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Agenda 10-01-19
The City of wr Boynton Beach y City Commission Agenda Tuesday, October 1 , 2019, 6:30 PM Intracoastal Park Clubhouse 2240 N. Federal Highway Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. -to- die,,C0 www.boynton-beach.org Page 1 of 541 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF 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 your name for the record 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 Intracoastal Park Clubhouse, 2240 N. Federal Highway, 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 541 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation - Pastor Randy Patterson of Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Mack McCray Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Lakisha Burch, CMC, Southeast District Director for the Florida Association of City Clerks, will present Judy Pyle with a resolution recognizing her retirement. B. Feeding South Florida will provide a follow up report to the City Commission on the September 21, 2019 Food Distribution Event. Sari Vatske, Executive VP will make the presentation. C. Announce that the City is partnering with Community Greening to host a Tree Giveaway on October 5, 10am-12pm at Sara Sims Park D. Recreation & Parks Director will make an announcement about the 2019 Fall Festival that will be held at Intracoastal Park on Saturday, October 19 from 3 P.M. to 6 P.M. So dress in your best costume and take memorable pictures. The first twenty-five participants to attend the event will receive a free pumpkin. E. Recreation & Parks Department Assistant Director Kacy Young will make an announcement regarding the 6th Annual Rally for the Cure event that will be held at the City's Tennis Center, 3111 S. Congress Avenue, on Saturday, October 26 beginning at 9 A.M. F. Proclaim The Month of October as Walk to End Alzheimer's Month. A representative of the Alzheimer's Association, Southeast Florida Chapter will accept the proclamation from Mayor Grant. G. Proclaim October 2, 2019 as Energy Efficiency Day in the City of Boynton Beach. H. Proclaim the week of October 13-19, 2019 as Poverty Awareness Week in the City of Boynton Beach. Mr. Ontario "OX Johnson will be accepting the proclamation. I. Mayor Steven B. Grant will proclaim that the City of Boynton Beach is committed to partnering with the United States Census Bureau to help ensure a full and accurate count in 2020 and will establish a complete count committee. Sandy Goodman, US Census Partnership Representative, will accept the proclamation. J. Announce the "Topping Off" Event by Eleanor Krusell, Public Communications & Marketing Director. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the Page 3of541 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. 6. CONSENTAGENDA 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. R19-103- Authorize the City Manager to enter into an agreement for renewal of an annual subscription to EBSCO Learning Express Database for one year in the amount of$9,452.00 for the Library. B. PROPOSED RESOLUTION R19-104 - Approve and authorize the City Manager to enter into an agreement for renewal of an annual subscription to ProQuest Ancestry Library Database for one year in the amount of$3,380. C. PROPOSED RESOLUTION NO.19-105 - Authorize the City Manager to sign all documents associated with the acceptance and grant agreement for the VOCA grant subject to the approval of the City Attorney. D. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the eleven (11) month period ended August 31, 2019. E. Approve utilizing the Village of Wellington Contract No. 024-16/DZ with Professional Tennis Court Services for tennis court maintenance under the same scope, specification, terms, conditions, and price per tennis court totaling $78,741.48 annually based on the seventeen (17) above ground tennis courts for a one-year term starting October 1, 2019. F. Approve the minutes from City Commission meeting on September 17, 2019. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. 19-106- Approve and authorize the City Manager to sign an Agreement utilizing the City of West Palm Beach Supplemental Staff Agreement with U.S. Water Services Corporation (ITB 16-17-119) for water and wastewater operation and management services thru June 06, 2020 for an amount not to exceed $110,000. The West Palm Beach procurement process satisfies the City's competitive bid requirements. B. PROPOSED RESOLUTION NO. R19-107- Authorize Mayor Grant to sign the Hazard Mitigation Program Grant (HMGP) cost-reimbursement Contract #H0054 for Phase I/pre-award of Lakeside Gardens Neighborhood (Dimick and Potter Rd. project) — Drainage Improvement FEMA project number 4337-121-R, obligating federal funds for the amount of $83,250.00 with a $27,750.00 match from Utilities for a total of $111,000.00. The period of performance is upon execution thru June 30, 2020. C. Authorize the purchase of Extreme Networks switches, access points, licensing, and maintenance from STEPcg of Covington, KY in the amount of $362,491.29, utilizing the State of Florida Alternate Contract Source Number 43220000-W SA-14-ACS for the purchase, installation, and configuration of networking equipment at City Hall, Old High School/Cultural Center, and Fire Station #1. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. D. Approve utilizing the Palm Beach County Contract No. 19069 (Bid No. 19-069/MB) with Morton Salt, Inc. for Sodium Chloride under the same terms, conditions, and prices for a one year term for an estimated annual expenditure of$207,000. Page 4of541 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 19-012 - SECOND READING -Approve text amendments to the Comprehensive Plan Future Land Use, Intergovernmental Coordination and Capital Improvements Elements, reflecting elimination of school concurrency and deletion of Public School Facilities Element; and PROPOSED ORDINANCE NO. 19-013 - SECOND READING -Approve text amendments to the Comprehensive Plan Transportation Element creating the framework for potential future establishment of mobility fee. City-initiated. B. PROPOSED ORDINANCE NO. 19-029 - SECOND READING - Approve request for abandonment of a portion of the unimproved NE 3rd Street right-of-way, north of NE 9th Avenue, in connection with: PROPOSED RESOLUTION NO. R19-100- Accepting the dedication of property from the Community Redevelopment Agency (CRA) and realignment, and extension of NE 3rd Street from NE 9th Avenue to Martin Luther King, Jr. Boulevard (ABAN 19-001). (Resolution adoption will be upon second reading of the Ordinance) Applicant: Michael Simon, CRA Executive Director. C. PROPOSED ORDINANCE NO.19-034 - SECOND READING -Approving efficiency improvements to the Site Plan Review Process (CDRV 19-007) through amendments to the LAND DEVELOPMENT REGULATIONS Chapter 2. Land Development Process, Article 11. Planning and Zoning Division Services, Section 2. F. Site Plan, Including Time Extension and Modifications that begin implementing staff recommendations from the internal review of the City's development review process. Applicant: City-initiated. D. Approve MILK Overlay and Use Matrix Revisions Part I (CDRV 19-006) - Amending the LAND DEVELOPMENT REGULATIONS: PROPOSED ORDINANCE NO. 19-030 - SECOND READING - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions; PROPOSED ORDINANCE NO. 19-031 - SECOND READING - (2) Chapter 2. Land Development Process, Article 11. Planning and Zoning Division Services; PROPOSED ORDINANCE NO. 19-032 - SECOND READING - (3) Chapter 3. Zoning, Article I11. Zoning Districts and Overlays, and Article IV. Use Regulations; and PROPOSED ORDINANCE NO. 19-033 - SECOND READING - (4) Chapter 4. Site Development Standards, Article V. Minimum off-Street Parking Requirements, to implement modifications to MILK Overlay, modifications to rezoning-master plan application process, corrections pertaining to Mixed-Use zoning districts and revisions to Use Matrix, Residential and Lodging category. Applicant: City-initiated. 9. CITY MANAGER'S REPORT A. An updated administrative Social Media Use Policy has been developed by the Public Communications and Marketing Department. This is an administrative policy for internal use. Page 5of541 B. City staff and the development team for Town Square will provide a brief update to the Commission on the status of the project. 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Approve the request of Commissioner Romelus to distribute $500.00 of her Community Support Funds to Growing Strong Ministries, Inc. 12. LEGAL A. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation. DAVID FLOERING, Plaintiff, vs. PAUL FREDERICK GREEN, CITY OF BOYNTON BEACH and STATE NATIONAL INSURANCE COMPANY, INC., a Foreign for Profit Corporation, Defendants — Palm Beach County Circuit Court Case No. 50 2017 CA 010537 B. City Commission authorization to file four (4) separate lawsuits on non-homestead properties. C. PROPOSED ORDINANCE NO. 19-035 - SECOND READING - Approve Ordinance establishing regulations regarding the posting of underage drinking signs. D. PROPOSED ORDINANCE NO. 19-036 - SECOND READING - PUBLIC HEARING - Approve the change in qualifying dates for candidates for the March 17, 2020 municipal election. E. PROPOSED ORDINANCE 19-037 - FIRST READING - Approval of an Ordinance of the city commission of the city of Boynton amending chapter 18, pensions and retirement, of the code of ordinances to create a new article xi, "deferred retirement option plan" providing for uniform deferred retirement option plan benefits for all city employees; amending conflicting provision of drop benefits contained in the general employee, fire and police pension plans; providing for delayed implementation to accommodate collective bargaining or waiver of bargaining. 13. FUTURE AGENDA ITEMS A. Quarterly Census updates by Laura Lansburgh, Marketing Manager: December 17, 2019 March 17, 2020 B. City Commission to discuss special event permit policy for Sara Sims Park- October 15, 2019 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS Page 6of541 PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REASONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page7of541 1.A. OPENING ITEMS 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant Invocation - Pastor Randy Patterson of Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Mack McCray Roll Call 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: Page 8of541 2.A. OTHER 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 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: Page 9of541 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Lakisha Burch, CMC, Southeast District Director for the Florida Association of City Clerks, will present Judy Pyle with a resolution recognizing her retirement. EXPLANATION OF REQUEST: The City, together with the Florida Association of City Clerks (FACC), would like to recognize and celebrate the recent retirement of former City Clerk, Judy Pyle. Ms. Pyle worked for the City of Boynton Beach since 2005, served three years as City Clerk and previously as Deputy City Clerk for nine years, in addition to interim City Clerk for two years. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 10 of 541 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Feeding South Florida will provide a follow up report to the City Commission on the September 21, 2019 Food Distribution Event. Sari Vatske, Executive VP will make the presentation. 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: Page 11 of 541 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Announce that the City is partnering with Community Greening to host a Tree Giveaway on October 5, 10am-12pm at Sara Sims Park EXPLANATION OF REQUEST: The City is teaming up with Community Greening to host a FREE tree giveaway. 200 trees will be given away, one to each family, on a first come, first served basis. Date: Saturday, October 5, 2019 Time: 10:00am- 12:00pm Location: Sara Sims Park, 209 NW 9th Ave., Boynton Beach 33435 Trees will include: Bahama Strongbark Gumbo Limbo Cinnamon Bark Simpson's Stopper Soursop Sugar Apple Jack Fruit Mango & more! HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This tree giveaway is part of a larger tree planting campaign focused on the Heart of Boynton neighborhood from September 2019 through April 2020, with funding provided by a Community Revitalization grant from the Community Foundation for Palm Beach and Martin Counties. FISCAL IMPACT: Non-budgeted This event will have no impact to the City's budget. ALTERNATIVES: Not announce the event STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Climate Action Plan 2015 Revision, Initiative NS-5: "Establish an urban forestry program to develop a city-wide tree canopy survey with the eventual goal of reducing the "heat island" effect due to dark or asphalt surfaces. Maintain/restore the urban tree canopy." Page 12 of 541 Is this a grant? Grant Amount: Page 13 of 541 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Recreation & Parks Director will make an announcement about the 2019 Fall Festival that will be held at Intracoastal Park on Saturday, October 19 from 3 P.M. to 6 P.M. So dress in your best costume and take memorable pictures. The first twenty-five participants to attend the event will receive a free pumpkin. EXPLANATION OF REQUEST: The Fall Festival is a exciting event that will feature several fun family oriented activities including a pony ride, trackless train, petting zoo, bounce houses, face painting, various vendors and pumpkin patch treats. The first 25 participants to attend will receive a free pumpkin. Participants are urged to wear their favorite seasonal costume so they can take a theme related picture. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. FISCAL IMPACT: Budgeted Funds for related supplies are available in the Department's budget. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 14 of 541 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Recreation & Parks Department Assistant Director Kacy Young will make an announcement regarding the 6th Annual Rally for the Cure event that will be held at the City's Tennis Center, 3111 S. Congress Avenue, on Saturday, October 26 beginning at 9 A.M. EXPLANATION OF REQUEST: Rally for the Cure is a tennis tournament that is organized to help raise awareness about breast cancer and supporting the promise of Susan G. Komen for the Cure. All event proceeds will benefit Rally for the Cure. Participants will receive a light lunch, water, event t-shirt and information about breast health care. The registration fee is$25 per player. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. FISCAL IMPACT: Budgeted Participation fees coverall related expenses. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 15 of 541 3.F. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Proclaim The Month of October as Walk to End Alzheimer's Month. A representative of the Alzheimer's Association, Southeast Florida Chapter will accept the proclamation from Mayor Grant. EXPLANATION OF REQUEST: The City of Boynton Beach recognizes the efforts of the Alzheimer's Association and their annual Walk To End Alzheimer's, held this year on Saturday October 19, 2019 at Meyer Amphitheatre to raise funds and promote awareness to fight Alzheimer's disease and related disorders, thereby improving the quality of human life for those living with Alzheimer's disease and their caregivers. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Alzheimer's Association is a member of the City's I nclusion Support Team. The ADA Coordinator works closely with the Association to provide educational programs for the public and to provide healthy and enriching activities at the Boynton Beach Senior Center. FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 16 of 541 ATTACHMENTS: Type Description D Proclamation Proclamation Page 17 of 541 Proclamation WHEREAS,over 5.7 million Americans are living with Alzheimer's disease;included in this number are an estimated 540,000 individuals in the State of Florida of which an estimated 47,000 reside in Palm Beach County;and WHEREAS,every 65 seconds,someone in the United States develops Alzheimer's disease;and WHEREAS, one in three seniors dies with Alzheimer's or another dementia. Almost two-thirds of Americans with Alzheimer's disease are women and between 2000 and 2017, deaths from Alzheimer's has increased 145 percent;and WHEREAS,Alzheimer's disease is the most expensive disease in the United States and in 2018 the direct costs to American society will total an estimated 277 billion dollars;and WHEREAS,the State of Florida and City of Boynton Beach recognize the efforts of the Alzheimer's Association and their annual Walk To End Alzheimer's held this year on Saturday October 19, 2019 at Meyer Amphitheatre to raise funds and promote awareness to fight Alzheimer's disease and related disorders, thereby improving the quality of human life for those living with Alzheimer's disease and their caregivers;and NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of October Two Thousand Nineteen as: Walk to End Alzheimer's Month And I congratulate all participants who have participated in raising awareness in our community through the Annual Walk to End Alzheimer's in the City of West Palm Beach on Saturday,October 19,2019. IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the Is'day of October Two Thousand Nineteen. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.G. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Proclaim October 2, 2019 as Energy Efficiency Day in the City of Boynton Beach. EXPLANATION OF REQUEST: In recognition of the fourth annual national Energy Efficiency Day on October 2 2019, the City of Boynton Beach is joining regional and national organizations, businesses, utilities, and individuals working to promote energy efficiency—the cheapest, quickest way to meet our energy needs, cut consumer bills and reduce pollution. Energy efficiency is also an economic engine, supporting 2.3 million jobs nationwide in manufacturing, construction and other fields. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Observing Energy Efficiency Day will help the City promote the Energy Edge Rebate Program and Property Assessed Clean Energy (PACE) financing program for residents and businesses in the City. FISCAL IMPACT: Non-budgeted There is no impact to the City's budget. ALTERNATIVES: Not proclaim October 2, 2019 as Energy Efficiency Day. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Climate Action Plan Implementation Initiative# EF-10: "Undertake efforts to advance energy efficiencies, energy conservation and the deployment of alternative and/or renewable energy technologies in existing and proposed developments through local ordinance, incentives, education, and energy efficiency financing strategies." Is this a grant? Grant Amount: Page 19 of 541 ATTACHMENTS: Type Description D Proclamation Energy Efficiency Day Proclamation Page 20 of 541 Proclamation WHEREAS,energy efficiency that does not raise electric rates is one of the cheapest,quickest,and cleanest way to meet our energy needs and reduce utility bills for residential,business,and industrial customers;and WHEREAS,smarter energy use reduces the amount of electricity we need to power our lives,which helps avoid power plant emissions that can harm our health,pollute our air,and warm our climate;and WHEREAS,cutting energy waste saves U.S.consumers billions of dollars on their utility bills annually,up to $500 per household from appliance efficiency standards alone;and WHEREAS,implementing energy efficiency and other clean energy policies and programs helps boost economic opportunities and job creation while continuing to move toward a sustainable future;and WHEREAS,more than 2.3 million Americans work in the energy efficiency sector in local,good-paying,clean energy jobs that can't be outsourced and increasing efficiency will create more of them;and WHEREAS,for cities and states tackling harmful pollution,energy efficiency can get them about halfway toward their climate goals;and WHEREAS,a nationwide network of energy efficiency groups and partners has designated the first Wednesday in October as the national annual Energy Efficiency Day;and WHEREAS,residents of Boynton Beach can contribute to sustainability by learning about energy efficiency, practicing smarter energy use in their daily lives,and participating in the City's Energy Edge Rebate Program and Property Assessed Clean Energy financing program;and NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the 2nd day of October Two Thousand Nineteen as: ENERGY EFFICIENCY DAY IN WITNESS WHEREOF, I have hereunto se my hand and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach,Florida,the Is,day of October,Two Thousand Nineteen. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.H. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Proclaim the week of October 13-19, 2019 as Poverty Awareness Week in the City of Boynton Beach. Mr. Ontario "OJ" Johnson will be accepting the proclamation. EXPLANATION OF REQUEST: Circles of Palm Beach County, a program of Pathways to Prosperity, is promoting Poverty Awareness Week to increase awareness to issues related to low-income families in our community. Throughout the week, community members will have an opportunity to participate in a variety of activities and commit to challenges that will bring them face to face with the barriers that impoverished people in our city experience on a daily basis. The challenges include watching films illustrating society's everyday struggle with poverty, eating on $4.50 cents per day, taking public transportation for an entire day and participating in a real life poverty simulation. Circles of Palm Beach County will convene participants who took the challenge to discuss their experience and encourage individuals to get involved with Circles to fight poverty throughout Palm Beach County. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Do not proclaim the week of October 13-19, 2019 as Poverty Awareness Week in the City of Boynton Beach. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: Page 22 of 541 ATTACHMENTS: Type Description D Proclamation P roc lamation-Poverty Awareness Week Page 23 of 541 Proclamation WHEREAS, Circles of Palm Beach County a program of Pathways to Prosperity is a part of a national movement to end poverty;and WHEREAS,Circles of Palm Beach County is promoting Poverty Awareness Week to increase awareness to issues related to low-income families in our community;and WHEREAS, throughout the week, community members will have an opportunity to participate in a variety of activities and commit to challenges that will bring them face to face with the barriers that impoverished people in our city experience on a daily basis;and WHEREAS,the challenges include watching films illustrating society's everyday struggle with poverty, eating on$4.50 cents per day,taking public transportation for an entire day and participating in a real life poverty simulation;and WHEREAS, Circles of Palm Beach County will convene participants who took the challenge to discuss their experience and encourage individuals to get involved with Circles to fight poverty throughout Palm Beach County. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim October 13-19,2019 as: Poverty Awareness Week IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach,Florida,the Is'day of October Two Thousand Nineteen. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.1. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Mayor Steven B. Grant will proclaim that the City of Boynton Beach is committed to partnering with the United States Census Bureau to help ensure a full and accurate count in 2020 and will establish a complete count committee. Sandy Goodman, US Census Partnership Representative, will accept the proclamation. EXPLANATION OF REQUEST: Partnering with the US Census Bureau and establishing a Complete Count Committee will: • Help disseminate 2020 Census information. • Provide a united voice from business, government, community-based and faith-based organizations, educators, media and others that will enable the 2020 Census message to reach more of our citizens. • Encourage all residents to participate in events and initiatives that will raise the overall awareness of the 2020 Census and increase participation. • Strive to achieve a complete and accurate count of all those who reside in the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Every decade, the U.S. Census Bureau counts America's population and uses the data to distribute $675 billion of federal funding to states and communities each year. It is estimated that for every individual counted in the 2020 Census, the City will receive $1,600 per person per year over a ten year period. FISCAL IMPACT: Budgeted 2020 Census expenses are included in the FY19-20 budget. ALTERNATIVES: Do not present the proclamation. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: It is estimated that for every individual counted in the 2020 Census, the City will receive $1,600 per person in payment for services per year over a ten year period. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Page 25 of 541 Grant Amount: ATTACHMENTS: Type Description D Proclamation Census 2020 Proclamation Page 26 of 541 Proclamation WHEREAS, the U.S. Census Bureau is required by the United States Constitution to conduct a count of all citizens;and the City of Boynton Beach is committed to ensuring every citizen is counted;and WHEREAS,federal and state funding is allocated to communities,and decisions are made on matters of national and local importance based,in part,on census data and housing;and are vital tools for economic development and increased employment;and WHEREAS,Census count requires extensive work,and the Census Bureau requires partners at the state and local level to ensure a complete and accurate count;and that a united message from business,government,community- based and faith-based organizations,educators,media,and is required;and WHEREAS,the City of Boynton Beach's Census Complete Count Committee will identify and will bring together a cross section of community members who will utilize their local knowledge and expertise to reach out to all citizens of our community. WHEREAS, the information collected by the census is confidential and protected by law; and the US Census Bureau and the County of Palm Beach Florida will strive for an accurate count. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach in Palm Beach County will establish a Census Complete Count Committee,collaborate with the U.S.Census Bureau,encourage residents to participate in events and initiatives that will raise the overall awareness and strive to achieve a complete and accurate count of all residents. IN WITNESS WHEREOF,I have hereunto set my band and caused the Seal of the City of Boynton Beach,Florida, to be affixed at Boynton Beach,Florida,the Is' day of October,Two Thousand and Nineteen. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.J. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Announce the "Topping Off" Event by Eleanor Krusell, Public Communications & Marketing Director. EXPLANATION OF REQUEST: We're "beaming" with pride! After 8 months, the construction of our new City Hall & Library is reaching the completion of its structural phase! We are celebrating on Wednesday, October 2nd, from 11:30 a.m. to 1:00 p.m. and you are invited! Leave your mark on history! Sign the 1,400 pound, 40 foot long steel beam that will be housed in the City Commission Chambers' ceiling. Watch history in the making as it is hoisted to the second floor! This exciting phase of construction, often referred to as a "Topping Off', will be held on the construction site at 100 East Ocean Avenue. Lunch will be provided. Closed toe shoes are required, as the building is still an active construction site. Parking is limited; please ride share if possible. Those wishing to attend, please RSVP via email at RSVP@bbfl.us or by calling 561-742- 6010. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Several departments will be assisting with the event, such as Public Communications & Marketing, Police and Public Works. FISCAL IMPACT: Budgeted The "Topping Off" Event is budgeted within the Town Square budget and is supported by the Town Square partners. ALTERNATIVES: Do not announce the "Topping Off' event. STRATEGIC PLAN: Redevelop Downtown STRATEGIC PLAN APPLICATION: Town Square is a cornerstone of Downtown Boynton and is the impetus to future development in the downtown area. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Page 28 of 541 Grant Amount: Page 29 of 541 5.A. ADMINISTRATIVE 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. EXPLANATION OF REQUEST: 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: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Board Appointments 10-01-2019 Page 30 of 541 APPOINTMENTS AND APPLICANTS FOR OCTOBER 1, 2019 Arts Commission III Romelus Reg 2 yr term to 12/20 Applicants: None Building Board of Adjustments and Appeals IV Penserga Reg 2 yr term to 12/20 (Tabled 3) Mayor Grant Alt 2 yr term to 12/20 (Tabled 2) 1 Katz Alt 2 yr term to 12/19 (Tabled 2) Applicants: None Education and Youth Advisory Board III Romelus STU 2 yr term to 12/20 (Tabled 2) IV Penserga STU NV 2 yr term to 12/19 Applicants: None Historic Resources Preservation Board I Katz Alt 2 yr term to 12/20 (Tabled 3) Applicants: None Library Board III Romelus Reg 2 yr term to 12/19 (Tabled 3) IV Penserga Alt 2 yr term to 12/20 Applicants: None Senior Advisory Board III Romelus Alt 2 yr term to 12/20 (Tabled 2) IV Penserga Reg 2 yr term to 12/20 (Tabled 2) Mayor Grant Reg 2 yr term to 12/19 (Tabled 2) Applicants: None Page 31 of 541 6.A. CONSENTAGENDA 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-103-Authorize the City Manager to enter into an agreement for renewal of an annual subscription to EBSCO Learning Express Database for one year in the amount of$9,452.00 for the Library. EXPLANATION OF REQUEST: EBSCO Learning Express is an online site featuring over 770 practice tests, tutorials, and eBooks related to job search and workplace skills improvement, career certification and licensing exam preparation, college entrance and graduate school admissions exam preparation, GED exam preparation, and reading, writing, and math improvement, for all ages. This is a sole source vendor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Library customers are able to search for jobs and improve workplace skills. FISCAL IMPACT: Budgeted Budgeted annual subscription fee of$9,452.00 ALTERNATIVES: Do not renew subscription. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 32 of 541 ATTACHMENTS: Type Description D Resolution Resolution approving EBSCO Learning Express Database Agreement D Agreement License Agreement D Attachment Renewal oral D Attachment Sole Source Letter Page 33 of 541 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 CITY MANAGER TO ENTER INTO AN 6 AGREEMENT FOR RENEWAL OF AN ANNUAL 7 SUBSCRIPTION WITH EBSCO LEARNING 8 EXPRESS DATABASE FOR A ONE YEAR PERIOD IN 9 THE AMOUNT OF $9,452.00 FOR THE LIBRARY; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, EBSCO Learning Express is a sole source vendor with an online site 13 featuring over 770 practice tests, tutorials, and eBooks related to job search and workplace 14 skills improvement, career certification and licensing exam preparation, college entrance 15 and graduate school admissions exam preparation, GED exam preparation, and reading, 16 writing, and math improvement, for all ages; and 17 WHEREAS, upon recommendation of staff, the City Commission of the City of 18 Boynton Beach does hereby approve the renewal of an Agreement with EBSCO Learning 19 Express Database for one year in the amount of$9,452.00. 20 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part of this Resolution upon 24 adoption hereof. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 26 approves and authorizes the City Manager to enter into an Agreement for renewal of an 27 annual subscription with EBSCO Learning Express Database for a one year period in the 28 amount of$9,452.00 for the Library, a copy of which is attached hereto as Exhibit"A". 29 Section 3. That this Resolution shall become effective immediately. S:\CA\RESO\Agreements\EBSCO Learning Express Agreement-Reso.doex Page 34 of 541 1 PASSED AND ADOPTED this day of October, 2019. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 YES NO 5 6 Mayor— Steven B. Grant 7 8 Vice Mayor—Justin Katz 9 10 Commissioner—Mack McCray 11 12 Commissioner—Christina L. Romelus 13 14 Commissioner—Ty Penserga 15 16 17 VOTE 18 ATTEST: 19 20 21 22 Crystal Gibson, MMC 23 City Clerk 24 25 26 27 (Corporate Seal) 28 S:\CA\RESO\Agreements\EBSCO Learning Express Agreement-Reso.doex Page 35 of 541 EBSCO LICENSE AGREEMENT By using the services available at this site or by making the services available to Authorized Users, the Authorized Users and the Licensee agree to comply with the following terms and conditions (the "Agreement"). For purposes of this Agreement, "EBSCO" is EBSCO Publishing, Inc.; the "Licensee" is the entity or institution that makes available databases and services offered by EBSCO; the "Sites" are the Internet websites offered or operated by Licensee from which Authorized Users can obtain access to EBSCO's Databases and Services; and the "Authorized User(s)" are employees, students, registered patrons, walk-in patrons, or other persons affiliated with Licensee or otherwise permitted to use Licensee's facilities and authorized by Licensee to access Databases or Services. "Authorized User(s)" do not include alumni of the Licensee. "Services" shall mean EBSCOhost, EBSCOhost Integrated Search, EBSCO Discovery Service EBSCO eBooks, Flipster, PrepSTEP and related products to which Licensee has purchased access or a subscription. "Services" shall also include audio books and eBooks to which a Licensee has purchased access or a subscription and periodicals to which Licensee has purchased a subscription. "Databases" shall mean the products made available by EBSCO. EBSCO disclaims any liability for the accuracy, completeness or functionality of any material contained herein, referred to, or linked to. Publication of the servicing information in this content does not imply approval of the manufacturers of the products covered. EBSCO assumes no responsibility for errors or omissions nor any liability for damages from use of the information contained herein. Persons engaging in the procedures included herein do so entirely at their own risk. I. LICENSE A. EBSCO hereby grants to the Licensee a nontransferable and non-exclusive right to use the Databases and Services made available by EBSCO according to the terms and conditions of this Agreement. The Databases and Services made available to Authorized Users are the subject of copyright protection, and the original copyright owner (EBSCO or its licensors) retains the ownership of the Databases and Services and all portions thereof. EBSCO does not transfer any ownership, and the Licensee and Sites may not reproduce, distribute, display, modify, transfer or transmit, in any form, or by any means, any Database or Service or any portion thereof without the prior written consent of EBSCO, except as specifically authorized in this Agreement. B. The Licensee is authorized to provide on-site access through the Sites to the Databases and Services to any Authorized User. The Licensee may not post passwords to the Databases or Services on any publicly indexed websites. The Licensee and Sites are authorized to provide remote access to the Databases and Services only to their patrons as long as security procedures are undertaken that will prevent remote access by institutions, employees at non- subscribing institutions or individuals, that are not parties to this Agreement who are not expressly and specifically granted access by EBSCO. For the avoidance of doubt, if Licensee provides remote access to individuals on a broader scale than was contemplated at the inception of this Agreement then EBSCO may hold the Licensee in breach and suspend access to the Database(s)or Services. Remote access to the Databases or Services is permitted to patrons of subscribing institutions accessing from remote locations for personal, non- commercial use. However, remote access to the Databases or Services from non- subscribing institutions is not allowed if the purpose of the use is for commercial gain through cost reduction or avoidance for a non-subscribing institution. C. Licensee and Authorized Users agree to abide by the Copyright Act of 1976 as well as by any contractual restrictions, copyright restrictions, or other restrictions provided by publishers and specified in the Databases or Services. Pursuant to these terms and conditions, the Licensee and Authorized Users may download or print limited copies of citations, abstracts, full text or portions thereof, provided the information is used solely in accordance with copyright law. Licensee and Authorized Users may not publish the information. Licensee and Authorized Users shall not use the Database or Services as a component of or the basis of any other publication prepared for sale and will neither duplicate nor alter the Databases or Services or any of the Page 36 of 541 content therein in any manner, nor use same for sale or distribution. Licensee and Authorized Users may create printouts of materials retrieved through the Databases or Services via online printing, offline printing, facsimile or electronic mail. All reproduction and distribution of such printouts, and all downloading and electronic storage of materials retrieved through the Databases or Services shall be for internal or personal use. Downloading all or parts of the Databases or Services in a systematic or regular manner so as to create a collection of materials comprising all or part of the Databases or Services is strictly prohibited whether or not such collection is in electronic or print form. Notwithstanding the above restrictions, this paragraph shall not restrict the use of the materials under the doctrine of"fair use" as defined under the laws of the United States. Publishers may impose their own conditions of use applicable only to their content. Such conditions of use shall be displayed on the computer screen displays associated with such content. The Licensee shall take all reasonable precautions to limit the usage of the Databases or Services to those specifically authorized by this Agreement. D. Authorized Sites may be added or deleted from this Agreement as mutually agreed upon by EBSCO and Licensee E. Licensee agrees to comply with the Copyright Act of 1976, and agrees to indemnify EBSCO against any actions by Licensee that are not consistent with the Copyright Act of 1976. F. The computer software utilized via EBSCO's Databases and Service(s) is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this software, or any portion of it, is not allowed. User shall not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the software, or create derivative works from the software. G. The Databases are not intended to replace Licensee's existing subscriptions to content available in the Databases. H. Licensee agrees not to include any advertising in the Databases or Services. II. LIMITED WARRANTY AND LIMITATION OF LIABILITY A. EBSCO and its licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, non infringement, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its licensors any other liability in connection with the licensing of the Databases or the Services under this Agreement and/or its use thereof by the Licensee and Sites or Authorized Users. B. THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. Licensee is responsible for maintaining a valid license to the third party resources configured to be used via the Services (if applicable). EBSCO disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorization. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution. III. PRICE AND PAYMENT Page 37 of 541 A. License fees have been agreed upon by EBSCO and the Licensee, and include all retrospective issues of the Product(s)as well as updates furnished during the term of this Agreement. The Licensee's obligations of payment shall be to EBSCO or its assignee. Payments are due upon receipt of invoice(s) and will be deemed delinquent if not received within thirty(30)days. Delinquent invoices are subject to interest charges of 12% per annum on the unpaid balance (or the maximum rate allowed by law if such rate is less than 12%). The Licensee will be liable for all costs of collection. Failure or delay in rendering payments due EBSCO under this Agreement will, at EBSCO's option, constitute material breach of this Agreement. If changes are made resulting in amendments to the listing of authorized Sites, Databases, Services and pricing identified in this Agreement pro rata adjustments of the contracted price will be calculated by EBSCO and invoiced to the Licensee and/or Sites accordingly as of the date of any such changes. Payment will be due upon receipt of any additional pro rata invoices and will be deemed delinquent if not received within thirty (30)days of the invoice dates. B. Taxes, if any, are not included in the agreed upon price and may be invoiced separately. Any taxes applicable to the Database(s) under this Agreement, whether or not such taxes are invoiced by EBSCO, will be the exclusive responsibility of the Licensee and/or Sites. IV. TERMINATION A. In the event of a breach of any of its obligations under this Agreement, Licensee shall have the right to remedy the breach within thirty (30)days upon receipt of written notice from EBSCO. Within the period of such notice, Licensee shall make every reasonable effort and document said effort to remedy such a breach and shall institute any reasonable procedures to prevent future occurrences of such breaches. If the Licensee fails to remedy such a breach within the period of thirty (30)days, EBSCO may(at its option)terminate this Agreement upon written notice to the Licensee. B. If EBSCO becomes aware of a material breach of Licensee's obligations under this Agreement or a breach by Licensee or Authorized Users of the rights of EBSCO or its licensors or an infringement on the rights of EBSCO or its licensors, then EBSCO will notify the Licensee immediately in writing and shall have the right to temporarily suspend the Licensee's access to the Databases or Services. Licensee shall be given the opportunity to remedy the breach or infringement within thirty(30)days following receipt of written notice from EBSCO. Once the breach or infringement has been remedied or the offending activity halted, EBSCO shall reinstate access to the Databases or Services. If the Licensee does not satisfactorily remedy the offending activity within thirty (30)days, EBSCO may terminate this Agreement upon written notice to the Licensee. C. The provisions set forth in Sections I, II and V of this Agreement shall survive the term of this Agreement and shall continue in force into perpetuity. V. NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT EBSCO has appointed an agent to receive notifications of claims of copyright infringement regarding materials available or accessible on, through, or in connection with our services. Any person authorized to act for a copyright owner may notify us of such claims by contacting the following agent: Kim Stam, EBSCO Publishing, 10 Estes Street, Ipswich, MA 01938; phone: 978-356-6500; fax: 978-356-5191; email: kstam@ebsco.com. In contacting this agent, the contacting person must provide all relevant information, including the elements of notification set forth in 17 U.S.C. 512. VI. GENERAL Page 38 of 541 A. Neither EBSCO nor its licensors will be liable or deemed to be in default for any delays or failure in performance resulting directly or indirectly from any cause or circumstance beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, rain, fire, flood, accidents, earthquake(s), strikes or labor shortages, transportation facilities shortages or failures of equipment, or failures of the Internet. B. This Agreement and the license granted herein may not be assigned by the Licensee to any third party without written consent of EBSCO. C. If any term or condition of this Agreement is found by a court of competent jurisdiction or administrative agency to be invalid or unenforceable, the remaining terms and conditions thereof shall remain in full force and effect so long as a valid Agreement is in effect. D. If the Licensee and/or Sites use purchase orders in conjunction with this Agreement, then the Licensee and/or Sites agree that the following statement is hereby automatically made part of such purchase orders: "The terms and conditions set forth in the EBSCO License Agreement are made part of this purchase order and are in lieu of all terms and conditions, express or implied, in this purchase order, including any renewals hereof." E. This Agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all prior agreements and understandings, written and/or oral. There are no representations, warranties, promises, covenants or undertakings, except as described here. F, EBSCO grants to the Licensee a non-transferable right to utilize any IP addresses provided by EBSCO to Licensee to be used with the Services. EBSCO does not transfer any ownership of the IP addresses it provides to Licensee. In the event of termination of the Licensee's license to the Services, the Licensee's right to utilize such IP addresses will cease. Page 39 of 541 PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC@BBFL.US SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of Page 40 of 541 goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Page 41 of 541 CustID: 58369469 Product Order Form OrderID: WSR467094 10 Estes Street Date: 09/12/2019 P.O.Box 682 (978)356-6500 Page 1 of 1 Ipswich,MA 01938 (800)653-2726 USA Fax:(978)356-5640 www.ebsco.com information@epnet.com Purchasing Customer Billing Address BOYNTON BEACH PUBLIC LIBRARY BOYNTON BEACH PUBLIC LIBRARY REFERENCE DEPT REFERENCE DEPT 208 S SEACREST BLVD 208 S SEACREST BLVD BOYNTON BEACH,FL,33435 BOYNTON BEACH,FL,33435 USA USA Contact: Your invoice will be sent to: Jeannie Taylor Jeannie Taylor 5617426396 taylorjd@bbfl.us taylorjd@bbfl.us LEX 2020 $9,452.00 Writing Improvement Program Renewal Only 10/01/2019 09/30/2020 _LearningExpress Library 10/01/2019 09/30/2020 Job and Career Accelerator Center-Stand-alone 10/01/2019 09/30/2020 Popular Software Tutorials Center-Add-on_ 10/01/2019 09/30/2020 Total: $9,452.00 The above excludes all applicable tax Currency: US Dollar Price represented is the cash discounted price for payments received by check or electronic payment.If paying by a method other than check or electronic payment, please inquire for non cash discounted pricing.Payment due upon receipt of invoice.Interest of 1 percent per month charged for payment received later than 30 days after invoice date.eBooks and eAudiobooks ordered are non-returnable and non-refundable. Terms and Conditions Customer agrees to terms and conditions of the appropriate EBSCO License Agreement for usage of purchased access or subscription to electronic databases,econtent and services.If ordering ebooks or audiobooks,customer also agrees to the terms and conditions of the Library eContent Agreement. Authorized Signature: Date: Print Name: Title: Please sign,scan and email this form to:AMY DIPIANO at adipiano@ebsco.com Thank you for your business! If unable to scan,please fax to:978-356-5640 Page 42 of 541 INFORMATION Tim Collins GRO President urxaa�„ha4:.eiwa SERVICES EBSCO Inforrnation Services 9/19/2019 RE: Sole Source Statement Dear Tiffany: Please accept this letter as formal notice that EBSCO Information Services is the sole source provider of LearningExpress products which include: Learning Express Library, Job and Career Accelerator, Popular Software Tutorials, Writing Improvement Program. Should you have any questions or require further assistance, please do not hesitate to contact me at your convenience. Sincerely, 4ffrot.— Alex Saltzman Sr. VP, Inside Sales EBSCO Information Services asaltzman@ebsco.com MM bm Headquarters: 10 Estes Street P.O. Box 682 Ipswich, MA 01938 USA D$vidWA� -sinenrt CF0 Phone: (978)356-6500 (800)653-2726 Fax: (978)356-6565 Email: information@ebsco.com Web:www.ebsco.cqrtge 4S Ct 541-, 6.B. CONSENTAGENDA 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION R19-104-Approve and authorize the City Manager to enter into an agreement for renewal of an annual subscription to ProQuest Ancestry Library Database for one year in the amount of$3,380. EXPLANATION OF REQUEST: This subscription database provides unlimited access to a multitude of genealogy resources, with billions of records in census data, vital records, directories, photos and more through the Library's website. This is a sole source vendor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This subscription database improves customer service by offering genealogy resources for personal use. FISCAL IMPACT: Budgeted Budgeted Annual subscription fee of$3,380. ALTERNATIVES: Do not renew subscription. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution authorizing the City Manager to sign ProQuest Agreement Attachment Public Records & Scrutinized - Proquest Agreement Proquest Renewal Agreement Sole Source Letter Sole Source Letter Page 44 of 541 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 CITY MANAGER TO ENTER INTO AN 6 AGREEMENT FOR RENEWAL OF AN ANNUAL 7 SUBSCRIPTION WITH PROQUEST ANCESTRY 8 LIBRARY DATABASE FOR A ONE YEAR PERIOD IN 9 THE AMOUNT OF $3,380.00; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, EBSCO Learning Express is a sole source vendor with an online site 13 that provides unlimited access to a multitude of genealogy resources with billions of records 14 in census data, vital records, directories, photos and more; and 15 WHEREAS, upon recommendation of staff, the City Commission of the City of 16 Boynton Beach does hereby approve the renewal of an Agreement with ProQuest Ancestry 17 Library Database for one year in the amount of$3,380.00. 18 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 21 as being true and correct and are hereby made a specific part of this Resolution upon 22 adoption hereof. 23 Section 2. The City Commission of the City of Boynton Beach,Florida, hereby 24 approves and authorizes the City Manager to enter into an Agreement for renewal of an 25 annual subscription with ProQuest Ancestry Library Database for a one year period in the 26 amount of$3,380.00 for the Library, a copy of which is attached hereto as Exhibit"A". 27 Section 3. That this Resolution shall become effective immediately. 28 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\D52D9B59-9020-4898-9A1 E-2A7B732438D6\Boynton Beach.18420.1.Pro Quest—Data base—Agree ment_=Reso.docx Page 45 of 541 1 PASSED AND ADOPTED this day of October, 2019. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 YES NO 5 6 Mayor— Steven B. Grant 7 8 Vice Mayor—Justin Katz 9 10 Commissioner—Mack McCray 11 12 Commissioner—Christina L. Romelus 13 14 Commissioner—Ty Penserga 15 16 17 VOTE 18 ATTEST: 19 20 21 22 Crystal Gibson, MMC 23 City Clerk 24 25 26 27 (Corporate Seal) 28 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\D52D9B59-9020-4898-9A1 E-2A7B732438D6\Boynton Beach.18420.1.Pro Quest—Data base—Agree ment_=Reso.docx Page 46 of 541 Additional Terms In the terms below "City" or"CITY" means Customer and "Contractor' means ProQuest (Customer and ProQuest as defined herein). PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City; and D Upon completion of the contract, transfer, at no cost to the CITY, all public records in Contractor's possession or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 PYLEJ@BBFL.US Page 47 of 541 SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Page 48 of 541 License Agreement consists of: Pro ' ProQuest Customer Order Form ---- Terms and Conditions of Previously Executed License Agreement Q!. Addenda(if applicable) By signing this License Agreement("Agreement')with your signature below,you agree to license the Service under the previously executed terms and conditions on file and ou certi that ou are authorized to enter into this A reement on behalf of the Customer. Customer: Boynton Beach City Library Authorization by Customer: Authorization by ProQuest LLC: Signature: Signature: Duly Authorized Signature Duly Authorized Signature Name: Name: Title: Title: Date Signed: Date Signed: Order Form Q-00342078 PQ10080667 Ancestry Library ANCLIB 10/1/2019 9/30/2020 3,380.00 USD Ancestry Library Edition—No remote access is allowed for public libraries, genealogical and historical societies, government agencies,for-profit corporations, and non-profit organizations. Remote access may be available for academic institutions, with the following certain restrictions: Only currently enrolled students and active faculty are allowed remote access. No remote access for alumni and faculty emeritus. (However, on-campus access is permissible for all groups.) Users must be authenticated via the schools'website using IP address or Referring URL. No username/password access Additional Terms In the terms below, "City" or"CITY" means Customer and "Contractor" means ProQuest (Customer and ProQuest as defined herein). PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: US2017(rev. 7/17/2017) Page 1 of 3 Page 49 of 541 A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City; and D Upon completion of the contract,transfer, at no cost to the CITY, all public records in Contractor's possession or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 PYLEJ@« BBFL.US SCRUTINIZED COMPANIES-- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice, in writing,to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to US2017(rev. 7/17/2017) Page 2 of 3 Page 50 of 541 refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety(90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. IN • • Boynton Beach City Library Boynton Beach City Library 115 N Federal Hwy Boynton Beach FL United States 115 N Federal Hwy Boynton Beach FL United States 33435 33435 Electronic Invoice Recipient(s): Electronic Renewal Recipient(s): Craig Clark Craig Clark clarkc@bbfl.us clarkc@bbfl.us If your subscribing institution requires the use of Purchase Tax Registration Number# Orders,please indicate below. If tax exempt,please include copy of supporting Purchase Order# documentation with signed agreement or email a copy to Billing Information Notes Invoices will be emailed to the bill-to- To sign up for our auto-renewal program as part of our'go green'initiative. Your contact and renewals will be emailed to subscription to the service will automatically renew for successive 12 month the ship-to-contact.If your institution is periods at the rate set forth in the renewal invoice sent to the Customer,unless unable to accept electronic invoices, Customer sends written cancellation notice to ProQuest within 30-days of the please check this box: Customer's receipt of the renewal invoice, with such cancellation to be effective as of the end of the current subscription period,please check this box: Length: Prefix: Authentication Instructions: 1 • • • Account Manager Information: Daniel Hayes (734) 997-4035 1 daniel.hayes@proquest.com US2017(rev. 7/17/2017) Page 3 of 3 Page 51 of 541 July 9, 2019 Pro uestC _Start here, ATTN: Tiffany Pagan Senior Accounting Technician Boynton Beach City Library 115 N Federal Hwy Boynton Beach, FL 33435 Dear Tiffany Pagan, ProQuest LLC, (ProQuest), a part of Cambridge Information Group, is committed to providing global access to one of the largest online content repositories in the world. Throughout ProQuest's evolution,we've established our position as the leading provider of microform and electronic information to school, academic, public, and government libraries around the world. Since 1938,we've worked closely with the worldwide publishing community to preserve and provide access to information.Our many long-term,trusted partnerships with publishers have made ProQuest the information company of choice for over 9,000 publishers. ProQuest aggregates source material from third-party publishers and creates associated abstracts, indexes, transcripts, and other proprietary elements for such material to make up our products and services. The databases we provide are derivative works as defined under the Copyright Act of 1976, Title 17 U.S.C. and are subject to separate copyright protection. ProQuest is the sole holder of the copyright in the ProQuest-created products and services as a collective or derivative. With respect to third-party databases, ProQuest distributes and hosts certain third-party databases and in some cases provides the associated full-text articles,transcripts, and other value-added elements to complement the offering through ProQuest's own proprietary online search engines.Additionally, ProQuest is the proprietary owner of the on-line platforms that form a substantial part of the ProQuest®,Alexander StreetTA°, RefWorks®, and its other on-line information and research services. As a result, only ProQuest can provide the content combined with the proprietary platform and user experience for the following products/services: Ancestry Library Fold3 HeritageQuest Online Sincerely, CR 4�aY Rebecca Rickabaugh Product Data Manager 789 E. Eisenhower Parkway,Ann Arbor, MI, 48108 Tel: +1-800-521-0600,+1-734-761-4700 Page 52 of 541 6.C. CONSENTAGENDA 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO.19-105- Authorize the City Manager to sign all documents associated with the acceptance and grant agreement for the VOCA grant subject to the approval of the City Attorney. EXPLANATION OF REQUEST: The Office of the Attorney General, Bureau of Advocacy and Grants Management, has awarded the Police Department a Victims of Crime Act (VOCA) grant for the 2019-2020 funding cycle in the amount of$66,749.00. Approval of this award will allow our agency to keep the current VOCA funded victim advocate on staff. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Victim advocates are professionals trained to support victims of crime. Advocates offer victims information, emotional support, help find resources, and assist victims complete necessary court and administrative paperwork. The advocates also contact organizations, such as criminal justice or social service agencies, to get help or information for victims. Our agency currently has one full time city funded and one VOCA funded victim advocate who are responsible to fulfill the needs of the victims in our community. Without the additional advocate, staff would become overwhelmed with the daily operations of the office leaving little time for detailed follow up and proactive work. FISCAL IMPACT: Non-budgeted There is no fiscal impact. We are offering a percentage of the salary of the police sergeant in the Special Victims Unit for the required 20% cash/in-kind match. ALTERNATIVES: Do not accept the grant. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 53 of 541 Is this a grant? Yes Grant Amount: $66,749.00 ATTACHMENTS: Type Description D Resolution Resolution accepting the VOCA Grant and the City manager to sign the necessary documents Page 54 of 541 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND ACCEPTING THE 5 VICTIMS OF CRIME ACT (VOCA) GRANT IN THE 6 AMOUNT OF $66,749.00 FOR THE FISCAL YEAR 7 2019/20; AUTHORIZING THE CITY MANAGER TO 8 SIGN ALL DOCUMENTS NECESSARY TO ACCEPT 9 THE AWARD; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, the City of Boynton Beach Police Department applied for and has 14 been awarded a Victims of Crime Act (VOCA) grant from the Office of the Attorney 15 General, Bureau of Advocacy and Grants Management; and 16 WHEREAS,the grant is in the amount of$66,749.00; and 17 WHEREAS, the VOCA grant funds will allow our agency to keep the current 18 VOCA funded victim advocate on staff. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach hereby accepts 26 the Victims of Crime Act(VOCA) Grant from the Office of the Attorney General, Bureau 27 of Advocacy and Grants Management in the amount of $66,749.00 for the fiscal year 28 2019/20 funding cycle 29 Section 3. The City Manager is authorized to sign all documents necessary to 30 accept the Grant award. 31 Section 4. This Resolution shall become effective immediately upon passage. C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\9BFC92A6-D3D0-4409-BC28-IA9DB91DA749\Boynton Beach.18406.1.Accept VOCA Grant (2019)_-_Reso.Docx Page 55 of 541 32 33 PASSED AND ADOPTED this day of , 2019. 34 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor—Justin Katz 42 43 Commissioner—Mack McCray 44 45 Commissioner—Christina L. Romelus 46 47 Commissioner—Ty Penserga 48 49 50 VOTE 51 52 ATTEST: 53 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 61 (Corporate Seal) 62 63 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\9BFC92A6-D3D0-4409-BC28-IA9DB91DA749\Boynton Beach.18406.1.Accept VOCA Grant (2019)_-_Reso.Docx Page 56 of 541 6.D. CONSENTAGENDA 10/1/2019 CITY OF BOYNTON BEACH '• AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the eleven (11) month period ended August 31, 2019. EXPLANATION OF REQUEST: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the eleven (11) month period ended August 31, 2019(92%of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND FY 2018-19 FY 2017-18 FY 2019 vs. 2018 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues &Transfers $91,124 $91,374 100% $87,487 $83,455 95% 4.2% 9.5% Expenditures $(91,124) $(79,720) 87% $(87,487) $(74,685) 85% 4.2% 6.7% Excess(Deficit) $- $ 11,654 $ $ 8,770 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $11.6M surplus for the period ending August 31, 2019. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of$75.2M or 82%of our total$91.1 M General Fund budget estimate for FY 2018-19. Transfers from other funds(non- revenues) provide$15.9M or 18%of the total funding sources to balance our$91.1 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 40%-$36.3M—Property taxes less Tax Increment Financing to the CRA 2. 42%-$38.9M—All other revenues plus General Fund Balance 3. 18%-$ 15.9M—Transfers from other funds 100%-$91.1 M—Total funding sources The property tax rate for FY 2018-19 is 7.9000 mills, no change from the prior year; the net property taxes of$36.3M in FY 2018-19 represent an 6.55%increase in property tax revenue or an increase of$2.2M from FY 2017-18. To balance the budget in FY 2018-19, it required transfers from other funds of$15.9M representing 18%of all funding sources. Actual Funding Sources Realized: At the end of the eleventh month in FY 2018-19, revenues and transfers realized are approximately$91.3M or 100%of the budget estimate compared to$83AM or 95% realized to date in FY 2017-18. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $36.2M or 100% of $36.3M as Page 57 of 541 compared to$33.8M or 99%of$34.OM for FY 2017-18, as noted on Exhibit A. Expenditures(Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 4.16% from $87AM to $91.1M. The budget increase was due to the cost of doing business, Town Square project, providing funding related to wage increases, equipment and additional personnel. Actual Expenditures— General Fund expenditures for the eleventh month period ending August 31 (92% of the fiscal year) are $79.7M that is 87% of the $91.1M expenditure appropriation for FY 2018-19. Note: the City's annual pension obligations for General Employees, Fire, and Police are paid in the first month of the fiscal year. The table at the top of Exhibit B displays actual expenditures of$79.7M or 87% of the FY 2018-19 budget. At this point in the fiscal year, FY2018-19 spending levels are$5.OM ahead of the$74.7M or 85% expended in FY 2017-18 for this same period, mainly due to Town Square costs. The chart below shows the monthly flow of sources and uses. Note: the month of October mainly reflects the payment of pension liabilities; December shows the highest collection of Ad Valorem Taxes and May shows mostly Town Square expenses. Boynton Beach General Fund Monthly Comparison of Revenaues&Expenditures from October 2018 to August 2019 $35 $30000,000 Ou $2sja c [[�� f�y�y����-yy-ry��yyyy �n 582RLYy'IA11J, -, �3 RN enue $15 m Expenditures 0. Vi Z.. a i iFQCr r; M w $0 NO - - OICT NGV [AEC JAN FEB MAR APR MAY JUN JUL AUG SEP UTILITY FUND The FY 2018-19 annual expenditure budget of$48.7M represents a $2.1M increase from the FY 2017-18 budget of$46.5M. The operational forecast reflects an estimated decrease of$1.OM of the fund balance for FY 2017-18, see Exhibit C. FY 2018-19 FY 2017-18 FY 2019 vs. 2018 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues &Transfers $48,708 $45,493 93% $46,544 $43,495 93% 4.6% 4.6% Expenditures $(48,708) $(41,971) 86% $(46,544) $(39,533) 85% 4.6% 6.2% Excess(Deficit) $- $ 3,522 $- $ 3,962 For the eleventh month period in FY 2018-19, Page 58 of 541 • Kevenues reaiizea are z�4n.nivi (y376)OT the annual Duaget estimate. • Expenditures incurred are$41.9M (86%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately$3.5M. Expenditures (Exhibit D) — Utility Fund FY 2018-19 expenditures to date are $41.9M or 86% of the annual appropriation compared to expenditures of $39.5M or 85% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). Boynton Beach Utility Fund Monthly ompariso ref Rev nues&Expenditures from October 2018 to August 2019 $5 17 `. 17 1 $4,0W,0130 4 ,.® Yodc'tLIIVT3 $2ad d GCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum GF Statement of Revenues thru August 31, 2019 D Addendum GF Statement of Expenditures thru August 31, 2019 D Addendum OF Statement of Revenues thru August 31, 2019 Page 59 of 541 D Addendum UF Statement of Expenditures thru August 31, 2019 Page 60 of 541 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31,2019(92%of Fiscal Year) REVENUES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES,net $ 44,146,986 $ 44,091,068 100% $ 41,458,358 41,183,218 99% LESS TIF TAXES TO CRA 7,816,311 (7,817,513) 100% 7,360,831 (7,336,119) 100% NET TAXES TO THE CITY 36,330,675 36,273,555 100% 34,097,527 33,847,099 99% LICENSES AND PERMITS BUSINESS TAXES 1,750,000 2,293,643 131% 1,731,000 1,767,562 102% BUILDING PERMITS 2,965,000 3,945,959 133% 2,712,000 3,010,643 111% FRANCHISE FEES 4,915,000 4,112,626 84% 4,865,000 4,334,309 89% OTHR LICENSES,FEES&PER 222,000 175,206 79% 222,000 203,027 91% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 75,000 67,194 90% 85,000 42,515 50% STATE SHARED REVENUES 8,852,000 8,368,708 95% 8,677,000 8,186,298 94% SHRD REV FROM OTHR LCL 335,000 308,901 92% 335,000 180,955 54% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 124,663 151,981 122% 121,300 137,657 113% CHRGS-GENERAL GOVT 508,688 450,502 89% 507,800 475,795 94% PUBLIC SAFETY 6,981,200 8,352,243 120% 6,086,500 6,593,830 108% PHYSICAL ENVIRONMENT 20,000 24,741 124% 20,000 21,239 106% CULTURE/RECREATION 411,500 358,560 87% 428,700 390,786 91% INTEREST&MISC REVENUE LIBRARY FINES 30,000 11,259 38% 30,000 17,150 57% VIOLATIONS LOCAL ORD. 393,000 444,398 113% 643,000 222,186 35% INTEREST EARNINGS 65,000 331,092 509% 65,000 70,055 108% RENTS AND ROYALTIES 363,800 374,924 103% 368,800 386,363 105% SPECIAL ASSESSMENTS 6,589,000 6,771,066 103% 6,589,000 6,773,168 103% SALE OF SURPLUS MATERIAL 1,500 9,183 612% 1,500 3,536 236% OTHER MISC.REVENUE 4,264,000 3,948,737 93% 4,715,145 2,870,372 61% INTERNAL FUND TRANSFERS TRANSFERS 15,927,000 14,599,750 92% 15,067,850 13,812,196 92% FUND BALANCE APPROPRIATED - - 0% 118,100 108,258 92% Total Revenues $ 91,124,026 $ 91,374,228 100% $ 87,487,222 83,454,999 95% $100,000 1� Two Year Cumulative Revenue Comparison and CFY ,y' S91,124 $90,000 - g ($in thousands) � ,�®"' Budget � #I $80,000 $70,000 Q1 ,. Y, $60,000 � �I i i I $50,000 $40,000 I 30,000 - - - �N, $20,000 Il, $10,000 $0 ... ..... .... ......... ....f ........... Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 1dkS Cumulative 2017-18 Actual Cumulative 2018-19 Actual 2018-19 Budget S:AFin-cTinancial Reports/Monthly Financial Reports/FY2018-2019TY1819 Budget Review-GF-thru Aug 19 Summarized001 Revenue Summary Revised Page. 64/2of 541 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31,2019(92%of Fiscal Year) EXPENDITURES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 276,642 $ 248,415 90% $ 267,301 $ 237,276 89% CITY MANAGER 745,932 704,640 94% 746,362 651,315 87% CITY HALL/GEN.ADMIN. 3,837,051 2,505,375 65% 6,230,163 5,245,410 84% MARKETING/COMMUNICATIONS 464,668 355,993 77% 333,846 264,155 79% SPECIAL EVENTS 251,714 139,809 56% 0 0 0% TOWN SQUARE 5,630,454 4,161,506 74% 1,500,000 (1,179,089) -79% CITY CLERK 763,171 605,324 79% 569,241 496,924 87% CITY ATTORNEY 574,761 462,237 80% 724,916 650,166 90% FINANCIAL SERVICES 1,348,593 1,195,888 89% 1,184,980 1,044,093 88% ITS 2,439,074 2,128,533 87% 2,143,805 1,840,205 86% HUMAN RESOURCES 815,343 738,096 91% 824,823 647,072 78% UNIFORM SERVICES 17,307,392 15,743,765 91% 17,039,645 15,371,772 90% ADMINISTRATIVE SERVICES 3,452,639 2,751,710 80% 3,266,135 2,814,498 86% SUPPORT SERVICES 10,381,854 9,401,859 91% 9,953,470 8,979,120 90% FIRE 24,018,134 22,582,222 94% 24,270,971 22,171,152 91% COMMUNITY STANDARDS 2,219,335 1,789,188 81% 2,066,791 1,851,503 90% EMERGENCY MANAGEMENT 28,775 7,146 25% 22,320 14,525 65% BUILDING&DEVELOPMENT DEVELOPMENT 1,172,208 1,115,147 95% 1,136,941 1,005,437 88% BUILDING 1,487,060 1,366,955 92% 1,502,497 1,193,742 79% ENGINEERING 659,397 544,981 83% 622,155 546,467 88% PLANNING&ZONING 713,629 580,340 81% 756,125 620,020 82% ECONOMIC DEVELOPMENT 463,475 375,086 81% 412,318 283,895 69% PUBLIC WORKS PUBLIC WORKS 152,825 139,305 91% 245,550 227,828 93% FACILITIES MANAGEMENT 1,915,028 1,565,793 82% 2,023,598 1,570,993 78% STREETS MAINTENANCE 1,200,324 1,007,031 84% 1,127,135 919,697 82% LEISURE SERVICES LIBRARY 2,336,700 1,891,052 81% 2,315,127 2,025,200 87% SCHOOLHOUSE MUSEUM SERV 322,094 299,045 93% 254,971 232,913 91% RECREATION 3,011,935 2,602,752 86% 3,005,874 2,615,091 87% PARKS&GROUNDS 3,133,819 2,700,807 86% 2,940,162 2,321,394 79% CRA REIMBURSABLE&RESERVES - 10,046 0% - 20,740 0% Total Expenditures $ 91,124,026 $ 79,720,046 87% �$-- 87 487 222 $ 74,683,514 85% $100,000 Two Year Cumulative Expenditure Comparison and $91,124 $90,000 3 CFY Budget-($in thousands) y n $80,000 3 aka` t, $70,000 3 I � $60,000 1 6 �1z' 5 $50,000 a� 1 $40,000 3 CS Cx1 G] $30,000 I Uyhb yup` $20,000 $10,000 $0 ......... 759 $0 .... Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep =Cumulative�Cumulative 2017-15 Actual Cumulative 2015-19 Actual 2015-19 Budget S:Tinan Tinancial Reports\Monthly Financial Reports\FY2018-2019TY1819 Budget Review-GF-thio Aug 19 Summarized001 Expenditure SummaryRevised Page 62/of 541 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31,2019(92%of Fiscal Year) REVENUES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 22,542,000 $ 20,949,540 93% $ 21,675,000 $ 20,137,752 93 WATER CONNECTION FEE 150,000 83,286 56% 150,000 43,785 29 WATER SERVICE CHARGE 850,000 830,250 98% 850,000 854,230 100 WTR-BACKFLOW PREVNTR TEST 14,000 15,565 111% 10,000 20,596 206 RECLAIMED WATER SALES 310,000 473,767 153% 64,000 333,230 521 SEWER SERVICE 19,635,000 17,967,849 92% 18,870,000 17,518,925 93 STORMWATER UTILITY FEE 4,100,000 3,791,532 92% 3,800,000 3,561,369 94 TELEVISE SEWER LINES 10,000 10,642 106% 5,000 24,152 483 FEES 20,000 45,809 229% 20,000 30,177 151 INTEREST INCOME 35,000 292,750 836% 35,000 (3,915) -11 SALE OF SURPLUS MATERIAL 2,000 730 0% 2,000 - 0 OCEAN RGE UT TAX ADM CHG 800 915 114% 800 854 107 MISCELLANEOUS INCOME - 77,584 0% - 516 0% FUND BALANCE DECREASE(INCREASE) 1,039,304 952,695 92% 1,061,993 973,494 92 TOTAL REVENUES $ 48,708,104 $ 45,492,914 93% $ 46,543,793 $ 43,495,165 93% ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $60,000 _ Two Year Cumulative Revenues Comparison and CFY Budget-($in thousands) ti $50,000 $48,708 'y b 3gy� P~ $40,000 '-• $30,000 o, y y�c,tio ti titi �� y $20,000 y ti y� I I $10,000 �tiy �ti c, 1 ',. $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep .. ._Cumulative 2017-18 Actual VFWK Cumulative 2018-19 Actual 2018-19 Budget ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:\Finance\Financial Reports\Monthly Financial Reports\FY2018-2019\FY1819 Budget Review-OF-thru Aug 19 Summari-d401 Rev Sum Page 63 of 541 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31,2019(92%of Fiscal Year) EXPENDITURES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,958,189 $ 1,580,115 81% $ 1,946,158 $ 1,685,409 87% PUBLIC WATER TREATMENT 6,683,780 5,613,049 84% 6,009,493 4,660,517 78% METER READING&SERVICES 1,324,231 1,093,615 83% 1,284,678 1,070,368 83% WASTEWATER COLLECTION 1,620,043 1,369,510 85% 1,674,357 1,301,327 78% WASTEWATER PUMPING STATNS 2,861,825 2,274,998 79% 2,810,391 2,064,563 73% SEWAGE TREATMENT 4,856,000 3,664,359 75% 4,550,000 3,478,308 76% WATER QUALITY 644,646 495,970 77% 642,397 532,533 83% UTILITY ADMINISTRATION 17,818,261 15,730,745 88% 17,046,237 15,282,207 90% UTILITES ENGINEERING 1,523,222 1,280,000 84% 1,478,276 1,272,568 86% STORMWATER MAINTENANCE 1,255,446 948,880 76% 1,148,994 930,380 81% CUSTOMER RELATIONS 1,175,261 1,045,840 89% 1,226,307 1,089,049 89% DEBT SERVICE 6,987,200 6,874,133 98% 6,726,505 6,165,857 92% Total Expenditures $ 48,708,104 $ 41,971,214 86% $ 46,543,793 $ 39,533,086 85% ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $60,000 Two Year Cumulative Expenditures Comparison and CFY Budget-($in thousands) $50,000 $48,708 n y pyA j $40,000 i $30,000 „ris y � tib• I (" I $20,000 y O s r fib• �' i � � i , Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep =Cumulative 2017-18Actual MISS Cumulative 2018-19 Actual 2018-19 Budget -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:\Finance\Financial Reports\Monthly Financial Reports\FY2018-2019\FY1819 Budget Review-OF-thru Aug 19 Summari-d401 Exp Sum Page 64 of 541 6.E. CONSENTAGENDA 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Approve utilizing the Village of Wellington Contract No. 024- 16/DZ with Professional Tennis Court Services for tennis court maintenance under the same scope, specification, terms, conditions, and price per tennis court totaling $78,741.48 annually based on the seventeen (17) above ground tennis courts for a one-year term starting October 1, 2019. EXPLANATION OF REQUEST: I n order to maintain and present attractive tennis court facilities to the public, Recreation and Parks is requesting an agreement for tennis court maintenance for a period of one year, October 1, 2019 through September 30, 2020. The City of Boynton Beach has the same type tennis courts as the Village of Wellington and has the same maintenance requirements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Maintaining the seventeen (17) above ground tennis courts will reduce the costs associated with repairs and enhance the overall image of the tennis court facilities. FISCAL IMPACT: Budgeted The $78,741.48 annual expense has been included in Contractual Services Account No. 001-2710-572-4917. ALTERNATIVES: Not maintaining the seventeen (17) above ground tennis courts will result in a gradual deterioration of the tennis court facilities. