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Agenda 01-19-16The City of Boynton Beach City Commission Agenda Tuesday, January 19, 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 David T. Merker (District 1) Commissioner Mack McCray (District 11) Commissioner Michael M. Fitzpatrick (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 408 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 408 1. OPENINGS A. Call to Order - Mayor Jerry Taylor I nvocation Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick 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. Proclaim School Choice Week - January 24-30, 2016 B. Announcement by Recreation & Parks Director Wally Majors about the upcoming Barrier Free 5K Run, Walk & Roll event, registration information and team competition. C. Presentation of the 2015 Holiday Parade "Virtual" Awards by Mayor Taylor. The Boynton Beach Historical Society will be awarded the "Most Outstanding Float" Award, and the Top Notch Twirlers will receive the "Best Marching Unit" Award. D. Presentation to the Public Works/Solid Waste Division by Willie Puz, Director of Public Affairs of the Solid Waste Authority for the City's efforts in the reduction of contaminated residential recycling material. E. Announcement by Chief Jeffrey Katz on the Boynton Beach Police Department's Quarterly Town Hall Meeting. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings east: Arts Commission: 1 Reg and 1 Alt Building Board of Adjustments and Appeals: 1 Reg and 2 Alts Education and Youth Advisory Bd.: 1 Alt, 1 Stu and 1 Stu N/V Library Bd.: 1 Alt Planning and Development Bd.: 1 Alt Page 3 of 408 Senior Advisory Board: 2 Regs 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. R16-009 - Authorize the City Manager to sign a Construction Agreement between the Florida Department of Transportation and City of Boynton Beach for the purpose of constructing certain right of way improvements along South Federal Highway as part of the 500 Ocean project. B. PROPOSED RESOLUTION NO. R16-010 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Edin and Elizabeth Mehanovic for the property at 820 Bamboo Lane, Delray Beach, FL. C. PROPOSED RESOLUTION NO. R16-011 - Approve and adopt the Recreation & Parks Department 2015 - 2020 System Master Plan. D. PROPOSED RESOLUTION NO. R16-012 - Authorize the City Manager to sign a Five Year Lease Agreement and Customer Agreement with Canon Solutions America, Inc. for a Canon/Oce ColorWave 500 Wide Format Printer/Scanner and maintenance for the Development Department for an annual lease payment of $5,676. E. PROPOSED RESOLUTION NO. R16-013 - Approve resolution supporting improvements to the Chain of Lakes, the Ocean To Lake Trails Initiative and Development of a Boat Lift at the C51 Canal S155 Control Structure. F. Approve addition of the following job classification in the City's Pay Plan: Summer Day Camp Counselor II. G. Approve the reclassification of the Grants Coordinator job classification to Grants and ADA Coordinator in the City's Pay Plan. H. Approve utilizing the Florida Sheriff's Association, Florida Association of Counties and Florida Fire Chief's Association bid, bid #15-13-0904, Specification #37 & #45 with Kelly Tractor Co. for the purchase of a Caterpillar Mini Hydraulic Excavator for $45,350 and a Caterpillar Vibratory Asphalt Compactor for $37,988. I. Approve utilizing the General Services Administration (GSA) Contract #GS -07F -0396M pricing for contractual fire alarm/sprinkler monitoring, inspections and repairs in various City facilities from Simplex Grinnell LP for an estimated annual expenditure of $90,000 (expires 06/30/17). J. Approve awarding the Bid for a "Bauer (or equal) Air Compressor for Fire Station 2", Bid No. 011- 2210-16/JMA, to Compressed Air Supplies and Equipment of Dania, FL in the amount of $55,022.50. K. Approve the minutes from the Regular City Commission meeting held on January 5, 2016. L. Accept the written report to the Commission for purchases over $10,000 for the month of December 2015. M. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R16-014 - Authorizing the City Manager to sign a professional agreement with Carollo Engineers, Inc. of Lake Worth, FL for the sum of $995,000 and a contingency of $99,500 (10%) for a total estimated cost of $1,094,500 as a result of RFQ NO: 075- 2821-15/KTR "Utilities Management Optimization Plan Consulting Services". Page 4 of 408 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. A. PROPOSED RESOLUTION NO. R16-007 - Approve First Amendment to the land development agreement between the City of Boynton Beach and SKYE at Boynton Beach, LLC that involves defining the developer obligations as part of a construction agreement between the City and FDOT for certain roadway improvements along South Federal Highway in FDOT Right -of -Way. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Commission discussion regarding beach re -nourishment 13. LEGAL A. PROPOSED RESOLUTION NO. R16-015- Approve and authorize signing of an Agreement modifying the charges imposed from the Chapter 26, Utility Rate Ordinance with Gulfstream Shores Condominium Association. B. PROPOSED ORDINANCE NO. 16-001 - FIRST READING - Request revision to existing Ord 14- 017 to coincide with changes made under FSS 316.1951 to increase citation penalty for curbstoning violation from $100 to $500 per event. C. PROPOSED ORDINANCE NO. 16-002 - FIRST READING - Exempting gated private residential communities from public art fee. D. PROPOSED ORDINANCE NO. 16-003 - FIRST READING - Amending the Land Development Regulations, Chapter 4, Article IV, Section 4, Subsection B10 to allow feather banners on a permanent basis. E. PROPOSED RESOLUTION NO. 16-016 - Authorizing the Mayor to sign a special warranty deed and any and all other transaction documents necessary to effectuate the sale of said property to the purchaser in the Boynton Village Park conveyance. 14. FUTURE AGENDA ITEMS A. Code Compliance Initiative - North Federal Highway - March 2016. B. Workshop with City Commission and City Staff concerning zoning designations and terminology (i.e. permitted uses, conditional uses, etc) - April 2016 C. Hear presentation from Rick Gonzalez, REG Architects on Old High School restoration project - February 2, 2016. 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) Page 5 of 408 THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDAAFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 408 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Jerry Taylor I nvocation Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick 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: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date 1.A. OPENING ITEMS 1/19/2016 Page 7 of 408 City Clerk Pyle, Judith Approved 1/6/2016 - 4:01 PPA Page 8 of 408 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 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 1/19/2016 Reviewer Action Date Foyle, Judith Approved 1/6/2016 - 4:01 FSM Page 9 of 408 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Proclaim School Choice Week - January 24-30, 2016 EXPLANATION OF REQUEST. A request was received from Andrew R. Campanella, President of National School Choice Week to proclaim January 24-30, 2016 as School Choice Week in the City of Boynton Beach. This is a nonpolitical, nonpartisan public awareness campaign. This proclamation will recognize and celebrate the students, parents and teachers of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. None ALTERNATIVES: The alternative would be to not issue the proclamation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Proclamation D Letter REVIEWERS: Department City Clerk Finance Reviewer Description Proclamation Request Letter Action Approved Approved Date 11/12/2015 - 2:42 PM 11/13/2015 - 3:13 AM Page 10 of 408 City Manager Howard, Tim Approved 12/23/2015 - 10:04 NA Page 11 of 408 PROCLAMATION WHEREAS, all children in Boynton Beach should have access to the highest -quality education possible and Boynton Beach recognizes the important role that an effective education plays in preparing all students in Boynton Beach to be successful adults; and WHEREAS, quality education is critically important to the economic vitality of Boynton Beach which is home to a multitude of high-quality traditional public schools, public magnet schools, public charter schools, and nonpublic schools from which parents can choose for their children; and WHEREAS, educational variety not only helps to diversify our economy, but also enhances the vibrancy of our community and Boynton Beach has many high-quality teaching professionals in these schools who are committed to educating our children; and WHEREAS, School Choice Week is celebrated across the country by millions of students, parents, educators, schools and organizations to raise awareness of the need for effective educational options; NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida do hereby proclaim January 24-30, 2016 as: SCHOOL CHOICE WEEK In Boynton Beach and call this observance to the attention of all our citizens. 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 19th day of January, Two Thousand Sixteen. Jerry Taylor, Mayor ATTEST: City Clerk (Corporate Seal) Page 12 of 408 • 11K4 hoolCholk W E E K October 19, 2015 Dear Mayor Taylor, Andrew R. Campanella I am writing to respectfully request that you issue an official proclamation commemorating January 24 - 30, 2016 as Boynton Beach School Choice Week, I have attached draft text for a proclamation for your convenience. The proclamation, along with National School Choice Week, provides you with an opportunity to recognize the excellent education options available to families in Boynton Beach as a part of a nationwide celebration. Held every January, National School Choice Week shines a spotlight on effective education options for children — from high -performing traditional public schools to public charter schools, public magnet schools, private schools, online learning, and homeschooling. National School Choice Week 2016 is expected to feature 15,000 independently -planned events across all 50 states, which will make it the largest celebration of educational opportunity in American history. It is important to us that the students, parents, and teachers of Boynton Beach are recognized and celebrated during NSCW 2016. As a nonpolitical, nonpartisan public awareness campaign, National School Choice Week does not advocate for legislation. We have enjoyed wide support from elected officials of both parties. During our celebration in 2015, more than 150 mayors and county executives issued proclamations recognizing the Week. The US Senate also unanimously passed a bipartisan resolution recognizing NSCW. I hope you will join us in celebrating National School Choice Week by issuing an official proclamation. If you have any questions, please contact National School Choice Week's communications and external relations manager, Shelby Tankersley, at shelby@ schoolchoiceweek.com, or by telephone at 202-480-2927 ext. 820. National School Choice Week Page 13 of 408 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors about the upcoming Barrier Free 5K Run, Walk & Roll event, registration information and team competition. EXPLANATION OF REQUEST. In partnership with the Realtors Association of the Palm Beaches, the Recreation & Parks Department is hosting the 4th Annual Barrier Free 5K Run, Walk & Roll event on Saturday, February 13, 2016. The run/walk/roll begins at 7:30, and people can register now at www.RAPB.COM/5K. The event will again include the "team" competition. Any group/agency/friends consisting of a minimum of three participants may register as a team for the reduced rate of $25 per team member. Individual registration fee is $30. All proceeds benefit future development of the Park. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. FISCAL IMPACT. Budgeted Expenses for the event are included in the Department budget and offset by sponsor contributions. ALTERNATIVES: Do not make the announcement STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Addendum Barrier Free 5K Run, Walk & Roll REVIEWERS: Page 14 of 408 Department Reviewer Action Date Recreation & Parks Majors, Wally Approved 12/22/2015 - 9:19 AM Assistant City Manager Pyle, Judith Approved 1/6/2016 - 3:53 PPA Finance Howard, Tim Approved 1/7/2016 - 9:13 AM City Manager LaVerriere, Lori Approved 1/14/2016 - 12:42 PPA Page 15 of 408 Place to Ray -- Laugh w Live Without Limits� � d.THAT IS C UR DREAM, WON'T YOU HELP US MAKE IT A REALITY? ftenl ioi Rn halm N.mdea Page 16 of 408 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Presentation of the 2015 Holiday Parade "Virtual" Awards by Mayor Taylor. The Boynton Beach Historical Society will be awarded the "Most Outstanding Float" Award, and the Top Notch Twirlers will receive the "Best Marching Unit" Award. EXPLANATION OF REQUEST. When the Annual Holiday Parade had to be cancelled due to bad weather, a local resident recommended allowing those people who planned to participate in the Parade to still have an opportunity to have their entries judged. Consequently, the Recreation & Parks Department contacted every Parade applicant inviting them to submit pictures and/or videos of what they intended to enter into the parade. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. FISCAL IMPACT. Budgeted Awards are included in the budget for the Parade. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Recreation & Parks Majors, Wally Approved 12/22/2015 - 3:30 PM Assistant City Manager Pyle, Judith Approved 1/6/2016 - 3:54 PM Finance Howard, Tim Approved 1/7/2016 - 6:46 AM City Manager LaVerriere, Lori Approved 1/14/2016 - 12:43 PM Page 17 of 408 3.D. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Presentation to the Public Works/Solid Waste Division by Willie Puz, Director of Public Affairs of the Solid Waste Authority for the City's efforts in the reduction of contaminated residential recycling material. EXPLANATION OF REQUEST: In September 2015 a letter from the Solid Waste Authority of Palm Beach was sent to the City notifying the Solid Waste Division regarding significantly higher volume of recovered recycling material contamination. The letter (attached) asked that we make our recovered material collection team members aware of this issue so we could work together to reduce contamination coming to the transfer stations. The Solid Waste Supervisors met with their recycling team to make the drivers more aware of this situation. Drivers have been more astute while on their routes and as a result they have improved on tracking issues. In addition supervisors are also notifying residents who have contaminated bins to further educate them on allowable recycling items. As a result of these efforts, according to the Solid Waste Authority, this has caused a large reduction in contamination especially in residential recycling. The Solid Waste Authority has requested to publicly compliment the Solid Waste Division and present an award for outstanding efforts to reduce contamination. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Residents are being educated by Solid Waste drivers and supervisors on proper recycling items that can be placed in the curbside bins. FISCAL IMPACT. Non -budgeted Typically tipping fees for recyclable material are waived. When a load goes to the transfer station, and if it is contaminated there is a fee of $42.00 per ton added to the recycling ticket. Thru the efforts of the recycling team the $42.00 per ton fee has dropped considerably therefore saving money in the Solid Waste Fund. ALTERNATIVES: N/A STRATEGIC PLAN: Positive and Exciting Boynton Beach Image: "Curb appeal" to Reputation STRATEGIC PLAN APPLICATION: This award shares a positive image to the residents of Boynton Beach for their recycling efforts and improvements. CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Correct participation is helping to reduce material placed in land fills and assists in helping us strive for 75% of residents who recycle. Page 18 of 408 Is this a grant? No Grant Amount: ATTACHMENTS: Type Letter REVIEWERS: Department Public Works Finance City Manager Description Letter from Solid Waste Authority Reviewer Action Date Livergood, Jeffrey Approved 12/60/2016 - 10:16 AKA Howard, Tim Approved 1/11/2016 - 12:66 PPA LaVerriere, Lori Approved 1/14/2016 - 12:60 PPA Page 19 of 408 Memorandum YOUR PARTNER FOR SOLE) WASTE I3 Palm Beach County Franchise Haulers Glenn Miller, Management Judi City . Boca Raton Chda Roberts, City of Boynton Beach From: John R Director, Customer Relations Subject: Contaminated Recycling residentialand recoveredvehicles SWA Lantana transfer contaminationstation facilities for the level of effortallowable oontarnination 7501 North Jag Road, WwtPala Beach,FI d 33412 (501) (501) 640-3400 Page 20 of 408 3.E. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Announcement by Chief Jeffrey Katz on the Boynton Beach Police Department's Quarterly Town Hall Meeting. EXPLANATION OF REQUEST: The next Boynton Beach Police Department's Town Hall Meeting is scheduled for January 21, 2016, at 7:00 p.m. and will be held in the clubhouse at Seagate of Gulfstream. The meeting is open to the public. The meeting has been announced through press releases, the Boynton Beach Police Department's website and social media sites. The meeting will be tweeted live. This will be the 9th Town Hall Meeting since Chief Katz became Chief of the Police Department. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of the meeting is to create a dialogue between the department and the community; to inform the public about initiatives within the department; to update the public on important crime trends; to listen to concerns and receive feedback. FISCAL IMPACT. None ALTERNATIVES: Do not announce the Boynton Beach Police Department's Quarterly Town Hall Meeting. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: Community Vision Principle 4 (Diverse Neighborhoods) #7 - City working collaboratively with neighborhood associations and HOA's. #8 - Safe with residents feeling secure at home in the neighborhood. Mission Principal #2 (Exceptional Municipal Services) #1 - Providing municipal services based upon and community and customer needs. #2 - Listening to, striving to understand and having compassion for the customers' situation, needs and concerns. Page 21 of 408 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Manager Finance Finance Reviewer Action LaVerriere, Lori Approved Howard, Tim Approved Howard, Tim Approved Date 111412016 - 12:44 PPA 111212016 - 6:47 PPA 1/12/2016 - 6:60 PPA Page 22 of 408 5.A. ADMINISTRATIVE 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 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: 1 Reg and 2 Alts Education and Youth Advisory Bd.: 1 Alt, 1 Stu and 1 Stu N/V Library Bd.: 1 Alt Planning and Development Bd.: 1 Alt Senior Advisory Board: 2 Regs 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: Page 23 of 408 ATTACHMENTS: Type D Attachment D Attachment D Other D Other D Attachment REVIEWERS: Department City Clerk Description Appointmetns and Applicants Bortz Brake Leal Stevens Reviewer Action Pyle, Judith Approved Date 1/6/2016 - 4:01 PPA Page 24 of 408 APPOINTMENTS AND APPLICANTS FOR JANUARY 19, 2016 Arts Commission III Fitzpatrick Reg 3 yr term to 12/18 Tabled (2) Mayor Taylor Alt 1 yr term to 12/16 Tabled (2) Applicants None Building Board of Adjustment & Appeals III Fitzpatrick Reg 3 yr term to 12/18 Tabled (2) I Merker Alt 1 yr term to 12/15 Mayor Taylor Alt 1 yr term to 12/15 Tabled (2) Applicants Paul Bortz - 2nd Choice Education and Youth Advisory Board III Fitzpatrick Alt 1 yr term to 12/16 Tabled (2) IV Casello Stu 1 yr term to 12/16 Tabled (2) Mayor Taylor Stu NN 1 yr term to 12/16 Tabled (2) Applicants None Library Board I Merker Alt 1 yr term to 12/16 Tabled (2) Applicants None Planning and Development Board 11 McCray Alt 2 yr term to 12/17 Applicants Osvaldo Leal Jewel Stevens James Brake - Current Regular Paul Bortz - 151 Choice Page 25 of 408 Senior Advisory Board IV Casello Reg 2 yr term to 12/17 III Fitzpatrick Reg 2 yr term to 12/17 Tabled (2) 1 Merker Alt 1 yr term to 12/16 Tabled (2) II McCray Alt 1 yr term to 12/16 Tabled (2) Applicants Veterans Advisory Commission III Fitzpatrick Alt Mayor Taylor Alt Applicants None 1 yr term to 12/16 Tabled (2) 1 yr term to 12/16 Tabled (2) Page 26 of 408 Stanzione, Tammy From: phbortz <no reply@ 123contactform.com > Sent: Monday, January 04, 2016 8:51 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 01/04/2016 Name Paul Bortz Gender Male Phone number 724-322-0391 Address 3418 Tuscany Way Boynton Beach FL 33435 United States Emailphbortz Lcygmail.com Current occupation or, if President /CEO / Gas & Oil Company / Real-estate Company owned retired, prior occupation Education ValleyForge Military Academy /2 years Salem College W.V Are you a registered voter? Yes 0 YV_ Y_ Do you reside within the Yes Boynton Beach City omits? Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving No on a City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board, Planning & Development Board Do you wish to s.e.rve on Yes more than one board? Second choice: Would you like to add a third choice to your Advisory Board list? Building Board of Adjustment & Appeals Yes 1 I Page 27 of 408 Third Aoice: Would you like to add a your fourth choice to your Advisory Board list? Fourth choice: Would you like to add more boards to your Advisory Boards list? Police Officers' Retirement =I Recreation & Parks Board Personal Qualifications United States Army / Pennsylvania School Board 16 years / Mayor ( City of Uniontown, Pa. ) Valley Forge Military Academy Board of Directors / Fayette County American Red Cross Chairman / Fayette County Plans and Zoning Commission / Pennsylvania Petroleum Association Director. Many other service related organizations and clubs. Professional Memberships 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 108.255.54.72 (United States) at 2016-01-04 08:51:06 on Safari 9.0.2 Entry ID: 138 Referrer: www.boynt6n-beach.org/officials/`senior advisory board.php Page 28 of 408 Stanzione, Tammy From: Jamesmbinc <noreply@123contactform.com> Sent: Friday, December 04, 2015 10:25 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 12/04/2015 Name James Brake Gender Male Phone number 561-699-3232 Address 710 SW 27th Ter Boynton Beach Florida 33435 United States Email JamcsmbincLy)qol.co Current occupation or, if Realtor retired, prior occupation Education Bachelor of Arts Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving Yes on a City board? Have you served on a City Yes board in the past? If "yes", which board(s) Planning and Development Advisory Board - current and when? Code Compliance Board - 2009 to 2011 Have you ever been convicted of a crime? If "yes", when and where? Advisory Board Palm Beach County Planning Commission - current Palm Beach County Land Development Regulation Advisory Board - current. No Planning & Development Board Page 29 of 408 D6'you wish to serve on No more than one board? Personal Qualifications Real estate licensee since 2005 Comprehensive background on several planning boards at the city and county level Professional Memberships Realtor Association of the Palm Beaches 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 108.220.238.119 (United States) at 2015-12-04 22:25:21 on Chrome 47.0.2526.73 Entry ID: 134 Referrer: boynton-beach.org/officials/advisory boardL.php Page 30 of 408 Stanzione, Tam From: ozzrosa <noreply@123contactform,com> Sent: Monday, October 12, 2015 6:01 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 10/1.2/2015 Name Osvaldo Leal Gender Male Phone number 561-736-6565 Address 660 NE 15th Place Boynton Beach Fl 33435 United States Email ozzrosa(c�bel Isouth. net Current occupation or, if program Manager (PMP) retired, prior occupation Education "Telecommunications Desighn Engineer Are you a registered voter? Yes �\L- Do you reside within the yes Boynton Beach City limits? Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving No on a City board? Have you served on a City No board in the past? If "yes", which board(s) and when? 4 -- Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Planning & Development Board Do you wish to serve on No more than one board? Personal Qualifications Have travelled domestically and internationally working with government and. enterprise corporations requiring telecommunications needs. Organized the resources used to address the required elements to make a i Page 31 of 408 corporation fully functional and successful Successfully delivered telecommunications solutions for telephone and Internet companies as well as police departments and enterprise institutions on a worldwide scale. I have managed multimillion dollar project budgets in the US as well as throughout the United States, the Caribbean, Central and Sourh America. Professional Memberships PMI Florida Chapter 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 99.10.194.250 (United States) at 2015-10-12 05:00:57 on Chrome 42.0.2311.135 Entry ID: 121 Page 32 of 408 e, Judith From: jewylstevens <noreply@123contactform.comy Sent: Thursday, October 29, 2015 12:59 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 10/2912015 Name Tewyl Stevens Gender Female Phone number 679-770-7552 Address 60 Lake Eden Dr. yes Boynton Beach FLORIDA 33435 United States Email jew °lstevens ) mail.com Current occupation limits? or, if retired, prior Radiologic Technologist, Manager, Realtor, Georgia and Florida occupation Education 2 year technical school plus some college Are you a registered yes _ voter? Do you reside within the Boynton Beach yes City limits? Do you own/manage a business within City No limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which board(s) and when? Have you ever been No convicted of a crime. If "yes", when and where? Advisory Board Planning &: Development Board I Page 33 of 408 Do you wish to serve on more than one board? Personal Many years in hospital management navigating between multiple specialized Qualifications departments to develop process and programs to enhance the services provided by the organization. (Not as easy as it sounds). Strong work ethics and moral compass. I enjoy finding solutions to difficult problems and seeing the results of having everything come together. I think the community has much untapped potential and I would like to be involved in assuring our children and grandchildren an even better place to live. Professional ARRT Memberships ASRT 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 73.0.200.70 (United States) at 2015-10-29 11:59:01 on Chrome 46.0.2490.80 Entry ID: 127 Referrer:www,boynton-beach.org/officials/advisory boards.php Page 34 of 408 6.A. CONSENTAGENDA 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-009 -Authorize the City Manager to sign a Construction Agreement between the Florida Department of Transportation and City of Boynton Beach for the purpose of constructing certain right of way improvements along South Federal Highway as part of the 500 Ocean project. EXPLANATION OF REQUEST: As part of the Florida Department of Transportation permitting process for the 500 Ocean project FDOT requires the local municipality requesting on street parking located within FDOT right of way to execute a Construction Agreement between the municipality and FDOT. The City will be simultaneously amending the developers agreement, R15-047, approved on May 5th, 2015 to include language to offset any liabilities and/or risks associated with the execution of the Construction Agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Budgeted None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type r Description Resolution approving Construction Agreement with Page 35 of 408 D Agreement D Exhibit REVIEWERS: FDOT for 500 Ocean project FDOT Construction Agreement ExhibitA Department Reviewer Action Date Development Mack, Andrew Approved 11/30/2015 - 1:49 PPA Finance Howard, Tim Rejected 12/4/2015 - 3:26 PPA Development Mack, Andrew Approved 12/14/2015 - 4:23 PPA Finance Howard, Tim Approved 1/11/2016 - 9:06 AM Legal Swanson, Lynn Approved 1/11/2016 - 11:07 AM City Manager LaVerriere, Lori Approved 1/14/2016 - 12:42 PPA Page 36 of 408 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, APPROVING A CONSTRUCTION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA DEPARTMENT OF TRANSPORTATION FOR CERTAIN RIGHT OF WAY IMPROVEMENTS ALONG SOUTH FEDERAL HIGHWAY AS PART OF THE 500 OCEAN PROJECT AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as part of the Florida Department of Transportation permitting process for the 500 Ocean project FDOT requires the local municipality requesting on - street parking located within FDOT right of way to execute a Construction Agreement between the municipality and FDOT; and WHEREAS, simultaneously, the City will be amending the developers agreement approved via R15-047, approved on May 5th 2015 to include language to offset any liabilities and/or risks associated with the execution of the Construction Agreement; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach Florida deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize the City Manager to sign the Construction Agreement between the City of Boynton Beach and Florida Department of Transportation for the purpose of constructing certain right of way improvements along South Federal Highway as part of the 500 Ocean project. 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 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\9F269FCE-4D44-43EE-A477-F207EEABCC6A\Boynton Beach. 2600. 1. Construction_Agreement_ with_FDOT(500_Ocean)_-_Reso. doc Page 37 of 408 30 adoption. 31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 32 approves and authorizes the City Manager to sign a Construction Agreement between the 33 Florida Department of Transportation and City of Boynton Beach for the purpose of 34 constructing certain right of way improvements along South Federal Highway as part of 35 the 500 Ocean project, a copy of the Construction Agreement is attached hereto as Exhibit 36 "A". 37 Section 3. That this Resolution shall become effective immediately. 38 PASSED AND ADOPTED this day of , 2016. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 (Corporate Seal) 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 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\9F269FCE-4D44-43EE-A477-F207EEABCC6A\Boynton Beach. 2600. 1. Construction_Agreement_ with_FDOT(500_Ocean)_-_Reso. doc Page 38 of 408 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850-040-89 CONSTRUCTION AGREEMENT MAINTENANCE OGC — 07/13 Page 1 of 4 Construction Agreement No.: THIS CONSTRUCTION AGREEMENT (this "Agreement") is made and entered into by and between the State of Florida, Department of Transportation, (Address) (hereinafter referred to as the "DEPARTMENT") and City of Boynton Beach, Florida 100 East Boynton Beach, Boynton Beach Florida 33435 (hereinafter referred to as the "Construction Coordinator"). WITNESSETH: WHEREAS, the DEPARTMENT is authorized and required by Section 334.044(13), Florida Statutes, to coordinate the planning, development, and operation of the State Highway System; and WHEREAS, pursuant to Section 339.282, Florida Statutes, the DEPARTMENT may contract with a property owner to finance, construct, and improve public transportation facilities; and WHEREAS, the Construction Coordinator proposes to construct certain improvements to SR Section Subsection from Begin MP to End MP Local Name City of Boynton Beach, Florida located in Palm Beach County (hereinafter referred to as the "Project"); and WHEREAS, the parties desire to enter into this Agreement for the Construction Coordinator to make improvements within the DEPARTMENT'S right of way to construct the Project, which will become the property of the Department upon acceptance of the work. NOW, THEREFORE, based on the premises above, and in consideration of the mutual covenants contained herein, the parties hereby agree that the construction of the Project shall proceed in accordance with the following terms and conditions: 1. The recitals set forth above are specifically incorporated herein by reference and made a part of this Agreement. The Construction Coordinator is authorized, subject to the conditions set forth herein, to enter the DEPARTMENT'S right of way to perform all activities necessary for the construction of See attached exhibit A scope of services/special provisions. 2. The Project shall be designed and constructed in accordance with the latest edition of the DEPARTMENT'S Standard Specifications for Road and Bridge Construction and DEPARTMENT Design Standards and Manual of Uniform Traffic Control Devices ("MUTCD"). The following guidelines shall apply as deemed appropriate by the DEPARTMENT: the DEPARTMENT Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the DEPARTMENT Plans Preparation Manual ("PPM") Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green Book") and the DEPARTMENT Traffic Engineering Manual. The Construction Coordinator will be required to submit any construction plans required by the DEPARTMENT for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Construction Coordinator shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being constructed. The Construction Coordinator shall maintain the area of the project at all times and coordinate any work needs of the DEPARTMENT during construction of the project. 3. The Construction Coordinator shall notify the DEPARTMENT a minimum of 48 hours before beginning construction within DEPARTMENT right of way. The Construction Coordinator shall notify the DEPARTMENT should construction be suspended for more than 5 working days. 4. Pursuant to Section 7-13 of the DEPARTMENT Standard Specifications, the Construction Coordinator is required to possess a general liability insurance naming the DEPARTMENT as an additional insured and insuring the DEPARTMENT and the Construction Coordinator against any and all claims for injury or damage to persons and property, and for the loss of life or property that may occur (directly or indirectly) by reason of the Construction Coordinator accessing DEPARTMENT right of way and the Construction Coordinator's performance of the Project. Such amount shall be carried in a minimum amount of not less than and 00/100 Dollars ($ ) for bodily injury or death to any one person or any number of persons in any one occurrence, and not less than and 00/100 Dollars ($ ) for property damage, or a combined coverage of not less than and 00/100 Dollars ($ ). Additionally, the Construction Coordinator shall supply the DEPARTMENT with a payment and performance bond in the amount of the estimated cost of construction, provided by a surety authorized to do business in the State of Florida, payable to the DEPARTMENT. The bond and insurance shall remain in effect until completion of construction and acceptance by the DEPARTMENT. Prior to commencement of the Project and on such other occasions as the DEPARTMENT may reasonably require, the Construction Coordinator shall provide the DEPARTMENT with certificates documenting that the required insurance coverage is in place and effective. If the Construction Coordinator is a governmental entity they will be exempt from these requirements. 5. The Construction Coordinator shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") throughout the course of the project in accordance with the latest edition of the DEPARTMENT Standard Specifications, section 102. The Construction Coordinator is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the DEPARTMENT Design Standards, Index 600 series. Any MOT plan developed by the Construction Coordinator that deviates from the DEPARTMENT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the DEPARTMENT prior to implementation. 6. The Construction Coordinator shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Page 39 of 408 850-040-89 MAINTENANCE OGC — 07/13 Page 2 of 4 7. The Construction Coordinator will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. 8. It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements resulting from this agreement shall become the property of the DEPARTMENT. Neither the granting of the permission to use the DEPARTMENT right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create or vest any property right to or in the Construction Coordinator, except as may otherwise be provided in separate agreements. The Construction Coordinator shall not acquire any right, title, interest or estate in DEPARTMENT right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Construction Coordinator's use, occupancy or possession of DEPARTMENT right of way. The parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to chapter 163, Florida Statutes. 9. The Construction Coordinator shall perform all required testing associated with the design and construction of the project. Testing results shall be made available to the DEPARTMENT upon request. The DEPARTMENT shall have the right to perform its own independent testing during the course of the Project. 10. The Construction Coordinator shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the DEPARTMENT, applicable Water Management District, Florida Department of Environmental Protection, Environmental Protection Agency, the Army Corps of Engineers, the United States Coast Guard and local governmental entities. 11. If the DEPARTMENT determines a condition exists which threatens the public's safety, the DEPARTMENT may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right of way at the sole cost, expense, and effort of the Construction Coordinator. The Construction Coordinator shall bear all construction delay costs incurred by the DEPARTMENT. 12. All work and construction shall be completed within days of the date of the last signature affixed to this agreement. If construction is not completed within this time, the DEPARTMENT may make a claim on the bond. The DEPARTMENT may terminate this Agreement at any time, with or without cause and without DEPARTMENT liability to the Construction Coordinator, by providing sixty (60) days prior written notice of termination to the Construction Coordinator. 13. The Construction Coordinator shall be responsible to maintain and restore all features that might require relocation within the DEPARTMENT right of way. 14. The Construction Coordinator will be responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. 15. Upon completion of construction, the Construction Coordinator will be required to submit to the DEPARTMENT final as -built plans and an engineering certification that construction was completed in accordance to the plans. Prior to the termination of this Agreement, the Construction Coordinator shall remove its presence, including, but not limited to, all of the Construction Coordinator's property, machinery, and equipment from DEPARTMENT right of way and shall restore those portions of DEPARTMENT right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. 16. If the DEPARTMENT determines that the Project is not completed in accordance with the provisions of this Agreement, the DEPARTMENT shall deliver written notification of such to the Construction Coordinator. The Construction Coordinator shall have thirty (30) days from the date of receipt of the DEPARTMENT'S written notice, or such other time as the Construction Coordinator and the DEPARTMENT mutually agree to in writing, to complete the Project and provide the DEPARTMENT with written notice of the same (the "Notice of Completion"). If the Construction Coordinator fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the DEPARTMENT, within its discretion may: 1) provide the Construction Coordinator with written authorization granting such additional time as the DEPARTMENT deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Construction Coordinator's sole cost and expense, without DEPARTMENT liability to the Construction Coordinator for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the DEPARTMENT elects to correct the deficiency(ies), the DEPARTMENT shall provide the Construction Coordinator with an invoice for the costs incurred by the DEPARTMENT and the Construction Coordinator shall pay the invoice within thirty (30) days of the date of the invoice. 17. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the DEPARTMENT'S sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. The DEPARTMENT'S liability for breach of this Agreement is limited in amount and shall not exceed the limitations of liability for tort actions as set forth in Section 768.28(5), Florida Statutes. 18. All formal notices, proposed changes and determinations between the parties hereto and those required by this Agreement, including, but not limited to, changes to the notification addresses set forth below, shall be in writing and shall be sufficient if mailed by regular United States mail, postage prepaid, to the parties at the contact information listed below. 19. The Construction Coordinator shall not cause any liens or encumbrances to attach to any portion of DEPARTMENT right of way. 20. This Agreement shall be governed by the laws of the State of Florida in terms of interpretation and performance. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida. 21. The Construction Coordinator may not assign, pledge or transfer any of the rights, duties and obligations provided in this Agreement without the prior written consent of the DEPARTMENT'S District Secretary or his/her designee. The DEPARTMENT has the sole discretion and authority to grant or deny proposed assignments, with or without cause. Nothing herein shall prevent the Construction Coordinator from delegating its duties hereunder, but such delegation shall not release the Construction Coordinator from its obligation to perform this Agreement. Page 40 of 408 850-040-89 MAINTENANCE OGC — 07/13 Page 3 of 4 22. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations or remedies upon any other person or entity except as expressly provided for herein. 23. This instrument, together with the attached exhibits and documents made part hereof by reference, contain the entire agreement of the parties and no representations or promises have been made except those that are specifically set out in this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties with respect to the subject matter of this Agreement, and any part hereof, are waived, merged herein and superseded hereby. 24. By their signature below, the parties hereby acknowledge the receipt, adequacy and sufficiency of consideration provided in this Agreement and forever waive the right to object to or otherwise challenge the same. 25. The failure of either party to insist on one or more occasions on the strict performance or compliance with any term or provision of this Agreement shall not be deemed a waiver or relinquished in the future of the enforcement thereof, and it shall continue in full force and effect unless waived or relinquished in writing by the party seeking to enforce the same. 26. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party's legal representative drafted the provision. 27. If any section, paragraph, clause or provision of this Agreement is adjudged by a court, agency or authority of competent jurisdiction to be invalid, illegal or otherwise unenforceable, all remaining parts of this Agreement shall remain in full force and effect and the parties shall be bound thereby so long as principle purposes of this Agreement remain enforceable. 28. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 29. The Construction Coordinator agrees to promptly indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents and employees from and pay all demands, claims, judgments, liabilities, damages, fines, fees, taxes, assessments, penalties, costs, expenses, attorneys' fees and suits of any nature or kind whatsoever caused by, or arising out of or related to the performance or breach of this Agreement by the Construction Coordinator, including, without limitation, performance of the Project within the DEPARTMENT'S right of way. The term "liabilities" shall specifically include, without limitation, any act, action, neglect or omission by the Construction Coordinator, its officers, agents, employees or representatives in any way pertaining to this Agreement, whether direct or indirect, except that neither the Construction Coordinator nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole negligence, intentional or wrongful acts of the DEPARTMENT or any of its officers, agents or employees. The Construction Coordinator shall notify the DEPARTMENT in writing immediately upon becoming aware of such liabilities. The Construction Coordinator's inability to evaluate liability, or its evaluation of liability, shall not excuse performance of the provisions of this paragraph. The indemnities assumed by the Construction Coordinator shall survive termination of this Agreement. The insurance coverage and limits required in this Agreement may or may not be adequate to protect the DEPARTMENT and such insurance coverage shall not be deemed a limitation on the Construction Coordinator's liability under the indemnities granted to the DEPARTMENT in this Agreement. 30. Construction Coordinator: (1) shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Construction Coordinator during the term of the contract; and (2) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 31. COMPLIANCE WITH LAWS The Construction Coordinator shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Construction Coordinator in conjunction with this Agreement. Specifically, if the Construction Coordinator is acting on behalf of a public agency the Construction Coordinator shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the Construction Coordinator. (2) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Construction Coordinator upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. Failure by the Construction Coordinator to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The Construction Coordinator shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of the Construction Coordinator and shall promptly provide the Department a copy of the Construction Coordinator's response to each such request. Page 41 of 408 850-040-89 MAINTENANCE OGC — 07/13 Page 4 of 4 CONSTRUCTION COORDINATOR CONTACT INFORMATION Name Lori LaVerriere Title City Manager Office No. (561) 742-6010 Cell (561) 876-7150 Email LaVerriereL(a)bbfl.us Name Andrew P. Mack, P.E. (Alternate Contact) Title Director of Development/City Engineer Office No. (561) 742-6374 Cell (561) 797-6628 Email MackA(a)bbfl.us Mail Address 100 East Bovnton Beach Boulevard. Bovnton Beach Florida 33435 IN WITNESS WHEREOF, Construction Coordinator and the DEPARTMENT have executed this Agreement for the purposes herein expressed on the dates indicated below. CONSTRUCTION COORDINATOR By: DEPARTMENT OF TRANSPORTATION (Signature) By: Lori LaVerriere (Print Name) City Manager (Title) (Date) Legal Review: _ (Signature) (Print Name) (Title) (Date) Page 42 of 408 EXHIBIT A I. SCOPE OF SERVICES Provide a description of the improvements proposed within FDOT ROW. It PROJECT PLANS The Construction Coordinator is authorized to install the Project in accordance with the attached plans prepared by XXXXXXXX, P.E. and dated MM/DD/YYYY. Any revisions must be approved by the DEPARTMENT in writing. III. SPECIAL PROVISIONS FOR CONSTRUCTION Add special conditions that apply to the proposed improvements (i.e. pre -construction conference required, agreement subject to Construction Coordinator obtaining all necessary permits from other agencies, submit as -built plans, etc.) IV. MODIFICATIONS TO BASIC AGREEMENT The following sections shall be modified as indicated below: A. Section 12: The following sentence shall be added: The DEPARMENT and City manager of the CONSTRUCTION COORDINATOR may extend the completion date, if mutually agreed to in writing. B. Section 17: The following shall be added: Nothing in this agreement shall be interpreted as waiving the CONSTRUCTION COORDINATOR'S sovereign immunity protection as set forth in Section 768.28, Florida Statutes. Page 43 of 408 M CONSENTAGENDA 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-010 -Approve and authorize signing of an Agreement for Water Service outside the City limits with Edin and Elizabeth Mehanovic for the property at 820 Bamboo Lane, Delray Beach, FL. EXPLANATION OF REQUEST: The property covered by this Agreement is located in the unincorporated Palm Beach County area outside of the City limits in our water service area, East of Federal Highway and South of SE 23rd Avenue. The property historically receives water from a well and the owner now requests that we provide potable water in the future. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City is able to provide water to the property. The owner agrees to be responsible for all costs to provide service to the owner's premises. No additional construction is required by the City to serve this property. FISCAL IMPACT. Customers outside the City limits pay an additional 25% surcharge above the water rates charged to customers within the City. ALTERNATIVES: Deny request to provide service. If service is denied the Consumptive Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limiting restriction #19 that states "The Permittee shall notify the District within 30 days of any change in the service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction." STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 44 of 408 ATTACHMENTS: Type Description Resolution approving Water Service Agreement for 820 Bamboo Lane WSA Backup Backup Page 45 of 408 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 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND EDIN AND ELIZABETH MEHANOVIC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, located at 820 Bamboo Lane, Delray Beach, Florida (PCN: 00- 43-46-04-00-001-0250); and WHEREAS, the parcel covered by this agreement includes a single family home located in the unincorporated Palm Beach County which receives water from a well; and WHEREAS, a water distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the Interim City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Edin and Elizabeth Mehanovic, a copy of said Agreement is attached hereto as Exhibit M C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\38BA6A92-7CD5-4029-867C-57E4CD6CB27B\Boynton Beach. 2604.1.820 Bamboo Lane WSA - Reso.doc Page 46 of 408 29 Section 3. This Resolution shall become effective immediately upon passage. 30 PASSED AND ADOPTED this day of 2016. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ATTEST: 49 50 51 52 Judith A. Pyle, CMC 53 Interim City Clerk 54 55 56 57 (Corporate Seal) 58 CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\38BA6A92-7CD5-4029-867C-57E4CD6CB27B\Boynton Beach. 2604.1.820 Bamboo Lane WSA - Reso.doc Page 47 of 408 Water Service re, eats Outsidethe City 0rRoynton A ch Lfinits (Single Fallifly Mums) TO: APPLICAN-11S FOR WAkTER SERME OUTSIDETREC CIT Y Ir (S-INGLUE FAINTILY 110D.TES) .1.40WIS FROM: CVTY OF BOYNTOI,%, BEACR UTILITIES DEE111TIKENT RE- N01 -TER S' C' AGIPRER IVIENTS 1. Plane note that all blan U- (other than signatures) are to be" or legiblyprintad. 2. Niunes in the blanks must match the owners, name Moctly as it- a ppee I a on the Dead to the Property. • Conbct example: John Ralph Customer and AUce D. Customer • Incorrect example: John R. and Alice D. Customer • Incorrect example. John and Alice Customer 3. Sign the Agreement for Water Service Outside the City Limits and Covenant forAnnexud ( o n p 4) d the sepnrate Irrevocable Special Power of Attorney. on an 4. Have Al a! -,.,matures properly witnessed and notairized on bothAgreements, including the fall names inserted in the Notary's Certification. 5. Provide the Property Control Number below and attach a copy of the Dead to the Property and log. -I description (Label3-d "EXHIBIT A"). 6. Provide the Owner's Information and ProllartY Information requested below. 7. Return &I1 documents to Utilities Administration Office, 124 E Woo Rd, Boynton Beach FL, 33435. sincerely, Customer Service Manager - Utilities Finance Department MadingAddress: ?408 C-kem(Ly W... No. & Street boo 001 State ZO Code Home Telephone Xo Mobile Telephone No. Etw—e* hL60—rm—gon, A&iress: &1-,M eOO LQ Z C R-r-� Street City State Zip Code County Appraiser's Office Property Control Number (PCN) 116 —o I/ — 00 — oo U:\WSA fbrmskCover Letter - Single Family Homes] 0-7-15 Page 48 of 408 fill Tor. I TA WITNESSETEL the City and the Owner s M co N Nis A -im 0 1. Owner(s) represmts and coven%its that it ovms the following described real property (hereinafter "Property") located outside the boundaries of the City, but in the City's water and wastewater service area: 2. The City agrees to provide Owner(s) with water services from the City Watex Systeni vnly as necessary to s-,rvice the Property. 3. Owner(s) shall not use Or supply water it receives from the City to service or benefit any property other than the Property described in paragrePh I above, unless written permission is granted by the City of Boynton Beach. 5. The Owner(s) agrees to pay all costs of engineering, material, labor, installation, anI inspection of the facilities as required by the City Code to provide service to the Owner(sys Property. JA7�XWuL-W ImSpEcdon Dy-ite Laty IRML2i 7. The City shall have the Option Of either requiring (a) the Owner(s) to use a licensed contractor to perfortn the necessary work or hi) jk-e r -i, imam U;\WSA forma\WSA (Individual) 8-22-12,dot Page 49 of 408 COVENANT FOR ANN."EXAnON (Individuals) 8. Any water main extension made under the Agreement shall ba, used only for Property of the Owne-tA� u—nless written ii�-ermissisji*a-giva7o. or parties to connect pursuant to the Code of O-1dinances and regulations of Boynton Beach. 9. Ownership and title to all mains, extensions, and other facilities extended from the City Water Distribution System to and including the mwered service to Owner(s) shall be vested in the City exclusively unless otherwise conveyed or abandoned to tho property owner. 10. The Owr-er(s) agrees to Pay all charges, deposits, and rates for service and equipment in connection with water servico outside the City Limits applicable under City Code of Ordinances and raw schedules which are now applicable or as may be changed from time to time, 11. Owner(s) shall pay a twenty-five percent (2W*) surcharge on all base facty and water use charges to the Property. 12. Any rights-of-way or easements needed by the City to provide water to the be provided by the Owner(s) and at the Owner(s)'s expense. , property shall 13. It is undmtood by the Owner(s), and shall be binding upon the Owner(s), his or her transferees, grantees, heirs, successors, and assigns, that all water to be RuTAshed, supplied, and - sold under this Agreement is made available from surplus. If the surplus does not axist at the time of Owner(s)s actual request for commencement of service, as determined by the City's Director of Utilities, then this CITY, without liability, may refuse to initiate service to the subject Property. 14. The Owner(s) further agrees in consideration of the privilege of receiving water service tvlat vr&"' -A76WET in=T. 'W IM .6=a"STaLuMs or any successor or amendment - A I thereto. Fuithermore, should any other genem-1 law, special act, or local law be enacted which. provides for voluntary or consensual annexation, this Agreement shall also be considered a request by the Owner(s) for annexation under such ♦other laws. The Property shall be subject to r; r4 at the option of the City at any time eligible under any one or more of the above - referenced laws conomming annexation. Owner(s) will infbrm any and all purchasers of this property of this voluntary Petition for Annexation and its applicabties to such purchasers. 15. The Owner(s) acknowledges that this Agreement is intended to be and is hereby made a covenant running with the land described in paragrapli I above. This Agreement is to be recorded in the Public Records of Palm Beach County, Florida, and the Owner(s) and all subsequent transferees, grantees, heirs, or assigns of Owner(s) shall be bound by this Agrearnent. 36. 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 prohibitio or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is r reduction, impairment or termination of water semice due to acts of God, Page 2 of 5 Page 50 of 408 accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties, or other circumstances beyond the City's reasonable control. AGREEMENT FORUATER SER!"'ICE OUTSIDE THE CITY LIT*H'17S AND C 01* rE YNT,41, IN", F 0 R AUX N EXT A111 0 X (-IndIVId-,,,5sN) IVXI-T#,T*IwnP- h b 21C L FM *AT PM4T'*TT.'I fit Uunguuvil urder or performance pummt to this Agreement, including disputes for breach of WM=ty of tide. ""6141 WHISAW& 0 . 4is A0 194,1WI: I I t4 all 019ba 0#IAiT;VII If- ffr� I - -v'p- 19- The Owner(s) wanUnts to the City that the Owner(s) holds legal and beneficial title to the Property which is the subject of this Agreement. 20. In the event of a We of the Property by Owner(s), ownet(s) agrees to provide Witten notice of the existence of this Agreement to the buyer of the Property prior to or in conjunction with the closing of the sale transaction, r-1-2-EEMAINDER OF TITS PAGE TNTENTIONkLLY LEFT BLANK) TWO (2) SIG NATUICI, RAGER S FO-LIri W IST -W4• . Page 51 of 408 AGREEMENT FOR VVATEIR'SE, RVICE 0TY-17SIDE THE CITYLEVUTS AND COVE'DUNT F01k ANNEXA3710N (rujividums) IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 7-2— day of =b V-7 C- 0-, brm ---, 20±1_�. Sealed and delivered in the preseace TWO WrINESSES as to each Owner; First W* e96 Sigiiature f Printed Witness Name 8 on1. Witness Signature I QE-A)A MAJ61.12, Printed Witness Name First Wita-e-WSignature r . Pri%r,,cd Witness Narne Sezond Witness Signature —V9-10-0 IMME-6 Printed Witness Name STATE OF FLORMA ) ss: COUNTY OF PALM BEACH 110MIF1111 Oature FMAS 1"t (—ZjYA-.A" U (C Printed Owner Name Printed Owrter Name V.-MOVVIR4111 I I I i 1 4 A7717; MM4 R. w 0G-1 1-717 i; M 1 .75 01 6 00 1* 4'. 4 Notaty Public S4pu1re itfh V. P2.1 "A' Name ofNobkry Pubfic Commission Nuniber, U:\WSA forms\WSA (Individual) 8-22-12.doc Page 52 of 408 AGRE RNEET NT FOR WATER 8E.RVjf,--'76, OU�jpSTL)E . - C11T U1 S HE VII T AND. COVENANT FOR ANVEXATIONT (11adivid eels) C OF' R 0 YIN T C -V E Lp -it C, 11, r' .1 in, I U D A A Florida municipal corporation ityl Lori LaVerriere, City Manager J�;19 R929M Approved as to Fonn: Rp.1 STATE OF FLORIDA ) as: COUNTY OF PALM BEACH Y CEIRTWY that on this day. before It anoffia;;� di . TIV ON% 1f R10 Pilo Lha, wijl W w wiwaii =, Sala City and 11P . aL affiked dwWo Is ft true clig rpoMe seal of said City. MIMSS my hand and official seal in the, County and State last aforesaid ft — day of 20 9� M iu- 20,27M 1I I My Commission Expires: Commission NL—rA V* -+F), Page 53 of 408 IPU IEVOCA11ME SPEC1AL FOMriflUt. OF AT`r0,R.N1Ey (Individwals) 1W 114104,121VA U4291W3,80XIM9 ,, 1 Vor Grante.- and in Grantee's nsmew behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for armexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CrrY OF BOYNTON BEACH fall and complete authmity to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: PCN No.: 0 00 - 0o 0 2 5-0 7he powers and authority of my attorney, THE CITY OF BOYNTON BEACIP FLORIDA, shall commence and be in M force and effect on the - 9- Z- day of 0'c- C C�-k tAl:N1- 20 Q�and the powers and authority shall be irrevocable by Grantee. (REMAINDEM OF TH18 PAGE INITE, IMONAL11-1e LTEi ITT BLANK) K WMIRE WMA formsTower of Attomey (individual) 8-22-12 (3).doc Page 54 of 408 11 11, 11ir � 11 jq;; 16 11 PAW 1N WITNESS WHEREOF, we have hereunto set our hands and sm1s this 2-L day 94.-PIL-, in the year 20_L�. I 11 - 4 111 1PM - - 0 0 1 ' 'I * I T'WO WrINESSES n as to each 0 "4 ed �42- F!rst ln4s Signature j PrintWitness Narne )wj r Second 'Witness Signature aN-8 Prin' ted Witness Name 1; 1 V N R Second Witness Signature __QLA)�A)616S Printed Witness Name STATE OF FLORIDA )SS. - COUNTY OF PALM BEACH INDWMUAL(S) AS OWNER(S): Owner Signature Printe,d Owner Name 10 hmm7-wri- 0 lir kSe U:F1CtAL SEAL. MARTA V.MARTW tl NODW PMC � STATE OF ILLOOS 072ME U.VvVSA formaftwor of Attorney (Individual) 8.22-12 (3).doc Page 55 of 408 z Number of Units 1 *Total Square 2776 Acres 0.46 Feet Use Code 0100 - SIMGLE Zing RM - Multi -Family (Ili di Density) (00- FAon in U',14INCORPORATE D Tax Yiqiir 2015 2014 2013 Improvement Value S24,664 58,578 Land Value $620,000 5620,000 Total Market Value, $644864 t622 5751 Tax Year Assessed Value Taxable Value Tax Year Ad Valorem Non Ad Valorem Totaltax All valluus are as of January 1st each year 2015 2014 $644.864 $628,578 so $0 $644,864 $628,578 2013 $657,582 $0 $657,582 2015 2014 2013 $11,990 S11,818 $12,405 $316 $320 $317 $12,306 $12,138 $12,722 hup:llwww.co-pahn-beach.fl.uslpapalAspsIProe rtyDetaillPropertyDetail.aspx?parce1=00... 11/19/2015 Page 56 of 408 Gary R, MkAm CFA t �Icrrstzlrnid &&nrten Property Appraiser Location Address 820 BAMBOO LN Municipality UNINCORPORATED Parcel Control Numbar OD -43-46-04-00-001-0250 Subdivision Official Records Book 24862 Page 681 Sale Date NOV-2011 Legal Description 4-46-43,EI50.--TOFS104.SF-Od-N424.7FT.6,!V,40FTOFE19OFTOF S 94.5 FT OF N 427FT OF GOV LT 1611 OF FIND CNN & Owners Mailing aedress IMEHANOVIC ERIN & 2908 CHERRYHILL CT ;M.EHANOVIC ELIZABETH MC HENRY IL 60050 1731 Sale -s Date Price OR cook/Page Sal -v- TYI)e Owner NOV-2011 $735,000 24862 10681 WARRANTY DEED MEHANOVIC ERIN & JUL-2001 S10 13401 /1103 QUIT CLAIM SHAFFERJEFFREY & FES -2000 $360,000 11601/ 0142 DEED OF TRUST SHAFFERJEFF OCT -1991 $240.000 07013 10589 WARRANTY DEED z Number of Units 1 *Total Square 2776 Acres 0.46 Feet Use Code 0100 - SIMGLE Zing RM - Multi -Family (Ili di Density) (00- FAon in U',14INCORPORATE D Tax Yiqiir 2015 2014 2013 Improvement Value S24,664 58,578 Land Value $620,000 5620,000 Total Market Value, $644864 t622 5751 Tax Year Assessed Value Taxable Value Tax Year Ad Valorem Non Ad Valorem Totaltax All valluus are as of January 1st each year 2015 2014 $644.864 $628,578 so $0 $644,864 $628,578 2013 $657,582 $0 $657,582 2015 2014 2013 $11,990 S11,818 $12,405 $316 $320 $317 $12,306 $12,138 $12,722 hup:llwww.co-pahn-beach.fl.uslpapalAspsIProe rtyDetaillPropertyDetail.aspx?parce1=00... 11/19/2015 Page 56 of 408 N Ed A r4 tmffM 14 ZVI ra ro 1,%7-kjCk?,iST ,4Z ri, 'IT F I .2, , ZVI Q ro looms= r .m"&H -WAXICOI-I'SY14L sm Page 57 of 408 6.C. CONSENTAGENDA 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-011 - Approve and adopt the Recreation & Parks Department 2015 - 2020 System Master Plan. EXPLANATION OF REQUEST. The System Master Plan provides guidance and policy direction for the Recreation & Parks Department's role in the community. The plan shapes the delivery of department -provided recreation and parks services in a manner that is consistent and complimentary to the City's strategic goals. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The System Master Plan is the Department's principal planning document, providing a framework for the provision of services as well as policy direction. The Master Plan includes the Department's mission, vision and vaudes as well as an analysis of current conditions and challenges. The Plan is designed to provide a high-level framework that will help the Department develop the strategies and actions that will lead to success over time. 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 r Description Resolution approving the Recreation & Parks 2015 - 2020 System Master Plan Page 58 of 408 REVIEWERS: Department Reviewer Recreation & Parks Majors, Wally Assistant City Manager Pyle, Judith Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Rec and Park System Master Plan Action Date Approved 111412016 - 10:11 AM Approved 1/14/2016 - 12:01 PPA Approved 1/14/2016 - 1:34 PPA Approved 1/14/2016 - 3:36 PPA Approved 1/15/2016 - 10:55 AM Page 59 of 408 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 RESOLUTION R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ADOPTING THE RECREATION AND PARKS DEPARTMENT 2015 — 2020 SYSTEM MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the System Master Plan provides guidance and policy direction for the Recreation & Parks Department's role in the community; and WHEREAS, this Plan shapes the delivery of department provided recreation and parks services in a manner that is consistent and complimentary to the City's strategic goals; and WHEREAS, the System Master Plan is the Department's principal planning document providing a framework for the provision of services as well as policy direction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and adopt the Recreation and Parks Department 2015 — 2020 System Master Plan, a copy of the Plan is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\5406019C-6DDC-4EAD-B13A-69C371712600\Boynton Beach. 2631.1.Parks- _System_Master Plan _-_Reso.doc Page 60 of 408 26 PASSED AND ADOPTED this day of , 2016. 27 28 29 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 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 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\5406019C-6DDC-4EAD-B13A-69C371712600\Boynton Beach. 2631.1.Parks- _System_Master Plan _-_Reso.doc Page 61 of 408 City Commission Mayor Jerry Taylor Vice Mayor Joe Casello Commissioner Mike Fitzpatrick Commissioner Mack McCray Commissioner David Merker Recreation and Parks Advisory Board Elizabeth (Betty) Pierce -Roe, Chair Michael Byrd Jeffrey Fromknecht Charles Kanter Robert Lapin Catherine Scantlan Renee Stern Julie Mondello Daniel Schapiro City Staff Lori LaVerriere, City Manager Wally Majors, Recreation and Parks Director Sherri Claude, Recreation Administrator Virginia Shea, Senior Recreation Manager Mary DeGraffenreidt, Events & Programs Manager Recreation and Parks System Master Plan Page 63 of 48 Table of Contents Introduction............................................................................................................................................4 DepartmentOverview.............................................................................................................................5 Service Area and Authority....................................................................................................................5 Inventory................................................................................................................................................5 Organizational Mission, Vision and Values..........................................................................................••5 Assessment of the Department................................................................................................................g ParkClassifications.................................................................................................................................g Resources.............................................................................................................................................11 ExistingPark System................................................................................................................11 FuturePark Sites......................................................................................................................12 RecreationFacilities.................................................................................................................12 PresentConditions...............................................................................................................................13 Parksand Facilities...................................................................................................................13 Levelsof Service (LOS).............................................................................................................19 Future Parks and Facilities.......................................................................................................19 Personnel.................................................................................................................................21 Funding.................................................................................................................................................26 Capital Improvement Program.............................................................................................................27 Trends...................................................................................................................................................32 SWOT.................................................................................................................................................... 35 NeedsAssessment...............................................................................................................................35 CommunityInventory..........................................................................................................................38 CommunityInput..................................................................................................................................39 Goals, Objectives and Policies................................................................................................................40 Recommendations................................................................................................................................45 Strategies..............................................................................................................................................46 Summary..............................................................................................................................................46 Recreation and Parks System Master Plan Page 64 of 48 EFEMLEEMEM Parks and recreation is an essential element of any healthy and vibrant community, providing individual, social and economic value. People rely on Boynton Beach's parks, open spaces and recreation programs because of the many benefits they provide, including health and social well-being, environmental sustainability and economic development. The Recreation and Parks Department encourages individuals and groups to connect with one another, and through its parks and programs creates welcoming, diverse, open and fun spaces and environments. The City of Boynton Beach Recreation and Parks Department's System Master Plan is the Department's principal planning document and provides the overall guidance and policy direction for the Department's role in the community. The plan shapes the delivery of department -provided recreation and parks services in a manner that is consistent with city strategic goals and meets the community's level of service standards. It includes the department's mission, vision and values as well as an analysis of current conditions and challenges. It also includes broad, long-range goals, policies and recommendations for the provision of recreation facilities, programs and services, park acquisition and development, maintenance and operations, and administration and management that will allow the Department to effectively serve the community's needs and be responsible stewards of public assets. It is designed to provide a high-level framework that will help the Department develop the strategies and actions that will lead to success over time. Recreation and Parks System Master Plan Page 65 of 48 SERVICE AREA AND AUTHORITY The Department serves over 73,000 residents of Boynton Beach, as well as thousands of county residents, seasonal residents and visitors to the city each year. Citizens elect a four member commission from single member districts, and a city-wide mayor. The Commission hires the City Manager. The Recreation & Parks Director reports to the Assistant City Manager. INVENTORY The Boynton Beach Recreation and Parks Department currently consists of 29 developed parks and eight undeveloped park sites. Taken as a whole, these parks and open spaces create a green infrastructure that provides a refuge from the bustle of life, making Boynton Beach a more beautiful and livable city. Such spaces also serve to sustain and protect our ecosystem for current and future generations through the preservation of habitat, improvement of air and water quality, and encouragement of civic pride in the community's natural resources. The Recreation and Parks Department also operates a range of facilities devoted to providing a wealth of recreation, health and education opportunities. These facilities include community centers, an art center, a senior center, athletic facilities, a pool, tennis courts and fishing piers. Recreational programming offered within and outside of these facilities enriches the lives of all people, including at -risk youth, people with disabilities, seniors and families. ORGANIZATIONAL MISSION, VISION AND VALUES Mission Recreation and parks enhances the quality of life and nurtures the health and well being of our community, economy and environment. The professional staff members of the Boynton Beach Recreation and Parks Department strive to meet the needs of the greater Boynton Beach area by offering high quality, diverse recreational opportunities that promote physical health, social well-being and a strong sense of community. Recreation and Parks System Master Plan Page 66 of 48 Vision Our vision is to be a leading and well-respected, nationally accredited agency providing exceptional, widely accessible facilities and services that meet the needs and contribute to the health and well- being of the community while preserving its history and embracing its future. We seek to lead our diverse and ever-changing neighborhoods and communities in discovering the unique parks and open spaces and exceptional and essential recreation facilities, programs and opportunities available in Boynton Beach. Boynton Beach's Recreation and Parks Department inspires patrons to create lifetime memories and provide healthy indoor and outdoor recreation experiences while preserving the history of the community and embracing its future. The Department will conduct its recreation programs and preserve and maintain parks, open spaces and facilities and contribute to the economic development, environmental sustainability and social well- being of our broad community while making life fun for all citizens. We are community driven. Together and in partnership with other organizations, we: Contribute to economic development Developing and providing enriching programs helps to create healthy communities, reduce crime and vandalism, foster business retention and expansion, and enhance tourism. Recreation and Parks is good for the entire community! Contribute to environmental sustainability We strive to make the importance of recreation and parks more evident to the public, by promoting parks as the center of communities and seeing City facilities as safe havens. The Department will continue serve as stewards by maintaining and preserving parks, open spaces and natural areas while addressing accessibility for all. It is vital to encourage environmental and natural resource management — through public awareness, and preservation. Recreation programs and parks enrich our human and natural resources. Contribute to the social well being and safety of the community Residents have long valued neighborhood and community parks as special natural places where they can relax, walk, meditate, play, enjoy family time and seek spiritual renewal. As our quality of life has changed and grown, the Boynton Beach Recreation and Parks Department has formed partnerships with many other organizations including the Palm Beach County School District, The Palm Beach County Board of County Commissioners and community-based organizations and businesses to provide services to increase community stability. The Department will provide a full spectrum of recreation and park services for residents that are affordable and accessible and will continue to provide and expand all-inclusive programs and services, particularly to the City's youth and senior populations. The Department will continue to encourage volunteerism through recognition and training. Recreation and Parks System Master Plan Page 67 of 48 Values External • A healthy, active and engaged community • Open space that is clean, green and safe • Excellent relationships with the people we serve • The safety, well-being and education of children • The safety, well-being and socialization of older adults • Partnerships with public and private agencies and volunteers that enhance programming and play Internal • A commitment to collaborate, communicate and cooperate • A commitment to integrity, honesty, openness and courage • Respect for diverse cultures • Focus on initiative, pride, spirit, teamwork and excitement The Mission, Vision, and Values of the Department were developed through a process that included stakeholder (both internal and external) input. The mission statement was further refined by staff in 2012. This process helped illuminate and refine the Department's direction — why we exist and where we'd like to be in the future, as well as affirm the values to which we adhere in conducting our business. Recreation and Parks System Master Plan7 Page 68 of 408 PARK CLASSIFICATIONS Urban Open/Civic Space Urban parks will provide civic open space in the downtown area for the enjoyment of all the residents of the City as well as visitors to Boynton Beach. They serve as elegant public spaces that are designed to complement the urban patterns of downtown Boynton Beach. These parks will serve as urban oases amongst the bustle of downtown activity. Urban parks should be located according to traditional town planning principles and good urban design. The parks will be of two types: downtown plazas and waterfront parks. Additional urban pocket parks will be added to complement the historic urban framework. All of the urban parks should be tied together with a network of streetscaped pedestrian walkways and urban trails. The waterfront park system will build upon and enhance the waterfront park network in the downtown. The waterfront park system will create a connected system of urban park amenities along the waterfront and provide direct access to the activities of the downtown. The park facilities and programs of the park spaces should complement the objectives of the Community Redevelopment Agency. The urban park experience should embrace the spirit of Boynton Beach as a quality -of -life destination with a quaint, traditional hometown feel. Recreation and Parks System Master Plan Page 69 of 48 Community Parks Community parks are typically the largest active parks in the City and serve the largest population base. They are the most comprehensive in terms of recreation activities provided. These parks are the most expensive to build and maintain. The optimum service area for a community park in Boynton Beach should be one mile. Community parks should be serviced by arterial and collector streets and be easily accessible throughout the service area by way of interconnecting trails. While community parks should be strategically located through the community, their locations can be significantly impacted by other types of parks, most notably regional or county parks, which can contain some of the same recreational opportunities provided in community parks. The optimal size of a community park should be based on the land area needed to accommodate the desired uses Neighborhood Parks Neighborhood parks will be the basic unit of the Boynton Beach park system and serve as the recreational and social focus of each neighborhood. They should be developed for both active and passive activities geared specifically for those living within the neighborhood service area. These parks should accommodate a wide variety of age and user