The URL can be used to link to this page

Agenda 04-05-16The City of Boynton Beach City Commission Agenda Tuesday, April 5, 2016, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Boynton Beach City Commission Mayor Jerry Taylor (At Large) Vice Mayor Joe Casello (District IV) Commissioner Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boynton- beach. org Page 1 of 224 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). Page 2 of 224 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Invocation by Rabbi Michael Simon of Temple Beth Kodesh Pledge of Allegiance to the Flag led by Commissioner Romelus CLOSED DOOR SESSION to be held on April 5, 2016 at the close of the regular City Commission meeting, for private attorney-client sessions to discuss pending litigation in the following cases: 1) Boynton Old School Partnership, LLC., Plaintiff vs. City of Boynton Beach, Defendant - Case No. 502013CA01 1391 XXXXMB AH 2) GLADYS CANNON, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant — In the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case No. 50 -2008 -CA -003012 Division: AB 3) Cynthia L. Fitting and Joseph M. Fitting, her husband, Plaintiffs vs. City of Boynton Beach and Charles Turco, Defendants - Palm Beach County Circuit Court Case No. 50 2015 CA 003332 XXXX MB AF Swearing in of Commissioner Christina L. Romelus Swearing in of Mayor -Elect Steven B. Grant Presentation of Plaque to Michael Fitzpatrick Presentation of Plaque to Jerry Taylor Selection of Vice Mayor Swearing in of Vice Mayor 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 by new Executive Director for Palm Beach County Commission on Ethics (COE), Mark E. Bannon B. Proclaim April 10-16, 2016, as "National Library Week." Craig Clark, Library Director will accept the proclamation. C. Proclaim Wednesday, April 6, 2016 as "Arbor Day", Glenda Hall will be accepting the Proclamation. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of Page 3 of 224 the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Reg and 1 Alt Building Board of Adjustments and Appeals: 2 Alts Community Redevelopment Advisory Board: 1 Reg Education and Youth Advisory Bd.: 1 Stu N/V Senior Advisory Board: 1 Reg and 2 Alts Veterans Advisory Commission: 2 Alts 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R16-049 Approve and authorize signing of an Agreement for Water Service outside the City Limits with Lennar Homes, LLC (Flavor Pict Townhomes) for the properties 5300 Flavor Pict Road, 5450 Flavor Pict Road, and another unnamed parcel on Flavor Pict Road. The parcels are in the process of platting for a proposed development of 218 townhomes. B. Award the piggy -back of the State of Florida Contract # 94131608-16-P for "Tire Recapping" to PRIDE, as the primary vendor , as a responsive, responsible bidder who met all specifications. Estimated annual expenditure is $50,000, this award will be utilized on an "AS NEEDED BASIS". C. Approve the minutes from the Regular City Commission meeting held on March 16, 2016. D. Accept the resignation of Jeanne Taylor, a regular member of the Library Board. E. Accept the resignation of Christina L. Romelus from the Community Redevelopment Agency Advisory Board. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R16-050 - Approve the purchase of 120 X26p "Smart Tasers" from TASER International, Inc. of Scottsdale, AZ and enter into a five (5) year purchase plan with Municipal Asset Management, Inc. of Golden, CO with yearly payments of $23,821.03 per year for a total of $119,105.15 over the five (5) year period; as a sole source purchase and authorize the City Manager to sign all required documents. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS Page 4 of 224 A. PROPOSED RESOLUTION NO. R16-051 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the installation and maintenance of Project Improvements as described in the Solid Waste Authority's (SWA) Blighted and Distressed Property Clean-up and Beautification Grant Program Application and funding award. B. PROPOSED RESOLUTION NO. R16-052 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the Maintenance of the NE 4th Street Parking Lot. C. PROPOSED RESOLUTION NO R16-053 - Supporting Palm Beach County and the School District of Palm Beach County's plan to enact a one -cent sales tax to pay for needed improvements to public infrastructure, parks, public safety initiatives and economic development and to place a referendum on the November 8, 2016 ballot for voter approval of such sales tax. D. PROPOSED RESOLUTION NO. R16-054 - Authorize the Mayor to sign an Interlocal Agreement among Palm Beach County, The School Board of Palm Beach County, Florida and the signatory municipalities pertaining to the shared distribution and use of the one cent local government infrastructure surtax. 13. LEGAL A. PROPOSED ORDINANCE NO. 16-007 - SECOND READING - PUBLIC HEARING - Approve and authorize creating Part II, Chapter 2, Article 5, Section 2-93 of the code of ordinances for a Conditional Lien Encumbrance Reduction Program. B. PROPOSED ORDINANCE NO. 16-008 - SECOND READING - PUBLIC HEARING - Approve the annual update to the Five -Year Capital Improvements Schedule of the Capital Improvements Element of the City's Comprehensive Plan. 14. FUTURE AGENDA ITEMS -None 15. ADJOURNMENT NOTICE 1F APER.SON DECIDES TOAPPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED ARECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE 1N AND ENJOY THE BENEFITS OFA SERVICE, PROGRAM, ORACTWITY CONDUCTED BY THE CITY PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 OR (TTY)1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDAITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER 1T 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 5 of 224 1.A. OPENING ITEMS 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Jerry Taylor Invocation by Rabbi Michael Simon of Temple Beth Kodesh Pledge of Allegiance to the Flag led by Commissioner Romelus CLOSED DOOR SESSION to be held on April 5, 2016 at the close of the regular City Commission meeting, for private attorney-client sessions to discuss pending litigation in the following cases: 1) Boynton Old School Partnership, LLC., Plaintiff vs. City of Boynton Beach, Defendant - Case No. 502013CA011391 XXXXMB AH 2) GLADYS CANNON, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant — In the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case No. 50 -2008 -CA -003012 Division: AB 3) Cynthia L. Fitting and Joseph M. Fitting, her husband, Plaintiffs vs. City of Boynton Beach and Charles Turco, Defendants - Palm Beach County Circuit Court Case No. 50 2015 CA 003332 XXXX MB AF Swearing in of Commissioner Christina L. Romelus Swearing in of Mayor -Elect Steven B. Grant Presentation of Plaque to Michael Fitzpatrick Presentation of Plaque to Jerry Taylor Selection of Vice Mayor Swearing in of Vice Mayor Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 6 of 224 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Reviewer ommm Action Approved Date 3/25/201 - 4:43 PPA Page 7 of 224 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk 2.A. OTHER 4/5/2016 Reviewer Action Date Foyle, Judith Approved 6/25/2016 - 4:46 FSM Page 8 of 224 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: Presentation by new Executive Director for Palm Beach County Commission on Ethics (COE), Mark E. Bannon EXPLANATION OF REQUEST: The Palm Beach County Commission on Ethics (EOC) hired Mark E. Bannon as their new Executive Director in December of 2015. Mr. Bannon would like to formally introduce himself to the City Commission. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date City Manager Howard, Tim Approved 3/24/2016 - 9:42 AM Finance Howard, Tim Approved 3/24/2016 - 9:42 AM City Manager LaVerriere, Lori Approved 3/30/2016 - 10:20 AM Page 9 of 224 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: Proclaim April 10-16, 2016, as "National Library Week." Craig Clark, Library Director will accept the proclamation. EXPLANATION OF REQUEST: National Library Week is held each year throughout the United States to remind communities that libraries everywhere play a vital role in supporting the quality of life in their communities and to encourage everyone to use their local libraries. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This Proclamation will help raise public awareness that our own Boynton Beach City Library is here to serve as a crucial technology hub for people in need of free Web and research database access, assistance finding job resources; and, a place for opportunity, education, self-help and lifelong learning. FISCAL IMPACT. Non -budgeted None. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Proclamation Description Proclamation for National Library Week: April 10- 16,2016 Page 10 of 224 REVIEWERS: Department Re\Aewer Action Library Clark, Craig Rejected Library Pyle, Judith Approved Library Pyle, Judith Approved Assistant City Man agerPyle, Judith Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 3/8/20j6 -¢]7P9 3/242016-$ AM 3/242016-$ AM 3/242016-$ AM 3/24/2016 - 9:52 AM 3/30/2016 - 10:19 AM Page 11 0 224 WHEREAS, libraries have long served as trusted and treasured institutions, and library workers and librarians fuel efforts to better their communities, campuses and schools; WHEREAS, libraries are evolving in order to serve their communities and to continue to fulfill their role in leveling the playing field for all who seek information and access to technologies; WHEREAS, libraries and librarians open up a world of possibilities through innovative STEAM programing, Makerspaces, job -seeking resources and the power of reading; WHEREAS, libraries and librarians are looking beyond their traditional roles and providing more opportunities for community engagement and deliver new services that connect closely with patrons' needs; WHEREAS, libraries support democracy and effect social change through their commitment to provide equitable access to information for all library users regardless of race, ethnicity, creed, ability, sexual orientation, gender identity or socio-economic status; WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week. NOW, THEREFORE, be it resolved that I, Jerry Taylor, Mayor of the City of Boynton Beach, proclaim National Library Week, April 10-16, 2016. 1 encourage all residents to visit the library this week and explore what's new at your library and engage with your librarian. Because of you, Libraries Transform. National Library Week IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida the 5t" day of April, Two Thousand and Sixteen. Jerry Taylor, Mayor ATTEST: City Clerk (Corporate Seal) Page 12 of 224 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: Proclaim Wednesday, April 6, 2016 as "Arbor Day", Glenda Hall will be accepting the Proclamation. EXPLANATION OF REQUEST: An Arbor Day celebration will be held on April 6, 2016 at JC Park starting at 9:45 AM. Congress Middle School students and the Boynton Beach Garden Club will be planting 1 flowering tree and native trees. This celebration is necessary as one of the requirements of being Tree City USA. This will be the City's 33rd year of planting trees for Arbor Day. The Proclamation gives recognition of Arbor Day. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? It will build awareness of the importance of trees, improve the environment while enhancing the parks pathway. FISCAL IMPACT. Budgeted $600.00 for trees and staking materials ALTERNATIVES: To not celebrate Arbor Day and meet the requirements for the Tree City USA. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Addendum REVIEWERS: Description Arbor Day Proclamtion Page 13 of 224 Department Reviewer Action Public Works Livergood, Jeffrey Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 3/14/2016 - 9:66 AM 3/16/2016 - 9:38 AM 6/60/2016 - 10:20 AM Page 14 of 224 (Procfamation UI14EREA5, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WNEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WNEREAS, Arbor Day is now observed throughout the nation and the world; and WNEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and WNEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WNEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WNEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, TINEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 6, 2016 as: ARBOR DA Y in the City of Boynton Beach, and I urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. IN WITNESS WNEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed this 5th day of April in the Year 2016. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) Page 15 of 224 Page 16 of 224 5.A. ADMINISTRATIVE 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Reg and 1 Alt Building Board of Adjustments and Appeals: 2 Alts Community Redevelopment Advisory Board: 1 Reg Education and Youth Advisory Bd.: 1 Stu N/V Senior Advisory Board: 1 Reg and 2 Alts Veterans Advisory Commission: 2 Alts EXPLANATION OF REQUEST. The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT. Non -budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 17 of 224 Type D Other D Other REVIEWERS: Department City Clerk Reviewer MMMM Description Appointments Di Corrado Application Action Approved Date 3/25/2016 - 4:43 PPA Page 18 of 224 1•. 1 1 *• 1 1 ! ! Arts Commission III Romelus Reg IV Casello Alt Applicants Cindy Falco-DiCorrado Building Board of Adjustment & Appeals Ill Romelus Alt 1 yr term to 12/15 Tabled (3) IV Casello Alt 1 yr term to 12/15 Applicants None Education and Youth Advisory Board IV Casello Stu NN 1 yr term to 12116 (Tabled 3) Applicants None Senior Advisory Board III Romelus Reg 2 yr term to 12117 IV Casello Alt 1 yr term to 12116 Mayor Grant Alt 1 yr term to 12116 Veterans Advisory Commission III Romelus Alt 1 yr term to 12/16 IV Casello Alt 1 yr term to 12/16 Applicants None Page 19 of 224 le, Judith From: gettingrealwithcindy <noreply@123contactform.com> Sent: Thursday, February 18, 2016 8:37 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 02/18/2016 Name Cindy Falco -Di Corrado Gender Female Phone number 904-501-3082 Address i 316 N.W. 1st Avenue Do you own/manage Boynton Beach Fla 33435 a business within City United States Emaileg ttinyrealwithcindy a,hotmail.com Current occupation Are you currently or, if retired, prior Floral Designer occupation board? Education Graduated and owned and operated 4 floral shops Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which board(syand when? Have you ever been No convicted of a crimefi If "yes", when and where? Advisory Board Arts Commission i Page 20 of 224 Personal I am a Floral Artiste. I have owned and operated my own floral business: Floral Qualifications Designs by Cindy in Miami, Florida since 1980 where I was born and raised. I am also an event/wedding co-ordinator and I love to create ambiances for people to gather together and enjoy the moments and make new memories and friends. I feel I would be an asset in helping to work with others to create some innovative ideas for the city and to bring the community together through the arts. Presently I freelance for The Flower Market of Boynton Beach on Congress in the Oakwood Plaza, Professional At this time I hold an inactive Real Estate License. I have certification in Biblical Memberships Counseling and I am an Ordained Minister. I have held in the Past several professional memberships such as the Chamber of Commerce. BNA( Business Network Association )as well as the above mentioned when I owned my businesses. I am now semi -retired. I use that term loosley as I don't think I will truly retired. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 76.108.79,103 (United States) at 2016-02-18 08:36:42 on Firefox 44.0 Entry ID: 145 Referrer: www,boynton-beach,org/officials/advisory boards.php Page 21 of 224 CONSENTAGENDA 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-049 Approve and authorize signing of an Agreement for Water Service outside the City Limits with Lennar Homes, LLC (Flavor Pict Townhomes) for the properties 5300 Flavor Pict Road, 5450 Flavor Pict Road, and another unnamed parcel on Flavor Pict Road. The parcels are in the process of platting for a proposed development of 218 townhomes. EXPLANATION OF REQUEST: The property covered by this Agreement is located in the unincorporated Palm Beach County outside of the City limits in our SW water service area, west of Military Trail on Flavor Pict Road. The property historically is vacant land with agricultural related structures that receive water from wells. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City is able to provide water to the area. The owner agrees to be responsible for all costs to provide service to the individual townhomes. No additional construction is required by the City to service this property. FISCAL IMPACT: Customers outside the City limits pay an additional 25% surcharge above the water rates charged to customers within the City. ALTERNATIVES: Deny request to provide service. If service is denied the Consumptive Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limited restriction #19 that states "The Permittee shall notify the District within 30 days of any change in the service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction." Although it is highly unlikely that refusal to serve one property would trigger modification or reduction of the annual allocation, this provision should be noted. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 22 of 224 Grant Amount: ATTACHMENTS: Type D Agreement D Attachment REVIEWERS: Department Utilities -Customer Service Finance Legal City Manager Description Resolution approving WSA with Lennar Homes 5300 Flavor Plot Road Lennar Homes Flavor Plot TH W Lennar Homes Flavor Plot TH bkup Reviewer Action Groff, Colin Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 3/15/2016 - 2:43 PPA 3/24/2016 - 9:41 AKA 3/24/2016 - 3:53 PPA 3/31/2016 - 9:50 AKA Page 23 of 224 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND LENNAR HOMES LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 5300 Flavor Pict Road, 5450 Flavor Pict Road, and another unnamed parcel on Flavor Pict Road (Parcel Control Number 00-42-46-02-00-000-5100, 00- 42-46-02-00-000-5130 and 00-42-46-02-00-000-5140); and WHEREAS, the property covered by this agreement historically is vacant land with agricultural related structures that receive water from wells located in the unincorporated Palm Beach County portion of the City's utility service area; and WHEREAS, no additional construction will be required by the City to serve this property and the owner agrees to pay all costs to provide service to the individual townhomes being built. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to sign a Water Service Agreement between the City of Boynton Beach, Florida and Lennar Homes LLC, a copy of which is attached hereto as Exhibit "A". C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\5553C9DD-E546-407A-94E0-BD76546CA107\Boynton Beach. 2992.1.5 300 Flavor Pict Road WSA - Reso.docx Page 24 of 224 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus VOTE ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\5553C9DD-E546-407A-94E0-BD76546CA107\Boynton Beach. 2992.1.5 300 Flavor Pict Road WSA - Reso.docx Page 25 of 224 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TFUS AGREEMENTmade on this 14th day of March 2016 , by and between Lennar Homes, LLC. (Name of Corporation), hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its 1�urisdictional limits on annexation of the prope"0419w"MOMMMM, Nil at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service frorn the Muaicir&ial Water S!w.tem and the mutual covenants ktutwwzwv�� and the Customer, his heirs, successors and assigns, agree as follows: 1 The City agrees to provide Customer with water service from its Municipal Water Customer(Exhibit A) 1 The Customer and the City hereby agree that there are 228.1 Equivalent Residential Connections which City shall service. 4. Any water main extension made pursuant to this Agreement shall be used only by the Page 26 of 224 Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Watel Wistribution System to and including the metered service to Customer shall be vested in the City cxclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment- - it -Jr 4 1 IV W-twienwi"Int"I a $1r1VA#1;K"4 r. I 011'issulte) loop 111KOJEtant of - 7. Any rights-of-way or easements necessary to accommodate the connections shaI I t4 provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Sr)ecial Power of AT.ow-ev-warfi-tv t*VFe ChW I'M. f,1., pyPi-litt, Ovp• o'siLp OW annexation is initiated, The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will nfo-ai ajv_Z2JaLW&-,w 1)T � ower of attorney nor constitute a diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph I above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach Countv i Flo 'i -a � I ki-11671p, +1 f�O-0j'stiLTFOX 'imq 0 10 10"Mm a4 1 gwg a tora 1 !14 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions limitations or rec,-uirements F--AAw,-.%J �gms%-Y--v T'X other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, iminairment or termination of water service due to acts strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims. dMalu 4.%L _ILL W Page 27 of 224 suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post � udgment collectionand costs rising out of or obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incomorated in this AWMent- n10Qja,1jj.1; i Is 012ce- -Asr 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 28 of 224 STATE OF COUNY OF )ss: T me 131y: 11 1 lmolj[ZYA 00611 "ON RDRM oftuyy cde I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the SlIta, (1resaid and in the County aforesaid to take a9knowledgmen1s, personally appear Z1 a s Of 111,74 41 1AL k<2X/'0/W"0'f named in foregoing agreement and that he/she acknowledged executing the same in the presence of %9A 43L. 6 im U'1010' - f itness my hand and official seal in the Co and Sta ast aforesaid this day of Cour my 201 'NOTO JBLIC rin- d Name My Commission Expires: PATRICIA LLAMA MY COMMISSION #FF24471 8 EXPIRES: JUN 28, 2019 Bonded though 1 at State Insurdnee 4 Page 29 of 224 177F 1741-1C IN' —1 Y' il" Lennar Homes LLC F .................. .(INSERT XkM d) a Florida municipal corporation By-.. Lori LaVerriere, City Manager N rZ W4 =-I SM CityAttor-ney STATE OF FLORIDA )ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duty authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Lori LaVerriere, City Manager and City Clerk respectively, of the wwomy's"i'", - "RI, w 429*"20" Www"'Na" corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of 201—. Hasm Page 30 of 224 TIM S IN37RUMF-NT PREPARLD BY, James A. Cherof, Esquire City of Bopton each 100 E.Boymon each Blvd. Boynton, each, Florida 33425 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporate Representative) PCN No. a0-42-46-0/',,-tn-,O--000-5100, ..... . . . ....... .... . ........... The powers and authority of my attorney, T11h CITY OF BOYNTON BEACII, FLORIDA, shall cornmence and be in full force and eSect on the 14th day of March 20 16 and the powers and authority shall be irrevocable by Grantee, Page 31 of 224 f IN WITNESS WHEREOF, we have hereunto set our hands and seals the --t/— day of in the year 20 q M 1 M.T. Morl 9. M KT=-, I F M STATE OF Corporation Name:Lennar Homes LLC ..... . ................. . ........ .... ... By: Print Name a-tkd Title:Carlos Gonzalez. Vice 1:,"resident xrTEST SS: IN4 COUNTY OFC::& \ 4WLnv CC/ I PE -N -EBT CERTIFT that on this day, before me, an officer duly authorized in the Star- af and in the County afores to take acknowledgrnent�, personally appeared :V:nazg�of qn-ai- A�2�5 named in the foregoing agreement and that he/she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in hirrAer by said Corporation and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. Witness my hand and official seal in the County and State last aforesaid this day of "I 10 PATRICIA U.AMA WMY COMMMON #FF24471 8 EXPIRES: JUN 8a 201 NO" JEBLICI Bonded through 1 st State Insmos Printed Name Mrj�� r Page 32 of 224 Search Search Results Detail view F'rQPrt'r,.Ety-9f-,r, girdl Owners LENNAR HOMES LLC Sales Information Sales Date Price SEP -2015 11500000 APR -2015 10 JUL-2013 300 APR -2008 10 OCT -2007 4000000 12 Appraisals fax Year 2015 Irnprovement v $o Page I of 1 Gary R. Mf Flavor Pict Rej I go http:llwww.co.pahn-beach.fl.uslpapalAspslpapagislpapagis.aspx?qvalue=0042460200O005.., 3?,qqp23P6of 224 PAPA Maps Search Search Results Detail VLIE,%,v 1,1ro ,erty Rer, j� Owners LENNAR HOMES LLC Property detail Location 5450 FLAVOR PICT RD Municipality UNINCORPORATED Parcel No. 00424602000005130 Subdivision Book 27843 Page 1502 Sale Date SEP -2015 730 NW 107TH AVE STE Mailing 300 Address MIAMI FL 33172 3104 Use Type 5100 - AG Classification CROP SOIL CLASS 1 Total 31320 Square Feet Sales Information Sales Date Price SEP -2015 11500000 APR -2015 10 JUL-2013 300 APR -2008 10 OCT -2007 4000000 1 2 Appraisals 'Tax Year 201.5 Page 1 of I I no http://www.co.palm-beach.fl.uslpapalAspslpapagislpapagis.aspx?qvalue=004246020O0005... ?,qof-2@116of 224 http://www.pbcgov.com/papa/Asps/papagis/Papagis.aspx?qvalue=o Page 35 of 224 3114/2016 Detail by Errfity Name � 9 =M F-1 111110 W -M I WIM, ills. LENNAR HOMES, LLC F111no Information Document Number L06000114706 FEIIEIN Number 59-0711505 Date Filed 11/30/2006 Effective Date 01/18/1954 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 04/30/2015 Event Effective Date NONE PrInchoal Address 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 I-ITi ME =$A # 51 700 11.7!'. 107TH AVENUE SUITE 400 MIAMI, FL 33172 B-ewLs-tered A mEb UT-0fUFA—STST E rT-. 1200 S. PINE ISLAND RD. SUITE 250 PLANTATION, FL 33324 ijindr, Q Wo. X1412016 U.S. HOME CORPORATION 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 Ifill-LER, STI. - 11' AR00NW107TH AVENUE SUITE 400 MIAMI, FL 33172 10-3150TIT41 GROSS,BRUCE 700 N.W. 107TH AVENUZ SUITE 400 MIAMI, FL 33172 BECKWITT, RICHARD 1707 MARKETPLACE BLVD., SUITE 270 IRVING, TX 75063 Title VP/S/GC SUSTANA,MARK 700 N.W. 107TH AVENUE S U ITE 400 MIAMI, FL 33172 Feder, Eric 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 w Bavouset, James S 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 GABORSTEPHEN 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 Detail by Entity Name i mpiq � 3(1412016 GONZALEZ, CARLOS 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 Title VP GROSS, BRUCE 700 N.W. 107TH AVENUE S U ITE 400 MIAMI, FL 33172 k Kuw-j HIGGINS, ERIK R 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 A1RST, BRYAN m 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 k Im : I 111 11 _rFIFIVIE W(TA-XTEV SUITE 400 MIAMI, FL 33172 MARLIN, CHRISTIAN L 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 Ifici7I,1Rep,?1J, DARIN L 700 N.W. 107TH AVENUE S U ITE 400 MIAMI, FL 33172 10my McPHERSON, GREG 1 700 N.W. 107TH AVENUI T,UITE 400 MIAMI, FL 33172 11mm'v Detail by Entity Name Detail by Eryfity Name METHENY, MARVIN L 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 ROTHMAN, FRED 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 k SMITH, STEVE R 700 N.W. 107TH AVENUE S U ITE 400 MIAMI, FL 33172 TYLER, JUDD 700 N.W. 107TH AVENUE S U ITE 400 MIAMI, FL 33172 COLLIRS, DAVID 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 Il " W -Al A 1 0 If] 0 YA AVILA, MICHAEL 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 CAEf%,SANDY 700 N.W. 107TH AVENUJ SUITE 400 MIAMI, FL 33172 HUMAN, MICHAEL 700 N.W. 107TH AVENUI ?,UITE 400 MIAMI, FL 33172 R 9 uplat R 1911M lull I 01010.11FAA�� 0�1 KIRSCHNER, TERRENCE V 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 MORGAN, KAREN 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 MOSS, DEBORAH 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 RODRIGUEZ, ANGEL 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 SERRATE, PHIL 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 Nit rVIT. W7 I A ATTE111 SUITE 400 MIAMI, FL 33172 MURIAS, MANUEL 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 AGATSTE IN, GARY A 700 N.W. 107TH AVEN U SUITE 400 MIAMI, FL 33172 Detail by Erv* Name T011 .......... -- . A -&A -c M f paw"gff pnm m ;Tmrum PETROLINO, MICHAEL 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 SCHAAN, TODD 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 Title Asst. Secretary CAE41, SARDT 700 N.W. 107TH AVENU-2 SUITE 400 MIAMI, FL 33172 HOUK, MELANIE 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FIL 33172 LMML�� LET11A, WI7,?A 700 N.W. 107TH AVENUE S U ITE 400 MIAMI, FL 33172 MAYER, JOAN 700 N.W. 107TH AVENU2 SUITE 400 MIAMI, FL 33172 Title Asst. Secretary McPHERSON,GREG 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 6*.fAj'jj Ll 0093%am- fW's I I ZRIM-Amiumm .............. ................ i iind 01i TV_ �Pvofi I . . . . . . . . . . . . ....... f I I Ylkni 311412016 Detail by Entity Name MIAMI, FL 33172 Title Asst. Treasurer DeSOUZA, JACQUELINE S 700 N.W. 107TH AVENUE SUITE 400 M IAM 1, FL 33172 I FOSTER, E.1,1. MICHAEL 700107TH AVENUE SUITE 400 MIAMI, FL 33172 ROTHMAN, FRED 700107TH AVENUE S U ITE 400 MIAMI, FL 33172 ELLIS, LANCE 10481 BEN. PRATT SIC MILE CYPRESS PARKWAY FORT MEYERS, FIL 33912 mmmol o in 14 1 k0mT BROCK, NICHOLAS 8390 EAST CRESENT WAY PARKWAY #600 GREENWOOD VILLAGE, FL 80111 1 -CU -3 1ft1w. •'' I i 0111115MM: GOLDSTEIN, BENJAMIN 4600 WEST CYPRESS STREET SUITE 200 TAMPA, FL 33607 ICH -3 "Ift-r-TallfwAgiriw i � i � I � i � � 11 1141fl 11 ��'i CATAFIV!�,RITI, JR., JOE 700 N.W. 107TH AVENU SUITE 400 MIAMI, FL 33172 p9lp"Wo A,- 1% W14/2016 10MIL,X1141 a - a PACE, ERICKA XEb'�;SIWEI�"r SUITE 200 TAMPA, FL 33607 130111R, ROB 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 jffjfWAj§jjm BOWLEY, THERESA 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 HIRONS, PARKER 46-01, VVES7-CWFAESST:N�11 R -E -ET SUITE 300 MIAMI, FL 33607 ffRM- WE DeSimone, Anthony 700 N.W. 107TH AVENUE SUITE 400 MIAMI, FL 33172 Report'fear Filed Date 2015 04/09/2015 2015 08/31/2015 2015 11/11/2015 Document 1ma%es 11/11/2015 — AMENDED ANNUAL REPORT View hi age in PDF fonnat It 4rvi M CONSENTAGENDA 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: Award the piggy -back of the State of Florida Contract # 94131608-16-P for "Tire Recapping" to : PRIDE, as the primary vendor , as a responsive, responsible bidder who met all specifications. Estimated annual expenditure is $50,000, this award will be utilized on an "AS NEEDED BASIS". EXPLANATION OF REQUEST: TERM AGREEMENT. FEBRUARY 11, 2016 - FEBRUARY 11, 2021 The State of Florida has a contract, 94131608-16-P for Recap Tires. The City will piggy -back this contract to purchase our recap tires. We will be purchasing the 11822.5 recap tire # 6611R225 for $193.32 that has a tread depth of 18/32. The contract is for 5 years expiring on 2/11/21. Expenditures for previous years: FY 14/15 $43,401.82 FY 13/14 $47,027.89 This year's expenditures will be an estimated $50,000. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this contract is to secure a source of supply for the purchase of 11822.5 Recap/Retread Tires. These supplies will be ordered on an "AS NEEDED BASIS" and stocked within the City's Warehouse FISCAL IMPACT. Budgeted Account Number Estimated Annual Expenditure Warehouse Stock 502-0000-141-0100 $50,000 ALTERNATIVES: Obtain quotes on an "as needed" basis which would not be cost effective. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 44 of 224 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Pride START DATE: 2/11/2016 END DATE: 2/11/2021 CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: The contract has an option to renew for a period not to exceed five years. ATTACHMENTS: Action Type D Addendum D Attachment D Addendum D Addendum REVIEWERS: Department Finance Finance Legal City Manager Description Recap Award Letter PRIDE Agreement Term State of Florida Recap Contract State of Florida Recap Pricing Reviewer Action Date Howard, Tim Approved 3/28/2016 - 8:49 AKA Howard, Tim Approved 3/28/2016 - 8:49 AKA Swanson, Lynn Approved 3/28/2016 - 2:49 PIVD LaVerriere, Lori Approved 3/31/2016 - 9:47 AKA Page 45 of 224 The City of Boynton Beach Finance Department WAREHOUSE DIVISION 9 TO: Tim Howard, Director of Financial Services FROM: Michael Dauta, Warehouse Manager DATE: March 9, 2016 SUBJECT: State PRIDE Recap Tire Contract # 94131608-16-P It is my recommendation to piggy back the State's Contract # 94131608-16-P for Recap Tires with PRIDE ENTERPRISES. The contract expires 2/11-2021. We will be purchasing the 11R22.5 recap tire # 6611R225 -D_00177 for $179.14 that has a tread depth of 24/32. Last year's expenditure were $43,401.82. The previous year's expenditures were $47,027.89. This year's expenditures will be an estimated $50,000. Page 46 of 224 PRIDE / PRIDE / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations / Florida Department of Management Services - DMS FL€QJDA DPARNPO Cf SITE MAP I CONTACT DMS MYFLORIDAHOME management S E R V I C E f Vj i 4Ve-. those wttio serve Rorida IN liligilom f � 0!!CI a ��C7 Ca(ttTl Fntt$_C�[ ��rI It��,C, Fn tT1 Fn It2 ervices > �� Inness %� )erafiorls > :`hate PurdicI51nC;, > Vendor Information > State 0 Search Current LocationContracts and Aa-, Tint > 'I dlC.it > PRIDE PRIDE Price Sheets ... Master rice Sheet Contractors How to Use this Memorandum of ��utrdx2yrewk. Questions aurora lets .reemen't_:- Conu9 Note Memorandum of Effective 02/11/2016 through 02/11/2021 Period Contract Type PRIDE Contract Master Price Shc:ca 476.01 KB) Information Contractors Plow to Use this Mernor'andlurn of AgEfLe'nlent Lr'q%aLitlyskec Questions Contract C;OCTIL7I t -_ 1 rr fir; rr Carr -of_ c roomont - 'C.7F7�.i 254.18 K13 Documents Contract Jillian Career, Administration 850-414-6131 J i I I i � ring rn�€nrr�a) � rrtsn rn of I r rni ci�a ncc;rrt Commodity UNSPSC-53100000, UNSPSC-47000000, UNSPSC-47120000, UNSPSC-24121500, UNSPSC- Codes 81112000, UNSPSC-30102800, UNSPSC-30103600, UNSPSC-30102900, UNSPSC-56101600, UNSPSC-56101530, UNSPSC-52121500, UNSPSC-56101700, UNSPSC-44110000, UNSPSC- 56121000, UNSPSC-25172500, UNSPSC-31211500 The Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) Memorandum of Agreement includes: Twill, unisex, V-neck pullover jail shirts, mock fly, elastic waistband jail pants, men, and women underwear, 50/50 poly/cotton medium weight T-shirts, cotton socks, and firefighting shirts/pants. Cleaning Chemicals & Supplies A variety of home, office, and industrial cleaning products, and supplies, including dish and laundry detergents, soaps, deliming solutions, sanitizers, vehicle cleaners, degreasers, shampoo, and polishes. Corrugated Boxes A variety of corrugated cardboard file, and storage boxes. Digital Imaging Services The conversion of paper and film media to a digital format suitable for import to an existing, or planned electronic document management (EDM) system. A variety of wood fencing materials. Furniture, Park Recreational Trash receptacles, benches, picnic tables, ground mounted grills, other park furnishings, and accessories. Page 47 of 224 http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/state_contracts_and_agreements/pride/pride2[3/28/2016 8:43:02 AM] PRIDE / PRIDE / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations / Florida Department of Management Services - DMS Mattress, Polyester Fiberfill & Synthetic Foam Conventional mattresses with polyester fiberfill material for use in open -type housing and medium/minimum custody areas where the likelihood of intentionally set fires are minimal. White muslin bleached flat sheets, and pillowcases. Office Furniture Office furniture, including desks, hutches, bookcases, chairs, modular furniture, and lounge seating. Office Products (Formerly Signage) Customizable engraved ADA compliant office signage. Envelopes available in different sizes, and configurations. Shelving, Metal, Open & Closed Opened and closed metal shelving units in a variety of dimensions, and colors. Tire Recapping A variety of truck and trailer tire recaps. The recaps are available for trailer wheel regional application, line haul application, and spread axle. Recaps are available for truck wheel regional application, line haul application, and on/off road tread for all wheel positions, regional or refuse service applications. Traffic Paint, Water Emulsion -Based Fast -dry water based traffic paints that are single -packaged, and ready mixed. Benefits Commodities: • Wide product selection with thousands of items on Memorandum of Agreement • Statewide coverage • P -card accepted • Competitive bid exempt Document reader download link IS Excel Viewer s .; Adobe PDF 1 ender Page 48 of 224 http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/state_contracts_and_agreements/pride/pride2[3/28/2016 8:43:02 AM] MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENJ OF MANAGEMENT SERVICES, DIVISION OF STATE PURCHASIN AND PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIE ENTERPRISES, INC. Tfils XgFIFITTITY, elfccu"T atC *T MC la WVT 1I of Management Services, Division of State Purchasing (hereinafter referred to as the "Department") and Prison Rehabilitative Industries and Diversified Enterprises, Inc. d/b/a PRIDE Enteiprises, the nonprofit corporation authorized to operate correctional work programs pursuant to 946.504, Florida Statutes (hereinafter referred to as PRIDE). MMU != 1 1111 111111!111111111!11I�11 11111111111111111 11 M3-,01 4. A Purchasing Analyst shall be designated as liaison and agreement manager for the Division of State Purchasing, Department of Management Services. The President of PRIDE is designated as the liaison and agreement manager for PRIDE. In the event that different representatives are designated by either party after execution of this Agreement, notice of the name and address of the new representatives shall be provided in writing to the other party, which notice is not an amendment to this Agreement. iWEen 10 and signed by all parties. The parties agree to amend this if it becomes necessary pursuant to the passage of new or revisions of any applicable laws. T�R i) Upon PRIDE request, review and determine whether a product or service price is comparable pursuant to 287.042(1)(f), Florida Statutes. The Department liaison shall give written notice to PRIDE, within 30 days of PRIDE Enterprises Agreement: 94131608-16-P Ppirge149 of 224 FLOR10A DB"TM'NT rf management SERVICES wvw tkoso wim scrya Roods MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENJ OF MANAGEMENT SERVICES, DIVISION OF STATE PURCHASIN AND PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIE ENTERPRISES, INC. Tfils XgFIFITTITY, elfccu"T atC *T MC la WVT 1I of Management Services, Division of State Purchasing (hereinafter referred to as the "Department") and Prison Rehabilitative Industries and Diversified Enterprises, Inc. d/b/a PRIDE Enteiprises, the nonprofit corporation authorized to operate correctional work programs pursuant to 946.504, Florida Statutes (hereinafter referred to as PRIDE). MMU != 1 1111 111111!111111111!11I�11 11111111111111111 11 M3-,01 4. A Purchasing Analyst shall be designated as liaison and agreement manager for the Division of State Purchasing, Department of Management Services. The President of PRIDE is designated as the liaison and agreement manager for PRIDE. In the event that different representatives are designated by either party after execution of this Agreement, notice of the name and address of the new representatives shall be provided in writing to the other party, which notice is not an amendment to this Agreement. iWEen 10 and signed by all parties. The parties agree to amend this if it becomes necessary pursuant to the passage of new or revisions of any applicable laws. T�R i) Upon PRIDE request, review and determine whether a product or service price is comparable pursuant to 287.042(1)(f), Florida Statutes. The Department liaison shall give written notice to PRIDE, within 30 days of PRIDE Enterprises Agreement: 94131608-16-P Ppirge149 of 224 receipt of a completed application, as to whether the products and services prices were approved or disapproved. A request is complete upon receipt of all information requested by D The Department shall review price adjustments in the same manner as it conducts the initial review of prices for comparability. Ifflyfflor- I"= i) In accordance with subsection 287.042(l)(c), Florida Statutes submit to the Department all products and services it intends to have the Department list. (,i) If needed, submit a product or service for testing, analysis and review, relating to quality and price comparability, to the Department of Agriculturr. and Consumer Services or another mutually agreeable third party, PRIDE will pay any fees associated with testing to the third party. iii) Shall pay a quarterly sum of $ 10,000.00 for Department services support of the Agreement. i iv) Not change prices or specifications of products or services addressed in this Agreement except as speced in this Agreement. OEM= Monitor products and services on the procurement list that are duplicated on other lists or contracts and recommend action in accordance with the best interests of the State. iv) Coordinate resolution to complaints and comments in relation to this agreement. v) Assist with educating State buyers on PRIDE's mission and benefit to the community. vi) Leverage the catalog development, sourcing and buying functionality MyFloridaMarketPlace (MFMP) on behalf of PRIDE. i 7, In the event of a dispute between a purchasing authority of a state agency and PRIDE based upon price or quality of items available from PRIDE pursuant to Section 946.515(2), and Section 287.042(l)(f), Florida Statutes, either party may request a PROE Enterprises Agreement: 94131608-16-P IR@@E,250 of 22� hearing with the Department. If the dispute is not resolved through hearing with the Department, the parties may request an administrative hearing pursuant to Section 120.569 1 and 120.57 1 Florida Statutes i which rearrest shall be referred to the Di Wil I It. -.0 Lis' d11j-HO)j,C pursuant to Section 120.68, Florida Statutes. 