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 65 of 541 ATTACHMENTS: Type Description Resolution approving utiliting Village of Wellington D Resolution for Tennis Court Maintenance D Agreement Agreement with K & B for tennis court maintenance D Addendum Wellington -Prof Tennis Court ServicesPiggyback Contract Confirmation 8-1-19 D Addendum Notice of Award - Prof Tennis Court Services 101216 D Addendum Agreement- ProTennisCourtServices 101116 D Addendum Tennis Maintenance RFP Page 66 of 541 I RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 AN AGREEMENT WITH K & B MAINTENANCE SERVICES, LLC., 6 d/b/a PROFESSIONAL TENNIS COURT SERVICES, UTILIZING 7 THE VILLAGE OF WELLINGTON AGREEMENT PURSUANT TO 8 RFP NO. 024-16/DZ IN THE AMOUNT OF $78,741.48 ANNUALLY; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Recreation and Parks Department is requesting to enter into an 13 Agreement with K&B Maintenance Services, LLC., d/b/a Professional Tennis Court Services 14 in order to maintain and present attractive tennis court facilities to the public; and 15 WHEREAS, maintaining the seventeen (17) above ground tennis courts will reduce 16 the costs associated with repairs and enhance the overall image of the tennis court facilities; 17 and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon the 19 recommendation of staff, deems it in the best interest of the citizens and residents of the City 20 of Boynton Beach to approve and authorize the City Manager to sign an Agreement with K & 21 B Maintenance Services, LLC d/b/a Professional Tennis Court Services for tennis court 22 maintenance utilizing Village of Wellington Agreement based on RFP 024-16/DZ in an annual 23 amount of$78,741.48. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 27 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 28 Section 2. The City Commission of the City of Boynton Beach hereby approves 29 and authorizes the City Manager to sign an Agreement with K & B Maintenance Services, C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\D9543C97-0891-43RD-BDF7-B019EFDB9134\Boynton Beach.18400.1.Piggy-back_-_(Wellington_) tennis_court maintenance_-_Reso.docx Page 67 of 541 30 LLC d/b/a Professional Tennis Court Services for tennis court maintenance utilizing Village 31 of Wellington Agreement based on RFP 024-16/DZ in an annual amount of$78,741.48, a copy 32 of which is attached hereto as Exhibit"A" 33 Section 3. That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this day of , 2019. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor—Justin Katz 42 43 Commissioner—Mack McCray 44 45 Commissioner—Christina L. Romelus 46 47 Commissioner—Ty Penserga 48 49 VOTE 5o ATTEST: 51 52 53 54 Crystal Gibson, MMC 55 City Clerk 56 57 58 (Corporate Seal) 59 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\D9543C97-0891-43RD-BDF7-B019EFDB9134\Boynton Beach.18400.1.Piggy-back_-_(Wellington_) tennis_court maintenance_-_Reso.docx Page 68 of 541 AGREEMENT FOR TENNIS COURT MAINTENANCE SERVICES This Agreement is made as of this day of , 2019 by and between K & B MAINTENANCE SERVICES, LLC, d/b/a PROFESSIONAL TENNIS COURT SERVICES, a Florida Limited Liability Corporation with a principal address of 17183 60th Lane, Loxahatchee, FL 33470 ("K & B MAINTENANCE SERVICES, LLC D/B/A PROFESSIONAL TENNIS COURT SERVICES"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the"City"). RECITALS WHEREAS, in order to maintain and present attractive tennis court facilities to the public, Recreation and Parks Department is requesting the City enter into an Agreement with K & B MAINTENANCE SERVICES, LLC D/B/A PROFESSIONAL TENNIS COURT SERVICES to perform tennis court maintenance. Maintaining the seventten(17) above ground tennis courts will reduce the costs associated with repairs and enhance the overall image of the tennis court facilities; and WHEREAS, K & B MAINTENANCE SERVICES, LLC D/B/A PROFESSIONAL TENNIS COURT SERVICES, has agreed to allow the City to piggy-back the Village of Wellington Agreement pursuant to RFP No. 024-16/DZ to provide tennis court maintenance services in the amount of$78,741.48 annually based on the seventeen (17) above ground tennis courts for a one year term commencing October 1, 2019; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and K & B MAINTENANCE SERVICES, LLC D/B/A PROFESSIONAL TENNIS COURT SERVICES agree that K&B MAINTENANCE SERVICES, LLC D/B/A PROFESSIONAL TENNIS COURT SERVICES shall provide tennis court maintenance services in the amount of $78,741.48 annually based on the seventeen (17) above ground tennis courts for a one year term commencing October 1, 2019, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to the Village of Wellington shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\EC37D736-77C6-41B2-A7F8-82D86EDAE738\Boynton Beach.183 99.1.Piggyback (Wellington_-_Professional_Tennis CourtServices_Agmt.Docx Page 69 of 541 City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 /Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Section 3. In the event that the Village of Wellington Contract is amended, or terminated, K & B MAINTENANCE SERVICES, LLC D/B/A PROFESSIONAL TENNIS COURT SERVICES shall notify the City within ten (10) days. In the event the Village of Wellington Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Page 2 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\EC37D736-77C6-41B2-A7F8-82D86EDAE738\Boynton Beach.183 99.1.Piggyback (Wellington_-_Professional_Tennis Court Services_Agmt.Docx Page 70 of 541 Section 4. K& B MAINTENANCE SERVICES, LLC D/B/A PROFESSIONAL TENNIS COURT SERVICES agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the Village of Wellington Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney WITNESSES: K& B MAINTENANCE SERVICES, LLC. d/b/a Professional Tennis Court Services BY: Print Name: Title: ATTEST: SECRETARY Page 3 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\EC37D736-77C6-41B2-A7F8-82D86EDAE738\Boynton Beach.183 99.1.Piggyback (Wellington_-_Professional_Tennis Court Services_Agmt.Docx Page 71 of 541 EXHIBIT A AGREEMENT BETWEEN VILLAGE OF WELLINGTON AND K& B MAINTENANCE SERVICES d/b/a PROFESSIONAL TENNIS COURT SERVICES Page 4 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\EC37D736-77C6-41B2-A7F8-82D86EDAE738\Boynton Beach.183 99.1.Piggyback (Wellington_-_Professional_Tennis CourtServices_Agmt.Docx Page 72 of 541 The City of Boynton Beach undo 8 r art? .0 FAxP16611 -6316 R August 1, 2019 The Village of Wellington Contract#024-16113Z—Tennis Court Maintenance Services Agreement between the City of Boynton Beach and Professional Tennis Court Services: CONTRACT T '. OCTOBER 1, 2019—SEPTEMBER E 30, 2020 Yes, I agree to extend the Village of Wellington's contract for Tennis Court Maintenance Services to the City of Boynton Beach under the same terms, conditions, and modified price of$78,741.48 annually based on the Seventeen (17) above ground tennis courts for a one-year term starting on October 1, 2019. No, i do not wish to extend the City of Boynton Beach the same terms, conditions, and pricing for the following reason(s) Professional Tennis Court Services NAME GE COMPANY SIGNATURE NAME GE REPRESENTATIVE TITLE (please print) SCC - (crg DATE (AREA CODE)TELEPHONE NUMBER _ CC) E-MAIL ' Americo's Gateway to the Gulf Stream Page 73 of 541 THE VILLAGE OF ELLINGTON A GREAT HOMTOWN C:ound] Alanager Anne Cerwi ,Mayor Paul Schofield John TMcGovern-Vice Mayor Michael Drahos Councilman Michael I hapoleone,Councilman Tanya Siskind.Councilwoman October 12, 2016 NOTICE OF AWARD Pursuant to Wellington, Notice is provided as follows: Request For Proposal (RFP# 024-16/DZ) dated July 31, 2016 —Tennis Court Maintenance On September 27, 2016, Wellington awarded the referenced contract to: K&B Maintenance Services, LLC dba Professional Tennis Court Services. 12300 Forest Hill Boulevard•Wellington Florida 33414•(561)791-4000 •Fax(561) 791-4045 www.wellingtonfl.gov Page 74 of 541 AGREEMENT FOR TENNIS COURT MAINTENANCE SERVICES THIS AGREEMENT is made this 77� day of 'i/�Dl .e , 2016, by and between the Village of Wellington, a municipal corporation (hereinafter referred to as "WELLINGTON"), whose address is 12300 Forest Hill Boulevard, Wellington, Florida 33414 and K & B Maintenance Services, LLC dba Professional Tennis Court Services whose address is 17183 60th Lane, Loxahatchee, FL 33470, a limited liability company authorized to do business in the State of Florida (hereinafter referred to as 'VENDOR"). WHEREAS, WELLINGTON is in need of a vendor to fulfill its need for Tennis Court Maintenance Services; and WHEREAS, The Village of Wellington, Purchasing Department, through its Request For Proposal process (RFP) to obtain the services of K & B Maintenance Services, LLC dba Professional Tennis Court Services to provide tennis court maintenance services pursuant to RFP # 024-16/DZ.; and WHEREAS, Vendor represents it is capable and prepared to provide such services. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration of which the parties hereto acknowledge, the parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. VENDOR's Proposal. In accordance with the terms and conditions in the Specifications and RFP Documents, the VENDOR shall supply the goods and services as stated in its proposal to WELLINGTON (hereinafter referred to as "Project"). The VENDOR's proposal is attached hereto as Exhibit "A" and is hereby expressly made a part of this Agreement as if fully set forth herein. The goods and services to be provided by the VENDOR shall be commenced subsequent to the execution and approval of this Agreement by WELLINGTON and upon written notice from WELLINGTON to proceed or, if this Agreement is for goods only, upon the issuance of a purchase order by WELLINGTON. 4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the following order of precedence: a. This Agreement b. Exhibit "A" (Vendor Proposal) 5. Compensation to VENDOR. Payments by WELLINGTON to the VENDOR under this Agreement shall not exceed pricing per K & B Maintenance Services, LLC dba Professional Tennis Court Services submittal dated August 29, 2016. All pricing Page 75 of 541 under this Agreement shall be in accordance with the Specifications and Bid Documents and VENDOR's Proposal. The monthly price or $8,193.97 will be in writing and set forth a specific Scope of Services, and shall be approved by the Village Designee for the Village of Wellington. VENDOR shall submit invoices to WELLINGTON for review and approval by WELLINGTON's representative, indicating that goods and services have been provided and rendered in conformity with this Agreement and then will be sent to the Finance Department for payment. 6. Term. This Agreement and the provisions of all services are for a 3 year term with the option to renew for 2 additional one-year terms. This Agreement and any extensions thereof are subject to annual appropriations by WELLINGTON, and this Agreement is subject to fiscal year funding by WELLINGTON. Upon the anniversary date of each renewal period, the awarded vendor may submit a requested price increase per individual unit cost to the Purchasing Division in writing, ninety days prior to the renewal period. Wellington will consider such price increase based on the most recent Consumer Price Index and/or proof of a manufacturer's price increase. If the most recent CPI or market reflects a de- escalation of prices, the awardee(s) will extend such prices. Wellington reserves the right to accept or reject any price increase and may choose to re-bid the contract if it is deemed to be in the best interest of Wellington. The contract may be extended by Wellington, 90 days beyond the contract expiration date, if needed. 7. Insurance. VENDOR shall obtain and maintain during the term of this Agreement all insurance as is required by the Specifications and Proposal Documents within the Wellington ITB #024-16/DZ (Page 8) with the Village of Wellington named as an additional insured. 9. Personnel. VENDOR agrees to supply to WELLINGTON adequate personnel to provide timely completion of all goods and services and support contemplated by this Agreement and pursuant to the Project and the Specifications and Bid Documents. The parties hereto agree that time is of the essence, and VENDOR agrees to pay such liquidated damages as are provided for in the Specifications and Bid Documents, if any. Wellington reserves the right to set-off any contract amounts due Vendor for failure of Vendor to comply with the terms and conditions herein. Should Wellington set-off under this Agreement, it shall not be considered in default under this Agreement. 10. Indemnification. VENDOR agrees to indemnify and hold harmless WELLINGTON, its officers, and employees from any and all liabilities, damages, losses, suits, actions, claims, and/or matters, including costs and reasonable attorney's fees, to the extent caused by the negligence, gross negligence, or intentionally wrongful conduct of VENDOR and any other persons or entities employed or utilized by VENDOR in performance of this Agreement, the Project, 2 Page 76 of 541 employed or utilized by VENDOR in performance of this Agreement, the Project, and the Specifications and Bid Documents. Nothing contained in this provision shall be construed or interpreted as consent by WELLINGTON to be sued nor as a waiver of sovereign immunity beyond the waiver and limits set forth in Section 768.28, Fla. Stat. 11. Compliance with law. In performance of its obligations hereunder, VENDOR agrees to comply with ail applicable laws, rules, regulations, orders, codes, criteria, and standards and directives whether state or federal or local. 12. Taxes. The parties to this Agreement understand that WELLINGTON is a tax- exempt organization; nothing herein, however, shall exempt VENDOR from paying all of its taxes pursuant to this Agreement. 13. Terminatlon. In addition to any other termination provisions found in the Specifications and Bid Documents, (RFP #024-16/DZ) this Agreement may be terminated by VENDOR upon thirty (30) days' prior written notice to WELLINGTON in the event of substantial failure by WELLINGTON to perform in accordance with the terms of this Agreement through no fault of VENDOR. In addition to any other termination provisions found in the Specifications and Bid Documents, (RFP #024- 16/DZ) this Agreement may be terminated by WELLINGTON, with or without cause, upon thirty (30) days' written notice to VENDOR. Unless VENDOR is in breach of this Agreement, VENDOR shall be paid for work, services, materials and products rendered to WELLINGTON'S satisfaction up to the date of termination. After receipt of a termination notice, and except as otherwise directed by WELLINGTON, VENDOR shall stop work on the date specified. VENDOR shall not be entitled to any claim of loss of profits or any other claim for damages from a termination by WELLINGTON. 14. Force Maieure. Neither WELLINGTON nor VENDOR 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 nonperforming party could not avoid. The term "Uncontrollable Forces" shall mean any event that 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 nonperforming party. It includes, but is not limited to, fire, flood, earthquake, storms, lightning, epidemic, war, riots, civil disturbance, sabotage, and governmental actions. Neither party,, shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party 3 Page 77 of 541 15. Applicable law and venue. This Agreement shall be construed in accordance with the laws of the State of Florida. Should any dispute arise from this Agreement, venue shall lie in Palm Beach County, Florida. 16. Construing the Agreement. This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have had legal and business experts review the adequacy of the same. 17. Binding effect. This Agreement is binding upon the parties hereto, their heirs, successors, and assigns. 18. Nondiscrimination. VENDOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, . gender, age, or national origin. 19. Waiver. A waiver by either WELLINGTON or VENDOR 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. Further, a written waiver in part shall not constitute a waiver of any other part of this Agreement. 20. Severability. The invalidity, illegality, unenforceability of any provision of this Agreement, or the occurrence of any event rending any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement, and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. 21. Entire Agreement. WELLINGTON and VENDOR agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters, or other communications between WELLINGTON and VENDOR pertaining to this Agreement, whether written or oral. None of the provisions, terms, and conditions 4 Page 78 of 541 contained in the Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 22. Amendments. This Agreement may not be modified unless such modifications are evidenced in writing, signed by both WELLINGTON and VENDOR. Such modifications shall be in the form of a written amendment executed by both parties. 23. Palm Beach County Inspector General. In accordance with Palm Beach County ordinance number 2011-009, the VENDOR acknowledges that this Contract is subject to investigation and/or audit by the Palm Beach County Inspector General. The VENDOR has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. 24. Public Records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, RACHEL CALLOVI AT 561-791-4000, RCALLOVI(a)-WELLINGTONFL.GOV , 12300 FOREST HILL BLVD. WELLINGTON, FL 33414. 25. Conflict of Interest. This Agreement is subject to any and all applicable conflict of interest provisions found in the policies or Code of Ordinances of Wellington, the Palm Beach County Code of Ethics and Ch. 112, Part III, Florida Statutes. The VENDOR's completed Conflict of Interest Statement shall be attached hereto and incorporated herein as Exhibit "B". During the term of this Agreement and any renewals or extensions thereof, the VENDOR shall continue to disclose to WELLINGTON any possible conflicts of interests. The VENDOR's duty to disclose is of a continuing nature and any conflict of interest shall be immediately brought to the attention of WELLINGTON. 26. Notice. Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As to WELLINGTON: As to VENDOR: Village of Wellington Professional Tennis Court Services 12300 Forest Hill Blvd. 17183 60th Lane Wellington, FL 33414 Loxahatchee, FL 33470 Attn: Purchasing Director Attn: Bradley Simms Notices shall be effective when received at the addresses as specified above. Changes in respective addresses to which such notice is to be directed may be 5 Page 79 of 541 made from time to time by either party by written notice to the other party. Facsimile transmission is acceptable notice effective when received; however, facsimile transmissions received (i.e., printed) after 5 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of VENDOR and WELLINGTON. IN WITNESS WHEREOF, WELLINGTON and VENDOR have executed this Agreement all as of the day and year first above written. ATTEST: VILLAGE OF WELLINGTON, FLORIDA By: �-- ByOnne. Rachel Callovi, Wellington's Clerk Gerwig, maydr APPROVED AS TO FORM AND (SEAL) LEGAL SUFFICIENCY By: L urie Cohen, Attorney for Wellington WITNESS: VENDOR: K & B Maintenance Services, LLC dba Professional Tennis Court Services By: R__ __---. Signature lieY00610- , m s M,�e .RV-y\1y Print Name Prinf Name, Title (CORPORATE SEAL) 6 Page 80 of 541 Exhibit "A" Monday through Sunday Mornings before 8:00am. • Groom 21 Hydro Grid Tennis Courts for morning play using a tow behind brush, tow behind steel brush, or tow behind rake to be determined by the condition of the courts. • Brush Har-Tru off of the court lines. • Check for any high lines and repair as necessary. Inspect/secure wind screens, nets, center straps, lines, tapes/nails and walkways in the area. • Adjust tennis nets to proper heights. • Wipe moisture from all nets, benches, tables, and water fountains on courts. • Clean all benches and chairs in the court area. • Remove all trash from cans in tennis area. • Blow of all canopy pads, sidewalks, and patios around tennis center. • Determine playability of courts and notify tennis office of these conditions. Monday through Friday Afternoons. • Groom 21 Hydro Grid Tennis Courts for play using a tow behind brush, tow behind steel brush, or tow behind rake to be determined by the condition of the courts. • Brush Har-Tru off of the court lines. • Check for any high lines and repair as necessary. • Inspect/secure wind screens, nets, center straps, lines, tapes/nails and walkways in the area. • Adjust tennis nets to proper heights. • Correct any"dead spots", damage to court. • Remove debris, weeds, etc. using a hand lute to maintain the cleanliness of the courts and surroundings. • Add Har-Tru material,with hand lute, as needed to maintain the planarity of the courts. • Remove all trash from cans in tennis area. • Blow of all canopy pads, sidewalks, and patios around tennis center. • Determine playability of courts and notify tennis office of these conditions. • Clean and maintain Tread Blasters. Weekly for more often, if needed) • Clean surface under the nets and around the canopy with a hand lute. • Monitor court irrigation for proper moisture ration and adjust/repair and clean court irrigation filters as necessary. • Treat courts to prevent algae and weed growth. • Remove and dispose of"dead" Har-Tru material. • Repair any"dead"spots, divots, low areas, or surface damage. • Inspect courts for high lines/nails and repair as necessary. • Inspect and remove any weeds, debris, etc. around outside perimeter of Tennis Courts to maintain proper drainage and cleanliness of Tennis Center. • Clean interior and exterior of trash receptacles. • Clean all benches. • Clean and shine water fountains and ice machine. Page 81 of 541 Additional Weekly Tasks: The following tasks will require planned designated court closure for proper repairs/cleaning of court surface. • Spray courts to treat for algae, and scarify court surface with a 24in. powered scarifier to remove algae and hard pan (If needed) • Scarify court surface with hand lute to remove weeds, debris, etc. • Add Hydro Blend Har-Tru Material to court surface to maintain proper depth of Har-Tru surface. Twice per month (or more often, if needed) • Roll courts. Monthly(or more often, if needed) • Remove and dispose of"dead" Har-Tru from courts using hand lute. • Scarify courts with tow behind scarifier and between lines with 24 inch gas powered scarifier. • "Top dress" courts with tow behind spreader, if needed. Annually(Before the start of each season) • Apply up to one ton of Har-Tru material per court. After application, roll courts. • Touch up paint on gate latches and hinges up to 60 ounces of paint. • Sand and paint net posts. i Equipment Requirements: All equipment provided by Professional Tennis Court Services. • Service cart • Brutus roller • All small hand tools, rake, shovel, lute, line sweeper, etc. • PTCS-will supply 21 tons of Har-Tru material each year(1 ton per tennis court per year) additional Har- Tru material as needed for excessive rain, tropical storms, hurricanes, etc. will be supplied at $15.00 a bag (this includes tax and shipping) as needed for courts. (Proposal for extra Har-Tru will be submitted for approval before work is completed) • PTCS will supply up to 21 tennis net center straps and net anchors per year. (A proposal for any additional tennis net center straps or net anchors will be submitted for approval before installed.) • Windscreen ties supplied up to 21,000 ties. • 4,000 ft. (2 rolls) of herring bone tape lines supplied. • 2 11 lb boxes of 3 in. line nails will be supplied. Page 82 of 541 Provisions: r • During inclement weather scheduled services may not be done for the protection of the service technician. (Inclement weather consists of rain, lightening, thunderstorms, heavy winds over 50 miles an hour, tropical storms, hurricanes.) If service is canceled due to inclement weather it will resume on the next scheduled service time. • During and after inclement weather scheduled service may not be done to protect the courts from damage. If courts are wet VENDOR has the authority to determine if service can be completed on the courts to protect from damage. • All Har-Tru will be supplied as needed due to lack of dry storage. • All Tennis Nets, Net Center Straps, Net Anchors, etc. will be supplied as needed due to lack of security. HURRICANE/NAM E D-STORM We are not responsible for any hurricane/named storm preparations before a storm or any damage to the facility and replacement of windscreens, benches, etc. after a storm. Repairs will be assessed and a proposal will be submitted for approval to perform the repairs for damages. Page 83 of 541 In accordance with the terms and conditions stated in the Request for Proposal (RFP) requesting all goods and services for the Tennis Court Maintenance Services,the undersigned proposes the following to the Village of Wellington: Bradley Simms (proposer's legal name) certifies that it is licensed to perform the requested services in the State of Florida and Palm Beach County. Applicable License number(s):U-22133 *Monthly Price: $7,693.97 Proposer agrees to provide the required services stated in the RFP for an amount not to exceed the following sum on an annual basis: $ 92,327.64 Authorized Representative'S Signature Date Bradley Simms Owner Position: Name: Page 84 of 541 I have carefully examined the Request for Proposal, General Information, Specifications and any other documents accompanying or made a part of this Request for Proposal. hereby propose to furnish the goods or services specified in the Request for Proposal. I agree that my proposal will remain firm for a period of up to 180 days in order to allow the Village of Wellington adequate time to evaluate the proposals. I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, under oath,that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or service; no officer, employee or agent of the Village of Wellington or any other proposer is interested in said proposal; and that the undersigned executed this Proposer's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 278.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. MAAacecJ�ee�C1-C,d7���co�'ess►onal leon;5 C'CL.W-4 Serv; cps Name of Business Jy. Sworn to and subscribed before me This Q t)4�% day of _ "�' u%,,v ,20-) tO Signature �Tf �IYY�YYf®rPri�nted Name ,Type 1-113 cam= (Lnn D Notary P lic Mailing Address State of /::,'I D1"0 Lox6nal6xe e ,1'1 33q-70 City, State,Zip Code KAREY SULLIVAN C,0f- MY COMMISSION#FF959N2 ��•,R�: April 03.2020 Telephone Number Email Address EXPIRES ia�ul sHs m,a FkxRES A Y�BM 3.20 (5G\)-I9Q-3955 Facsimile Number i Page 85 of 541 This Proposal/Agreement (whichever is applicable) is subject to the conflict of interest provisions of the policies and Code of Ordinances of WELLINGTON,the Palm Beach County Code of Ethics, and the Florida Statutes.During the term of this Agreement and any renewals or extensions thereof, the VENDOR shall disclose to WELLINGTON any possible conflicts of interests. The VENDOR's duty to disclose is of a continuing nature and any conflict of interest shall be immediately brought to the attention of WELLINGTON. The terms below shall be defined in accordance with the policies and Code of Ordinances of WELLINGTON, the Palm Beach County Code of Ethics,and Ch. 112,Part 11I,Florida Statutes. CHECK ALL THAT APPLY. [X J To the best of our knowledge,the undersigned business has no potential conflict of interest for this Agreement due to any other clients,contracts,or property interests. [ X J To the best of our knowledge, the undersigned business has no employment or other contractual relationship with any WELLINGTON employee,elected official or appointed official. [ X J To the best of our knowledge, the undersigned business has no officer, director, partner or proprietor that is a WELLINGTON purchasing agent, other employee, elected official or appointed official. The term "purchasing agent", "elected official" or"appointed official",as used in this paragraph,shall include the respective individual's spouse or child,as defined in Ch. 112,Part III,Florida Statutes. [ X J To the best of our knowledge, no WELLINGTON employee, elected official or appointed official has a material or ownership interest(5% ownership) in our business. The term"employee", "elected official" and"appointed official",as used in this paragraph,shall include such respective individual's relatives and household members as described and defined in the Palm Beach County Code of Ethics. X J To the best of our knowledge, the undersigned business has no current clients that are presently subject to the jurisdiction of WELLINGTON's Planning,Zoning and Building Department. C��nlerest'The undersigned business, by attachment to this form, submits information which may be a potential conflict of due to any of the above listed reasons orotherwise. NDERSIGNED UNDERSTANDS AND AGREES THAT THE FAILURE TO CHECK T14E APPROPRIATE BLOCKS OR TO ATTACH THE DOCUMENTATION OF ANY POSSIBLE CONFLICTS OF INTEREST MAY RESULT IN ALIFICATION OF YOUR BID/PROPOSAL OR IN THE PAMEDIATE CANCELLATION OF YOUR AGREEMENT, EVER IS APPLICABLE. K&B Maintenance Services,LLC DBA Professional Tennis Court Services COMPANY NAME may\ AUTHORIZED SIGNATURE, 7 NAME(PRINT OR TYPE) Owner TITLE Page 86 of 541 ��..� PROFE-1 OP ID:LYA ACORO� CERTIFICATE OF LIABILITY INSURANCE DA0913012016Y) 09/30/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate Folder in lieu of such endorsement{s). CONTACT PRODUCER Alexandra Simms Abacoa Insurance Group-PBG NAME:PHONE 561-859-1157 MAX,No).561-792-3955 4500 PGA Blvd,Suite 202 A/c No Ext): Palm Beach Gardens,FL 33418 E-MAIL Alex mail.com Ramon Madrigal ADDRESS` ptcs @g INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Essex Insurance Company 39020 INSURED K&B Maintenance Services LLC, INSURER B: dba Professional Tennis Court Services INSURER c 17183 60th Lane North INSURER D: Loxahatchee,FL 33470 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I�jR TYPE OF INSURANCE ADD). UBDR POLICY NUMBER MMIDD EFF MMiDD EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,00 A X COMMERCIAL GENERAL LIABILITY X PREMISES GL-39618-1 03/2312016 03/23/2017 DAMA T Ea RENTS occurrence $ 100,00( CLAIMS-MADE Fx_1 OCCUR MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 1,000,00 POLICY PRO-JE FLOC $ AUTOMOBILE LIABILITY Ee aociden SINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON WNED PROPERTY NT $ r I I $ PER ACCINT UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERSCOMPENSATION WCSLIMITTATUO R AND EMPLOYERS'LIABILITY y I N TORY LIMITS ER ANY PROPRIETORIPARTNER/EXECUTIVE I I E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space 1s required) Certificate Holder is listed as Additional Insured with respects to the General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ATE THEREOF, NOTICE Village of Wellington ACCORDANCE WITH THE POLICY PROVISIONS WILL BE DELIVERED IN c/o Insurance Tracking Service Inc.(ITS) AUTHORIZED REPRESENTATIVE Po Box 20270 Ramon Madrigal Long Beach,CA 90801 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Page 87 of 541 ��..�.� PROFF-1 OP ID: LG .QC>OR►Q•° DATE{MMtDDNYYY) �., CERTIFICATE OF LIABILITY INSURANCE FTE(MMI DNY 016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: KENN NORBERG ARDEN INSURANCE ASSOCIATESPHONE 561-5$241fl1 FaAX No: 5s1-586-$061 525 W.LANTANA RD. A1C No Ext LANTANA, FL 33462-1625 E-MAIL SS:knorberg@ardeninsurance.com KENN NORBERG INSURER(S)AFFORDING COVERAGE WAIC# INSURER A:TECHNOLOGY INSURANCE CO 39071 INSURED PROFFESSIONAL TENNIS COURT SER INSURER B: K&B MAINTENANCE SERVICES LLC INSURER C: 17183 60 LANE N LOXAHATCHEE, FL 33470 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEADDLISUBM POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ CLAIMS-MADE FIOCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑JECT LOC PRODUCTS-COIv1PlOPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS AUTNOOWNED PerraccidenD.AMAGE $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $_ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X I STATUTE I I ER H AND EMPLOYERS'LIABILITY IN A ANY PROPRIETORIPARTNER/EXECUTIVE Y❑ NIA TWC3359493 06/16/2016 06/16/2017 E.L.EACH ACCIDENT $ 100,000 OFFICERJMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF-OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) TENNIS COURT REPAIR SERVICE CERTIFICATE HOLDER CANCELLATION WELL111 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN VILLAGE OF WELLINGTON ACCORDANCE WITH THE POLICY PROVISIONS. C/O INSURANCE TRACKING P.O. BOX 20270 AUTHORIZED REPRESENTATIVE LONG BEACH,FL 90801 —6;;,,f ! +.z," O 1�9((88-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Page 88 of 541 Detail by Entity Name Page 1 of 2 FLORIDA DEPARTMENT OF STATE Divism OF CORPORATIONS Detail by Entity Name Florida Limited Liability Company K& B MAINTENANCE SERVICES LLC Filing Information Document Number L11000002527 FEI/EIN Number 27-4559439 Date Filed 01/06/2011 State FL Status ACTIVE Principal Address 17183 60 LANE N LOXAHATCHEE, FL 33470 Mailing Address 17183 60 LANE N LOXAHATCHEE, FL 33470 Registered Agent Name &Address MICHAEL J MCGOEY CPA INC 639 EAST OCEAN AVENUE STE 101 BOYNTON BEACH, FL 33435 Authorized Person(s) Detail Name &Address Title MGRM SIMMS, BRADLEY 17183 60 LANE N LOXAHATCHEE, FL 33470 Title MGRM SIMMS, KENNETH 9493 MAJESTIC WAY BOYNTON BEACH, FL 33437 Annual Reports Report Year Filed Date Page 89 of 541 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 9/14/2016 Detail by Entity Name Page 2 of 2 2014 04/22/2014 2015 04/27/2015 2016 01129/2016 Document Images 01/29/2016 --ANNUAL REPORT View image in PDF format 04/27/2015 --ANNUAL REPORT View image in PDF format 04/22/2014 --ANNUAL REPORT View image in PDF format 03/19/2013 --ANNUAL REPORT View image in PDF format 04/26/2012--ANNUAL REPORT View image in PDF format 01/06/2011 -- Florida Limited Liability View image in PDF format Coovriaht©and Privacy Policies State of Florida,Department of State Page 90 of 541 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 9/14/2016 www.sunUmorg-Department of State Page 1 of 1 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return to List Fictitious Name Search Filing History Submit Fictitious a Detail Fictitious Name PROFESSIONAL TENNIS COURT SERVICES Filing Information Registration Number 611000006908 Status ACTIVE Filed Date 01/15/2011 Expiration Date 12/31/2021 Current Owners 1 County MULTIPLE Total Pages 2 Events Filed 1 FEI/EIN Number 20-5165104 Mailing Address 17183 60TH LANE N LOXAHATCHEE, FL 33470 Owner Information K& B MAINTENANCE SERVICES LLC 17183 60TH LANE N LOXAHATCHEE, FL 33470 FEI/EIN Number: 27-4559439 Document Number: L11000002527 Document Images 01/15/2011 -- Fictitious Name Filing View image in PDF format 06/11/2016-- Fictitious Name Renewal Filing View image in PDF format Previous on List Next on List Return to i isf Fictitious Name Search Filing History Submit _c^catt us i Dortjr-ert Searches i Fkinn Services Forms { Heir l Com/riohC )and Privrcv Po!i�,-ies State of of State Page 91 of 541 http://sunt iz.org/scripts/ficidet.exe?action=DETREG&docnum=611000006908&rdoenum=611000006908 August 29,2016 /E L" L' INGTON HE VILLAGE OF REQUEST FOR PROPOSALS RFP# 024-16/DZ Tennis Court Maintenance Services 12300 Forest Hill Boulevard Wellington, FL 33414 PURCHASING DIVISION 561-791-4107 FAX 561-904-5817 1 Page 92 of 541 THE VILLAGE O L LINGTON LEGAL NOTICE REQUEST FOR PROPOSALS (RFP# 024-16/DZ) Wellington Council is accepting sealed proposals from qualified firms to provide Tennis Court Maintenance Services at the Village of Wellington's Tennis Complex. PROPOSAL SUBMISSION Proposals, one original, five copies and one electronic copy (CD or flashdrive) will be received by sealed envelope in the Wellington City Hall Clerk's Office, 12300 Forest Hill Boulevard, Wellington, Florida 33414 on or before August 31, 2016 at 10:00am Local Time at which time they will be opened and read. Proposals received after this time will not be considered and no time extensions will be permitted. Receipt of a response by any Wellington office, receptionist or personnel other than the Clerk's Office does not constitute "receipt" as required by this solicitation. Please clearly mark proposals: Tennis Court Maintenance Services—RFP#024-16/DZ Copies of this Proposal Document may be obtained via Onvia at www.demandstar.com or by visiting our website, http://wellin tg onfl.gov or by contacting Danielle Zembrzuski in the Purchasing Department at (561) 791-4107, dzembrzuski(a�wellin tg onfl.gov beginning on July 31,2016. OPTIONAL PRE-PROPOSAL MEETING: An Optional Pre-Proposal Meeting will be held on August 15, 2016 at 1:30 pm Local Time at the Wellington Tennis Complex located at 3100 Lyons Road, Wellington, Florida 33414. EVALUATION COMMITTEE: An Evaluation Committee meeting will be held at a date and time to be determined at the Wellington City Hall building located at 12300 Forest Hill Boulevard,Wellington, FL 33414. FOR INFORMATION For information on this Request for Proposal, contact Danielle Zembrzuski in the Purchasing Division, (561)791-4107. ACCEPTANCE AND REJECTIONS When it is in its best interest, Wellington reserves the right to reject any or all proposals with or without cause; to cancel the RFP and re-solicit the services; to waive any or all irregularities with regard to the specifications; and to make the award to the firm offering the greatest advantage to the Wellington. 2 Page 93 of 541 TENNIS COURT MAINTENANCE SERVICES TABLE OF CONTENTS TIMELINE................................................................................................. Page 4 GENERAL TERMS AND CONDITIONS ............................................................ Pages 5-11 SELECTION CRITERIA .............................................................................. Pages 11 QUALIFICATIONS AND EXPERIENCE ............................................................. Page 12 TECHNICAL APPROACH AND METHODOLOGY ............................................... Page 12 FEES TO PERFORM SERVICES ....................................................................... Page 12 INSTRUCTIONS FOR SUBMITTING................................................................. Page 13 SUBMITTAL ORGANIZATION....................................................................... Page 13 SCOPE OF SERVICES .................................................................................. Pages 14-16 CHECKLIST .............................................................................................. Page 17 FORMS .................................................................................................... Pages 18-32 3 Page 94 of 541 TENNIS COURT MAINTENANCE SERVICES TIMELINE 1. TIMELINE: The Event Timeline below gives the date and time (where applicable) for major activities in the solicitation. EVENT TIME DUE DATE LOCATION Request for proposals (RFP) Advertised N/A July 31, 2016 Palm Beach Post; Demandstar.com; Pre-Proposal Meeting (Optional) 1:30pm Local Tim August 15, 2016 3100 Lyons Road. Wellington, FL 33414 Local Time 1 original& 5 Number of Proposal Copies Including Copies and 1 Original electronic (pdf) N/A Delivered to Wellington Clerks Office copy(CD or flashdrive) Questions from Proposers to Warrant 06:00 p.m. local August 22, 2016 Demandstar.com for final Response/Addendum time Response/Addendum 10:00 am Local Wellington Clerk's Office 12300 Forest Bids Received By—(Deadline & Opening August 31 2016 Time Hill Blvd, Wellington, FL 33414 Evaluation Committee Meeting TBD TBD Wellington City Hall 12300 Forest Hill Blvd, Wellington, FL 33414 Posted Notice of Intended Award Tentative TBD Clerk's Office &Demandstar.com& Wellington Website Contract Award by Village Council Tentative TBD N/A * Dates above are subject to change based on the number of respondents, availability of the members, or other unforeseen circumstances. 4 Page 95 of 541 GENERAL TERMS AND CONDITIONS 1. GENERAL INFORMATION Notice is hereby given that Request for Proposal submittal packages will be received until August 31, 2016 at 10:00 AM Local Time. Mail or deliver all proposals to Clerk's Office, 12300 Forest Hill Blvd., Wellington, Florida 33414. All submittals must be clearly marked on the outside RFP # 024-16/DZ — Tennis Court Maintenance Services. Any proposer desiring to provide the required services should submit one (1) original signed in ink, five (5) copies and ONE (1) ELECTRONIC PDF COPY (CD or flashdrive) of the RFP Submittal Package including all Requests for Proposal documents as required by RFP 4024-16/DZ. Proposals must be completely filled in, signed, sealed, and returned to the Clerk's office on or before the specified time and date. It is the sole responsibility of the Proposer to ensure that his or her Proposal reaches the Clerk's Office on or before the closing date and time. Wellington shall in no way be responsible for delays caused by any other occurrence. Offers by telephone, e-mail or facsimile shall not be accepted. Proposers shall not be allowed to modify their Proposals after the opening time and date. For information concerning this proposal,please contact: Danielle Zembrzuski—Purchasing Department Phone: 561-791-4107 Fax: 561-904-5817 dzembrzuski@wellingtonfl.gov 2. TERM OF CONTRACT The term of the contract shall be for three (3) year from the date of award, and by mutual agreement Wellington and the awardee(s), be renewable for two (2) additional one (1) year periods. Wellington reserves the right to exercise the option to renew annually(subject to the appropriate funds),not to exceed a maximum of five (5)years. Annual renewals will be based upon mutual agreement between Wellington and the vendor, and by incorporating the same terms and conditions. Renewals will be by written notice from Wellington, and acceptance by the awarded vendor(s). The written notice will be generally provided about 90 days prior to the expiration date of the contract. The pricing submitted for the initial period of the contract will remain fixed. There will be no allowable price escalations for services, materials or fuel costs throughout the initial term of the contract. Upon the anniversary date of each renewal period, the awarded vendor may submit a requested price increase per individual unit cost to the Purchasing Division in writing, ninety days prior to the renewal period. Wellington will consider such price increase based on the most recent Consumer Price Index and/or proof of a manufacturer's price increase. If the most recent CPI or market reflects a de-escalation of prices, the awardee(s)will extend such prices. Wellington reserves the right to accept or reject any price increase and may choose to re-bid the contract if it is deemed to be in the best interest of Wellington. The contract may be extended by Wellington, 90 days beyond the contract expiration date,if needed. The awarded proposer shall be in default of any conditional award if any of the required documents are not submitted in a timely manner and in the form required by Wellington. If the proposer is in default, Wellington, through its designated Purchasing Agent, will void its acceptance of the proposer's offer and may determine to select the next most responsive, responsible proposer or re-solicit RFPs. Wellington, at its sole option, may seek monetary restitution from the defaulting proposer because of damages or excess costs sustained and/or may prohibit the proposer from submitting future bids/proposals for a period of one year. 5 Page 96 of 541 Wellington shall not be responsible for any costs incurred by the proposer in preparation of a proposal and/or the pursuit of an award or the costs incurred by a proposer in protest of a Notice of Intent to Award a contract or Award of Contract made by Wellington. 3. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION(OSHA): The successful proposer warrants that the services provided to Wellington shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the successful proposer responsible for same. 4. LIABILITY,INSURANCE,LICENSES,PERMITS: Where the successful proposer is required to enter or go onto Wellington property to deliver goods, materials, or perform work or services as a result of an RFP award, the successful proposer will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and insurance and assure all work complies with all Federal, State, Local, Palm Beach County and Wellington ordinances, orders, codes, laws, rules, regulations, directives, and guidelines. The successful proposer shall be liable for any damages or loss to Wellington occasioned by negligence of the successful proposer (or agent) or any person the successful proposer has designated in the completion of the contract as a result of the proposal of this RFP. 5. CERTIFICATE OF INSURANCE: The successful proposer(s) will submit to the Village current certificate(s) of insurance in the amount specified in Section 11 of the RFP. 6. DEFAULT/FAILURE TO PERFORM: Wellington shall be the sole judge of nonperformance, which shall include any failure on the part of the successful proposer to accept the award, to furnish required documents, and/or to fulfill any portion of the contract within the time stipulated. Upon default by the successful Proposer to meet any terms of this Request for Proposal submittal, related agreement, and work authorization(s) Wellington will notify the successful proposer (3) days (Fridays, Saturdays, Sundays and Holidays excluded) to remedy the default. Failure on the successful proposer's part to correct the default within the required three (3) days shall result in the contract being terminated and upon Wellington notifying in writing the successful proposer of its intentions and the effective date of the termination. The following shall constitute default: • Failure to perform the work required under the contract and/or within the time required or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree specified in the contract. • Failure to begin the work under this contract within the time specified. • Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely completion. • Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the contract. • Becoming insolvent, being declared bankrupt, or committing act of bankruptcy or insolvency, or making an assignment renders the successful proposer incapable of performing the work in accordance with and as required by the contract. 6 Page 97 of 541 • Failure to comply with any of the terms of the contract in any material respect. • Failure to pay subcontractors or others pursuant to work done under this contract. In the event of default of a contract, the successful proposer shall pay the entire Wellington's attorney's fees and court costs incurred in collecting any damages. The successful proposer shall pay Wellington for any and all costs incurred in ensuring the completion of the project, subject however to the terms and conditions herein. To the extent of a conflict with this provision and the contract the successful proposer enters into the terms and conditions of the contract shall control. 7. CANCELLATION: Wellington reserves the right to cancel the contract by written notice to the successful proposer effective the date specified in the notice, and the following will apply: • The successful proposer is determined by Wellington to be in breach of any of the terms and conditions of the contract and/or to have failed to perform his/her services in a manner satisfactory to Wellington. In the event the successful proposer is found to be in default, the successful proposer will be paid for all labor and materials provided to the satisfaction of Wellington as of the termination date.No consideration will be given for anticipated loss of revenue or the canceled portions of the contract. The successful proposer waives any claims to the same. • Wellington has determined that such cancellation will be in the best interest of Wellington to cancel the contract for its own convenience. • Funds are not available to cover the cost of the services. Wellington's obligation is contingent upon the availability of appropriate funds. 8. BILLING INSTRUCTIONS-AWARDED FIRM: Invoices, unless otherwise indicated by Wellington's Finance Department must show purchase order numbers and shall be submitted to Accounts Payable, 12300 Forest Hill Boulevard, Wellington, FL 33414. Payment shall be made in accordance with the Florida Prompt Payment Act, as amended from time to time. All invoices for fees or other compensation shall be submitted in sufficient detail to demonstrate compliance with the terms of the contract. 9. APPLICABLE LAW AND VENUE: The law of the State of Florida shall govern the contract between Wellington and the successful proposer, and any action shall be brought in Palm Beach County, Florida. In the event of litigation to settle issues arising hereunder, the prevailing parry in such litigation shall be entitled to recover against the other party its costs and expenses, including reasonable attorney's fees, which shall include any fees and costs attributable to appellate proceedings arising on and of such litigation. 10. LEGAL REQUIREMENTS: Federal, State, County, local and Wellington laws, ordinances, orders, rules, regulations, guidelines, and directives that in any manner affect the items covered herein apply. Lack of knowledge by the successful proposer will in no way be a cause for relief from responsibility. 11. INSURANCE: The Contractor will deliver to Insurance Tracking Services, Inc. (ITS), Village of Wellington authorized insurance consultant, a certificate of insurance with respect to each required policy to be provided by the Contractor. The required 7 Page 98 of 541 certificates must be signed by the authorized representative of the Insurance Company shown on the certificate. Submit certificates of insurance to: Certificate Holder Address: (Certificates need to include the following as the Certificate Holder) Village of Wellington c/o Insurance Tracking Services, Inc. (ITS) P.O. Box 20270 Long Beach, CA 90801 Email: VOWkinstracking com or Facsimile: +1 (562) 435-2999 Cancellation and/or Modification of Insurance Coverage Each insurance policy supplied by the Contractor must be endorsed to provide that the coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after ten (10) days written notice in the case of non-payment of premiums, or thirty (30) days written notice in all other cases, has been given to Village of Wellington and such notice is by postal mail, return receipt requested. This notice requirement does not waive the insurance requirements contained herein. Renewal Policies The Contractor shall promptly deliver to ITS a certificate of insurance with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the terms specified herein. Such certificate shall be delivered to ITS not less than five (5)business days before to the expiration date of any policy. During the term of the contract, the successful proposer shall procure and maintain liability and Malpractice coverage and provide a copy of the declarations page from current policies for each of the following types and amounts of insurance: a) Workers' Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than Five Hundred Thousand Dollars ($500,000) for each accident,not less than Five Hundred Thousand Dollars ($500,000)for each disease, and not less than Five Hundred Thousand Dollars ($500,000) aggregate. b) General Liability Insurance with each occurrence limits of not less than One Million Dollars ($1,000,000), personal injury and advertising injury liability of not less than One Million Dollars (S 1,000,000) and general aggregate of not less than One Million Dollars (S 1,000,000).. c) Hired and Non-Hired Vehicles with limits of not less than One Million Dollars ($1,000,000)per claim. The firm must agree to the terms and conditions and if awarded the contract will agree to provide evidence of required limits on a Certificate of Insurance. 12. RECORDS AND AUDITS: Successful proposer shall maintain, during the term of the contract, all books of account, receipt invoices, reports, and records in accordance with generally accepted accounting practices and standards (GAAP). The successful proposer shall maintain and make available such records and files for the duration of the contract and retain them beyond the last day of the contract term for the period of three (3)years. 13. DUTY TO UPDATE RECORDS: 8 Page 99 of 541 It shall be the responsibility of any firm contracted by Wellington for any Type(s) of Work to notify Wellington promptly of any substantive amendment to the information provided in this Request for Proposal package submittal, as well as to update that information on an annual basis. 14. DISPUTES: A prospective bidder,proposer or offeror may submit a protest in writing to the Purchasing Manager challenging the terms, conditions, or specifications of a competitive solicitation, including any provision governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract. The foregoing notwithstanding, a protest may not challenge the relative weight of the evaluation criteria or the formula specified for assigning points therefore contained in the competitive solicitation. The protest must be filed within three (3) days (excluding Fridays, Saturdays, Sundays and legal holidays) after the public posting or advertising of the competitive solicitation. Failure to file a protest as to the terms, conditions, or specifications of a competitive solicitation shall be deemed a waiver of the right to protest on those grounds. Prior to the award of any contract, bidders, proposer(s) or offeror(s), may submit a protest in writing to the Purchasing Manager. The protest must be filed within (3) days (excluding Fridays, Saturdays, Sundays and legal holidays) after the posting of the Notice of Intended Award for public viewing at Wellington's Clerk's Office. All bidders,proposers, offerors or contractors affected by the intended award of contract will also be notified by the Purchasing Manager, via Demandstar.com or other means, of the intended award posting. Notwithstanding the above, it is the responsibility of all bidders,proposers, offerors or contractors affected by the proposed award to review the public posting of the intended award, and the deadlines to protest set forth herein shall not be enlarged based upon a claim of lack of knowledge thereof. Additionally, in order to maintain a protest, a protestor must have standing pursuant to established Florida case law. Protests filed by a person or entity that does not have standing may be summarily denied without further action or decision. In order to defray a portion of the administrative costs associated with a protest, all protests shall be accompanied by a filing fee in the form of a cashier's check or money order for an amount equal to one percent (1%) of the total estimated contract value, but not less than $1,000 nor more than $10,000. Failure to pay the filing fee shall result in a denial of the protest. In the event that a protest is upheld, the filing fee shall be refunded to the protestor. For specific procedures on how to file a formal protest,refer to Chapter 9,Village of Wellington Purchasing Manual. 15. LEGAL REQUIREMENTS: Federal, State, County and Wellington laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. 16. PUBLIC ENTITY CRIMES: As provided in Section 287.133(2) (a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided S.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 17. CONFLICT OF INTEREST AND CODE OF ETHICS: The award is subject to any and all applicable conflict of interest provisions found in the policies or Code of Ordinances of Wellington, the Palm Beach County Code of Ethics and Ch. 112, Part III, Florida Statutes. All Bidders must complete the Conflict of Interest Statement attached . The Bidder's duty to disclose is of a continuing nature and any conflict of 9 Page 100 of 541 interest shall be immediately brought to the attention of WELLINGTON. 18. FLORIDA PUBLIC RECORDS ACT: All material submitted regarding this proposal becomes the property of Wellington. Proposals may be reviewed by any person thirty (30) days after the public opening or after Notice of Intent to Award has been issued whichever occurs first. Proposers should take special note of this as it relates to any proprietary information that might be included in their offer. Any resulting contract may be reviewed by any person after the contract has been executed by Wellington. Wellington has the right to use any or all information/material submitted in response to this bid and/or any resulting contract from same. Disqualification of a bidder does not eliminate this right. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, RACHEL CALLOVI AT 561-791-4000, RCALLOVI __ ELLIGTOFL.GV, 12300 FOREST HILL BLVD. WELLINGTON, FL 33414. 19. TIED PROPOSALS: If, after application of the Local Preference, or in instances where the Local Preference does not apply, two or more bidders or proposers are tied, the following criteria will be used to break the tie: a. Delivery time—time for performance,if provided in the bid or proposal. b. Certification of a "Drug-Free Workplace Program" which meets the criteria established in F.S., Section 287.087. If application of the above criteria does not resolve the tie, the award will be given to the bidder or proposer whose bid was received earliest by Wellington, and as indicated by the time clock stamp impressed upon the bid or proposal. 20. INDEMNIFICATION: Regardless of the coverage provided by any insurance, the successful bidder/proposer shall indemnify, save harmless and defend Wellington,its agents, servants, or employees from and against any and all claims, liability, losses and/or causes of action which may arise from any negligent act or omission of the successful bidder/proposer, its subcontractors, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these bid documents and/or resultant contract. 21. LOBBYING/CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Wellington imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation from the time of advertisement and shall remain in effect until Council awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect,no proposer or its agent shall directly or indirectly communicate with any member of Council or their staff, the Manager, any employee of Wellington authorized to act on behalf of Wellington in relation to the award of a particular contract, or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Agent or designee (Chapter 9, Village of Wellington Purchasing Manual and Section 2-355 of the Palm Beach County Code of Ordinances. Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the Council, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the 10 Page 101 of 541 protest and any employee, or any written correspondence with Wellington as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in this Manual. 22. INQUIRIES/REQUEST FOR CLARIFICATION: All questions about the meaning or intent of the RFP Documents must be directed, in writing, to Danielle Zembrzuski, Wellington Purchasing Department, as provided in the advertisement/Request for Proposal. Questions received after August 22, 2016 at 6:00 PM Local Time may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All inquiries, addendums and request for clarifications will be posted on www.demandstar.com. Demandstar will automatically notify all plan holders of any inquiries, addendums and request for clarifications once posted by Wellington. 23. LOCAL PREFERENCE POLICY: The Evaluation Committee will take into consideration when making their recommendation the proposer's business location and award additional points to local businesses in accordance with the Wellington's Local Preference Policy found in Chapter 9 of Wellington's Purchasing and Procurement Manual, as amended from time to time. This Preference includes: (A) Western Communities local business with permanent location and headquarters zoned within the boundaries west of the Florida Turnpike, north of Lantana Road, south of Okeechobee Boulevard and U.S. Highway 98, east of Palm Beach County western boundary; (B) Palm Beach County local business with principal permanent location and corporate headquarters within Palm Beach County, Florida. 24. PALM BEACH COUNTY OFFICE OF INSPECTOR GENERAL: In accordance with Palm Beach County ordinance number 2011-009, the offeror understands that any Contract that results from this RFP may be subject to investigation and/or audit by the Palm Beach County Inspector General. The offeror has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. 25. EVALUATION OF WRITTEN PROPOSALS: Following the opening of the proposal packages, the proposals will be evaluated by an Evaluation/Selection Committee. Scoring proposals are based on a point total and not a percentage. Awards shall be made to firms who are the most responsive and responsible and whose proposals are determined to be the most advantageous to Wellington.Proposals will be evaluated based on the criteria listed below: Criteria Points 1. Qualifications and Experience of the Firm 35 2. Technical Approach and Methodology 30 3. Fees to Perform Services 35 Total 100 Each Selection Committee member will convert the Maximum Available Point score (cardinal number) for each proposer into an ordinal number designating the ranking (as first, second, or third of each proposer). For example: Cardinal Number Ordinal Number 100 1 95 2 92 3 91 4 86 5 11 Page 102 of 541 The ordinal scores from each Selection Committee member for each proposer, will be added together to calculate a total ordinal score. The proposer with the lowest total ordinal score will be ranked highest for award preference. The proposer with the second lowest total ordinal score will be ranked second highest for award preference, and so on, until all proposers are ranked. The Selection Committee shall rank and recommend in order of preference firms deemed to be the most responsible and responsive and whose proposals are the most advantageous to Wellington after consideration of the written proposal criteria described above. 26. EVALUATION CRITERIA: The evaluation criteria define the factors that will be used by the selection committee to evaluate and score responsible, responsive and qualified proposals. Prospective contractors shall include sufficient information to allow the selection committee to thoroughly evaluate and score their proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified contractor whose proposal has been determined to be the most advantageous to Wellington per the evaluation criteria listed below. A) Qualifications and Experience(Max 35 Points) (Maximum 10 Pages Front and Back- 8 V2"x 11): At a minimum, the firm shall document or provide the following: • Company Background, including number of years the company has been in existence; the number of years the company has been involved in tennis court maintenance services; principals of the company and firm's team members. • Firm's experience,history and expertise in tennis court maintenance services. • Firm must provide evidence of tennis court maintenance services for 16 subsurface watering HarTru courts with in the last three (3)years • Supervisory personnel used to oversee the required maintenance shall have a minimum of three (3) years of experience in maintaining subsurface watering HarTru tennis court. • Provide a maximum of four similar references (form attached) during the past three (3)years where consultant has provided tennis court maintenance services. B) Technical Approach and Methodology(Max 30 Points) (Maximum 10 Pages Front and Back- 8 V2"x 11): • The proposer shall clearly provide the approach that will be used in providing the services described in Section 28 "Scope of Services" • The proposer shall provide a list of equipment that is available to perform the services included within the Scope of Services. Proposer shall provide and store equipment on- site (carts, rollers, material, etc) • The proposer shall identify all subcontractors, if any, the proposer plans to utilize in the provision of all services under this RFP. C) Fees to Perform Services for Wellington (Max 35 Points) • The proposer shall complete Pricing Form included as part of the RFP. Upon completion of the technical criteria evaluation, the selection committee shall rank and recommend in order of preference firms deemed to be the most responsible and responsive and whose proposals are determined to be the most advantageous to Wellington based upon the criteria set forth above. If Wellington is unable to negotiate a contract with 12 Page 103 of 541 the highest ranked firm,negotiations will begin with the next highest ranked firm and so on until a contract is successfully negotiated. The selection committee may choose to conduct interview/presentation sessions with short listed firms. In the event that interviews /presentations are required the scores/rankings from the written proposal process shall not be included in the final ranking for award preference. Only the scores from the oral interviews/presentation rankings shall be used. Upon completion of the oral interviews, the selection committee will re-evaluate, re-rate and re-rank the proposals remaining in consideration based upon the same criteria used to short list such firms. Rather than short listing firms, the selection committee reserves the right to by-pass the technical criteria evaluation portion of the RFP and conduct interviews/presentations with all responsive, responsible proposers. Upon completion of the interviews/presentations the selection committee shall score and rank all responsive, responsible proposers to determine which proposal is the most advantageous to Wellington. 27. INSTRUCTIONS FOR SUBMITTING: Firms shall submit one (1) original and five (5) copies and one (1) PDF electronic copies of the RFP submittal in a sealed envelope plainly marked: "Attention: Purchasing Office, RFP# 024-16/DZ- Tennis Court Maintenance Services". The original submittal shall be organized into tabs listed herein and shall be provided in one three ring binder as described in the submittal organization on page 13 of the RFP. Electronic copy(CD) of the original shall be provided along with the original binder. The original submittal and each CD shall have the firm's name, RFP number and title and date clearly displayed on the cover/label. The proposal must name all persons or entities interested in the proposal as principals. In each proposal by a firm, there shall be stated the name and address of every person having an interest in the proposal; and in the case of a corporation, the names and addresses of its officers. Proposals shall be signed by the person or member of the firm making the proposal, and in the case of a corporation, by an authorized officer or agent subscribing the name of the Corporation and his or her own name. The proposal must declare that it is made without collusion with any other person or entity submitting proposal pursuant to this RFP. Neither the Village of Wellington nor its representatives shall be liable for any expenses incurred in connection with the preparation, submission or presentation of a response to this RFP. Submittal Oreanization Firm(s) shall prepare their proposals using the following format: One (1) original and five copies and(1)PDF Electronic Copy (CD) Cover Letter Table of Contents Tab #1—Proposal Checklist and Submittal Form Tab #2—Wellington Local Preference Application Tab #3—Evidence of Insurance Certification Tab #4—Current License(s);PBC Contractors Certificate of Competency Tab #5—Qualifications and Experience including references as described in Section 26 (a) of this RFP (Maximum 10 Pages front and Back 8 /z"x 11) 13 Page 104 of 541 Tab #6—Technical Approach and Methodology as described in Section 26 (b) of this RFP(Maximum 10 Pages front and Back 8 Y2"x 11) Tab #7—Fees to Perform Services for Wellington as described in Section 26 (c) of this RFP Tab #8—Proposer's Certification Form Tab #9—Conflict of Interest Statement Tab #10—Questionnaire Tab# 11 —Drug Free Workplace form Tab#12—Non-Collusion Affidavit Tab #11 —Acknowledgement of Addendums 28. SCOPE OF SERVCICES/SPECIFICATIONS: The following are the general specifications covering the maintenance of the 21 subsurface watering HarTru tennis courts at the Village of Wellington's Tennis Complex. The work outlined herein shall include, but not be limited to, the maintenance tasks and opening procedures listed below. Contractor agrees to furnish all supervision, labor and equipment as necessary to properly maintain the facility and complete work specified herein. Supervisory personnel used to oversee the required maintenance shall have a minimum of three (3)years of experience in subsurface watering HarTru tennis court maintenance. Contractor shall implement court maintenance based on industry standards as recommended by HarTru Inc. No activity shall be carried out in a manner that will disrupt, inconvenience or endanger any tennis participant or spectator. Failure to follow mandated safety practices or guidelines listed herein may result in termination for cause, at the Village's discretion. The Contractor shall be responsible for restoration of any damages that occur as a result of its operations, including, but not limited to, damage to court surfaces, court irrigation system, damage to any facility equipment or furnishings, improper equipment operation, pavement or paver damage from loading or unloading, fuel spills, and insufficient or improper procedures. At the end of each maintenance day, all walks, drives, road surfaces, and open space areas will be free of any loose materials, trash, and debris. All personnel shall be required to wear proper attire. All personnel shall present a good appearance and maintain a professional code of conduct. Storage or provision for storage shall be made on site for maintenance equipment or materials. All work specified herein, unless explicitly excluded, shall be part of the total amount of the proposal. 14 Page 105 of 541 COURT and FACILITY MAINTENANCE Full maintenance responsibilities are required each day that the tennis complex is open. Court Maintenance will be conducted in a manner conducive to the tennis complex's programming schedule. Flexibility of maintenance staff is required due to weather conditions and/or matches extending beyond the scheduled times. Schedule will be determined by the Village of Wellington's Tennis Manager or his designee. DAILY: Mornings: Prepare 21 courts for 8 a.m. play. • Brush court surface with soft bristled broom or steel bristled broom or use steel rake as court conditions mandate. • Brush lines pushing clay through at the net. • Check and repair any dangerous/high lines. • Wipe moisture from the tops of the nets. • Dry all on court benches and water fountains. • Use leaf blower to remove material from court aprons, sidewalks, building patios (2), and covered pavilion area by ice machine. Afternoons: Court Grooming—will include but is not limited to the following: • Brush court surface with soft bristled broom or steel bristled broom or use steel rake as court conditions mandate. Alternate direction of brushing on a daily basis. • Check and repair any dangerous/high lines. • Check and retie windscreens as needed • Inspect and repair any surface damage, divots, etc. • Lute corners and perimeter. • Lute under net. • Lute corners and perimeter. • Lute under net. • Lute/rake around water fountains and trash receptacles. • Brush lines pushing clay through at the net. • Remove all court weeds. • Report court conditions to tennis staff each visit. Facility Court Maintenance—will include but is not limited to the following: • Look for, collect, and dispose of any debris and garbage on the tennis property. • Empty all garbage receptacles on and off court as needed. • Garbage and trash will be taken to the dumpster. • Report any problems (faulty equipment, broken furniture, etc.). *Building Maintenance to be provided by Wellington 15 Page 106 of 541 WEEKLY: A thorough court inspection will be completed by Village personnel with Maintenance Supervisory staff. The following items will be completed based on the results of the inspection: • Remove dead material. • Inspect and repair any surface damage. • Repair divots (lute & redress). • Repair low areas. • Thoroughly inspect all lines. Repair/replace nails as needed, making all lines safe for play. • Heavily scarify with lute entire perimeter, area near and around water fountains, and area below on court benches to remove algae, hard panning, weeds, etc. • Add hydro blend as needed to maintain 1 inch of green rock. • Roll courts following the recommendation of the aforementioned industry standards to attain proper compaction and to keep nails and lines safe. • Irrigation will be observed and problems/issues reported to the Tennis Manager.. The Village of Wellington currently utilizes a sub-surface watering system. • Perimeter curbing: 1. Inspect obstructions along court perimeter that may affect surface drainage. 