groups, including children, adults, seniors, family groups, and special populations. Creating a sense of place in each park by bringing together the unique character of each site with the social character of the neighborhood will be vital to creating a successful design. Neighborhood parks should be centrally located within each service area, which should encompass a %-mile distance, and if possible, uninterrupted by non-residential streets or other physical barriers. Each site should be accessible from throughout its service area by way of interconnecting trails, sidewalks or low-volume streets. Ease of access and walking distance are critical factors in locating a neighborhood park. A person's willingness to use a neighborhood park is greatly reduced if they perceive it to be difficult to access or not within a reasonable walking distance. Ease of access, central location and linkage to greenways are the key concerns when selecting a site. The site itself should exhibit the physical characteristics appropriate for both active and passive recreational uses. Since one of the primary reasons people go to a park is to experience a pleasant outdoor environment, the site should have some innate aesthetic qualities. "Left -over" parcels of land that are undesirable for development are generally undesirable for neighborhood parks as well and should be avoided. Additionally, it is more cost effective to select a site with inherent aesthetic qualities, rather than trying to create them through extensive site development. Given the importance of location, neighborhood parks should be selected before a subdivision is platted and acquired as part of the development process. It is recommended that five (5) acres be the generally accepted minimum size necessary to provide space for a menu of activities. The site should have adequate drainage and suitable soils and level topography. Ideally, it should be connected to other park system components such as natural areas, lakes, ponds and greenways. Recreation and Parks System Master Plan Page 70 of 48 Land within a flood plain should only be considered if the facilities are constructed above the appropriate flood elevation. Although a park size of five (5) acres is recommended, the actual size should be based on the land area needed to accommodate the desired uses. Since each neighborhood is unique, input from neighborhood residents should be used to determine the development program for the park. The guidelines presented here should be used as a framework to guide program development and ensure consistency with other park system components. They should not be used as an impediment to creative design possibilities. Development of a neighborhood park should seek to achieve a balance between active and passive uses. Active recreational facilities are intended to be used in an informal and unstructured manner. Neighborhood parks are not intended to be used for programmed activities that result in overuse, noise, parking problems and congestion. Special Use Parks Special use parks are those parks with unique, specialized amenities that cater to a select group of users. In Boynton Beach, special use parks include the cemeteries, the Little League Park and Kids Kingdom. Efforts should be made to include future special uses in neighborhood and community parks rather than segregate them into separate areas. Water and Beach Access Parks These parks offer opportunities for access to and interaction with the Intracoastal Waterway and the Atlantic Ocean. Amenities can include kayaking and canoe launches, fishing areas, observation boardwalks, day docks, boat launching ramps, sand volleyball courts, picnic areas, restrooms and parking. Generally, each park has its own unique features that are defined by the relationship with the water. Conservation Lands The function of an Open Space Park or Greenbelt is to provide space where people can engage in passive and active recreation, provide preservation and conservation of environmentally sensitive areas and habitat for wildlife, and serve as corridors to effectively link park system components together to form a continuous park environment. These parks should be located in areas of significant natural resources, aesthetic landscapes and open space. There are no specific standards for how much conservation land a community should have. Instead, it is dependent on the number and quality of natural and historical resources in the area, the public desire to preserve these valuable sites and the willingness of the citizens to provide funds for their preservation. Recreation Facilities The City has eight (8) recreation centers and a community pool, each offering various and diverse programs and classes for people of all ages. Facility hours vary based on needs and programming. Certain facilities can be rented for private functions. Recreation and Parks System Master Plan Page 71 of 48 Existing Park System Urban Open/Civic Space Acres Neighborhood Parks Acres Arbor, Edward F. Harmening Park .46 Betty Thomas Park 2.34 Dewey Park .29 Boynton Lakes Park 7.94 Heritage Park .22 Forest Hills Park 4.75 Kiwanis/Sierra Park .19 Galaxy Park 3.95 Veterans Memorial Park .59 Hibiscus Park 0.83 TOTAL 1.75 Knollwood Park 3.01 Laurel Hill Park 1.31 Community Parks Acres Meadows Park 7.20 Barrier Free Park (includes Tennis Center) 24.05 Pence Park 2.84 Ezell Hester, Jr. Park 15.82 Pioneer Canal Park 2.32 Wilson Park 3.85 TOTAL 36.49 TOTAL 43.72 Water/Beach Access Acres Special Use Parks Acres Harvey E. Oyer, Jr. Park 8.79 Barton Mem. Park/Cemetery 6.26 Intracoastal Park 8.97 Boynton Beach Memorial Park/ Cemetery 11.78 Jaycee Park 5.31 Kids Kingdom .44 Mangrove Park 10.72 Little League 12.31 Oceanfront Park 6.89 Sara Sims Park/Cemetery 6.86 TOTAL 40.68 TOTAL 37.65 Conservation Lands Acres Greenways/Bikeways Acres Galaxy Scrub 5.48 Palmetto Greens Linear 1.00 Rolling Green Scrub 8.0 TOTAL 1.00 Rosemary Scrub* 13.44 Seacrest Scrub* 53.41 TOTAL 80.33 * Owned by Palm Beach County (not included in total acreage) This is a citywide total acreage of 174.77 acres of developed park, cemetery and open space land. Recreation and Parks System Master Plan Page 72 of Ab8 Future Park Sites Site Acres Cortina 3.00 FP&L 7.14 Girl Scout 6.39 Meadows 1 3.99 Nautica Sound 4.99 Nickels Road 14.74 Quantum 17.47 Woolbright Place 3.62 TOTAL 61.35 Recreation Facilities Facility Year Built Square Footage Art Center 1992 6,642 Carolyn Sims Center 2007 13,816 Civic Center 1962 9,771 Ezell Hester Jr. Community Center 1992 21,921 Intracoastal Park Clubhouse 2007 7,303 John Denson Pool 2007 2,909 Oyer Park Clubhouse 1950 2.084 Senior Center 1999 9,891 Tennis Center 1982 1,596 Recreation and Parks System Master Plan Page 73 of Ab8 Parks and Facilities Urban Open/Civic Space Edward F. Harmening Arbor Park is a small passive park located adjacent to the East Water Treatment Plant. It has several species of flowering trees. Its location and lack of parking create an isolated park area with very little visitation. However, considering its location at one of the City's most prominent intersections, a public art project that is scheduled to be completed by Fall 2016 will add a welcoming entrance to the City's downtown corridor. As it is adjacent to the Utilities Department, the art project will be titled "Water, You and I", and will include two sculptural elements, a glass tiled wall and a gathering place called the "Water Pavilion," designed to invite visitors to experience the drawing of water from the well. "Water, You and I" will make a dynamic visual connection with the source of water in Boynton Beach - the Surficial Aquifer. Dewey Park is located in the downtown core of the City. At present, it is a passive park with large ficus trees. In the future, the park will become precious green space in the urban downtown center with the imminent development of a large mixed use project that will be completed by Fall 2018. Decorative tree strap lights and three cement checker/chess tables were recently added. Heritage Park, located on Seacrest Boulevard, is a small city -maintained area. There is a monument dedicated to Boynton Beach African-Americans. Additional landscaping was installed in 2011. Kiwanis/Sierra Club Park is located on Northeast 22nd Avenue and is simply a grassy area. Veterans Memorial Park is a passive park on Federal Highway. It will be greatly impacted by the downtown redevelopment and will become a critical part of the urban open space of the town center. Renovations of the park were completed in 2008. The park contains numerous memorials to various Veterans' organizations. Recreation and Parks System Master Plan Page 74 of Ab8 Community Parks Congress Avenue Barrier Free Park was completed in 2011 and encompasses 13.5 acres of the 24 acre site. Considering that nearly 200,000 residents of Palm Beach County are disabled, the park was designed to accommodate people of all ages and abilities on an equal level. With a Florida swamp theme, the park features play areas, meandering trails, restored wetlands and a picnic area. In 2015, a Fitness Zone was installed that includes 17 pieces of exercise equipment, five of which are wheelchair accessible. The park is adjacent to the Tennis Center, which has 21 courts (17 har tru, 4 hard) which are all lighted for nighttime play. Ezell Hester, Jr. Park is one of the largest parks in the system and the athletic facilities are heavily used. The sand volleyball courts were replaced with a large play structure in 2005-06. The park also includes basketball courts, racquetball courts, tennis courts, a baseball field, walking trail and picnic pavilions. An energy retrofit project completed in 2011 included replacement of all external athletic lights and internal building lights with energy efficient systems. Wilson Park was reconstructed in February 2008. The park includes the Carolyn Sims Center, a two-story recreation center that houses a game room, classrooms, multipurpose event room, catering kitchen and offices. Site amenities include two basketball courts, two play areas, picnic shelters and multipurpose field. The John H. Denson Pool, a newly constructed pool, includes a triple water slide, water features, lanes for swimming, and dressing rooms. Neighborhood Parks Betty Thomas Park was completed in 2007 and includes a picnic pavilion, two tennis courts, picnic areas, walking trail, landscaping and a small parking lot. The park is named after Betty Thomas, a long-term Recreation and Parks Advisory Board Member, member of the Senior Center Advisory Board and school principal in Boynton Beach. Boynton Lakes Park is located in the Boynton Lakes neighborhood and contains a playground, a walking trail and a large open grassy area. The play equipment and park furniture were replaced in 2005. As part of Arbor Day, five trees (silver and green buttonwoods and royal poinciana) were planted in 2015. Forest Hills Park is located in the Forest Hills neighborhood and is bordered on the west side by a sound barrier wall on 1-95. This park was built in 1972 and was showing signs of aging. The park furniture and play equipment was replaced in 2006, as was the fence in the front. In 2013 a local Girl Scout, as part of her requirement to earn a prestigious merit badge, organized and gathered the necessary resources to remove graffiti, re -mulch the playground and other areas within the park, perform general landscaping improvements, and convinced the Florida Department of Transportation to paint the adjacent sound wall. Recreation and Parks System Master Plan Page 75 of Ab8 Galaxy Park is located at Galaxy E3 Elementary School. The City entered into an agreement with the Palm Beach County School Board to swap the park land for some of the school land for the construction of the elementary school at the site, which was completed in August 2012. In return for the swap, the School District rebuilt the park, which includes a softball field, tennis courts and restrooms. As part of the agreement with the School Board, during construction of the school, underground electrical infrastructure was included to support possible installation of lights for the field and courts in the future. Hibiscus Park is a small park located in the Lake Boynton Estates neighborhood. The playground equipment was replaced in 2008. Knollwood Park is located at Lawrence Road and Meadows Drive. Knollwood was built by D. R. Horton Developers as a public/private partnership. In exchange for fill removed from the park site and used for development, the developer paid for the construction of the park. Park amenities include a pond with well planted littoral zones, a walking path, a gazebo and a small parking area. The littoral zones were replanted in 2015. Laurel Hills Park, located in the Laurel Hills neighborhood, contains play equipment, a basketball court and an open grassy area. The park was built in 1972 and is in need of renovation. Replacement of the play equipment and park furnishings was completed in 2006. A double rail fence was installed in 2007. New park entry signage was installed in 2008. Meadows Park is an extremely popular park used by city residents and school groups. It features two pavilions, a fitness trail and volleyball, basketball, tennis and bocce courts. Built in 1994, the heavy use has created bare areas around the pavilions and courts. The playground equipment and park furniture were replaced in 2006. Because of the heavy use and enjoyment by park users, this park will require consistent maintenance and upgrades. Pence Park is the oldest park in the system. The basketball courts are heavily used. The fence around the baseball field was replaced in 2005. The playground equipment was installed in March 2008. In 2009, the softball field was converted to a multipurpose field to accommodate the growing population of soccer players in the neighborhood. A utilities lift station was installed in 2015 in the southeast corner of the park, surrounded by landscaping that includes live oak, sabal palms, dahoon holly, beauty berry and fakahatchee grass. Pioneer Canal Park has the only freshwater boat ramp in the park system and tennis courts. The park was not master planned and use of the property is not effective. The installation of a double rail fence, renovation of the restrooms and resurfacing of the basketball and tennis was completed in 2007 and 2008. Replacement of the play equipment was completed in 2008. Recreation and Parks System Master Plan Page 76 of Ab8 Special Use Parks Barton Memorial Park is a cemetery that contains gravesites dating back to the early 1900's. It is currently closed for burials. In 2015 it was added to the city's register of historic places. Boynton Beach Memorial Park is the primary public cemetery in Boynton Beach. There are very few available gravesites remaining and the property will need to replatted again to create more sites. The trees were heavily damaged by the 2004 hurricanes and were replaced in 2005-06. There are currently five (5) mausoleums on site with room for a smaller additional one. Kids Kingdom Playground is a community built wooden and concrete play structure that has been an extremely popular destination for residents, schools, camps and visitors since it was built in 1996. The structure must be inspected regularly. Little League Park contains four (4) baseball fields that are used by the East Boynton Beach Little League organization. The maintenance of the ball fields and areas adjacent to the fields have been turned over to this organization through a lease agreement. Sara Sims Park and Cemetery is an older park that requires a lot of maintenance due to heavy use. This park is in the CRA district. A Master Plan has been completed for the park with input from the public. Currently, there is no funding to begin redevelopment. A new playground was added in 2015. Water Beach Access Harvey E. Oyer, Jr. Park is located between Federal Highway and the Intracoastal Waterway and provides boat access to the Boynton Inlet and Atlantic Ocean. This park is heavily used by both boaters and park users. The fishing pier was replaced in 2004. The restrooms inside the community center were renovated in 2004. The canal and channel were dredged in February 2008, funded in part by the Florida Inland Navigation District. Playground equipment was replaced in 2008-09. With funding from Palm Beach County, the public restrooms and picnic pavilions were replaced in 2011. Two murals painted by local artist Peter Agardy were commissioned in 2010. Additionally, the Bait Shop was leased to the Florida Fishing Academy. A mural was painted on the exterior of the building by Guy Snell, a 15 -year old artist. This mural was funded in part by the Guy Harvey Ocean Foundation. Intracoastal Park is located between Federal Highway and the Intracoastal Waterway. It is an extremely popular site that contains picnic shelters and a large play structure which is scheduled to be replaced in 2016, including the installation of shade covers. A two-story, 7,200 square foot clubhouse was completed in October 2007 and is available to rent for meetings, weddings and other events. There is a mangrove preserve/conservation area located on the southeast section of the park. A Recreational Trails Program Project Grant was received in 2015 to purchase and install an accessible, non -motorized vessel launching dock, with completion expected in Spring 2016. Recreation and Parks System Master Plan Page 77 of 48 Jaycee Park is located between Federal Highway and the Intracoastal Waterway. The park construction was completed in February 2008 and includes a walking path, three pavilions, a restroom, two (2) bocce ball courts, two (2) play areas, picnic areas, landscaping and a small parking lot. A 240 foot boardwalk allows pedestrian access to the Intracoastal Waterway and can be used for viewing or fishing. With a grant from the Florida Inland Navigation District, a series of eight (8) interpretive art markers were installed. There is a non -motorized boat launch located on the northeast section of the park. Mangrove Park contains a % mile aluminum walkway through 10 acres of mangroves on the Intracoastal Waterway and includes educational kiosks and an observation deck. Degrading of the walkway support structure is occurring, which will require future extensive maintenance/repair. Oceanfront Park is the City's only beach access. It is heavily used, primarily by residents of Boynton Beach and Ocean Ridge. The boardwalk was replaced in 2010 and boasts custom furnishings, shade sails and landscaping. The buildings in the park were renovated in 2011 by replacing the exterior siding with stucco, replacing the fascia, recessing the lighting and repainting the roofs. The men's room was renovated into a pavilion and the women's room was renovated to make both a men's and women's restroom. In 2015, a new beach wheelchair was purchased to increase accessibility to the water. The shade sails have been extremely problematic, and we continue to experience issues with rusting of metal elements and tearing of fabric. Greenways/Bikeways Palmetto Greenway and Park is located on the south side of the SFWMD C-16 canal. The pathway turns into several overlooks that could serve as fishing piers; however, a great amount of trash and refuse has been tossed off the platforms making fishing difficult. The path is bordered on the east by the FEC Railroad and almost to 1-95 on the west, and it connects with the Barton Greenway. Barton Greenway runs from Barton Cemetery on the north to the Galaxy Scrub on the south with an eventual connection planned to Galaxy Park and Elementary School. Conservation Lands Galaxy Scrub is 5.48 acres of preservation property, conveyed to the City of Boynton Beach from the Palm Beach County School District in 2012. The City partners with Galaxy E3 Elementary School teachers and students to re -plant and maintain the native scrub site. Open to school students for educational purposes. Rolling Green Scrub is actually five different scrub sites located in and around Ezell Hester Park. Rosemary Scrub is owned by Palm Beach County and is maintained in conjunction with the Boynton Beach Recreation and Parks Department. The scrub is open to the public. Seacrest Scrub is also owned by Palm Beach County, maintained in conjunction with the Boynton Beach Recreation and Parks Department and open to the public. Recreation and Parks System Master Plan 7 Page 78 of 08 Recreation Facilities Art Center was built in 1992 and includes three (3) classrooms, a pottery/kiln room and offices. Programming includes art classes for children and adults, pre-school programs, summer camp, and a licensed afterschool program. Carolyn Sims Center, a two-story recreation facility, was completed in February 2008. It includes a multipurpose room, catering kitchen, game room, classroom, meeting room and offices. Programming includes teen recreation, social groups, summer camp, and the Youth Empowerment Center. Civic Center opened in 1962. It includes a large auditorium with stage, classroom, dance studio, kitchen, lobby and offices. Programming opportunities include youth and adult dance, summer camp, pre-school programs, Jazzercise and music concerts and dances. Recent improvements include refinishing of the stage floor, a new sound system, new stage drapes, painting and a chair rail. Ezell Hester, Jr. Center was constructed in 1992, with subsequent renovations. The center includes men's and women's locker rooms, lobby, meeting room, computer lab, game room, weight room, gymnasium, kitchen, and offices. Programs include athletic leagues and tournaments, summer camp, fitness programs, sports classes and a licensed after school program. Intracoastal Park Clubhouse was completed in 2007. The two-story waterfront building includes a wrap- around deck on the second story that overlooks the Intracoastal Waterway, two classrooms, catering kitchens and an event room designed to host commemorative events and trainings. It is also used for art classes, summer camps and currently houses the department's main registration office. The renovation of the John H. Denson Pool was completed in February 2008 and includes a triple water slide, "tumble buckets" water play feature, teaching area, deck chairs, large umbrellas and men's and women's dressing rooms. Programs include junior lifeguard training, water fitness, adult swim classes and youth swimming lessons. Oyer Park Clubhouse is primarily used by the local Coast Guard Auxiliary, Fishing Club and other community groups. Senior Center was purchased in 1998 (previously a popular local restaurant) and has undergone a series of three renovations. It includes a cafeteria/activity room, lobby/coffee area, computer lab, multipurpose room, stage, fitness room, classroom, conference room, arts room, game room, kitchen and offices. Programming includes computer classes, card games, dances, live music, association and group meetings, health screenings, music lessons, lunch program, group outings, safety courses and various special events. Local groups that provide a variety of services include AARP, R.S.V.P., Delray Medical Center, Volen Center transportation service, and Mental Health Association of PBC. Tennis Center was built in three phases and was completed in 1992. There is a pro shop, men's and women's restrooms, 17 har-tru courts and 4 composite courts. Programs include junior and adult instruction, men's and ladies' singles and doubles leagues, tournaments and special events. New lights were installed at four courts in 2015. Recreation and Parks System Master Plan Page 79 of A8 Levels of Service (LOS) The City shall maintain a level of service of 2.5 acres of developed parkland per 1,000 residents. RECOMMENDED LOS AND NEEDS 73,124 — 2014 POPULATION FACILITY CURRENT LOS EXISTING FACILITIES NEED PER POPULATION CURRENT NEED Baseball/Softball, Youth 1/15,000 6 4 2 Baseball, Regulation 1/20,000 1 2 1 Basketball 1/4,000 15 16 1 Community Center 1/25,000 7 3 0 Fitness Trail 1/30,000 2 2 0 Football 1/40,000 1 2 1 Multipurpose Field/Soccer 1/10,000 3 7 4 Racquetball Court 1/10,000 8 7 0 Picnic Area 1/3,000 20 26 6 Playground 1/4,000 20 22 2 Shuffleboard 1/5,000 16 13 0 Pool 1/80,000 1 1 0 Tennis Court 1/2,000 29 33 4 Bocce Court 1/25,000 3 3 0 Volleyball Court 1 1/15,000 3 1 4 1 1 Skate Park 1 1/65,000 0 1 1 1 1 Future Parks and Facilities Cortina Park, located east of Congress Avenue and the Renaissance Commons development, was acquired as part of the park impact fee dedication for the Boynton Town Center project. The developer will be responsible for constructing the park, lighting and parking; it will include one acre that will be dedicated as an off -leash, fenced dog area. Completion is anticipated in 2018. FP & L Park is located on old Southwest 23rd Avenue directly south of the FPL Substation and is bordered on the west by the E-4 canal and on the east by the CSX Railroad. This park could be developed so that access to the canal is provided. This site has not been master planned. Girl Scout Park is located on the east side of the E-4 canal and is heavily treed with mature canopy. This site also could be developed for access to the canal. A master plan has not been done for this site. Meadows 1/Nautica Sound Park Site could be developed as a community park since there is no community park in this quadrant of the city; however, it is expected that surrounding neighborhoods would prefer a more passive use. Nickels Property is located on the west side of the Boynton Beach Mall. This site is not within the city boundaries at this time. Recreation and Parks System Master Plan Page 80 of Ab8 Quantum Park Site is located in the Quantum Corporate Park east of the E-4 canal. A master plan was done for this site that included athletic facilities; however, surrounding residential communities prefer a passive, nature -oriented park. The property is adjacent to a large conservation area, which could be incorporated into the nature -oriented aspects of the park with the addition of interpretive trails. Additionally, this park could be used for access to the canal for canoes and kayaks as part of the greenway/blueway. Recently, the Quantum Park Overlay District, an independent district created by City Ordinance, created and presented a master plan of the site to the City for consideration. Woolbright Place is located in a residential area and would be extremely difficult to develop due to its location and lack of access roads. This site could be considered for sale. The facility needs indicated in the LOS should be addressed as these park sites are developed. In regards to park acreage, at this time the City is meeting its LOS, and no future park development is currently being considered. However, whenever possible, the Recreation & Parks Department will pursue opportunities for grants and other potential partnerships for park improvements. Recreation and Parks System Master Plan Page 81 of ib8 Personnel Personnel resources have remained constant over the past five years, with only slight variation in part-time and/or seasonal hours. The table reflects full-time, part-time and seasonal (summer) employees. Fiscal Year Personnel (FTEs -Full Time Equivalency) 2011-12 50.29 2012-13 49.69 2013-14 49.89 2014-15 49.89 2015-16 50.29 Organizational Changes In the fiscal year 2015-16 there will be several key organizational changes due to several factors: the imminent retirement of one of the Senior Recreation Managers after 30 years of service; a greater emphasis on community events as part of the City's Strategic Plan; and some changes which have evolved over time, such as increased responsibilities. Currently, under the supervision of the Recreation & Parks Director, two Senior Recreation Managers are responsible for managing the daily operations of the Department: one is responsible for the summer camp program, transportation, Denson Pool, Hester, Civic and Sims Centers. The other is responsible for the licensed after school program, marketing/promotions, and the Art, Senior and Tennis Centers. Each is involved in various capacities in the planning and implementation of special events. Also, noting a need for a much more focused and systematic approach to the recruitment and organization of sponsors, one of the Department's Recreation Supervisors was assigned this added responsibility. The Department is again responsible for the planning and organization of the Holiday Parade and July 4th fireworks (previously organized by the CRA), and now also organizes monthly special events. The Department has modified its organizational structure as follows: Sr. Recreation Manger reclassified to Events and Program Manager Sr. Recreation Manager reclassified to Recreation Superintendent Recreation Supervisor reclassified to Recreation Supervisor III Asst. to the Director reclassified to Recreation Administrator Recreation and Parks System Master Plan Page 82 of ib8 Senior Recreation Manager to Events and Program Manager Now that the Department's involvement with special events has increased significantly, this and the related responsibilities has been assigned to one individual. In 2001-02, the last year the Department was responsible for organizing the City's special events, three full-time employees were dedicated to this function; these positions were removed from the budget several years ago. The Department is again responsible for the planning and implementation of the Holiday Parade and July 4th fireworks. Additionally, the Department now organizes special events monthly, several of which attract over 1,000 visitors/ participants (e.g. Egg Hunt and Fall Festival). This is reflective of the vision for our community as identified in the City's Strategic Plan, which states that we want Boynton Beach to have plenty of "fun opportunities", including "events and festivals for residents and visitors to enjoy." Senior Recreation Manager to Recreation Superintendent The other Senior Manager position in the Department will be changed to Recreation Superintendent upon the retirement of the incumbent in April 2016. The Superintendent will be responsible for each of the Department's facilities and related staff and programming. These responsibilities will involve the formulation and administration of a very broad public leisure program at eight recreation facilities, the pool and beach, serving thousands of visitors and participants daily. The superintendent title is demonstrative of the additional responsibilities associated with the position, and returns the Department to a more traditional organizational structure commonly used for public park and recreation agencies. Recreation Supervisor to Recreation Supervisor 111 During budget years 2001-02 and 2002-03, a recreation manager was responsible for the management of the Art Center and the Department's marketing and promotional activities. These responsibilities are now being managed by a Senior Manager, and include the creation of promotional brochures and flyers, drafting public service announcements and press releases, and managing social media. These responsibilities are an essential component of the Department's operations. Another significant change in the Department that has evolved over the past several years is the reliance on sponsors to help offset program costs. Consequently, since November 2013, one of the Department's Recreation Supervisors has been assigned the "additional duties" related to the recruitment and organization of sponsors. The original intention was to review these additional duties with the Human Resources Department to determine if a reclassification of the recreation supervisor position was necessary. However, due to the aforementioned changes, along with sponsorship coordinator responsibilities, the Department added the duties related to marketing and promotions to that position, and reclassified it to a "Recreation Supervisor III" position, and offered it as a career path opportunity to the incumbent recreation supervisors. Recreation and Parks System Master Plan Page 83 of ib8 Assistant to the Director to Recreation Administrator The Department reclassified the position of Assistant to the Director to Recreation Administrator due to the permanent and substantive changes in the responsibilities of this position. The incumbent had been performing duties that clearly reflected a higher classification than that of the current job description, in some cases for more than 10 years, including: Managing the national accreditation process. The Department originally became accredited in 2006. The responsibilities and duties associated with becoming and maintaining national accreditation are very complex, and require a tremendous amount of organization, planning and intellect in all facets of the Department's operations and interrelationships with all the other City Departments. • Managing the Department's registration software that processes over 16,000 transactions and over $1.1M annually. Responsibilities include managing (establishing/maintaining) all of the information in the database, resolving issues, working with the software company and ITS, and supporting and training staff. The software program also includes applications that allow us to promote upcoming activities and receive feedback from our customers, responsibilities that the Assistant to the Director has assumed. Supervising the management and operation of Intracoastal Park Clubhouse, the City's premier recreation facility. One of the primary functions of this facility is the intake and processing of the Department's program registration. The facility is also commonly rented and/or used for private and public functions. Managing the comprehensive program evaluation process for the Department, including data collection, analysis, interpretation and reporting. This function represents several accreditation standards. These changes will allow the Department to become more effective in its service delivery by adjusting to changing needs and conditions. This will be accomplished by the adjustments that have and will be made to the organizational structure. Recreation and Parks System Master Plan Page 84 of ib8 Culture Approximately five years ago, in December 2010, the OLA Group, led by James Laub, Ed.D., completed an Organizational Leadership Assessment for the Recreation & Parks Department based on a survey of 70 employees in the department. This assessment measured six characteristics which are critical to optimal organizational health. The assessment also measured the perception of the workforce and leadership concerning the organization's health. The six characteristics are: Build Community— by building strong relationships, working collaboratively and valuing individual differences Value People — by listening receptively, serving the needs of others first and trusting in people Provide Leadership — by envisioning the future, taking initiative and clarifying goals Develop People — by providing opportunities for leaning, modeling appropriate behavior and building up others through encouragement Display Authenticity— by integrity and trust, openness and accountability and a willingness to learn from others Share Leadership — by creating a shared vision and sharing decision-making power, status and privilege at all levels of the organization The characteristics were graded on a scale as follows: Power 1 evel Toxic Poor Limited 1Ioderate Excellent optinaal Health I Health I Health I LLeaIth Health Health Value People Develop People �rwuuuuu e Display Authenticity Leadership Share Leadership Recreation and Parks Department's average score Ej,average score of all organizations who have taken the OLA Recreation and Parks System Master Plan Page 85 of ib8 Key Patterns The Department's highest key areas of organizational health were: Build Community Value People The Department's lowest key areas of organizational health were: Display Authenticity Share Leadership As indicated in the matrix, the Department is rated in the "Excellent Health" category in almost all categories. This reflects the dedication and level of professionalism displayed by the staff and assumes that the culture of the organization is healthy and ready for the future as a group. This assessment is still relevant due to the fact that there has been very little turnover of key/full-time staff in the past five years; it is believed that the same assessment done today would yield very similar results. Additionally in April 2014, the Department conducted a thorough survey of staff to address one of the top weaknesses, intra -departmental communication, as identified in the previous SWOT analysis. This uncovered more detailed information to assist in addressing this concern, and overall the responses provided were positive and constructive. The Department recognizes that its employees are its most significant and important resource, and is committed to employee relations and development. Recreation and Parks System Master Plan Page 86 of ib8 The departmental budget consists of 2 division budgets: Recreation General Fund Budget (FY 15-16) $2,974,429 Recreation Program Revenue Fund Budget (FY 15-16) $ 849,981 The General Fund budget primarily funds personnel costs, facility costs (utilities, minor maintenance and supplies) and other overhead costs. Revenue from rentals, concessions, parking fees, tennis permits, sales and daily play and pool use are returned to the General Fund. The Recreation Program Revenue Fund was established to provide recreation programs based on 100% user fees. A surcharge is made for non-residents. The fund transfers $100,000 to the General Fund to assist in funding other recreation programs not covered by user fees, and has been used to fund various capital improvement projects and/or unexpected expenses over the years. In addition, it funds all promotional activities, including the printing of Funfare magazine, flyers and advertising; the Youth Empowerment Center; and various licensing and administrative fees. Beginning in FY 2012-13, 50% of the part-time recreation leaders and pool lifeguard salaries (approximately $120,000) are funded in the Recreation Program Revenue Fund. This was done to alleviate further staff reductions and to maintain levels of service during the time that the Department was dealing with significant budget reductions. These positions are considered essential to the Department's service delivery. Prior to this time, only positions directly associated with recreation programs (i.e. recreation leaders in the afterschool program) were funded through the Revenue Fund. After reaching its lowest point of $46,000 in FY 2004-05 (the year after the Tennis Center operation was moved to this fund; it was returned to the General Fund in that year), the Revenue Fund balance peaked at $969,509 in 2011-12. This was due to the diligent efforts of staff that focused on reducing expenses and increasing program revenue. However, due to increased expenses, decreasing subsidies from the General Fund, and increased contributions to the City's Capital Improvement Program budget, it is anticipated that expenses will continue to exceed revenues by approximately $75,000 - $100,000 annually, as they did beginning FY 2012-13 unless some changes are made. The Revenue Fund balance at the end of fiscal year 2014 was $736,000. In FY 2014-15, $75,000 was allocated to partially fund the purchase and installation of new lights and poles at four of the courts at the Tennis Center. Therefore, with the current trend, if no changes are made, the Revenue Fund balance will deplete in approximately eight years. Recreation and Parks System Master Plan Page 87 of 48 T,rojected Revenue Fund tFr $900,000.00 - 829,174-.00 X800,000.00 X736,163.00 $700,000.00 - $600,000.00 621,255.00 546,255.00 $500,000.00 - $471,255.00 $400,000.00 396 55_ 321,255.00 X300,000.00 - 24-6,255.00 $200,000.00 171,255.00 $100,000.00 J6,L 3. t30 $0.00 1 _ �i x21, 55.00 111-1-1-1-1-1111 12-13 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 Fiscal Year According to the Department's Revenue Policy Manual, a minimum of 10% of the annual budget will be retained in the fund as emergency reserves, in accordance with current City of Boynton Beach practice. This means that the minimum fund balance should not fall below $75,000. It has become apparent that the Department will not be able to rely on the City's Capital Improvement budget for anything other than essential repairs/improvements to facilities, and that the Department must also rely on the Revenue Fund to purchase a majority of standard operating equipment in addition to all expenses associated with programs — both revenue-producing and free. Therefore, strategies to increase revenue and decrease expenses must be developed. These include increased sponsorships and/or advertising as well as a plan to decrease or revert the 50% funding of part- time recreation leader and pool lifeguard salaries back to the General Fund. It is recommended that this be done incrementally so that, if at all possible, it does not increase the Department's General Fund budget. Alternately, the Department may consider reducing the annual $100,000 contribution to the General Fund. The City of Boynton Beach has a five year Capital Improvement Program Budget. It encompasses a wide variety of projects, several of which are related to the City's ADA Transition Plan. It also provides a five year spending plan that can be modified and updated based on shifting priorities, some of which may not be anticipated. Recreation and Parks System Master Plan Page 88 of 2408 CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT PLAN ADOPTED BUDGET FY 2015/16 ADOPTED CIP BUDGET PROJECT NAME FY 2015/16 Adopted FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 Plan Plan Plan Plan Total Civic Center- Renovate Auditorium Stage 40,000 40,000 Civic Center -Auditorium Ceiling Renovation 40,000 40,000 Civic Center- Renovate Auditorium Stage ADA 4,0001 4,000 Civic Center- Roof Replacement 150,000 150,000 Civic Center- Dumpster enclosure 12,000 12,000 Civic Center- Paint Exterior 25,000 25,000 Civic Center - Restrooms ADA 60,000 60,000 Art Center- Ceiling Tile Replacement 10,000 10,000 10,000 30,000 Art Center - Awning 7,0001 7,000 Art Center - Pedestrian Crossing Gates 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 5,000 3,000 8,000 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 3,000 3,000 Betty Thomas Neighborhood Park - Basketball Markings 2,000 2,000 Betty Thomas Neighborhood Park - Basketball Markings ADA 3,7001 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 21558 Boynton Lakes Park- Fitness Trail Equipment 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 7,000 71000 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-Sealcoat Parking Lot 11,000 11,000 Carolyn Sims Center -Denson Pool Slide Replacement 80,000 80,000 Carolyn Sims Center -Paint Pavilion and table 10,000 10,000 Carolyn Sims Center -Paint site lighting poles and fixtures 30,000 30,000 Congress Ave Barrier Free - Playground 200,000 200,000 Congress Ave Barrier Free Park -Paint Poles 12,000 12,000 Congress Ave Barrier Free Park -ADA 22,000 22,000 Congress Ave Barrier Free Park -Restroom Refurbishment 29,000 29,000 Congress Ave Barrier Free Park -Refurbish Bio-swa le 20,000 20,000 40,000 Edward HarmeningArborPark - ADA* 3,756 3,756 Forest Hill Park - Fence replacement and repair 40,000 40,000 Galaxy Park - ADA* 3,548 3,548 HesterCenter- Basketball Court Resurfacing 12,000 12,000 Hester Center- Park Furnishing 15,000 15,000 Hester Center Ball fields - Press Box Doors and Windows 20,000 20,000 Hester Center Ball fields - Press Box painting 12,0001 12,000 HesterCenter- Pavilion Pathway Repair 8,000 8,000 Hester Center Ball fields -Concession Building soffit 20,000 20,000 Hester Center Building - Lobby Renovation Architect Services 30,0001 30,000 Hester Center Building - Lobby Renovation Construction 1150,000 150,000 Recreation and Parks System Master Plan Page 89 of A8 PROJECT NAME FY 2015/16 Adopted FY 2016/17 Plan FY 2017/18 FY 2018/19 FY 2019/20 Plan Plan Plan Total Hester Center Building - Lightening Protection 23,000 23,000 Hester Center Ball fields - Footballfence 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- Playground Equipment 100,000 100,000 HesterCenter- Playground Equipment forADA 360,000 360,000 HesterCenter- Playground Restroom Painting 6,0001 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 Hester Center- Accessible route from Center to Park 8,000 8,000 HesterCenter- Playground Restroom Refurbishment 16,000 16,000 Hester Center -Tennis Court Resurfacing 10,000 10,000 HesterCenter-Tennis Court Resurfacing ADA 3,000 3,000 Hester Center -Parking 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 S00 Heritage Park -ADA* 858 858 Hibiscus Park -ADA* 24,164 24,164 Hibiscus Park- Basketball Court Restoration and Fence 18,000 18,000 Hibiscus Park - Basketball Court Restoration and Fence ADA 9,000 9,000 Hibiscus Park -Tables and Cans 6,000 6,000 Intracoastal Park - Carpet Replacement 30,000 30,000 Intracoastal Park- Intracoastal Parking Lot Resealing 45,0DO1 45,000 Intracoastal Park -Clubhouse Community Room Refurbishment 32,000 32,000 Intracoastal Park- Clubhouse Community Room Refurbishment ADA 2,500 2,500 Intracoastal Park- Kayak Launch 57,000 57,000 Intracoastal Park -Paint site light poles 35,000 35,000 Intracoastal Park- Paint Pavilion(s) and Restroom(s) roofs 35,000 35,000 Intracoastal Park -Refurbish restrooms 50,000 50,000 Intracoastal Park- Refurbish restrooms ADA 25,000 25,000 Intracoastal Park- Playground poured in place surface 30,000 30,000 Intracoastal Park -Playground replacement 70,000 70,000 Intracoastal Park -Shade Structure 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 70,000 70,000 Kiwa nis Sierra Park - ADA` 2,039 2,039 Knollwood Park -Parking Lot 3,000 3,000 Laurel Hills Park - Basketball Court Restoration 8,000 8,000 Laurel Hills Park - Park Furnishings 6,000 6,000 Laurel Hills Park -Parking 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* 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 Recreation and Parks System Master Plan Page 90 of Z8 PROJECT NAME FY 2015/16 Adopted FY 2016/17 Plan FY 2017/18 Plan FY 2018/19 FY 2019/20 Plan Plan Total Mangrove Park -Interpretive markers 10,000 10,000 Mangrove Park -Refurbish Restrooms 6,000 6,000 Mangrove Park- Refurbish Restrooms ADA 7,0001 7,000 Mangrove Park-Sealcoat Parking 12,000 12,000 Mangrove Park -trash can replacement 5,000 5,000 Mangrove Wa I k 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 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 6,0001 6,000 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 -Restroom Painting 7,000 7,000 Miscellaneous Small Parks Projects 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 8,000 8,000 Oceanfront Park-Sealcoat parking lot 60,000 60,000 Oceanfront Park-Sealcoat parking lot ADA 7,000 7,000 Oceanfront Park- Repair picnic shelter 30,000 30,000 Oceanfront Park- Repair picnic shelter ADA 6,000 6,000 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 -Boardwalk Lighting 30,000 30,000 Oceanfront Park -South and Center Shade Sail poles 38,000 38,000 Oceanfront Park -Shade sail 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 replacement ADA 7,000 7,000 Oyer Park- Dredge Channel 100,000 100,000 Oyer Park -Restroom Refurbishment 8,000 8,000 OyerPark- Restroom Refurbishment ADA 7,000 7,000 Oyer Park -Fishing Pier Railing 140,000 140,000 Oyer Park - New Du mpster Enclosure 15,000 15,000 Oyer Park -Fishing Pier pathway 20,000 20,000 Oyer Park - Paint Restroom Exterior 5,000 5,000 Palmetto Greens Park- Restroom Bldg. Exterior Painting 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- Restroom Refurbishment 8,000 8,000 Palmetto Greens Linear Park- Restroom Refurbishment ADA 10,000 10,000 Recreation and Parks System Master Plan Page 91 of 408 PROJECT NAME FY 2015/16 Adopted FY 2016/17 Plan FY 2017/18 Plan FY 2018/19 FY 2019/20 Plan Plan Total Palmetto Greens Linear Park- Parking Lot Sealcoat 6,000 6,000 Palmetto Greens Linear Park- Parking Lot SealcoatADA 7,000 7,000 Parks-Furnishings (Cans, benches, picnic tables, etc.) 5,000 5,000 51000 51000 51000 25,000 Pence Park - Park Furnishings 6,000 6,000 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- Restroom Bldg. Exterior Painting 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- Parking Lot 10,000 10,000 Pioneer Canal Park- Refurbish Volleyball court ADA 14,0001 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 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 38,0001 38,000 Senior Center - Patio & Awning Repairs 8,000 8,000 Senior Center - Trash Cans 3,000 3,000 Tennis Ctr. - Court Resurfacing 10,000 10,000 10,000 10,000 10,000 50,000 Tennis Center-Parking Lot Sealcoat 30,000 30,000 Tennis Center-Parking Lot SealcoatADA 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-Accessible Routes ADA 21,000 21,000 Veterans Park - ADA* 1,072 1,072 TOTAL RECREATION AND PARKS PROJECTS $ 1,070,200 $ 2,790,269 $ 1,144,050 Es 571,825 $ 1,339,562 $ 6,915,906 Recreation and Parks System Master Plan Page 92 of lb8 Future recreation trends are sometimes difficult to predict. The economic climate over the past decade has forced recreation and park practitioners to think about loss of staff, closure of facilities, decreased maintenance in parks and reduction in recreation programs. After decades of unprecedented growth in both programming and facilities, the industry culture has completely changed. While we used to be able to offer programs upon request, we now have to prioritize and consider a number of factors to determine program offerings. The use of future recreation trends to anticipate programming or facility needs must be carefully weighed in relation to several factors. Present day trends and forecasts about future change need to be tempered by an understanding of the priorities and policies of parks and recreation service providers. There are five key indicators that must be considered when making decisions of the future of recreation and parks in Boynton Beach. Understanding these indicators allows the City to consider the impacts these trends will have on the parks and open space system, from recreation programming to park facilities to natural resources and operating culture, within government and City departments. Demographics One of the prime indicators of future recreational demand and interest is the forecast for demographic change. The aging of the Baby Boom generation is one of the most significant trends affecting recreation. Because of improved health and fitness, as well as lifestyle changes from their parents' generation, people are participating in recreation activities to older ages. People are also retiring at younger ages with relatively high disposable incomes. As the number of retirees increases, there will be more marginally fit recreation users, and more demand for mid-day recreation programs as well as more demand for non- traditional senior programming. Ensuring accessibility may also become more of a factor with a larger senior population requesting programs and services. Over the past few years, like many other US cities, Boynton Beach was adversely affected by the economic downturn. As a result, the average annual growth of 1.8% during 2000-2006 was followed by a population decline both in 2007 and 2008. The growth rebounded; since 2008, the City grew nearly 6%, and now has 72,784 residents. According to Palm Beach County projections, derived from the county -wide projections of the University of Florida, Boynton Beach's population will increase to 76,144 by 2020. With the overall area of 16.2 square miles, the city's population density is 4,700 persons per square mile. According to the most recent American Community Survey, the City's population has a median age of 43, with about 21.4% of persons 65 years or older. A significant percentage (24.7%) of population is foreign -born. Per capita income of the City's residents is $27,896, with a median household income of $44,390. In terms of education, about 25.4% of population has a Bachelor's or higher. Within the last decade, the City has become more racially and ethnically diverse. The share of Whites is currently 53%, while Black/African Americans constitute 30% of the population. The City also has a growing Latino population, now 12% of all residents. (Source: City of Boynton Beach 2015016 Adopted Budget) Recreation and Parks System Master Plan Page 93 of lb8 Environment Interest in the environment has been steadily increasing. There is growing awareness and concern by the public for environmental quality, environmental issues, and the environmental movement. People seek an active role in environmental protection and conservation. There is greater local support for the protection of outdoor space. Trends indicate that the participation rate for outdoor recreation continues to grow. This is seen in the demand for more greenways and bikeways leading to destination spots such as parks, libraries and schools. Use of non -motorized boating vessels is on the rise. These trends have been manifested in Boynton Beach through the Greenway/Bikeway/Blueway Plan and the non -motorized kayak launch planned for Intracoastal Park. The City of Boynton Beach adopted a Climate Action Plan in July 2010. This plan provides an integrated approach to the full spectrum of government services including buildings and facilities, water and wastewater, vehicle fleet, solid waste, procurement, land use and development, and community engagement. It is the first installment of the City's efforts in what will be an ongoing feedback loop of planning and adaptation efforts to effectively address sustainability issues, increase energy efficiency in the public, private and residential sectors, and reduce our overall carbon footprint. Technology Technology and its increased use as a form of recreation, especially by the younger generations, has created competition to traditional recreational offerings. This is an opportunity for the recreation professional to offer a wider and more diverse set of programs, even incorporating technology as a means to motivate individuals to participate and become involved in recreational activities. Additionally, ways of reaching the public have greatly changed. The City has incorporated the use of social media, such as Twitter and FaceBook into its more traditional methods of communication such as Funfare Magazine, media releases and flyers. Technology will continue to evolve at a rapid pace and the Department will need to stay abreast of, and incorporate it into marketing and programming in order to communicate and meet the needs of its customers and citizens. Economics The City of Boynton Beach's economy is rebounding from the deep recession, with indicators housing prices, development activity and the City's tax base are on the upswing. Moreover, the rebound of the City's economy has likely contributed to a decline in crime, which is down 20% since 2008. Also, the unemployment rate dropped considerably, from 11.1% in 2010 to an estimated 4.9% as of September 2015. Housing prices remain off their peak in 2006, but are now growing rapidly; between October 2013 and October 2014, the median price of a home went from $145,000 to over $180,200, a 24.2% increase. In August of 2015, the median price reached $190,000. Recreation and Parks System Master Plan Page 94 of lb8 The City's taxable value has yet to return to its peak of $6.1 billion in 2008. The downward trend was reversed in FY 2014-15; the estimated value for FY 2015-2016 is $4.6 billion. The Palm Beach Property Appraiser is forecasting higher taxable value going forward; therefore the millage was unchanged from last year. The City of Boynton Beach will benefit from this positive trend of increased taxable values and a stable millage rate. The continuation of the economic recovery promises to sustain further growth, especially in residential construction. Several developments, approved but unbuilt during recession, have returned. The City also approved several new projects, which will continue to contribute the City's growing tax base. (Source: City of Boynton Beach 2015016 Adopted Budget) However, this positive trend will not necessarily equate to increased budgets from tax dollars, and even though the economy may be recovering from the recent recession, recreation and park agencies still have to consider lower cost forms of entertainment, free entry to parks and facilities and other means to continue to be financially accessible to the public. Government Fiscal pressures on recreational facilities and program development will come with rising energy costs, greater scarcity and high cost of land, rising operating costs and revenue limits, and anti -taxation sentiment. Recreation is becoming more of a consumer market, meaning that activities are subject to more competition between private, public and non-profit competition. A broad definition of what constitutes public access to city sponsored facilities and programs may challenge the financial feasibility of building new and maintaining existing facilities. Recreation Program Trends Recreation staff conducts regular trends analyses of various topics pertaining to parks and recreation, especially as it relates to programming. This aids staff in anticipating the changes in growth and interest of recreation programs. Consideration of trends and demographic projections provides staff valuable information necessary to create a menu of programs, activities and events that are reflective of the community's interests and desires. Current trends include use of parks as ideal venues for healthy lifestyle options (e.g. parks as gyms), redefining the image of senior center, Pickleball and new programming to attract Baby Boomers. Recreation and Parks System Master Plan Page 95 of Ib8 A SWOT (Strengths, Weaknesses, Opportunities & Threats) analysis of the Department is conducted every two years to evaluate those factors that affect internal and external operations. A team composed of Department employees at various levels of authority interviews staff to receive feedback and opinion regarding operations, opportunities for improvement, points of concern, and any other items that may have a positive or negative impact on productivity. The most recent SWOT Analysis, conducted in 2015, identified the following: THREATS Aging infrastructure Neighborhood crime Homeless in parks Competition from similar providers (camps) Staff not taking advantage of marketing opportunities The Department conducts a comprehensive needs assessment every five years, the last one in March 2013. The key reasons for conducting this project were: • accountability to our community and the commission • sensitivity to the changing recreation and park interests of the population and • recognition of the need for updating the baseline information for more efficient recreation and parks management Each recommendation based on a significant number of respondents is addressed via a Work Plan that is created subsequent to the completion of the Needs Assessment. Recreation and Parks System Master Plan Page 96 of Ib8 Methodology included: focus groups sessions, meetings with staff and commissioners, a community -wide questionnaire, and analysis of the data. The project yielded opinions from respondents to the questionnaire ranging across the entire geography of the community. This provided specific views and information regarding facilities, activities and programs. It also details the community's perceptions regarding the overall quality of services delivered by the Recreation and Parks Department. The Needs Assessment serves to provide guidance regarding the distribution of Department resources that are reflective of the community's needs and interest. The Needs Assessment yields several recommendations, key findings and summaries. Major Findings • The most popular recreation interests are those related to special events, performing arts and indoor fitness. While the first two were top interests in previous studies, indoor fitness now ranked much higher. Beaches, parks/community centers and athletic facilities are the most frequently visited facilities. This is similar to previous findings. Lack of information, lack of time, and access to facilities constituted the biggest barriers to attendance and participation. This is similar to what was seen previously as well, although a larger portion of respondents claimed that they lacked the time to participate. The most effective ways of informing the residents of Boynton Beach are direct mail; however, now Internet delivery and Web sites ranked as the second most effective way to get information out to the community. Some the most important needs, those that rank at the very top of the list, include neighborhood parks, nature trails and picnic areas. The most significant needs are exercise and fitness programs, fitness trails, neighborhood parks and picnic areas. Nearly all the respondents agreed to the following statements: => The BBRPD (Boynton Beach Recreation and Parks Department) is responsive to community recreation needs. => The parks I visit are conveniently located. => The BBRPD should provide more activities where the whole family can participate. => The BBRPD staff is courteous and helpful. => The quality of leadership/supervision provided by the BBRPD is good. Recreation and Parks System Master Plan Page 97 of 408 Recommendations Facilities: The results clearly suggest that the BBRPD needs to emphasize maintenance of its facilities along with the development of neighborhood parks. The BBRPD should make sure there are sufficient opportunities and areas for special events and performing arts activities, given the high levels of interest in activities of these types. The Parks Department should be aware of the significant popularity of the beach and neighborhood and district parks as the most frequently visited areas in the community. The BBRPD should continue to address the issues of location and parking in order to ensure they do not serve as barriers to participation and attendance. The BBRPD should continue to evaluate safety levels at its facilities and programs, as well as continue to make the currently successful effort to ensure the public perceives their offerings as safe. The BBRPD should continue to ensure that park maintenance remain a high priority given the demand and appreciation for the parks in Boynton Beach. Programming: The results clearly suggest that maintaining a diversity of program offerings is important to the respondents and thus the Department should consider the following recommendations as important components of its future plans: The Department should attempt to provide a greater variety of programs to its residents. The Department should provide more family-oriented activities, as well as other programming that can address the specific recreation needs of all residents in Boynton Beach. The Department should consider adding exercise and fitness classes and health screenings to meet the residents' health and fitness needs. The Department should consider festivals and special events as recreation activities that will be appreciated by residents of all ages in Boynton Beach and find ways to offer them regularly. Financial Issues: The respondents had specific feelings about the way in which BBRPD should be funded and how its funding should be used. To that end, the BBRPD should consider adopting the following recommendations: The BBRPD should consider the best ways of taking advantage of reasonable user fees, including higher fees for non-residents, in order to provide new programs that will be of interest to the residents of Boynton Beach. The BBRPD should consider ways in which Boynton Beach could be presented as a tourism destination as a way to attract revenues to support the Department activities. Recreation and Parks System Master Plan 7 Page 98 of 408 Administrative Issues: Based on the data, the BBRPD should consider the following as recommendations for action with respect to the way in which it performs its activities. These are important issues since there is an opportunity for BBRPD to better showcase its activities and functions in the community to gain the respect it deserves: The BBRPD should attempt to work around residents' schedules in order to enable them to participate in recreation offerings. The BBRPD should make publicity about recreation opportunities a high priority. The BBRPD should aggressively develop the use of the Internet to disseminate information regularly about recreation opportunities to all residents of Boynton Beach. The Recreation and Parks Department maintains an inventory of facilities, programs and services offered by other public, private and non-profit providers. This comprehensive community inventory is updated periodically, at minimum every five years. It is used as a reference tool to guide staff in determining program gaps, needs and/or areas of duplication. By analyzing this information we are able to confirm that our inventory of facilities and programs is generally complementary in nature to the other service providers in our community. For example, considering the location of the other public pools in the area, we know that the Denson Pool is providing an essential and valuable service to that part of our city. We know that there are ample private clubhouses and recreation amenities in the northwest quadrant of the city, but it may be worth considering the addition of a recreation center sometime in the future since none currently exists west of 1-95. Recreation and Parks System Master Plan Page 99 of 408 Community input is a vital component of a successful park and recreation system. The Department solicits and receives input from its customers and citizens in a variety of ways, both formally and informally, through needs assessments, citizen advisory boards, customer surveys and public meetings. The most recent public meeting held to obtain input was on October 26, 2015. At the meeting, staff presented information about the Recreation & Open Space Element of the City's Comprehensive Plan, level of service (LOS) standards, existing facilities and parks, programs and services, Capital Improvement Program, management and administration. Considering the developed park acreage and the City's current population, the Department's efforts over the next five years will focus on maintaining our existing parks and facilities, making any necessary modifications that were identified as part of the ADA Transition Plan, and to take advantage of any potential grant and/or partnership opportunities to make improvements to the existing system. Those in attendance were then asked to share their opinions/ideas about parks, recreation facilities, and the Department's Greenway/Bikeways/Blueway Plan. The following were identified as the most popular interests in each category: Greenways/Bikeways/Blueways Connect all parks with bikeways Fishing docs Include public art as points of interest Recreation Host ironman/woman competition More promotion of parks and recreation facilities More sport tournaments Parks Biking/walking trails More shelters/pavilions Recreation and Parks System Master Plan Page 100 of 408 The goal of the Boynton Beach Recreation & Parks Department, as also identified in the Recreation and Open Space Element of the City of Boynton Beach Comprehensive Plan, is: To create and maintain an interconnected system of aesthetically pleasing, functional, and well- maintained parks, pedestrian/ bikeways, greenways, blueways and natural areas that will adequately serve the needs of the current and future residents of the City of Boynton Beach, including seasonal visitors, and special groups such as the elderly and handicapped. The City shall also continue to provide a variety of high quality parks and recreation related programs for all residents. Objective 1: The City shall provide a system of park sites with a variety of both user -oriented and resource based facilities and recreational programs to serve the needs of current and future City residents. Elements of the system shall include: Urban Open / Civic Spaces Neighborhood Parks Community Parks Special Use Facilities Water / Beach Access Greenways / Bikeways / Trails Recreation and Parks System Master Plan Conservation Lands Regional Parks Schools/ School Parks Private Recreational Facilities Art in Parks and other Public Spaces Recreational Programs Page 101 0408 Policy 1.1: The City shall continue to assess park conditions by input from the Parks and Recreation Advisory Board, special interest groups, and public meetings, needs assessments conducted on a five-year basis, and periodically conducted user surveys. Policy 1.2: The City shall continue to assess future facility needs, as well as user preferences and willingness to pay through the following methods: input from the Parks and Recreation Advisory Board, special interest groups, and public meetings; needs assessments conducted on a five-year basis; and periodically conducted user surveys. When feasible, the City shall strive to address deficiencies identified through needs assessments within two years of their completion. Policy 1.3: The City shall endeavor to incorporate art in all parks and public spaces throughout the City as an implementation strategy of the Art in Public Spaces program. Objective 2: The City shall ensure adequate and safe public access to all existing and future City parks, recreational facilities, and local waterways. This effort shall include vehicular, pedestrian, trail, bicycle, and wheelchair access and shall continue to improve and increase access to parks and recreational facilities, where available space exists, by providing adequate automobile parking, bike rack facilities, and access to all existing and planned, neighborhood and community parks operated by the City consistent with the City's ADA (Americans with Disability Act) Transition Plan. Policy 2.1: The City shall continue to provide bike rack facilities within all parks developed after the adoption of this Plan. Policy 2.2: By 2020, the City shall provide bike rack facilities within all existing neighborhood and community parks. Private sponsorship of bike racks will be explored. Policy 2.3: The City shall continue to examine the extent of barrier -free access within parks and recreational facilities. Deficiencies will be addressed in the ADA Transition Plan that sets the phasing and funding. Policy 2.4: The City shall ensure that future park sites and facility improvements provide for accessibility of park sites and recreational facilities to individuals with disabilities, in compliance with the Americans with Disabilities Act. Policy 2.5: The City shall promote safe, interconnected pedestrian linkages for its parks and recreation network through provision of greenways, trails, sidewalks, bike paths and bike lanes, where appropriate, to connect each of the City's individual parks and facilities with schools, libraries, museums and other public facilities, where feasible, to provide residents with access to the City's parks and schools systems. Recreation and Parks System Master Plan 1 Page 102 o 408 Objective 3: The City shall continue to ensure that park and recreational facilities are sufficient to meet current needs. The City shall also plan for future improvements to the park and recreation system. Policy 3.1: The City shall maintain a level of service of 2.5 acres of developed parkland per 1,000 residents. Policy 3.2: The City shall set the following nomenclature for existing and undeveloped parks and open space: Urban Open/Civic Spaces; Water/Beach Access; Greenways/Bikeways/Trails; Regional Parks; Community Parks; Neighborhood Parks; Special Use Facilities; and Conservation Lands. Policy 3.3: Facility expansion and improvement plans shall also consider the following advisory distance -to - parks' standards as recommended: Developed Active Parks and Open Space (Measured by LOS): Neighborhood/School Parks — % - 1 mile from every resident Community Parks — 25 — 40 acres, 25% preserved for open space, 3 miles from every resident Community Centers — minimum of 4,000 square feet; 3 miles from every resident Special Use Facilities (dog parks, sports complexes, etc.) - 3 miles from every resident Policy 3.4: For areas annexed into the City which are platted, developed, under development, or have approved development plans in Palm Beach County, the level of service at time of annexation shall be assumed to be that provided by existing park facilities serving the area. Objective 4: The City shall take advantage of both public and private resources, in the provision of park and recreational facilities and programs to meet current and future demands. Policy 4.1: The City shall continue to enforce the provision of open space as required by the Land Development Regulations in all new developments. Private developers shall also be encouraged to provide recreational facilities as feasible. Policy 4.2: The City shall strive to ensure that future park and recreational facilities will address changes in demographics and identified geographic deficiencies. Policy 4.3: The City shall continue to seek opportunities for the joint use of existing public school and City recreational facilities. Policy 4.4: The City shall continue to permit agreements and cooperate with private recreational organizations for use of City parks and facilities in order to provide a variety of recreational programs. Policy 4.5: The City shall continue to make parks and recreation facilities available to private and non-profit groups for cultural programs, special events and festivals, which serve the public interest. Recreation and Parks System Master Plan 2 Page 103 0 408 Objective 5: The City shall ensure complete and safe access to park sites and other points of interest, and to support the evaluation of opportunities for the acquisition and development of bike/trail networks. Policy 5.1: The City shall consider the construction of a network of pedestrian, bicycle, recreational, water- based and public access trails that connects to the County's trail system. The intent of the network shall be to interconnect existing parks and facilities and additional recreational facilities for pedestrian activities. The City shall coordinate with the Metropolitan Planning Organization, Florida Department of Transportation, Palm Beach County and other appropriate agencies to study and implement options for coordinated provision of an interconnected trail network. Policy 5.2: The City shall apply for grants and other funds for trail development from the Florida Department of Environmental Protection, other sources of government and private grants, and possibly voter -based referenda. Policy 5.3: The City shall coordinate with the Florida Trail Association, the Rails to Trails Conservancy, the Florida Department of Environmental Protection Office of Greenways and Trails and other organizations involved in the acquisition and development of trail systems within Palm Beach County. Objective 6: The City shall seek to diversify funding of improvements to the park and recreational facility system through the use of a variety of funding sources such as the general fund, developer commitments, grants, bonds, user fees, and impact fees. Policy 6.1: The City shall conduct a review the City's Recreation Impact Fee regulations as needed, based on relevant inflation and demographic data, in order to assure that new development contributes its proportional share of the cost to expand recreation facilities. Policy 6.2: The City shall continue to pursue County, State and Federal Grants, as well as donations of land and matching funds, for the improvements to the parks, recreational and open space lands and facilities. Policy 6.3: The City shall continue to apply the concept of user fees to offset the cost of certain facilities where appropriate. Policy 6.4: The City may evaluate a bond issue to generate additional parkland, trails, and open space funds to meet needs, if approved by a public referendum. Policy 6.5: Notwithstanding rules and regulations governing the use of lands acquired through dedication or other means, city -owned parkland or property dedicated for recreational/park use should only be sold or converted for alternative use if not listed for future development in the System Master Plan or Capital Improvements Program, or if deemed necessary to further other goals or objectives as supported by current action of the City Commission. Such actions must be supported by the current needs and demand analysis. Policy 6.6: Undeveloped lands designated for future park and recreation sites shall be protected from encroachment by adjacent development. Recreation and Parks System Master Plan 3 Page 104 0 408 Objective 7: The City shall develop a system of open spaces through the preservation and/or acquisition of significant lands, native habitat, and habitat of endangered, threatened and species of special concern. Policy 7.1: Natural areas shall be preserved to the extent possible in accordance with preservation policies in the Future Land Use and Conservation Elements of the City's Comprehensive Plan. Policy 7.2: The City shall coordinate with the Florida Department of Environmental Protection and all other appropriate agencies to establish or revise regulations and programs for the acquisition of natural/ environmental lands. Policy 7.3: The City shall incorporate natural open space, especially wetlands and areas unsuitable for development, into neighborhood and community parks, as passive recreation space. Policy 7.4: The City shall consider amending Land development Regulations to encourage the incorporation of open space into all new non-residential projects, in addition to any environmentally sensitive areas preserved. Policy 7.5: The City shall work in conjunction with the State of Florida, the South Florida Water Management District, the Nature Conservancy, the Trust for Public Lands, and other appropriate agencies involved in conservation lands to create a citywide open space system and a greenways/trails/blueways system. Recreation and Parks System Master Plan Page 105 of 408 k Provision of Facilities The Department should focus on maintaining our current inventory of facilities. As the population continues to grow, consideration may be given to add a recreation facility in the western part of the city since none currently exists. Programs and Services The Department will continue to offer a broad spectrum of programs reflective of the community's needs and interests, taking into account results from needs assessments which continue to identify the desire for family programming and special events. Parkland Acquisition and Development At this time we are meeting our level of service in regards to the number of acres parkland we should have based on the number of residents. Our focus over the next five years should be to maintain our current parkland in the best manner possible, and take advantage of any potential partnerships and/or grants to make improvements to our existing system. Some recent examples of this includes the acquisition of an accessible, non -motorized vessel launching dock, which was partially funded by a grant, and the installation of shade structures using the Park Impact Fee Fund. Maintenance and Operations A significant maintenance item over the next several years will be the implementation of the ADA Transition Plan that involves remedial activities at each park and recreation facility. Administration and Management Considering the recent reorganization of the Department, administratively some of the focus will be on adjusting to the new reporting structure as well as the hiring of a new Recreation Superintendent. The Department will continue to focus on maintaining national accreditation standards, especially as it relates to planning, outreach, education, evaluation, assessment and research. The Department will also continue to work with the Human Resources Department to create a new summer camp counselorjob description in order to hire seasonal employees with qualifications to work with participants with special needs. Recreation and Parks System Master Plan 5 Page 106 0 408 The Departments Strategic Plan provides the strategies to guide the Department to realize its vision and fulfill the comprehensive goals and policies in this plan. Using the balanced scorecard approach, the Strategic Plan identifies strategies around four key themes: 1. Strengthen Financial Performance 2. Be a Leader in Providing Excellent Parks and Recreation Services 3. Invest in, Develop and Motivate Staff 4. Build Community & Customer Loyalty by Exceeding Expectations Annual action plans are also developed which provide specific tasks to be accomplished in order to achieve the established goals. Ultimately, a plan has little value if it is sits on a shelf and gathers dust. This plan is a true reflection of the Recreation & Parks Department - the who, what, where, when and why we exist as an organization and how we plan to prepare for the future. This plan interrelates programs, services and physical resources. It provides a clear picture of our existing conditions, and how we plan to address future challenges. As such, this plan will have little time to gather dust. It will help and guide staff in our continuing efforts to deliver services that are not only essential, but also contribute to the economic development of the City by creating and providing enriching programs that benefit our community. These programs provide significant indirect revenue, a true and sustained value to our local economy - from special events, recreational equipment sales, art supplies, etc. As it relates to environmental sustainability, parks and protected lands are proven to improve water quality, improve the quality of the air we breathe, and provide habitat for wildlife. The contribution to the health, social well-being and safety of the community is quite significant. Parks and recreation services are often cited as one of the most important factors in surveys of how attractive and livable communities are perceived to be. Parks and recreation centers provide gathering places for families, social groups and individuals of all ages and economic statues, regardless of their ability to pay for access. Lastly, access to parks and recreation opportunities has been strongly linked to reductions in crime and to reduced juvenile delinquency. In conclusion, this plan will provide short and long term direction and continuity for both present and future parks and recreation program and services and physical resources development. The plan is intended to be fluid in nature, adaptable to future changes and needs. Recreation and Parks System Master Plan 46 Page 107 of 408 I CONSENTAGENDA 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-012 - Authorize the City Manager to sign a Five Year Lease Agreement and Customer Agreement with Canon Solutions America, Inc. for a Canon/Oce ColorWave 500 Wide Format Printer/Scanner and maintenance for the Development Department for an annual lease payment of $5,676. EXPLANATION OF REQUEST: The Development Department uses a wide format printer to scan Building Division, Engineering Division and Utilities Department plans and drawings into Laserfiche, the City's electronic record management system. The wide format printer is also used to copy plans and drawings for requesting Departments and for public records requests. The existing KIP 7100 Wide Format Printer is at lease end. The Development and ITS Departments researched wide format printers and solicited quotes on two wide format scanner/printers. After review, it appears that the Canon Oce" ColorWave 500 Scanner/Printer will provide the necessary functions at the lowest price. The negotiated lease payment for the equipment will be $473.00 for sixty months. Canon Solutions America has agreed to waive the service and maintenance (to include 250 sq. ft. per month for copies) fees for the first twenty-four months of the lease. For months twenty-five (25), through sixty (60), the service and maintenance fees will be $180.00 per month. The cost for the current wide format printer has averaged $6,600.00 per year. Comparison of Lease Quotes: Canon $473.00/month $5,676.00/annual Davinci $629.70/month $7,556.40/annual Konica Milolta $509.75/month $6,117.00/annual HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Canon CW500 Wide Format Scanner/Printer will allow the Development Department to continue with necessary services for City Departments and public requests, and with preserving documents and drawings electronically. FISCAL IMPACT. Budgeted Year 1 Cost: $5,676.00 (Lease pymt) Maintenance Included Year 2 Cost: $5,676.00 (Lease pymt) Maintenance Included Year 3 Cost: $5,676.00 (Lease pymt) Maintenance $2,160.00 Year 4 Cost: $5,676.00 (Lease pymt) Maintenance $2,160.00 Year 5 Cost: $5,676.00 (Lease pymt) Maintenance $2,160.00 This is a budgeted item and funds are available in account number 001-2411-524-47-21. ALTERNATIVES: Continue to lease the existing wide format scanner/printer on a month-to-month basis and issue a formal bid for the lease/purchase of a scanner/printer. Page 108 of 408 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Memo D Agreement D Amendment REVIEWERS: Department Finance Finance Legal City Manager Description Resolution approving Lease Agreement with Canon for Wide Format Printer Department Recommendation Memo Canon Equipment Lease Agreement Amendment to Lease Agreement Canon Customer Agreement (service/maintenance} Konica Minolta Quote Dav\/inci quote for wide format Canon Reviewer Action Date Howard, Tim Approved 1/12/2016 - 10:21 AM Howard, Tim Approved 1/12/2016 - 10:26 AM Swanson, Lynn Approved 1/14/2016 - 12:00 Pl\A LaVerriere, Lori Approved 1/14/2016 - 12:44 Pl\A Page 109 of 408 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER SIGN A FIVE (5) YEAR LEASE AGREEMENT AND CUSTOMER AGREEMENT WITH CANON SOLUTIONS AMERICA, INC., FOR A CANON/OCE COLORWAVE 500 WIDE FORMAT PRINTER/SCANNER AND MAINTENANCE FOR THE DEVELOPMENT DEPARTMENT FOR AN ANNUAL LEASE PAYMENT OF $5,676.