8. To facilitate the timely processing of commodity pricing approvals, PRIDE will furni the following data to the Department liaison: i i) Commodity code '+ 'R ii) Product description/specifications iii) Proposed price (piece/volume) iv) Freight-inclusive/exclusive V) Price comparisons with citations B. Price Adjustments for products with existing commodity codes: i) Commodity code ii) Current pricing (piece/volume) Requested increaselnew price iv) Price Comparisons with citations iii) New specification sought iv) Specification Comparisons with citations 9. PRIDE agrees to utitize the U.S. Department of Homeland Security's E -Verify system, https.//e-verify.uscis.gov/emp, to verify the employment eligibility of all new employees hired during the term of the Agreement. PRIDE Enterprises Agreement: 94131608-16-P lRWe351 of 224 10. PRIDE certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473. PRIDE agrees the Department may immediately terminate the Agreement for cause if PRIDE is found to have submitted a fal certification or if PRIDE is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lis during the term of the Agreement. I 11. The State of Florida supports and encourages initiatives to keep the workplace of Florida's suppliers and contractors drug free. PRIDE shall sign and submit the "Certification of Drug -Free Workplace Pmgram" form, attached hereto and certify that PRIDE has a drug- free workplace program. 12. The State of Florida and PRIDE are committed to supporting its diverse business industry and population through encouraging participation by minority, women, and veteran small business enterprises in the economic life of the State. 13. Subject to the provisions of s. 946.517, Florida Statutes, this Agreement is subject to the provisions of Chapter 119, Florida Statutes, including but not limited to 119.0701, Florida &;Aites. 14. If PRIDE considers any portion of the documents, data or records submitted in furtheranc,-* of this Agreement to be confidential, proprietary, trade secret or otherwise not subject to disclosure, pursuant to Chapter 119, Florida Statutes, the Florida Constitution, Section 946.517, Florida Statutes, or other authority, PRIDE is to mark the record as "Confidential." In the event of a request for public records, pursuant to Chapter 119, Florida Statutes, the Florida Constitution, or other authority, for documents that are marked as confidential, the Department will notify PRIDE that such a request has been made. It is PRIDE's responsibility to assert that the documents are exempt from disclosure under Chapter 119, Florida Statutes, s. 946.517, Florida Statutes or other applicable law. If the Department becomes subject to a demand for discovery or disclosure of the Confidential Information of PRIDE in a legal proceeding, the Department shall give PRIDE prompt notice of the demand prior to releasing the information (unless otherwise prohibited by applicable PRIDE shall be responsible for defending its determination that the documents are confidential, proprietary, trade secret, or otherwise not subject to disclosure. PRIDE agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to PRIDE's determination that its records are confidential, proprietary, trade secret, or otherwise not subject to disclosure. 15. PRIDE shall retain sufficient documentation to substantiate claims for payment under the Agreement and all other records, electronic files, papers, and documents that were made in relation to this Agreement for a period of five (5) years after expiration or termination of the Agreement. PRIDE Enterprises Agreement: 94131608-16-P PEW% 52 of 224 16. Term of Agreement shall be for five (5) years from the effective date with an optional renewal period not to exceed five (5) years. The Agreement is subject to the grant of budget authority by the Florida Legislature and shall renew only upon a Fiscal Year of budget authority by the legislature. I 17This Agreement contains all the terms and conditions agreed upon by the parties. In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, in whole or in part or in any respect, or in the event that any one or more of the provisions of this Agreement operates or would prospectively operate to invalidate this Agreement, then, and in any of those events, only such provision or provisions shall be deemed null and void and shall not affect any other provision of this Agreement. The remaining provisions of this Agreement shall remain operative and in full force and effect and shall in no way be affected, prejudiced, or disturbed thereby. 18. A party may terminate its participation in this Agreement upon no less than thirty (30) days written notice to the other party to this Agreement. Such notice shall be sent via certified mail to the party designee as identified in this Agreement. 19. PRIDE agrees that any and all claims, suits, judgments or damages, where due to the negligence or intentional misconduct of PRIDE or its agents or employees, shall be the sole responsibility of PRIDE. However, nothing in this paragraph is intended as a waiver of sovereign immunity, or the limits or Section 786.28, Florida Statutes, and nothing in this paragraph is intended to confer any rights or benefits to any party other than the Department. 21. Pride shall submit a Quarterly Sales Report in Excel forniat within 30 days of the end of the State's fiscal quarter (September 30, December 3 1, March 3 1, and June 30) in the fonnat that will be provided by the Department electronically upon execution of this Agreement. F-2. PRIDE hereby agrees to cooperate with the Department and MyFloridaMarketPlac (MFMP) to the following: Upon the Department's' request, to deliver a punch -out catalog, ne punch -out catalog content must be limited to PRIDE's approved statewide contract offerings. In addition to and product catalog (Catalog) to the Department containing only approved items and prices. For each item, the following information shall be provided at a minimum: item description, na-Lufacturer ime, na-cufacbrerya-7it iwitber, uTmit of xceg-sure, list y-ice!_?Td-ciitr?_ct pjEcc, and item image. PRIDE Enterprises Agreement: 94131608-16-P IR@ge553 of 224 02M processed through the MFMP. For the purposes of this section, PRIDE warrants and represents that it is authorized and empowered to and hereby grants the Department and the third party provider of MFMP, a state contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, PRIDE warrants and represents that it is authorized and empowered to and hereby grants the State and the third (tarty provider the right and license to reproduce and display within the system PRIDE's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by PRIDE under the agreement. 23. IN WITNESS THEREOF, the Parties hereto have caused the Agreement, including any referenced attachments, to be executed by their undersigned officials and each person is duly authorized to bind the respective Party to the Agreement. The Agreement is not valid until signed and dated by both Parties. STATE OF FLORIDA M -of �0 By: Eiin Rock, Deputy Secretary, Business Operations Date: Z - // - t& PRIDE Enterprises Agreement: 94131608-16-P FaTlMrflol Ci 21 *1 M "I I a a FIVA I kv 111410101 1 M-1 0011 0 1310 1 of CA W 11.4 R111 KIM 112� By: ............................... ..... ... Ja,W d on, t Date: 47— Pq9g6(64 of 224 Of Of Of Of Of Of 'IT N 4- 0 LO LO ¢ 2 n � N N 4- 0 LO N O1 6.C. CONSENTAGENDA 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on March 16, 2016. EXPLANATION OF REQUEST. The City Commission met on March 15, 2016 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Minutes REVIEWERS: Department City Clerk Reviewer Pyle, Judith Description Minutes 6-16-16 Action Approved Date 6/25/2016 - 4:46 PM Page 57 of 224 0 • U40 g,•%NW4601 WDIM 011 Gerald "Jerry" Taylor, Mayor Joseph Casello, Vice Mayor Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner ABSENT: David T. Merker, Commissioner A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Invocation Commissioner McCray gave the invocation. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim City Clerk Pledge of Allegiance to the Flag led by Commissioner McCray Commissioner McCray led the Pledge of Allegiance to the Flag. Interim City Clerk Pyle called the roll. A quorum was present. Swearing in of Commissioner District I - Justin Katz The oath of office was administered to Justin Katz as Commissioner of District I by Interim City Clerk Pyle. Commissioner Katz commented he is a teacher for the Palm Beach County School District and has taught Government and Economics for 10 years. It is a privilege and honor to represent the citizens of Boynton Beach and he would do his best. He thanked his supporters, friends and family and a true friend whose guidance helped get him to this point. He looked forward to representing the citizens and planned to do a good job. Page 58 of 224 Meeting Minutes City Commission Boynton Beach, Florida March 16, 2016 Presentation of Plaque to David T. Merker Mr. Merker was not present. City Manager Lori LaVerriere agreed to forward the plaque to him. N M*3�6 =� Additions, Deletions, Corrections There was one correction made to Item 7.13. The last sentence on the bottom should read the term of the policy is April 1, 2016 to September 30, 2018. Commissioner McCray moved to approve the agenda as amended. Vice Mayor Casello seconded the motion. Vote The motion unanimously passed. A. Informational items by Members of the City Commission Commissioner Fitzpatrick announced he lost the election and he congratulated his opponent, Christina Romelus for running a good campaign. He was unprepared for the Haitian absentee ballots and the Fire Union, He announced the City still has about a $10 million per year pension issue, or about $200,000 per week. Since he lost the election, Commissioner Fitzpatrick thought the chance the Old High School would be bulldozed doubled as would the Kids Kingdom playground. He advised he would donate his four-by-four signs to candidate Steven Grant because he believed he would be more likely to save the school. Vice Mayor Casello congratulated Interim City Clerk Judith Pyle for a smooth election. He announced he and Officer Rita Swan of the Boynton Beach Police Department will host a Smart Water Seminar between 9 a.m. and 10:30 a.m. at Fire Station No. 3, at Congress and Miner Road, for District IV communities which he listed. There will be free kits given to participants. He participated in Read Across America Day at Freedom Shores Elementary School. He attended the CRA workshop where the public provided input on development of the CRA District. He advised the workshop was well attended and well planned. Pi Page 59 of 224 Meeting Minutes City Commission Boynton Beach, Florida March 16, 2016 He attended the CRA Advisory Board meeting and looked forward to hearing their ideas. He participated in the Community Caring Center Annual Hunger Walk and 5K Run. He attended the Forum Club seminar with the City Manager regarding the US National debt. He attended the League of Cities District 11 and III Luncheon. He was proud to attend the swearing in of nine new Boynton Beach Police Officers. He attended the Gold Coast Band Concert at Boynton Beach High School and noted over 800 people attended. He referenced a Palm Beach Post article regarding the Boynton Beach High School Aerospace Science Academy and Don Scantlan, former Chair of the Financial Advisory Committee, a teacher in the program. They were contestants in a drone competition in Georgia. If they win, they would continue on to Illinois for a nationwide competition. Commissioner Katz commented he has known Commissioner Merker for a few years and he was always kind to him. He expressed anyone who endeavors to seek elected office deserves a commendation. He thought it was a shame Commissioner Merker was not present to be recognized, and he appreciated his service as a friend, resident of Boynton Beach, and District 1. Commissioner McCray thanked Commissioner Fitzpatrick for running a clean election. On Saturday, he participated in the 5K Hunger Walk and Run. He attended the Senior Health Fair at the Civic Center and noted it had a great turn out. He participated in Lets Move Boynton from City Hall to the ocean and pointed out flyers were available for those wanting to participate. He attended the League of Cities District 11 and III luncheon and thought it was good to share ideas and concerns with other officials. He attended the swearing in ceremony for the nine new police officers and one sergeant that got promoted. He thought it would be beneficial for the officers to come to City Hall to be recognized at the Commission meeting; however, Chief Katz thought it was more appropriate if they were on duty in the City protecting others. Mayor Taylor recognized and congratulated Christina Romelus who won the District III Election, When the returns are official, she will be sworn in. He thanked the voters for their support for getting him into the run off and requested they come out a second time supporting him in the run-off. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Recreation & Parks Director Wally Majors regarding the "Spring EGGstravaganza" event, which will be held at Barrier Free Park on Saturday, March 26 from 10 a.m. to 1 p.m. Wally Majors, Recreation and Parks Director, announced the Annual Spring EGGstravaganza event on March 26th at 10 a.m. at Barrier Free Park on South Congress Avenue for children under 12 . The free event is part of the Department's continuing series of events called "Play Unplugged." Food trucks, face painting and N Page 60 of 224 Meeting Minutes City Commission Boynton Beach, Florida March 16, 2016 Peter Cottontail would be on site. He invited all to attend and urged participants to come early. He expected a large crowd. 1 ia� MMMEM Mayor Taylor read a proclamation recognizing March 2016 as "Florida Bicycle Month." Mr. 'Majors accepted the award and thanked the City Commission. C. Announcement by Ron Tapper, Head Golf Professional/Golf Course Manager, of our 16th annual Play for P.I.N.K. Breast Cancer Tournament to be held on Saturday,'April 16, 2016 at the Links at Boynton Beach Golf Course. Ron Tapper, Golf Course Manager, announced the annual Play for Pink Women's Golf Tournament at the Links to raise money for the Breast Cancer Research Foundation. This was the 16th year the tournament was held with Play for Pink, which is a grass roots women's organization that creates and promotes breast cancer awareness through lifestyle sporting events. Last year, they raised over $7,200 and more than $110,000 over the last 15 years. The event will be held on Saturday, April 16th and registration is from 11 a.m. to noon. There are plenty of games and contests to raise funds. He left registration forms in the back of the Commission Chambers and pointed out single golfers would be paired up. The price is $75 per person which includes 18 holes of golf for ladies only, a box lunch, wine and cheese, and a goody bag. Additional sponsorships and contests are available. The tournament averages 90 to 110 players every year and staff acknowledges anyone playing that had breast cancer. He invited all for a fun filled afternoon of golf for a cause. Donations could be made at www.playforpink.org and he invited the Mayor and Commissioners to play. Vice Mayor Casello commended staff for the event. He had attended in the past and was amazed at the number of attendees and breast cancer survivors. D. • Election Proclamation - March 29, 2016 - Presented • Mayor Taylor. Mayor Taylor read the Proclamation requiring a run-off election on March 29, 2016, to elect the Mayor -at -Large for a three-year term expiring in March 2019. Voting is between 7 a.m. and 7 p.m. and the Proclamation and a flyer were available in the back of Commission Chambers listing the 42 polling locations. Voters could match their precinct number to the location. 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) Mayor Taylor opened the Public Audience. 4 Page 61 of 224 Meeting Minutes City Commission Boynton Beach, Florida Steven Grant, NE 3rd Avenue, thanked those who voted for him and his friends, family and clients who encouraged him to go forward. He wanted to save the Old High School, planned to keep Boynton Beach a family -friendly Intracoastal community and improve the quality of life. Suzanne Ross, Executive Director of the Schoolhouse Children's Museum, gave an updated. The beginning of 2016 had increases in visits and membership sales. Locals and seasonal visitors experienced what life was like in Boynton Beach in days gone by. Activities planned were Fabulous Fridays on the first and third of each month, featuring Jellybean Day, Rainbow Day, Teddy Bear Picnic, a Mother's Day Celebration, Chocolate Chip Cookie Day and more. Saturday, April 2nd is the Third Annual Princesses and Superheros Day when the Museum will be taken over by princesses and superheros from 10 a.m. to 2 p.m. Fictional characters and the City's real heroes: Boynton Beach Police Officers and Firefighters will be present. The Schoolhouse Museum will host its annual Schoolhouse Bash the evening of Saturday, April 23, 2016, featuring food and beverages, live music by the "Party Dogs," a silent auction with items including a ride for two on the Goodyear Blimp, tickets to Disney World, SeaWorld, Busch Gardens and Aquatica. Tickets are on sale for $75 and sponsorships are available. Dr. Piotr Blass, 113 West Tara Lakes Drive, congratulated Christina Romelus, the Mayor and the other candidates on their election bids. The heart of his campaign was the University of Boynton. He thought the 404 voters who supported his campaign would also support the University and thought whoever was elected mayor would support it as well. In his mind and heart, the University of Boynton exists and no one would demolish the Old High School. He complimented Judith Pyle, Interim City Clerk, on a fantastic job on the election. He commented election coverage by the press and the candidates' ideas were abysmal. He appealed to the press to convey what the candidates mean and stand for and he may contest this in court after the election. He thought the system should be cleaned -up, Christina Romelus, 161 SE 281h Court, greeted everyone and thanked all who voted for her and exercised their right to vote. She looked forward to being seated as a Commissioner and making Boynton Beach a wonderful place to live and be proud of and to raise children and families. She looked forward to representing the entire City and working with the Commission. No one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: M Page 62 of 224 Meeting Minutes City Commission Boynton Beach, Florida March 16, 2016 Arts Commission: 1 Reg and 1 Alt Building Board of Adjustments and Appeals: 2 Alts Education and Youth Advisory Bd.: 1 Stu NN Library Bd.: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts Veterans Advisory Commission: 2 Alts Mayor Taylor noted Commissioner Katz had two applicants for the Arts Commission. Commissioner Katz opted to table the appointment, noting it was his first meeting as a Commissioner and he wanted to review the applications. Commissioner McCray seconded the motion. Mayor Taylor noted there was an alternate appointment to the Library Board, Commissioner McCray appointed Leesha Roundtree. Vice Mayor Casello seconded the motion. LT=- 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. PROPOSED RESOLUTION NO. R16-041 - Authorize the City Manager to sign a three (3) year agreement with Health Career Institute (HCl) of West Palm Beach, FL to provide a continuation of our Fire Rescue Department as a field training site for paramedic and EMT programs for City of Boynton Beach Fire Department. X Page 63 of 224 Meeting Minutes City Commission Boynton Beach, Florida March 16, 2016 B. PROPOSED RESOLUTION NO. R16-043 - Approve the traffic enforcement agreement between Fosters Mill Homeowner Association and the City of Boynton Beach. C. PROPOSED RESOLUTION NO. R16-044 - Authorize the purchase of the ATACRAIDS predictive policing software from LexisNexis of Highlands Ranch, CO as a sole source purchase for an initial first year cost of $21,900 to be paid from the Federal Forfeiture account and authorize the City Manager to sign the agreement. D. PROPOSED RESOLUTION NO. R16-045 - Approve and authorize the City Manager to sign an Agreement with Government Services Group, Inc. to assist the City of Boynton Beach to continue the Fire Assessment Program for the FY 2016-2017 budget with the scope of professional services and specialized assistance in the amount of $17,500. E. PROPOSED RESOLUTION NO. R16-046 - Approve and authorize the City Manager to sign an Agreement with Florida Atlantic University Board of Trustees, on behalf of The John Scott Dailey Florida Institute of Government at Florida Atlantic University of Boca Raton, FL to review and update the City's Strategic Plan in the amount of $15,000. F. Authorize the purchase of Tactical Medicine kits from Tactical Products Group of Boynton Beach, FL in the amount of $20,520.00 to be paid from Federal Forfeiture Funds in accordance with Florida Statute 932.077(5)(a). G. Approve and adopt the City of Boynton Beach ADA Self Evaluation and Transition Plan for Access to Programs, Services and Activities. H. Accept the resignations of Jeannie Taylor and Laurie Sulzer , regular members of the Library Board. I. Award the Bid for a "Trailer Mounted 4 Ton Asphalt Hot Patcher", Bid No. 023-2821-16/JMA to Spaulding Mfg., Inc. of Saginaw, MI for the lowest submitted bid amount of $24,850. J. Accept the resignation of Alice Robinson, a recently appointed alternate on the Education and Youth Advisory Board. K. Approve funding in an amount not to exceed $12,000 for a Rent Reimbursement Grant to Sign -A -Rama, 3487 High Ridge Road, Boynton Beach, Florida, 33426. L. Accept the written report to the Commission for purchases over $10,000 for the month of February 2016. 7 Page 64 of 224 Meeting Minutes City Commission Boynton Beach, Florida March 16, 2016 M. Approve the minutes from the Regular City Commission meeting held on March 1, 2016. N. Approve the request of Mayor Taylor to distribute $1,000 of Community Support Funds to the GBDC Entrepreneurship Institute, a Non-profit 501(c)(3) organization. A. Approve emergency expenditures related to cleaning and remediation of Fire Stations #1 and #3 in the amount of $221,566.69 payable to Belfor USA Group, Inc. Motion Commissioner McCray moved to approve, Vice Mayor Casello seconded the motion. Vice Mayor Casello thanked staff for expediting the issue. He asked what was being done to ensure this type of incident would not reoccur. Greg Hoggatt, Interim Fire Chief, responded staff will conduct annual inspections of all fire stations. Station Captains will monitor cleanliness and housekeeping and be proactive from the ceilings down, issuing work orders for any problems. He explained they have Standard Operating Guidelines on cleanliness which is being reviewed and staff will take a more active approach to ensure firefighters treat the stations as their home. Air conditioners will have an in-depth cleaning twice a year. Commissioner McCray asked if the Standard Operating Guidelines were previously in place and learned they were. Chief Hoggatt explained many of the issues discovered were outside of the normal areas, and they did not have the semi-annual cleaning from a professional company. Tim McPherson, Human Resource and Risk Manager, explained the matter and how employees were affected. The motion unanimously passed. B.: PROPOSED RESOLUTIONS NO. R16-042 - Approve the Property and Casualty. Insurance, General Liability and Automobile Liability Insurance, and Workers' Compensation Insurance Program Renewals for an annual of $909,450 (per year) for two years, and authorize the City Manager to sign all required documents for the term of the policy (April 1, 2016 - March 31, 2018). Mayor Taylor presented the item. LV Page 65 of 224 Meeting Minutes City Commission Boynton Beach, Florida March 16, 2016 Commissioner McCray moved to approve. Vice Mayor Casello seconded the motion. Commissioner McCray asked how many bids were received. Julie Oldbury, Director of Human Resources and Risk Management, explained the City has two brokers under contract from a prior Request for Proposals, who were Arthur J. Gallagher and the Gehring Group. Both firms were requested to provide renewals to the City and two were received. Vice Mayor Casello noted the fees decreased. The motion unanimously passed, 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. PROPOSED ORDINANCE NO. 16-007 - FIRST READING - Approve and authorize creating Part 11, Chapter 2, Article 5, Section 2-93 of the Code of Ordinances for a Conditional Lien Encumbrance Reduction Program. James Cherof, City Attorney, read Proposed Ordinance No. 16-007 by title only on first reading. Commissioner McCray moved to approve. Vice Mayor Casello seconded the motion. Mayor Taylor opened the Public Hearing. No one came forward. Attorney Cherof explained this Ordinance establishes a procedure that is an addition to, and as an alternative to the lien reduction procedure that is available when there are Code or other types of utility secured liens on property in the City. It gives someone who wants to acquire property with significant liens the opportunity to make application ahead of time and seek a reduction through a settlement agreement with the City. 9 Page 66 of 224 Meeting Minutes City Commission Boynton Beach, Florida March 16, 2016 Vote Interim City Clerk Pyle called the roll. The vote was 5-0. B. Approve request for Conditional Use associated with a request for Major Site Plan Modification approval for the demolition of the former Farm Store, and the construction of an 8,000 square foot Day Care facility and related site improvements, located at 4791 N. Congress Avenue in the C-3 (Community Commercial) zoning district. Applicant: Bradley Miller, Miller Land Planning, Inc. Mayor Taylor presented the item. Motion Commissioner Fitzpatrick moved to approve, Commissioner McCray seconded the motion. VTITT-T*�SR= Bradley Miller, Miller Land Planning, thanked staff and advised he was in agreement with all conditions of approval. Commissioner McCray asked if Mr. Miller met with the residents because the last time a project came forward, several citizens were not in favor of the project. Mr. Miller responded they had not met specifically, but at the Planning and Development Board, one resident attended and they addressed her questions. He did not think staff received comments as well. U-7-1 The motion unanimously passed. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Create "Honorary Robert E. Wells Avenue" on Martin Luther King Jr. Boulevard from Federal Highway to Seacrest Boulevard. (TABLED on 2116116) ift Page 67 of 224 Meeting Minutes City Commission Boynton Beach, Florida March 16, 2016 Commissioner McCray moved to remove from the table for discussion. Vice Mayor Casello seconded the motion, Commissioner McCray thought the request should be sent to the Historic Preservation Board for review. It had been previously indicated they would conduct more research of the area and recognize all of the people who contributed to the Heart of Boynton. The Commission would be recognizing more than one person, and the community has Heritage Park. It was important the Board does something congenial Commissioner McCray moved to send the item back to the Historic Preservation Board. Commissioner Katz seconded the motion. Commissioner McCray commented the Board could take as long as they needed before bringing their research to the Commission for review and final agreement. Vote The motion unanimously passed. Reverend Bernard Wright commented it had already been established that the street had previously been named Wells Avenue and Robert E. Wells was here before Nathaniel Boynton and Birdie Dewey arrived. He commented this has to do with the Bahamian African-American community. There had been people recognized in Heritage Park that did not contribute anything and it was Rev. Wright's family legacy. He contended Heritage Park was "trashy" and no one goes there. He objected to the delay and the matter being turned over to the Historic Resource Preservation Board. Mayor Taylor clarified no one said there was a problem with the item and it is good the Historic Preservation Board could weigh in on the matter. Rev. Wright commented the issue should have been addressed already and he did not want it to be delayed indefinitely. 13. LEGAL A. Pursuant to Section 286.011 {8), Florida Statutes, Attorney Cherof is requesting a private attorney/client session of the City Commission to discuss pending litigation in the following case: iff Page 68 of 224 Meeting Minutes City Commission Boynton Beach, Florida Cynthia L. Fitting and Joseph M. Fitting, her husband, Plaintiffs vs. City of Boynton Beach and Charles Turco, Defendants - Palm Beach County Circuit Court Case No. 50 2015 CA 003332 XXXX MB AF Attorney Cherof advised thirty minutes would be needed for the above case. B. Pursuant to Section 286.011 {8), Florida Statues, Attorney Cherof is requesting a private attorney client session of the City Commission to discuss pending litigation in the following case: Boynton Old School Partnership, LLC, Plaintiff vs. City of Boynton Beach, Defendant - Case No. 502013CA01 1391XXXXMB AH Attorney Cherof advised thirty minutes would be needed for the above case. C. Pursuant to Section 286.011(8), Florida Statutes, The City Attorney is requesting a private attorney-client session of the City Commission to discuss the following lawsuit which has been served on the City of Boynton Beach: GLADYS CANNON, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant — In the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case No. 50 -2008 -CA - 003012 Division: AB Attorney Cherof advised about 30 to 45 minutes Would be needed for the above case. The April 5th City Commission agenda should not be lengthy. Attorney Cherof suggested having the closed -door session at the conclusion of the meeting. There was consensus to meet after the City Commission meeting on April 5, 2016. D. PROPOSED ORDINANCE NO. 16 - 008 - FIRST READING - Approve the annual update to the Five -Year Capital Improvements Schedule of the Capital Improvements Element of the City's Comprehensive Plan, Attorney Cherof read Proposed Ordinance No. 16-008 by title only on first reading. Commissioner McCray moved to approve. Commissioner Katz seconded the motion that unanimously passed. Vice Mayor Casello asked if the schedule would be on the list of potential projects sent to the County regarding the one cent tax. Ms. LaVerriere responded the State requires an annual update regarding the Comprehensive Plan. The projects were a priority. Although they were unrelated to the sales tax, some projects would be on the list. 12 Page 69 of 224 Meeting Minutes City Commission Boynton .Beach, Florida March 16, 2016 Vote Interim City Clerk Pyle called the roll. The vote was 5-0. E. PROPOSED RESOLUTION NO. R16-047 - Consider acceptance of a 10' utility easement from White Rose Homes LLC., to the City for the property located at 133 W. Martin Luther King Jr., Blvd. - STRATEGIC PLAN INITIATIVE - GOAL 1 - GREAT NEIGHBORHOODS, SAFE, AFFORDABLE AND LIVABLE - ACTION ITEM 1.5 MODEL BLOCK PROGRAM Mayor Taylor presented the item. Commissioner McCray moved to approve. Vice Mayor Casello seconded the motion. Vote The motion unanimously passed. F. PROPOSED RESOLUTION NO. R16-048 - Accept Quit Claim Deed from the Boynton Beach Community Redevelopment Agency for 1204 NW 1st Street and a portion of 133 W. MLK Jr. Blvd. - STRATEGIC PLAN INITIATIVE - GOAL 1 - GREAT NEIGHBORHOODS, SAFE AFFORDABLE AND LIVABLE - ACTION ITEM 1.5 MODEL BLOCK PROGRAM Mayor Taylor presented the item. Vice Mayor Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 14. FUTURE AGENDA ITEMS A. Code Compliance Initiative - North Federal Highway - March/April 2016. B.'Workshop with City Commission and City Staff concerning zoning designations and terminology (i.e. permitted uses, conditional uses, etc) - April/May 2016 13 Page 70 of 224 Meeting Minutes City Commission Bovnton Beach, Florida Vice Mayor Casello requested a date for item B, the workshop with the City Commission and City staff. Ms. LaVerriere explained they wanted to delay the item to allow new Commissioners to become familiar with the City. She agreed to bring back a date in May. 15. ADJOURNMENT There being no further business to discuss, Mayor Taylor properly adjourned the meeting at 7:22 p.m. ATTEST Judith A. Pyle, CMC Interim City Clerk Catherine Cherry Minutes Specialist iiE [a] 11 WKS] 2 000Y4 0 11 Cork 1111:11 WXAW Mayor - Steven B. Grant Commissioner - Justin Katz Commissioner - Mack McCray Commissioner - Christina Romelus Commissioner - Joe Casello Page 71 of 224 6.D. CONSENTAGENDA 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: Accept the resignation of Jeanne Taylor, a regular member of the Library Board. EXPLANATION OF REQUEST. Ms. Jeanne Taylor has submitted her resignation from the Library Board. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be a vacancy of the Library Board. FISCAL IMPACT. Non -budgeted There will be no fiscal impact as the Library Board is a volunteer position. ALTERNATIVES: Do not allow the vacancy to go forward and be filled. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Other Resignation REVIEWERS: Department Reviewer Action Date City Clerk Foyle, Judith Approved 6/61/2016- 11:60 AKA Finance Howard, Tim Approved 6/61/2016- 11:56 AM City Manager LaVerriere, Lori Approved 6/61/2016 - 4:11 ISM Page 72 of 224 Pyle, Judith From: Jeannie DeeTaylo r<ysannied@belbuuthoet> Sent: Thursday, February 25,3O161O:59A&4 To; Pyle, Judith Cc Clark, Craig Subject: Jeannie Taylor resignation from Library Board Please accept this email asnny resignationfrom the Boynton Beach City Library Board. |amnnulonger able 1obeonthe board, as I have accepted employment with the city. it has been my great pleasure to serve on the Library Board for the past 11years. Jeannie Taylor Sent from my Whone Page 73 of 224 6.E. CONSENTAGENDA 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: Accept the resignation of Christina L. Romelus from the Community Redevelopment Agency Advisory Board. EXPLANATION OF REQUEST: Christina L. Romelus has resigned from the Community Redevelopment Agency Advisory Board. On March 15, 2016 Christina L. Romelus was elected to serve as a Commissioner for District II I of the City of Boynton Beach. The Oath of Office was taken on March 23, 2016. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is a vacancy on the CRAAdvisory Board. FISCAL IMPACT. Non -budgeted There will no fiscal impact. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Other REVIEWERS: Department City Clerk Description Romelus Resignation CRA Bd Reviewer Action Date Foyle, Judith Approved 3/31/2016- 11:43 AM Page 74 of 224 Finance Howard, Tim Approved 3/31/2016 - 11:56 ANA City Manager LaVerrier , Lori Approved 0/01/2016 - 4:11 PPA Page 75 of 224 Pyle, Judith From: Rome|us, Christina Sent: Thursday, March 31, 20164:289K4 To: LoVerdone,Lori Cc: Pyle, Judith Subject: Re: resignation from CRA Advisory Board Effective immediately I resign my board member position from the CRA advisory board. Christina L. Romelus On Mar 31, 2016, at 3:36 PM, LaVerriere, Lori <LaVerriereL@bbfl.us> wrote: Hi Christina: | hope you are feeling xveU.. We are finalizing the agenda and I need you to send either an email or letter to the City Clerk resigning from the CRA Advisory Board since you are now a Commissioner. That allows us to place the vacancy on this agenda tobefilled asap. Lori LaVerriere'City Manager City Manager's Office City of Boynton Beach 100 E. Boynton Beach Blvd. | Boynton Beach, Ruhda33495 o: 561'742'8010 1 f: 561'742'6011 Like us on FaCebook�� America's Gateway to the Gulfs tream Please beadvised that mnida has obroad public records low arid all car respondence mmc, via erna it rnay be Subject to disc mire. Under nv'idorecords law, emuxaddresses off, public /ecn,m.Therefore, your e-mail communication arid your e-mail Page 76 of 224 7.A. BIDS AND PURCHASES OVER $100,000 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-050 - Approve the purchase of 120 X26p "Smart Tasers" from TASER International, Inc. of Scottsdale, AZ and enter into a five (5) year purchase plan with Municipal Asset Management, Inc. of Golden, CO with yearly payments of $23,821.03 per year for a total of $119,105.15 over the five (5) year period; as a sole source purchase and authorize the City Manager to sign all required documents. EXPLANATION OF REQUEST: Staff is requesting to purchase 120 X26p "Smart Tasers" for the police department. Taser International is offering special pricing by entering into the 5 year purchase plan; a savings of $15,196.40. In addition to the special pricing Taser International is allowing a trade in discount for our current 104 Tasers @ $130.00 each totaling an additional savings of $13,520. The Department will be able to purchase 120 tasers, holsters, cartridges and battery backup for a total cost of $109,359.65, the financing is for five (5) years with an interest rate of 4.46%. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This purchase will allow the department to upgrade all current Tasers at once and increase the number of tasers from 104 to 120 which would be for officers that currently are not issued Tasers. Our current inventory of Tasers comprises of X26's, which are being phased out and as of this date are no longer being repaired or replaced. The Department has budgeted approximately $23,000 for repairs and replacements of tasers each year for the last 3 fiscal years, the annual cost under this purchase plan is $23,821.03. FISCAL IMPACT. Budgeted Funds have been included in the FY 15/16 approved budget under 001-2111-521-52-51 for taser replacements in the amount of $23,982 that can be utilized for the first annual payment. Municipal Asset Management, Inc. is the financial institution which holds the financing for Taser International. In reviewing our purchase history with Taser we have purchased $27,000 worth of Tasers in 2013, $23,000.00 in 2014, $24,000.00 in 2015 and currently the police department has budgeted $24,000.00 for this fiscal year. ALTERNATIVES: Not approve purchase plan and continue to replace tasers as needed in smaller numbers or all at one time. STRATEGIC PLAN: Page 77 of 224 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Taser International, Inc. START DATE: END DATE: CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Agreement D Sole Source Letter REVIEWERS: Description Resolution approving and authorizing the City Manager to sign the 5 year Lease Purchase Agreement for 120 Smart Tasers Taser Lease Agreement Taser Sole Source Ltr Department Reviewer Action Date Police Katz, Jeff Approved 2/25/2016 - 3:05 Pl\A Finance Howard, Tim Rejected 3/1/2016 - 2:36 Pl\A Police Crawford, Suzanne Approved 3/2/2016 - 2:43 Pl\A Finance Howard, Tim Approved 3/29/2016 - 9:48 AM Legal Swanson, Lynn Approved 3/31/2016 - 3:14 Pl\A Page 78 of 224 City Manager LaVerrier , Lori Approved 3/31/2016 1/2 1 - 4:11 PPA Page 79 of 224 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER SIGN A LEASE PURCHASE AGREEMENT AND ALL OTHER REQUIRED DOCUMENTS WITH MUNICIPAL ASSET MANAGEMENT, INC. THROUGH TASER INTERNATIONAL, INC., FOR THE PURCHASE OF 120 X26P "SMART TASERS"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Police Department is in need of replacing its current X26 Tasers which are being phased out and are no longer being repaired or replaced; and WHEREAS, Taser International is offering special pricing by entering into the five (5) year purchase plan and is allowing the City a trade in discount for the 104 current Tasers; and WHEREAS, this purchase will allow the Police Department to upgrade all current Tasers at once and increase the number of tasers which would be for officers that currently are not issued tasers; and WHEREAS, staff has recommended that the City Commission approve a five (5) year Lease Purchase Agreement with Municipal Asset Management, Inc., for the purchase of 120 X26p "Smart Tasers" from TASER International, Inc., with yearly payments of $23,821.03 per year for a total of $119,105.15 over the five (5) year period. 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 CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\F161 D93F-D208-4416-B66A-736AD6D22700\Boynton Beach.3035.1.Taser_Pu rchase_and_Lease_Agreement_ =Reso.doc Page 80 of 224 30 hereof. 31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 32 authorizes and directs the City Manager to sign the five (5) year Lease Purchase Agreement and 33 any other required documents associated with the purchase with Municipal Asset Management, 34 Inc., for the purchase of 120 X26p "Smart Tasers" from TASER International, Inc., with yearly 35 payments of $23,821.03 per year for a total of $119,105.15 over the five year period, a copy of 36 said Lease Purchase Agreement is attached hereto as Exhibit "A". 37 Section 3. This Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this day of , 2016. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\F161 D93F-D208-4416-B66A-736AD6D22700\Boynton Beach.3035.1.Taser_Pu rchase_and_Lease_Agreement_ =Reso.doc Page 81 of 224 DOCUMENTATION CHECKLIST ❑ Tax -Exempt Lease Purchase Agreement * ❑ Property Schedule* ❑ Exhibit A Property Description ❑ Exhibit B Acceptance Certificate The date of Acceptance will need to be filled in with the date the equipment is installed and accepted and the box for Bank Qualification should be signed. ❑ Request for Certificate of Insurance The Insurance Certificate is required prior to funding. ❑ 8038 -GC The purpose of this form is to report to the IRS that we have completed a tax-exempt financing. ❑ Invoicing Instructions — The information you provide allows us to invoice you properly. *The items above marked with an asterisk require a signature in the presence of a witness/attestor. The attesting of the signature does not require a notary, but the signature of a person present at the time the document is signed. Page 82 of 224 Accepted by Lessor: Municipal Asset Management, Inc. 25288 Foothills Drive North Golden, CO 80401 B: Name: Paul E. Collings Title: President Date: Tax -Exempt Lease Purchase Agreement, Dated April 5, 2016 Agreed to by Lessee: City of Boynton Beach, Florida 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 B: Name: Lori LaVerriere Title: City Manager Date: AGREEMENT: Lessor hereby leases to Lessee and Lessee hereby rents from Lessor all the Property described in Property Schedule incorporated herein by reference, upon the terms and conditions set forth herein and as supplemented by the terms and conditions set forth in the Property Schedule. This Tax -Exempt Lease Purchase Agreement together with the Property Schedule shall be defined as the Agreement. LEASE TERM: The Lease Term of the Property listed in the Property Schedule shall commence upon the date of acceptance of the Property by Lessee and continue for the time period set forth in the Property Schedule. This Agreement cannot be canceled or terminated by Lessee except as expressly provided herein. This Agreement is a triple net lease. LEASE PAYMENTS: Lessee shall pay rent to Lessor for the Property in the amounts, and on the dates specified, in the Property Schedule. Lessor and Lessee intend that the obligation of Lessee to pay Lease Payments hereunder shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or monies of Lessee. NO OFFSET: SUBJECT TO THE RIGHT TO NON -APPROPRIATE, THE OBLIGATIONS OF LESSEE TO PAY THE LEASE PAYMENTS DUE UNDER THE PROPERTY SCHEDULE AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED IN THIS AGREEMENT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, ANY DEFECTS, MALFUNCTIONS, BREAKDOWNS OR INFIRMITIES IN THE PROPERTY OR ANY ACCIDENT, CONDEMNATION OR UNFORESEEN CIRCUMSTANCES. THIS PROVISION SHALL NOT LIMIT LESSEE'S RIGHTS OR ACTIONS AGAINST ANY VENDOR. Lessee shall pay when due all taxes and governmental charges assessed or levied against or with respect to the Property. LATE CHARGES: Any unpaid Lease Payment or other amount payable by Lessee to the Lessor hereunder, shall bear interest at the lesser of (a) the rate payable on the principal portion of the Purchase Price, plus five full percentage points per annum, or (b) the maximum rate allowed by law. MAINTENANCE OF PROPERTY: At all times during the Lease Term, Lessee shall, at Lessee's own cost and expense, maintain, preserve, and keep the Property in good working order, and condition, and from time to time make or cause to be made all necessary and proper repairs, replacements, and renewals to the Property, which shall become part of the Property. The Property is and will remain personal property. INSURANCE OF PROPERTY: All risk of loss to the Property shall be borne by the Lessee. At all times during the Lease Term, Lessee shall, at Lessee's own cost and expense, cause casualty, public liability, and property damage insurance to be carried and maintained (or shall provide Lessor with a certificate stating that adequate self-insurance has been provided) with respect to the Property, sufficient to protect the full replacement value of the Property and to protect from liability in all events for which insurance is customarily available. Lessee shall furnish to Lessor certificates evidencing such coverage throughout the Lease Term. Any insurance policy to be carried and maintained pursuant to this Agreement shall be so written or endorsed as to make losses, if any, payable to Lessee and Lessor as their respective interests may appear. All such liability insurance shall name Lessor as an additional insured. Each insurance policy carried and maintained pursuant to this Agreement shall contain a provision to the effect that the insurance company shall not cancel the policy or modify it materially or adversely to the interest of the Lessor without first giving written notice thereof to Lessor at least 30 days in advance of such change of status. QUIET ENJOYMENT AND TERMINATION OF LESSOR'S INTEREST: To secure Lessee's obligations hereunder, Lessor is granted a security interest in the Property, including substitutions, repairs, replacements and renewals, and the proceeds thereof, which is a first lien thereon. Lessee hereby authorizes Lessor to file all financing statements which Lessor deems necessary or appropriate to establish, maintain and perfect such security interest. Provided there does not exist an Event of Default as defined herein, the Lessee shall have the right of quiet enjoyment of the Property throughout the Lease Term. If Lessee shall have performed all of its obligations and no default shall have occurred and be continuing under this Agreement, and this Agreement shall not have been earlier terminated with respect to the Property, then, at the end of the Lease Term with respect to any item of Property, Lessor's interest in such Property shall terminate. Unless otherwise required by law, title to the Property shall be in the name of Lessee, subject to Lessor's interest hereunder. TAX EXEMPTION: The parties contemplate that interest payable under this Agreement will be excluded from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"). The tax-exempt status of this Agreement provides the inducement for the Lessor to offer financing at the interest rate set forth herein. Therefore, should this Agreement be deemed by any taxing authority not to be exempt from taxation, Lessee agrees that the interest rate shall be adjusted, as of the date of loss of tax exemption, to an interest rate calculated to provide Lessor or its assignee an after tax yield equivalent to the tax exempt rate and Lessor shall notify Lessee of the taxable rate. Provided, however, that the provision of the preceding sentence shall apply only upon a final determination that the interest payments are not excludable from gross income under Section 103(a) of the Code, and shall not apply if the determination is based upon the individual tax circumstances of the Lessor, or a finding that the party seeking to exclude such payments from gross income is not the owner and holder of the obligation under the Code. REPRESENTATIONS AND WARRANTIES OF LESSEE: Lessee hereby represents and warrants to Lessor that: (a) Lessee is a State, possession of the United States, the District of Columbia, or political subdivision thereof as defined in Section 103 of the Code and Treasury Regulations and Rulings related thereto. If Lessee is incorporated, it is duly organized and existing under the Constitution and laws of its jurisdiction of incorporation and will do or cause to be done all things necessary to preserve and keep such organization and existence in full force and effect. (b) Lessee has been duly authorized by the Constitution and laws of the applicable jurisdiction and by a resolution of its governing body (which resolution, if requested by Lessor, is attached hereto), to execute and deliver this Agreement and to carry out its obligations hereunder. (c) All legal requirements have been met, and procedures have been followed, including public bidding, in order to ensure the enforceability of this Agreement. (d) The Property will be used by Lessee only for essential governmental or proprietary functions of Lessee consistent with the scope of Lessee's authority and will not be used in a trade or business of any person or entity, by the federal government or for any personal, family or household use. Lessee's need for the Property is not expected to diminish during the term of the Agreement. (e) Lessee has funds available to pay Lease Payments until the end of its current appropriation period, and it intends to request Page 83 of 224 funds to make Lease Payments in each appropriation period, from now until the end of the term of this Agreement. (f) The Lessee shall comply at all times with all applicable requirements of the Code, including but not limited to the registration and reporting requirements of Section 149, to maintain the federal tax-exempt status of the Agreement. The Lessee shall maintain a system with respect to this Agreement, which tracks the name, and ownership interest of each assignee who has both the responsibility for administration of, and ownership interest in this Agreement. (g) Lessee's exact legal name is as set forth on the first page of this Agreement. Lessee will not change its legal name in any respect without giving thirty (30) days prior written notice to Lessor. INDEMNIFICATION OF LESSOR: To the extent permitted by law, Lessee shall indemnify and save Lessor harmless from and against all claims, losses, costs, expenses, liability and damages, including legal fees and expenses, arising out of (a) the use, maintenance, condition or management of, the Property by Lessee, (b) any breach or default on the part of Lessee in the performance of any of its obligations under this Agreement or any other agreement made and entered in connection with the lease of the Property, (c) any act of negligence of Lessee, or its successors or assigns, or any of its agents, contractors, servants, employees, or licensees with respect to the Property, (d) the acquisition, delivery, and acceptance of the Property, (e) the actions of any other party including, but not limited to, the ownership, operation, or use of the Property by Lessee, or (f) Lessor's exercise and performance of its powers and duties hereunder. No indemnification will be made for negligence or breach of duty under this Agreement by Lessor, its directors, officers, agents, employees, successors, or assignees. Lessee's obligations under this Section shall remain valid and binding notwithstanding termination or assignment of this Agreement. NON -APPROPRIATION: If sufficient funds are not appropriated to make Lease Payments under this Agreement, this Agreement shall terminate and Lessee shall not be obligated to make Lease Payments under this Agreement beyond the then current fiscal year for which funds have been appropriated. Upon such an event, Lessee shall, no later than the end of the fiscal year for which Lease Payments have been appropriated, deliver possession of the Property to Lessor. If Lessee fails to deliver possession of the Property to Lessor, the termination shall nevertheless be effective but Lessee shall be responsible for the payment of damages in an amount equal to the portion of Lease Payments thereafter coming due that is attributable to the number of days after the termination during which the Lessee fails to deliver possession and for any other loss suffered by Lessor as a result of Lessee's failure to deliver possession as required. Lessee shall notify Lessor in writing within seven (7) days after the failure of the Lessee to appropriate funds sufficient for the payment of the Lease Payments, but failure to provide such notice shall not operate to extend the Lease Term or result in any liability to Lessee. ASSIGNMENT BY LESSEE: Without Lessor's prior written consent, Lessee may not, by operation of law or otherwise, assign, transfer, pledge, hypothecate or otherwise dispose of the Property, this Agreement or any interest therein. ASSIGNMENT BY LESSOR: Lessor may assign, sell or encumber all or any part of this Agreement, the Lease Payments and any other rights or interests of Lessor hereunder. Such assignees may include trust agents for the benefit of holders of certificates of participation. EVENTS OF DEFAULT: Lessee shall be in default under this Agreement upon the occurrence of any of the following events or conditions ("Events of Default"), unless such Event of Default shall have been specifically waived by Lessor in writing: (a) Default by Lessee in payment of any Lease Payment or any other indebtedness or obligation now or hereafter owed by Lessee to Lessor under this Agreement or in the performance of any obligation, covenant or liability contained in this Agreement and the continuance of such default for ten (10) consecutive days after written notice thereof by Lessor to Lessee, or (b) any warranty, representation or statement made or furnished to Lessor by or on behalf of Lessee proves to have been false in any material respect when made or furnished, or (c) actual or attempted sale, lease or encumbrance of any of the Property, or the making of any levy, seizure or attachment thereof or thereon, or (d) dissolution, termination of existence, discontinuance of the Lessee, insolvency, business failure, failure to pay debts as they mature, or appointment of a receiver of any part of the property of, or assignment for the benefit of creditors by the Lessee, or the commencement of any proceedings under any bankruptcy, reorganization or arrangement laws by or against the Lessee. REMEDIES OF LESSOR: Upon the occurrence of any Event of Default and at any time thereafter, Lessor may, without any further notice, exercise one or more of the following remedies as Lessor in its sole discretion shall elect: (a) terminate the Agreement and all of Lessee's rights hereunder as to any or all items of Property; (b) proceed by appropriate court action to personally, or by its agents, take possession from Lessee of any or all items of Property wherever found and for this purpose enter upon Lessee's premises where any item of Property is located and remove such item of Property free from all claims of any nature whatsoever by Lessee and Lessor may thereafter dispose of the Property; provided, however, that any proceeds from the disposition of the Property in excess of the sum required to (i) pay to Lessor an amount equal to the total unpaid principal component of Lease Payments under the Property Schedule, including principal component not otherwise due until future fiscal years, (ii) pay any other amounts then due under the Property Schedule and this Agreement, and (iii) pay Lessor's costs and expenses associated with the disposition of the Property and the Event of Default (including attorneys fees), shall be paid to Lessee or such other creditor of Lessee as may be entitled thereto, and further provided that no deficiency shall be allowed against Lessee; (c) proceed by appropriate court action or actions to enforce performance by Lessee of its obligations hereunder or to recover damages for the breach hereof or pursue any other remedy available to Lessor at law or in equity or otherwise; (d) declare all unpaid Lease Payments and other sums payable hereunder during the current fiscal year of the Lease Term to be immediately due and payable without any presentment, demand or protest and / or take any and all actions to which Lessor shall be entitled under applicable law. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any right or remedy herein or at law or in equity or otherwise provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. Lessee agrees to pay to Lessor or reimburse Lessor for, in addition to all other amounts due hereunder, all of Lessor's costs of collection, including reasonable attorney fees, whether or not suit or action is filed thereon. Lessee and Lessor hereby irrevocably waive all right to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this Agreement. NOTICES: All notices, and other communications provided for herein shall be deemed given when delivered or mailed by certified mail, postage prepaid, addressed to Lessor or Lessee at their respective addresses set forth herein or such other addresses as either of the parties hereto may designate in writing to the other from time to time for such purpose. AMENDMENTS AND WAIVERS: This Agreement and the Property Schedule executed by Lessor and Lessee constitute the entire agreement between Lessor and Lessee with respect to the Property and this Agreement may not be amended except in writing signed by both parties. CONSTRUCTION: This Agreement shall be governed by and construed in accordance with the laws of the Lessee's State. Titles of sections of this Agreement are for convenience only and shall not define or limit the terms or provisions hereof. Time is of the essence under this Agreement. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. This Agreement may be simultaneously executed in counterparts, each shall be an original with all being the same instrument. Certification by Lessee's counsel: The foregoing Tax -Exempt Lease Purchase Agreement has been duly authorized and executed and is legal, valid and binding. Attorney For Lessee Firm Page 84 of 224 Addendum to Tax -Exempt Lease Purchase Agreement Florida Counties, Municipalities and School Districts THIS ADDENDUM, which is entered into as of April 5, 2016 between Municipal Asset Management, Inc. ("Lessor") and City of Boynton Beach, Florida ("Lessee"), is intended to modify and supplement the Tax -Exempt Lease Purchase Agreement between Lessor and Lessee of even date herewith (the "Agreement"). Capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement. The Agreement is hereby amended as set forth below whether the Lessee is a county, municipality or school district: A. The section entitled "LEASE PAYMENTS" is amended by the addition of the following to the end of said section: "Lessor acknowledges that in no event may it compel the use of ad valorem taxing power to compel Lessee to pay Rental Payments or other payment obligations under this Agreement. B. The Section entitled "QUIET ENJOYMENT AND TERMINATION OF LESSOR'S INTEREST" is amended to read as follows: QUIET ENJOYMENT AND TERMINATION OF LESSOR'S INTEREST: The Lessee shall have the right of quiet enjoyment of the Property throughout the Lease Term. If Lessee shall have performed all of its obligations and no default shall have occurred and be continuing under this Lease, and this Lease shall not have been earlier terminated with respect to the Property, then, at the end of the Lease Term with respect to any item of Property, Lessor's interest in such Property shall terminate. Unless otherwise required by law, title to the Property shall be in the name of Lessee, subject to Lessor's interest hereunder. C. The section entitled "REMEDIES OF LESSOR" is amended to read as follows: REMEDIES OF LESSOR: Upon the occurrence of any Event of Default and at any time thereafter, Lessor may, without any further notice, exercise one or more of the following remedies as Lessor in its sole discretion shall elect: (a) terminate the Agreement and all of Lessee's rights hereunder as to any or all items of Property; (b) require Lessee, at Lessee's expense, to promptly return any or all of the Property to the possession of Lessor at such place within the United States as Lessor shall specify, and Lessor may thereafter dispose of the Property; provided, however, that any proceeds from the disposition of the property in excess of the sum required to (i) pay to Lessor an amount equal to the total unpaid principal component of Rental Payments under the Property Schedule, including principal component not otherwise due until future fiscal years, (ii) pay any other amounts then due under the Property Schedule, and (iii) pay Lessor's costs and expenses associated with the disposition of the Property (including attorneys fees), shall be paid to Lessee or such other creditor of Lessee as may be entitled thereto, and further provided that no deficiency shall be allowed against Lessee; (c) proceed by appropriate court action or actions to enforce performance by Lessee of its obligations hereunder or to recover damages for the breach hereof or pursue any other remedy available to Lessor at law or in equity or otherwise; (d) declare all unpaid Lease Payments and other sums payable hereunder during the current fiscal year of the Lease Term to be immediately due and payable without any presentment, demand or protest and/or take any and all actions to which Lessor shall be entitled under applicable law. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any right or remedy herein or at law or in equity or otherwise provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. Lessee agrees to pay to Lessor or reimburse Lessor for, in addition to all other amounts due hereunder, all of Lessor's costs of collection, including reasonable attorney fees, whether or not suit or action is filed thereon. Lessee and Lessor hereby irrevocably waive all right to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this Agreement. Following an Event of Default or a Non -Appropriation hereunder and upon failure of Lessee to voluntarily comply with the requirements hereunder to return possession to Lessor, Lessor may take any action, at law, that is permitted by applicable law and that may appear necessary or desirable to enforce or to protect any of its rights under the Property Schedule and this Agreement against Lessee's legally available funds. Lessor and Lessee agree that there is no intention to create under this Agreement and the applicable Property Schedules a right of Lessor to dispossess Lessee involuntarily of the legal title to or the right of use of the Property. Lessor hereby irrevocably waives any right to specific performance of Lessee's covenant to transfer legal title to and return of possession of the Property to Lessor. The Agreement is further hereby amended as set forth below depending whether the Lessee is a county, municipality or school district: Additional terms applicable to counties: A. If the term of the Property Schedule under the Agreement exceeds 5 years, Lessee further represents and covenants that the Rental Payments are payable from sources other than ad valorem taxes. B. Lessee further represents, covenants and warrants with respect to the Property Schedule that it has been, or will be prior to its effective date, approved by the governing board of Lessee. II. Additional terms applicable to municipalities: A. Lessee represents, covenants and warrants that the charter of the Lessee permits the lease/purchasing of the Property under the Agreement. III. Additional terms applicable to school districts: A. The opinion of counsel in substantially the form attached to the form of the Property Schedule as Exhibit 2 shall be provided by a law firm listed in The Bond Buyer's Municipal Marketplace (the "Red Book") under the Florida section of Municipal Bond Attorneys. IN WITNESS WHEREOF, Lessor and Lessee have caused this Addendum to be executed in their names by their duly authorized representatives as of the date first above written. Lessor: Municipal Asset Management, Inc. By: Name: Paul E. Collings Title: President Lessee: City of Boynton Beach, Florida By: Name: Lori LaVerriere Title: City Manager Attest: B Name: Title: Page 85 of 224 Property Schedule 1 to Tax -Exempt Lease Purchase Agreement This Property Schedule is entered into pursuant to Tax -Exempt Lease Purchase Agreement dated as of April 5, 2016 between Lessor and Lessee. 1. Interpretation. The terms and conditions of the Tax -Exempt Lease Purchase Agreement (the "Agreement') are incorporated herein. 2. Property Description. The Property subject to this Property Schedule is described in Exhibit A, attached hereto. 3. Term and Payments. Lease Term and Lease Payments are per the table below. Lessee shall have the option to prepay the Lease Payments due under this Property Schedule on any Payment Date by paying the Purchase Price shown in the table below, plus any other amounts due and owing at the time of prepayment. 