2. Remove build-up of surface material from top of curbing. 3. Inspect and report necessary curbing repairs. ADDITIONAL WEEKLY TASKS: • Clean top of nets to remove mold/mildew. • Check nets and set center strap to achieve correct net heights. • Clean exterior and interior of all facility trash receptacles. • Wash and clean benches. • Shine all water fountains. • Shine ice machine. Additional Items: • Maintain the tread blasters. • Replacement and maintenance of irrigation equipment is the responsibility of the Village. • Contractor shall purchase and store HarTru material for maintenance of the courts. • Contractor shall provide all equipment needed to perform the services specified herein. • Contractor shall store equipment on-site (carts, rollers, material, etc) 16 Page 107 of 541 PROPOSAL CHECK LIST(TAB# 1) Please check each item and make sure that all required information is included in your Proposal submission. Failure to submit this information may result in your submission being rejected as being a non-responsive and responsible Proposer. YES NO 1. Original and five copies and (1)PDF Electronic copy(CD) YES NO 2. Cover Letter and Table of Contents YES NO 3. Proposal Checklist and Submittal Form YES NO 4. Wellington Local Preference Application YES NO 5. Evidence of Insurance Certification YES NO 6. Current Licenses/Certificates of Authorization etc. YES NO 7. Qualifications and Experience including references (form attached) YES NO 8. Technical Approach and Methodology YES NO 9. Fees to Perform Services YES NO 10. Proposer's Certification YES NO 11. Conflict of Interest Form YES NO 12. Questionnaire YES NO 13. Drug Free Workplace Form YES NO 14.Non-Collusion Affidavit YES NO 15. Acknowledgment of Addendums 17 Page 108 of 541 PROPOSAL SUBMITTAL FORM (TAB #1) To: Wellington 12300 Forest Hill Boulevard Wellington, Florida 33414 agrees to provide (Vendor) to Wellington as defined in this RFP in accordance with the requirements of the Specifications and RFP Documents. The undersigned Proposer has carefully examined the Specifications and Proposal/Contract Documents and is familiar with the nature and extent of the Work and any local conditions that may in any manner affect the Work to be done. The undersigned agrees to provide the service called for by the Specifications and RFP Documents, in the manner prescribed therein and to the standards of quality and performance established by the RFP. The undersigned agrees to the right of Wellington to hold all Proposals for a period not to exceed (180) days after the date of Proposal opening stated in the RFP. The undersigned accepts the payment policies specified in the RFP documents. The undersigned agrees that within fifteen (15) days from the date of acceptance of this Proposal, to execute the agreement and provide the required certificates of insurance. Dated this day of (Month) (Year) I Ilkt By: / (Signature) (Print name) Address: Telephone: Fax: (� Social Security Number or Taxpayer Identification Number: IIIL��7��j f{{� l ft`s� Nil, By: / (Signature) (Print name) 18 Page 109 of 541 Address: Telephone: Fax: (� Taxpayer (EIN)Identification Number: State Under Which Corporation Was Chartered: Corporate President: (Print Name) Corporate Secretary: (Print Name) Corporate Treasurer: (Print Name) CORPORATE SEAL Attest By: Secretary Proposer acknowledges the receipt of Addenda Nos. 19 Page 110 of 541 LOCAL PREFERENCE APPLICATION(TAB#2) APPLICATION TO BE CONSIDERED A LOCAL BUSINESS IN ACCORDANCE WITH WELLINGTON FLORIDA'S LOCAL PREFERENCE POLICY(SECTION 2.12.F OF WELLINGTON'S PURCHASING AND PROCUREMENT MANUAL) Wellington gives preference to local businesses in certain purchasing situations as set forth in Chapter 9 of Wellington's Purchasing and Procurement Manual. In order to be considered a local business, entitled to be given preference, the business must make application with Wellington and meet one of the following criteria as such is more fully set forth in Chapter 9 of Wellington's Purchasing and Procurement Manual: 2.12.F (2)Definition of Local Businesses Western Communities Local Business -For the purpose of determining a"Western Communities local business" a vendor must have a principal permanent business location and headquarters within the Village of Wellington, Florida or west of the Florida Turnpike to the Palm Beach County western boundary line as depicted in Exhibit "A" hereto. This applies to all entity formations, including, but not limited to, limited liability companies, partnerships, limited partnerships and the like or sole proprietors. Further, the entity or sole proprietor must provide that it, he or she has been domiciled and headquartered in the jurisdictional boundaries of the Western Communities for at least six months prior to the solicitation. Post Office boxes will not be considered a permanent business location within the Western Communities. Home business offices shall be considered as a business location if it otherwise meets the requirements herein. In order to be eligible for such local preference the vendor shall have a local business tax receipt pursuant to the County's and/or municipalities' Code of Ordinances,having jurisdiction over the location of the business,unless otherwise exempt therefrom. Further, the vendor must be properly licensed and authorized by law to provide the goods, services or professional services to the extent applicable and the location of the business must be properly zoned in order for the vendor to conduct its business. Palm Beach County local business - For the purpose of determining a"Palm Beach County local business" a vendor must have a principal permanent business location and headquarters within Palm Beach County, Florida. This applies to all entity formations, including,but not limited to, limited liability companies,partnerships, limited partnerships and the like or sole proprietors. Further, the entity or sole proprietor must provide that it, he or she has been headquartered and domiciled in the jurisdictional boundaries of Palm Beach County, Florida for at least six months prior to the solicitation. Post Office boxes will not be considered a permanent business location within Palm Beach County, Florida. Home business offices shall be considered as a business location if it otherwise meets the requirements herein. In order to be eligible for such local preference the vendor shall have a local business tax receipt pursuant to the Palm Beach County Code of Ordinances as amended from time to time, unless otherwise exempt therefrom. Further, the vendor must be properly licensed and authorized by law to provide the goods, services or professional services to the extent applicable and the location of the business must be properly zoned in order for the vendor to conduct its business. Subcontractor utilization - In competitive bid situations, a business may also qualify as either a Palm Beach County or Western Community local business if they are utilizing subcontractors to perform the work or materialmen to supply the job and more than fifty (50%) percent of their proposed bid price will be paid to subcontractors and/or materialmen who qualify,under the above standards, as Palm Beach County and/or Western Community local businesses. Please check the box below indicating which preference category your business is applying for: ❑ Western Communities Local Business ❑ Palm Beach County Local Business ❑ Subcontractor Utilization 1. The name of the business is: 2. The address of the business is: 20 Page 111 of 541 3. How long has the business been located at its current address: 4. If the business has relocated within the last six months, please provide the answers to questions 5-7 for the previous location: 5. The previous name of the business is: 6. The previous address of the business is: 7. How long was this business at the previous location: 8. If the business is attempting to qualify under the subcontractor utilization provision,please provide a breakdown of the subcontractors who would qualify for either the Palm Beach County or Western Community, business classification, the requisite information, provide their responses to the above 1 - 7 questions and for each of the subcontractors, indicate the amount that they are proposed to be compensated at under the bid price. 9. The business as a local business tax receipt from: (1) Palm Beach County ❑ (2) the following municipality: (3) located in unincorporated Palm Beach County: ❑ 10. Please provide a copy of Local Business Tax Receipts from Palm Beach County and the applicable municipality are attached. 11. Please provide a Certificate of Good Standing indicating the formation or domestication of the entity in and for the State of Florida is attached. 12. Please provide copies of licenses if applicable from the State of Florida authorizing the business to provide the good services or professional services contemplated in the bid documents. By signing below, I hereby certify that under penalty of perjury I believe my business qualifies as a Palm Beach County, Western Community or subcontractor utilization business in accordance with Wellington's Local Preference Policy and that I have submitted current and accurate information and documents relating to my qualifications. I further acknowledge and agree that any fraudulent or duplicitous information submitted in furtherance of this application will be grounds for disqualification from bidding on this project and doing business with Wellington in the future. Applicants Federal Tax ID Number- Applicants Business Address Signature of Authorized Representative of Corporation,Partnership, or other business entity: Print Name: Title: Date: CITY OF: COUNTY OF: SUBSCRIBED AND SWORN TO (or affirmed)before me on this day of 2014,by He/She is personally known to me or has presented as identification. 21 Page 112 of 541 (Signature of Notary) (Print or Stamp Name of Notary) Notary Public Notary Seal (State) Signature of Individual if Sole Proprietor: Print Name: Date: CITY OF: COUNTY OF: SUBSCRIBED AND SWORN TO (or affirmed)before me on this day of 2014,by He/She is personally known to me or has presented as identification. (Type of Identification) (Signature of Notary) (Print or Stamp Name of Notary) Notary Public Notary Seal (State) 22 Page 113 of 541 REFERENCE FORM (TAB #5) COMPANY NAME, ADDRESS, CITY, STATE, ZIP PHONE &FAX NUMBER Company Name: Address: Contact Name: Phone: Fax: E-Mail: Company Name: Address: Contact Name: Phone: Fax: E-Mail: Company Name: Address: Contact Name: Phone: Fax: E-Mail: Company Name: Address: Contact Name: Phone: Fax: E-Mail: 23 Page 114 of 541 PRICING FORM (TAB #7) In accordance with the terms and conditions stated in the Request for Proposal (RFP) requesting all goods and services for the Tennis Court Maintenance Services, the undersigned proposes the following to the Village of Wellington: (proposer's legal name) certifies that it is licensed to perform the requested services in the State of Florida and Palm Beach County. Applicable License number(s): *Monthly Price: Proposer agrees to provide the required services stated in the RFP for an amount not to exceed the following sum on an annual basis: Authorized Representative's Signature Date Name: Position: 24 Page 115 of 541 PROPOSER'S CERTIFICATION (TAB#8) I have carefully examined the Request for Proposal, General Information, Specifications and any other documents accompanying or made a part of this Request for Proposal. I hereby propose to furnish the goods or services specified in the Request for Proposal. I agree that my proposal will remain firm for a period of up to 180 days in order to allow the Village of Wellington adequate time to evaluate the proposals. I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or service; no officer, employee or agent of the Village of Wellington or any other proposer is interested in said proposal; and that the undersigned executed this Proposer's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 278.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Name of Business By: Sworn to and subscribed before me This day of ,20 Signature Name & Title, Typed or Printed Notary Public Mailing Address State of City, State, Zip Code C—) Telephone Number Email Address C—) Facsimile Number 25 Page 116 of 541 CONFLICT OF INTEREST STATEMENT(TAB#9) This Proposal/Agreement (whichever is applicable) is subject to the conflict of interest provisions of the policies and Code of Ordinances of WELLINGTON,the Palm Beach County Code of Ethics, and the Florida Statutes. During the term of this Agreement and any renewals or extensions thereof, the VENDOR shall disclose to WELLINGTON any possible conflicts of interests. The VENDOR's duty to disclose is of a continuing nature and any conflict of interest shall be immediately brought to the attention of WELLINGTON. The terms below shall be defined in accordance with the policies and Code of Ordinances of WELLINGTON,the Palm Beach County Code of Ethics,and Ch. 112,Part 111,Florida Statutes. CHECK ALL THAT APPLY. [ ] To the best of our knowledge, the undersigned business has no potential conflict of interest for this Agreement due to any other clients,contracts,or property interests. [ ] To the best of our knowledge,the undersigned business has no employment or other contractual relationship with any WELLINGTON employee,elected official or appointed official. [ ] To the best of our knowledge, the undersigned business has no officer, director, partner or proprietor that is a WELLINGTON purchasing agent, other employee, elected official or appointed official. The term "purchasing agent", "elected official"or"appointed official",as used in this paragraph, shall include the respective individual's spouse or child,as defined in Ch.112,Part III,Florida Statutes. [ ] To the best of our knowledge, no WELLINGTON employee, elected official or appointed official has a material or ownership interest(5% ownership) in our business. The term "employee", "elected official" and "appointed official", as used in this paragraph, shall include such respective individual's relatives and household members as described and defined in the Palm Beach County Code of Ethics. [ ] To the best of our knowledge, the undersigned business has no current clients that are presently subject to the jurisdiction of WELLINGTON's Planning,Zoning and Building Department. [ ] The undersigned business, by attachment to this form, submits information which may be a potential conflict of interest due to any of the above listed reasons or otherwise. THE UNDERSIGNED UNDERSTANDS AND AGREES THAT THE FAILURE TO CHECK THE APPROPRIATE BLOCKS ABOVE OR TO ATTACH THE DOCUMENTATION OF ANY POSSIBLE CONFLICTS OF INTEREST MAY RESULT IN DISQUALIFICATION OF YOUR BID/PROPOSAL OR IN THE IMMEDIATE CANCELLATION OF YOUR AGREEMENT, WHICHEVER IS APPLICABLE. COMPANY NAME AUTHORIZED SIGNATURE NAME (PRINT OR TYPE) TITLE 26 Page 117 of 541 QUESTIONNAIRE (TAB#10) PROJECT: Tennis Court Maintenance Services OWNER: VILLAGE OF WELLINGTON PROPOSER: INSTRUCTIONS A. All questions are to be answered in full, without exception. If copies of other documents will answer the question completely, they may be attached and clearly labeled. If additional space is needed, additional pages may be attached and clearly labeled. B. The Village of Wellington shall be entitled to contact each and every person/company listed in response to this questionnaire. The proposer, by completing this questionnaire, expressly agrees that any information concerning the proposer in possession of said entities may be made available to the Village. C. Only complete and accurate information shall be provided by the proposer. The proposer hereby warrants that, to the best of its knowledge and belief, the responses contained herein are true, accurate, and complete. The proposer also acknowledges that the Village is relying on the truth and accuracy of the responses contained herein. If it is later discovered that any material information given in response to a question was provided by the proposer, knowing it was false, it shall constitute grounds for immediate disqualification, termination, or rescission by the Village of any subsequent agreement between the Village and the proposer. D. If there are any questions concerning the completion of this form, the proposer is encouraged to contact Danielle Zembrzuski (561)791-4107. 27 Page 118 of 541 QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation, answer this: When Incorporated: In what State: If Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice President's Name: Treasurer's Name: Members of Board of Directors: If a Partnership or LLC: Date of Organization: General or Limited Partnership*: Name and Address of Each Partner: Name Address 1. 28 Page 119 of 541 2. 3. *Designate general partners in Limited Partnership 1. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by proposer for a similar project to the proposed project ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. 3. Has the proposer or any principals of the applicant organization failed to qualify as a responsible proposer, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5)years? If yes,please explain: 4. Has the proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary. 5. Person or persons interested in the proposal and Questionnaire Form (have) (have not) been convicted by a Federal, State, County or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent(10%). (Strike our inappropriate words). Explain any convictions on a separate sheet. 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent(10%)interest: A. List all pending lawsuits B. List all judgments from lawsuits in the last five years: C. List any criminal violations and/or convictions of the proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual or perceived conflicts of interest in connection with this proposal: (If none, so state). Please also include a list of any clients within the boundaries of the Village of Wellington that the proposer or its firm has had within the last five (5)years. The proposer understands that information contained in this Questionnaire will be relied upon by Wellington in awarding the proposed Agreement and such information is warranted by the proposer to be true. The undersigned proposer agrees to furnish such additional information,prior to acceptance of any proposal relating to the qualifications of the proposer, as 29 Page 120 of 541 may be required by the Village Manager. The proposer further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Palm Beach Sheriffs Department. By submitting this questionnaire, the proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. I certify that the information and responses provided on this Questionnaire are true, accurate and complete. The Owner of the Project or its representatives may contact any entity or reference listed in this Questionnaire. Each entity or reference may make any information concerning the Contractor available to the Owner. Dated ,20 30 Page 121 of 541 DRUG FREE WORKPLACE (TAB#11) (FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON-RESPONSIVE) Preference may be given to businesses with drug-free workplace programs. Whenever two or more Bids which are equal with respect to price, quality, and service are received by the Owner for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program may be given preference in the award process. Established procedures for 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 must attest to the following: 1. We 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. We 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. We 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. We, in the statement specified in subsection (1), notify the employees 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. We 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. We 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. Contractor's Signature 31 Page 122 of 541 NON-COLLUSION AFFIDAVIT(TAB #12) State of County of Being duly sworn deposes and says: That he/she is an officer of the parties making the forgoing bid submittal, that such bid submittal is genuine and not collusive or sham, that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with any bidder or person, to put in a sham bid or to retrain from bidding and has not in any manner, directly, or indirectly, sought by agreement of collusion or communication or conference with any person, to fix the price of affiant or any other bidder, or to fix any overhead,profit of cost element of said price, or that of any other bidder, or to secure any advantage against the authority, of any person interested in the proposed contract and that all statements in said bid is true. Name of Bidder Print name of designated signatory Signature Title On this day of , 20 , before me appeared personally known to me to be the person described in and who executed this and acknowledged that(she/he) signed the name freely and voluntarily for the uses and purposes therein described. In witness thereof, I have hereunto set my hand and affixed seal the day and year last written above. Signature Notary Public in and for the State of (Affix Seal Here) (Name Printed) Residing at My commission expires 32 Page 123 of 541 6.F. CONSENTAGENDA 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting on September 17, 2019. EXPLANATION OF REQUEST: The City Commission met on September 17, 2019 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: Do not approve the minutes. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes 09-17-2019 Minutes Page 124 of 541 MINUTES OF THE CITY COMMISSION MEETING HELD AT THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY SEPTEMBER 17, 2019 AT 6:30 P.M. Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Crystal Gibson, City Clerk Christina Romelus, Commissioner Ty Penserga, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30p.m. Invocation by Reverend Hernandez of St. Vincent Seminary Pledge of Allegiance to the Flag led by Vice Mayor Justin Katz Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to add an announcement regarding Feeding South Florida. Vice Mayor Katz, requested a brief discussion about the delegate status for commissioners in regards to associations, indicated this should be under Legal. Commission Romelus asked if today was the last day to use the unused community support funds. Lori LaVerriere, City Manager replied the money does not roll over to the next year. Commissioner Romelus and Vice Mayor requested to walk on Community Support funds. 2. Adoption Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion that unanimously passed. Page 125 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 2. OTHER A. Conduct Second Public Budget Hearing for FY 2019/2020 Annual Budget. PROPOSED RESOLUTION NO. R19-093 - Adopt the Final millage rate for the General Fund for Fiscal Year 2019-2020. Mayor Grant stated the millage rate for the City of Boynton Beach was 7.9. Mayor Grant opened up for public comments. Seeing none, Public Audience closed. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion that unanimously passed. PROPOSED RESOLUTION NO. R19-094-Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2019-2020. Mayor Grant requested the total for the General Fund and the total budget. Mara Frederiksen, Director of Financial Services, replied the General Fund is $96.358M, which is 42% of all Funds; the total budget for the City of Boynton Beach is $226M. Susan Oyer, 140 SE 27 Way, noted there was an unstable political climate. Indicated gas prices will increase because of the attack on Saudi Arabia and wants to make sure there was enough money in the reserve. Motion Vice Mayor Katz moved to approve. Commissioner Penserga seconded the motion that unanimously passed. Attorney Cherof noted this concludes the annual budget and millage adoption process, which included two public budget hearings, the last meeting on September 5, 2019 and September 17, 2019. Attorney Cherof re-announced the millage rate of 7.9%, the millage of 4.75% above the rolled back rate of 7.5418 mils. 2 Page 126 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 B. PROPOSED RESOLUTION NO. R19-095 - Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2019-2020. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion that unanimously passed. C. Informational items by Members of the City Commission Vice Mayor Katz, Commissioner McCray, and Commissioner Penserga did not have any disclosures. Commissioner Romelus met with Jim Knight and representatives from certain areas in District III. She announced, Walmart is offering a $30 gift card for returning used car seats. Mayor Grant noted on September 6th he spoke with some seniors from the Community Caring Center at First Presbyterian Church, attended a ribbon cutting in the City of Delray Beach regarding their new trolley system. He also attended a youth summit at St. Paul. On September 8th, he attended a rally to end gun violence. September 9th, he attended a pitch competition over at 1909 with Commissioner Penserga. September 10th, he attended South Tech's Ground Breaking at their new location; he also attended an unveiling of Josh's Benches at JC Park. He spoke with the Umbrella Company, which helps seniors with daily tasks. In addition, he had a meeting with the Veterans of Foreign Wars in regards to their upcoming renaming. September 11th, he spoke at Christ Fellowship for the Firefighter Chiefs' 9/11 memorial. September 12th, he attended a Literacy Luncheon with Lori LaVerriere, City Managerand he was excited about Read for the Record. Attended a grand opening at Phairis Luxury Salon. September 13th, he attended the National Anthem Day at Christa McAuliffe Middle School. September 15th, he went to see The Peanut Butter Falcon, with Zack Gottsgen. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS. A. Announcement of recent state and national marketing and event awards. Suzanne Neve, Chief Executive Officer of the Florida Festivals and Events Association, will announce the state awards. Eleanor Krusell, Public Communications and Marketing Director announce the National Awards. Suzanne Neve, Chief Executive Officer of Florida Festivals and Events Association, thanked for the opportunity to present the awards. These awards are the recognition of the City and its residents. The City received 7 SUNsational Awards from the Florida 3 Page 127 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 Festivals & Events Association (FFEA) for its Civic Center Demo Event (3), 4th of July Independence Day 2018 (2) and Brightline Quiet Zones PR/Media Campaign (1). The City of Boynton Beach also received the "Most Innovative" Award for its "Town Square - Six Events in Six Days" events. She was proud to award the City of Boynton Beach the awards. She congratulated the team for making this a success. Lori LaVerriere, City Manager, stated this award, the special designation, they can apply, for this award, this award voted on by all the peers in the industry, which is remarkable. Eleanor Krusell, Public Communications and Marketing Director, noted in addition to the award, they received from FFEA, she wanted to mention the City notified they received three national awards from the City County Communication Marking Association. The City received three national awards from the City-County Communications and Marketing Association (3CMA), a national organization of over 1,000 members. Of the 704 entries submitted and judged, the City received awards for its Calendar; Hoover is Happy Social Media Campaign (Most Creative Activity with Least Dollar Spent) and Civic Center Demo (Special Events - One Time Event). In 2018 the July, for the promotional item and photography, the most innovative award, for its Town Square, voted on by its peers. These pictures posted on the website. The City of Boynton Beach is unique and innovative. Commissioner Romelus noted that Eleanor personally is great. Congratulated what she is doing for the City of Boynton Beach. Noted Hoover is a hound dog, when there were trains, hoover the dog would howl every time. The City of Boynton Beach has been designated a quiet zone. Commissioner McCray thanked Eleanor for her presents. B.Announcement by Laura Lansburgh, Marketing Manager, about the City's Baby Safety Expo Laura Lansburgh, Marketing Manager. Stated one of the hardest count population was children under the age of five, with September being baby safety month, the City is conducting a Baby Safety Expo taking place on Monday, September 23, 2019 at the Schoolhouse Children Museum, which would include; safety checks, kids print identification cards. Participating in the expo would be Healthy Mothers Heathy Babies of Palm Beach County, Florida Department of Highway Safety and Motor Vehicle, Inspire Chiropractic, City of Boynton Beach Fire and Police Departments, Recreation Department, and the Boynton Beach City Library. The expo will feature fun, game, and more. This event created to serve three purposes; to market the 2020 census to the hard to count population of children under five, provide a community service to the residents informing them about safely related issues, hosting the expo at the School House Children Museum would remind the community the museum is open to the public during 4 Page 128 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 the construction. Postcard promotion were issues to local preschools and to Bethesda Hospital as well a City Facilities, they targeted social media as well. C. Quarterly update by Laura Lansburgh, Marketing Manager, about the City's Census Marketing Efforts over the past quarter. Census Day is April 1, 2020. A City Team has been working diligently to create awareness of the upcoming Census. Laura Lansburgh, Marketing Manager, updated and informed the Commission and the community about the City's Census outreach efforts over the past quarter. The City was hosting a count committee for people involved in the community to inform the community about the census, creating a Facebook Live on October 1, and created marketing material which is used for outreach. The postcards are in all the communities. The cards are in three different languages. The postcard drives everyone to the website, the website is ADA friendly. Postcards distributed at preschools and Bethesda Hospital. 100 car decals will be distributed at the Baby Safety Expo, which state "Don't Forget to Count Your Kids" Library computer home screens has a census folder. Library bookmarks districted 50. Funfare Magazine ad directs people to the website. Water quality report and City envelopes included the census logo, more than 20,000 to date. Creating a complete count committee, outreach to local businesses, Facebook Live, census booth at senior center open house, booth at Haitians & Friends United Against Breast Cancer, presentation of GIS Day at St. Joseph Church, 1-95 billboards, print projects, Funfare and the 2020 calendar. Commissioner McCray asked what was the response for the 200 invitations sent out. Ms. Lansburgh replied they have received five RSVPs and with the follow-up email blast going out tomorrow, more will be attending. Ms. Lansburgh provided the names of those who RSVP'd. Commissioner McCray asked why the low turnout. Ms. Lansburgh responded staff are hopeful more people would attend. Lori LaVerriere, City Manager stated the individuals, which RSVP, are representatives of large groups of people. Ms. Lansburgh pointed out they are meeting individually as well as with the committee. Commissioner McCray stated he understood the City Manager, although they reach a large number of individuals, it seems like a very low number and seems like it is not good enthusiasm. Commissioner Romelus asked if they have the numbers for the last census and requested the response rate from last year. Vice Mayor Katz inquired if any of the RSVPs were from the Coalition of Clergy. Ms. Lansburgh stated not to her knowledge. Vice Mayor Katz stated the City Manager meets with the Coalition of Clergy on a quarterly basis and believed they are the perfect conduit. He asked if there was an email listing for the Coalition of Clergy, to have at least a representative. 5 Page 129 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 Ms. Krusell responded there was a master email listing and the Coalition of Clergy email addresses were included in a list. Commissioner McCray stated they need the Coalition of Clergy now; they need to be in partnership with the City. D. Mayor Steven B. Grant to proclaim September as Deaf Awareness Month in the City of Boynton Beach. Beth Wagmeister, Deaf Advocate, to accept the proclamation. Mayor Grant proclaimed September as Deaf Awareness Month. Beth Wagmeister, Deaf Advocate, thanked the Commission and Mayor for the proclamation. The City of Boynton Beach has had 139 employee which has become deaf aware. She again thanked the Commission for being able to do the work she loves, to insure everyone feels safe and secure. Noted there are currently 60 families in Boynton Beach which are deaf June McMahon, President at Florida Association of the Deaf, Boynton Beach, Florida, noted she is proud to live in the City of Boynton Beach. She stated as a former teacher of the deaf, she appreciates the City involving the deaf community of Boynton Beach. E. Feeding South Florida, Mobile Food Distribution, September 21, 2019 Mayor Grant announced there would be a mobile food distribution at City of Boynton Beach, Hester Center in Boynton Beach, from 8-11:00 am. F. Per the request of the City Commission, Craig Clark, Library Director, will provide an update to the City Commission on our library services and programs. Craig Clark, Library Director, shared information about the library's innovative technology and mission. The satisfaction survey with city services was second to none. He explained KOHA, latest news from the library and a new integrated Library system, ILS, launching September 23, 2019. New system for customers to search the library, new mobile WiFi hot spots launching September with free unlimited internet access through Sprint, 14 units available for customers to check out with a 21-day lending period. A Local History Archive is now online at Boynton Library. Commissioner McCray inquired if this was free. Mr. Clark replied it was free to the City residents, but the City of Boynton Beach pays about $4,000 per year. He encouraged the movement of the library. 6 Page 130 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 Mr. Clark indicated the Boynton Beach City Library is home to a collection of 81 special manuscripts, 60 of oral history. A growing digital library and knowledge library. In addition, the library offers SEFLIN one card. This is an arrangement with other libraries to use the library for free. New RFID self-checkout system, with three kiosks to borrow library materials with ease. Pay fines and fees with cash, credit or debit cards. Commissioner Penserga asked was there enough material for an art exhibit. Mr. Clark replied there is enough material for an exhibit, but the space was limited at the temporary facility. Commissioner McCray asked if this would replace employees. Mr. Clark stated that with the assistance of this technology, staff could possibly open the library on Friday. Mr. Clark indicated he had written a grant to pay for the system. The automated material handling return system will be located outside the building. Laptops anytime kiosks, for adults and teens, they would be able to use for about 3 hours. These iPad and iPad Mini devices will be purchased with grant funds. There is a renewed commitment to customer service, transition from a passive to proactive customer relation; addition of kiosks allows for roving staff. Eliminate the need for staff to be stationary behind the desk and there will be a greeter station at the front entrance. Self-check out assistant stationed at kiosk to guide customers. Adding one full-time librarian. Restored Friday hours and will be open from 9:00 to 5:00 pm. He is excited for the library. Commissioner Penserga asked if the library has been in touch with the space center. Mr. Clark responded no. Commissioner Romelus noted that Palm Beach library system has rewrote their policy to do away with fines. Mr. Clark said the idea was to take away the barriers for people who cannot afford to pay the fees. Indicated Boynton Beach has a very friendly collection agency, which sends out letters to clients who owe money. Commissioner McCray asked if they could return books from other libraries to Boynton's library. Mr. Clark responded yes, that our library would then return the books to the other libraries. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL 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) Arlene Houston, National Organization for Women, and beginning in 1965 they now have 1 M members serving the community. Invited everyone out on Oct 19, 2019 from 11-12:30 the program was meant for awareness. In order to have a referendum on the ballot they need 766,000 signatures. Page 131 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 Michelle Lemon noted she was here to present Commissioner Christina Romelus, the Alice Paul award. This award given each year to honor an individual who embodies the spirit of equal rights activist Alice Paul, and to continue Alice Paul's mission of advancing gender equality in America. She then presented the award to Commissioner Romelus. Charles Kanter 2905 S. Greenleaf Circle came out to speak about the purposed acceptance of Quantum Overlay District. He indicated all the people in the HOA are happy and are pleased with the progress. There was a little bit of a problem with five streetlights on Quantum Blvd. He wanted to make sure the charge for street lights would be eliminated from their bill. Gary Fishman 3504 Diane Drive indicated this is a time sensitive matter regarding the five acres adjacent to Lake Ida. This is an unmaintained jungle; this land should not belong to the City of Delray Beach. Mr. Fishman stated it was not legal for the City of Delray Beach to acquire the property from Palm Beach County. Susan Oyer, 140 SE 27 Way, provided information regarding the Constitution of the United States. Ralph Louis, 1054 Gateway Boulevard, representing the HATT Foundation, announced the Annual Turkey Drive held on Nov 23, 2019. Every year the HATT Foundation provides at-risk families and individuals in the community with turkeys for Thanksgiving. Help us make a difference in our community and be involved. According to United Way of Palm Beach County, "more than 210,000 Palm Beach County residents don't know where their next meal will come from and 64,000 children do not have enough to eat. One in seven senior citizens are food insecure." This survey is based on residents of Palm Beach County, FL. Commissioner McCray asked if the company was a registered non-profit. Mr. Louis replied yes. Mayor Grant indicated that staff would post the information on the City of Boynton Beach website. No one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant read the vacant openings. There were no applicants. s Page 132 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 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. R19-096 -Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY2019-2020. B. PROPOSED RESOLUTION NO. R19-097 -Accept the transfer of all assets from the Quantum Park Overlay Development District for ownership by the City. C. PROPOSED RESOLUTION NO. R19-098 - Resolution ratifying the Quantum Park Overlay Dependent District annual budget for FY 2019-2020. D. PROPOSED RESOLUTION NO. R19-099 -Authorize the Mayor to sign Second Lease Amendment for the temporary space located at 2045 High Ridge Road - Temp Police Headquarters. E. Approve the issuance of an annual blanket purchase order to South Florida Emergency Vehicles for an estimated annual expenditure of $75,000. South Florida Emergency Vehicles is the sole source authorized dealer and repair center for Fire Engine and Ladder units. F. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for September 17, 2019- "Request for Extensions and/or Piggybacks." G. Approve Task Order UT-3C-03 with Globaltech, Inc. in the amount of$69,301.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C awarded by City Commission on August 7, 2018 for the West Water Treatment Plant Arc Flash Study project. H. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the ten (10) month period ended July 31, 2019. I. Accept the written report to the Commission for purchases over$10,000 for the month of August 2019. 9 Page 133 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 J. Approve the Bid for "ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid No. 043-1412-19/MFD to the following eight (8) companies: 5 Star Enterprises, Clean All Products, CleanAll Supply, Imperial Dade, Medline Industries, Pride Enterprises, Pyramid School Supplies and Unipak on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications. Items will be ordered on an "AS NEEDED" basis for an estimated annual expenditure of $40,000. K. Approve the minutes from City Commission meeting on September 5, 2019. Motion Vice Mayor Katz moved to approve the Consent Agenda. Commissioner Penserga seconded the motion, which unanimously passed. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. Authorize the purchase of equipment and security tags to upgrade the Library's Inventory and Security systems to Radio-frequency Identification (RFID) Technology and an Automated Materials Handling System from Bibliotheca, LLC of Norcross, GA in the amount of $236,634.38 as a sole source vendor purchase. B. Approve modification to the Landscape Maintenance award and annual expenditure; Bid #029-2730-18/IT from $1,080,896.18 to $1,339,994.54 through the extent of the bid term on September 30, 2020. Commissioner Romelus asked for clarification. Andrew Mack, Public Works Director, responded as previously discussed, this item would modify the award. Mr. Mack indicated Duval Landscaping decided to end their relationship with the City. Reallocations of funds to a different vendor as well as requesting an additional $100,000 to use for additional services on an as-needed basis throughout the year. Mr. Mack pointed out this was being done in anticipation for next fiscal year. This includes the median, park sites, vacant lots, and right of ways. Commissioner McCray requested an update regarding the median on NW 17t". Mr. Mack replied the City is scheduled to replace some curbing, and working with the Engineering Department. Commissioner McCray requested staff to contact Sonny Garcia regarding the timeline. Mayor Grant asked who owns the median for Gulfstream Boulevard between Seacrest and Federal Highway. Mr. Mack replied they split between the cities; the actual dividing Zo Page 134 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 line is on the Southside of the median, that side of the median is wholly owned by the City of Boynton Beach. Mayor Grant inquired if the road needed repairs, and inquired if the City needs to collaborate with the City of Delray. Mr. Mack stated that staff has been having conversations with the City of Delray regarding design and implementation. Delray Beach maintained the north; if those medians need to be done, they must contact the City of Delray Beach. Commissioner McCray asked what was the reason for the increase. Mr. Mack responded Duval Landscaping was the lowest bidder; when they pulled out of the contract, the next lowest vendor was selected. Commissioner McCray asked if the City was replacing shrubbery. Mr. Mack explained the additional $100,000 is for replacing landscaping which was missing in the island and the parks, increase per line item; there were some islands which were left out. Commissioner McCray asked which islands are being worked on. Mr. Mack responded from Seacrest (C-16 canal) to Boynton Beach Boulevard. There were some shrubbery and trees damaged by traffic accidents. Commissioner McCray asked if insurance covers any of the damage when there are vehicle accidents . Mr. Mack said when they can get the insurance information, the City does try to pursue monetary damages. Motion Vice Mayor Katz moved to approve. Commissioner Penserga seconded the motion that unanimously passed. C. Approve Task Order UT-1 C-04 with Carollo Engineers in the amount of$189,508.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B awarded by City Commission on August 7, 2018 for the Reclaimed Water System Expansion Hydraulic Analysis project. D. Approve a change order in the sum of $269,412 with Haskell for the District Energy Plant to provide funding to install a 350-ton "swing" chiller. This will result in a revised contract total of $10,716,956 for the plant construction, and a revised purchase order total of $8,765,996. E. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities over$100,000 as described in the written report for September 17, 2019-"Request for Extensions and/or Piggybacks." Motion Vice Mayor Katz moved to approve the remainder of the Consent Agenda. Commissioner Penserga seconded the motion that unanimously passed. 11 Page 135 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 19-029 - FIRST READING - Approve request for abandonment of a portion of the unimproved NE 3rd Street right-of-way, north of NE 9th Avenue, in connection with: Attorney Cherof read the proposed Ordinance No. 19-029 into the record by title only on first reading. Amanda Bassiely, Principal Planner, indicated there were several amendments covering four different topic areas. The scope includes LDR clean up, this included the site plan and the master plan process and requirements, and it includes the increase minimum density to the TRD, and some corrections from the previous version of the LDR. The second part of the update MLK overlay per CRA plan. The third part of the Use Matrix revision Part 1, the last was update of the definitions. Ms. Bassiely provided a chart with the overlay boundary of the MLK district, a map shown with the overlay boundary. The red includes the overall boundary. The boundary in gray, which touches MLK for frontage or currently has a commercial zoning designation, the other portions in red are only to be included if they are within the same project boundary as one of the gray parcels. One of these amendments was to revise the overlays to be consistent with the other overlays, which they have seen previously. Which covers nine categories. What makes an overly different from zoning district is that it is a defined area, this was not anything which crosses any type of zoning districts. Conflict, if there are conflicts between the overlay regulations and other zoning districts the overlay district prevails. Modified building/site regulations, this is what changes the underlining zoning district. There are two, which are the Pedestrian Zone, Scale and Height. Showed a pedestrian zone composed three portion, street tree, sidewalk and active areas. The pedestrian zones are used for commercial district, outdoor dining merchandise display. For pedestrian zones area they could be used for front yards, porches, and front doors facing sidewalk. The next thing which would be changed would be the height on MLK is 35ft; the overall height is still within the zoning district, capping a portion facing MLK. Mayor Grant asked if there were some parking requirements for MLK. Ms. Bassiely responded currently a blanket 50% reduction is applied. This was done initially only for commercial development, what was done in this revision was to clarify. The 50% 12 Page 136 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 reduction was specific to the commercial component to mixed-use development, not applicable to the residential component. Ms. Bassiely explained the relief process. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion that unanimously passed. City Clerk Gibson called the role. Vote 5-0 PROPOSED RESOLUTION NO. R19-100 -Accepting the dedication of property from the Community Redevelopment Agency (CRA) and realignment, and extension of NE 3rd Street from NE 9th Avenue to Martin Luther King, Jr. Boulevard (ABAN 19-001). (Resolution adoption will be upon second reading of the Ordinance) Mayor Grant read proposed Resolution No. R19-100 into the record by title only. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion that unanimously passed. B. Approve MLK Overlay and Use Matrix Revisions Part I (CDRV 19-006) - Amending the LAND DEVELOPMENT REGULATIONS: PROPOSED ORDINANCE NO. 19-030 - FIRST READING - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article II. Definitions; Attorney Cherof read Ordinance No. 19-030 into the record by title only on first reading. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion that unanimously passed. City Clerk Gibson called the role. 13 Page 137 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 Vote 5-0 PROPOSED ORDINANCE NO. 19-031 - FIRST READING - (2) Chapter 2. Land Development Process, Article II. Planning and Zoning Division Services; Attorney Cherof read Ordinance No. 19-031 into the record by title only on first reading. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion that unanimously passed. City Clerk Gibson called the role. Vote 5-0 PROPOSED ORDINANCE NO. 19-032 - FIRST READING - (3) Chapter 3. Zoning, Article III. Zoning Districts and Overlays, and Article IV. Use Regulations; and Attorney Cherof read Ordinance No. 19-032 into the record by title only on first reading. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion that unanimously passed. City Clerk Gibson called the role. Vote 5-0 PROPOSED ORDINANCE NO. 19-033 - FIRST READING - (4) Chapter 4. Site Development Standards, Article V. Minimum off-Street Parking Requirements, to implement modifications to MLK Overlay, modifications to rezoning-master plan application process, corrections pertaining to Mixed- Use zoning districts and revisions to Use Matrix, Residential and Lodging category. Applicant: City-initiated. Attorney Cherof read Ordinance No. 19-033 into the record by title only on first reading. 14 Page 138 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion that unanimously passed. City Clerk Gibson called the role. Vote 5-0 C. PROPOSED ORDINANCE NO.19-034 - FIRST READING - Approving efficiency improvements to the Site Plan Review Process (CDRV 19-007) through amendments to the LAND DEVELOPMENT REGULATIONS Chapter 2. Land Development Process, Article II. Planning and Zoning Division Services, Section 2. F. Site Plan, Including Time Extension and Modifications that begin implementing staff recommendations from the internal review of the City's development review process. Applicant: City- initiated. Attorney Cherof read Ordinance No. 19-034 into the record by title only on first reading. Amanda Bassiely, Principal Planner, Indicated the Code amendment was part of a larger project. Staff was competing a Development Process Review in an effort to begin streamlining all of the different areas of the department, including the policies and procedures, transparency, branding, education and training component. This amendment has to do with the policy and procedures. This has to do with site plans and the five categories of the site plans, there are five different exemptions, any types of projects, which does not need to go through this process. The second is new site plans, between major and minor site plans. Major site plans are any plans, which require Commission approval and recommendation of the Planning and Development Board. The Minor site plans are approved through staff as an administrative approval. The exemption covers single-family internal modifications, pools or amenity changes, minor structural additions, any new structures which are not residential which are less than a 1000 square feet, garages, and exterior structures of residential buildings, these types of projects do not go through the site plan process. The last set of new site plans for major and minor. The Major would include residential projects, which include more than 10 units, for commercial or nonresidential would be anything over 15,000 square feet. The other three are qualifiers; if the plan needs any type of conditional use or any type of relief or any other application, which requires the City Commission approval, would automatically bring before the Commission. Ms. 15 Page 139 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 Bassiely provided some examples of some conditional use versus the administrative process. Provided some additional qualifiers for site plan modifications, which would dictate which approval process. Indicated for a major site plan would increase 20% of square footage. If it were a certified green building, it would raise to 25% of the square footage, if the building needs relief or any type of adverse effect to neighboring property and/or it does not resemble the approved plan. All of those would place it in the major process. Everything, which is left, would be in the minor plan modification. Commissioner Penserga inquired of the adverse effects. Ms. Bassiely responded adverse effect would be a qualifier that the Director of Planning and Development would be able to use if a project is influencing or doing anything to the neighbors which the code does not anticipated. Indicated these are just site plans, which have land use, and zoning in place. Commissioner McCray inquired if this would expedite the permitting process. Ms. Bassiely said a portion that is being changed has to do with the planning process; this is before it gets to permitting, and it would shorten the time that it takes to get their permit. This was the first set of amendments. The building department is part of the meeting, which they are going through ways to make the entire process earlier. Commissioner McCray asked if other cities are doing this. Ms. Bassiely replied other cities have some of these thresholds in place. Commissioner McCray asked why the City was so far behind. Ms. Bassiely indicated she was here to make it better. Mayor Grant stated any minor site plan or new construction would not need to come before the commission. Ms. Bassiely replied if they meet those qualifies, and they have the land use, zoning and do not need relief they would go through an administrative approval. Motion Vice Mayor Katz moved to approve. Commissioner Romelus seconded the motion that unanimously passed. City Clerk Gibson called the role. Vote 5-0 9. CITY MANAGER'S REPORT -None 16 Page 140 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R19-101 -Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) to provide financial support to the Wells Landing, LLC in association with their application for the 9% tax credit for Low Income Housing Tax Credits and sign any related application documents to confirm such support. Mayor Grant read Resolution No. R19-101 into the record by title only. Commissioner McCray stated this project was not named Wells Landing. The Commission has not selected a name for this project. Major Grant stated they do not get to select a name on the project. Mayor Grant pointed out he does not believe this could be stated for the record. Commissioner McCray disagreed. Vice Mayor Katz stated when the applicant submitted their proposal that was the name, which the applicant intended to name the project, which was the name of their LLC, but it was subsequently, expressed this was not the name the Commission would support. Motion Commissioner Romelus moved to approve. Vice Mayor Katz seconded the motion that unanimously passed. B. Delegate Responsibilities Vice Mayor Katz requested clarification and provided his interpretation on an appointed commissioner. He stated other elected officials should not engage in City related businesses unless there has been a discussion at a commission meeting. This has created some confusion with the committees. He said with respect to "stay in their lane" and respect the Commissioner as the representative of the association or committee. Commissioner McCray agreed that is why they appointed a specific Commissioner to represent the Commission. Mayor Grant said he was on the League of Cities and the Transportation Planning Agency and would encourage all Commissioners to speak to the board. Regarding the meeting in question, he noted he was speaking as the Mayor. He asked what he does as their delegate. 17 Page 141 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 Vice Mayor Katz responded he attends the meeting and speaks to their respective leaders, whether it was issues which they have or which they want to bring before the commission or if the Commission wants him to convey to them as their delegate. Commissioner McCray noted speaking as the mayor, there are some things, which should not be spoken. The Mayor should get with the City Attorney prior to offering his opinion. Being the Mayor does not give you leeway to say anything to the public. The Mayor is governed by the rules and regulations of the commission. Mayor Grant agreed. C. Unused Community Support Funds Commissioner Romelus requested to donate $250.00 of her Community Support Funds to Connect to Greatness. Commissioner McCray asked for an explanation of what is Connect to Greatness. Commissioner Romelus noted Connect to Greatness is a non-profit organization, which targets African American boys to envision their reality and become change makers in the world. They empower young men to support community accountability and responsibility. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion that unanimously passed. Vice Mayor Katz requested to donate $500 of his Community Support Funds to the HATT Foundation and the remainder of the support funds to Boynton Rugby Club, founded by the residents of Boynton Beach. He noted the young people, both boys and girls, do not pay a fee. He thought this was an awesome opportunity for the youth in the community. Motion Commissioner McCray moved to approve. Commissioner seconded the motion that unanimously passed. 12. LEGAL A. PROPOSED ORDINANCE NO. 19-035 - FIRST READING - Approve Ordinance establishing regulations regarding the posting of underage drinking signs. Attorney Cherof read Ordinance No. 19-035 into the record by title only on first reading. Zs Page 142 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion with discussion. Vice Mayor Katz indicated his personal preference was to convert this ordinance into some type of resolution. This ordinance was a law and businesses need to follow it. He stated he did not see if there were any specified consequences, or if this was an unenforceable ordinance. Attorney Cherof responded this was an enforceable ordinance. The provisions for penalty are set forth in section three, on page four. This would be the same as any other municipal ordinance violation, the potential for imprisonment in County jail for up to 60 days or a fine of up to $500 or both. What would occur in the event of a violation is the individual would receive a notice to appear issued by the Police or the Code Enforcement Department. Vice Mayor Katz stated his concern was businesses was aware of the drinking age, and they should know they should not transfer, or anyone under 21 to consume alcohol. The Commission will create a law that will fine or imprison any establishment or business which serves alcohol, the City will require hundreds of businesses to put up a sign, with size 30 font and if they do not they will be fined. Community Standards or Code Enforcement people spending time enforcing this ordinance, and the individual would be fined; he believed a resolution reporting this idea. He has a difficult time, stacking an ordinance on existing law, which is very well known, threating, fining, and imprisoning restaurant or brewery owners; he believed standing with the issue is better than creating a redundant law, which could lead to punitive measures. He does not support punishing people for not placing government-mandated signage. Attorney Cherof noted this could be accomplished without having to convert this to a resolution, by making an amendment to delete section three, which is the penal aspect of the ordinance. This would leave the reporting requirement, which was set forth in section four. This would leave the reporting aspect to the law enforcement. This would accomplish the posting and move the ordinance forward. Vice Mayor Katz stated if this would be the expedient way to achieve a law is which is well intention but is redundant. Commissioner Romelus requested clarification. The third subsection indicates the sale of the dispensing alcohol, is it the word penalizing the businesses for not posting the sign, or is it penalizing the person for selling alcohol to underage people. Mayor Grant asked if section 3 was the State of Florida Statute penalty or was that the City Code Compliance penalty. 19 Page 143 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 Attorney Cherof responded the violation is for the City ordinance penalty in a section of the City of Boynton Beach Code of Ordinances, which deals with municipal ordinance violations. Mayor Grant stated this was not in the Ordinance. Commissioner Romelus requested clarification. Attorney Cherof replied once adopted, any ordinance, which violates the terms and condition can be cited under another provision of the City code, as an ordinance violation. This would be a cross-reference of the City Code. Commissioner McCray asked if there was a law already in the State of Florida, which dealt with underage drinking. Attorney Cherof stated yes. Commissioner McCray asked why the City is moving forward with this Ordinance. Attorney Cherof indicated this was a request by the members of the community, which came forth to request upping the level of communication. Commissioner McCray stated Attorney Cherof indicated if there was already a law, why have the City place more signage. This seems to be redundant. The businesses are aware underage patrons cannot be sold alcohol. Commissioner McCray stated this is redundant and he believes the City is making more work for staff. Commissioner Romelus stated as a maker of the motion, she was happy to amend her motion based on what the City Attorney has said. If section three is stating the City would need to enforce, being the Police Department is stretched, she does not believe the City should go look for businesses, which do not post the sign. She feels that it would be helpful for those who are willing to put those signs up. Commissioner Penserga noted he was in favor of this amendment; he does not want to penalize businesses putting up a sign for business for something, which should be done. He was in favor of the amendment. Motion Commissioner Romelus moved to approve as amended. Commissioner Penserga seconded the motion that unanimously passed. City Clerk Gibson called the role. Vote 4-1 (Commissioner McCray dissenting) Attorney Cherof noted the Ordinance would return to the Commission with the amendment on second hearing. B. City Commission is requested to review the Lien Modification Order issued by the Special Magistrate at the August 21, 2019 hearing for case # 11-2277. zo Page 144 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 David Schmit, representing the property owner: The client was requesting further reduction of the lien. The property was purchased in 2015 for$215,000 and the property owner became aware of the lien when the home was placed for sale of $167,000. The property owner was taking a loss on the sale. 8/21/19 - Special Magistrate lien reduction hearing — Magistrate recommended to reduce the lien from $262,134.12 to $15,112.65 (includes the unpaid admin fee of ($634.12) - 94% reduction. Commissioner McCray stated usually a title search done prior to a purchase, which would alert the purchaser of liens on the property. Adam Temple, Community Standards Director, said this began back in 2011; the property recently came into compliance. The property owner received their property owner permit in July 2019. The owner found the violation during a title search. He believed they still owe the administrative costs. Commissioner McCray asked what was the amount of the administrative cost. Mr. Temple stated the cost is $632.12. Mayor Grant stated his feeling the City should be made whole. The business tax receipt is $50 per year, plus the certificate of occupancy 50 per year times eight years. Mayor Grant asked how much is the daily amount charged for not having the business receipt. Mr. Temple stated 2600 days. Commissioner McCray asked when the City had a business tax receipt. He indicated they were occupational licenses; by State Statute, they changed the terminology. The City has always had some type of license since the City began. Commissioner McCray stated he heard what the Mayor said; as long as the City recoups the administrative fee, he would be fine with this. The property owner should have had a title search prior to purchasing the property. Mr. Schmidt stated this information came up after the property owner purchased the property. He noted back business tax receipts are paid. Mayor Grant asked if he paid the extra tax receipts. Mr. Schmidt responded yes. Mayor Grant stated that when a customer does not pay their tangible property tax there is a 25% fee, with that a $100 for the eight years, he would like to round it up to $1,000 to reduce the lien. Commissioner McCray stated the administrative cost should be $634.12. 21 Page 145 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 Motion Commissioner McCray made a motion for a reduction to the administrative cost of $634.12. Commissioner Penserga seconded the motion, which passed. (4-1)(Mayor Grant dissenting) C. PROPOSED ORDINANCE NO. 19-036 - FIRST READING - PUBLIC HEARING -Approve the change in qualifying dates for candidates for the March 17, 2020 municipal election. Attorney Cherof read Ordinance No. 19-036 into the record by title only on first reading. Mayor Grant asked when were the qualifying dates and deadlines. Crystal Gibson, City Clerk stated the qualifying dates are from noon on November 26, 2019 to noon on December 10, 2019. Mayor Grant stated the candidates must have the information in by noon December 10, 2019, all the requirements certified by the Supervisor of Election including the $25.00 Filing fee for the City. Commissioner McCray asked if those who have already filed would be made aware of the dates and deadlines. Ms. Gibson indicated the candidates would be made aware of the date change. Motion Commissioner Penserga moved to approve. Vice Mayor Katz seconded the motion that unanimously passed. City Clerk Gibson called the role. Vote 5-0 D. PROPOSED RESOLUTION NO. R19-102 -Authorize the Mayor sign a purchase and sale agreement selling a portion of Tract I in Quantum Park Overlay Development District to FH Quantum LLC, which own 3301 Quantum Blvd subject to the conditions of use by FH Quantum LLC. Mayor Grant read the proposed Resolution No. R19-102 into the record by title only. Mayor Grant asked the conditions. 22 Page 146 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 Andrew Mack, Director of Public Works noted the Legal Department was reviewing the contract. Attorney Cherof stated the contract for purchase and sale has not been finalized. He believed there was an outstanding issue regarding a time limitation, whereby if the property owner fails to perform in two years, is what the City negotiated the remedy would be reversionary interest to the City. This City guaranteed that this would not be just a transfer, but followed by a definitive action within a set period. All other terms and conditions which have been proposed have been negotiated and satisfied are contained in the current draft for the contract for sale and purchase. Attorney Cherof stated because there was one outstanding issue as of this evening. Perhaps Mr. Weiner will indicate whether his client would consent. Attorney Cherof noted this approval is still subject to review and as the City Attorney, neither the Mayor nor he will sign until the conditions have been reviewed and satisfied. Mayor Grant inquired as to the conditions. Michael Weiner, representing FH Quantum LLC, stated if there were negotiations between Mr. Dugee and FH Quantum, his client provided an email consenting to the reversion. Stated the construction has two years for completion. This would resolve the outstanding issue. Attorney Cherof stated this was a no-cost transfer of property; this was a finger of the lake/pond area at the Northeast corner, to be filled and converted to parking. Mayor Grant inquired of the square footage of the parcel. Mr. Mack replied the property was 1.84 acre. Mayor Grant stated they are selling this so they can build a parking lot. Commissioner McCray asked if this came to the commission before. Ms. LaVerriere stated this was the first time. (Commissioner Romelus left the dais at 8.45 pm.) Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion that unanimously passed. (4-0 Commissioner Romelus not available to vote) E. Report by City Attorney on City of Delray Beach — Lake Ida Park Addition Annexation. Attorney Cherof, City Attorney stated on July 16, 20197 City of Delray Beach (hereinafter "Delray") filed its petition for voluntary annexation with Palm Beach County 23 Page 147 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 seeking to voluntary annex a 4.06 acre site from unincorporated Palm Beach County adjacent to Lake Ida and directly South of the City of Boynton Beach municipal boundary. The City Attorney's Office was requested to provide information on options the City has related to Delray's annexation application. (Commissioner Romelus returned to the dais at 8:49 pm.) The Attorney provided four options for the Commission to consider: 1. Challenging the Voluntary Annexation. Chapter 171 and Palm Beach County Charter have procedures for voluntary annexation. The City can challenge the annexation by filing an appeal following the adoption of the annexation or aggressively advocate against the adoption of the annexation during the public meeting before the Delray Commission Inter-Office Memorandum Mayor and City Commission Re: City of Delray Beach — Lake Ida Park Addition Annexation September 11, 2019, or Palm Beach County Commission. For appeals, the City must, no later than 30 days following the passage of the annexation ordinance, initiate and proceed through the conflict resolution procedures established in Chapter 164, F.S. [which is the "Florida Governmental Conflict Resolution Act."]. If there is a failure to resolve the conflict, no later than 30 days following the conclusion of the procedures established in Chapter 164, F.S., the City may file a petition in the circuit court. In any legal action instituted under Chapter 171, the prevailing party is entitled to reasonable costs and attorney's fees. 2. Political Advocacy. City Administrative Officers or the City Elected Officials may advocate the City's position on the annexation to the Palm Beach County Administrator or County Commissioners. The City may also seek to initiate informal discussions with Delray prior to adoption and implementation of the annexation to discuss and resolve potential issues. The City may also seek to initiate formal negotiations discuss and resolve potential problems by negotiating an agreement pursuant to the Florida Interlocal Cooperation Act of 1969 (Section 163.01, F.S.) between Delray and the City prior to adoption and implementation of the annexation. 3. Initiate a competing annexation. Chapter 171 sets for the procedures for when a municipality wishes to annex contiguous, compact, unincorporated territory. The nature of the process would be involuntary and as such has no corresponding procedures under the Palm Beach County Charter. The process will require consent of Delray. 