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, staff has recommended that the City Commission approve a five (5) year Lease Agreement and Customer Agreement with Canon Solutions America, Inc., for a 17 Canon/Oce Colorwave 500 Wide Format Printer/Scanner and maintenance for the 18 19 20 21 22 23 24 25 26 27 28 Development Department for an annual lease payment of $5,676.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, at the recommendation of staff, hereby authorizes and directs the City Manager to sign the five (5) year Lease Agreement and Customer Agreement with Canon Solutions America, Inc., for a Canon/Oce Colorwave 500 Wide Format Printer/Scanner and maintenance for the Development Department for an annual lease payment of $5,676.00, a copy of said Lease Agreement is attached hereto as 29 Exhibit "A". 30 Section 3. This Resolution shall become effective immediately upon passage. CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\8AE08544-OAEA-4337-ACCC-DDA18F5E2417\Boynton Beach.2625.1.Canon_Lease_Agreement_Wide_Format_Printer_ =Reso.doc Page 110 of 408 31 PASSED AND ADOPTED this day of , 2016. 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 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 CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\8AE08544-OAEA-4337-ACCC-DDA18F5E2417\Boynton Beach.2625.1.Canon_Lease_Agreement_Wide_Format_Printer_ =Reso.doc Page 111 of 408 DEVELOPMENT DEPARTMENT MEMORANDUM TO: Julianne Alibrandi Senior Buyer Procurement Services FROM: Patsy Grissom, Development Services Coordinator DATE: January 7, 2016 RE: Leasing of Oce Colorwave 500 The Development Department has completed our review of the three (3) quotes submitted for the above referenced project. Based on our review of the quotes, and with Information Technology's recommendations, it appears that Canon's proposal on the Oce Colorwave 500 lease and maintenance is the most responsive quote for technical support and necessary functions for the Department. The Development Department is recommending entering into a sixty (60) month lease agreement with Canon Solutions America. If you should have any questions or comments please contact me in the Development Department at 561.742.6370. Thank you. Page 112 of 408 Canon LEASE AGREEMENT CANON SOLUTIONS AMERICA CFS -1020 07/13 CANON FINANCIAL SERVICES, INC. ("CFS") AGREEMENT Remittance Address: 14904 Collections Center Dr. NUMBER Chicago, Illinois 60693 (800) 220-0200 COMPANY DBA PHONE LEGAL NAME CITY OF BOYNTON BEACH "Customer' 561-742-6068 BILLING CITY COUNTY STATE ZIP ADDRESS 100 E BOYNTON BEACH BLVD BOYNTON BEACH PALM BEACH FL 33435-3838 EQUIPMENT CITY COUNTY STATE ZIP ADDRESS 100 E BOYNTON BEACH BLVD BOYNTON BEACH PALM BEACH FL 33435-3838 EQUIPMENT INFORMATION NUMBER AND AMOUNT OF PAYMENTS Quantity Serial Number T Make/Model/Description Number of Payments Total Payment 1 CW5001 ColorWave 500 Printer (CW500) 60 .$473.00 1 SCEXP2 / Scanner Express 11 (SCEXP2) DPMNGRLT / Direct Print Lite (10 Seats) 1 (DPMNGRLT) FIRST PAYMENT AMOUNT Term in months: 60 Plus Applicable Taxes FIRST & LAST + SECURITY = TOTAL DUE AT SIGNING Payment Frequency: PAYMENT(S) DEPOSIT 2 Monthly ❑ Quarterly ❑ Other: END OF TERM PURCHASE OPTION $ $ $ El Nonrefundable Check must accompany Agreement 0 FAIR MARKET VALUE ❑ 10% S (estimated) ❑ $1.00 ❑ Other THIS AGREEMENT IS EFFECTIVE ONLY UPON SIGNING BY BOTH PARTIES. THIS AGREEMENT IS NON -CANCELABLE BY CUSTOMER. CUSTOMER REPRESENTS THAT ALL ACTION REQUIRED TO AUTHORIZE THE EXECUTION OF THIS SCHEDULE ON BEHALF OF THE CUSTOMER BY THE FOLLOWING SIGNATORIES HAS BEEN TAKEN. ACCEPTED FINANCIAL SERVICES, INC. ed Name: I D#: ACCEPTANCE CERTIFICATE AUTHORIZED CUSTOMER SIGNATURE If proprietor, DOB: Title: To Canon Financial Services, Inc. ("CFS") The Customercerfifies that(a) the Equipment referred to in the above Agreementhas been received, (b) installation has been completed, (c) the Equipment has been examined by Customerand is in good operating order and condition and is, in all respects, satisfactory to the Customer, and (d) the Equipment is irrevocably accepted by the Customerfor all purposes under the Agreement. Accordingly, Customer hereby authorizes billing under this Agreement. ignature: Printed Name. TERMS AND CONDITIONS 1. AGREEMENT: CFS leases to Customer, a _ organized under the laws ofthe State of , with its chief executive office at and Customer leases from CFS, with its place of business at 158 Gaither Drive, Suite 200, Mount Laurel, New Jersey 08054, all the equipment described above, together with all replacement parts and substitutions for and additions to all such equipment (the "Equipment"), upon the terms and conditions set forth in this Lease Agreement ("Agreement"). The amount of each Payment specified in Number and Amount of Payments section above and the 10% or Other Purchase Option price specified above are based on the supplier's best estimate ofthe cost ofthe Equipment. Such Payments and Purchase Option prices will be adjusted upward or downward if the actual total cost ofthe Equipment, including any sales cruse tax, is more or less than the estimate and, in that event, Customer authorizes CFS to adjust such Payments and Purchase Option price by up to fifteen percent (15%). 2. AGREEMENT PAYMENTS: Customeragrees to payto CFS, as invoiced, during the term ofthis Agreement, (a) the payments specified under "Number and Amount of Payments," and (b) such otheramounts permitted hereunder as invoiced by CFS ("Payments"). 3. APPLICATION OF PAYMENTS: All payments received by CFS from Customer underthis Agreement will be applied to amounts due and payable hereunder chronologically, based on the date of CFS's charge as shown on the invoice for each such amount, and among amounts having the same date in such order as CFS, in its discretion, may determine. 4. TERM OF AGREEMENT: The term ofthis Agreement shall commence on the date the Equipment is delivered to Customer, provided Customer executes CFS's Acceptance Certificate or otherwise accepts the Equipment as specified herein. After acceptance ofthe Equipment, Customer shall have no rightto cancel this Agreement during the term hereof. The term ofthis Agreement shall end, unless soonerterminated by CFS, when all amounts required to be paid by Customer underthis Agreement have been paid as provided and either (a) Customer has purchased the Equipment in accordance with the terms hereof or (b) the Equipment has been returned at the end ofthe scheduled term or renewal term in accordance with the terms hereof. Customer has no rightto return the Equipmentto CFS priorto the end ofthe scheduled term ofthis Agreementfor any reason whatsoever, including, without limitation, payment of all amounts due underthe Agreement priorto the end ofthe scheduled term. 5. ADVANCE PAYMENTS. SECURITY DEPOSIT: CFS may apply, but shall not be obligated to apply, any "Advance Payment(s)" or "Security Deposit" specified above to cure any default of Customer, in which event Customer shall promptly restore to CFS any amount so applied. In no event shall any advance payment or security deposit earn interest except where required by applicable law. No portion of any security deposit will be refunded to Customer until all of Customer's obligations have been fully performed as expressly provided in this Agreement. If the "Nonrefundable" box is checked, no portion ofthe security deposit will be refunded to Customer for any reason whatsoever. SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS. PERSONAL GUARANTY The undersigned, (whether one or more are specified, the "Guarantor(s)"), in consideration of CANON FINANCIAL SERVICES INC. ("CFS") entering into an Agreement (together with any schedules or supplements thereto, the "Agreement") with Customer identified above ("Customer") irrevocably and unconditionally, jointly and severally, guarantee to CFS, and its successors and assigns, the paymentwhen due of all amounts owed under the Agreement (whether at maturity or upon the occurrence of an event of default or otherwise) and the performance by Customer of all promises, obligations and terms ofthe Agreement and any other financial transaction between Customer and CFS (collectively, the' Liabilities"). If Customer shall fail to payor perform all or any part of the Liabilities when due, the Guarantors agree, upon demand, to pay any amounts which may be due from Customer and to take any action required of Customer under the Agreement. The Guarantors agree that this is an absolute and continuing guaranty and that their liability under this Guaranty is primary and will notice affected by any settlement, extension, renewal or modification of the Agreement or any discharge or release of Customers obligations whether or not by operation of law. If any payment applied by CFS to the Liabilities is thereafter set aside, recovered or required to be returned for any reason (including without limitation the bankruptcy, insolvency or reorganization of Customer or any other person), the Liabilities to which such paymentwas applied shall forthe purposes ofthis Guaranty be deemed to have continued in existence, notwithstanding such application, and this Guaranty shall be enforceable as to such Liabilities as fully as ifsuch application had neverbeen made. This Guaranty maybe terminated only upon 60 days prior w itten notice to CFS, and such termination shall be effective only as to Liabilities arising under Schedules, supplements, or agreements entered into after the effective date oftermination and shall not affect CFS's rights underthis Guaranty arising out of the Agreement or other agreements entered into prior to such date. The Guarantors waive all damages, demands, presentments and notices of every kind and nature, any rights of set-off, and any defenses available to a guarantor (otherthan the defense of payment and performance in full) under applicable law. The Guarantors furtherwaive any (i) notice ofthe incurring of indebtedness by Customer and the acceptance ofthis Guaranty, (ii) rightto require suit against Customer or any otherparty before enforcing this Guaranty and (iii) right of subrogation to CFS's rights against Customer until Customer's indebtedness is paid in full and Customer's other obligations have been fully performed. The Guarantors consent and agree that any (i) renewals and extensions of time of payment, (ii) release, substitution or compromise of or realization upon the Equipment, other guaranties or any collateral security and (iii) exercise of any other right under this or any other agreement between CFS and Customer or any third party, may be made, granted and effected by CFS without notice to the Guarantors and without in any manner affecting the Guarantors' liability under this Guaranty. The Guarantors agree to pay all expenses (including attorney's fees and legal expenses) paid or incurred by CFS in endeavoring to collect the Liabilities, or any part thereof and in enforcing the Guaranty. THIS GUARANTY SHALL FOR ALL PURPOSES BE DEEMED A CONTRACT ENTERED INTO IN THE STATE OF NEW JERSEY. THE RIGHTS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY WITHOUT REFERENCE TO CONFLICT OF LAW PRINCIPLES. ANY ACTION BETWEEN THE GUARANTORS AND CFS SHALL BE BROUGHT IN ANY STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF CAMDEN OR BURLINGTON, NEW JERSEY, OR AT CFS' SOLE OPTION, IN THE STATE WHERE THE GUARANTORS OR THE EQUIPMENT IS LOCATED. THE GUARANTORS, BY THEIR EXECUTION AND DELIVERY HEREOF, IRREVOCABLY WAIVE OBJECTIONS TO THE JURISDICTION OF SUCH COURTS AND OBJECTIONS TO VENUE AND CONVENIENCE OF FORUM. THE GUARANTORS, BY THEIR EXECUTION AND DELIVERY HEREOF, AND CFS, BY ITS ACCEPTANCE HEREOF, HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY SUCH PROCEEDINGS. The Guarantors agree that CFS may accept a facsimile or other electronic transmission copy of this Guaranty as an original, and that facsimile or electronically transmitted copies ofthe Guarantor's signatures will be treated as an original for all purposes. Printed Name: Signature: (No Title) Date: Address: Phone: Printed Name: Signature: (No Title) Date: Address: Phone: CFS -1020 (07/13) Page 113 of 408 6. NO CFS WARRANTIES: CUSTOMER ACKNOWLEDGES THAT CFS IS NOT A MANUFACTURER, DEALER, OR SUPPLIER OF THE EQUIPMENT. CUSTOMER AGREES THAT THE EQUIPMENT IS LEASED "AS IS" AND IS OF A SIZE, DESIGN, AND CAPACITY SELECTED BY CUSTOMER. CFS HAS MADE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OR DURABILITY OF THE EQUIPMENT, THE ABSENCE OF ANY CLAIM OF INFRINGEMENT OR THE LIKE, OR ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any warranty with respect to the Equipment made by the supplier, dealer, or manufacturer is separate from, and is not apart of, this Agreement and shall be for the benefit of CFS, Customer and CFS's purchaser or assignee, if any. So long as Customer is not in breach or default of this Agreement, CFS assigns to Customer, solely for the purpose of making and prosecuting any such claim, the rights, if any, which CFS may have against the supplier, dealer or manufacturer for breach ofwarranty or other representation respecting any item of Equipment. CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER THE SUPPLIER NOR ANY DEALER IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OF THIS AGREEMENT, OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THIS AGREEMENT OR THE EQUIPMENT ON BEHALF OF CFS. 7. ACCEPTANCE; DEL VERY: Customer's execution of the Acceptance Certificate, or Customer's provision to CFS of other confirmation of its acceptance of the Equipment, shall conclusively establish that the Equipment has been delivered to and accepted by Customer for all purposes of this Agreement and Customer may not, for any reason, revoke that acceptance, however, if Customer has not, within ten (10) days after delivery of the Equipment, delivered to CFS written notice of non-acceptance of any of the Equipment, specifying the reasons therefore and specifically referencing this Agreement, Customer shall be deemed to have irrevocably accepted the Equipment. CFS is the lessor and Customer is the lessee of the Equipment under this Agreement. As between CFS and Customer only, this Agreement shall supersede any Customer purchase order in its entirety. Customer agrees to waive any right of specific performance ofthis Agreement and to hold CFS harmless from damages if far any reason the Equipment is not delivered as ordered, if the Equipment is unsatisfactory or if CFS does not execute this Agreement. Customer agrees that any delay in delivery of the Equipment shall not affect the validity of this Agreement. 8. LOCATION; LIENS; NAMES; OFFICES: Customer shall not move the Equipment from the location specified herein except with the prior written consent of CFS. Customer agrees that it will keep the Equipment free and clear of all claims and liens other than those created as a result ofthis Agreement. Customer's legal name (asset forth in its constituent documents filed with the appropriate government office or agency) is set forth herein. Upon request, Customerwill deliver to CFS a good standing certificate and/or state certified constituent documents. The jurisdiction of organization of Customer is asset forth herein. The chief executive office of Customer is located at the address set forth herein. Customer will not change its name, the location of its chief executive office or its corporate structure (including, without limitation, its jurisdiction of organization) unless CFS has been given at least 30 days priorwritten notice thereof and Customer has executed and delivered to CFS such financing statements and other instruments required or appropriate. 9. USE; FINANCING STATEMENTS: Customer shall comply with all laws or regulations relating to the use or maintenance ofthe Equipment. Customer shall put the Equipment only to the use contemplated by the manufacturer of such Equipment. Customer authorizes CFS (and any third party filing service designated by CFS)to execute and file, (a) financing statements evidencing the interest of CFS in the Equipment, (b) continuation statements in respect thereof, and (c) amendments (including forms containing a broader description ofthe Equipment than the description set forth herein) and Customer irrevocably waives any rightto notice thereof. 10. INDEMNITY: Customer agrees to reimburse CFS for and to defend CFS against any claim for losses or injury caused by the Equipment. This Section shall survive termination of this Agreement. 11. MAINTENANCE; ALTERATIONS: Customerwill keep and maintain the Equipment in good working order and shall, at Customer's expense, supply and install all replacement parts and accessories when required to maintain the Equipment in good working condition. Customer shall not, without the prior written consent of CFS, make any changes or substitutions to the Equipment. Any and all replacement parts, accessories, authorized changes and/or substitutions for the Equipment shall become part ofthe Equipment and subject to the terms ofthis Agreement. 12. TAXES; OTHER FEES AND CHARGES: CUSTOMER SHALL PAY AND DISCHARGE WHEN DUE ALL LICENSE AND REGISTRATION FEES, ASSESSMENTS, SALES, USE, PROPERTY AND OTHER TAXES, AND OTHER EXPENSES AND CHARGES, together with any applicable penalties, interest, and administrative fees now or at anytime imposed upon any item of the Equipment, the Payments payable under this Agreement, or Customer's performance or non-performance of its obligations hereunder, whether payable by or assessed to CFS or Customer. If Customer fails to pay any fees, assessments, taxes, expenses or charges as required by the Agreement, CFS shall have the right but not the obligation to pay those fees, assessments, taxes, expenses or charges. If such payments are made by CFS, Customer shall promptly reimburse CFS, upon demand, for all such payments made plus administration fees and costs, if any. Customer acknowledges that where required bylaw, CFS will file any notices and pay personal property taxes levied on the Equipment. Customer shall reimburse CFS for the expense of personal property taxes as invoiced by CFS and pay CFS a processing fee notto exceed $50 per year per item of Equipment which is subject to such tax. Customer agrees that CFS has not, and will not, render tax advice to Customer and that the payment of such taxes is an administrative act. ON THE DATE OF THE FIRST SCHEDULED PAYMENT AND THE DATE OF THE FIRST SCHEDULED PAYMENT AFTER THE ADDITION OF ANY EQUIPMENT, CUSTOMER SHALL PAY TO CFS AN ADMINISTRATIVE FEE, IN THE AMOUNT OF $65, TO REIMBURSE CFS FOR ITS ADMINISTRATIVE AND RECORDING COSTS. 13.INSURANCE: Customer, at it's sole cost and expense, shall obtain, maintain and pay for (a) insurance against the loss, theft, or damage to the Equipment for the full replacement value thereof, and (b) comprehensive public liability and property damage insurance. All such insurance shall provide for a deductible not exceeding $5,000 and be in form and amount, and with companies satisfactory to CFS. Each insurer providing such insurance shall name CFS as additional insured and loss payee and provide CFS thirty (30) days written notice before the policy in question shall be materially altered or canceled. Customer shall pay the premiums for such insurance, shall be responsible for all deductible portions thereof, and shall deliver certificates or other evidence of insurance to CFS. The proceeds of such insurance, at the option of CFS, shall be applied to (a) replace or repair the Equipment, or (b) pay CFS the "Remaining Lease Balance." For purposes ofthis Agreement, the "Remaining Lease Balance" shall be the sum of (i) all amounts then owed by Customer to CFS under this Agreement, (ii) the present value of all remaining Payments for the full term of this Agreement, (iii) the "Asset Value," and the "Asset Value" shall be (A) for an Agreement with a $1.00 purchase option, $1.00, (B) for an Agreement with no purchase option or a Fair Market Value purchase option, the Fair Market Value ofthe Equipment shall be as defined in the terms hereof, and (C) for an Agreement with an Other or 10% Purchase Option, the amount indicated as the respective dollar amount of such Purchase Option on the face of this Agreement, plus (iv) any applicable taxes, expenses, charges and fees. For purposes of determining present value underthis Agreement, Payments shall be discounted at 6% per year. Customer hereby appoints CFS as Customer's attorney-in-fact to make claim for, receive payment of, and execute and endorse all documents, checks, or drafts for any loss or damage under any such insurance policy. Ifwithin ten (10) days after CFS's request, Customerfails to deliver satisfactory evidence ofsuch insurance to CFS, then CFS shall have the right, but not the duty, to obtain insurance with respect to the Equipment satisfactory to CFS, at the expense ofthe Customer. Customer hereby agrees that CFS shall be entitled to retain any fees earned by it in connection with any insurance obtained underthis Agreement. 14. LOSS; DAMAGE: Customer assumes and shall bear the entire risk of loss, theft of, or damage to the Equipment from any cause whatsoever, effective upon delivery to Customer. No such loss, theft or damage shall relieve Customer of any obligation under this Agreement. In the event of damage to any item of Equipment, Customer shall immediately repair such damage at Customer's expense. If any item of Equipment is lost, stolen, or damaged beyond repair, Customer, at the option of CFS, will (a) replace the same with like equipment in a condition acceptable to CFS and convey clear title to such equipment to CFS (such equipment will become "Equipment" subject to the terms of this Agreement), or (b) pay CFS the Remaining Lease Balance. Upon CFS's receipt ofthe Remaining Lease Balance, Customer shall be entitled to whatever interest CFS may have in the Equipment, in its then condition and location, without warranties of any kind. 15. DEFAULT: Any ofthe following events or conditions shall constitute an Event of Default under this Agreement. (a) if Customer defaults in the payment when due of any indebtedness of Customer to CFS, whether or not arising under this Agreement, without notice or demand by CFS; (b) if Customer or any Guarantor ceases doing business as a going concern, (c) if Customer or any Guarantor becomes insolvent or makes an assignment forthe benefit of creditors, (d) if a petition or proceeding is fled by or against Customer or any Guarantor under any bankruptcy or insolvency law, (e) if a receiver, trustee, conservator, or liquidator is appointed for Customer, any Guarantor, or any of their property, (f) if any statement, representation orwarranty made by Customer or any Guarantor to CFS is incorrect in any material respect, (g) if Customer or any Guarantor defaults under any loan or credit agreement, or (h) if Customer or any Guarantorwho is a natural person dies. 16. REMEDIES: Upon the happening of any one or more Events of Default, CFS shall have the right to exercise any one or all of the following remedies (which shall be cumulative), simultaneously, or serially, and in any order: (a) to declare all unpaid Payments and other amounts due and payable underthis Agreement, with CFS retaining title to the Equipment, (b) to terminate any and all agreements with Customer; (c) with or without notice, demand or legal process, to retake possession of any or all of the Equipment (and Customer authorizes and empowers CFS to enter upon the premises wherever the Equipment may be found) and (i) retain such Equipment and all Payments and other sums paid under this Agreement, or (ii) re -lease the Equipment and recover from Customer the amount by which the Remaining Lease Balance exceeds the value attributed to the Equipment by CFS for purposes of calculating the payment under the new Agreement, or (iii) sell the Equipment and recover from Customer the amount by which the Remaining Lease Balance exceeds the net amount received by CFS from such sale, or (d) to pursue any other remedy permitted at law or in equity. CFS (i) may dispose ofthe Equipment in its then present condition orfollowing such preparation and processing as CFS deems commercially reasonable, (ii) shall have no duty to prepare the Equipment prior to sale, (iii) may disclaim warranties of title, possession, quiet enjoyment and the like, and (iv) may comply with any applicable state or federal law requirements in connection with a disposition ofthe Equipment and none of the foregoing actions shall be deemed to adversely affect the commercial reasonableness of the disposition ofthe Equipment. In the eventthe Equipment is not available for sale, the Customer shall be liable for the Remaining Lease Balance and any other amounts due under this Agreement. 17. LATE CHARGES; EXPENSES OF ENFORCEMENT: If Customer fails to pay any sum to be paid by Customer to CFS under this Agreement on or before the applicable due date, Customer shall pay CFS, upon demand, an amount equal to ten percent (10%) of each such delayed Payment orten dollars ($10)whichever is greater for each billing period or portion ofa billing period such Payment is delayed to the extent permitted by law. The amounts specified above shall be paid as liquidated damages and as compensation for CFS's internal operating expenses incurred in connection with such late payment. In addition, Customer shall reimburse CFS for all of its out-of-pocket costs and expenses incurred in exercising any of its rights or remedies under this Agreement or in enforcing any ofthe terms or provision ofthis Agreement, including, without limitation, reasonable attorney's fees and expenses and fees and expenses of collection agencies, whether or not suit is brought. If CFS should bring court action, Customer and CFS agree that attorney's fees equal to twenty-five percent (250%) ofthe total amount sought by CFS shall be deemed reasonable for purposes ofthis Agreement. 18. ASSIGNMENT: CUSTOMER SHALL NOT ASSIGNOR PLEDGE THIS AGREEMENT IN WHOLE OR IN PART, NOR SHALL CUSTOMER SUBLET OR LEND ANY ITEM OF EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF CFS. CFS may pledge or transfer this Agreement. Customer agrees that if CFS transfers this Agreement, the new owner will have the same rights and benefits that CFS has now and will not have to perform any of CFS's obligations which CFS will continue to perform. Customer agrees that the rights of the new owner will not be subject to any claims, defenses, or set -offs that Customer may have against CFS, including without limitation, claims, defenses or set -offs arising out of service obligations, if any, under this Agreement. If Customer is given notice of any such transfer, Customer agrees, if so directed therein, to pay directly to the new owner all or any part ofthe amounts payable hereunder. 19. RENEWAL; RETURN: Except in the case of an Agreement containing $1.00 purchase option, this Agreement shall automatically renew on a month to month basis at the same Payment amount and frequency unless Customer, at least sixty (60) days before the end of the scheduled term or any renewal term, either (i) exercises the purchase option in accordance with the terms hereof or (ii) sends to CFS written notice that Customer does not want to renew this Agreement, and at the end of such term returns the Equipment as provided below. CFS may cancel the automatic renewal term by, at least sixty (60) days before the end of any term, sending the Customer written notice that CFS does not want the Agreement to renew. Unless this Agreement automatically renews or Customer purchases the Equipment as provided in this Agreement, Customer shall, at the termination of this Agreement, return the Equipment at its sole cost and expense in good operating condition, ordinary wear and tear resulting from proper use excepted, to a location specified by CFS. If for any reason Customer shall fail to return the Equipment to CFS as provided in this Agreement by the last day of the applicable term, Customer shall pay to CFS upon demand one billing period's Payment for each billing period or portion thereof that such delivery is delayed. 20. PURCHASE OPTION: (A) END OF TERM PURCHASE OPTION. Customer shall give CFS sixty (60) days prior irrevocable written notice (unless the Purchase Option is $1.00) that it will purchase all the Equipment at the end ofthe initial term or any renewal term for the purchase option price indicated on the face of this Agreement plus any applicable taxes, expenses, charges and fees. (B) PRIOR TO MATURITY PURCHASE. Customer may, at anytime, upon sixty (60) days irrevocable written notice purchase all (but not less than all) the Equipment ata price equal to the sum of all remaining Payments plus the Fair Market Value, plus any applicable taxes, expenses, charges and fees. For purposes ofthis Agreement, "Fair Market Value" shall be CFS's retail price at the time Customer notifies CFS of its intent to purchase the Equipment, but not less than 20% of the total cost of the Equipment. Equipment purchases shall not be available to Customer if a default hereunder has occurred and is continuing. Upon proper notice and payment by Customer of the amounts specified above, CFS shall transfer the Equipment to Customer "AS -IS WHERE -IS" without any representation or warranty whatsoever, except fortitle, and this Agreement shall terminate. 21. DATA: Customer acknowledges that the hard dnve(s) on the Equipment, including attached devices, may retain images, content or other data that Customer may store for purposes of normal operation ofthe Equipment ("Data"). Customer acknowledges that CFS is not storing Data on behalf of Customer and that exposure or access to the Data by CFS, if any, is purely incidental to the services performed by CFS. Neither CFS nor any of their affiliates has an obligation to erase or overwrite Data upon Customer's return of the Equipment to CFS. Customer is solely responsible for: (i) Its compliance with applicable law and legal requirements pertaining to data privacy, storage, security, retention and protection, and (ii) all decisions related to erasing or overwriting Data. Without limiting the foregoing, Customer should, prior to return or other disposition of the Equipment, utilize the Hard Disk Drive (HDD) (or comparable) formatting function (which maybe referred to as "Initialized All Data/Settings" function) if found on the Equipment to perform a one pass overwrite of Data or, if Customer has higher security requirements, Customer may purchase from its Canon dealer at current rates an appropriate option for the Equipment, which may include (a) an HDD Data Encryption Kit option which disguises information before It is written to the hard drive using encryption algorithms, (b) an HDD Data Erase Kit that can perform up to a 3 -pass overwrite of Data or (c) a replacement hard drive (in which case the Customer should properly destroy the replaced hard drive). Customer will indemnify CFS, their subsidiaries, directors, officers, employees and agents from and against any and all costs, expenses, liabilities, claims, damages, losses, judgments or fees (including reasonable attorneys' fees) arising or related to the storage, transmission or destruction ofthe Data. This section survives termination or expiration of this Agreement. 22. WARRANTY OF BUSINESS PURPOSE: Customer represents and warrants the Equipment will not be used for personal, family, or household purposes. 23. PERSONAL PROPERTY: The Equipment shall remain personal property regardless of whether it becomes affixed to real property or permanently rests upon any real property or any improvementto real property. 24. MAXIMUM INTEREST; RECHARACTERIZED AGREEMENT: No Payment is intended to exceed the maximum amount of time price differential or interest, as applicable, permitted to be charged or collected by applicable laws, and any such excess Payment will be applied to payments due under this Agreement, in inverse order of maturity, and thereafter shall be refunded. If this Agreement is recharacterized as a conditional sale or loan, Customer hereby grants to CFS, its successors and assigns, a security interest in the Equipment to secure payment and performance of Customer's obligations under this Agreement. 25. UCC -ARTICLE 2A: CUSTOMER ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT IS INTENDED ASA "FINANCE LEASE" AS THAT TERM IS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE AND THAT CFS IS ENTITLED TO ALL BENEFITS, PRIVILEGES AND PROTECTIONS OF A LESSOR UNDER A FINANCE LEASE. 26. WAIVER OF OFFSET: This Agreement is a net lease. If the Equipment is not properly installed, does not operate as represented or warranted, or is unsatisfactory for any reason, Customer shall make such claim solely against the supplier, dealer, or manufacturer. Customer waives any and all existing and future claims and offsets against any Payments or other charges due under this Agreement, and unconditionally agrees to pay such Payments and other charges, regardless of any offset or claim which maybe asserted by Customer or on its behalf. 27. NOTICES: All notices required or permitted under this Agreement shall be sufficient if delivered personally, sent via facsimile or other electronic transmission, or mailed to such party at the address set forth in this Agreement, or at such other address as such party may designate inviting from time to time. Any notice from CFS to Customer shall be effective three days after it has been deposited in the mail, duly addressed. All notices to CFS from Customer shall be effective after it has been received via U.S. Mail, express delivery, facsimile or other electronic transmission. 28. ELECTRONIC ACCEPTANCE: Customer agrees that CFS may accept a facsimile or other electronic transmission ofthis Agreement or any Acceptance Certificate as an original, and that facsimile or electronically transmitted copies of Customer's signature will be treated as an original for all purposes. 29. NON -WAIVER: No waiver of any of Customer's obligations, conditions or covenants shall be effective unless contained in a writing signed by CFS. Failure to exercise any remedy which CFS may have shall not constitute a waiver of any obligation with respect to which Customer is in default. 30. MISCELLANEOUS: If there should be more than one party executing this Agreement as Customer, all obligations to be performed by Customer shall be the joint and several liability of all such parties. Customer's representations, warranties, and covenants under this Agreement shall survive the delivery and return ofthe Equipment. Any provision ofthis Agreement which may be determined by competent authority to be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions ofthis Agreement. No such prohibition or unenforceability in any jurisdiction shall invalidate or render unenforceable such provision in any other jurisdiction. Customer agrees that CFS may insert missing information or correct other information on this Agreement including the Equipment's description, serial number, and location, otherwise, this Agreement contains the entire arrangement between Customer and CFS and no modifications ofthis Agreement shall be effective unless in writing and signed by the parties. 31. GOVERNING LAW; VENUE; WAIVER OF JURY TRIAL: THIS AGREEMENT HAS BEEN EXECUTED BY CFS IN, AND SHALL FOR ALL PURPOSES BE DEEMED A CONTRACT ENTERED INTO IN, THE STATE OF NEW JERSEY. THE RIGHTS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY WITHOUT REFERENCE TO CONFLICT OF LAW PRINCIPLES. ANY ACTION BETWEEN CUSTOMER AND CFS SHALL BE BROUGHT IN ANY STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF CAMDEN OR BURLINGTON, NEW JERSEY, OR AT CFS' SOLE OPTION, IN THE STATE WHERE THE CUSTOMER OR THE EQUIPMENT IS LOCATED. CUSTOMER, BY ITS EXECUTION AND DELIVERY HEREOF, IRREVOCABLY WAIVES OBJECTIONS TO THE JURISDICTION OF SUCH COURTS AND OBJECTIONS TO VENUE AND CONVENIENCE OF FORUM. CUSTOMER, BY ITS EXECUTION AND DELIVERY HEREOF, AND CFS, BY ITS ACCEPTANCE HEREOF, HEREBY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY SUCH PROCEEDINGS. CFS -1020 (07/13) Initial Page 114 of 408 CANON FINANCIAL SERVICES, INC. ("CFS") Municipal Fiscal Funding Addendum Remittance Address: 14904 Collections Center Dr. Agreement Chicago, Illinois 60693 800-220-0200 Number: Agreement Date: GOVERNMENTAL ENTITY Complete Legal Name CITY OF BOYNTON BEACH C'Customer" 1 THIS ADDENDUM WILL BE OF NO FORCE OR EFFECT IF THE CUSTOMER IS NOT A STATE OR A POLITICAL SUBDIVISION OF A STATE WITHIN THE MEANING OF SECTION 103(C) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. The Customer warrants that it has funds available to pay the lease payments ("Payments") payable pursuant to the lease agreement (the "Agreement") between Customer and CFS until the end of its current appropriation period and warrants that it presently intends to make Payments in each appropriation period from now until the end of the Agreement. The officer of the Customer responsible for preparation of Customer's annual budget shall request from its legislative body or funding authority funds to be paid to CFS under the Agreement. If notwithstanding the making in good faith of such request in accordance with appropriate procedures and with the exercise of reasonable care and diligence, such legislative body or funding authority does not appropriate funds to be paid to CFS for the Equipment, Customer may, upon prior written notice to CFS, effective upon the exhaustion of the funding authorized for the then current appropriation period, return the Equipment to CFS, at Customer's expense and in accordance with the Agreement, and thereupon, Customer shall be released of its obligations to make Payments to CFS due thereafter, provided: (1) the Equipment is returned to CFS as provided for in the Agreement, (2) the above described notice states the failure of the legislative body or funding authority to appropriate the necessary funds as the reason for cancellation; and (3) such notice is accompanied by payment of all amounts then due to CFS. In the event Customer returns the Equipment pursuant to the terms of this Addendum and the Agreement, CFS shall retain all sums paid by Customer. Customer's Payment obligations under this Agreement in any fiscal year shall constitute a current expense of Customer for such fiscal year, and shall not constitute indebtedness or a multiple fiscal year obligation of Customer under Customer's state constitution, state law or home rule charter. Nothing in this Agreement shall constitute a pledge by Customer of any taxes or other monies, other than as appropriated for a specific fiscal year for this Agreement and the Equipment. The undersigned represents and warrants to CFS that all action required to authorize the execution and delivery of this Addendum on behalf of the above referenced Governmental Entity by the following signatory has been duly taken and remains in full force and effect. CFS may accept a facsimile copy of this Addendum as an original for all purposes. ACCEPTED Canon Financial Services, Inc. By Customer By Printed Name Title Title Date CFS -2020 (06/12) Page 115 of 408 C� Canon Services,*d- Agreement for application 966775 WHEREAS,and Boynton heretodetermined that it is for their mutual benefit to enter into this Addendum ("Addendum") to the Lease Agreement (whether designated a Lease, Rental Agreement, Master Lease, or otherwise) ("Agreement") for the lease or rental of certain equipment ("Equipment"). NOW, THEREFORE, for good and valuable consideration, intending to be legally bound, the parties hereby agree as follows: Capitalized terms used herein but not otherwise defined herein shall have the respective meanings given to such terms in the Agreement. It is expressly agreed by the parties that this Addendum is supplemental to the Agreement and that the provisions thereof, unless specifically modified herein, shall remain in full force and effect and shall apply to this Addendum as though they were expressly set forth herein. In the event of any conflict or inconsistency between the provisions of this Addendum and any provisions of the Agreement, the provisions of this Addendum shall in all respect govern and control. The terms and conditions paragraph(s) in the Agreement (CFS -1 020 07/13) are changed as follows: PERSONAL GUARANTY: The Personal Guaranty section is deleted in its entirety. 31. GOVERNING LAW; VENUE; WAIVER OF JURY TRIAL: Paragraph 31 is amended by (i) deleting the first sentence in its entirety; (ii) deleting each instance of the words "New Jersey" and replacing with the word "Florida"; and (iii) deleting the words "Camden or Burlington" and replacing with the words "Palm Beach, Florida". Customer agrees that CFS may accept a facsimile copy of this Addendum as an original, and that such facsimile copy will be treated as an original for all purposes. THIS ADDENDUM SHALL BE EFFECTIVE WHEN IT HAS BEEN SIGNED BY CUSTOMER AND ACCEPTED BY CFS. CANON FINANCIAL SERVICES, INC. By: Title: Date: l Boynton Beach City of By: Printed Name: Title: By. Printed Name: Tale: Page 116 of 408 Canon Solutions America, Inc. Customer iro mt Division. Contract Na Order Type: unbundled Lease (Term Lease) Agreement No: 426233-02 ...Hardware..._ Rep No: 1063.... Customer's Sold To Address Customer's Ship To Address Company Name: CITY OF BOYNTON BEACH Company Name: •• See Site Surveys •• DBA: DBA: Contact Name: Carolina Logue Type of Entity: ❑Corporation []Partnership ❑Sole Proprietor ❑LLC (check one) Contact Name: Address: 100 E BOYNTON BEACH BLVD Address: Address: Address: City: BOYNTON BEACH County: PALM BEACH City: County: State: FL Zip: 33435.3838 Phone: 561.742.6068 State: Zip: Phone: Product/Equipment Supplies Description Requested Pre- warranty Qty. List Price Trade-in/ installation/ Addenda Totals Total Net Price Include serial numbers and meter counts when required) Delivery pack (nm -) Discount Delivery A CW500 01/18/2016 1 730 B SCEXP2 1 730 C DPMNGRLT 1 0 D' Billing Frequency Agreement Term Intro or Equipment Rental Data Special Delivery Charges Minimum Rental Payment Initial Term Minimum Payment Cost per Copy Excess Rigging Monthly 60 Total (e.oi�roensaieyusera.a Mamc> Minimum Maintenance Payment Payment No. To Trade in Equip PO Required K-16 Summer Shut -Off (DPS Only) Monthly Payment No. To []Yes ®No ®Yes [I No Tax Exempt Supplies Inc]. Copy Allowance Payment No. To Monthly I Payment No. To []Yes ®No []Yes ®No Service (Also used for Rental Copy Allowances/Charges.) Number of Square Foot/Linear Foot/SmartClick/Copies Allowance Zone Service Service Excess Meter Charge/SmartClick Charge Service Pricing Fixed Charge Addend (Copies will be billed separately) A B&W 250 Cir 0 Scan 0 Square Foot 1 $130.00 $10.00 B&W 0.04400 Cir Scan 0 []Yes ® No Months B B&W Unlimited Cir 0 Scan 0 1 $40.00 B&W 0 Cir Scan 0 []Yes ID No Months C B&W Unlimited Cir 0 Scan 0 1 B&W 0 Cir Scan 0 []Yes ® No Months D B&W Cir Scan B&W Clr Scan ❑Yes ❑ No Months Acceptance Optional Service Customer Signature acknowledges receipt of 5 (#) documents (See documents listed below) After Hours Addt'I Service. Opt. Coverage Call Out Charge which are incorporated into this document by reference. Coverage Charge DOCUMENT NAME REV. []Yes ID No Document Acceptance Agreement 12/12 El Customer Agreement Addendum For Additional Product/Equipment 12/12 LBOYes s ®Customer N�o� Agreement Addendum For Product Intro/Warranty 12/12 s ❑ Comments Customer Agreement Terms and Conditions 12/12 Site Survey Contract Compliance Code: 999 - N/A - N/A This equipment is leased under a separate lease agreement by Canon Financial Services. Term and Conditions follow Contract CP -002-13 National IPA Aggreement Coverage Info (CW500): 1x5 M -Fr 8-5pm Coverage Info (SCEXP2): 1x5 M -Fr 8-5pm Coverage Info (DPMNGRLT): 1x5 M -Fr 8-5pm ' Full Site Survey must be completed by our Service Team and signed by the Customer (representative must schedule this event for the immediate future and coordinate activities). ' Site Preparation and Site Rigging charges are the responsibility of the Customer. ' Full Site Survey must be completed by our Service Team and signed by the Customer (representative must schedule this event for the immediate future and coordinate activities). ' Site Preparation and Site Rigging charges are the responsibility of the Customer. Service is included months 1 through 24, months 25-60 service is Sl 50.00 per month Customer Authorized Signature CSA Authorized Signature Customer Name: Date: Accepted by: Authorized Signature: Name (print): Name (print): Title: Date: State of Organization: Canon Solutions America, Inc.. 5450 N. Cumberland Avenue . Chicago, IL 60656 Page 117 of 408 FEIN/ SSN By execution hereof, the signer certifies that (s)he has read the entire Agreement, that CSA or its representatives have made no agreements or representations except as set forth herein and that (s)he is duly authorized to execute the Agreement on behalf of Customer. Form # USA9500 rev 12/17/12 Page 118 of 408 C Canon Solutions America, Inc. Agreement No: 426233.02 Form #USA9500 rev 12/12 Page 119 of 408 Customer's Sold To Address Company Name: CITY OF BOYNTON BEACH DBA: Customer's Ship To Address Company Name: --see site Surveys -- DBA: Contact Name: Carolina Luue Address: Ino E BOYNTON BEACH BLVD Contact Name: Address: Address: 1 Address: City: BOYNTON BEACH County: City: County: State: FL Zip: 33439.3636 Phone: 561.742.6068 State: Zip: Phone: Acceptance Customer Signature acknowledges receipt of (#) documents (See documents listed below), which are incorporated into this document by reference. Sales Manager Acknowledgement DOCUMENT NAME REV. Site survey Customer Authorized Signature Company Name: Authorized Signature: Name (Please Print): Title: Date: Name: Cc6 Authorized Signature Date: Accepted by VP: Name (Please Print): CUSTOMER'S REPRESENTATIVE WARRANTS THAT HE/SHE IS DULY AUTHORIZED TO EXECUTE THIS AGREEMENT ON BEHALF OF CUSTOMER AND THE AGREEMENT IS BINDING ON CUSTOMER. THIS CUSTOMER AGREEMENT IS ONLY BINDING UPON SIGNATURE OF AN AUTHORIZED Oce North Amer.., Inc. REPRESENTATIVE. THESE TERMS AND CONDITIONS SUPERCEDE ANY OTHER TERMS AND CONDITONS INCLUDING ANY TERMS AND CONDITIONS IN THE CUSTOMER'S PURCHASE ORDER TERMS AND CONDITIONS OR OTHER DOCUMENTS. CUSTOMER'S AUTHORIZED REPRESENTATIVE ACKNOWLEDGES HE/SHE HAS READ THESE TERMS AND CONDITIONS AND ACKNOWLEDGES THAT THESE TERMS AND CONDITIONS SUPERCEDE ANY OTHER TERMS AND CONDITIONS. Form #USA9500 rev 12/12 Page 119 of 408 Canon Solutions America, Inc. Customer Agreement Addendum Division: For Additional Product/Equipment Agreement No: 426233.02 Order Type: Un bundled Lease (Term Rep No: 1963 1 aasa) Hardware Branch No: Customer: CITY OF BOYNTON BEACH Product/Equipment Description (include serial numbers and meter counts when required) Requested Warranty Delivery Qty Pre -Pack (# OF DAYS) List Price Trade -In/ Installation & Discount Delivery Total Net Price Maint. Price ColorFkave 500 Lleense I 50.00 50.00 50.00 Color leave 500 Install Kit 1 50.00 50.00 50.00 Initial Supply CW 1 50.00 50.00 50.00 Initial Supplies 1 50.00 50.00 50.00 Color�kave 500 Initial Supplies Kit A 1 50.00 50.00 50.00 Rear C.'er Scanner I 50.00 50.00 50.00 Receiving Ra& 1 50.00 50.00 50.00 CNN500 Postscript/PDF 1 50.00 50.00 50.00 Color Wal, 1 50.00 50.00 50.00 2 Help Desk Incidents(Onlyw/HNIA or SNIA) 1 50.00 50.00 510.00 Total: 50.00 50.00 510.00 (This form must be attached to the completed Order Package when required) Form #USA9500 rev 12/18/12 Page 120 of 408 Canon Solutions America, Inc. Customer Agreement Addendum Division: For Additional Product/Equipment Agreement No: 426233.02 Order Type: Un bundled Lease (Term Rep No: 1963 1 aria Hardware Branch No: Customer: CITY OF BOYNTON BEACH Product/Equipment Description Requested Warranty Trade -In/ Installation & Total Net (include serial numbers and meter counts Delivery Qty Pre -Pack (# OF DAYS) List Price Discount Delivery Price Maint. Price when required) (This form must be attached to the completed Order Package when required) Form #USA9500 rev 12/18/12 Page 121 of 408 Canon Solutions America, Inc. Customer Agreement Addendum Division: For Additional Product/Equipment Agreement No: 426233.02 Order Type: Un bundled Lease (Term Rep No: 1963 1 aria Hardware Branch No: Customer: CITY OF BOYNTON BEACH Product/Equipment Description Requested Warranty Trade -In/ Installation & Total Net (include serial numbers and meter counts Delivery Qty Pre -Pack (# OF DAYS) List Price Discount Delivery Price Maint. Price when required) I Total: I I I I I I I so.00 I so.00 I so.00 I (This form must be attached to the completed Order Package when required) Form #USA9500 rev 12/18/12 Page 122 of 408 Canon Solutions America, Inc. Customer Agreement Addendum Division: For Product Intro / Warranty Agreement No: 426233.02 Order Type: Un bundled Lease (Term Rep No: 1963 1.— Hardware Branch No: Customer: CITY OF BOYNTON BEACH Intro # of Copies # of Copies Copy Allowance Copy Zone Monthly Min. Term/Months Excess Meter Charge Allowance Charge (Copes will be billed separately) A B/W Clr B&W Clr B B/W Clr B&W Clr C B/W Clr B&W Clr D B/W Clr B&W Clr E B/W Clr B&W Clr F B/W Clr B&W Clr G B/W Clr B&W Clr H B/W Clr B&W Clr I B/W Clr B&W Clr J BfW Clr B&W Clr K BfW Clr B&W Clr L BfW Clr B&W Clr M B/W Clr B&W Clr N BfW Clr B&W Clr O B/W Clr B&W Clr P BfW Clr B&W Clr Warranty # of Copies Copy Allowance Zone Min. Charge Term/Months Excess Meter Charge (Copes will be billed separately) A B/W 250 Clr 0 Foot Square 1 Included 24 B&W 0.0440 Clr 0 B B/W Unlimited Clr 0 1 Included 24 B&W 0 Clr 0 C B/W Clr B&W Clr D B/W Clr B&W Clr E B/W Clr B&W Clr F B/W Clr B&W Clr G B/W Clr B&W Clr H B/W Clr B&W Clr I B/W Clr B&W Clr J BfW Clr B&W Clr K BfW Clr B&W Clr L BfW Clr B&W Clr M B/W Clr B&W Clr N BfW Clr B&W Clr O BNV Clr B&W Clr P I Bfw Clr B&W Clr Form #USA9500 rev 12/12 Page 123 of 408 Customer Agreement Terms and Conditions Common Terms 1.0 DEFINITIONS. a. Agreement means this Customer Agreement and all schedules, amendments, and/or addenda attached hereto or made a part thereof. b. Client Software means that portion of the Software that resides in, and operates on, the desktop or portable computers in use by Customer or third parties and which provides access to the Server Software and computer system resources shared and used by the Software. c. Confidential Information means Firmware, Software, Documentation, technical service manuals, service bulletins, databases, customer fists, pricing, results, discounts and/or such other information as is marked as "confidential" by a party hereto. d. Consulting Services means consulting provided by CSA as relates to the Firmware and/or Software. Consulting Services may be provided by CSA at any time during the term of this Agreement. Consulting Services, if any, and the price therefore are set forth on the Customer Agreement Addendum or on a separate statement of work signed by CSA and Customer. e. Consumables means toner, developer, paper, photoconductor or ink, as the case may be to be used, in conjunction with or for the Equipment. f. Cover Sheet means the front page of this Agreement. g. CSA means Canon Solutions America, Inc. h. Customer means the business entity defined on the Cover Sheet. i. Documentation means documents and other materials provided to Customer to support use of Product(s). j. Educational Services means training provided by CSA as relates to the Product(s), Firmware and/or Software. k. Excess Charge means charges in Excess of the Square Foot/Linear Foot or SmartCfick Allowance specifically set forth on the Cover Sheet. 1. Effective Date means (i) the date the installation is completed; or (ii) for Software which is not installed during the installation of the Equipment, the date the Software is enabled or shipped; or (iii) in the case of conversions or trials, the date specified by CSA. in. Equipment means printing and/or scanning equipment, including accessories and ancillary equipment each and all of which is identified by model number on the Cover Sheet, excluding NOLI Products. n. Firmware means software embedded in Equipment in object code form, incidental to operation of the Equipment, licensed by the Equipment manufacturer to Customer or for which CSA has the right to sublicense to Customer. o. Implementation Services means services relating to the implementation of Firmware and/or Software and which are rendered at or about the time of Equipment installation and may include (but shall not be limited to) review of print applications, validation of hosts and network paths, validation of system configuration(s), and overview of printer/server operation. Implementation Services acquired hereunder, if any, and the costs thereof are set forth on the Customer Agreement Addendum. p. Installation means the Equipment is ready for commercial operation in accordance with manufacturer's published specifications. q. Installation Site means the Customer's "Ship To" address specified on the Cover Sheet and to which Customer requests that CSA ship the Equipment or Software. Delivery will be made to the Installation Site. r. Maintenance means the repair and/or replacement of parts, subassemblies, and Firmware to keep the Product(s), and if applicable NOLI Products, in good working order per manufacturer's or CSA's written specifications, as the case may be, provided that repairs can be performed in the field. Parts required for repair may be used or remanufactured in accordance with CSA's specifications. Maintenance may be provided by CSA or a third party subcontracted by CSA. s. NOLI Products means Non -Oce Listed Items, which may include hardware, software (and specifically Third Party Software), equipment, supplies, service, warranty, network equipment and other items not fisted in CSA's price fist and as designated on the Customer Agreement Addendum. t. Parts means all parts certified by CSA as meeting manufacturers' and/or CSA specification, as the case may be, and which are required to provide Maintenance to Products. Such certification requirements shall be determined solely by CSA. u. Product means Equipment, Consumables, Maintenance, Professional Services, Educational Services and Parts provided hereunder, excluding NOLI Products. v. Professional Services means collectively Implementation Services, Educational Services and Consulting Services each of which as such services relate to Software acquired hereunder. Professional Services, if any, and the rates therefore, are specified in the Customer Agreement Addendum. w. Server Software means that portion of the CSA Software that resides in, and operates on, the computer systems of Customer which allow access by the Client Software to shared computer system resources, including data files and databases. x. Service Charges means charges invoiced by CSA for Maintenance Services and/or Software Support and or charges based on use. y. SmartClick" means a CSA proprietary measurement derived from (1) the amount of toner used; plus (2) the area of media used, for each application printed on the Equipment. z. Software means all computer software programs provided by CSA, whether embedded in Product(s) or provided via separate media or download; the Software includes, but is not limited to, Firmware, and Third Party Software and software that is set forth in the Customer Agreement Addendum. aa. Software Support means access to CSA support specialists for operator questions, installation support, explanation of Software features and functionality, network connectivity questions, and other software support issues. Software Support includes making available updates, fixes, minor enhancements and improvements to the current version of the Software and/or Firmware and correcting reproducible errors in Firmware or Software which errors are caused by defects in the software. Software Support does NOT include (i) administration of servers or database products; (ii) support of Firmware or Software installed on equipment using "beta" or operating systems not supported by CSA; (iii) resolution of network errors not directly related to Firmware or Software; or (iv) installation, setup or support of third party products not supported by CSA or software not acquired from CSA. Software Support does not include updates, upgrades and new releases or versions of third party products sold with or used in conjunction with Software. bb. Third Party Software means software authored by third parties other than CSA and made available by CSA to Customer and which requires Customer to enter into a license agreement directly with the third party software provider. Third Party Software provided hereunder is set forth on the Customer Agreement Addendum. 2.0 This Agreement governs the provision of Products and NOLI Products identified on the Cover Sheet and/or Customer Agreement Addendum and shall be in effect from the earlier to occur of: (i) the date the Agreement, signed by Customer, is countersigned by CSA; or, (ii) shipment of the Product; or, (iii) performance of any Professional Services and/or Maintenance. Once this Agreement becomes effective and legally binding as set forth in this Section, it is non -cancelable. CSA has no responsibility for the decision or effect of the decision of Customer to acquire NOLI Products, even if CSA helps Customer identify, evaluate or select such NOLI Products. Customer and CSA shall sign a separate addendum ("Supplemental Agreement") in connection with the purchase of such NOLI Products. 3.0 EQUIPMENT. Products shipped hereunder, unless otherwise specifically set forth in the Cover Sheet or Customer Agreement Addendum may, in CSA's sole discretion, be New/Newly Manufactured, Factory Produced New Model, Like New, Remanufactured, Refurbished or Used. With respect to Wide Format Equipment, CSA may ship (at CSA's sole discretion) any Equipment type defined above. "Factory Produced New Model" means Equipment that has been disassembled, cleaned, refinished, inoperable components replaced with new or used components. Such Equipment is newly serialized Equipment with new features and/or functions. Customer is the first user of this Equipment, which is fully tested to assure product performance and reliability specifications. "Like New" means Equipment previously on trial, used as a demo unit, shown at a trade show or equipment with nominal foot/copy count. All Like New Equipment has been maintained by CSA, has not been pre -owned by any other party and has a nominal foot/copy count from a controlled pre -production environment. "New/Newly Manufactured" means Equipment that is newly assembled and which may contain a limited number of used components that have been thoroughly inspected and tested to assure product performance and reliability specifications. "Refurbished" means Equipment that has been under CSA maintenance, has been tested to ensure full functionality and reliability to specifications. "Remanufactured" means Equipment that has been disassembled, cleaned, refinished, inoperable components replaced with new or used components and is fully tested to assure product performance and Customer Agreement Terms and Conditions Form#USA9500 rev 12/18/12 Page 124 of 408 reliability specifications. Meters have been reset to zero. "Used" means Equipment that has been maintained under CSA's authorized technical standards. Used Equipment is offered without warranty. 4.0 DELIVERY; RISK OF LOSS; INSURANCE. Delivery dates provided for by CSA are estimates only and CSA shall not be liable for delays in delivery due to causes beyond CSA's reasonable control. Customer is responsible for freight, delivery and rigging charges unless otherwise agreed. Notwithstanding any other provision herein and in addition to Service Charges, CSA may assess a fuel surcharge ("Fuel Surcharge") to offset increase in fuel expenses. Risk of loss shall pass to Customer upon delivery to Customer's loading dock From the time of shipment until Customer's payment obligations have been satisfied, Customer agrees (a) to give CSA prompt written notice of any damage to or loss of the Equipment or any occurrence arising from the possession, use, or operation of the Equipment resulting in death, bodily injury or damage to property; and (b) to maintain, at its expense, comprehensive general liability and property insurance covering the Equipment in an amount at least equal to the Equipment purchase price. 5.0 TITLE; SECURITY INTEREST; TRADE-IN. Customer agrees to immediately notify CSA in writing of any change in Customer's name or address or jurisdiction of organization, or discontinuance of its place or places of business. Prior to payment being made in full, Customer shall not move the Products from the Installation Site without first obtaining prior written consent from CSA. Title to Products (except with respect to Software) shall pass to Customer upon payment in full. CSA shall retain a first priority security interest in the Products and all proceeds therefrom until all purchase payments due CSA have been made. As security for the payment of all amounts due to CSA, Customer hereby grants to CSA a purchase money security interest in the Products and all proceeds thereof (including insurance proceeds). To the extent permitted by applicable law, Customer hereby authorizes CSA to file with the appropriate governmental authorities any and all financing statements necessary to evidence or perfect CSA's security interest in the Products including attachments, replacements, substitutions, modifications and additions thereto. Customer agrees to reimburse CSA upon demand for all costs incurred in connection therewith. Customer represents and warrants that any trade-in equipment is free and clear of all liens and encumbrances of any kind and that marketable title shall vest in CSA upon CSA's receipt of the trade-in equipment. Customer shall be responsible for related freight charges and trade-in equipment shall be packed in accordance with the manufacturer's specifications. 6.0 INSTALLATION AND SITE PREPARATION. CSA shall install the Equipment at the Installation Site. In no event shall Installation be later than thirty (30) days after delivery of the Equipment, except if delay is due solely to CSA. Customer shall be ready to timely receive the Equipment and shall have the area at the Installation Site prepared and ready to receive the unit of Equipment or the Software in accordance with CSA's power, environmental and other requirements prior to its delivery, including providing adequate power, analog phone line(s) and computers and/or network connection(s) (if required for the unit of Equipment), fighting, humidity, HVAC, and security. Installation services may be provided by an independent contractor at CSA's discretion. Installation services include uncrating, unpacking, connection to peripherals, power, communication and other utilities, and rendering the Equipment or Software ready for use. All site preparation, including electrical wiring, air conditioning and necessary permits or approvals, is Customer's responsibility. Unless otherwise specified in the Cover Sheet and/or Customer Agreement Addendum, Customer operator training is available from CSA at its training rate in effect at the time of such training pursuant to Section 24.0. Customer must complete a CSA site survey, or equivalent CSA form, prior to installation of any Equipment or Software that will be connected to Customer's computer network In reliance on this information, CSA will either proceed with the installation, or advise Customer of potential problems that may limit functionality. If such survey has been completed and delivered to CSA, or if there are any changes to Customer's computer network or software, any attempts by CSA to remedy such problems will be at its standard charges then in effect, and CSA makes no representation or warranty that it can remedy such problems 7.0 PAYMENT AND TAXES. Payment of the purchase price and other charges is due thirty (30) days from the date invoiced. Service Charges are billed for full month periods. If Equipment is installed on other than the first of the month, then Service Charges shall be pro -rated from the install date to the end of the month; in addition, use charges shall be charged based on the meter read for the same period. Once per twelve month period, CSA may adjust pricing for Maintenance Service Charges, or any component thereof, supplies and other materials, by a maximum of fifteen percent (15%). Customer shall pay on demand a late fee equal to the lesser of 1.5% per month or the maximum rate permitted by law, on all overdue payments whether such payments are due prior to or after a notice of default. All payments shall be made at the office of CSA set forth above, or at any other place designated by CSA. Customer shall pay or reimburse CSA for all costs of collection (including reasonable attorneys' fees, litigation expenses and court costs) of any overdue amounts. Customer shall pay or reimburse CSA for all license fees, duties, privilege, sales, use, excise, stamp, and other similar taxes and charges now or hereafter imposed upon this transaction or relating to the ownership, sale, use or operation of Equipment (exclusive of franchise taxes or taxes based upon CSA's net income). 'allo13aV.1181NrV107 00%in0311 a. Any of the following shall constitute a default by Customer ("Default"): (i) failure to pay any amounts when due and such failure remains unremedied for ten (10) days from the due date; or, (ii) failure to comply with any provisions or perform any of its obligations arising under this Agreement or under any other documents or agreements relating to this Agreement, and such failure remains unremedied by Customer for a period of twenty (20) days. b. Upon Default, CSA may exercise any one or more of the following remedies (which remedies shall be cumulative): (i) terminate this Agreement and/or any applicable Schedule; (ii) declare all amounts due from Customer immediately due and payable in full; (iii) secure peaceable repossession and removal of the Products by CSA or its agent without judicial process and sell or lease at such place as CSA may deem advisable and CSA may be the purchaser at any such sale; (iv) require Customer to pay all expenses, including reasonable attorney fees and costs, in connection with the retaking, refurbishing, selling or the like of the Products; (v) exercise any other right or remedy available to it under the Uniform Commercial Code or any other applicable law or proceed by appropriate court action to enforce this Agreement or recover damages for breach thereof. To the extent permitted by applicable law, Customer waives all rights it may have to limit or modify any of CSA's rights and remedies under this Agreement, including but not limited to, any right to require CSA to dispose of the Products or otherwise mitigate its damages. 9.0 WARRANTY. CSA warrants that on completion of Installation, Equipment will be (i) in material conformance with the manufacturer's published specifications, (ii) qualified for CSA's standard maintenance services; (iii) free from material defects in workmanship and materials. All parts found to be defective during installation shall be repaired or replaced at the option of CSA. All parts replaced under this warranty shall become the property of CSA. If a warranty period is marked on the Cover Sheet, then warranty shall continue from Installation for the period set forth on the Cover Sheet. Customer's sole and exclusive remedy for breach of the foregoing warranty shall be to reject the Equipment and cancel the affected Equipment Schedule. In no event shall a breach of this warranty give rise to a claim for damages against CSA. CSA's obligation hereunder is limited to the repair or replacement (at CSA's option) of any Equipment, material or part which does not conform to this warranty. The warranty set forth herein applies only to New/Newly Manufactured, Factory Produced New Models, Remanufactured or Refurbished Equipment and is conditioned upon Customer giving prompt notice to CSA of any discovered defects. CSA is not obligated by this warranty to perform repairs or parts replacement for defects or damage resulting in whole or part from (i) alteration, relocation, repairs, or use of parts, software or services not provided by CSA or its authorized representative, (ii) accident, (iii) abuse, willful misconduct, or negligence; (iv) the acts or omissions of Customer. The repair or replacement of expendable items (for example photoconductor drums, fuser rollers, and inkjet print heads) are not covered by this warranty or Maintenance. The foregoing examples do not comprise a complete list and expendables may vary on different products and CSA shall maintain the complete fist of expendable items. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CSA provides no warranty for NOLI Products. For NOLI Products, Customer may receive a warranty directly from such product or software vendor. Customer Agreement Terms and Conditions Form#USA9500 rev 12/18/12 Page 125 of 408 10.0 LIMITATION OF LIABILITY. EXCEPTING AS TO A VIOLATION OF THE SOFTWARE LICENSE TERMS HEREOF BY CUSTOMER, NEITHER PARTY, NOR CSA'S SUPPLIERS, SHALL BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR LOSS OF USE, DATA, REVENUE OR PROFIT, OR FOR INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, LIQUIDATED, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE, OR FOR DAMAGES SUFFERED OR CLAIMED TO HAVE BEEN SUFFERED BY ANY THIRD PARTY INCLUDING CUSTOMERS OF CUSTOMER, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES. CSA'S MAXIMUM LIABILITY FOR ANY CLAIM FOR DAMAGES RELATING TO ITS PERFORMANCE OR NON- PERFORMANCE UNDER THIS AGREEMENT SHALL BE LIMITED: (A) WITH REGARD TO EQUIPMENT, TO THE PURCHASE PRICE OF THE EQUIPMENT; (B) WITH REGARD TO SOFTWARE, TO THE LICENSE FEE OF THE SOFTWARE; (C) WITH REGARD TO MAINTENANCE, TO AN AMOUNT EQUAL TO TWELVE (12) MONTHS OF MONTHLY MAINTENANCE CHARGES FOR THE RELATED EQUIPMENT, SOFTWARE OR SERVICES GIVING RISE TO SUCH DAMAGES; AND (D) WITH REGARD TO PROFESSIONAL SERVICES, TO THE AMOUNT PAID FOR THE PROFESSIONAL SERVICES GIVING RISE TO SUCH DAMAGES. 11.0 INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS. CSA agrees to defend Customer against and hold Customer harmless from, claims, costs (including reasonable and necessary attorney fees), damages, demands judgments and liabilities arising out the claims of third parties that a Product (but specifically excluding Third Party Software and NOLI Products) infringes such third party's United States patent, copyright or other intellectual property right and CSA agrees to pay the resulting costs, damages and attorneys' fees finally awarded, provided that Customer promptly notifies CSA in writing of the claim and fully cooperates with CSA and CSA has sole control of the defense and all related settlement negotiations. CSA's obligation under this Section is conditioned on Customer's agreement that if such Products (except Third Party Software or NOLI Products, or the use thereof), becomes, or in CSA's opinion is likely to become, the subject of such a claim, Customer shall permit CSA, at CSA's option and expense, either to procure the right for Customer to continue using the Products or to replace or modify the Products so that it becomes non -infringing, and if neither of the foregoing alternatives is available on terms which are reasonable in CSA's judgment, Customer shall return the Product upon the request of CSA. Upon such return, CSA shall refund the applicable Product purchase price paid by Customer, less depreciation deducted on a five year straight-line basis. CSA shall have no liability for any claim based upon or any damages attributable to: (i) the combination, operation or use of the Equipment or Software with equipment or software not supplied or authorized in writing by CSA; (ii) modification of the Equipment or Software; or (iii) Equipment or Software made pursuant to specifications furnished by Customer. The foregoing states the entire obligation and liability of CSA with respect to infringement of patents, copyrights or other intellectual property rights. Customer shall indemnify and hold CSA harmless from and against any liability and expense, including reasonable attorneys' fees incurred by CSA in connection with any claim that the Equipment or Software, or any part thereof, custom made pursuant to specifications furnished by Customer infringes any third party's patent, copyright or other intellectual property right. 