4. Property Cost. The total acquisition cost of the Property is $109,359.65 0.00 109,359.65 23,821.03 1 At Close 85,538.62 23,821.03 2 5 -Apr -17 65,532.61 23,821.03 3 5 -Apr -18 44,634.33 23,821.03 4 5 -Apr -19 22,803.99 23,821.03 5 5 -Apr -20 0.00 23,821.03 0.00 23,821.03 88,545.11 3,815.02 20,006.01 67,380.44 2,922.75 20,898.28 45,580.82 1,990.69 21,830.34 23,127.21 1,017.07 22,803.99 0.00 TOTALS 119,105.15 9,745.53 109,359.65 * Purchase Price after the current lease payment has been made. IN WITNESS WHEREOF, Lessor and Lessee have caused this Property Schedule to be executed in their names by their duly authorized representatives. Lessor: Municipal Asset Management, Inc. B: Name: Paul E. Collings Title: President Lessee: City of Boynton Beach, Florida B: Name: Lori LaVerriere Title: City Manager Attest: By Name: Title: Page 86 of 224 EXHIBIT A Property Description New Tasers and Accessories: One hundred twenty (120) New Class III X26P Tasers, Handle, Yellow One hundred ten (I10) Holster, Blackhawk, Right, X26P Ten (10) Holster, Blackhawk, Left, X26P One hundred twenty (120) XPPM, Battery Packs, X26P Eighty (80) Cartridges — 25' Hybrid More fully described in the invoice(s) attached hereto and made a part hereof, including all present and future attachments, accessions, additions, substitutions and all proceeds thereof. Page 87 of 224 EXHIBIT B Certificate of Acceptance to Tax -Exempt Lease Purchase Agreement This Certificate of Acceptance is pursuant to Tax -Exempt Lease Purchase Agreement dated as of April 5, 2016 and the related Property Schedule, between Lessor and Lessee (the "Agreement'). Property Acceptance. Lessee hereby certifies and represents to Lessor that the Property referenced in the Agreement has been acquired, made, delivered, installed and accepted as of the date indicated below. Lessee has conducted such inspection and/or testing of the Property as it deems necessary and appropriate and hereby acknowledges that it accepts the Property for all purposes. Lessee will immediately begin making Lease Payments in accordance with the times and amounts specified herein. LESSOR MAKES NO (AND SHALL NOT BE DEEMED TO HAVE MADE ANY) WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR CONDITION OF, OR THE QUALITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN, THE PROPERTY, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE STATE OF TITLE THERETO OR ANY COMPONENT THEREOF, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND LESSOR HEREBY DISCLAIMS THE SAME; IT BEING UNDERSTOOD THAT THE PROPERTY IS LEASED TO LESSEE "AS IS" ON THE DATE OF THIS AGREEMENT OR THE DATE OF DELIVERY, WHICHEVER IS LATER, AND ALL SUCH RISKS, IF ANY, ARE TO BE BORNE BY LESSEE. IN WITNESS WHEREOF, Lessee has caused this Certificate of Acceptance to be executed by their duly authorized representative. Acceptance Date: Lessee: City of Boynton Beach, Florida B: Name: Lori LaVerriere Title: City Manager 2. Bank Qualification. Lessee designates this Property Schedule as a "qualified tax-exempt obligation" as defined in Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended. Lessee reasonably anticipates issuing tax-exempt obligations (excluding private activity bonds other than qualified 501(c)(3) bonds and including all tax-exempt obligations of subordinate entities of the Lessee) during the calendar year this Property Schedule was funded, in an amount not exceeding $10,000,000. Lessee: City of Boynton Beach, Florida B: Name: Lori LaVerriere Title: City Manager Page 88 of 224 Request for Certificate of Insurance (Please fill out this form and fax it to your insurance company) TO: Insurance Company: Contact Name: Telephone Number: Fax Number: FROM: Customer/Lessee Name: City of Boynton Beach, Florida Contact Name: Tim Howard, Director of Finance Telephone Number: 561-742-6310 Fax Number: 561-742-6316 City of Boynton Beach, Florida is in the process of financing certain equipment from Municipal Asset Management, Inc.. In order to facilitate this transaction, please submit a Certificate of Insurance to: Municipal Asset Management, Inc. and its Assigns 25288 Foothills Drive North Golden, CO 80401 City of Boynton Beach, Florida requests that Municipal Asset Management, Inc. be listed as: "Municipal Asset Management, Inc. and its Assigns" and named ADDITIONAL INSURED as to public liability coverage and SOLE LOSS PAYEE as to property coverage. A copy of said certificate should be forwarded to Municipal Asset Management, Inc. as described below. NOTE: Coverage is to include (1) insurance against all risks of physical loss or damage to the Equipment (including theft and collision for Equipment consisting of motor vehicles) and (2) commercial general liability insurance (including blanket contractual liability coverage and products liability coverage) for personal and bodily injury and property damage. In addition, Municipal Asset Management, Inc. is to receive 30 days' prior written notice of cancellation or material change in coverage. Please fax this completed information to: Municipal Asset Management, Inc. Attention: Documents Administration Fax Number: 303-273-9505 Phone Number: 303-273-9494 Please contact the person above if you have any questions. Thank you! Page 89 of 224 Notification of Tax Treatment Municipal Asset Management, Inc. is required to collect and remit sales/use tax in the taxing jurisdiction where your equipment will be located. In the event we do not receive a valid sales tax exemption certificate prior to the date your lease commences, you will be charged sales/use tax. Personal property tax returns will be filed as required by local law. In the event that any tax abatements or special exemptions are available on the equipment you will be leasing from us, please notify us as soon as possible and forward the related documentation to us. This will ensure that your leased equipment will be reported correctly. Please indicate below if you feel that your lease is subject to tax or whether a valid exemption exists. I agree that my lease is subject to sales/use tax. I am exempt from sales/use tax and I have attached a completed exemption certificate to Municipal Asset Management, Inc. I have previously provided a completed exemption certificate to Municipal Asset Management, Inc. which is valid for this transaction. I am exempt from state tax but subject to local tax. I have attached a completed exemption certificate. I have a valid abatement or property tax exemption (documentation attached). If applicable to the tax rates in your state, are you outside the city limits or in an unincorporated area? Additional comments: Lessee: City of Boynton Beach, Florida B: Name: Lori LaVerriere Title: City Manager Page 90 of 224 INVOICE INSTRUCTIONS (This information enables us to invoice you correctly.) City of Boynton Beach, Florida BILL TO ADDRESS: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 BILLING CONTACT: First, M.I. and Last Name: Tim Howard Title: Director of Finance Phone Number: 561-742-6310 Fax Number: 561-742-6316 E -Mail Address: howardt@bbfl.us PURCHASE ORDER NUMBER: Invoices require purchase order numbers: YES NO Purchase Order Number: FEDERAL TAX ID NUMBER: 59-6000282 EQUIPMENT LOCATION (If different from Billing Address): ADDITIONAL INFORMATION NEEDED ON INVOICE: Page 91 of 224 MUNICIPAL AsSET MANAGEMENT, INC. 25288 FOOTHILLS DRIVE NORTH GOLDEN, CO 80401 PHONE: 303-273-9494 FAX: 303-273-9505 EMAIL: PECOLLINGS@MAMGT.COM To: City of Boynton Beach, Florida Attn: Tim Howard 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 TERMS Due at closing DESCRIPTION I AMOUNT First payment for Tax Exempt Lease/Purchase Agreement dated $23,821.03 April 5, 2016 between Municipal Asset Management, Inc. as Lessor and the City of Boynton Beach as Lessee Ala W A"A LILei INVOICE NO: 02172016M2 DATE: April 5, 2016 TOTAL DUE $23,821.03 Please make check payable to Municipal Asset Management, Inc. and mail it to the following address: 25288 Foothills Drive North Golden, CO 80401 IF YOU HAVE ANY QUESTIONS CONCERNING THIS INVOICE, CALL: MUNICIPAL ASSET MANAGEMENT, PAUL COLLINGS, 303-273-9494 THANK YOU FOR YOUR BUSINESS! Page 92 of 224 Form 8038-G Information Return for Tax -Exempt Governmental Obligations (Rev. September 2011) ► Under Internal Revenue Code section 149(e) OMB No. 1545-0720 0 -See separate instructions. Department of the Treasury Internal Revenue Service Caution: If the issue price is under $100,000, use Form 8038 -GC. ■0Tii■ Reporting Authoritv If Amended Return. check here ► 1 1 1 Issuer's name 2 Issuer's employer identification number (EIN) City of Boynton Beach, Florida 59-6000282 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 5 Report number (For IRS Use Only) 100 E. Boynton Beach Blvd. 18 131 1 6 City, town, or post office, state, and ZIP code 7 Date of issue Boynton Beach, FL 33435 LjMLJ 8 Name of issue 9 CUSIP number 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see 10b Telephone number of officer or other instructions) employee shown on 10a MTiilll TVDe of Issue (enter the issue price). See the instructions and attach schedule. 11 12 13 14 15 16 17 18 Education . . . . . . . . . . . . . . . . . . . . . . . . Health and hospital . . . . . . . . . . . . . . . . . . . . Transportation . . . . . . . . . . . . . . . . . . . . . . Public safety . . . . . . . . . . . . . . . . . . . . . . . Environment (including sewage bonds) . . . . . . . . . . . . . . Housing . . . . . . . . . . . . . . . . . . . . . . . . Utilities . . . . . . . . . . . . . . . . . . . . . . . . Other. Describe ► . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 13 14 15 16 17 18 19 20 If obligations are TANs or RANs, check only box 19a . . . . . . . . . If obligations are BANs, check only box 19b . . . . . . . . . . . . If obligations are in the form of a lease or installment sale, check box . . . . . . . . ► ❑ . . . . ► ❑ . . . . ► ❑ LjMLJ Description of Obligations. Complete for the entire issue for which this form is being filed. 30 (a) Final maturity date (b) Issue price (c) Stated redemption at maturity (d) Weightedprice average maturity (e) Yield 21 31 32 33 34 ears % Page 93 of 224 Uses of Proceeds of Bond Issue (including underwriters' discount) 22 23 24 25 26 27 28 29 30 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . Issue price of entire issue (enter amount from line 21, column (b)) . . . . . Proceeds used for bond issuance costs (including underwriters' discount) . . 24 Proceeds used for credit enhancement . . . . . . . . . . . . 25 Proceeds allocated to reasonably required reserve or replacement fund '26 Proceeds used to currently refund prior issues . . . . . . . . . 27 Proceeds used to advance refund prior issues . . . . . . . . . 28 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . . Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . . 22 23 29 30 Description of Refunded Bonds. Complete this part only for refunding bonds. 31 32 33 34 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . . ► Enter the remaining weighted average maturity of the bonds to be advance refunded . . . . ► Enter the last date on which the refunded bonds will be called (MM/DD/YYYY) . . . . . . ► Enter the date(s) the refunded bonds were issued ► (MM/DD/YYYY) years years For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S Form 8038-G (Rev. 9-2011) Page 93 of 224 Form 8038-G (Rev. 9-2011) Page 2 LiUAU Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC) (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . 36a b Enter the final maturity date of the GIC 10- c C Enter the name of the GIC provider 10- 37 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . 37 38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑ and enter the following information: b Enter the date of the master pool obligation 10- c C Enter the EIN of the issuer of the master pool obligation Po- d d Enter the name of the issuer of the master pool obligation 10- 39 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box . . . . ► ❑ 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . . ► ❑ 41a If the issuer has identified a hedge, check here ► ❑ and enter the following information: b Name of hedge provider 10- C c Type of hedge Po- d d Term of hedge 10- 42 42 If the issuer has superintegrated the hedge, check box . . . . . . . . . . . . . . . . . . . . . ► ❑ 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box . . . . . . . . ► ❑ 44 If the issuer has established written procedures to monitor the requirements of section 148, check box . . . . . ► ❑ 45a If some portion of the proceeds was used to reimburse expenditures, check here ► ❑ and enter the amount of reimbursement . . . . . . . . . lo- b b Enter the date the official intent was adopted 10 - Under Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge Signature and belief, they are true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return information, as necessary to and process this return, to the person that I have authorized above. Consent FSignature of issuer's authorized representative Date F Type or print name and title Paid Print/Type preparer's name Preparer's signature Date Check ❑ if PTIN Preparer self-employed Use Only Firm's name ► Firm's EIN ► Firm's address ► Phone no. Form i3 Ud-(a (Rev. 9-2011) Page 94 of 224 17800 N. 85th St., Scottsdale, Arizona 85255 * 480-991-0797 ' Fax 480-991-0791 ' www.TASER-com January 4, 2016 To: United States state, local and municipal law enforcement agencies Re: Sole Manufacturer Letter for TASER International, Inc.'s Conducted Electrical Weapons, on -Officer Cameras, and Evidencecom Data Management Solutions TASER International, Inc. (TASER), is the sole manufacturer for TASER brand conducted electrical weapons (CEWs) and Axon brand products. TASER is also the sole distributor of all Axon brand products in the USA and the sole distributor of all TASER brand products in the States of AR, CT, DE, FL, GA, HI, IA, IL, IN, KS, LA, MA, MD, ME, MN, MO, MS, NC, ND, NE, NH, NJ, NY, OK, OR, PA, RI, SC, SD, TX, VA, VI, VT, WI, WV, and the District of Columbia. TASER is also the sole developer and offeror of the Evidence.com data management services.' TASER CEW Descriptions X2 CEW • Multiple -shot CEW • High efficiency flashlight • Static dual LASERs (used for target acquisition) • ARC switch enables drive -stun with or without a Smart Cartridge installed • Central Information Display (CID): Displays mission -critical data such as remaining battery energy, burst time, operating mode, and user menu to change settings and view data on a yellow -on -black display • The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Evidence.com services. • Real-time clock with back-up battery • Onboard self-diagnostic and system status monitoring and reporting • Ambidextrous safety switch • Capable of audio/video recording with optional TASER CAM HD recorder • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with an APPM or TASER CAM HD AS). The CEW cycle can be stopped by placing the safety switch in the down (SAFE) position. • Compatible with TASER Smart cartridges only X26P CEW • High efficiency flashlight • Red LASER (used for target acquisition) • Central Information Display (CID): Displays data such as calculated remaining energy, burst time, and notifications • The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Evidence.com services. • Real• -time clock with back-up battery • Onboard self-diagnostic and system status monitoring and reporting • Ambidextrous safety switch I Evidence.com is both a division of TASER and a data management product solution offered by TASER. Evidence.com is not a separate corporate entity. Page 95 of 224 * Capable of audio/video recording with optional TASER CAM HD recorder * The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle(except when used with an APPM or TASER CAM HD AS), The CEW cycle can be stopped by placing the safety switch in the down (SAFE) position. * Compatible with TASER standard series cartridges Axon Signal Performance Power Magazine (SPPM) 0 Battery pack for the X2 and X26P conducted electrical weapons a Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal: technology transitions from the BUFFERING to EVENT mode. ;1IM11 11111 11111 i 1. Conducted Electrical Weapons (CEWs): • TASER X2 Models: 22002 and 22003 • TASER X26P Models: 11002 and 11003 2. Optional Extended Warranties for CEWs: • X2 - 4 -year extended warranty, item number 22014 • X26P - 2 -year extended warranty, item number 11008 • X26P - 4 -year extended warranty, item number 11004 3. TASER standard cartridges (compatible with the X26P; required for this CEW to function in the probe deployment mode): 0 15 -foot Model: 34200 0 21 -foot Model: 44200 0 21 -foot non-conductive Model: 44205 a 25 -foot Model: 44203 a 35 -foot Model: 44206 4. TASER Smart Cartridges (compatible with the X2; required for this CEW to function in the probe deployment mode): • 15 -foot Model: 22150 • 25 -foot Model: 22151 • 25 -foot inert simulation Model: 22155 • 25 -foot non-conductive Model: 22157 • 35 -foot Model: 22152 • Inert Smart Cartridge Model: 22153 5. TASER CAM HD recorder Model: 26810 (full HD video and audio) and TASER CAM HD with AS (automatic shut -down feature) Model: 26820. The TASER CAM HD is compatible with both the X26P and X2 CEWs. • TASER CAM HD replacement battery Model: 26764 • TASER CAM HD Download Kit Model: 26762 • TASER CAM HD optional 4 -year extended warranty, item number 26763 6. Power Modules (Battery Packs) for X26P and X2 CEWs: • Performance Power Magazine (PPM) Model: 22010 • Tactical Performance Power Magazine (TPPM) Model: 22012 • Automatic Shut -Down Performance Power Magazine (APPM) Modek 22011 • eXtended Performance Power Magazine (XPPM) Model: 11010 • eXtended Automatic Shut -Down Performance Power Magazine (XAPPM) Model: 11015 • Axon Signal Performance Power Magazine (SPPM) Model: 70116 7. TASER Dataport Download Kits: Page 96 of 224 • Dataport Download Kit for the X2 and X26P Model: 22013 8. TASER Blast Door Repair Kit Model 44019 and TASER Blast Door Replenishment Kit Model 44023 9. Conductive Target front Model 80000 and Conductive Target back, Model 80001 10. TASER Simulation Suit Ii Model 44550 TASER Digital Evidence • Description Axon Body 2 Video Camera • Video playback on mobile devices, in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than I lux • Audio tones and haptic (vibration) notification to alert user of usage • Audio mute during event option • Wi[-Fj capability • High, medium, and low quality recording available (customizable by the agency) • Up to two -minute buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available • 12+ hours of battery operation per shift (even in recording mode) • LED iights to show current battery level and operating mode • 143 -degree lens • Includes Axon Signal technology Axon Fleet Camera • In -car camera with the technological advantages of the Axon Body 2 camera • Flexible mount that enables pointing the camera in multiple directions • Automatic transition from buffering to event mode in an emergency vehicle equipped with the Axon Signal Unit Axon Signal Unit (ASU) • Communications device that can be installed in emergency vehicles. • With emergency vehicle light bar activation, or other activation triggers, the Axon Signal Unit sends a signal. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Interview Solution • High-definition cameras and microphones for interview rooms • Covert or overt camera installations • Touch -screen user interface • Motion -based activation • Up to seven -minute pre- and post -event buffering period • Upload to Evidence.com services Axon Flex Camera (DVR) • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones to alert user of usage • High, medium, and low quality recording available (customizable by the agency) • 30 -second buffering period to record footage before pressing record button • Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available Axon Flex Controller • 12+ hours of battery operation per shift (even in recording mode) Page 97 of 224 • LED lights to show current battery level and operating mode • Tactical beveled button design for use in pocket • Available with Axon Signal technology Axon Body Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones to alert user of usage • High, medium, and low quality recording available (customizable by the agency) • 30 -second buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Tactical beveled button design for use in pocket • 130 -degree lens Axon Dock • Automated docking station uploads to Evidence,com services through Internet connection • No computer necessary for secure upload to Evidence.com • Charges and uploads simultaneously Axon Dock 2 • For use with the Axon Body 2 camera • Automated docking station uploads to Evidence.com services through Internet connection • No computer necessary for secure upload to Evidence.com • Charges and uploads simultaneously EvidencecornData Management System • Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share digital evidence with other agencies or prosecutors without creating copies or requiring the data to leave your agency's domain of control • Controlled access to evidence based on pre -defined roles and permissions and pre -defined individuals • Password authentication includes customizable security parameters: customizable password complexity, IP -based access restrictions, and multi -factor authentication support • Automated category -based evidence retention policies assists with efficient database management • Ability to recover deleted evidence within 7 days of deletion • Stores and supports all major digital file types:.m peg, doc, pdf, Jpeg, etc. • Requires NO proprietary file formats • Ability to upload files directly from the computer to Evidence.com via an Internet browser • Data Security: Robust Transport Layer Security (TLS) implementation for data in transit and 256 -bit AES encryption for data in storage • Security Testing: Independent security firms perform in-depth security and penetration testing • Reliability: Fault- and disaster -tolerant infrastructure in at least four redundant data centers in both the East and West regions of the United States • Chain -of -Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff • Protection: With no on-site application, critical evidence stored in Evidence.com is protected from local malware that may penetrate agency infrastructure • Stability: TASER International is a publicly traded company with stable finances and funding, reducing Page 98 of 224 concerns of loss of application support or commercial viability Application and data protected by a CJIS and ISO 27001 compliant information security program Dedicated information security department that protects Evidence.corn and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities Redact videos easily within the system, create tags, markers and clips, search seven fields in addition to five category -based fields, create cases for multiple evidence files Evidence.com for Prosecutors • All the benefits of the standard Evidence.com services • Ability to share information during the discovery process • Standard licenses available for free to prosecutors working with agencies already using Evidence.com services • Unlimited storage for data collected by Axon cameras and Evidence Mobile Axon Capture Application • Free app for IOS and Android mobile devices • Allows users to capture videos, audio recordings, and photos and upload these files to their Evidence,com account from the field • Allows adding metadata to these Nes, such as: Category, Title, Case ID, and GPS data Axon View Application • Free app for IOS and Android mobile devices • Allows user to view the camera feed from a paired Axon Body, Axon Body 2, or Axon Flex camera in real-time • Allows for playback of videos stored on a paired Axon Body Axon Body 2, or Axon Flex system • Allows adding meta -data to videos, such as: Category, Title, Case ID, and GPS data TASER Professional Services • Dedicated implementation team • Project management and deployment best practices aid • Training and train -the -trainer sessions • Integration services with other systems TASER Customer Support • Online and email -based support available 24/7 • Human phone -based support available Monday—Friday 7:00 AM -5:00 PM MST; support is located in Scottsdale, AZ, USA • Library of webinars available 24/7 • Remote -location troubleshooting Page 99 of 224 4 &A, AXON TASER Axon Brand Model Numbers 1. Axon Body 2 Camera Model: 74001 2. Axon Fleet Camera Model: 74001 3. Axon Signal Unit Model: 70112 4. Axon Body Camera Model: 73002 (Includes 73078, 73077, 73004) 5. Axon Body Camera Mounts: • Standard Alligator Clip Holster Model: 73075 • Mini Alligator Clip Holster Model: 73076 • Belt Clips Model: 73077 • Bolted Z -Bracket Holster Model: 73078 • VELCRO Z -Bracket Holster Model: 73079 • Pocket Mount Holster Model: 73089 6. Axon Body camera full solution kit Model: 73066 (includes several Axon mounts and an iPod touch mobile digital device) 7. Axon Flex Kit Model: 73030 (includes 73000, 73001, 73005, and 73004) 8. Axon Flex Controllers: • Axon Flex Controller Model: 73001 • Axon Flex Controller with Axon Signal Technology Model: 70115 9. Axon Flex USB Sync Cable/Wall Charger Model: 73004 10. Axon Flex Controller Holsters: • Standard Uniform Clip Model: 7300 • Mini Alligator Clip Model: 73035 • Belt Clips Model: 73036 11. Axon Flex Camera Mounts: • Clip for Oakley Flak Jacket Glasses Model: 73008 • Collar/Cap/Versatile Mount Model: 73009 • Epaulette Mount Model: 73011 • Helmet Mount Model: 73013 • Low -rider Headband Medium Model: 73010 • Low -rider Headband Large Model: 73058 • Baffistics. Vest Mount Model: 73059 • Ratchet Collar Mount Model: 73088 • Shoej Ratchet Helmet Mount Model: 73090 • HJC Ratchet Helmet Mount Model: 73091 12, Axon Flex Cables: • Straight To Right Angle 18" (45.7 cm) Model: 73022 • Straight To Right Angle 36" (91.4 cm) Model: 73005 • Straight To Right Angle 48" (122 cm) Model: 73023 • Straight Angle to Right Angle 36" (91.4 cm) Coiled Model: 73067 • Straight Angle to Right Angle 48" (122 cm) Coiled' Model; 73060 Page 100 of 224 13. Axon Dock Models: • Axon Dock — Individual Bay and Core for Axon Flex and Axon Body Model: 70023 • Axon Dock — 6 -Bay and Core for Axon Flex and Axon Body Model: 70026 • Core (compatible with all Individual Bays and 6 -Bays) Model: 70027 • Individual Bay for Axon Flex and Axon Body Model: 70028 • Wall Mount Bracket Assembly for Axon Flex and Axon Body Model: 70033 • Axon Dock 2 — Individual Bay and Core for Axon Body 2 Model 74009 • Axon Dock 2 — 6 -Bay and Core for Axon Body 2 Model 74008 • Individual Bay for Axon Body 2 Model: 74011 TASER Product Packages 1. Officer Safety Plan: includes a C EW, Axon camera and Dock upgrade, and Evidence. corn license and storage. See your Sales Representative for further details and Model numbers, Please contact your local TASER sales representative or call us at 1-800-978-2737 with any questions. Sincerely, Joshlsner Executive Vice President, North American Sales TASER International, Inc. Android is a trademark of Google, Inc., Bluetooth is a trademark of the Bluetooth SIG, Flak Jacket is a trademark of Oakley, Inc., Pod touch is a trademark of Apple Inc., IOS is a trademark of Cisco, Sh,,i is a trademark of Shoei Co, Ltd., VELCRO is a trademark of Velcro industries, B,V., and Wi-Fi is a trademark of the Wi-Fi Alliance. Ai, A AXON, Axon, Axon Body, Axon Body 2, Axon Capture, Axon Fleet, Axon Flex, Axon Interview, Axon Signal, Axon View, Evidence com, Smart Cartridge, Trilogy, TASER CAM, X2, X26P, TASER, and 0 are trademarks of TASER International, Inc,, some of which are registered in the US and other countries. For more information, visit www.taser,com/legal. All rights reserved. Oc 2016 TASER International, Inc. Page 101 of 224 12.A. NEW BUSINESS 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-051 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the installation and maintenance of Project Improvements as described in the Solid Waste Authority's (SWA) Blighted and Distressed Property Clean-up and Beautification Grant Program Application and funding award. EXPLANATION OF REQUEST: At the March 8, 2016 the Boynton Beach CRA approved an Interlocal Agreement with the City for Project Improvements as described in the Solid Waste Authority's (SWA) Blighted and Distressed Property Clean-up and Beautification Grant Program that the CRA applied for and was awarded. CRA staff wrote a grant for the SWA's Blighted and Distressed Property Clean-up and Beautification Grant Program in collaboration with City staff for improvements in the Heart of Boynton neighborhood. The grant activities include demolition of a building and sodding of the lot at 909 N Seacrest, painting of a perimeter wall, new fencing, irrigation and landscaping at the Public Works site and clearing and grubbing of the CRA owned block at N. E. 4th/5th Avenues. CRA was notified on February 3, 2016 that the CRA was awarded the full request of $62,300 for the three projects. The overall project is to be completed by August 31, 2016. The total cost of the 3 projects is estimated at $93,547, the SWA is providing $62,300 of funding and the CRA will provide the remaining match of $31,247. Under the SWA Grant Award, maintenance of the completed Project items as described in the application is required by the CRA and City. This ILA between the City and CRA describes the funding and maintenance responsibilities for both entities and meets the requirements of the grant conditions as outlined in the CRA's I nterlocal Agreement with the SWA. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Boynton Beach CRA believes that by utilizing the SWA Blighted and Distressed Property Clean-up and Beautification Grant funding and leveraged with CRA funds, that the implementation of the three goals of the project will directly impact the quality of life for area residents and encourage further investment into the community. The City believes that by partnering with the CRA as far as providing staff hours for this project and maintenance after completed it will be beneficial to the City with no actual cash outlay from the City. FISCAL IMPACT: The Project Cost is $93,547 with SWA providing a two-thirds funding or $62,300, the remaining one-third match or $31,247 is being funded by the CRA, the City will provide needed staff during the project and provide maintenance after the completion of the project. The City will be providing staff hours instead of actual cash outlay to complete this project. Page 102 of 224 ALTERNATIVES: Do not approve the interlocal. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Interlocal Agreement D Attachment D Attachment REVIEWERS: Department Finance Finance Legal City Manager Reviewer Action Date Howard, Tim Approved 3/28/2016 - 10:06 AM Howard, Tim Approved 3/28/2016 - 10:07 AM Swanson, Lynn Approved 3/28/2016 - 2:51 PM LaVerriere, Lori Approved 3/30/2016 - 10:19 AM Page 103 of 224 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE INSTALLATION AND MAINTENANCE OF PROJECT IMPROVEMENTS AS DESCRIBED IN THE SOLID WASTE AUTHORITY'S BLIGHTED AND DISTRESSED PROPERTY CLEAN-UP AND BEAUTIFICATION GRANT PROGRAM APPLICATION AND FUNDING AWARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the goal of the Boynton Beach Community Redevelopment Agency is to eliminate slum and blight and to facilitate reinvestment within the Community Redevelopment Area; and WHEREAS, the CRA wrote a grant for the SWA's Blighted and Distressed Property Clean-up and Beautification Grant Program and was notified on February 3, 2016 that it was awarded the full request of $62,300 for the projects; and WHEREAS, under the SWA Grant Award, maintenance of the completed project items as described in the application is required by the CRA and the City; and WHEREAS, this ILA describes the funding and maintenance responsibilities for both the City and CRA and meets the requirements of the grant conditions as outlined in the CRA's Inerlocal Agreement with the SWA; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff and the CRA Board, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\D30A83F0-334E-41DC-88B4-22355FE4DF36\Boynton Beach.3002.1.ILA With CRA For SWA Beautification Grant Program _-_Reso.Doc Page 104 of 224 27 Agency regarding the maintenance of the improvement projects as described in the SWA's 28 Blighted and Distressed Property Clean-up and Beautification Grant Program. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. Each Whereas clause set forth above is true and correct and 32 incorporated herein by this reference. 33 Section 2. The City Commission of the City of Boynton Beach, Florida does 34 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 35 Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding the 36 maintenance of the improvement projects as described in the SWA's Blighted and Distressed 37 Property Clean-up and Beautification Grant Program, a copy of said Interlocal Agreement is 38 attached hereto as Exhibit "A". 39 Section 3. That this Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this day of , 2016. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — Justin Katz YES NO Commissioner — Mack McCray Commissioner — Christina L. Romelus VOTE C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\D30A83F0-334E-41DC-88B4-22355FE4DF36\Boynton Beach.3002.1.ILA With CRA For SWA Beautification Grant Program _-_Reso.Doc Page 105 of 224 58 59 60 61 62 63 64 65 66 ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\D30A83F0-334E-41DC-88B4-22355FE4DF36\Boynton Beach.3002.1.ILA With CRA For SWA Beautification Grant Program _-_Reso.Doc Page 106 of 224 WITNESSETH: OC'MTM, 24 Page 107 of 224 WBXREA the cRA is intended to improve the qmHty of lixb for area raddews as well as fbr the dimination of slum and bli&ediRade%relopment NVEMOXM,h doh Commissionas finds the CRA's funds to be used as the reqdred locd R=cW match unda,, the. Urms of the GRANT for the Haut of Boynton N Redeveopmeat PW4 and Florida fas WEIEREAS, dtw to the � n of dwn and hh&ed conditiom, and the THEREFORE,in, considerution of the mutual oovenants and promim havin areby apm as follows: 1. The racitations set forffi mbcrve am, hweby inewpomted bardn. 2. , CRA &W b don of the awaz&A CIRAM $62,310.00 dmcnbed in the bterlocal Grant AgremwL with dw AUfHORrrY. 3. The PROJBCT oonsieft of thefollowing Vivid N. Scammd Badevud oonW= derdict structure to bo demohahed after wbich time the property will be clewed unpmved maluding the plantmg of soct The Second MY prqperty, known as the Page 108 of 224 Public Wok SitesYM be fmced and, the smxmingwiLl bo rWhtcad,the, pozimeter wall will be pointed, the iniption system will be repaired and nadve, drought-tolwant plants wiU be i , Y a, reforred tD as the Sites. B. Regulu dotmnnoe of the Sites a dewon'bed in Swdon 3A of this Agrwnent pumant. t with a 1 4. The CRA sb&U make payments to the MY upon reompt f. The CrFY OW mamtam. d=fion f ffi Upon ft WmAnalion of d2b t, dn 03ty sMI be responsibler all maintenance of the Projed am including t mt1° ito the aWhalt parldng dminage area, all landacapm& the indewalk unpmvements and an pavement mwkmZL t 1 f s wt to the nquirements of Seaffon Page 109 of 224 '140 ; * or or pmsmit R& feaments or v"ith 1mgmd to emy mi�jr pric ,!T miatter contamned within tius Agreement, ihallbe boling cm any putqv unless includt,,01. capirsely in tI& Agmement. Any moffication to this Agrement shall ba in writhw and exaMed by the pmtem 9. 7U vaay of miy portion, artiCIO, rATAgIVX PMV-11810n, C&UN, Or any pDrtiOU thamf of flus Agrement dwU have no fome and affad up= the vuhft of any othw pmt of mmmmm 10. This Agrement 9W] be Sovemed by and in accardance with dw IAws of FMda. The vemm far any action wift hom this Agrwment 9'wII be in Film Bruh Count% Flori& 11. Neither the Crn" nor the CRA aball usign or ftmsfer any rights or intamt in ffis Ar)"ran'tut. 12. This Agmement shall not be valid imfil siped by the Mayor and 1he City Clark. FN VMNESS WHEREOF, ffie CrrY and CRA hwdo hwe emmuled dus ALipwment as of dw date set fbzth above. AWaved as to Form: IV "XI21111 "'N"I'Ll I m Crff OF BOYMN BEACH, a Flonda mmnmpal mporation Em Page 110 of 224 AGRIE' NEET12"W71' BY .4',10 BETW,,Fi,,,.f N CIFY'VOF ON BKA,(."kr-,4 C A NN D SO'LID" SIET, Ar OFFIMLIM Me COUNIT (BU&Ied and Clcln,,,Ul) and Bmutificatlem Chmill), WrINESSETH.- Page 111 of 224 NVEM4 REASp 'thc A-17ifficant Nvishmm to dc ab cxis� M&W blrwtwu on mulli�le phl,pafies,in"t J.1 sod, nativa- J)Iaels, M!t am fc-mcing genl inqmveaneats ,. pshnft. and, o the "ty of BoyWton Beach (City) Public Work sita in ceder to bqrovc the, qk;L%&j-y, of 1M of," the 5, ==nhly ftlze "'Prqjce�; and WIMMUS, the AIMIWOV I is the WwcY re's'pondMIC for piwidiW, Sc wurte dispwd arid, irecyclir4 jark gr,moi is ftw Palm Bewch Cty and, deshm +.) wist, flm Ap, HrAnt by dezayjAF w g rxxt of t-Im det-wifflom disimal find haiiMg. and improv emmt aedvidw asso,,arjtr.(j with ffie Nx�,Jecl hr mag the provision of flus Ormt. N(M THEREFORE, m ccw9dmvtkm of the mu tkW icxm� mmaditims, promises, covmantm% mi obi p - as ,xdioma me. L ft& her the and A agm� fORO Incorlmrstion of Ach Me factsandbacAtwound, set flarth above in tubje Preanible to this Agreemew am and, coff ed and incorporalad into Lne. =do a pW of ffis ChImnt L parpose Tbe1w,posec thils Grant is to set' orth the rc,.q dulics, fights, rod oblilmims o OL the Pm'dus reladng W the AWhodt3es pumsion off this Gma and ft Applicant's pmrform-anw. of Pxr�jftwt 3. Contract Representatives and Nlonftorr, The Am6ority" a CA o Rclax and M al, the awu&m of -,Lsect Imall tw John, Atdhrmnlbo� Mr of CUSIOMW Bela turis, or Ws- 6-mi6mext whose telop,how mm2ber, Is (561) 697-2700. The Allmli=rs (-.',CrAb3wt, Rq3reseatative mmd Madtor dmil twe Vivian Brooms, whose teleph-mar. mumbew is (561) 60-10-906M 4. nw Projeca A. 11=rt of'Boyntrm Improvement FImo t. 1"WO pre wrataim a fjereu L saftuclum k) txm demoUsbod Omwhiah time land wM be, deawd mw;, L-2wed tbrouWh plamdng of sod, The (3tv's hiblic Work Sitz w have fisn-cing and sm m9mment paiffft (if pwimeter wdu, relmir Of ire-93f,"ImSY'Scm. and instauation Of nafive, drouWtalems, plants. gas r'g atrac B. The AppricaiAw-M provide for regalm mmdnI=m= tIr-.m4jh an exi i t widi a kindwape cantwton S., Effeefive Date and Term This Grant ahaff tak off bct upo,-,l mr&%cudw Ily the parties wd Sha mmgam in f-LIU frorwx ansa efibmt. -until February 9, 2017. Conduct of the Pripject A— 'rho Applimmit aba be soleky ml-malble for all aspe&.9 of 111c p.-oje jrx.,jjWftW, bw not Umited, to mm. - ng ftuong, Securing W1. nm ';s and k4pprovaIR, IL- au IN Page 112 of 224 ,o-aaboo4 and ur � •t"+�� 's�(:,� ,Rftn'F.xV,��G" ji�ti..!! `k 6r y p a `;� ,d �^ `{4` t ""s' � # &Pf, 0i �,, „„; a,.EX�.7,;,��. "P ,,,.�a ,h, as 7. Funding The uL%bimc Grantthe armount of $62,3 10 as d Page 113 of 224 A. The Appliumt Anfl be solely Tapp onsible fiv ull n-accass*r wgs, fbeq� ChNgea, R-nA VJI Offic: H ifl= of any type related to the execution and n3aintc=ce of the !Wlrct consir jyj& -E-he k, of ijqs, ow -t. 'Ibc. j4,-ppjjrant aWl ma&.Rhl jjv,. perpcMj fim tbe. =tire dursHon of this (Runt AMMCA-1 in ordler to prevent the INV 111 firim M -Wing bark to its juv-%qou,,s statc, k its rqppHcvdeq, Applir". 1vrnvWcd a plaa for niprtan* qr, ly ea ist � M ent 1A the kftntuf this Cmm t md Iffie Applicant wifl hffldWlyrx=Ljr, the Vm,_ C. The righb and dudes 6MM9 Umt-W lhb (kBW ShBH filum to the bawfit of and be Nnding upon ft pa herew and di r mVcc&e amewn and anigm If lhW Grant sholl' not be =*W wi�t&c: pr,.or written Wmsemt AVIJUM-ty,OW MY Such usilemment without the ',tpicm wrium msent of the Atz shaH t Founds ft temAwdonof tWc.4 or= &r cam, 9. Amess and Audit Harch pa -sty ikill nardntign aU boob, tex.