4. Do nothing. The deed granted to Delray upon the express condition that the properties used as open green space or for passive park purposes, which may include accessory structures and improvements, such as pedestrian pathways, gazebos, shade structures, and temporary docking facilities. In the event the Delray allows the property to be developed and/or use for any other purpose, title of the property shall revert to the County. Delray has stated intention was to maintain both properties as open space/ passive recreation as restricted in the deed. This intention aligns with the City's goal of open space and that the properties remain low impact. 24 Page 148 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 Attorney Cherof stated he and the City Manager was looking for direction in how the Commission wanted to proceed. Mayor Grant stated the Commission heard from the Public the sale should not have gone through. The City of Boynton Beach was not the judicial organization to determine whether the sale was valid with the City of Delray. The City of Delray received four acres of Lake Ida property for$100,000. The reason the City of Delray was moving forward with the annexation was the constant code violations, received by Palm Beach County. If the City of Delray owned the land they do not need to worry about noncompliance, they can follow their own rule. He indicated he does not want the land to go to the City of Delray, but the City would be subject to attorney fees. However, the City could advocate with the City of Delray. Commissioner McCray noted he was in favor of seeing what the City of Delray was going to do with the property. Mayor Grant requested if the Commission agreed, to allow the City Manager to speak with the City of Delray Beach regarding the purpose of the property and see if there was something that the City and the City of Delray could do together. Kalra Lakhmichand, property owner, pointed out the property initially offered to the City of Boynton Beach by Palm Beach County to be used as a park. At that time, the City of Boynton Beach did not have any land excess. Mr. Lakhmichand stated ex Michael Fitzpatrick convinced the City of Delray Beach to purchase the land, once purchased the City of Delray Beach realized there was no land access. The deed changed a few times; the City of Delray was informed they must keep the area cleaned. He stated they tried to clean the area by boat, but the debris was still on the vacant land. When the Hurricane came last year, the City of Delray received funds to clean the area but they have not cleaned the vacant land. Mayor Grant asked what can the City do to assist; if the City files a lawsuit and loses; the City would be liable for attorney fees. Mr. Lakhmichand suggested speaking with the City of Delray to postpone the annexation, since the County is a willing seller and he is a willing buyer everyone would be happy with this conclusion. Commissioner Romelus wanted to clarify; there is a deed restriction on the property, which states the space must be maintained as an open space. Mr. Lakhmichand responded the County sold the rights to FDOT and to the Lake Worth Drainage District. 25 Page 149 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 Commissioner Romelus asked the City Attorney if the land has a deed restriction regarding open /green space and nothing else can be developed on the subject property, regardless of the owner of the property. Attorney Cherof stated the conditions of the conveyance states the property shall be used as open green space or for passive park purposes, which may include accessory structures and improvement such as pedestrian passageway, gazebos or shade structures and a temporary docking facility. Commissioner Romelus indicated as of now, under the current ownership, the vacant land could only be used as a green/open space. If the event was to happen where the City of Delray would give it back to the County or sell it to the City of Boynton Beach, is there any way the deed restriction could be lifted. Attorney Cherof noted the County could release the restrictions with the current owners, whether it be the City of Delray, Mr. Lakhmichand or the City of Boynton Beach, this could be done through negotiations. Commissioner Romelus stated the target audience would be with Palm Beach County or the City of Delray Beach; the City of Boynton Beach has nothing to do with this vacant piece of property. Gary Fishman 3504 Diane Drive, said what the City of Delray Beach has done was stolen the land from the City of Boynton Beach, they changed the wording on the deed regarding five year access. He stated at this this time they have a County Commissioner, which see the violation. The neighbors do not want a park, eventually there would be access. This was supposed to be luxury homes with 90 feet frontage to Lake Ida. Mayor Grant stated if Mr. Fishman wanted to file a lawsuit that was his option. The City of Boynton Beach was not going to file a lawsuit nor was it going to file for an annexation. The only thing the Commission would do was to request the City Manager to speak with the City of Delray Beach to see if the Delray was willing to sell the property to the City of Boynton Beach. He does not know if this Commission would move forward with purchasing the land. Mayor Grant indicated the reason why the Commission changed the zoning in Quantum Park was so that they did not want tax-exempt property. Vice Mayor Katz noted there was a failed vote by Boynton Beach, No Access, illegal code violations, and this property carries some financial burden. He wanted to see how this plays out. This was a dispute between the County and the property owner. Mr. Lakhmichand stated the City of Delray does not have a road on the property and no means to get to the property. Vice Mayor Katz, stated Mr. Lakhmichand made a high bid, which Palm Beach County discarded; he was not willing to get the City of Boynton Beach involved in this litigation. 26 Page 150 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 Mr. Fishman stated there are several hundred people in Boynton Beach, which do not want the park. Susan Oyer, 140 SE 127 way, noted she could argue there are people who want an additional park. She asked why the City was giving away land. Vice Mayor Katz responded this was County land, which the City never owned. Commissioner Romules noted she would entertain a conversation with the City of Delray regarding the land. Commissioner McCray was not in favor of moving forward. Commissioner Penserga agreed to contact the City of Delray Beach. There was a consensus for the City Manager to contact the City of Delray. Vice Mayor Katz requested to have an update regarding Town Square by staff at the first Commission meeting of each month. He would like to hear of issues, whether good or bad. He would like to have a standing agenda item each month. Mayor Grant requested every other month. Commissioner McCray agreed it should be every month. The Commission needed to be kept abreast of what is going in regards to Town Square. There was a consensus for the Commission to receive updates regarding Town Square every month, beginning October 1, 2019. Commissioner Romelus asked about the Social Media process. Ms. LaVerriere noted it should be on the next meeting October 1, 2019. 13. FUTURE AGENDA ITEMS A. Quarterly Census updates by Laura Lansburgh, Marketing Manager: December 17, 2019 March 17, 2020 B. Discuss use policy for all City Parks - October 1, 2019. C. Amendment to DROP provisions in City's three pension plans (Ordinance) — October 1, 2019. D. Presentation of a Resolution from the Florida Association of City Clerks, recognizing Judy Pyle's retirement- October 1, 2019. 27 Page 151 of 541 Meeting Minutes City Commission Boynton Beach, Florida September 17, 2019 14. ADJOURNMENT Motion Vice Mayor Katz moved to adjourn; Commissioner McCray seconded the motion that unanimously passed. The meeting adjourned at 9:16 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Justin Katz Commissioner - Mack McCray Commissioner— Christina Romelus Commissioner—Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk Queenester Nieves Deputy City Clerk zs Page 152 of 541 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. 19-106-Approve and authorize the City Manager to sign an Agreement utilizing the City of West Palm Beach Supplemental Staff Agreement with U.S. Water Services Corporation (ITB 16-17-119) for water and wastewater operation and management services thru June 06, 2020 for an amount not to exceed $110,000. The West Palm Beach procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Term: October 1, 2019 - June 06, 2020 Boynton Beach Utilities (Utilities) utilizes U.S. Water Services Corporation (U.S. Water) for the provision of water and wastewater operators to support existing operations in the event personnel deficits cannot be covered internally. Utilities is required to provide licensed operators to staff their water and wastewater facilities as specified in the Florida Administrative Code. The competitive market for these operators in our area has resulted in ongoing vacancies that must be covered either through overtime or by utilizing contract personnel. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval for the use of these contracts will allow for uninterrupted supplementation of water and wastewater operator services. FISCAL IMPACT: Budgeted Funding is available in the FY 19/20 approved budget accounts, 401-2811- 536-49-17($105,000) and 401-2815-536-49-17($5,000). ALTERNATIVES: None. A lack of coverage will negatively impact the operation of the water treatment plants and will result in water quality and regulatory infractions. Recruitment to fill the vacant positions is ongoing. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 153 of 541 ATTACHMENTS: Type Description D Resolution Resolution approving piggy-back Agreement for Supplemental Utilities Staffing D Agreement Piggy-back Agreement with US Water Services Corp D Agreement Agreement Page 154 of 541 I RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 AN AGREEMENT WITH U.S. WATER SERVICES CORPORATION, 6 UTILIZING THE WEST PALM BEACH CONTRACT NO. 19260, 7 PROCUREMENT NO. ITB 16-17-119 IN AN AMOUNT NOT TO 8 EXCEED $110,000.00 ON AN AS-NEEDED BASIS; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 12 WHEREAS,Utilities is required to provide licensed operators to staff their water and 13 wastewater facilities as specified in the Florida Administrative Code; and 14 WHEREAS, the competitive market for these operators in our area has resulted in 15 ongoing vacancies that must be covered either through overtime or by utilizing contract 16 personnel; and 17 WHEREAS, this agreement will provide supplemental staff on an as-needed basis; and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon the 19 recommendation of staff, deems it in the best interest of the citizens and residents of the City 20 of Boynton Beach to approve and authorize the City Manager to sign an Agreement with U.S. 21 Water Services Corporation utilizing West Palm Beach Contract No. 19260, Procurement No. 22 ITB 16-17-119 in an amount not to exceed $110,000.00. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 26 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 27 Section 2. The City Commission of the City of Boynton Beach hereby approves 28 and authorizes the City Manager to sign an Agreement with U.S. Water Services Corporation 29 utilizing West Palm Beach Contract No. 19260, Procurement No. ITB 16-17-119 in an amount C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\731C1AF4-0O23-470E-A6FD-C1D3093F3C08\Boynton Beach.18395.1.Piggy-back -_West Palm_Beach_(Supp_Staff)_US Water Services(2019)_-_Reso.docx Page 155 of 541 30 not to exceed $110,000.00, a copy of which is attached hereto as Exhibit"A" 31 Section 3. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2019. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor—Justin Katz 40 41 Commissioner—Mack McCray 42 43 Commissioner—Christina L. Romelus 44 45 Commissioner—Ty Penserga 46 47 VOTE 48 ATTEST: 49 50 51 52 Crystal Gibson, MMC 53 City Clerk 54 55 56 (Corporate Seal) 57 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\731C1AF4-0O23-470E-A6FD-C1D3093F3C08\Boynton Beach.18395.1.Piggy-back -_West Palm_Beach_(Supp_Staff)_US Water Services(2019)_-_Reso.docx Page 156 of 541 SUPPLEMENTAL STAFF AGREEMENT This Agreement is made as of this day of , 2019 by and between U.S. WATER SERVICES CORPORATION., a Florida Corporation with a principal address of 4939 Cross Bayou Boulevard, New Port Richey, FL 34652 ("US WATER SERVICES"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, Utilities is required to provide licensed operators to staff their water and wastewater facilities as specified in the Florida Administrative Code. The competitive market for these operators in our area has resulted in ongoing vacancies that must be covered either through overtime or by utilizing contract personnel; and WHEREAS, US WATER SERVICES, has agreed to allow the City to piggy-back the City of West Palm Beach Contract No. 19260, Procurement No. ITB 16-17-119 to provide Supplemental Works on an as-needed basis for the City's water and wastewater operation and management services through June 6, 2020 for an amount not to exceed $110,000.00 at prices based on City of West Palm Beach contract; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and US WATER SERVICES agree that US WATER SERVICES shall provide Supplemental Works on an as-needed basis for the City's water and wastewater operation and management services through June 6, 2020 at prices based on the City of West Palm Beach Contract No. 19260,Procurement No.ITB 16-17-119, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to the City of West Palm Beach shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\277E235E-E18D-4745-8798-86ACFE9B447F\Boynton Beach.18396.1.Piggyback (West Palm_Beach_- US Water Services)_Supplemental_Staff Agmt(2019).Docx Page 157 of 541 City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 /Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Section 3. In the event that the City of West Palm Beach Contract is amended, or terminated, US WATER SERVICES shall notify the City within ten (10) days. In the event the City of West Palm Beach Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Page 2 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\277E235E-E18D-4745-8798-86ACFE9B447F\Boynton Beach.18396.1.Piggyback (West Palm_Beach_- US Water Services)_Supplemental_Staff Agmt(2019).Docx Page 158 of 541 Section 4. US WATER SERVICES agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition,including fees, charges or costs,which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the City of West Palm Beach Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney U.S. WATER SERVICES CORPORATION WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Page 3 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\277E235E-E18D-4745-8798-86ACFE9B447F\Boynton Beach.18396.1.Piggyback (West Palm_Beach_- US Water Services)_Supplemental_Staff Agmt(2019).Docx Page 159 of 541 EXHIBIT A AGREEMENT BETWEEN CITY OF WEST PALM BEACH AND U.S. WATER SERVICES CORPORATION Page 4 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\277E235E-E18D-4745-8798-86ACFE9B447F\Boynton Beach.18396.1.Piggyback (West Palm_Beach_- US Water Services)_Supplemental_Staff Agmt(2019).Docx Page 160 Of 541 June 7, 2017 US 'Water Services Corporation 4939 Cross Bayou Blvd. New Port Richey, FL. 34652 Subject: Supplemental Staff Agreement Dear Sirs: Enclosed is an original of the above-referenced document that has been duly executed by the authorized officials of the City of'West Palm Beach for your files. a you, ��'&�WdL) Robin Hewitt Lead Contract Specialist cc: File 401 CLEMATIS STREET P.O. BOX 3366 WEST PALM BEACH, FL 33441 Page 161 of 541 561.822.2100 ^A too -an CITY OFWEST PALM BEACH WEST PALM BEACH SUPPLEMENTAL STAFF AGREEMENT Contract No: 1026O Provider Name: U.S.Water Services Corporation Provider Address: 4Q3QCross Bayou Boulevard New Port Richey, FL 34852 Email: Telephone: 727-848-8202 ` FEkE|N#2@-OOQ8021 Services: Provider shall provide staffing ("Supplemental Workers") on an as-needed basis for the City's Water Treatment Plant and the East Central Regional Water Reclamation Facility for the following job positions: 1. State nfFlorida Certified "A''Water Treatment Operator 2. State ofFlorida Certified °B"Water Treatment Operator 3. State ofFlorida Certified "C"Water Treatment Operator 4. State of Florida Certified°A"Wastewater Treatment Operator 5. State of Florida Certified "B"Wastewater Treatment Operator 8. State ofFlorida Certified "C"Wastewater Treatment Operator T. Project Engineer 8. Maintenance Mechanic The job positions are described in further detail in the City's Invitation for Bid 16-17-119, o copy of which is attached hereto as Exhibit A, and incorporated into this Agreement by reference. No minimum amount of Services are guaranteed bythis Agreement. City Procurement: |T8 16-17-119 Special Tmnnm: 1. The City ofWest Palm Beach Public Utilities Department vesmn/em the right to interview any potential staff and approve Vrdeny placement. 2. : Should an opening for a permanent position within the City come available, the Supplemental Worker may apply for the position. The City reserves the right to hire the Supplemental Worker without any financial obligation hothe Provider. 3. Shift. Water Treatment Operators and Wastewater Treatment Operators mayl be required to work eight (8) ortwelve (i2) hour shifts. 4. Vacation Pay: If a Supplemental Worker qualifies for a vacation under their employment contract with the Provider, the Supplemental Worker shall give the City two (2) weeks' notice before the start ofsuch vacation. The Provider nhmU be responsible for any vacation pay due the Supplemental Worker. Additiona||y, if the assignment is ongoing at the time of the Supplemental Worker's vacation, the Provider shall provide a replacement worker. 5. Overtime: Should any assignment require the Supplemental Worker to work more than forty (40) hours inany given week, the City shall pay anovertime rate equal to1-1/2times the agreed upon hourly rate. O. : o. Provider(s) nhgU be responsible for employment screening, henting, evaluations, edvertining, reoruibmomt, and disciplinary actions involving any Supplemental Worker under this contract. USWater-Supplemental Workforce 1A28O 051617-2 P@Qel162 Of 541 Screening and testing procedures used by the Provider must ensure that the required know|edBe, skills and ab8itiee, and minimum entrance requirements asdetailed Exhibit Aare met. b. Provider(e) shall be responsible for the administration and maintenance ofall employment and payroll nacorda, payroll prooeooinQ, remittance of payroll and to»ey, including the provision for the distributions of payroll time sheets and checks, for all Supplemental Workers provided under this contract, o. Provider(s) mhm|| provide paychecks for Supplemental Workers making deductions required of employers by ntote, federal and local |ows, including deductions for social security and withholding taxes. d. Prnvider(s) sha|| make all contributions for unemployment compensation funds as required by federal and state laws and process claims asindicated. e. Pnovider(m) mho|| ensure Supplemental Workers report on the specified date atthe requested time, kothe appropriate user facility, ready tmcommence work. f. Provider/s\ sha|| agree that the City retains the right to reject orstop time on any Supplemental Worker who fails to perform assigned duties satisfactorily, who is not dressed appropriately for an assignment, who violates any federal, state or local negu|ednm, disrupts the activities of the oa|mg agency to which Supplemental Worker is ansignnd, or for any other reason is considered umenoeptab�|einthe judgment nfthe City. g. Provider(a) aha|| abide by all ordinances and laws pertaining totheir operation and secure all required licenses and permits. h. Prnvider(a) shall be responsible for obtaining all necessary permits, licenses, and/or registration cards, |-Q forms (U.S. Department of Justice, Immigration and Naturalization Service - Employment Eligibility Verification) in compliance with all applicable fedena|, state and local shobuAas pertaining to the services specified herein. Prnvider(o) shall certify in writing that all required documentation is on file in their office, certifying the referrals are eligible for employment inthe United States. i. Provider(s) muetcomp|yvvithaUrequirementmofthe/\mehoenswithDlaabi|itienAct. Location ufServices: 1. City ofWest Palm Beach Water Treatment Plant 2. East Central Regional Water Reclamation Facility City Department: Public Utilities. Service Term: Recurring services: nnamAs-Needed basis. Recurring ommioee to be provided through: Three years from the date of execution of this Agreement bythe City. The Agreement may berenewed for two additional one (1) year terms upon the mutual written agreement ofthe parties. Fees: Hourly rate mnfollows: Job Title Hourly Rate Hourly Holiday Rate 1, State of Florida Certified "A"Water Treatment Operator $72.00 $108.00 2. State of Florida Certified "B"Water Treatment Operator $65.00 $97.50 3, State of Florida Certified "C"Water Treatment Operator $55,00 $82.50 4. State of Florida Certified "A"Wastewater Treatment Operator $72.00 $108.00 5. State of Florida Certified "B"Wastewater Treatment Operator $65.00 $97.50 6. State of Florida Certified "C"Wastewater Treatment Operator $55.00 $82.50 7. ELo ect Engineer $120.00 $180.00 8. Maintenance Mechanic $60,00 $90.00 USWater'Supplemental Workforce 19260 Hourly rates are inclusive of all costs imcluding, but not limited to, the cost of overhead, profit, imsuusnne, taxes, and incidentals. Billing begins atthe time the Supplemental Worker arrives onsite and checks inbuwork. The City will not pay for any travel time toand from the site. Invoice Schedule: 0 Monthly Invoice THIS AGREEMENT ("Agreement") iemade byand between the PROVIDER identified above and the City of West Palm Beach (^Ciky" or^0tiUty"). 401 Clematis Street, West Palm Beech, FL 33401, In consideration of the covenants and conditions set forth in this Agreement, Provider and City agree as follows: 1- Services. Provider shall provide all equipment, materials and labor necessary to provide the services described above (the "8arvimas^), Provider shall render the Services in a diligent, careful and thorough manner consistent with good business practice. Time shall beofthe essence with respect boall matters set forth inthis Agreement. The Services shall be completed, to the City's sotisfaoMon, in accordance with the time frames indicated above. 2. Fee. The City shall pay Provider the Fee indicated above (the "Fee"). The Fee shall be the mu|e compensation paid to provider in connection with the rendition of the Services and the performance of any and all of its other obligations under this Agreement and shall include any out-of-pocket or other axpenoeo, including travel expenses, incurred byProvider. 3. Invoices. Invoices must identify the PO number and shall be submitted to: West Palm Beach Finance Department, Attn: Ar#uunbe Paymb|e, P.O. Box 3300, West Palm Beaoh, FL 33402-3368. Invoices shall show the notmna of the service and dates(s) of service. Umvoi000 based on hourly rates shall show the actual hours vvnrkmd, person performing services, nature of the aemloe' hourly rate, and dotee(e) ofservice. Invoices may be submitted no more equenUythan monthly. Hommver, all services rendered prior toSeptember 3 01 of any given year are required to be invoiced by September 30 t of that year. Provider shall provide W-9 or FE|N#tuCity with first invoice. 4. Pay2me . The Fee shall be paid bayed on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made vvbh[m 45 days of receipt ofo proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70. et o|.. Florida Statutes. No payment made under this Agreement shall be onnn|univn evidence of the performance of this Agreement by pnmvlder, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or incomplete rendition of the Services. 0. Term, This Agreement shall nnmmemn* upon full execution by the parties and continue for a term of three (3) years, unless earlier terminated. The City shall execute this Agreement last, This Agreement may be renewed for two (2) additional one (1) year terms upon the execution ofawritten contract amendment byboth parties. G. Representations,Warranties and Covenants of Provider 8.1 Authority. Provider hereby represents and warrants to the City that it has full power and authority to enter into and fully perform its obligations under this Agreement without the mead for any further corporate or governmental consents or apprnva|a, and that the persons executing this Agreement are authorized toexecute and deliver it. 8.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. 03 No Contingency. Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Pnovider, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Pruvider, any fee, oommiaaion, percenbsge, gift, or any other consideration contingent upon or resulting from the avvond or making of this Agreement. In the event of a breach or violation of this provision by U8Water-Supplemental Workforce 1A20O 051817-2 P@Qe3164Of541 Provider, the City shall have the right toterminate the Agreementwithout liability and, stits discretion, todeduct from the contract fee, or otherwise pernver, the full amount of such fee, commission, penzontage, gdf, or consideration. 7. Standard of Care. The standard of mana for all Services performed or furnished by Provider under this Agreement will be superior to the care and skill ordinarily used by members of Provider's profession practicing under similar circumstances oratthe same time and inthe same locality. B. Compliance with Laws. In the conduct of the Services under this Agreement, Provider shall comply in all material respects with all applicable federal and state laws and regulations and all applicable county and City ordinances and regulations, including ethics and procurement requirements. 9^ Independent Contractor. It is specifically understood that Provider is an independent contractor. /f Provider is a business firm: (i) Provider acknowledges that its employees will not be covered by the City's workers' compensation insurance; (ii) Provider shall be responsible for social seourih/, unemployment and disability taxes and all other payroll taxes due with respect to Provider's employees who provide Services under this Agreement; (iii) Provider shall have no authority to bind City to any contractual or other obligation whatsoever; (|v) Provider shall be responsible to the City for all work orservices performed by Provider, its employees, agents, orsubcontractors under this Agreement. 10.Right to Audit. Provider shall maintain adequate records for the Services performed under this Agreement for five (5) years following completion of the Services, or conclusion of any ||tiQmdnn regarding this Agreement. The City shall have the right tnaudit Provider's books and records, stthe City's expense, upon prior notice, with regard to the Services provided to the City under this Agreement. Provider shall allow the Qty or its representative to interview all current or former employees to discuss matters pertinent to this Agreement, If an audit inspection in accordance with this section discloses overpricing or overcharges (of any nature) by Provider to the City in excess of one-half of one percent (.5%) of the total contract billings, (1) the reasonable costs of the City's Internal Audit department shall be reimbursed to the City by the Provider and (2) a 1596penalty ofthe overpricing or overcharges shall be assessed. Any adjustments and/or payments which must bemade as m result ofthe audit inspection, including any interest, audit costs and penalties mho|| be made by the Provider within 45 days from presentation ofCity's findings to Provider. Failure by Provider to permit such audit shall be grounds for termination ofthis Agreement bythe City. 11. Property Rights. Any work product, including but not limited to reporte, p|one, dnavvings, tracings, oketoheo, photographs. videos, illustrations, presentations, PovverPoint, specNMoatinnm, mapo, computer files, electronic data, and other documents (electronic or paper) prepared or created in the course of the performance of the Services or obtained in the performance of this Agreement, as well as all data oo1|ected, together with summaries and charts derived therefrom, will be considered works made for hire and shall be the exclusive property of the City upon their creation without restriction or limitation on their use and will be made available, upon request, to the City at any time during the performance of such Services. Upon delivery tuthe City ofsaid work product, the City will become the custodian thereof in accordance with Chapter 110, Florida Statutes. Provider will not copyright any material or work product developed under this Agreement. Any reuse of Provider's prepared documents by the City, except for the specific purpose intended henaumder, will be at City's eo|n risk and without liability orlegal exposure to Provider nrits sub-contractors. 12. Insurance. Unless waived in writing below bythe applicable Department Dineutor, Provider shall purchase from and maintain during the term of the 8ervim*n, and all applicable statutes of limitation periods, the following insurance: (o) Comprehensive General Liability insurance in on amount not less than $1,000'000.00 Combined Single Limit per each occurrence and $1.880.080 aggnagah*, with bodily injury |imnito, which may not be subject toaself-insured retention ordeductible exceeding $25.000. J Commercial General Liability Insurance is waived by the Department Director. Dept. Director Signature US Water Supplemental Workforce 1A28O 051617`2 P@Qe4165 Of 541 (b) Worker's Cnnnp*nmaUmn and Employer's Liability Insurance with limits of Employer's Liability Insurance not |aoe than $500.000 "each anukdent" 8500.000 "disease policy limit," and $500,008 "disease each employee" unless an opt out letter in conformance with Florida Statutes. Chapter 440, has been provided tothe City, LJ Provider is the sole owner and/or employer with less than four non-construction employees and opts out of workers' compensation coverage under Florida Chapter 440. Provider understands that Provider must comply with Sao. 440.055, F.S., and other applicable regulations. Provider isonindependent contractor. Provider Signature <c\ Automobile Liability'. Not less than $1,000,000.00 for injuries per person in any one accident or occurrence and $1.008.000.00 in the aggregate for injuries per occurrence or accident, with $18U,0O0.08for property damage in any one accident or occurrence. May not be subject tpa self- insured retention ordeductible exceeding $1Q,BOD. 0 �� Automobi|eLiab0ity |nouranoeiowaivedbythaDepertmemtOireoor, Dept. Director Signature Gelf-inaunamoesha1| notbeaouepteb|o. A|| imounsnuapdiciesehaUbeissuedbyoempaniestNat(a)ereouthorized to transact business in the State of Florida, (b)have agents upon whom service of process may be made in Palm Beach County, Florida,and(o) have a best's rating ofA,Norbetter. Additional Insured: All liability insurance policies shall name and endorse the following ao additional imsuned(a): the ECR Board, the City of West Palm Beach and its commissioners, officers, employees and agents. Insurance:Certificate of Provider shall provide the City Risk Manager with a copy of the Certificate of Insurance and endorsements evidencing the types of Insurance and coverage required prior to the commencement of Services. It is the Provider's responsibility to ensure that the City's Risk Manager and the Department both have ocurrent Insurance Certificate and endorsements etall times. If Provider's insurance policy is a claims made pu|ioy. Provider shall maintain such insurance coverage for a period of five(5)years after the expiration or termination of this Agreement.Applicable coverage may be met by keeping the policies in fonoe, or by obtaining an extension of coverage commonly known as a reporting endorsement oftail coverage. The provisions of this section shall survive beyond the expiration or termination of this Agreement. 13. {ndemnU�(. Provider agrees to indemnify, defend, save and hold harmless the ECR Board, the City. its offioens, agents and employees, from any claim, demand, suit, |ooa, cost or expense for any damages that may he asserted, claimed or recovered against orfrom City, its oommissionenu, officials, employees or agents arising out of or incidental to or in any way connected with Provider's performance of the Services or caused by or arising out of(a) any aot, omiesion, default or negligence of Provider in the provision of the Oemin*n under this AQnaement� /b\ property damage or personal injury, which damage, injury ordeath arises out of or is incidental to or in any way connected with Provider's execution of Sen/ices under this Agreement; or (n) the violation of fedorel, etete, county or municipal |aws, ordinances or regulations by Provider. This indemnification includem, but is not limited to, the performance of this Agreement by Provider or any act oromission of Provider, its ogentm, eerxonta, oontraotoro, petpane, guests or invitees and includes any costs, attorneys' fees. expenses and liabilities incurred in the defense of any such claims or the investigation thereof. Provider agrees to pay all claims and |uaaes and shall defend all suits, in the name of the ECR Board, the C|ty, its employees, and offioerm, including but not limited to appellate proceedings, and shall pay all oomta, judgments and attorneys' fees which may issue thereon. Qty reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all nnotm and fees associated therewith uhu|X be the responsibility of Provider under this US VVatar-Gupp|emenba| Workforce 10280 031817-2 _ P@Qe5166 Of 541 indemnification provision. To the extent considered necessary by the City, any sums due Provider under this Agreement may be retained by City until all of City's claims for indemnification have been nasolved, and any amount withheld shall not be subject to the payment of interest by City. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or otherwise. This paragraph shall not be construed to require Provider to indemnify the City for City's own neg|igenoe, or intentional acts of the City, its agents or employees. Nothing in this Agreement shall be deemed to affect the rights, phvUuQea and sovereign immunities of the City as set forth in Section 768.28. Florida Statutes. This clause shall survive the expiration or termination ofthis Agreement. 14. Termination. 14.1 The City ehsU have the right to terminate this Agreement, in vvho|o or in port' with or without meome, and for its convenience, upon five (5) calendar days written notice to Provider. In the event of termination, the City shall compensate the Provider for all authorized Services satisfactorily performed through the termination date under the payment terms contained inthis Agreement. 14.2 Provider shall immediately deliver all dooumenta, vvhthem information, electronic data and other materials concerning City projects in its possession to the City and obg|| cooperate in transition of its consulting duties to appropriate parties at the direction of the City. 14.3 Upon termination, this Agreement shall have no further force oreffect and the parties shall be relieved of all further liability heneunder, except that the provisions of this Section and the provisions regarding the right to eudit, property rightu, imouronua, indemnification, governing |mvv and litigation ohu|i survive termination of this Agreement and remain in full force and effect. 15. Warrant . Provider shall warrant that the Services shall be free from improper workmanship and/or defective materials for one (1) year from completion. 18. Notices. Notices required hereunder shall be given by written notice sent byregistered U.S. mail, return receipt requested, or byelectronic transmission producing awritten reoord, if to the City. to P.O. Box 3366, West Palm Bearh, FL 33402' attention: City Adminiatrator, and if to Provider, to the address set forth above. 17. Taxes. Provider understands that in performing the Services for the City, Provider is not exempt from paying sales tax to Provider's suppliers for materials required for Provider to perform under this Agreement. Provider shall not be authorized to use City's tax exemption number for purchasing supplies or materials. 18. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. If funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph ahe|| prevent the making of contracts with aterm of more than one year. but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four(24) hours notice to Provider. The City shall bethe sole and final authority aotnthe availability offunds. 19. Lobbying Certification. Provider certifies to the best ofits knowledge and belief that no funds or other resources received from the State in omnmootimn with this Agreement will be used directly or indirectly to influence legislation orany other official action by the Florida Legislature or any state agency. 20. Non Discrimination. Provider shall not discriminate against any person because ofrace, color, reUgion, sex, gender identity or expreaaion, genetic informa0on, national origin, age. disability, familial status, marital status orsexual orientation. 21. Assignment. This Agreement requires the skills and experience ofProvider and may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns. US Water Supplemental Workforce 1Q2GO [� 051617-2 @Qe6167 Of 541 22. Any deadline provided for in this Agreement may be extended, as provided in this penagraph, if the deadline is not met because of one ofthe following conditions occurring with respect to that particular project orparcel: fine, sthke, axp|ooion, power blackout, earthquake, volcanic action, Oood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one of the foregoing conditions interferes with contract performamca, then the party affected may be excused from performance on a day-for-day basis to the extant such party's obligations relate to the performance np interfered with; providod, the party so affected ohe|| use reasonable uffoMo to remedy or remove such causes ofnnn-perfonnenoe. The party so affected shall not be entitled to any additional compensation by reason of any day-for-day extension hereunder. 23. . 23.1 Provider represents that it has not given or accepted a kickback in relation to this Agreement and has not solicited this Agreement bYpayment oracceptance ofa gratuity oroffer ofemployment. 23.2 Provider represents that it has not solicited this contract by payment of gift or gratuity or offer of employment to any official, employee of the City or any City agency or selection committee. 233 Provider represents that itdoes not emp|oy, directly or in0irenUy, the mayor, members of the city commission or any official, department director, head of any City agency, or member of any board, committee nr agency of the City. 23.4 Provider represents that it does not emp|oy, directly or indirecUy, any official of the Qty. Provider represents that it does not emp|oy, directly or indirent|y, any employee or member of any bnand, committee or agency of the City who, alone or together with his household mnmbere, ovvm at least five percent (6%) ofthe total assets and/or common stock ofProvider. 23.5 Provider represents that it has not knowingly given, directly or indirectly, any gift with a value greater than $100 in the aggregate in any calendar year to the mayor, members of the city commission, any department director or head of any City agency, any employee of the City or any City agency, or any member of a board that provides regu|abon, overmight, management orpolicy-setting recommendations regarding Provider orits business. 23.6 Provider nepnaaemto that it presently has no interest and shall acquire no intergmt, either direct or indirect, which would conflict in any manner with its performance under this Agreement. Provider further represents that no person having any interest shall be employed or engaged by it for said Services. 23.7 Provider, its uffioera, pemonmu|, subsidiaries and subcontractors shall not have or hold any continuing or frequently recurring emop|oyment, contractual relationship, business association or other circumstance which may influence or appear to influence Provider's exercise of judgment or quality of the Services being provided under this Agreement. Provider, its mfficora, permonne|, subsidiaries and subcontractors shall not perform consulting work for any third party that would in anyway be in conflict with the Services to be provided to the CRA under this Agreement. 23,8 In the event Provider in permitted to utilize subcontractors to perform any services required by this Agreement, Provider agrees to prohibit such mubcontraotora, by written contract. from having any conflicts eswithin the meaning ofthis section. 24. Public Entity Crimes Act. Provider represents that the execution of this Agreement will not violate the Public Entity Crimes Ant (Section 287.133. Florida Statutaa), and certifies that Provider and its subcontractors under this Agreement have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months from the dab* of submitting a pnmpoae| for this Agreement or entering into this Agreement, Violation of this section may naeu\t in termination of this Agreement and recovery of all monies paid harato, and may result in debarment from City's competitive procurement activities. 25. Unauthorized Aliens, The knowing employment by Provider or its sub-contractors of any alien not authorized to work by the immigration |ewo or the Attorney General of the United States is prohibited and uhoU be m default of this Agreement which results in uni|obaro| termination. Provider further represents that it is not in USWater- Supplemental Workforce 1Q2OO violation of any laws relating to terrorism or money laundering, including Executive Order No. 13224 on Terrorist Financing. 28. Small Business Reguirements. Provider shall comply with the City's 8msU| Business Ordinance set forth in Chapter 00 of the Code of Ordinances of the City of West Palm 8each, which is incorporated herein by this reference. Provider shall comply with the emo|| business commitment contained in Provider's Proposal. Provider shall maintain all relevant records and information necessary to document compliance with the Small Business Ordinance and shall allow the City to inspect and audit such records, 27. Public Records Law. Provider shall comply with Chapter 119. Florida 3tetuhan, regarding public records. Provider shall keep and maintain all documents, records, correspondence, computer files, emails, and/or reports prepared in order to perform the work under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Provider of the request and the Provider shall provide the records to the City orallow the records to be inspected or copied within a reasonable time at the cost that would not exceed the cost allowed by law. All records stored electronically must bgprovided tothe City, upon request, in aformat that is compatible with the information technology systems of the City. Upon completion of the Agreement, Provider shall transfer, at no cost, to the City all public records in possession of Provider or Provider shall keep and maintain all public msonnds. If Provider keeps and maintains public records upon completion of the Agreement. the Provider shall meet all applicable requirements for retaining public records. If Provider transfers all public records to the City upon completion of the Agreement, the Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, Provider mhm|[ ensure that public records that are exempt orconfidential and exempt from public records disclosure are not disclosed. Records, that are exempt or confidential and exempt from public records disclosure requirements may include plana, drawings and records related to the physical security nfCity buildings arsecurity systems and shall not be disclosed by Provider' except as authorized bylaw and specifically authorized by City. If Provider does not transfer the records to the public agency upon completion of the Agreement. Provider shall ensure that exempt and confidential records are not disclosed. Failure of the Provider to provide public records to the City within a reasonable time or a||ovvob|e cost may be subject to penalties under Sec. 119.10. Fla. Stot., and may be cause for termination of the Agreement by the City, in addition to any other remedies available under the Agreement orbylaw. IF THE PROVIDER HAS QUESTIONS REGARDING THE /\PpL[[|ATI{]N OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S [)UT\/ TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY CLERK, WHO IS THE CITY'S CUSTODIAN OF PUBLIC RECORDS, AT: Office of the City Clerk City of West Palm Beach 401 CjeOl8[iG S[nBef West Palm Be8ch, FIL 33401 561-822-1210 ~ CitVC]8rk@VVpb.OrQ. 28. Governing Law. This Agreement shall be construed and interpnated, and the rights of the parties hereto daternmined, in accordance with Florida law without regard to conflicts of law provisions. The City and Provider submit tothe jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern District of Florida. Provider agrees to waive all defenses to any suit filed in Florida booed upon improper venue or /onunn nonoonveniena. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY L|T|GAT|ON, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. 29. Severabilitv. In the event that any term or provision of this ohe|| to any extent be held invalid or USVVoter-Supp|ementa| Workforce 19260 051617-2 P@Qe8l 69 Of 541 unenforceable, it is agreed that the remainder of this Agreement, or the application of such terms or provision to persons mrcircumstances other than those as to which itisheld invalid or unenforceable, shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable bothe maximum extent permitted by law. 30. Waiver. AnyweivorbyyitherpertyberetunfanyVnen/ monaoftheoovenamho. conditione, orpxn/isionuof this Agreement, shall not be construed to be a vvahmr of any subsequent orother breach of the mama or any covenant, condition orprovision ofthis Agreement. 31- Headings. The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting orenforcing this Agreement. 32. Inspector General. Provider is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Provider and its subcontractors and lower tier subcontractors. Provider understands and agrees that inaddition to all other remedies and consequences provided by law, the failure of Provider or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 33. . Any Exhibits attached to this Agreement are incorporated into the terms and conditions of this Agreement. In the event of any conflict between this Agreement and any Exhibits, this Agreement governs. This Agreement embodies the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersede all prior and contemporaneous agreements and underotandinga, ons| or written, relating to the subject matter. This Agreement may only be modified bywritten amendment executed bythe City and Provider. 34. . Except as otherwise specifically provided herein' in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the Procurement So|icitotiomend/erPropoaa|. thepnuviaionsshaUbeQivenpnaoedenoeinthefo||owiogordar: (1)HhisAgroennent, (2) the Procurement Solicitation; and (3) the Proposal. Wherever posaibia, the provisions of the documents shall beconstrued insuch manner astoavoid conflicts between provisions ofthe various documents. IN WITNESS WHEREOF, the pates hereto have made and executed this Agreement as of the day and year last executed below. U.S. CITY QFWEST PALM BEACH 'y Edward Mitchell Geraldine Muoi6, Mayor Vice President &General Manager / Attest: City Clerk Date: . 2017. CITY ICE Approved and legality US Water- Supplemental Workforce 19260 5RAL R PROCUREMENT D T 'r !?gi 'r r ` 401 Clematis Street, 3�`' Floor " w West Palm Beach, FL 33401 4 561-822-2130 W . . �pFax:: 561-822-1564 £CAMhT l®'� Invitation to Bid ITB 16-17-119 Public Utilities Supplemental Workforce The City of West Palm Beach is soliciting one or more qualified and responsible vendors to provide, on an as- needed basis, supplemental public utilities operations and support staff. The Contractor(s) selected under this procurement may be awarded separate contracts with the City of West Palm Beach, and/or the East Central Regional Water Reclamation Facility(ECRWRF)under the terms and conditions of this ITB. Bid documents may be acquired electronically and free of charge by logging onto the City's Procurement Department's website at: http://w qE /De artments/Pro(;L,ireryienti olicitations/Bids-List Hard copies of bid documents may also be acquired from the Procurement Department at 401 Clematis Street, Third Floor,West Palm Beach, Florida 33401 —(561)822-2100. Time is of the essence and any proposal received after 3:00 p.m. on April 12, 2017, whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the time clock located in the office of the Procurement Department, Bids shall be placed in a sealed envelope, marked in the lower left-hand corner with the bid number, title, date, and hour bids are scheduled to be received. offerors are responsible for insuring that their bid is stamped by Procurement office personnel by the deadline indicated. All bids must be delivered or mailed to: City of West Palm Beach Procurement Department Nathaniel Rubel, Procurement Supervisor 401 Clematis Street,3"L Floor West Palm Beach, FL 33401 ENVELOPES CONTAINING BIDS MUST BE IDENTIFIED AS BID 16-17-119. IMPORTANT: Contact by a Contractor, or anyone representing a Contractor, regarding this ITB with the WPB Mayor, any WPB Commissioner, Officer, City employee, ECR Board Member, ECR Board alternate Member, Commissioner or official of the governing body of any ECR Member, or any Officer or Employee of any ECR Member, other than an employee of the WPB Procurement Department, is grounds for disqualification. Contact with the WPB Procurement Department is for clarification purposes only. NV, i publish Date: March 10,2017 rank Hayden f Director of Procuremen ITB 16-17-119 1 Page 171 of 541 Table of Contents SECTION I — SCOPE OF WORK..................................................... ....................................... 3 SECTION 2 — SPECIAL TERMS..........................................._ .............................................. 30 SECTION 3 — MINIMUM QUALIFICAITONS, and EVALUATION FACTORS ............... .......... 32 SECTION 4 — INSTRUCTIONS TO BIDDERS........................... ............................................ 33 FORM B1 — BID PACKAGE COVER SHEET............... ..._......... ........... ......................... 39 FORMB2 — BID............................................... .................................................................. .... 40 FORM B3 —SCHEDULE OF BID ITEMS ................................................................................ 42 FORM B7 — LIST OF REFERENCES...................................................................................... 43 FORM 138 —AFFIDAVIT OF PRIME BIDDER.......................................................................... 44 FORM B9 — DRUG FREE WORKPLACE CERTIFICATION ................................................... 46 FORM 1311 (SB02) — SUBCONTRACTORS LISTING............................................................. 47 FORM B12 (SB01) —STATEMENT OF SMALL BUSINESS PARTICIPATION....................... 48 FORM 1313 (SB03) — LETTER OF INTENT....................................................................... ..... 49 EQUAL BENEFITS CERTIFICATION FORM.......................................................................... 50 ITB 16-17-119 Page 17� of 541 ti '= S s,+v i�v W f I f_'A I NA,, i:I[ F'x 4 11 � SECTION I — SCOPE OF WORK Introduction: The Public Utilities Department is responsible for the Water Treatment Plant, the East Central Regional Water Reclamation Facility (ECRWRF), and the reclaimed water systems. This includes operation and maintenance of all the water lines, fire hydrants, pump stations, sewer lines, and lift stations in our service area. The Department supports wastewater and water laboratories which are HRS certified and NELAC certified for a range of parameters. other services provided include billing, customer service, the Mayor's Response Team, dispatch, and a fiscal and administrative services division. In addition, the Department electricians maintain all six stormwater pump stations and the Water Resources Division restores and maintains approximately 2.5 square miles of preserves along with 25 linear miles of canals and berms, and the City's reservoirs Lake Mangonia and Clear Lake. The East Central Regional Water Reclamation Facility (ECRWRF) is a 70 million gallons per day (mgd) conventional activated sludge secondary treatment plant. The ECRWRF has a five member Board with representatives from each member utility; The City of West Palm Beach, Riviera Beach, Labe Worth, Town of Palm Beach, and Palm Beach County. The City of West Palm Beach Public Utilities has the operation and maintenance responsibility for the facility. Portions of the plant's secondary effluent are discharged to a high-level disinfection facility capable of delivering 22 mgd to meet industrial cooling water demands at the Florida Power and Light West County Energy Center. The balance of secondary effluent is discharged to deep injection wells. Background: The Water Treatment Plant and ECRWRF are undergoing multiple major construction projects which cause for alternative operational strategies and monitoring. This along with a high turnover rate, pending retirements, and a staff in which the majority are trainees; the City of West Palm Beach is seeking supplemental certified operators to help maintain regulatory compliance and assist with various operational projects. Scope of Work: The City of West Palm Beach is requesting additional State of Florida certified water and wastewater treatment operators, engineering and office staff, and other skilled positions. The additional operators would work alongside and in some instances supervise current operations staff. The City of West Palm Beach Public Utilities Department is requesting unit price per hour for each position listed below: Operations: *Operations supplemental staff will be required to work:12 hour shifts 1. State of Florida Certified"A"Water Treatment Operator 2. State of Florida Certified "B"Water Treatment operator 3. State of Florida Certified "C"Water Treatment operator 4. State of Florida Certified"A"Wastewater Treatment Operator 5. State of Florida Certified"B"Wastewater Treatment operator 5. State of Florida Certified "C"Wastewater Treatment Operator Engineering and office Staff: 7. Secretary 8. Project Engineer 9. Customer Service Representative 10. Customer Relations Specialist Skilled Staff: 11. Maintenance Mechanic 12. Utilities Electrician 13. Utilities Controls Technician 14. Laboratory Technician 1 15. Laboratory Technician 11 15, Laboratory Technician III ITB 15-17-119 3 Page 173 of 541 17. Heavy Equipment Operator 18. Maintenance Worker 19. Meter Service Technician | 20� Meter Service Technician || 21� Meter Service Technician III 22. Utility Locator The City of West Palm Beach Public Utilities Department reserves the right to interview any potential staff and approve or deny placement. The City reserves the right to moqwan\additional staff for utility related positions mut specifically mentioned inthis ITB. Supplemental to Hire: Should an opening fora permanent position within the City come available, the supplemental worker may apply for this position. The City reserves the right to hire this supplemental worker without any financial obligation to the Contractor. Vacation Pay: If a supplemental worker qualifies for e vacation under their employment contract with the Contnaotor, that employee will give the City two (2) weeks' notice before the start of such vacation. The Contractor shall be responsible for any vacation pay due the employee, Additionally, if the esoi8mmnmt is ongoing at the time of employee's v000Uon. the contractor will provide replacement employee. Overtime: Should any assignment require the supplemental employee to work more than forty(40)hours in any given week, the City shall pay anovertime rate equal &u1-1/2times the hourly rate specified inthe contractor's bid, Contractor Responsibilities: 1. Contractor(s) shall be responsible for employment screening, tos0mQ, ovaluatiums, advertimimg, reoruitment, and disciplinary actions involving any supplemental contracted personnel under this contract. Screening and testing procedures used by the contractor must ensure that the required know|edQe, nk|||o and abilities, and minimum entrance requirements as detailed in the bid specifications are met. 2. Contractor(s) shall be responsible for the administration and maintenance of all employment and payroll reuurdm, payroll proceuaing, remittance nfpayroll and taxes, including the provision for the distributions of payroll time sheets and ohooka, for all supplemental contracted personnel provided under this contract. 3. Contnaotor(o) aha|| provide paychecks for supplemental contracted personnel making deductions required of employers by state,federal and local laws, including deductions for social security and withholding taxes. 4. Contractor(e) she|| make all contributions for unemployment compensation funds as required by federal and state laws and process claims as indicated. 5. Contractor(s) shall ensure employees report on the specified date at the requested time, to the appropriate user facility, ready tncommence work. G. Cuntraotmr(o) shall agree that the City retains thehBhttomejootnrmhoptim* omanysupp|amente| contracted personnel who fails to perform assigned dudes satisfactorily, who is not dressed appropriately for an maaigmment, who violates any fedena|, state or |ooe| regu|atiom, disrupts the activities nfthe using agency towhich supplemental contracted personnel iaassigned, orfor any other reason is considered unacceptable in the judgment of the using agency, 7. Contractor(s) shall abide by all ordinances and laws pertaining totheir operation and secure all required licenses and permits. ITB 16-17-119 _4 Page 174 Of 541 8. Contractor(s) shall be responsible for obtaining all necessary permits, licenses, and/or registration cards, 1-9 forms (U.S. Department of Justice, Immigration and Naturalization Service - Employment Eligibility Verification) in compliance with all applicable federal, state and local statutes pertaining to the services specified herein. Contractor(s) shall certify in writing that all required documentation is on file in their office, certifying the referrals are eligible for employment in the United States. 9. Contractor(s) must comply with all requirements of the Americans with Disabilities Act. It is specifically understood that Provider of supplemental worker(s) is an independent contractor. If Provider is an individual: (i) Provider is not an employee of the City: (fi) this Agreement is not a contract of employment and that no relationship of employerlemployee or principallagent is or shall be created nor shall exist by reason of the performance of the Services under this Agreement, (iii) Provider will not be eligible to participate in any employee benefit maintained by the City; (iv) Provider will not be covered by the City's workers'compensation insurance; (v) Provider will be solely and exclusively responsible for payment of all taxes due in respect of all compensation and/or other consideration received by Provider under this Agreement. If Provider is a business firm: (i) Provider acknowledges that its employees will not be covered by the City's workers'compensation insurance; (ii) Provider shall be responsible for social security, unemployment and disability taxes and all other payroll taxes due with respect to Provider's employees who provide Services under this Agreement; (iii) Provider shall have no authority to bind City to any contractual or other obligation whatsoever; (1y) Provider shall be responsible to the City for all work or services performed by Provider, its employees, agents, or subcontractors under this Agreement. Job Descriptions Operations 1. State of Florida Certified "A" Water Treatment Operator(Water Plant Operator 111) Summary: Under limited supervision, oversees and performs a variety of complex duties to ensure a safe and adequate supply of water in accordance with City, federal and state standards; and performs related duties as assigned. Essential Functions: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) An employee in this class performs complex technical and skilled work to provide safe, potable water for The City of West Palm Beach and its environs. This is done through the operation and minor maintenance of water treatment plant, water storage tanks, pump stations and associated facilities. Work involves collecting water lab samples, performing required analysis and tests; checking chlorinators and other plant machines and equipment; and reading meters, gauges and dials. Work also involves monitoring potable water levels in ground storage tanks. Employee is responsible for maintaining records of readings, making more complex adjustments and minor repairs to equipment and fixtures as required, and maintaining accurate records. Employee may also assist in training and coordinating the work of lower-level Water Plant Operators. Employee must exercise independent judgment and initiative in completing assignments. Employee must also exercise tact and courtesy in frequent contact with co- workers and supervisors. Duties and Responsibilities: (Which are not in any hierarchical order) 1. Monitors SCADA equipment and maintains proper surveillance of all plant processes, equipment and controls to ensure efficient operation of the plant. 2. Monitors process variables, making changes as determined by flow, controls, instrumentation analysis, calculations, and visual observations; calibrates equipment; adds chemicals; monitors and participates in shut-downs and start-ups of equipment as directed. 3. Reviews logs and notes to evaluate condition of water plant at beginning of shift. 4. Collects and analyzes water samples from a variety of sources on a regularly scheduled basis or upon request. ITB 16-17-119 Page 179 of 541 5. Adjusts orrocalibraheu laboratory equipment, chemical feeds, and pressures based onwater sample analysis. G. Monitors, adjustand cleans filter system toensure proper functioning, 7. Monitors and performs routine preventive maintenance of equipment and cleaning of chemical rooms, 8. Maintains supplies, chemicals and parts, and ensures that na|a0sd paperwork and invoices are processed. A. Uploads chemicals from tanker trucks,filling tanks amnecessary. 10. Assists in performing preventive and emergency maintenance on equipment. 11. Performs regular inspections of the plant, feci|itiea, pump stations, storage 1am4a and supporting equipment to ensure proper operating condition at all times; maintains detailed records of findings concerning conditions and status or state of all equipment in assigned area. 12. Logs information associated with water plant status per shift assignment(s) to ino|ude, but not limited to: production log sheets/bookn, filters operations log sheet/booka, treatment operations log sheets/books, sludge pmooaoim0 log aheot/bouk, and other application log books applicable to the Public Water Supply System journal. 13, Performs related work eorequired. Knowledge, Skills, and Abilities: • Considerable knowledge of water operational systems, principles and practices. w Considerable knowledge of C|ty, federal and state nu|es, ragmUationn, practices and procedures related hothe operation and administration ofwater systems, • Considerable knowledge of occupational hazarda, beaUth, safety and environmental poNoies, precoutinna, and procedures associated with water plant operations and related activities. m Knowledge of recordkeeping and file maintenance practices and procedures. ° Working knowledge ofchemistry aaapplied towater treatment. * Ability to use computer system(s) operated by the Qty and department for monitoring plant and distribution system operations, including computerized maintenance management systems (C|WKHS); pn*paring, completing and closing work orders as required. ° General knowledge ufasset management procedures and processes; best business practices for water treatment plant operation, m Skill in safely responding to hea|th, safety, and environmental incidents oremergencies. * Skill in safely maintaining and operating water plant systems, equipment and machinery. w Skill inthe safe use ofhazardous chemicals. • Skill in utilizing verbal and written communication and the ability to keep accurate naomrdm in the development and preparation ofreports and presentations, • Ability to establish and maintain effective working relationships with those ouniaohod in the course of work. Environment:Physical Requirements and Work Work involves long hours with exposure to loud noiaaa, chemioa|a, toxic fumea, air and waterborne pothogane, and mechanical equipment during the operation and inspection of facilities and equ|pment, with the ability to detect mechanical or operational problems. There is frequent need to stand, stoop, walk,,sit, climb in high areas and on catwalks, lift heavy objects (up to 50 pounds) and perform other similar actions during the course of the workday. The City of West Palm Beech promotes and maintains a drug/alcohol free work environment through the use of mandatory pre-employment and random drug testing for certain employees. Minimum Qualifications: High school diploma or GED supplemented by vocational and/or technical training in vvahar treatment plant operations, biology, chemistry, or bacteriology and five (5) years experience involving water plant operations and equipment maintenance, or any equivalent combination of training and experience. Associate degree in biology, chemmistry, science or related field, preferred. Must possess and maintain State of Florida Department of Environmental Protection Water Treatment certification, Class A. A valid Florida driver's license and CDL is required. Avo|id driver's license from any stmt* (equivalent to m State of Florida Class E) may be utilized upon application; with the ability to obtain the State of Florida driver's license within 30 days from day of appointment ITB 16-17-119 P � @Q� �79Of541 2. State nfFlorida Certified "B"Water Treatment Operator(Water Plant Operator 11) Under limited eupervsion, oversees and performs o variety of complex duties to ensure a safe and adequate supply ofwater im aocondomuo with City, federal and state standards; and performs related duties aoassigned. Functions:Essential (Essential functions, eodefined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) An employee in this class performs responsible technical and skilled work in the operation and minor maintenance ofwater treatment plant, water storage tonka, pump otabmmo and associated facilities. Work involves performing required analysis and tests; checking chlorinators and other plant machines and equipment; and reading meters, gauges and dials. Work also involves monitoring potable water levels in ground storage tanks. Employee is responsible for maintaining records of needinga, making chemical adjustnente, maintaining accurate records, and maintaining equipment and fixtures as required. Employee must exercise independent judgment and initiative in completing assignments. Employee must also exercise tact and courtesy in frequent contact with co-workers and supervisors. Duties and Responsibilities: (Which are not/nany hierarchical order) 1. Reviews logs and notes to evaluate condition of water plant at beginning of shift. 3. KAomiKure computer SCADA equipment toensure efficient plant operation; maintains pump status and reservoir levels. 3. Collects and analyzes water samples from avariety ofsources on a regularly scheduled heeio or upon request. 4. Monitors and maintains proper surveillance of all plant processes, equipment and controls to ensure efficient operation ufthe plant, pump stations and storage tanks. 5� Adjusts or recalibrates laboratory equipment, chemical feeds, and pressures based on wateraample analysis. O. Monitors, adjusts and cleans filter system buensure proper functioning. 7. Performs regular shift inspections of the plant, 0eci|itiem, and supporting equipment to ensure proper operating condition at all Unmea| maintains detailed records offindings. 8. Monitors and performs routine preventive maintenance of equipment and cleaning of chemical rooms. Q. Inventories, orders, and receives supplies. 10. Uploads chemicals from tanker trucks and stores in bulk storage tanks;fills day tanks as necessary. 11. Prepares and submits required records, logs and reports. 12. Assists in performing preventive and emergency maintenance on equipment. KNOWLEDGE, SKILLS AND ABILITIES: ° General knowledge ofwater treatment operational systems. • Knowledge of City, federal and state ruleo, reQu|ationo, practices and procedures related to the operation and administration ofwater systems. o Knowledge of health, safety and environmental policies, precautions, and procedures. • Knowledge ofchemistry onapplied towater treatment. ° Knowledge of recordkeeping and file maintenance practices and procedures, w Ability torecognize breakdowns inwater treatment plant equipment. � Ability to use computer ayahem(n) operated by the City and department for monitoring p|mmtmmd distribution system uperetiuma, including computerized maintenance management systems (CKAMS); preparing, completing and closing work orders msrequired. ° Ability to exercise independent judgment in making decisions and coordinating the proper operation ofequipment kzproduce water. w Skill in safely responding to hoa|th, uafoty, and environmental incidents oremergencies. * Skill in safely maintaining and operating water plant systems, equipment and machinery. * Skill inthe safe use ofhazardous chemicals. ° Skill in utilizing verbal and written communication in the development of reports and presentations. ITB 16-17-119 PZ @Q� �7/ Of 541 • Ability to establish and maintain effective working relationships with those contacted in the course of work. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves long hours with exposure to loud noises, chemicals, toxic fumes, air and waterborne pathogens, and mechanical equipment during the operation and inspection of facilities and equipment, with the ability to detect mechanical or operational problems. There is frequent need to stand, stoop, walk, sit, climb in high areas and on catwalks, lift heavy objects (up to 50 pounds) and perform other similar actions during the course of the workday. The City of West Palm Beach promotes and maintains a drug/alcohol free work environment through the use of mandatory pre-employment and random drug testing for certain employees. MINIMUM QUALIFICATIONS: High school diploma or GED supplemented by vocational and/or technical training in water treatment plant operations, biology, chemistry, or bacteriology and three (3) years experience involving water plant operations and equipment maintenance, or any equivalent combination of training and experience. Associate degree in biology, chemistry, science or related field, preferred. Must possess and maintain State of Florida Department of Environmental Protection Water Treatment certification, Class B. A valid Florida driver's license and CDL is required. A valid driver's license from any state (equivalent to a State of Florida Class E) may be utilized upon application; with the ability to obtain the State of Florida driver's license within 30 days from day of appointment. 3. State of Florida Certified "C"Water Treatment Operator(Water Plant Operator) Summary: Under limited supervision follows a defined training program in water treatment to a certified operator, performs daily tasks and maintenance of the water facility, and performs related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.} DUTIES AND RESPONSIBILITIES: (which are not in any hierarchical order) 1. Receives training assignments from the Lead Operator. 2. Checks the condition of the water plant at the beginning of the assigned shift by reviewing logs and notes. 1 Assists or performs analysis of incoming water and outgoing water to ensure proper quality. 4. Make adjustments necessary to maintain quality as directed. 5. Checks levels of sludge thickener to ensure consistent feed of sludge waste polymer. 6. Checks the depth of sludge in the basins to ensure proper levels are maintained. 7. Performs regular tests for leaks of chlorine and other dangerous chemicals. 8. Backwashes filters to ensure proper filtration by removing trapped particulate. 