12.0 CONFIDENTIALITY. Customer shall maintain the confidentiality of Confidential Information and shall not disclose any Confidential Information to any third party without first having obtained the written approval of CSA. Customer shall not sell, transfer, distribute, disclose or otherwise make available the Confidential Information to any third party and shall secure and protect it from disclosure and shall take such action as is necessary with its employees (including contractors and temporary help) and other persons permitted access to them to satisfy Customer's obligations hereunder. Neither party will use for any purpose, other than performing this Agreement, or disclose to any third party any trade secrets or non-public information of the other party or its affiliates including, but not limited to, marketing information and strategy, marketing models, product information, advertising and promotional copy, pricing information, financial information, customer lists, test results, and all other proprietary information, trade secrets and non-public information. The parties agree to restrict circulation of all of such information within their own organization, except to the extent necessary to perform its obligations, and in no case will any disclosure be made to any third party, unless such disclosure is requested or required in any judicial or administrative proceeding or otherwise required by law. Upon termination of this Agreement, Customer shall either (i) return all Confidential Information to CSA, including the Documentation, and all copies thereof, or (ii) at CSA sole option, certify to CSA in writing that the Confidential Information, including the Documentation, and all copies thereof, has been destroyed. CSA makes no representations as to the destruction of Customer data on returned Equipment that contain Customer data, and shall not otherwise be liable for failure to destroy such Customer data, or for the release of same. Any information on Equipment returned to CSA shall not be considered confidential or proprietary nor shall be subject to applicable agreement provisions pertaining to same. Security software/hardware on products that do not contain standard hard disk drive overwrite capability may be available for purchase. This will enable the Customer to determine the level of security required without intervention from CSA, and to complete erasing of data prior to pick-up. 13.0 NOTICES; CHANGES. Notices, requests or other communications shall be in writing and delivered by (a) United States first class mail, postage prepaid, and addressed to the other party at the address set forth on the face of this Agreement (or to such other address as such party shall have designated by proper notice), (b) personal delivery or (c) commercial overnight delivery service. Such notices will be deemed to have been given on the date when received or acceptance refused. Each party consents to service of process by certified mail at its address above (or such other address as it shall have designated by proper notice) in connection with any legal action brought by the other party. Customer authorizes CSA to fill in descriptive material in the Schedule (including serial numbers) and to correct any errors under the Agreement or Schedule. Upon reasonable notice, provided there is no material adverse effect on performance, CSA shall have the right to change design, colors, materials or specifications of Equipment when it deems necessary. Software License Terms 14.0 SOFTWARE. In some cases CSA makes available to customers licenses of application software with or without third party support contracts. Such software shall be set forth on the Cover Sheet or Customer Agreement Addendum (the "Listed Software"). Customer is not acquiring title to or any interest in any Listed Software other than a license to use the Listed Software in conjunction with the Equipment. Listed Software is specifically set forth on the Cover Sheet and/or Customer Agreement Addendum. Software embedded in the Equipment is not specifically set forth on the Cover Sheet or Customer Agreement Addendum. If Customer is licensing software that is authored by third parties (for example, Adobe or Onyx software), Customer will enter into a license agreement directly with the licensor of such software. This is typically done during installation and registration of the software. 15.0 FIRMWARE. The license for Firmware is incidental to the operation and use of the Equipment in which it is embedded and the use thereof is limited to the Equipment in which the Firmware is embedded. Firmware support is provided as part of Maintenance. Customer must pay for Maintenance to receive support for Firmware. If Customer discontinues paying for Maintenance, Customer will not receive support, modifications, updates or enhancements for Firmware, however, Customer is permitted to use the Firmware solely with the Product(s) and "as is" with no obligation on the part of CSA with respect to such use or maintenance. Product & Software Maintenance Terms The following Product and Software Maintenance Terms are only applicable if Maintenance is being purchased by Customer under this Agreement. Customer Agreement Terms and Conditions Form#USA9500 rev 12/18/12 Page 126 of 408 16.0 MAINTENANCE TERMS AND CONDITIONS. Pricing and term for Maintenance purchased by Customer is set forth in the Cover Sheet and/or Customer Agreement Addendum. The following general terms and provisions apply to any and all Maintenance purchased hereunder: a. CSA's standard preventive Maintenance services will be provided during CSA's standard business hours (Monday through Friday, 8:30 AM to 5:00 PM local time, excluding CSA recognized holidays). The length and frequency of periods of time required for preventive maintenance are determined by CSA. Preventive Maintenance means testing, adjusting, cleaning and replacement of components scheduled in accordance with the Equipment service specifications. Maintenance performed on weekends, holidays (if available) or between 5PM and 8:30AM (at Customer's request) shall be billed at CSA's holiday rates in effect at the time of such service unless otherwise set forth in the Cover Sheet and/or Customer Agreement Addendum. Corrective Maintenance coverage will be provided as is specifically set forth in the Cover Sheet and/or Customer Agreement Addendum. b. Engineering changes, including safety changes, shall be performed as deemed necessary by CSA. If CSA cannot perform a safety modification through no fault of CSA, or, if Customer refuses to permit installation of a safety change or removes any component deemed by CSA as integral to maintaining the safety of the Equipment, CSA may discontinue Maintenance for all Equipment until the problem as identified by CSA is remedied by Customer. C. CSA warrants that all material and parts furnished pursuant to its obligations to provide Maintenance hereunder will be in good working order at the time of Installation, and CSA's obligation is limited to the repair or replacement of any material or part which does not conform to this warranty. CSA is not responsible for repairing or replacing parts, nor shall CSA be liable for providing or failing to provide Maintenance, to the extent that such repair or replacement is due to Customer's acts or omissions. All parts replaced during maintenance shall become the property of CSA. Parts used by CSA may, in CSA's sole discretion, be used, reconditioned or remanufactured in accordance with manufacturer's specifications. d. Customer shall: (i) provide CSA full, free and safe access to the Equipment for performance of Maintenance by CSA; (ii) allow CSA to store reasonable quantities of maintenance equipment and/or parts on Customer's premises; (iii) provide a suitable environment for the Equipment in accordance with manufacturer's environmental requirements; (iv) if applicable, report to CSA by the last calendar day of each month, the monthly usage according to the meter reading in footage or images as applicable; and (v) promptly inform CSA of any Equipment malfunctions or operating problems. e. Customer shall NOT interfere with the proper operation of the meter. f. If Customer does not report to CSA the monthly usage as required by Section 16.0(d) CSA will estimate any excess Meter Charges and payment will be due from Customer based upon such estimate. The Maintenance term shall commence upon installation of the Equipment or, if already installed, upon certification by CSA, or, at the conclusion of the Warranty period, if any. Maintenance shall be automatically renewed for successive one (1) year terms at CSA's then -current charges and under the terms and conditions herein unless either party gives the other written notice of its intent not to renew at least thirty (30) days prior to the expiration of any initial or renewal term. CSA may also notify Customer ninety (90) days in advance of the time of renewal that Maintenance for specific Products covered under this Agreement will not be renewed. Customer may terminate Maintenance in any renewal term upon thirty (30) days prior written notice. If Customer provides notice of Intent to terminate during the first thirty (30) days of Maintenance in a renewal term, Customer shall be responsible for the charges for the period of coverage up until the effective date of termination. After the first thirty (30) days of coverage in any renewal term, Customer may provide notice to terminate Maintenance subject to a termination charge equal to the monthly charges for twelve (12) months or the period of Maintenance remaining in the renewal term, whichever is less. For prepaid agreements, CSA will refund or credit the pro rata price of the remaining term less the applicable termination charge. CSA shall not be obligated hereunder to provide Maintenance or warranty services determined by CSA to be necessary due to or caused by, in whole or part: (i) failure to continually provide a suitable environment in accordance with CSA's requirements; (ii) neglect, misuse, or use of the Equipment for purposes other than for which it was designed, or failure to operate the Equipment in accordance with CSA's or manufacturer's operating instructions or within manufacturer's specifications; (iii) accident, disaster, including effects of water, wind, lightning, or transportation; terrorism, vandalism or burglary; (iv) alteration of Equipment, including any deviation from Equipment design, unless previously authorized in writing by CSA; (v) attachment(s) to the Equipment, including connection of devices not supplied by CSA, which cause the Equipment to malfunction, unless previously authorized in writing by CSA; (vi) use of improper, or inadequate use of or failure to use, supplies; (vii) the use of forms not in compliance with CSA's paper specifications; (viii) maintenance or repair services performed by Customer or a third party without written authorization from CSA; or, (x) pre or post processing Equipment disconnected from the printing system to which it was originally installed unless previously authorized in writing by CSA. If in CSA's sole opinion, Equipment has been rendered unrepairable, then CSA may refuse to render services under this Agreement and may terminate this Agreement. In the event Customer removes a Product covered by Maintenance from the Installation Site, breaches this Agreement (or any other agreement it has with CSA), or, in the event CSA declares an end of life date with respect to a Product (provided CSA has given customer no less than ninety (90) days prior written notice of such end of fife date), CSA may withdraw such Product from maintenance coverage under this Agreement in which case Customer shall not be entitled to any refund for any payments made hereunder. 17.0 ORDERING OF SUPPLIES AND OTHER MATERIALS. Customer orders for supplies, Customer or field replaceable units, consumables, expendables or any other materials (a) must include a valid Customer purchase order number; (b) are shipped to Customer FOB, CSA's warehouse; and (c) are subject to a thirty percent (30%) restocking fee if accepted for return by CSA pursuant to its Material Return Authorization (MRA) procedure. If Customer requires a carrier other than CSA's preferred carrier(s), the order will be subject to a surcharge plus actual delivery charges. "Expedite/Emergency Orders" are any orders, regardless of the shipping method, that per Customer's request, must be shipped on the same day as ordered and such Expedite/Emergency Orders are subject to an expedite surcharge plus actual delivery charges. Non standard carrier and Expedite/Emergency Order surcharges are subject to change without notice. Claims for shortages, damages in transit or lost shipments, as well as invoice discrepancies must be made within thirty (30) days of receipt or invoice date (whichever is applicable). Customer agrees that it is purchasing only toner/developer and that the bottles are and will remain the property of CSA. Moreover, empty toner bottles for certain models are recycled by CSA in accordance with its environmentally friendly practices. Accordingly, Customer agrees to return to CSA those empty toner bottles for those certain models that are shipped to Customer with pre -paid return labels using such pre -paid labels. IN THE EVENT CSA DETERMINES IN ITS SOLE DISCRETION THAT CUSTOMER HAS ORDERED CONSUMABLES BEYOND ITS REASONABLE REQUIREMENTS BASED ON INDUSTRY ACCEPTED CLICK VOLUME MEASUREMENTS, CSA MAY, IN ITS SOLE DISCRETION, UPON REASONABLE DEMONSTRATION OF SUCH EXCESS USE TO CUSTOMER, BILL CUSTOMER THE LIST PRICE OF THE EXCESS CONSUMABLES. 18.0 MAINTENANCE SERVICE CHARGES. For the period covering the Effective Date to the date that monthly billing commences for the first Minimum Maintenance Payment set forth on the Cover Sheet ("Interim Period"), Customer shall pay CSA an amount equal to the Minimum Maintenance Payment divided by 30 and multiplied by the number of days in the Interim Period. Such amount shall be due and payable on the tenth day following the date that monthly billing commences. CSA shall invoice the Minimum Maintenance Payment in advance and shall invoice the Excess Meter Charges and other usage fees ("Maintenance Service Charges") periodically as indicated on the Cover Sheet If applicable, Customer provide meter readings by the last calendar day of each month the monthly usage by a CSA approved method. Should such meter readings not be provided in a timely fashion, Excess Meter Charges may be estimated by CSA. Except for wide format products, when supplies are included in the Minimum Maintenance Payment, Customer is entitled to the amount of toner which, on average, covers six percent (6%) of the media unless another coverage rate is specified in an applicable program or document. Notwithstanding any other provision herein and in addition to Maintenance Service charges, CSA may assess a fuel surcharge ("Fuel Surcharge") to offset increases in fuel expenses. The Equipment may contain software that allows CSA to access the Equipment remotely ("Remote Software"). In such cases, Customer authorizes CSA to use the Remote Software to (a) receive software updates and transmit use and service data accumulated by the Equipment over Customer's network by means of an HTTPS protocol and (b) store and analyze such data solely for CSA's own purposes related to servicing the Equipment and for product improvement. Customer hereby requests that CSA enable the Remote Software on the Equipment listed on the Cover Sheet and/or Customer Agreement Addendum. Customer Agreement Terms and Conditions Form#USA9500 rev 12/18/12 Page 127 of 408 19.0 EXCLUSIONS. The following are not within the scope of Maintenance Service or warranty: (i) provision and installation of optional retrofits; (ii) enhancement of any feature of the Product(s); (iii) services connected with Product(s) relocation; (iv) installation/removal of accessories, attachments, or other devices; (v) exterior painting or refinishing of Product(s); (vi) maintenance, installation, or removal of Product(s) or devices not provided by CSA; (vii) performance of normal operator functions as described in applicable CSA operator manual(s), including, but not limited to, loading of toner and/or paper; (viii) performance of services necessitated by accident, negligence, temperature, inadequate ventilation, power failure, improper electrical power, unauthorized alteration of Product(s), tampering, service by other than CSA, causes other than ordinary use, improper supplies or accessories, interconnect of Product(s) by electrical or electronic, or mechanical means, with incompatible Product(s), or failure to use CSA operating system software; (ix) performance of services necessitated by the introduction of a computer virus or other bug into the Product(s); (x) repair or replacement of Expendable Items fisted in Common Terms, Section 9 above; and (xi) performance of service necessitated by any modification, alteration or any other change whatsoever of Customer's computer system into which the Product(s) is integrated or otherwise connected. Maintenance provided by CSA to resolve an exclusion set forth under this paragraph shall be billed at CSA's (i) then published hourly service rates and minimum charges for service time, including travel and waiting time; (ii) parts and material prices then in effect; and (iii) charges for shipping and travel expenses. 20.0 CUSTOMER RESPONSIBILITIES. Customer agrees: (a) not to use paper, recycled paper, parts, photoconductors, toner, or other supplies which will cause a need for excessive service and (b) that replaced parts are the property of CSA. 21.0 SOFTWARE SUPPORT. The following terms are applicable only if Software Support is made available to Customer through Customer's purchase of "Incidents": (i) For certain Equipment, Software Support is provided on a "per Incident" basis. An "Incident" is defined as a question related to a specific issue with regard to the maintained Software that can be resolved telephonically by isolating its origin to a single cause. (ii) Incidents may be purchased individually or in quantities as in accordance with CSA's policy. Any such Incidents purchased by Customer are set forth on the Customer Agreement Addendum. An Incident will be considered "used" when CSA: (1) corrects the problem; (2) creates a reasonable work -around; (3) provides information in response to a Customer question; or (4) isolates the cause of the support issue to product provided by a party other than CSA. An Incident will not be considered "used" if the problem results from a defect in maintained Software for which no Software patch or workaround is then available from CSA. Issues that CSA determines cannot reasonably be resolved as Incidents may be escalated, with the consent of Customer, to a CSA Software Engineer or scheduled for on-site support at CSA's then -current consulting rates. CSA DOES NOT REPRESENT OR WARRANT THAT ALL SOFTWARE ISSUES CAN OR WILL BE RESOLVED AS INCIDENTS. Incidents purchases are non -transferable and non-refundable. Incidents not used by Customer shall expire at the end of the Maintenance Service Initial Term or the applicable Maintenance Service Renewal Term. At the start of each Maintenance Service Renewal Term, Customer shall receive the same number of Incidents purchased during the Maintenance Service Initial Term unless Customer purchases additional Incidents in accordance with CSA's then -current policy. (iii) CSA will provide Software Support through the use of Incidents to those Customer employees who have been issued an ID code providing email/telephone access to the CSA Software Support Center. Customer shall be responsible for controlling ID code access and for any unauthorized use of ID codes. ID codes are non -transferable. (iv) An overview of the total number of Incidents purchased, number used and number remaining available for use are available by contacting the Software Support Center with access provided using the Customer's ID code. (v) Software Support does not include: (1) training; (2) maintenance materials; (3) on-site support; (4) on-site implementation, installation or integration support; (5) re -installation of Software on computer equipment supplied by CSA after modification of such computer equipment by Customer (such as installation of memory, disk, interface boards, other software, etc.); (6) re -installation or re -initialization of Software after changes in a networking system or alteration of the parameters of Customer's current networking system; or (7) support or service required because of the upgrade of any software not licensed by CSA, such as operating system or utilities software, even if running on computer equipment supplied by CSA. CSA may make these services available at CSA's then -current consulting rates. CSA reserves the right to decline to perform such services. C. It is the responsibility of Customer to make and maintain adequate backups of data and configuration of Software. CSA shall not be liable for any losses (of data or productivity or of any other kind) resulting from rebuilding or reconfiguring Software to the original, factory configuration. Reloading, rebuilding and reconfiguring of server software may, at CSA's sole discretion, be chargeable at CSA's then published hourly Professional Services rates with minimum charges for service time, including travel and on-site wait time. 22.0 LICENSE FEE. The license for the various Software products listed herein is covered by a one time license fee for these products. In order to receive updates, fixes and enhancements (maintenance) for the Software products, Customer must continue to pay the maintenance fee which is identified on the face of the Customer Agreement next to the Software as "Service Charge". If Customer discontinues paying the maintenance fee, Customer will not receive maintenance, however, Customer is permitted to use the Software solely with the Product(s) and "as is" with no obligation on the part of CSA with respect to such use or maintenance, subject to the terms and conditions herein including those restricting the assignability of Software. With respect to third party software, CSA is a reseller of such software. Customer's license for such third party software is granted from the third party software provider and the terms of the license agreement that comes with that software must be referenced for updates, fixes and enhancements. Professional Services Terms 23.0 All Professional Services provided hereunder shall be set forth on the Customer Agreement Addendum. A statement of work ("Statement of Work") shall be signed by Customer prior to commencement of any Professional Services. The Statement of Work shall include the completion date (if applicable), total cost, a description of the work to be performed, acceptance criteria (if applicable) and maintenance charges (if applicable). All work product created under a Professional Services statement of work and all ideas, improvements, know-how, discoveries, and techniques including without limitation, computer programs, routines and code, developed in connection with Professional Services shall be owned by CSA. CSA grants to Customer a personal, non-exclusive, non -transferable royalty -free limited license to use such work product in the United States solely for internal use and solely in conjunction with the Equipment identified in the Customer Agreement Addendum. Educational Services Terms 24.0 All Educational Services shall be set forth on the Customer Agreement Addendum. The following terms are only applicable if Educational Services are purchased and apply to any and all Educational Services purchased hereunder: a. Educational Services are offered to Customer by CSA in the form of training sessions and are provided during CSA's standard business hours (Monday through Friday excluding CSA recognized holidays - 8:00 AM to 5:00 PM local time) unless Customer purchases after hour on-site training at additional cost. Training may take place at an CSA central training facility or at Customer's site as determined by CSA and Customer. Each training session is a one-time event or a one- time visit. Customers are charged separately for each training session. The composition and duration of each training session is determined solely at CSA's discretion. Customer Agreement Terms and Conditions Form#USA9500 rev 12/18/12 Page 128 of 408 b. Unless otherwise set forth in a writing signed by both parties, standard CSA published rates apply. CSA published rates are subject to change without notice. Customer is responsible for Customer's travel and lodging expenses. CSA will bill Customer, and Customer agrees to pay, CSA's reasonable travel, hotel and other reasonable expenses in connection with Customer on-site training sessions. C. Training materials for each training session are provided to Customer and/or Customer's registrants as set forth under CSA's then current policy. Such training materials are CSA Confidential Information. d. Unless otherwise agreed in writing, Educational Services must be completed within sixty (60) days after the date of Installation. In the event Educational Services are not completed within this time period and provided the delay is not due to CSA, Customer's Educational Services shall automatically terminate with no further obligation on the part of CSA, in which case Customer shall not be entitled to a refund. Monies paid towards a training session in connection with a specific model of Equipment or software is not transferrable to any other model of Equipment or software and may not be used by Customer to pay for any other Equipment, Maintenance, Professional Services or training offering. e. Cancellation. (i) CSA may cancel an on-site training session by providing notice to Customer no less than five (5) business days prior to the scheduled date of training. If a training session is cancelled by CSA and CSA and Customer do not agree to reschedule such session, upon request of Customer, CSA will refund the purchase price for the cancelled training session. CSA is not responsible for any expenses incurred by Customer or Customer's registrant in connection with such cancellation. (ii) CSA may reschedule a training session by providing notice to Customer no less than five (5) business days prior to the scheduled date of training. CSA is not responsible for any expenses incurred by Customer or Customer's registrant in connection with such rescheduling. (iii) Upon written notice to CSA received no less than five business days prior to the date of a scheduled training session, Customer may cancel such training session and receive a full refund of Customer's purchase price for such training session; or, Customer may reschedule such training session at a mutually agreeable time and place. If CSA and Customer do not agree on dates and location for a rescheduled session, upon request of Customer, CSA will refund the purchase price for the cancelled training session. In the event that CSA has incurred any non-refundable costs or expenses, such as travel, lodging and related expenses, in anticipation of such training session, Customer shall reimburse CSA for such costs and expenses. (iv) Monies received for a training session, the cancellation notice of which is received by CSA within five business days of the scheduled date for such training session, are not refundable. However, CSA may, within its sole discretion, apply such monies to a rescheduled training session. In any event, to the extent CSA has incurred any non-refundable costs or expenses, such as travel, lodging and related expenses, in anticipation of such training session, Customer shall reimburse CSA for such costs and expenses. (v) CSA is not obligated to refund any monies paid for registrants not attending any scheduled training session. Miscellaneous 25.0 This Agreement shall constitute the entire agreement between Customer and CSA with respect to product(s), services and software. Any variance from or additions to the terms and conditions of this Customer Agreement, or any amendments, schedules or addenda, in any purchase order or other written notification from Customer will be of no effect. This Agreement may not be assigned by Customer without the written consent of CSA and shall be binding upon and inure to the benefit of the parties hereto, their legal representatives, permitted successors and assigns. Customer may deliver the signed Agreement to CSA by facsimile or electronic transmission. By delivering the Customer signed Agreement to CSA by facsimile or electronic transmission, Customer intends and agrees that such facsimile or electronic transmission shall constitute an original of the Agreement, shall be legally binding on Customer as if the Agreement were manually signed by Customer and personally delivered to CSA, shall be the best evidence of the Customer's agreement and shall be admissible in any legal proceeding. CSA shall have no duty or obligation whatsoever to verify or inquire as to the validity, execution, signer's authority, or any other matter concerning the propriety of the facsimile or electronic transmission. No amendment hereunder shall be effective unless in writing, signed by the parties hereto and no waiver shall be effective unless in writing, signed by the party to be charged. Any provision of this Agreement which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions hereof. Except for obligations of payment, neither CSA nor Customer shall be liable for nonperformance caused by circumstances beyond their control, during the time such circumstances exist including, but not limited to, work stoppages, floods, and Acts of God. Customer agrees that CSA may use Customer's name and/or logo in connection with press releases, marketing literature, advertising and other public announcements or publicity materials concerning the Products acquired by Customer from CSA. CSA does not acquire any ownership interest in any Customer trademarks. CSA shall properly attribute ownership of Customer's trademarks to Customer. The captions in this Agreement are for convenience only and shall not define or limit any of the terms hereof. This Agreement is the result of negotiation between the parties and, accordingly, shall not be construed for or against either party regardless of which party drafted this Agreement or any portion thereof. THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CHOICE OF LAW RULES. Each party expressly and irrevocably agrees: (a) that any and all legal disputes whatsoever concerning this Customer Agreement and any amendments, schedules or addenda entered into hereunder, must be brought in the State or Federal courts located in New York, New York and that such courts shall have the exclusive jurisdiction and authority to resolve such disputes; (b) to submit to the jurisdiction of the State and Federal courts located in New York, New York, for purposes of resolving legal disputes concerning this Agreement and any Schedules entered into hereunder, and to waive any and all objections to personal jurisdiction and/or to venue; and (c) to waive any right to trial by jury in legal disputes concerning this Agreement and any amendments, schedules or addenda entered into hereunder. Customer Agreement Terms and Conditions Form#USA9500 rev 12/18/12 Page 129 of 408 Q,.00 � �A n Site SSu rvey Site Information Customer Name: CITY OF BOYNTON BEACH Department: Engineering Floor: first Room/Suite: Address: 100 E BOYNTON BEACH BLVD City: BOYNTON BEACH State: FL Zip: 33435.3838 Contact Name:(1) CAROLINALUQUE Phone: 561.742.6068 Ext: Contact Name: (2) Phone: Ext: Region: Branch: Orlando Service Zone: 1 Inspection Date: 1 211 412 01 5 Requested Install Date: 0 111 812 01 6 Priority Message: Other Comments: Delivery Requirements Is a loading dock available? ❑ Yes E No Delivery hours? to If yes, what is the dock height? 0 Is the customer site tractor/trailer accessible? ❑ Yes E No Please note: a tractor/trailer can be 48' to 53' in length plus the cab If not, list building entrance dimensions (list dimensions in inches) : Height: 80 Width: 72 Door Width: 35 Corridor Width: 52 Step Width: 0 # of steps (outside): 0 # of steps (inside): 0 Stair Crawler Required? ❑ Yes IZI No Number of floors: Q Will an elevator be used? ❑ Yes E No Elevator hours? to Elevator appointment required? ❑ Yes E No If yes, contact name & phone: Elevator Dimensions (in inches): Width: 0 Depth: 0 Load Capacity: 0 Elevator Door Opening (in inches): Height: 0 Width: 0 Customer to move fixed obstructions prior to installation unless special arrangements are made. ❑ Yes E No If "No", list specifics, contact and phone number: Will floor protections be required: ❑ Yes E No Has the floor condition been confirmed satisfactory by the customer? ❑ Yes E No Current Equipment REPLACEMENT EQUIPMENT Make: Model: Serial Number: To Be Removed By: Special Instructions: * If existing equipment is to be removed by CSA, additional labor will be invoiced at current published service rates. Page 130 of 408 Additional Key Operator(s) will be trained upon completion of install: (To be determined) Key Operator Is a power lift on the truck required: ❑ Yes ❑ No Will metal plates be required for some areas? ❑ Yes ❑ No Is a forklift available at the customer site? ❑ Yes ❑ No LWxH ❑ Yes ❑ No Are pallet jacks available at the customer site? Two short ones (4 feet) ❑ Yes ❑ No Plus one Long one (6 feet) if possible ❑ Yes ❑ No Delivery Notes: Due to the dimensions and weight of this machine, a stair crawler cannot be used. (LxWxH) 759 lbs Is a crane required for delivery of equipment? ❑ Yes ❑ No If a crane is required, is access sufficient (for example, a window)? ❑ Yes ❑ No Key Operator Training Key Operator(s) will be trained upon completion of install: (To be determined) Key Operator Name: LUQUE, CAROLINA Phone/Ext:(661)742.6066 Key Operator Name: Phone/Ext: Date and Time: Prime Shift Second Shift Third Shift LWxH 746 lbs CW500 Field Engineer: No. of Students: 7741 bsCW 700 Pallet QP3 Dimensions Shipping Weights (in lbs.) and Dimensions (crated in inches): Crated Uncrated Pallet QP5 829 lbs CW700 7741bsCW700 LWxH 746 lbs CW500 691lbsCW500 7741 bsCW 700 Pallet QP3 Dimensions 691lbsCW500 (LxWxH) 759 lbs ( 9 separate boxes of varying weight and size all contained on one pallet and banded as a unit) QP3 90 X 36 X 49 Pallet QP4 Dimensions (LxWxH) 110 lbs QP4 84 X 34 X 49 media drawers Page 131 of 408 Environmental Considerations/Co nd it ions It is important that the ColorWave 500/700 product be installed in a room with appropriate dimensions. (See the space diagram). Should the room not meet the minimum space requirements, the installation will have to be authorized by the Region Sales Manager and the Region Service Manager Operating temperature (T) and relative humidity (RH) Temperature Humidity °C °F % Recommended 15-30 59-86 30-80 with no condensation Room Volume and Ventilation: Printers = (15 m3/hr) Minimal room volume 530ft3 Minimal room ventilation 441 ft3/hour natural ventilation Page 132 of 408 Electrical Requirements Customer is responsible for providing the electrical requirements listed below prior to the machine installation. Electrical receptacles (as shown below) are required. ❑ 115 Volt ❑ 15 Amps for printer NEMA -5-15R for Printer 0 NEMA -5-15R for Take Up Unit Or CDT 0 0 0 NEMA -5-15R for Estefold 0 0 ❑ 3 Wire Ground ❑ 15 Amps for Take Up ❑ 15 Amps for CDT ❑ 15 Amps for folder ❑ Electrical Supply must be a dedicated line The electrical service will be available on: System Electrical Supply Component.. Take Up Unit 60 Hz 115 V +/- 10% Printer 60 Hz 115 V +/- 10% Folder 60 Hz 115 V +/- 10% CDT 60 Hz 115 V +/- 10% Power consumption Printer Take -Up Scanner Active : 45OW 50W 110W Standby/Off : 6W 20W Ready: 280W Page 132 of 408 Space A minimum floor space of 83"x 50" is required for ColorWave 500/700 printer The working area needs to be 122" x 89" for a printer only The working area needs to be 122" x 153" for a printer/ TUM / CDT/ Folder The ColorWave 500/700 should not be placed near a water boiler; humidifier or subject to ammonia fumes or direct sunlight. Do not place on a heavy wool or shag carpet. This could allow something to enter the printer and cause a fire Take Up Module Copy Delivery Tray 65.. 46" WEIGHT 112 LBS 25" 57" 78.5 lbs 32 " High 43 " High EsteRolder 4312 (for further details - separate Estefold Site Surveys are on the Intranet) 59 lbs 119 " 87.. LENGTH = 87 •• WIDTH = 119 " HEIGHT = 44 •' Page 133 of 408 Environmental Requirements ATTENTlON The Uoner Unit is the largest box and must be able to move from the truck (A) to the final install area (B). if the loner Unit can fit, then all the other comconents will fit. If the Uoner Unit cannot travel along the path from (A) to (B), because it won't fit in a hallway, stairway or on an elevator (can 'then be stood on end), t�h'e �,lnter cannot be installed. Standard Inst Non -Standard Installation (field installed) A "JO, Logistical Flow at Customer How is the logistical flow of the printer from truck to print room? How is the logistical flow of the printer from truck to print room? B) Can the system on a pallet be transported by a pallet truck from truck to A) Can the system roll from truck to print room? print room? If Yes =Standard Installation I f Yes = Standard InstallationIf No = Non -Standard Installation If No because the track is too long or there are small obstacles: Dimensions of the printing system are: continue with B) L 2270mm (89.5") If No = Non -Standard Installation W: 900mm (35.5") Dimensions of the printing system are: H : 1600mm (63") L 2100mm (83") W: 700mm (27.5") H: 1400mm (55") Power Plug and Ethernet Connection 0 Power plugs less than 13.12 ft (4 m) from to the printer. The position of the Power cable connection is: at the backside of the printer at the left-hand side. 0 Customer takes care of Ethernet cable. The position of the Ethernet connection is: at the backside of the printer at the right-hand side Available Toner Pearls CW 5001700 CW700 CW500 Black 1070036653 pck, Black Toner 1070038734 pck, Black Toner Magenta 1070036652 pck, Magenta Toner 1070038733 pck, Magenta Toner Cyan 1070036651 pck, Cyan Toner 1070038732 pck, Cyan Toner Yellow 1070036650 pck, Yellow Toner 1070038731 pck, Yellow Toner Page 134 of 408 Page 135 of 408 Field Service Information District Service Manager Service Area Office Address Telephone Number FAX Number Dressler, William Installation Technician Dressler, William Primary Technician Back-up Technician RIOS, WILSON O. Salesperson Phone: Sales Order Number: Is this a trial El If a Trial how long (weeks/months) Contract Approved El Delivery Information Carrier: Anticipated Delivery Date: Target Installation Date at Site: Target Installation Date On-line: Site Survey - Acceptance Signatures Customer Date CSA Date Service Manager Date Please return completed form to your Branch Administrator Notify your Region Administrator and Bus Ops if any changes occur prior to installation date. Return to: Canon Solutions America Attn: Business Operations 425 N. Martingale Rd., Schaumburg, Illinois 60173 LFS_Orders@csa.canon.com SASG_Orders@csa.canon.com Page 135 of 408 Oce Colorwave 500 Printer Only Lease for 629.70/month - Wide-Forinat-Inkjet.corn Page I of 10 Call uson816-886-3800 try Account Gift Certificates Wish Lists Sign in or Create an account Special Introductory Offer What's New!!! ***Limited Quantities' New Equipment Coupons & Offers Remanufactured Equipment Supplies Contact Us Like Be the first of your friends to like this. SKU: 0051 0001 Weight: 650.000 U1, Shipping: $500.00 (Fixed shipping cost) a= http://Wwwwide-forinat-inkjet.comloce-colorwave-500-printer-only-lease-for-629-70-mo... 12/""2 If 37 of 4 "gq I Oce Colorwave 500 Printer Only Lease for 629.70/month - Wide-Format-inkjet.com Page 2 of 10 EEE= M Product Description Price includes-, Top Delivery Tray, Two Roll, and Shipping Not Included In Price. For payments processed by credit card a credit card convenience fee may apply. All Lease Prices Are A 60 Month MFV. Includes all trade ins. Description: Color and Monochrome printer based on Oc6 CrystalPoint Technology, 42", Dual Memory Controller, 2 rolls, http://Www.wide-format-inkjet.comloce-colorwave-500-printer-only-lease-for-629-70-mo..- 110A�9�538 of 401 6.E. CONSENTAGENDA 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-013 -Approve resolution supporting improvements to the Chain of Lakes, the Ocean To Lake Trails Initiative and Development of a Boat Lift at the C51 Canal S155 Control Structure. EXPLANATION OF REQUEST: The City has been asked to pass a resolution of support encouraging improvements to the C51 canal by a connection to the ICW being referred to as the "Boat Lift". This project is a component of a larger project focused on eco -tourism and blueway trail development. The PBC League of Cities has incorporated this project into their 2015/2016 Presidential Initiative called the Ocean to Lake Trail Initiative. Such improvements have been identified by the Treasure Coast Regional Planning Council (TCRPC) report; The Intracoastal Waterway Plan for Palm Beach County: Charting a Course for the Future ('09 Charette) that was for the Palm Beach County Metropolitan Planning Organization (MPO) published in January 2009. To date Palm Beach County, Lake Clarks Shores, Haverhill and Greenacres have approved Resolutions supporting this project. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Improved eco -tourism and blueway initiatives throughout Palm Beach County will positively impact Boynton Beach. Our city is a marine/boating community and boaters will benefit from this project by having greater access to waterways throughout the County. FISCAL IMPACT. None ALTERNATIVES: Do not approve resolution of support. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 139 of 408 ATTACHMENTS: Type D Resolution REVIEWERS: Department Finance Finance Legal City Manager Description Resolution supporting C51 Canal Improvements Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 1/14/2016 - 1:57 IIIA 1/14/2016 - 2:00 IIIA 1/14/2016 - 2:54 IIIA 1/16/2016 - 8:57 AKA Page 140 of 408 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING AND ENCOURAGING EFFORTS BY THE TOWN OF LAKE CLARKE SHORES AND NEIGHBORING MUNICIPALITIES TO PROCEED WITH IMPROVEMENTS TO THE CHAIN OF LAKES, THE OCEAN TO TRAILS INITIATIVE AND DEVELOPMENT OF A BOAT LIFT AT THE C51 CANAL S155 CONTROL STRUCTURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the desire of our sister cities to develop recreational opportunities, encourage economic development, and create new j obs within their regional area while enhancing the environmental attributes of their communities should be commended; and WHEREAS, the Treasure Coast Regional Planning Council (TCRPC) created The Intracoastal Waterway Plan f or Palm Beach County: Charting a Course f or the Future ('09 Charrette) for the Palm Beach County Metropolitan Planning Organization (MPO) published in January 2009; and WHEREAS, the'09 Charrette participants identified six core public themes including increasing public access to the Intracoastal Waterway (ICW), protecting natural resources, expanding all forms of water based transportation, and promoting sustainable economics; and WHEREAS, the MPO requested the '09 Charrette be updated by TCRPC and their report was published in January 2015 which documented that a connection to the ICW at the S155 Control Structure on the C51 Canal would have significant economic and recreational benefit; and WHEREAS, the C51 Canal is connected to a 26 mile chain of freshwater lakes (Pine Lake, Lake Clarke, Lake Osborne, Lake Eden and Lake Ida) and navigable canals within our CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\FB1 C60FE-F395-4266-AC84-EDDF23CF27BA\Boynton Beach.2626.1.C51_Improvement_ =Reso.doc Page 141 of 408 36 37 38 39 40 41 42 43 44 45 46 47 48 49 regional area; and WHEREAS, the City of Boynton Beach supports improvements to the C51 Canal that would enhance the recreational uses of the ICW, C51 Canal, and the Chain of Lakes and provide for new economic opportunities and job creation; and WHEREAS, a connection between the ICW and the C51 Canal at the S155 Control Structure would provide for economic development, job creation and recreational enhancement. The connection has been referred to as the "Boat Lift" and is estimated to provide significant economic benefit to the regional area; and WHEREAS, the City of Boynton Beach recognizes a significant environmental resource in the canals and lakes that must be protected and improved; and WHEREAS, the Boat Lift provides for environmental enhancement to the waterways, safe and effective portage opportunities for non -motorized recreational watercraft, and small motorized boats to access the ICW; and WHEREAS, the current President of the Palm Beach County (PBC) League of Cities has 50 created an initiative called Ocean to Lake Trails focused on enhancement of the land and water 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 trail system from the Ocean to the Lake Okeechobee Trail System; and WHEREAS, the Ocean to Lake Trails Committee of the PBC League of Cities has identified the Boat Lift and the associated improvements to the ICW and the C-51 as vital to that Ocean to Lake Trails initiative; and WHEREAS, Palm Beach County Commissioner, Shelley Vana, hosted a regional visioning session, where redevelopment was the number one priority for this area of Palm Beach County. 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 of Boynton Beach fully acknowledges and supports the following: A. Recreational opportunities, economic development and environmental enhancement which occur within the partner municipalities are beneficial to the CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\FB1 C60FE-F395-4266-AC84-EDDF23CF27BA\Boynton Beach.2626.1.C51_Improvement_ =Reso.doc Page 142 of 408 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 regional area and ultimately to the City of Boynton Beach; and B. The efforts of the partner municipalities to proceed with improvements to the chain of lakes, the Ocean to Lake Trails initiative and development of a boat lift at the C51 canal and the S155 control structure. 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 — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) YES NO CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\FB1 C60FE-F395-4266-AC84-EDDF23CF27BA\Boynton Beach.2626.1.C51_Improvement_ =Reso.doc Page 143 of 408 6.F CONSENTAGENDA 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Approve addition of the following job classification in the City's Pay Plan: Summer Day Camp Counselor II. EXPLANATION OF REQUEST: The Recreation & Parks Department organizes several summer day camps annually serving approximately 350 children ages 5 — 12 years old. The camps typically run for eight weeks, from 7:30 A.M. — 5:30 P.M., June through August. Under the supervision of full time staff, seasonal summer day camp counselors are hired to manage and supervise the children and related activities. Activities include indoor and outdoor games, arts and crafts, field trips, etc... We maintain a ratio of one counselor for every 25 children at each day camp site. On a more frequent basis the Department is accommodating children with special needs who want to participate in the summer day camp program. The special needs can vary quite broadly. Some may require very minor accommodations. Others may require more extensive modifications, including providing staff with the appropriate qualifications and/or experience working with children with special needs. Each need for a modification is handled on a case by case basis given the vast range of disabilities that may affect a child. In some cases, the accommodation may require that the ratio of child per counselor is reduced at a particular camp, and on occasion it may even require a one on one companion. It is difficult to predict how many children that enroll in our summer camps will have special needs. However, we know that we can anticipate at least 2-3. This past summer we had six children with special needs. Historically, unless a summer camp counselor already happens to be a Certified Exceptional Student Education Teacher, and/or possess the ability to plan activities for children with disabilities to successfully assimilate the children into a day camp setting, the Department had very little time to find and recruit qualified applicants. Consequently, in an effort to manage this challenge in a more effective, efficient and proactive manner, the Department requests to add the Summer Day Camp Counselor II position. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The addition of this classification will allow the Recreation & Parks Department to recruit and select qualified staff to provide services to children with special needs who are enrolled in one of the summer day camps. FISCAL IMPACT. Budgeted Proposed Grade: 7 ($13.91/hour - $20.87/hour) This position will be funded in the Department's Program Revenue Fund (172-2712). ALTERNATIVES: Do not approve the newjob classification. STRATEGIC PLAN: Page 144 of 408 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Addendum Job Classification - Summer Day Camp Counselor II REVIEWERS: Department Reviewer Action Date Human Resources Oldbury, Julie Approved 12/22/2015 - 2:51 PPA Finance Howard, Tim Approved 12/22/2015 - 3:39 PPA City Manager Howard, Tim Approved 12/23/2015 - 10:05 AKA Page 145 of 408 Class Code: Proposed Gracie: 7 FLSA: N CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: Summer Day Camp Counselor II Draft PURPOSE OF CLASSIFICATION The purpose of this seasonal job classification is to plan and supervise recreation activities during summer day camp programs. Position is responsible for assisting children with disabilities to assimilate into the day camp setting. ESSENTIAL FUNCTIONS The following duties and functions, as outlined herein, are intended to be representative of the type of tasks performed within this classification. They are not listed in any order of importance. The omission of specific statements of the duties or functions does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Plans activities and assists children with socialization, mobility and the activities of daily living. • Participates in pre -staff training. Becomes familiar with and implements camp policies, procedures, and philosophy as stated in the Summer Camp Staff Manual, and learns the role of the camp counselor. • Organizes and sets up programs and activities; submits activity plans; gathers materials, supplies and equipment for use in implementing plans; and supervises recreation activities. • Resolves differences that may arise during play. • Assists at all camp check -ins and check-outs with assigned roles and responsibilities. • Participates in all activities with campers. Encourages and facilitates camper's participation in all activities by implementing appropriate strategies, such as visual structure and reinforcements. • Implements behavior management strategies according to the guidelines stated in the Summer Camp Staff Manual. Discusses these strategies with supervisory staff. • Greets the public; answers questions about registered participants from parents; meets parents/care providers daily or as needed and discusses the camper's week with them; Discusses with parents of children with disabilities if the agreed upon accommodation(s) are being successfully met. • Assures that all of the camper's belongings are returned to guardians. • Opens and closes the recreation building; checks buildings; reports any maintenance problems; and maintains order in the building. Page 1 Created: December 2015 Page 146 of 408 City of Boynton Beach, Florida • Summer Day Camp Counselor II • Complies with established policies, procedures, and regulations of the Recreation and Parks Department, the City, and Department of HRS. • Maintains the cleanliness of all areas of camp utilized by campers and camp staff. Completes assigned cleaning jobs. Stores supplies appropriately after use. • Performs all other duties as assigned. KNOWLEDGE, SKILLS, AND ABILITIES • Knowledge and understanding of how to lead and/or participate in all aspects of camp activities. • Knowledge of behavior -management techniques. • Knowledge of safety regulations and emergency procedures. • Knowledge of the child developmental process and needs of youth. • Knowledge of group management techniques. • Knowledge of the limited abilities of youth as it relates to their ability to participate in recreational activities. • Knowledge of environmental factors that could have a negative affect on campers, such as bad weather, water hazards, poison ivy and wild animals. • Ability to plan activities for children with disabilities to successfully assimilate the children into the day camp setting and program. • Ability to accurately follow the requested accommodation to ensure the needs of children with disabilities are met. • Ability to plan and coordinate weekly schedule of activities for youth. • Ability to interpret and appropriately apply health and safety regulations to those youth participating in the day camp. • Ability to observe each camper daily and check for cuts, bruises, skin rashes, or other indications of illness or injury. • Ability to help the campers with daily self -maintenance tasks. • Ability to serve as a positive role model for campers, including attitude, punctuality, treating others with respect, sportsmanship, etc. • Ability to establish and maintain effective working relationships with camp participants, parents of campers, other camp employees and volunteers. • Ability to offer guidance in-group and camp -wide activities. • Ability to work as part of a team to ensure that all camper's needs are met in a fair and appropriate way. • Ability to observe camper behavior, assess its appropriateness, and initiate necessary action. • Ability to remain calm and act resourcefully in an emergency and in stressful situations. • Ability to recognize and respond to opportunities for group problem solving. • Ability to communicate effectively, both verbally and in writing. • Ability to keep camp supplies and equipment in good shape • Ability to work with a variety of age and skill levels. MINIMUM QUALIFICATIONS Page 2 Created: December 2015 Page 147 of 408 City of Boynton Beach, Florida • Summer Day Camp Counselor II High school diploma or equivalent; six (6) months previous experience in interacting with children in a summer or other day camp or child care setting. Experience must include prior interaction with children with disabilities. Must possess valid CPR/First Aid Certification prior to date of hire and must maintain the certification thereafter. PREFERRED QUALIFICATIONS Possession of Florida State Department of Health Forty (40) hour Childcare Certification. Certified Exceptional Student Education (ESE) Teacher. Valid driver's license. PHYSICAL AND SENSORY REQUIREMENTS / ENVIRONMENTAL FACTORS Physical Ability: Tasks require the ability to exert very moderate physical effort in light work, typically involving some combination of stooping, kneeling, crouching and crawling, and which may involve some lifting, carrying, pushing and/or pulling of objects and materials of heavy weight (75 pounds). Sensory Requirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed indoors and outdoors, with possible exposure to adverse environmental conditions. When working outdoors, may be exposed to a variety of environmental conditions, including high temperatures, humidity, moisture, odors, insects, and distracting noises. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act (42 U.S. C. 12101 et. seq.), the City of Boynton Beach will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. The physical demands described are representative of those that must be met by an employee to successfully perform the essential functions of this job. A review of this position has excluded the marginal functions of the position that are incidental to the performance of fundamental job duties. All duties and responsibilities are essential job functions and requirements are subject to possible modifications to reasonably accommodate individuals with disabilities. To perform this job successfully, the incumbent(s) will possess the abilities and aptitudes to perform each duty proficiently. Some requirements may exclude individuals who pose a direct threat of significant risk to the health or safety of themselves or others. Requirements are representative of the minimum level of knowledge, skills, and ability. Page 3 Created: December 2015 Page 148 of 408 6.G. CONSENTAGENDA 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Approve the reclassification of the Grants Coordinator job classification to Grants and ADA Coordinator in the City's Pay Plan. EXPLANATION OF REQUEST. The incumbent in the Grants Coordinator position has been assigned the additional responsibilities of being the City's ADA Coordinator. In addition to the incumbent's regular duties, new responsibilities include highly responsible administrative work in coordinating various programs regarding the implementation of and compliance with the Americans with Disabilities Act (ADA). This work also involves monitoring the General Fund and Capital Improvement budget to ensure that funds are used to provide physical and programmatic accessibility throughout the City and to provide technical background and assistance in the resolution of complaints concerning compliance with the ADA. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The job classification of Grants and ADA Coordinator more accurately reflects the incumbent's job specifications and is in a pay grade commensurate with the responsibilities of the position and internal/external pay equity. FISCAL IMPACT. Budgeted The Grants Coordinator position is a Grade 18 ($45,820 - $68,731). The Grants and ADA Coordinator position is recommended to be a Grade 23 ($53,490 - $80,237). The budget will be adjusted to account for an increase of $1,718.29 to the incumbent's current annualized base salary. ALTERNATIVES: Do not approve the reclassification of the job classification. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 149 of 408 ATTACHMENTS: Type D Addendum REVIEWERS: Department Human Resources Finance City Manager Description Job Classification - Grants and ADA Coordinator Reviewer Action Oldbury, Julie Approved Howard, Tim Approved Howard, Tim Approved Date 12/22/2015 - 2:50 PPA 12/22/2015 - 4:01 PPA 12/23/2015 - 10:05 AKA Page 150 of 408 Class Code: Proposed Grade: 23 FLSA: E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: GRANTS AND ADA COORDINATOR Draft PURPOSE OF CLASSIFICATION The purpose of this classification is to conduct research, develop grant proposals, and assist/lead special projects/teams in support of planning/development projects for park/recreational facilities and City-wide projects, and to perform related administrative work. This is highly responsible administrative work in coordinating the various programs in City Government designed to accomplish the implementation of and compliance with the Americans with Disabilities Act (ADA). Work involves providing technical background and assistance to ensure that City programs and facilities are in compliance with ADA; to monitor the General Fund and Capital Improvement Program budget to ensure that funds are used to provide physical and programmatic accessibility throughout the City; and to provide technical background and assistance in the resolution of complaints concerning compliance with ADA. ESSENTIAL FUNCTIONS The following duties and functions, as outlined herein, are intended to be representative of the type of tasks performed within this classification. They are not listed in any order of importance. The omission of specific statements of the duties or functions does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Interprets, explains, applies, and ensures compliance with guidelines of granting agents and with all applicable laws, ordinances, rules, regulations, standards, policies, and procedures; initiates any actions necessary to correct deviations. Consults with Recreation & Parks Director, City management, or other officials to review operations/activities, review/resolve problems, receive advice/direction, and provide recommendations. Coordinates grant -related activities with other departments, grant team members, government agencies, outside agencies, or others as needed; performs networking with professionals in other jurisdictions; reports availability of grant funding opportunities to appropriate departments/individuals; meets with grant team members, department managers, and City management to discuss funding issues and projects; coordinates correspondence and meetings. Researches various sources to identify grant funding opportunities and to determine availability of grant funding for parks/recreational facilities, City departments, or special projects; reviews Internet web sites, newsletters, publications, and other sources; researches trends in various subject areas; researches available funding programs; secures and reviews funding source documents; researches specific goals, purposes, conditions, restrictions, and qualifications for eligibility of each grant opportunity; gathers cost estimates to develop proposed budgets; Page 1 Created: December, 2015 Page 151 of 408 City of Boynton Beach, Florida • Grants and ADA Coordinator evaluates potential success of funding opportunities; determines or recommends whether to apply for various grant programs. Determines project qualifications for funding; follows up on project details. Develops funding applications to secure funding for various departmental and/or City projects/programs; prepares grant letters, grant applications, and related documentation in prescribed format as directed by grant outlines or instructions; develops grant proposals for new projects, ongoing projects, or emergency needs; takes photographs in support of grant proposals; prepares necessary documentation to substantiate funding requests. Presents grant proposals to appropriate agencies, committees, officials, and/or other individuals; develops persuasive, compelling proposals designed to win competitions against proposals from other agencies; provides oral presentations, prospectus letters, or other information to influence decision -makers and to raise awareness and support for funding of a proposal; monitors status of grant applications and reports status to management. Assists in coordinating long4short-term planning/developing activities for park/recreational facilities; assists in developing long/short range goals, plans, and objectives for the department. Serves as Grants Team Leader for the City; leads or assists with special projects/teams as needed; coordinates meetings and prepares meeting agendas; provides technical expertise to Grant Team members; provides resources and training support for City staff; acts as a resource for other staff on projects. Assists with special projects as needed. Prepares or completes various forms, reports, correspondence, grant proposals, progress reports, budgets, grant reports, annual reports, agendas, press releases, location maps, presentations, charts, tables, graphs, or other documents. Receives various forms, reports, correspondence, invoices, payment requests, funding notices, site plans, maps, permit applications, press releases, professional publications, online resources, comprehensive plan, codes, ordinances, policies, procedures, manuals, directories, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a motor vehicle, personal computer, general office equipment, digital camera, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, database, presentation, e-mail, Internet, or other computer programs. Provides information and assistance to the public related to department/grant programs, procedures, forms, or other issues; responds to questions and complaints; researches problems and initiates problem resolution; provides verbal and written information to the media. Communicates with director, employees, other departments, City officials, grant team members, funding agencies, community organizations, the public, the media, outside agencies, and other individuals as needed to coordinate work activities, review status of work, exchange information, resolve problems, or give/receive advice/direction. Page 2 Created: December, 2015 Page 152 of 408 City of Boynton Beach, Florida • Grants and ADA Coordinator Attends meetings, serves on committees, and makes presentations as needed; attends community meetings; prepares information and makes presentations for public meetings. Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new trends and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and training sessions as appropriate. Works in partnership with Human Resources to educate new employees through the orientation and on -boarding process. Trains department ADA Liaisons and employees in ADA responsibilities and sensitivity to disability issues. Creatively engages employees throughout the year to educate and provide resources for City- wide use to better accommodate individuals with disabilities. Attends meetings, webinars, workshops, and legislative sessions, network, and research publications on a regular basis to remain current on changes, best practices, and legal settlements regarding compliance with ADA. Creates and/or revises City-wide policies for ADA compliance. Conducts and assists with the implementation of self-evaluation plans for each department making necessary modifications to department practices for ADA compliance. This includes communication (website, printed documents, meetings, events, etc.), emergency management, Recreation & Parks programs and services, City facilities (removal of architectural barriers), public right-of-way accessibility, Library programs and services, public safety (Police and Fire), public records, polling locations, transportation, and utilities (customer service and public outreach). Establishes and implements a Reasonable Accommodation Policy & Procedure. Creates and maintains a log of accommodation requests. Establishes and implements an ADA complaint process for the prompt and equitable resolution of ADA grievances. Oversees the investigation of complaints of discriminatory practices and recommends affirmative responses. Works with individuals with a broad range of disabilities including those who are blind or have low vision, deaf or hard of hearing, with mobility limitations or developmental delays. Serves as a liaison between disability advocacy groups and the City. Establishes and maintains contacts with organizations who serve individuals with disabilities; including but not limited to Deaf Services, Lighthouse for the Blind, Palm Beach County Therapeutic Recreation, The ARC, Coalition for Independent Living Options, Inc., Gold Coast Down Syndrome, Florida Atlantic University Center for Autism & Related Disabilities (CARD). Works cooperatively with the local agencies and people with disabilities. Establishes a network of members of the community that have disabilities as resources and to provide activities and emergency events planning for individuals with disabilities. Engages the network to assist in Page 3 Created: December, 2015 Page 153 of 408 City of Boynton Beach, Florida • Grants and ADA Coordinator preparing a special needs registry for emergency events, to assist with event planning for accessibility, assist at the event, provide post event evaluation, and make recommendations for the future. Incorporates accommodations as requested and performs a post evaluation of accommodation requests to determine how they were addressed by the City. Uses feedback to update ADA transition plan. Utilizes internal and external resources to meet the needs of the community and to comply with the ADA. Compiles, reviews, and prepares reports for the City Commission and the public on progress towards full compliance with the Americans with Disabilities Act. Analyzes accommodation situations and develops alternatives to meet individual accommodation needs. Works closely with Project Managers to monitor all construction or modifications of City buildings and facilities to ensure compliance with ADA. Ensures all facility lease and vendor agreements meet ADA accessibility requirements. Oversees the implementation of the City's Transition Plan; provides status reports to City Commission on barriers removed, reasonable modifications made, and grievances resolved. Establishes employee ADA liaisons from each department to communicate policy changes, disseminate information, receive feedback on implementation of the ADA, test assistive devices and services, etc. Establishes and oversees funding for ADA implementation. Researches and identifies funding opportunities to educate employees and the public and to accommodate individuals with disabilities; i.e. sign language interpreters, assistive listening devices, alternative formats for documents, signage, programs, etc. Prepares and manages a budget for ADA related items and services. Monitors ADA project spending in the General Fund and Capital Improvement Program to ensure expenditures are appropriate. ADDITIONAL FUNCTIONS Performs general/clerical tasks, which may include answering telephone calls, greeting visitors, making copies, sending/receiving faxes, ordering supplies, filing documentation, or processing incoming/outgoing mail. Provides assistance to other employees or departments as needed; provides backup coverage in absence of other departmental staff members. Performs other related duties as required. KNOWLEDGE, SKILLS AND ABILITIES Knowledge of and the ability to Interpret, explain, apply, and ensure compliance with guidelines of granting agents Page 4 Created: December, 2015 Page 154 of 408 City of Boynton Beach, Florida • Grants and ADA Coordinator Thorough knowledge of all applicable laws, ordinances, rules, regulations, standards, policies, and procedures involving grants. Familiarity with the City's operations, structure, activities, and employees. Knowledge of Titles I through V of the Americans with Disabilities Act (ADA), and other laws addressing the rights of people with disabilities, such as Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. Knowledge of federal and state regulations on civil rights, equal opportunity and affirmative action for protected classes. Knowledge of current social and economic problems related to persons with disabilities. Knowledge of various alternative formats and technologies that enable people with disabilities to communicate, participate, and perform tasks, including but not limited to Florida Relay Service, Video Relay Interpreters, Assistive Listening Devices, Closed Captioning, Braille, and Large Print. Experience working with individuals with a broad range of disabilities including people who are blind, have low vision, are deaf or hard of hearing, have mobility limitations or developmental delays. Knowledge of current trends and developments in equal opportunity relative to employment, and public accommodation. Skills and training in negotiation and mediation. Ability to ensure grant contract compliance, the timeliness of grant reporting requirements, and to effectively track expenditures to ensure spending does not exceed grant funding. Ability to interpret and apply federal regulations on ADA. Ability to prepare and implement ADA informational and compliance programs. Ability to provide guidance and consultation to administrators and departments on ADA regulations, policies and current trends. Ability to successfully mediate and conciliate complaints related to ADA involving requests for accommodations from the public and/or employees in a reasonable and timely manner. Ability to present ideas effectively, orally and in writing. Ability to establish and maintain effective working relationships with all groups, community organizations, advocacy groups, and government officials. Page 5 Created: December, 2015 Page 155 of 408 City of Boynton Beach, Florida • Grants and ADA Coordinator MINIMUM QUALIFICATIONS Bachelor's degree from an accredited college or university ; supplemented by three (3) years previous experience that includes public grant administration/coordination, grant writing, organizational planning, research, proposal development, budgeting, project management, , and oversight of the City's compliance with Title II of the Americans with Disabilities Act. Must possess and maintain a valid Florida driver's license. PREFERRED QUALIFICATIONS ADA Coordinator Certification PHYSICAL AND SENSORY REQUIREMENTS / ENVIRONMENTAL FACTORS Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, and visual cues or signals. Tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as humidity, rain, temperature extremes, or traffic hazards. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act (42 U.S. C. 12101 et. seq.), the City of Boynton Beach will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. The physical demands described are representative of those that must be met by an employee to successfully perform the essential functions of this job. A review of this position has excluded the marginal functions of the position that are incidental to the performance of fundamental job duties. All duties and responsibilities are essential job functions and requirements are subject to possible modifications to reasonably accommodate individuals with disabilities. To perform this job successfully, the incumbent(s) will possess the abilities and aptitudes to perform each duty proficiently. Some requirements may exclude individuals who pose a direct threat of significant risk to the health or safety of themselves or others. Requirements are representative of the minimum level of knowledge, skills, and ability. Page 6 Created: December, 2015 Page 156 of 408 6. H. CONSENTAGENDA 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Approve utilizing the Florida Sheriff's Association, Florida Association of Counties and Florida Fire Chief's Association bid, bid #15-13-0904, Specification #37 & #45 with Kelly Tractor Co. for the purchase of a Caterpillar Mini Hydraulic Excavator for $45,350 and a Caterpillar Vibratory Asphalt Compactor for $37,988. EXPLANATION OF REQUEST: FSA Contract Period: 10/11/15-9/30/16 Boynton Beach Utilities (Utilities) oversees and maintains over 160 wastewater lift stations which help to convey wastewater collected from homes and businesses within the City of Boynton Beach's (City) service area to the South Central Regional Wastewater Treatment Plant (SCRWWTP) for processing and treatment. Situations such as leaks, breaks, or pump station failures require the need for specialized equipment to restore system continuity. Two such pieces of equipment used frequently are a mini excavator and an asphalt compactor. Currently, this equipment has to be rented at additional cost to Utilities and causes delays in facilitating customer repairs. The Florida Sheriff's Contract complied with Public Contract Bid requirements satisfying the City's requirements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Both pieces of equipment are utilized across the various Utility departments. The mini excavator is used in limited access areas such as backyards to repair rear easement gravity sewer mains, sanitary services and other projects that cannot be completed with a full size excavator. The asphalt compactor is used to perform street repairs directly related to sewer and distribution mainline repairs. FISCAL IMPACT. Budgeted Funds are included the approved FY15/16 budget in the following capital outlay accounts: Mini hydraulic excavator 401-2810-536-64-02 Vibratory asphalt compactor 401-2815-536-64-02 ALTERNATIVES: The City could continue renting this equipment or issue a bid for purchasing the required equipment. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 157 of 408 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum D Quotes D Attachment D Other REVIEWERS: Department Reviewer Utilities Groff, Colin Utilities Groff, Colin Assistant City Manager Pyle, Judith Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Mini Excavator Quote Vibratory Dual Drum Roller Quote Spec 45 -Vibrator Roller Price list FSA Contract 15-13-0904 Action Date Approved 12/22/2015 - 12:25 PPA Approved 12/22/2015 - 12:26 PPA Approved 1/6/2016 - 3:54 PPA Approved 1/13/2016 - 2:17 PPA Approved 111412016 - 11:03 AKA Approved 1/14/2016 - 12:51 PPA Page 158 of 408 991Y EIMCM 3 Kelly Tremor Co. S.A.g,hn Iro1L*gar M3 December 16, 2015 rev1216 City of Boynton Beach Attn: Patrick Franklin F: Caterpillar 303.5E2 C.K Mini Hydraulic Excavator Quoted per Florida Sheriff's Association Contract 15-13-0904, Specification #37 Base Unit per Contract BASE MACHINE UNIT PRICE (2016 Caterpillar 303E C) $35,037 303.5E CR UPGRADE TO BASE 303.5E COMPACT RADIUS MINI $ 3,136 EXCAVATOR W/FREIGHT & PREP ONLY Non -Specified Options Dow 460-7665 303.5E2 CR EXCAVATOR DCA1 BASE 460-7668 303.5E2 CR EXCAVATOR DCA2 $7,550 452-5617 303.5E2 HYDRAULIC EXCAVATOR Sol F stelarload Wa, 456-2641 CAB, WITH AIR CONDITIONER €7; 0 E 397-7122 CONTROL, PATTERN CHANGER WmPakn Beach, F1 P49 379-6419 COOLING, HIGH AMBIENT F1 MMora, F1 3M 452-5629 ENGINE ARR 054W-8131 397-7081 LINES, BOOM OEh403 -36 397-7061 LINES, STICK FAX = 4.77-M4 434-2092 BELT, SEAT, 3" RETRACTABLE FAX9 6 -11x11 428-7870 MIRROR, CAB, RIGHT W $40; 419-4783 ALARM, TRAVEL 463-9121 STICK PACKAGE, LONG W/O 2ND AUX 436-2486 TRACK, RUBBER BELT 463-8030 BLADE, STRAIGHT, WELD -ON 379-4727 DRAIN, ECOLOGY 454-0241 CABLE, GROUND 428-7874 SEAT, FABRIC, HIGH BACK 437-3272 RADIO READY 421-8926 SERIALIZED TECHNICAL MEDIA KIT 464-9902 BUCKET, 18" 2.9 CFT, HD $1,014 464-9904 BUCKET, 24" 4.2 CFT, HD $1,139 154-2638 PINS, BUCKET 128 LIST PRICE NON-SPECIFIED OPTIONS $9,831 LESS 27% CONTRACT DISCOUNT qq xqq NON-SPRCIFIED OPTIONS PRICE $7,177 TOTAL CONTRACT PRICE $45,350 .Includes one year/unlimited hours, Full -Machine, Standard Warranty Thank you for consideration of our product. Quote is valid for sixty days. Greg Bennett Governmental Sales 305-592-5374ext 1121 Cell 786-229-7037 Fax 305-477-2024 _b nnct-1 kiCcll ct-oncDrax 1:::.ra.ctsr..cor �vcrn...tal. Miami Dow Wed Palm Beach plet R Myers odande 8255 Nw 59 St ;? t Re € d 54W Okeediobee M Sol F stelarload Wa, an Pm6pm ;wa 9651 Kally TrddwC, €7; 0 E Rami, Ft 33166 [asp, FL33314 WmPakn Beach, F1 P49 asicisbt FL 33440 NjPW fL 341Cv F1 MMora, F1 3M a ]w;? 054W-8131 NIM -I231 03190-8177 OEh403 -36 X303 M9233 (7)5D FAX = 4.77-M4 €AX f;: X1151= i4 FAX (5611 W40 FAX9 6 -11x11 FAX RR 40 77 10 W j7M 6113- 76 W $40; Page 159 of 408 TOR : The Cats 303.5E2 CR Mini Hydraulic Excavator delivers efficient performance, durability and versatility in a compact design to help you work in a variety of applications. The 303.5E2 CR features the following: QUALITY The durable hoods and frame and the compact radius design of the 303.5E2 let you work comfortably and confidently in confined areas. The redesigned operator environment includes a high quality suspension seat, easy to adjust armrests and 100% pilot controls which offer consistent and long-lasting controllability. EFFICIENCY • High Definition Hydraulic System provides a load sensing and flow sharing capability leading to operational precision, efficient performance and greater controllability. • Auto Idle allows the machine to automatically operate at a consistent lower engine speed when the hydraulics are not engaged for three seconds. VERSATILITY e Broad range of Cat Work Tools make the Cat Mini Excavator a versatile machine able to meet the requirements of any job site. a Over 200 degrees of bucket rotation provides greater material retention during truck loading and easier flat wall digging without having to reposition the machine. Specifications r� Engine Model* Cat C1.7 Rated Not Power @ Z200 rpm ISO 9249/EEC 80/1269 17.5 kW 23.5 hp Gross Power ISO 14396 18.5 kW 24.8 hp Bore 87 mm 3.4 in Stroke 92.4 mm 3.6 in Displacement 1.7 L 104 ins *Meets U.S. EPA Tier 4 Final emission standards. Cat' 303m5E2 CR MINI HYDRAULIC EXCAVATOR WITH SWING BOOM PERFORMANCE • SmartTechnology offers superior performance by collecting inputfrom the machine and delivering the required power as output. This allows integration of a more fuel efficient engine while maintaining machine performance. • COMPASS Control Panel is a standard feature that allows the operator to easily adjust auxiliary flows to achieve the optimal work tool performance, activate auto idle for improved fuel efficiency and utilize the security system to ensure protection of valuable assets with the simple touch of a button. SERVICEABILITY Convenient service and maintenance requirements include ease of access to daily check points, 500 hour engine oil and filter change period, 500 hour grease interval on front implement, S•O.S5m oil sampling valve and overall long term durability. SAFETY All Cat Mini Excavators from 3.5 metric tons to 8 metric tons are ROPS, TOPS and Top Guard Level 1 certified and include the Cat Interlock (hydraulic lockout) System, a certified accumulator which allows for auxiliary pressure to be released, and a travel alarm. All of these safety features are standard on the E2 model lineup. Weight — Canopy, Standard Stick 3675 kg 8,103 Ib Weight—Canopy, Long Stick 3706 kg 8,172 lb Weight— Cab, Standard Stick 3860 kg 8,511 Ib Weight— Cab, Long Stick 3891 kg 8,580 lb *Weight includes counterweight, rubber tracks, bucket operator, full fuel and auxiliary lines. Page 160 of 408 303.5E2 CR Hydraulic1Swing Boom Machine Swing Speed 70 rpm Boom Swing — Left (without stop)* 800 Boom Swing — Left (with stop)* 550 Boom Swing — Right 500 *Automatic swing brake, spring applied, hydraulic release Travel Speed — High 4.6 km/h 2.9 mph Travel Speed — Low 3.2 km/h 2.0 mph Maximum Traction Force — High Speed 17.0 kN 3,822 Ib Maximum Traction Force — Low Speed 31.1 kN 6,992 Ib Ground Pressure — Canopy 30.1 kPa 4.4 psi Ground Pressure —Cab 31.7 kPa 4.6 psi Gradeability (maximum) 30° Me x+�tifIIi Cooling System 5.5 L 1.5 gal Engine Oil 7.0 L 1.8 gal Fuel Tank 46 L 12.2 gal Hydraulic Tank 42.3 L 11.2 gal Hydraulic System 65 L 17.2 gal Hydraulic System Load Sensing Hydraulics with Variable Displacement Piston Pump Pump Flow at 2,200 rpm 100 L/min 26.4 gaVmin Operating Pressure—Equipment 245 bar 3,553 psi Operating Pressure—Travel 245 bar 3,533 psi Operating Pressure—Swing 216 bar 3,132 psi Auxiliary Circuit— Primary P.. (186 bar/2,734 psi) 70 L/min 18.5 gaVmin Auxiliary Circuit— Secondary (174 bar/2,524 psi) 25 L/min 6.6 gaVmin Digging Force —Stick (standard) 18.9 kN 4,249 lb Digging Force —Stick (long) 16.9 kN 3,799 Ib Digging Force — Bucket 33.0 kN 7,419 Ib Width 1780 mm 70.0 in Height 325 mm 72.8 in Dig Depth 470 mm 18.5 in Lift Height 400 mm 15.7 in Dynamic Operator Sound Pressure Level (ISO 6396,2098) 81 dB(A) Exterior Sound Power Level (ISO 6395:20081* 95 dB(A) *European Union Directive "2000/14/EC." Certification — Cab and Canopy Roll Over Protective Structure (BOPS) ISO 12117-2 Tip Over Protective Structure (TOPS) ISO 12117 Top Guard ISO 10262 (Level 1) Operating ific ti s Stick Length — Standard 1260 mm 50 in Stick Length — Long 1560 mm 61 in Machine Overhang 0 mm 0 in Undercarriage Number of Carrier Rollers 7 Number of Track Rollers 4 Track Roller Type Center Flange Li a cities at Ground Level* *The above loads are in compliance with hydraulic excavator lift capacity rating standard ISO 10567:2007 and they do not exceed 87% of hydraulic lifting capacity or 75% of tipping capacity. The excavator bucket weight is not included on this chart. Lifting capacities are for long stick. Page 161 of 408 Blade Down P.. Blade Up 9 P 013) y *The above loads are in compliance with hydraulic excavator lift capacity rating standard ISO 10567:2007 and they do not exceed 87% of hydraulic lifting capacity or 75% of tipping capacity. The excavator bucket weight is not included on this chart. Lifting capacities are for long stick. Page 161 of 408 30305E2 CR Hydraulic1, Boo4 I ;' 7 9 a I ......................................................................................................................................................275 Standard Stick ting Stick _ upmt. u55m 1...1...3 i6� 3963 �5m 925 in -h____�, ...I. ...6iic.auV_____________________________________________________............................................................................._23 0............................................' 