-Orcla, =OVIRIft, and 1TIM-M, RLSOcilded 'Wi&� m. (kM't'f'br a peelogi o'vnOt lean - me IM RAM (A) YCMIS &4hx lhc 19m, of tht'4tc of V.,inimWon or exp mtkT, of Ns Apwsm-za Al said revards xvill Im avaj tD 1he (fig, 1pon ru, px",A In the civent Waims xre assertli on 1j, CkmMencM ,,a 01 w ,i&g oW of the pmtAnof this Agryxmcn% pgAy lipiv" that It WiIj M, aU rer-razd'J Mstimg 101 fl-&- PMcct Rnd IL-0PIDIMAY unt011 tbr. other pwy has disposed of a sucb, 2digation, appmls, claims, or vxcepticyns mir-Acd th-racto., 10. License and Permit TU Appficant hat -by grants to the AWhanty au irmvocable Home and IMMIt to gems the, r-. q wo or" Offim lrwm� o ingivs an CoW."ess to the 11topefty for the puxpose of cnniring c e 'Mth this Or= for the dinuloon of this G=W� The Pm -des each acknowhA-1ge tW good ml valu,9ble coaridnesdon &m be-aw rL Lu mainqain gurj. ;jWvj)CaKe good Lhe durWon of If tLs Gzant .11. Ingumem A- W! ffie A& to SO've-scip 1MM'W as provided p i8s 8'y,. F.S., each, pe4y aalwowleftes tilat it is wif.I.Or hm-wr'd' or sell- mr oemle Lishu B-ity and A-Wx)m0Dffc, Lwtlility ml�er FIllorldn's sov mzign immmily gwhAw with or clhL 90vr-lv-i8'm iu WRIM-f Unlib dolt nlkY Uhmp as Piet fiwffi by dw StatB LCg!Sla'-ft= at the fline of sijuch ocxv R TheApphanti, agreas to maint or -110 ba, calf-irusured for Workers" Compm—sedon & I'Arlployars' Uabily in�e in =ure=ct, with(Martar 440, 171ozidalUivatts. C. When re-cluest4, each pwt)rsWj plUVIde 1 thm, tin arMirlt or Ccdffj-cre 16, y Stat UL M Page 114 of 224 - fbreping requiremmft shWI not reHeitber p_ of its liability . d other obligations under thi t. party12. PubMe Entity Crhnes Eacb tion 7.133(2»), F .Say as amended, 'Pmtit put as, follows: Page 115 of 224 expended , fm the F q �r such. leg= eqi6valent to the value of tbr, =6&g usefid life of the Prqj@,M as det=,dued by the Auffio-rity in its sole dismation. C. Upon tamifilsdon of this G , set forth herein, boity and Appliewl agrw ,. ackmvelvige theirv-6 e legal or equitible nma&es q&rWwt the other for termmadon of this grant ue expmaly RMIted lo thow conWhed in tis Grant NobvithffMnding the foxeSpin&- agree bD. comply with andicable xtotutory dispute resolution procadmw as MVideAd Flonda lam 6. Hold Harmlessd Indemnification Page 116 of 224 craft or omissious of the offier part y. Notbing coaftimxI in this Orant shall act or constitute a Walva of dibm part7's Fjoymcip fimnumty ih exem of that wmved by the Legis Wure In Section 786.28, FS. A No Agency RelationaMp No -thing contained heivin is invended to nor shaR it creale an 4ency, rolationaMp betwem the, ,Audx)rity And tha Applicant 18. Remedlea and, Litaftations of b; fly A. Tbis Orant A" be cor.Wned by ad govenwd by the laws of the State of 1-jorid& Any and aU 1 g acdon nmuoy lo enforce 1he Agrwment iboll be, in a Court of prcqwjwiscHcdon located in Palm Bow,& Counly, Florida,, B. The Aul"horzity and, Appliewd buth acknowledge that their -rzspL%-,dve rgineffies agaimt the olher for termivadon of this 'a int as sot fbfth hmin are limited solely to those hi Gmk�-. M The Applicanf 9 zamNfiea agamt t1w AdMonty shWI be bmrtxxl to t1w wzu of money the Applies= hu expended or is expressly Hable for ptusauent to a wift o contnwt entered into for the. sole pmpow of compledng the hvAject itnelf, and not rdated, andilm-Ir ar adjunct matters. Havmver, in no event shaU the Auto ority's liability to IM ApplieW fbr any reamri, exceved, fic total amount of 1his Grmt-, 19. EInforeemem, t Comb To the extent that enforcoemcmt of dw Gimt bacon=, wxemnry ky eithez iW Awhority, or tbe, A4)phcant, each Inwty A& be, their own attoincy"s fem, tamble com, or mly other costs rel, � to mx-.h cmfbarc ewoat, hidudmg any fo= of alternadve disrAft maoludom 20. Notice All,%*W,-n nodow, rvquizr�l mxka- ft Agtwmeal shafl be iu writing and hand delhmxed or emil by cerfified meff, return mad-1pt nquested, ukl if sent to the Authority mailed to - I ohn Akhanibo, Dh- wtar Cutome'r Relations 7501 N. Jog Road Wed Palm Beach, FL 33412 Page 117 of 224 3011,4oilh Olive,A` Suat Ecol Wost Pairs Beach, FL 33401 Berraton Bawl CI 710 N. Hwy Boyfflan Busch, Fl, 33435 ith oupits tu. 515 IM Flneer U Writ' -nButch, FL 33419 E',uh party mayclump W address upon nadee, to the c� 21, No"iNvaiver No wEdrV Ir of any provibions of tids Girank or wW smandmedecto, kill be 1dixt ll u er shKII anulkybe M, w the s,.. 1 c insumcc to wWch it rclass and sUl ncg be, 1L cprn Tho capt, w3d aw-tion, dent n ties hweln wt fb t are for convemmwe, o rdy and shaLl haveno substuntive meaning. . JoLnt Preparation The j"m-pmm9rvn of Chmwasbeen- jo&t a5brt, of the wiles, rand the re docamwA Ad.;it, solety as a mew of iudidalm hic wyna=� ore 2. bffity AgracracruL 7.5$ Endroky cod` Cantract and Mud tions, Ule j,., and Applicam Ww that this Grwnt sea fbrih the, entut &Fcmmtn ing betwem the par: Page 118 of 224 In't"I'ading dre 'intant of' thl's Gars"'n't" "'71b aze, nn pITAmnim mr u Jb,"J 's, 'o-dow th"pun, 'Chose No modifEw oyl, amendmeal Ev aftbaralk3a, W. Ibe tormus rw condi conts"dirmul 3,10rel in dmll be, maleas cycinU-Ined, in avi doc mcwIte'd Wi0b 'the awmme fbvrn?,?Jhqv mmd equalityrof dignity hwevath, 26. Survive -60,14y No provision of this Gnni shaH warvi-vc so or I'mm tom rmlzm&m. f-'WrEd 27. Ffling AeopyoftUvAgrem.-m—-mi s WW beffiedwiththeCIrAand (cr. of the Cirm& Court in and ft Palzu Ben& Cc W WMITIKESS INMR.TZ(V, v the. Solid Wage, AAW m.'.y of PRIm BaKI-i Count), aml Cftt of Boynton BeaCh CR. A bave harmuto ad their hands the day mW yea Wbove wr Appi as tD U.,gal Form and Suffidemy the Aud=Ity witmess; Appmved as to Lagfd Form and Sufficienvy By¢ comwi to the city Wltkff',rF. AUTHORITY OF PALM BEACHCOLFINTY 0 Exwufive Director LM -Y OF B(,)'Y'N,7rOiN BEACH, FLORIDk 0 CRA I Approvod, by the, Solid, Wake Ax6ority BoW on February 10, 2016, Item App rova-A by, the City, of Boynton Bewa m Itom Is Page 119 of 224 Solid Vlaft Authorft of Palm Beach County January 201fi Page 120 of 224 He. and, of Bvymton INvalghborhood Impruvernent Project,. Propow I IMEM 11 Page 121 of 224 Page 122 of 224 %UP off Pn4'*d AdWAIM Arn: y� S ArtaIA Y9 10- PrqWt Ak' �y'Map) grubbingWE be addod to that contract until such time the property ft devrAoped by the CRA as pwt of the Sara Sims Park Exparalon and RedrMcpment and dmrfng i f 2016. Notice to Proaled VAII be WuW In March 201L Cmpl@Wn af project l be APO 2016. I l Cwnerftl Page 123 of 224 Project ACMV BU*M-. SeRaffvd:edSWA&*CtfwM Thb prolft adMty vAll moos all debris (farAn& pvc IW4ftn piping, at) rwuldq ftm the actMW to the sxWnt fkuf* panNs wW ihe remIning debris odil be hauled to the laWfUL Ylm*mv ftr conipladm of dn prelact wdvkr. Thb acdft vA11 commence vAth a RequM for OWs In April 2MS pursuant to the CWs Prmmment Pollcy. A wntmclor wil be chosen in MaV 2MG. Wbrk w1l begin on the Public Waft Ofte In km M25 with wn*etlon e0mond August 201L Prosect sMuftystiaduk off maler amMdw.- (Alladvwnt 7 - Por4ad Asthfitykhodwhs) Page 124 of 224 Page 125 of 224 11h, 11 kl4l"N4 'IF, % Aftfatw kthmu'romms, f (W (AllmIr admat Qnftft MR low lu c'm mArea 1 $ IS 3 (Ammmifit,cm uta filtrurmmumm, Ind M" C'mm al ff.= d Mu'vor's, 1011" FAmi'm wit, N/A I'MAIII, W1,31, YVAI $ Prom Of SIT"Ad I A K/A MUD, InWhOon 40 Sod Remrs!a-mmmint fit mm" 'MISAA Wiftwo, f (W VdIm, admat am" um cm qmmaty tm cm W" Tim mArea ft"m I IS 3 1119yrAll M" C'mm al ff.= d Mu'vor's, 1011" ICANO N/A $ SICIVI) C CAmIng sawl", "SMI -ft's $ r 6,3111) K/A MUD, InWhOon 40 Sod S, 21j4M, 3,9130 N/.A Momb" or INIUM40" CHNINST Famildl Itsualummul f (W VdIm, Dumvft5l am" um cm SAM Tar. Wnewn at"AmIlk I ft"m N/A slud Pm,,ivvg, of FWidrij saW 1119yrAll M" 1011" Rijefly ft" 24,%ZS $ SICIVI) $ $ $ MUD, 1, 34,223 S, 21j4M, $ 1-7 Momb" or INIUM40" 2,011ter"I I& WIND MIA Isql SIAXI 201,1W. IS $ 5,356 Sp CHNINST Famildl Itsualummul CXVR&kWbftFmpdvk)mpmWmftd PoTi r"Bad's ls/U ruk."a, f (W VdIm, Dumvft5l am" um cm SAM Tar. Wnewn at"AmIlk I ft"m N/A slud Pm,,ivvg, of FWidrij saW 1A21 A&AM mqmtm Rijefly ft" 24,%ZS 15M Imieftwo of, $ 151,010 .425 Mmark 21j4M, $ 1-7 Momb" or INIUM40" 1 MAW MIA Isql 201,1W. Wall bur 5,356 Sp SMS CXVR&kWbftFmpdvk)mpmWmftd PoTi r"Bad's ls/U ruk."a, VdIm, Dumvft5l am" um cm SAM Tar. Wnewn pwn**v I &MM- N/A Pm,,ivvg, of FWidrij saW 1A21 uldlivalItt" Rijefly ft" 24,%ZS NIA Imieftwo of, 2,,C21 151,010 Mmark 21j4M, N/A Momb" or INIUM40" 1 MAW MIA Isql 201,1W. Wall bur 5,356 Sp SMS MOM Id P'GMrg,.W WA IMW ft %QW WA 5" I�Vmhmmno iruu$hdm of sw 2"'m PWIS 2n, SjNY2 N/A pug of Irfisiltan rim 7rmc, Wilbit 1 SWC ftedum, andl Insbil m&,,h 75 1A. 1,00 WA $ Purdan aind btail tq=41 461V& S 40 WA $ hunimss Ord Map Awe, SAS sq. $ 1"ma W 1W ft. S UMF NIA 2. UPS Dbpa"WmatiovesOmbn UO& S 3W N/A $ Page 126 of 224 cftgh TGITNLI 151,010 r, PA. $ -ta"ma Isql 201,1W. U,40 5,356 Sp IOWA $ sw 2"'m 7rmc, $ 1"ma c"s f 2. UPS lkfir* 400' Page 126 of 224 Page 127 of 224 CRA BOARD MEETING OF: Feb.qmry 9, 2010 Oka, lovosimms, � I Mcrvif Bustmess, - — - - ------- . ............ . ........... . ...... - .. ......... ... . . ..................... .. . . ........................ . . . . . . AGENDA FTEM:: xv. c. SUBJECT: Irdarmstlon an ApprovW of Grmft SubmRW lo SWA for EMIghted Pmpwgw In HOB TWMDAS, CONSENT AMMM. AKWMLY RtP09lVC-sn~,Agwidm Mm RaqLwM Faiwo by Ake&KMRA B=MY 2MG - 2010 MxW Msdnpkftbnwy Wl"WAGamdam Page 128 of 224 Page 129 of 224 Page 130 of 224 i Page 131 of 224 It i Z Ux, WITO U, 10 Wit 1-10 TAIR, BY AND BETIMUXT CITTOF BOYNTON BEACH CRA AND VI I , - - I , 1 1- THIS INTERLOCAL GRANT AGREEMENT is made and entered into this 10th day of February, 2016, by and between the Solid Waste Authority of Palm Beach County, a dependant special district created pursuant to Chapter 2001-33 1, Laws of Florida, as amended, hereinafter (the "Authority") and City of Boynton Beach CRA, a public agency created pursuant to Chapter 163, Part III, Florida Statutes, hereinafter (the "Applicant"), by and through its duly authorized Board. WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the Authority's Governing Board has appropriated in the Authority's adopted 2015/2016 fiscal year budget funds for Blighted and Distressed Property Clean-up and Beautification Grants; and WHEREAS, this Interlocal Grant Agreement is intended to assist in the cleanup and beautification of distressed, blighted, or otherwise impacted public properties within both the unincorporated and incorporated areas of Palm Beach County; and WHEREAS, this Grant is provided as an incentive to improve the quality of life an(f provide a safer, healthier and more aesthetically pleasing environment for the residents of Palm Beach County; and 4 l I . 0 _Cquo n, 4MMOT WHEREAS, the Property is in a state of disrepair, is visible to the surrounding community, and attracts nuisances, including illegal dumping, littering and criminal activity to the detriment of the surrounding community; and Page 132 of 224 WHEREAS, the Applicant wishes to demolish existing blighted structures on multiple properties, install sod, native plants, and fencing, painting and general improvements to the City of Boynton Beach (City) Public Work site in order to improve the quality of life of the surrounding community (the "Projecf); and WHEREAS, the Authority is the agency responsible for providing solid waste disposal and recycling programs for Palm Beach County and desires to assist the Applicant by defraying the cost of the demolition, disposal and hauling, and improvement activities associated with the Project through the provision of this Grant. 00 ITU i4 I F. I 1116I.Art I I IS IM•411 FW - - =-, ,1 MUMMA- 6 UNTNi oil oR N log I ir.NIN" got#) i N�A�4 Ps 101 tellR 1. Incorporation of Facts The facts and background set forth above in the Preamble to this Agreement are true and correct and incorporated into and made a part of this Grant. Purpose The purpose of this Grant is to set forth the respective duties, rights and obligations of th-;i parties relating to the Authonity's provision of this Grant and the Applicant's performance of the Project. 3. Contract Representatives and Monitors The Authority's Contract Representative and Monitor during the execution of the Project shall be John Archambo, Director of Customer Relations, or his designee, whose telephone number is (561) 697-2700. The ApplicanVs Contract Representative and Monitor shall be Vivian Brooks, whose telephone number is (561) 600-9090. The Project A. Heart of Boynton Improvement Project. Two separate properties contain a derelict structure to be demolished after which time land will be cleaned and improved through planting of sod. The City's Public Work site will have fencing and screening replacement, painting of perimeter wall, repair of irrigation system and installation of native, drought -tolerant plants. B. The Applicant will provide for regular maintenance through an existing contract with a landscape contractor. 5. Effective Date and Term This Grant shall take effect upon execution by the parties and shall remain in full force and effect until February 9, 2017. 6. Conduct of the Project A. The Applicant shall be solely responsible for all aspects of the Project, including but not limited to securing funding, securing all permits and approvals, procuring all 0) Page 133 of 224 labor and materials, and maintaining the property consistent with the intent of this Grant for its full term. Q. The Authority shall only, without exception, be responsible for providing the Grant fimding in the amounts and upon the Project milestones identified herein. C. Applicant agrees that it shall endeavor to complete the Project within 12 months from the date of execution of this Grant. The Applicant may request an extension(s) beyond this period for the purpose of completing the Project. The Authority agrees that it may not unreasonably refase Applicant's request for an extension(s) as long as the Applicant is diligently pursuing the completion of the Project. D. Prior to commencement of the Project, Applicant shall submit a final projec', schedule to include starting and completion dates. The Authority shall review all documents within five (5) business days of receipt. If the Authority does nw respond within the five (5) day period, then the Applicant may proceed as if the Authority had no comments or objections. E. The Applicant will submit monthly Project status reports to Authority's Contract Representative and Monitor by the fifteenth (15'h) of the subsequent month. The reports will include, but will not be limited to, a summary of the work accomplished, problems enc1unter4 percentage of completion and other information as deemed appropriate by Authority's Contract Representative and Monitor. 7. Funding The Authority shall disburse Grant funds in the amount of $62,3 10 as follows A. Upon approval of final project schedule, the Authority shall disburse a check equal to 50% of the total grant award. [Wei. Upon contractor mobilization, the Authority shall disburse a check equal to 25% of the total grant award within 10 days of written request by the Applicant. Upon completion of the project, remaining grant fimds shall be disbursed within 10 days of written request by Applicant. Applicant is solely responsible for providing all other fimds necessary to complete the Project. The Authority shall not have an obligation to provide additional funding. 8. Ownership and Maintenance of the Project Applicant hereby represents and warrants that it is the fee simple owner of the Property and that the Property is unencumbered and ftee and clear of other interests, of any type or character. In the event any liens or encumbrances are filed or recorded against the Property, the Applicant shall immediately take all necessary steps, at its sole cost and expense, to clear and remove all such liens, interests or encumbrances. The Applicant represents and warrants that it has full legal authority to enter into this Grant. The Applicant ftu-ther wan -ants that it has the financial ability to maintain the Property as specifically intended and required under this Grant. K Page 134 of 224 A. 'Me Applicant shall be solely responsible for all necessary costs, expenses, fees, charges, and all other liabilities of any type related to the execution and maintenanc(-� of the Project consistent with the intent of this Grant. 11L. The Applicant shall maintain the Property for the entire duration of this Grant Agreement in order to prevent the Property from reverting back to its previous state. In its application, Applicant provided a plan for maintaining the property consistent with the intent of this Grant and the Applicant will faithfully execute that plan. C. The rights and duties arising under this Grant shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. However, this Grant shall not be assigned without the prior written consent of the Authority, and any such assignment without the prior written consent of the Authority shall constitute grounds for termination of this Grant for cause. 9. Access and Audit Each party will maintain all books, records, accounts, and reports associated with thift Grant for a period of not less than five (5) years after the later of the date of termination or expiration of this Agreement. All said records will be available to the other upon request. In the event claims are asserted or litigation is commenced related to or arising out of the performance of this Agreement, each party agrees that it will maintain all records relating to the Project and the Property until the other party has disposed of all such litigation, appeals, claims, or exceptions related thereto. 10. License and Permit The Applicant hereby grants to the Authority an irrevocable license and permit to access the Property, surrounding roadways, walkways, and any other means of ingress and egress to the Property for the purpose of ensuring compliance with this Grant for the duration of this Grant. The Parties each acknowledge that good and valuable consideration has been received to maintain such irrevocable license for the duration of this Grant. 11. Insurance A. Without waiving the right to sovereign immunity as provided by Section 768.28, F.S., each party acknowledges that it is either insured or self-insured for General Liabty and Automobile Liabty under Florida's sovereign immunity statutes with coverage limits of $ 100,000 Per Person and $200, 000 Per Occurrence, or such other sovereign immunity waiver limits that may change as set forth by the State Legislature at the time of such occurrence. B. The Applicant agrees to maintain or to be self-insured for Workers' Compensation & Employers' Liability insurance in accordance with Chapter 440, Florida Statutes. C. When requested, each party shall provide to the other, an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status. E] Page 135 of 224 IF. Compliance with the foregoing requirements shall not relieve either party of iZ liability and other obligations under this grant. E. The Applicant agrees to include no less than the above -stated insurance requirements as to type of coverage and dollar amount so as to meet the minimum requirements set forth above in all contracts related to the constructiori, use, or maintenance of the Project and the Property, and shall establish and maintain such coverage as a requirement for the issuance of any pen -nit, license, or right to use or occupy the Project and Property unless this requirement is expressly waived in writing by the County's Contract Representative and Monitor with the approval of County's Department of Risk Management. IL2. Public Entity Crimes Each party shall comply with Section 287.133(2)(a), F.S., as amended, which provides in pertinent part as follows: A person or affiliate who has been placed on the convicted vendor list following a conviction for a yublic entit, c e%,L1/iV=-16k41 contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with V-7 PWOAY� excess of the threshold amount provided in Section 287.017, F.S. for Category Two for a period of thirty-six (36) months from the date of being f! 1, on the convicted vendor list. 13. No Third Party Beneficiaries Except as specifically set forth and as limited herein, this Grant confers no rights on anyone other than the Authority or the Applicant and is not otherwise intended to be a third party beneficiary contract in any respect. Nothing contained in this Agreement shall constitute the Authority's acceptance of any obligation or liability not otherwise imposed under this Grant or by law upon the Authority. 14. Termination A. In the event the Applicant fails to comply with any provision of this Grant, the Authority may exercise any and all rights available to it, including termination of this Grant. The Authority will notify the Applicant of its noncompliance and provide the Applicant thirty (30) days or such additional period granted by the Authority to cure the noncompliant event(s) or act(s). In the event the Applicant has not cured the noncompliant act(s) or event(s), or if the Applicant cannot cure the noncompliant act(s) or event(s), the Authority may terminate this Grant. If the Authority terminates this Grant for the Applicant's failure to cure under this provision, the Authority may require the Applicant to pay to the Authority the Grant R Page 136 of 224 funds that were expended by the Authority for the Project, or such other lesser sum equivalent to the value of the remaining useful life of the Project, as determined by the Authority in its sole discretion. W. The Authority may also terminate this Agreement for convenience, in whole or in part, at any time, by written notice of such termination to the Applicant should the Authority, in its sole discretion, determine that it is necessary to do so for any reason. The Authority shall notify the Applicant of its intent to terminate for convenience at least ninety (90) days in advance of the termination date by delivering notice of such to the Applicant specifying the extent of termination and the effective date. In the event the Authority terminates this Grant for its convenience, the Applicant will be relieved of any obligation it might otherwise have to pay to the Authority the sum of money set forth in paragraph ITA above. The Applicant affirms that the benefits promised to it under this Grant are adequate consideration to support not only its duties and obligations under this Grant, but also support the Authority's right to terminate this Grant for convenience and its limitation of remedies against the Authority to those specifically set forth herein, regardless of the harm, if any, caused by the Authority's termination of this Grant for convenience. C. Wpon termination of this Grant as set forth herein, both the Authority and Applicani agree and acknowledge that their respective legal or equitable remedies against the other for termination of this grant are expressly limited to those contained in this Grant. Notwithstanding the foregoing, the parties agree to comply with all applicable statutory dispute resolution procedures as provided under Florida law. 15. Office of the Inspector General Palm Beach County has established the Office of the Inspector General pursuant to, Ordinance No. 2009-049, as amended, which is authorized and empowered to review past, present and proposed County contracts, transactions, accounts and records. The Authority has entered into an agreement with Palm Beach County for Inspector General services. This agreement provides for the Inspector General to provide services to the Authority in accordance with the authority, functions, and powers set out in the Inspector General Ordinance as amended. All parties doing business with the Authority and receiving Authority funds shall fully cooperate with the Inspector General including, but not limited to, providing access to records relating to this Grant. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the Applicant, its officers, agents, employees, and lobbyists in order to ensure compliance with the Agreement and detect corruption and fraud. Failure to cooperate with the Inspector General or interference with or impeding any investigation shall be a violation of the Inspector General Ordinance, as amended, and punishable pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. R Page 137 of 224 acts or omissions of the other party. Nothing contained in this Grant shall act or constitute a waiver of either party's sovereign immunity in excess of that waived by the Legislature in Section 786.28, F.S. 17. No Agency Relationship Nothing contained herein is intended to nor shall it create an agency relationship between the Authority and the Applicant. 18. Remedies and Limitations of Liability A. This Grant shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement shall be in a Court of proper jurisdiction located in Palm Beach County, Florida. B. The Authority and Applicant both acknowledge that their respective remedies against the other for termination of this Grant as set forth herein are limited solely to those in this Grant. C. The Authority's remedies against the Applicant shall be limited to the recovery of any sums of money.provided to it under this Grant or such lesser sum of money that remains due, the balance, to complete the Project for which this Grant was intended. The Authority shall have no further or additional liability to the Applicant or any other person or entity arising from, or related in any way to this Grant, and in no event shall the Applicant's liability to the Authority, for any reason, exceed the total amount of this Grant. D. The Applicant's remedies against the Authority shall be limited to the sum of money the Applicant has expended or is expressly liable for pursuant to a written contract entered into for the sole purpose of completing the Project itself, and not related, ancillary or adjunct matters. However, in no event shall the Authority's liability to the Applicant for any reason, exceed the total amount of this Grant. 19. Enforcement Costs 20. Aotice All written notices required under this Agreement shall be in writing and hand delivered or sent by certified mail, return receipt requested, and if sent to the Authority shall be mailed to: John Archambo, Director Customer Relations 7501 N. Jog Road West Palm Beach, Fl, 33412 7 Page 138 of 224 ME.= County Attorney's Office 301 North Olive Avenue Suite 601 West Palm Beach, FL 33401 Boynton Beach CRA 710 N. Federal Hwy I'Loynton Beach, FL 33435 M= • Tara Duhy Lewis, Longman & Walker, P.A. 515 N. Flagler Drive West Palm Beach, FL 33418 21. No Waiver No waiver of any provisions of this Grant, or any amendment hereto, shall be effective unless it is in writing, signed by the party against whom it is asserted. Any such writte.-t waiver shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future or continuing waiver. 22. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 23. Joint Preparation The preparation of this Grant has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 24. Severability Should any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement. 25. Entirety of Contract and Modifications The Authority and Applicant agree that this Grant sets forth the entire agreement and understanding between the parties of their respective rights or obligations hereunder, Page 139 of 224 including the intent of this Grant. Ilere are no promises or understandings other V�n those stated herein. No modification, amendment oTalteration in the tems or conditions -air,12htL the same formality and equality of dignity herewith. E, 6. Survivabi1ity No provision of this Grant SW survive its expiration or earlier termination. 27. Fiting A copy of this Agreement shall be filed with the Clerk and Comptroller of the Cirl Court in and for Palm Beach County. iN wiTNESS WHEREOF, the Solid Waste Authority of Falm Beach County and City of Boynton Beach CRA have hereunto set their hands -i and yea above written. 1. T'T.Tawn =' I ". A 1. 1:7—IMjjI1eVA I, # M MTORM &'. 0 Approvedaa / # L�gd Form and Sufficiency Rr —4 . . . . . . . .............. . ....... 11—TIM =M Approved bj the City of Boynton Beach on item Page 140 of 224 50 C1 qW frn *y BOYNTON ,:,,BEACH i4l SUBJEECT: Approval of Intedocal Aareement QLA) -6 Mt 110 Jim. 61.1r,1,10M411 SUMMARY: CRA staff wrote a grant for the Solid Waste Authority's Blighted and Distressed Property Clean-up and Beautification Grant Program in coilaboration City staff for improvements to the Heart of Boynton neighborhood. The grant activities include demolition of a building and sodding of the lot located at 909 N. Seacrest, painting of the perimeter wall, new fencing, irrigation and landscaping at the Public Works site and clearing and grubbing of the CRA-ow,hed block at N.E. 0150'Avenues (see Attachment "A"). Staff was notified on Tuesday, February 3, that the CRA was awarded the full request of $62,000 for the three projects. The overall Project will be completed by August 31, 2016 and the total cost of the three projects is estimated at $93,547. The amount requested and awarded frDm the SWA is $62,300 leaving a match from the CRA of $31,247 or 33%. , Under the SWA Grapt Ma"L,11, AIIQ Q- 1 14 yrRw_WL7r7 o 6 P7KTOWWWW�-TO I q irea E)y Ine U. -F, and the City. The attached ILA between the CRA and the City describes the funding and maintenance responsibilities for both entities and meets the requirements of the grant conditions as outlined in CRA's I nterlocal Agreement with the SWA (see Attachment "B"). FISCAL IM PACT: $31,247 as a match to the $62,300 in grant funding — from FY 15/11 tudget line item 02-58200-405 CIRA NLAN, PROGRAM, OR PROJ EFC T: Heart of Boynton Community RedevelopmenI Plan In 5WR �1 J"M XT"NUMAN OITA 0411rl"O WiTal Executive Director Page 141 of 224 12. B. NEW BUSINESS 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-052 -Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the Maintenance of the NE 4th Street Parking Lot. EXPLANATION OF REQUEST: Interlocal term: Upon execution - September 30, 2018 The CRA has completed the NE 4th Street Parking Lot & Street Enhancement Project located on the City owned property one block north of E. Ocean Avenue. The I nterlocal Agreement includes the terms and conditions under which the CRA shall be financially responsible for the management and property maintenance expenses for the NE 4th Street Parking Lot from the effective date until the time period ending on September 30, 2018. It is estimated that the annual maintenance expenses for the NE 4th Street Parking Lot would not exceed $10,000. Beginning October 1, 2018 the City will assume the annual cost of maintenance and budget appropriately. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? With the CRA completing the enhancement project in connection with the NE 4th street parking lot which is one block north of E. Ocean Avenue and funding the cost of maintenance through September 30, 2018 will give the City sufficient time to include this annual maintenance in the annual budgeting process. By maintaining the improvements that have been done will continue to enhance the City's overall downtown appeal. FISCAL IMPACT. Non -budgeted The CRA shall reimburse the City in an amount not to exceed $10,000 per year until September 30, 3018. Beginning with FY 18/19 the City will budget the estimated annual maintenance costs. ALTERNATIVES: Not approve the interlocal STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 142 of 224 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Interlocal Agreement D Attachment REVIEWERS: Department Finance Finance Legal City Manager Description Resolution approving ILA with CRA for NE 4th Street Parking Lot ILA City and CRA 4th St Parking Lot Maint CRAAgenda item 3-8-16 Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 3/29/2016 - 8:40 AKA 3/29/2016 - 8:41 AKA 3/30/2016 - 4:21 IIIA 3/31/2016 - 9:47 AKA Page 143 of 224 I RESOLUTION NO. R16- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY (CRA) FOR THE MAINTENANCE 7 OF THE NE 4TH STREET PARKING LOT; AND PROVIDING AN 8 EFFECTIVE DATE. 9 WHEREAS, the CRA has completed the NE 4th Street Parking Lot & Street 10 Enhancement Project located on the City owned property one block north of East Ocean 11 Avenue; and 12 WHEREAS, the Interlocal Agreement includes the terms and conditions under which 13 the CRA shall be financially responsible for the management and property maintenance 14 expenses for the NE 4th Street Parking Lot from the effective date until September 30, 2018, 15 at which time the City will assume the annual cost of maintenance and budget appropriately; 16 and 17 WHEREAS, the City Commission of the City of Boynton Beach, upon 18 recommendation of staff and the CRA Board, deems it to be in the best interests of the 19 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement 20 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 21 Agency regarding the maintenance of the NE 4th Street Parking Lot. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. Each Whereas clause set forth above is true and correct and 25 incorporated herein by this reference. C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\F273DF23-5D01-487B-A55E-B899D798DF34\Boynton Beach.3015.1.ILA With CRA For Maintenance Of 4th Street Parking Lot-_Reso.Doc Page 144 of 224 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 28 Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding the 29 maintenance of the NE 4th Street Parking Lot, a copy of said Interlocal Agreement is attached 30 hereto as Exhibit "A". 31 Section 3. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2016. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 Interim City Clerk 56 57 58 (Corporate Seal) Mayor — Steven B. Grant Commissioner — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\F273DF23-5D01-487B-A55E-B899D798DF34\Boynton Beach.3015.1.ILA With CRA For Maintenance Of 4th Street Parking Lot-_Reso.Doc Page 145 of 224 MERLOCAL AGREE, M-ENr BEIVEENTHE CrITY OF BMIXTOIN BEACH ANDTHE BOYINTON BEAL% COMMUNITY REDEVELOPMENT AGENCY MR THE PROPERTY OFTHE'.vowrl]EAST kVU)rrH STREE'T PARKING LOT THIS AGREEMNT is made this day of -- 11 1-11--, 2016 by and WITNESSETH: WHEREAS, the CRA Northeast Parking Lot and Street Enhancement Project 11 (Exhibit "'A') is intended to impmve the quality of life for area residents, provia WHERFAS, addres, sing the need for additional public, parking for businesses wiffifii the downtown core area as well as difninating slum and bligbted conditions is a WMEREAS, the CRA Board of Commissioners fWn& dmt this Agreement, and & Street Enlmc=ent Project is consistent with the CRA's Redevelopment Plan, atM Florida Statutes; and 11 1 ixgwir�� 1 11,1111111 11111 1111111111 11111111111111111111111 : 111c,1111111111, WIMP the beneficial economic impact of the Northeast 4"" Street Parldng Lot & Street Enhancement d the CHY find that this firading agreement serves a 0=049-1 1 Page 146 of 224 111111111gill'i 11 4!i I 1 1: 111 1 In of the City of Boynton Beach, including the Community Redevelopment Are& fA I'll, "I'll, I'll, 11 1 I'll, �11 1 11 '�111111111111 herein contained, the parties hereby agree as follows. The recitations set forth above are bereby incorporated herein. 2. The CRA shall provide annual funding in the amount not to ex=j� 3, The term of this Agreement &hall commence upon execution by both parties and shall terminate on September 30, 20M The term of the Agmment may 'm t a, 4. Upon the termination of this Agreement the City shall be responsible for !III 11:111j, 1111111pill I qpiiiiiil� 1111111111 1 IpIIIIIIIIIIIIIIIIII 91 11 1, I'll ji "I I I 1 11111111111 �� I", 1p��11� the swale drainage area, all landscaping, the sidewalk gin, -mand all paveineiM 5. This Interlocal Agreauent dWl be filed pursuant to the requireinenta of 6. No prior or present agreements or =presentations with regard to any writing and executed by the partie& 0 1:411INIII Page 147 of 224 7The vaUdity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agvernent, shall have no force and effect upon the validity of any RM Igill IrI1111111j", 10. This Agreement shall not be valid until signed by the Mayor and the City Nil By:_ Janet Prainito, City Clerk Ic"ry'raylor, mayor Approved as to Form: Of cc of the City ttornel y DFIFIRMS1 I Em Page 148 of 224 TT EXHIBIT A Iy „ gi h s �� it ,a '0 12- M, 1ei U h Blvd .,,. £, .., EMA, E scr p6m Demich , sti,... ,w t� ka FIVI hiP,4„ zV P Rq ��4 t �; 1r �� _ � t - 'l � i�... ��t�q�, o' i,s« „• 411))1 '£z'�, x 7 l � q� �itt�V} _ i £�� t� i�vi - � � s, I, � • � _ill II � , } � � ' ti�i4. �3t i 41i Qii `,, •, �n f t a t. k Page 150 of 224 I 1 � m i P '¢ RAZ ° k Page 150 of 224 � m i P '¢ RAZ ° k Page 150 of 224 T INA i Page 151 of 224 vWD tam !,RNV9kn WdanwjAv 19t 2 N Page 152 of 224 ujow(Aamm NOISOME I F M 3M 713MIS NIV3N .... . . .... MaLLM WIN Page 153 of 224 Wd -OON-LNOl) Mvm Haww"is C3 NOLLViN3RIC13S IMULe 0 NV MM Wd 3 nMAV CINV D NUV Bch' mmm<d awy Xf r Page 154 of 224 -11 IaO IONINOO D NUV Bch' mmm<d awy Xf r Page 154 of 224 Page 155 of 224 4 t� Page 156 of 224 u . _. N ONV ONINIDIS 133HIS OW ENDRNd 1s1RNw1mHmNiv3N Page 157 of 224 Page 158 of 224 SlIV130 wwramud CD NOUMNISNOD par Page 159 of 224 ujoH(((AajwrA vw p4jV19 NQIAUM NVld3dVl,SaNVI 9MVd,IR*VaONVHN3 IRRVIS OW VMMVd ilrPSAW I JSI,3NV133WjSKLt3N I Page 160 of 224 U joH(((Aalwrq IAVLUSONVEN anNaA"V LZ ; IN LM2mTA3auw"j.*3N Nov 0i kill k I I all 1 1;1111 181 gapp§1 I oil 25 m 0 Im 0 Page 161 of 224 sea c Ii Page 162 of 224 � 4 sea c Ii Page 162 of 224 40�� IF"% BoYN NOMBEAC I I Consent Agenda I I Old Business I X I New Business I I Legal I I Information Only] S U BJ ECT: Consideration of I nterlocal Agreement (I LA) between the City of Boynton Beach and the CRA for the Property Maintenance of the NE 4h Street Parking Lot SUMMARY: The CRA has completed the NE 4th Street Parking Lot & Street Enhancement Project located on the City owned property one block north of E. Ocean Avenue (see Attachment The Interlocal Agreement includes the terms and Conditions under which the CRA shall be financially responsible for the management and property maintenance expenses for the NE 0 Street Parking Lot from the effective date until the time period ending on September 30, 2018 (see Attachment "B"). It is estimated that the annual maintenance expenses for the NE 4 th Street Parking Lot would not exceed $10,000. FISCAL IMPACT: The CRA has budgeted property maintenance funding in the adopted IFY 15/16 budget. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan RECOMMENDATIONS: Approve the ILA between the City and the CRA for the Property Maintenance of the NE 4 th Street Parking Lot. Michael Simon' Assistant Director T:\AGE N DAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\CRA Board\FY 2015 - 2016 Board MeetingsWarcah 2016111-A NE 4th Street Parking Lot Project.docx Page 163 of 224 Page 164 of 224 Page 165 of 224 A MI 01 DION I" I DKIIIJ 9 &W$12 pindalcom 9 N THIS AGREEMENT is made this day of . 