9. Observes, trains, and assists in performing preventive and emergency maintenance on equipment. KNOWLEDGE, SKILLS AND ABILITIES: • Knowledge of the principles and practices of water systems. • Knowledge of the proper methods and techniques used in cleaning, repairing, and maintaining water systems equipment, • Knowledge of the federal, state, and local rules, regulations, policies and procedures regarding the operation and administration of water systems. • Knowledge of occupational hazards and safety precautions. • Skill in operating water systems machinery in a safe and capable manner. • Skill in using hand and power tools, • Skill in the proper use of hazardous chemicals. • Ability to obtain and maintain required certification as a water plant operator. • Ability to follow oral and written instructions. • Ability to follow safety practices and recognizes hazards. ITB 16-17-119 Page 1A of 541 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT:Work involves performing moderate work in all types of weather, There is occasional need to stand, stoop, walk, lift moderately heavy objects(up to 50 pounds)and perform other similar actions during the course of the workday. The City of West Palm Beach promotes a drug/alcohol free work environment through the use of mandatory pre-employment drug testing. MINIMUM QUALIFICATIONS: High school diploma from an institution recognized by the Florida Department of Education, or GED, and one (1) year related experience, or any equivalent combination of training and experience. Must possess State of Florida Water Treatment Plant Operator Class C certification. A valid Florida driver's license, required. 4. State of Florida Certified "A"Wastewater Treatment Operator(Wastewater Plant Operator 111) SUMMARY: Under limited supervision, performs a variety of duties to provide for the proper treatment of wastewater in accordance with federal, state, and local standards; and performs related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not in any hierarchical order) 1. Monitor and observe plant operating conditions, monitor plant SCADA system, record observations and data in shift log, and follow process control procedures for assigned areas. 2. Collect water, wastewater, and sludge samples from various plant locations, perform designated laboratory procedures, and calibrate laboratory equipment as required, 3. Adjust chemical feeds as necessary based on the results of sample analysis. 4. Monitor and adjust wastewater treatment equipment (e.g., pumps, mixers, blowers, etc,) to ensure proper functioning. 5. Monitor and adjust sludge dewatering process equipment, including belt filter presses, gravity belt thickeners, conveyer belt systems, and associated equipment, 6. Perform regular tests for leaks of chlorine and other dangerous chemicals to ensure safe and adequate levels. 7. Perform routine maintenance and cleaning of plant equipment. 8. Assist in the training activities of wastewater plant operators and trainees. KNOWLEDGE, SKILLS AND ABILITIES: • Knowledge of the principles and practices of wastewater treatment. • Knowledge of the proper methods and techniques used in cleaning, repairing, and maintaining wastewater treatment equipment. • Knowledge of the federal, state, and local rules, regulations, policies and procedures regarding the operation and administration of wastewater systems. • Knowledge of occupational hazards and safety precautions. • Skill in operating wastewater systems machinery. • Skill in the proper use of hazardous chemicals. • Skill in utilizing public relations techniques in responding to inquiries and complaints. • Ability to follow safety practices and recognizes hazards. • Ability to obtain and maintain required certification as a wastewater operator. • Ability to follow oral and written instructions. ITB 16-17-119 Page 178 of 541 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves long hours with exposure to loud noises, chemicals, toxic fumes, air and waterborne pathogens, and mechanical equipment during the inspection of facilities and equipment. There is a frequent need to stand, stoop, walk, sit, climb in high areas and on catwalks, lift (up to 50 pounds) and perform other similar actions during the course of the workday. The City of West Palm Beach promotes a drug/alcohol free work environment through the use of mandatory pre-employment drug testing. MINIMUM QUALIFICATIONS: High School Diploma orGED required, Associates Qogn*e preferred and five (5) years related experience, or any equivalent combination of training and experience. State of Florida Wastewater Operator license"4" is required. S. State of Florida Certified "B" Wastewater Treatment Operator(Wastewater Plant Operator 11) SUMMARY: Under limited supervision, performs a variety of duties to provide for the proper treatment of wastewater in accordance with federal, state, and local standards; and performs related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following teo&m, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and tasks performed by incumbents of this clnooj DUTIES AND RESPONSIBILITIES: (which are not/nany hierarchical order) i� Monitor and observe plant operating conditions, monitor plant GCAOAaymt*m. record observations and data in shift log, and follow process control procedures for assigned areas. 2. Collect water, waahewator, and sludge samples from various plant |Vnotimne, perform designated laboratory proueduree, and calibrate laboratory equipment an required. 3, Adjust chemical feeds as necessary based on the results of sample analysis. 4. Monitor and adjust wastewater treatment equipment (e.g., pumpe, mixern, blowers, etc.) to ensure proper functioning. 5. K8omihnr and adjust sludge dewatering process equipmont, including belt filter pnamseu, gravity belt thickeners, conveyer belt systems, and associated equipment. 8� Perform regular tests for leaks of chlorine and other dangerous chemicals to ensure aofn and adequate levels. 7. Perform routine maintenance and cleaning nfplant equipment, 8. Assist in the training activities of wastewater plant operators and trainees. ABILITIES:KNOWLEDGE, SKILLS AND • Knowledge ofthe principles and practices cfwastewater treatment. • Knowledge of the proper methods and techniques used in u|eaming, nepoiring, and maintaining wastewater treatment equipment, w Knowledge ofthe federal, utaUa. and local ru|en, regulatiome, pmiio|em and procedures regarding the operation and administration ofwastewater systems. ° Knowledge ofoccupational hazards and safety precautions. • Skill in operating wastewater systems machinery. ^ Skill |nthe proper use ofhazardous chemicals. * Skill in utilizing public relations techniques in responding to inquiries and complaints. = Ability(ofollow safety practices and recognizes hazards, � Ability to obtain and maintain required certification as owastevvetor operator. w Ability tofollow oral and written instructions. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves long hours with exposure to loud noises, chemicals, toxic fumes, air and waterborne pathogens, and mechanical equipment during the inspection offacilities and equipment. There iaafrequent need hzstand, stoop, walk, sit' climb in high areas and on catwalks, lift (up to 50 pounds) and perform other similar actions during the course of the workday. The City of West Palm Beach promotes a drug/alcohol free work environment through the use ofmandatory pre-employment drug testing. [TB 16-17-119 Page @Q� �UU Of 541 MINIMUM QUALIFICATIONS: High School Diploma orGED required, Associates Degree preferred and three (3) years related experience, mrany equivalent combination oftraining and experience. State of Florida Wastewater Operator license"B^ isrequired, 8. State ofFlorida Certified "C"Wastewater Treatment Operator(Wastewater Plant Operator|) SUMMARY: Under limited supervision, performs ovariety ofduties toprovide for the proper treatment ofwastewater im accordance with federal, state, and local standards; and performs related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knovWeuge, uk0a and other characteristics, This list is ILLUSTRATIVE ONLY and is not o comprehensive listing of all functions and beuAn performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not/nany hierarchical order) 1. Monitor and mbeen/o plant oponadmQ conditiono, monitor p|antSCADA sysbenm, record observations and data in shift log, and follow process control procedures for assigned areas. 2, Collect wobar, waetevvater, and sludge samples from various plant locations, perform designated laboratory procedures, and calibrate laboratory equipment me required. 3. Adjust chemical feeds aanecessary based onthe results ofsample analysis. 4. Monitor and adjust wastewater treatment equipment (o.g., punupa, mixmru, blowers, eh:.) to ensure proper functioning. 5. Monitor and adjust sludge dewatering pnzuema equipment, including belt filter prenooa. gravity belt thickeners, conveyer belt systems, and associated equipment, 6. Perform regular tests for leaks of chlorine and other dangerous chemicals to ensure safe and adequate levels. 7. Perform routine maintenance and cleaning o/plant equipment. 8. Assist inthe training activities ofwastewater plant operators and trainees. KNOWLEDGE, SKILLS AND ABILITIES: ° Knowledge ofthe principles and practices ofwastewater treatment. * Knowledge of the proper methods and techniques used in o\eaning, repeidng, and maintaining wastewater treatment equipment. • Knowledge of the federeU, state, and local ru|ea, ragulatioma, policies and procedures regarding the operation and administration ofwastewater systems. • Knowledge Vfoccupational hazards and safety precautions. • Skill |noperating wastewater systems machinery. * SW|| in the proper use cf hazardous chemicals. ° 8N|| in utilizing public relations techniques|n responding to inquiries and complaints. ° Ability tofollow safety practices and recognizes hazards. w Ability toobtain and maintain required cer§fiootonana wastewater operator. � Ability hzfollow oral and written instructions. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves long hours with exposure to loud noises, chemicals, toxic fumes, air and waterborne pathogens, and mechanical equipment during the inspection of facilities and equipment. There is o frequent meed to mtamd, stonp, vvo|k, sit, climb in high areas and on nmhwa|kn. ||ft (up to 50 pounds) and perform other similar actions during the course of the workday. The City of West palm Beach promotes e drug/alcohol free vvods environment through the use of mandatory pre-employment drug testing. MINIMUM QUALIFICATIONS: High school diploma or GED from on institution recognized by the Florida Department of Education, and one (1) year related experience, or any equivalent combination of training and experience. State of Florida Wastewater Operator license"C" is required. 4 valid State of Florida driver's license is required. A valid driver's license from another state (equivalent to the State of Florida Class E driver's license) may be utilized upon application with the ability to obtain the State cfFlohdadriver'sUcenmawithin30deyafrnmdehoofennp|oyment. ITB 16-17-119 11 Page 181 Of 541 Engineering and Office Staff 7. Secretory SUMMARY: Under limited mopervioion, performs o variety of secretarial and clerical functions for one or more staff/management personnel following established procedures and practices; and performs related dudes as assigned. ESSENTIAL FUNCTIONS: (Essential functions, an defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not o comprehensive listing of a// functions and tasks performed by incumbents of this deuoj DUTIES AND RESPONSIBILITIES: (which are not/nany hierarchical order) 1. Greets the public; answers, screens, directs or refers incoming calls, mail and visitors. 2. Lugo, routes to appropriate authority orhandles citizen complaints. 3. Screens and schedules appointments. 4. Cmmpmnmn, types, tnannnribee, and edits a variety of correspondence, neports, mnemmramda, and other material from written draft ordictation. 5. May transcribe minutes and dictation requiring the understanding mfcomplex terminology, G. P|omn, schedules, composes agenda, attends and takes minutes of committee rnoetingy, hearings and conferences. 7. Prepares purchase orders; maintains inventories, and orders office supplies and materials. 8. Maintains,tracks, and processes invoices and budgetary expenditures. 0. Prepares and records liens and satisfactions. 10. Prepares budgetary information and spreadsheets. 11. Sets upand maintains manual and automated filing systems. 12. Processes a variety of human resources documents including hiring naquio|t|ono, appraisals, promotions, attendance records and payroll input forms. KNOWLEDGE, SKILLS AND ABILITIES: • Knowledge of the City's governmental organization, policies and procedures. ° Knowledge ofgeneral office procedures, methods and equipment. m Knowledge of public re|mk|one/oustomarsenioe pr|noip|eo, practices and techniques. ° Knowledge ofevariety ofcomputer software, including mmnd'prooesainQ, opmaadahoet, and presentation applications. ° Knowledge ofbasic accounting orbusiness practices and methods. • Skill intyping,word-processing and dictation. = Skill in operating a variety of office equipment, including personal computers, telephones, calculators, computer terminals, dictaphome, and typewriters. w SN|| in preparing and maintaining accurate reoordo, reports, and files. • Skill |nhandling and prioritizing multiple projects. • Skill in coordinating oeiendano, appointments, room assignments,etc. * Skill inunderstanding and following oral and written directions. * Skill in utilizing public relations techniques in responding toinquiries and complaints. � Ability to establish cooperative work relationships with those contacted in the course of work. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves light work in an office setting. There is frequent need to stand, stoop, walk, sit, occasionally lift light objects (up to 25 pounds) and perform other similar actions during the course of the through the use of mandatory pre-employment and random drug testing for certain employees. ITB 16-17-119 92 MINIMUM QUALIFICATIONS: High school diploma from an institution recognized by the Florida Department of Education, or GED, and three (3)years of clerical or office experience, or any equivalent combination of training and experience. A current and valid Florida driver's license and a State of Florida Notary Public may be required depending upon the area ofassignment, 8. Project Engineer SUMMARY: Under limited eupenvinion, pedbnnn professional engineering services; and performs related dudes as eaoignod. ESSENTIAL FUNCTIONS, (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not a oun?pnphens/vo listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not inany hierarchical order) 1. Performs professional engineering services for the design of various projects within the City to include paving, dm|nage, sanitary, street lighting, traffic systems, construction projeots, and capital improvement projects. 2. May supervise City staff or outside consultants providing the services of design nevievv, construction, and inspection ofprojects. 3. Meets with dnveiopers, representatives from other agencies, and City staff to resolve iauuaa related to the design and construction of projects to mnmuna projects meet the requirements of the City's standards and specifications. 4. Performs engineering studies and calculations related to assigned area of responsibility. 5. Manages and monitors contracts with outside consultants and contractors. Q. Reviews and approves construction plans, reports and studies. 7. Meets with, responds to, and resolves community and organizational questions mo|abyd to design of projects. & Authors and edits technical specifications, contract documents, and cost estimates. Performs analysis of costs for projects. Q. Reviews, approves and processes change orders for projects. 10. Prepares status reports ondesign projects. 11. Reviews and modifies contract documents including schedule cf bid items. Evaluates and approves contractor pay requests. 12. Visits construction sites toobserve progress and quality ofprojects under construction projects. 13. Drafts City Commission Agenda Items for management review and approval. KNOWLEDGE, SKILLS AND ABILITIES: w Knowledge of principles and techniques of supervision, budgeting and project management. ° Knowledge ofstandard engineering practices. ° Knowledge the principles ofmathematics. w Knowledge of surveying, mapping, cost estimating, construction design, and contract negotiation, ° Knowledge of city standards and specifications for design and construction projects. ° Skill in analyzing complex issues and developing and implementing an appropriate response. • Skill in interpreting engineering construction plans, specifications and contract documents. * Skill in responding appropriately to issues and concerns voiced by contractors and the community. • Skill in analyzing and evaluating information oouura#a|y. and in expressing ideas oloor|y' when providing oral orwritten reports and recommendations. ° Ski|| inaasign|ngamdmonitodngUheworkcfCitystaffemdmondoringoontrectors. m Skill in inspecting construction projects for compliance with specifications and codes. • Skill in using general office equipment such as computers, fax, copier, calculator and phone. ° Skill in interpreting and negotiating professional service and construction contracts. ITB 16-17-119 13 Page 183 Of 541 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves sedentary to light work |ncm office setting. There is frequent need to eit, talk or heer, stand, walk, use hands to finger, handle or feel, reach with hands and amna and |Ut light items (up to 10 pounds). There is occasional need to perform work outdoors with exposure to weather when performing on-site inspections of projects. There is occasional need to climb or balance, stoop, kneel, craw|, or crouch and perform other similar actions during the course of the workday. The City cfWest Palm Beach promotes o drmg/a|ooho1-free mmda environment through the use mfmandatory pre-employment drug testing. MINIMUM QUALIFICATIONS: Bachelor's degree from an accredited college or university with a major in Civil Engineering or related field and Engineer in Training Certificate from the State of Florida, or any equivalent combination oftraining and experience.Avalid Florida driver's license. Q. Customer Service Representative SLIMMARY* Under limited oupenim|om, this position provides constant customer support for all mnp*ote of utility accounts; activo1am, updatea, and closes accounts; maintains paperwork and mainframe database for customer accounts records; heavy interaction with internal and external customers which requires underatamdimg, influencing and cooperation from the work group and the chain of command. Impact within City's utilities aomioeareo� may perform other duties ns assigned. ESSENTIAL FUNCTIONS: (Essential/bnobhno' as defined under the American with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and tasks performed by incumbents of the class.) DUTIES AND RESPONSIBILITIES: (which are not/nany hierarchical order) 1. Heavy interaction with internal and external customers via telephone and in person to open and close customer utility accounts; using some judgment according to approved procedures to calculate depauiko, charges and oredita� prepares customer app|ioatiom, certificates of deposit, official receipts and other paperwork required for computer input to maintain mainframe database to assure accurate customer account billing. 2. Researches and resolves concerns with billing questions, delinquent collections, doposite, returned checks, inspections and muinhynenow| uses judgment in issuing work orders for inapectiona, according to understanding from customer on account issues. Customer impact extends beyond the city limits. 3. Heavy interaction with city wide internal and external customers via telephone and in person regarding updates and maintenance ofmainframe computer data and hand copy files, work orders, logs, and reports associated with various customer service business transitions. 4� Dispatches assignments to outside personnel via two-way radio. 5� BenerabeV, completes and maintains historical information for appropriate customer service records retention. 0. Tracks and mumltora, via computer and reports work oamigmmoanta within the department to emmupa completion ofsame. KNOWLEDGE SKILLS AND ABILITIES: ° Knowledge and skills inusing effective customer service practices. • Knowledge ofbookkeeping orbasic accounting methods. ° Knowledge mfpayment processing and receipt processing procedures. w Skill in using computer and specialized software applications for customer accounts, m Skill inusing common office machinery and equipment. ° Skill inusing mathematical computations used inaccounting. ° Skill inboth verbal and written communications. • Skill |nfollowing written and oral instructions. • Ability to establish and maintain effective working relationships with internal and external customers, inside and outside the work group. ITB 16-17-119 Page @Q� �U4 Of 541 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT:Work involves sedentary to light work in an office setting. There is frequent need to stand, stoop, walk, sit, lift light objects (up to 10 pounds) and perform other similar actions during the course of the workday. The city of West Palm Beach promotes a drug/free work environment through the use of mandatory pre-employment drug testing. MINIMUM QUALIFCATIONS: High School diploma or GED and 2 years customer service experience in a related field, or any equivalent combination of training and experience. 10. Customer Relations Specialist SUMMARY: Under limited supervision, provides positive customer relations by assisting in difficult customer situations with regards to citizen's concerns and requests; monitors computer and radio systems to ensure public utilities functions are working properly; interacts with customers to rectify complaints; dispatches work crews to undertake necessary repairs or services; documents task accomplishments and prepares reports on system and repair activities; manages telephone inquiries from all City Departments, with the exception of fire and police, after normal duty hours,; may perform related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not in any hierarchical order) 1. Answers telephones, asks relevant questions and directs phone calls to other departments or agencies or inputs issues in the City's 311 Action System. 2. Monitors and logs all communications, enters information on forms and computer equipment, and prepares reports as needed. Keeps tracking log of all requests for information and services, 3. Researches and responds to citizens requests for information and services. Processes and sends out follow up cards to customers and follows up daily with citizens and department heads. 4. Using radio and telephone equipment, dispatches public works field personnel, including emergency repair crews as requested by public works supervisors, the public or other City of West Palm Beach departments. 5. Monitors computer telemetry systems, security systems, nature center's security system, and alerts response personnel to alarms. 6. Facilitates response to emergency and critical matters as reported. 7. Responds to after-hours customer service inquires and coordinates service response with appropriate division and interacts with City's customer information system. 8. Assigns all types of work orders to field personnel, and provides assistance in locating underground utilities on systems maps. 9. Monitors weather and advises crews of storms or other weather conditions using weather tracking system. 10. Maintains knowledge of health department regulations pertaining to sewage spills for boil water notification. 11. Attends job related training courses to improve and/or enhance job performance, including training to effectively handle after-hours customer service functions. 12. Observes standard operating procedures and safety practices. 13. Performs related duties as assigned. KNOWLEDGE, SKILLS AND ABILITIES: Ability to handle special projects of diverse nature as assigned. • Ability to interface effectively with the general public to solve customer concerns. • Ability to organize work and to determine priorities. Ability to problem solve and make decisions. Ability to communicate effectively orally and in writing. Ability to demonstrate good listening skills. Ability to establish and maintain effective working relationships with supervisors, peers, employees, and members of the general public. ITB 16-17-119 15 Page 185 of 541 • Ability to learn monitoring communications,telemetry and weather equipment. • Ability to learn the use of two way radio operations, radio ten signals and various telecommunication devices. • Ability to learn utilities operations and computer related software. • Ability to work effectively under stressful situations. • Ability to work independently or in a team atmosphere. • Ability to work nigh/day shifts and during emergency situations. • Skills in customer service, human relations and communications. • Skills in recording information accurately. • Skills in the basic capabilities and functions of data input application software. • Skills in using general office equipment such as telephone, fax, duplicating machines, copiers and computers. • Skills in record keeping. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves detailed concentration for long periods of time in a modified office environment. There is a frequent need to sit, talk or hear, use hands to finger or type, close and color vision required during the course of the workday. There may be occasional need for light lifting. The City of West Palm Beach promotes a drug/alcohol free work environment through the use of mandatory pre-employment drug testing. This position may also require the use of City vehicles on City business. Individuals must be physically capable of operating the vehicles safely and have an: acceptable driving record. MINIMUM QUALIFICATIONS: High School diploma, or GED and two (2) years telecommunications customer service experience, customer relations experience, or related field, or any equivalent combination of training and experience. Experience in utilities customer service, preferred. Ability to type at least 25 wpm.A valid Florida driver's license is required. Skilled Staff 11. Maintenance Mechanic SUMMARY: Under close supervision, performs duties associated with repairing and maintaining wastewater collection and water distribution systems, City park amenities or City athletic fields, performs duties associated with the installation, troubleshooting and maintenance of irrigation equipment, systems and small pumps; and performs related duties as assigned.This position may lead a small crew of workers. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills and other characteristics). This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of a// functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not in any hierarchical order and may vary based on assignment) 1. Determines type and quantities of materials required to perform and complete job assignments and arranges for timely delivery to job sites. 1 Inspects parks grounds, athletic fields, and buildings to determine need for repairs or preventative maintenance. 3. Inspects playground equipment to determine compliance with ADA (Americans with Disabilities Act) and OSHA (Occupational Safety and Health Association) Standards and other safety codes, Repairs equipment, as required. 4. Performs minor repairs to parks buildings such as painting, caulking, repairing drywall, installing drop ceilings and rewiring lighting fixtures. Paints and repairs park entry signs. 5. Locates, excavates and repairs or replaces damaged or malfunctioning equipment. 6. Repairs and maintains water distribution and wastewater collection systems. 7. Repairs and replaces valves, fire hydrants, water service lines, sewer lines, manholes, air release valves and structures. ITB 16-17-119 1 Page 186 of 541 8. Participates in water distribution and metering system repair and installation of mains, pipmUnes, mnetera, hydnauts, valves, curb stops and related system components. 9. Prepares road and applies asphalt when construction is complete. Bets road base to proper compacting and sets asphalt. 10. Repairs sidewalks and driveways and finishes concrete osrequired, 11, Maintains ponds and lake fountains ioinclude removing debris. 12. Maintains athletic fields (grass and clay) to include lining, mowimg, fartii|zinQ, watering, packing mounds and repairing sod. 13. Operates a pressure washer 10 maintain sidewalks and concrete apauu. 14. Operates trucks and construction and maintenance equipment as necessary to complete work projects; ohouka equipment for proper oarviuing, operation and safety and reports defects to oupen/imor� maintains inventory oftools and equipment. 15. Installs street barricades and cones prior to the performance of construction and repair activities; direct and control traffic around work sites. 16. Maintain records related to particular area of assignment; may input and reou|| information into o computer terminal. 17. Delivers and sets upequipment for special events. 18. Uses acetylene torches, welding equipment, electrical and gas powered hand too|u, manual hand tools, and pressure washer|nthe performance ofduties. 19. Responds to questions from the public regarding field or parks condition and status of repairs. 20. Observes standard operating procedures and safety practices. KNOWLEDGE, SKILLS AND ABILITIES: ° Knowledge of operational characteristics of fire hydrants, valves and water meters. • Knowledge of tools and mechanical equipment used in maintenance and repair work. ° Knowledge of Federal, State and local laws, and standards governing area of responsibility. w Knowledge ofsafe shoring and trenching practices, ° Skill in using and operating hand tools, mechanical equipment, and power \mo|m and equipment required howork inasafe and efficient manner. • Skill in operating bobcats and five-gang mower when assigned to grounds work. = Skill in performing basic omrpentry, electrical and welding duties when assigned to parks maintenance. w Skill imreading engineering drawings nrblueprints. ° Skill inidentifying unsafe conditions and taking corrective action. w Skill in troubleshooting and assessing problems and determining most effective methodofnepeir. * Skill in communicating effectively with others. • 8kU| in dealing effectively with the general public. w Ability to establish and maintain effective working relationships with those contacted in the course of work. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves considerable physical activity in an outdoor setting. There is frequent need to walk, stend, reach with hands and armm, use the hands to finger, handle or feel, a&uup, kmee|, crouch or oraw|, climb or balance and lift heavy objects (up to 50 pounds) and perform other similar actions during the course of the workday, Work involves occasional need to sit, talk or hear, taste or smell. The City of West Palm Beach promotes a drug/alcohol- freeworkenvironmen{(hroughfheuseofmondatorypre-emp|oymentdrugkasXing. MINIMUM QUALIFICATIONS: High School diploma or GED and two (2) years experience inthe repair and maintenance of water distribution ayotermm, wastewater collection systems, pumping systems, irrigation ayatemo, facilities maintenanoe, or any equivalent combination of training and experience. Valid Class ''D~ Florida driver's |ioemne, and a Commercial Driver's Doenee, Class B may be required depending upon area ufassignment. ITB 16-17-119 17 Page 187 Of 541 12. Utilities Electrician SUMMARY: Under limited nupan/im|on. maintains the electrical and instrumentation systems at the water and wastewater treatment plants and lift stations; and performs related duties esassigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the /b&xming tasks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and /s not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not inany hierarchical onder) 1. Provides maintenance and required repairs on e|oothoa| oynh*ma in water and wastewater treatment plants and lift stations including 4160 volt switch gear, radio controlled and computerized motor controls and programmable controllers and other related electrical equipment. 2. Orders replacement parts and equipment. 3. Performs record keeping and maintains files on work performed and schedule for maintenance or repair. 4. May assist in the installation of electrical comduit, wire oyatemm, motor components and related electrical devices. 5, Observes standard operating procedures and safety practices. G. Responds to emergency Galls for service on a call-out basis and works outside normal working hours as needed. KNOWLEDGE, SKILLS AND ABILITIES: * Knowledge of electrical circuits. • Knowledge of wastewater collection and operation' wastewater and utilities facilitates construction and mo|nhemanoa, and related rules, regulations, ordinances and laws. * Knowledge ofproper use oftools and safety practices, • Knowledge ofCity policies and procedures, * Knowledge ofmachinery, pumps and motors, ° Knowledge ofoccupational hazards and necessary safety precautions applicable to maintenance and repair ofelectrical equipment and circuitry, * Skill in responding quickly to critical situations, and carry out work assignments as instructed. ° Skill imreading and interpreting schematics and blueprints. ^ Ability to install, troub|*ahoot, repair and operate electronic and electrical equipment and related cirnu|try, oomnputmra, and other related equipment. w Ability to communicate effectively orally and in writing and to effectively operate two way radio. • Ability to establish and maintain cooperative work relationships With those contacted in the course of work. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: VVodx involves standing, wa|NmQ long distenooa, stooping, kneo|ing, orouuh[ng, or crawling, and reaching with hands and arms, The employee may also berequired to sit, climb orbalance, gnanp, push and pull. The employee is exposed to outside elements, and must be able to work below ground |aweiu, dimnb, and run. Work requires light to heavy lifting. The City of West Palm Beach promotes m drug/alcohol free work environment through the use of mandatory pre-employment drug testing. This position will also require the use of City vehicles on City business. Individuals must be physically capable of operating the vehicles safely and have on acceptable driving reoord. MINIMUM QUALIFICATIONS: High school diploma from on institution recognized by the Florida Department of Education, or GED, and four (4) years experience as an industrial o|ectrioian, or any equivalent combination of training and experience. A Journeyman Electricians' license or higher level and mve|id Florida driver's license are required. ITB 16-17-119 Page @Q� �OO Of 541 13. Utilities Controls Technician SUMMARY: Under limited mupom/iaiom, repoim, installs, and provides preventive maintenance service ofelectronic instruments and automation systems including pneumatic and hydraulic systems; utilities and is familiar with the computerized maintenance system; may hoed o team of technicians to provide oemiowu throughout the Utilities 0opartmomt, coordinates jobs and tasks of personnel; and pedbmne related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and /s not e comprehensive listing of all functions and tasks performed by incumbents of this dauoj DUTIES AND RESPONSIBILITIES: (which are not/nany hierarchical order) 1� P|ans, assigns, and coordinates imste||u1imn, mointenenoe, oe8brobon, basting and repair work on the electronic instrumentation, hydraulic and pnoummodo, and automation systems of the treatment plants and lift stations. 2. Provides meaistennm to inmtaN, start-up, modify, and maintain computer hardware and software in the utilities department. 3. Creates upcoming work orders vie the computer system, and tracks and updates status of work orders, and generates required reports, 4� Evaluates proposals, drawings and specifications for instrumentation and telemetry modifications. 5. Repairs telemetry and automation systems by troubleshooting, identifying and procuring necessary replacement parts and/or upgrades eoappropriate. G. Attends Division meetings to plan and schedule work and to exchange information on work status. 7. Trains and requires employees to observe safe working practices,and ensures availability of required safety equipment. & Provides training for employees on the job and determines outside training courses for them. Q. Attends job related training to improve job knowledge and/or enhance job performance, 10. Documents changes made to electrical and instrumentation progroms, schematic druwinga, and operations and maintenance manuals. 11. Assists electrical team to install, maintain, test, and repair plant electrical systems. KNOWLEDGE, SKILLS AND ABILITIES: w Must be knowledgeable of occupational hazards and safety precautions found in maintenance and repair work. • Knowledge of the theory, practice, materials, tools, and equipment used in the field of instrumentation and control. w Must have knowledge of the principles of phyoiuo, pneumatics hydraulics,, magnedcu, s|ecthnmi and electronics and related control systems. • Knowledge of computer hardware and aoftware, including microcomputer disk operating syehame. spreadsheet, data base management systems and other applications. � Knowledge ofwater and wastewater plant operations. � Knowledge of the troubleshooting techniques in the instrumentation control field. ° Skill inrecognizing and solve problems ofacomplex nature. m Gk||| in supervising technical personnel; ability to plan and schedule work and preventative maintenance. � Skills incomputer operations and record keeping. � Ability to understand electrical and o|eoinznio dooiQnm, and repair circuit boenda, and troubleshoot circuits and hause oscilloscopes and other test equipment. ° Ability toconduct component level troubleshooting. ° Ability tocommunicate effectively orally and in writing. m Ability toestablish and maintain effective working relationships with supervisors and team members. ITB 16-17-119 n] Page 189 Of 541 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves standing, vvoWng long diatmnoea, stooping, kneelinQ, crouching, or crawling, and reaching with hands and arms. The employee may also be required to sit, climb orbalance, gnyap, push and pull. The employee is exposed to outside elements, and must be able to work below ground lave|e, n@mb, and nun. Work requires light to heavy lifting. The {}My of West Palm Beach promotes a dmg/a8coho[ free work environment through the use of mandatory pre-employment drug testing. This position will also require the use of City vehicles on City business. Individuals must be physically capable of operating the vehicles safely and have an acceptable driving history. MINIMUM QUALIFICATIONS: High school diploma orGED from an educational institution recognized by the State of Florida Department of Education and three (3) years na|ehad experience preferably in industrial instrumentation and uonbm|a expahenue, or any equivalent combination of training and experience. A valid Florida driver's license is required. Formal bodo school or military training with emphasis in mathematics and physics is highly desirable. Associates degree from on accredited college with specialized training in electrical, electronics, or instrumentation technology is highly desirable. ISA Certification imhighly desirable. 14. Laboratory Technician ) SUMMARY: Under close supervision parfunna routine ma||eution, sampUmg, and analysis of water from water plant, distribution system and catchment area for City water quality-, and performs relateddut|eaasasm|gned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list /o ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (Which are not/nany hierarchical order) 1. Assists in collection of water samples and data to keep plant operations informed and process controls. 2. Performs analytical testing ofchemicals and water quality toobtain data necessary inmaking process control adjustments. 3. Collects and analyzes water samples from catchment, residential or business location sites. 4. OisinfeGtanurfaoee and performs bacteriological tests ofsamples collected daily. 5. Prepares distilled water, brut (cu|turoa), autoclaves equipment, and sterilizes equipment. 6. Collects annual copper and lead samples, 7. Prepares data for Quality Assurance. 8. Prepares reagents, inventories and stocks chemicals and laboratory supplies. 0. Attends meetings and training classes. KNOWLEDGE, SKILLS AND ABILITIES, ° Knowledge of basic microbiology and chemistry methods, practices and procedures. * Knowledge oflaboratory equipment, methods, measurements, and practices. » Knowledge ofhealth and safety regulations and procedures. • Knowledge of mixing chemicals. � Skill |nutilizing health and safety precautions inthe collection and analysis cfwater samples, p Skill in safely performing laboratory testing, conversions,titration' chemical ono|ysis, and pH ranges. = Skill |naccurately performing and recording basic math calculations and data. " Ability to establish and maintain effective working relationships with those contacted in the course of work. ITB 16-17'119 Page @Q� ��U Of 541 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves long hours with exposure tu loud noises, chemicals,toxic fumes, air and waterborne pathogens, andmoohanicm|oquipmonidudnB0he collection and analysis of water samples and mixing of chamn|ua|u. with the ability to detect water quality problems, There |ufrequent need to stand, stoop, walk, eit, climb in high areas, lift moderately heavy objects (up to 50 pounds) and perform other similar actions during the course of the workday. The City of West Palm Beach promotes a drug/alcohol free work environment through the use of mandatory pre- employment drug re'emp|oymentdru8 tenting. MINIMUM QUALIFICATIONS: Associate's Degree from aoaccredited college with amajor imChemistry, Microbiology, or Wastewater Management and one (1) year related experience collecting and analyzing water samples, orany equivalent combination of training and experience. AvaQd Florida driver's license is required, 15. Laboratory Technician U SUmMMARY:. Under close supervision performs routine oo||eotion, samp|inQ, and mmmlyein nfwater from vvutnr p|ent, distribution system and catchment areeforCitywaberqueiity; amdperfonnonefateddutiosos assigned. ESSENTIAL FUNCTIONS: (Essential functions, no defined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list i; ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (Which are not/nany hierarchical order) 1. Plan and participate in routine sample collection. Plan and perform skilled.analysis of water samples according toestablished testing, reporting, and QAQCprocedures. 1 Perform quantitative and qualitative laboratory ena|yeoo of water and biono|idn for chemical and microbiological contaminants according to protocols accepted by EPA and Standard Methods. Typical analyses may include: Level 1 analyses AND: atomic absorption, sulfate, chlorine demand, oil and grease, nitrate, nitrite, ammonia, phosphate,fluoride, TKN,TP, process control topics, microbiological testing, and TOC. ' 3. Perform strict QAOO procedure including calibration of inotnumemta, emo|ydnQ standards, keeping logs, creating graphs, and performing statistical analysis ofdata, 4. Operate and perform more advanced maintenance on laboratory instruments and sampling equipment. Capable of trouble- shooting problems and perform minor repairs as needed. Ability to know when to call outside repair technicians and offer suggestions for most cost effective repair options. 5. Record, oo|ou|at*, and compile data utilizing computerized software including spreadsheet and word processing software. Develop LIMS templates and extract data from LIMS for various reports. Identify trends and make recommendations for process improvement. Q. Coordinate with all Technicians to guide and facilitate the smooth operation of the lab. Track supplies and proactively report purchasing needs. 7. Work with a variety of hazardous materials including dhnmina|o, so|manbo, and biohazards using appropriate safety precautions. Conduct safety surveys. 8. Perform other job functions eaassigned. KNOWLEDGE, SKILLS AND ABILITIES: • Knowledge of basic microbiology and chemistry methods, practices and procedures. ° Knowledge of laboratory equipment, methods, measurements, and practices. • Knowledge ofhealth and safety regulations and procedures. m Knowledge ofmixing chemicals. » Skill in utilizing health and safety precautions in the collection and analysis of water samples, * 8h||| in safely performing laboratory testing, nonw*minno, titration, chemical mno|yein, and pH ranges. � Skill in accurately performing and recording basic math calculations and data. ° Ability to establish and maintain effective working relationships with those contacted in the course of work. |T818-17'11A Page @Q� ��1 Of 541 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves long hours with exposure to loud noises, chemicals, toxic fumes, air and waterborne pathogens, and mechanical equipment during the collection and analysis of water samples and mixing of chemicals, with the ability to detect water quality problems. There is frequent need to stand, s(oop, wa|h, sit, climb in high areas, lift moderately heavy objects (up bo5Qpounds) and perform other similar actions during the course ofthe workday. The City of West Palm Beach promotes o drug/alcohol free work environment through the use nfmandatory pre- employment drug testing. MINIMUM QUALIFICATIONS: Associate's Degree from an aoomodihsd college with a major in Chemiatry, Microbiology, or VVambawabar Management and three (3) years related experience collecting and analyzing water samples, or any equivalent combination of training and experience. A valid Florida driver's license is required. ALTERNATE REQUIREMENTS: Bachelor's degree inbiology, chemistry, environmental science ora closely related field and two(2) years ofexperience aaa Level 1 Technician. 18. Laboratory Technician III Under close supervision performs routine co||eotion, senmp|ing, and onm\yaia of water from vvabar p|smt, distribution system and catchment area for City water quality; and performs related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined underthe Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list 6n ILLUSTRATIVE ONLY, and is not m comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (Which are not/nany hierarchical order) 1. 8ohedo|o, p|um and execute routine and complex sample noUeotoma. Plan and perform skilled analysis of water samples according to established testing, reporting, and QAQC procedures. 2. Perform quantitative and qualitative laboratory analyses of water and bioso|ida for chemical and microbiological contaminants according to protocols accepted byEPA and Standard Methods. Typical analyses may include: Level I and 2 analyses AND: ion chromatography, )CP, apeotrophotornetry, surfactants, gas-liquid chromatography, toxicity tests, and jar testing. Ability to extrapolate jar testing results toprocess improvement. Ability to trouble-shoot microbiological mnu|yoom and interpret results. 3. Perform athotOAOC procedure including calibration of instruments, analyzing standards, keeping logs, creating graphs, and performing statistical analysis ofdata. 4. Operate and perform more advanced maintenance on laboratory instruments and sampling equipment. Moderate trouble- shooting ability with the ability to perform moderately complex repairs and process changes as needed. Ability to know when to call outside repair technicians and offer suggestions for most cost effective repair options. 5. RVcVrd, oo|ou|ete, and compile data utilizing computerized software including spreadsheet and vvund processing software. Develop L|MS templates and extract data from LlK48for various reports. Identify trends and make recommendations for process improvement. Conduct backlog reviews and prioritize data input and review. 8. Coordinate with all Technicians tmguide and facilitate the smooth operation of the lab. Track supplies and proactively report purchasing needs. Suggest equipment specifications for major equipment and supplies needed. 7. Work with s variety of hazardous materials including uhamioa|s, solvents, and biohazards using appropriate safety precautions. Conduct safety surveys. Guide and educate staff on safety matters and topics. 8. Perform other job functions eaassigned. m Knowledge ofbasic microbiology and chemistry methods, practices and procedures. w Knowledge of laboratory equipment, methods, measurements, and practices. ^ Knowledge ufhealth and safety regulations and procedures. ° Knowledge ofmixing chemicals. ITB 16-17-119 Page @Q� 1960f 541 ° Skill in utilizing health and safety precautions in the collection and analysis of water samples. ° Skill in safely performing laboratory testing, conversions,titration, chemical analysis, and pH ranges. * Skill in accurately performing and recording basic math calculations and data. ° Ability to establish and maintain effective working relationships with those contacted in the course of work. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves long hours with exposure ho loud noises, chemicals, toxic fumes, air and waterborne pathogens, and mechanical equipment during the collection and analysis of water samples and mixing of chemicals, with the ability to detect water quality problems. There is frequent need to stamd, stoop, wolk, sit, climb in high apaua. lift moderately heavy objects (up &o5Opounds) and perform other s[mi|areoionmduhnQthmomureenftheworkday. ThoCityof West Palm Beach promotes e drug/alcohol free work environment through the use cfmandatory pre- employment drug testing. MINIMUM QUALIFICATIONS: Associate's degree from an accredited college with amajor in Chemnietry. Microbiology, Environmental Sciences, or Wastewater Management and five(5)years related experience collecting and analyzing water samples, or any equivalent combination of training and experience. A valid Florida driver's license is required. 17. Heavy Equipment Operator SUMMARY: Under limited supervision, operates e wide variety of heavy equipment (depending on the area of assignment) to repair and maintain cana|a, roadways or right-of-woyo, water distribution, wastewater collection or stormwater lines, transport wastewater sludge; and performs related duties as assigned, ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasm. knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not a connpnyhmnoke listing of all functions and &yaka performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not/nany hierarchical order) 1. Loads equipment ontransport. 2. Drives truck todeliver equipment tojob site. 3. Unloads equipment atjob site. 4� Operates heavy equipment (e.g.' front-end |oader, tractor tns||er, bulldozer, backhoe, flat-bed or tanker truck)1osupport avariety cfconstruction and maintenance projects. 5. Grades canal banks. 0. Operates tiger and ouagmowers tomaintain canal banks. 7. Per-forms nrschedules preventive maintenance onassigned equipment. 8. Performs mahuuu construction end/or maintenance tasks (e.g. hauling trash and dmbho, repairing asphalt, building catch basin, mowing canal banks, repairing sidewalks) KNOWLEDGE, SKILLS AND ABILITIES: • Knowledge of operation of a variety of heavy and medium equipment and vehicles. ° Knowledge ofcommon hand and power tools. • Knowledge of machinery, equipment and tools necessary for the maintenance of public areas. w Knowledge ofoccupational hazards and safety precautions. * Knowledge ofbasic preventive maintenance onassigned equipment. m Skill infollowing oral and written instructions. � Skill inoperating and working around moving equipment. � Skill incommunicating effectively, orally and inwriting. ° Ability tofollow safety practices and recognizing hazards. ° Ability to establish cooperative work relationships with those contacted in the course of work. ITB 16-17-119 23 Page 193 Of541 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT:Work involves moderate hoheavy work im all types ofweather. There iofrequent need tostand, stoop, walk, lift heavy objects(up to5Opounds) and perform other similar actions during the course of the workday. The City of West Palm Beach promotes a drug/alcohol free work environment through the use of mandatory pre-employment drug testing. MINIMUM QUALIFICATIONS: Eighth grade education and three(3)years of experience relevant 1othe aee|gnment, or any nqu|va\mm1 combination of training and experience. Possession of e Commercial driver's license or certifications specific to the assignment may be required. 18. Maintenance Worker SUMMARY: Under close supervision, maintains the City parks and recreational areas, City buildings and facilities; maintains and repairs park amenities such as fences, tables or playground equipment; and performs related duties nsassigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following teaks, knowledge, skills and other characteristics. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (which are not/nany hierarchical order) 1� Picks up trash, debris and tree limbs from public parks and recreational areas and otherCityfeoi|itioa. 2. Maintains and repairs City faoiUities, perk amenities, for examp|e, fenmsn, tables, playground equipment ordrinking fountains annecessary. 3. Cleans, mops and sanitizes public naotnooma; cleans, sanitizes and deodorizes naatrooms. 4. Sweeps and vacuums carpeting and floors using manual and power equipment. 5� yWopo, scrubs, mmxes, shompoon, and spot cleans carpeting and floors. G, Empties waste cans and ashtrays. 7� Cleans woodwork,walls, and windows using common household equipment and cleaning products. 8. Sets upand breaks down for meetings and special events. Q. Sweeps sidewalks and entryways. 10� Cleans and dusts offices. 11. Performs minor maintenance work such as changing light bulbs, repair fixtures, and furniture, 11 Keeps equipment and supplies imorder and requests more when needed. 13. Maintains exterior offacility clean including trash pickup. 14. Maintains recreation equipment, such mnbasketball nets, oourta. ehc., amnmquired. KNOWLEDGE, SKILLS AND ABILITIES: ° Knowledge of machinery, equipment and tools necessary for the maintenance of public areas, • Knowledge nfcustodial practices and procedures. w Knowledge ofoccupational hazards and safety precautions. ° Skill inperforming heavy manual labor inonoutdoor environment, • Skill in following oral and written instructions. * Skill inusing hand and power tools, m Ability to establish cooperative working relationships with those contacted in the course of work. PHYSICALREQUIREMENTS AND WORK ENVIRONMENT: Work involves moderate to heavy work n all types cf weather. There is frequent need to stand, stoop, walk, lift heavy objects(up to 50 pounds) and perform other similar actions during the course of the workday. The City of West Palm Beach promotes a drug/alcohol free work environment through the use of mandatory pre-employment drug testing. MINIMUM QUALIFICATIONS: Eighth grade oduomdom and six (G) months of ground maintenance experience raquirad, or any equivalent combination of training and experience. May require a valid Florida driver's license. ITB 16-17-119 Page @Q� ��4 Of 541 19. Meter Service Technician I SUMMARY: Under close super-vision, performs a variety of routine manual labor regarding water distribution activities, including but not limited to, reading meters manually and via Automated Meter Reading (AMR) performing uploads and down loads of handheld device, meter service inspections to determine and perform maintenance requirements. Clean and grade meter boxes, replace lids, test and repair meters, generate and complete work orders manually and/or with the assistance of a computerized hand held device, perform manual labor and all other related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES. (Which are not in any hierarchical order) 1. Reads and records meter reading for assigned routes manually/via AMR; maintains accurate readings, 2. Performs maintenance at meter service area (cleans & grades meter boxes, replace lids, etc.); maintains & clears meter service area of obstructions and debris; dig and backfills trenches; clears and restores job site to original condition. 3. Inspects meter boxes for illegal connections, damage or other relevant maintenance requirements, 4. Test meters using specialized equipment. 5. Assists in installing meters at meter service areas; test water meters for accuracy. 6. Create and complete work orders, 7. Recognize and support all safety rules, 8. Operates vehicles and job related equipment (tools): air compressors, paving breakers, pipe saws, drills, hand power tools, forklifts, and any other related equipment; transport workers, equipment, & material to worksite; maintain and assist work group with cleaning vehicles. 9. Assist with the assembly of directional signage, signals, markers, and flags regarding work site protection; acts as flagman when necessary. 10. Performs related duties as assigned. KNOWLEDGE, SKILLS AND ABILITIES: (Based on area of assignment) • Knowledge of geographical layout and street location of service areas. • Knowledge of occupational hazards and safety precautions. • Knowledge of machinery, equipment and tools necessary for the maintenance of public utilities. • Knowledge of common hand and power tools, • Knowledge of basic preventive maintenance on assigned equipment. • Knowledge of personal computer application and use. • Skill in reading street and general mathematical computations, • Skill in following oral and written instructions. • Skill in reading street maps, street signs, and meters accurately and entering information into a computer or handheld device accurately. • Skill in operating and working around traffic and moving equipment. • Skill in interpersonal relationships and effectively communicating with customers. • Ability to take direction. • Ability to adhere to safety precautions, maintain a safe working area; while recognizing occupational hazards. • Ability to locate meter direction (north, south, east, west) by abbreviation. • Ability to perform heavy manual labor for extended periods in adverse weather conditions. • Ability to establish and maintain effective working relationships with those contacted in the course of work. • Ability to operate a personal computer and/or handheld device. • Ability to perform data entry functions. ITB 16-17-119 25 Page 195 of 541 PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves moderate to heavy physical activity in a primarily outdoor setting under all types pfweather conditions with the added exposure to insects, animals and other hazards. There iyafrequent need bowalk, mit talk, hear, use hands, fingers, stoop, kneel, ormuuh, dimb, balance, crawl lift heavy object (up to 50 pounds) and perform other similar actions during the course of the workday. This position requires the use of City vehicles on City business. Individual must be physically capable of operating a vehicle safely and have an acceptable driving history. The Qty of West Palm Beach promotes and maintains a drug/alcohol fro* work environment through the use of mandatory pre-employment and random drug testing for certain employees. MINIMUM QUALIFICATIONS: High school diploma from an institution recognized by the Florida Department of Education, or GED, and one (1) year experience in e utility system, maintaining and installing meters preferred but not required, or any equivalent combination of training and experience. Possession of valid Florida driver's boemee. and Commercial Driver's Lioenoo, Class B may be required upon mse|Qnmomt Ability to obtain forklift certification and OSHA Confined Space certification within one (1)year cfemployment. 20. Meter Service Technician 11 SUMMARY: Under general supervision, performs a variety of routine meter service maintenance activities including but not limited to; performing skilled work and participating, tests, installations, maintenance and repairs and other related duties aaassigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list is ILLUSTRATIVE ONLY, and is not e comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (Which are not/nany hierarchical mder.) 1. Install, remove, maintain and replace various meters types. Inspects & repairs defective mobam due to damage or regular wear or other relevant maintenance requirement; inspect meter service for illegal connection and/or cross connection;field test and troubleshoot large and small meters. 2. Inspects, repairs, replace and and/or test backflow devices for proper installation and functions. 3. Create and complete assigned work nndore in o detailed manner� maintains accurate records of all work performed. 4. Recognize and support all safety rules, 5. Investigates water meter service related complaints i.e. damaged box. damaged |id, dirty water, 1mm pressure, nowater and other related issues. 6. Responds tocustomer emergencies. 7. Communicates with office ataff, dispatch and/or supervisors via nadio, oe1| phone, or in person clearly and professionally. 8. Answers and resolves questions and/or concerns from customers and contractors regarding issues at the meter service. A. Operates vehicles and job related equipment (tools): air compressors, paving bnaakers, pipe navva. drills, hand tools and any other related equipment, 10. Transport workers, equipment, & material to worksite; assist with the assembly nfdirectional s|QnmQe. signals, markers, flags regarding work site protection; acts as flagman when necessary. 11. Performs related duties ooassigned. KNOWLEDGE, SKILLS AND ABILITIES: (Based onarea ofassignment) • Knowledge ofproper meter service repair, maintenance and installation. ° Knowledge ofproper backflow installation,testing and repair. • Knowledge ofsafe shoring and trenching. = Knowledge ofgeographical layout and street location ufservice areas. * Knowledge ofoccupational hazards and safety precautions. w Knowledge of machinery, equipment and tools necessary for the maintenance of public utilities. • Knowledge ofcommon hand and power tools. ° Knowledge cfbasic preventive maintenance onassigned equipment. ITB 16-17-119 P 28 @Q� �9� of 541 v Knowledge ofpersonal computer appliomUonandune. ~ Skill inreading street and general mathematical computations. ° Skill imfollowing oral and written instructions. * 5kUi in reading street rnape, street signe, and meters accurately and entering information into e computer nrhandheld device accurately. • Skill inoperating and working around traffic and moving equipment. w Skill inreading engineering drawings Vrblueprints. * Skill imidentifying unsafe conditions and taking corrective action. ° Skill in interpersonal relationships and effectively communicating with customers. • Ability to take direction, * Ability to adhere to safety precautions, maintain o safe working area; while recognizing occupational hazards. ° Ability to locate meter direction (oorth, oouth, eeot, west)by abbreviation. m Ability to perform heavy manual labor for extended periods in adverse weather conditions. * Ability to establish and maintain effective working relationships with those contacted in the course of work. ° Ability booperate apersonal computer and/or handheld device. ° Ability to work flexible schedule including stand by,weekends and holidays. • Ability tnperform data entry functions. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves moderate ho heavy physical activity in an outdoor setting under all types ofweather conditions with the added exposure to insectp, dogo, snakes and other hazards. There is ofrequent need howalk, sit, ta8k, h*er, use hands, OnQ*m. etnnp. &mee|, cxmuoh, climb, balance, onawi. lift heavy object (up tu 50 pounds) and perform other similar actions during the course of the workday. This position requires the use of City vehicles on City business. Individual must be physically capable of operating a vehicle safely and have an acceptable driving history. The City of West Palm Beach promotes and maintains o dmg/okcohn| free work environment through the use of mandatory pre-employment and random drug testing for certain employees. MINIMUM QUALIFICATIONS: High uohou| diploma from on institution recognized by the Florida Department of EduooUom, or GED, and three (3) years of experience, orany equivalent combination of training and experience. Possession of valid Florida dhvo/m license, and Commercial Driver's Lioonae, Class B may be required upon assignment. Large Meter Tester and Backflow Cross/Connection Tester and repair certifications, and 120logged meter reading hours, required. 21. Meter Service Technician || SUMMARY: Under limited auparv|mion, supervises field personnel while performing avariety of routine meter service maintenance activities including but not limited to; performing uh|]ied work and participating in testing, inute||at|mna, maintenance and repairs. Ensures adherence tnpolicies and procedures by staff and promotes good customer and employee relations. Assist with staff dava|mpment, nonnp|ianoe, accountability, quality, safety and cost control. Performs other related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (Which are not/nany hierarchical order) 1. Upon assignment, plans organizes, and supervises the daily activities of field crews as follows: 2. Install and maintains various meters. 3. Field test and troubleshoot large and small meters. 4. |nupouta & repairs defective meters due to damage or regular wear or other relevant maintenance requirement; imstaU, remove and replace meters; inspect meter service for illegal connection and/or cross connection, 5, Inspects, repairs and and/or test backflow devices for proper installation and functions, ITB 16-17-119 27 Page 197 Of 541 ti Create and complete assigned work orders hladetailed manner; maintains accurate records ofall work performed. 7. Recognize and support all safety rules. 8. |mveetigehae water meter service related complaints i.e damaged box. damaged lid, dirty water, |mm pressure, nmwater, and any other related issues. 9. Respond toall dispatched work orders. M Communicates with office staff, dispatch and/or supervisors via nodio, oa|| phono, or in person clearly and professionally. 11. Answers and resolves questions and/or concerns from customers and contractors regarding issues at the meter service. 12. Operates vehicles and job ro|okad equipment (tools): air compressors, paving broakaro, pipe nevvo, drills, hand power tools, and any other related equipment. 13. Transport workers, equipment, &matehm| to worksite; assist with the assembly ufdirectional signage. signals, markers,flags regarding work site protection; acts as flagman when necessary, 14. Performs related duties mmassigned. KNOWLEDGE, SKILLS AND ABILITIES: (Based onarea ofassignment) ° Knowledge ofproper meter service repair, maintenance and installation. * Knowledge cfproper backflow installation, testing and repair. m Knowledge qfsafe shoring and trenching. ° Knowledge ofgeographical layout and street location ofservice areas, • Knowledge ofoccupational hazards and safety precautions. * Knowledge of machinery, equipment and tools necessary for the maintenance of public utilities. ° Knowledge nfcommon hand and power tools, • Knowledge nfbasic preventive maintenance onassigned equipment. = Knowledge ofpersonal computer application and use. * Skill in reading street and general mathematical computations. ° Skill infollowing oral and written instructions. • Skill in reading street mmops, street signm, and meters uuuunmta|y and entering information into a computer orhandheld device accurately, ° Skill inoperating and working around traffic and moving equipment, n Skill in reading engineering drawings mrblueprints. ° Skill inidentifying unsafe conditions and taking corrective action. * 8N|| in interpersonal relationships and effectively communicating with customers. * Ability to take direction and effectively direct others. • Ability to adhere to safety precamtiumm, maintain m safe working area; while recognizing occupational hazards. * Ability to locate meter direction (north, south, east, west) by abbreviation. • Ability to perform heavy manual labor for extended periods in adverse weather conditions. * Ability to establish and maintain effective working relationships with those contacted in the course of work. m Ability tooperate apersonal computer and /or handheld device. ° Ability to work flexible schedule including stand by weekends and holidays. ~ Ability 1operform data entry functions. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves moderate 0o heavy physical activity in an outdoor setting under all types nfweather conditions with the added exposure to inoeo<s, dogs, snakes and other hazards. There is frequent need to walk, sit, ta|k, hear, use hands, f|n8orm, atoop, knee\, crouch, d|mb, balance, oram/|' lift heavy object (up to 50 pounds) and perform other similar actions during the course of the workday. This position requires the use of City vehicles on City business. Individual must be physically capable of operating a vehicle safely and have an 000aphsble driving history. The City of West Palm Beach promotes and maintains a drug/alcohol free work environment through the use of mandatory pre-employment and random drug testing for certain employees. ITB 16-17-119 28 Page 198 Of 541 MINIMUM QUALIFICATIONS: High school diploma from an institution recognized by the Florida Department of Education, or GEQ, and five (B) years experemce, or any equivalent combination of training and experience. Possession of o valid Florida driver's license, required. Commercial Driver's Lioen*e, Class B may be required upon assignment. 120 logged meter reading hours and 800kMmm Cross/Connection Tester/Repair certification, required. 22. Utility Locator SUMMARY: Under close supervision, locates utility lines; and performs related duties as assigned. ESSENTIAL FUNCTIONS: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge skills, and other characteristics. This list /n ILLUSTRATIVE ONLY, and /s not e omn?pn*hemoive listing of all hunodbno and bsoko performed by incumbents of this class.) DUTIES AND RESPONSIBILITIES: (Which are not imany hierarchical order) 1. Locates underground utilities, 2. Clears brush and digs mputility lines. 3. Operates line location instruments and leak detection instruments. 4. Prepares sketches for field notes inconstruction layouts and em-bui|t 5. Researches as-built drawings for line locations. G. Seta utility markings and points for contractors and other utility companies. 7. Maintains imventory, equipment, supplies and assigned city vehicles. 8. Operates electronic surveying and data collection instruments. Q. Works ammmember ofasurvey crew. KNOWLEDGE, SKILLS AND ABILITIES: * Knowledge ufhighway traffic control standards. * Knowledge ofbasic surveying methods, practices and procedures. * Knowledge of operation and maintenance of electronic surveying line locating equipment. ° Knowledge ofreading and interpreting construction and engineering plans. ° Knowledge ofhealth and safety regulations, practices and procedures. • Skill in n*oommhinQ land and plat information. w Skill in accurately sketching and recording field notes and computations. • Skill in recording and maintaining public files and records. ° Skill indemonstrating and instructing entry level skills and practices, • Ability to establish and maintain effective working relationships with those contacted in the course of work. • Ability towork flexible hours for on-call oremergency purposes. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: Work involves long hours outside with exposure to loud noimeo, chemicals, toxic fumues, air and waterborne pathogens, and mechanical equipment during the clearing, surveying, and staking of construction sites. There is frequent need to abynd, stoop, walk, mit, work in o|uae proximity to vehicular traffic, ||ft equipment or materials (up to 50 pmumds), and perform other similar actions during the course of the workday. The City of West pa|nn Beach promotes a drug/alcohol free work environment through the use cfmandatory pne-emp|oyment drug testing. MINIMUM QUALIFICATIONS: High School diploma or GED and one (1) year ofrelated experience or any equivalent combination oftraining and experience. Avalid Florida driver's license iorequired. ITB 16-17-118 29 Page 199 Of 541 x h Sf VVL`Si PAII,sA bFA €i t 4. SECTION 2 — SPECIAL TERMS 1. Business Tax Receipt The Bidder will be required at the time of contract execution, to have a business tax receipt or certificate of registration in accordance with the following: • No person, contractor or subcontractor may conduct business within the City without a business tax receipt or certificate of registration. • A contractor who holds a valid countywide contractor's license, in addition to a county business tax receipt shall register with the City. • Any person engaging in any business, occupation or profession within the City without a permanent business location or branch office in the City, but holding a valid and currently effective business tax receipt issued by the county or another incorporated municipality, shall be issued a certificate of registration upon registering with the business tax official. 2. Small Business Participation In accordance with the Small Business Ordinance, the goal for Small Business participation under the contract resulting from this Invitation to Bid is 00% of the total contract value. 