9....'n........................................._7 ..ra..............................................7...n........................ ..m � 66V--�V050 a'-i-m��Ground-------(.��eu_____________________—............................................................................ ��3�.. �........................................... 065................................,........5320...... .........................................? mrn ..'�....................... .... �.B�..IL.......R............................................................................................................................................................................._.a �6CiG6...........................................� ....�..........................................�� V�6B'8........................................ .......��...................... 214 -Ma .5 Maximum Dig Height________________________ 4920 mm 194 Vn 5030 rnm 198 in a muum Dump Warau�c�__________________________________________ � 3520 mm 1'39 in 3649 mm 943 in _.........._ m V6.. Reach _______mm.__________________________________________m...........................................................................'3 ...................................................�.........................................._7139 mrn 6..6 .......................................... 86 _.�......................... ._.. a'V.wu5____________________________________________________ Swi 796 mm 35 in 595 mm 35 in W-T-------- ---- ----------------- V --- i----- n�C9Vi➢........................................._1...i.nr................................................ G fC605..........................................1 iu5......................... 17 mMaximum SVade Depth_____________�. _... 463 mm 19 in 476 mm 19 Vn ......... COV50 �IaV � -- �Bp$56P1� 63 8---------------------------------- 11 tion .....................................................14 C... �.......................................... ..g�...........................................� 56 5� VPV..ti..........................................��........�......................... _... / . hi ingm i h ..........._.._______________________________________ 12 2500 mm 98 in 2505 mm 99 Vn 93 Swing eauingftght_____________________________________________�. 565 m6n 2 065 555 mrn 2 in 14 ...... 1�0"1��.-0"�0 ------Length------------------------------------------------................................................................... go ..�05�IP0........................................... ^�_.�..........................................�2 ..�.................................................'�......................._ -.-1 Shippin Length �_......_____________________________________15 4735 055m 186 in 4799 rnm 939 in 16 ......................Boom Swing Right 755 mm 36 in 755 rnm 36 in 97 5cm5 Swung TefT....... . 670 rnm 26 in 679 mm 26 in —.------------------------------------------------------------------------ _...„ .— 0-,9 V ---------------------- ..-- ----------- --------- ....-------------------------------------------------------1780 1 i -n -------------------------- ------------------------�7 '0-m0-m5------------------._-- ..._ 1an---------------- ----------.--- ................................................................................................................................................... 9 i ��aG�: VC S _ 1780m 70 in Q 055m-----------_...._ 7 VCO K Page 162 of 408 303.5E2 CH Mini Hydraulic, Excavator with Swing Boom i STANDARD EQUIPMENT ENGINE so Cat C1.7 Tier 4 Final diesel engine in Automatic engine idle • Automatic engine shut-off • Automatic two speed travel • Fuel and water separator HYDRAULIC SYSTEM o 1 -way and 2 -way (combined function) is Accumulator is Automatic swing parking brake • Auxiliary hydraulic lines • Adjustable auxiliary relief • Auxiliary line quick disconnects • Cat interlock system: hydraulic lockout • Continuous auxiliary flow • Ecology drain • Hydraulic oil cooler se High definition hydraulics Load sensing/flow sharing OPERATOR ENVIRONMENT • 100% pilot control ergonomic joysticks • Adjustable armrests ■ COMPASS: complete, operation, maintenance, performance and security system • Multiple languages • Cup holder • Hydraulic neutral lockout bar • Literature holder • Site reference system: leveling in Tool storage area Travel control pedals with hand levers Washable floor mat UNDERCARRIAGE • Dozer blade with floatfunction • Track, rubber belt, 300 mm (12 in) width • Tie down eyes on track frame • Towing eye on base frame c r;1.[Fl 200 degree bucket rotation iiii Certified lifting eye on bucket linkage a, Front shovel capable Thumb ready stick ELECTRICAL is 12 volt electrical system 60 ampere alternator is 650 CCA maintenance free battery in Fuse box • Ignition key start/stop switch • Slow blow fuse is Warning horn LIGHTS AND MIRRORS ■ Boom light with time delay capability SAFETYAND SECUR17Y Anti -theft system (compass) Caterpillar Corporate "One Key" System Door locks Lockable fuel cap # Retractable seat belt Roll Over Protective Structure (BOPS) (ISO 12117-2) Tip Over Protective Structure (TOPS) (ISO 12117) in Top guard — ISO 10262 (Level 1) Travel alarm ENGINE UNDERCARRIAGE LIGHTS AND MIRRORS ■ Engine block heater ■ Power angle blade in Light, cab with time delay capability ■ Track, double grouser (steel), 300 mm (12 in) in Mirror, canopy right HYDRAULIC SYSTEM Mirror, canopy left ■ Quick coupler lines FRONT LINKAGE in Mirror, cab rear it Boom lowering check valve •- Stick lowering check valve • Secondary auxiliary hydraulic lines OPERATOR ENVIRONMENT in Cab: *Air conditioning • Heat • High back suspension seat • Interior light • Interlocking front window system • Radio • Windshield wiper • Quick coupler: manual or hydraulic • Thumb is Buckets Full range of performance matched work tools • Auger, hammer, ripper SAFETYSECURITY or Battery disconnect Beacon socket in Front wire mesh guard in Rearview camera Vandal guard TECHNOLOGY Product Linkrm For more complete information on Cat products, dealer services, and industry solutions. visit us an the web at www.eatcom To 2015 Caterpillar All rights reserved Materials and specifications are subjectto charge without notice Featured machines in photos may include additional equipment, Sec your Cat dealer for available options.: CAT, CATERPILLAR. SAFETY! CA? COM, the r iesoa nye logos, "Caterpillar Yellow' and the "Power Edge" trade dress, as waif as corporate and product identity used harsh., are trademarks of Caterpillar and may rot be used without per:rissior AEH127349-01 (12-2015) Replaces AEHf17349 Chi Page 163 of 408 VEHICLE: 303E CR DEALER- Ring Power Corporation Ring Power Corporation Ring Power Corporation Kelly Tractor ZONE: Western Northern Central Southern BASE PRICE- $35,788.00 $35,788.00 $35,788.00 $35,037.00 Western & Northern Order Code Delete Options & Central Southern 448-5781 1 Optional equipment - specify ($15,130.00)' ($15,693.00) 300.91) 2 DOWNGRADE TO CAT 300,9D, BASEMACH)NE ONLY MODEL DOWNGRADE TO BASE 300.9D MINI EXCAVATOR W1FREjGHT&PREP ONLY 2 448-8451 Optional equipment - specify 301.4C 2 DOWNGRADE TO CAT 301.7D, BASE MACHINE ONLY MODEL DOWNGRADE TO BASE 301.4C MINI EXCAVATOR WIFREIGHT&PREP ONLY 2 447-7971 Optional equipment - specify 301.71) 2 DOWNGRADE TO CAT 302.7D, BASE MACHINE ONLY MODEL DOWNGRADE TO BASE 301.7D MINI EXCAVATOR WIFREIGHT& PREP ONLY 301.71) CR Optional equipment - specify 2 MODEL DOWNGRADE TO BASE 301,77) COMPACT RADIUS MINI EXCA VA TOR WIFREIGHT& PREP ONLY 2 302AD 2 Optional equipment - specify MODEL DOWNGRADE TOBASE 302.4DMINI EXCAVATOR WIFREIGHT&PREP ONLY 2 302.71)2 Optional equipment - specify MODEL DOWNGRADE TOBASE 302 7DM17V1EXC,4VAT0R WIFREIGHT&pREp ONLY 2 Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Order Code Add Options 460-7676 1 Optional equipment - specify 303.5E CR UPGRADE TO CAT 303.5E2, BASEMACREVE ONLY 2 MODEL UPGRADE TO BASE 303.5E COMPACT RADIUS MINI EXCAVATOR WITREIGHT &PREP ONLY 2 460-84101 Optional equipment - specify UPGRADE TO CAT 304E2, BASE MACHINE ONLY 1 460-8429 1 Optional equipment - specify UPGRADE TO CAT 303E2, BASE MACHINE ONLY 1 460-84481 Optional equipment - specify UPGRADE TO CAT 305.5E2, BASE MACHINE ONLY 457-3293 1 Optional equipment - specify VPGT..4DE TO 303E CFMs 457-32941 Optional equipment - specify UPGRADE TO 3 03E CR -44WMA 3 PA CXA G 457-3295 1 Optional equipment - specif� UPGRADE TO 303E CR MA 4 PA CKA Bid Award Announcement 15-13-0904 ($7,475.00)1 ($10,849.00)' ($2,372,00)1 ($7,985.00)' ($7,966.00)2 ($3,599.()0)2 ($2,749.00)' Western & Northern & Central Southern $3,559.00' $3,136.002' $7,939.00' $14,717.001 $20,273.00' $456.001 $3,431.001 $3,886,001 1066 Page 164 of 408 VA-alf—I to) a X V-1XIAUtR" 303E CR Ring Power Corporation Western $35,788.00 3945013 Optional equipment - specify KIT, HYDRAULIC QC LINES, 3 TON 309-1917 Optional equipment - specify TRUMB, HYDRAULIC 1 282-9315 Optional equipment - specify BUCKET -DC, 55" 1 Ring Power Corporation Northern $35,788.00 Ring Power Corporation Central $35,788.00 220-7137 Optional equipment - specify A 19B AUGER, DRIVE UNIT 1 153-4084 Optional equipment - specify BIT, AUGER 9, 1 Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Temporary tag Transfer existing registration (must provide tag number) New state tag (specify state, county, city, sheriff, etc.) 3yr/3000hr Maintenance Plan — specify PM PKG 2 Preventative Maintenance for 3yrs or 3000Ars at 500hr or 6 month intervals. PKG includes 6 total PM's. 2 5yr/5000hr Maintenance Plan — specify PM PKG 2 Preventative Maintenance for 5yrs or 5000hrs at 500Ar or 6 month intervals. PKG includes 10 total PM's. 2 Warranty - specify 3 YEAR .'3000 HOUR PREMIER ESC WARRANTY Warranty - specify 3 YEAR / 3000 HOUR POWERTRAIN W4 RRANTY 27% Discount percentage off manufacturer'scurrent published retail prices for non-specified 1 Discount options and any optional models bid. This discount ONLY APPLIES to a downgrade or 27% an upgrade to the model listed in this specification. It does not apply to a completely 2 Discount different make or model. (The discount is applied to the manufacturer's current published retail prices.) 2 7YS DISCO UNT ON ALL CA T M7X[ HYDRA ULIC EXCA VA TORS, 16% DISCO UNT ON ALL CAT WORK TOOLS. 1 27% Discount on Cal models 300.9-308 mini hydraulic excavators. 16% Discount on all Cat Work Tools 2 Bid Award Announcement 15-13-0904 Kelly Tractor Southern $35,037.00 $922.00' $1,564.00' $782.001 $2,062.00' $331.00' $6,140.002 $11,078.002 $1,591-00, $606.001 1 2 1067 Page 165 of 408 HYDRAULIC MINI EXCAVATOR - 71105 LB. OPERATING WEIGHT SPECIFICATION #37 The Caterpillar 303E CR purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone, ZONE: Western Northern Central Southern BASE PRICE: $35,788.00 $35,788.00 $35,788.00 $35,037,00 While the Florida Sheriffs Association and Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. 0 Page 166 of 408 Kelly Tractor Co. S -mg tte "dolry Slnce 1933 ktsco€�G3kelIy[,o( pr.Cw, wvs. keilytra m, cmtt January 13, 2016 City of Boynton Beach Attn: Patrick Franklin rev0113A REF: Vibratory Dual Drum Roller Quote Quoted as per Florida Sheriff's Association Contract #15-13-0904 Specification #45 One new Caterpillar CB22B Vibratory Asphalt Compactor BASE UNIT PER CONTRACT 2016 CATERPILLAR CB24B $ 41,495 ADD OPTION CB22B DOWNGRADE TO BASE CB22B S - 4,72_"` TOTAL SPECIFIED OPTIONS $ 36,772 A NON-SPECIFIED OPTIONS 364-2263 CB22B UTILITY COMPACTOR BASE 364-2272 ENGINE T4F N/C 364-2373 PROPEL, STANDARD N/C 364-2282 HYDRAULIC OIL, STANDARD N/C 432-6053 LIGHTING PACKAGE, STANDARD N/C 364-2277 SEAT, WITH SAFETY SWITCH BASE 376-7962 BELT, SEAT, 2" SUSPENSION N/C 364-2279 SUPPORT, SLIDING FOR SEAT BASE 364-2287 ROPS, FOLDABLE BASE 432-8451 TRAVEL CONTROL, COVER GP N/C 364-2297 SWITCH, BATTERY DISCONNECT BASE 457-9152 MATS, COCOA BASE 364-2288 CANOPY, FOLDABLE $1,600 OF -4542 INSTRUCTIONS, ENGLISH N/C 364-2281 INSTRUCTIONS, NORTH AMERICAN N/C NON-SPECIFIED OPTIONS $1,600 LESS 24% CONTRACT DISCOUNT S - 84 TOTAL NON-SPECIFIED OPTIONS $1,216 B CONTRACT TOTAL $ 37,988 A+B QUOTE TOTAL $ 37,988 FOB City of Boynton Beach Thank you for your consideration of our product. Quote is valid for sixty days. Greg Bennett Governmental Sales Office 305-592-5374 ext 1121 Fax 305-477-2024 Cell 786-229-7037 ege bennett@kellytractor.com www.kellytractor.com/Governmental 1 Miami Davie West Palm Beach Clewiston Naples P't. Myers Orlando {Cranes Only) €12% NW W Si 28401 Reese Rd ,A61 Okeec t.,h[a: 81W ctlj F- SoWA3 j.'¢1 Hvaye. 3630 @rosjpwi Ave 9651 Kelly Ir,ietn¢ €lr =.7300 F colonial IN Pv unai FI..331G6 Davi (? a i(? R. 33314 Wes Palm L'eacll,11.:3341 Cit- ision I 133440 Nalale� 34 3a1(Pi Ft M". rs, R 1,3905 Orlando FL 328320 3U515J? 3:i1 (TA) 5131 ', 1 156/1683,12;11 319€33 "rt 7/ 2_0 40.,J_3636 (233)693-9233 14071568 80T, I AX 4. °al ,77-M24 W (9Al :)81 { Tei E I AX 15(71 ti1-D-4591 1 M ¢843t 902 1 OW FAX (73a91403.7`i10 Fr,X til:itll 6W -138M bV r4011 5684)01 Page 167 of 408 CATERPILLAR MACHINE PRICE LIST CB22B VIBRATORY ASPHALT COMPACTOR MINERBIO, ITALY Standard Equipment: POWERTRA I N Hydrostatic transmission Service and parking brakes ELECTRICAL Engine start switch with auto preheat Backup alarm and warning horn 65 -ampere alternator 12 -volt electric starting Maintenance free 70 AH battery, 880 amp Light roading and working OPERATOR ENV I RON M ENT Gauges: LCD display with fuel level, hour meter and engine coolant temperature Operator warning system indicators Parking brake engaged Hydraulic oil temperature high Engine coolant temperature high Electrical system voltage low Engine oil pressure low Vibration activated Engine preheat Lockable, vandalism guard for instrument panel. Travel control, single lever Seat with : Fore and aft adjustment Draining capability Retractable seat belt 50.8mm/2inch Central and Side handrail for easy and safe access to the machine Steering wheel spinner 12 -volt power points w;J97=:71►[el 1►[--]Iov-14I7►<;� CB2 2 B -M B Ship Weight LIST PRICE lbs AT PO ENTRY DRUMS Two smooth drums : 1000mm/39.4 inch wide x 720mm/28.3 inch diameter Selection of front drum, rear drum or both drum vibration Pressurized drum watering system with Continuous or intermittent modes Water tank with low level sensor 2 x retractable, spring-loaded, self adjusting scrapers per drum OTHER STANDARD EQUIPMENT Locking engine enclosure Sight gauge for hyd. tank level Air restriction indicator Fuel tank 4 transport tie -down and 4 lift points 6 Quick connect hyd. pressure test ports + 1 SOS port Caterpillar O-ring face -seals couplings Product link ready For an explanation of Lane Strategy and ordering instructions please refer to the sales model "GENERAL" posted in the web price list. You must order your machine from Lane 1 or Lane 3. The lane you order from will determine capability to order ill additional attachments and service level you wreceive. LANE 1 DISTRIBUTION CENTER ARRANGEMENTS Supersedes 02JAN2015 Subject to change without notice Caterpillar: Confidential Green Printed in USA US -A D U. S. DOLLAR CURRENCY Effective 02JAN2016 C132213 -MB -001 Page 168 of 408 CATERPILLAR MACHINE PRICE LIST CB2 213—MB CB22B VIBRATORY ASPHALT COMPACTOR Ship Weight LIST PRICE MINERBIO, ITALY lbs AT PO ENTRY If no reference number is listed, a Lane 1 configuration is not available. 473-3883 CB22B VIB COMP HRC DCA1 ............................ 11,120 $45,120 Available from Baltimore and Galveston PDC Includes: 364-2263 CB22B VIBRATORY COMPACTOR 364-2272 ENGINE T4F 364-2273 PROPEL, STANDARD 364-2282 HYDRAULIC OIL, STANDARD 432-6053 LIGHTING PACKAGE, STANDARD 364-2277 SEAT, WITH SAFETY SWITCH 376-7962 BELT, SEAT, 2" SUSPENSION 364-2278 SUPPORT, FIXED FOR SEAT 364-2287 ROPS, FOLDABLE 432-8451 TRAVEL CONTROL, COVER GP 364-2297 SWITCH, BATTERY DISCONNECT LANE 3 FACTORY ARRANGEMENTS If no reference number is listed, a Lane 3 Configuration is not available 364-2263 CB22B VIBRATORY COMPACTOR .......................... 3,730 $42,740 Double drum vibratory compactor with 1000mm / 39inch drum width. OG -0459 CB22B MISC MATL.........................................0 NC Use this as the top level reference number when ordering miscellaneous material for CB22B without ordering a machine. NOTE: We recommend and strongly encourage any Misc. Matl. Order ship loose item, less than $500 list price, be ordered through parts distribution system. Supersedes 02JAN2015 Subject to change without notice Effective 02JAN2016 Caterpillar: Confidential Green Printed in USA US -A D U. S. DOLLAR CURRENCY C132213 -MB -002 Page 169 of 408 CATERPILLAR MACHINE PRICE LIST CB2 213—MB REF LANE 1 USE NO. Ship Weight lbs LIST PRICE AT PO ENTRY LANE 1 AM -NORTH MANDATORY ATTACHMENTS LANE SELECT/ON YOU MUST SELECT THIS REFERENCE WHEN ORDERING FROM THE PDC OP -9001 LANE1 ORDER ........................................ 0 NC Select this option when ordering from the PDC. INSTRUCTIONS P OF -4542 INSTRUCTIONS, ENGLISH ................................ 0 NC P OF -4548 INSTRUCTIONS, FRENCH .................................0 NC PACKING OG -0044 ROLL ON -ROLL OFF ..................................... 0 NC To be used for single order OF -5108 PACKING, CONTAINER ...................................0 NC To be used for multiple orders Supersedes 02JAN2015 Subject to change without notice Effective 02JAN2016 Caterpillar: Confidential Green Printed in USA US -A D U. S. DOLLAR CURRENCY C132213 -MB -003 Page 170 of 408 CATERPILLAR MACHINE PRICE LIST CB2 2 B -M B REF LANE 2 / 3 MANDATORY Ship Weight LIST PRICE USE NO. lbs AT PO ENTRY LANE SELECTION OP -9003 LANE 3 ORDER ........................................ 0 NOTE IMPORTANT Order must include one selection from every chapter of the Mandatory Attachments section. POWERTRA I N ENG/NE-LANE 3 ONLY L 364-2272 ENGINET4F........................................ 750 Meets U.S. EPA Tier 4 Final emissions, turbo -charged. ONLY FOR USE WITH: LANE 3 ONLY HYDRAULICS PROPEL SELECT/ON-LANE 3 ONLY L 364-2273 PROPEL, STANDARD ..................................243 ONLY FOR USE WITH: LANE 3 ONLY L 364-2274 CONTROL, TRACTION .................................273 Flow divider between front and rear drum for improved traction & minimized drum spinning ONLY FOR USE WITH: LANE 3 ONLY OIL SELECT/ON-LANE 3 ONLY L 364-2282 HYDRAULIC OIL, STANDARD ............................ 119 Cat standard hydraulic oil. ONLY FOR USE WITH: LANE 3 ONLY L 364-2283 OIL, BIO HYDR, FACTORY FILLED ........................ 126 This Hydraulic Environmental Ester Synthetic oil is recommended for hydraulic system when environmental compliance is required or desired. Factory filled. ONLY FOR USE WITH: LANE 3 ONLY ELECTRICAL LIGHTING L 432-6053 L 450-0906 LIGHTING PACKAGE, STANDARD .......................... 11 Standard halogen lighting package. ONLY FOR USE WITH: LANE 3 ONLY LIGHTING PACKAGE, LED ............................... 13 LED lighting package consisting of two front LED headlights, one single LED rear working light, and two LED rear braking/turn signal lights. ONLY FOR USE WITH: LANE 3 ONLY NC NC NC $1,680 NC $760 NC $655 Supersedes 02JAN2015 Subject to change without notice Effective 02JAN2016 Caterpillar: Confidential Green Printed in USA US -A D U. S. DOLLAR CURRENCY C132213 -MB -004 Page 171 of 408 CATERPILLAR MACHINE PRICE LIST CB2 213—MB REF LANE 2 / 3 MANDATORY Ship Weight LIST PRICE USE NO. lbs AT PO ENTRY OPERATOR ENV I RON M ENT SEA T SELECT/ON-LANE 3 ONLY L 361-5825 SEAT, NON SUSPENSION ............................... 20 NC ONLY FOR USE WITH: LANE 3 ONLY CANNOT BE USED WITH: EC COUNTRIES L 364-2277 SEAT, WITH SAFETY SWITCH ........................... 24 $540 Includes suspension seat with adjustable,foldable seat back and seat switch MANDATORY IN EC COUNTRIES ONLY FOR USE WITH: LANE 3 ONLY SEA T BELT SQECT/ON-LANE 3 ONLY L 376-7962 BELT, SEAT, 2" SUSPENSION ............................. 0 NC ONLY FOR USE WITH: LANE 3 ONLY L 276-6019 BELT, SEAT, 3" SUSPENSION ............................. 0 $143 ONLY FOR USE WITH: LANE 3 ONLY SEA T SUFFORT SELECT/ON-LA NE 3 ONLY L 364-2278 SUPPORT, FIXED FOR SEAT .............................. 44 NC ONLY FOR USE WITH: LANE 3 ONLY P 364-2279 SUPPORT, SLIDING FOR SEAT ............................ 49 $730 Allows ability to slide seat laterally to either side of the machine providing better visibility on both drum edges ONLY FOR USE WITH: LANE 3 ONLY ROES SELECT/ON-LANE 3 ONLY P 364-2292 ROPS, FIXED ........................................119 $1,450 ONLY FOR USE WITH: LANE 3 ONLY P 364-2287 ROPS,FOLDABLE.................................... 121 $1,735 0 $1,735 NI ONLY FOR USE WITH: LANE 3 ONLY P 364-2286 NO ROPS............................................ 0 NC ONLY FOR USE WITH: LANE 3 ONLY CANNOT BE USED WITH: EC COUNTRIES TECHNOLOGY PRODUCTS TRA VEL CONTROL -LANE 3 ONLY L 432-8451 TRAVEL CONTROL, COVER GP .............................0 NC This package includes a left side cover. ONLY FOR USE WITH: LANE 3 ONLY L 361-5794 TRAVEL CONTROL, DUAL LEVER .......................... 11 $835 0 $835 NI This package includes the left lever for speed control, on the left hand console Supersedes 02JAN2015 Subject to change without notice Effective 02JAN2016 Caterpillar: Confidential Green Printed in USA US -A D U. S. DOLLAR CURRENCY C132213 -MB -005 Page 172 of 408 CATERPILLAR MACHINE PRICE LIST CB2 213—M B REF LANE 2 / 3 MANDATORY Ship Weight LIST PRICE USE NO. lbs AT PO ENTRY INSTRUCTIONS NOTE: Operation and Maintenance Manual will be included in language requested below. P OF -4542 INSTRUCTIONS, ENGLISH ................................ 0 NC NET 0 $46 NI NET P OF -4546 INSTRUCTIONS, SPANISH ................................ 0 NC NET 0 $46 NI NET SERV/CE INSTRUCT/ONS PICTOGRAPH FILMS P 364-2281 INSTRUCTIONS, NORTH AMERICAN ......................... 0 NC Includes picto decals with "WARNING" as required for ANSI. ONLY FOR USE WITH: NORTH AMERICA ONLY (EXCEPT FOR QUEBEC, CANADA) PACKING Export Packing OG -0044 ROLL ON -ROLL OFF ..................................... 0 NC To be used for single order OF -5108 PACKING, CONTAINER ...................................0 NC To be used for multiple orders CANNOT BE USED WITH: ROPS, FIXED Supersedes 02JAN2015 Subject to change without notice Effective 02JAN2016 Caterpillar: Confidential Green Printed in USA US -A D U. S. DOLLAR CURRENCY C132213 -MB -006 Page 173 of 408 CATERPILLAR MACHINE PRICE LIST CB2 213—MB CONTACT CUSTOM PRODUCTS FOR AVAILABILITY. NOTE: One color only (in place of Caterpillar yellow). Please precise REF LANE 2 / 3 OPTIONAL Ship Weight LIST PRICE USE NO. lbs AT PO ENTRY ELECTRICAL $785 29 P 364-2297 SWITCH, BATTERY DISCONNECT .......................... 2 $109 ONLY FOR USE WITH: LANE 3 ONLY Supersedes 02JAN2015 Subject to change without notice OPERATOR ENV I RON M ENT Caterpillar: Confidential Green Printed in USA CANOPY SQECT/ON-LANE3 ONLY CB22B-MB-007 P 364-2289 CANOPY, FIXED ...................................... 71 $1,105 0 $1,105 NI REQUIRES: ROPS, FIXED ONLY FOR USE WITH: LANE 3 ONLY P 364-2288 CANOPY, FOLDABLE...................................82 $1,600 0 $1,600 NI REQUIRES: ROPS, FOLDABLE TECHNOLOGY PRODUCTS PRODUCT LINK COMMUN/CA TIONS Product Link enables the remote transmission of information about the location, operation, and condition of your equipment. Efficiently and effectively monitor performance of your assets to help keep your jobs on schedule, maintain equipment condition, and reduce the costs of owning and operating your fleet. Availability varies by country. Please contact your marketing representative with questions. L 463-3786 PRODUCT LINK INSTALLATION ............................ 0 NC FOR USE WITH: PRODUCT LINK, SATELLITE PL631 and PRODUCT LINK, CELLULAR PL641 ONLY FOR USE WITH: LANE 3 ONLY L 454-5453 PRODUCT LINK, SATELLITE PL631 .......................... 9 $1,040 NET Product link pro series PL631 uses a satellite network to transmit location, utilization and condition information for viewing in Product Link's remote monitoring web interface. For use in areas with poor or no cellular coverage. ONLY FOR USE WITH: LANE 3 ONLY L 454-5454 PRODUCT LINK, CELLULAR PL641 .......................... 9 $870 NET Product Link Pro series PL641 uses GSM and CDMA 3G cellular networks to transmit location, utilization and condition information for viewing in Product Link's remote monitoring web interface. Cellular technology provides capabilities for frequent transmission and larger volumes of data. ONLY FOR USE WITH: LANE 3 ONLY OTHER ATTACHMENTS C OF -5131 SPECIAL PAINT........................................0 $1,810 NET CONTACT CUSTOM PRODUCTS FOR AVAILABILITY. NOTE: One color only (in place of Caterpillar yellow). Please precise the color (RAL) in the notes. ONLY FOR USE WITH: LANE 3 ONLY P 457-9152 MATS,COCOA.......................................29 $785 29 $785 NI ONLY FOR USE WITH: LANE 3 ONLY Supersedes 02JAN2015 Subject to change without notice Effective 02JAN2016 Caterpillar: Confidential Green Printed in USA US -A D U. S. DOLLAR CURRENCY CB22B-MB-007 Page 174 of 408 CATERPILLAR MACHINE PRICE LIST CB2 213—MB REF LANE 2 / 3 OPTIONAL Ship Weight LIST PRICE USE NO. lbs AT PO ENTRY FLUIDS P 364-2408 SYSTEM, ANTIFREEZE PREPARATION ........................ 2 $113 Includes preparation for a reservoir containing antifreeze liquid to protects pumps, filters, and nozzles from freezing ONLY FOR USE WITH: LANE 3 ONLY FIELD INSTALLED ATTACHMENTS The following field attachments can be ordered through Machine Order as a miscellaneous order. P 444-5549 CONTROL, TRACTION KIT ................................ 0 $1,680 NI Flow divider between front and rear drum for improved traction & minimized drum spinning. ONLY FOR USE WITH: LANE 3 ONLY P 364-2319 ROAD, ITALIAN HOMOLOGATION .......................... 0 $575 NI Includes rear view mirror, license plate light, ECE headlights and rotating beacon. Required to be compliant with Italian Roading regulations. FOR USE WITH: ALL REGIONS AND COUNTRIES ONLY FOR USE WITH: LANE 3 ONLY PACKING Preparation OP -2046 PREPARATION FOR INSPECTION ............................ 0 $392 NET ONLY FOR USE WITH: LANE 3 ONLY M/SC MA TER/AL OG -0068 PACK, MISCELLANEOUS MATERIAL ......................... 0 NC Supersedes 02JAN2015 Subject to change without notice Effective 02JAN2016 Caterpillar: Confidential Green Printed in USA US -A D U. S. DOLLAR CURRENCY CB22B-MB-008 Page 175 of 408 pa'01 $ jj MA %A Ir $0,Aki FAk Effective Dates: October 1, 2015- September 30, 2016 Cab & Chassis Trucks & Other Fleet,1 uipmerit Participating Offices+ + + Agenciesof . of ► ,r The Florida • • Florida A• . of Counties Bid Award Announcement 15-13-0904 1 Page 176 of 408 DATE: TO: FROM RE: mom= 0T.T.A."'im Q - FWA0191id"M INE3k= PROMM W&M ORL619) to W � We are pleased to announce that the Florida Sheriffs Association and the Florida Association of Counties has successfully conducted its 13th statewide competitive bid for vehicles which includes trucks, backhoes, motorgraders, agriculture type tractors, skid steer loaders, street sweepers, generators, and light towers. This contract is effective beginning October 1, 2015 through September 30, 2016, as long as vehicles are available through fleet. Bids will be extended and guaranteed to any and all units of local governments /political subdivisions including but not limited to county, local county board of public instruction, municipalities and/or police agencies, other local public or public safety agencies or authorities within the State of Florida, and the state universities and colleges. In addition, bids will be extended and guaranteed to any other entities approved by manufacturers to participate in this contract. The participating agencies cannot guarantee any order other than those ordered through each indivUb9l In order to ensure quality service for our user agencies, we are requesting each of you to noti the Florida Sheriffs Association regarding any problems encounteredin working with the award dealers. Any issues, including but not limited to, receipt of confirmation of order, delivery problie and communication problems, should be reported to us by e-mail at fleet@Rsheriffs.org. information will be considered in future bid - r 9 !P E�M ii Wm W I � A It interested parties who wish to purchase from this contract may do so by following these simple procedures: 1 . Contact the awarded dealership listed in the zone from which you wish to purchase and advii them of your interest to purchase from Bid No. 15-13-0904. They will assist you with placement of your order and answer any questions you may have regarding the 2 Page 177 of 408 vehicles purchased through this program. You can only purchase from a dealer Who is listed as a winner of one of the four zones for the vehicle you wish to purchase. However, you may purchase from any awarded dealer within any zone (additional delivery fees may apply). Agencies ordering a Ford, General Motors, Chysler, or Toyota product, please be advised that you must use the appropriate FIN Code/FAN Code for the Florida Sheriffs Association in order to obtain the manufacturer's concessions. Also, you must use your FIN Code/FAN Code as a secondary number. For further assistance call the Fleet Customer Information Center for your appropriate manufacturer. L14--Tirk"t "M QE065 917872 48830 GE159 Fleet Center Contact Numbers .11 R KeTiMe NO 5 N Q I (1-800-353-3867) (1-800-999-3533) 2. You must send a copy of the origrinal ourchase order (including FSA's Contract No. 15-13-09041 submitted to the participating dealer electronicaMy to: COORafflsherifts.o 3. Basic Information required on all purchase orders is listed in this Bid Award Announcement. Purchase orders lacking the required basic information listed may result in the delay of placement and/or confirmation of orders. NOTE: The agency is responsible for obtaining a "Confirmation of Order" from the respective dealership. Dealers are required to complete a "Confirmation of Order" and send it to the purchaser within fourteen (14) calendar days after receipt of purchase order. Purchasers are encouraged to contact the dealer if a "Confirmation of Order" has not been received within a reasonable time. Purchasers are reminded that the issuance of a purchase order does not in itself guarantee the placement of an order. 4. All Cooperative Contracts include an administratrive fee of .0075 or three quarters of one percent. The base price and all add options are inclusive of the administrative fee. Cab & Chassis Trucks & Other Fleet Equipment - Dealers have included a three-quarter of one percent (.0075) administrative fee in the base price and all add options that are listed. The three quarters of one percent (.0075) will also be included in any additional equipment (add options) the dealers quote to the governmental agencies. 5. In order to ensure quality service for our user agencies, we are requesting that you notify the Florida Sheriffs Association regarding any problems encountered in worldrig with the awarded dealers. Any issues, including •but •not limited •to, receipt •of confirmation of •order, delivery problems and communication problems, should be reported to us by e-mail at FLEETCailsheriffs.org. This information will be considered in future bid awards in order to ensure that agencies are receiving the level of service required of dealers who wish to participate in this program. 6. Add/delete options might include a superscript listed by the Order Code. The purpose of the superscript is to identify which options correlate to a specific dealer. Superscripts will be a number between 1 and 4, and will correspond as follows: I = Western zone dealer 3 = Central zone dealer 2 = Northern zone dealer 4 = Southern zone dealer R3 Page 178 of 408 If a dealer has been awarded more than one zone, they win only have one superscript number assigned, and it will be the lowest numerical number that applies to their awarded cones. For example, if a dealer is awarded the northern and southern zones, their add/delete i,ptions for both zones will •' represented by a '2" superscript. Options are intended to add or delete equipment and/or features from the base vehicle specification, and to allow for an upgrade or downgrade to a manufacturer's model with a slightly different engine size • horsepower, and as such, will not be made available for purchase separate from the base vehicle. Bid Award Announcement 15-13-0904 4 Page 179 of 408 FLORIDA_ COLTNTEES All AbmtMori& FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIA, TION OF COUNTIES Name of Dealership Type of Vehicle Zone Base Unit Price HYDRAULIC [IMLLXCATQR - 78105 Ia_QhEg6]j'::iQ' WC k _j�cif Bobcat Company 2016 Bobcat E32 Western $34,798.00 Bobcat Company 2016 Bobcat E32 Northern $34,798.00 Bobcat Company 2016 Bobcat E32 Central $34,798.00 Bobcat Company 2016 Bobcat E32 Southern $34,798.00 Ring Power Corporation 2016 Caterpillar 303E CR Western $35,788.00 Ring Power Corporation 2016 Caterpillar 303E CR Northern $35,788.00 Ring Power Corporation 2016 Caterpillar 303E CR Central $35,798.00 Kelly Tractor 2016 Caterpillar 303E CR Southern $35,037.00 Nortrax, Inc. 2016 Hitachi ZX35-U-5 Western $38,300.00 Nortrax, Inc. 2016 Hitachi ZX35-U-5 Northern $38,300.00 Nortrax, Inc. 2016 Hitachi ZX35-U-5 Central $38,300.00 Nortrax, Inc. 2016 Hitachi ZX35-U-5 Southern $38,300.00 Everglades Farm Equipment 2016 John Deere 35G Western $39,990.00 Everglades Farm Equipment 2016 John Deere 35G Northern $39,990.00 Everglades Farm Equipment 2016 John Deere 35G Central $39,990.00 Everglades Farm Equipment 2016 John Deere 35G Southern $39,990.00 Cowin Equipment 2016 Kobelco SK35SR Western $39,654.00 • S Equipment Inc. 2016 Kobelco SK35SR Northern $40,084.00 • S Equipment, Inc. 201.6 Kobelco SK35SR Central $40,084.00 • S Equipment, Inc. 2016 Kobelco SK35SR Southern $40,084.00 Futch's Tractor Depot 2016 Kubota KX91-3 *Western $31,500.00 Futch's Tractor Depot 2016 Kubota KX91-3 *Northern $30,700.00 Futch's Tractor Depot 2016 Kubota KX91-3 *Central $30,700.00 Creel Tractor 2016 Kubota KX91-3 *Southern $30,749.00 Bid Award Announcement 15-13-0904 1058 Page 180 of 408 Cowin Equipment 2016 Takeuchi T 24 Western $42,763.00 Flagler Construction Equipment, LLC 2016 Takeuchi TB240 Northern $42,500.00 Flagler Construction Equipment, LLC 2016 Takeuchi TB240 Central $42,500.00 Flagler Construction Equipment, LLC 2016 Takeuchi TB240 Southern $42,500.00 2016 Volvo ECR 38 Western -- NB -- Flagler Construction Equipment, LLC 2016 Volvo ECR 38 Northern $39,500.00 Flagler Construction Equipment, LLC 2016 Volvo ECR 3 8 Central $39,500.00 Flagler Construction Equipment, LLC 2016 Volvo ECR 38 Southern $39,500.00 2016 Komatsu PC35MR-5 Western -- NB -- Linde- 2016 Komatsu PC35NIR-5 Northern $45,647.00 Linder 2016 Komatsu PC35NM-5 Central $45,647.00 Linder 2016 Komatsu PC35MR-5 Southern $45,647.00 Wacker neuson Sales Americas, LLC 2016 Wacker Neuson 3503 Western $40,695.00 Wacker neuson Sales Americas, LLC 2016 Wacker Neuson 3503 Northern $40,695.00 Wacker neuson Sales Americas, LLC 2016 Wacker Neuson 3503 Central $40,695.00 Wacker neuson Sales Americas, LLC 2016 Wacker Neuson 3503 Southern $40,695.00 2016 Case CX36B Western -- NB -- Trekker Tractor, LLC 2016 Case CX36B Northern $37,000.00 Trekker Tractor, LLC 2016 Case CX36B Central $37,000.00 Trekker Tractor, LLC 2016 Case CX36B Southern $37,000.00 Lyle Machinery Company 2016 Hyundai R35Z-9A Western $31,530.00 Trekker Tractor, LLC 2016 Hyundai R35Z-9A Northern $31,870.00 Trekker Tractor, LLC 2016 Hyundai R35Z-9A Central $31,870.00 Trekker Tractor, LLC 2016 Hyundai R35Z-9A Southern $31,870.00 2016 S SY35U Western NB 2016 Sany SY35U Northern N.B 2016 Sany SY35U Central NB 2016 S SY35U Southern NB Growers Equipment 2016 New Holland E30 -B Western $35,525.00 Growers Equipment 2016 New Holland E30 -B Nom $35,225.00 Growers Equipment 2016 New Holland E30 -B Central $34,925.00 Growers Equipment 2016 New Holland E30 -B Southern $34,725.00 Bid Award Announcement 15-13-0904 1059 Page 181 of 408 M E MCA FIORMk COLTNTMS All Ab.tFlorida FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIAT.-ION OF COUNTIES rr HYDRAULIC MINI EXCAVATOR - 79105 LD. OPERATING WEIGHA SPECIFICATION #37 2016 Caterpillar 303E CR The Cale_rnillar 303E CR this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by speccation by zone. ZONE: Western Northern Central Southern BASE PRICE: $35,788.00 $35,788.00 $35,788.00 $35,037.00 dF1 01141H t111 IRGI,JpUratt: LICAID111ty into our program, we nave created speciflic add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost vf rl-a 14&�Zkisf h approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement 15-13-0904 1065 Page 182 of 408 VEHICLE: 303E CR DEALER: Ring Power Corporation Ring Power Corporation Ring Power Corporation Kelly Tractor ZONE: Western Northern Central Southern BASE PRICE: $35,788.00 $35,788.00 $35,788.00 $35,037.00 Western Order Code Delete Options & Northern & Central 448-5781 Optional equipment - specify TO ($15,130,00) ($15,693Southern 00)2 300.91)` DOH-A, RAD (;,i 1300 91) B !!V: M4(HFvL'Ov1 1 MODE1, 00W.NGR 1L)L 10 BBI 300'J0'Vf1111?A( 4'170R H",'l RI 16HI'a PR,,," 01VI-Y 2 448-8451 2 Optional equipment - specify 1 ($7,475.00) ($10,849 301.4C DOWNGRADE TO CAT 301.7D. BASE MACHINE ONLY 1 .00)2 MODEL DOWNG&IDE TO BASE 301.4C MINI EXCAVATOR WIFREIGHT& PREP ONLY 2 447-7971 2 Optional equipment - specify (%2372,00) 1 (%7,985 00)2. 30131) DOANGRADE 10 (,-! 1302 7D, B-ISF VICHIN T� OATI A,iUDL.T, DOW',\ GRAD1. 70 R I-SL 301.7D 4.-[!]Vf F.IcA f,"47OR ffVRF1(;m,.t PRrp ow 1 :1 301.7D CR 2 Optional equipment - specify 2 ($7,966.00) MODEL DOWNGRADE .TO BASE 301.71) COMPACT RADIUS MINI EXCAVATOR WIFREIGHT& PREP ONLY 2 302AD Optional equipment - specify ($3,599,00)2 2 302.71) 2 Optional equipment - specify ($2,749.00)2 MODEL DOWNGRADE 10 BASE 302.7D MlX[EACA VATOR W1FRgjGHf& PREP ONLY 2 Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Western Order Code Add Options & Northern & Central Southern 460-7676 1 Optional equipment -specify I S3,559.00 2 %3,136-00 303 5F CR UPOR-11)h 70 CAT 303 5b,.2 B.4..SL-.kf4( H11vL OV 1 1 2 14110L)LI. 1111GR4D], lo B-481,'j03 YF (.0VIPACi R,,J011.'SAf1Vj IFOR 1,bl RLAYh1i PRI-P om 2 . 460-8410 Optional equipment - specify $7,939.001 UPGRADE TO CAT 304E2, BASE MACHINE ONLY 1 460-8429 Optional equipment - specify$14,717.00' 6POP ME TO C 17 305T,2. O�V7 V 1 460-8448 Optional equipment - specify $20,273.001 UPGRADE TO CAT 305.5E2, BASE MACHINE ONLY 1 457-3293 Optional equipment - specify $456,00' IIP(Y'RIDL.103031"(RAI.121'4(A..I(;'17 1 457-3294 Optional equipment - specify $3,431.00' UPGRADE TO 303E CR A14 3 PACKAGE 457-3295 Optional equipment - specifN $3,886W' I;PGR4T)E 70 303T. CR 'if IJIACA 4Gr; Bid Award Announmment 15-13-0904 1066 Page 183 of 408 VEHICLE: 303E CR DEALER: Ring Power Corporation Ring Power Corporation Ring Power Corporation Kelly Tractor ZONE: Western Northern Central Southern BASE PRICE: $35,788.00 $35,788.00 $35,788.00 $35,037.00 384-5013 Optional equipment - specify KIT, HYDRA E PLIC QC LINES, 3 TON 309-1917 Optional equipment - specify 111U11D I11DJ?4U!,X 1 282-9315 Optional equipment - specify BUCKET -DC, 55" 1 220-7137 Optional equipment - specify ,-119.8 -ILGL'R PRITA E'Vil 1 153-4084 Optional equipment - specify BTT, AUGER 9" I Optional equipment - specify Optional equipment - specify Optional equipment - specif. Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify I emporar) tag Transfer existing registration (must provide tag number) New state tag (specify state, count), city, sheriff. etc) 3yr/3000hr Maintenance Plan — specify PM PKG 2 Preventative Maintenance far 3yrs or 3000hrs at 500hr or 6 month intervals. PKG includes 6 total PM's. 2 5%,r/5000hr Maintenance Plan — specify iM PKG 2 Pieventat;ie-ifeiintenapc;efat 3vt-soy56Of)hrsat5OOhiot- 6 month inlet vals PkGindU(jC-Vl0jotajj,,Vj 2 Warranty - specify 3 YEAR/ 3000 HOUR PREMIER ESC WARRANTY Warranty - specify 3 M'4RI 30001401 RPOHi,IR71? ilk RARR4VrV I 27% 1 Discount percentage off manufacturer's current published retail prices for non-specified Discount options and any optional models bid. This discount ONLY APPLIES to a downgrade o 27% 2 an upgrade to the model listed in this specification. It does not apply to a completely Discount different make or model. (The discount is applied to the manufacturer's current published retail prices.) 27% DISCOUNT ONALL CATM1N1 HYDRA ULIC EXCAVATORS�- 16% DISCOUNT ON -ILL CAT WORK TOOLS. 1 27% Discount on Cat models 300.9-308 mini hydraulic excavators, 16% Discount on all Cat Work Tools 2 Bid Award Announcement 15-13-0904 $922.001 $1,564-001 $782.00' $2.062,001 $331.001 $6,140.002: 511,078,002 $1,591.00' 8606.00' 2 1067 Page 184 of 408 W -A6 FI.ORIDA COUgTiEB A[1 Abut Florida FLORIDA SHERIFFS ASSOMMON & FLORIDA ASSOCIATION OF COUNTIES Name of Dealership Ring Power Corporation 2016 Caterpillar C 24 Western $38,611.00 Ring Power Corporation 2016 Caterpillar C2B Northern $38,611.00 Ring Power Corporation 2016 Caterpillar CB24B Central $38,611.00 *4 Kelly Tractor 2016 Caterpillar CB24B Southern $41,495.00 Nortrax, Inc. 2016 Boa g BW120SL-5 *Western $35,150.00 Nortrax, Inc. 2016 Bomag BW120SL-5 Northern $35,150.00 Nortrax, Inc. 2016 Bomag BW120SL-5 Central $35,150.00 Nortrax, Inc. 2016 Bomag BW120SL-5 Southern $35,150.00 Wacker neuson Sales Americas, LLC 2016 Wacker Neuson RD 27-120 Western $42,620.00 Wacker neuson Sales Americas, LLC 2016 Wacker Neuson RD 27-120 Northern $42,620.00 Wacker neuson Sales Americas, LLC 2016 Wacker Neuson RD 27-120 Central $42,620.00 Wacker neuson Sales Americas, LLC 2016 Wacker Neuson RD 27-120 Southern $42,620.00 2016 Hamm HD 12 VV Western -- NB -- Linder 2016 Hamm HD 12 VV Northern $37,122.00 Linder 2016 Hamm HD 12 VV Central $37,122.00 Linder 2016 Hamm HD 12 VV Southern $37,122.00 2016 Volvo DD25B Western -- NB -- Flagler Construction Equipment, LLC 2016 Volvo DD25B Northern $34,800.00 Flagler Construction Equipment, LLC 2016 Volvo DD25B Central $34,800.00 Flagler Construction Equipment, LLC 2016 Volvo DD25B Southern $34,800.00 Lyle Machinery Company 2016 Hyundai HR30T-9 Western $37,380.00 Trekker Tractor, LLC 2016 Hyundai HR30T-9 Northern $35,600.00 Trekker Tractor, LLC 2016 Hyundai M.OT-9 Central $35,600.00 Trekker Tractor, LLC 2016 Hyundai HR30T-9 Southern $35,600.00 Bid Award Announcement 15-13-0904 1279 Page 185 of 408 2016 Case DV26 Western _ -- Trekker Tractor, LLC 2016 Case DV26 *Northern $33,000.00 Trekker Tractor, LLC 2016 Case DV26 *Central $33,000.00 Trekker Tractor, LLC 2016 Case DV26 *Southern $30,000.00 Eid Award Announcement 15-13-0904 1280 Page 186 of 408 FTORMIL Cou)hTms Ai[ About Mrida FLORIDA S11EAPUFFS ASSOMAY IrION & FLORIDA ASSOCIATION OF COUNTIES SPEECIFICATION #45 2016 Caterpillar CB24B 2016 Bomag B.W120SL-5 2016 Hamm HD 12 VV 2016 Volvo DD25B 2016 Hyundai H.R30T-9 2016 Case DV26 ALL ITEMS FACTORY INSTALLED UNLESS OTHERWISE INDICATED INSTRUCTIONS:, Listed above, you will find the model numbers of the vehicles that will be included in this year's contract. ALL ITEMS FACTORY INSTALLED UNLESS OTHERWISE INDICATED. INSTRUCTIONS: Listed above, you will find thi model numbers that will be included in this year's contract. a. Minimum operating weight 5,423 lbs. a. Drum compactor width on both drums no less than 47-1 b. Drum shall be smooth and not less than 27.5" in diameter c. Vibratory system shall be hydraulically driven d. s4gll kie gjiw"t, -jg6�,j 11 iwig"" Q 4 1 VAI Is hu7l, will 1- a i F k-11-7971 Itl 11111 P1104 3. ENONE- Atli b. Reve a. The machine shall be hydrostatlically driven b. Steering, shall be W9UV&T*;LRWjN1W01_1j-*q a. Unit shall 7, yranw, i-7&j-w?tw-v ,q,tq&mej 411*,4il� b. Electrical system shall be 12 or 24 Volt I Bid Award Announcement 15-13-0904 1281 Page 187 of 408 F,T..-0R1DA- COLTN=S All About Hori& FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCL&TION OF COUNTIES 47" SMALL DOUBLE DRUM ROLLER, - 59400 LBS SPECIFICATION #45 rhe Caterpillar CB24B rrurchased through this contract Comes WiAWWA W- -F r this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $38,611.00 $38,611.00 $38,611.00 $41,495.00 Bigg 1( lari IM11 a tgency to agency. in an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of 'W approximate cost of the type vehicle(s) you wish to order, NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Bid Award Announcement 15-13-0904 1282 Page 188 of 408 VEHICLE: CB24B DEALER: Ring Power Corporation Ring Power Corporation Ring Power Corporation Kelly Tractor ZONE: Western Northern Central Southern BASE PRICE: $38,611.00 $38,611.00 $38,611.00 $41,495.00 Order Code Delete Options CB 14B 2 Optional equipment - specify ifodes'dowig7ade TO B,I`h c Bi IB35'- 1)01-'B1,4 IWUMRO,�16R 2 CB22B 2 Optional equipment - specify Model downgrade TO BASE CB22B 39" DOUBLE DRUMROLLER 2 Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Order Code Add Options 472--8116 1 Optional equipment - specify C133413 2 noil 10 (:ircaj 1B B,ISF, OkIJ I ,Ibdel upgrade lOB4SF, CB34B 51 "DOURLL DN --:If RO!JTR 2 473-3885 Optional equipment - specify CB36l3 2 UPGRADE TO CAT CB34B, BASE.VACHI]VE ONLY I Abdel upgrade TO BASE CB36B 55" DOUBLE DRUMROLLFR 2 488-8303 t, Optional equipment - specify UPURJI)i: 10 ('47 CB?6B, B4-SL'Id.101r-Vb. OA1,j 1 364-2314 1 Optional equipment - specify CONTROL, TRACTION 1 450-0906 1 Optional equipment - specify L1GH1MGP1C&4(-L,lj,I) 1 364-2277 1 Optional equipment - specify SEAT, WITH SAFETY SWITCH 1 364-2279 Optional equipment - specif SUPPORi. V,;D1NC• P0R-SE41' 364-2287 1 Optional equipment - specify ROPS, FOLDABLE 1 36.1-5794 1 Optional equipment - specify Qw I f El ( 01v TROL DI141 ;,t,, P r1R Western & Northern & Central Southern ($13,756,00)2 ($4,723.00)2 Western & Northern & Central Southern ($11,880M) $10 S08 002 $14,921.001 $21,807.002 S20,678-001 $1,150.00, $448,001 $500.001 $1,188.001 $572.001 1283 Page 189 of 408 VEHICLE: C132413 DEALER: Ring Power Corporation Ring Power Corporation Ring Power Corporation Kelly Tractor ZONE. Western Northern Central Southern BASE PRICE: $38,611.00 $38,611.00 $38,611.00 $41,495.00 364-2297 Optional equipment - specify $75.00 SWITCH, BA TTF , RYDISCONNECT 456-9432 1 Optional equipment - speoi4y $537,00' uln, coc-O I I Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Optional equipment - specify Temporary tag Transfer existing registration (must provide tag number) New state tag (specify, state, county, oity, shefiff, etc,) 3yr/3000hr PM PKG 2 Maintenance Plan --specify Preventative Maintenancefor 3yrs or 3000hrs at 500hr or 6 month intervals. PKG includes 6 total PM's. 2 $4,473 .002 5yr!5000hr Maintenance Plan — specify , $7.761'002 PM PKG 2 top 5yr% or 5000hri at 5001v up 6 month ?nletraA Mj npejude-1 10 total pjf;,. 2 Warranty - specify $1,536.00' PREMIER ESC WA TY 3 YEAR/ 5000 HOUR PREM Al aiiantv - specify -$967.00' 3 I&AR-13000HOE-RPOWERIN,1IN ft' 1RR,1%v7F 24% Discount percentage off manufacturer's current published retail prices for non-specified a2 Discount options and any optional models bid. This discount ONLY APPLIES to a downgrade or 24% 2 an upgrade to the model listed in this specification. It does not apply to a completely Discount different make or model. (The discount is applied to the manufacturer's current published retail prices.) 24% DISCOUNT ON CATCB14B, CB24B, CB34B, AND CB36B; 16?,, DISCOUNT ONALL CAT WORK TOOLS. 1 24% Discount on CA Tmodels CB14B-CB34B Vibratory Compactors. 18% Discount on model CB36B. 16% on all C IT Work tools. 2 Bid Award Announcement 15-13-0904 1284 Page 190 of 408 M CONSENTAGENDA 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Approve utilizing the General Services Administration (GSA) Contract #GS -07F -0396M pricing for contractual fire alarm/sprinkler monitoring, inspections and repairs in various City facilities from Simplex Grinnell LP for an estimated annual expenditure of $90,000 (expires 06/30/17). EXPLANATION OF REQUEST: Time Period: October 1, 2015 - September 30, 2016 Simplex Grinnell provides fire alarm/sprinkler monitoring, inspections and service/repairs for various fire alarm systems through the City facilities based on the GSA Contract #GS -07F -0396M effective through June 30, 2017. The City's procurement policy allows the utilization of the GSA contracts as an alternative to formal sealed bid process for purchases over $25,000. Simplex Grinnell is an authorized vendor via the General Services Administration (GSA) Contract #GS -07F - 0396M. Contract Period - 07/01/2007 - 06/30/2017 The complete GSA Contract (196 pages) is on file in the Finance Department. Previous year's expenses: FY 14/15 $91,700 FY 13/14 $89,500 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The National Fire Protection (NFP) Code and the Fire Department require that fire systems be monitored, inspected and maintained. Failure to meet these requirements would result in receiving violation notifications from the Fire Department and would render the systems ineffective. FISCAL IMPACT. Budgeted Funding is budgeted as follows: Facilities Management Account #001-2511-519-49-17 ($82,000) Library Account #001-2612-571-46-20 for the Schoolhouse Museum ($3,000) Utilities Admin Account #401-2821-536-49-17 ($2,500) Utilities West Water Plant Account #401-2811-539-49-17 ($2,500) Total Estimated Costs = $90,000.00 ALTERNATIVES: To have the City issue a formal bid for these services and repairs. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 191 of 408 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Simplex Grinnell LIP START DATE: 7/11/2007 END DATE: 6/30/2017 CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Attachment REVIEWERS: Department Reviewer Public Works Roberts, Christine Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description GSA Contract #GS -07F -03961\A Action Date Approved 12/31/2015 - 8:59 AM Approved 1/11/2016 - 2:30 PKA Approved 1/13/2016 - 9:45 AM Approved 1/14/2016 - 12:49 PKA Page 192 of 408 - -,IWINA Ar '211 GENERAL SERVICES ADMINISTRATION SimplexGrinnell OneStoprm Integrated Solutio A total solution for fire alarm, fire suppression, integrated security, sound and communication and healthcare management systems.. i * www.simp1exgtinne11.com1gsa nSchedula FIRE AND SECURITY PRICE LIST 15M1ITtv"M TL"A CONTRACT NO. GS -07F -0396M -uj@Tff I WAUT-PE= JULY 1, 2007 — JUNE 30, 2017 1 of 196 Page 193 of 408 Federal Supply Service Authorized Federal Supply Schedule Price List Schedule 084 — Total Solutions for Law Enforcement, Security, Facility Management, Fire, Rescue, Clothing, Marine craft and Emergency/Disaster Recovery SimplexGrinnell 50 Technology Drive Westminster, MA 01441 Telephone: 978-731-2500 Website: ww-vcT.si1.'nT)1eXFd_ XQU1. 1 l6 Business Size: Large Contract Period: July 1, 2007 — June 30, 2017 Schedules button at httr):,/,/`WlliN,'V,;I-ifss.gsa.go-v - -_ - - - 99-• •LTM oraering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!TM , a menu -driven database system. The INTERNET address GSA Advantage! TM is: b 111 P 2 of 196 Page 194 of 408 CUSTOMER INFORMATION la. SPECIAL ITEM NUMBERS SIN 246-26 Fire Alarm Systems (Copper- Wheelock, TYCO Fire Protection Products) SIN 246-35 (1) Access Control Systems, Door entry control by card access, magnetli proximity — including but not limited to Biometric. (Software House) SIN 246-35 (2) Access Control Systems, Door entry control by touch access, dial, digital, keyboard, keypad - including but not limited to Biometric, Voice, Fingerprint, Iris, Hand Geometry, Weight (Software House) SIN 246-35 (4) Access Control Systems, Emergency exit door access/alarm systems for security and/or fire safety - including but not limited to Blom etricjEgMygre Housel SIN 426-4S Surveillance Systems/CCTV (American Dynamics) SIN 246-42 (1) Facility Management Systems - (Including Accessories and Repair Parts. Computerized Systems for Surveillance, Monitoring, Controlling, Signaling and Reporting Multiple Functions. Security Functions (i.e., access control, fire detection, intrusion, etc.) LArnefican Dynamics) (Softwarig HouseySony)(AxisgTalk-A-Phone) SIN 246-42 (3) Facility Management Systems — (including Accessories and Repair Parts. Computerized Systems for surveillance, Monitoring, Controlling, Signaling and Reporting Multiple Functions. Energy and Facility Management Functions and Services, Building Automation Control Systems (including lighting, HVAC controls and sensors), Building Comfort Systems (including heating, ventilation and air conditioning). (Tyco Fire Protection Products Master Time Controls SIN 246-99 New Products — Sprinkler (Tyco Fire Protection Products) SIN 466-11 Fire Extinguish ing/Suppress Ing Products, Retardant, Foams and Equipment (Sapphire, PyroChem and Ansul) SIN 246-1000 Ancillary Services -Labor Includes, but is not limited to: services necessary to install the system (from design through start-up), maintain the system (including maintenance agreements, which may not exceed the term of this contract), or training. Ancillary Service excludes: • Construction (construction is defined as alteration, or repair of buildings, structures, or other real property) • Architectural Engineerin_q Services (A&E -Enaineers Act as stated in Federal Accluisition Re I under the Brooks Architect quiation (FAR) Part 36. These services shall be ordered only in accordance with Part 36 and aqencv Drocedures. nand shall ot be included on a GSA contract order as an-gpen market item. Personal services. Stand-alone services which are applicable -to the Service Contract Act (SCA Page 195 of 408 contra Win AM r -e - v 9 - -11 WIN 011421 A [it s 0 0 0 1 �L;Iqll I W-91 11,71 @1 CZE ip IL' ontr WIWA Defining and issuing the statement of work for ancillary services. Accurate definition of the scope and statement of work is essential to facilitate realistii quotations. The statement of work shall also inform the contractor of any applicable insurance requirements. Ordering agencies shall obtain pricing information from the schedule contractors, anR•• tiate for ancillary services on an order by order basis, based on complexity and level of effort. Ancillary services shall be priced as separate line items on each order. Pricing of services has been determined fair and reasonable by GSA. Howev ordering agencies shall make a determination that the total price is fair and reasonable based on the level of effort and the mix of labor proposed. I Ordering agencies will comply with all appropriation laws and ensure that t correct types of funds are obligated on each order. I IZ M-'erence FAR 8.4 for Ham -ME AM [To] NY -'ATT. IN M MEL I ORIN] kimia i--fj IN: Rote: Ancillary services involvinCinstallation which do not meet the definition of construction as defined in FAR 2. 101 shall be covered under Sl N 246--1000. Note: This SIN specifically EXCLUDES Architectural Engineering Services (A&E) urider fte Broo�s Azo-Wr�aj:-F I LN item. Contractors are responsible for the followina when performing services under this SIN: 4 of 196 Page 196 of 408 Contractors must comply with Construction Clauses and Davis -Bacon Regulations. The contractor shall •- responsible, accountable and liable for all work performed, including work performed by subcontractors (at all tiers), and for • the • performed is completed in accordance with the ordering .•- statement • • 'N 0 Olgx�p IWT UM -30 i��M DM 1!1 "L*'Z19 " 1 1 MW-" MOM on aMUUE&*JA$-L_-1M4 It, WHIM"ALMLZIA uuta ME 10 1 Performance clauses shall be modified for each job by the ordering agency. Administration of orders issued under this Special Item Number. 5 of 196 Page 197 of 408 All orders and payments must be made to the schedule contractor or their designee. Example: A contractor may designate a participating dealer to receive payment. Z101 :M! WN11 �OJESIUTV 0. 0 I I IN US moll 101=02691VI , 0 .00 ARMA190 med too 0;1 • of •M Off*. M 1 c. The rates for the labor categories vary based on the geographic location of the SimplexGrinnell Field offices and subject to the pricing methodology in the GSA Contract. Please contact Regional Government Business Development Managers. (Se,-- 2ttached Business Development Manager Lisitng) CAD LAB DSGN LAB PM LAB PREP LAB 246-51 Product IDs; COMM LAB INST LAB TECH LAB 2. Maximum order: I Design Labor Proj/Const Mgrant Pre -Site Preparation it exception to Alaska and Ohio. See SIN 246-51) - VWr EW -10 Installation Labor 6 of 196 Page 198 of 408 4. Geo -graphic coverage (delivenf area): Continental US, Alaska, Hawaii, District of Columbia, Puerto Rico and US Territories. W I W =_�- •• � 15AW-WOV Anixter (Sony) Anixter (Axis) Cooper -Wheelock Software House Sensormatic ACD Talk -A -Phone Tyco Fire Protection Products Belfast, Ireland; Puerto Rico Japan Belgium. Germany, Huncjl;�,.I�tal-, _jay�� Korea, Poland, Swe•- • • eong Branch, NJ; Sarasota, FL Winthrop, ME Westford, MA Canada, India, Korea, Taiwan, USA Matamoras, Mexico; Westminster, MA; ownsville,TX 7. Quantity discount: None, additional discounts may be negotiated with the orderi activity for orders exceeding the maximum order established. I 112EM • e111Q3t7M99Hj-5= 10. Forei-qn items: TAA Requirements Apply I la. Time of delivery: 30 days ARO or as prescribed in the Statement of Work 1 1b. Expedited Delivem, Available, contact local SG field office. See attached. 1 1c. Overnight and 2 -day delivery: Overnight and 2 -day delivery are available at standard commercial shipping rates, if item is available in stock. Contact loc&' SG Field Office. See attached. 1 1d. "r ent Requirements ': Contact Government District Business Development Manager for faster delivery and express shipping pricing. Page 199 of 408 I A 1 111' 4. Geo -graphic coverage (delivenf area): Continental US, Alaska, Hawaii, District of Columbia, Puerto Rico and US Territories. W I W =_�- •• � 15AW-WOV Anixter (Sony) Anixter (Axis) Cooper -Wheelock Software House Sensormatic ACD Talk -A -Phone Tyco Fire Protection Products Belfast, Ireland; Puerto Rico Japan Belgium. Germany, Huncjl;�,.I�tal-, _jay�� Korea, Poland, Swe•- • • eong Branch, NJ; Sarasota, FL Winthrop, ME Westford, MA Canada, India, Korea, Taiwan, USA Matamoras, Mexico; Westminster, MA; ownsville,TX 7. Quantity discount: None, additional discounts may be negotiated with the orderi activity for orders exceeding the maximum order established. I 112EM • e111Q3t7M99Hj-5= 10. Forei-qn items: TAA Requirements Apply I la. Time of delivery: 30 days ARO or as prescribed in the Statement of Work 1 1b. Expedited Delivem, Available, contact local SG field office. See attached. 1 1c. Overnight and 2 -day delivery: Overnight and 2 -day delivery are available at standard commercial shipping rates, if item is available in stock. Contact loc&' SG Field Office. See attached. 1 1d. "r ent Requirements ': Contact Government District Business Development Manager for faster delivery and express shipping pricing. Page 199 of 408 12. F.O.B. point(s): ' Destination 48 contiguous states, Port of Exportation, Alaska and Hawaii except Special Item Numbers 465-11 and 426-4S which are F.O.B. Origin. 13. Ordering ad resses: Refer to the listing of SimplexGrinnell District offices For additional information contact: Regional Government Business Development Manager 13b. Ordering procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's) are found in Federal Acquisition regulations (FAR) 8.405-3 14. Payment address (es):, SimplexGrinnell Dept CH 10320 Palatine, IL 60055-0320 15. Warranty provisiom, Standard Commercial Warranty (See below) Limited Warranty. Subject to the limitations below: Company warrants any equipment (as distinguished from the Software) installed pursuant to this Agreement to be free frorr. defects in material and workmanship under normal use for a period of one (1) year from the date of first beneficial use of all or any part of the Covered System(s) or 18 months after equipment shipments, whichever is earlier, provided however, that Company's sole liability, and Customer's sole remedy, under this limited warranty shall be limited to the repair or replacement of the Equipment or any part thereof, which Company determines is defective, at Company's sole option and subject to the availability of service personnel and parts, as determined by Company. Company warrants expendable items, including, but not limited to, video and print heads, television camera tubes, video monitor displays tubes, batteries and certain other products in accordance with the applicable manufacturer's warranty. Company does not warrant devices designed to fail in protecting the System, such as, but not limited to, fuses and circuit breakers. Company warrants that any Company software described in this Agreement, as well as software contained in or sold as part of any Equipment described in thiL&*_r�ewi"Mir- reasonably contorm to its published specifications in effect at the time of delivery and for ninety (90) days after delivery. However, Customer agrees and acknowledges that the software may have inherent defects because of its complexity. Company's sole obligation with respect to software, and Customers sole remedy, shall be to make available published modifications, designed to correct internal defects, which become available during the warranty period. If Repair Services are included in this Agreement, Company warrants that its workmanship and material for repairs made pursuant to this Agreement will be free from defects for a period of ninety (90) days from the date of furnishing. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, SUPPORTED HEREUNDER. 8 of 196 Page 200 of 408 COMPANY MAKES +:WARRANTY 1 !! 1: OR REPRESENTATION, .! 1 .. UNDERTAKES NO OBLIGATION BY THE SERVICES PERFORMED AGREEMENT, THAT COMPANY'S PRODUCTS OR THE SYSTEMS OR EQUIPMENT OF THE CUSTOMER WILL CORRECTLY HANDLE THE PROCESSING OF CALENDAR :. DATES BEFORE OR AFTER DECEMBER 1999. •!. thirdWarranty service will be performed during Company's normal working hours. If Customer requests warranty service at other than normal working hours, service will be performed at Company's then current rates for after ours services. All repairs or adjustments that are or may become necessary shall be performed by an authorized representative of Company. Any repairs, adjustments or interconnections performed by Customer or any party shall void all warranties. 16, Export Packing charges: Not Applicable 17. Terms • conditions of • purchase card acceptance: Accepted 18. Terms and conditions of maintenance, and repair: Contact SimplexGrinnell .' Terms• conditions of .i • Provided under SIN 246-1000; Terms20. • conditions of .•, r, -- contract items or f•- applicable. • moreinformation contact • - market 20a. Termsand conditions forother services: 21. List of - - and distribution • •;ints: Refer to listing of • - 'It istrict offices 2. List of participating dealers: Not Applicable 3. Preventive maintenance: Contact Silexrinnell a.Environmental aributes .a. recycled content energy efficiency and/or reduced pollutants. /A 24b. Section 508 Compliance for IT: Not applicable 2. Data Universal Number System (DUNS) Master number: 094738007 6. Central Contractor Registration (CCR) database: Master Cage Code 1 S7 9of196 Page 201 of 408 Sprin1der GSA Price SchadUIS 80, SIS-) 246-99, Vendor Part ld Description GSA Sell -010101002 Manual Weldl/2 - Domestic Price -010101007 Manual Weld3/4 - Domestic $6.11 $6.11 -010121010 Manual Weldl - Domestic -010151012 Manual Weldl-1/4 - Domestic $10.49 -010201015 Manual Weld 1-1/2 - Domestic $13.98 -010251020 Manual Weld2 - Domestic $15.29 -010301025 Manual Weld2-1/2 - Domestic $16.60 $17.91 -010401030 Manual Weld3 - Domestic -010601040 Manual Wek:14 - Domestic $19.22 -010801060 Manual Weld6 - Domestic $33.49 $110.14 -011001080 Manual Weld8 - Domestic -020001025 Cut Black Sch402-1/2 - Domestic $149.32 -020001030 Cut Black Sch403 - Domestic $3.89 -020001040 Cut Black Sch404 - Domestic $3.89 -020001060 Cut Black Sch406 - Domestic $3.89 -020001080 Cut Black Sch408 - Domestic $12.59 $13.87 -020001100 Out Black Sch401 0 - Domestic -020002010 Cut Galvanizedl - Domestic $29.58 -020002012 Cut Gaivanizedi-1/4 - Domestic $1.24 -020002015 Cut Galvanizedl-1/2 - Domestic $1.24 -020002020 Cut Galvanized2 - Domestic $1.24 -020002025 Cut Gaivanized2-1/2 - Domestic $1.24 -020002030 Cut Galvanized3 - Domestic $3.89 -020002040 Cut Galvanlzed4 - Domestic $3.89 -020002060 Cut Ga1vanlzed6 - Domestic $3.89 -020002080 Cut Galvanized8 - Domestic $12.59 -020002100 Cut Galvanized 10 - Domestic $13.87 $29.58 -020003010 Cut Black Srh801 - Domestic -020003012 Cut Black Sch801-1/4 - Domestic $2.57 -020003015 Cut Black Sch801-1/2 - Domestic $2.57 -020003020 Cut Black Sch802 - Domestic $2.57 -020003025 Cut Black Sch802-1/2 - Domestic $2.57 -020003030 Cut Black Sch803 - Domestic $7.82 $7.82 -020003040 Cut Black Sch804 - Domestic -020003060 Cut Black Sch806 - Domestic $7.82 -020003080 Cut Black Sch808 - Domestic $7.82 -030003025 Thread2-1/2 - Domestic $7.82 $3.64 -030003030 Thread3 - Domestic $3.64 -030003040 Thread4 - Domestic -030003060 Thread6 - Domestic $3.64 $17.61 -030003080 Thread8 - Domestic $40.91 -040001025 Make Ont -1/2 - Domestic $3.68 -040001030 Make II - Domestic $3.68 -040001040 Make On4 - Domestic $3.68 -050002010 Roll Groovel - Domestic $3.61 -050002012 Roll Groovel-1/4 - Domestic $3.61 -050002015 Roll Groovel-1/2 - Domestic $3.61 19 of 196 Page 202 of 408 vO O O 1CS h 0 N M CO O m w O M P� M I� O O M ti w CO r Cp m V• M w N W O 6 O V' eF' N V' M N LO O O P� U'S r M l6� V' N N OS W eh U7 N OD O CD N ��, tV tD t7 O l% tl; M V: V° twS w V w N (O CO '= O ti 1n V' O 1p V' �' ti O V' (O O w O c6 ti W h- O LC) r_ M CA I� w N M r _M 1� Cd In ® CC) m CU O d M NE!! ff3 69 V' M N m (D V' w (T) W Cn N t9 ill M M ti t0 0) V' V' N O O O N w w N ®� 64 69 69 69 6i 64 O Cn m O (0 ti W M 167 w 4A ffl r 69 N N 6} N Cl) O 60 fA 69 d M W+ &3� r r - - aM- 69 !fD 69 613, 6%3 U3 - EfD fA EA gry 69 69 69 64 E9 Q V3 U) a U7 C6W 1O LO •®�si�m-a aEi mmv w w w w) OD w - , M N'� M 0. c O LLNOM.c(D .� 6 m m m onl=wCD n m Li Li 11 v •--LL F- c c c> v v .�` a s C7 Z V• Z w N c N N N 62 (D CO Cl) Q Q N_ U- m um- 7 M 07 wwcb E tn(gcn� u -a) 0 ® cm�ma�mia)a) v W ® M m m L ja-NI N. or;�QO aaa� _� aN —' aoyip tm 0)i0 9i)a)) >+ m x x x x® E a E E E E E `° w m ° a a® C) E F-~ (ava��a rmnl0n Ew W wwwu"gULwULL- LL EO0 Dao �- wGo W - - -'O W _W NMMWMCOw U) a Z Z Z o < d ori >a> - - - c "7 M•- 0 Z Z C ia _O c C e a. m J '17 10 DOj 0 0 0 u- r®®® M N M c c e `- •,• C:• C ` c J r Z Z �C d` _ > c� _� w~ .`- e= r Gam. 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M 0- M a. a a (L a a. a a. a. a. d d a- a. a am d ada a s 4 as a aa.aa.a.aa.a.a.LimmrL(.Lta.a.a.aa.a.a 0-m as aaa.m WHf< <lI<PP< < <f< < < <(<C< < < <f< <ff<f��l�<(¢<PqlJf<fp< <P<f¢ff<Cf<LgnUQ3< 0) O a Page 203 of 408 Simplex Fire Alarm GSA Price Schedule 8 SIN 246-6 PID beading bsA senDescription Price 2080-9047 Small to Large Analog Panel COMM CORD RJ-45/SPADE 14FT 2080-9056 Small to Large Analog Panel ABORT SWITCH, FLUSH $20.13 2080-9057 Small to Large Analog Panel ABORT SWITCH, SURFACE $62 .91 2080-9059 Small to Large Analog Panel MAINT SWITCH WAAMP,FLUSH $$62.26 2080-9060 Small to Large Analog Panel MAINT SWITCH W/LAMP,SURFACE $139.23 2080-9067 Small to Large Analog Panel ABORT SWITCH, STYLE C, FLUSH $223.61 2080-9068 Small to Large Analog Panel ABORT SWITCH, STYLE C,SURFACE .62 $65$6518 2081-9008 Small to Large Analog Panel EOL RESISTOR/22K $ 2081-9010 Small to Large Analog Panel EOL RESISTOR/3.3K 72 $7$7.87 2081-9027 Small to Large Analog Panel TRANSIENT CUBE $ 2081-9028 Small to Large Analog Panel TRANSIENT CUBE FOR MAPNET 1,11 $28.89 2081-9046 Small to Large Analog Panel 2 AMP COIL SUPERVISORY MODULE $32.50 2081-9048 Small to Large Analog Panel ABORT SUPERVISION $23.47 2081-9061 Small to Large Analog Panel BARRIER MOD INSTALIAT:ON KIT $1 7.89 2081-9280 Enclosures; Doors and Backboxes BATT CAB ONLY F/2081-9279 $17.44 2081-9281 Enclosures; Doors and Backboxes 50AH BATTERY CABINET, BEIGE $222.88 2081-9297 BATTERY BRACKET ASSEMBLY 33AH- Seismic Fire Panel Medlum to Large Systems $173.79 2081-9298 BATTERY BRACKET ASSEMBLY 50AH- Seismic Fire Panel Medium to Large Systems $80.50 2084-9001 Small to Large Analog Panel REMOTE PHONE JACK $92.43 2084-9002 Small to Large Analog Panel PHONE /DR TRIM SURFACE M 20 $8NT 2084-9003 Small to Large Analog Panel PHONE W/DOOR TRIM FLUSH MNT $1$8 78 2084-9004 Small to Large Analog Pane! PHONE ARMOR CABLE SURFACE MNT $18147 2084-9005 Small to Large Analog Panel PHONE ARMOR CABLE FLUSH MNT $195.39 2084-9006 Small to Large Analog Panel PHONE BREAK -ROD SURFACE MNT $192.72 $195.39 2084-9007 Small to Large Analog Panel PHONE BREAK -ROD FLUSH MNT 2084-9008 Small to Large Analog Panel PHONE ARMOR BREAK -ROD SRFC MNT $192 72 2084-9014 Small to Large Analog Panel PLUGGABLE PHONE W/SFT CABLE $207 29 2084-9017 Small to Large Analog Panel PHONE PTT W/ARMOR BRK-ROD SURF 43.74 $ $$41.07 2084-9018 Small to Large Analog Panel PHONE PTT W/ARMOR BRK-ROD FL $238.42 2084-9021 Small to Large Analog Panel PHONE W/ARMOR, MAG LED SURFACE $238 64 2084-9022 Small to Large Analog Panel PHONE W/ARMOR MAG LED FLUSH $204-64 2084-9023 Small to Large Analog Panel REMOTE PHONE JACK W/LED 2084-9024 Small to Large Analog Panel PTT PLUGGABLE TELEPHONE $57.34 2088-9007 Small to Large Analog Panel MR101 RELAY, SPDT W/LED $41.83 2088-9009 Small to Large Analog PanelMR201 RELAY, DPDT W/LED $14.4444 2088-9017 Small to Large Analog Panel RELAYS (4) SPDT W/LED MR104 2088-9018 Small to Large Analog Panel RELAYS (4) SPDT W/LED MR104/C $44.76 2088-9019 Small to Large Analog Panel RELAYS (4) DPDT W/LED MR204/T $68.63 2088-9021 Small to Large Analog Panel ENCAPSULATED RELAY PAM -1 $57.40 2088-9032 Small to Large Analog Panel RELAY, SPDT W/LED MR -801/T $9.80 2096-9801 Small to Large Analog Pane! FA/CODE CARD HOLDER -5'°X8" RED $9.14 2096-9805 Small to Large Analog Panel FA/CODE CARD HOLDER -8X10'° RED 514 01 2096-9807 Small to Large Analog Panel FA/CODE CARD HOLDER -9X12'° RED $19.73 2096-9808 Small to Large Analog Panel FA/CODE RD HOLDER -9X12" SST $22.30 2096-9809 Small to Large Analog Panel FA/CODE CARD HOLDER -12X16" RED $71.21 2096-9811 Small to Large Analog Panel FA/CODE CARD HOLDER -14X22'° RED $37.57 2097-9031 Small to Large Analog Panel GATE VALVE OSYS-U-A2 $45.21 2097-9032 Small to Large Analog Panel GATE VALVE OSYS-U-Al $65.96 2098-9715 Analog Environmentally Compensated Smoke Devices and Accessories SMOKE DETECTOR WIRE GUARD $62.61 2098-9716 Analog Environmentally Compensated Smoke Devices and Accessories HEAT DETECTOR WIRE GUARD $22.10 2098-9734 Analog Environmentally Compensated Smoke Devices and Accessories 120V DETECTOR POWER PACK $21.70 2098-9735 Analog Environmentally Compensated Smoke Devices and Accessories DET/EOL RELAY 24VDC $19 49 2098-9739 Analog Environmentally Compensated Smoke Devices and Accessories RELAY -EOL -DETECTOR ACCESSORY $18.81 2098-9796 Duct Detector Devices and Accessories SAMPLING TUBE 13°' $17 77 2098-9797 Duct Detector Devices and Accessories SAMPLING TUBE 49" $5 92 2098-9798 Duct Detector Devices and Accessories SAMPLING TUBE 73" $11.81 2098-9799 Dud Detector Devices and Accessories SAMPLING TUBE 97°' $15.55 2098-9804 Dud Detector Devices and Accessories SAMPLING TUBE 24'° $21.46 2098-9806 Duct Detector Devices and Accessories REMOTE TEST STA RED LED KEY SW .96 $ $6$6.51 2098-9808 Duct Detector Devices and Accessories REMOTE ALARM INDICATOR $14.49 2099-9101 Pull Stations and Accessories PS SINGLE ACTION,2 N/O 2099-9102 Pull Stations and Accessories PULL STATION S/A, IN/0, IN/C $ 34.29 $38 76 2099-9103 Pull Stations and Accessories PULL STATION BREAK GLASS IN/O $32 27 2099-9104 Pull Stations and Accessories PULL STATION BREAK GLASS 2N/0 $41.74 2099-9107 Pull Stations and Accessories PULL STATION S/A, 3N/0 2099-9108 Pull Stations and Accessories PULL STATION BREAK GLASS 3N/0 $59.63 $74 54 $7427 2099-9149 Pull Stations and Accessories DBL ACT PP STN W/O LOGO 2099-9152 Pull Stations and Accessories DBL ACT PP STYL C STN W/O LOGO $32.27 2099-9754 Pull Stations and Accessories PULL STATION S/A, IN/00 $2187 2099-9755 Pull Stations and Accessories PS SINGLE ACTION, LOCAL $24.59 2099-9756 Pull Stations and Accessories PULL STATION D/A, IN/O 3338 $33 38 $ 2099-9757 Pull Stations and Accessories PULL STATION D/A, 2N/O 76 2099-9762 Pull Stations and Accessories PS SINGLE ACTION, INST 2099-9800 Pull Station Accessories RED WIRE GUARD 526.83 2099-9803 Pull Station Accessories BREAKGLAS5 $26.09 2099-9804 Pull Station Accessories BREAKROD $178 $178 101 of 196 Page 204 of 408 • R. i r- • f !� 111 of 196 Page 205 of 408 • • � I 1• • 11 � ;I 1 1 �. a 1 • •f • - • - • i1 1 • 1 1 f 1 • A , 1 •I 111 of 196 Page 205 of 408 • 113 of 196 Page 206 of 408 " 13-1 1. . r 1 1 113 of 196 Page 206 of 408 n CO CX je —i cur • ,cl .. 0 CU • ' w ,.,. 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CONSENTAGENDA 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Approve awarding the Bid for a "Bauer (or equal) Air Compressor for Fire Station 2", Bid No. 011-2210-16/JMA, to Compressed Air Supplies and Equipment of Dania, FL in the amount of $55,022.50. EXPLANATION OF REQUEST: The existing stationary air compressor located in Fire Station 2, 2506 West Woolbright Road requires replacing due to advanced age. The Fire Department needs an integrated system that includes a high pressure compressor, breathing air purification system, an air storage system, a cascade fill panel, and a containment station. On December 15, 2015, Procurement Services opened two bids in response to the solicitation. Both bidders proposed the same system. Deputy Chief Greg Hoggatt has recommended awarding the bid to Compressed Air Supplies and Equipment as the lowest, most responsive, responsible bid. Compressed Air also offered a five (5) year warranty on labor and equipment. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The most important part of a firefighter's respiratory system protection is the quality of the air contained in their SCBA cylinder, and having cylinders full of quality air is paramount. A new integrated air compressor will ensure that our firefighters will have quality air when responding to incident in which they are required to utilize the Self Contained Breathing Apparatus (SCBA). FISCAL IMPACT. Budgeted Funds have been budgeted in the CIP; Account number 302-4126-522-64-07, Project Number FA1601 in the amount of $90,000. ALTERNATIVES: None. This equipment is necessary for the safety of the firefighters. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 211 of 408 ATTACHMENTS: Type D Memo D Tab Sheets D Other REVIEWERS: Department Finance Finance Legal City Manager Description Page 212 of 408 Recommendation Memo Tabulation Sheets - 011-2210-16/JI\AA Proposal - Compressed Air Supplies Reviewer Action Date Howard, Tim Approved 1/7/2016 - 10:06 AM Howard, Tim Approved 1/7/2016 - 10:06 AM Swanson, Lynn Approved 1/11/2016 - 9:55 AM LaVerriere, Lori Approved 1/14/2016 - 12:42 IIIA Page 212 of 408 The City of Boynton Beach FL OM Greg Hogg att .deputy Chief of Operations $ Boynton Beach Fire Rescue Department � * 20811High Ridge Road - Boynton Beach, Fiorida 33426 Phone: (561) 742-6331 FAX: (561) 792-6334 E—mail: hoggottg{'Dbhfl. us December 22, 2015 To: Julie Alibrandi Senior Buyer, Finance Dept. From: Greg Hoggatt, Deputy Chief Boynton Beach Fire Fescue Cc: Ray Carter, Fire Chief Reference: Award Determination for SCBA Air Compressor Julie, I have reviewed the Bid package and documents for the SCBA Air Compressor. Based upon the two proposals that are for the same piece of equipment and one vendor is significantly lower in price as well as offering an increased warranty coverage for both parts and labor, I am recommending awarding the Bid to: Compressed Air Supplied 8t Equipment of Dania Fl. For the amount of: $55,022.50 Thank you for your assistance in this Bid process and please contact me if you require anything further. Americas Gateway to the Gulfstreatn Page 213 of 408 04 Z O Q � � W w LL w O LL w O � � W w 0- 2 O U Q � W � Q � ± L I 2i L O L 2 ¥ < LU �2� ®\\ /2\ \ L L .. �0z 222 555 m O 'IT 0 � N ¢ 2 n � k � E E U) 0 . £zm � �� j\ ®>C§ &o0 !! © --d® qQ=o mm k k cn k k a f C� ƒƒ r @ m ± U) ± °�� m ± m ± ��w�k 0.cn w 222\ © w w at ■@`2 72 2C� LL ��cm LL LL 2 § 4 $ § E = kn G E \ LU A § co 0 E LU §C14 co \f k 2 E!4 __ q 4) 4) 2# n§ 0 j G �� CD j j a%��j 7 w w im w w 3��aa£. a 00 _ ■Ln � o LL LO . u « m LO ( 2 w § � 2 \ \ ® / U) 0 2 3 § 7 j ® E Q } k / \ � W o = p i ƒ * ® * o § w � @ \ © m z < o \ \ 0 j z • 2 7 ƒ e j e �/ ® e= e i e _ ±< <e ± e ■� zW ± <e _ ± -J 0 y ± e z_L + �3 o ��o /L + ©3 L §3 > �I M 0 0� ■ ■Sq ui z EI 2= c= E « O q =I <= 0 o= z= 10m 00m LU -_j Om IZm j<m m O 'IT 0 � N ¢ 2 n � k � N Z O `Q r LU LL w O LL w O N N W a O U W Q m ly W ED 2i W U LU c � Q LU ��o •• N � W N Ljj N ��o W •- �::)o c Z coo 00 00 00 co 0 4- 0 Ln N N E O O U E N _Q :3 CLL '^ vJ .6>cv a�'r0z O U) 'r- O M m Q 04 04 1Q Q C O W U J N 7 LL� i R Q 00 W W LL U)0 16 'M E�Hc O W Q 0 v 0 N R �w W z z 0_ U)O O LL a Cin U) coR 0 w O � c L N E Z W Q c v E J w Q U Z CD 0 c o q L>- ` N H (n Z c Q W EO N C m E w u 0 U) ? t Z (7 J J �< ° a�D Z z LL Q m U)U) rn,E L. �� a c CY .. ~O 0 G' z c O_ t L > Q i O LL i m U — 0 in w 0 � Z U LO E U E LO UJ Q W U) M LLJw U) U) � w m~ o_ m � C) w z c�c �� LLJM �� OU) Z Z m� c jc 0Om 2w W m D Z W Z Z U) D O U W (D O Z Q U � 0 �� ° HZ LLJ �g O (� LLJ w 75 O ~ Z O OU Y a- U) 75; O co 0 4- 0 Ln N N Oirlsil" rm I Page 216 of 408 Sealed bids will be received in PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or Wy: DECEMBER -15. 