2016 by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, (hereinafter referred to as "CITY'), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY III, Florida Statutes, (hereinafter referred to as (Exhibit "A") is intended to improve the quality of life for area residents, provide additional public parking for area businesses and to increase private investment within WHEREAS, addressing the need for additional public parking for businesses within the downtown core area as well as eliminating slum and blighted conditions is a 111IF1 11 1 1 Ins! 1 11 � I � �� the use of the CRA's funds to design and reconstruct the Northeast 0 Street Parking Lot & Street Enhancement Project is consistent with the CRA's Redevelopment Plan, and Florida Statutes; and ihe beneficial economic impact of the Northeast 4th Street Parking Lot & StrI IFnhancement Project, the CRA and the CITY find that this funding agreement serves - 00627049.1 1 Page 166 of 224 municipal and public purpose, and is in the best interest of the health, safety, and welfar* 11�11�11 1111 M09r4[ff!MI - 0 is is 14M.M= NOW, THEREFORE, in consideration of the mutual covenants and promises 2. The CRA shall provide annual funding in the amount not to exceed $10,000 for landscape maintenance and property management services to the CITY for the maintenance of the Northeast 4th Street Parking Lot & Street Enhancement Project area. Such maintenance by the CRA shall be customary and reasonable and in accordance with the standards of maintenance of the City. 3. The term of this Agreement shall commence upon execution by both parties and shall terminate on September 30, 2018. The term of the Agreement may be extended upon the execution of a written amendment to this Agreement executed by the Parties hereto. 4. Upon the termination of this Agreement, the City shall be responsible for all maintenance of the Project area including but not limited to the asphalt parking area, the swale drainage area, all landscaping, the sidewalk improvements and all pavement g1rag"4111M 5. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01 (11) of the Florida Statutes. 6. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. N Page 167 of 224 7. The validity of any portion, article, paragraph, provision, clause, or any fo�ortion thereof of this Agreement shall have no force and effect upon the validity of any V 8. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 9. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 10. This Agreement shall not be valid until signed by the Mayor and the City Agreement as of the date set forth above. W- 0 Office of the City Attorney 00627049.1 C 0 Jerry Taylor, Mayor (SEAL) By: Jerry Taylor, Chair Page 168 of 224 12.C. NEW BUSINESS 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO R16-053 - Supporting Palm Beach County and the School District of Palm Beach County's plan to enact a one -cent sales tax to pay for needed improvements to public infrastructure, parks, public safety initiatives and economic development and to place a referendum on the November 8, 2016 ballot for voter approval of such sales tax. EXPLANATION OF REQUEST: Palm Beach County, the School District and the PBC Cultural Council have been considering a one-half penny sales tax to pay for much needed infrastructure improvements (roads, bridges, county parks, public facilities and public safety initiatives), technology improvements, building safety improvements and economic development. Instead of each agency seeking its own sales tax referendum all agencies decided to collaborate for one initiative to demonstrate unity, good planning and combined leadership. Florida Statutes provides that municipalities automatically share in the distribution of a surtax which is distributed by population. The proceeds from the one penny are proposed to be distributed as follows: School District 48.0%; PBC 27.5%; Municipalities 18.5%, PBC Cultural Council 4.5% and 1.5% for economic development. The surtax is proposed for 10 years, at which time it would sunset. Early on during the discussions the County requested cities to submit their list of needs and backlog. All of Boynton Beach's needs are identified in the city's Capital Improvement Budget as adopted by the City Commission on an annual basis. Therefore, staff submitted the attached list of our 5 year Capital Improvement Program. Also attached is a spreadsheet which demonstrates the annual revenues all agencies can anticipate receiving. Should the combined initiative go to the ballot as proposed, and be approved by the voters, the City's distribution would be approximately $3.9M annually for ten years. This Resolution demonstrates our support of the initiative HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The infrastructure sales surtax would be a new and reliable alternative funding source for the City to fund its capital infrastructure needs. Currently, adequate funding sources do not exist to meet all of the needs identified in the city's capital improvement program. FISCAL IMPACT. Non -budgeted Potential revenue source of $3.9M annually for ten years to fund much needed capital improvements/infrastructure repairs/upgrades. ALTERNATIVES: Page 169 of 224 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution Supporting the One Cent Sales Tax D Addendum Boynton Capital Needs List D Addendum Revenue Estimates REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 3/30/2016 - 10:24 AM Finance Howard, Tim Approved 3/30/2016 - 10:24 AM Finance Howard, Tim Approved 3/30/2016 - 12:08 PPA Legal Swanson, Lynn Approved 3/30/2016 - 3:39 PPA City Manager LaVerriere, Lori Approved 3/31/2016 - 9:50 AM Page 170 of 224 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, SUPPORTING PALM BEACH COUNTY AND THE SCHOOL DISTRICT OF PALM BEACH COUNTY'S PLAN TO ENACT A ONE -CENT SALES TAX TO PAY FOR NEEDED IMPROVEMENTS TO PUBLIC INFRASTRUCTURE, PARKS, PUBLIC SAFETY INITIATIVES AND ECONOMIC DEVELOPMENT, AND TO PLACE A REFERENDUM ON THE NOVEMBER 8, 2016 BALLOT FOR VOTER APPROVAL OF SUCH SALES TAX; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the establishment and maintenance of infrastructure is a core function of local government; and WHEREAS, there are many critical improvements that need to be made to infrastructure in Palm Beach County and in the 38 municipalities within the County that cannot be funded with existing revenue sources in the foreseeable future; and WHEREAS, on March 22, 2016, the Board of County Commissioners of Palm Beach County approved a plan in cooperation with the School District of Palm Beach County, and in accordance with Section 212.055, Florida Statutes, to enact a one -cent sales tax to pay for needed improvements to infrastructure, parks, public safety initiatives and economic development; and WHEREAS, the plan approved by the Board of County Commissioners allocated the sales tax proceeds as follows: 48 percent to the School District; 27.5 percent to the County; 18.5 percent to the 38 municipalities within Palm Beach County; 4.5 percent to the cultural institutions; and 1.5 percent to economic development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach hereby supports the one -cent sales tax plan that would fund important infrastructure, parks, public safety, and economic development initiatives of Palm Beach County, the School District of Palm Beach County, and the 38 municipalities within Palm Beach County. C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\2A9669EA-5E5E-4A22-B5CB-E9C1C821F883\Boynton Beach. 3013.1. Supp ort_One_Penny_Sales_Tax_Plan_-_Reso.Doc Page 171 of 224 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Section 3. The City Commission of the City of Boynton Beach hereby supports continued efforts to place the one -cent sales tax referendum on the November 8, 2016 general election ballot. Section 4. The Boynton Beach City Clerk is directed to distribute this Resolution to the Board of County Commissioners for Palm Beach County, the Palm Beach County School Board, and the Palm Beach County League of Cities, Inc. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Commissioner — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\2A9669EA-5E5E-4A22-B5CB-E9C1C821F883\Boynton Beach. 3013.1. Supp ort_One_Penny_Sales_Tax_Plan_-_Reso.Doc Page 172 of 224 PROJECT NAME FY 2016/17 Plan FY 2017/18 FY 2018/19 FY 2019/20 Plan Plan Plan Total Boynton Beach Blvd Extension - Paver Repair 10,000 10,000 Boynton Beach Blvd Extension - Landscaping 18,000 18,000 Boynton Beach Blvd Extension - Paint Overhead Lighting Poles 16,000 16,000 Boynton Beach Blvd (East of Federal Hwy) - Planters Box Repairs 75,000 75,000 Children's Museum - Plaza Renovation 20,000 20,000 Children's Museum - Painting Exterior & Soffit Repair 35,000 35,000 City Hall Complex - Amphitheatre Shade Replacement 5,000 5,000 City Hall Complex - Amphitheatre Paint Shade Structure 10,000 10,000 City Hall Complex - Amphitheatre Paint Exterior 4,000 4,000 City Hall Complex - City Hall Lobby paint and replace carpet 20,000 20,000 City Hall Complex - Commission Chambers Renovation 120,000 120,000 City Hall Complex - Commission Chambers Replace Air Handler 0 City Hall Complex - Generators and Switchgear 750,000 750,000 City Hall Complex - Parking Garage Floors 200,000 200,000 City Hall Complex - Rebuild Chillers 90,000 90,000 City Hall Complex - Kids Kingdom Play Area 300,000 300,000 City Hall Complex - Kids Kingdom Parking area sealcoat 10,000 10,000 City Hall Complex - Re -Roof 325,000 325,000 City Hall Complex - Paint City Hall and Fire Station 1 110,000 110,000 City Hall Complex - Sealcoat HS Parking (north) & Overlay West 22,000 22,000 City Hall Complex - West Wing 1st floor restroom renovation 55,000 55,000 City Hall Complex - West Wing 1st floor restroom renovation ADA 15,000 15,000 City Hall Complex - West Wing Carpet change to VCT 10,000 10,000 City Hall Complex - West Wing Bldg. Dept. Plan Review floor tile 15,000 15,000 City Hall Complex - West Wing Air Handler replacement 250,000 250,000 Civic Center - Renovate Auditorium Stage 40,000 40,000 Civic Center -Auditorium Ceiling Renovation 40,000 40,000 Civic Center - Renovate Auditorium Stage ADA 4,000 4,000 Civic Center - Playground Path ADA 0 Civic Center - Playground Replacement 0 Civic Center -Roof Replacement 150,000 150,000 Civic Center - Sealcoat south lot 0 Civic Center - Dumpster enclosure 12,000 12,000 Civic Center - Paint Exterior 25,000 25,000 Civic Center - Restrooms ADA 60,000 60,000 Head Start Center - Seal coat parking lot 10,000 10,000 Head Start Center - Seal coat parking lot ADA 4,000 4,000 General Government - Carpet Replacement 10,000 10,000 10,000 10,000 40,000 General Government - HVAC Repairs 40,000 40,000 40,000 40,000 160,000 Library - Exterior Painting 0 Library - Youth & Technical Services Space Modification 35,000 35,000 Library - 2nd Floor Space Modification 30,000 30,000 Library - Digital Sign 35,000 35,000 Library - Youth Services Carpet 10,000 10,000 Library - Seal Coat all lots 20,000 20,000 Library - Renovate Restrooms 20,000 20,000 Library - Renovate Restrooms ADA 22,000 22,000 Library - Exterior Lighting and Security upgrades 200,000 200,000 Library - Program Room Carpet and paint 14,000 14,000 Library - ADA* 34,149 34,149 Miscellaneous Small Projects 10,000 10,000 10,000 10,000 40,000 Pistol Range ADA* 6,794 6,794 Public Works Complex - Admin Bldg. & Warehouse Roofing 60,000 60,000 Public Works Complex Painting 43,000 43,000 Public Works Compound - Sealcoat parking lot 9,000 9,000 Public Works Compound - Parking Lot ADA 11,000 11,000 Public Works Compound - Paint all building exterior 20,000 20,000 Public Works Compound - Paint fuel tanks 4,000 4,000 Public Works Compound - Fleet Maintenance bay painting 25,000 25,000 Page 173 of 224 Public Works Compound - Fleet Maintenance Remodel 185,000 185,000 Public Works Compound - ADA* 25,863 25,863 Schoolhouse Children's Museum - ADA* 16,088 16,088 Misc. Interior/Exterior Building Projects 10,000 10,000 10,000 10,000 40,000 Security - City Wide Upgrades - Door Hardware 75,000 75,000 Art Center - Ceiling Tile Replacement 10,000 10,000 10,000 30,000 Art Center - Awning 7,000 7,000 Art Center - Parking Lot Resealing 16,000 16,000 Art Center - Parking Lot Lighting 50,000 50,000 Art Center - ADA* 22,905 22,905 Barton Park - Replace Monument Sign & Paint Restroom 5,000 5,000 Barton Park - Restroom Renovation 0 Barton Park - Restroom Renovation - ADA 0 Betty Thomas Neighborhood Park - Pavilion Wood Sealing 3,000 3,000 Betty Thomas Neighborhood Park - Parking Lot Resealing ADA 4,200 4,200 Betty Thomas Neighborhood Park - Spit Rail Fence 0 Betty Thomas Neighborhood Park - Playground Equipment 0 Betty Thomas Neighborhood Park - Basketball Court Fence 0 Betty Thomas Neighborhood Park - Tables and Cans 12,000 12,000 Betty Thomas Neighborhood Park - Tables and Cans ADA 9,000 9,000 Bicentennial Park - ADA* 2,558 2,558 Boynton Lakes Park - Park Furnishing 5,000 5,000 Boynton Lakes Park - Playground Equipment & Gazebo Painting 32,000 32,000 Boynton Lakes Park - Playground Equip & Gazebo Painting ADA 9,000 9,000 Boynton Beach Memorial Park (Cemetery) - ADA* 29,145 29,145 Carolyn Sims Center and Denson Pool - Paint exterior 25,000 25,000 Carolyn Sims Center- Sealcoat Parking Lot ADA 12,000 12,000 Carolyn Sims Center-SealcoatParking Lot 11,000 11,000 Carolyn Sims CenterPlaygroundequipment replacement 0 Carolyn Sims CenterPaintPavilion and table 10,000 10,000 Carolyn Sims CenterPaintsite lighting poles and fixtures 30,000 30,000 Carolyn Sims Center - HVAC Replacement 0 Congress Ave Barrier Free Park - Paint Poles 12,000 12,000 Congress Ave Barrier Free Park - Restroom Refurbishment 29,000 29,000 Congress Ave Pavilions painting 0 Congress Ave Barrier Free Park - Playground 200,000 Edward Harmening Arbor Park - ADA* 3,756 3,756 Forest Hill Park - Basketball court upgrades 0 Forest Hill Park - Playground Replacement ADA 0 Forest Hill Park - Playground Replacement 0 Galaxy Park - ADA* 3,548 3,548 Hester Center - Basketball Court Resurfacing 12,000 12,000 Hester Center - Park Furnishing 15,000 15,000 Hester Center Building - Lobby Renovation Architect Services 30,000 30,000 Hester Center Building - Lobby Renovation Construction 150,000 150,000 Hester Center Ball fields - Football fence 20,000 20,000 Hester Center Ball fields - Paint pavilion 5,000 5,000 Hester Ball fields - Restroom Refurbishment 0 Hester Ball fields - Restroom Refurbishment ADA 0 Hester Center Building - Exterior Painting 0 Hester Center - East Irrigation Well 40,000 40,000 Hester Center Building - Game room carpeting 0 Hester Center Building - Game room restrooms and ADA 0 Hester Center Building -HVAC 300,000 300,000 Hester Center Building - Administration Offices Drainage Repair 25,000 25,000 Hester Center - Playground Equipment 100,000 100,000 Hester Center - Playground Equipment for ADA 360,000 360,000 Hester Center - Playground Restroom Painting 6,000 6,000 Hester Center - Pavilion Painting and roofing 8,000 8,000 Hester Center - Parking Lot Seal Coat ADA 25,000 25,000 Hester Center - Scrub Fence 60,000 60,000 Page 174 of 224 Hester Center - Accessible route from Center to Park 8,000 8,000 Hester Center - Playground Restroom Refurbishment 16,000 16,000 Hester Center - Tennis Court Resurfacing 10,000 10,000 Hester Center - Tennis Court Resurfacing ADA 3,000 3,000 Hester Center - Parking Lot Seal Coat Hester Center - Wood Pavilion Painting and roofing 8,000 80,000 80,000 8,000 Hester Center - Wood Pavilion Painting and roofing ADA 500 500 Heritage Park - ADA* 858 858 Hibiscus Park - ADA* 24,164 24,164 Hibiscus Park - Playground Equipment 0 Hibiscus Park - Playground Equipment ADA 0 Intracoastal Park - Carpet Replacement 30,000 30,000 Intracoastal Park - Intracoastal Parking Lot Resealing 45,000 45,000 Intracoastal Park - Sealcoat parking lot 0 Intracoastal Park - Sealcoat parking lot ADA 0 Intracoastal Park - Refurbish restrooms 50,000 50,000 Intracoastal Park - Refurbish restrooms ADA 25,000 25,000 Jaycee Park - Pavilion 41 and 42 Painting 8,000 8,000 Jaycee Park - Interpretive Art 10,000 10,000 Jaycee Park - Restroom Building Exterior Painting 12,000 12,000 Jaycee Park - Park Furnishings 10,000 10,000 Jaycee Park - Parking Lot Resealing 5,000 5,000 Jaycee Park -Replace Playground equipment 0 Jaycee Park -Sealcoat parking lot 0 Jaycee Park -Sealcoat parking lot ADA 0 Jaycee Park -Paint Pavilions 7,000 7,000 Kiwanis Sierra Park - ADA* 2,039 2,039 Knollwood Park - Gazebo Painting 0 Knollwood Park - Gazebo Painting ADA 0 Knollwood Park - Parking Lot 3,000 3,000 Laurel Hills Park - Basketball Court Restoration 8,000 8,000 Laurel Hills Park - Parking Lot 2,000 2,000 Laurel Hills Park - Basketball Court ADA Laurel Hills - Split Rail Fence 20,000 50,000 20,000 50,000 Laurel Hills Park - Playground Equipment 0 Madsen Center - ADA* 28,825 28,825 Mangrove Park - Flooring 7,500 7,500 Mangrove Park - Boardwalk 1,600,000 1,600,000 Mangrove Park - Fence Repair 8,000 8,000 Mangrove Park - Bench replacement 3,000 3,000 Mangrove Park - Interpretive markers 10,000 10,000 Mangrove Park - Refurbish Restrooms 6,000 6,000 Mangrove Park - Refurbish Restrooms ADA 7,000 7,000 Mangrove Park - Sealcoat Parking 12,000 12,000 Mangrove Park - trash can replacement 5,000 5,000 Mangrove Walk at the Marina - ADA* 9,438 9,438 Meadows Park - Restroom Building Exterior Painting 6,000 6,000 Meadows Park - Fitness Trail Equipment 9,000 9,000 Meadows Park - Park Furnishings 25,000 25,000 Meadows Park - Pathways/Sidewalks Repair 75,000 75,000 Meadows Park - Tennis Courts Fencing 12,000 12,000 Meadows Park - Fence Removal 6,000 6,000 Meadows Park - Basketball court 0 Meadows Park - Parking Lot Sealcoat 16,000 16,000 Meadows Park - Restroom Refurbishment 14,000 14,000 Meadows Park - Restroom Refurbishment ADA 8,000 8,000 Meadows Park - Playground Equipment 95,000 95,000 Meadows Park - Playground Equipment ADA 16,000 16,000 Meadows Park - Tennis Court Resurfacing and Fencing 0 Meadows Park - Restroom Painting 7,000 7,000 Miscellaneous Small Parks Projects 10,000 10,000 10,000 10,000 40,000 Page 175 of 224 Oceanfront Park - Parking Lot Lights 30,000 30,000 Oceanfront Park - Sealcoat parking lot 60,000 60,000 Oceanfront Park - Sealcoat parking lot ADA 7,000 7,000 Oceanfront Park - Paint beachfront buildings and pavilion 20,000 20,000 Oceanfront Park - Asphalt pathway 35,000 35,000 Oceanfront Park - Stairway retaining wall 15,000 15,000 Oceanfront Park - Refurbish restrooms 6,000 6,000 Oceanfront Park - Refurbish restrooms ADA 6,000 6,000 Oceanfront Park - South and Center Shade Sail poles 38,000 38,000 Oceanfront Park - Shade sail poles Oceanfront Park - Playground replacement 25,000 25,000 0 Oyer Park - Parking Lot Resealing 100,000 100,000 Oyer Park - Shade Sails 15,000 15,000 Oyer Park - Coast Guard Bldg. and pavilion painting 14,000 14,000 Oyer Park - Coast Guard Bldg. and pavilion painting ADA 2,000 2,000 Oyer Park - Coast Guard Bldg. window replacement 7,000 7,000 Oyer Park - Coast Guard Bldg. window replacement ADA 7,000 7,000 Oyer Park - Dredge Channel 100,000 100,000 Oyer Park - Restroom Refurbishment 8,000 8,000 Oyer Park - Restroom Refurbishment ADA 7,000 7,000 Oyer Park - Fishing Pier deck replacement 0 Oyer Park - Playground Replacement 0 Oyer Park - New Dumpster Enclosure 15,000 15,000 Oyer Park - Paint Restroom Exterior 5,000 5,000 Palmetto Greens Linear Park - Playground ADA 4,000 4,000 Palmetto Greens Linear Park-Replace/maintain Picnic tables ADA 5,000 5,000 Palmetto Greens Linear Park - Paint pavilion 3,000 3,000 Palmetto Greens Linear Park - Overlay internal park path 8,000 8,000 Palmetto Greens Linear Park - Overlay internal park path ADA 4,000 4,000 Palmetto Greens Linear Park - Playground 0 Palmetto Greens Linear Park - Playground ADA 0 Parks -Furnishings (Cans, benches, picnic tables, etc.) 5,000 5,000 5,000 5,000 20,000 Pence Park - Park Furnishings 6,000 6,000 Pence Park - Basket Ball Court 0 Pence Park - Basket Ball Court ADA 0 Pence Park - Playground Replacement 0 Pence Park - Playground Replacement ADA 0 Pence Park - Paint Restroom exterior 5,000 5,000 Pence Park -Restroom refurbishment 6,000 6,000 Pence Park -Restroom refurbishment ADA 14,000 14,000 Pence Park - Parking Spaces, new ADA 5,000 5,000 Pioneer Canal Park - Fishing Pier Repair 8,000 8,000 Pioneer Canal Park - Fishing Pier Path ADA 8,000 8,000 Pioneer Canal Park - Split Rail Fence 75,000 75,000 Pioneer Canal Park - Tennis Court Fencing 15,000 15,000 Pioneer Canal Park - Basketball and Tennis Courts 16,000 16,000 Pioneer Canal Park - Basketball and Tennis Courts ADA 18,000 18,000 Pioneer Canal Park - Can, Benches and Grills 10,000 10,000 Pioneer Canal Park - Replace Boat Ramps 0 Pioneer Canal Park - Parking Lot 10,000 10,000 Pioneer Canal Park - Playground Equipment 0 Pioneer Canal Park - Refurbish Volleyball court ADA 14,000 14,000 Pioneer Canal Park - Restroom Refurbishment 13,000 13,000 Pioneer Canal Park - Restroom ADA 16,000 16,000 Sara Sims Park - Basketball Court Restoration 8,000 8,000 Sara Sims Park - Park Furnishings 9,000 9,000 Sara Sims Park - Restroom Renovation 20,000 20,000 Sara Sims Park Restroom Renovation ADA 13,000 13,000 Sara Sims Park Irrigation Upgrade 100,000 100,000 Sara Sims Park Parking Lot 40,000 40,000 Sara Sims Park Parking Lot ADA 7,000 7,000 Page 176 of 224 Sara Sims Park Pavilion 40,000 40,000 Sara Sims Park Water Fountain 12,000 12,000 Sara Sims Park - ADA* 30,198 30,198 Senior Center - Flooring 38,000 38,000 Senior Center - Patio & Awning Repairs 8,000 8,000 Tennis Center - Parking Lot Sealcoat 30,000 30,000 Tennis Center - Parking Lot Sealcoat ADA 5,000 5,000 Tennis Center - Parking Lot Median Upgrade 48,000 48,000 Tennis Center - Clubhouse Repairs 41,000 41,000 Tennis Center - Clubhouse Repairs ADA 1,000 1,000 Tennis Center -Entry Sign 3,000 3,000 Tennis Center - Entry Roadway Rehab Veterans Park - ADA* Citywide Public Safety Radio System Fire Training Site at Rolling Green Fire Station 2, 4, & 5 - Kitchen Renovations Fire Station 43 - Parking Lot Resealing Fire Station 44 - Exterior Painting Fire Station #3 - Apparatus bay ceiling Fire Station #3 - Community Room Soffits and Lighting Fire Station #5 - Reseal roof Fire Station #3 - Impact Windows Fire Station #3 - HVAC Condensers Fire Station #2 - Paint Building exterior Fire Station #3 - Sealcoat parking lot Fire Station #3 - Paint Exterior Fire Station #3 - Kitchen ceiling repair Fire Station 45 - ADA* Fire & Rescue Records Management System Upgrade Police CAD Records Management System Alternative to SunGard/HTE ERP system Network Access Control Sidewalks - Replacement 0 1,072 2,500,000 1,072 2,500,000 100,000 100,000 100,000 100,000 30,000 30,000 45,000 45,000 30,000 30,000 30,000 30,000 55,000 55,000 0 0 30,000 30,000 23,000 23,000 20,000 20,000 20,000 20,000 11,960 190,138 11,960 190,138 190,640 190,640 190,640 190,640 762,560 1,000,000 1,000,000 95,000 75,000 75,000 75,000 75,000 95,000 300,000 Sidewalks Ramp - ADA (estimate) 150,000 150,000 150,000 150,000 600,000 Street Maintenance/Impv. 600,000 600,000 600,000 500,000 2,300,000 Bridge Repair - Maintenance & Improvements 45,000 80,000 45,000 2,000,000 45,000 45,000 180,000 Golf Course Clubhouse - Pre Design/Consultant (TBD) Golf Course Clubhouse - Construction/Renovation (TBD) Golf Course - Pave Cart Paths 250,000 Golf Course - Cart Garage 220,000 Golf Course - Course Restrooms 14,000 Golf Course - Course Restrooms ADA 40,200 Golf Course - Parking 33,000 Golf Course - Parking ADA 8,000 Golf Course - Pavilion 20,000 Total Four Year Maintenance Expenditure as of October 1, 2015 $9,137,813 $5,185,690 $1,879,553 $4,327,402 $17,705,258 Cit, Fleet Deferral Catch Up Costs Current Annual Expenditure 3,094,421 3,218,198 3,346,926 3,480,803 13,140,348 Desired Annual Expenditure 3,777,770 3,928,881 4,086,0371 4,249,4781 16,042,166 Net Additional Fleet Funds Required Annually 683,349 710,683 739,1111 768,675 2,901,818 FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 Boynton Bch Needs to reinstate proper maintenance of non -Utility $9,821,162 $5,896,373 $2,618,664 $5,096,077 $20,607,076 Additional funds desired annually $5,151,769 Page 177 of 224 'IT N N 4- 0 co 12.D. NEW BUSINESS 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-054 -Authorize the Mayor to sign an Interlocal Agreement among Palm Beach County, The School Board of Palm Beach County, Florida and the signatory municipalities pertaining to the shared distribution and use of the one cent local government infrastructure surtax EXPLANATION OF REQUEST: On March 22, 2016 the Board of County Commissioners (BCC) approved plan for a one -cent infrastructure surtax. The life of the surtax will not exceed ten years. This initiative includes the County, School Board and the Municipalities. The distribution will be 48% for the School Board, 27.5% for the County, 4.5% for Economic Development Cultural Facilities and 1.5% for Economic Development Incentives. The remaining 18.5% will be distributed to the Municipalities. In order to include the School Board in the initiative and change the distribution of the surtax revenues, Florida Statutes require an Interlocal Agreement between the Municipalities and the County approving the distribution plan. Statutes require that a "majority" of the municipal population (at least 51%) must agree in order for the County to move forward. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This is the first comprehensive, countywide infrastructure surtax plan in the County's history. This initiative will provide much needed funding for the county and the cities in Palm Beach County. FISCAL IMPACT. If approved by the voters, the initiative will generate approximately $3.9M in annual revenue to the city (for ten years) as a revenue source for our capital improvement program. ALTERNATIVES: Not adopt the ILA. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 179 of 224 ATTACHMENTS: Type D Resolution D Agreement REVIEWERS: Department City Manager Finance Legal City Manager Description Resolution - ILA Surtax ILA W th PBC for surtax Reviewer Action LaVerriere, Lori Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 3/31/2016 - 9:50 AKA 3/31/2016 - 9:55 AKA 3/31/2016 - 12:03 IIIA 3/31/2016 - 4:10 IIIA Page 180 of 224 1 RESOLUTION NO. RI6- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN 5 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY, 6 THE SCHOOL BOARD OF PALM BEACH COUNTY AND THE 7 SIGNATORY MUNICIPALITIES PERTAINING TO THE SHARED 8 DISTRIBUTION AND USE OF THE ONE CENT LOCAL 9 GOVERNMENT INFRASTRUCTURE SURTAX AND PROVIDING 10 FOR AN EFFECTIVE DATE. 11 12 WHEREAS, on March 22, 2016, the Board of County Commissioners approved a 13 plan for a one -cent infrastructure surtax; and 14 WHEREAS, in order to include the School Board in the initiative and change the 15 distribution of the surtax revenues, Florid Statutes require an Interlocal Agreement between 16 the Municipalities and the County approving the distribution plan; and 17 WHEREAS, the plan approved by the Board of County Commissioners allocated the 18 sales tax proceeds as follows: 48 percent to the School District; 27.5 percent to the County; 19 18.5 percent to the 38 municipalities within Palm Beach County; 4.5 percent to the cultural 20 institutions; and 1.5 percent to economic development; and 21 WHEREAS, the City Commission of the City of Boynton Beach, upon 22 recommendation of staff deems it to be in the best interests of the residents and citizens of the 23 City of Boynton Beach to approve and authorize the Mayor to sign the Interlocal Agreement 24 between Palm Beach County, The School Board of Palm Beach County and the signatory 25 municipalities. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AS C:\Users\Pylej\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\06vZXH BD\I LA_With_PBC_One_Cent_Surtar_Distribution_-_Reno, Doc Page 181 of 224 29 Section 1. Each Whereas clause set forth above is true and correct and 30 incorporated herein by this reference. 31 Section 2. The City Commission of the City of Boynton Beach, upon recommendation 32 of staff deems it to be in the best interests of the residents and citizens of the City of Boynton 33 Beach to approve and authorize the Mayor to sign the Interlocal Agreement between Palm 34 Beach County, The School Board of Palm Beach County and the signatory municipalities, a 35 copy of the Interlocal Agreement is attached hereto as Exhibit "A". 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this — day of 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Commissioner — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk VOTE (Corporate Seal) C:\Users\Pytej\Appdata\Local\Microsoft\Windows',Temporary Internet F i I es\Con tent. IE 5\06 VZXHBD% I LA—With—PBC—On c—Cent--Surtax—D istribution---Reso, Doc Page 182 of 224 NGN Draft No.8 3/24/16 046.19 INTERLOCAL AGREEMENT AMONG PALM BEACH COUNTY, THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, AND THE SIGNATORY MUNICIPALITIES PERTAINING TO THE SHARED DISTRIBUTION AND USE OF THE ONE CENT LOCAL GOVERNMENT INFRASTRUCTURE SURTAX THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of this day of , 2016, by and between PALM BEACH COUNTY ("County"), a political subdivision of the State of Florida, THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic of the state of Florida ("School Board"), and the following incorporated municipalities (collectively referred to hereinafter as "MUNICIPALITIES"): [insert list of signatory municipalities] WITNESSETH: WHEREAS, pursuant to section 212.055(2), Florida Statutes (2015), the County intends to authorize by Ordinance the imposition of a one percent (1.0%) local government infrastructure sales surtax ("Surtax") upon taxable transactions occurring in Palm Beach County and has provided for distribution of the proceeds from the Surtax subject to the outcome of a countywide referendum on November 8, 2016; and WHEREAS, the Municipalities are located within Palm Beach County, are eligible to receive a portion of the Surtax, represent a majority of the County's municipal population, and desire to jointly establish with the County the distribution formula for the proceeds of the Surtax in accordance with section 212.055(2)(c)(1), Florida Statutes (2015); and WHEREAS, section 212.055(2)(c)(1), Florida Statutes (2015), provides that this Agreement may include a school district with the consent of the county governing authority and 1 Page 183 of 224 the governing bodies of the municipalities representing a majority of the county's municipal population; and WHEREAS, the parties to this Agreement desire to work together in order to promote the safe, efficient, and uninterrupted provision of numerous essential public services provided by the County, the Municipalities, and the School Board, including but not limited to safe and efficient transportation infrastructure, public safety, parks and recreational facilities, governmental facilities, better water quality through improved stormwater management, and quality public education; and WHEREAS, the parties desire to provide economic development projects and incentives as allowed under Florida Statutes; and WHEREAS, the parties to this Agreement shall each be responsible for the adoption of project lists that will be funded from the Surtax Proceeds, subject to future revisions by the governing body of each applicable entity. NOW THEREFORE, in consideration of the promises, covenants, and commitments contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged set forth herein, the parties agree as follows: SECTION 1. RECITALS. The foregoing recitals are true and correct and are hereby incorporated into and become a part of this Agreement. SECTION 2. TERM. This Agreement shall become effective when approved by the governing bodies of the County, the requisite number of Municipalities, and the School Board pursuant to section 212.055(2)(c)(1), Florida Statutes (2015). This Agreement shall remain in effect for the life of 2 Page 184 of 224 the Surtax imposed pursuant to the County Ordinance imposing the Surtax (the "Ordinance") and until all Surtax Proceeds, as defined in Section 2 below, are expended by the respective parties. SECTION 3. DISTRIBUTION PERCENTAGES. (a) The Surtax Proceeds, defined as the collected Surtax less the amounts retained by the Florida Department of Revenue for administrative expenses pursuant to section 212.055(2), Florida Statutes (2015), derived from the Surtax levied and imposed by the County shall be distributed by the Department of Revenue directly to the parties to this Agreement as follows: � � I � 1 � � 7 S S S S i � S s S S s 1 z J. 1 s r l i 1 I 1 1 � j1 r. S t i { Palm Beach County 33.5% (includes 4.5% for economic development cultural facilities and at least 1.5% for economic development incentives ) School Board of Palm Beach 48% County, Florida Municipalities within Palm 18.5% (to be divided Beach County proportionately among them based on population in the manner as set forth in Section 218.62(3), Florida Statutes for distribution of the half -cent sales tax to municipalities; provided that the County's share received shall be as described herein and not pursuant to Section 218.62, Florida Statutes). (b) Distribution of the Surtax Proceeds hereunder shall be made monthly by the Department of Revenue from the Discretionary Surtax Clearing Trust Fund directly to the County, the Municipalities, and the School Board as to their respective shares of Surtax Proceeds during the term of this Agreement commencing on or about January 2017 and each 3 Page 185 of 224 month thereafter during the term of this Agreement. SECTION 4. USE OF SURTAX PROCEEDS. The parties to this Agreement each certify that all Surtax Proceeds shall be expended only as permitted by section 212.055(2), Florida Statutes and the ballot language of the November 8, 2016 referendum. The County, the Municipalities, and the School Board shall each be separately responsible for the adoption of project lists that will be funded from the Surtax Proceeds, subject to future revisions by the governing body of each applicable entity. Any future revisions of the resolution(s) of the individual parties shall not require an amendment to this Agreement or the joinder and consent of the other parties. SECTION 5. CREATION OF CITIZEN OVERSIGHT COMMITTEES. (a) The County, the Municipalities, and the School Board shall each separately provide for the creation of citizen oversight committees ("Committee" or collectively "Committees") to provide for citizen review of their respective expenditure of Surtax Proceeds, as soon as possible after the Surtax becomes effective, but not later than the date on which Surtax funds are first expended. A Municipality may either participate in an oversight committee created by the Palm Beach League of Cities or create its own committee. (b) The Committees shall serve as advisory and reporting bodies to the creating entities. Each creating entity shall establish specific duties and membership requirements governing Committee operations and participation. (c) The Committees shall meet monthly, or as otherwise needed to fulfill their duties and responsibilities. Each Committee shall provide an annual report to the governing board of the entity which created it no later than December 31 of each year for acceptance. 11 Page 186 of 224 duties. (d) Committee members shall receive no compensation for the performance of their (e) The Committees, their members, and all their proceedings shall be governed by and comply with the provisions of the Florida Sunshine Law, Chapter 286, Florida Statutes, the Florida Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112, Florida Statutes, and all other applicable local or state statutes, ordinances, or rules. SECTION 6. MUTUAL COOPERATION. Each party agrees to work cooperatively and in good faith, individually and collectively, with the other parties to this Agreement on matters that are included and beyond the scope of this Agreement. SECTION 7. MISCELLANEOUS. (a) This Agreement is the entire agreement between the parties and all understandings and agreements are incorporated in this Agreement. This Agreement supersedes any prior agreements between the parties relating to Surtax. (b) Nothing contained in this Agreement shall be construed to create the relationship of principal and agent, partnership, joint venture or any other relationship between the parties hereto. (c) The parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this Agreement. None of the parties intend to directly or substantially benefit a third party by this Agreement. The parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against any of the parties based upon this Agreement. Nothing herein shall be construed as consent by an agency or political subdivision of the State of Florida to be 5 Page 187 of 224 sued by third parties in any matter arising out of any contract. (d) Each party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non-compliance with that law. (e) In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, unlawful, unenforceable or void in any respect, the invalidity, illegality, unenforceability or unlawful or void nature of that provision shall not effect any other provision and this Agreement shall be considered as if such invalid, illegal, unlawful, unenforceable or void provision had never been included herein. (f) This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflict of laws provisions. The parties agree that any controversies or legal disputes arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida. (g) A copy of this Interlocal Agreement and all subsequent amendments hereto shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, upon its execution by all parties hereto. I Page 188 of 224 IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representative, have caused this Local Government Infrastructure Surtax Interlocal Agreement to be duly executed in counterparts by their respective and duly authorized officers as of the date set forth above. PALM BEACH COUNTY, FLORIDA IM (SEAL) ATTEST: Sharon R. Bock, Clerk & Comptroller Circuit Court By: Deputy Clerk Mary Lou Berger Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY IM County Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2016, by MARY LOU BERGER, as Mayor of PALM BEACH COUNTY, FLORIDA a political subdivision of the State of Florida, on behalf of Palm Beach County, Florida. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: 7 Page 189 of 224 THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: Chuck Shaw, Chairman 0 STATE OF FLORIDA COUNTY OF PALM BEACH Robert M. Avossa, Ed.D., Superintendent The foregoing instrument was acknowledged before me this day of , 2016, by Chuck Shaw, as Chairman of THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, on behalf of the School Board of Palm Beach County, Florida. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2016, by Robert M. Avossa, Ed.D., as Superintendent of THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, on behalf of the School Board of Palm Beach County, Florida. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: Page 190 of 224 CITY OF BOYNTON BEACH, FLORIDA Bv: Name: Steven B Grant Title: Mayor STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of April, 2016, by Steven B. Grant, as Mayor of THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation and a public body corporate and politic of the State of Florida, on behalf of the City of Boynton Beach, Florida. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: CITY OF , FLORIDA By: _ Name: Title: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2016, by , as of THE CITY OF FLORIDA, a municipal corporation and a public body corporate and politic of the State of Florida, on behalf of the City of , Florida. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: 7 Page 191 of 224 CITY OF , FLORIDA By: _ Name: Title: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by , as of THE CITY OF FLORIDA, a municipal corporation and a public body corporate and politic of the State of Florida, on behalf of the City of , Florida. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: CITY OF , FLORIDA By: _ Name: Title: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by , as of THE CITY OF FLORIDA, a municipal corporation and a public body corporate and politic of the State of Florida, on behalf of the City of , Florida. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: 10 Page 192 of 224 13.A. LEGAL 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-007 - SECOND READING - PUBLIC HEARING - Approve and authorize creating Part II, Chapter 2, Article 5, Section 2-93 of the code of ordinances for a Conditional Lien Encumbrance Reduction Program. EXPLANATION OF REQUEST: On April 1st, 2014 the City Commission adopted Resolution No. R14-032 establishing a pilot Conditional Lien Waiver Program for an evaluation period of one year. On March 17th, 2015 the City Commission adopted Resolution No. R15-026 extending the pilot program for one additional year and minor changes to streamline the program. The program was designed to assist in the redevelopment of commercial and residential properties by administratively settling City code liens which often pose a barrier to obtaining clear and marketable title. The clear and marketable title in turn gives the interested property owners the ability to gain needed financing to bring properties into compliance or will allow for the transfer of title to the new property owner interested in bringing the properties into compliance. Two of the major successes of the pilot Conditional Lien Waiver Program were evidenced as Yachtsman's Plaza and the old Denny's building was successfully sold to new owners on 12/30/14 and 8/28/15. The new owner of Yachtsman's Plaza has completed major renovations to the plaza which included landscaping, irrigation, asphalt overlay, facade improvements, and signage. The total investment to the plaza is in excess of $600,000 dollars. The new owner of the old Denny's building is in the process of completing major renovations to the site which included landscaping, irrigation, lighting, facade improvements, interior renovations, and signage. In total the investment in the site and building is in excess of $725,000 dollars. Staff is recommending the creation of a permanent conditional Lien Waiver Program as part of the Code of Ordinances. Additionally the program is being amended to provide changes to help streamline the process and continue to provide cost recovery. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Conditional Lien Waiver Program is another tool that can be used by the Code Compliance and Economic Development Divisions to assist in brining chronically blighted/nuisance properties that possess City code liens, into compliant, productive, properties. FISCAL IMPACT. Budgeted Currently the program is being administered by current Code Compliance and Building Division staff. ALTERNATIVES: Do not codify the Conditional Lien Waiver Program and extend pilot program for one additional year or do not codify the Conditional Lien Waiver Program, allow the program to sunset, and require applicants to go through the lien reduction process. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable Page 193 of 224 STRATEGIC PLAN APPLICATION: This item supports Strategic Plan Goal #1 - Great Neighborhoods: Safe, Affordable and Livable ; Objective #1 - Remove blighted structures, building, and homes; Short Term Challenges and Opportunities #4 - Consistent and supported code compliance. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type REVIEWERS: Department City Clerk Description Ordinance on Conditional Lien Encumbrance Program Reviewer Action Date Pyle, Judith Approved 3/31/2016 1/2 1 - 10:42 AM Page 194 of 224 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 2, ARTICLE V, OF THE CODE OF ORDINANCES ENTITLED "CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE", CREATING A NEW SECTION 2-93, "CONTINGENT LIEN/ENCUMBERANCE SETTLEMENT PROGRAM"; AMENDING PART II, CHAPTER 2, ARTICLE V. "CODE COMPLIANCE BOARD; SPECIAL MAGISTRATE", SECTION 2-85, "CRITERIA FOR LIEN REDUCTION" BY ADDING A NEW SECTION (4); PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission established a pilot Conditional Lien Waiver Program in 2014 for a period of one year which was designed to assist in the redevelopment of commercial and residential properties by administratively settling City code liens which often pose a barrier to obtaining clear and marketable title; and WHEREAS, the clear and marketable title in turn gives the interested property owners (a/k/a "contract purchasers") the ability to gain needed financing to bring properties into compliance or will allow for the transfer of title to the new property owner interested in bringing the property into compliance; and WHEREAS, the Conditional Lien Waiver Program, which will be re -designated "Contingent Lien/Encumbrance Settlement Program" to reflect that release of the City's lien is contingent on the contract purchaser actually closing on the purchase of the encumbered property and correcting code violations is another tool that can be used by the Code Compliance and Economic Development Divisions to assist in bringing chronically blighted/nuisance properties that possess City code liens into compliant, productive properties; and WHEREAS, the City Commission, deems it appropriate and in the best interests of the citizens and residents of the City of Boynton Beach to approve and authorize the {00119847.1 306-9001821 } Words in ke thr-etigk type are deletions from existing law; Words in underlined type are additions. Page 195 of 224 32 33 34 35 36 37 Contingent Lien/Encumbrance Settlement Program. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 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 Ordinance upon adoption hereof, as if fully set forth herein. 38 Section 2. Part 11, Chapter 2, Article V, "Code Compliance Board; Special 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Magistrate", is amended by creating a new Section 2-93 of the Code of Ordinances entitled "Contingent Lien/Encumbrance Settlement Program," to read as follows: 1. The Citv may enter into a Contingent Lien/Encumbrance Settlement Agreement (hereinafter "Agreement") with a contract purchaser of real property when the City determines the Agreement will advance, in the City's sole discretion, the development or re -development of a chronically blighted/nuisance property. An Agreement with the City is an opportunity and not a matter of rim 2. A party who has a contract to purchase real property encumbered by a City lien or a property on which daily code compliance fines are accruing may submit a written application to the Code Compliance Division by fully completing the City's application. Incomplete applications shall be returned to the applicant prior to acceptance by the City, and if not returned with all required information completed within thirty (30) days the application shall be considered withdrawn. 3. The applicant shall pay a non-refundable application fee of one thousand dollars ($1,000), payable at the time the application is submitted. The amount of the application fee may be revised by the City Commission by resolution. 4. Upon receipt of an application, the City shall confirm that subject property is free of all outstanding debts (including taxes) due to the city. The Agreement shall delineate all outstanding debt owed to the City and settlement amount of each and a total settlement amount. 5. In addition to the documentation required as part of the application, the applicant may provide any documentation, including, without limitation, photographs, receipts, permits, and similar items, which the applicant wishes to have considered as part of the request. 6. Upon the City's receipt of a complete application and payment of the application fee, a City code enforcement officer shall inspect the applicant's property to {00119847.1 306-9001821 } Words in ke thr-etigh type are deletions from existing law; Words in underlined type are additions. Page 196 of 224 71 ascertain outstanding violations existingat t the property. The code enforcement officer 72 shall provide the applicant with a written explanation of the remaining items that 73 must be completed in order to bring the property into compliance. 74 75 7. Upon the completion of the property inspection, the Code Compliance Coordinator 76 and Building Official, or their department designee, and any other member of City 77 staff designated by the City Manager, shall consider the factors required by this 78 section and determine the amount to which the accrued fines set forth in the lien(s) 79 should be reduced, if at all, and an appropriate time for bring the property into 80 compliance. This time for compliance is subject to negotiation and reflected in the 81 Agreement. The Agreement shall contain a provision for recordation of new liens 82 against the property due to failure to comply. 83 84 8. When determining a settlement amount, the Code Compliance Coordinator and 85 Building Official, or their department designee, and any other member of City staff 86 designated by the City Manager, shall consider the following: 87 88 a) The gravity of the violation, 89 b) Efforts, if any, taken by the violator/property owner to come into compliance, 90 c) Efforts, if any taken by the contract purchaser to come into compliance on other 91 properties in the City in which the contract purchaser has or had an interest, 92 d) Any previous code violations by violator or contract purchaser, 93 e) the length the violation remained in place, any difficulties or unique circumstances 94 affecting the ability to come into compliance, 95 f) the level of investment necessary to bring the property into compliance, 96 g) accrued amount of the lien, 97 h) current property value compared to the accrued lien, 98 i) time and incurred costs by City to bring the property into compliance, 99 j) current ownership of the property, ie. Owner -occupied, REO or investment 100 property and any other factors the City deems relevant. 101 102 9. The City's costs of enforcement, including, without limitation, any charges resulting 103 from City's abatement of health and safety violations on the property and 104 administrative costs shall be listed separately in the Agreement and may 105 not be mitigated or reduced. 106 107 10. The Agreement shall indicate the status of the violations on the property, the total fine 108 accrual, the lien settlement amount, the administrative fees and costs incurred by the 109 City, a provision stating that the City's agreement to settle the liens is contingent on 110 the owner/buyer entering into a Agreement with the City to bring the property into 111 compliance, and the Agreement by a date certain. If there are any outstanding debts 112 owed to the City, the agreement shall indicate that the City's agreement to settle and 113 provide a release of the lien(s) is conditioned upon the owner/buyer providing the City 114 with proof of payment. 115 {00119847.1 306-9001821 } Words in ke thr-etigk type are deletions from existing law; Words in underlined type are additions. Page 197 of 224 116 11. The Agreement constitutes on offer by the City to settle the City liens or claims. The 117 City's offer is deemed withdrawn if not accepted by the contract purchaser and 118 returned to the City within thirty (30) days. 119 120 12. If more than thirty (30) days elapse from the date of the issuance of the City's offer, 121 the Applicant shall submit an updated Application, and a re -inspection fee in the 122 amount of $150.00 so the City may confirm whether the condition of the property has 123 changed. Upon re -inspection, the City shall provide an updated offer of Agreement, 124 valid for an additional thirty (30) days. City staff may in its sole discretion waive this 125 requirement if the Property is scheduled to close within five (5) days of the expiration 126 of the previously issued offer of Agreement. An extension granted pursuant to this 127 Section shall only be granted by the Cites 1) time. If additional extensions are 128 required, the Applicant shall be required to submit a new application in accordance 129 with Paragraphs 1, 2, and 3 above. 130 131 13. The City is authorized at its sole discretion to grant no more than two extensions to the 132 agreement for a period not to exceed 90 days each. The extension shall be requested in 133 writing with justifiable cause demonstrated prior to the expiration of the stipulated 134 agreement. The City shall assess a fee of 10% of the lien settlement amount as an 135 extension fee. 136 137 14. If the name of the actual buyer/applicant changes after the issuance of the City's 138 Agreement, the Applicant shall be required to submit a new application in accordance 139 with Paragraphs 1, 2, and 3 above. 140 141 15. An Agreement is not assignable. 142 143 Section 3. Part II, Chapter 2, Article V, "Code Compliance Board; Special 144 Magistrate", Section 2-85(4) of the Code of Ordinances is amended to read as follows: 145 146 Sec. 2-85. Criteria for lien reduction. 147 148 The following criteria must be complied with prior to a lien reduction hearing before the 149 Code Compliance Board or Special Magistrate: 150 151 (1) The property in question must be in total code compliance and an affidavit of 152 compliance must be issued for the code compliance case that is being appealed. 153 154 (2) The subject property must be free of all outstanding debts (including taxes) due the 155 city. 156 (3) An application fee of two hundred dollars ($200.00) must be included for the 157 application to be processed. 158 (4) This section does not apply to lien waivers or reductions are sought in conjunction 159 with redevelopment of commercial and residential properties pursuant to the 160 provisions of Section 27-93 of this Chapter. {00119847.1 306-9001821 } Words in ke thr-etigh type are deletions from existing law; Words in underlined type are additions. Page 198 of 224 161 162 163 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be 164 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in 165 no way affect the validity of the remaining portions of this Ordinance. 166 Section 5. It is the intention of the City Commission of the City of Boynton Beach, 167 Florida, that the provisions of this Ordinance shall become and be made a part of the City of 168 Boynton Beach Code of Ordinances; and that the sections of this ordinance may be 169 renumbered or relettered and the word "ordinance" may be changed to "section," "article," or 170 such other appropriate word or phrase in order to accomplish such intentions. 171 Section 6. This Ordinance shall become effective on the date of second reading set 172 forth below. All changes, additions, and implementation of any rate or fee shall take effect 173 immediately. 174 FIRST READING this day of , 2016. 175 SECOND, FINAL READING AND PASSAGE this day of 176 2016. 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE {00119847.1 306-9001821 } Words in ke thr-etigk type are deletions from existing law; Words in underlined type are additions. Page 199 of 224 193 194 ATTEST: 195 196 197 198 Judith A. Pyle, CMC 199 Interim City Clerk 200 201 202 203 (Corporate Seal) 204 205 {00119847.1 306-9001821 } Words in ke thr-etigk type are deletions from existing law; Words in underlined type are additions. Page 200 of 224 13. B. LEGAL 4/5/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/5/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-008 - SECOND READING - PUBLIC HEARING - Approve the annual update to the Five -Year Capital Improvements Schedule of the Capital Improvements Element of the City's Comprehensive Plan. EXPLANATION OF REQUEST: This item is the 2015/2016 annual update of the Five -Year Capital Improvements Schedule, a component of the City's Comprehensive Plan's Capital Improvements Element. The schedule is reviewed annually by the City to reflect the timing, location and funding of capital projects to achieve and maintain, over the five-year period, the adopted level of service standards for public facilities that are necessary to implement the comprehensive plan. The update has been prepared in compliance with Chapter 163.3177, Florida Statutes, which requires that the Capital Improvement Schedule be approved by ordinance. (Note that the budget for the fiscal year 2015/2016, including capital outlays for the subject period, was adopted by the City Commission on September 15, 2015, by Resolution R15-110.) With the 2011 legislative changes, local government are no longer required to submit the annual update of the Five -Year Capital Improvements Schedule to the state land planning agency (now the Department of Economic Opportunity) for review. Prior to 2011, the update had to be transmitted as a comprehensive plan text amendment to the former state land planning agency, Department of Community Affairs. Other amendments to the Capital Improvements Element outside of the five-year schedule, such as policy changes, level of service standard changes, etc., are still subject to the state review. The update comprises the five-year improvements plan of the Palm Beach County School District as required by the state. Local governments must also add transportation improvements included in the applicable metropolitan planning organization's transportation improvements program to the a)dent that such improvements are relied upon to ensure concurrency and financial feasibility. In compliance with this requirement, the update contains the 1-95/ Woolbright Road Interchange Project. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The update reflects the Capital Improvements Plan approved by the City Commission as part of the Fiscal Year 2015/2016 Budget on September 15, 2015. FISCAL IMPACT. N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 201 of 224 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving annual update to the Five Year Capital Improvements Schedule D Other Project schedule D Other Project Funding D Other Utilities Project Schedule D Other Utilities Projects Funding D Other PBC School District Projects D Other FDOT projects REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 3/31/2016 - 10:44 AM Page 202 of 224 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ANNUAL UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULE OF THE CAPITAL IMPROVEMENTS ELEMENT (CIE) OF THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section 163.3177, Florida Statutes, requires that the Capital Improvement Element of the City's Comprehensive Plan be updated; and WHEREAS, this item is the 2015/2016 annual update of the Five -Year Capital Improvements Schedule, a component of the City's Comprehensive Plan's Capital Improvements Element; and WHEREAS, the schedule is reviewed annually by the City to reflect the timing, location and funding of capital projects to achieve and maintain, over the five-year period, the adopted level of service standards for public facilities that are necessary to implement the comprehensive plan; and WHEREAS, the update has been prepared in compliance with Section 163.3177, F.S., which requires that the Capital Improvement Schedule be approved and adopted by the governing body of the local government by Ordinance; and WHEREAS, the proposed 2016 CIE update reflects the Capital Improvement Plan approved by the City Commission as part of the Fiscal year 2015-2016 Budget on September 15, 2015; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Page 1 of 3 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\CF7618B5-65D9-4277-87A2-DF71000A7FD8\Boynton Beach.2914.1.CIE_2016 Updates _-_Ordinance.doc Page 203 of 224 28 Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correct 29 and incorporated herein by this reference. 30 Section 2. In order to comply with the provisions of Chapter 163, Florida Statutes, 31 the City Commission hereby approves the annual update to the Five -Year Capital 32 Improvements Schedule of the Capital Improvements Element of the City's Comprehensive 33 Plan a copy of which is attached hereto as Exhibit "A" and incorporated herein. 34 Section 3. The City Commission hereby certifies that it shall and will conduct such 35 public hearings as may be required pursuant to Chapter 163, Florida Statutes, as amended, in 36 order to adopt the Comprehensive Plan Amendments and so directs the City Administration to 37 conduct and publish same, as provided by general law. 38 Section 4. If any clause, section or other part of this Ordinance shall be held by any 39 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 40 invalid part shall be considered as eliminated and in no way affecting the validity of the other 41 provisions of this Ordinance. 42 Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of 43 Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such 44 conflict. 45 Section 6. This Ordinance shall become effective upon its passage and adoption. :• Page 2 of 3 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\CF7618B5-65D9-4277-87A2-DF71000A7FD8\Boynton Beach.2914.1.CIE_2016 Updates _-_Ordinance.doc Page 204 of 224 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 :1 FIRST READING this day of , 2016. SECOND, FINAL READING AND PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) YES NO , 2016. Page 3 of 3 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\CF7618B5-65D9-4277-87A2-DF71000A7FD8\Boynton Beach.2914.1.CIE_2016 Updates _-_Ordinance.doc Page 205 of 224 CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT SCHEDULE FY 2015/16 - FY 2019/20 PROJECT NAME Project Priority FY 2015/16 FY 2016/17 Adopted Plan FY 2017/18 Plan FY 2018/19 FY 2019/20 Plan Plan Total Audit Fee High 3,150 3,200 3,250 3,250 3,250 16,100 Boynton Beach Blvd Extension - Light Repairs High 20,000 20,000 Boynton Beach Blvd Extension - Sail Repair Medium 75,000 75,000 Boynton Beach Blvd Extension - Paver Repair 10,000 10,000 Boynton Beach Blvd Extension - Fence Repair High 10,000 10,000 Boynton Beach Blvd Extension - Landscaping 18,000 18,000 Boynton Beach Blvd Extension - Up Light Replacement High 20,000 20,000 Boynton Beach Blvd Extension - Paint Overhead Lighting Poles 16,000 16,000 Boynton Beach Blvd (East of Federal Hwy) - Planters Box Repairs 75,000 75,000 Children's Museum - Paver Repair High 25,0001 25,000 Children's Museum - Plaza Renovation 20,000 20,000 Children's Museum - Painting Exterior & Soffit Repair 35,000 35,000 City Hall Complex - Amhitheatre Restroom Renovation High 61000 6,000 City Hall Complex -Amphitheatre Restroom Renovation ADA High 3,000 3,000 City Hall Complex - Amhitheatre Shade Replacement 5,000 5,000 City Hall Complex - Amhitheatre Paint Shade Structure 10,000 10,000 City Hall Complex -Amphitheatre Paint Exterior 4,000 4,000 City Hall Complex - City Hall Lobby paint and replace carpet 20,000 20,000 City Hall Complex - Commission Chambers Renovation High 120,000 120,000 City Hall Complex - Generators and Switch ear 750,000 750,000 City Hall Complex -Puki Garage Floors 200,000 200,000 City Hall Complex -Rebuild Chillers 90,000 90,000 City Hall Complex -KidsKingdom PlaArea 300,000 300,000 City Hall Complex -Kids Kingdom Puking area sealcoat 10,000 10,000 City Hall Complex -Re-Roof 325,000 325,000 City Hall Complex -Paint City Hall and Fire Station 1 110,000 110,000 City Hall Complex - Sealcoat HS Puking (north) & Overlay West 22,000 22,000 City Hall Complex - West Wing 1 at floor restroom renovation 55,000 55,000 City Hall Complex - West Wing 1 at floor restroom renovation ADA 15,000 15,000 City Hall Complex - West Wing Carpet change to VCT 10,000 10,000 City Hall Complex - West Wing Bldg. Det Plan Review floor file 15,000 15,000 City Hall Complex - West Wing Air Handler replacement 250,000 250,000 Civic Center -Renovate Auditorium Stage 40,000 40,000 Civic CenterAuditorium Ceiling Renovation 40,000 40,000 Civic Center -Renovate Auditorium Stage ADA 4,000 4,000 Civic Center -Roof Replacement 150,000 150,000 Civic Center -Dum ster enclosure 12,000 12,000 Civic Center - Paint Exterior 25,000 25,000 Civic Center - Restrooms ADA 601000 IF 60,000 Head Start Center - Seal coat puking lot 10,000 10,000 Head Start Center - Seal coat puking lot ADA 4,000 4,000 General Government - Ca et Replacement Medium 10,000 10,000 10,000 10,000 10,000 50,000 General Government - HVAC Repairs Low 40,000 40,000 40,000 40,000 40,000 200,000 Libra - Youth & Technical Services Space Modification Medium 35,000 35,000 Libra - 2nd Floor Space Modification 30,000 30,000 Library -Paint Building Entrance exterior High 8,000 8,000 Library -Digital Sin 35,000 35,000 Library -Pro ram Room Carpet 10,000 10,000 Library - Seal Coat all lots 20,000 20,000 Library -Renovate Restrooms 20,000 20,000 Library -Renovate Restrooms ADA 22,000 22,000 Library -Exterior Lighting and Security upgrades 200,000 200,000 Library -Pro ram Room Carpet and paint 14,000 14,000 Libra -ADA* 34,1491 34,149 Miscellaneous Small Projects High 20,000 10,000 10,000 10,0001 10,000 60,000 Pistol Range Renovations High 190,000 190,000 Pistol Range ADA* 6,794 6,794 Public Works Complex -Admin Bldg. & Warehouse Roofing 60,000 60,000 Public Works Complex Painting 43,000 43,000 Public Works Compound - Sealcoat puking lot 9,000 91000 Public Works Compound - PukinLot ADA 11,000 11,000 Public Works Compound - Drainae High 50,000 50,000 Public Works Compound - Paint all building exterior 20,000 20,000 Public Works Compound - Paint fuel tanks 4,000 4,000 Public Works Compound - Fleet Maintenance bay painting25,000 25,000 Public Works Compound - Fleet Maintenance Remodel Medium 185,000 185,000 Public Works Compound - ADA* 25,863 25,863 Schoolhouse Children's Museum - ADA* 16,088 16,088 Misc. Interior/Exterior Building Projects 10,000 10,000 10,000 10,000 40,000 Golf Restaurant HVAC Replacement 10,000 10,000 Securit - Ci Wide Upgrades - Door Hardware 75,000 75,000 TOTALGENERAL GOVERNMENT PROJECTS $ 490,150 1 $ 2,132,006 $ 588,250 1 $ 334,338 $ 969,250 $ 4,513,994 G:\CIP 2015\FINAL CIS\CIP 2015-16 to 2019-20.xlsx Page 1 of 4 P/q,e /2Q; &,of 224 PROJECT NAME Project Priorit FY 2015/16 Adopted FY 2016/17 Plan FY 2017/18 Plan FY 2018/19 FY 2019/20 Plan Plan Total Art Center - Ceiling Tile Replacement 10,000 10,000 10,000 30,000 Art Center - Awning 7,000 7,000 ArtCenter- Pedestrian Crossing Gates high 20,000 20,000 Art Center - Parking Lot Resealing 16,000 16,000 Art Center - Parking Lot Lighting 50,000 50,000 Art Center - ADA* 22,905 22,905 Barton Park- Replace Monument Sign & Paint Restroom 5,000 5,000 Betty Thomas Neighborhood Park - Parking Lot Resealing Medium 5,000 3,000 81000 Betty Thomas Neighborhood Park- Pavilion Wood Sealing 3,000 3,000 Betty Thomas Neighborhood Park - Parking Lot Resealing ADA 4,200 4,200 Betty Thomas Neighborhood Park- Entry Sign High 3,000 3,000 Betty Thomas Neighborhood Park - Basketball Markings Meaium 2,000 2,000 Betty Thomas Neighborhood Park - Basketball Markings ADA Medium 3,700 3,700 Betty Thomas Neighborhood Park - Tables and Cans 12,000 12,000 Betty Thomas Neighborhood Park - Tables and Cans ADA 9,000 9,000 Bicentennial Park - ADA* 2,558 2,558 Boynton Lakes Park - Fitness Trail Equipment Medium 12,000 12,000 Boynton Lakes Park - Park Furnishing 5,000 5,000 Boynton Lakes Park - Playground Equipment & Gazebo Painting 32,000 32,000 Boynton Lakes Park - Playground Equip & Gazebo Painting ADA 9,000 9,000 Boynton Lakes Park - Remove Bocci Court High 7,000 7,000 Boynton Beach Memorial Park (Cemete )-ADA* 29,145 29,145 Carolyn Sims Center and Denson Pool - Paint exterior 25,000 25,000 Carolyn SimsCenter- SealcoatPuki Lot ADA 12,000 12,000 Carolyn Sims Center--Sealcoat Puking Lot 11,000 11,000 Carolyn SimsCenter- Denson Pool Slide Replacement High 80,000 80,000 Carolyn Sims Center Paint Pavilion and table 10,000 10,000 Carolyn Sims Center Paint site lighting oles and fixtures 30,000 30,000 Congress Ave Barrier Free - Playground Medium 200,000 200,000 Congress Ave Barrier Free Park -Paint Poles 12,000 12,000 Congress Ave Barrier Free Park-ADA High 22,000 22,000 Congress Ave Barrier Free Park-Restroom Refurbishment 29,000 29,000 Congress Ave Barrier Free Park-Refurbish Bio-swale High 20,000 20,000 40,000 Edward Harmening Arbor Park - ADA* 3,756 3,756 Forest Hill Park-Fence replacement and repair High 40,000 40,000 Galaxy Park -ADA* 3,548 3,548 Hester Center - Basketball Court Resurfacing 12,000 12,000 Hester Center - Park Furnishing 15,000 15,000 Hester Center Ball fields -Press Box Doors and Windows High 20,000 20,000 Hester Center Ball fields -Press Box painting High 12,000 12,000 Hester Center-Pavilion Pathway Repair High 81000 8,000 Hester Center Ball fields - Concession Building soffit High 20,000 20,000 Hester Center Building - Lobby Renovation Architect Services High 30,000 30,000 Hester Center Building - Lobby Renovation Construction 150,000 150,000 Hester Center Building -Lightening Protection High 23,000 23,000 Hester Center Ball fields -Football fence 1 20,000 20,000 Hester Center Ball fields -Paint pavilion 5,000 5,000 Hester Center - East Irrigation Well 40,000 40,000 Hester Center Building -HVAC 300,000 300,000 Hester Center Building -Administration Offices Drainage Repair 25,000 25,000 Hester Center -Pla roundEquipment 100,000 100,000 Hester Center -Pla round Equipment for ADA 360,0001 360,000 Hester Center -Pla round Restroom Painting 61000 6,000 Hester Center- Pavilion Painting and roofing 8,000 8,000 Hester Center -Puking Lot Seal Coat ADA 25,000 25,000 Hester Center- Scrub Fence 60,000 60,000 Hester Center- Accessible route from Center to Park 81000 8,000 Hester Center -Pla round Restroom Refurbishment 16,000 16,000 Hester Center - Tennis Court Resurfacing 10,0001 10,000 Hester Center- Tennis Court Resurfacing ADA 3,000 3,000 Hester Center -Puking Lot Seal Coat 80,000 80,000 Hester Center- Wood Pavilion Painting and roofing 8,000 8,000 Hester Center- Wood Pavilion Painting and roofing ADA 500 500 Heritage Park -ADA* 858 858 Hibiscus Park -ADA* 24,164 24,164 Hibiscus Park- Basketball Court Restoration and Fence High 18,000 18,000 Hibiscus Park- Basketball Court Restoration and Fence ADA High 91000 9,000 Hibiscus Park- Tables and Cans Medium 6,000 6,000 Intracoastal Park - Carpet Replacement 30,000 30,000 Intracoastal Park - Intracoastal Parking Lot Resealing 45,000 45,000 Intracoastal Park- Clubhouse Community Room Refurbishment High 32,000 32,000 Intracoastal Park-Clubhouse Community Room Refurbishment AD High 2,500 2,500 Intracoastal Park-Kayak Lamch High 57,000 57,000 Intracoastal Park -Paint site light poles High 1 35,0001 35,000 G:\CIP 2015\FINAL CIS\CIP 2015-16 to 2019-20.xlsx Page 2 of 4 P/q,e /2,0 ,of 224 PROJECT NAME Project Priority FY 2015/16 Adopted FY 2016/17 Plan FY 2017/18 Plan FY 2018/19 FY 2019/20 Plan Plan Total Intracoastal Park -Paint Pavilion(s) and Restroom(s) roofs High 35,000 35,000 Intracoastal Park -Refurbish restrooms 50,000 50,000 Intracoastal Park -Refurbish restrooms ADA 25,000 25,000 Intracoastal Park -Pla round ponred in place surface High 30,000 30,000 Intracoastal Park -Pla roundreplacement High 70,000 1 1 70,000 Intracoastal Park- Shade Structure Medium 70,000 70,000 Jaycee Park - Pavilion #1 and #2 Painting 8,000 8,000 Jaycee Park - Interpretive Art 10,000 10,000 Jaycee Park - Restroom Building Exterior Painting 12,000 12,000 Jaycee Park - Park Furnishings 10,000 10,000 Jaycee Park - Parking Lot Resealing 5,000 5,000 Jaycee Park Paint Pavilions 7,000 7,000 Jaycee Park -Shade Structure Medium 70,000 70,000 Kiwanis Sierra Park -ADA* 2,039 2,039 KnollwoodPark - Puking Lot 3,000 3,000 Laurel Hills Park- Basketball Court Restoration 81000 8,000 Laurel Hills Park- Park Furnishings Medium 6,000 6,000 Laurel Hills Park - Puking Lot 2,000 2,000 Laurel Hills Park - Basketball Court ADA 20,000 20,000 Laurel Hills - Split Rail Fence 50,000 50,000 Madsen Center - ADA 1 1 28,825 28,825 Mangrove Park- Flooring 7,500 7,500 Mangrove Park- Boardwalk 1,600,000 1,600,000 Mangrove Park - Fence Reair High 81000 8,000 Mangrove Park - Bench relacement 3,000 3,000 Mangrove Park - Interelive markers 10,000 10,000 Mangrove Park - Refurbish Restrooms High 1 6,000 1 6,000 Mangrove Park - Refurbish Restroorns ADA High 7,000 7,000 Mangrove Park - Sealcoat Puk 12,000 12,000 Mangrove Park - trash can relacement 5,000 5,000 Mangrove Walk at the Marina - ADA* 9,438 9,438 Meadows Park - Restroom Building Exterior Painting 6,000 6,000 Meadows Park - Fitness Trail Equipment 9,000 9,000 Meadows Park - Park Furnishings 25,000 25,000 Meadows Park - Parking Lot Resealing High 8,000 8,000 Meadows Park - Pathways/Sidewalks Repair 75,000 75,000 Meadows Park - Tennis Courts Fencing 12,000 12,000 Meadows Park -Fence Removal 61000 6,000 Meadows Park - Puking Lot Sealcoat 16,000 16,000 Meadows Park -Restroom Refurbishment 14,000 14,000 Meadows Park- Restroom Refurbishment ADA 8,000 8,000 Meadows Park -Pla roundEquipment 951000 95,000 Meadows Park -Pla roundEquipment ADA 16,000 16,000 Meadows Park -Restroom Painting 7,000 7,000 Miscellaneous Small Parks Projects Low 10,000 10,000 10,000 10,000 10,000 50,000 Oceanfront Park- Parking Lot Lights 30,000 30,000 Oceanfront Park -North Shade Sails High 8,000 8,000 Oceanfront Park -Sealcoat puking lot 60,000 60,000 Oceanfront Park -Sealcoat puking lot ADA 7,000 7,000 Oceanfront Park -Re air picnic shelter High 30,000 30,000 Oceanfront Park -Re air picnic shelter ADA High 6,0001 6,000 Oceanfront Park- Paint beachfront buildings and pavilion 20,0001 20,000 Oceanfront Park -As halt pathway 35,000 35,000 Oceanfront Park - Stairwa retaining wall 15,000 15,000 Oceanfront Park - Refurbish restrooms 6,000 6,000 Oceanfront Park- Refurbish restrooms ADA 61000 6,000 Oceanfront Park -Boardwalk Lighting High 30,000 30,000 Oceanfront Park- South and Center Shade Sail poles 38,000 38,000 Oceanfront Park - Shadesail poles 25,000 25,000 Oyer Park- Parking Lot Resealing 100,000 100,000 Oyer Park- Shade Sails 15,000 15,000 Oyer Park- Coast Guard Bldg. and pavilion painting 14,000 14,000 Oyer Park - Coast Guard Bldg. and pavilion painting ADA 2,000 2,000 Oyer Park- Coast Guard Bldg. window replacement 7,000 7,000 Oyer Park - Coast Guard Bldg. window relacement ADA 7,000 7,000 Oyer Park- Dredge Channel 100,000 100,000 Oyer Park - Restroom Refurbishment 8,000 8,000 Oyer Park - Restroont Refurbishrnent ADA 7,000 7,000 Oyer Park - FishinPier Railing High 140,000 140,000 Oyer Park - New D=ster Enclosure 15,000 15,000 Oyer Park - FishinPier pathway High 20,000 20,000 erPark- Paint Restroom Exterior 5,000 5,000 KO Palmetto Greens Park - Restroom Bldg. Exterior Painting i Medium i 5,000 i i i 5,000 G:\CIP 2015\FINAL CIS\CIP 2015-16 to 2019-20.xlsx Page 3 of 4 P/q,e /2,08,.lof 224 PROJECT NAME Project Priority FY 2015/16 Adopted FY 2016/17 Plan FY 2017/18 Plan FY 2018/19 Plan FY 2019/20 Plan Total Palmetto Greens Linear Park -Pla round ADA 4,000 4,000 Palmetto Greens Linear Park -Re lace/maintain Picnic tables ADA 5,000 5,000 Palmetto Greens Linear Park -Paint pavilion 3,000 31000 Palmetto Greens Linear Park - Overlay internal Park path 8,000 8,000 Palmetto Greens Linear Park - Overlay internal park pathADA 4,000 4,000 Palmetto Greens Linear Park -Restroom Refurbishment High 8,000 1 8,000 Palmetto Greens Linear Park -Restroom Refurbishment ADA High 10,000 10,000 Palmetto Greens Linear Park - Puking Lot Sealcoat High 6,000 6,000 Palmetto Greens Linear Park - Puking Lot Sealcoat ADA High 7,000 7,000 Parks -Furnishings Cans, benches, picnic tables, etc.) Low 5,000 5,000 5,000 5,000 5,000 25,000 Pence Park- Park Furnishings 6,000 6,000 Pence Park - Paint Restroom exterior 5,0001 5,000 Pence Park Restroom refurbishment 6,000 6,000 Pence Park Restroom refurbishment ADA 14,000 14,000 Pence Park - Puking Spaces, new ADA 51000 5,000 Pioneer Canal Park - Restroom Bldg. Exterior Painting Medium 5,000 5,000 Pioneer Canal Park - Fishing Pier Repair 8,000 8,000 Pioneer Canal Park - Fishing Pier Path ADA 8,000 8,000 Pioneer Canal Park- Split Rail Fence 75,0001 75,000 Pioneer Canal Park - Tennis Court Fencing 15,000 15,000 Pioneer Canal Park -Basketball and Tennis Courts 16,000 16,000 Pioneer Canal Park -Basketball and Tennis Courts ADA 18,000 18,000 Pioneer Canal Park- Can, Benches and Grills 10,000 10,000 Pioneer Canal Park - Puking Lot 10,000 10,000 Pioneer Canal Park -Refurbish Volleyball courtADA Low 14,000 14,000 Pioneer Canal Park -Restroom Refurbishment Low 13,000 13,000 Pioneer Canal Park -Restroom ADA Low 16,000 16,000 Sara Sims Park- Basketball Court Restoration 81000 8,000 Sara Sims Park- Park Furnishings 9,000 9,000 Sara Sims Park -Restroom Renovation 20,000 20,000 Sara Sims Park Restroom Renovation ADA 13,000 13,000 Sara Sims Park Irrigation Upgrade 100,000 100,000 Sara Sims Park Parking Lot 40,000 40,000 Sara Sims Park Parking Lot ADA 7,000 7,000 Sara Sims Park Pavilion 40,000 40,000 Sara Sims Park Water Fountain 12,000 12,000 Sara Sims Park -ADA* 30,198 30,198 Senior Center - Flooring 38,000 38,000 Senior Center - Patio & Awning Repairs 8,000 81000 Senior Center - Trash Cans Low 3,000 3,000 Tennis Ctr. - Court Resurfacing Medium 10,000 10,000 10,000 10,000 10,000 50,000 Tennis Center-ParkingLot Sealcoat 30,000 30,000 Tennis Center - Puking Lot Sealcoat ADA 5,000 5,000 Tennis Center - Puking Lot MedimUpgrade 48,000 48,000 Tennis Center -Clubhouse Repairs 41,000 41,000 Tennis Center -Clubhouse Repairs ADA 1,000 1,000 Tennis Center -Entry Sin 3,000 3,000 Tennis Center -Accessible Routes ADA High 21,000 21,000 Veterans Park - ADA* 1,072 1,072 TOTAL RECREATION AND PARKS PROJECTS $ 1,070,200 $ 2,693,269 $ 1,060,050 $ 421,825 $ 1,339,562 $ 6,584,906 Citywide Public Safety Radio System 2,500,000 2,500,000 Fire Training Site at Rolling Green 100,000 100,000 Fire Station 2, 4, & 5 - Kitchen Renovations 100,000 100,000 Fire Station #2 - Air Compressor & Fill Station High 90,000 90,000 Fire Station #3 - Parking Lot Resealing 30,000 30,000 Fire Station #4 - Exterior Painting 45,000 45,000 Fire Station 93 - Apparatus bay ceiling 30,000 30,000 Fire Station 93 - Community Room Soffits and Lighting 30,000 30,000 Fire Station 95 -Reseal roof 55,000 55,000 Fire Station #2 -Paint Building exterior 30,000 30,000 Fire Station 93 - Sealcoat puking lot 23,000 23,000 Fire Station #3 -Paint Exterior 20,0001 20,000 Fire Station 93 -Kitchen ceiling repair 20,000 20,000 Fire Station #5 - ADA* 1 11,960 11,960 TOTAL PUBLIC SAFETY PROJECTS $ 90,000 $ 2,679,960 $ 240,000 $ 55,000 $ 20,000 $ 3,084,960 Sidewalks - Replacement High 150,000 75,000 75,000 75,000 75,000 450,000 Sidewalks Ram - ADA (estimate) 150,000 150,000 150,000 150,000 600,000 Street Maintenance/Im v. Medium 100,000 600,000 600,000 600,000 500,000 2,400,000 Model Block 10th and 11th Avenue High 430,000 430,000 Bridge Repair - Maintenance & Improvements High 110,000 45,000 45,000 45,000 45,000 290,000 FEC Crossing Upgrade High 25,000 25,000 25,000 25,000 25,000 125,000 FEC - Pedestrian Crossing Medium 25,000 1 25,000 TOTAL TRANSPORTATION/ROADWAYPROJECTS $ 840,000 $ 895,000 $ 895,000 $ 895,000 $ 795,000 $ 4,320,000 INFORMATION TECHNOLOGY PROJECTS $ 73,000 $ 505,778 $ 220,640 $ 220,640 $ 1,220,640 $ 2,240,698 GRAND TOTAL $ 2,563,350 $ 8,906,013 $ 3,003,940 $ 1,926,803 $ 4,344,452 $ 20,744,558 G:\CIP 2015\FINAL CIS\CIP 2015-16 to 2019-20.xlsx Page 4 of 4 P/q,e /2,09, of 224 In r -I O 00 O b19 N M: O l- O VO ,---i O C) 69 O 69 0 0 0 � o o a, 1 1 k \O O Vf O a, Vf O Vf O M -- N p N O 00 W O O M O N 00 N M O \O kn rl .