3. Insurance Contractor shall purchase from and maintain during the term of the Services, and all applicable statutes of limitation periods, the following insurance: (a) Comprehensive General Liability insurance in an amount not less than $1,000,000.00 Combined Single Limit per each occurrence and $1,000,000 aggregate, with bodily injury limits, which may not be subject to a self-insured retention or deductible exceeding $25,000. (b) Worker's Compensation and Employer's Liability Insurance with limits of Employer's Liability Insurance not less than $500,000 "each accident," $500,000 "disease policy limit,,, and $500,000 "disease each employee". (c) Automobile Liability: Not less than $1,000,000.00 for injuries per person in any one accident or occurrence and $1,000,000.00 in the aggregate for injuries per occurrence or accident, with $100,000.00 for property damage in any one accident or occurrence. May not be subject to a self-insured retention or deductible exceeding $10,000. Self-insurance shall not be acceptable. All insurance policies shall be issued by companies that (a) are authorized to transact business in the State of Florida, (b) have agents upon whom service of process may be made in Palm Beach County, Florida, and (c) have a best's rating of A-`Jl or better. Additional Insured: All liability insurance policies shall name and endorse the following as additional insured(s): the ECR Board, the City of West Palm Beach and its commissioners, officers, employees and agents. Certificate of Insurance: Contractor shall provide the City Risk Manager with a copy of the Certificate of Insurance and endorsements evidencing the types of Insurance and coverage required prior to the commencement of Services. It is the Contractor's responsibility to ensure that the City's Risk Manager and the Department both have a current Insurance Certificate and endorsements at all times. If Contractor's insurance policy is a claims made policy, Contractor shall maintain such insurance coverage for a period of five (5) years after the expiration or termination of this Agreement. Applicable ITB 16-17-119 30 Page 200 of 541 coverage may be met by keeping the policies in force, orbvobtaining an extension of coverage commonly known eooreporting endorsement oftall coverage. The provisions of this section shall survive beyond the expiration or termination of this Agreement. 4, Equal Benefits Ordinance Section 66-8 of the City's Code of Ordinances provides that, with limited exceptions, when contracting for goods, services or construction in an amount of $50,000 or more, with persons orbusinesses with five or more employees that also provide benefits to employees' spouses and dependents, the city shall contract only with those persons or businesses that provide equal benefits to employees' domestic partners. Each proposer shall submit an Equal Benefits certification with iteprnpoea|/bid. 5. Contract Term The Contractor nhe|| be awarded a contract for thirty-six (96) months. At the ao|o option of the City, the contract may be renewed for uphotwo /2l additional twelve (12) rmun8l periods. Options to renew will only be effective upon awritban contract amendment executed by both parties. Remevve| terms and conditions will be the same as the base contract, The Contract ehe|| oonnnnencennthedotevvhemtheonntnaC1iSexecmtedbyth* [|ity. Anyrenevvm|syv||| beauNoot huthe appropriation nffunds bythe City. 5. Multiple Contract Awards The Contractor(s) selected under this procurement may be awarded separate contracts with the Agencies under the terms and conditions ofthis ITB. ITB 16-17-119 31 Page 201 of 541 r Pi � f S} . SECTION 3— MINIMUM QUAL IFICAITONS and EVALUATION FACTORS Failure to fully and accurately complete the reouired documentation may result in disqualification of Contractor's bid.All decisions of the City are final. "® Evaluation of responses will include, but not limited to, the following; MINIMUM QUALIFICATIONS Contractors shall meet the following minimum requirements in order to be considered for award. 1. Bid (Form 62) must be signed by the person authorized to bind the company. Note: Sign in blue ink every place it is required. 2. Bidder can provide all required representations and disclosures.. 3. Bid proposal must be received and stamped in by the procurement Division on or before 3:00 p.m. on April 12, 2017. EVALUATION FACTORS Bids will be evaluated based on the following evaluation factors, in addition to those factors established in the Procurement Code, in determining the best value to the City. 1. Schedule of bid items—as indicated on Form B3 2. Reference responses. 3. Firm capacity in terms of financial viability and ability to provide required insurance. 4. Evidence of ability to work efficiently and cooperatively with Agency staff; past performance with the Agency and others. 6. Small business program participation. 6. Impact on local economy. 7. Any suspension or debarment by any government entity; any prior conviction for bribery, theft, forgery, embezzlement, falsification or destruction of records, antitrust violations, honest services fraud or other offense indicating a lack of business integrity or honesty; any prior violation of City or County ethical standards. 8. Consideration of any other factors specific to this ITB. 9. Such other information as may be obtained. ITB 16-17-119 32 Page 202 of 541 ,�„�s— SECTION 4- INSTRUCTIONS TO BIDDERS To ensure acceptance of your bid, Bidders must comply with the following instructions: 1. HOW TO SUBMIT A BID: a. One (1' original, one (1) electronic version and three (3)copies of your bid must be submitted in a sealed envelope, marked on the outside lower left-hand corner of the envelope with the firm name, Bid number, title, and date and hour bids are scheduled to be received. Bids shall be mailed or hand-delivered to: City of West Palm Beach - Procurement Department 401 Clematis Street, 3rd Floor West Palm Beach, FL 33401. b. Time is of the essence and any bid received after the closing date and time indicated on the cover of the Invitation to Bid, whether by mail or otherwise, will be returned unopened and will not be considered. The time of receipt shall be determined by the time clock located in the Procurement Division. Bidders are responsible for insuring that their bid is stamped by Procurement personnel by the deadline indicated. The City shall in no way be responsible for delays caused by any occurrence. G. Bids submitted by telephone, telegram or facsimile shall not be accepted. d. Submission of a Bid implies a full understanding of the Invitation to Bid, the Special Terms, the General Conditions and the drawings and specifications, the Project and the Work. Any misunderstanding as to such terms by the Bidder will not relieve the Bidder from performance. e. This Invitation to Bid consists of this document along with all plans, drawings and/or technical specifications related to this procurement, all of which are incorporated herein by this reference. 2. THE BID PACKAGE. The Bid Submission Package consists of the following documents: B1 Bid Cover Sheet B2 Bid B3 Schedule of Bid Items B7 Reference List B8 Non-Collusion Affidavit B9 Drug Free Certification B11 B12 Statement of Small Business Participation with certifications B13 Small Business Letter of Intent Equal Benefits Certification Copies of required licenses or registrations The Bid Submission Package, and all other required documents must be returned in order for the bid to be considered'. AVOID BID REJECTION: Bids may be rejected for noncompliance to requirements after review by the Procurement Official. All bids must be submitted on the provided Bid forms.. ITB 16-17-119 33 Page 203 of 541 Forms B2 and B3 must be signed in ink by an officer authorized to bind the Bidder. All Forms must be fully completed.. Failure to complete any form or provide the required signature may be grounds for rejection of the bid. 3. COMPLETION OF BID SUBMISSION PACKAGE. a. It is the responsibility of the bidder to insure that all pages are included. All bidders are advised to closely examine this package. b. All bids must be submitted on the provided Bid forms. Bids submitted on Contractor Letterhead or quotation forms will not be accepted. c. All bids (Form B2 and 133) must be typed or written in ink, and must be signed in ink by an officer or employee having authority to bind the company or firm. Failure to submit a duly signed bid shall be cause for rejection of the bid. *BIDDERS: THE CITY HAS PROVIDED AN ELECTRONIC SPREADSHEET FOR BID ITEM TABULATION. IT IS MANDATORY THAT ALL BIDDERS PROVIDE BOTH A SIGNED PAPER BID TABULATION AND ELECTRONIC BID TABULATION. THE ELECTRONIC BID TABULATION SHALL BE SUBMITTED WITH THE PAPER BID TABULATION BY MEANS OF COMPACT DISC, FLASH DRIVE, OR OTHER DIGITAL DATA STORAGE DEVICE. PAPER BID TABULATIONS AND ELECTRONIC BID TABULATIONS SHALL BE MATERIALLY CONSISTENT AND CONTAIN THE SAME INFORMATION. IN CASES OF DISCREPANCY, THE SIGNED PAPER BID TABULATION SHALL PREVAIL. FAILURE TO SUBMIT AN ELECTRONIC COPY/VERSION OF THE PROVIDED BID TABULATION SHALL BE CAUSE FOR REJECTION OF THE BID. 4. ERRORS/ERASURES/CORRECTIONS a. Bids having erasures or corrections must be initialed in ink by the Bidder. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it and initial the correction. Any illegible entries, pencil bids or corrections not initialed may not be accepted. b. In the event of mathematical extension error(s), the unit price will prevail and the bidder's total offer will be corrected accordingly. In the event of addition errors, the extended line item will prevail and the bidder's total will be corrected accordingly. C. Bidders shall not be allowed to modify their bids after the bid opening time and date. Bid files may be examined during normal working hours, after bid opening, by appointment only. d. Bidder represents that it has taken all necessary steps to ascertain the nature and location of the work and that it has investigated and satisfied itself as to the general and local conditions which can affect the performance of the work, including: (i) conditions relating to access, egress, transportation, debris disposal, parking and storage of materials; (ii) availability of labor; and (iii) physical conditions at the site. Any failure by Bidder to take these steps will not relieve the Bidder from the responsibility for estimating properly the difficulty and cost of successfully performing the work without additional expense to Owner. 5. BID PRICES All prices shall remain valid for ninety (90) days after the date of bid closing or other time stated in the Special Terms. Prices must be stated in the units specified on the Schedule of Bid Items (Form 133). Bidders may offer a cash discount for prompt payment; however, such discounts should not be considered in the unit price bid unless otherwise specified in special conditions, 6. SUBSTITUTIONS If Bidder wishes to offer a substitution for a specified item of materials or equipment, the proposed substitution must be listed on the Substitution Sheet (Form 134) in the Bid ITB 16-17-119 34 Page 204 of 541 Submittal In each n8ae. the difference in price between the base bid and the price for the proposed substitution shall be specified or if there is no price difference, that shall be specifically indicated. The Bid shall reflect the Bidder's price for the item specified inthe Schedule nfBid items; not the pn]pOSBd Substitution. The best value bid will be established considering the base Bid, not any proposed substitution. 7. SUBCONTRACTING If bidder intends to subCootn3o1e any portion of the work, the Schedule of Subcontractors (Form B5) must befully completed and submitted with the bid. The norme, oddnaao, phone number and extent of work and value of the work to be performed should be included for all ouboontractors, including any small business contracts that will also be listed on Form B12' Statement of SnnB|| Business Perflo|pakion. All SnnoU Business subcontractors must also be listed on both Form 85 — Sohgdu|8 of Subcontractors and Form B12-8tmbamomtufSmall Business Participation. Owner reserves the right to reject any bid if the bid names @ subcontractor who has previously failed in the proper performance of an avvard, or failed to deliver on time contracts of similar noture, or who is not in a position to perform under this award. Owner n000rvee the right to inspect all facilities of any subcontractor|morder homake adetermination autothe foregoing. The Contractor shall submit for the City of West Palm Beach review and approval, as part of his bid mubnnioeinn, a sample copy of his company's daily reporting format for reporting the progress of construction. This format shall include but not be limited to the detailing of all labor, equipment and ' materials used in the construction of the project along with the areas vvorked, type of work performed, problems encountered and daily weather conditions otthe work areas. 8. BID BONDS OR DEPOSITS Each bid must be accompanied by bid bond ora deposit in o sum of not less than five percent (5Y6) of the total bid. Bid bonds and deposits amounting to less than one hundred do||ena need not be submitted. Only the following types of bonds or deposits will be accepted: 1. Bid bond signed by a surety company authorized to do business in the State of Florida. 2. Cashier Check orbank draft ofany national orstate bank. 3. Certified check drawn On afinamola| institution acceptable hmthe City ofWest Palm Beach 4. U.S. Postal Money Order All ohenKo and orders must be made payable to the City of West Pm|nn Beach. The Qty nanen/eo the right to hold the bid security until a contract is pnmpark/ executed. If any bidder presented with a contract by the City fails to execute such contract with the City, the City may be entitled to retain the deposit or enforce the bond. Bid deposits of unsuccessful bidders will be returned after execution of contract. 8. CERTIFICATION AND LICENSES Bidder must include with his bid package a copy ofall applicable Certificates of Competency issued by the State of Florida or the County Construction Industry Licensing Board and a current Occupational License in the name of the Bidder submitting the Bid from the County in which the Bidder's principal place of business is located. If awarded the contract, any Bidder who is not required to have on occupational |\manee from the City will be required to obtain a Certificate of Registration from the City of West Palm Beach prior to contract execution. 10. NO LOBBYING Bidder and its representatives are prohibited from contacting or lobbying the Mayor, any City Commissioner, City otaff, ava|mo1iom committee, or any other person authorized on behalf of the City related or involved with this Invitation to Bid. Bidder's representatives shall include, but not ba limited to, the Bidder's employee, partner, ufficer, director. consultant, |obbyist, attorney or any actual or potential subcontractor orconsultant mfthe Bidder. All oral or written inquiries are to be directed to the Procurement Offide|. Any violation of this condition may result in rejection and/or disqualification ofthe Bidder. The ~No Lobbying" condition is in effect from the date of publication of the |TB and shall ITB 16-17-119 35 Page 205Of541 terminate at the time the {}dx approves execution or executes the contract, rejects all bids or otherwise takes action which ends the solicitation process. 11. CONFLICT OF INTEREST All Bidders rnue* dioo|oeg with their bid the name of �ny officer, direnk)r. or agent who is also an employee of the City nfVV�st Palm Beach. Further, all bidders must disclose the norng of any City employee who ow/ns, d|nnotiv Or indimaot|y, interest of ten percent /10%\ or more in the bidder's firm or any of its affiliates, 12. ETHICS REQUIREMENTS No Bidder may ernp|oy, directly or indina(t|y, the nnoyor, any member of the City commission or any director or department heard of the City. The City Code prohibits any enmpiOy8B, or member or their immediate family or close personal relation to namyiv8 e substantial benefit or profit from any contract entered into with the {}dv, either directly or through any firm of which they are a rnenlbar, or any corporation of which they are o w10tkho|der, or any business entity in which they have 8 controlling financial interest. Any affected City employee may oa*k a conflict of interest opinion from the City ethics officer prior to the submittal of o bid. Additionally, any employee may seek o legal opinion from the State of Florida Ethics Commission regarding state law conflict nfinterest provisions. 18. SMALL BUSINESS PROGRAM The goal for 5nnaU Business participation under the contract resultingfrom this Invitation to Bid is 0% ofUl total contract value. the City of West Palm Beach Small Business Program or from another City whose certification is accepted bv the Small Business Pro-gram will be accepted toward the small business goal. For your convenience, all Palm Beach County certified small businesses can streamline the City's certification process by submitting the appropriate documentation. The City may require additional information to ensure compliance with the City's small business criteria; therefore please contact the City's Small Business Office at(561) 822-2100 for further instruction for small business certification. Bidders/contractors are encouraged to contact the Procurement Department for o directory of all currently certified anno|\ businesses. The directory is intended to assist bidders/contractors with meeting srna|U business participation goals on City projects by connecting them with potential subcontractors for quotes, bids and FlFP'a. In moonndonne with the SB Ordinance, the 8B Program has edVo1ad ppoomdun9a naqu|hoQ the completion Of forms to (neuna compliance with the SnneD Business Ordinance. These forms are required to be submitted, as appropriate, with each proposal and/or during the course of the contract. The following Srna|| Business forms should be submitted with the Bid: * STATEMENT OF SUBCONTRACTOR PARTICIPATION List all your certified subcontractors — indicate dollar amounts and percentages in the appropriate columns. This form is duo with your proposal. Only City of West Palm Beach and Palm Beach County Certified 8Bn nen be used to meet the established goal. See Form SB 01 * SUBCONTRACTOR'S LIST List the names and telephone numbers of all SBs that submitted a quote to you, whether you will use them on this project or not. Also, include here, SBa listed in the Statement of Small Business Participation, Submit this form with your proposal. See Form SB02 * LETTER OF INTENT One form per SB subcontractor must be executed and delivered to the City's 813 Program 2rLor to contract award and will be made a part ofthe contract. See Form 8B 03 ITB 16-17-119 30 Page 206Of541 REQUEST FOR QUALIFICATIONS PREFERENCE (over$25,000.00) For procurements using requests for proposals, the Procurement Official or, if applicable, an evaluation committee established to evaluate the pnop8So|o, shall consider compliance with the SnloN business goals eeomaterial criterion for selection, i.o, shall b8given significant weight. 14. PUBLIC ENTITY CRIMES Pursuant to F.S. 287.133. e person graffiliate who hos been placed on the convicted Vendor list maintained by the State of Florida may not submit a bid to the Qh/ of West Palm Beach for 36 months following the date of being placed on the convicted vendor list. 15. INQUIRIES AND ADDENDA Except aoprovided inthis section, Bidders orothers representing a Bidder are prohibited from contacting or lobbying the Mayor, any City Commissioner, City 81off, Evaluation Comnrnittae, or any other person authorized on behalf Ofthe City related or involved with this ITB. Any and all inquiries on the scope of work, opeoif|oaUono, additional reqoinanmnnte, attachments, terms and general conditions or instrucUonn, or any issue other than Small BueioeSsea, must be directed in vvdbng. by US moi[ fax or email to: Nathaniel Rubel, Procurement Supervisor City ofWest Palm Beach Procurement Division 401 Clematis Street, 3rd Floor West Palm Beach, FL334O1 Fax: /561\ 822-1564 E-mail: nrubo|@vvpb.org All questions nrinquiries must bereceived nolater than ten /YQ0calendar days prior&nthe Bid closing date. Any addenda orother modification tothe Bid documents will boissued bwthe City prior tuthe date and time of Bid closing, osowritten addenda distributed to all prospective bidders who have obtained the bid package directly from the City or its authorized representative. Such written addenda or modification shall be part ofthe Bid documents and shall be binding upon each Bidder. Each Bidder is required 1oacknowledge receipt ofany and all addenda inwriting and submit with their bid. No Bidder may rely upon any oral or verbal modification or interpretation in preparing its bid. No interpretation ofthe Invitation 10 Bid will bemade for any bidder, except bvwritten addendum. 16. In accordance with the City's procurement node. this Invitation to Bid may be cancelled and may or may not be no-bid when determined to be in the best interests of the City. Any or all bide may be accepted or rejected in m/h8|e or in pad, when determined to be in the best interests of the City. The City of West Palm Beach also reserves the right to rejectthe bid of any Bidder who has previously failed in the performance of an award or to deliver contracts of a similar nature on time or who is not in o position to perform properly under this award. The City reserves the right bo inspect all facilities of bidders. Any bid received without aOauthorized signature Vrpast the submittal deadline will borejected. Any withdrawal or cancellation of this Invitation to Bid' either before or after selection of o bidder, shall be without liability or obligation on the part of the City or its employees. Any eotinn, selection or failure to select a successful bidder to this Invitation to Bid aho|| be without any liability or obligation of the part of the City Orits employees. The City reserves the right to waive any non-material irregularities and technicalities, except timeliness and signature requirements. AdditionoMy, bids may be considered irregular and may be rejected if the bid: 1) does not sU1oth/ conform to the requirements of the Invitation to Bid; 2) is incomplete; 3\ any Bid ITB 16-17-119 37 Page 207Of541 Form is altered; 4) contains additions not called for; 5) is conditional; 6) contains prices that are, in the opinion of the Citv, unbalanced either in excess or below the reasonable cont analysis ws|ueo| 7\ bide is imexcess ofthe approved budget for the project. 17. SELECTION OF BIDDER WITH WHOM TO CONTRACT Pursuant bothe City's Procurement Code, the selection of bidder with whom to contract ahoU be based on the "best value" to the C|b/^ using the following criteria: 1. Skill and experience, 2. Capacity to perform in terms of facilities, personnel and financial viability, 3. Past performance, 4. Amount of the bid in relation to the needed goods, services, or construction, 5. Adherence tothe specifications and requirements #. Content ofthe bid. 18. POSTING OF AWARD TABULATIONS The selected bidder will be notified in writing of the City's intent to award a contract. Recommended awards will be available for review by interested parties otthe Office Vfthe Procurement Official. 19. CONTRACT {}Nv and Bidder will be contractually bound only if and when avvrUton contract between the parties ioexecuted. inthe event ocontract (anot executed with the selected bidder, the City reserves the right to select the next "best value" Bidder based on the bid tabulation and to contract with said bidder. 20. COSTS All costs incurred by any party in responding to this Invitation to Bid are the mo|o responsibility ofthe Bidder. 21. PROTEST PROCEDURE Protest procedures are provided |nSection OQ-151ofthe City Code nf Ordinances. A protest must be addressed to the Fzronummmnemi Official, in vvriting, identifying the pnot*eter, the solicitation and the basis for the protest and must be received by the Procurement Official within seven (7) calendar days of the first date that the aggrieved person knew or should have known of the facts giving rise tothe prnhns1, but no later than seven (7)1 calendar days after the |oauennn of Notice of Intent to Award. The protest shall be considered filed when it is received by the Procurement Official. Failure to file protest in accordance with the Procurement Ordinance shall constitute a waiver of Said protest. 22. CITY IS DOCUMENT GATEKEEPER This ITB is issued directly by the City and the City shall be the sole distributor of all addenda and/or revisions to these documents. |tiathe responsibility ofthe Bidder to confirm the legitimacy of procurement opportunities or notices directly with the Procurement Division. The City is not responsible for any solicitations advertised by subscriptions, publications, websites (other than the City's) orother sources not connected with the City and the Bidder should not rely onsuch sources for information regarding aysolicitation made bythe City ofWest Palm Beach, ITB 16-17-119 38 Page 208Of541 BID PACKAGE COVER SHEET ITB 16-17-119 Project Title: Public Utilities Supplemental Workforce BidderCompany Name: ........._...... ............................................................................. ............... Enclose the following documents: 1. Bid Package Cover Sheet. (131) 2. Bid (132) Must be signed 3. Schedule of Bid Items (133) Must be signed 4. Reference List (137) 5. Affidavit of Prime Bidder re Noncollusion(B$). Be sure to sign and notarize the signature. 6. Drug Free Certification (139) 7. Small Business -Listing of all Small Business Bids (611) 6. Statement of Small Business Participation (1312)Attach small business certifications. 9. Small Business-Letter of Intent (613) 10. Equal Benefits Certification 11. Copies of licenses, certifications and registrations Clearly mark the outside lower left corner of the Envelope with the firm name, Invitation to Bid number and title, and the date and time for the bid closing deadline. THIS PAGE AND THE FOLLOWING COLOR PAGES ARE TO BE RETURNED WITH YOUR BID. Submit one(1)original,one(1)electronic version and three{31 photocopies of your Bid package. AVOID BID REJECTION: All bids must be submitted on the provided Bid fortes. Forms B2 and B3 must be signed in ink by an officer authorized to bind the Bidder. All Forms must be fully completed. ITB 16-17-119 39 Page 209 of 541 �A fi`Ty�t114 W7 � yC r WSW"F 3 I I'!, I: {At( l.i (B2) BI® ITB 16-17-119 Proposal of: (Bidder Company(Name) Bid Amount: $ NfA, See Bid Items 1 —22 on Schedule of Bid Items B3 (Write Dollar Figure Here) - Bidder agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary for the performance and completion of the work for the amount indicated above. The undersigned Bidder hereby declares that: 1. No Lobbying. Proposer acknowledges that contact by a Proposer, or anyone representing a Proposer, regarding this ITB with the Mayor, any City Commissioner, officer, City employee, other than an employee of the Vilest Palm Beach Procurement Division, is grounds for disqualification. 2. This bid is made in good faith, without collusion or fraud and is fair and competitive in all respects. 3. The Bidder has carefully and to his full satisfaction examined the attached Scope of Work, Special Terms, General Conditions, technical specifications, and form of bonds, if applicable, together with the accompanying plans, and Bidder has read all issued addenda issued, 4, Bidder has made a full examination of the site and is familiar with the site conditions that may impact its performance. 5. There is enclosed a bid guarantee consisting of five percent (5%) of bid price in the amount of N/A 6. Upon receipt of a Notice of Intent to Award the contract the Bidder shall: 1) commence obtaining a Performance Bond, Labor and Material Bond, and Certificate(s) of Insurance immediately after receiving a Notice of Intent to Award, and 2) immediately obtain a Certificate of Registration for engaging in business from the City, as such documents will be required prior to execration of a Contract. 7. Bidder understands that the contract time starts on the date of Notice to Proceed. 8. Bidder furthermore agrees that, in case of failure on his part to execute a Contract and provide all required documents within ten (10) calendar days of receipt of the Contract for execution, the City may withdraw the offer and contract with another bidder and the check, bond, or other security accompanying his bid and the money payable thereon, shall become the property of the City, by forfeit as agreed and liquidated damages, 9. The Bidder states that this bid is the only bid for this project in which Bidder is interested; and Bidder shall not be a subcontractor or subcontractor on this project. 19. Substantial completion shall be within TBD calendar days. Final completion shall be in TBD calendar days. 11. Liquidated damages for delay are agreed to be one hundred ($100) per calendar day. ITB 16-17-119 40 Page 210 of 541 12. Small Business participation for this project is 0%. 13. Bidder shall be responsible for all permitting fees and utility service connection fees. For construction of a building, the City shall be responsible for plan and permit review fees through its Construction Services Department. 14, All debris is to be legally disposed of at a licensed disposal site in accordance with City, state, and federal standards. 15. The City reserves the right to select and include one or more alternates in the Project and work. 16. The following officer, director or agent of the Bidder is also an employee of the City of West Palm Beach: Name Address 17. The following employee(s) of the City of West Palm Beach hold, either directly or indirectly, an interest of 10% or more of Bidder or its affiliates or subsidiaries: Name Address 18. Bidder and all affiliates, suppliers, subcontractor or consultants who will perform the Work have not been placed on the Public Entity Crimes convicted vendor list maintained by the State of Florida within the 36 months immediately preceding the date of this Bid. 19. Bidder acknowledges that ADDENDA NO(S). have been RECEIVED and are ATTACHED HERETO and are signed by a duly authorized officer of Bidder. 20. By signing and submitting this Bid, Bidder represents that all Bid Forms are fully complete and accurate. 21. Bidder acknowledges that the Bid may be rejected if all Bid Forms are not fully complete, not accurate or if forms are not signed by properly authorized signatures where required. Bidder Company Name: Business Address: (Street, City, State, Zip Code) State of Incorporated: Telephone: Fax: BIDDER: Signature of Official authorized to bind Bidder. Print Name: Title: Date: Failure to fully complete and sign this Bid Form may result in resection of the Bid. ITB 16-17-119 41 Page 211 of 541 City of West ftfm(Beach (B3) r' a" SCHEDULE OF BID ITEMS �'"""` • ITB 16-17-119 PROJECT TITLE: Public Utilities Supplemental Workforce Item Job Title Hourly Wage Na, OPERATIONS 1 State of Florida Certified"A"Water Treatment Operator 2 State of Florida Certified"B"Water Treatment Operator 3 State of Florida Certified°C"Water Treatment Operator 4 State of Florida Certified"A"Wastewater Treatment Operator 5 State of Florida Certified"B"Wastewater Treatment Operator 6 State of Florida Certified"C°Wastewater Treatment Operator ENGINEERING ANIS OFFICE STAFF 7 Secretary 8 Project Engineer 9 Customer Service Representative 10 Customer Relations Specialist SKILLED STAFF 11 Maintenance Mechanic 12 Utilities Electrician 13 Utilities Controls Technician 14 Laboratory Technician 1 15 Laboratory Technician 11 16 Laboratory Technician III 17 Heavy Equipment Operator 18 Maintenance Worker - 19 Meter Service Technician 1 20 Meter Service Technician II 21 Meter Service Technician III 22 1 Utility Locator Note: Hourly rates shall be inclusive of all costs such as the cost of overhead,profit,insurance,taxes,incidentals,etc. Bidder Company Name: Signature of Official authorized to hind Bidder: Print Name: Title: Date: Failure to fully complete and sign this Bid Form may result in rejection of the Bid. END SCHEDULE OF BIO ITEMS BIDDERS: THE CITY HAS PROVIDED AN ELECTRONIC SPREADSHEET FOR BID ITEM TABULATION. IT IS MANDATORY THAT ALL. BIDDERS PROVIDE BOTH A SIGNED PAPER BID TABULATION AND ELECTRONIC BID TABULATION. THE ELECTRONIC BID TABULATION SHALL BE SUBMITTED WITH THE PAPER BID TABULATION BY MEANS OF COMPACT DISK,FLASH DRIVE,OR OTHER DIGI NAL DATA STORAGE DEVICE. PAPER BID TABULATION AND ELECTRONIC BID TABULATION SHALL BE MATERIALLY CONSISTENT AND CONTAIN THE SAME INFORMATION. IN CASE OF DISCREPANCY,THE SIGNED PAPER BID TABULATION SHALL PREVAIL. FAILURE TO SUBMIT AND ELECTRONIC COPYNERSION OF THE PROVIDED BID TABULATION SHALL BE CAUSE FOR REJECTION OF THE BID, ITB 1£-17-119 42 Page 212 of 541 t� ITB 16-17-119 LIST OF REFERENCES 1. owner's Name&Address: Project:. Contact Person Telephone: ( ) Fax: ( ) E-Mail: 2. owner's Name&Address: Project: Contact Person Telephone: ( ) Fax: ( ) E-Mail: 3. owner's Name&Address: Project: Contact Person Telephone: ( ) Fax: ( ) E-Mail: 4. owner's Name&Address: Project: Contact Person Telephone: ( ) Fax: ( ) E-Mail: ITB 16-17-119 43 Page 213 of 541 i 1 AFFIDAVIT OF PRIME BIDDER Re Non-collusion and Public Entity Crime State of County of being first duly sworn, disposes and says that: (Name) 1. 1 am the of the (Title) (Name of Company) Bidder that has submitted the attached bid; 2. 1 am fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the 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 communication 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 secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of West Palm Beach or any person interested in the proposed Contract; and 5.. The following Officer, director or agent of Bidder is also an employee of the City of West Palm Beach: (if none, write "None"). 6. The following employees of the City of West Palm Beach own, directly or indirectly, an interest of 10% or more in Bidder firm or any of its affiliates or subsidiaries: (if none, write "None"). 7. 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 affiant. 6. Neither the Bidder nor any officer, director, partner, shareholder, employee, member or agent, who is active in the management of Bidder, or any affiliate or subsidiary of Bidder has been convicted of a public entity crime or action regarding antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation with respect to any bid or contract for goods or services to be provided to any public entity, or has been listed on the state Convicted Vendor List, within thirty-six months prior to the date of Bidder's Bid. ITB 16-17-119 44 Page 214 of 541 (Print Name) The foregoing Affidavit of Bidder regarding Non-Collusion and Public Entity Crime was acknowledged before methis 0m/� by: who is personally known tDnneor who has produced as identification and who take anoath. Notary Public (print& sign name) Commission No. ITB 16-17-119 45 Page 215Of541 54 VV h " I -,A I I.l P5 A t, 1 9) DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Business) 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 violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' 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 this bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees 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 contendre to any violation of Chapter 1893, 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. Authorized Signature Print Name Date ITB 16-17-119 46 Page 216 of 541 VV i S f PA At NA li 1: /',C:;..1 • 401 Clematis Street,3rd Floor West Palin Beach,Florida 33401-4702 Tel: 561-822-2100 Fax:561-822-1564 Website: http llwpb.orQ/Deoaan enIs/PiocurefTieriliSrriall-Bus ness/Certification (61 1) Form Subcontractors Listing BidderlProposer's Dame: Telephone No. ITB or RFP Title: Public Utilities Supplemental Workforce ITB or RFP No.: 16-17-119 NOTE: List all subcontractors you invited to bid on this project,whether they were selected or not,including those identified on the Schedule of Subcontractors. Submit this form with your bid.Use additional sheets if necessary. Company Contact Telephone Name Work To Be Performed Person Number 1. 2, 3. 4. 5. 6. 7. 8. 9. 10. Print Preparer's Dame: Title: Signature: Gate: ITB 16-17-119 47 Page 217 of 541 ffA + t f Procurement DivisionlSmall Business Program �� ` 7 , . I i-5 l_. { {_ 401 clematis street,31d Floor `Y' West Palm Beach,FL 33401-4702 Tel.(561)822-2100 Fax(561)822-1564 Website: httuifwPtl.or /Depart eats/ProcuiomenUSrnalI-Business/Certilcalion (BI 2) Form Statement of Small Business Participation Instructions: List all Shall Businesses that will participate on this project/contract. Only City certified small_ businesses and Palm Beach County Office of Small Business Assistance (PBC-OSBAA) certified Small Businesses can be used to meet the goal established for this projecticontract. Submit this form with your bid/proposal. SECTION L General Information Bidder or Proposer's Name: Preparer's Name: Title ITB or RFP Title. Public Utilities Supplemental Workforce Project Number: ITB or RFP Number: 16-17-119 SB Goal (if established): 0% Total Base ProjectiContract Amount: $ SECTION IL Small Business Participation The firm(s) listed below have agreed to participate in this project or contract. Item Description or DollarPercent of Subcontractor Flame Work/Service to be Value Percent of a BiDolld Dollar Value performed Value Value/Base Bid Total Bid 1. $ %Q % 2. $ % % 3. $ % % 4. $ % % 5. $ % %n 6. $ % % TOTAL Preparer's Signature: Date: ITB 16-17-119 48 Page 218 of 541 ��Stt$y G r} ippP f ;A 1 rvl B I- A I Procurement Division/Small Business Program 401 Clematis Strut,V Floor West Palm Beach,FL 33401-4702 Tel.(561)822-2100 Fax(561)822-1564 Website; ht t r'l L_urcalL7 irtrnantslProctreren Srnall-Busin ss/CertificatEon (813) Form B Letter of Intent Instructions: The Bidder/Proposer will complete Section I. The Small Business subcontractor will complete Sections 11 and III. It is the responsibility of the bidder/Proposer to verify that the undersigned is a City Certified Small Business. Only City of West Palm Beach or Palm Beach County Office of Small Business Assistance (PBC-OSSA) certified Small Businesses can be used to meet the goal established for this project/contract. This completed form will be required before contract award. Please note: This form is required for each certified Small Business selected. SECTION L General Information Proposer's Name: ITB or RFP Title: Public Utilities Supplemental Workforce ITB or RFP Number: 16-17-119 SECTION II. Small Business Participation The undersigned intends to perform the following work pertaining to the above project: Item No. Item Description or Work to be Performed Contract Amount SECTION III. Information on the Small Business Small Business Name: Preparer's Name: Title: Signature: Date: ITB 16-17-119 49 Page 219 of 541 u q ' *It, Equal Benefits Certification This form must be completed and submitted with your firm's submittal/proposal/bid. Equal Benefits Ordinance. Section 66-9 of the City's Code of Ordinances provides that, with limited exceptions, when contracting for goods, services or construction in an amount of $50,000 or more, with persons or businesses with five or more employees that also provide benefits to employees' spouses and dependents, the City shall contract only with those persons or businesses that provide equal benefits to employees' domestic partners. Check only one box below: ® 1..The firm certifies and represents that it will comply during the entire term of the contract with Sec. 66-9 of the City's Code of Ordinances by providing benefits to employees' domestic partners equal to those benefits provided to employees' spouses and dependents; or ❑ 2. The firm does not need to comply with Sec. 66-9 of the City's Code of Ordinances because of an allowable exemption: (Check exemptions that apply): The firm's price for the contract term awarded is$50,000 or less. The firm employs fess than five(5)employees. The firm does not provide benefits to employees' spouses nor employees' dependents. The firm is a government entity. The contract is for the sale or lease of properly. Compliance would violate grant requirements or regulations of federal/state law. The contract is an emergency procurement or necessary to respond to an emergency situation. ❑ 3. The firm does not comply with Sec. 66-9 of the City's Code of Ordinances and does not have an allowable exemption. 1, (Print Name of Authorized Officer) (Title) of (Name of f=irm) hereby attest that I have the authority to sign this certification on behalf of the firm and certify that the above information is true, complete and correct. Signature: STATE OF COUNTY OF Sworn to and subscribed before me this day of 20 , by , as an act of_ (firm),who is personally known to me or produced the following identification: Notary Signature: Print Notary Name: Commission No. lTB 16-17-119 Page 258 of 541 7.B. CONSENT BIDS AND PURCHASES OVER$100,000 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-107-Authorize Mayor Grant to sign the Hazard Mitigation Program Grant (HMGP) cost-reimbursement Contract #H0054 for Phase I/pre-award of Lakeside Gardens Neighborhood (Dimick and Potter Rd. project) — Drainage Improvement FEMA project number 4337-121-R, obligating federal funds for the amount of $83,250.00 with a $27,750.00 match from Utilities for a total of $111,000.00. The period of performance is upon execution thru June 30, 2020. EXPLANATION OF REQUEST: The Federal Emergency Management Agency (FEMA) provides a matching grant(75% Federal, 25% local) through the Hazard Mitigation Grant Program (HMGP) that addresses flooding. The Lakeside Gardens neighborhood is located east of Federal Highway along Potter Road, North Lake Drive and Dimick Road bordering the Intracoastal Waterway. The community is prone to flooding during high tides and rain events. The need for the drainage improvements was identified in the 2013 Flood Mitigation Plan. The Lakeside Gardens Drainage Improvements project was ranked No. 4 on Palm Beach County's Local Mitigation Strategy Prioritization Project list and aligns with the state's mitigation goals and objectives. On July 31St, 2018 the City applied for the HMGP grant under the Hurricane Irma disaster declaration FEMA-4337-DR-FL. The total project cost was anticipated to be $1,133,400.00 with an estimated Federal share requested for $850,000.00 (75%) and $283,400.00 offered as local match. The project grant involved Phase 1, reimbursement up to $111,000.00 and Phase 11, which is the construction phase for $1,022,400.00. Funding for the local match is available in the Utilities C I P budget. As the project was not ready for construction, the City requested pre-award funds which are costs incurred before the grant is awarded. These costs include survey and engineering services. They are reimbursable under Phase 1. Cost-reimbursement Contract#H0054 is only for the Federal Share of Phase 1 $83,250.00, which is 75% of the requested $111,000.00. The remaining $766,750.00 will be earmarked for construction contingent on project design approval. The contract execution deadline is no later than sixty (60) days after receipt, i.e., November 15, 2019. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Lakeside Gardens community is prone to flooding during spring and king tides, storm events, along with periods of prolonged rain. Implementation of the drainage improvements will provide an improved level of service that reduce nuisance flooding and standing water in the neighborhood. FISCAL IMPACT: Budgeted On February 2019 the Utilities appointed Arcadis as the consultant for the engineering, design and permitting of the Lakeside Garden drainage improvements. The projects evaluation of alternatives is underway and it is expected that the design will be ready to be presented to FEMA for construction approval by May, 2020. FEMA provides a matching grant (75% Federal, 25% local). The total project cost is anticipated to be $1,133,400.00. Estimated Federal share is $850,000.00 (75%) and $283,400.00 (local match). Funding for the local match is available in the Utilities C I P budget. ALTERNATIVES: No to approve the HMGP grant award and pay for the entire project out of Utilities capital improvement funds. Page 221 of 541 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution authorizing Mayor to sign HMPG Subaward and GrantAgreement D Agreement F E MA Contract#H0054 D Drawings Lakeside Gardens Map D Attachment Pre-Award request D Attachment Updated budget request Page 222 of 541 1 RESOLUTION NO. R19 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 HAZARD MITIGATION GRANT PROGRAM (HMGP) COST- 6 REIMBURSEMENT CONTRACT #110054 FOR PHASE I/PRE- 7 AWARD OF LAKESIDE GARDENS NEIGHBORHOOD (DIMICK 8 AND POTTER RD. PROJECT) — DRAINAGE IMPROVEMENT 9 FEMA PROJECT NUMBER 4337-121-R, OBLIGATING FEDERAL 10 FUNDS FOR THE AMOUNT OF $83,250.00 WITH A $27,750.00 11 MATCH FROM UTILITIES FOR A TOTAL OF $111,000.00; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the Federal Emergency Management Agency (FEMA) provides a 16 matching grant (75% Federal, 25% local) through the Hazard Mitigation Grant Program 17 that addresses flooding; and 18 WHEREAS, the Lakeside Gardens community is prone to flooding during high 19 tides and rain events and the need for drainage improvements was identified in the 2013 20 Flood Mitigation Plan; and 21 WHEREAS, on July 31, 2018 the City applied for the HMGP under the Hurricane 22 Irma disaster declaration FEMA-4337-DR-FL, however the project was not ready for 23 construction therefore, the City requested pre-award funds which are costs incurred before 24 the grant is awarded; and 25 WHEREAS, Cost-reimbursement Contract #H0054 is only for the Federal Share 26 of Phase 1 $83,250 which is 75% of the requested $111,000. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 28 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\14B5C462-OF4F-4594-BDB8-B5AOD168F4A6\Boynton Beach.18361.1.Approve_Hazard_Mitigation_Program_Grant Cost Contract - Reso.Docx Page 223 of 541 33 Section 2. The City Commission approves and authorizes the Mayor to sign 34 the Hazard Mitigation Grant Program (HMGP) cost-reimbursement Contract#H0054 for 35 Phase I/pre-award of Lakeside Gardens Neighborhood (Dimick and Potter Rd. project) — 36 Drainage Improvement FEMA project number 4337-121-R, obligating federal funds for 37 the amount of$83,250.00 with a$27,750.00 match from Utilities for a total of$111,000.00. 38 The period of performance is upon execution thru June 30, 2020. 39 Section 3. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this day of October, 2019. 41 42 43 CITY OF BOYNTON BEACH, FLORIDA 44 45 YES NO 46 47 Mayor— Steven B. Grant 48 49 Vice Mayor—Justin Katz 50 51 Commissioner—Mack McCray 52 53 Commissioner—Christina L. Romelus 54 55 Commissioner—Ty Penserga 56 57 58 VOTE 59 60 ATTEST: 61 62 63 64 Crystal Gibson, MMC 65 City Clerk 66 67 68 69 (Corporate Seal) 70 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\14B5C462-OF4F-4594-BDB8-B5AOD168F4A6\Boynton Beach.18361.1.Approve_Hazard_Mitigation_Program_Grant Cost Contract - Reso.Docx Page 224 of 541 SUB-RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVAL SUB-RECIPIENT: City of Boynton Beach PROJECT#: 4337-121-R PROJECT TITLE: City of Boynton Beach - Lakeside Gardens Neighborhood Drainage CONTRACT#: H0054 MODIFICATION #: N/A SUB-RECIPIENT REPRESENTATIVE (POINT OF CONTACT) nnnnnnnnn Ms. Angela�Prymas, Senior Engineer City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 Enclosed is your copy of the proposed contract/modification between the City of Boynton Beach and the Florida Division of Emergency Management (FDEM). COMPLETE ❑ This form is required to be included with all Reviews, Approvals, and Submittal ❑ Two (2) Copies printed for Approval ❑ Printed Single-sided (If your policy is to copy two-sided please contact me and 1 will send you two original one-sided copies for signature) ❑ Reviewed and Approved ❑ Signed and Dated by Official Representative(blue ink) ❑ Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, Chief ❑ Attachment I - Federal Funding Accountability and Transparency Act (FFATA) completed, signed, and dated (❑ N/A for Modifications) ❑ Two Signed and dated Originals mailed to FDEM - Tallahassee Florida Division of Emergency Management Mitigation Bureau— HMGP 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attention—Grant Specialist— Maleather Ross If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 815-4522 or email me at ebbie.Williamsp_em.myflorida.com. Page 225 of 541 Agreement Number: H0054 Project Number: 4337-121-R FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non-Federal entity that provides a subaward to a Sub-Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub-Recipient" means "a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non- Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub-Recipient's name: City of Boynton Beach Sub-Recipient's unique entity identifier: 59-6000282 Federal Award Identification Number (FAIN): FEMA-DR-4337-FL Federal Award Date: June 14, 2019 Subaward Period of Performance Start and End Date: Upon Execution thru June 30,2020 Amount of Federal Funds Obligated bythis Agreement: $83,250.00 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: $83,250.00 Total Amount of the Federal Award committed to the Sub- Recipient by the pass-through entity $83,250.00 Federal award project description (see FFATA): Drainage, Phase I Name of Federal awarding agency: Federal Emergency Management Agency Name of pass-through entity: FL Division of Emergency Management Contact information for the pass-through entity: Debbie.Williamsa-em.mvflorida.com Catalog of Federal Domestic Assistance (CFDA) Number and Name: 97.039 Hazard Mitigation Grant Program Whether the award is R&D: N/A Indirect cost rate for the Federal award: N/A 1 Page 226 of 541 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and the City of Boynton Beach, (hereinafter referred to as the "Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 2 Page 227 of 541 vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Sub-Recipient performance; and, ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Ms. Debbie Williams, Project Manager Division of Emergency Management Bureau of Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-815-4522 Email: Debbie.Williams@em.myflorida.com c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Ms. Angela Prymas, Senior Engineer City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 Telephone: 561-742-6421 Email: PrymasA@bbfl.us d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 3 Page 228 of 541 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK. The Sub-Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end on June 30, 2020, unless terminated earlier in accordance with the provisions of Paragraph (17)of this Agreement. Consistent with the definition of"period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub-Recipient "may incur new obligations to carry out the work authorized under"this Agreement. In accordance with 2 C.F.R. §200.309, the Sub-Recipient may receive reimbursement under this Agreement only for"allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is$83.250.00. d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any 4 Page 229 of 541 false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A, that clearly delineates: i. The required minimum acceptable level of service to be performed;and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal', which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub-Recipient"relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a)defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an established policy of the Sub-Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, iii. The accounting basis (cash or accrual)selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub- Recipient seeks reimbursement for travel costs that exceed the amountsstated in section 112.061(6)(b), 5 Page 230 of 541 Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes)and by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5)fiscal years from the date of 6 Page 231 of 541 completion of grant cycle or project. The following are the only exceptions to the five (5)year requirement: i. If any litigation, claim, or audit is started before the expiration of the 5-year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient. V. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, 7 Page 232 of 541 basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub- Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work -Attachment A- and all other applicable laws and regulations. (11)AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. 8 Page 233 of 541 §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub-Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non- compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(1), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient's fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 9 Page 234 of 541 (12)REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub-Recipient shall provide additional reports and information identified in Attachment F. (13)MONITORING. a. The Sub-Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. 10 Page 235 of 541 (14)LIABILITY a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15)DEFAULT. If any of the following events occur("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information;or, d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: 11 Page 236 of 541 a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. (17)TERMINATION. a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty calendar day's prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the 12 Page 237 of 541 notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18)PROCUREMENT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(1), the Sub-Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(b), the Sub-Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub- Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive)at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub-Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub- Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub-Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: 13 Page 238 of 541 i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. e. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub-Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract. f. The Sub-Recipient agrees to include in the subcontract that (i)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (iii)the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. g. As required by 2 C.F.R. §200.318(c)(1), the Sub-Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C.F.R. §200.319(a), the Sub-Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition."Accordingly, the Sub-Recipient shall not: 14 Page 239 of 541 i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process;or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub-Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c)as well as section 287.057(1)(a), Florida Statutes. k. The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d)as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub-Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (19)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. 15 Page 240 of 541 c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A— Budget and Scope of Work iii. Attachment B— Program Statutes and Regulations iv. Attachment C—Statement of Assurances V. Attachment D— Request for Advance or Reimbursement vi. Attachment E—Justification of Advance Payment vii. Attachment F—Quarterly Report Form viii. Attachment G—Warranties and Representations ix. Attachment H —Certification Regarding Debarment X. Attachment I — Federal Funding Accountability and Transparency Act A. Attachment J —Mandatory Contract Provisions (20)PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub- Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty days of receiving notice from the Division. 16 Page 241 of 541 (21)REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22)MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in 17 Page 242 of 541 excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local)transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity(federal, state or local)with commission of any offenses enumerated in paragraph (22)f. ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local)terminated for cause or default. g. If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. h. In addition, the Sub-Recipient shall send to the Division (by email or by facsimile transmission)the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H)for each intended subcontractor which Sub- Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e)of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the Sub-Recipient of the employment provisions 18 Page 243 of 541 contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 19 Page 244 of 541 (24)COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty days of execution of this Agreement, the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION. The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. 20 Page 245 of 541 (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. V. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared 21 Page 246 of 541 ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory 22 Page 247 of 541 assurance of future compliance has been received from such Sub-Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 23 Page 248 of 541 (30)SUSPENSION AND DEBARMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905)are excluded (defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31)BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following 24 Page 249 of 541 affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasksor quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33)ASSURANCES. The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 25 Page 250 of 541 IN WITNESS WHEREOF, the parties hereto have executed thisAgreement. SUB-RECIPIENT: CITY OF BOYNTON BEACH By: Name and Title: Steven B. Grant,Mayor Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Jared Moskowitz, Director Date: 26 Page 251 of 541 EXHIBIT— 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant Catalog of Federal Domestic Assistance title and number: 97.039 Award amount: $83,250.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • Sections 1361(A)of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 • 31 CFR Part 205 Rules and Procedures for Funds Transfers Federal Program: 1. Sub-Recipient is to use funding to perform the following eligible activities: • Intermediate Stormwater Drainage System • Major Flood Control Drainage System 2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. 27 Page 252 of 541 Attachment A Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to improve drainage along Potter Road and North Lake Drive in Lakeside Gardens Neighborhood in Boynton Beach, Palm Beach County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-121-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub-Recipient, City of Boynton Beach, shall conduct Phase I of this project, which includes the preliminary engineering designs and calculations, surveys, permitting, and notices. No construction activities are approved at this time. The Sub-Recipient shall complete the Phase I work in accordance with all applicable federal, state and local laws, regulations and codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub-Recipient proposes to improve the drainage system along Potter Road and North Lake Drive in Lakeside Gardens Neighborhood located in Boynton Beach, Florida 33435. GPS Coordinates: NE (26.552477, -80.052960) NW (26.552155, -80.055361) SE (26.551157, -80.052975) SW(26.551187, -80.055517) This scope is for Phase I only; which includes but is not limited to surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, for Phase 11 approval. No construction activities for this project have been approved. When completed, the Sub-Recipient shall provide deliverables for Phase 11 review of the following proposed activities. The Phase 11 proposed scope of work shall include construction of the proposed project and execution of all activities; the proposed upgraded drainage systems major items involve new roadway drainage, reconstruction, widening and regrading of the roadway with curb and gutter, including two outfalls where stormwater discharges into the intracoastal waterway. Four existing structures will be replaced and five new drainage structures will be installed, including a drainage pump station. Both existing outfalls will be redesigned/ upsized including back flow prevention valves. The new drainage system, roadway widening and regrading including curb and gutters, will promote better surface drainage that leads to greater protection of life and property in the Lakeside Gardens neighborhood. The project shall be designed to provide protection against a 50-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. TASKS&DELIVERABLES: A) Tasks: 1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the Phase I scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in 28 Page 253 of 541 accordance with the Sub-Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub-Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form"for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub-Recipient. The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub-Recipient shall monitor and manage the Phase I portion of this project in accordance with the Hazard Mitigation Grant Program application and supporting documentation as submitted to the Division and subsequently approved by the Division and FEMA. The Division and FEMA shall render a Phase II determination upon completion of the review of Phase I deliverables. No construction activities are approved at this time. The Sub-Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. Phase I consists of fees; for conducting survey, drainage study, engineering, design, public notices, and/or permitting associated with the modification(s)needed to upgrade the drainage. Verification of upstream and downstream impacts shall be necessary for determining project eligibility. All Phase I work shall be completed in accordance with all applicable state, local and federal laws and regulations and documented, as appropriate. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all scope of work changes, if any. a) Two sets of engineering Signed/Sealed final design and analysis, surveying, and Hydrologic and Hydraulic (H&H)Studies. b) Construction Plans and bid documents. c) Revised cost estimate for Phase II —construction (include Phase I costs), to implement the design project. d) Design documents shall provide a detailed description which includes specifics on project scope of work, depth and extent of ground disturbance at all construction locations of the project. e) Color maps including topographical, aerial, and ground disturbance. f) Color photographs of the project area and areas of ground disturbance. g) Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District (WMD)shall be 29 Page 254 of 541 required. Any conditions for compliance shall be included in the final design plans, narrative and project implementation actions. h) Copy of the Florida Department of Transportation (FDOT) permit or No Permit Required notification, if applicable. i) Copy of the United States Army Corps of Engineers (USACE) permit or No Permit Required notification. j) Letter from the Floodplain manager verifying the project is in compliance with local floodplain ordinances/regulations. k) Any other documentation requested by the Division, not limited to Project Conditions and Requirements herein. 3) During the course of this agreement the Sub-Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share)related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel with each reimbursement request attesting to the completion of the work,that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Direct Expenses: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses: The Sub-Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub-Recipient. Quarterly reports shall be submitted by the Sub-Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual Phase I costs related to the project as identified in the project application and this scope of work. The Requests for Reimbursement (RFR)shall include: 30 Page 255 of 541 a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub-Recipient's Request for Reimbursement shall include the final Phase I project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of Phase I activities, which include engineering, designing, plans preparation, permitting and bidding for the proposed project, for Phase II approval, and to implement measures to upgrade the drainage system along Potter Road and North Lake Drive in Lakeside Gardens Neighborhood located in Boynton Beach, Florida 33435. The designed project shall provide protection against a 50-year storm event. Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Enaineerina: 1) The Sub-Recipient shall submit Engineering plans that clearly show the engineer's estimate of the pre and post-mitigation effects of the proposed project and the relationship of the damages to be mitigated (commensurate with the level of funding requested). The H&H study shall contain at least 3 scenarios, where one represents the level of protection; under each scenario, the Sub-Recipient must identify the losses before and after mitigation (structural, content, displacement, road closure duration, or any other needed to show the improvements after the mitigation project is implemented. This includes, but is not limited to, the existing and proposed hydrology and hydraulics for the level of event being mitigated. 2) Demonstrate mitigation effectiveness, in part, by showing the physical location(s)and elevation(s)of the infrastructure/structures that are being damaged and FEMA Special Flood Hazard Areas on the same plan. 3) Submit a refined cost estimate, to include final Phase I Fees and Phase II Construction Materials and Labor. D) Environmental: 1) Any change to the approved scope of work shall require re-evaluation for compliance with NEPA and other Laws and Executive Orders. 2) Acceptance of federal funding requires the Sub-Recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. 3) Consultation with the Floodplain manager is required to ensure the project is in compliance with local floodplain ordinances/regulations. 4) Meet all required Environmental laws and policies, and all necessary Environmental compliance documents shall be obtained as applicable. 31 Page 256 of 541 a) United States Army Corps of Engineers (USACE): Consultation with the USACE is required. A permit or No Permit Required shall be submitted. b) Florida Department of Transportation (FDOT): Any onsite/offsite improvements associated with proposed project activities that impact FDOT right-of-way shall require the appropriate FDOT permit(s). FDOT Permit Coordinator shall be contacted once finalized plans are available. c) Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be submitted. Any conditions for compliance shall be included in the final design plans, narrative, and project implementation actions. 5) Historical Preservation compliance documents shall be obtained. Review documentation required: a) Color maps including topographical and aerial with the project location clearly marked. b) Color photographs of any area with ground disturbance (electronic). c) Indicate if project site is located within a designated historic district or historic neighborhood. 6) Tribal Consultation shall be required for proposed ground disturbing activities. The following documents shall be required and submitted as part of deliverables: a) Color ground disturbance maps showing the full extent of the project footprint and depth of ground disturbance. Geographic latitude/longitude (decimal degree format) of the proposed construction areas and staging areas. b) Previous and current use of proposed project area. c) Any known site work or historic uses for the proposed location. d) Any available studies that may have taken place on the property. 7) Phase I of this project is approved with the condition that the above list of deliverables shall be submitted for review and approval by the Division and FEMA before Phase 11 is considered. 8) No construction work may begin until Phase 11 is approved by the Division and FEMA. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub-Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub-Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 4) Phase I — Design of this project is approved with the condition that the enclosed list of deliverables shall be submitted, 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA before Phase 11 —Construction is considered. 