2015: No Later Than 2:30 P.M. (Local Time). Bids will be opened in: PROCUREMENT SERVICES -CITY HALL 2ND FLOOR unless otherwise designated. ATTENTION ALL INTERESTED RESPONDENTS: Copies of this solicitation package may be- obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download. If you prefer that a copy be mailed please contact the City's Procurement Division at (561) 742-6322. Respondent(s) who obtain copies of this solicitation from sources other than Demandstar or the City's Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitatioT. ay-saii�lw the opening of Bids. Page 217 of 408 Pill NvRej I mj%;A'1Tj 110 61;;M I 11fdo I or -is 0 textm trz-1 IN 0 0 Pursuant to Palm Beach County Section 2-355 after the deadline to respond to this Bid, members of the City Commission are prohibited from communicating directly or indirectly with bidders regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this uCone of Silence" periodmay result in a penalty 2s outlined in Palm Beach County Code Section 2-357. 6-folela 4• :;1 The City of Boynton Beach is seeking proposals to supply a new Bauer (or equal) breathing air compressor system for Fire Rescue Station 2, 2506 W. Woolbright Road, Boynton Beach, FL 33426 per the specifications and terms of this Request for Bid. Contact: City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, FIL 33435 Julianne Allbrandi, Senior Buyer, E-mail: alibrandUrAhMI (561) 742-6322 PA Page 218 of 408 REQUEST FOR BID FOR BAUER (OR EQUAL) AIR COMPRESSOR FOR FIRE STATION 2 SPECIFICATIONS The City of Boynton Beach Fire Department is seeking to purchase a new stationary Bauer (or equal) Air Compressor to replace the existing aging compressor located in Fire Station 2, 2506 West Woolbright Road, Boynton Beach, FL 33426. Part Number Description I - 0 6000 psi.; 25.2 scfm charging rate. E 150,000 cubic foot purification system with SECURUS electronic cartridge monitor. a Three -position NFPA compliant fill station, N Control panel with La n laminate fill schematic, M Two (2)ASME storage cylinders, 0 Automatic condensate drain system and PLC controller with smart pad operator interface console. E Entire electrical assembly LILO Listed. a Sound attenuating enclosure. E Three-phase electric. Cylinder - ASME 6000 psi with relief valve added to compressor. MNR-29/CAL Foniwr - electronic carbon monoxide with calibration kit. UNIII/RF/REL-9 Remote fill hose with 75 ft. hose reel. includes adjustable regulator - gauge and isolation valve added to a UNIII compressor. Page 219 of 408 > Delivery to 2506 West Woolbright Road, Boynton Beach, FL 33426 ➢ Set-up and calibration of Air Compressor v Training of Fire Department Personnel > All warranty information (Parts and Labor) El Page 220 of 408 M401 Page 221 of 408 Page 222 of 408 SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. §141704101 0 VIA 9 ral Z -•^- -0 As rT - 0 1 9 01, M UrlU k 1) Jeal' 01U. All re.Mquires a. T be assigned per the individual bid product or service application, will form th . e Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state t name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner Page 223 of 408 ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as result of this ITB, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of this Invitation to Bid and resulting award and/or contract. Prices shall be F.O.B. Destination to the requesting agency. AS SPECIFIED: A Purchase Order will be issued to the successful bidd- •- _1 delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. Page 225 of 408 DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the COMMUNICATIONS MANAGER and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. LICERSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. ac Page 226 of 408 Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority t• . - ate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation. and in furtherance thereof. nav deng-id wrif *102ht rpamrik wd • oIl-in MWK*1@11e.TfJW 1, "M• IT -W-114 M OrOrIffeTaisrow-911110111 - 111Z1611"INION econfractor•r its SUDcontractors or lowertiersubcnritractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. PUBLIC RECORDS AND CONTRACTS FOR SERVICES PERFORMED ON BEHALF OF A FT'90C AGEN Y Vendor shall comply with the State of Florida Public Records Law, Florida Statutes (FS) § 119.0701, specifically to: 1. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; 2. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in Chapter 119 F.S, or as otherwise provided by law; 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer, at no cost to the public agency all public records in possession of the Vendor upon termination of the contract, and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. If the Vendor does not comply with a public records request, the public agency shall enforce contract provisions in accordance with the contract. W Page 227 of 408 1 PURPOSE: The City of Boynton Beach is hereby seeking bids for a qualified Bidder to furni one Bauer (or equal) Air Compressor for Fire • 2, with the terms, conditions, a a specifications contained in this Invitation to Bid. 2. INFORMATION OR CLARIFICATION: For information conceming procedures for responding a this solicitation, contact Julianne Alibrandi, Buyer, (561) 742-6322 or email to alibrandij@bbfl. In addition, for clarification and questions concerning the specifications, please submit questio via email provided within ten (10) days prior to the Bid opening to allow time for answers that m be formulated as a subsequent addendum. 3. TRANSACTION FEES: The City of Boynton Beach utilizes Onvia DemandStar to distribu - solicitations and subsequent information. There is a minimal charge of $5.00 associated with th- registration • this service. 4. PRICING/DELIVERY: Bidder will quote a firm, fixed cost to include delivery FOB to Fire Station 2506 West Woolbright Road, Boynton Beach, Florida 33426. Deliveries will be accepted Mond thru Friday from 8:30 A.M. to 5:00 P.M. with the exception of City observed holidays. 040-1: 1 - 0 0 1 1 '.1rogroTH-olo - - f. • DOCUMENT: The Contractor shall examine this Bid carefully. Ignorance of th(f- requirements will not relieve the Contractor from liability and obligation under the Contract. 7. BIDDERS' COSTS: The City shall not be liable for any costs incurred by Bidders in response to this solicitation. 8. RULES AND SUBMITTAL OF BIDS: The signer of the Bid must declare that the only person(s) company or parties interested in the proposal as principals are named therein; that the Bid is made without collusion with any other person(s), company or parties submitting a Bid; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the Bid has full authority to bind the principal Bidder. • AND PAYMENT: Payment for any and all • that may arise as a result • a contract or purchase order issued pursuant to this RFB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted •: City of Boynton Beach Attn: Finance Department 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33319 All invoices submitted shall consist of an original and one (1) copy as follows: 12 Page 228 of 408 > Clearly referenced the subject Contract •r'' - Order number; Provide sufficient salient description to identify the goods and services for which payment is requested; > Contain date of delivery; > Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as ,.partial", "complete", or "final invoice." The City will accept partial deliveries. The invoice shall contain the Bidders Federal Employer Identification Number. 10. QUALIFICATION OF BIDDER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. All Bids wili be rejected if there is reason to believe that collusion exists between Bidders. Bids in which the prices obviously are unbalanced will be subject to review and/or rejection. The provision is not meant to prohibit submission of alternate Bids in separate sealed envelopes. 11. SPECIFICATIONS: The apparent silence of the Specifications as to any detail, or the apparent omission from the �pecifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this Statement. ?-77Yfle pirposes Or era1uaT0o-n-,1ffe-76jbb-e-r must indicate any variance or exceptions to the stated Specifications no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the Specifications in every respect. 12. TERMINATION DEFAULT: In addition to all other remedies available to the City, this Contract shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 13. PRODUCT LITERATURE: Bidder shall submit with the Bid, product litenature based on the Model submitted for the stated Manufacturer or Make or "approved equal" items offered. Should the literature be omitted from the Bid proposal, Bidder shall submit within three (3) calendar days when requested by the City. Literature should be clearly marked as to each item number. Failure on the part of the Bidder to submit the requested literature will result in their Bid being declared non-responsive. 14. UNDERWRITER'S LABORATORY (UL): Items may be tested for compliance with specifications. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. IR Page 229 of 408 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts -F.Pr , pxar Boynton Beach as Additional Insured. This is of by providing a Certificate of Insurance listing the City as "Certific Holdee' and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providi insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: .4n insurance contract or bin maybe accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types4. insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, a the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based up identified risL) TYPE (Occurrence Based Only) MINIMUM LIMITS REOUFNET General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined it Autos Trailer Interchange 50,000.00 Non -Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Aggregate $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form ------------------------------------------------------------------------------------------------------------------------------------------ Aggregate to be determined Worker's Compensation Statutory Limits Employees Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 ------------------------------------------------------------------------------------------------------------------------------------------ Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk ------------------------------------------------------------------------------------------------------------------------------------------- Limits based on Project Cost Other - As Risk Identified ------------------------------------------------------------------------------------------------------------------------------------------- to be determined INSURANCE ADVISORY FORM 10 Page 230 of 408 Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 Bid Title: BAUER (OR EQUAL) AIR COMPRESSOR FOR FIRE STATION 2 Bid Number: 01 1-2210-16/JMA Bid Received By: DECEMBER 15,2015 NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: December 15, 2015, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: haeumAd Air Federal I.D. Number: Uonuu j A Corporation of the State of: CV&rl Telephone Number-. Area Code: 1959 FAX Number: q-zcf - Mailing Address: xibb i*1AC-a,#.Vjr-7L City/State/Zip: Vendor Mailing Date: E -Mail Address: jnpftAsejAW.S0i2i2bfS-C&ft Authorized Signature Mi AneTyred NWWW==1'10 Is The City of Boynton Beach Bid No. 011-2210-16/JMA 15 Page 231 of 408 PRICE PROPOSAL FOR BAUER (OR EQUAL) AIR COMPRESSOR FOR FIRE STATION 2 011-2210-161JIVIA RAN, V 011000-31MIR =21 :' 11 1 11 PLEASE INDICATE AIR COMPRESSOR MODEL No. AND MANUFACV4112P.: > Set-up and calibration of Air Compressor, and > Training of Fire Department Personnel. Written Amount WARRANTY DAYS YEARS EQUIPMENT: 5 - LABOR l a s 5 16 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid No. 011-2210-16/1MA Page 232 of 408 Bidder agrees that the air compressor will delivered within calendar days after the Purchase Order has been issued. AIL %a 111F AI/ 111,11116, cdmPANY NAME SIGNATURE TELEPHONE NUMBER f4p ) q FAX NUMBER, - s6rm PRINT -ED NAME I: all FA R, V-1 ro ro 17 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid No. 011-2210-16/JMA Page 233 of 408 State of County of Se ® that: ............. .. being first duly sworn, deposes and says 1) He/She is V'O of 6AZ .�Title) (Naine of Corporation or Pirm) ,III jliiilj� i III! 2) He/She is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this afflant. (Signed). qPzYIAti4 �) Subscribed ands to before me (Title) day ofPew 2015 fflff-T4 809-� I, the undersigned hereby duly sworn, depose and say that no portion oft sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly orindirectly by me or any member of my firm or by an officer oft corporation. By: NAM -'§IG3%NATU E Sworn and subscribed before me this day of I)ffZM V 20 L61 7;;71rjj k,A ..tel.' I TITLE THIS PAGE TO BENs FOR BID PACKA TO BE CONSIDERED COMPLETE AND ACCEPTAB The City of Boy'hion Beach Bid No. 011-2210-16/JMA I W Page 235 of 408 This requested form is to be made a part of our files for future use and information. Please fill :ji,ut and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid 7esponse. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER (Specify) 01[01l " ,-, 4� Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO 'f YES. NAmBAlim 20 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid No. 011-2210-16/JMA Page 236 of 408 0 ZI AINJAA1111[91,11 Its] oig & . - 1!WLSMM 7 jaws] j - W IMI I I'lud are Bowtw-s vrrfv� pal -1 Iq processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 01 Vendor's Signature 21 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid No. 011-2210-16/JMA Page 237 of 408 • Mo - rM0-"rzT.TAi•MWE The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. 0 Title: VP Date: 22 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid No. 011-2210-16/JMA Page 238 of 408 If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. ADDRESS: TELEPHONE: SIGNATURE: DATE: Specifications too "tighti.e., geared 'toward brand or manufacturer only (explain below) SOME== avi [41 23 Page 239 of 408 M=' 4 and 5 -Stage High Pressure Breathing Air Compressors Pressure up to 6000 psig up to 414 bar Charging Rate 9.7 to 42 scfm 275 to 1190 I Power 7.5 'to 30 hp 5.6 to 22 kW UNICUS Of cyllender rechairging station is THE TOTAL SYSTEM for refffling high or lovu pres- sure SC8A ov SCUBA cylinders. Tj,!�-, intenravedi , -!em (Jesign com- Y bines a BAUCIF R hi,r, pl*essij,-,,-l"orcipreE, - eocx BAUER brei tthing ai.o, p,-;Jrificai'O,1'i MrieperwIlerOUy V --, d! for safetti, i UL" f--!ec-,wca! issefribly arvi 1hQ PrOvEr, for per frxr,wiancc- the UNIW-US' 4 the nv),A adv;jnCc4J f;f1,1v,ath1-.o% BAUER COMPRESSORS INC. MMMMM King[= STANDARD SCOPE OF SUPPLY AVAILABLE ACCESSORIES (factory installed) BAUER breathing air purification system with SECURUS ) CO monitor BAUER PLC based controller with multicolor touchpad display ) 75" high pressure cabinet enclosed hose reel NEMA 4 rated electrical enclosure )Additional air storage cylinders with ULO listed control panel Panel mounted remote fill hose connection Compressor low oil pressure and high temperature safety shutdowns DIMENSIONS L x W x H inches (mm) )Emergency stop push button ) UN 111/1 OH-El/E3 - UN 111/26-E3 3, Hinged cascade fill control panel with 90 x 36 x 77 (2286 x 914 x 19 56) lexan laminate air flow/fill schematic ) LIN 111/42-E3 and UN 111/35H -E3 Audible alarm on safety shutdowns 102 x 50 x 77 (2591 x 1270 x 1956) )Inlet filter maintenance indicator WEIGHT pounds (kg) )Automatic condensate drain system with non -corrosive UN 111/1 OH-El/E3 - UN 111/26-E3 3350 - 3695 (1520 - 1676) condensate reservoir and integrated float sensor. UN 111/42-E3 and UN 111/35H -E3 5500 (2495) Automatic "Full" indication and compressor shutdown Two ASME code stamped air cylinders installed in an integral rack designed to hold four cylinders UN 111/26-113 264 Sound attenuating enclosure with slam -action latches and lift-off type hinges NFPA 1901 Compliant Three position Containment Fill Station accommodates SCBA or SCUBA cylinders up to 31 " overall length Technical Data Model Charging rate') Number Motor FAD2) RPM Purification of stages system scfm I/min hp kW 5000 psig (345 bar) AP UN 111/26-113 264 748 4 20 is 22 1350 PS SECURLIS 6000 psig (414 bar) UN 111/13H-EI/E3 13 368 4 10 .7'5 '10,8 1420 P2SECURUS UN 111/25H -E3 25,2 714 5 20 15 21 1300 PS SECUITJS 1) Based on recharging an 80 cubic foot tank from 500 to 3000 psig. 2) Compressor capacity referenced to standard inlet conditions. El = Single Phase Electric, 230 VAC160 Hz. E3 = Three Phase Electric, 230/460 VAC/60 Hz. Other voltages available on request. Dimensions and weight are approximate and are subject to change. BAUER COMPRESSORS INC. BAUER MIAMI BAUER SAN FRANCISCO 1328 P,,z31e& Gbrden Rd. 1 Norfol?, VA 23502 10052 N.W. 53rd SL I Sunrise, Ft.. 33351 267 East A, iruay 13;v6. I Liverrric-P, 1:T, 94551 TEL. +1 (757) 855-6006 TEL, +1 (954) 746-2504 TEL. +1 (925) 449-7210 FAX +1 (757) 857-1041 Fi'X +1 (954) 746-2510 FAX +1 (925) 449-7201 UN III sls@bauercomp.com bfisales@bauercomp.com bauersf@bauercomp.1-om 149.10.03.3 -SP www.bauercomp.com .: Page 241 of 408 6. K. CONSENTAGENDA 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on January 5, 2016. EXPLANATION OF REQUEST. The City Commission met on January 5, 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 1-5-16 Action Approved Date 1/6/2016 - 4:01 PKA Page 242 of 408 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON TUESDAY, JANUARY 5, 2016 @ 6:30 P.M. Jerry Taylor, Chair Joe Casello, Vice Chair Commissioner David Merker Commissioner Mack McCray Commissioner Michael Fitzpatrick A. Call to Order - Mayor Jerry Taylor Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim City Clerk Mayor Taylor called the meeting to order at 6:30 p.m. and wished all a Happy New Year. Invocation by State President, Andy Lustig, State President of the Church of Jesus Christ of Latter Day Saints, gave the Invocation, Pledge of Allegiance to the Flag Commissioner McCray led the Pledge of Allegiance to the Flag. NEMOZ= 1. Additions, Deletions, Corrections � ,I Commissioner McCray moved to approve the agenda. Commissioner Merker seconded the motion that unanimously passed. Page 243 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida 2. OTHER A. Informational items by Members of the City Commission January 5, 2016 Commissioner Fitzpatrick advised he missed the last City Commission meeting because he was in Europe. While there, he spent a week touring the Battle of the Bulge. He found it interesting, but depressing to see so many deceased soldiers. Vice Chair Casello wished all a happy, healthy New Year He praised Annette Gray for her GBDC Leadership program which exposed students to city and local governments and business programs. He noted the students are future leaders and the City endorsed the program. Commissioner Merker commented beginnings could be exciting, undefined or scary. He did not know what the year would bring and wished all a healthy, happy New Year, filled with joy and excitement. Commissioner McCray wished all a happy, safe and prosperous New Year. He apprised the public St. John Missionary Baptist Church has a new Pastor, Reverend Jovan Tyrone Davis. His family relocated from New Jersey and he gave his first official service on December 31, 2015. He thanked Police Chief Katz and his department for traffic control. Commissioner McCray commented over the holidays, a young man died three blocks from his home, but he would discuss positive events. He recalled Mike Rumph started off his football career by playing PAL football and then played for Atlantic High School, the University of Miami and was drafted by the San Francisco 49ers. After five years, he was traded to the Washington Red Skins and finished his career with the St. Louis Rams. He became the head coach at Plantation High School and two weeks ago, was featured in the Sun Sentinel as Coach of the Year. He is now the new quarterback coach for the University of Miami. Mr, Rumph grew up in Boynton Beach, his family lives here and he should be congratulated. Commissioner McCray also thanked his fellow Commissioners for approving his $1,000 donation for the Dimensional Harmony Choir to go to London. At one point the Choir was $151.000 short. He prayed and a donor provided the remaining funds. The students were representing the City, and he praised the City for investing in its young people. He had a sirnilar situation when he was in school regarding a school safety patrol trip to Washington DC. He did not have the funds to go and an anonymous donor provided them. He expressed the experience encouraged him to offer his assistance to youth whenever possible. 2 Page 244 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 A. Announcement of the Martin Luther King events to be held in January. Eleanor Krusell, Communications Manager, played a short video reviewing the MLK events: • On Saturday, January 9th, a parade down Seacrest Avenue starting at 11 am. on Boynton Beach Boulevard and ending at the Carolyn Sims Center followed by a Health Fair focusing on men's health hosted by Pathways to Prosperity. Food and music would be available as would health screenings for the entire family. • On Friday, January 15th, Music on the Rocks, a free concert featuring Pocket Change will perform at the Boynton Beach Amphitheater from 5 p.m. to 9 p.m. It is a family event. • On Saturday January 16th, a Celebration of Unity, including a concert and festival celebrating the City's diversity and unity. • On January 17th the Living the Dream Gala will take place at Benvenuto Restaurant from 6:30 p.m. to 9 p.m, • On Monday, January 18th, the MILK Makeover Project will take place. Volunteers will paint a number of homes on MLK. The events were promoted at the amphitheater during the concert series, aired at local churches, and posted on social media outlets, Michael Norwood, Chair of MILK Committee, thanked Mayor Taylor, the City Commission and the CRA on behalf of 2016 MLK Celebration Committee for their support of this year's events. He thanked the Boynton Beach Heart of Boynton community, Pathways to Prosperity and the Boynton Beach Ministers Coalition for their assistance. He noted the Committee expanded from five members to 25 members this year. He praised the City Manager and staff, especially Eleanor Krusell, for her help. B. Proclaim every Monday as "Family Night" Boynton Beach. Florida State President, Andy H. Lustig, will be present to accept the Proclamation. Mayor Taylor commented just before the holiday, a meeting was requested by Mr. Lustig to discuss family life and some of the problems in society. Mayor Taylor felt many issues were the result of a breakdown in families across the country as many of them no longer sit down to eat or talk together. They suggested proclaiming Monday night as Family Night in Boynton Beach as a step to address the issue. Andy Lustig and Linda Yates were present to accept the proclamation as read by Mayor Taylor. Pastor Lustig thanked him and the City Commission for their efforts to make Boynton Beach a family -friendly City. He indicated when the family works together, youth will be strong. Ms. Yates agreed the makeup of the family gives youth the seeds to weather life. R1 Page 245 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 C.- Proclaim Sunday, February 7, 2016 as Robert E. Wells Day. Mayor Taylor requested Minister Wright accept the Proclamation as Minister Wright brought the request for the proclamation to the City's attention. Mayor Taylor read the proclamation and commented the history of Boynton Beach is important. Victor Norfus conveyed from 1880 to 1920, over 12,000 Bahamians settled in Dade County.. ;n 1880 Robert Wells, a distinguished merchant/sailor who was born in the Bahamas, purchased land in former North Dade County on the south end of Lake Worth. in 1890 he built a home for his wife Elizabeth and cut a trail called Wells Avenue. He owned a large apartment building and general store on Wells Avenue which was renamed to 10«' Avenue and later renamed to MLK Jr. Boulevard. Robert and 'Elizabeth Wells had one son, Harry, born in Boynton Beach. Harry married Ora Hannah who lived with Robert and Elizabeth. After Harry died, Ora and her two sisters, who were Robert's daughter in-laws, moved in with him. Harry and Ora had one daughter, Juanita, born in 1925, who married Joseph Wright. Joseph and Juanita Wells Wright are the parents of Bernard E. Wright, born in 1952. Robert Wells petitioned for a St. Paul African Methodist Episcopal (AME) Church and on February 5, 1892, a church was established with the congregation meeting at his home. In 1894, Mr. Wells constructed the first St. Paul AME Church on the northeast corner of US 1 and Boynton Beach Boulevard. Black residents lived along Federal Highway and farmed along the Intracoastal. They planted fruit tree orchards and vegetable gardens from the Boynton Hotel on Boynton Beach to Federal Highway. In 1925, segregation laws were passed forcing Blacks to move. Reverend Butler, who founded St.. John Missionary Baptist Church, moved to Wells Avenue and Boynton Colored Town was created from Wells Avenue to the canal and from Federal Highway to Seacrest. The church was relocated to Wells Avenue to land donated by Robert Wells. Wells Avenue was then the Main Street for Boynton Colored Town and through the years, Black businesses, such as the Continental Club, featured entertainers such as Sam Cook, BB King, Ike and Tina Turner and variety tent shows from 1904 to 1957. Robert Wells valued education and he and others requested a Black teacher from the Dade County School Board. A teacher was sent and on September 7, 1896, Boynton Elementary School, a one -room building on Federal Highway near what is now known as 3rd Avenue was established. When segregation laws were passed, the school was moved to Wells Avenue and the name changed to Boynton Colored Elementary. When the community outgrew the school, it was moved to Green Street, currently known as Seacrest Boulevard. In 1963, Civil Rights Laws were passed outlawing segregation and the school to name was changed to Poinciana Elementary School. 0 Page 246 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 Mr. Wells attended the April 14, 1920 document signing incorporating the Town of Boynton Beach. Since Blacks were not permitted to attend City Commission meetings, they formed their own City Council for Boynton Colored Town called the Boynton Negro Civic League. Robert Wells was elected to the League and was its first leader. They petitioned the City to address various community issues such as street paving, lighting, electricity, water and sewerage and held community events and celebrations. After the civil rights laws were passed outlawing segregation, Boynton Colored Town no longer existed and the Boynton Negro Civic League was dissolved. Robert Wells owned land and businesses near Federal Highway. In 1925, the City platted the property as the Wells subdivision and platted other subdivisions where other Black residents lived such as the Meeks, Andrews and the Meeks Andrew subdivision. Wells Avenue had two churches, a masonic lodge, and the elementary school. The Heart of Boynton was a vibrant, thriving community thanks to Robert E. Wells. Minister Wright thanked all and commented this proclamation immortalized history. It brings a spirit of restoration to the City and he wanted his family's legacy honored. He thanked Warren Adams, Historic Preservation Planner, and the Boynton Beach Historic Resource Preservation Board. He advised a website about Boynton Colored Town was being created through a Historic Preservation grant. He wished all a Happy New Year and expressed his hopes for bigger and better things for the City of Boynton Beach. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Lori Wilkinson wished all a happy New Year and invited all to Barrier Free Park on Congress Avenue on February 3rd, for the 5K Walk, Run and Roil. The purpose of the Park was to provide children and adults of all abilities a place to play together. The Park is accessible by wheelchair and the equipment is wheelchair accessible. The Race was to raise money to improve and expand the Park. She advised special guest, Bella Nicole, a wheelchair bound child, would be present in her magic wheelchair, fashioned as a Cinderella Carriage that was donated and built by Mathew Stowers. Ms. Nicole will escort everyone and start the race. She distributed information about the event and requested teams be assembled to support the Park. Jean Ruzycki, SW loth Avenue, was excited with new construction coming to Boynton Beach. She thought it was a great time to establish a downtown area with Historic Boynton High School as its gathering and activity center. She commented they need a few people to approve the restoration of the Old High School and hoped the Commission would cherish its history and approve it when it comes up for a vote. She noted the Old School Square in Delray Beach and wanted to see one in Boynton Beach. 5 Page 247 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 Ray Whitely, representing the Boynton Beach Coalition of Clergy, 239 NE 12th Avenue, thanked the City Commission for the proclamation given to Minister Wright and announced the New Disciples Worship Center was hosting a Candidate Forum on January 25th starting at 7 p.m. Mr. Whitely explained it was important for the candidates to know what the community felt was needed. Mr. Whitely conveyed the community was requesting the City Commission include funds for body cameras in the budget and require diversity and bias -based tests for officers to undergo during training. Training should include scenario -based training on a quarterly basis on topics involving the community and youth of color. He commented they support the citizens and Police Department, but noted federal funding for body cameras was very limited. He thanked the City Commission for their work and commented they have a role in sharing what the community wants. Pastor Richard Dames, President of the Boynton Beach Coalition of Clergy, 239 NE 12th Avenue, wished all a happy New Year. He thanked the City for assisting a family with seven children that recently had a house fire and for the City's assistance with a mother who was living in a car. He noted Commissioner McCray spoke about loss of a life due to a block party and advised he also received several calls about the block party from family members and parishioners. He commented whether block parties were legal or not, some people in the community expressed they were not wanted and were unnecessary. He was told the party started off well, but it finished badly. Parishioners and residents are afraid of these parties and had difficulty coming and going to their homes. He requested something be done. Commissioner McCray responded he, the City Manager and the Police Chief had discussed it and something will be done. Mark Karageorge, 240A Main Boulevard, agreed with the comments made by Pastor Dames as residents from District 11 approached him expressing fear about the parties. He appreciated Commissioner McCray's, Ms. LaVerriere's and the Police Chief's efforts. He also wanted to speak about Items 12A and 13A when they are heard and acknowledged Mike Rumph was now a coach for the Miami Hurricanes. He thought he would be a great asset to the City and would recruit in the area. Mike Ross, 3386 Quantum Lakes Drive, spoke about a block party on Christmas Day. He lives on the west side of 1-95 and started to hear very loud music in the afternoon. His wife determined it was coming from the other side of 1-95 and called the Police. They arrived and explained to her there was a block party, and they were hesitant to break it up because it could start a riot. Mr. Ross asserted the Police stand between civilization and anarchy, and they need to be re -empowered. He pointed out a dead body was found on a lawn later that night. Rather than purchasing body cameras, he proposed the Commission provide resources for more policing, district attorneys, and jails if necessary. He wanted law and order to be maintained and he commented they should be empowered to go in and do the job by any means necessary because the N. Page 248 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 public relies on them. Mr. Ross advised he did not have any hidden agenda, and had no police relatives or clients. He asserted the City employs a police force and they need to do the job they need to do. Commissioner McCray explained the event started as party at Sara Sims which was allowed. They thought only 100 people were coming, but the party was posted on social media causing 400 to 600 people to gather in one area, Commissioner McCray advised they will not issue any more permits for Sara Sims Park until the City gains control and until they see civility and stability in the area. Vice Mayor Casello advised he had asked the City Manager for a report from the Police Chief on what steps were being taken to discourage this type of occurrence again. Steven Grant, NE 3rd Avenue, was following up on his previous request to place recycling or trash bins in the Heart of Boynton. He contacted Code Compliance about the violation. He noted the subject properties belonged to the CRA. He also hoped there were more signs advertising the MLK events and did not think four days was enough time to notify the public that Seacrest Boulevard would be closed. He hoped it would be put in the newspaper and that the City promote it as well. Commissioner McCray explained the City applied for a permit to close the road. Mayor Taylor pointed out the closure was in the newspaper. Mr. Grart noted the Palm Beach County Commissioners approved an Ordinance to issue ciVI citations for small quantities of marijuana and inquired when the City would review the Ordinance and put it up for a vote. The Mayor responded it would be put on a future agenda. Susan Oyer, 140 SE 27th Way, at previous Commission meetings defined the words "preserving" and "protect.' She then defined "repurpose" as finding a new use or idea for a product or building. One advantage to preserve, protect or repurpose the Old High School is it attracts tourists to experience the spirit of the place. It generates workplaces and work for skilled workers. The building is environmentally friendly and performed better than new construction during hurricanes. She requested the City Commission preserve, protect or repurpose the Old High School. Reverend Bernard Wright, 713 NW 2nd Street, explained last year they celebrated MLK Jr. Day by feeding the City residents for free from 9 to 5. He requested the Police Department and City Commission contribute to the community events. The community was fellowshipping. He advised Boynton Beach is a peaceful place. He disagreed the Police should do whatever was needed during the block party because there will always be disputes. The parties involved were not from the Heart of Boynton and they had nothing to do with the event. He noted murders rarely occur in the City. They want to bring the community together in solidarity to stop the violence. Page 249 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 Victor Norfus, 261 N. Palm Drive, noted many different companies and business made proposals for the Old High/Elementary School and were turned down for various reasons that were successful elsewhere in Palm Beach County. He requested when the Commission thinks of the Old High /Elementary School, they should understand there is a change coming and they have to be part of the change. He commented you do not tear down everything that is old. History has a place in the future. He requested the City Commission not cancel block parties and suggested if there is a limit to the amount of people they could have, they should put it in writing and the Police must enforce the rules and interact with the individuals in the City. He agreed there have been a few murders, including his cousins a few years ago and wanted to know who was responsible. Commissioner McCray suggested Mr. Norfus discuss the matter with the Police Chief. There was also a shooting near his home which he did not like either. 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, Arts Commission: 1 Reg and 1 Alt Building Board of Adjustments and Appeals: 1 Reg 2 Alts Community Redevelopment Agency Advisory Bd.: 1 Reg Education and Youth Advisory Bd.: 1 Alt, 1 Stu and 1 Stu NN Golf Course Advisory Committee: 1 Alt Library Bd.: 1 Reg and 1 Alt Planning and Development Bd.: 1 Reg Recreation and Parks Board: 1 Reg Senior Advisory Board: 2 Regs and 2 Alts Veterans Advisory Commission: 2 Alts Commissioner Fitzpatrick moved to appoint Paula Melley as a regular member of the Community Redevelopment Agency Advisory Board. Vice Mayor Casello seconded the motion. M Page 250 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 Commissioner Fitzpatrick moved to appoint Richard Gonzalez as an alternate on the Golf Course Advisory Committee. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Commissioner Fitzpatrick moved to reappoint Deborah Hoban as a regular member on the Library Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Commissioner Fitzpatrick moved to change Kevin Fischer from an alternate member to a regular member on the Planning and Development Board. Vice Mayor Casello seconded the motion. Vote The motion unanimously passed. Commissioner Fitzpatrick moved to appoint Jeff Fromknecht as a regular member on the Recreation and Parks Advisory Board. Commissioner McCray seconded the motion. The motion unanimously passed. (Vice Mayor Casella left the dais at 7:38 p.m.) Commissioner Fitzpatrick moved to reappoint Stanley Gavlick as an alternate member on the Veterans Advisory Commission. Commissioner McCray seconded the motion and thought he had previously appointed Mr. Gavlick. M Page 251 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 Mayor Taylor suggested checking and asked for a vote in case he was not previously reappointed. Vote The motion passed 4-0 (Vice Mayor Caselld was not present for the vote.) Mayor Taylor moved to reappoint Robert Manson as an alternate on the Veterans Advisory Commission. Commissioner McCray seconded the motion. =1 The motion passed 4-0 (Vice Mayor Casello was not present for the vote.) 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. R16-001 - Authorize the City Manager to sign a Vendor Services Agreement for the software upgrade, migration and yearly maintenance/support of Laserfiche, the City's document management system with Information Consultants, Inc. of Miami, Florida for an initial one (1) year period with four (4) one-year renewal periods with the first year cost being $27,075. B. PROPOSED RESOLUTION NO. R16-002 - Authorize the City Manager to sign a multi-year Interlocal Agreement with Palm Beach County reference maintaining Common Talk Groups with the County and other Agencies in the southern section of the County. C. PROPOSED RESOLUTION NO. R16-003- Amend the FY 2015-2016 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for existing prior year Capital Improvement Projects (CIP) Purchase Orders. D. PROPOSED RESOLUTION NO. R16-004 - Authorize the City Manager to enter into an agreement with Resource Action Programs for the FY 2015-16 implementation of the WaterWise conservation program for all 5th grade students at schools within the City of Boynton Beach. The total expenditure for this venture is $39,360, as a sole source vendor. IN Page 252 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 E. PROPOSED RESOLUTION NO. R16-005 - Approve and adopt the City of Boynton Beach ADA Self Evaluation and Transition Plan. F. PROPOSED RESOLUTION NO. R16-006 - Approve a Resolution in support of Florida Senate Bill 904 supporting the installation of solar -powered, in -road lights in certain bicycle ways that are established, or within a specified radius of, an urban area. G. Approve a purchase order to A Cut Above Landscape and Irrigation Company in the amount of $45,163.25 for landscape improvements to the remaining six (6) Congress Avenue medians, Improvements are being made based upon recent designs by Kimley Horn. H. Approve the minutes from the Regular City Commission meeting held on December 15, 2015. I. Approve a one year piggy -back of the City of Stuart Bid No. 2015-293 for Chemicals for Water Treatment, with Tanner Industries Inc. of Southampton, PA with the same terms, conditions, specifications and pricing. Tanner Industries will provide anhydrous ammonia to the Utilities Department on an "as -needed" basis, for an estimated annual expenditure of $40,000. A. Award Bid #009-1412-16/MFD for "Purchase of Uniforms - Two Year Contract" to Red the Uniform Tailor and Seacoast Embroidery. The estimated annual expenditures is $166,000. Items are purchased on an "As Needed Basis". Commissioner McCray moved to approve. Commissioner Fitzpatrick seconded the motion. Commissioner McCray inquired about the balance in the account. Tim Howard, Finance Director, responded they purchase the uniforms and they are stored in the warehouse. As they are needed, the items are charged to the department. The cost is spread out among all the departments. Last year they spent $151,000, and this year they spent $181,000. Commissioner McCray noted there was a $9,000 balance. 11 Page 253 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida Vote The motion passed 4-0. (Vice Mayor Casello not present for the vote.) January 5, 2016 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 RESOLUTION NO. R16-007 - Approve First Amendment to the land development agreement between the City of Boynton Beach and SKYE at Boynton Beach, LLC that involves defining the developer obligations as part of a construction agreement between the City and FDOT for certain roadway improvements along South Federal Highway in FDOT Right -of -Way. Commissioner Merker moved to approve. Commissioner McCray seconded the motion. Mayor Taylor opened the issue for public hearing. No one came forward. Vote The motion passed 4-0 (Vice Mayor Casello not present for the vote.) A. Accept the FY2014/2015 Annual Grants Report (Vice Mayor Casello returned to the dais at 7:42 p.m.) Debbie Majors, Grants and ADA Coordinator, made a presentation highlighting 10 grants that were awarded totaling over $1 million. This past year, the City received four competitive grants totaling over $1 million and formula funding and other funds such as State Aid and Community Development Block Grant entitlement funds. Ms. Majors reported grant funds were used for the following: Seventeen pieces of equipment, five of which are wheelchair accessible, for the Fitness Zone at Barrier Free Park; im Page 254 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 • The Annual Holiday Shop with a Cop at Walmart and Smart Water Home Coding Instant Tracer Kits for the community; • A Maker Bot Replicator 3-D printer, used by youth in the Library for STEM programing, a display board for the Library to promote programs to the community and offering over 70 magazine titles to Library patrons using mobile devices or computers free of charge; • Free computer classes for 750 people at the Senior Center; • Historic preservation allowing the public to access the City's history via cell phone or iPad; • An electronic, patient care, reporting system for the Fire Department to streamline emergency care and for three new Powerpro ambulance cots to transport patients; • Summer camp scholarships to enable 30 students to participate in Recreation and Park field trips and summer programs; • Economic Incentive funds to Copper Top Brewery for the purchase of equipment and creation of low to moderate -income jobs over the next three years; • SHIP homebuyer assistance for the purchase of a home on SW 9th Avenue; • Planting of 175 native trees at the Golf Course. Over 1,000 trees were lost at the Golf Course due to past hurricanes; and • The Galaxy E3 Elementary School Scrub Club environmental education program, Ms. Major advised staff proposed to submit 15 grants in 2016 totaling just under $2.5 million. Members of the grants team were recognized, Mayor Taylor complimented Ms. Majors and the team for obtaining these funds for the City. B. Presentation by Boynton Beach Utility staff of the Fiscal Year 2014-2015 Year End Operations Report Bevis Pigott, Treatment Operations Manager for Boynton Beach Utilities, noted the report was for 15/16 not 14/15. Mr. Pigott explained the Utilities Department tracks employee safety based on the number of full-time employees. The target incident rate is 2.0 and the actual was 3.6; fairly well compared to previous years. The incidents were due mostly to slips, trips, twists and falls. Treatment operations showed the existent usage of raw water usage was significantly below the Consumptive Use Permit requirements and was good. The water distribution pressure was about 60 pounds per square inch and the target was normally 50. The water distribution chlorine residual target was 3.4 milligrams per liter and they were well above that. Anything that drops the chlorine residual below the target is investigated to resolve the issues. Field operations showed unplanned water main outages. The target was less than 30 per month and they averaged slightly over four per month for the year. Water quality complaints are tracked and usually relate to seasonal residents having to flush their faucets to resolve. 13 Page 255 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida There were no sanitary sewer overflows during the last fiscal year, ranking the City in the top 5% of similarly sized systems. Major projects completed in 2015 were the Central Seacrest Corridor Neighborhood Utility Improvements; Raw Water Main Segment B; the Lake Boynton Estates Utility Improvements; Pence Park Lift Station Project; and the Reclaimed Water Main Extension to High Point. The Central Seacrest Corridor Neighborhood Improvement project was completed five months ahead of schedule, $176,000 below budget and included installation of water distribution mains, storm water pipes, swale restoration, installation of new fire hydrants and transfer of some water services. Raw Water Main Segment B was Phase 11 of the installation of the raw water main from the western well field to the East Plant. The project was completed on schedule and approximately $176,000 under budget. The Lake Boynton Estate project was completed six months ahead of schedule, $287,000 under budget and included installation of water distribution mains and fire hydrants. The Pence Park lift station project including a new lift station and associated piping and pumps was completed three months behind schedule and $51,000 over budget due to several other parts to the project, including an architectural wall, landscaping and related irrigation. The High Point Reuse Extension was on schedule and $1,275 over budget. The overrun was due to damage to an unmarked, unknown water pipe. Projects under construction or design were: • The final section of the Raw Water Main Segment C. It is a $7.6 million project that should be completed by August 23, 2016. 0 The Water Plant Capacity and Regulatory Upgrade has started. • Staff was reviewing plans and specifications for the Master Lift Station Rehabilitation and the project would be bid in February 2016. * The Force Main Value on Congress Avenue should be finished by January 2017. • The Reuse Distribution System included the High Point Extension and was an 8 million gallon per day program that had a five-year work plan that would be I completed by September. • For fiscal year 15/16 water distribution improvements were planned for the San Castle area with concept designs underway and was budgeted for about $500,000. Stormwater improvements were budgeted for about $2 million for the North and South Road projects. The bid would be issued in February 2016. 14 Page 256 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida • The NE 20th Neighborhood Utility Improvement budget cost $1 million and should be done by September. The Venetian and Treasure Isle projects had a budget of $850,000 and construction already started. The NW 1st and 2nd Street Stormwater Improvements had a budget of $1.1 million and should be completed by September. He noted the Florida Department of Transportation was participating in the project. Overall budget performance showed total revenues were about $3.5 million above the adopted budget due to increases in the customer base, and they aggressively pursued past due account collections. Expenditures were $2 million less than the adopted budget, due to vacant positions, reductions in uncollectable accounts and operational cost reductions. Water costs, per 1000 gallons, were below budget due to water purchases from Palm Beach County, preventative maintenance in the distribution system and vacant positions. Sewer costs were above the budget due to overtime costs from staff shortages and underestimating the seasonal wastewater treatment and disposal costs. For the year, the total expense was 4% below the budget. Capital expenditures closed the fiscal year with $16.4 million and revenues were $3.5 million above the budget. Utilities staff published a 12 page report on citizen communication and encouraged residents to review the report. Staff attended homeowner association meetings and held neighborhood meetings to discuss ongoing projects and used social media. The Community Rating System (CRS) audit was completed and staff was hopeful the City's rating would result in savings for flood insurance. They also implemented a new Interactive Voice Response System. Vice Mayor Casello explained, in the past, he received calls about customers receiving double bills and asked if that was addressed. Collin Groff, Utilities Director, responded they have had issues with the billing system and looked for a third party vendor that handles address corrections. Vice Mayor Casello inquired if the City shuts off water services leaving families without water over the weekend and learned the policy allows for shut offs Mondays through Thursdays by 5 p.m. so customers Could pay the bill on Friday. This year they anticipated $400,000 in bad debt, but the reason they did not write anything off was they were aggressive on getting customers to pay their bills on time and advising them of the consequences, The department provides a lot of notice. They have staff available 24/7 to turn water off and on, but noted there is an extra fee to turn water on after hours. ip Page 257 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 Vice Mayor Casello asked if staff considers hardships, and learned staff has some discretion with late bills. If the customer agrees to make payments and go through a process, the water will be turned on. Staff has no discretion with routinely slow or non- payment customers. Vice Mayor Casello inquired about construction on the new plant project and learned it was going well. It was still on budget and staff would hold an open house near the end of February. He speculated the project should come in under budget. Commissioner McCray asked about the $500,000 for the NE 20th Avenue Stormwater Improvement project and learned there were several projects combined in the budget under one line item that had been separated out. The project is budgeted for $1.1 million and a bid will be issued. The cost had decreased so they adjusted the budget down. Commissioner Fitzpatrick commented there were citizen complaints about Pence Park. Mr. Groff explained it is the contractor's responsibility and the contractor had to meet with permitting agencies. They finalized the permit, so they had to address the issues. As for cracks in the foundation, Mr. Groff was unaware if there was a lawsuit filed, but commented the contractor was working with the duplex owner to solve the problem. Commissioner Fitzpatrick also commented Pence Park is a longstanding park. Taking one acre of park land in a high density area is a quality of life issue and he believed the land should be replaced in the future. Mayor Taylor appreciated the report and praised staff for taking on so many projects. He liked that projects were completed on schedule and under budget. City Manager LaVerriere recognized Mr. Pigott, a seven-year employee, engineer and manager. As part of leadership development, managers would be rotated to make presentations to the City Commission. 11. UNFINISHED BUSINESS -None Vice Mayor Casello, noted Fire Station No. 3 on Congress Avenue and Miner Road was reopening Thursday and asked what preventative measures were being taken to stop this issue from closing facilities. Jeff Livergood, Public Works Director, explained there is a three-part process under discussion with the City Manager. Public Works is responsible for the maintenance, structures, utility components and mechanical systems within the building and has a responsibility to investigate, identify problems and maintain the systems. Public Works will work with occupants and employees there to help them identify problems and submit work orders to Public Works earlier. The buildings are old or aging. He commented the City Commission has to make major decisions about some of the fire stations and other buildings. Mechanical and roofing systems have to iry Page 258 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 be maintained to Code and would be addressed through the capital improvement process. A more aggressive stance will be taken next year. 12. NEW BUSINESS A. Commission discussion and review of temporary signs - feather banners Vice Mayor Casello recalled last May, the City allowed a six-month trial period for feather banners and extended it again. He thought the second extension made them permanent but it did not. Mayor Taylor favored reinstating the Ordinance. Commissioner McCray also favored the feather banners. Mark Karageorge agreed with Vice Mayor Casello and explained the signs help the business community. Joe Hurtuk, Owner of Boardwalk Italian Ice and Creamery, explained they put up a feather banner, but Code Enforcement made them remove it. He suggested if the City is going to make the signs permanent, Code Enforcement should be there to ensure the banners look as good as possible. He did not want dirty, ripped, torn or tattered banners. He agreed the banners help increase business. Mayor Taylor agreed and suggested business owners be made aware they can install banners and Code would permit them. The City Commission will approve the Ordinance. B. Approve the release of the following land parcels to Habitat for Humanity of South Palm Beach as requested by the CRA: Lot 22, Block 13he Frank Webber Addition to Boynton Beach PB 9, Page 3 - PCN 08- 43-45-21-25-001-0220, and Lot 23, Block 1,The Frank Webber Addition to Boynton Beach PB 9, Page 3 - PCN 08- 43-45-21-25-001-0230 Mayor Taylor read the item and commented the parcels are in the Model Block Program. i Commissioner McCray moved to approve the release. Commissioner Merker seconded the motion. Commissioner Fitzpatrick announced he did not believe the City should subsidize single family homes as it was not best the use of scant resources. Vice Mayor Casello noted, for tax purposes, the City was not receiving anything for the land. Once a home is constructed, it will be a revenue generator for the City. ilh Page 259 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 Steven Grant, NE 3rd Avenue, inquired if the CRA held an auction or made land available for sale to anyone other than Habitat for Humanity. Vivian Brooks, CRA Executive Director, explained Habitat for Humanity provided a letter of interest to them. Under Statute, the CRA had to advertise the transaction for 30 days, and the City Commission has to approve it. The motion passed 4-1, (Commissioner Fitzpatrick dissenting.) 13. LEGAL A. Discussion and direction to exempt gated private residential communities from public art fee. Draft ordinance is attached. Mayor Taylor received a letter from Hunters Run advising they remodeled their clubhouse. Under the Art in Public Places Ordinance, they were assessed an art fee. Hunters Run installed over $8,000 in new art during the remodel, but the Ordinance indicated they owe another $17,000. Hunters Run contends they should be exempt because it is a private community. Mayor Taylor understood when they passed the Ordinance it was to attract people to the community, but pointed out the public could not view the art, only the residents. He discussed the matter with the City Attorney and one option would be to exempt gated communities from the Ordinance. Commissioner McCray learned Hunters Run was developed in 1979 and explained when the first and second Ordinance was first adopted in 2005 and 2007 it did not say anything about gated communities. He stressed the project was a remodel, Hunters Run was already constructed, and he did not think they should be penalized. Commissioner McCray pointed out it was for new construction and projects on right-of- ways that the public could access. Vice Mayor Casello noted he had large communities in his District that were not gated and asked if they would be exempt from the Ordinance if they made improvements and learned they Would not. He thought they were narrowing the exemption to gated communities and suggested changing it to residential areas. Mayor Taylor responded the Ordinance would affect the entire City and noted they were building residential and mixed-use projects with areas open to the public. Vice Mayor Casello pointed out the Meadows and Boynton Lakes were no different than Hunters Run other than the gate and he questioned why they would be subject to an art fee and not gated communities. Commissioner Merker announced he supports art in public places. The program is important in Boynton Beach and as development occurs, it will be more important. He thought new development and projects on public thoroughfares should be required to pay the fee, but the fee for common structures within gated and restricted residential Page 260 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 communities, including Leisureville and Village on the Green, were different. He favored exempting gated communities and restricted residential communities. He wanted staff to explore these exemptions, analyze them, and identify alternative revenue sources to replace the loss of program revenues. Other communities that are not gated are actually gated in theory. Commissioner Fitzpatrick asked for a staff recommendation and City Manager LaVerriere explained the item was for discussion. Staff had not commented on the item. Mayor Taylor had requested the item come before the Commission. If there are amendments, staff should look at them because there will be financial impacts. They also have to discuss if amendments would be made retroactively. Commissioner Fitzpatrick thought most public art projects are in the CRA area and suggested it be tabled for the CRA to address. Mayor Taylor explained the City Commission never considered gated communities. The $17,000 fee is being held in escrow. He noted Hunters Run installed a significant water feature at its entrance when it was developed and it was done without an Ordinance. Mayor Taylor thought they should be exempt. If not, they should apply the $17,000 back to the water feature. Commissioner McCray noted a few months ago, Hunters Run appeared before the City Commission and presented them with a check for $20,000. He thought it was poor to penalize a community for $17,000 when they donated $20,000 and it was pointed out they donate to the City every year. Vice Mayor Casello agreed Hunters Run is a great community, and he favored the exemption, but he was concerned about the non -gated communities and suggested tabling the issue to the next meeting and return with specific language. Mark Karageorge, 240A Main Boulevard, expressed concern if the Ordinance was amended a precedent would be set. There are projects that are approved that have not yet started and those properties would then add a gate to be exempt from the Ordinance. One such project was Casa Del Mar. Mr. Karageorge favored waiving the fee for Hunters Run as the community has helped the City each year with fire equipment, the Library and more. He thought the matter should be tabled and due diligence conducted. The fee would raise revenues, but not on the backs of the tax payer. Rachel Mondesir, Arts Commission member, requested the matter be tabled to give the Arts Commission an opportunity to do their own research and determine how the change would impact the program. She pointed out they have a public art survey that will be issued soliciting feedback from the community. They were also working on the Master Plan, They needed time to come back with more information. &*1 Page 261 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 David Katz, 67 Midwood Lane, understood the money generated by the fee does not go to the general fund, it funds the department and the art. Based on that, there is no need to table. He suggested exempting gated and large communities if they need to do restoration or remodeling, but exemptions, just because a community was gated, would not be fair. He thought they should amend the Ordinance and move forward. He agreed Hunters Run has supported the City for many years, and if they could legally forgive them the $17,000, they should. Mayor Taylor did not think the Arts Commission was hurting for money, Mayor Taylor passed the gavel and moved to amend the Art Ordinance exempting gated communities from the art fee and ask the City staff to review the change and come back to the Commission with information on any other additional amendments or exemptions that they think would be feasible and what are the pros and cons as far as cost. Commissioner McCray seconded the motion. Vote The motion passed 3-2, (Vice Mayor Casello and Commissioner Fitzpatrick dissenting.) I LTI Vice Mayor Casello explained he voted no and moved to propose a one-time exception to forgive the $17,000 and have staff come back with amendments on how to handle the other gated and non -gated communities, Mayor Taylor seconded the motion Commissioner Merker requested clarification the Commission voted that Hunters Run was exempt. Attorney Cherof explained Hunters Run was not exempt and he would return the Ordinance as drafted to the Commission for first reading while staff studied the impact on communities that are not gated. No action could be taken at this time, however, they can change the Ordinance in the future and make it retroactive. Part of the staff analysis would include refunds that may be due because of the amendment. Mayor Taylor amended his motion they make it retroactive to gated communities to 2005. Commissioner McCray agreed to the amendment. Attorney Cherof explained the second motion would not hold because they cannot exempt Hunters Run or issue a waiver or refund because there was no provision in the current Ordinance to do so. Vice Mayor Casello withdrew his motion Mayor Taylor announced the original motion passed. City Manager LaVerriere explained part of the staff analysis for first reading would include the financial impact of going retroactive to 2005. The Ordinance would be on the next agenda. NE Page 262 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida January 5, 2016 B. PROPOSED RESOLUTION NO. R16-008 - Approve Resolution designating Canvassing Board for March 2016 Municipal Election Motion Commissioner McCray moved to approve. Commissioner Fitzpatrick seconded the motion that unanimously passed. Commissioner McCray expressed his thanks for the ADA bathrooms. 14. FUTURE AGENDA ITEMS A. Discussion of beach re -nourishment at City's Beaches - January 19, 2016. B. Code Compliance Initiative - North Federal Highway - February 2016. C. Workshop with City Commission and City Staff concerning zoning designations and terminology (i.e. permitted uses, conditional uses, etc) - February 2016 There being no further business to discuss, Mayor Taylor properly adjourned the meeting at 8:48 p.m. (Continued on next page) 21 Page 263 of 408 Meeting Minutes City Commission Meeting Boynton Beach, Florida ATTEST: Judith A. Pyle, CMC Interim City Clerk Catherine Cherry Minutes Specialist 017, January 5, 2016 [a] I • a :• r I fol Z Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Page 264 of 408 6.L. CONSENTAGENDA 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of December 2015. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for December 2015: Purchase Order Vendor Amount 160588 WW Sod & Equipment Company $ 15,000.00 160592 Papico Construction, Inc. $ 10,750.00 160646 Madsen/Barr Corporation $ 17,755.00 160647 O'Brien, Suiter & O'Brien, Inc. $ 18,000.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT. Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 265 of 408 Is this a grant? No Grant Amount: ATTACHMENTS: Type Other REVIEWERS: Department Finance Finance City Manager Description Purchases Over 10K -Dec Backup Reviewer Action Date Howard, Tim Approved 1/7/2016 - 6:44 AM Howard, Tim Approved 1/7/2016 - 6:44 AM LaVerriere, Lori Approved 1/14/2016 - 12:46 PPA Page 266 of 408 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR DECEMBER 2015 1. Vendor: WW Sod & Equipment Company Purchase Amount: $15,000.00 Requesting Department: Golf Contact Person: Ron Tapper Date: 12/8/15 Brief Description of Purchase: We're converting from an older rotary mower to a newer reel mower which will provide a better quality and more efficient cutting of the slopes and roughs. The 7 year old John Deere mower we are currently using can then be designated for hard to get to areas in the rough. Source for Purchase: Three Written Quotes Fund Source- 411-2911-572-64-21 2. or: Papico Construction, Inc. Purchase Amount: $10,750.00 Requesting Department: Recreation Contact Person: Wally Majors Date: 12/8/15 Brief Description of Purchase: Annual tennis court maintenance for four Har -Tru courts at the Tennis Center. Source for Purchase: Three Written Quotes Fund Source: 302-4212-580-49-17 CP0244 3. Vendor: Madsen/Barr Corporation Purchaie—Amount: $17,165.00 Requesting Department: Utilities Contact Person. Colin Groff Date: 12/22/15 Brief Description of Purchase: A water main leak occurred in Waterside Village on Thursday, December 17, 2015. The leak created a large sinkhole in one of the development's streets in close proximity to its pool, tennis and shuffleboard courts. Due to the size of the repair and restoration and the immediate exposure to citizens Madsen/Barr was contacted to provide the required emergency repair services. These repairs are slated to be performed on December 21st and 22nd following cleanup operations conducted by utilities personnel. Source for Purchase: Bid #026-2821-14/JMA Fund Source: 401-2810-536-46-47 4. Vendor: O'Brien, Suiter & O'Brien, Inc. Purchase Amount: $18,000.00 Requesting Department: Public or Contact Person: Christine Roberts Date: 12/22/15 Brief Description of Purchase: At the request of City Commission we are replatting areas of the cemetary to create more plots. Source for Purchase: Three Written Quotes Fund Source: 631-3110-539-49-17 Page 1 Page 267 of 408 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 160588 BOYNTON BEACH, FLORIDA 33425-0310 D. 12/08/15 VENDOR 14429 SHIP TO: TO: WW SOD & EQUIPMENT COMPANY City of Boynton Beach 6201 SE 128TH AVENUE THE LINKS AT BOYNTON BCH OKEECHOBEE, FL 34974 8020 JOG ROAD BOYN BEACH, FL 33437 REQUISITION NO. 65343 ORDERING DEPARTMENT: GOLF COURSE/SFR DATE NEEDED: BID NO: COMMISSION APPROVED: LINE# QUANTITY UO M ITEM O. AND DESCRIPTION UNIT COST 1 1.00 EA 2012 TORO REEL MASTER 3100D 15000.0000 SIDEWINDER TRIM MOWER REMARX.9-. PUR.bb�bt� -USED TRI. . M':.',MbWg'R' D -U& . E PROCUREMENT SERVICES: I ACCOUNT No. PROJECT 411-2911-572.64-21 EXTENDED COST 15000.00 15000.00 Page 268 of 408 In Ln I rl H I ri ri a] a O M I \ \ I N N d r -I rl I 1 H I p at ®Oa I � �l z1 w ✓ 1 y ! H I a d Q I Q d d 1 1 I 1 r 1 I I Ea a o 0 0 MO I U HU I o 0 H W 1 0 0 z I Ln u, m I r -I rd I C14 I H I I d HHI O M H Vi I O 0 0 n® ' o 0 W , 0 a I o H Lon O H H 91 I ca N I H CY I a O yi I O 0 H1 0 RI z H I aKC ril 0 Q I (a I G+ a I a w w H I 3 to z r, 1 0 9 H R : Hz u] U] I H 1 I a 9 w 0 X 0 d z M wli I Ha RI zw I QHa I Hc�w 1 rnaN w ainH Oj I O aH \ 1 O w U] V] r Ma IX E -i U ® I Ph rki r1J ! 1 Fa Fq U IX 0 0 I Hw rD 0 d Fa a y / MC 2 pq FI I a O z 1 H O I O�IQ H WPO H H QI 1 HaE H O HI 00 H Fa I U V1 U I N 0 H paI OUC/] a I N rw P4 I µp H w 1 w hm I H U] N 1 F7 1 I I 1 1 B tl I I I r x-10 O 1 000 1 0 0 Io 0 1 In In 1 ri ri r tl tl I 1 I 1 1 1 a 1 1 1 f 1 0 tl o 1 •l• 1 0 I o I r -I 1 I i Iz 10 1 I H 1 I H I 1 � E t a 1 H 10 U I w 'W O Izwl I W 1 H I E1 1 Iz 1 1 10 I U 1 I U 1 I QI w I H E I Q a 1 aH I w aw 1 I U 1 wz ZNI d z I U H I B I I g-{ I N I � 1 N I r - Ln 1 H H I ri I � I O N UH I U ri d � tld I I I I I ri B H I Fa 1 -R in Page 269 of 408 H OLD • p 14 ► , l rd f f f 54 I 1 004 14-A 0 f • • VO Wd 04 ►:. f • # 91 CIL) 94 • M Fq Id WO 1 f • ► f • t. f in Page 269 of 408 CITY OF OYNTON BEACH + ! I! 7. $10,000 Requesting Department: Golf Course - Contact Person:, Sam Reep i'Explanation • '; • • from an older rotary mower to a newer - mower provide better usingiquality and more efficient cuffing of the slopes and roughs. The 7 -year-old John Deere mower we !are currently can thenbe designated f'hard-to-get-torough. Dollar f 15,000 ource, forbackup Three Written Quotations FX -1GSAA State • SNAPS • • •• ••' • •' ' - -' Contract Number: 'FundNOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Source• ; 411-2911-572-64-21 rw a. w6t.��!Date ..- Date Date. Page 270 of 408 WW SOD & EQUIPMENT CO 6201 SE 128TH AVE Okeechobee, FL 34974 R1717 =1M A Name Address CRY Phone 56l -W2-1936 UOTE -The Links at Boynton Beach PO Box 310 -Boynton Beach State FL ZIP 33425 Date 11119/2015 Order No. Rep FOB F_ _qty Description —Unit PlIce TOTAL F_ I Used 2012 Tom RM31 OOD SidevAnder Trim mower (676 hrs) $ 15,000.00 * AS IS WHERE IS NO WARRANTY Quote valid 30 days Su6TR_8I $ 15,000.00 Shipping �a,rnenta act no.. Tax Rate(s) EE EXEffP_T orn en C7, $ 15,000.00 11401110 cc 9 Expires I We appreciate your Burine Page 271 of 408 Global Turf Equipment, LLC 30434 Commerce Drive San Antonio, Fl- 33576 352-588-3092 352-588-3692 fax infb@globeltudequipment.con- N 8020 Jog Road Boynton Beach FL 3341 m 7349 Toro Reel Master 31 i 1 19,500.00 19,500.00 din 2011 Bulftln2011 S/N: 0$171-311000281 Hours: 2141 Includes: MID; 8 -blade 324nch DPA reels; lights 7279 Toro Workman HOX 1 17,000.00 17,000.00 in 2012 Built in2011 SIN: 07367-311 D00670 Hours: 1297 Includes: high-flow hydraulics Shipping INCLUDED 1 0.00 0.000 Discounts Discount-municipaUrnuftriunit -2,200.00 00.000 Special Instructions: Total 349300.00 -1M10- . R.- I RR i i wo .1 14C � I AF. L, 50.1. 1 t - W: 1i � Affif. i �W& IL-"] WE, A 11 funclonal and ready to use upon delivery. 90 -day major parts warranty on engines, transmissions, hydraulic pumps, hydraulic motors, spray pumpi. quote dDes not hold equipment - please contact your sales rep to reserve equiprmnt. Quote is validfor 10days. Page 272 of 408 • � E Summit Turt Equipment Co. 12521 Ivy Mill Road Reistersb. :0 0 �3 7Z — -- SW e9 5 ®—• Mw 5 tl a Page 273 of 408 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 1605-U BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/08/15 VENDOR 12539 TO: PAPICO CONSTRUCTION INC. P.O. BOX 384 PALM CITY, FL 34991 REQUISITION NO. 653 G5 ORDERING DEPARTMENT SHIP TO: City of Boynton Beach TENNIS CENTER 3111 S CONGRESS AVENUE BOYNTON BEACH, FL 33426 DATE NEEDED: I BID NO: I COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 10750.00 DL LASER GRADE & RESURFACE FOUR HAR-TRU COURTS Laser and resurface 4,ha-tru courts at.Tenni:s- Center. .Re�bve net -8, -line tapes S. and nai-.-1$ and dispose, in cuotQmerls. d-ump6u-;er,. Scrape algae f..tom ed.g....e.6 of -courts-and under needs as n0taded. Re .100se and .foreign material from the COU.rt, surface. and dispoidje on site.. Top. dress the. courts: us -.ng 2 tons. of.h.ar-.tru per court (8 tons tot Incorporate and.. groom new material With straight edge t 6 16vel zurface..: furnish and install :: h ringbone lin.e: ta ves and 1/2 al'amin-dur fia.-i 1 s to US.TA. re ions... Clean:and.'.. p4i*nt. net. PO8 ts and. . ........ low -install the eki.6tinq nets and center: straps. .Clean :th P...area...Dixing resurfacing:; : please coordihate irrigation: with crew.. .N. -net responsible for . providing . . necessary access. . with watex and electri c. available. 1.2 rno-nth. warranty on workuian$hipm arld materials REMARKS: ANNUAL TENNIS COURT MAINTENANCE PROCUREMENT SERVICES: A, / P.O. TOTAL: 10750.00 ACCOUNT NO. PROJECT 302-4212-580.49-17 CP0244 PURCHASING Page 274 of 408 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 160592 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/08/15 VENDOR 12539 SHIP TO: TO: PAPICO CONSTRUCTION INC. City of Boynton Beach P.O. BOX 384 TENNIS CENTER PALM CITY, FL 34991 3111 S CONGRESS AVENUE BOYN BEACH, FL 33426 EXTENDED LINE# QUANTITY UOM ITEM O. AND DESCRIPTION UNIT COST COST PROCUREMENT SERVICES: I '7,fflS- I P.O. TOTAL: ACCOUNT NO. PROJECT 302-4212-580.49-17 CP0244 PURCHASING Page 275 of 408 � � r C O a \ \ f N ri I .a f r H! tl G A � YI O I � e W I o I H r r-7 1 1 A r 1 B a r / 1 1 8 tl H SIVI 1 H I W / N ! 'H 1 :3 0 ! Hrn O ! 1 U ! H I { B 1 !. d: B in z 1 >4 1 H ! H 1 a HI 0 / W 1 1 f H I 1 D4 1 r a A I U1 1 d 1 e 0 s tl W I I z 1 W 1 U ! 1 cq a H a H I f I Z / O Q nW H H B O O ! W I H W 1 z ul Oz o P H w 1 1 1 P I ! r 1 g I U U I Iz z / B H H 1 I zNU t OHzr 1 I HH i I H51 1 UO U] I U i 1 HBO 1 U I 1 O r I U W `m 1 pig1 r O A 1 I � I 1 1 1 CMN 1 1 QIn�01 1 1 1y00 I 1 � 1 I 1 I 1 1 1 1 I I 1 1 1 W 1 1' 000 I O O C 1 z Ooo 10 0 0,00 1 H 1 H H O0111 1 H NInM 1 H R} r1 m r- I H d M 1n i ly` W 1 ' I a 1 I O' I I lW I I 1 ✓ti 1 Z 1 I 1 Q 1 H 1 W 1 1 W I H 1 a 1 1 W / z I 1 1 U I I U 1� 1 f 1 i r P 1 I r I O ¢ o ¢ 0 O In N r r 0 0 G U 44 W 1 0 4 U. :J 1 O: 1 Q0 1 In H N m 9 Page 276 of 408 75 a Z-474 aqAfffl� M5 Z-4 R, spa Requesting Department: Recreation and Parks Contact Person: Robert Willson Recommended Vendor Papico Construction Dollar Amount of Purchase- $10,750 Source for Purchase (check and attach backup materialsy---- Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source d Piggy -Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 130242125804917 Other contractual services. CP0244 Tennis Ctr-Resurfacing Department Head Date �Purchasing Agent Date Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 277 of 408 Recreation & Parks Department 0 Quantit Price each PURCHASING $ 0-$500 no quotes required — use credit card if vendor accepts GUIDELINES: $ 501-$1,999 3 VERBAL QUOTES (contact name & phone number required) $24,999 3 WRITTEN QUOTES (items over $10,000, must complete and attach the Reqnest far Purchases over $10,000 form) $ 25,000 & Up FORMAL SEALED BIDS BY PURCHASING Purchase of a single item over $750 must be made using a capital account (60 series) PRICE QUOTES (check one): VERBAL:1 WRrFTEN: (attach quotes) COMPANY NAME PHONE# REPRESENTATIVE AMOUNT 1-�A�IeA2 f V 2. 3. -rigS1 Drq 62, 772 -.?Co -�13,-p -Inwk 'a L--• **= Check he%for return of purchase order; return to VENDORNAlVlE.'(2jlei ieZ) VENDOR #ZA 620 � (if vendor not in system, a completed W-9 must be attached) ADDRESS: -IJ PHONE#:22a -,2 00 - 1,?�26 -�wi el 160 C 3-�IIIjd T Remember to u-;P'V. inventory Tracking Form, if appropriate, when you receive your items. Refer to department APM policy "Inventory Control" for details. F-MaTeM 0 li A o I I SARecmation & Parks\Sl 7IROJECT (if appli APPROVED BY: 9( Page 278 of 408 R EC R FAMMA L C&,WA W M R speawaft I'm tk^ CA"twoulon of Talk" COUM a ftW-%,g Tooks— sudad"a "WIV"Od for ouftw Facma h*ArVQz BaskeftwCl Shuff kbmd 0 Ptnq~ BOM - Hoday W --M ,qt�L �i-ptmmamoE T"�-:,LT,;S r�zjaar 3111 South Congress Ave. PROPOSAL A7 4MCFAL&SUZA email: fimlol@bbfl.us LASER GRADE & RESURFACE FOUR HAR-TRU TENNIS COURTS #1, #2, #5 & #6 Above ground irrigation Note: Our crews are not available during the Christmas/New Years Holiday time firame.. 1) Remove the nets, line tipes and nails and dispose the line tapes and nails in customer's dumpster.. 2) - Scrape algae from edges of court and under the nets as'needed. 3) Remove loose and foreign material from the court surface and dispose on she. 4) Top dree he courts using two (2) ton of Har-Tra material per courL (8 ton total) 5) Incorporate and groom new material with a straight edge to level the surface. 6) Furnish and install Herringbone line tapes and 2-1/2" aluminum nails to USTA regulations. Note: Please inform maintenance that Line Tapes no longer need to be stretched as in the past due to changes in the d6s]ign, and installation of moderri'line tapes. 7) Clean and paint the net posts and re41istall. the existing nets and center straps. 8) Clean the area. 9) During resurfacing pleasecoordiruite irrigation with our crew. Owner responsible for providing necessary access with water and electric available. 41, MM' 71 77IFIT �M- EA MZ AcceptaId ,.- I i 1) 0 L5 Box 384 - Palm City; Rorida 34991, - (772) 288-1823 Or 1-800-330-7274 - Fax: (772) 288-18t, Page 279 of 408 4MCFAL&SUZA email: fimlol@bbfl.us LASER GRADE & RESURFACE FOUR HAR-TRU TENNIS COURTS #1, #2, #5 & #6 Above ground irrigation Note: Our crews are not available during the Christmas/New Years Holiday time firame.. 1) Remove the nets, line tipes and nails and dispose the line tapes and nails in customer's dumpster.. 2) - Scrape algae from edges of court and under the nets as'needed. 3) Remove loose and foreign material from the court surface and dispose on she. 4) Top dree he courts using two (2) ton of Har-Tra material per courL (8 ton total) 5) Incorporate and groom new material with a straight edge to level the surface. 6) Furnish and install Herringbone line tapes and 2-1/2" aluminum nails to USTA regulations. Note: Please inform maintenance that Line Tapes no longer need to be stretched as in the past due to changes in the d6s]ign, and installation of moderri'line tapes. 7) Clean and paint the net posts and re41istall. the existing nets and center straps. 8) Clean the area. 9) During resurfacing pleasecoordiruite irrigation with our crew. Owner responsible for providing necessary access with water and electric available. 41, MM' 71 77IFIT �M- EA MZ AcceptaId ,.- I i 1) 0 L5 Box 384 - Palm City; Rorida 34991, - (772) 288-1823 Or 1-800-330-7274 - Fax: (772) 288-18t, Page 279 of 408 Welch Tennis Courts, Inc. World's Largest Builder of Fast Dry Courts Congrudion - Resurfacing - Lighdng - Accestories USTA - USPTA ASBA - T1Y FAST DRYING TENNIS COURT RESURFACING PROPOSAL Welch Tennis Courts, Inc. (hereinafter referred to as the "Contractor") proposes to furnish the labor, mYterials, equipment, and services necessary to resurface the following: four (4) "Fast Drying" Tennis Courts at: Boynton Beach Tennis Center in Boynton Beach, Florida. In accordance with, and subject to, the terms, conditions and specifications set forth below, the construction work is referred to in this proposal as the "Project." 1. COURT RESURFACING: The Contractor shall resurface four (4) fast drying tennis courts, each court measuring 60 feet by 120 feet. a. Scarify court surfaces as needed, clean court of all excess dead material, surface algae, mold other organic growth. b. Treat court with algaecide to inhibit future organic growth. c. Add approximately four (4) tons fast -dr) material on each tennis court; this material shall be placed with laser -guided grading equipment to provide a smooth and even surface. Level and compact court surface, leaving in ready to play condition. d. The existing line tapes and nails shall be removed and new line tapes shall be installed. If nails require removal by hand (missing nail heads or nails do not pull out when line tape is removed or new line tapes require pre -drilling each hole (determined if line tape nails bend during norm installation), a change order shall be issued for the additional work Aich, shall be performed at rate of $65 per man-hour. e. The existing net posts shall be re -painted; the existing nets shall be re -installed. 