-- 00 00 N O N w C7 0 rl O .. C1 M O 00 M � b19 69 b19 0 0 0 0 cc cco N 00 rl 00 t- 0 N 0 0 M'_ o ci ci �o wo 00 l� rl M 00 IT N O O O 01 M O 0 O O O � 0 O O cc M 0 0 O O 0 0 O N tf) N O cc N C,�..i O NI, \C 00 \C O O O O O O O O OC O O tf) O O M tf) M tf) 00 O N M 00 N S." In r -I O p O b19 N M: O l- O VO ,---i 00 C) 69 O 69 i N bfi r-� U pri U O O— -- N w O M U _ w C7 0 � N � N S." U U C C� C� �Q UTILITY CAPITAL IMPROVEMENT SCHEDULE FY 2015/16 - FY 109/20 Fund Project Name 2015/2016 Adopted 2016/2017 Plan 2017/2018 Plan 2018/2019 Plan 2019/2020 Plan 5 Year CIP PROJECT TOTAL Neighborhood Utility Improvements 403 1 Chapel Hill/Mission Hill/Lake Eden WATER Main Replacement 200,000 200,000 $ 400,000 Chapel Hill subtotal - - - 200,000 200,000 $ 400,000 403 Golfview Harbor STORMWATER Improvements -surface water quality pre-treatment 100,000 100,000 100,000 - - $ 300,000 Golfview Harbor subtotal 100,000 100,000 100,000 - - $ 300,000 403 Dimmick & Potter Utility Water Improvements - - 400,000 $ 400,000 Dimmick & Potter subtotal - - 400,000 - - $ 400,000 403 Seacrest Corridor Swale/STORMWATER Management 2,000,000 2,000,000 1,300,000 $ 5,300,000 403 Seacrest Corridor WATER Main Replacement 2,000,000 2,500,000 1,200,000 $ 5,700,000 Seacrest Corridor subtotal 4,000,000 4,500,000 2,500,000 - - $ 11,000,000 403 Manhole R & R 150,000 150,000 150,000 150,000 150,0001 $ 750,000 403 Sand Castle Water Distribution Improvements 500,000 $ 500,000 403 Oak Street Stormwater Improvements 150,000 - $ 150,000 403 Venetian and Treasure Iles, NW 1 st Ave -Storm Drainage Systems 850,000 $ 850,000 403 NW Ist/2nd Street -Stormwater Improvements 1,100,000 $ 1,100,000 403 NE 20th Avenue - Stormwater Improvements 500,000 $ 500,000 SE 26th Avenue - Stormwater Improvement 400,000 $ 400,000 403 East Heart of Boynton stormwater study (NE 3rd Street) Stormwater Improvements 200,000 $ 200,000 403 Pipeline Rehab (gravity, F/M, laterals) SEWER various locations, Phase V repairs 1,500,000 $ 1,500,000 403 Pipeline Rehab (gravity, F/M, laterals) SEWER various locations, 11/12 Barista Way 100,000 300,000 300,000 300,000 300,000 $ 1,300,000 403 Rehabilitate STORMWATER Systems, various locations 200,000 200,000 200,000 200,000 200,000 $ 1,000,000 WATER Main Replacement (Federal Hwy DOT agreement, 403 Lawrence Road, Seacrest Blvd - reuse project) Potter Dimick - N. Federal Hwy 12/13 70,000 70,000 70,000 70,000 70,000 $ 350,000 403 North and South Road Stormwater Improvements PH 1 STORMWATER 1,000,000 $ 1,000,000 Neighborhood Utility Improvements: 403 $ 9,920,000 $ 5,820,000 $ 3,720,000 $ 920,000 $ 1,320,000 $ 21,700,000 Water Supply and Plant Improvements Wellfield/Supply/Storage 403 Wellfleld & Water Storage Control Telemetry (Asset Mgmt.) WATER 200,000 10,000 10,000 10,000 10,000 $ 240,000 403 Wellfleld Rehabilitation - column pipe, pumps, motors, etc. 403 Wellfleld Rehabilitation - column pipe, pumps, motors, etc. 300,000 300,000 300,000 300,000 300,000 $ 1,500,000 Wellfield Improvements 500,000 310,000 310,000 310,000 310,0001 1,740,000 403 Replace Pumps and Speed Drives, Sludge Pumps, transmitters, etc. 100,000 100,000 100,000 100,000 100,000 $ 500,000 403 Water Plant Repairs - Mechanical 100,000 100,000 100,000 100,000 100,000 $ 500,000 403 Water Plant Repairs - Electrical 150,000 100,000 150,000 100,000 150,000 $ 650,000 403 Water Plant Repairs - Treatment 50,000 125,000 25,000 125,000 125,000 $ 450,000 403 East Plant rehabilitation (filter repair, offices, basin rehab) 369,844 $ 369,844 403 East Plant rehabilitation - Ground Water Rule regulation requirements 583,498 $ 583,498 403 East Plant rehabilitation - East Plant replacement capacity, basins, valves, generator, plumbing, control 7,968,609 $ 7,968,609 403 Security upgrades - perimeter protection and surveillance entry notification 323,129 30,000 30,000 30,000 30,000 $ 443,129 403 Admin Building Repairs, carpeting, A/C, roofing, flooring 227,382 200,000 35,000 35,000 35,000 $ 532,382 Plant Improvements 9,872,462 655,000 440,000 490,000 540,000 11,997,462 403 Water Main Valves Program 168,000 180,000 180,000 180,000 180,000 $ 888,000 403 Replace Laboratory Equipment 32,000 32,000 32,000 32,000 32,000 $ 160,000 G:ACIP2015\FINA LCIS\CI P Uti Iities 2015-16 to 2019-20.xlsx:Uti I ity 1of2 PY/'g2[1121 JAfpf 224 Fund Project Name 2015/2016 Adopted 2016/2017 Plan 2017/2018 Plan 2018/2019 Plan 2019/2020 Plan 5 Year CIP PROJECT TOTAL 403 Water Meter Replacement 25,000 25,000 25,000 25,000 25,000 $ 125,000 Ocean 500 Improvements 350,000 $ 350,000 West Water Treatment Plant - ADA 4,174 $ 4,174 404 REUSE Distribution System - 8 MGD Program 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 $ 10,000,000 404 Raw water main - Segment C 4,000,000 $ 4,000,000 404 Ionic exchange, water treatment located at the west plant ($4.1M) &pump station ($1.744M) 7,292,932 - $ 7,292,932 404 East Plant growth changes, storage tank, high service pumps, energy efficiency 4,859,761 - - $ 4,859,761 404 Utility Accquisition - MP 2,250,000 $ 2,250,000 404 Remote Storage and Pumping Facility (NE Quadrant), EXPANSION 180,000 3,320,000 - $ 3,500,000 Water Supply and Plant Improvements - 403 $ 1o,951,636 $ 1,202,000 $ 987,000 $ 1,037,000 $ 1,087,000 $ 15,264,636 Water Supply and Plant Improvements - 404 $ 20,402,693 $ 2,180,000 $ 5,320,000 $ 2,000,000 $ 2,000,000 $ 31,902,693 Wastewater System Improvements Lift Stations 403 Lift Stations Pump Replacement program 120,000 120,000 120,000 120,000 120,000 $ 600,000 403 Master Lift Station Rehabilitations - Mechanical & Electrical, pumps and odor control 316, 319, or 356 dependent on Pence Park LS relief 1,000,000 1,000,000 500 500 $ 2,001,000 403 Master Lift Station Rehabilitations - Mechanical & Electrical, pumps and odor control LS309 1,200,000 $ 1,200,000 403 Force Main Valves and Air Release Valves (Congress) 700,000 $ 700,000 Ocean Ridge Wastewater Expansion to LS104 350,000 $ 350,000 Avondale Pines - LWDD Project (Wastewater) 3,000,000 3,000,000 $ 6,000,000 Beach Plant Replacement 975,000 $ 975,000 Riverwalk Plaza (Wastewater Improvement) 250,000 250,000 $ 500,000 Lift Station Communications Upgrade 500,000 500,000 $ 1,000,000 403 Rehab Pumping Station Control Telemetry (Asset Mgmt.) SEWER 30,000 30,000 30,000 30,000 30,000 $ 150,000 403 1 Emergency stationary generators or pumps 100,000 200,000 200,0001 200,000 200,000 $ 900,000 404 Silverwood Estates (Force Main) 300,000 $ 300,000 404 Regional Plant Force Main - - - - - $ - Wastewater System Improvements - 403 TOTAL $ 6,025,000 $ 5,800,000 $ 1,850,000 $ 350,500 $ 350,500 $ 14,376,000 Wastewater System Improvements - 404 TOTAL I $ 300,000 $ - $ - $ - $ - 1 $ 300,000 Studies/Analyses/Misc. - TOTAL $ 809,8001 $ 100,000 $ - I $ -1 $ - $ 909,800 Regional Plant 403 ISCRWWTP CIP Funding 500,000 500,000 500,000 500,000 500,000 $ 2,500,000 403 Bio-solid Pelletization Program $ - Regional Plant - TOTAL $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 2,500,000 r7Grand Total Utilities CIP - 403 Fund $ 28,206,436 $13,422,000 $ 7,057,000 $ 2,807,500 $ 3,257,500 $ 54,750,436 Grand Total Utilities CIP - 404 Fund I $ 20,702,6931 $ 2,180,0001 $ 5,320,0001 $ 2,000,0001 $ 2,000,0001 $ 32,202,693 Combined Total Utilities CIP I $ 48,909,1291 S15,602,0001 S12,377,0001 $ 4,807,5001 $ 5,257,500 $ 86,953,129 G:\CIP 2015\FINA LCIS\CI P Uti Iities 2015-16 to 2019-20.xlsx:UtiI ity 2of2 P17`Syp, 21:12,pf 224 UTILITY CAPITAL IMPROVEMENTS 2015/16 - 2019/2020: FUNDING SOURCES FUNDING SOURCES - 403 FUND RESERVES & INTEREST UTILITY FD TRANSFER GRANT FUTURE DEBT - BONDS BONDS - 2012 ISSUE Total Funding Sources - 403 CAP GRANT FUTURE DEBT BONDS BONDS - 2012 ISSUE Total Funding Sources - 404 Fund 403 - Beginning Fund Balance Grant/Misc. Revenue c 2012 Bond Issue (Fund 410) Transfer from Operations (baud 401) Total ProjJec Expendinires Fund 403 - Period Ending Fund Balance Total Project Encinnbr dices Prior Vear Available Adopted Midge! 2014/15 Actual 9/30 $ 7,608,745 22,908 4,900,000 9,428,762 ( 1 1 ( 91 6 10,869,089 .4. Fund 403 Projected Ending Balancel S 8,446,612 G:\CIP 2015\FINAL CIS\CIP Utilities Funding 2015-16 to 2019-20.xlsx:Utility CIP FY1516 2015/16 Adopted 2016/17 Plan 2017/18 Plan 2018/19 Plan 2019/20 Plan FUNDING TOTAL (2,627,062) 4,172,000 3,557,000 107,500 157,500 $ 5,366,938 5,400,000 4,000,000 3,500,000 2,700,000 3,100,000 $ 18,700,000 3,000,000 3,000,000 - - - $ 6,000,000 15,000,000 2,250,000 - - - $ 17,250,000 7,433,498 - - - $ 7,433,498 $ 28,206,436 $ 13,422,000 1 $ 7,057,000 1 $ 2,807,5001 $ 3,257,500 1 $ 54,750,436 2015/16 ontiol 2016/17 Plan 2017/18 Plan 2018/19 Plan 2019/20 Plan FUNDING Al, 69009,761 180,000 - - - $ 6,189,761 1,500,000 2,000,000 2,000,000 2,000,000 2,000,000 $ 9,500,000 3,000,000 3 000 000 - 119292,932 - 3,320,000 - 41,460 $ 14,612,932 1,900,000,- - - - $ 1,900,000 $ 20,702,693 1 $ 2,180,0001 $ 5,320,000 1 $ 2,000,0001 $ 2,000,000 1 $ 32,202,693 2015/16 Plan 2016/17 Plan 2017/18 Plan 2018/19 Plan 2019/20 Plan 11,492,363 11,681,877 7,626,696 4,145,963 4,079,922 3,000,000 3 000 000 9,929 116,819 76,267 41,460 40,799 7,433,498 400,000 4,000,000 3,500,000 2,700,000 3,100,000 44 ww; 11,681,877 7,626,696 1 4145 79,922 3,963,222 1 of 2 `"y` ` ' ` ` ' " ' 1/25/2016 11:11 AM UTILITY CAPITAL IMPROVEMENTS 2015/16 - 2019/2020: FUNDING SOURCES Fund 404 - Beginning Fund Balance Capital Fac. Charges Grant/Misc. Revenue e 2012 Bond Issue (Fund 410) Total ProjJec Expenditimes Fund 404 - Period Ending Fund Balance Total Project Enemnbrances Prior Vear Available Adopted Midget Fund 404 Projected Ending Balance 2014/15 Actual 9/30 $ 16,762,036 2,651,490 43,779 5,460 14,140,569 $ 9,918,298 G:\CIP 2015\FINAL CIS\CIP Utilities Funding 2015-16 to 2019-20.xlsx:Utility CIP FY1516 2015/16 Plan 2016/17 Plan 2017/18 Plan 2018/19 Plan 2019/20 Plan 14,092,764 3,952,975 3,312,505 2,845,630 2,374,086 11,292,932 3,320,000 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 44,626 39,530 33,125 28,456 23,741 1,900,000 4," 3,952,975 3,312,505 2,845,630 i 2,374,086 1,897,827 2of2 Page 214 of 224 1/25/2016 11:11 AM PALM BEACH COUNTY SCHOOL DISTRICT FY 2016 - 2020 Five Year Capital Plan as of September 9, 2015 Summary of Appropriations Other Items Debt Service Site Acquisition Capital Contingency Reserve for FY 17 Restricted Reserve Subtotal Other Items Non -Construction Carryforward New 155,874,408 942,855 20,848,499 1,143,608 14,250,010 193,059,380 154,320,065 - - 154,320,065 from Appropriations Total Budget 150,584,520 - - 150,584,520 Category FY 2015 FY 2016 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Total 3,228,470 1,265,000 1,265,000 1,265,000 Construction Projects 8,288,470 Facilities 11,096,112 Addition and Remodeling Projects $ 1,376,963 $ $ 1,376,963 $ $ $ $ $ 1,376,963 Modernization and Replacement Projects 8,756,013 8,756,013 8,756,013 Subtotal Construction Projects 10,132,976 10,132,976 10,132,976 Other Items Debt Service Site Acquisition Capital Contingency Reserve for FY 17 Restricted Reserve Subtotal Other Items Non -Construction - 942,855 18,793,605 - 14,250,010 33,986,470 155,874,408 - 2,054,894 1,143,608 - 159,072,910 155,874,408 942,855 20,848,499 1,143,608 14,250,010 193,059,380 154,320,065 - - 154,320,065 153,320,065 - - 153,320,065 153,370,065 - - 153,370,065 150,584,520 - - 150,584,520 767,469,123 942,855 20,848,499 1,143,608 14,250,010 804,654,095 Equipment 1,963,470 1,265,000 3,228,470 1,265,000 1,265,000 1,265,000 1,265,000 8,288,470 Facilities 11,096,112 19,016,094 30,112,206 4,100,000 14,553,369 14,411,615 19,922,517 83,099,707 Security 5,155,080 4,911,986 10,067,066 2,766,351 4,000,000 3,075,000 3,075,000 22,983,417 Education Technology 662,116 - 662,116 - 1,000,000 353,552 1,000,000 3,015,668 Technology 448,107 3,903,640 4,351,747 2,500,000 6,226,971 4,790,000 10,663,396 28,532,113 Transportation 742,650 16,326,596 17,069,246 1,386,721 6,000,000 6,000,000 7,750,000 38,205,967 Subtotal Non -Construction Projects 20,067,535 45,423,316 65,490,851 12,018,072 33,045,340 29,895,167 43,675,913 184,125,343 Transfers to General Fund Charter School Capital Outlay - 5,470,110 5,470,110 5,470,110 5,470,110 5,470,110 5,470,110 27,350,550 Property and Flood Insurance 8,270,000 8,270,000 8,270,000 8,270,000 8,270,000 8,270,000 41,350,000 Equipment Maintenance 4,615,000 4,615,000 4,485,000 4,485,000 4,485,000 4,485,000 22,555,000 Facilities Maintenance 436,060 39,919,514 40,355,574 46,548,607 48,201,156 49,939,009 51,712,307 236,756,653 Security Maintenance - 2,125,388 2,125,388 2,113,890 2,113,890 2,113,890 2,113,890 10,580,948 Education Technology Maintenance 2,975,847 2,975,847 2,996,098 3,022,098 3,023,098 3,023,098 15,040,239 Technology Maintenance 21,230,296 21,230,296 22,578,463 24,892,756 26,937,393 28,284,263 123,923,171 Transportation Maintenance 7,890,109 7,890,109 8,347,676 8,347,676 8,347,676 8,347,676 41,280,813 Subtotal Transfers to General Fund 436,060 92,496,264 92,932,324 100,809,844 104,802,686 108,586,176 111,706,344 518,837,374 Total Capital Budget $ 64,623,041 $ 296,992,490 $ 361,615,531 $ 267,147,981 $ 291,168,091 $ 291,851,408 $ 305,966,777 $ 1,517,749,788 Total Capital Revenues $ 361,615,531 $ 267,147,981 $ 291,168,091 $ 291,851,408 $ 305,966,777 $ 1,517,749,788 Variance $ - $ - $ - $ - $ - $ Page 1 Page 215 of 224 FY 2016 - 2020 Five Year Capital Plan as of September 9, 2015 Project or Carryforward New Program from Appropriations Total Budget Project Name Number FY 2015 FY 2016 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Total Construction Projects Addition and Remodeling Projects Pahokee HS Remodeling 17718427 $ 76,500 $ 76,500 $ $ $ $ $ 76,500 Riviera Beach Prep Academy 33558421 428,380 428,380 428,380 Transportation- South Remodeling 93238387 861,635 861,635 861,635 Transportation - West Central Remodeling 93318388 10,447 10,447 10,447 Total Addition and Remodeling 1,376,963 1,376,963 1,376,963 Modernization and Replacement Proiects Galaxy Elem Modernization 08217510 170,777 170,777 170,777 Gladeview Elem Modernization 12518438 2,642,261 2,642,261 2,642,261 Gove Elem Modernization 12418437 264,056 264,056 264,056 Rosenwald Elem Modernization 13218439 2,366,971 2,366,971 2,366,971 The Conservatory School at NPB 01317503 3,311,947 3,311,947 3,311,947 Total Modernizations and Replacements 1,542,765 8,756,013 8,756,013 8,756,013 Total Construction Projects $ 10,132,976 $ 10,132,976 $ $ $ $ $ 10,132,976 Other Items Debt Service Lease Payments for Certificates of Participation 7490 $ $ 147,000,000 $ 147,000,000 $147,000,000 $ 146,000,000 $ 146,000,000 $ 146,000,000 $ 732,000,000 Lease Payments for Bus Lease 2014 8076 2,880,000 2,880,000 2,880,000 2,880,000 2,880,000 - 11,520,000 Lease Payments for Bus Lease 2015 8083 4,451,643 4,451,643 2,950,000 2,950,000 3,000,000 3,100,000 16,451,643 Lease Payments for Equipment Lease 2015 8084 1,542,765 1,542,765 1,490,065 1,490,065 1,490,065 1,484,520 7,497,480 Total Required Debt Service 155,874,408 155,874,408 154,320,065 153,320,065 153,370,065 150,584,520 767,469,123 Site Acquisition Site Acquisition - Assigned 7494 193,559 193,559 193,559 Site Acquisition 7494 749,296 749,296 749,296 Total Site Acquisition 942,855 942,855 942,855 Continaenc Capital Contingency 7467 18,793,605 2,054,894 20,848,499 20,848,499 Reserve for FY 17 7467 - 1,143,608 1,143,608 1,143,608 Restricted Reserve 7467 14,250,010 - 14,250,010 14,250,010 Total Contingency 33,043,615 3,198,502 36,242,117 36,242,117 Total Other Items $ 33,986,470 $ 159,072,910 $ 193,059,380 $154,320,065 $ 153,320,065 $ 153,370,065 $ 150,584,520 $ 804,654,095 Page 2 Page 216 of 224 FY 2016 - 2020 Five Year Capital Plan as of September 9, 2015 Project or Carryforward New Program from Appropriations Total Budget 8430 83,197 200,000 283,197 200,000 Project Name Number FY 2015 FY 2016 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Total Non -Construction Projects and Transfers 125,000 125,000 125,000 125,000 846,193 County -Wide Custodial Equipment 7542 Required Non -Construction Payments 250,000 256,613 250,000 250,000 250,000 250,000 1,256,613 Charter School Capital Outlay 8426 $ $ 5,470,110 $ 5,470,110 $ 5,470,110 $ 5,470,110 $ 5,470,110 $ 5,470,110 $ 27,350,550 Property and Flood Insurance 9579 8,270,000 8,270,000 8,270,000 8,270,000 8,270,000 8,270,000 41,350,000 Total Required Non -Construction Payments 13,740,110 13,740,110 13,740,110 13,740,110 13,740,110 13,740,110 68,700,550 Capital Projects: AV Equipment Replacement Fund 8430 83,197 200,000 283,197 200,000 200,000 200,000 200,000 1,083,197 Choice Furnishings 8328 221,193 125,000 346,193 125,000 125,000 125,000 125,000 846,193 County -Wide Custodial Equipment 7542 6,613 250,000 256,613 250,000 250,000 250,000 250,000 1,256,613 County -Wide Equipment (FF&E) 7441 1,590,014 550,000 2,140,014 550,000 550,000 550,000 550,000 4,340,014 Musical Instruments 7488 62,454 140,000 202,454 140,000 140,000 140,000 140,000 762,454 Subtotal Equipment Capital Projects 1,963,470 1,265,000 3,228,470 1,265,000 1,265,000 1,265,000 1,265,000 8,288,470 Transfers to General Fund: Transfer for Copier Maintenance 7464(8446) - 4,250,000 4,250,000 4,250,000 4,250,000 4,250,000 4,250,000 21,250,000 Transfer for Equipment Maintenance 7464(8442) 255,000 255,000 125,000 125,000 125,000 125,000 755,000 Transfer for Library Software Support 7464(8430) 110,000 110,000 110,000 110,000 110,000 110,000 550,000 Subtotal Equipment Transfers - 4,615,000 4,615,000 4,485,000 4,485,000 4,485,000 4,485,000 22,555,000 Total Equipment 1,963,470 5,880,000 7,843,470 5,750,000 5,750,000 5,750,000 5,750,000 30,843,470 Facilities Capital Projects: ADA Compliance 7493 1,087,880 900,000 1,987,880 900,000 900,000 900,000 900,000 5,587,880 Building Envelope Maintenance Program 7591 2,394,313 3,080,090 5,474,403 - - - - 5,474,403 Environmental Service 8283 - 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 10,000,000 Facility Assessment 8176 2,000,000 2,000,000 - - - - 2,000,000 Facility Renewal Projects - - - 5,331,769 5,905,935 780,517 12,018,221 Fire & Life Safety Systems 8179 978,269 1,400,000 2,378,269 1,993,600 2,201,680 1,500,000 8,073,549 Fire Alarms - - - 560,000 580,000 600,000 1,740,000 Generator Replacement - - - 448,000 464,000 430,000 1,342,000 HVAC - Countywide 8728 1,219,723 7,152,000 8,371,723 - - - 8,371,723 Hurricane Issac Recovery 9884 (7,328) - (7,328) (7,328) Interlocal Agreements 8191 140,500 140,500 - - - 140,500 Lighting Conversion Projects - - 1,120,000 1,160,000 1,200,000 3,480,000 Maintenance Projects 8261 - - - - - 1,800,000 $ 1,800,000 Minor Projects 7491 795,826 2,250,000 3,045,826 1,200,000 1,200,000 1,200,000 8,912,000 $ 15,557,826 Minor Projects - New Restroom at John I Leonard 7491 $ - $ 200,000 $ 200,000 $ - $ - $ - $ - $ 200,000 Page 3 Page 217 of 224 FY 2016 - 2020 Five Year Capital Plan as of September 9, 2015 Project or Carryforward New Program from Appropriations Total Budget Project Name Number FY 2015 FY 2016 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Total Non -Construction Projects and Transfers Facilities (continued) 4,500,000 4,500,000 Transfer for Building Envelope Maintenance 7464(7591) Portable Leasing 8280 $ 36,839 $ $ 36,839 $ $ $ $ $ 36,839 Relocatables/Modulars 7440 2,947,352 2,947,352 2,947,352 Roof Replacement 8911 171,566 171,566 1,000,000 1,800,000 2,971,566 Walkway Canopies 8365 965,865 965,865 - - 965,865 7464(8444) 8189, 3434 Transfer for Preventative Maintenance 7464(8361) 2,499,280 School Center Funds 6711,9394 365,308 34,004 399,311 - - 399,311 Subtotal Facilities Capital Projects 96,000 11,096,112 19,016,094 30,112,206 4,100,000 14,553,369 14,411,615 19,922,517 83,099,707 Transfers to General Fund: 4,500,000 4,500,000 Transfer for Building Envelope Maintenance 7464(7591) 1,219,520 Transfer for Capital Project Support 7464(8450) 186,672 Transfer for Environmental Control 7464(8283) 865,842 Transfer for Fire/Life/Safety 7464(8179) 850,280 Transfer for Hurricane Prep 7464(9885) - 50,000 Transfer for HVAC Maintenance 7464(8728) 436,060 2,000,000 Transfer for ITV Towers 7464(8235) - 96,000 Transfer for Maintenance of Facilities 7464(8444) 32,151,920 Transfer for Preventative Maintenance 7464(8361) 2,499,280 Subtotal Facilities Transfers 436,060 39,919,514 Total Facilities 11,532,172 58,935,608 Secu rit 1,219,520 4,500,000 4,500,000 4,500,000 4,500,000 19,219,520 186,672 228,816 233,392 233,392 233,392 1,115,664 865,842 911,504 947,965 985,883 985,883 4,697,077 850,280 1,143,251 1,188,981 1,236,540 1,286,002 5,705,054 50,000 50,000 50,000 50,000 50,000 250,000 2,436,060 2,227,904 2,321,822 2,419,498 2,526,626 11,931,910 96,000 96,000 96,000 96,000 96,000 480,000 32,151,920 34,791,881 36,159,775 37,606,166 39,110,413 179,820,155 2,499,280 2,599,251 2,703,221 2,811,530 2,923,991 13,537,273 40,355,574 46,548,607 48,201,156 49,939,009 51,712,307 236,756,653 70,467,780 50,648,607 62,754,525 64,350,624 71,634,824 319,856,360 Capital Projects: Card Access 8488 150,000 150,000 150,000 150,000 150,000 150,000 750,000 Intrusion Alarms 8488 450,000 450,000 - 400,000 350,000 350,000 1,550,000 Open Sky 8488 - 450,000 450,000 - 350,000 100,000 100,000 1,000,000 School Center Security Projects 8188 5,155,080 3,111,986 8,267,066 2,500,000 2,500,000 2,000,000 2,000,000 17,267,066 Security and Data Communication Systems 8488 - 250,000 250,000 - 150,000 100,000 100,000 600,000 Video Surveillance 8488 - 500,000 500,000 116,351 450,000 375,000 375,000 1,816,351 Subtotal Security Capital Projects 5,155,080 4,911,986 10,067,066 2,766,351 4,000,000 3,075,000 3,075,000 22,983,417 Transfers to General Fund: Transfer for Security 7464(8314) 2,125,388 2,125,388 2,113,890 2,113,890 2,113,890 2,113,890 10,580,948 Subtotal Security Transfers - 2,125,388 2,125,388 2,113,890 2,113,890 2,113,890 2,113,890 10,580,948 Total Security $ 5,155,080 $ 7,037,374 $ 12,192,454 $ 4,880,241 $ 6,113,890 $ 5,188,890 $ 5,188,890 $ 33,564,365 Page 4 Page 218 of 224 FY 2016 - 2020 Five Year Capital Plan as of September 9, 2015 Project or Carryforward New Program from Appropriations Total Budget Project Name Number FY 2015 FY 2016 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Total Non -Construction Projects and Transfers Educational Technology Capital Projects: Classroom Technology 8493 $ 533,445 $ $ 533,445 $ $ $ $ $ 533,445 Digital Divide 8431 80,222 80,222 80,222 Technology Tools 8423 48,449 48,449 1,000,000 353,552 1,000,000 2,402,001 Subtotal Education Technology Projects 662,116 662,116 1,000,000 353,552 1,000,000 3,015,668 Transfers to General Fund: Transfer for Blackboard Engage 8934 39,550 39,550 - - - 39,550 (Edline/Gradequick) 7464(8441) 583,625 583,625 586,000 587,000 588,000 588,000 2,932,625 Transfer for Equipment Maintenance 7464(7422) 350,000 350,000 325,000 350,000 350,000 350,000 1,725,000 Transfers for Data Warehouse 7464(8371) 2,042,222 2,042,222 2,085,098 2,085,098 2,085,098 2,085,098 10,382,614 Subtotal Educational Technology Transfers - 2,975,847 2,975,847 2,996,098 3,022,098 3,023,098 3,023,098 15,040,239 Total Educational Technology 662,116 2,975,847 3,637,963 2,996,098 4,022,098 3,376,650 4,023,098 18,055,907 Technology Capital Projects: Application Monitoring 8934 39,550 39,550 - - - 39,550 Bring Your Own Device - - 1,000,000 1,000,000 1,000,000 3,000,000 Classroom Technology - - - - 2,000,000 2,000,000 Computer Refresh 8422 208,211 208,211 2,762,734 2,000,000 5,000,000 9,970,944 Disk Storage 8823 772 772 - - - 772 District Server Refresh 8253 44 44 781,511 290,000 663,396 1,734,951 Intrusion Prevention 8349 128,633 128,633 - - - 128,633 IT Service Management Upgrade 8253 8,758 8,758 8,758 School LAN Switch 8253 394 394 - - - 394 Student System Replacement 8370 43,674.60 3,400,000.00 3,443,675 2,500,000 1,500,000 1,500,000 1,500,000 10,443,675 TEN Broadcast IP Infrastructure 8235 14,745 - 14,745 - - - - 14,745 Universal Power Supply 8440 - 503,640 503,640 - - 503,640 Wireless Infrastructure 8253 3,326 - 3,326 - 182,726 - 500,000 686,052 Subtotal Technology Projects $ 448,107 $ 3,903,640 $ 4,351,747 $ 2,500,000 $ 6,226,971 $ 4,790,000 $ 10,663,396 $ 28,532,113 Page 5 Page 219 of 224 FY 2016 - 2020 Five Year Capital Plan as of September 9, 2015 Project or Carryforward New Program from Appropriations Total Budget Project Name Number FY 2015 FY 2016 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Total Non -Construction Projects and Transfers Technology (continued) Transfers to General Fund: Transfer for Application Systems 7464(8934) $ $ 2,098,875 $ 2,098,875 $ 2,042,599 $ 2,251,965 $ 2,364,564 $ 2,482,792 $ 11,240,795 Transfer for Business Operating Systems 7464(8823) 1,751,429 1,751,429 1,852,842 2,042,758 2,144,896 2,252,141 10,044,066 Transfer for CAFM 7464(8353) 1,161,807 1,161,807 1,188,777 1,310,627 1,376,158 1,444,966 6,482,335 Transfer for ERP 7464(8369) 3,427,257 3,427,257 3,506,451 3,865,862 4,059,155 4,262,113 19,120,838 Transfer for IT Security 7464(8349) 834,237 834,237 1,160,100 1,279,010 1,342,961 1,410,109 6,026,417 Transfer for Portal Project 7464(8394) 51,558 51,558 56,330 62,104 65,209 68,469 303,670 Transfer for Project Management Initiative 7464(8427) 17,743 17,743 - - - - 17,743 Transfer for School Center Admin Technology 7464(8253) 343,812 343,812 618,323 681,701 715,786 751,575 3,111,197 Transfer for Secondary Tech Maintenance 7464(8447) 3,022,614 3,022,614 3,097,655 3,415,165 3,585,923 3,765,219 16,886,576 Transfer for Technology Infrastructure 7464(8440) 7,869,264 7,869,264 8,080,386 8,908,626 10,154,057 10,661,760 45,674,093 Transfer for System Lifecycle Management Endpoint Security 7464(8448) 651,700 651,700 975,000 1,074,938 1,128,684 1,185,119 5,015,441 Subtotal Technology Transfers 21,230,296 21,230,296 22,578,463 24,892,756 26,937,393 28,284,263 123,923,171 Total Technology $ 448,107 $ 25,133,936 $ 25,582,043 $ 25,078,463 $ 31,119,727 $ 31,727,393 $ 38,947,659 $ 152,455,284 Page 6 Page 220 of 224 FY 2016 - 2020 Five Year Capital Plan as of September 9, 2015 Project or Carryforward New Program from Appropriations Total Budget Project Name Number FY 2015 FY 2016 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Total Non -Construction Projects and Transfers Transportation Capital Projects: Transfer for Transportation Maintenance 7464(8445) 1,500,000 1,500,000 1,500,000 Bus Routing System 8056 $ 113,750 $ - $ 113,750 $ $ - $ - $ - $ 113,750 Vehicles - District -Wide 8056 579,492 1,500,000 2,079,492 1,000,000 1,000,000 2,250,000 6,329,492 Bus Washers 8056 - 144,000 144,000 - - - 144,000 Fuel Station Pump Replacement 8056 - 500,000 500,000 - - 500,000 1,000,000 Bus Replacement 8056 49,170 14,182,596 14,231,766 1,386,721 5,000,000 5,000,000 5,000,000 30,618,487 GPS Hardware 8056 239 - 239 - - - - 239 Subtotal Transportation Projects 92,932,324 742,650 16,326,596 17,069,246 1,386,721 6,000,000 6,000,000 7,750,000 38,205,967 Transfers to General Fund: Transfer for Transportation Maintenance 7464(8445) 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 7,500,000 Transfer for Contracted Transportation 7464(8443) 6,390,109 6,390,109 6,847,676 6,847,676 6,847,676 6,847,676 33,780,813 Subtotal Transportation Transfers - 7,890,109 7,890,109 8,347,676 8,347,676 8,347,676 8,347,676 41,280,813 Total Transportation 742,650 24,216,705 24,959,355 9,734,397 14,347,676 14,347,676 16,097,676 79,486,780 Sub -total Non -Construction Projects 20,067,535 45,423,316 65,490,851 12,018,072 33,045,340 29,895,167 43,675,913 184,125,343 Sub -total Non -Construction Transfers 436,060 92,496,264 92,932,324 100,809,844 104,802,686 108,586,176 111,706,344 518,837,374 Total Non -Construction Projects and Transfers 20,503,595 137,919,580 158,423,175 112,827,916 137,848,026 138,481,343 155,382,257 702,962,717 Total Capital Budget $ 64,623,041 $ 296,992,490 361,615,531 $267,147,981 $ 291,168,091 $ 291,851,408 $ 305,966,777 $ 1,517,749,788 Page 7 Page 221 of 224 FY 2016 - 2020 Five Year Capital Plan as of September 9, 2015 Revenues Page 8 Page 222 of 224 Projected Revenues FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Total State Sources Charter School Capital Outlay $ 5,470,110 $ 5,470,110 $ 5,470,110 $ 5,470,110 $ 5,470,110 $ 27,350,550 CO & DS 2,355,781 2,355,781 2,355,781 2,355,781 2,355,781 11,778,905 PECO Bonds - Maintenance 2,691,357 3,767,900 4,187,911 4,963,491 5,363,033 20,973,692 Subtotal State Sources 10,517,248 11,593,791 12,013,802 12,789,382 13,188,924 60,103,147 Local Sources Property Values 165,191, 584, 364 173, 592, 573, 332 182, 876, 079, 984 191, 709, 740, 577 201, 234, 620, 471 Local Capital Improvement (1.5 mil) 237,875,881 249,973,306 263,341,555 276,062,026 289,777,853 1,317,030,621 Fund Balance Carried Forward 64,623,041 - - - - 64,623,041 Reserve for FY16 10,319,649 - - - - 10,319,649 Reserve for FY17 - 1,143,608 - - - 1,143,608 Restricted Reserve and Project Closeouts 12,136,329 1,437,276 12,812,734 - - 26,386,339 Impact Fees 3,972,083 2,000,000 2,000,000 2,000,000 2,000,000 11,972,083 Interest Income 750,000 1,000,000 1,000,000 1,000,000 1,000,000 4,750,000 Transfers from General Fund 34,004 - - - - 34,004 Subtotal Local Sources 329,710,987 255,554,190 279,154,289 279,062,026 292,777,853 1,436,259,345 Other Revenue Sources Bus Lease 2015 14,235,296 - - - - 14,235,296 Equipment Lease 2015 7,152,000 - - - - 7,152,000 Referendum - - - - - - Subtotal Other Revenue Sources 21,387,296 - - - - 21,387,296 Total Revenues $ 361,615,531 $ 267,147,981 $ 291,168,091 $ 291,851,408 $ 305,966,777 $ 1,517,749,788 Page 8 Page 222 of 224 FY 2016 - 2020 Five Year Capital Plan as of September 9, 2015 Summary of Reductions Reductions to Reductions to Reductions to Reductions to Reductions to Balance Balance Balance Balance Balance Total Category FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 Reductions Construction Proiects Addition and Remodeling Projects $ (3,972,800) $ (3,464,400) $ (3,712,000) $ - $ (13,923,360) $ (25,072,560) Modernization and Replacement Projects - (1,000,000) (12,584,000) (14,000,000) (37,094,424) (64,678,424) New Schools - - - - - - Subtotal Construction Projects (3,972,800) (4,464,400) (16,296,000) (14,000,000) (51,017,784) (89,750,984) Other Items Debt Service - - - - - - - Site Acquisition - (2,588,640) (1,100,000) - - (3,688,640) Capital Contingency (633,154) - - - - (633,154) Reserve for FY 17 1,143,608 - - - - 1,143,608 Restricted Reserve - - - - - - Subtotal Other Items 510,454 (2,588,640) (1,100,000) - - (3,178,186) Non -Construction Equipment - - - - - - Facilities (21,654,264) (61,678,368) (69,305,303) (85,652,551) (82,213,483) (320,503,969) Security - (1,883,649) - - - (1,883,649) Education Technology (6,910,000) (6,560,000) (5,560,000) (6,206,448) (5,560,000) (30,796,448) Technology (19,321,486) (22,353,082) (32,978,765) (18,861,335) (28,770,219) (122,284,887) Transportation (28,951,004) (9,463,279) (4,650,000) (4,650,000) (4,900,000) (52,614,283) Subtotal Non -Construction Projects (76,836,754) (101,938,378) (112,494,068) (115,370,334) (121,443,702) (528,083,236) Transfers to General Fund Charter School Capital Outlay - - - - - - Property and Flood Insurance - - - - - - Equipment Maintenance - - - - - - Facilities Maintenance (745,301) (12,724) - - - (758,025) Security Maintenance - - - - - - Education Technology Maintenance (200,170) (25,000) - - - (225,170) Technology Maintenance (1,422,186) (1,128,924) - - - (2,551,110) Transportation Maintenance (457,567) - - - - (457,567) Subtotal Transfers to General Fund (2,825,224) (1,166,648) - - - (3,991,872) Total Reductions $ (83,124,324) $ (110,158,066) $ (129,890,068) $ (129,370,334) $ (172,461,486) $ (625,004,278) Page 9 Page 223 of 224 PROJECT: 1-95 and Woolbright Road Interchange Improvements Lead Agency: MOT Description: The project is under construction. Work consists of widening Woolbright Road from SW 18thStreet to SW 2nd Street, including roadway approaches and bridges over 1-95 and the railroad tracks to provide dual eastbound left turn lanes onto northbound 1-95; widening the 1-95 northbound entrance ramp to receive the newly constructed dual eastbound left turn lanes; reconstructing the southbound exit ramp to provide free-flow right turn onto westbound Woolbright Road; retrofitting the railings on the Woolbright Road bridges over 1-95 and the railroad to meet current criteria; and milling and resurfacing the entire width of Woolbright Road, and along the 1-95 ramps within project limits. Other improvements include utility relocation, bridge construction, installation of barrier walls, curbs, sidewalks, guardrail, drainage, overhead signs, signing and pavement markings, signals, lighting, and retaining walls. Funding: Funds for the construction were programmed in FY 2014, 2015 and 2016. Funding for current fiscal year: $684,896 Page 224 of 224