2. CONTRACT PRICE: The Contractor shall resurface the courts specified in this proposal/contract for the following contract prices: (Please initial next to your 6oice J Laser Grading (add 4 to per court) $17,500.00 Top Dressing (add 3 tons per court) $15.450,00— $13,950.00 Top Dressing (add 2 tons per court) NOTE: The Contractor makes no guarantee implied or otherwise that the amounts of fast -dry Toll Free 1-800-282-4415 - Email: info@welchtennis.com - www.welchtennis.comP age 280 of 4N OPTIONPROFESSIONAL NET POSTS $525.00/SET (Price is posts replaced in existing foundation. If old net posts or old sleeves cannot be removed, net post replacement and new foundation price: $1,800.00 per court) 4 9101111113 WN 101 WME661 11H Q COOKETRUTIM 4OPTION 4: WINDSCREEN LOGO $595.00/EA (4' x 6' Single Color, Each) 3. PAYMENT TERMS: A 50% down payment, which is due upon acceptance and signing of this proposal/contract, is required in order to schedule courts resurfacing. A final 50% payment shall be due upon completion of the entire Project. NOTE: Payment of Contractor's invoices is due upon receipt of )Fy it to accrue on any unpaid invoice balance, beginning thirty (30) days after the invoice date. Any payments based on AIA schedules will accrue interest from AIA payment due date. Welch Tennis Courts, Inc. reserves the right to stop work in the event of non-payment. 4. ESCALATION CLAUSE: If, for any reason, construction of the work contemplated by this agreement does not begin within sixty (60) days from the date this proposal is accepted or signed by the Owner, or if there is a significant price increase in the cost of materials, equipment or energy, through no fault of the Contractor, the contract price(s) specified herein, the time for completion, and any other contract requirements impacted by such price increases or delays in commencement of the work, will be adjusted by written change order modifying this proposal/contract. A price change shall be deemed to be 'significant" if the price of any material, equipment, or unit of energy increases by 5% or more between the date that this proposal/contract is accepted by the Owner and the date that the work under this contract is commenced. 0 v - I I I VQMF1T*4WW1_ffl Ir-1114011—l"s E= NOW* 151 all -0.11611 contract, including change orders and late payment fees (if applicable). 6. BUILDING REQUIREMENTS. The Owner shall provide access to the site for tractor -trailers and other vehicles with a weight in excess of twenty tons and provide an area adjacent to the site for storing and preparing materials. The Contractor shall exercise reasonable care in utilizing the access and storage areas but cannot be responsible for damage caused by normal construction operations (for example; damage to sod, landscaping, sprinkler lines, pavement access, etc.). The Owner shall notify, locate and mark for the Contractor, prior to construction, any water, wL74x_. electrical or other conduits, which are located at the courts beneath the ground surface or otherwi obstructed ftorn view, and in the absence of such notice, the Contractor shall not be held liable for any damages to conduits during the course of construction. The Owner shall provide an onsite dumpster for the Contractors use during construction. In the event the Owner is unable to or would like for the Contractor to provide the dumpster, the Contractor shall coordinate the delivery of a construction dumpster for the jobsite. The costs for the dumpster, including but not limited to pick-up, delivery, monthly/weekly fees, and dump charges, shall be the responsibility of the Owner. DO] Hfiatffij�� Page 281 of 408 agreement an# a o its terms and conclitions s-ffaff-6-ebinding upon parties to this agreement and upon the personal representatives, executors, administrators, heirs and successors assigns of either party. 8. ATTORNEY'S FEES; COSTS OF COLLECTION; VENUE: In the event that a dispute arises out of this agreement, and a civil action is brought by either party to resolve the dispute, then, in such event, the prevailing party, as determined by the Court hearing the matter, shall be entitled to recover its court costs, including reasonable attorney's fees, from the non -prevailing party. In the event that any sums invoiced by Contractor under this agreement are not paid when due, and suit is brought to enforce this agreement or to recover payment of any balance(s) due and owing by Owner under this agreement, Contractor shall be entitled to recover its costs of collection, including reasonable attorney's fees, 'this contract (which does not include an action to enforce a construction lien under Chapter 713 of the Florida Statutes) shall be brought only in a court of competent jurisdiction in Hillsborough County, Porida. OF 115 a to) as) I I �Mjro P. YM I i1s] 1-12 1 ITW4- R1 UQUO 0 it I k2 0) QJ 0141TJ W.) oil a 1-011 ki a QWMIN 11 V-14 ILITA I I I I I WD lei I a I I I I P 10. ENTIRE AGREEMENT/CHANGES TO AGREEMENT: This proposal, once accepted by Owner, sets forth the entire agreement between the parties, and all oral representations, prior negotiations, understandings, agreements, conditions, and terms discussed between the parties prior to acceptance and signing of this proposal/agreement by Owner are deemed to have merged into this agreement. This agreement may not be modified or amended, except in writing, which is signed by all parties to this agreement. Glenn Booth L, UOUQUIA-4-03 11311A MR.= (OWNER) George Todd III - Sr. Estimator BoynionBcachTCResurf4FDRHT4 11/1&2015 ELMS= DATE: "I" Page 282 of 408 Ntac�i� #992s BUDGET QUOTE Laurie Fasolo City of Boynton Beach 4916W WIM "Mi Fast-Diy Couitr 1400 N.W. 13 th Avenue Pompano Beach, FL 33069 - Thank you for contacting us with your tennis court needs. Fast -Dry Courts, Inc. is pleased to quote you on resurfadng eight of the City's clay courts (Courts #1-8 were walked). Courts #1 & 2 are the only twit that could receive a standard resurfacing. The remaining Courts #3-8 are down 1/4" to 1/2" in optimal surface depth and will need to be laser resurfaced, as follows: $6,685 - Resurface two (2) Har -Tru tennis courts (Courts #1 and 2). Clean surface, remove old lines and nails, apply +/- 80 bags of new Har -Tru surface material over each court laddered to fill in any lowei- areas or imperfections in the playing surface. Install herringbone style line tapes secured with 2-1/2" aluminum nails to USTA specifications; repaint net posts. Court will be watered and rolled to initial firmness. wastes will be left at Owner's provided dump area near the courts. $9,00 - La resurface two (2) Har -Tru court tennis courts (Courts #3-8 recommended). Clean surface ve old lines and nails, apply 15 tons of new surface material (+/- 10 tons on the high court XA i t (!0 e low court) using laser guided grading equipment to redistribute usable material, re - an tons on th establish the precise court slope and a more optimal surface depth. Install herringbone style line tapes secured with 2-1/2" aluminum nails to USTA specifications; repaint net posts. Courts will be watered and rolled to initial firmness. All wastes will be left at Owner's provided dump area near the courts. Why should you choose Fast -Dry Courts, Inc. for this project? We have a 29 year track record of exceeding customer expectations. We survey each customer after every project and 96% of our customers would recommend Fast -Dry Courts, Inc. to a trusted colleague or friend. Over 68% of our years of experience. It is our commitment to quality and professionalism that led the American Sports Builders Association (ASBA) to recognize Fast -Dry Courts, Inc. for excellence in tennis court construction for an unprecedented 18 consecutive years. We have completed 6,792+ projects without a single lawsuit regarding quality or performance. Furthermore, as should be expected from a tennis court contractor, we are a licensed General Contractor, bondable and insured up to $3,000,000.00. If you hav- r r questions or would like a formal contract for the quoted work, please call 772-260-4376 or email to frank.froehling('Ocimall.com. www.fast-dry.com www.10-s.com National: 1-800-432-2994 - Local: (954) 979-3111 - Fax: (954) 978-8479 Page 283 of 408 Page 2 of 2 November 16, 2015 Laurie Fasolo Re: City of Boynton Beach Clay Court Resurface Sincerely, FAST -DRY COURTS, INC. FRANK FROEHLING Account Manager US V-0+ �u A rN ay- f of Vs 9 S ;AM SAN ..!�W . LMRS HFMFA'A=CU4XM Construction Maintenance Resurfacing Supplies www.fast-dry.com www.10-s.com National: 1-800-432-2994 - Local: (954) 979-3111 - Fax: (954) 978-8479 Page 284 of 408 ba -- *. A k I 1 0 w 7110 Ina V ["10) Q4 CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 160646 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/22/15 SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. !f r•+! ROAD BOYNTON BEACH, FL 33435 'EOUISITION NO. 65517 RDERING DEPARTMENT: UTIL WATER DIST TP lVRCH I ASE ORDER ALL cl, • COMMISSION DIt74 630 LINE# QUANTITY UO M ITEM NO. AND DESCRIPTION UNIT COST 1 17755.00 DL EMERGENCY ASPHALT REPAIR OF 1.0000 SINKHOLE ON WATERSIDE DRIVE IN WATERSIDE VILLAGE. REMARKS 9Mh MC t RE:iAl-k O� - ST-NKKOLE-.IN W I$ 1DE VI.LLAOS ON: KAT:bkSIbE DR DUE TO A WAITER MAIN LEAK. #02-6-2-821-14/jmk" Exp 4/1�/i6 T-TACH`ED QUO!,rk-DA" - TED EXTENDED - COST 17755.00 PROCUREMENT SERVICES: C4 0 1 P.O 00 I TOTAL: 17755. ACCOUNT NO. PROJECT 401-2810-536.46-47 PURCHASING Page 285 of 408 Pag6 286 of 408 CV N 00 an in r. PC 0 > > C-40 0 C, 0 w E-4 EJ I in LO LA m 0 1 H 0 a in Im a Of 0 0U 0 Z .0 > An ka I H C3 0 0 14 CL 0 0 6% Ln H W 1. 4 Ol 04 D i .0 u 11 . HE-4 LL Cl 0 U1 1H0 U!E4 con U: z 14 0 zrd ZH ad 0 Crl 4 H z 992 HZ w N ca OH p ' 0 H 0 rk. zg 14 0 Ordo P4 HIX 0 C4 El cd J. F4 ac > E-1 >4 04 w Ul IAH 0 z E. i Q, P4h V 1-4 0 ra 0 I W H 0 X E ca C) 0 UH0 pa H 04 H W P sm 0 Q Do Encloy 0 m E� H 04 14 leg W, I H H ca 2 H :3 cl Pag6 286 of 408 11TTna pz�#4j z �Wffl Requesting Department: Water Distribution Contact Person: -Tremaine Johnson 17n. =• - 'A water main leak occurred in Waterside Village on Thursday, December 17th, 2015. The leak created a large sinkhole in one of the development's streets in close proximity to its pool, tennis and shuffleboard courts. Due to the size of the repair and restoration, and the immediate exposure to 1:citizens Madsen/Barr was contacted to provide the required emergency repair services. These repairs are slated to be performed on December 21 st and 22nd following cleanup operations conducted by Utilities personnel. The associated documentation has been attached for further 'Recommended Vendor- Madsen/Barr Corporation Dollar Amovnt of Purchase $17,755.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other Contract Number: 026-2821-14/JMA NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contraV.. IFund Source for Purchase: 401-2810-536-46-47 Date I-, I L&t2 Date il2lZill r - Date Page 287 of 408 in =-1 I M= Boynton Beach Utilities 124 East Woolbright Road Boynton Beack Florida 33435 Phone: (561) 742-6400 Pax. (561) 742-6298 ........... . I I Colin Groff Utilities Director T A water main leak occurred in Waterside Village on Thursday, December 17th, 2015. The leak createdE bCF;!1LCb. i nese repairs are 51"'L to be performed on December 21st and 22nd following cleanup operations conducted by Utilitil personnel. If you have any questions, please contact Bevis Pigott at extension 6420 or Tremaine Johnson extension 6476. 1 CC: Trernalne Johnson File Page 288 of 408 MADSEN /BARR CORPORATIOUP Engineering Contractors e Sewer a Water - Drainage Broward: (954) 489-7773 a Palm Beach: (561) 753-6363 - Fax. (561) 753-6382 E-mail: madsonbarr@earthlink.net I SOLD TO: CITY of BOYNTON BEACH UTILITIES DEPARTMENT 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FLORIDA 3343S ATTENTION: MR. BRANDON MINGO, SUPERVISOR at . . . . . . . . . . SUBJECT- CITY of BOYNTON BEACH ASPHALT RESTORATION (200 SY) LOCATION: WATERSIDE DRIVE CONTRACT. CITY of BOYNTON BEACH, PROJECT If 026-2821-14/JMA "REPAIRS and EMERGENCY SERVICES for WATERiDISTRIBUTION, WASTEWATER COLLECTION and STORM WATER UTILITY SYSTEMS" FURNISH and INSTALL: ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL GC -4 NON -Emergency Mobilization 1 L� 500-00 $ 500.00 GC_8 M.O.T. Residential Street 1 EA. 250 0Z0 GC -11 Density Tests 0 EA. 18.00 $ 0.00 GC -12 Proctor Tests 0 EA. 75.00 $ 0.00 R-17 Remove and dispose of asphalt 95 SY 20.00 $ 1,900.00 R-20 Asphalt restoration Type S-111 95 SY 85.00 $ 8,075.00 R-25 Lime rock base, primed 95 SY $ 52.00 $ 4,940.00 R-26 12" Compacted Subgrade, 98% T-180 95 SY $ 22.00 $ 2,090.00 TOTAL COST ESTIMATE NOTES: 1.) PERMITS and/or FEES NOT INCLUDED Page 289 of 408 o Procurement Assl: Emergency repair service for asphalt restoration (200SY) on Waterside Drive due to the water main leak (Wa-terside Village) that created a large sinkhole in the development's streets which is in close proximity to the pool, tennis and shuffleboard courts. City of Boynton Beach Contract# 026-2821-14/JMA VENDOR INFORMATION: DIVISION: 0 HER INFORMATION: ame: Madsen/Barr Corporation I Date: 12/21/15 Address: 12113 Indian Mound Road Engineering Date Needed: Confirm. Wellington, FL 33449 Cust. Rel. ASAP/Conf. Distribution (X) CKUP DOCS. DELIVERY: ir one (contact). John Barr Water Qual. Quotes/Verbal E. Admin. 40 -(X I Phone: 561-753-6363 Pumping QuotesMriften E. WTP 41 Fax: 561-753-6382 (over $2000) Vendor Number 10458 Bid Docs. Meter Serv. Sole Source Ltr. 0 10 111 FA ftl: Insurance Special Instructions: NWAI Project Number: #026-2821-14/JMA Description & Part Number Page 290 of 408 ori f t Y '. i Phone FAX (561742-6298 l I• *il Mg *y PURCHASINGCONTACT QUOTATIONS ITEMS REQUESTED: Emergency I repair of sinkhole u o water main! k on WatersideDrive. VENDOR#1: Madsen/Barr Corporation 12/18/15 CONTACT PERSON: John Barr PHONE NUMBER: 561-753-6363 $17755.00 PERSON: PHONE NUMBER - VENDOR #3: PHONE NLJNIBER- Page 291 of 408 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 160647 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/22/15 SHIP TO: TO: O'BRIEN, SUITER & O'BRIEN INC. City of Boynton Beach 955 NW 17TH AVENUE PUBLIC WORKS DEPARTMENT SUITE K-1 222 N.E. 9TH AVENUE DEL RAY BEACH, FL 33445 BOYNTON EACH, FL 33435 REQUISITION NO, 65449 ORDERING DEPARTMENT: B&G/AGGA DATE NEEDED: BID NO: COMMISSION APPROVED: LI NE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST 1 18000.00 DL SURVEY & PLAT PREPARATION FOR 1.0000 CEMETERY PLOTS REM A$ :*gS REPLATARFAS OF CEMETERYTO CREATE MORE PLOTS. A±!%C�IEb PROP08A.L DATED -10/21/15 PROCUREMENT SERVICES: ACCOUNT NO. PROJECT 631-3110-539.49-17 EXTENDED COST 18000.00 0 PURCHASING Page 292 of 408 In in I: z zz N C4 H z M DA yl 0 0 co > t 1 I 1Ing's CA m Om In T ® , CL 0 Cd co m rq H al 2 r_ ix D HH a o0 G]NrA a O.0040 coo I z ro m a 7 ca — ly 0 : oo0 8 t) in E4 aOQ I z Di 0 M H E-1 1091.0 0 H H Q 1 z 0 H . : E. m 00%,i H COMO F -I 0 r4rqm 0 1 A H ul ix r7l 1 H a 0 0 v M H N > l z ' 0 0 M u 4 CA E 4•aC-4ca E) H 91 I 0 1 104 EA H 9 ra H 00 cx 14 99 vim ,a MrAl ri 1 I u C; 0 0 .0 m 0 H u ga 00 4� CA ri w 0 H E..1 am, I Rt ca z Ln z 00 mp 1 LdPHE1 ea 04 Ow. P O 0 F-8 .4 N U r):.H Hm 900 Ej ca 1 E- H H Mae Q CY Ixt) 0 M Ix d 04 Page 293 of 408 -Vate: 12/18/2015 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10t000 Contact Person: Andrew Mack Explanation for Purchase: i!At request of City Commission we are reDlattina n f t - n A I il t,♦!!! nra fin oil isr.32011193M� 'Dollar Amount of Purchase 18,000.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy -Back Budgeted It Emergency Purchase Other Contract Number: NOTE: Pricing proposal for Purchase must be ore a kAt"r-11A, ,'Fund Source for Purchase: i �'Approvals: 0 re rmaa Purchasing Agent City Manager Date 12/1812015 Date Date Date Page 294 of 408 71�iM N 0 Copy Work - Number of Copies: Double -sided I Collated & Stapled Distribution: 0 Type from the attached / transcription tape / small (to be forwarded upon request) 9 Request for 121/Direct Pay Req. for the attached Vendor or Person to be reimbursed: Account Number. 631 -3110 _539--.1'. 1equest for Requisition - Vendor: O'BRIEN, SUITER & O'BRIEN, INC. 717 Project No..- Account Number: - - - - i t ist Items w/Quantitles & Unit Costs on the back of this request. Verbal Quotes ($500 to $1,999): Vendor: Cost: Vendor: Cost: Vendor: Cost: Written Quotes ($2,000 to $9,999-99) - Attached. Written Quotes ($10,000 to $24,999) w/Purchases over $10,000 Form -Attached. Bidy (Over $25,000): Bid# Bid/Other Entity (Over $25,000): Bid#, BidDates,& Bid Quotes -Attached. I Special Instructions: Please Issue a PO to O'BRIEN, SUITER & O'BRIEN. INC. In the amount Gf$18,000.00 dollars, affached are three quotes. Specific purpose survey and plat preparation for new mmatery plots. Request completed by: Please slan and return this form to t!r R -a Page 295 of 408 From: Mack, Andrew Sent: Friday, December 11, 2015 to AM To: Gret o-Arencibia, Adrianna Cc: Livergood, Jeffrey Subject: RE: Cemetery Replat Attachments: Request for it Assistance For - Fill able.pdf, O'Brien & Suit er.pdf, Whidden Surveying & in f, Caulfield & Wheeler.pdf, Boynton each Cemetery Replat Qnot e.pdf See attached reauest for office assista-trp- t4rpp -uiry 4 if , I -.&! O'BRIEN, SUITER & O'BRIEN Caulfield & Wheeler, Inc. Whidden Surveying & Mappinit4 Dennis Leavy & Assoc. Wantman Group Avirorn & Assoc. 0 11 � --- 11 0 rtrin rin Let me know if you have any questions. Thanks. F -Tor, - -1 � - . I « «i x - - - EV, Development Department/ Public Works Engineering t7� eT 0"i City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 o: 561-742-6374561-742-6357 MackA@bbfL.us I www.boynton-beach.o_m F Like us on Facebook KZ From: Greco-Arencibia, Adrianna Sent: Thursday, December 10, 2015 10:59 AM To: Livergood, Jeffrey; Mack, Andrew Subject: RE: Cemetery Replat 1 Page 296 of 408 im . ii :nt rpr-p' Aff 11 it i 11 i OC I ill I t I Q entILIty Lngineer Development Department/ Public Works Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 o: 561-742-6374 1 f: 561-742-6357 MackA@bbft.us I www.boynton-beach.o I C 0, i. t i , IWCTrIT-tr�MMr;lUrg=Lngineenn6 Public Works and Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 o: 561-742-6201 LivergoodJ@bbft.us I www. boynton-beach. ore CSz= Andrew P. Mack, P.E., CBO, LEED AP, Director of Development/City Engineer Development Department/ Public Works Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 o: 561-742-6374 f: 561-742-6357 MackA@bbf[.0 www. boynton- beach. ore elm= 3 Page 297 of 408 Box310 R*',1 *!Beach. Engimering Division Phone (561) 742-6980 Fax (561) 742-6285 ff 1:4111114 ATA :10111 : 110 a QUOTES MUST BE RECEIVED ON OR BEFORE.- DECEMBER 8'h, 2015 no later r / t " # The project ♦me listed above must appearon all quotations and related correspondence. Responses will ONLY be received by the Public Works Department, Attention Andrew P. Muck, 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 on or before Tuesdogy—December.8", 2015 no later than# P.M.(local responses a be emailed * Andrew a Director of Development/City Engineer at Macka0bbfl.us. The Public Works Engineering Division office hours are 8:00 A.M. to 5:00 P.M. The City is not responsible for submittals received after the date and time stated. Any questions relative to any item(s) or portion of this request should be directed to Andrew P. Mack, P.E. at (561) 742-6374 or via email at Macka0bbfl.us. The purpose and intent of this 'Request for Quotation' is to seek competitive quotes for professional survey services described in the Scope of Work provided in this Request for Quote document. Q-1 AME IV u GAT ITA I' To THE G ULF6,pREAA1 Page 298 of 408 S WE OF WORK Prepare c rd Plat and Survey of existingroadways andint r s as outlined in drawing provided r the purposecreating ii I cemetery plots. Boundary s s and surrounding ar s to establishnew boundary lines for said area. See attachment marked Exhibit" ° . Locate all improvements tilii within project area. 2. Preparation of record I for recording r s. permanent3. Set reference monu ll block corners wi i r plat. 4. Set iron rods at the frontII newly created I. 5. Create new boundary for Mausoleum area. 6. Individual Survey drawings will be provided for Mausoleum Area and Proposed Plat arel a. Two (2) signed and sealed survey plans of the project site containing the above survey information R ♦ r • b. An AutoCAD drawing file of the area. Each of the entities, colors and line types shall be controlled "by layer". All site specific fonts shall plot at 3/32" height. c. One (1) record plat mylar. a. The surveys should be completed within 30 days of authorization b. Record Plat submittal for staff review would be completed within 45 days of r • • • l QZ Page 299 of 408 ATTACHMENT "A" Under the terms and conditions of all contracts, leases, and agreements. the C, r '111"iftibil il 1040014061M 011,411161WI-M ME (Occurrence Based Only) --- — ------------- — -- — — ------ — ------------ — ALIME—MM LLMS AF&U—JMD ------- — ------------- General liability — -- — ----------- — — ---- — ---- — — ----------- General Aggregate — -- — ------- — — ----- $ 1,000,000.00 Commercial General liability Products -Co pt Agg, $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 11000,000.00 Professional liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability --------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be determined AD Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 NoR-Owned Autos PIP Basic Intermodal -------------------------------------------------------------------------------------------------------------------------------- Garage liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers liability Each Accident $ 11000,000.00 ---------------------------------------------------------------------------------------------------------------------------- Aggregate $ 1,0 ,000.00 Excess Liability Each Occurrence to be determined Umbrella Form -------------------------------------------------------------------------------------------------------------------------------------- Aggregate to be determined Worker's Compensation Statutory limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy limit $ 500,000.00 ------------------------------------------------------------------------------------------------------------------------------------- Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk -------------------------------------------------------------------------------------------------------------------------------- Limits based an Project Cost Other - As Risk Identified ------------------------------------------------------------------------------------------------------------------------------- to be determined INS URANCEADVISORYFORM04 Revised 10/2001 Q-3 Page 300 of 408 Page 301 of 408 i t � I 1 Page 301 of 408 Box 310 :. , r EngineenngDivivzon Phone (561) *. Fax (561) 742-6285 1:4 40111 *3 • " A 1 x '- - ul"1612x iR xOW114111:11 r x ' QUOTES MUST BE RECEIVED ON OR BEFORE.- TUESDA y i thy 2015 no later than 5:00 P.M. (local time) , DECEMBER The project name listed above must appear on all quotations and related correspondence. Responses will ONLY be received by the Public Works Department, Attention Andrew P. Mack, 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 on or before Tueaft, nolater than•cath�e ; responses shall be e# to Andrew P. Mack, Director of PublicDevelopmentlCity Engineer at MackaAbbfl. us. The srks Engineering Division office hours/1 A.M. to 10 P.M. The City is not responsible for submittals received after the date and time stated. Any questions relative to any item(s) or portion of this request should be directed to Andrew P. Mack, • #: orvia email at MackaO),bbfl. The purpose and intent of this "Request for Quotation" is to seek competitive quotes for professional survey services described in the Scope of Work provided in this Request for Quote document. HE Page 302 of 408 l SCOPE OF WORK Prepare Iat and Survey of existing roadways and maintenancer li in drawing providedr the purpose of creating i I cemetery plots. Boundary Survey of Mausoleums u ing areas to establishlines r said area. See attachment marked Exhibit "N' SPECIFICA TIONS . Locate all improvements iliti s within project area. 2. Preparation record platfor recording purpose. 3. Set permanent reference o nt all block comers within proposed plat. 4. Set iron rods at the front of all newly created I. 5. Create new boundary • - area. 6. Individual Survey drawings will be provided for Mausoleum Area and Proposed Plat area. - information_�- a. Two (2) signed and sealed survey plans of the project site containing the above survey a • 3 copies. b. An AutoCAID drawing file of the area. Each of the entities, colors and line types shall be controlled "by layer'. All site specific fonts shall plot at 3/32" height. c. - -:• • plat mylar. a. The surveys should be completed within 30 days of authorization b. Record Plat submittal for staff review would be completed within 45 days of Q-2 Page 303 of 408 'ACHMENT'N City of Boynton Beach WUM, Morna'ARTSIMAMM TYPE (Occurrence Based Only) DENOL12LLLMI—TS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability --------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any to Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined it Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Intermodal Garage Liability — --- – – ----- – ------ – Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Other - As Risk Identified ---- – ---- – — ------ — – ----- – – – --------- – - to be determined INSURANCEADVISORYFORM04 Revised 10/2001 Q-3 Page 304 of 408 n � ki BRIEN, SUITER & O'BRIEN, INC. LAND SURVEYORS 955 N.W. 17TH AVENUE., SUITE K-1 PHONE (561) 276-4501 EL AY BEACH., FLORIDA 33445 FAX (561) 276-2390 City of Boynton Beach Development Department Public Works Engineering 100 East Boynton Beach Blvd. Boynton Beach., F1 Attention: Andrew P. Mack, P.E. Re: Boynton Beach Cemetery/Mausoleums referenced site. P d lim"?-4im ' IN ...........r 1, W -1 .i1my1i1usfbr- said area 61i) ' N 213 01 38A (fig • Locate all improvements and utilities within project area • Preparation of record plat for recording purpose • Set permanent reference monuments at all block comers within proposed plat • Set iron rods at the front of all newly created plots • Create new boundary for Mausoleum area • Individual Survey drawings will be provided for Mausoleum Area and Proposed Plat area I I. ]a # )VA80:191MA 9:991=10 Cowne"-r. 111 * . i - III Page 305 of 408 City of Boynton Beach Re: Boynton Beach Cemetery/Mausoleum.x • The surveys would be completed within 30 days of authorization • Record Plat submittal for staff review would be completed within 45 days of authorization i9jill 111111 - arall * 30% Retainer ($5,400) required It to commencement of work * Remaining balance due upon final plat approval of City of Boynton Beal Commissioners Thank you for considering our firm for surveying services. If you would like us to proceed, please sign below and forward back to our office along with your retainer. Should you have any I...... estions or concerns, please do not hesitate to contact the undersigned. O'BRIEN, SUITER & O'BRIEN, INC. Paul D. Engle, P. S.M. Page 306 of 408 Andrew P. Mack, P.E. Director of Development/City Engineer Public Works Department City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 RE: REQUEST FOR QUOTATION FOR PROFESSIONAL SURVEY SERVICES BOYNTON BEACH CEMETERY BOUNDARY G REPLAT Mr. Mack, Whidden Surveying & Mapping, Inc. (WSM) is pleased to submit a lump s fee proposal for the above referenced project based on the attach Scope of Work. WSM shall provide all services under the guidelines Florida Statute Chapter 177 & 472 and Rule 5j-17. WSM will perform these services per the Scope of Work entitled REQUE FOR QUOTATION FOR PROFESSIONAL SURVEY SERVICES BOYNTON BEACH CEMETERY & REP as attached hereto. I If you have any questions, please feel free to give me a call. (561) 722-4619. Page 307 of 408 Page 308 of 408 r-od&g OcrDiem irboat !iLmm7 m=- ,:Color Plots (2406) Marsh Master . wheel +.. ATV RecordiRS fees rsonite Posts I-IX'X30" pipc_��' 19 IMAltj go P, sign n tp site with GPR and 4 s ft di W m M-MOMMEM, Page 308 of 408 Celebraring yean CAULFIELD & WNEELER, INC. Engineering E130003591 Consulting Engineers - Surveyors & Mappers Surveying LB=3591 Landscape Architecuire LCOOD031 8 December 7, 2015 Proposal #12-15-021 Mr. Andrew P. Mack, P.E. City of Boynton Beach Director of Development/City Engineer City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 MackAQ-bbfl.us Re: Agreement for professional services relating to the" t " project located in the City of Boynton Beach, Florida. Thank you for the opportunity to present you with this agreement for professional services for the 'Soynton Beach Cemetery" project. The scope of this agreement is to provide [professional Surveying services of the subject property. 104 1 5T75 W77-numr-mmWs ana per k ity - IS =,1, Specifications shown on Exhibits & "B" attache Preparation of the preliminary plat in accordance with the regulations of the applicabl,ii- goveming agencies and the State of Florida Department of Professional Regulation. Services shall include draffing of the preliminary plat, delineating parcels, road rights-of-way and I ,asements for initial review by goveming agencies. )rBoca Raton Office: 7900 Glades Road, Suite 100 1 Boca Raton, Florida 33434 1 Phone: 561 - 392-19911 Fax 561 - 750-1452 0 Port St. Lucie Office: 410S.E. Pcirt!St- I itrip VArfiq 1-:::: Iii ::: - I . - Page 309 of 408 Daum Isu 414 1140 11 (Joruniq III IT-! mts A. TITLE SEARCH REPORT - This can be obtained from an attorney or abstract company. Include copies of all instruments. r # description as plat. Record _#! # Mortgage(s). none,1 #,. so 4). Date through which public records were searched. Original sign.. • B. NAMES AND TITLES of people who will be signing plat as Owner(s) and, if applicable, Mortgagees. C. Current . plat.D. NAME of E. LETTER authorizing Caulfiei ler, Inc. to act as agentcess` o e subject plat. includeConsultant will prepare and submit the appropriate applications to governmental agencies for the purpose of processing of the subject plat. Services • # to each governmental agency and/or board on a one time basis per application. Upon receiptof agency 1 o the preliminary plat,# nsultant will incorporate # into the final plat. consultation and approval of the Owner/Developer. Processing Page 310 of 408 ! December 2015 Proposal# 12-15-021 City of Boynton f Beach Consultant shall set permanent reference monuments (PRMs) along the subject boundary in accordance with Florida Statutes - Chapter 177. PRMs will be rod & cap type. Sma # 1i Laser Scanning Survey Crew i� �� GPS �r • # #. _:: r Professional ii Landscape!0i s �,,' • i # # 1 0 Office Technician + Prints 1 0 7 Federal J Federal ..�Overnight D_$ 00 CourierReliveries ..................................................................... Cost plus 100/1, Page 311 of 408 Mw XMI 81 t Mbrml A. The terms of this agreement shall be effective for one (1) year from the date of execution of this contract and may be renegotiated at the option of the Consultant. B. Receipt of this agreement (signed by all parties) shall be considered by Caulfield & Wheeler, Inc. as notice to proceed. C. Statements for the professional services rendered by Caulfield & Wheeler, Inc. under this agreement will be invoiced monthly based on a work -in -progress or completed basis and payment is due upon the Clienfs receipt of the invoice or statement. Invoices not paid within 60 days of the date of the invoice shall be deemed delinquent. Upon any invoice or statement becoming delinquent, Caulfield & Wheeler, Inc. may: Deem this agreement terminated. Caulfield & Wheeler, Inc. and Client shall thereupon have no further rights or obligations under this agreement and all fees and costs owed by Client through the date of termination shall be immediately due and payable; and/or 2. Withhold all work product of Caulfield & Wheeler,under this agreement including all drawings, surveys, plats, reports, calculations, speccations, and all other data, and not deliver the same #.; the Client, and discontinue performing and providing professional services under this proposal until payment in full of all outstanding statements is received; file lien against the property for all outstanding invoices. Client acknowledges that Consultant will not be held liable for any damages services due to delinquency of payment of invoices on the is of the Client. A Caulfield & Wheeler, Inc. may request that the final statement be paid simultaneously with the delivery to the Client of the final work product due under this agreement. Fees for Caulfield & Wheeler, Inc.'s professional services under this agreement and costs incurred shall be due and payable by Client whether or not the Client, for any reason, fails or elects not to proc ed with the Project. D. The Client shall be responsible for the payment of all reimbursable items (i.e. blueprints, printing, Engineering mylars, plat mylars, authorized travel, filing fees, permits, assessments, or governmental related fees). Page 312 of 408 Page 5 — December 7, 2015 Proposal #12-15-021 City of Boynton Beach E. The obligation to provide ftwther services under this agreement may be terminated by either party upon receipt of written notice within seven (7) days in the event of a substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, Consultant shall be paid for all services rendered to the date of termination including all reimbursable expenses and terminating expenses. F. Revisions and/or additional services requested outside the scope of this agreement will be invoiced at the prevang hourly rates. G. All electronic files are the property of Caulfield & Wheeler, Inc. Hard copies of the data contained in the electronic files will be provided to Client upon request. H. This Agreement may be assigned to another entity upon payment in full of outstanding invoices sent prior to the assignment request. This agreement, consisting of five (5) pages, represents the entire understanding between Caulfield & Wheeler, Inc., Consultant; and City of Boynton Beach, Client, with respect to the project and may only be modified in writing signed by all patties. I " V LOMMM-M PAP raV� ii 11! I! y, P L S ice President Accepted by: Signature EM Tr - Page 313 of 408 1 _ M SCOPEOF WORK Prepare Record Plat and Survey of existing roadways and maintenance areas as outlined in drawing provided for the puMose of creating additional cemetery plots, See attachment E! Exhibit I . Locate all improvements and utilities within project area. 2. Preparation of record plat for recording purpose. 3. Set permanent reference monuments at all block comers within proposed plat. 4. Set iron rods#all newly created plots. 5. Create new boundaryfor Mausoleum area. 6. Individual Survey drawings will be provided for Mausoleum Area and Proposed Plat area. 1. The deliverables a. Two (2) signed and sealed survey plans of the project site containing the above survey information # copies. b. An AutoCAD drawing file of the area. Each of the entities, colors and line types shall controlled 'by layer".site specific 4 plot height. record # r 2. Work Deliverables, a. The surveys should #'completedwithindaysauthorization b. Record Plat submittal for staff review would be completed within 45 days of authorization. Page 314 of 408 Exhibrf "is„ Page 315 of 408 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY 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 6. M. CONSENTAGENDA 1/19/2016 Reviewer Action Date Foyle, Judith Approved 1/20/2016 - 4:27 ISM Page 316 of 408 7.A. BIDS AND PURCHASES OVER $100,000 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-014 - Authorizing the City Manager to sign a professional agreement with Carollo Engineers, Inc. of Lake Worth, FL for the sum of $995,000 and a contingency of $99,500 (10%) for a total estimated cost of $1,094,500 as a result of RFQ NO: 075-2821-15/KTR "Utilities Management Optimization Plan Consulting Services". EXPLANATION OF REQUEST: The Utilities Department issued a Request for Qualifications for the Utilities Management Optimization Plan (UMOP) Consulting Services: RFQ NO. 075-2821-15/KTR, for a comprehensive master planning initiative. On December 15, 2015 the Commission approved the ranking of the top three submittals and authorized staff to negotiate an agreement with Carollo Engineering, Inc. the highest ranked respondent. The agreement, scope of services and fee negotiations have been successfully concluded and the department is requesting the Commission to authorize the City Manager to sign an agreement with Carollo Engineering, Inc. in the sum of $995,000.00 for the completion of the work. The department is also requesting a contingency of $99,500.00 to cover possible additional work that may be determined during the course of the project. There are 9 identified tasks within the UMOP as follows Task No. Description 1 Visioning, Model Performance, and Expectations Workshop 2 GIS -Based Planning Database and Architecture 3 Develop Engineering Models of Water Infrastructure System 4 Asset Management 5 Rates and Financial Analysis 6 Develop Integrated Optimization Model 7 Calibrate Working Model 8 UMOP Documentation, Start-up and Training 9 Meetings/Workshops/Project Management The final deliverable will be a dynamic Utility planning model that will consider operational, financial, development and strategic data input to provide a workable CIP and rate model. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The software model created by this project will provide the Utilities Department with a state of the art planning platform going forward that will be able to respond quickly to significant changes in the planning inputs and thereby eliminate unnecessary expenditure Page 317 of 408 on plant and equipment. FISCAL IMPACT: Budgeted Funds have been included in the approved FY15/16 budget under the following projects and account numbers: 403-5000-533-31.90, Project WTR134 403-5000-536-31.90, Project W TR017, SW R011, STM028 403-5000-535-31.90, Project SWR011 403-5000-538-31.90, Project STM031, STM034 ALTERNATIVES: Continue to handle Master planning as separate issues for each area of the utility's operations. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: Goal 1 - Action Item 1.12: Integrated Water Resource Master Plan CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Item W-5 of the Revised Climate Action Plan Develop scenarios for vulnerable utilities with potential mitigation strategies. Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution authorizing the City Manager to sign a D Resolution Professional Services Agreement with Carollo Engineering D Agreement Agreement with Carollo Engineers D Attachment Scope of Services REVIEWERS: Department Reviewer Action Date Utilities Groff, Colin Approved 1/12/2016 - 5:19 PM Utilities Groff, Colin Approved 1/12/2016 - 5:19 PM Assistant City Manager Pyle, Judith Approved 1/13/2016 - 9:39 AM Finance Howard, Tim Approved 1/14/2016 - 3:50 PM Legal Swanson, Lynn Approved 1/15/2016 - 9:17 AM City Manager LaVerriere, Lori Approved 1/15/2016 - 10:56 AM Page 318 of 408 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A PROFESSIONAL AGREEMENT FOR UTILITIES MANAGEMENT OPTIMIZATION PLAN CONSULTING SERVICES WITH CAROLLO ENGINEERS, INC., OF LAKE WORTH, FL., AS A RESULT OF RFQ NO. 075-2821- 15/KTR, IN THE AMOUNT OF $995,000.00 PLUS A 10% CONTINGENCY IN THE AMOUNT OF $99,500.00, IF NEEDED, FOR A TOTAL ESTIMATED COST OF $1,094,500.00 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Utilities Department issued a Request for Qualifications for the Utilities Management Optimization Plan (UMOP) Consulting Services RFQ No. 075-2821- 15/KTR for a comprehensive master planning initiative; and WHEREAS, on December 15, 2015, the City Commission approved the ranking of the top three submittals and authorized staff to negotiate an agreement with Carollo Engineering, Inc., the highest ranked respondent; and WHEREAS, the agreement, scope of services and fee negotiations have been successfully concluded and the department is requesting the Commission to authorize the City Manager to sign an agreement with Carollo Engineering, Inc., in the sum of $995,000.00 for the completion of the work, along with a contingency of $99,500.00 to cover possible additional work that may be determined during the course of the project. 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. CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\A0412414-AED9-40BC-B52C-CC7C4FBB24D7\Boynton Beach. 2632.1. Carol lo_ Engineers _Prefessional_Services_Agreement _ _Reso.doc Page 319 of 408 31 Section 2. The City Commission of the City of Boynton Beach, Florida does 32 hereby approve and authorize the City Manager to sign an agreement with Carollo 33 Engineering, Inc., in the sum of $995,000.00 for the completion of the work, along with a 34 contingency of $99,500.00 to cover possible additional work that may be determined during 35 the course of the project for a total estimated cost of $1,094,500.00 as a result of RFQ No. 36 075-2821-15/KTR "Utilities Management Optimization Plan Consulting Services", a copy 37 of which is attached hereto as Exhibit "A". 38 Section 3. This Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this day of , 2016. 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 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) CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\A0412414-AED9-40BC-B52C-CC7C4FBB24D7\Boynton Beach. 2632.1. Carol lo_ Engineers _Prefessional_Services_Agreement _ _Reso.doc YES NO Page 320 of 408 PROFESSIONAL AGREEMENT FOR UTILITIES MANAGEMENT OPTIMIZATION PLAN CONSULTING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "CITY', and _Carollo Engineers, Inc. of Lake Worth, FL_, hereinafter referred to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to State of Florida Statutes Section 287.055, the City of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional services with an engineering firm for required services, and WHEREAS, THE CITY issued a Request for Qualifications for Utilities Management Optimization Plan Consulting Services, RFQ No. 075-2821-15/KTR; and WHEREAS, RFQ No. 075-2821-15/KTR defined Scope of Services as: Boynton Beach Utilities wishes to develop a Utilities Management Optimization Plan (UMOP) which includes updating the Utilities GIS database and hydraulic models, developing an enterprise asset management system utilizing existing data and developing a new utility connection system to track capacity reservations. These systems along with existing SCADA systems and operating permit conditions will be integrated into an optimization model that will be used by Utility Management to manage daily operations and the output of the model will be an interactive Capital Improvement Plan and a multi-year rate algorithm to adjust rates based on costs and market indexes. Also outlined in the attached Scope of Services, dated January 8, 2016. WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on , 2016, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the City Manager, through negotiated an Agreement with CONSULTANT performance of consulting and engineering sery Qualifications. his administrative staff, has successfully defining terms and conditions for the ces within the scope of the Request for NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: C1 ARTICLE 1 - SERVICES CONSULTANT agrees to perform Utilities Management Optimization Plan Consulting engineering services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified project which may be assigned to CONSULTANT is set forth on attached Scope of Services, dated January 8, 2016. The CITY's Representative during the performance of this Contract shall be Michael Low, Manager of Technical Services telephone (561) 742-6403. ARTICLE 2 - TERM The CONSULTANT shall be available to commence services on the date of the execution of this Contract and shall not exceed twenty-four (24) months. ARTICLE 3 - TIME OF PERFORMANCE Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement and the specific task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made in accordance with attached Scope of Services dated January 8, 2016. b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS All documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT's C2 endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, with out the written consent of CONSULTANT, shall be at the CITY's sole risk. ARTICLE 6 - FUNDING This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for professional engineering and related services equal to or exceeding the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION CONSULTANT shall indemnify, defend and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must C3 extend to any sub -Consultant that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- contractors comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims -made policy only C4 ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent consultant with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent consultant pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT's obligation includes, but is not limited to CONSULTANT's obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. C5 ARTICLE 15 - ASSIGNMENT The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON -WAIVER A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 — TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 17.2 Termination for Default: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. ARTICLE 18 - DISPUTES Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing C6 party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: City of Boynton Beach Attn: Lori LaVerriere, City Mgr. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Notices to CONSULTANT shall be sent to the following address: Carollo Engineers, Inc. ATTN: Elizabeth Fujikawa 9897 LakeWorth Rd, Suite 302 Lake Worth, FL 33467 ARTICLE 21 - INTEGRATED AGREEMENT This Agreement, together with RFQ NO. 075-2821-15/KTR and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post -judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of C7 law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23 — PUBLIC RECORDS 23.1 Consultant shall comply with the applicable provisions of Chapter 119, Florida Statutes. Specifically, Consultant shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the CITY, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the agency. C8 IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of CITY OF BOYNTON BEACH City Manager Attest/Authenticated: Title City Clerk Approved as to Form: Office of the City Attorney C9 20 CONSULTANT (Corporate Seal) Attest/Authenticated: Secretary Carollo Engineers City of Boynton Beach Utilities Management Optimization Plan (UMOP) Scope of Services January 8, 2015 Background The dynamic Utilities Management Optimization Plan (UMOP) will be developed for the City of Boynton Beach Utilities (Boynton) to be used to support strategic, long-term decision-making regarding the need and timing of expansion, repair, or replacement of existing water utilities, and need to build new facilities to meet regulatory requirements and efficiency goals. The UMOP will be a computerized model that incorporates input of relevant engineering, planning, and cost data with system capacity and hydraulic and financial models. This includes the use of selected GIS and SCADA system outputs, and asset management program outputs. The overall result is to help assure the cost effective integration and planning for future facilities across all of Boynton Beach Utilities water infrastructure programs (i.e. wastewater, water, recycled water, and stormwater). The UMOP will integrate best practice engineering, science, and business decision analysis principles. This will allow for the transformation of data into knowledge for making meaningful decisions based on continually updated and informed planning projections. The UMOP will help to create improved understanding of the impact of CIP and operating decisions on the overall cost of service versus the risk of not meeting strategic objectives. The UMOP is not intended to be a design tool, but instead is a master -planning and financial planning decision support tool. Therefore, the accuracy of the UMOP is not intended for developing final facility design criteria and costs. It must, however, be sufficient for its intended use in emulating the real-world system to the extent required such that the "cause and effect" relationships among the key parameters accurately represent the physical and financial performance of the overall utilities system. This will help engineering decisions to be optimized involving the need, timing, sizing, and estimated cost of new capital facilities, and the repair or replacement of existing facilities. The following tasks are intended to result in the phased, progressive development of the UMOP. The phased development begins with the identification of success factors and the "proof of concept" Page 330 of 408 model, and progresses through the initial calibration and delivery of a working production version of the model. This project, along with the development of the UMOP, includes the development of four engineering models (e.g. hydraulic models) to simulate existing conditions of the Boynton infrastructure and to plan for future improvements through the development of a CIP. The output of these models (e.g. CIP projects) will be used as input to the UMOP. This approach recognizes the need to work closely with Boynton staff to avoid unnecessary rework, and therefore relies heavily upon the use of cross -discipline workshops. The workshops are designed to bring Carollo and Boynton staff together in facilitated working forums. "Pitch Deck" deliverables will be used to keep you informed, and to document the work. A Pitch Deck is a short, executive briefing, consisting of a PowerPoint slide deck summarizing the findings, conclusions, and recommendations of major tasks completed. The Pitch Decks produced and delivered will be used for multiple purposes, including: progress reporting; documentation of tables, figures and graphics; and for use in the User Guide and training sessions for the model. SCOPE TASKS TASK 1- VISIONING, MODEL PERFORMANCE, AND EXPECTATIONS WORKSHOP The purpose of this task is to establish the overall vision for the deliverables of this project, identify and clarify the needs and goals of Boynton, and determine how those needs are going to be met during the project. 1. A Visioning, Model Performance, and Expectations Workshop will be conducted to develop the vision and framework, and set the overall direction for the development of the UMOP and also the engineering models that will be developed as part of this project. 2. In this workshop, Carollo's existing software applications, Master Plan Manager T" (MPM) and Water/Wastewater Asset Manager T11 (WAM), will be demonstrated to ensure that no "reinvention of the wheel" occurs, and to determine if a combination of models, or modules from existing models might be suitable as the starting point in developing the customized UMOP for Boynton. A key issue to address is the overall design philosophy of Page 331 of 408 the model (e.g. "plug and play", modular, web -based, GIS -centric, or other approaches). This task will focus on identifying the major decisions that the UMOP is expected to address.- the ddress;the major inputs that it must integrate; the format and process for integrating those major inputs (Note: it is anticipated that input/output tables formats will be used for incorporating inputs from other models); and reporting outputs in terms of functionality, CIP information, and forecasts. 3. The four engineering models that will be developed or updated as part of this project include the water distribution system model, the recycled water distribution model, the wastewater collection system model, and the stormwater system model. The effort to construct/update, calibrate, and apply these model to develop a CIP will be discussed at this workshop so that Boynton understands what will be developed and delivered based on available data, needs, and budget. A data request will be initiated before this meeting and data gaps will be discussed. 4. Meeting minutes for this workshop will be prepared summarizing findings and conclusions of this workshop. Deliverables 1. Workshop Presentation 2. Workshop Meeting Minutes TASK — GIS -BASED PLANNING DATABASE AND ARCHITECTURE The purpose of this task is to set up the structure and design of the GIS -based mapping of the key water utility assets to allow for rapid development of the hydraulic and engineering models. This includes developing a planning -level system mapping, or architecture, for the UMOP. The existing GIS database will be updated with a phased methodology focusing on model critical information first, and then on other relevant data, as needed. Pertinent data available from Boynton's valve truck and fire hydrant mapping programs will be used, as appropriate. The purpose of this task is to collect and review data, fill in data gaps, and document major model data inputs and assumptions. This task includes the following items: 1. Compile Existing GIS/Mapping Information. Collect and review the relevant Boynton background data necessary for model development. This is anticipated to include past Page 332 of 408 reports, plans, drawings, and existing Excel models (engineering and financial, as available) and databases. Review to ensure that all needed inputs for the models are available. 2. Perform Gap Analysis. Identify data gaps, and develop a "work around" solution to address these gaps based on best professional judgment. Prioritize data gaps and consider phasing, as necessary for filling in the gaps in the near-term for the development of the UMOP application, versus what data can be integrated later. 3. Develop GIS Architecture and Fill in Gaps. Develop an overall GIS "architecture" for integrating and layering of the water utilities. Find the approximate geospatial location of all major assets. Update the inventory with relevant assets that have been put in place in the last 10-15 years with a link to a digital file depositary for as -built drawings. The emphasis will be on completing the engineering models to the level necessary to support analyses and projections needed as inputs to the UMOP. The goal is to quickly get the existing GIS layers (water, wastewater, stormwater, recycled water) registered, and to identify the major data gaps. The priority is to fill in the gaps that affect continuity of the model(s). The challenge will be the water distribution system. The approach here is to take a first cut with "home runs", and literally fill in the missing segments from best professional judgment (BPJ). Budget permitting, the data resolution will be improved in subsequent iterations. The goal is to also identify the links and inter -relationships of key assets to represent the overall system -wide functionality (e.g. wastewater and recycled water system linkages). The end product is to be a user-friendly GIS map -based planning tool that allows for easy updates. 4. Summarize Findings, Conclusions and Recommendations. Develop a Pitch Deck that summarizes the data, findings, and conclusions of this task. Deliverables 1. Updated GIS maps. 2. Pitch Deck summarizing the findings, conclusions, and recommendations of this task. TASK3 —DEVELOP ENGINEERING MODELS OF WATER INFRASTRUCTURE SYSTEMS Page 333 of 408 The purpose of this task is to develop or update hydraulic models of Boynton's infrastructure assets including the water distribution system, recycled water system, wastewater collection system, and stormwater system. Task 3.1 Existing and Future Population Estimates Traffic Analysis Zone (TAZ) data, in GIS format, will be used to estimate existing and future population and employment estimates across the service. If other more detailed data exists for existing and future estimates, it will be considered in the analysis. The existing and future population and employment will be used to estimate water demands and wastewater flows on a unit basis across the service area. These estimates will be developed to provide detailed demands for the water distribution model as well as detailed flow input points for the wastewater collection system model. Task 3.2 Potable Water Distribution System Model An existing hydraulic model of Boynton's potable water distribution system was developed as part of a previous project (City of Boynton Beach Water Distribution System Modeling Study, Final Report, Brown & Caldwell, October 20, 2006). This model was developed in WaterCAD version 7 (Bentley) for all pipes 8 -inches in diameter and greater, calibrated, and applied to develop future improvement alternatives and costs based on growth and demand estimates through 2025. This model and report will be the basis for the potable water distribution system model updates. Boynton will provide Carollo with the latest WaterCAD model. Carollo will discuss with Boynton the options available for other water distribution modeling software beyond WaterCAD (e.g. InfoWater, WaterGEMS) for modeling during this project and interface to the UMOP. Based on updated information available in the GIS (see Task 2) the assets within the water distribution system will be updated. The model will then be calibrated to available pressure and flow data (e.g. SCADA data). It is envisioned that up to 10 locations are to be used for calibration. Because of the available data, information, and model from the 2006 study, it is envisioned that there will not be a major effort to update and the calibration the water distribution model. Use of extended period simulation (EPS) will be assessed and if information exists to support it, and EPS is necessary to accurately model the operation of the system, then EPS will be applied as appropriate. Page 334 of 408 Task 3.3 Recycled Water Distribution System Model A hydraulic model does not currently exist for the Boynton recycled water system. A "backbone" model will develop of the major pipelines serving the existing recycled customers. The model will be built using the same software as used for the water distribution model (Task 3.2). Boynton will provide demands of major recycled water customers and detailed information on pumps and forcemains. This model can either be run as a static simulator or with EPS the dynamic information on flows and pressures exist to make EPS useful. Limited future improvements to the system will be investigated if Boynton can provide future demand locations. Task 3.4 Wastewater Collection System Model A hydraulic model does not currently exist for the Boynton wastewater collection system. The collection system is largely a pumped system with six (6) master pump stations (MPS) and 157 minor lift stations. It is the intent of this task to model enough of the collection system to be able to provide meaningful information on the existing infrastructure while providing enough detail to plan for existing and future capital improvement projects. It is envisioned that dynamic modeling software such as EPA SWMM (or InfoSWMM, PCSWMM, or SewerGEMS) will be used to model the collection system. Therefore, the wastewater collection system model will be developed to include the six MPS and forcemains along with a limited number of minor lift stations. Carollo and Boynton will decide upon the extent of the model beyond the 6 MPSs while considering the available information that will be used to update the GIS developed in Task 2. It is envisioned that little of the gravity network will be included in the model other than major pipelines that link the MPSs together. Much of the small diameter gravity sewers will be aggregated at a basin (or catchment) level and used as flow input loading points to the hydraulic section of the model. This approach provides the "mass balance" that Boynton is looking for, while still providing enough hydraulics to provide meaningful hydraulic analysis. This will allow for full representation of the flows throughout the system with select hydraulics to mimic to the operation of the existing system and plan for future improvements. Both dry weather flows (based on population estimates — see Task 3.1) and estimated infiltration and inflow (1/1) will be developed for each flow input point. The model will be calibrated based on available flow metering data or possibly based on pressure and run-time data from the MPSs and minor lift stations included in the model. It is expected that this data will be digital format (e.g. Page 335 of 408 spreadsheets) at hourly intervals (or less) for use in the model and Carollo will perform no manual data entry. Hourly rainfall data for calibration of 1/1 will be provided by Boynton or acquired from nearby gages such as from the water management district. Design storms will be used to project design level flows for 1/1 estimates. Task 3.5 Stormwater Collection System Model A comprehensive hydraulic model does not currently exist for the Boynton stormwater system. Some limited modeling has been completed by Carollo (in a past study) for parts of the system based on a hydrologic approach. This same hydrologic approach will be used to develop a stormwater system model for the service area. It is envisioned that this approach will provide the "mass balance" approach needed for stormwater flows throughout the system. Very limited hydraulics will be included in the model, but some will need to be included to illustrate potential flooding depths at key locations. Like the wastewater collection system model, it is envisioned that EPA SWMM software (or similar software) will be used to construct this model. Existing landform information (e.g. areas, topography, slopes, soils, imperviousness, etc.) will be used to develop the hydrologic portion of the model. No calibration is envisioned for this model, but design storm will be used to project design flows. As an accepted practice, estimated runoff or peak flows will be compared to peak flows computed using one of the regression equations developed for Florida. In general, the equation that best reflects project conditions will be used, with the reasons for using the equation documented. Deliverables 1. Updated hydraulic model for water distribution and new model of recycled water distribution system. 2. Newforcemain wastewater collection and stormwater collection system models. 3. Pitch Deck summarizing the updated hydraulic water distribution model, and the wastewater and stormwater flow balance models. TASK4— ASSET MANAGEMENT The purpose of this task is to integrate essential information from the existing Transcendent software (Mintek, Inc.) related to repair and replacement need, timing, and costs. Carollo will assess how Mintek can be leveraged beyond the Boynton's vertical assets to also include horizontal assets (pipelines). Specifically, evaluate how Transcendent can be used for automated development of Page 336 of 408 the CIP through establishing key software linkages. Similarly, explore how the NASSCO-PACP video inspection data can be utilized and linked to asset data. Assess the use of Carollo's Wastewater/Water Asset Management (WAMTM) software for capturing the condition, criticality, and risk ranking of the major water and wastewater assets, and for running various "what if" scenarios for investment in repair and replacement versus corresponding reductions in risk achieved for the investment. Investigate how remote sensing and the use of SCADA real-time data can save money while reducing risk of permit violations and process failures compared to using historical asset condition assessments. This includes the opportunity to become a beta -testing site for inexpensive but powerful field "smart monitors" for "just in time" asset replacement or upgrade. This approach could greatly reduce expensive data gathering and investment in acquisition and maintenance of a CMMS predictive maintenance program, and increases accuracy of the need and timing of repair and replacement CIP programs. Deliverables 1. Pitch Deck summarizing the findings, conclusions, and recommendations of the integration of asset management information into the UMOP. TASK 5 — RATES AND FINANCIAL ANALYSIS The purpose of this task is to create an innovative algorithm -based CIP linking the engineering systems with the on-going calculation of rates. The goal is to develop an integrated financial module for the UMOP - the key is built in algorithms that track costs, water and wastewater demands, and system performance, and have automatic adjustments made using consumer price index (CPI) and Engineering News -Record Construction Cost Index (ENRCCI) indices. This allows for seamless integration of rate calculations with built in algorithms and escalators. The rates will be adjusted going forward based on algorithms that account for: 1. Growth (existing flows/demands versus projections). 2. Repair and replacement costs (to maintain reliability) 3. Future regulatory requirements (projected) 4. Projects and programs for increased efficiencies/cost savings 5. O&M costs (indexed to increasing flows/demands, new facilities) 6. Inflation and escalation indices for costs. Page 337 of 408 The algorithms will separate out a sinking fund fee for regulatory changes. For example, if there is an unfunded mandate, the rates can be adjusted. This is intended to help stabilize rates. A key issue is the concept of a tracking system for development fees and capacity reservation. This task will start with a Rate/Financial Workshop for establishing the preferred "rate philosophy" and key policy decisions for the allocation of costs, and who pays. For example, policy decisions will be made on borrowing for R&R; borrowing for growth; desired frequency of rate adjustments; and the calculation methodology for "growth pays for growth". The outcome of these policy decisions will be incorporated in the calculations in CIP module of the UMOP, and financial/rate outputs. The UMOP will also integrate cost data from the financial reports to provide both a dynamic CIP and stabilized rate plan functionality. The overall output should be electronic and should be interactive so that it provides the central planning tool for the Utility. The UMOP will include the following major components: • Dynamic CIP (i.e. projects, costs, timing, linkages) • Stabilized rate setting (i.e. algorithm- based, escalation factors, regulatory changes funding charge, rate stabilization fund, inter- fund transfers. • Tracking system for development fees and capacity reservation (i.e. web -based, interactive, formatted input). • Accommodate changes due to: growth, new regulations, R&R, and new and more efficient technologies. Major deliverables 1. Rate/Financial Workshop. 2. CIP Module in the UMOP (with ability to generate a five-year plan, or any other duration, including R&R funding). 3. Financial/Rate Module Documentation Report (Draft and Final). (This report is intended to document the outcome of the initial Rate/Financial Workshop, and the underlying calculations for allocation of capital and O&M costs to the users.) 4. Pitch Deck summarizing the CIP and Rate Study Recommendations. TASK 6— DEVELOP INTEGRATED OPTIMIZATION MODEL The major purpose of this task is to incorporate the findings, conclusions, and recommendations of the above tasks into the design of a customized optimization model (the UMOP), including a Page 338 of 408 dynamic CIPard stabilized rate plan. This involves incorporating the outputs from the GIS database, engineering models, asset management system, and future committed capacity into the UMOP. The development of the model will progress through the (5) stages: 1. Visioning, Model Performance, Functionality, and Features. a. Task 1 above will set the visioning for the UMOP. The purpose of this task is to confirm, evaluate, and prioritize needs and expectations, identify the functional modules and subroutines to be developed, and to finalize the model development software platform and development schedule. b. Confirm and evaluate the needs and expectations identified in Task 1, and prioritize for development in the model based on available time, budget, and for simplicity. Those that do not make the cut for the initial model development will be put on the "B" List for consideration in phasing later. c. Identify the approach to be taken in developing the functional modules and subroutines for the model. Identify the opportunity to use functional modules from existing Carollo software applications, (i.e. MPMTM, WAMTm, and the Financial Planning Too lTM), asthe basis forthis application. d. Identify software platform for model development. A review will be completed to summarize the advantage, disadvantages, and costs for selecting a specific software platform to developing the UMOP. This platform will need to be able to interface with outside databases and other software. e. Finalize the development schedule and QA/QC steps to assure that modeling functionality and features that are desired will be delivered at the level of performance desired. f. Develop a Pitch Deck that summarizes the findings, conclusions, and recommendations of the above subtasks. This includes the prioritized list of features and functions, and the final software development schedule. Major deliverables 1. Pitch Deck summarizing the UMOP Functionality and Features. 1. Develop "Proof of Concept" Model. The purpose of this subtask is to develop the logic and rationale for the various elements of the model, and to build a "proof of concept" version of the model. This will be built using MS Excel, and will include all the major algorithms to be included in the final model. a. Develop the Model Inputs, Outputs, and Performance Table. Summarize in table format, the inputs, outputs, and performance expectations (e.g. ability to adapt Page 339 of 408 to changes in future water and wastewater demands). b. Develop the Decision Map. The UMOP is intended to be uses to support the annual budget/CIP cycle. Therefore, develop a generic calendar for the annual budget cycle, and sequence of steps, data, and major decisions to be supported by the UMOP. What are the major decisions to develop the CIP? Who makes them? What information/data is needed? Who is responsible for generating the needed information/data? How are the decisions made (i.e. what are the decision rules)? c. Develop the Model Flow Chart, and Page Dern Features. The flow chart will build upon the Decision Map developed in Subtask B above, and will identify the process and steps, connections, inputs, outputs, and in which stages calculations need to be made. It will also identify which, if any, functional modules will be used from other existing Carollo models as a basis going forward. d. Develop the Proof of Concept Model in MS Excel. Major deliverables 1. Inputs, Outputs, and Performance Expectations Table. 2. Decision Map. 3. Model Flow Chart 4. Proof of Concept" Model (Excel -based). 2. Develop Prototype Model. The purpose of this subtask is to use the "Proof of Concept" Model developed above in MS Excel, and to migrate to a detailed prototype model in an ExtendSim (ImagineThat Inc.) or similar programmable application platform. 1. Develop a computer model Prototype. The Prototype will be configured around the main parameters and which displays how each "page" of the Optimization Model will be set up, how the required information is interlinked, which cells are user entered or calculated, defines the calculations to be used, and associated user restrictions. Graphing and reporting capabilities will also be developed and detailed. A Help Menu will be developed aswell forthe model. Major deliverables 1. Detailed prototype model in an ExtendSim or similar application format. 3. Develop a Beta Model. The purpose of this subtask is to ensure that the prototype version developed in above performs as it was intended. Also, this subtask will configure the data in the format needed for feeding the Model, and will initially populate the model with the formatted data: Page 340 of 408 1. Review the Prototype Model for functionality and features. Determine that they are performing correctly and resolve any conflicts or programming errors, within given scope and budget. Testing shall be completed over several iterations of programming, testing, identifying errors and solutions, and reprogramming. 2. Configure and Format Data for Model Application. The purpose of this task is to configure the background data, and major modeling and planning assumptions for formatting for input to the model. This requires the consideration of the model logic diagrams and calculation sequence flow diagrams. The required outputs will be linked to more than one calculation pathway, or will be checked against independent pathways, to assure internal consistency and "self correcting". 3. Populate Model with Configured Data. The purpose of this task is to populate the model and the formatted data spreadsheets with the raw data and major planning assumptions. This includes a QA/QC process of double entry to reduce the probability of data input error. Major Deliverables 1. Beta Model version. 4. Finalize Working Model. The purpose of this subtask is to further develop the beta System Optimization Model into a production version of the "Working Model". The design of the model will be algorithm -driven, so that it "self adjusts" to accommodate changes in future connections, regulatory requirements, asset management R&R timing, and financial indices and metrics. The Optimization Model will include the following major components: 1. Dynamic CIP (i.e. projects, costs, timing, and project linkages) 2. Stabilized Rate Setting (i.e. algorithm- based, escalation factors, regulatory changes funding charge, rate stabilization fund, inter- fund transfers.) 3. Tracking system for development fees and capacity reservation (i.e. web -based, interactive, formatted input). 4. Programmed to accommodate changes in future growth, regulatory, and R&R need and timing. The major use of the Phase 1 model and anticipated application isasfollows: 1. Development of tables and graphs that can be used to support the 10 -year CIP Report, summarizing project need, timing, and costs. 2. "What if" scenario capability to assess the impact of engineering and management decisions on the overall system performance, capital cost, and Page 341 of 408 operating costs. 3. A User Help Menu will be developed in conjunction with the finalization of the model. The User Help file will document relevant calculations, as well as provide basic useroperating information and guidance. TASK 7 — CALIBRATE WORKING MODEL The purpose of this task is to calibrate the final Working Model by developing a range of scenarios: 1. For each of the major inputs and assumptions in the model, develop a reasonable range of expected high and low ("bookend")values. 2. Considering the expected ranges, create scenarios to be evaluated as to the system response using the Model. 3. Evaluate the results of the scenario runs to identify general system -wide correlations for the major input variables. The scenario outputs will result in sensitivity analyses for the parameters that are changed. 4. Develop a draft Pitch Deck summarizing the findings, and conclusions of the above tasks. Deliverables 1. Pitch Deck summarizing the findings, conclusions, and recommendation of the Scenario Development. TASK 8 — UMOP DOCUMENTATION, START-UP AND TRAINING The objectives of this task are: 1) to provide a "user manual' level of documentation of the underlying UMOP features and functionalities, 2) to provide support during the initial use and start-up of the UMOP, and 3) to educate Boynton staff in the use of the UMOP. Documentation will be developed for the management -user level. Support will be for implementation of the UMOP as initially designed and intended. This is envisioned to include correcting minor "bugs" and software fixes, to incorporating additional desired formats and outputs. (Note: additional design features and functions will be addressed within available budget, as they are not knowable at this time.) Training will include two one -day sessions with up to five (5) Boynton staff where staff will become familiar with the features and functionality of the model. Page 342 of 408 Deliverables 1. UMOP User Manual and Documentation. 2. Two one -day training sessions on the use of the UMOP. TASK 9 — MEETINGS/ WORKSHOPS/ PROJECT MANAGEMENT Project Management and Budget/Scope Review. Monthly progress reports, tracking and managing the budget variance based on actual versus budgeted, maintaining the overall schedule, and coordination of subconsultants. Meet monthlyto reviewthe initial scopetasks and intent, and to make adjustments in direction and budget/level of effort as necessary to keep to the overall vision and goal for the project. Workshops. Collaboration is absolutely essential to convert your vision and needs into reality. Based on our experience, we suggest addressing all key decisions and reviewing all findings and conclusions at the following key Milestone Workshops: 1. Project kick-off and Visioning/Model Performance/Expectations 2. Proof of Concept Model 3. Prototype Model 4. Beta -version Model S. Working Model Progress Meetings. Progress meetings will be held monthly to discuss the progression and direction of the project, milestones that have been achieved, current work efforts, budget, schedule, and any issuesthatmayarise. Monthly Progress Reports. Monthly progress reports will be prepared that discuss the work conducted and by whom during the month, budget and schedule status, and work to be completed by the next progress report. Communications. Project management will include general communication among Carollo, subconsultants, and Boynton staff members for overall facilitation, and to ensure that the project is completed on time and within budget while meeting Boynton's goals. Page 343 of 408 Carollo Engineers Boynton Beach Utilities Management Optimization Plan Budget Breakdown January 8, 2016 TNosk o. Description Budget* ($000) 1 Visioning, Model Performance, and Expectations Workshop $20 2 GIS -Based Planning Database and Architecture 75 3 Develop Engineering Models of Water Infrastructure System 230 4 Asset Management 50 5 Rates and Financial Analysis 75 6 Develop Integrated Optimization Model 380 7 Calibrate Working Model 30 8 UMOP Documentation, Start-up and Training 60 9 Meetings/Workshops/Project Management 75 TOTAL $995 *Note: The level of effort and associated budget for each of the individual tasks is an estimate at this time, and is considered preliminary. This initial estimate is based on assumptions that may change, as more information is made available, such as existing GIS/data accuracy, and desired UMOP functions and features. The approach to project management will be to review and revise, as necessary, the initialscope forthe tasks onamonthly basis. Adjustments indirection and budget/level of effortwill be made to keep to the overall vision and goal fortheproject Therefore, the Boynton Utilities Department reserves the right to manage the UMOP development within the overall budget, and may increase/decrease individual task budgets accordingly. Page 344 of 408 V PUBLIC HEARING 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-007 -Approve First Amendment to the land development agreement between the City of Boynton Beach and SKYE at Boynton Beach, LLC that involves defining the developer obligations as part of a construction agreement between the City and FDOT for certain roadway improvements along South Federal Highway in FDOT Right -of -Way. EXPLANATION OF REQUEST: On July 1st, 2014 the City Commission approved the 500 Ocean site plan for the mixed use project consisting of 341 dwelling units within five (5) six (6) story buildings, retail space, and associated amenities and parking, zoned MU -H (Mixed Use High). As a condition of approval the developer agreed to enter into a developer's agreement with the City outlining the maintenance obligations for the future sidewalks, street lighting, and drainage improvements. On May 5th, 2015 the land development agreement between the City of Boynton Beach and SKYE at Boynton Beach, LLC was approved by the City Commission on second reading. (RESOLUTION NO. R15-047) The First Amendment outlines the developer obligations as required by the execution of a Construction Agreement between the City of Boynton Beach and the Florida Department of Transportation for certain right of way improvements along South Federal Highway adjacent to the 500 Ocean project required as part of the FDOT permitting process. The Land Development Agreement process is permitted in the State of Florida, but approval of the agreement and any amendments must occur with mandatory public notice requirements and two public hearings, in accordance with 163.3225(2), F.S. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Budgeted None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 345 of 408 Is this a grant? Grant Amount: ATTACHMENTS: Type D Resolution D Resolution D Amendment REVIEWERS: Department City Clerk Description Resolution approving 1stAmendment to Developers Agreement Resolution #R15-047 First Amendment to Developers Agreeement 500 Ocean Reviewer Action Date Pyle, Judith Approved 1/6/2016 - 9:19 AM Page 346 of 408 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, APPROVING A FIRST AMENDMENT TO DEVELOPER'S AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SKYE AT BOYNTON BEACH, LLC, THAT DEFINES THE DEVELOPER'S OBLIGATIONS AS PART OF A CONSTRUCTION AGREEMENT BETWEEN THE CITY AND FDOT FOR CERTAIN ROADWAY IMPROVEMENTS ALONG SOUTH FEDERAL HIGHWAY IN FDOT RIGHT OF WAY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 1, 2014 the City Commission approved the 500 Ocean site plan for the mixed use project consisting of 341 dwelling units within five (5) six (6) story buildings, retail space and associated amenities and parking, zoned MU -H (Mixed Use High); and WHEREAS, on May 5, 2015, the land development agreement between the City and SKYE at Boynton Beach, LLC., was approved via Resolution 15-047; and WHEREAS, the First Amendment outlines the developer obligations as required by the execution of a Construction Agreement between the City of Boynton Beach and the Florida Department of Transportation for certain right of way improvements along South Federal Highway adjacent to the 500 Ocean project required as part of the FDOT permitting process; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach Florida deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize the City Manager to sign the First Amendment to the Developer's Agreement between the City of Boynton Beach and SKYE at Boynton Beach, LLC. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1B3B36F4-7A67-4963-B7ED-BC9FE6ABEE3A\Boynton Beach. 2532.1. SKYE_lst Amendment to_Developers_Agmt_-_Reso.doc Page 347 of 408 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 33 as being true and correct and are hereby made a specific part of this Resolution upon 34 adoption. 35 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 36 approves and authorizes the City Manager to sign the First Amendment to the Developer's 37 Agreement between the City of Boynton Beach and SKYE at Boynton Beach, LLC., a 38 copy of the First Amendment to Developer's Agreement is attached hereto as Exhibit "A". 39 Section 3. That this Resolution shall become effective immediately. 40 PASSED AND ADOPTED this day of , 2016. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 ATTEST: 57 58 59 60 Janet M. Prainito, MMC 61 City Clerk 62 63 (Corporate Seal) 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 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1B3B36F4-7A67-4963-B7ED-BC9FE6ABEE3A\Boynton Beach. 2532.1. SKYE_lst Amendment to_Developers_Agmt_-_Reso.doc Page 348 of 408 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RES[ IXTION NO. R15-047 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A DEVELOPER'S AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SKYE AT BOYNTON BEACH, LLC, THAT DEFINES THE DEVELOPER MAINTENANCE OBLIGATIONS AND PROCESS FOR CREDITS TO CERTAIN IMPACT FEES, AUTHORIZING THE MAYOR AND CITY CLERKTO SIGN T14E DEVELOPER'S AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On July 1, 2014 the City Commission approved the 500 Ocean site plan for the mixed use pro.ject consisting of 341 dwelling units within five (5) six (6) story buildings, retail space and associated amenities and parking, zoned IV U -H (Mixed Use High), and WHEREAS. as a condition of approval the developer agreed to enter into a developer's agreement with the City outlining the maintenance obligations for the future sidewalks, street li0hting and drainage improvements, and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach Florida deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize execution of the Developer's Agreement between the City of Boynton Beach and SKYl'-,`, at Boynton Beach, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I, The 'foregoing "Whereas" clauses are hereby ratified and confirmed as beim, true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of` the City of" Boynton Beach, Florida, hereby C` Tr crsl)rainitc) I 1:111porary Devetopers, Agnit _Reso.doc Page 349 of 2 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 approves and aLithorizes the Mayor and City Clerk to sign the Developer's Agreement between the City of'Boynton Beach and SI YF. Boynton Beach, LLC., which defines the developer maintenance obligations and process for credits to certain impact fees, a copy of the Developer's Agreement is attached hereto as Exhibit LA-. Section 3 'I"hat this Resolution shall become effective imniediately. PASSED AND ADOPTED this 5'; day of May, 2015. CFI'Y OF BOYN'FON BEACH, FLORIDA PANIM" M 4. 11rainito, WNW lerk YFS NO Mayor -- Jerry Tay I or Vice Mayor — Joe Casella Commissioner -- David 1'. Merker (Z" Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE huerim —Reso-doc Page 350 of THIS INSTRUMENT WAS PREPARl.",t) BY AND SHOULD BE RETURNED TO: Gerald J. Biondo, Esq. Murai Wald Biondo Moreno & Brochin, PA 1200 Ponce de Leon Blvd. Coral Gables, FL 331')4 1' )4 DEVELOPER'S, AGREEMENT This DEVELOPER'S AGREEMENT (the "Agreement") is made and executed this day of April 2015 by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation (the "City"), whose address is 100 E. Boynton Boulevard, Boynton Beach, Florida 33435, and SKYE AT BOYNTON BEACH, LLC, a Florida corporation as assignor for an entity in formation ("Developer") whose address is 650 S. Northlake Boulevard, Suite 450, Altamonte Springs, Florida 32701. WITNESSETH WHEREAS, Developer has contracted pursuant to a written Purchase Contract (the "Purchase Contract") to purchase frorn Capstone, Residential Development, a Delaware Limited Liability Company the fee simple ownership of certain real property containing 4,688 acres +/- located in the City of Boynton Beach and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the Property); and WHEREAS Developer desires to buy the Property, provided that Developer is able to develop the Property as a residential multifamily community to be comprised of up to 341 residential units in a building which contains five (5) to six (6) stories. esi , plus a parking garage, and approximately 13,300 square feet of retail space, and approximately 6,600 square feet of office space (the "Project") as depicted in that certain approved site plan, entitled "500 Ocean", dated April 15,2105, and prepared by MSA Architects under project No. 1593, Sheet Number A 1. 1, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference (referred to as the "Master Site Plan") and in accordance with the terms and conditions of this Agreement and Development Order date July 1, 2014 granted by the City Commission of the City of Boynton Beach ( hereafter the " Development Order") ; and WHEREAS the City and Developer desire to set forth the following special terms and conditions with respect to the, proposed development of the Project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: I . Recitals, The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Authori!y, This Agreement is entered into pursuant to the 1"lorida Municipal Home Rule Powers Act. Page 351 of 408 3. Obligations and Commitments. In consideration of the City and Developer entering into nto this Agreement, and as an inducement for Developer to buy the Property, the City and Developer hereby agree as follows: - (a) Approval of Master Site Plan, The City hereby has approved the Master Site Plan on July 1, 2014, subject to the terms of the Development Order and this Development Agreement (b) Zoning Amendment. The Zoning map of the City has been amended to "Mixed Use High (MU-1-1)" corresponding with the project master/site plan, (c) Utilities. Existing overhead utility lines along the rights-of-way shall be buried to improve the appearance of the development with the exception of SE, 2"d Avenue. The developer will relocate the existin overhead utility lines along SE 2d Avenue to the south side of the right of way along SE 2" Avenue. 'file developer will provide surety to the City and maintain the surety for the duration of the developers agreement to bury the overhead utilities lines across Federal Hwy at SE 2nd Avenue in the amount of 50% of the cost based on an licensed engineer's or FPL's estimated cost. All utility poles will be designed in accordance with FPL standards. (d) Over Sizing of Lines. The Developer will upsize certain utility lines and install new utility lines that do not serve the Property pursuant to the plans approved by the City. Capital facilities charge credits will be available for the pipelines that are oversized and/or new lines installed that serve other properties in accordance with the provisions of Chapter 26 of the City Code of Ordinances. The City will reimburse the Developer after "Final Acceptance" of the water and reuse main improvements for the project based on the percentages indicated on Exhibit I attached hereto. Final Acceptance involves compliance with the City requirements as follows: (aa) the granting of an appropriate casement over the Developers Property in the location of tile utility line (bb) the conveyance of said facilities by Bill of Sale (cc) the completion of all city required punch list items (dd ) the delivery of "`as built "plans (ee) the approval and sign of the City Health Department (e) Credit Against ImEaKcLt=Fees. Developer is entitled to a credit against the impact fees as follows: (aa) The City will collect impact fees for the benefit of Palm Beach County in connection with the procurement of building permits by the Developer, The Developer contemplates procuring a credit from Palm Beach County for an amount equal to the payments and usage of the prior owner of the site in connection with a development that has been abandoned . To the extent the Developer properly documents the same to the reasonable satisfaction of the City, the City will apply Page 352 of 408 said credit against the fees collected at time of building permit issuance. (bb) A Capital Facilities Charge (Water and Sewer) credit from the City in the amount of $22,516 is to be applied against the Capital Facilities charges. (0 Construction of Storm Water Improvements. Developer has designed the Project so that all storm water quality, retention and/or detention improvements for the Project, together with the interior roadways and driveways to be located within the Project, drain into the existing City maintained drainage system. The Developer, at their expense, will be required to provide an easernent for conveyance of storm water for the public rights of way adjacent to the Property by relocating and constructing a new drainage system on the subject Property. The Developer and/or its successors will be responsible for the maintenance of said portion of the relocated drainage system within the subject Property boundaries in perpetuity. In the event the developer and/or its successors breaches and provision of this condition, the City may exercise one or more of the following options, provided that at no tine shall City be entitled to receive double recovery of damages: (aa) 'Pursue a claim for damages suffered by City or the public. (bb) Pursue any other remedies legally available. (cc) As to any work not performed by the developer and/or its successors, perform such work with its own forces or through contractors and seek reimbursement for the cost thereof from the developer and/or its successors if the developer and/or its successors fails to cure the non-perfon-nance within fourteen (14) days after written notice from the City of the non-performance; provided, however, that advance notice and cure shall not be preconditions in the event of an emergency. These obligations shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions similarly shall be binding upon the, Property and shall run with title to the same. (g) No Plattin -,. The Property is not required to be platted. It currently has only one tax ID #; to wit, 084345 80300 0010, evidencing it is one unified parcel. Developer shall record a unity of title for the entire Property in form and content reasonably satisfactory to the City. (h) Levels of Service. The City acknowledges that the -Levels of Service" monitored by the City and located and subject to the jurisdiction of the City (e.g. water, sewer, wastewater, solid waste, city roads, parks, school facilities) located in the vicinity of Page 353 of 408 the Property were sufficient to accommodate the Project at the time of Master Site Plan approval, (i) Maintenance Obligations. The Developer and or any successor in title to the Property agrees that they will have the continuing obligation to maintain the street lighting adjacent to the Project , so as to illuminate the public rights of way adjacent to the Project, said street lights being located in Ocean Avenue, SE 4"' Street, SE 2 d Avenue and Federal Highway but only with respect to the portion of said streets lying contiguous to the Project . The Developer at its expense shall install and provide street lighting iyhting for the right of way adjacent to the Project along Ocean Avenue, SE 4"' Street, SE 2' Avenue and Federal Highway. The Developer will provide surety and liability insurance for the work located within the City and FDOT right of way in a form acceptable to the City prior to issuance of permits. The Developer and any successor in title will be responsible far the energy cost and maintenance of lighting in perpetuity for the street lights adjacent to the Property. In the event the Developer or a successor in title breaches the afore -described covenant the City may exercise one or snore of the following options: (aa) Pursue a claim for damages suffered by City or the public. (bb) Pursue any other remedies legally available. (cc) As to any work not performed by the developer and/or its successors, perform such work with its own forces or through contractors and seek reimbursement for the cost thereof from the developer and/or its successors if the developer and/or its successors fails to cure the non-performance within fourteen (14) days after written notice from the City of the non-performance; provided, however, that advance notice and cure shall not be preconditions in the event of an emergency. These obligations shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions similarly shall be binding upon the Property and shall run with title to the same. 4. Sidewalk Easement. Prior to TCO, CO and/or acceptance of any offsite improvements the required five (5) foot minimum unobstructed sidewalk easement for public access adjacent to SE 4`h Street, SE 2" d Avenue, and Ocean Avenue must be recorded and dedicated to the City, The Developer and/or its successors will responsible for the maintenance of said sidewalk within the five foot easement in perpetuity. This condition shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. The terms and conditions similarly shall be binding upon the Property and shall run with title to the same. Page 354 of 408 5. Representations of the Parties. The City and Developer hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement will. When title to the Property is vested in Developer and/or its designated assignee and when duly executed and delivered by the City, then this Agreement will be recorded in the Public Records of Palm Beach County, Florida, and will constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Developer represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. In the event Developer and/or its assignee does not acquire title to the Property pursuant to the Purchase Contract then this agreement shall be of no force and effect. 6. Time Period. This agreement shall remain in effect for a period of three (3) years form the date hereof. Any provision of this Agreement which imposes a maintenance obligation for the developer and it's successors after expiration of this Agreement shall survive the expiration of this Agreement. 7. Successors and Assigns, This Agreement shall automatically be binding upon and shall inure to the benefit of. the City and Developer and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. 8. Applicable Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9. Amendments. This Agreement shall not be modified or amended except by written agreement duty executed by both parties hereto (or their successors or assigns) and approved by the, City Commission. 10. Entire Agreement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Developer as to the subject matter hereof. 11, Severability. If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 12. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 13. Recordation. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida. 14. Relationship of the Parties, The relationship of the parties to this Agreement is contractual and Developer is an independent contractor and not an agent of the City. Nothing Page 355 of 408 herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 15, Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statilles or any other limitation on the City's potential liability under the state and federal law. 16. City's Police Power, Developer agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 17, �In�terre�tation, The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 18.Third-Tarty Rights. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights -on behalf of any third party, provided however, Developer will assign its rights under this document to a to be formed development entity. 19. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree, that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 20, Attorney 's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 21. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The 'failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall riot relieve Developer or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or part thereof, if Developer is in breach of any term and condition of this Agreement, JSI(;N,4 TUR E ON FOL L 0 WING 1'.4 GE1 Page 356 of 408 IN WITNESS WHEREOF, the parties have hereunto set their hands and seat on the date first above written. QUICUIN m AUWD-12-1101Vmjfflom 13ffol a By: APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of BOYNTON BEACH, Florida only. Dated : mm Page 357 of 408 Signed, scaled and Delivered in the presence of the following witnesses STATE OF FLORIDA COUNTY OF ORANG1` SKYE AT BOYNTON BEACH, LLC ("Developer") 0 Salvador Leccese, President/Manager The foregoing instrument was acknowledged before me this day of 2015 by SALVADOR LECCESE, as President/ Manager of Skye at Boynton Beach, LLC a Florida Limited Liability Company on behalf of said corporation. He is personally known to me or has produced - as identification. Notary Public Signature Print Narne- Commission No: My Commission Expires: C\I.Jsersii,nitcka\l)esktol)1500 Ocean - St.". 2nd Ave (FIII-)\Developer's Agreement redline 3.17.15—with City Corn mcnts-- Fi naL doe Page 358 of 408 EXHIBIT 44A91 LEGAL DESCRIPTION PARCEL 1. All of Lots I through 14, inclusive, Block 7, LESS the North 8 feet of Lots I through 7, and LESS the East 10 feet of the North 60 feet of said Lot 14, and ALSO LESS that part of Lot 14, LESS the North 60 feet thereof, which is included in the external area formed by a 12 foot radius are tangent to the South line of said Lot 14 and tangent to a line 10 feet West of and parallel to the East line of said Lot 14, Block 7, TOWN OF BOYNTON, according to the Plat thereof, as recorded in Plat Book 1, page 23, of the public records of Palm Beach County, Florida. PARCEL 2 That alleyway identified as SE Ist Place lying between Lots I through 7 and Lots 8 through 14, Block 7, vacated pursuant to Ordinance No. 003- 021, recorded in Official Records Book 15483, page 375 and Ordinance No. 05-053 recorded in Official Records Book 19430, page 1099 and in Official Records Book 19461, page 143, all of the public records of Palm Beach County, Florida, which is more particularly described as follows: A portion of that certain 20 -foot alley adjacent to Lots I through 4 and Lots 11 through 14, together with the North half of said alley lying South of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the Plat thereof, as recorded in Plat Book 1, page 23, of the public records of Palm Beach County, Florida. AND A portion of that certain 20.00 foot wide alley lying adjacent to Lots 6 through 9, together with the South half of said alley lying North of and adjacent to Lot 10, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the Plat thereof, as recorded in Plat Book 1, page 23, of the public records of Palm Beach County, Florida, more particularly described as follows: Beginning at the Southwest corner of said Lot 7; thence South 88' 59' 27" East along the South line of Lots 7 and 6, a distance of 100.00 feet to the Southeast corner of said Lot 6; thence South 00c' 02' 09" West along the Southerly extension of the East line of said Lot 6, a distance of 1.0.00 feet to the centerline of said 20.00 foot wide alley; thence Page 359 of 408 South 881 59' 27" East, along said centerline, 50.00 feet to an intersection with the Northerly extension of the East line of said Lot 10, thence South 000 02' 09" West, along said Northerly extension, 10.00 feet to the North line of said Lot 10; thence North 881 59' 27" West, along the North line of said Lots 10, 9 and 8, a distance of 150.00 feet to the East right of way line of Southeast 4th. Street; thence North 000 02' 09" West, along said East right of way line, 20.00 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida. The North 80 feet of Lot I through 7, inclusive, and the South 80 feet of Lots 8 through 14, inclusive, Block 12, TOWN OF BOYNTON, according to the Plat thereof, as recorded in Plat Book 1, page 23, of the public records of Palm Beach County, Florida, LESS the East 10 feet of the North 80 feet of said Lot 1, and LESS that part of the North 80 feet of said Lot 1, which is included in the external area formed by a 12 foot radius are tangent to the North line of said Lot I and tangent to a line 10 feet West of and parallel to the East line of said Lot 1, and LESS the West 5 feet of the North 80 feet of said Lot 7, and LESS the West 5 feet of the South 80 feet of said Lot 8, and LESS the East 10 feet of the South 80 feet of said Lot 14, and LESS that part of said Lot 14 described as follows: From a point on the South line of Lot 14 located 10 feet Westerly of the Southeast corner of said Lot 14, run Westerly along the South line of said Lot 14 for 25.51 feet; thence run in a Northeasterly direction along the are of a curve concave to the Northwest and having a radius of 25 feet for a distance of 39.78 feet to a point on a line parallel to and 50 feet Westerly of, measured at right angles to, the Base Line of Survey of State Road 5, Section 9301205; thence run South 01 59' 45" East along said parallel line for 25.51 feet to the POINT OF BEGINNING. Lots 1, 2 and 3, Plat of PORTION OF BLOCK 12, TOWN OF BOYNTON, according to the Plat thereof, as recorded in Plat Book 15, page 18, public records of Palm Beach County, Florida, LESS the East 10 feet of said Lots 1 and 2, and LESS the West 5 feet of said Lot 3. PARCEL 5 That part of SE 1st Avenue lying between Block 12 and Block 7, vacated Pursuant to Ordinance No. 05-052 recorded in Official Records Book Page 360 of 408 19379, at page 101, of the public records of Palm Beach County, Florida, which is more particularly described as follows: That certain 40.00 foot wide right-of-way bounded on the North by the South line of Block 7, on the South by the North line of Block 12, on the East by the West right of way line of Federal Highway (U.S. Highway No. 1) and on the West by the East right of way line of S.E. 4th Street, all in the ORIGINAL TOWN OF BOYNTON, according to the Plat thereof as recorded in Plat Book 1, page 23, of the public records of Palm Beach County, Florida, being more particularly described as follows: Commencing at the Southwest corner of Lot 8 in said Block 7; thence South 880 59' 27" East along the South line of said Block 7, a distance of 5.00 feet to the POINT OF BEGINNING; thence continuing along said South line South 881 59' 27" East, 335.01 feet; thence South 00' 02' 09" West, 51.80 feet to a point of cusp on the West right of way line of Federal Highway (U.S. Highway No. 1, State Road No. 5); thence Northwesterly along the are of a curve concave to the Southwest, having a radius of 12.00 feet, a central angle of 891 01' 36", an are distance of 18.65 feet to the point of tangency; thence North 881 59' 27" West, along the North line of said Block 12, a distance of 323.21 feet to the East right of way line of S.E. 4th Street; thence North 001 02' 09" East, along said East right of way line, 40.01 feet to the POINT OF BEGINNING; said lands lying in the City of Boynton Beach, Palm Beach County, Florida. PARCEL 6 That part of the sidewalks lying along Ocean Avenue, SE 4th Street and SE 2nd Avenue vacated pursuant to Ordinance No. 05-054 recorded in Official Records Book 19359, at page 1876, of the public records of Palm Beach County, Florida, which is more particularly described as follows: Portions of Southeast 4th Street, Southeast 2nd Avenue and Ocean Avenue lying adjacent to Blocks 7 and 12, ORIGINAL TOWN OF BOYNTON, according to the Plat thereof, as recorded in Plat Book 1, page 23, of the public records of Palm Beach County, Florida, and Block 12, ORIGINAL TOWN OF BOYNTON (REVISED PLAT), according to the Plat thereof, as recorded in Plat Book 15, page 18, of said public records, being more particularly described as follows: Beginning at the Southwest corner of said Block 7; thence South 001 02' 09" West along the West line of said Block 12, a distance of 312.55 feet to a point on the are of a non -tangent curve concave to the Northeast (a Page 361 of 408 radial line through said point bears South 69' 00' 03" West from the radius point of the next described curve); thence Southeasterly along the are of said curve having a radius of 16.19 feet, a central angle of 490 54' 09", an are distance of 14.10 feet; thence South 880 31' 35" East, 313.23 feet to a point on the are of a non -tangent curve concave to the Northwest (a radial line through said point bears South 001 45' 40" West from the radius point of the next described curve); thence Northeasterly along the are of said curve having a radius of 24.00 feet, a central angle of 440 49' 08", an are distance of 18.77 feet; thence North 000 02' 09" East, along the West right of way line of Federal Highway (U.S. No. 1, State Road No. 5) to a point of cusp ►with a curve concave to the Northwest and reference Point ""A""; thence Southwesterly along the are of said curve having a radius of 25.00 feet, a central angle of 900 58' 24", an are distance of 39.69 feet to a point on the South line of said Block 12 and the point of tangency; thence North 880 59' 27" West along said South line, 309.58 feet; thence North 001 02' 09" East, 312.55 feet to the South line of said Block 7; thence North 880 59' 27" West along said South line, 5.00 feet to the POINT OF BEGINNING. TOGETHER WITH: Commencing at said reference Point "A"; thence North 001 02' 09" East, 551.91 feet to the POINT OF BEGINNING; thence North 000 02' 09" East, 6.10 feet to a point on the are of a non -tangent curve concave to the Southwest (a radial line through said point bears North 500 46' 09" East from the radius point of the next described curve); thence Northwesterly along the arc of said curve having a radius of 24.00 feet, a central angle of 490 48' 36", an arc distance of 20.84 feet; thence North 880 59' 27" West, 152.24 feet; thence South 450 33' 42" West, 4.32 feet; thence South 880 59' 27" West, 166.51 feet; thence South 00' 02' 09" West, 11.51 feet; thence South 881 59' 27" East, 340.01 feet to the POINT OF BEGINNING. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida. PARCELS I THROUGH 6 ALSO DESCRIBED AS: Portions of Blocks 7 and 12, ORIGINAL TOWN OF BOYNTON, according to the Plat thereof, recorded in Plat Book 1, page 23, of the public records of Palm 'Beach County, Florida. TOGETHER WITH portions of Southeast 4th Street, Southeast 2nd Avenue and Ocean Avenue lying adjacent to said Blocks 7 and 12, ORIGINAL TOWN OF BOYNTON, according to said Plat. TOGETHER WITH a portion of Southeast 1st Avenue lying between said Blocks 7 and 12, now vacated, and a portion of Southeast 1st Place lying in said Block 7, now vacated, ORIGINAL TOWN OF BOYNTON, according to said Plat. TOGETHER Page 362 of 408 WITH a portion of Block 12, ORIGINAL TOWN OF BOYNTON (REVISED PLAT), according to the Plat thereof, as recorded in Plat Book 15, page 18, of said public records, being more particularly described as follows: Commencing at the intersection of the centerline of Ocean Avenue with the centerline of Federal Highway (State Road No. 5, U.S. Highway No. 1) (100 foot right of way).; thence North 881 59' 27" West along said centerline of Ocean Avenue, 50.01 feet; thence South 001 02' 09" West, 26.91 feet to the POINT OF BEGINNING; thence continue South 001 02' 09" West, 558.24 feet to a point on the arc of a non -tangent curve concave to the Northwest (a radial line through said point bears North 441 03' 28" West to the radius point of the next described curve); thence Southwesterly along the are of said curve having a radius of 24.00 feet, a central angle of 441 49' 08", an are distance of 18.77 feet to the point of tangency; thence North 881 31' 35" West, 313.23 feet to a point on the arc of a non -tangent curve concave to the Northeast (a radial line through said point bears North 190 05' 54" East to the radius point of the next described curve); thence Northwesterly along the arc of said curve having a radius of 16.19 feet, a central angle of 490 54' 09", an are distance of 14.10 feet, thence North 000 02' 09" East, 588.85 feet; thence South 881 59' 27" East, 166.51 feet; thence North 450 33' 42" East, 4.32 feet; thence South 880 59' 27" East, 152.24 feet to the beginning of a tangent curve concave to the Southwest; thence Southeasterly along the are of said curve having a radius of 24.00 feet, a central angle of 49' 45' 36", an are distance of 20.84 feet to the POINT OF BEGINNING. Page 363 of 408 MAMIJAM"I Page 364 of 408 EXHIBIT I EXHIBIT 1 500 OCEAN PROJECT ESTIMATED UTILITY COSTS Page 365 of 408 ESTIMATED CITY DEVELOPER CITY DESCRIPTION COST SHARE SHARE PERCENTAGE 16" WATER 4TH STREET- 458 LF $ 128,240 $ 91,601 $ 36,639 71.43% 16" WATER 4TH STREET- 200 LF $ 56,040 $ 56,000 100 12" REUSE WATER 2ND AVE- 378 LF $ 75,000 $ 75,444 100% 100% 12" WATER FEDERAL HW FORTH- 193 LF $ 61,000 61,044 8" WATER FEDERALHW- SOUTH- 486 LF $ 119,400 $ 119,000 0% m...__ .,,.... �.w _...®. ...............� 12" WATER RETAIL PARKING,- 355 LF .._..., ..... 48,500 S .. .,..,,. 31.,776 $ _ ,�.,.o...m 16,724 ,..,,.... 65,52% 8" SANITARY RETAIL PARKING- 447 LF 56,044 $ $ 56,000 0% 8' WATER UNDER BUILDING CREDIT 429LF $ 9,000 $ t $ 0�� TOTAL $ 552,740 $ 315,376 $__- 228,364 Page 365 of 408 FIRST AMENDMENT TO DEVELOPER'S AGREEMENT This First Amendment to Developer's Agreement is made and entered into this day of January, 2016 by and between the City of Boynton Beach (hereinafter referred to as "City") and Skye at Boynton Beach, LLC., (hereinafter referred to as "Developer' )(collectively referred to as the "parties"). WITNESSETH WHEREAS, the City and Developer entered into a Developer's Agreement ("Agreement") dated May 5, 2015, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, Developer is obligated to construct on -street parking along U.S. Highway One as a condition of the approved site plan; and WHEREAS, as a condition of construction of the on -street parking, the City was required to enter into an Agreement with the Florida Department of Transportation (hereinafter "FDOT"); and WHEREAS, THE Developer has agreed to indemnify the City against all risk arising from the City's agreement with FDOT; and WHEREAS, the Developer has agreed to reimburse the City for the cost of any bond required by FDOT of the City; and WHEREAS, the parties desire to further amend said Agreement as provided below. NOW THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The recitals contained herein are hereby incorporated by reference. 2. Developer has reviewed the City's Agreement with FDOT and agrees to indemnify the City against any risk to the City arising from that Agreement; and 3. The Developer shall pay to the City, within thirty days of written request, the cost of any bond required of the City by FDOT; and 4. This Agreement shall survive the expiration of the Developer's Agreement and shall remain in effect until the City has satisfied its obligations under the City's Agreement with FDOT and has been released therefrom. 5. The terms and conditions of the Agreement shall remain in full force and effect except as specifically amended herein. In the event of a conflict between the terms of the Agreement and this First Amendment, the terms of the First Amendment shall control. 1of2 Page 366 of 408 IN WITNESS WHEREOF, the Parties have signed this First Amendment to Developer's Agreement on the date(s) set forth below. CITY OF BOYNTON BEACH By: Lori LaVerriere City Manager APPROVED AS TO FORM: James A. Cherof, City Attorney SKYE AT BOYNTON BEACH, LLC. BY: TITLE: DATE: State of Florida County of Palm Beach Date: Date: The foregoing instrument was acknowledged before me this day of December, 2015 by in his capacity as Managing Partner of Skye at Boynton Beach, LLC., Notary Signature: (Seal) Known to Me Produced Identification 2of2 Page 367 of 408 12.A. NEW BUSINESS 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Commission discussion regarding beach re -nourishment EXPLANATION OF REQUEST. A member of the Commission requested at a previous meeting that this topic be brought back as an item for discussion by the Commission. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 1/7/2016 - 9:16 AIV Howard, Tim Approved 1/7/2016 - 9:16 AIV LaVerriere, Lori Approved 1/14/2016 - 12:43 FOIA Page 368 of 408 13.A. LEGAL 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-015 -Approve and authorize signing of an Agreement modifying the charges imposed from the Chapter 26, Utility Rate Ordinance with Gulfstream Shores Condominium Association. EXPLANATION OF REQUEST: Gulfstream Shores Condominium Association located in the Town of Gulfstream requested to connect to the City's wastewater transmission system to eliminate a septic system. Gulfstream Shores Condominium Association receives water services from the Town of Gulfstream. Our Ordinance states that sewer services will be billed a flat rate in the absence of a water meter. The flat rate is essentially the base facility charges plus 7,000 gallons consumption per condominium unit. The City and Condominium Association met on several occasions to review alternatives to billing with the absence of a City water meter. Alternatives included: Installing a separate City water meter Installing a separate City sewer meter Reading Town of Gulfstream's meter Obtaining 5 years of water utility bills to obtain average Obtaining a 5 year average provided the best efficient alternative reducing an discrepancies or timing issues for billing. The Agreement will call for a 5 year average review every 5 years for recalculation if necessary. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The modifications to the billing will provide fair and equitable charges for sewer services provided. The averaging method will prevent discrepancies or dates and times of readings and will not require manual field investigation or input for billing. FISCAL IMPACT. The billing will provide a fair billing for the customer to distribute to residents and prompts regular fair review for the services provided. ALTERNATIVES: Alternatives have been reviewed for metering the services, the existing rate schedule could be enforced for the Gulfstream Shores Condominium Association; however it is agreed that 7,000 gallons/month/unit even during the summer season is not logical. Sewer only customers exist in only one other area, Town of Manalapan, and billing difficulties impact citizens and workers negatively every month. STRATEGIC PLAN: Page 369 of 408 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type REVIEWERS: Department Utilities -Customer Service Finance Legal City Manager Description Resolution approving an Agreement with Gulfstream Shores Condo Association for Wastewater Gulfstream Shores Rate Agreement Reviewer Action Date Groff, Colin Approved 1/13/2016 - 6:08 PPA Howard, Tim Approved 1/14/2016 - 8:15 AKA Swanson, Lynn Approved 1/14/2016- 11:15 AKA LaVerriere, Lori Approved 1/14/2016 - 12:45 PPA Page 370 of 408 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 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT FOR WASTEWATER SERVICE OUTSIDE THE CITY LIMITS WITH GULFSTREAM SHORES CONDOMINIUM ASSOCIATION MODIFYING THE CHARGES IMPOSED FROM THE CHAPTER 26, UTILITY RATE ORDINANCE; AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Gulfstream Shores Condominium Association located in the Town of Gulfstream requested to connect to the City's wastewater transmission system to eliminate a septic system; and WHEREAS, Gulfstream Shores Condominium Association receives water services from the Town of Gulfstream; and WHEREAS, the modifications to the billing will provide fair and equitable charges for sewer services and the averaging method will prevent discrepancies or dates and times of readings and will not require manual field investigation or input for billing; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach Florida deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize the City Manager to sign the Agreement for Wastewater Service Outside the City Limits between the City of Boynton Beach and Gulfstream Shores Condominium Association to modify the charges imposed by Chapter 26 Utility Rate Ordinance. 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 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\828AB287-94D8-4830-93A6-DD6E92BOEB3D\Boynton Beach. 2623.1. Gulfstream Wastewater Agreement_-_Reso.doc Page 371 of 408 29 adoption. 30 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 31 approves and authorizes the City Manager to sign an Agreement for Wastewater Service 32 Outside the City Limits between the City of Boynton Beach and Gulfstream Shores 33 Condominium Association to modify the charges imposed by Chapter 26 Utility Rate 34 Ordinance, a copy of the Agreement is attached hereto as Exhibit "A". 35 Section 3. That this Resolution shall become effective immediately. 36 PASSED AND ADOPTED this day of 2016. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 56 Judith A. Pyle, CMC 57 City Clerk 58 59 (Corporate Seal) 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 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\828AB287-94D8-4830-93A6-DD6E92BOEB3D\Boynton Beach. 2623.1. Gulfstream Wastewater Agreement_-_Reso.doc Page 372 of 408 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WASTEWATER SERVICE OUTSIDE THE CITY LIMITS THIS AGREEMENT made on this day of , 2016, by and between GULFSTREAM SHORES CONDOMINIUM, 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 requested that the City of Boynton Beach, Florida provide wastewater service to the property owned by Customer; and WHEREAS, Section 26-9 of the City of Boynton Beach Code provides for residential and commercial billing rates for properties with no water meter based on a maximum sewer usage of seven thousand (7,000) gallons per unit per month; and WHEREAS, Customer's property has been connected to the City's Municipal Sanitary Sewer System since on or about July/August, 2013; and WHEREAS, Customer's property is not equipped with a City of Boynton Beach water meter; and WHEREAS, according to Customer's water bills for the past five (5) years, Customer's average use per unit per month is four thousand (4,000) gallons; NOW THEREFORE, for and in consideration of wastewater service provided to Customer by the City's Municipal Sanitary Sewer System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, its heirs, successors and assigns, agree as follows: I. The City agrees to provide Customer with wastewater service from its Municipal Sanitary Sewer System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The City hereby agrees to bill Customer for wastewater services at a monthly rate based on Customer's average monthly use of 4,000 gallons per unit, per month for a total fifty (50) units which reflects Customer's average use per unit per month for the past five (5) years or for the {00108391.1 306-9001821 } Page 373 of 408 period of 2010-2015. 3. Subject to the billing rates in the multi-year schedule, this Agreement is valid for a period of three (3) years from the effective date. In 2019, or three (3) years after this Agreement's effective date, the City will review the Customer's preceding three (3) years' average consumption per unit per month to make future adjustments. 4. The billing rates and charges for wastewater services provided under this Agreement, shall be as set forth in the multi-year schedule and will be adjusted every year in accordance with the City's Code. 5. The Customer agrees to pay all charges and rates in connection with wastewater service under this Agreement. 6. Any and all wastewater connections made pursuant to this Agreement shall be used only by the Customer and to the Customer's benefit, 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 regulations of the City Boynton Beach and all regulatory entities. 7. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in wastewater service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of wastewater service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 8. 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, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 9. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 100108341.1 306-9001821 } (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 2 Page 374 of 408 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 2016. WITNESS: Witness Signature Printed Witness Name Witness Signature Printed Witness Name ATTEST: Secretary Print Name FOR CORPORATE NOTARIZATION: STATE OF )ss: COUNTY OF CORPORATION AS OWNER(S): By: Its: Print Name and Title {CORPORATE SEAL} I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared as of 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 him/her 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 .201 . 100108341.1 306-9001821 } NOTARY PUBLIC Printed Name 3 Page 375 of 408 My Commission Expires: AGREEMENT FOR WASTEWATER SERVICE OUTSIDE THE CITY LIMITS BETWEEN THE CITY OF BOYNTON BEACH AND GULFSTREAM SHORES CONDOMINIUM. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation Lori LaVerriere, City Manager ATTEST: City Clerk (SEAL) Approved as to Form: City Attorney STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , City Manager and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of , 201 . (Notary Seal) My Commission Expires: 100108341.1 306-9001821 } 11 Notary Public Page 376 of 408 13. B. LEGAL 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-001 - FIRST READING - Request revision to existing Ord 14-017 to coincide with changes made under FSS 316.1951 to increase citation penalty for curbstoning violation from $100 to $500 per event. EXPLANATION OF REQUEST. This action will maintain consistency with Florida State Statute and allow for future changes at the State level to automatically apply to local Ordinance. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This action will increase the penalty for curbstoning from $100 to $500 as allowed under Florida Statutes. FISCAL IMPACT. Non -budgeted This will increase the fine from $100 to $500, the fiscal impact will be minimal at the present time, the original ordinance went into effect September 2014. Only 2 citations were issued in 2014 and 14 were issued in 2015. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Ordinance Revised Ourbstoning Ord REVIEWERS: Page 377 of 408 Department Reviewer Action Date Police Snow, Vanessa Approved 111312016 - 8:02 AM Finance Howard, Tim Approved 1/13/2016 - 1:49 PPA Legal Swanson, Lynn Approved 1/14/2016 - 10:29 AM City Manager LaVerriere, Lori Approved 1/14/2016 - 12:49 PPA Page 378 of 408 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 14 OF THE CITY CODE OF ORDINANCES ENTITLED "MOTOR VEHICLES AND TRAFFIC", SECTION 14-12 ENTITLED "CURBSTONING", BY AMENDING THE AMOUNT OF THE PENALTY ASSESSED; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; A N D PROVIDING FOR AN EFFECTIVE DATE. WHEREAS from time to time the City's staff reviews its Code of Ordinances to determine whether such ordinances may be made more efficient; and WHEREAS, the Code Compliance Division has reviewed Section 14-12 of the Code of Ordinances (Curbstoning) and has determined that an increase in the penalty amount assessed for violation of this section is consistent with Section 318.18(21), Florida Statutes; 17 and 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Section 14-12 of the Code of Ordinances to increase the penalty for violation from $100.00 to $500.00 to be consistent with Florida Statutes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. Section 2. Section 14-12, "Curbstoning" of Part 11, Chapter 14, of the City Code of Ordinances "Motor Vehicles and Traffic", is amended as follows: Sec. 14-12. Curbstoning. {00108954.1 306-9001821 } C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\3EAOD528-9E70-4B43-A2B3- AB2F6DF5 599F\Boynton Beach. 2589.1. Curbstoning Ordinance Amendment (Fine Amount) -1 H 411-P00,1� 1 Page 379 of 408 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (e) A law enforcement officer, code compliance officer, or supervisor of the department may issue a citation and cause to be immediately removed at the owner's expense any motor vehicle found in violation of subsections (b), (f), (g), (h), or (i). Pursuant to F.S. X318.18, the owner shall be assessed a penalty of , five hundred dollars ($-500.00) by the city and the motor vehicle will be immediately removed. A motor vehicle removed under this section shall not be released from an impound or towing and storage facility until after the fine has been paid to the city and a release form has been issued by the city verifying that the fine has been paid. (k) The city hereby incorporates F.S. §§ 316.1951, 320.275), and 320.01 as if fully set forth herein. Further, this �ie;x,. Section shall automatically incorporate any and all subsequent amendments to F.S. §§ 316.1951, 320.27, and 320.01 without further action by the City Commission. Section 3. City Staff is authorized to take all steps necessary to effectuate the 18 intent of this ordinance. 19 20 21 22 23 24 25 26 27 28 29 30 Section 4. It is the intent of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may be renumbered, re lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intent. Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and {00108954.1 306-9001821 } C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\3EAOD528-9E70-4B43-A2B3- AB2F6DF5 599F\Boynton Beach. 2589.1.Curbstoning Ordinance Amendment (Fine Amount) -1 H 411-D00,1� 2 Page 380 of 408 I effect. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 7. This Ordinance shall become effective upon adoption. FIRST READING THIS DAY OF , 2016. SECOND, FINAL READING AND PASSAGE this 2016. 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) day of , YES NO {00108954.1 306-9001821 } C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\3EAOD528-9E70-4B43-A2B3- AB2F6DF5 599F\Boynton Beach. 2589.1.Curbstoning Ordinance Amendment (Fine Amount) Page 381 of 408 13.C. LEGAL 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-002 - FIRST READING - Exempting gated private residential communities from public art fee. EXPLANATION OF REQUEST: At the January 5, 2016 City Commission meeting the City Attorney was directed to return the draft ordinance amending the exemption section of the public art fee regulations. The City Commission indicated they would decide on a date when the exemption would be applied retroactively at time of first reading. The Commission also requested staff to review the financial impact of the exemption and attached is a staff report outlining the financial impact if residential gated communities were exempted from the art fee, retroactively to October 2005. The potential impact to the Public Art Program is approximately $671,000 that would need to be returned or not received on projects currently in progress. These funds are not available in the budget and would likely need to be pulled from the undesignated fund balance. Staff has reviewed the issue and is recommending an alternative amendment that "exempts remodeling, repair, reconstruction, or additions to any existing amenity such as clubhouse, building, pool, park, playground and/or common area elements located with an existing residential development". This would apply to all projects built since the inception of the program. This would still require the public art fee be paid on NEW residential community construction. The potential impact to the City under this alternative is approximately $28,414 of which $19,250 is currently held in escrow. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval of exemption for private residential gated communities will affect the goals of including art as a public amenity to projects currently covered by the art fee regulations and the anticipated revenues to the program with a potential impact of $671,000 to the Public Art Program. Staff recommended alternative would impact the program minimally and the potential financial impact would be reduced to $28,414. FISCAL IMPACT. Non -budgeted Reduction of public art fee revenue, potential negative impact to the program of $671,000. Staff recommended alternative would have a negative impact to the program but the impact would be reduced to $28,414. ALTERNATIVES: 1. Adopt the ordinance as drafted with a specific effective date to apply the exemption retroactively. 2. Adopt the ordinance with amendments to expand the communities that would be entitled to exemption. 3. Adopt the ordinance as drafted including an effective date and address further expansion of exemptions in a subsequent ordinance, the scope of which to be directed by the City Commission. STRATEGIC PLAN: Page 382 of 408 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving art fee exemption D Other Staff Review & Recommendation D Other Public Art Fees Analysis D Addendum Staff Alternative Exemption Language REVIEWERS: Department Reviewer Action Date Legal Swanson, Lynn Approved 111412016 - 10:59 AM Finance Howard, Tim Approved 1/15/2016- 8:55 AM City Manager LaVerriere, Lori Approved 1/15/2016 - 10:55 AM Page 383 of 408 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 XII, SECTION 2-163(b) OF THE CODE OF ORDINANCES ENTITLED "ESTABLISHMENT OF PUBLIC ART FEE" TO PROVIDE FOR GATED RESIDENTIAL COMMUNITY PROJECT EXEMPTIONS TO THE PUBLIC ART FEE; ESTABLISHING A RETROACTIVE DATE FOR APPLICATION OF THE EXEMPTION; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has established that all development, redevelopment, reconstruction or remodeling projects commenced after the adoption of this article which have a construction value of $250,000.00 or greater, shall participate in the Art in Public Places Program by paying a public art fee; and WHEREAS, the City Commission have also provided for certain exemptions to the required participation in the Art in Public Places Program; 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 expand the exemptions to include projects contained in residential gated communities that have no accessory commercial activities that are open to the general public. 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. Section 2. Part 11, Chapter 2, Article XII, Section 2-163 (b) of the Code of Words in ke thr-etigh type are deletions from existing law; Words in underlined type are additions. Page 384 of 408 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 61 62 63 64 65 66 67 Ordinances entitled "Establishment of Public Art Fee," is amended to read as follows: (b) The following types of projects are exempt from the payment of the public art fee: (1) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, earthquake or other calamity determined by the City of Boynton Beach Building Official. (2) The percent of the project dedicated to affordable housing as defined by the City of Boynton Beach. (3) All projects which were submitted prior to or on October 5, 2005, notwithstanding any subsequent request for site plan extension. (4) Single-family and two-family in -fill housing. (5) Normal, routine maintenance including replacement of existing damaged or failing structural or non-structural elements, HVAC, plumbing, electric, or fire detection/suppression equipment of a project not associated with an addition, renovation or new construction. 1 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. This Ordinance shall become effective on the date of second reading set forth below. All changes, additions, and implementation of any rate or fee shall take effect Words in ke thr-etigk type are deletions from existing law; Words in underlined type are additions. Page 385 of 408 68 immediately. 69 FIRST READING this day of , 2016. 70 SECOND, FINAL READING AND PASSAGE this day of 71 2016. 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello YES NO Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE Words in ke thr-etigk type are deletions from existing law; Words in underlined type are additions. Page 386 of 408 Boynton Beach Art in Public Places Enriching our Community through Public Art Date: January 8, 2016 Memo to: Lori LaVerriere, City Manager cc: James Cherof, City Attorney cc: Andrew Mack, Development Director/City Engineer Cc: Tim Howard, Finance Director From: Debby Coles-Dobay, Public Art Manager Subject: Public Art Ordinance Exempting Residential Communities The City Commission has requested that legal prepare an Public Art Ordinance amendment to exempt the public art fee for all residential communities dated back to the ordinance adoption in October 5, 2005. On October 5, 2005 the Public Art Ordinance was adopted that states a 1 % fee on construction value of development, redevelopment, reconstruction or remodeling projects exceeding $250,000. The 30% of the 1 % fees collected, funds the public art operations budget. Exempting residential communities will result in a liability to return funds to the projects who's fees have already been collected. This action will create a negative fund balance for the operations of the public art department and it's programs such as the Avenue of the Arts and International Kinetic Art Exhibit and Symposium. The 70% of the 1 % fee determines the public art budget that is integrated into the project and is accessible to the public. Developers are required to submit their pubic art proposal and the artist of record for approval by the Arts Commission. At time of Certificate of Occupancy, if the public art project is not 50% or more completed the 70% of the 1 % is collected and placed in escrow. Once the project is final, inspected and approved by the Arts Commission the funds are returned. Since the programs inception there are several successfully installed public art projects in residential communities. A brief slide show is available for presentation. Total fees collected on residential development projects that have complied to the Public Art Ordinance since it's adoption in 2005, totals $671,516.81. The Public Art budget for 2015/16, which is funded by 30% of the 1 % fees collected, is $164,395.00. Reimbursement of fees collected and eliminating future fees for residential communities would leave a negative Public Art budget. The City would be responsible and liable to reimburse the fees collected. Staff recommends an alternate amendment that will exempt remodeling, repair, reconstruction, or additions to any existing amenity such as clubhouse, building, pool, park, playground and/or common area elements located within an existing residential development. See attached recommended alternative public art ordinance amendment. By adopting the alternate amendment it would limit the reimbursement fee liability from $671,516.81 to $28,414.00. Of the $28,414.00 the amount of $19,250.00 is currently held in escrow. Public Art Manager Office of the City Manger loo East Boynton Beach Boulevard, Boynton Beach, Florida 33425 • phone 561.742.6026 • email: ColesDobayD@bbfl.us www.BoyntonBeachArts.org Facebook Boynton Beach Art in Public Places www.IntRaget28,7tJ3td6arg W V 6 W W a� rn (6 IL O O O O o O O O O ,d O w4 _ 07 a, O t00 O O O t00 O O O CD 7 L�l1 O '. to pMi O O) O 00 H cl C4 m •0) IQ M wl to M ER N H} ti ER H ;oN A L t!f vv 10 Y O a Y C m y o7 M ko O O v O ON vi O n O O : N ai o7 OMi o, O : to M ri O O vi to n W � �' O V t0 of M of N of N of m M of tR of : N of O7 of � O 7 O� y G1 n °ao a O O M O O O O O O O O O O O o7 O O O O 'O m 7 O) O O O O O to O O) O 7 y V U y : M 7 o7 L!1 7 O 07 O o7 07 O i/1 L!1 : N M N ER : O) i/1 O I.l1 Na) M y oo � ti co oo ID rr) M c a � U in yr yr yr yr yr yr yr 0 m d O c Gl M w 9 J J J w w Lu J m w J Ln : p In D C7 p J O _ w F F w z O = O = w O coI Lu z ¢ z ¢ F ¢ a w ~ pw U > a > a z a U ¢ u C=7 = z o a'90 m rn oo r, oo ID uj n O z p m a Ln u zO g o c z p Lu p Lu S ¢ ¢ O. 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WHEREAS, the City Commission has established that all development, redevelopment, reconstruction or remodeling projects commenced after the adoption of this article which have a construction value of $250,000.00 or greater, shall participate in the Art in Public Places Program by paying a public art fee; and WHEREAS, the City Commission have also provided for certain exemptions to the required participation in the Art in Public Places Program; 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 expand the exemptions to include projects contained in residential �+e--&-communities that have no accessory commercial activities that are open to the general public. 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. Section 2. Part 11, Chapter 2, Article XII, Section 2-163 (b) of the Code of {00110565.1 306-9001821} Words in ke thr-etigh type are deletions from existing law; Words in underlined type are additions. Page 389 of 408 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 61 62 63 64 65 66 67 68 69 Ordinances entitled "Establishment of Public Art Fee," is amended to read as follows: (b) The following types of projects are exempt from the payment of the public art fee: (1) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, earthquake or other calamity determined by the City of Boynton Beach Building Official. (2) The percent of the project dedicated to affordable housing as defined by the City of Boynton Beach. (3) All projects which were submitted prior to or on October 5, 2005, notwithstanding any subsequent request for site plan extension. (4) Single-family and two-family in -fill housing. (5) Normal, routine maintenance including replacement of existing damaged or failing structural or non-structural elements, HVAC, plumbing, electric, or fire detection/suppression equipment of a project not associated with an addition, renovation or new construction. w located(6) Remodeling, repair, reconstruction, or additions made after October 5, 2005 to any existing amenitv clubhouse, building, pool, park, playground and/or common area element •exemption retroactively to 1 Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or {00110565.1 306-9001821} Words in ke thr-etigk type are deletions from existing law; Words in underlined type are additions. Page 390 of 408 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 such other appropriate word or phrase in order to accomplish such intentions. Section 6. This Ordinance shall become effective on the date of second reading set forth below. All changes, additions, and implementation of any rate or fee shall take effect immediately. FIRST READING this day of , 2016. SECOND, FINAL READING AND PASSAGE this day of 2016. 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 {00110565.1 306-9001821} Words in ke thr-etigk type are deletions from existing law; Words in underlined type are additions. Page 391 of 408 13.D. LEGAL 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-003 - FIRST READING - Amending the Land Development Regulations, Chapter 4, Article IV, Section 4, Subsection B10 to allow feather banners on a permanent basis. EXPLANATION OF REQUEST: In July, 2011, the City Commission directed staff to prepare an ordinance containing corresponding amendments to accommodate temporary signs, including provisions or standards that address maximum size and the anticipated locational and quantity issues. Staff recommended that the proposed changes be in effect for a trial period during which time staff was able to evaluate the impacts and benefits from the subject amendments. Staff recommended that the temporary period last for 12 months and at the end of that period the Commission could review the findings and determine whether the ordinance should sunset or be extended. The ordinance was extended for two additional terms. The City Commission has determined that the use of temporary feather banners services the overall interest of the public and that the benefits to businesses out -weighs the visual deficits that can result from the use of feather banners.. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted ALTERNATIVES: Not permit the temporary feather banners and allow the program to remain in a sunset status. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 392 of 408 ATTACHMENTS: Type D Ordinance REVIEWERS: Department Legal Finance Legal City Manager Description Page 393 of 408 Ordinance approving feather banners Reviewer Action Date Swanson, Lynn Approved 11131201 - 9:20 AM Howard, Tim Approved 11141201 - 8:45 AM Swanson, Lynn Approved 11141201 - 10:15 AM LaVerriere, Lori Approved 1/14/2016 - 12:43 PPA Page 393 of 408 I ( ORDINANCE NO. 16- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 ARTICLE IV "SIGN REQUIREMENTS" BY AMENDING SEC. 4 7 "STANDARDS" TO ADD A NEW SUBSECTION B. 10 ENTITLED 8 "FEATHER BANNERS" PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 10 11 12 WHEREAS, staff is proposing amendment to the Land Development Regulations 13 (LDR) to modify the sign regulations to allow temporary feather banners in commercial 14 areas; and 15 WHEREAS, it is the intent of the City Commission to modify the sign code to 16 permit temporary feather banner signs provides benefit to the business community in balance 17 with aesthetic considerations which might negatively impact the City; and 18 WHEREAS, the City has already tested the viability of this use by implementing a 19 model ordinance which, by its terms, sun-setted. 20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing whereas clauses are true and correct and are now ratified 23 and confirmed by the City Commission. 24 Section 2. Article IV "Sign Requirements", Sec. 4 "Standards" to be amended to 25 add a new subsection B. 10 entitled "Feather Banners" as follows: 26 10. Feather Banners 27 a. Terms and definitions. 28 A feather banner is a style of temporary lightweight sign comprised of partial metal 29 or plastic frame, pole, and/or base to which a vinyl, nylon, canvas or polyester fabric sign 30 face is attached. Depending on the shape and type of movement, such signs may also be 31 called a "flutter," "tear drop," "flying," "wing," "bow," "blade," "rectangular" banner, etc. C.AProgram Files (x86)\neevia.com\docConverterProAtemp\NVDC\IFD88DCE-63F1-401B BB3D-495D07B56C58\Bovnton Beach. 2 21.1. Feather Banners - Ordinance (mr ver .loci_; r sa�,1t�r,r rid ?�r�r�a d saa - I - Page 394 of 408 32 Height/size standards - A maximum height of ten (10) feet six (6) inches overall 33 measurement including support portion of sign, and a maximum width of thirty (30) inches. 34 b. Materials. The sign face shall be nylon, polyester vinyl or canvas and neither the 35 sign face nor the sign frame shall contain glitter, florescent, metallic, or reflective materials. 36 c. Number of banners. 37 (1) Along business or shopping center frontage: one (1) feather banner per business 38 (as evidenced by business tax receipt) per three hundred (300) feet (or less) of linear street 39 frontage. A minimum of one (1) banner shall be allowed along the frontage if linear frontage 40 is less than three hundred (300)pew fie 41 l lol 1 1 des: Where more than one frontage exists, the linear 42 dimension shall be cumulative, and the permitted banner mqy be placed along either 43 frontage. 44 (2) Banners placed on or within five (5) feet from the building facade or supporting 45 components: one (1) feather banner per business (as evidenced by business tax receipt). 46 (3) Only one (1) banner (i.e., feather or fixed banner as provided for in Section 47 3.13.4.) shall be permitted and displayed per business at any one (1) time. 48 d. Location. Feather banners shall not be placed within the site triangle of driveways 49 or intersections, shall not be attached to landscaping materials, and must be placed behind 50 the shrub row of the landscape buffer. The minimum setback shall be ten (10) feet from the 51 property line, except that the setback may be less than ten (10) feet if still placed, as 52 described herein, within an existing landscape buffer with a continuous hedge row. Banners 53 shall not be placed on public sidewalks, and they shall not be placed in, or otherwise block 54 parking spaces or drive aisles. Banner placement may not interfere with pedestrian 55 movement. 56 e. Duration. The maximum display period shall be ninety (90) days per twelve (12)- 57 month period, except that feather banner permits may be issued for one (1) additional display 58 period contingent upon there being available space based on the maximum number of 59 banners allowed per property as described above. In order to ensure priority treatment of 60 first-time applicants, a permit for an additional ninety (90) -day display period may be 61 requested after seven (7) working days following permit expiration, if there remains capacity 62 on the property for the additional banner. If desired by a first-time applicant for a feather 63 banner, applications shall be held by the city in queue for the next available display period 64 based on the expiration dates of existing permits. Complete, first-time applications will be 65 processed and held on a first-come, first-served basis. The duration period shall run for 66 consecutive days. 67 f Application. An application shall be required for each banner, shall include a 68 scaled plan or drawing that identifies the location of and setback for the proposed banner, 69 and indicates the length of the property frontage if banner is to be placed greater than five (5) 70 feet from the building where the subject business is located. The application shall be signed 71 by the business owner and the property owner. 72 g. Fee requirements. Permit applications shall be processed following the same 73 process used for processing other zoning permits, with a fee based on reviewer wage and 74 review time. The minimum fee for each application shall be fifty dollars ($50.00). 75 h. Deposit. One hundred dollars ($100.00), refundable on or before the expiration of 76 the ninety (90) day permit, provided the applicant surrenders the original permit. C.AProgram Files (x86)\neevia.com\docConverterProAtemp\NVDC\IFD88DCE-63F1-401B BB3D-495D07B56C58\Bovnton Beach. 2 21.1. Feather Banners - Ordinance (mr ver .loci_; r sa�,1t�r,r rid ?�r�r�a d saa - 2 - Page 395 of 408 77 i. Penalties. Fifty dollars ($50.00) per day or portion of a day for each banner 78 displayed without a permit or after the expiration of a permit. 79 80 Section 3. Should any section or provision of this Ordinance or any portion 81 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 82 affect the remainder of this Ordinance. 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Section 4. Authority is hereby given to codify this Ordinance. Section 5. This Ordinance shall become effective immediately. FIRST READING this day of , 2016. SECOND, FINAL READING AND PASSAGE this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO C.AProgram Files (x86)\neevia.com\docConverterProAtemp\NVDC\IFD88DCE-63F1-401B BB3D-495D07B56C58\Bovnton Beach. 2 21.1. Feather Banners - Ordinance (mr ver .loci_; r sa�,1t�r,r rid ?�r�r�a d saa -3 - Page 396 of 408 13. E. LEGAL 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. 16-016 - Authorizing the Mayor to sign a special warranty deed and any and all other transaction documents necessary to effectuate the sale of said property to the purchaser in the Boynton Village Park conveyance. EXPLANATION OF REQUEST. On November 17, 2015 the city Commission approved and authorized the Mayor to sign the Boynton Village Park Conveyance Agreement. The title company handling the transaction has requested an additional Resolution reflecting that the Mayor is authorized and directed to sign the Special Warranty Deed on behalf of the City along with any and all other transaction documents necessary to effectuate the sale of said property to the Purchaser HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Resolution Resolution Other Spl Warnty Deed for Boynton Village Park REVIEWERS: Page 397 of 408 Department Reviewer Action Date City Clerk Fele, Judith Approved 1/20/2016 - 4:26 PPA Page 398 of 408 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO SIGN A SPECIAL WARRANTY DEED AND ANY AND ALL OTHER TRANSACTION DOCUMENTS NECESSARY TO EFFECTUATE THE SALE OF SAID PROPERTY TO THE PURCHASER IN THE BOYNTON VILLAGE PARK CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 17, 2015, the City Commission approved and authorized the Mayor to sign a Boynton Village Park Conveyance Agreement; and WHEREAS, a Special Warranty Deed has been prepared to effectuate the conveyance and it has been requested by the title company that the Mayor be authorized and directed to sign the Special Warranty Deed on behalf of the City along with any and all other transaction documents necessary to effectuate the sale of said Property to the Purchaser, and WHEREAS, the Commission upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve the Special Warranty Deed and authorize the Mayor, on behalf of the City of Boynton Beach, to sign, execute and deliver a Special Warranty Deed and any and all other transaction documents necessary to effectuate the sale of said Property to the Purchaser. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby to approve the Special Warranty Deed and authorize the Mayor, on behalf of the City of Boynton Beach, to sign, execute and deliver a Special Warranty Deed and any and all other S:1CAaESO\Real Estate\Special Warranty Deed Boynton Village Park Conveyance - Reso.doc Page 399 of transaction documents necessary to effectuate the sale of said Property to the Purchaser. A copy of the Special Warranty Deed is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage, PASSED AND ADOPTED this Ze—day of '11�,j,,1,z-&,i.,- 016. j CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker V Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST-, lith A. Pyle, CMC ilct'y Clerk "41 (Corporate Seal) SACA\RFS0\Real Esiate\Special Warranty Deed Boynton Village Park Conveyanee - Reso.doc Page 400 of 4P8 THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: David N. Tolces, Esq. Goren, Cherof, Doody & Ezrol, PA 3099 E. Commercial Blvd., Suite 200 Fort Lauderdale, Florida 33308 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of January _ 2016, by THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, having its offices at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435 ("Grantor"), to BR CORTINA ACQUISITION LLC, a Delaware limited liability company, with an address at c/o BlackRock, 400 Howard Street, San Francisco, CA 94105 ("Grantee"). (Wherever used herein the terms "grantor" and -grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns thereof.) WITNESSETH: That Grantor, for and in consideration of the sum of "fen and No/100 Dollars ($10.00) and other good and valuable consideration paid by Grantee to Grantor, the receipt and sufficiency whereof are hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, and Grantee's successors and assigns forever, all that certain real property located and situate in Palm Beach County, Florida, described in Exhibit A attached hereto and made a part hereof (the "Property"); TOGETHER WITH all tenements, hereditaments and appurtenances belonging to or in any way appertaining to the Property, and (i) any and all structures and improvements on the Property; and (ii) all casements, rights of way, privileges, licenses, appurtenances and other rights and benefits belonging to, running with the owner of, or in any way related to the Property, TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none other, subject, however, to subject to all assessments and taxes for the year 2016 and all subsequent years, which are not yet due and payable, and the matters set forth on Exhibit B hereto, without any intent to reimpose same. (001091771306-9905104 ) 1OF4 Page 401 of 408 Grantor is not reserving interest in phosphate, minerals, metals or petroleum pursuant to F.S. 270.11. GRANTOR hereby releases all easement rights Grantor has over the Property including, but not limited to platted easements, drainage and access easements, including the forty foot (40') wide platted pedestrian easement along the east side of the Property, pursuant to the Plat of Boynton Town Center, a PC,D., according to the Plat thereof, recorded in Plat Book 106, Page 144 of the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF. Grantor has duly executed this instrument in the manner and form sufficient to bind it as of the day and year first above written. ATTEST: Judith A. Pyle, Interim City Clerk Signed, sealed and delivered in presence of: (Signature of first witness) (Printed name of first witness) (Signature of second witness) (Printed name of second witness) STATE OF FLORIDA )ss: COUNTY OF CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: _ Name Title: Gerald Taylor Mavor The foregoing instrument was acknowledged before me this day of January, 2016 by Gerald Taylor and Judith A. Pyle, Mayor and Interim City Clerk, respectively, of the City of Boynton Beach, a municipal corporation of the State of Florida, on behalf of the City of Boynton Beach, who have acknowledged himself and herself to be the Mayor and City Clerk of the City of Boynton Beach, and who are personally known to me. My Commission expires: Notary Public, State of Florida {00109177.1 306-9905104 } 2 OF 4 Printed Name of Notary Public Page 402 of 408 EXHIBIT "A" Parcel A SMU — Park Parcel, BOYNTON TOWN CENTER, A P.C.D., according to the plat thereof, recorded in Plat Book 106, pages 144 through 151 of the public records of Palm Beach County, Florida, less and excepting the easterly 40.00 feet thereof. Non-exclusive easements for ingress and egress of vehicular traffic for the benefit of Parcel A above, created by and more particularly described in the Cross -Access Easement Agreement recorded in Official Records Book] 8288, page 1218, public records of Palm Beach County, Florida. (001091771306-9905104 1 3 OF 4 Page 403 of 408 EXHIBIT "B" 1. Terms, covenants, conditions and other matters, including provisions for private charges or assessments, contained in the Cross -Access Easement Agreement among Compson Associates of Boynton, LLC, Compson Associates of Boynton 11, LLC, Renaissance Commons Master Associates, Inc., Klatt Enterprises, Inc. and The Klatt Family Limited Partnership 41, recorded in Official Records Book 18288, page 1218. 2. Restrictions, dedications and easements shown on the plat of Boynton Town Center, a P.C.D. recorded in Plat Book 106, page 144. 3. Private rights of owners of land in Boynton Town Center, a P.C.D., recorded in Plat Book 106, page 144, in and to Parcel A of the subject land by virtue of its designation on said plat as a park. 4. Terms, covenants, conditions, restrictions and easements created by and set forth in the Master Declaration of Covenants, Restrictions and Easements for Boynton Town Center recorded in Official Records Book 19557, page 21, as affected by the Assignment, Acceptance and Assumption Agreement recorded in Official Records Book 24135, page 45, including, but not limited to, provisions for private charges or assessments and liens for liquidated damages; but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenants: (a) is exempt under Chapter 42, Section 3607 of the United States Code; or (b) relates to handicap, but does not discriminate against handicapped persons. Matters set forth in the following instruments pertaining to the Boynton Village Community Development District: (00109177-1 306-4805104 1 40F4 Page 404 of 408 a. Declaration of Consent to Imposition of Special Assessments recorded in Official Records Book 22085, page 1136, and 6. Easement granted to Florida Power & Light Company recorded in Official Records Book 21681, page 1047. X00109177.1 306 9905104 1 61�A Page 405 of 408 14.A. FUTURE AGENDA ITEMS 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Code Compliance Initiative- North Federal Highway -March 2016. 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 Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 1/7/2016 - 9:11 AM Howard, Tim Approved 1/7/2016 - 9:12 AM LaVerriere, Lori Approved 1/14/2016 - 12:46 FSM Page 406 of 408 14. B. FUTURE AGENDA ITEMS 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Workshop with City Commission and City Staff concerning zoning designations and terminology (i.e. permitted uses, conditional uses, etc) - April 2016 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 Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 1/7/2016 - 9:12 AM Howard, Tim Approved 1/7/2016 - 9:12 AM LaVerriere, Lori Approved 1/14/2016 - 12:62 FSM Page 407 of 408 14.C. FUTURE AGENDA ITEMS 1/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/19/2016 REQUESTED ACTION BY COMMISSION: Hear presentation from Rick Gonzalez, REG Architects on Old High School restoration project- February 2, 2016. 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 Manager Finance City Manager Reviewer Action Date LaVerriere, Lori Approved 1/16/2016 - 11:02 AM Howard, Tim Approved 1/16/2016- 11:06 AM LaVerriere, Lori Approved 1/16/2016- 11:06 AM Page 408 of 408