5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division a minimum of seventy(70)days prior to the expiration date,for Division processing to FEMA. 6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 7) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 32 Page 257 of 541 This is FEMA project number 4337-121-R. It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster Hurricane Irma. FEMA awarded this project on June 14, 2019; with a Pre-Award date of March 1, 2018; this Agreement shall begin upon execution by both parties, and the Period of Performance for this project shall end on June 30, 2020. F) FINANCIAL CONSEQUENCES: If the Sub-Recipient fails to comply with any term of the award,the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. Schedule of Work Phase I_ State & Local Contracting: 2 Months H & H Study: 3 Months Engineering Design Specifications: 4 Months Permitting/Survey: 2 Months Deliverables Submitted for Phase II Review: 1 Month Total Period of Performance: 12 Months 33 Page 258 of 541 BUDGET Line Item Budget* Project Cost Federal Share Non-Federal Share Materials: $0.00 $0.00 $0.00 Labor: $0.00 $0.00 $0.00 Fees: $0.00 $0.00 $0.00 Pre-Award: $111,000.00 $83,250.00 $27,750.00 Initial Agreement Amount: $111,000.00 $83,250.00 $27,750.00 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $111,000.00 $83,250.00 $27,750.00 *Any line item amount in this Budget may be increased or decreased 10% or less without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. This project has a Pre-Award, approved by FEMA in the amount of$111,000.00 project costs with a start date of March 1, 2018. *** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part VI, D.3.4— Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re-budgeted to another direct cost category and identified. Post- award changes to the budget require prior written approval from the Division(FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of$0.00 Funding Summary Federal Share: $83,250.00 (75%) Non-Federal Share: $27,750.00 (25%) Total Project Cost: $111,000.00 (100%) 34 Page 259 of 541 Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement. In addition to the above statutes and regulations, the Sub-recipient must comply with the following: The Sub-recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A(Budget and Scope of Work) attached to this Agreement, in accordance with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. The Sub-recipient shall not deviate from the approved project and the terms and conditions of this Agreement. The Sub-recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Sub-recipient and any land use permitted by or engaged in by the Sub-recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Sub-recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land use permitting authority, where required. The Sub-recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. The Sub-recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then the Sub-recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project. (1) The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; 35 Page 260 of 541 (2) No new structure will be erected on property other than: a. a public facility that is open on all sides and functionally related to a designed open space; b. a restroom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 CFR 206.438(b). The National Environmental Policy Act (NEPA)stipulates that additions or amendments to a HMGP Sub-Recipient Scope of Work (SOW)shall be reviewed by all State and Federal agencies participating in the NEPA process. As a reminder, the Sub-recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: (1) For Construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (44 CFR 13(c)); (2) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3) The Sub-recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA sixty days prior to the project expiration date. The Sub-recipient assures that it will comply with the following statutes and regulations to the extent applicable: (1) 53 Federal Register 8034 (2) Federal Acquisition Regulations 31.2 (3) Section 1352, Title 31, US Code (4) Chapter 473, Florida Statutes (5) Chapter 215, Florida Statutes (6) Section 768.28, Florida Statutes (7) Chapter 119, Florida Statutes (8) Section 216.181(6), Florida Statutes (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (11) Section 112.061, Florida Statutes (12) Immigration and Nationality Act (13) Section 286.011, Florida Statutes 36 Page 261 of 541 (14) 2 CFR, Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A, Title II of the Americans with Disabilities Act (ADA)(1990) (22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and Part 39 (23) 42 U.S.C. 5154a 37 Page 262 of 541 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub-recipient certifies that: (a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained in it, and directing and authorizing the Sub-recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Sub-recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Sub-recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d) All Sub-recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Sub-recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub-recipient. Any cost incurred after a notice of suspension or termination is received by the Sub-recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub-recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week;and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (f) It will comply with (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub- recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Sub- recipient, this assurance shall obligate the Sub-recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is 38 Page 263 of 541 used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107)which prohibits discrimination on the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes; (h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for"kickbacks" of wages in federally financed or assisted construction activities; (i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; Q) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas (SFHA), the Sub-recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha_conditions.shtm (k) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The Sub- recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (I) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.)by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR, Section 800.8) by the proposed activity; and 39 Page 264 of 541 (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800. (4) When any of the Sub-recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency Management Agency(FEMA) may require the Sub-recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Sub-recipient agrees to participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub-recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub-recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery or archeological data from the property. If the Sub-recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Sub-recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct the Sub-recipient to implement the treatment plan. If either the Council or the SHPO object, Sub-recipient shall not proceed with the project until the objection is resolved. (6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a)of any changes in the approved scope of work for a National Register eligible or listed property; (b)of all changes to a project that may result in a supplemental DSR or modify a HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. The Sub-recipient acknowledges that FEMA may require the Sub- recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Sub- recipient further acknowledges that FEMA may require the Sub-recipient to take all 40 Page 265 of 541 reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Sub-recipient also acknowledges that FEMA will require, and the Sub-recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) The Sub-recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, the Sub-recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. (m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686)which prohibits discrimination on the basis of sex; (n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (p) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.)which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement; (s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601- 3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C.7401-7642; (u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C.7419-7626 (v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; (w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C.4728-4763; (x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (y) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.; (aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; 41 Page 266 of 541 (bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; (cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (gg) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (h h) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C.661-666. (ii) With respect to demolition activities, it will: (1) Create and make available documentation sufficient to demonstrate that the Sub- recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. (2) Return the property to its natural state as though no improvements had ever been contained thereon. (3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in the Sub-recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. (4) Provide documentation of the inspection results for each structure to indicate: a. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present (5) Provide supervision over contractors or employees employed by the Sub-recipient to remove asbestos and lead from demolished or otherwise applicable structures. (6) Leave the demolished site clean, level and free of debris. (7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work. (8) Obtain all required permits. (9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 42 Page 267 of 541 (11) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts. (12) Provide documentation of public notices for demolition activities. 43 Page 268 of 541 Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS SUB-RECIPIENT: City of Boynton Beach REMIT ADDRESS: CITY: STATE: ZIP CODE: PROJECT TYPE: Drainage, Phase I PROJECT#: 4337-121-R PROGRAM: Hazard Mitigation Grant Program CONTRACT#: H0054 APPROVED BUDGET: FEDERAL SHARE: MATCH: ADVANCED RECEIVED: N/A AMOUNT: SETTLED? Invoice Period: To Payment#: Eligible Amount Obligated Federal Obligated Non- Division Use Only 100% Amount Federal (Current Request) 75% 25% Approved Comments TOTAL CURRENT REQUEST: $ By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812. SUB-RECIPIENT SIGNATURE: NAME/TITLE: DATE: TO BE COMPLETED BY THE DIVISION APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE 44 Page 269 of 541 SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MTIGATION ASSISTANCE PROGRAM SUB-RECIPIENT: City of Boynton Beach PAYMENT#: PROJECT TYPE: Drainage, Phase I PROJECT#: 4337-121-R PROGRAM: Hazard Mitigation Grant Program CONTRACT#: H0054 REF NO2 DATES DOCUMENTATION 4 (Check) ELIGIBLE AMOUNT COSTS (100%) 1 2 3 4 5 6 7 8 9 This payment represents % completion of the project. TOTAL z Recipient's internal reference number(e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule#) s Date of delivery of articles, completion of work or performance services. (per document) 'List Documentation(Recipient's payroll,material out of recipient's stock, recipient owned equipment and name of vendor or contractor)by category(Materials, Labor, Fees)and line item in the approved project line item budget. Provide a brief description of the articles or services. List service dates per each invoice. 45 Page 270 of 541 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: City of Boynton Beach If you are requesting an advance, indicate same by checking the box below. [ ]ADVANCE REQUESTED Advance payment of$ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for 90 days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20--20—Anticipated Expenditures for First Three (list applicable line items) Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety(90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term as evidenced by copies of invoices and cancelled checks as required by the Budget and Scope of work showing 100% of expenditures for the 90 day period shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance. 46 Page 271 of 541 Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM Instructions:Complete and submit this form to the appropriate Project Manager within 15 days of each quarter's end date. SUB-RECIPIENT: City of Boynton Beach PROJECT#: 4337-121-R PROJECT TYPE: Drainage, Phase I CONTRACT#: H0054 PROGRAM: Hazard Mitigation Grant Program QUARTER ENDING: Advance Payment Information: Advance Received ❑ N/A❑ Amount: $ Advance Settled?Yes ❑ No ❑ Provide reimbursement Projections for this project (projections may change): JulSep 20 $ Oct-Dec 20_ $ Jan-Mar 20_ $ Apr-Jun 20® $ Target Dates: Contract Initiation Date: Contract Expiration Date: Estimated Project Completion Date: Project Proceeding on Schedule? Yes No (If No, please describe under Issues below) ❑ ❑ Percentage of Work Completed (may be confirmed by state inspectors): % Describe Milestones achieved during this quarter: Provide a Schedule for the remainder of work to project completion: (Milestones from Contract with estimated dates) Milestone Describe Issues or circumstances affecting completion date, milestones, scope of work, and/or cost: Cost Status: Cost Unchanged Under Budget Over Budget ❑ ❑ ❑ Additional Comments/Elaboration: NOTE:Division of Emergency Management(DEM)staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions become known, otherwise you may be found non-compliant with your sub grant award. Person Completing Form: Phone: To be completed by Division staff Date Reviewed: Reviewer.- Actions: 47 Page 272 of 541 Attachment G Warranties and Representations Financial Management The Sub-Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§200.317 through 200.326). Business Hours The Sub-Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:00 AM -5:00 PM. Monday Thru Friday, as applicable. Licensing and Permitting All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub-Recipient. 48 Page 273 of 541 Attachment Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor, . of the Sub-Recipient oertifies, by submission of this doounnent, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ine|igib|e, orvoluntarily excluded from participation in this transaction by any Federal department oragency. (2) Where the Sub-Recipient's subcontractor is unable to certify to the above statennent, the prospective subcontractor shall attach anexplanation tothis form. SUBCONTRACTOR By: City of Boynton Beach Signature Sub-Recipient's Name Name and Title DEM Contract Number 4337-121-R Street Address FEMA Project Number City, State, Zip Date 49 Page 274 Of 541 Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA)was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://www.usaspending.gov/. The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ("FDEM" or"Division") must use to capture and report sub-award and executive compensation data regarding first-tier sub-awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2)of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a sub- award (Agreement)that obligates $25,000 or more in federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT#: 4337-121-R FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $83,250.00 OBLIGATION/ACTION DATE: June 14,2019 SUBAWARD DATE (if applicable): DUNS#: 072247133 DUNS#+4: 50 Page 275 of 541 *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb.com/webform). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: Cit,, of Boynton DBA NAME(IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: 3301 Quantum Blvd, Suite 101 ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY Boynton Beach STATE: FL ZIP CODE+4** 33426-8670 PARENT COMPANY DUNS# (if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE(CFDA#): 97.039 DESCRIPTION OF PROJECT (Up to 4000 Characters) The City of Boynton Beach proposes to improve the drainage system along Potter Road and North Lake Drive in Lakeside Gardens Neighborhood located in Boynton Beach, Florida 33435. GPS Coordinates: NE (26.552477, -80.052960) NW (26.552155, -80.055361) SE (26.551157, -80.052975) SW(26.551187, -80.055517) This scope is for Phase I only; which includes but is not limited to surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, for Phase 11 approval. No construction activities for this project have been approved. When completed, the Sub-Recipient shall provide deliverables for Phase 11 review of the following proposed activities. The Phase 11 proposed scope of work shall include construction of the proposed project and execution of all activities; the proposed upgraded drainage systems major items involve new roadway drainage, reconstruction,widening and regrading of the roadway with curb and gutter, including two outfalls where stormwater discharges into the intracostal waterway. Four existing structures will be replaced and five new drainage structures will be installed, including a drainage pump station. Both existing outfalls will be redesigned/ upsized including back flow prevention valves. The new drainage system, roadway widening and regrading including curb and gutters, will promote better surface drainage that leads to greater protection of life and property in the Lakeside Gardens neighborhood. The project shall be designed to provide protection against a 50-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Verify the approved project description above, if there is any discrepancy, please contact the project manager. 51 Page 276 of 541 PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): Lakeside Gardens Neighborhood ADDRESS LINE 1: Potter Road ADDRESS LINE 2: North Lake Drive ADDRESS LINE 3: Dimick Road CITY Boynton Beach STATE FL ZIP CODE+4** 33435-2418 CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: **Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a)80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts)and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.)subject to the Transparency Act, as defined at 2 CFR 170.320; , (b)$25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts)and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.)subject to the Transparency Act? Yes ❑ No ■' If the answer to Question 1 is "Yes,"continue to Question 2. If the answer to Question 1 is 'Wo", move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation"for the five (5) most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in 52 Page 277 of 541 accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property)for the executive exceeds $10,000. TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion ) Rank Total Compensation (Highest to Name for Most Recently Lowest) (Last, First, MI) Title Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: Steven B. Grant,Mayor DATE: 53 Page 278 of 541 Attachment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: i Guidance Pt.200,App.It {D)Da,, n,llacon Act,as,a rmonio=d(40 U,S C art^+LCWLrl::Or as as Flt s; on 91,!1 421,10).Whon roquiruxrl by hodoral pros-ran tho open rnarkeit or contracts four l,nan?spcjr- Bmrwgt,r,Iatlon.all p"inne c onst.rtrctiasn cortura'c"Cr l atltln or,G'9'AnsrnI.e`6'6on of l nt,,Allgent`.o. on axu. 3 of S2,000 awar(hd by non Vclurdal IF) fflghLe, to lrtvantle.is twlajo trnslear as in titios must lnnlu€t,at provision for co mprli Crrturaa.a orA,_noontiona: If tho V l 1a1 award ansa« with Ore liaavii.,11%con Act 00 14S C" rnrotn tho doflnit•lon of funding a„ro orruni;" 3121-d 71 and 3146 Mi�ki,as sapplorri ont,o3 by Lander 37 CF911 §4012 raar and tho+IwAlplont,or llopaarLmont of Labor° rcpmlalnons t29 C"l^1t 6trt+rN'tt.1Ron L whae l. „ T,0rrt+,r einto a,°ainLraa,l; Part,, °L.�akor 'Stanadxrdr Pani-slon, Alaiili- wvtl:.lr a rrnaht trua.laseis.,�frrrn or,nanproftt o.+rn.�a., aablo to ryonixar„1.., Covering Issdoially 1'I n3tat3on r zardln„ tho ,aly,urntron of gxwr•- mmnud alul r.,..t s`Cr=rl C onst,rumon"",. In av u,io . ,a <<i€r rsrriinu rar' tor'forrn:sn+cO of a.xpeta- ceircUmc`s,wi C;..h Chau p ututt, contractors nn:,t 171d3:nal d ovolop rionl m, or rl+:#Soareh work bo roquirod to pay wago.,to l,aborwrs,and rear, nnrdavr t,hai,."fundin a,pr,aa,nr,nt,,' thtu r€ccllir- c•hanle-s ata r°ato nor tom=tharr tho provailrnir orr,or Uf ,ctpaont mus"k comply with uhc ro-- wagos :;pocifi„1 in a wage, dotorninutron 1ni+nroant f2'Cl lF 1'amrt lol,”"IZi huw Iri- rrrado by tho Socrotary of Labor,In ati¢il�aun ventrons Made b Nonprofit ('frgamiasailuns vcrnt.r,ewtcat rtr.iast, Ixn+ •lirrrodl lia:a wr Vs and Small Iilu.�indu:c prr-rns VrLkdd±t Clo`•;arn- nol ta..,., tharl on_o as w000 'I'll,, non Folor:at nater taransa; Ctmrrracry mid CoorNwa..tivo tntlty infuit•p4la o fa copy of tho currmit pro- AgrodYaf4en ,'' and Any 4C11PIOS9 OnLE6➢'ri°nE'ulaf vatling,waVo d t7rmInatlon 1. 4ttaos,l by rho Do, 1,10115 i.w.,sand by the awarding gn n.rr,. fr't,n'lcint Of l.alry F In oxch solicitation. "t°!�� l(ll C'lian A.rm Ac I,i 114.S,G.,7401-76-1 1c1,8 anntd ..lsosrvioan to award a =aontrael OR,'sulaccanuract rho l Floral%Vark,r 1 oHaLion C-rrioP A�•.r,r must I*conff tion d upon t.hpa.�t.a,rE;rc araC r�of ll&C 'i„1,1 tl;.vTMR y,as,asnt n od Contracts and Ull;kz wand dr Garn...rrmn,ation Thr niau.Pod:nrat.ora ;trtlrtmu krat,., of ;arnoutii f in oxc4 ss of Etrati,(lt l alty frust sioport all a;ugQ�tsd OR- roP)ortocl rruut rona_�Rh ,% prouiaron ulutu roquiros, ttrr, y1olratttan. to tho F,od raaB awardtng xgoncy non-Foair{ral award to ammo to comply wtrh "1`€,contraci'. mur ,a akr�rnrjdr,'.a prOVII'llon a.h ,aplatlacatlalo .,txnaleard.r, ordor�,; or rogulla- fur ..crng..tiarac with llic, C opaol,artd ''Anit- uron, i.w.trar:l lrts 3urarat t,o Or) C'la:an Air Act. Kic:kbatak' Act X40 L,1,.5 C" 21451, as, aup+plu a44'.U.S.C. 7401 7671e1l and tho 1?•at„rd,aeavrl W':tat„ur. mnntaatl by B1eynxtionont of T,afior rgulawt,ar,.tn7 l'rrll.tl.ri Conix.1 Act ,artiondo.cl 433 lJ S.0 r20 CFR Part, .1 Crrnt.r actr•,r.;s and Sulo- 1251-1.1271 Violaattont,raiivo, leo r,ylxsrlaaal Cas On, r oantrac con on Isubll•,� llmlIdmg* or Iaubli� P'olarsl cawmrPPrr„ agonQy and tho Tlcign anal Work k inanaea.l in p5.'holre,for in Part by Umns Ofil,x of tbo Envir°onmoneal Prower tioan or orant.rys from tho lltnr ct 11re C t ?a =in,•r•i KIIAti . providoa° that oast, ann1frae•lnar or i;Ub 411E 19ranrlaa:,l,s tanY.at°ale 2antl peaSictsr ro- rrv,3pi,art,rrsuz;.a lx:prohlbitsal from Inducing, latae, to <_na4r-r o+ffl lancy w°h1uh :aro viarn- by arty moans. any punrron 0rXpI0,11ntE In than a atnnal In tha7 rIato onor[oy tonsorvwtion Pian ;orntrtrui,loalL c.ornpstotion,or rr€hair of public 1+muod In<osrnfrIUanc�o wmh tholiFn��rna°Policy wtai°k to gIvee, Let's arae" part(if sho,oanp,00taa< ands^inr swaticn Aav142 r :ir".r201), t.aon to whio-1i no or°,`ha;,is orhrs'rwi,,,o entltrtuaal il; l,Robaxtrinnt. an.l c`Surpm-sl n rhixocuiUve I^Fran nota-Fo4o,al unl1ty r r,t raupx,ra, all Fos: Ordersc 125,19 ant 126lll`rt a contr t award foul l or roporuod utanPaalon:cua rho k&Iorot esrxio 2 CPR Iffl=20r must not Ix,1mado to par- .aw^Par`,lfn r agon;;1", Oar-, h,F,oA on tho,a overnmon smide ExchtusPod CNI £cntr.ar:t. Work Houir:,; and ~':,,. et,c l'artlo.,lLlst ;,Mxcti In tho Se'torn far Award Slandatl leu Act 440 L;.SC' 1701-Mit[b, W'41aas'o Maa:rua_rnont oS�„k4,�° 1:n^rx.:uos,.Y,tance with ilio: apoplicabl4,al I c o,nurae.ta iiw"artdod by tho non- OMB nu,i lr.lmo.,.°at 2 CPR IKI that itsapEt�,rnornr; F,olr^.ria.l entity in nx,;,<€'°c of 31001 that in. Eaxt?caai,ivo t3ni+o., l.?-Alf) i3 CPR Part, SCaa&,.. wait"1 Lhr otr t lei re nt,of moc141nrus,or hrabot' C'tornp, p lits a and 1':li,u�da t.3 C"1:'43 Parc lilvi ra rntot rnr.cid—a provigion for cornpllar'wa Corbp,la : ji. Laobarniont:and Stazpezin mon,` wli,h 40 U.S.C.;3757+21 and.3,tal :as ,,upplavmontod 'M va Lxclradod Parilo,,,, Lint, S stern irr SAM law, Dep,ararnOnr of Latwir ro tttatron,, 29 CM coni.arn a the,n<anao,of paartlus dmrtyaarcal, Sault.. Part al, Under 40 U&CTIM of tho Act,.oa,oh pw,naler€d,or othorw-ie'c oxc IU+Fsrrl by as contractor niust, ho msluirod to cornputo t.ha wall ai partteta,do larod ini,ll,_nUlo,undeir sKat... wagoo,of overy nrao ba:nr,; and habor%,,an tho uVwy or rnpaulatorc autfrorltp uthor titan Ex. ha*i, o1 a wtanalaxd work renok of'ill ho;ar, vt;ur•:rar f,)y,d rr lafrFS'l, Work In axcos,of tho ae„arn hwA work wook i4 fh'i 13f•"n l AntiLobbying, Arnarolmon& (9:1 Virnl.ssibl r provr<lr,i thtau tho workor 1,a,o..r r U, .0M'7-.....Contuyt,ctsIn, that apply or ralod ivri sato d at a Tato of not l^o.,tt.an an,a And a for an a w'arxl of S160.OW or moro mutt filo tfro, halt t3rmoxx tho bas C r ata of paay to I a I I hcol yr roqululd a°rel tYfi nt,ron, 4,aa h uor cor un,)< to worrkod in oxto_s of 40 hortm* in tiro work Cho ttrr :abovo that, it. will 1101.And has not wao k '17ho t'oquir°omonts of 4lr L, F 3101,aro um)d Podoral appirol:,rlatodl funds ro futy any :cpplic,ablo to cvn.ttrue:4:lon work and prove du parorn or a R-,n nl7%(,Ron for lnnuon.ln„r or at,. chat no libower or bre^c,hanic rnuaa. bo r• 'opirpning to Irnfluence an offia:or or ernployoru duubvA to work to surroundings, of under (,If any xconerv° a nalnlx',u of C'asnt'row officakt workin.z r,oncilCron.; wrhti^ta rases an innars' or ounplo,loo of C.,n.rocs,or an anvnployo�,of;ra ha7ar,loun or d anE,'tatt}W" t hr ao rortuireernvrnt; tnerabor of Congrcnz an connoartl,.tm w,rr,h oba do not.apply to thus pnrcha of supphae,or t„arnrr„ any P`nd n al contr ant,..grana or arnv 195 54 Page 279 of 541 Pt.200,App.Itll 2 CFR Ch.11 (1-1-1d Edfflon othr-r award centred by 31 U,S,C, 1152Plaea 9,i( S.-jn tired research moans aH research filer must st aalso @di Clo,,o any lot.)b,'ng Nd"'mh a.tl5.d i,pb79J+'ilopP".i' IL, m-„r1%,irles that arc ;pd711, non..It`odorml glands that takos pla:A in c'ona sovoil by I'r':iadoral and nen•I'odoral aZonetos nocrion w1rh obUiAnpnp any T'odo al award, and or.aniza;tionn Tbti;torn)lirc;;Iu€its,a0'Ivt- �Su,..h disclosure,,; .arcs k"eortualdod from wr LO &iii Invcrlwln� tho cisimtlr,e of indivkdunla In rl x up to th@ non-Foderar award, i gra.mh bechn juoi; (rraii monly z illod re- (K) Soo §N(1299 Piocur„om ont of r cover,ad search tratrin.wt w1ior+o Stich ac tiniest utillzsrm, material,”, t,hra,Miler fa;Ilitic.,as naris€,t re,ss arch and de— sr+Iogsin in a�IlvItloa and ashore su,.h activi. i�,vvE,-�N i.xtk Ill TO PARTiI YnifiRw- rie'""Wo.Iut ina,lrld(td In the insrarL ,,,.,Ton fungi (M,A Cos°rs IDMIN 'IFICii.'IIoN ANI) tion. ,A s SIGN?kgf;:~T, ANA,)RATE J,.,'➢'hYLM�€NA- i22 f.,vTVeT5•..tq fesFwc)i Ii7,k7aw; &H 7dsimt.rch 'r'1S7N FOR INSTITUTIONS of Ilptk..p�mn :anal dovelopment. a=tta•itxrs that, Ary ::a:apa- EDUeCA°I ION(II3ESI rabbisly hcldp wd and ac ountcd for by Ow. I,n- ,I.at,umon undor an sntornal appheation of In- A,GICNIMA1. n«A,GIC.,-;haat. srreaxtional fundi. University ro-som,.h, for Thb.; appendix provides crit*rla for WWI- purposcm of the do unsnt, mut be corn, fvirw and +ornput.ing tndir€icr ,or Indirect hinel vrith sncar orad r s oarvtI Undor tho sF&AaD rams at II[Es.a' n stitutionc) Indlroct func.ticin of o ,aritzod research, �V&AP costs mc, tho-a chat ar@ Incurred for ai OrNi sptoso and wArvfups moan'spr gCanis common tar= join obyic i f va,, utid khe ofar w and proioms ftit,aaai and by Fixborar and non- cannot tn)Idonr,rfrrsd roalrelx and p@a rfI.all, Voa§isr 1 i oncse an(]of urtratlno whicta.In- With a partic'u'lar prof act, an Ire v o I ve tho porfrlinan,:e of work o th or than rr- stj,u,,[Ionak ae tia its, or ans othar instills struction and air anizo l ro a as clr I:,xarnple rsoatal ar,tivit}, Spo ,uk-xiston 13.1-_ Dnfl:np of such proprains and paopocts are health rion of Pa,,.11 t um and Adinini uration, for a so-n.tice p;•a-lfects and coni shinny sirvico pias.. dlstr us, on of the a:,,o^npot orat;.-: of Itnllroct urzlri ,llravir:;i€er,aalk el an ot`e,hrr i.atc.r l,.t.tei ry P&Aa co-rt, at£5 nndcNmakon pis• tiie Iri°silutzti n wtt,t ,at, ourslcl,, =upteort, tbpy mwi, be classified ave,, F.Mayor Vultefooruntafcavi lea fr intens otli+rrItimUtumonalaatl:•mor. Rofa rl io moruction. o "tanks p rI :a chs d,OMP.7 Pat,muftnJW aril rare. ancaav all ae- at,lior ,a z aaree�I a r,Ialtl and altpasri inc;tAiu UIvitlI aaf an lintltutton oxc,eprr for reaufa ra. two nal actkvitts a;;dormod in tdn, werionr Cl ic, d rriz a sal i°e aar�h, a¢ npxo l ra- a. Fra Erurvdom moans th@ washing and soarch,and othi r sponsorod ac rlvitl ts do- rraintntz w tisvitac,;of an x i t,rtatiortI xcapL pined in this ocriron: Indirocr(P&A)court,ac- for ro,,c,ur'ch urainint a., p,rovl&W in ups tivrrr@,s IdentincAl In this Appk-n(lsx rema- o'Ac tinsn Is tht trrlrr I IM u i1or,tits tsachrn�;anei r^ath 11.Identification end w �i i rlx+ire of in- t'ainin ax°tr>rm whod"m"r ahoy aro offalrod dir••ec t (P&A, e o r,; „and sp oc,Iallzo l prices for 6.r oidia,r,tawslsl a dc,,v on or cortirocaw or facIlt ko d,a� nth ad lir J24KIAGS Srw I alnzed on a cion 'rrodit Wi rs, ,and wh?thei Elroy aeo 'orvicc,facihma ofrhis Tract offoroad thronffIi r Iular ,acadarnia depart- Emuriplos of other insitltriuonAl acrivitkos inents or spraa•a,t€t division!-,- uch as 1.1 "urean includo i',pc at an of rpiJ nu,, liswll,. JlnlnL rnorec_hay+l division oran cxtOnrlottdialsion haII,, ho pltah and Isstivs, swdont union. A150 C0fI.Aa,0r'Lt pari,Of Lhi:, n3alor fund tOn intorcollogiatO m hkmlo,.6 d7oL triroo. Eviwulty aro dopartintintap rc5oarch, and, sheer Ilan In rudont ap rrmones guest hrausos,, ,ugr£trid to-_uk'i orsitp ro starch. ehagxsk.,.rho'a�taor., public narasounrs and othor 01 'Sp.arssrared instruction and eramtsW trioarm tmilar auxiliary onrorpmsa3.This definition sposAfic in4Lku trerrlat tar trmniiiz a tiaitk r a9 o iravludis an; other i atogor°it of ai:rra°I- uablBdiod by �i`mu, contract, or crop radl o doaa tios, .o.us of whiwh arc) unxalloa;ablo” ro izrcipmorlt. For preurpioa'y= of rho owst 1sura- Fera] ttwr�ds, unh, r orhrrt�,a°I:rro Irdleatod oipll£ this activity may tlar eon.kdorod 3 In an awar'. irlaja ,Rine matin=van rnortoh an i:r sttuiation re 1,f;rr rrca far'F1Gaf rl rlax l,f ai ac,courim nr troatmont,may in'ludo It in.vho In:,tr'uction function.. a., RaLvee paenod °4 Bassa pxsr•irad for adt it.rihu- d2t Depwirneneal resr£r ch rriraris ro^ arcli. tiers of rnedtrocu aP&Aa co-as, is tho pasrtod d+rvaloprrrom :and .rAiowlttrly ictivaios Lhit during, wh i'Ai tho costs tire@ tnrrnrxL Thaa cart, not orZanmo,J rR.,{avA'l an d, r,card Int y poriod normally `hoUld 001nuldo With :.x4fuontly, are not sojxar3w,1y tatuigotawd ,and rho,f",,cal yoar,osr,,,0AIs,,ho.I by Uro im',tit,twon, M@arsunusael for, IdaipcartrrIanr,ral coraMrCh, for but:in any ovem,rho'f ,o porrod should bo so pu,rpaoros of r„hi,dwrinxim,Iv riot comiadorod soloctod a;. to avoid Inc patlt,l§as' in the M a rii.alrrr fuadw„taoan,tsar;i.«3 petard of Ore tri- tribution of co rorn, stru tion funs,tion of tlic ln,titutl&on. h, Needy for cost nroupilnrrs. The overall on- li,, Or{prerozed resau och nwants all rowamb IOCstIVO Of spry Indn'00 W&A ;.,:act,alkwatlom And clai'solopment aEct'rv'iUos of all Ir:Eirutlon psuco,5 ta, tao Iivtlsbuti than andiron.—,t {MM riaaat are"sIpwruatoly hucL:7uzral and ,accountod costs drmcribed in S aetion &d 1dontificatton for,It ircitidms r. and a.s:I;,"ninorjt Of Indiroct, W Acon.w,% to 6 55 Page 280 of 541 } � �rn W W CN LL Al- 6o (0 U) ( * _ t�B kS�}. r If t w's s a '6I =^,i C� Irk xs'r; (SS tvs 1 s( ...,1� � �U U r �� Cil C mlQ Z 'f 7r�" l£ r T✓It C�9 L`'�� I a h RS i �r 4 1*�} �'� as aMeI N20, No ' T- 77 ?$ � ,,•r i i � S ted l j t�r'�;'� ��k:� r'3'l µY.- 114 ������ 00l !t 1 y, yl, - i�:t WAP Ag,yr ll rr. r °r t 5ik fks . , �f �; g$ � ryI � t�� f All otg { t - nk,. _ Now Ira � d( _ � `� S - s, r r fitgF �, lk Ali ;r�. �d"{� ' & is PLC r �q g= N I. rY �.L..7 � Affif AAsr fl% s t �li s k tl Na�. �r ' x��r t1��� �3 t„� ��•h�1� LSI V Y � �' �w.. biUb 11�v, s � 4�� f k '• t� F s rEi�'� A _ ty �w � � � � � l� v it !^n, x q Wj CP c� B o l� �wo �S S t — MH laaapa�•N� ��� ,�,a �' �r �F7 0 . .. Fid 46 }, a ,:•J.. � (� }n y13 1 {f uCJ fS a w L.L '1 9 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT WESLEY MAUL Governor Director ASSISTANCEHAZARD MITIGATION PRE-AWARD COST REQUEST FORM To request Pre-Award Costs, please complete this form and submit with your project application. All ELIGIBLE pre-award costs are subject to an approved grant award and availabiiity of funding. If funding is not available or the project is not approved, pre-award costs will NOT be reimbursed and will be the sole responsibility of the applicant. If your project is approved and pre-award costs are eligible, the cost share for the reimbursement of these activities is up to a 75125 split. Disaster: Hurricane Irma Applicant: I -Palm Beach County-Application -1 Project ite: Lakeside Gardens Drainange Improvements Start Date for Pre-Award Activities: Pre-award costs associated with this request incurred prior to the date of declaration are NOT eligible. These costs include.,study or research to plan project engineering, modeling, permitting or environmental study. These costs must be reflected as a line item in the project budget. Construction costs should NOT be included. Construction activities may NOT begin until atter a contract has been fully executed with the State for this project. Activity l tEstimated is140,000.00 March 1,2018 n I !n !c 71 1 Point of Contact Information: Name; Angela A. Pryms Title: Senior Engineer Agency: i f c Address: 124 East Woollbright Road - Email: Authorizing t: Name: v r iMayor Signature: t : 1 V I S 10 N H E A D 0 U A R T E R S Tel: 850-413-9969 • Fax: 850-488-1016 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard a1 aals i tel srr� 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Page 282 of 541 Section IV. Budget/Costs 1D#4337-(160) This section,provide details of all the estimated costs of the project. As this information is used for the Benefit-Cost Analysis, reasonable cost estimates are essential. Pre-Award Costs, Project Managment, and any Contingency(maximum 5%)need to be reported as separate line items. All estimates rounded to the nearest dollar. A. Materials Item Quantity Cost per Unit Cost Storm piping (24" HDPE) LF 600 $ 83.00 $49,800.00 Storm piping (18" HDPE) LF 600 $ 44.00 $26,400.00 Type-2 Trench Drain EA 2 $ 5,500.00 $11,000.00 Drainage Structures-Catch Basins EA 11 $ 3,300.00 $36,300.00 Water quality structures EA 2 $ 5,500.00 $11,000.00 Back-flow Prevention Valve EA 2 $ 16,000.00 $32,000.00 Drainage Pump Station EA 1 $ 80,000.00 $80,000.00 Dewatering LS 1 $ 5,000.00 $5,000.00 Outfall removal and upgrades EA 2 $ 17,100.00 $34,200.00 1"Asphalt Mil and 1"Asphalt overlay SY 1,350 $ 12.00 $16,200.00 1-1/2"Type S-3 Asphalt SY 2,400 $ 10.00 $24,000.00 8" Lime rock Base SY 2,500 $ 12.00 $30,000.00 12" Stabilized Subgrade SY 2,600 $ 7.00 $18,200.00 Curb and Gutter LF 3200 $ 21.00 $67,200.00 Thermoplastic Paving Markings LS 1 $ 2,400.00 $2,400.00 Driveway Apron Replacement SY 900 $ 5.00 $4,500.00 Furnish and Install Sod SY 1500 $ 5.00 $7,500.00 $0.00 Sub-Total $455,700.00 B. Labor: Include equipment costs. Please indicate all"soft", In-house(****), or In-kind matches (**). Description of Task Quantity Cost per Unit Cost $0.00 Phase l-Sub-total $0.00 Mobilization and General Conditions (3%of Construction Cost) 1 $25,000.00 $25,000.00 Maintenance of Traffic (1%of Construction Cost) 1 $8,400.00 $8,400.00 Record Drawings 1 $20,000.00 $20,000.00 Furnish, install, and maintain silt fence along project area 2900 $ 7.00 $20,300.00 Utilities Relocation (Sanitary,water, electric, others) 1 $ 25,000.00 $25,000.00 Storm piping (24" HDPE) 600 $ 67.00 $40,200.00 Storm piping (18" HDPE) 600 $ 36.00 $21,600.00 Type-2 Trench Drain 2 $ 4,500.00 $9,000.00 Drainage Structures-Catch Basins 11 $ 2,700.00 $29,700.00 Water quality structures 2 $ 4,500.00 $9,000.00 Back-flow Prevention Valve 2 $ 10,000.00 $20,000.00 Drainage Pump Station 1 $ 50,000.00 $50,000.00 Dewatering 1 $ 15,000.00 $15,000.00 Outfalls removal and upgraddes 2 $ 11,400.00 $22,800.00 Roadway Demolition and Removal 3,500 $ 6.00 $21,000.00 1"Asphalt Mil and 1"Asphalt overlay 1,350 $ 8.00 $10,800.00 1-1/2"Type S-3 Asphalt 2,400 $ 6.00 $14,400.00 8" Lime rock Base 2,500 $ 8.00 $20,000.00 12" Stabilized Subgrade 2,600 $ 5.00 $13,000.00 Curb and Gutter 3200 $ 14.00 $44,800.00 Thermoplastic Paving Markings 1 $ 1,600.00 $1,600.00 Driveway Apron Removal 800 $ 4.00 $3,200.00 Driveway Apron Replacement 900 $ 3.00 $2,700.00 Furnish and Install Sod 1500 $ 3.00 $4,500.00 $0.00 3/20/2019; completed by PM: Debbie Williams Page 283 of 541 Phase 11-Sub-total 1 $452,000.00` Sub-Total $452,000.00 C. Fees Paid Include any other costs associated with the project. Description of Task Quantity Cost per Unit Cost Phase 1-Pre-Award(cost incurred before grant awarded) $111,000.00 Topographical Survey and Engineering Services $0.00 Phase L-Subtotal $111,000.00` Outreach 1 $10,000.00 $10,000.00 Construction Management Cost(5%of Construction Cost) 1 $45,600.00 $45,600.00 Contingency(5%of Construction Cost) 1 $45,600.00 $45,600.00 NPDES-National Pollution Discharge Elimination System (1.5%of 1 $13,500.00 $13,500.00 Construction Cost) $0.00 Phase H-Sub-total $114,700.00 D. Sub-Total $225,700.00 Total Estimated Project Cost $1,133,400.00 Phase/Subtotal $111,000.00 Phase//Subtotal $1,022,400.00 Note Backup source is required to support costs $1,133,400.00 3/20/2019; completed by PM: Debbie Williams Page 284 of 541 7.C. CONSENT BIDS AND PURCHASES OVER$100,000 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Authorize the purchase of Extreme Networks switches, access points, licensing, and maintenance from STEPcg of Covington, KY in the amount of $362,491.29, utilizing the State of Florida Alternate Contract Source Number 43220000-W SA-14-ACS for the purchase, installation, and configuration of networking equipment at City Hall, Old High School/Cultural Center, and Fire Station #1. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. EXPLANATION OF REQUEST: Contract Period: September 8, 2014— May 31, 2020 The new City Hall, Old High School/Cultural Center, and Fire Station #1 buildings require network infrastructure prior to City staff moving into the buildings. STEPcg will install an Extreme Networks automated campus network providing secure access via both wired and wireless options for our citizens, employees, and vendors. The network equipment that is currently being used in the Temp City Hall will be end of support on January 31, 2020. Location Costs City Hall $306,209.57 Cultural Center $ 31,124.48 Fire Station#1 $ 25,157.24 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Extreme Networks Automated Campus enterprise network switches, access points, and XMC management and network access control licensing will provide enhanced reliability, efficiency, and security. Reliability — The Extreme Networks Automated Campus enterprise system for Town Square is designed with redundant connections to the City datacenter and Internet. Efficiency —The Extreme Networks Automated Campus enterprise system will provide efficiencies to the City of Boynton Beach employees, vendors and citizens via both wired and wireless connections. Security — The Extreme Networks Automated Campus enterprise system is equipped with an identity access management engine that works in conjunction with the City's network switches and access points to secure employee, vendor, and citizen access. FISCAL IMPACT: Budgeted Funding was approved and is available in the following accounts for fiscal year 2019/20. Account Number Project# Description Amount 303-4101-580.64-15 IT2002 Network Infrastructure—New City Hall $325,000.00 303-4129-580.64-15 IT2004 Network Infrastructure— Fire Station#1 $ 32,000.00 303-4129-580.64-15 IT2005 Network Infrastructure—Old High School $42,000.00 Page 285 of 541 ALTERNATIVES: The City could issue its own bid request. Staff does not believe that a City bid process would result in a substantially less cost. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Quotes ST cg Quote D Other ST cg Statement of Work D Other Extreme Nehivorks® Contract Information D Other Extreme Nehivorks®Authorized Reseller D Other Extreme Nehivorks® Contract Pricing D Other ST cg ® Contract Pricing Worksheet Page 286 of 541 STEP CG,LLC Quote ANOMMW S T Am M"M M i PCG Quote Date:09/12/2019 525 W.Fifth Street,Suite 332 Valid Till: 10/31/2019 Covington,KY 41011 Quote Number:Q-6608 BILL TO: SHIP TO: City of Boynton Beach City of Boynton Beach FL FL Contact Name:Charles Stevens Quote Stage:Delivered S.No. Product Details Qty List Price Discount Total 1. Extreme PS-ESU-1 27 $2,500.00 $6,750.00 $60,750.00 Extreme Service Units, Single 2. Extreme AL4900A04-E6 7 $7,057.00 $22,229.55 $27,169.45 ETHERNET ROUTING SWITCH 4950GTS-PWR+ 48 10/100/1000 802.3AT & 2 SFP+ PORTS INCLUDES BASE SOFTWARE LICENSE 1 1025W POWER SUPPLY .5M STACK CABLE NO POWER CORD PRODUCT 3. Extreme 970041-134070 7 $136.00 $114.24 $837.76 EW NBD AHR H34070 for AL4900A04-E6 4. Extreme AL1905A19-E6 7 $1,017.00 $3,701.88 $3,417.12 ERS4900 1025W POWER SUPPLY UNIT FOR USE IN ERS4926GTS-PWR+ AND ERS4950GTS-PWR+ NO POWER CORD, PRODUCT 5. Extreme 10099 14 $27.00 $196.56 $181.44 Power Cord 15A USA NEMA 5-15 C15 6. Extreme AA1403011-E6 2 $2,670.00 $2,776.80 $2,563.20 1-port 1OGBASE-LR Small Form Factor Pluggable Plus (SFP+) 10 Gigabit Ethernet Transceiver, connector type: LC. Supports single-mode fiber for interconnects up to 1Okm. 7. Extreme 31012 25 $1,279.00 $15,348.00 $16,627.00 WS-AP3935i-FCC (US, Puerto Rico, Colombia) - Dual Band Radio 802.11 ac/abgn, 4x4:4 MIMO Indoor Wave 2 Access Point with Eight Internal Antenna Array & Active/Active E/N Data Ports (Requires V10.01 or Higher) 8. Extreme 9700431012 25 $57.00 $171.00 $1,254.00 EW NBD AHR - 31012 9. Extreme 700511670 1 $348.00 $180.96 $167.04 ERS4900 STACKING CABLE 3.OM PRODUCT 10. Extreme AL4900A04-E6 3 $7,057.00 $11,008.92 $10,162.08 ETHERNET ROUTING SWITCH 4950GTS-PWR+ 48 10/100/1000 802.3AT & 2 SFP+ PORTS INCLUDES BASE SOFTWARE LICENSE 1 1025W POWER SUPPLY .5M STACK CABLE NO POWER CORD PRODUCT 11. Extreme 970041-134070 3 $136.00 $48.96 $359.04 EW NBD AHR H34070 for AL4900A04-E6 12. Extreme AL1905A19-E6 3 $1,017.00 $1,586.52 $1,464.48 ERS4900 1025W POWER SUPPLY UNIT FOR USE IN ERS4926GTS-PWR+ AND ERS4950GTS-PWR+ NO POWER CORD, PRODUCT 13. Extreme 10099 6 $27.00 $84.24 $77.76 Power Cord 15A USA NEMA 5-15 C15 Page 287 of 541 S.No. Product Details Qty List Price Discount Total 14. Extreme AA1403011-E6 2 $2,670.00 $2,776.80 $2,563.20 1-port 1OGBASE-LR Small Form Factor Pluggable Plus (SFP+) 10 Gigabit Ethernet Transceiver, connector type: LC. Supports single-mode fiber for interconnects up to 1Okm. 15. Extreme 31012 11 $1,279.00 $6,753.12 $7,315.88 WS-AP3935i-FCC (US, Puerto Rico, Colombia) - Dual Band Radio 802.11 ac/abgn, 4x4:4 MIMO Indoor Wave 2 Access Point with Eight Internal Antenna Array & Active/Active E/N Data Ports (Requires V10.01 or Higher) 16. Extreme 9700431012 11 $57.00 $75.24 $551.76 EW NBD AHR - 31012 17. Extreme 700511670 1 $348.00 $180.96 $167.04 ERS4900 STACKING CABLE 3.OM PRODUCT 18. Extreme VSP7400-48Y-8C-AC-F 2 $25,995.00 $27,034.80 $24,955.20 VSP 7400, 48 x 1/10/25Gbps SFP28 Ports, 8 x 10OGbps QSFP28 Oorts, One AC PSU, Six Fans Front-Back 19. Extreme 970041-135313 2 $1,645.00 $394.80 $2,895.20 EW NBD AHR H35313 for VSP7400-48Y-8C-AC-F 20. Extreme VSP-PRMR-LIC-P 2 $7,495.00 $6,295.80 $8,694.20 VSP 7400 Premier Feature License, Includes Insight License - VOUCHER 21. Extreme XN-ACPWR-750W-F 2 $1,495.00 $1,554.80 $1,435.20 750W AC PSU Front to Back Airflow 22. Extreme 10061 4 $17.00 $35.36 $32.64 Power Cord 10A NEMA 5-15P IEC320-C13 23. Extreme 10302 10 $2,135.00 $11,102.00 $10,248.00 10 Gigabit Ethernet SFP+ module, 1310nm, SMF 10km link, LC connector 24. Extreme 31012 12 $1,279.00 $7,367.04 $7,980.96 WS-AP3935i-FCC (US, Puerto Rico, Colombia) - Dual Band Radio 802.11 ac/abgn, 4x4:4 MIMO Indoor Wave 2 Access Point with Eight Internal Antenna Array & Active/Active E/N Data Ports (Requires V10.01 or Higher) 25. Extreme 9700431012 12 $57.00 $82.08 $601.92 EW NBD AHR - 31012 26. Extreme AL4900AO4-E6 6 $7,057.00 $22,017.84 $20,324.16 ETHERNET ROUTING SWITCH 4950GTS-PWR+ 48 10/100/1000 802.3AT & 2 SFP+ PORTS INCLUDES BASE SOFTWARE LICENSE 1 1025W POWER SUPPLY .5M STACK CABLE NO POWER CORD PRODUCT 27. Extreme 970041-134070 6 $136.00 $97.92 $718.08 EW NBD AHR H34070 for AL4900AO4-E6 28. Extreme AL1905A19-E6 6 $1,017.00 $3,173.04 $2,928.96 ERS4900 1025W POWER SUPPLY UNIT FOR USE IN ERS4926GTS-PWR+ AND ERS4950GTS-PWR+ NO POWER CORD, PRODUCT 29. Extreme 10099 12 $27.00 $168.48 $155.52 Power Cord 15A USA NEMA 5-15 C15 30. Extreme AA1403011-E6 4 $2,670.00 $5,553.60 $5,126.40 1-port 1OGBASE-LR Small Form Factor Pluggable Plus (SFP+) 10 Gigabit Ethernet Transceiver, connector type: LC. Supports single-mode fiber for Page 288 of 541 S.No. Product Details Qty List Price Discount Total interconnects up to 1Okm. 31. Extreme 700511670 2 $348.00 $361.92 $334.08 ERS4900 STACKING CABLE 3.OM PRODUCT 32. Extreme 10410 2 $295.00 $306.80 $283.20 100Gb QSFP28-QSFP28 Direct Attach Passive Copper Cable 0.5m 33. Extreme AL4900AO4-E6 5 $7,057.00 $18,348.20 $16,936.80 ETHERNET ROUTING SWITCH 4950GTS-PWR+ 48 10/100/1000 802.3AT & 2 SFP+ PORTS INCLUDES BASE SOFTWARE LICENSE 1 1025W POWER SUPPLY .5M STACK CABLE NO POWER CORD PRODUCT 34. Extreme 970041-134070 5 $136.00 $81.60 $598.40 EW NBD AHR H34070 for AL4900AO4-E6 35. Extreme AL1905A19-E6 5 $1,017.00 $2,644.20 $2,440.80 ERS4900 1025W POWER SUPPLY UNIT FOR USE IN ERS4926GTS-PWR+ AND ERS4950GTS-PWR+ NO POWER CORD, PRODUCT 36. Extreme 10099 10 $27.00 $140.40 $129.60 Power Cord 15A USA NEMA 5-15 C15 37. Extreme AA1403011-E6 2 $2,670.00 $2,776.80 $2,563.20 1-port 1OGBASE-LR Small Form Factor Pluggable Plus (SFP+) 10 Gigabit Ethernet Transceiver, connector type: LC. Supports single-mode fiber for interconnects up to 1Okm. 38. Extreme 31012 12 $1,279.00 $7,367.04 $7,980.96 WS-AP3935i-FCC (US, Puerto Rico, Colombia) - Dual Band Radio 802.11 ac/abgn, 4x4:4 MIMO Indoor Wave 2 Access Point with Eight Internal Antenna Array & Active/Active E/N Data Ports (Requires V10.01 or Higher) 39. Extreme 9700431012 12 $57.00 $82.08 $601.92 EW NBD AHR - 31012 40. Extreme 700511670 1 $348.00 $180.96 $167.04 ERS4900 STACKING CABLE 3.OM PRODUCT 41. Extreme WS-APCAP-16 5 $2,295.00 $5,967.00 $5,508.00 WLAN Controller Capacity Upgrade for C25 & V2110 (Increases Capacity of WLAN Controller by 16 Access Points) - VOUCHER 42. Extreme 97003-S20255 5 $180.00 $108.00 $792.00 EW Software Subscription - S20255 43. Extreme IA-ES-1K 1 $7,995.00 $4,157.40 $3,837.60 Identity & Access 1000 End-System License - VOUCHER 44. Extreme 97003-S20098 1 $1,515.00 $181.80 $1,333.20 EW Software Subscription - S20098 45. Extreme NMS-A-10-UG 1 $5,495.00 $2,857.40 $2,637.60 Upgrade from NMS-ADV-5 to NMS-ADV-10 - VOUCHER 46. Extreme 97003-S20140 1 $755.00 $90.60 $664.40 EW Software Subscription - S20140 47. Extreme NMS-A-25-UG 1 $13,995.00 $7,277.40 $6,717.60 Upgrade from NMS-ADV-10 to NMS-ADV-25 - VOUCHER Page 289 of 541 S.No. Product Details Qty List Price Discount Total 48. G-PART 1 $2,480.00 $297.60 $2,182.40 97003-S20142 EW Software Subscription - S20142 COTERM: This Year Term: 365 Days 49. G-PART 1 $13,995.00 $7,277.40 $6,717.60 NMS-50-UG Upgrade NMS-25 to NMS-50 - VOUCHER 50. G-PART 1 $1,625.00 $195.00 $1,430.00 97003-S20136 EW Software Subscription - S20136 COTERM: This Year Term: 365 Days 51. Extreme AA1403011-E6 4 $2,670.00 $5,553.60 $5,126.40 1-port 1OGBASE-LR Small Form Factor Pluggable Plus (SFP+) 10 Gigabit Ethernet Transceiver, connector type: LC. Supports single-mode fiber for interconnects up to 1Okm. 52. Extreme AL4900AO4-E6 4 $7,057.00 $14,678.56 $13,549.44 ETHERNET ROUTING SWITCH 4950GTS-PWR+ 48 10/100/1000 802.3AT & 2 SFP+ PORTS INCLUDES BASE SOFTWARE LICENSE 1 1025W POWER SUPPLY .5M STACK CABLE NO POWER CORD PRODUCT 53. Extreme AL1905A19-E6 4 $1,017.00 $2,115.36 $1,952.64 ERS4900 1025W POWER SUPPLY UNIT FOR USE IN ERS4926GTS-PWR+ AND ERS4950GTS-PWR+ NO POWER CORD, PRODUCT 54. Extreme WS-APCAP-16 1 $2,295.00 $1,193.40 $1,101.60 WLAN Controller Capacity Upgrade for C25 & V2110 (Increases Capacity of WLAN Controller by 16 Access Points) - VOUCHER 55. Extreme 97003-S20255 1 $180.00 $21.60 $158.40 EW Software Subscription - S20255 56. Extreme AL4900AO4-E6 2 $7,057.00 $7,339.28 $6,774.72 ETHERNET ROUTING SWITCH 4950GTS-PWR+ 48 10/100/1000 802.3AT & 2 SFP+ PORTS INCLUDES BASE SOFTWARE LICENSE 1 1025W POWER SUPPLY .5M STACK CABLE NO POWER CORD PRODUCT 57. Extreme 970041-134070 2 $136.00 $32.64 $239.36 EW NBD AHR H34070 for AL4900AO4-E6 58. Extreme AL1905A19-E6 2 $1,017.00 $1,057.68 $976.32 ERS4900 1025W POWER SUPPLY UNIT FOR USE IN ERS4926GTS-PWR+ AND ERS4950GTS-PWR+ NO POWER CORD, PRODUCT 59. Extreme 10099 4 $27.00 $56.16 $51.84 Power Cord 15A USA NEMA 5-15 C15 60. Extreme AA1403011-E6 4 $2,670.00 $5,553.60 $5,126.40 1-port 1OGBASE-LR Small Form Factor Pluggable Plus (SFP+) 10 Gigabit Ethernet Transceiver, connector type: LC. Supports single-mode fiber for interconnects up to 1Okm. 61. Extreme 31012 15 $1,279.00 $9,208.80 $9,976.20 WS-AP3935i-FCC (US, Puerto Rico, Colombia) - Dual Band Radio 802.11 ac/abgn, 4x4:4 MIMO Indoor Wave 2 Access Point with Eight Internal Antenna Array & Active/Active E/N Data Ports (Requires V10.01 or Higher) 62. Extreme 9700431012 15 $57.00 $102.60 $752.40 EW NBD AHR - 31012 Page 290 of 541 S.No. Product Details Qty List Price Discount Total 63. Extreme WS-APCAP-16 1 $2,295.00 $1,193.40 $1,101.60 WLAN Controller Capacity Upgrade for C25 & V2110 (Increases Capacity of WLAN Controller by 16 Access Points) - VOUCHER 64. Extreme 97003-S20255 1 $180.00 $21.60 $158.40 EW Software Subscription - S20255 65. Extreme AL4900AO4-E6 2 $7,057.00 $7,339.28 $6,774.72 ETHERNET ROUTING SWITCH 4950GTS-PWR+ 48 10/100/1000 802.3AT & 2 SFP+ PORTS INCLUDES BASE SOFTWARE LICENSE 1 1025W POWER SUPPLY .5M STACK CABLE NO POWER CORD PRODUCT 66. Extreme 970041-134070 2 $136.00 $32.64 $239.36 EW NBD AHR H34070 for AL4900AO4-E6 67. Extreme AL1905A19-E6 2 $1,017.00 $1,057.68 $976.32 ERS4900 1025W POWER SUPPLY UNIT FOR USE IN ERS4926GTS-PWR+ AND ERS4950GTS-PWR+ NO POWER CORD, PRODUCT 68. Extreme 10099 4 $27.00 $56.16 $51.84 Power Cord 15A USA NEMA 5-15 C15 69. Extreme AA1403011-E6 4 $2,670.00 $6,023.52 $4,656.48 1-port 1OGBASE-LR Small Form Factor Pluggable Plus (SFP+) 10 Gigabit Ethernet Transceiver, connector type: LC. Supports single-mode fiber for interconnects up to 1Okm. 70. Extreme 31012 24 $1,279.00 $14,734.08 $15,961.92 WS-AP3935i-FCC (US, Puerto Rico, Colombia) - Dual Band Radio 802.11 ac/abgn, 4x4:4 MIMO Indoor Wave 2 Access Point with Eight Internal Antenna Array & Active/Active E/N Data Ports (Requires V10.01 or Higher) 71. Extreme 9700431012 24 $57.00 $164.16 $1,203.84 EW NBD AHR - 31012 Sub Total $362,491.29 Tax $0.00 Grand Total $362,491.29 Terms and Conditions State Contract Information Florida — 43220000-wsca-14-acs Page 291 of 541 Quotation and Statement of Work Client: City of Boynton Beach Date: Aug 28, 2019 S T PCG Project Name: City Hall, FS#1, Old High School install Project ID #: Project Manager: Kenny Muff Account Manager: Danny Poindexter I Lead Engineer: Nelson Karrick QUOTATION and STATEMENT of WORK This Quotation and Statement of Services ("Quotation") is between STEP, LLC, doing business at 525 W. Fifth Street, #332 Covington, KY 41011 ("STEPcG"), and City of Boynton Beach ("Client"). The purpose of this Quotation is to set forth the terms under which STEPcG will provide Client with goods and services ("Products"). The terms of this Quotation shall prevail over any contrary provisions in any other Quotation, or in a Master Services Agreement entered into between STEPcG and Client unless this Quotation explicitly states otherwise. SCOPE OF WORK Estimated Total Project Cost: Project Description: This SOW includes expansion of Extreme Fabric for City of Boynton Beach. Best practices will be used as directed by Extreme documentation. Extreme best practices will be used as directed by Extreme documentation (SLPP Guard, VLACP, RSMLT, etc.). The network will be deployed with the latest Extreme BOSS/VOSS recommended stable code release. City ofBoynton Beach will provide SPB sys-names, SPB nick-names, VIST IP networks, VIST L2 vlans and i-sids for new Extreme SPBm fabric. A STEPcG Layer 3 Engineer will be available the day following migration to address issues. City ofBoynton Beach will provide all necessary VSP hardware, sfp, sfp+ and cables. Some of these deliverables may be completed prior to site arrival and some may be performed post site visit. No implementation or configuration tasks other than those specifically mentioned will be performed within the scope of this implementation. STEPcG engineers will perform the following tasks to install and configure: - Install 2 x VSP7400 switches in City Hall and - Setup new VSP7400 switches into current fabric - Configure all 12 and 13 for new City Hall Page 292 of 541 - Integrate 1st,2nd,3rd, and 4th floor of City Hall into VSP7400 switches in City Hall - Install 20 x ERS4950 and—60 x WAP at City Hall - Install 2 x ERS4950 and 15 x WAP at fire station#1 - Install 2 x ERS4950 and 24 x WAP at old high school - Add licenses to XMC and Extreme Wireless - All ERS4950 and WAPs will be setup with Fabric Attach - New WAPs will be setup into Extreme Wireless and Extreme Control - Configure L2VSN and/or IP Shortcuts as appropriate - Setup port naming to new switches - Backup configurations before migration - Snap shots of Routing tables,ARP and FDB tables prior to migration - Apply Extreme best practices - Upgrade to the latest stable VOSSBOSS code release - Configure L3VSN,L2VSN on SPBM core as needed - Configure IP Interfaces on new SPBM core - Setup/enable RADIUS, SSH and SNMP for management - Layer 3 Engineer will be onsite the day following migration to address any issues - Support following cutover ASSUMPTIONS AND NOTES ■ Client shall be billed for actual time and materials required to implement the proposed solution. STEPcG shall advise Client in advance of any significant deviation from the estimate in time or materials required to perform the proposed work. ■ Client represents that it has made routine backups of data and completed a successful test of data restoration and recovery. Client shall continue to make such routine backups during the course of the project. Client has all necessary hardware and software in place to support STEPcG,s requirements for installation of Products. ■ Client recognizes that internet access and computer network connections may be made temporarily unavailable during installation of Products. ■ Installation, configuration or troubleshooting of third-party goods which are not Products are not included in this proposal and shall not be performed by STEPcG. ■ Charges associated with technical support for third-party hardware or software are the responsibility of Client. CLIENT RESOURCES List of Project Critical Client Resources: Dedicated point of contact with Network knowledge. Any servers/VM's for XMC, Extreme Wireless, Extreme Analytics, etc. Adequate Power per hardware specifications. All wiring for installation. 2 Page 293 of 541 RISK TO PROJECT ESTIMATES ■ The Scope of Work Section constitutes a good faith estimate based upon Client's representations to STEPcG. Client shall be responsible for full payment for Products provided by STEPcG irrespective of the estimates contained herein. ■ Based on Client's representations, STEPcG represents that no significant changes to the items listed in the Scope of Work Section are expected after Client accepts the Quotation. ■ Client recognizes that requests for subsequent changes may impact the project timeline and costs. ■ Client recognizes that its failure to provide the resources indicated in the Client Resources Section may impact the project timeline and costs. OTHER CONSIDERATIONS Out-of-Scope Expense: If STEPcG determines that a need exists for additional services not contemplated in this Quotation, the required tasks will be included in an addendum to this Quotation signed by both parties, or as a separate Quotation signed as both parties and treated as a new project. Travel Expense: All travel expenses are included with SOW Confidentiality: Confidentiality of information provided by each party shall be governed by the Mutual Non- Disclosure Agreement(if any)between the parties. In the absence of a non-disclosure agreement, each party agrees to keep the other party's confidential information strictly confidential, and agrees not to disclose the other party's confidential information to any third party. Confidential information consists of all of a party's information which is not generally available to the public and includes but is not limited to proprietary know-how, trade secrets, business plans, and business and accounting data. Intellectual Property: STEPcG shall retain ownership of all intellectual property it develops during performance of this Quotation, whether developed solely by STEPcG or with Client's employees or consultants, including, but not limited to, all ideas, skills, tools, techniques, processes, source codes, materials, software, programming models, and other programming tools. 3 Page 294 of 541 INVOICING Labor and Out of Pocket Expenses: STEPcG will invoice Client monthly on the 1st calendar day of each month for services rendered during the prior month. Hardware/Software: Client will deposit with STEPcG a minimum of 50% of the cost of any hardware or software prior to STEPcG's placement of a purchase order for same. The balance shall be due and payable to STEPcG immediately upon delivery to Client. AUTHORIZATIONS With my signature, I certify that I am authorized to and do accept all terms of this Quotation. For STEP CG, LLC: For [CLIENT]: Signature: Signature: Printed Printed Name: Name: Title: Title: Date: Date: 4 Page 295 of 541 9/16/2019 Data Communications Products and Services/Alternate Contract Source/State Contracts and Agreements/State Purchasing/Busines... Skip to Main Content Department of Management Services Florida Department of Management Services > Business Operations > State Purchasing > State Contracts and Agreements > Alternate Contract Source > Data Communications Products and Services << Return Data Communications Products and Services43220000-WSCA-I4-ACS Contract Details Effective 09/08/2014 through 05/31/2020 Period Contract Type Alternate Contract Source • Contractors Contract • Pricing Information How to Use This Contract Contractors by Product Category (- 121.01 KB) Contract Participating Addenda Documents Master Agreements Contract • Christia Nunnery 850-488-8367 Administration . Christia.nunnery_@dms.myflorida.com Commodity 43220000, 43190000, 43201800, 43210000, 43221500, 43211512, 43211600, 43211604, 43211700, 43212200, 43220000, 43221700, 43222600, 43222800, 43230000, 43232300, Codes 43232400, 43232700, 43232800, 43232900, 43233000, 43233200, 43233500 Additional Information State agencies and state universities requiring data communications products and services that are available through SUNCOM should contact the Division of State Technology_(DST).for assistance. Description This alternate contract source is for the purchase or lease (as permitted by state and local requirements) of data communications products and services; this contract is only available for products and services that are not available on state term contracts. Please refer to "Contractors by Product Category" in the Contract Information section above for a complete list of products and services that are available from this alternate contract source. Document reader download link Adobe PDF Reader https://www.dms.myflorida.com/business_operations/state purchasing/state_contracts_and_agreements/alternate_contract_source/ddtaaagrfi ,7 aPf.—r4.' 9/16/2019 Data Communications Products and Services/Alternate Contract Source State Contracts and Agreements/State Purchasing/Busines and Conditions � Pr|vacyE�a�em�n� � Acc�ssi�U�ty ��abem�n� � Copyright ��2O1B Department of Management Services - State of Florida hups:mwwwumo.mynn�ua.onm/uusinoss_opoumons��u�pu�hasino�tot=_nontm�v_anu_aonaemen��xemate_nontnau�sou�omP�oe.��7a .of ��1 M (tr a(st rs { :a\1 Tst+)/ 1�1 v{{ ,t li t\ s 1} a 171 111 s r I t{tr 77+, rN 7il r tf lta l/l t_!r 7afs a tr s �: { r�l \ {t },,'4j I{I'1ltatlr;s 4llstt\rel sl}i7;2 i` 4 ){{3 fr, c{�1 ) l rry i t ,�t sa1 sa 441 �i}t�r1� Ss,�rt;�s � f is ltl�r ifi s)j {5s/1S lv=!y }�r s ., I.,;-. '_;%�' it)t-', ry ry ttijst tlls=f{=llitllls,tl=�I, t1lls,tl=�I, t1lls,tl=�I, t1lls,tl=�I, t1lls,tl=�I, t1lls,tl=�I, t1lls,tl=�I, t1lls,tl=�I, t1lls,t l=�I, t1l is,t l=ly,c,,i,�i Contact Information raa,;} STEP CG D aT1Tly POLT1C10Xt0r Regional Sales Executive 407 Vine St Suite 210 �[s, tt at 4 t1s{s t it '1 trt;r > S� a }�lttti 1 1 lrtt �4a U f a Cincinnati OH 45202 {�(sYa?) sa{ ai'V�)a rrr{rr ;tti{a}4;itltyl;�Ia s1;�Issl;�ljtl;�Iss1;�1�s134}}� �. 844-478-3724 ' 281-989-7878 7 ,.r:,,f,.f,.f,.r„,f,.f,.f,.r„,7,,7,,7,,r,,7,7 a,r,� 1llw 't E�vi � Ordering Information Danny Poindexter acetate�f=��2�VE#'tl�ior'f .'1`�ber� St Suite 210 Gar ctl , 4 £ as ) 1 s)t a ft a attjtt ri 1 ' 1 r`s 4s Cincinnati OH 45202 {�(sYa?) sa{ ai'Va�-)a rrr{rr ;tti{a}4;itltyl;�Ia s1;�Issl;�ljtl;�Iss1;�1�s134}}� �. fnber777,,7 a,,7,,7,,7,,7 a;7,,7,,7,,7 a;7,7,ra7 281-989-7878 844-478-3724 www.stepcg.com a 4+ 407 Vine St Suite 210 te+, �s £r1 lts isr r s�p i ryE 4 ft+� sa ras1,{a,l a r ast v t t t t t t{ Cincinnati OH 45202 Page 298 of 541 Complete Price list can be viewed at https://s3-us-west-2.amazonaws.com/naspovaluepoint/156O897428_Extreme Networks - Price File June 2O19.xlsx 10061 $17.00 1389%1. $10.54 Pwr Cord,10A,NEMA 5-15P,IEC320-C13 10099 $27.00 38% $16.74 Power Cord,15A,USA,NEMA 5-15,IEC320-C15 10302 $2,135.00 38% $1,323.70 10 Gigabit Ethernet SFP+module,1310nm,SMF 10km link,LC connector 10410 $295.00 38% $182.90 100Gb,QSFP28-QSFP28 Direct attach passive copper cable,0.5m 31012 $1,279.00 38% $792.98 Dual band Dual Radio 802.11ac/abgn,40:4 MIMO Indoor wave2 access point with eight internal antenna array and active/active E/N data ports.Restricted Regulatory Domain:FCC(For following countries:US,Puerto Rico, Colombia) 700511670 $348.00 38% $215.76 ERS4900 STACKING CABLE 3.OM $1,515.00 6% $1,424.10 EW Software Subscription 97003-520098 97003-520136 $1,625.00 6% $1,527.50 EW Software Subscription 97003-520140 $755.00 6% $709.70 EW Software Subscription 97003-520142 $2,480.00 6% $2,331.20 EW Software Subscription 97003-520255 $180.00 6% $169.20 EW Software Subscription 97004-31012 $57.00 12% $50.16 EW NBD AHR 31012 97004-H34070 $136.00 12% $119.68 EW NBD AHR H34070 97004-H35313 $1,645.00 12% $1,447.60 EW NBD AHR H35313 AA1403011-E6 $2,670.00 38% $1,655.40 1-port 10GBASE-LR Small Form Factor Pluggable Plus (SFP+)10 Gigabit Ethernet Transceiver,connector type: LC.Supports single-mode fiber for interconnects up to 10km AL1905A19-E6 $1,017.00 38% $630.54 ERS49001025W POWER SUPPLY UNIT FOR USE IN ERS4926GTS-PWR+AND ERS4950GTS-PWR+NO POWER CORD AL4900A04-E6 $7,057.00 38% $4,375.34 ETHERNET ROUTING SWITCH 4950GTS-PWR+48 IA-ES-1K $7,995.00 38% $4,956.90 NAC ENTERPRISE LICENSE FOR 1K ES NMS-A-10-UG $5,495.00 38% $3,406.90 LICENSE,UPGRADE NMS-ADV-5 TO NMS-ADV-10 NMS-A-25-UG $13,995.00 38% $8,676.90 LICENSE UPGRADE NMS-ADV-10 TO NMS-ADV-25 NMS-A-50-UG $13,995.00 38% $8,676.90 LICENSE UPGRADE NMS-ADV-25 TO NMS-ADV-50 PS-ESU-1 $2,500.00 10% $2,250.00 EXTREME SERVICE UNITS,SINGLE VSP 7400 48 x 1025Gbps SFP28 ports 8 x 100Gbps QSFP28 ports 8-core CPU 16G RAM 128G SSD Single 750W AC PSU six fans 4-post rack mount kit Front to Back VSP7400-48Y-8C-AC-F $25,995.00 38% $16,116.90 Airflow VSP-PRMR-LIC-P $7,495.00 38% $4,646.90 VSP 7400 Premier Feature License Includes Insight license WS-APCAP-16 $2,295.00 38% $1,422.90 16 AP CAPACITY UPGRADE(C25,V2110) AC 750W PSU Front to Back Airflow for use in VSP7400 XN-ACPWR-750W-F $1,495.00 38% $926.90 SLX9150 Page 299 of 541 Line# Part Number Qty List Price Contract Price Quoted Price City Hall 1st Floor 1 Extreme PS-ESU-1 27 $2,500.00 $2,250.00 $2,250.00 2 Extreme AL4900A04-E6 7 $7,057.00 $4,375.34 $3,881.35 3 Extreme 97004-1-134070 7 $136.00 $119.68 $119.68 4 Extreme AL1905A19-E6 7 $1,017.00 $630.54 $488.16 5 Extreme 10099 14 $27.00 $16.74 $12.96 6 Extreme AA1403011-E6 2 $2,670.00 $1,655.40 $1,281.60 7 Extreme 31012 25 $1,279.00 $792.98 $665.08 8 Extreme 97004-31012 25 $57.00 $50.16 $50.16 9 Extreme 700511670 1 $348.00 $215.76 $167.04 City Hall 2nd Floor 10 Extreme AL4900A04-E6 3 $7,057.00 $4,375.34 $3,387.36 11 Extreme 97004-1-134070 3 $136.00 $119.68 $119.68 12 Extreme AL1905A19-E6 3 $1,017.00 $630.54 $488.16 13 Extreme 10099 6 $27.00 $16.74 $12.96 14 Extreme AA1403011-E6 2 $2,670.00 $1,655.40 $1,281.60 15 Extreme 31012 11 $1,279.00 $792.98 $665.08 16 Extreme 97004-31012 11 $57.00 $50.16 $50.16 17 Extreme 700511670 1 $348.00 $215.76 $167.04 City Hall 3rd Floor 18 Extreme VSP7400-48Y-8C-AC-F 2 $25,995.00 $16,116.90 $12,477.60 19 Extreme 97004-1-135313 2 $1,645.00 $1,447.60 $1,447.60 20 Extreme VSP-PRMR-LIC-P 2 $7,495.00 $4,646.90 $4,347.10 21 Extreme XN-ACPWR-750W-F 2 $1,495.00 $926.90 $717.60 22 Extreme 10061 4 $17.00 $10.54 $8.16 23 Extreme 10302 10 $2,135.00 $1,323.70 $1,024.80 24 Extreme 31012 12 $1,279.00 $792.98 $665.08 25 Extreme 97004-31012 12 $57.00 $50.16 $50.16 26 Extreme AL4900A04-E6 6 $7,057.00 $4,375.34 $3,387.36 27 Extreme 97004-1-134070 6 $136.00 $119.68 $119.68 28 Extreme AL1905A19-E6 6 $1,017.00 $630.54 $488.16 29 Extreme 10099 12 $27.00 $16.74 $12.96 30 Extreme AA1403011-E6 4 $2,670.00 $1,655.40 $1,281.60 31 Extreme 700511670 2 $348.00 $215.76 $167.04 32 Extreme 10410 2 $295.00 $182.90 $141.60 City Hall 4th Floor 33 Extreme AL4900A04-E6 5 $7,057.00 $4,375.34 $3,387.36 34 Extreme 97004-1-134070 5 $136.00 $119.68 $119.68 35 Extreme AL1905A19-E6 5 $1,017.00 $630.54 $488.16 36 Extreme 10099 10 $27.00 $16.74 $12.96 Page 300 of 541 37 Extreme AA1403011-E6 2 $2,670.00 $1,655.40 $1,281.60 38 Extreme 31012 12 $1,279.00 $792.98 $665.08 39 Extreme 97004-31012 12 $57.00 $50.16 $50.16 40 Extreme 700511670 1 $348.00 $215.76 $167.04 City Hall MAN Licensing 41 Extreme WS-APCAP-16 5 $2,295.00 $1,422.90 $1,101.60 42 Extreme 97003-520255 5 $180.00 $169.20 $158.40 City Hall XMC and Control Licenses 43 Extreme IA-ES-1K 1 $7,995.00 $4,956.90 $3,837.60 44 Extreme 97003-520098 1 $1,515.00 $1,424.10 $1,333.20 45 Extreme NMS-A-10-UG 1 $5,495.00 $3,406.90 $2,637.60 46 Extreme 97003-520140 1 $755.00 $709.70 $664.40 47 Extreme NMS-A-25-UG 1 $13,995.00 $8,676.90 $6,717.60 48 Extreme 97003-520142 1 $2,480.00 $2,331.20 $2,182.40 49 Extreme NMS-A-50-UG 1 $13,995.00 $8,676.90 $6,717.60 50 Extreme 97003-520136 1 $1,625.00 $1,527.50 $1,430.00 City Hall Spares 51 Extreme AA1403011-E6 4 $2,670.00 $1,655.40 $1,281.60 52 Extreme AL4900A04-E6 4 $7,057.00 $4,375.34 $3,387.36 53 Extreme AL1905A19-E6 4 $1,017.00 $630.54 $537.12 Fire Station#1 54 Extreme WS-APCAP-16 1 $2,295.00 $1,422.90 $1,101.60 55 Extreme 97003-520255 1 $180.00 $169.20 $158.40 56 Extreme AL4900A04-E6 2 $7,057.00 $4,375.34 $3,387.36 57 Extreme 97004-1-134070 2 $136.00 $119.68 $119.68 58 Extreme AL1905A19-E6 2 $1,017.00 $630.54 $488.16 59 Extreme 10099 4 $27.00 $16.74 $12.96 60 Extreme AA1403011-E6 4 $2,670.00 $1,655.40 $1,281.60 61 Extreme 31012 15 $1,279.00 $792.98 $665.08 62 Extreme 97004-31012 15 $57.00 $50.16 $50.16 Cultural Center 63 Extreme WS-APCAP-16 1 $2,295.00 $1,422.90 $1,101.60 64 Extreme 97003-520255 1 $180.00 $169.20 $158.40 65 Extreme AL4900A04-E6 2 $7,057.00 $4,375.34 $3,387.36 66 Extreme 97004-1-134070 2 $136.00 $119.68 $119.68 67 Extreme AL1905A19-E6 2 $1,017.00 $630.54 $488.16 68 Extreme 10099 4 $27.00 $16.74 $12.96 69 Extreme AA1403011-E6 4 $2,670.00 $1,655.40 $1,164.12 70 Extreme 31012 24 $1,279.00 $792.98 $665.08 71 Extreme 97004-31012 24 $57.00 $50.16 $50.16 Page 301 of 541 Page 302 of 541 List Total Contract Total Quoted Total $67,500.00 $60,750.00 $60,750.00 $49,399.00 $30,627.38 $27,169.45 $952.00 $837.76 $837.76 $7,119.00 $4,413.78 $3,417.12 $378.00 $234.36 $181.44 $5,340.00 $3,310.80 $2,563.20 $31,975.00 $19,824.50 $16,627.00 $1,425.00 $1,254.00 $1,254.00 $348.00 $215.76 $167.04 $21,171.00 $13,126.02 $10,162.08 $408.00 $359.04 $359.04 $3,051.00 $1,891.62 $1,464.48 $162.00 $100.44 $77.76 $5,340.00 $3,310.80 $2,563.20 $14,069.00 $8,722.78 $7,315.88 $627.00 $551.76 $551.76 $348.00 $215.76 $167.04 $51,990.00 $32,233.80 $24,955.20 $3,290.00 $2,895.20 $2,895.20 $14,990.00 $9,293.80 $8,694.20 $2,990.00 $1,853.80 $1,435.20 $68.00 $42.16 $32.64 $21,350.00 $13,237.00 $10,248.00 $15,348.00 $9,515.76 $7,980.96 $684.00 $601.92 $601.92 $42,342.00 $26,252.04 $20,324.16 $816.00 $718.08 $718.08 $6,102.00 $3,783.24 $2,928.96 $324.00 $200.88 $155.52 $10,680.00 $6,621.60 $5,126.40 $696.00 $431.52 $334.08 $590.00 $365.80 $283.20 $35,285.00 $21,876.70 $16,936.80 $680.00 $598.40 $598.40 $5,085.00 $3,152.70 $2,440.80 $270.00 $167.40 $129.60 Page 303 of 541 $5,340.00 $3,310.80 $2,563.20 $15,348.00 $9,515.76 $7,980.96 $684.00 $601.92 $601.92 $348.00 $215.76 $167.04 $11,475.00 $7,114.50 $5,508.00 $900.00 $846.00 $792.00 $7,995.00 $4,956.90 $3,837.60 $1,515.00 $1,424.10 $1,333.20 $5,495.00 $3,406.90 $2,637.60 $755.00 $709.70 $664.40 $13,995.00 $8,676.90 $6,717.60 $2,480.00 $2,331.20 $2,182.40 $13,995.00 $8,676.90 $6,717.60 $1,625.00 $1,527.50 $1,430.00 $10,680.00 $6,621.60 $5,126.40 $28,228.00 $17,501.36 $13,549.44 $4,068.00 $2,522.16 $1,952.64 $2,295.00 $1,422.90 $1,101.60 $180.00 $169.20 $158.40 $14,114.00 $8,750.68 $6,774.72 $272.00 $239.36 $239.36 $2,034.00 $1,261.08 $976.32 $108.00 $66.96 $51.84 $10,680.00 $6,621.60 $5,126.40 $19,185.00 $11,894.70 $9,976.20 $855.00 $752.40 $752.40 $2,295.00 $1,422.90 $1,101.60 $180.00 $169.20 $158.40 $14,114.00 $8,750.68 $6,774.72 $272.00 $239.36 $239.36 $2,034.00 $1,261.08 $976.32 $108.00 $66.96 $51.84 $10,680.00 $6,621.60 $4,656.48 $30,696.00 $19,031.52 $15,961.92 $1,368.00 $1,203.84 $1,203.84 Page 304 of 541 List Total $659,588.00 Contract Total $433,494.34 Quote Total $362,491.29 Page 305 of 541 7.D. CONSENT BIDS AND PURCHASES OVER$100,000 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Approve utilizing the Palm Beach County Contract No. 19069 (Bid No. 19-069/MB) with Morton Salt, Inc. for Sodium Chloride under the same terms, conditions, and prices for a one year term for an estimated annual expenditure of$207,000. EXPLANATION OF REQUEST: Sodium Chloride is utilized for Water Quality &Treatment by the Boynton Beach Utilities. The Sodium Chloride is necessary for regenerating the MIEX Resin. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Not approving utilizing the Palm Beach County Contract No.19069 (Bid No. 19-069/MB) with Morton Salt, Inc. for Sodium Chloride will require a new solicitation to be issued. FISCAL IMPACT: Budgeted Account Number: 401-2811-536.52-35 ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum PBC Sodium Chloride Bid Document D Addendum PBC Award Letter to Morton Salt for Sodium Chloride Addendum Signed Piggyback Request- Morton Salt Page 306 of 541 Board of County Commissioners Nctl County Administrator Mack Bernard, Mayor Verdenia C. Baker Dave Kerner, Vice Mayor Hal R, Valeche « Gregg K. Weiss Robert S. Weinroth Al Mary Lou Berger 4C()R1 Melissa McKinlay Purchasing Department www.pbcgov,org/purchasing BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION IFB #19-069/MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT BID SUBMISSION DATE: July 25, 2019 AT 4:00 P.M. It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department at (561) 616-6800. BIDDERS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE OR CONTAINER SIGNED BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Protests can be accepted only during the five (5) business day posting period. ....... ...---.... _......_..... C A 1.. T 1 0 In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) system which can be accessed at https //pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSeIfService. If bidder intends to use i subcontractors, bidder must also ensure that all subcontractors are registered as vendors in it VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until the County has verified that the contractor and all of its subcontractors are registered in VSS As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system. It is the vendor's sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of bids. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from our VSS system or obtained directly from the Purchasing Department,. In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 (561) 616-6800 FAX: (561) 616-6811 Page 307 of 541 Page 2 BOARD OF COUNTY COMMISSIONERS Palm Beach County INVITATION FOR BID IFB #19-069/MB IFB TITLE: SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT PURCHASING DEPARTMENT CONTACT: Marva Brown TELEPHONE NO.: (561) 616-6815 i ..... 3 FAX NO.: (561) 242-6715 E-MAIL ADDRESS: mbrown@pbcgov.org All bid responses must be received on or before July 25, 2019, prior to 4:00 p.m., Palm Beach County local time. SUBMIT BID TO: Palm Beach County Purchasing Department, Attention: Marva Brown, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199. This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications,Attachments,Amendments(if issued), and/or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents. PURPOSE AND EFFECT: It is the purpose and intent of this solicitation to secure bids for item(s) and /or services as listed herein. 1"he selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 1. GENERAL INFORMATION b. COMMERCIAL NON-DISCRIMINATION- Bidders are advised that this package constitutes the complete set of Item 1: Bidder's Representations and Agreement. specifications, terms, and conditions which forms the binding contract The Bidder represents and warrants that it will comply with the between Palm Beach County and the successful bidder. Changes to this County's Commercial Nondiscrimination Policy as described in Invitation for Bid may be made only by written amendment issued by the Resolution 2017-1770 as amended;As part of such compliance, County Purchasing Department. Bidders are further advised to closely the Bidder shall not discriminate on the basis of race, color, examine every section of this document, to ensure that all sequentially national origin, religion, ancestry, sex, age, marital status, numbered pages are present, and to ensure that it is fully understood. familial status,sexual orientation,gender identity or expression, Questions or requests for explanations or interpretations of this document disability, or genetic information in the solicitation, selection, must be submitted to the Purchasing Department contact in writing in hiring or commercial treatment of subcontractors, vendors, sufficient time to permit a written response prior to the published bid suppliers, or commercial customers, nor shall the Bidder submission time. Oral explanations or instructions given by any County agent retaliate against any person for reporting instances of such are not binding and should not be interpreted as altering any provision of this discrimination. The Bidder shall provide equal opportunity for document. Bidder certifies that this bid is made without reliance on any oral subcontractors, subconsultants vendors and suppliers to representations made by the County. participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing The County's performance and obligation to pay under this contract is contained in this clause shall prohibit or limit otherwise lawful contingent upon an annual appropriation by the Board of County efforts to remedy the effects of marketplace discrimination that Commissioners("Board")for subsequent fiscal years. have occurred or are occurring in the County's relevant 2. LEGAL REQUIREMENTS marketplace in Palm Beach County. The Bidder understands and agrees that a material violation of this clause shall be considered a material breach of contract and may result in COMPLIANCE WITH LAWS AND CODES: Federal, State, termination of the contract, disqualification or debarment of the County and local laws,ordinances, rules and regulations that in Bidder from participating in County contracts,or other sanctions, any manner affect the items covered herein apply. Lack of This clause is not enforceable by or for the benefit of, and knowledge by the bidder shall in no way be a cause for relief creates no obligation to,any third party. from responsibility. The successful bidder shall strictly comply with Federal, State and local building and safety codes Item 2: Bidder's Agreement to Apply to Subcontracts Equipment shall meet all State and Federal Safety regulations. Bidder certifies that all products (materials, equipment, The bidder covenants and agrees to include the commercial processes, or other items supplied in response to this bid) non-discrimination clause in all subcontractor agreements. contained in its bid meets all ANSI, NFPA,and all other Federal and State requirements. Bidder further certifies that, if it is the c, DISCRIMINATION PROHIBITED: Palm Beach County is successful bidder, and the product delivered is subsequently committed to assuring equal opportunity in the award of found to be deficient in any of the aforementioned requirements contracts and complies with all laws prohibiting discrimination. in effect on date of delivery, all costs necessary to bring the Pursuant to Palm Beach County Resolution R-2017-1770, as product into compliance shall be borne by the bidder, may be amended, the successful bidder warrants and represents that throughout the term of the contract, including Any toxic substance provided to the County as a result of this any renewals thereof, all of its employees are treated equally solicitation or resultant contract shall be accompanied by its during employment without regard to race, color, religion, Safety Data Sheet(SDS). disability, sex, age, national origin, ancestry, marital status, The Uniform Commercial Code(Florida Statutes, Chapter 672) familial status,sexual orientation,gender identity or expression, shall prevail as the basis for contractual obligations between the or genetic information. Failure to meet this requirement shall be successful bidder and Palm Beach County for any terms and considered a default of contract. conditions not specifically stated in the Invitation for Bid. Page 308 of 541 Page 3 4- INDEPENDENT CONTRACTOR_RELATIONSHIP: The behalf, awards or approves a contract, rejects all bids, oa successful bidder is,and shall be in the performance of all work, otherwise takes action which ends the solicitation process, services, and activities under the Contract, an Independent Contractor and not an employee, agent, or servant of the Bidders may, however, contact any County Commissioner, COUNTY. All persons engaged in any of the work or services County Commissioner's staff,or any employee authorized to act performed pursuant to the Contract shall at all times, and in all on behalf of the Commission to award a particular contract,via places, be subject to the successful bidder's sole direction, written communication,i.e.,facsimile,e-mail or U.S.mail. supervision, and control. The successful bidder shall exercise control over the means and manner in which it and its Violations of the"Cone of Silence"are punishable by a fine of employees perform the work,and in all respects the successful $250.00 per violation, bidder's relationship, and the relationship of its employees, to the COUNTY shall be that of an Independent Contractor and not i CONFLICT OF INTEREST: All bidders shall disclose with their as employees or agents of the COUNTY, bid the name of any officer, director, or agent who is also an employee or a relative of an employee of Palm Beach County. e. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: Further, all bidders shall disclose the name of any County Pursuant to Palm Beach County Code Section 2-371 through 2- employee or relative of a County employee who owns, directly 377, the Palm Beach County Criminal History Records Check or indirectly, an interest of ten percent or more in the bidder's Ordinance ("Ordinance"), the County will conduct fingerprint firm or any of its branches. based criminal history record checks on all persons not employed by the County who repair,deliver,or provide goods or SUCCESSORS AND ASSIGNS: The County and the services for,to,or on behalf of the County, A fingerprint based successful bidder each binds itself and its successors and criminal history record check shall be conducted on all assigns to the other party in respect to all provisions of the employees of vendors, contractors, and subcontractors of Contract. Neither the County nor the successful bidder shall contractors,including repair persons and delivery persons,who assign, sublet, convey or transfer its interest in the Contract are unescorted when entering a facility determined to be either without the prior written consent of the other. a critical facility ("Critical Facilities") or a criminal justice information facility ("CJI Facilities"), which are critical to the k. INDEMNIFICATION: Regardless of the coverage provided by public safety and security of the County. County facilities that any insurance, the successful bidder shall indemnify, save require this heightened level of security are identified in harmless and defend the County, its agents, servants, or Resolution R-2003-1274, as amended. In October 2013, employees from and against any and all claims, liability, losses compliance with the requirements of the U. S. Federal Bureau and/or causes of action which may arise from any negligent act of Investigations CJI Security Policy was added to the or omission of the successful bidder,its subcontractors,agents, Ordinance,which includes a broad list of disqualifying offenses. servants or employees during the course of performing services The bidder is solely responsible for understanding the financial, or caused by the goods provided pursuant to these bid schedule, and / or staffing implications of this Ordinance, documents and/or resultant contract. Further,the bidder acknowledges that its bid price includes any and all direct or indirect costs associated with compliance with L PUBLIC RECORDS, ACCESS AND AUDITS: The bidder this Ordinance, except for the applicable FDLE/FBI fees that agrees that copies of any and all property, work product, shall be paid by the County. documentation, reports, computer systems and software, }, PUBLIC ENTITY CRIMES: F.S.287.133 requires Palm Beach schedules, graphs, outlines, books, manuals, logs, files, Count to notify all bidders of the following: deliverables, photographs, videos, tape recordings or data County fy g: "A person or wflng a relating to the Contract which have been created as a part of the who has been placed on the convicted vendor list following a bidder's services or authorized by the COUNTY as a conviction for a public entity crime may not submit a bid on a reimbursable expense, whether contract with a public entity for the construction or repair of a P generated directly by the public building or public work,may not submit bids on leases of bidder, or by or in conjunction or consultation with any other real property to a public entity,may not be awarded or perform party whether or not a party to the Contract, whether or not in work as a contractor, supplier, subcontractor, or consultant privity ofcontract with the COUNTY or the bidder,and wherever under a contract with any public entity, and may not transact located shall be the property of the COUNTY. business with any public entity in excess of the threshold amount Any material submitted in response to this solicitation is provided in F.S. 287.017 for CATEGORY TWO for a period of considered a public document in accordance with Section 36 months from the date of being placed on the convicted 119,07,F.S. This includes material which the responding bidder vendor list.'" p g might consider to be confidential. All submitted information that B, NON-COLLUSION: Bidder certifies that it has entered into no the responding bidder believes to be confidential and exempt agreement to commit a fraudulent, deceitful, unlawful, or from disclosure(i.e.,a trade secret or as provided for in Section wrongful act,or any act which may result in unfair advantage for 119.07 and Section 812.081,F.S.)must be specifically identified one or more bidders over other bidders. Conviction for the as such. Upon receipt of a public records request for such Commission of any fraud or act of collusion in connection with information, a determination will be made as to whether the any sale, bid,quotation, proposal or other act incident to doing identified information is, in fact,confidential business with Palm Beach County may result in permanent debarment, The COUNTY shall have the right to request and review bidder's books and records to verify bidder's compliance with the No premiums, rebates or gratuities are permitted; either with, Contract,adherence to the Equal Business Opportunity("EBO") prior to or after any delivery of material or provision of services. Program and its bid, The COUNTY shall have the right to Any such violation may result in award cancellation, return of interview subcontractors, and workers at the work site to materials, discontinuation of services, and removal from the determine Contract compliance, The bidder shall maintain vendor bid list(s), and/or debarment or suspension from doing records related to all charges, expenses, and costs incurred in business with Palm Beach County. estimating and performing the work for at least four (4) years after completion or termination of the Contract, Bidder shall 11,, LOBBYING: Bidders are advised that the"Palm Beach County retain all books and records pertaining to this Contract, Lobbyist Registration Ordinance" prohibits a bidder or anyone including, but not limited to,subcontractor payment records,for representing the bidder from communicating with any County four(4)years after project completion date.The COUNTY and Commissioner, County Commissioner's staff, or any employee the Palm Beach County Inspector General shall have access to authorized to act on behalf of the Commission to award a such records as required in this Section for the purpose of particular contract regarding its bid, i.e.,a"Cone of Silence". inspection or audit during normal business hours,in Palm Beach The "Cone of Silence" is in effect from the date /time of the County at any reasonable time during the four(4)years, deadline for submission of the bid, and terminates at the time that the Board or a County Department authorized to act on their Page 309 of 541 Page 4 Notwithstanding anything contained herein, as provided under COUNTY PUBLIC AFFAIRS Section 119.0701, F,S„ if the Bidder: (i) provides a service; and (ii) acts on behalf of the COUNTY as provided under DEPARTMENT, 301 N. OLIVE Section 119.011(2), F.S., the Bidder shall comply with the requirements of Section 119.0701,Florida Statutes,as it may be AVENUE, WEST PALM BEACH, amended from time to time. The Bidder is specifically required to: FL 33401, BY E-MAIL AT I, Keep and maintain public records required by the COUNTY RECORDS REQUEST@PBCGOV. to perform services provided under the Contract. ORG OR BY TELEPHONE AT 561- 2, Upon request from the COUNTY's Custodian of Public Records ("County's Custodian") or COUNTY's 355-6680. representative/liaison,on behalf of the County's Custodian, provide the COUNTY with a copy of the requested records in. INCORPORATION PRECEDENCE JURISDICTION or allow the records to be inspected or copied within a GOVERNING LAW: This Invitation for Bid shall be included and reasonable time at a cost that does not exceed the cost Incorporated in the final award. The order of contractual provided in Chapter 119 or as otherwise provided by precedence shall be the bid document (original terms and law. The Bidder further agrees that all fees, charges and conditions), bid response, and purchase order or term contract expenses shall be determined in accordance with Palm order. Any and all legal action necessary to enforce the award Beach County PPM CW-F-002, Fees Associated with or the resultant contract shall be governed by the laws of the Public Records Requests, as it may be amended or State of Florida.Any legal action necessary to enforce the award replaced from time to time.. or the resultant contract will be held in a court of competent 3. Ensure that public records that are exempt,or confidential jurisdiction located in Palm Beach County, Florida. and exempt from public records disclosure requirements are not disclosed except as authorized by law for the rr: LEGAL EXPENSES;. The County shall not be liable to a bidder duration of the contract term and following completion of for any legal fees, court costs, or other legal expenses arising the Contract,if the Bidder does not transfer the records to from the interpretation or enforcement of the contract, or from the public agency. Nothing contained herein shall prevent any other matter generated by or relating to the contract, the disclosure of or the provision of records to the COUNTY. o, NO THIRD PARTY BENEFICIARIES: No provision of the 4, Upon completion of the Contract,the Bidder shall transfer, Contract is intended to,or shall be construed to,create any third at no cost to the COUNTY,all public records in possession party beneficiary or to provide any rights to any person or entity of the Bidder unless notified by COUNTY's not a party to the Contract,including but not limited to any citizen representative/liaison, on behalf of the County's or employees of the County and/or successful bidder. Custodian, to keep and maintain public records required by the COUNTY to perform the service. If the Bidder p SCRUTINIZED COMPANIES transfers all public records to the COUNTY upon completion of the Contract, the Bidder shall destroy any 1) SCRUTINIZED COMPANIES: duplicate public records that are exempt, or confidential As provided in F.S.287.135,by entering into a Contract or and exempt from public records disclosure performing any work in furtherance hereof, the Bidder requirements. If the Bidder keeps and maintains public certifies that it, its affiliates, suppliers, subcontractors and records upon completion of the Contract,the Bidder shall consultants who will perform hereunder, have not been meet all applicable requirements for retaining public placed on the Scrutinized Companies that Boycott Israel records. All records stored electronically by the Bidder List, or is engaged in a boycott of Israel, pursuant to F.S, must be provided to the COUNTY, upon request of the 215.4725. County's Custodian or the COUNTY's representative/liaison, on behalf of the County's If the County determines, using credible information Custodian, in a format that is compatible with the available to the public, that a false certification has been information technology systems of COUNTY,at no cost to submitted by Bidder, the resulting Contract from this COUNTY.. Invitation for Bid may be terminated and a civil penalty equal to the greater of$2 million or twice the amount of the Bidder acknowledges that it has familiarized itself with the Contract shall be imposed,pursuant to F,S.287.135. Said requirements of Chapter 119, F.S., and other requirements of certification must also be submitted at the time of Contract state law applicable to public records not specifically set forth renewal, herein. Failure of the Bidder to comply with the requirements of this Section, Chapter 119, F.S. and other applicable 2) SCRUTINIZED COMPANIES (WHEN CONTRACT requirements of state law, shall be a material breach of the VALUE IS GREATER THAN$1 MILLION), Contract. COUNTY shall have the right to exercise any and all As provided in F.S.287.135,by entering into a Contract or remedies available to it for breach of contract, including but not performing any work in furtherance hereof, the Bidder limited to,the right to terminate for cause, certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been IF THE BIDDER HAS QUESTIONS placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The REGARDING THE APPLICATION Iran Petroleum Energy Sector List created pursuant toF,S. FLORIDA Syria 73, or is engaged in business operations in Cuba or Off' CHAPTER 119, STATUTES, TO THE BIDDER'S If the County determines, using credible information DUTY TO PROVIDE PUBLIC available to the public, that a false certification has been submitted by Bidder, the resulting Contract from this RECORDS RELATING TO THE Invitation for Bid may be terminated and a civil penalty CONTRACT PLEASE CONTACT equal to the greater of$2 million or twice the amount of the Contract shall be imposed,pursuant to F.S.287.135, Said THE CUSTODIANOF PUBLIC certification must also be submitted at the time of Contract renewal. RECORDS AT RECORDS REQUEST, PALM BEACH Page 310 of 541 Page 5 3. BID SUBMISSION Schedule 1 List of Proposed Subcontractors/ Subconsultants a. SUBMISSION OF RESPONSES; All bid responses must be A completed Schedule 1 submitted by the prime shall list the submitted on the provided Invitation for Bid "Response" names of all subcontractors/subconsultants intended to be used Form. Bid responses on vendor letterhead /quotation forms in performance of the contract, if awarded. The total proposed shall not be accepted. Responses must be typewritten, percentage of S/M/WBE participation shall also be included on written in ink or a photocopy and must be signed by an agent this form.This schedule shall also be used if an S/MNVBE Prime of the company having authority to bind the company or firm. Contractor/consultant is performing all or any portion of this FAILURE TO SIGN THE BID RESPONSE FORM AT THE contract with their work force. INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF THE BID. Bid responses are to be submitted to the Palm Schedule 2-Letter of Inten# Beach County Purchasing Department no later than the time A completed Schedule 2 is a binding document between the indicated on the solicitation preamble,and must be submitted in Prime Contractor/consultant and a subcontractor/subconsultant a sealed envelope or container bearing the bid number for (or any tier) and should be treated as such. The Schedule 2 proper handling. shall contain bolded language indicating that by signing the Schedule 2, both parties recognize this Schedule as a binding b. CERTIFICATIONS, LICENSES AND PERMITS: Unless document. Each Schedule 2 shall be properly executed by the otherwise directed in sub-paragraph d.(Local Preference)or the Prime Contractor/consultant and by the proposed Special Conditions of this bid, bidder should include with its bid subcontractor/subconsultant. If the Prime Contractor/consultant a copy of all applicable Certificates of Competency issued by the is an S/MNVBE, a Schedule 2 shall be submitted to document State of Florida or the Palm Beach County Construction Industry work to be performed by its workforce. All S/M/WBE(s) shall Licensing Board in the name of the bidder shown on the bid specify, in detail, the type of work they will perform along with response page. It shall also be the responsibility of the the dollar amount they will be compensated and/or percentage successful bidder to maintain a current Local Business Tax of work they will perform. If any subcontractor/subconsultant Receipt(Occupational License)for Palm Beach County and all intends to subcontract any portion of their work, they are permits required to complete the contractual service at no required to list the dollar amount and the name of the additional cost to Palm Beach County. A Palm Beach County subcontractor/subconsultant on this form. All named Local Business Tax Receipt(Occupational License)is required subcontractors/subconsultants on this form must also complete unless specifically exempted by law. In lieu of a Palm Beach and submit a separate Schedule 2. The Prime may count County Local Business Tax Receipt(Occupational License),the toward its S/MNVBE goal second and third tiered certified bidder should include the current Local Business Tax Receipt S/M/WBE(s); provided that the Prime Contractor/consultant (Occupational License) issued to the bidder in the response. It submits a completed Schedule 2 form for each S/MNVBE. is the responsibility of the successful bidder to ensure that all required certifications, licenses and permits are maintained in A detailed quote or proposal may be attached with a signed force and current throughout the term of the contract. Failure to Schedule 2. meet this requirement shall be considered default of contract, Failure to submit a properly executed Schedule 1 and Schedule c, S/M/WBE-EBO REQUIREMENTS 2 will result in no S/MNVBE consideration given, Please note that all forms related to the EBO Program, In the event of a conflict between Schedules 1 and 2 when including waiver forms and good faith effort calculating S/MNVBE participation, the information provided on documentation can be found at: Schedule 2 shall have precedence. http://discover.pbcgov.org/oebo/Pages/Documents.asgx In the event of mathematical error(s),the unit price,if available, shall prevail and the vendor's total offer shall be corrected Its Folic It is the policy of the Board that all segments of its business accordingly. If the County's issuance of an alternate or change order on a project results in changes in the scope of work to be population,including,but not limited to,small,local,minority and performed by a subcontractor/subconsultant listed at the time of women owned businesses, have an equitable opportunity to bid submission, the Prime must submit a, completed and participate in the County's procurement process,prime contract properly executed Schedule 2 that specifies the revised scope and subcontract opportunities. To that end, the Board adopted l an Equal Business Opportunity Ordinance which is codified in along work to be performed by the subcontractor/subconsultant, Sections 2-80.20 through 2-80.30(as may be amended)of the long with the price and/or percentage, Palm Beach County Code, (EBO Ordinance) which sets forth Item 4—S/MNVBE Certification incorporated in this solicitation. Thehe provisions of the EBO the County's requirements for the Program, and which is Only those firms certified by Palm Beach County at the time of Ordinance are applicable to this solicitation, and shall have bid submission shall be counted toward the established precedence over the provisions of this solicitation in the event of S/MNVBE goals. Upon receipt of a completed application, IT a conflict, TAKES UP TO NINETY(90) BUSINESS DAYS TO BECOME CERTIFIED AS AN S/MNVBE WITH PALM BEACH COUNTY. Item 2—Waiver of Affirmative Procurement Initiatives(APIs1 It is the responsibility of the bidder to confirm the certification of Reguirement any proposed S/MNVBE; therefore, it is recommended that In accordance with the EBO Ordinance, the Affirmative bidders visit the online Vendor Directory at Procurement Initiatives (APIs) have been waived for this www.pbc-gov.org/oebo to verify S/MNVBE certification status. solicitation. However, if any Bidder intends to utilize any Firms must continue to recertify during the life of the contract as subcontractors/subconsultants as part of their response to this the County may only count toward the established goal, work solicitation,the applicable OEBO Schedules must be submitted performed by an S/MNVBE during the time their certification with their response for compliance tracking purposes. dates are valid. Item 3—Bid Submission Documentation Item 5—Responsibilities After Contract Award S/MMBE bidders, bidding as prime contractors or consultants, are advised that they must complete Schedule 1 and Schedule Schedule 3—Subcontractor Activity Fprm 2, listing the work to be performed by their own workforce, as The Prime Contractor shall submit a completed Activity Report well as the work to be performed by all. subcontractor or form (Schedule 3) with each invoice, or payment application subconsultant, including S/MNVBE subcontractors and when any subcontractor/subconsultant has provided services subconsultants. Failure to include this information on Schedule during the period in which the Prime is requesting payment.This 1 will result in the participation by the S/MNVBE prime bidders form shall contain the name of all own workforce NOT being counted towards meeting the subcontractors/subconsultants, and specify the contracted S/MNVBE goal. This requirement applies even if the S/MNVBE dollar amount, approved change orders; revised contract bidder intends to perform 100% of the work with their own amount; amount drawn this period; amount drawn to date; and workforce S/MNVBE subcontractor/subconsultant payments to date issued to all subcontractors with their starting documentation.. If applicable,shall be submitted as follows: date. Page 311 Of 541 Page 6 Schedule 4—Payment Certification Form written notice of noncompliance by the department procuring the A fully executed Schedule 4 shall be submitted for each goods or services or the OEBO. If the Bidder does not resolve subcontractor/subconsultant after receipt of payment from the the non-compliance within fifteen(15) days of receipt of written Prime Contractor/consultant. The Prime Contractor/consultant notice of non-compliance„ then upon recommendation of shall submit this form with each payment application or invoice sanctions by the Director of EBO or designee in consultation submitted to the County when the County has paid the Prime with the COUNTY regarding the failure of a contractor, vendor, Contractor/consultant on the previous payment application for respondent or bidder or other business representative to comply services provided by a subcontractor/subconsultant. If any with any portion of the EBO Ordinance,the Director of the EBO subcontractor/subconsultant intends to disburse funds or designee(for purposes of imposing penalties,the Purchasing associated with this payment to another Director shall serve as the EBO designee)may impose any or subcontractor/subconsultant for labor provided on this contract, all of the following penalties on the non-complying party any or the amount and name of the subcontractor/subconsultant shall all of the following penalties: be listed on this form. All named subcontractors/subconsultants a„ Suspension of contract; on this form must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime 5, Withholding of funds; Contractor/consultant is a certified S/MNVBE,a Schedule 4 shall c: Termination of contract based upon a material breach of be submitted to reflect the amount of payment retained by the contract pertaining to EBO Program compliance; Prime Contractor/consultant for services performed by its own workforce. d: Suspension or Debarment of a respondent or bidder, contractor or other business entity from eligibility for All bidders hereby agree and assure that they will meet the providing goods or services to the County for a period S/MNVBE participation percentages submitted in their not to exceed three(3)years;and respective bids with the subcontractors/subconsultants e. Liquidated damages equal to the difference in dollar contained on Schedules 1 and 2 and at the dollar values specified. Respondents or bidders agree to provide any value of S/MNVBE participation as committed to in the additional information requested by the County to substantiate contract, and the dollar value of S/M/WBE participation participation. as actually achieved,if applicable. d. LOCAL PREFERENCE ORDINANCE: In accordance with the Upon letter notification by the County that the EBO payment Palm Beach County Local Preference Ordinance, a preference portal/tracking system is available for use,the Bidder is required may be given to (1) bidders having a permanent place of to input all subcontractor/subconsultant payment information business in Palm Beach County or (2) bidders having a directly into the EBO payment portal prior to submitting a permanent place of business in the Glades that are able to payment application. provide the goods or services within the Glades. Item 6—S/M/WBE Substitutions 1� Glades Local Preference: Pursuant to the Palm Beach After contract award, the Prime Contractor/consultant will only County Local Preference Ordinance, a 5% Glades Local be permitted to substitute a certified S/MNVBE that is unwilling Preference is given when a Glades business offers to or unable to perform. The Prime Contractor/consultant will only provide the goods or services that will be procured for use be permitted to modify the scope of work or price of an S/MNVBE in the Glades. If the lowest responsive, responsible bidder listed at bid opening or date/time for submission of the response is a non-Glades business, all bids received from to the solicitation as a result of the County's issuance of an responsive, responsible Glades businesses will be amendment, alternate or change orders on a project. decreased by 5%u. The original bid amount is not changed.. Substitutions shall be done with like certified S/MNVBEs in order The 5%decrease given for the Glades Local Preference is to maintain the participation percentages submitted with the bid calculated only for the purpose of determining local or proposal. preference. 2- Local Preference; Pursuant to the Palm Beach County All requests for modifications or substitutions shall be submitted Local Preference Ordinance, a 5% Local Preference is to the COUNTY and the Office of EBO on the EBO Request for given to bidders having a permanent place of business in S/MANBE Substitution Modification Removal Form for review. Palm Beach County. If the lowest responsive,responsible Upon receiving an approval for substitution, the Prime bidder is a non-local business; all bids received from Contractor/consultant shall submit a completed and signed responsive,responsible local businesses will be decreased Schedule 2 for the new S/MNVBE; the new S/MNVBE shall by 5%. The original bid amount is not changed. The 5% specify the type of work to be performed,and the dollar amount decrease given for the Local Preference is calculated only and/or percentage shall also be specified upon receiving for the purpose of determining local preference, approval for modification or substitution. 1 To receive a Glades Local Preference or a Local Preference(collectively referred to as"local preference"),a The Prime Contractor/consultant shall submit a new properly bidder must have a permanent place of business in executed Schedule 2 that specifies the revised scope of work to existence prior to the County's issuance of this Notice of be performed by the S/MNVBE, along with the revised dollar Solicitation / Invitation for Bid. A permanent place of amount and/or percentage. A detailed quote or proposal may business means that the bidder's headquarters is located be attached with a properly executed Schedule 2. in Palm Beach County or in the Glades, as applicable; or, the bidder has a permanent office or other site in Palm Item 7—EBO Program Compliance-Penalties Beach County or in the Glades, as applicable, where the Under the EBO Ordinance,the OEBO is required to implement bidder will produce a substantial portion of the goods or and monitor S/MNVBE utilization during the term of any contract services to be purchased. resulting from this solicitation. It is the County's policy that 4. A valid Business Tax Receipt issued by the Palm Beach S/M/WBEs shall have the maximum feasible opportunity to County Tax Collector is required, unless the bidder is participate in the performance of County contracts. All Bidders exempt from the business tax receipt requirement by law, are required to comply with the EBO Ordinance and shall be and will be used to verify that the bidder had a permanent expected to comply with the API(s)applicable to this solicitation, place of business prior to the issuance of this Notice of as well as the S/MNVBE utilization proposed by a Bidder in its Solicitation / Invitation for Bid. In addition, the attached Bid,which utilization plan forms a part of any resulting Contract. "Certification of Business Location" and Business Tax Receipt must accompany the bid at the time of bid The Director of the OEBO or designee may require such reports, submission. The Palm Beach County Business Tax information, and documentation from the BidderNendor as are Receipt and this Certification are the sole determinant of reasonably necessary to determine compliance with the EBO local preference eligibility. Errors in the completion of this Ordinance requirements. Vendor shall correct all Certification or failure to submit this completed Certification noncompliance issues within fifteen (15) calendar days of a will cause the bidder / proposer to not receive a local preference.. Page 312 Of 541 Page 7 e. DRUG FREE WORKPLACE CERTIFICATION: In compliance standards,comparable bids or offers,existing contracts,or other with Florida Statute(Section 287,087)attached form"Drug-Free means of establishing a range of current prices for which the line Workplace Certification"should be fully executed and submitted items may be obtained in the market place. The determination with bid response in order to be considered for a preference of whether a particular offer or bid is materially unbalanced shall whenever two (2)or more bids which are equal with respect to be made in writing by the Purchasing Director, citing the basis price,quality,and service are received by Palm Beach County, for the determination, CONDITIONED OFFERS: Bidders are cautioned that any . NON-EXCLUSIVE: The County reserves the right to acquire condition, qualification, provision, or comment in their bid, or in some or all of these goods and services through a State of other correspondence transmitted with their bid, which in any Florida contract under the provisions of Section 287.042,Florida way modifies, takes exception to, or is inconsistent with the Statutes, provided the State of Florida contract offers a lower specifications, requirements,or any of the terms,conditions,or price for the same goods and services, This reservation applies provisions of this solicitation, is sufficient cause for the rejection both to the initial award of this solicitation and to acquisition after of their bid as non-responsive. a term contract may be awarded. Additionally, Palm Beach County reserves the right to award other contracts for goods and PRICING services falling within the scope of this solicitation and resultant contract when the specifications differ from this solicitation or i_ Prices offered must be the price for new merchandise and resultant contract, or for goods and services specified in this free from defect. Unless specifically requested in the bid solicitation when the scope substantially differs from this specifications,any bids containing modifying or escalation solicitation or resultant contract. clauses shall be rejected. , The price offered must be in accordance with the unit of k; OFFER EXTENDED TO OTHER GOVERNMENTAL measure provided on the bid response page(s). One (1) ENTITIES: Palm Beach County encourages and agrees to the space or line requires only one(1)single,fixed unit price. successful bidder extending the pricing,terms and conditions of Anything other than a single,fixed unit price shall result in this solicitation or resultant contract to other governmental the rejection of your bid. entities at the discretion of the successful bidder. 3m All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two (2) decimal points, L. PERFORMANCE DURING EMERGENCY: By submitting a bid, Purchasing reserves the right to round up or down bidder agrees and promises that,immediately preceding,during accordingly. and after a public emergency, disaster, hurricane,flood, or act 4. Bidder warrants by virtue of bidding that prices shall remain of God, Palm Beach County shall be given "first priority'for all firm for a period of ninety (90) days from the date of bid goods and services under the contract. Bidder agrees to provide submission to allow for evaluation and award. all goods and services to Palm Beach County immediately 5. Bidder warrants by virtue of bidding that prices shall remain preceding, during and after a public emergency, disaster, firm for the initial and any subsequent term. hurricane, flood, or act of God, at the terms, conditions, and E In the event of mathematical error(s), the unit price shall prices as provided in this solicitation on a "first priority" basis. prevail and the bidders total offer shall be corrected Bidder shall furnish a 24-hour phone number to the County. accordingly. BIDS HAVING ERASURES OR Failure to provide the goods or services to the County on a first CORRECTIONS MUST BE INITIALED BY THE BIDDER priority basis immediately preceding, during and after a public PRIOR TO BID SUBMISSION. IF THE CORRECTION IS emergency, disaster, hurricane, flood, or act of God, shall NOT PROPERLY INITIALED, OR IF THE INTENT OR constitute breach of contract and subject the bidder to sanctions LEGIBILITY OF THE CORRECTION IS NOT CLEAR, from doing further business with the County, THE BID SHALL BE REJECTED. 7': Bidders may offer a cash discount for prompt payment. m, SALES PROMOTIONS / PRICE REDUCTIONS / MOST However, such discounts shall not be considered in FAVORED CUSTOMER: Should sales promotions occur during determining the lowest net cost for bid evaluation purposes the term of the contract that lower the price of the procured item, unless otherwise specified in the special conditions. the successful bidder shall extend to the County the lower price Bidders should reflect any discounts to be considered in offered by the manufacturer on any such promotional item. the unit prices bid,. Further, any price decreases effectuated during the contract period by reason of market change or otherwise,shall be passed h, SUBMITTING NO BID or NO CHARGE: Bidders not wishing to on to Palm Beach County. Additionally, any time after award, bid on some items sought by this solicitation should mark those the successful bidder may offer a reduced price which shall items as"no bid". If some items are to be offered at no charge, remain in effect for the duration of the contract. The successful bidders should mark those items as"no charge". Items left blank bidder warrants that the price(s)shall not exceed the successful shall be considered a"no bid"for that item,and the bid shall be bidder's price(s)extended to its most favored customer for the evaluated accordingly, same or similar goods or services in similar quantities, or the current market price, whichever is lower. In the event the i„ ACCEPTANCE/REJECTION OF BIDS: Palm Beach County successful bidder offers more favorable pricing to one of its reserves the right to accept or to reject any or all bids, Palm customer(s), the successful bidder shall extend to the County Beach County also reserves the right to (1) waive any non- the same pricing or the then current market price,whichever is substantive irregularities and technicalities; (2) reject the bid of lower. any bidder who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or n.. BIDDER'S COMMERCIAL NON-DISCRIMINATION debarred by another governmental entity„ or who is not in a CERTIFICATION:In accordance with Palm Beach County Code position to perform properly under this award;and(3)inspect all Section 2-80.24, the undersigned bidder hereby certifies and facilities of bidders in order to make a determination as to its agrees that the following information is correct: In preparing its ability to perform, response to this solicitation, the Bidder has considered all proposals submitted from qualified,potential subcontractors and Palm Beach County reserves the right to reject any offer or bid suppliers,and has not engaged in"discrimination"as defined in if the prices for any line items or subline items are materially the County's Commercial Nondiscrimination Policy as set forth unbalanced. An offer is materially unbalanced if it is in Resolution 2017-1770 as amended, to wit: discrimination in mathematically unbalanced,and if there is reason to believe that the solicitation, selection or commercial treatment of any the offer would not result in the lowest overall cost to the County, Subcontractor,vendor,supplier or commercial customer on the even though it is the lowest evaluated offer. An offer is basis of race, color, national origin, religion, ancestry, sex, age, mathematically unbalanced if it is based on prices which are marital status,familial status,sexual orientation,gender identity significantly less than fair market price for some bid line item and or expression, disability, or genetic information,or on the basis significantly greater than fair market price for other bid line items. of any otherwise unlawful use of characteristics regarding the Fair market price shall be determined based on industry vendor's, supplier's or commercial customer's employees or Page 313 of 541 Page 8 owners;provided that nothing in this policy shall be construed to test of such items, determined that they appear to fully comply prohibit or limit otherwise lawful efforts to remedy the effects of with specifications. The Board may return,at the expense of the discrimination that have occurred or are occurring in the successful bidder and for full credit, any item(s)received which County's relevant marketplace of Palm Beach County.Without fail to meet the County's specifications or performance limiting the foregoing, "discrimination" also includes retaliating standards, against any person or other entity for reporting any incident of "discrimination," Without limiting any other provision of the b, FEDERAL AND STATE TAX: Palm Beach County is exempt solicitation, it is understood and agreed that, if this certification from Federal and State taxes. The authorized agent for is false, such false certification will constitute grounds for the Purchasing shall provide an exemption certificate to the County to reject the bid submitted by the bidder for this successful bidder, upon request. Successful bidders are not Solicitation,and to terminate any contract awarded based on the exempted from paying sales tax to their suppliers for materials response, to fulfill contractual obligations with the County, nor are successful bidders authorized to use the County's Tax Bidder shall indicate by checking the box provided on the Bid Exemption Number in securing such materials. Any sales tax Response Page,its agreement to the foregoing. paid by successful bidders to their suppliers for materials to fulfill contractual obligations with the County are not reimbursable by At the time of bid submission,the bidder shall provide to the County the County to the successful bidder. a list of all instances within the immediate past four(4)years where there has been a final adjudicated determination in a legal or c. PAYMENT: In order for Palm Beach County to make payment, administrative proceeding in the State of Florida that the bidder the Vendor's Legal Name; Vendor's Address; and Vendor's discriminated against its subcontractors, vendors,, suppliers or TIN/FEIN Number on the successful bidder's bid; must be commercial customers, and a description of the status or resolution exactly the same as it appears on the invoice and in Palm Beach of that complaint,including any remedial action taken. County's VSS system which can be accessed at https://pbcvss o.co.pa Im-beach.fl.us/webapp/vssg/AltSelfService. Bidder shall indicate by checking the box provided on Bid Response Page, that it has attached pages with Successful bidders shall send ALL ORIGINAL invoices to the legal/administrative proceeding information,if applicable. following address and may send copies of invoices to the Palm Beach County Department requesting the goods/ Bidder's failure to meet these requirements shall render its bid services. Invoices submitted on carbon paper shall not be response non-responsive. accepted, 4. BID SUBMISSION TIME/AWARD OF BID PALM BEACH COUNTY FINANCE DEPT. a. OBSERVING THE PUBLISHED BID SUBMISSION TIME: The P.O.BOX 4036 published bid submission time shall be scrupulously observed. WEST PALM BEACH,FL 33402-4036 It is the sole responsibility of the bidder to ensure that their bid arrives in the Purchasing Department prior to the published bid Payment shall be made by the County after goods /services submission time. Any bid delivered after the precise published have been received, accepted and properly invoiced as time of bid submission shall not be considered, and shall be indicated in the contract and/or order. Invoices must bear the returned to the bidder unopened if bidder identification is order number.The Florida Prompt Payment Act is applicable to possible without opening. Bid responses by telephone, this solicitation.Interest penalties will only be paid in accordance electronics,or facsimile shall not be accepted. Bidders shall not with the Florida Prompt Payment Act,Florida Statute 218.70. be allowed to modify their bids after the published bid submission time. Note: Palm Beach County Vendors can now be paid by Credit Card via the County's voluntary Payment Manager b- POSTING OF AWARD RECOMMENDATION: Recommended Program. For vendors who don't have a merchant account,one awards shall be publicly posted for review, at the Purchasing is needed to utilize the Program. For vendors with a merchant Department and on the Purchasing Department website at account, you will need to enroll with the Palm Beach County www.pbcgov.org/purchasing prior to final approval, and shall Clerk&Comptroller's Office. For information,contact the Palm remain posted for a period of five(5)business days. The official Beach County Clerk & Comptroller at posting on the Purchasing Department website shall prevail if a pbcpa„mentmgr&mypalmbeachclerk.com. discrepancy exists between the referenced listings. d. CHANGES: The Director of Purchasing, Palm Beach County, c,, PROTEST PROCEDURE: Protest procedures are provided in by written notification to the successful bidder may make minor the Palm Beach County Purchasing Code. Protests must be changes to the contract terns. Minor changes are defined as submitted in writing,addressed to the Director of Purchasing,via modifications which do not significantly alter the scope, nature, hand delivery, mail or fax to (561) 242-6705. Protest must or price of the specified goods or services, Typical minor identify the solicitation,specify the basis for the protest,and be changes include,but are not limited to,place of delivery,method received by the Purchasing Department within five(5)business of shipment,minor revisions to customized work specifications, days of the posting date of the recommended award. The and administration of the contract. The successful bidder shall protest is considered filed when it is received by the Purchasing not amend any provision of the contract without written Department. Failure to file a protest as outlined in the Palm notification to the Director of Purchasing, and written Beach County Purchasing Code shall constitute a waiver of acceptance from the Director of Purchasing or the Board. proceedings under the referenced County Code, e. DEFAULT: The County may, by written notice of default to the 5. CONTRACT ADMINISTRATION successful bidder,terminate the contract in whole or in part if the successful bidder fails to satisfactorily perform any provisions of a. DELIVERY AND ACCEPTANCE: Deliveries of all items shall this solicitation or resultant contract,or fails to make progress so be made as soon as possible. Deliveries resulting from this bid as to endanger performance under the terms and conditions of are to be made during the normal working hours of the County. this solicitation or resultant contract, or provides repeated non- Time is of the essence and delivery dates must be met. Should performance,or does not remedy such failure within a period of the successful bidder fail to deliver on or before the stated dates, 10 days (or such period as the Director of Purchasing may the County reserves the right to CANCEL the order or contract authorize in writing) after receipt of notice from the Director of and make the purchase elsewhere. The successful bidder shall Purchasing specifying such failure. In the event the County be responsible for making any and all claims against carriers for terminates the contract in whole or in part because of default of missing or damaged items. the successful bidder, the County may procure goods and/or Delivered items shall not be considered "accepted” until an services similar to those terminated, and the successful bidder authorized agent for Palm Beach County has, by inspection or shall be liable for any excess costs incurred due to this action. Page 314 of 541 Page 9 If it is determined that the successful bidder was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the successful bidder),the rights and obligations of the parties shall be those provided in Section 5f,"Termination for Convenience". f. TERMINATION FOR CONVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract, in whole or in part, for the convenience of the County. The Director of Purchasing shall give five (5) days prior written notice of termination to the successful bidder, specifying the portions of the contract to be terminated and when the termination is to become effective. If only portions of the contract are terminated, the successful bidder has the right to withdraw, without adverse action, from the entire contract. Unless directed differently in the notice of termination, the successful bidder shall incur no further obligations in connection with the terminated work, and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding orders and/or subcontracts related to the terminated work. fJ. REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law,or in equity,by statute or otherwise. No single or partial exercise by any party of any right,power,or remedy hereunder shall preclude any other or further exercise thereof. s PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS: Pursuant to Palm Beach County Code, Section 2-421 —2-440,as amended, Palm Beach County's Office of Inspector General is authorized to review past,present and proposed County contracts,transactions,accounts,and records. The Inspector General's authority includes,but is not limited to,the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County,or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 — 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 7, BUSINESS INFORMATION: If bidder is a Joint Venture for the goods /services described herein,bidder shall,upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. THIS IS THE END OF"GENERAL CONDITIONS" Page 315 of 541 Page 10 SPECIAL CONDITIONS 8. GENERAL/SPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 9. QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service specified, The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. The bidder should submit the following information with their bid response; however, if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County(normally within two working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid. Information submitted with a previous bid shall not satisfy this provision. A. List a minimum of three 3 references in which similar goods and/or services have been provided within the past three years including scope of work, contact names, addresses, e-mail addresses, telephone numbers and dates of service on the attached reference sheet included herein. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the requirement, 10. CRIMINAL HISTORY RECORDS CHECK This solicitation includes sites and/or buildings which have been designated as either"critical facilities" or "criminal justice information facilities" pursuant to Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), and Resolution R-2003-1274, as amended. County staff representing the User County Department will contact the recommended awardee(s) and provide specific instructions for meeting the requirements of this Ordinance. This provision applies to and must be adhered to by all vendors, contractors, and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering critical facilities or criminal justice information facilities. Individuals passing the background check will be issued a badge. Contractor shall make every effort to collect the badges of its employees and its subcontractors' employees upon conclusion of the contract work and return them to the County. If the contractor or its subcontractor terminates an employee who has been issued a badge, the Contractor must notify the County within two (2) hours. At the time of termination, the contractor shall retrieve the badge and return it to the County in a timely manner. The County reserves the right to suspend any Contractor that; 1) does not comply with the requirements of County Code Section 2-371 through 2-377 as amended; 2) does not contact the County regarding a terminated contractor employee or subcontractor employee within the stated time; or 3) fails to make a good faith effort in attempting to comply with the badge retrieval policy. 11. AWARD (ALL-OR-NONE Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an all-or-none, total offer basis. Therefore, it is necessary for a bidder to bid on every item in order to have a bid considered. It is also required that the bidder carefully consider each item, and make sure that each one meets the specifications as indicated. In the event that one item does not meet such specifications the entire bid will be considered non-responsive. Additionally, if a bidder enters a No Bid, or N/A for any item, they will be considered non-responsive. 12. PRIMARY AND SECONDARY DESIGNATION Palm Beach County reserves the right to make multiple awards for this solicitation. In the event that this right is exercised, the lowest responsive, responsible bidder shall be designated primary awardee and the next lowest responsive, responsible bidder shall be designated secondary awardee. The primary awardee shall be given the first opportunity to perform. The secondary awardee shall be contacted only after the primary awardee has refused to perform.The primary awardee is expected to perform all work offered to them, unless they are unable to perform it for lack of resources or technical ability. The primary awardee may be found in default of the contract if it declines more than 10%of the offered work, or if it establishes a pattern of accepting only the more desirable work and declining the less desirable work. Additionally, if during the term of the contract the primary awardee is found in default of the contract; does not agree to renew the contract; or unilaterally terminates the contract, the rights, duties, and obligations of the primary awardee shall be offered to the secondary awardee and awarded upon mutual agreement. Page 316 of 541 Page 11 13. METHOD OF ORDERING (TERM CONTRACT" A contract shall be issued for a term of twelve (12) months or until the estimated amount is expended, at the discretion of the County. The County will order on an "as needed" basis. 14. ADDITION/DELETION OF DELIVERY LOCATIONS Palm Beach County reserves the right to add or delete delivery locations(including locations within the Glades)during the term of the contract at its sole discretion. Additional locations shall be based on price per ton offered on the Bid Response page(s), and shall not exceed the original expiration date of the contract. Additional sites may be subject to renewal options. 15. DELIVERY Delivery shall be required within three 3 calendar days after receipt of term contract delivery order (DO) unless a modified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Director or his/her designee. Failure of the successful bidder to perform to the delivery requirement is sufficient cause for default and termination of the contract. 16. AS SPECIFIED A term contract delivery order(DO)will be issued to the successful bidder with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the successful bidder, items not delivered as specified,. At the option of Palm Beach County, item(s) from any delivery may be submitted to an independent testing laboratory to determine conformity to respective specifications. Bidders shall assume full responsibility for payment of any and all charges for testing and analysis of any product offered or delivered that does not conform to the minimum required specifications. 17. QUANTITY The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements. Additionally, bidders are cautioned to bid in accordance with the unit specified on the Bid Response page(s). 18. RENEWAL OPTION The successful bidder shall be awarded a contract for twelve (12) months with the option to renew for four 4 additional twelve (1.2)month period(s). The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. The unit prices bid shall apply for the initial term and each renewal period. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if the successful bidder is suspended by the Purchasing Department prior to the commencement of the renewal period. 19. INSURANCE REQUIRED It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, c/o JDi Data Corporation (JDi), 100 W. Cypress Creek Rd., Suite 1052, Fort. Lauderdale, FL 33309, using the CTrax Portal unless otherwise directed by the County. Subsequently, the successful bidder shall, during the term of the Contract, and prior to each renewal thereof, provide evidence of insurability to JDi using the CTrax Portal, which is Palm Beach County's insurance management system, prior to the expiration date of each and every insurance required herein. Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability, Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages, Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an Additional Insured. Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability not less than $500,000 Combined Single Limit Each Accident for all owned, non-owned, and hired automobiles. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi-trailer designed for travel on public roads.) In the event successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing successful bidder to maintain only Hired & Non-Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the bidder indicating either the bidder does not own any vehicles, and if vehicles are acquired throughout the term of the contract, bidder agrees to purchase "Owned Auto" coverage as of the date of acquisition. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. Page 317 of 541 Page 12 Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation & Employer's Liability Insurance in accordance with Florida Statute Chapter 440. A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Failure to provide required insurance shall render your bid non-responsive. Except as to Business Auto,Workers'Compensation and Employer's Liability(and Professional liability, when applicable), said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium)or non-renewal of coverage. The Certificate Holder shall read: Palm Beach County Board of County Commissioners c/o JDi Data Corporation, 100 W. Cypress Creek Rd., Suite 1052, Ft. Lauderdale, FL 33309. It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. Bidder shall agree that all insurance coverage required herein shall be provided by bidder to County on a primary basis. Page 318 of 541 Page 13 SPECIFICATIONS IFB #19-069/MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT PURPOSE AND INTENT The sole purpose and intent of this Invitation for Bid (IFB) is to secure firm, fixed pricing and establish a term contract for the purchase and delivery of Sodium Chloride, Solar Salt quality or greater, at various locations throughout Palm Beach County. TECHNICAL REQUIREMENTS 1. The sodium chloride(NaCl), granular, shall be solar salt quality or greater,containing no organic binders,flow control agents, or resin cleaning materials, and meeting or exceeding the following specifications (as ppm [mg/kg]weight): m �- NaCl: Dry basis 96.3% - 98% Wet basis 93.3% minimum Calcium sulfate 0.30% maximum Magnesium chloride 0.06% maximum Calcium chloride 0.10% maximum Magnesium sulfate 0.02% maximum Insoluble 0.1% maximum Moisture as 1-15,0) 3.0% maximum Lead 0.0007% maximum Copper0.0003% maximum Iron as Fe ,'....__ 0.002% maximumwFN' Total impurities (soluble & insoluble) 2.0% maximum 2, Product shall be as per ANSI/AWWA B200 latest revision Standards, Section 5,VERIFICATION. 3, Product shall be homogeneous and in a crystalline granular form. 4- Product shall be white in color. COUNTY'S RESPONSIBILITY 1,. The County shall order on an as needed basis, during the term of the contract. SUCCESSFUL BIDDER'S RESPONSIBILITIES 1. If the material does not meet the requirements of the Standards, the successful bidder shall remove it from the County property at no additional cost. The successful bidder may be required to provide an affidavit to the County upon request, stating that the Sodium Chloride furnished complies with all applicable requirements of the Standards. 3. All bulk shipments shall be accompanied by certified weight tickets. Delivery shall be made using pneumatic tanker trucks only and shall be bulk delivery. 4- Successful bidder shall be responsible for hose connection. (4" aluminum cam-lock) 5. Delivery will be full truckloads, and shall be delivered on an as needed basis, CURRENT DELIVERY LOCATIONS ESTIMATED QUANTITY _.... Water Treatment Plant#2 2956 Pinehurst Drive, West Palm Beach, FL 33467 5,400 Tons Patti Brock (561)493-6360 Water Treatment Plant#8 1500 Jog Road, West Palm Beach, FL 33415 2,700 Tons Tim McAleer(561)493-6180 COUNTY ACCEPTANCE Delivered items shall not be considered "accepted" until an authorized agent for Palm Beach County has, by inspection or test of such items, determined that they appear to fully comply with specifications. The Board of County Commissioners may return, at the expense of the successful bidder and for full credit, any items received which fail to deet... the County's specifications or performance standards. PAYMENT Payment will be based on the unit price offered on the Bid Respponse page(s). Payment shall be rendered ONLY upon the County's satisfaction of service(s) rendered. Price shall include, but is not limited to, all supervision;, labor equipment, materials, tools, machinery, transportation, travel, manpower, fuel, mobilization, demobilization and other iaciiities and services necessary to fully and completely provide the service(s) as specified above. No additional compensation shall be offered or paid. Page 319 of 541 Page 14 BID RESPONSE IFB #19-069/MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT ITEM ESTIMATED NO. DESCRIPTION 12 MONTH UNIT UNIT PRICE TOTAL OFFER QUANTITY Sodium Chloride, Granular, Solar Salt Quality, Bulk `t, Delivery in accordance with AWWA#B-200 Standards, 8,100 TON as specified herein. All unit prices bid should be within two(2)decimal points. If bidders pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Acknowledge Qualification of Bidders information is included, per Term#9? YES/INITIAL Acknowledge Criminal History Records Check requirement, per Term#10? YES/INITIAL Acknowledge Insurance requirements, per Term #19? YES/INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition #7, if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. Per General Term and Condition #3n., the undersigned hereby certifies that the information set forth in General Term and Condition#3n. is true and correct to the best of my knowledge. [ ] Check, if agreed to and acknowledged. Per General Term and Condition #3n., if there has been within the immediate past 4 years a final adjudicated determination in a legal or administrative proceeding in the State of Florida that the undersigned discriminated against its subcontractors, vendors, suppliers or commercial customers, then the undersigned shall attach a description of the status or resolution of that complaint, including any remedial action taken. [ ] Check, if attachment. FIRM NAME; (Enter the entire legal name of the bidding entity) DATE, PRINT NAME: * SIGNATURE: PRINT TITLE: ADDRESS. CITY/STATE: ZIP CODE: TELEPHONE# ( E-MAIL; i TOLL FREE # ( ) FAX#: APPLICABLE LICENSE(S) NUMBER# TYPE: FEDERAL ID# Page 320 of 541 Page 15 QUALIFICATION OF BIDDERS REFERENCES FOR IFB #19-069/MB Bidder shall list references in accordance with the requirements set forth in the Qualifications of Bidders. REFERENCE NAME: ADDRESS: F This Contact must be informed that they CONTACT NAME: are listed as a reference,and the County may be calling them. PHONE: CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: SCOPE OF WORK: CONTRACT DATES: REFERENCE NAME: ADDRESS: ,���.. This Contact must be informed that they CONTACT NAME. are listed as a reference,and the County may be calling them. PHONE: CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: SCOPE OF WORK: CONTRACT DATES: j t REFERENCE NAME: ADDRESS: <-- This Contact must be informed that they CONTACT NAME: are listed as a reference,and the County may be calling them. PHONE: CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: SCOPE OF WORK: CONTRACT DATES: FIRM NAME: Page 321 of 541 Page 16 CERTIFICATION OF BUSINESS LOCATION IFS #19-069/MB In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) bidders having a permanent place of business in Palm Beach County ("County") or (2) bidders having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the Glades. To receive a local preference, bidders must have a permanent place of business within the County or the Glades, as applicable, prior to the County's issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the bidder to provide the goods/services being solicited by the County, and will be used to verify that the bidder had a permanent place of business prior to the issuance of the solicitation. The bidder must submit this Certification of Business Location ("Certification") along with the required Business Tax Receipt at the time of bid or quote submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder to not receive a local preference. In instances where the bidder is exempt by law from the requirement of obtaining a Business Tax Receipt, the bidder must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the bidder had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The County hereby retains the right to contact said bidders for additional information related to this requirement after the bid/quote due date. I, Bidder is a: Local Business: A local business has a permanent place of business in Palm Beach County. (Please indicate): Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services. Glades Business: A Glades business has a permanent place of business in the Glades. (Please indicate); Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services. Il, The attached copy of bidder's County Business Tax Receipt verifies bidder's permanent place of business. THIS CERTIFICATION is submitted by as (Name of Individual) of (Title/Position) (Firm Name of Bidder) who hereby certifies that the information stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business with the bidder. (Signature) (Date) Page 322 of 541 Page 17 DRUG-FREE WORKPLACE CERTIFICATION IFB #19-069/MB IDENTICAL TIE BIDS/QUOTES - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids/quotes the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however,that any preference given pursuant to Section 287.087,shall be made in conformity with the requirements pursuant to the Palm Beach County Code,Chapter 2, Article III, Sections 2-80.21 thru 2-80.34. In the event tie bids/quotes are received from vendors who have not submitted with their bids/quotes a completed Drug-Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids/quotes. This Drug-Free Workplace Certification form must be executed and returned with the attached bid/quote,and received on or before the published bid/quote submission deadline to be considered. The failure to execute and/or return this certification shall not cause any bid/quote to be deemed non-responsive. Whenever two(2)or more bids/quotes which are equal with respect to price, quality,and service are received by Palm Beach County for the procurement of commodities or contractual services, a bid/quote received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. 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 number(1). (4) In the statement specified in number (1), notify the employees 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, Florida Statutes, 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. (6) 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 Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by the (Individual's Name) Of (Title/Position with Company/Vendor) (Name of Company/Vendor) who does hereby certify that said Company/Vendor has implemented a drug-free workplace program which meets the requirements of Section 287.087, Florida Statutes,which are identified in numbers (1)through (6) above. Signature Date Revised-11/10/16 Page 323 of 541 OD a� m � I 0 m O o m 'a cc 0 FCL h CN U W n a W= v a m O Q~ .0 C 'O d a N C �n a O dD Y m c N J N LnQ 'N L 3 z ~¢ 3 O NJ ZLL E Q F- N W U Q p z V 'O y oHC J U U �` r CO O'. W ( V) y '°� d O y u z� 3 �� Q Q ( O OF - .m a eC O Z > w �� v a lzn 02M LAJ CD O Qcl: a a3 am c H ZU 0 a O G\C Z �? x y c p O WW W N M N Z r J C m VI u_ wi z °C RILIQ LLJ Z J p = w W CO a u O Q a 20 co H �a a `o m O >-HW _ 00 W v W H mJ m � w- Z W g °; Q v O wi ca Z _ J O ymj a tw N Lu < L. Nm FL 0 In, CO M.r- w . ._ ZSO JE m Y w 'nl in _ Ll N m 00 v E o a x3 LL N O am m 3 V 00 d O N vOi \ d a 3W 3 � v ocv Z LLQ Q .O m ,... 30 7 m OF- = Y Lt � OU WZ(D LLIY ' o m = F -C W ° c c pZ uw m fr o c m CL W Q u 7 v fav Nu9 ° m r V o a W E a m O iZ wm a �= E E o J W O ~CL. m X T D L m O s' O O [F x a � g� a t Z Zm Q J,I a v E w w O W E o = w ° 00 O H a m c c o Z z D T a Z_ 0 p .0o m N ?« O w Z D �' m r o x' Z 0. W N� c o Y H LL a W O p 2 J m p N o Z w Z ~ >it d N N N M O a a O v) LL ~ UJ LW O W Q NN i E U H U Q Q m m m a J Z J W W g Z (N #:F- - xCs °/ 76C/ O a 0 0 JJI= a v) z U F r CA a a _ Page 324 of 541 Page 19 OEBO LETTER OF INTENT—SCHEDULE 2 A completed Schedule 2 is a binding document between the Prime Contractor/Consultant and a Subcontractor/Subconsultant (for any tier)and should be treated as such. The Schedule 2 shall contain bolded language indicating that by.signing the Schedule 2 both parties recognize this Schedule as a binding document. All Subcontractors/Subconsultants, including any tiered Subcontractors/Subconsultants,must properly execute this document. Each properly executed Schedule 2 must be submitted with the bid/proposal. SOLICITATION/PROJECT NUMBER: SOLICITATION/PROJECT NAME: Name of Prime: JCheck box(es)that apply) ❑SBE ❑WBE D MBE ❑M/WBE ❑Non-S/M/WBE Date of Palm Beach County Certification(if applicable): The undersigned affirms they are the following(select one from each column): Column 1 Column 2 ❑Male ❑Female ❑African-American/Black []Asian American ❑Caucasian American❑Hispanic American❑Native American S/M/WBE PARTICIPATION—S/M/WBE Primes must document all work to be performed by their qwn work force on this form. Failure to submit a properly executed Schedule 2 for any S M WBE participation may result in that participation not being counted. Specify in detail,the scope of work to be performed or items supplied with the dollar amount and/or percentage for each work item. S/M/WBE credit will only be given for the areas in which the S/M/WBE is certified. A detailed proposal may be attached to a properly executed Schedule 2. _.-.-..... Line Item Description Unit Price Quantity/ Contingencies/ Total Price/Percentage Item Units Allowances The undersigned Subcontractor/Subconsultant is prepared to self-perform the above-described work in conjunction with the aforementioned project at the following total price or percentage: If the undersigned intends to subcontract any portion of this work to another Subcontractor/Subconsultant,please list the business name and the amount below accompanied by a separate properly executed Schedule 2. Price or Percentage: Name of 2nd/3'd tier Subcontractor/Subconsultant Print Name of Prime Print Name of Subcontractor/Subconsultant By: ., ,. By Authorized Signature Authorized Signature Print Name Print Name Title Title Date: Date: Revised 02/28/2015 Page 325 of 541 m �a<n O d a t d Ga rn r r r v N C o c6 = Q V C. O o0 3 0 `0 o m q) O N Y a� c4 > E am o > .0 r- V o •- m .� m � Mr rw t c � N � o Q- -0 LU off E C rte+ v O +C~+ V V O R CO O m O L V L O C.0 C y 0U0C E'U) W w V! C O d C :3 = Can) C A V O O fn ;' m a� O O = o_ o.N x t co O Q W E N w p U) V m L Ri a OC F- C.C a A F' (D O CU 7 o :� a-. Q 4= LL LU t d N N d M F- O d c0 C C a o , INC C Vr a m i C � M = f6 .0 LR 0 p m M WQ ad — O 0 C:r.+ O E ,2 0 rn O E O +_ Q � U) N. cu v~ 3LQVcC OmCO aO c �C O2W p ' CU 0 =3.0 �. mW QEY 0 ,0 � O? � . o m WL Q . (D N GCl) a) Q03E L m > 3 o p r=+ O aaUa LL o V c Ur a+ m d 0 C U atE W Z d G 0 C Z N E2 0 o m Z >, caOE U LUQ a W Q= C - 0 t t0 ` G1 N V Dom O R t? Z t — 'Lu Z > m a)" a� O C V CL m Cv0 n t `0 O E � . � y m QUO 8 �' d _. Z ca O dN m � d � `-_. vi y O C U- O Opt O O LU m ocai3a4) 0a moa z € Ay o 4.1 U o oEv c�ou) U (D c EO Q o U 7 i ? L ..a.m.,< D O N C W Q W 7 N 0 'C N U W' d iU L d R o Q Q P 5 .N O y O N 0 o t � o +) r v a, Eo Z Z (n M v r v O �: E : (D n/� L Z U O (1 *+ LV �'' CL.2 Z O a) V C C. ,4,1 -0 U W W m 0 0 •O H (nCL IL Q Z -L'.— � . Page 326 of 541 Page 21 OEBO SCHEDULE 4—SUBCONTRACTOR/SUBCONSULTANT PAYMENT CERTIFICATION A properly executed Schedule 4 shall be submitted for each Subcontractor/Subconsultant after receipt of payment from the Prime.The Prime shall submit this form with each payment application or invoice submitted to the County when the COUNTY has paid the Prime on the previous payment application for services provided by a Subcontractor/Subconsultant.All named Subcontractors/Subconsultants on this form must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime is an S/M/WBE, completion of a Schedule 4 is also required to document all portions of work performed by their work force. A completed release of lien form can be submitted in lieu of a Schedule 4. This is to certify that received a (Subcontractor/Subconsultant Name) (Monthly)or(Final)payment of $ for Drawn (Month) On mm I I I I I from MM DD y"YYY (Prime Contractor Name) for labor and/or materials used on (Project Name) (Work/Task Order/Project Number) DEPT.: PROJECT NO.: I� PRIME CONTRACTOR/CONSULTANT VENDOR CODE: .w ........� SUBCONTRACTOR/SUBCONSULTANT VENDOR CODE: WA _ � If the undersigned intends to distribute any portion of this payment to another Subcontractor/Subconsultant, please list the business name and the amount below accompanied by a separate properly executed Schedule 4. Price or Percentage: Name of 2nd/3rd tier Subcontractor/Subconsultant By. (Signature of Subcontractor/Subconsultant) (Name&Title of Person executing on behalf of Subcontractor/Subconsultant) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this day of By. Notary Public,State of Florida Print,Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Revised 02/28/2Q19 Page 327 of 541 0 ow U. O u �aOO -. Qwcl, " 00 , LU W 0 W Vw, � a a' O �.. Z J� e f U w _W LL �a' -V w N J LL O ll.iO III. 4 W HU .I Z a Q it0a ' 1 W aZJ " f U x d _ be n � a Zo� w�_o cn O vvwC7Zi WQ0 LL m w p G1 W F- 0 o YO HwJ O > H W W O uaQZ aza W) Fn .W cJ �F_ m �Q O w Z W rn 3 Q w I�°�N� LLOLL LLJ m o wU (L N ?�„ W 603, 0 FI 1! u I FC Z LL 0 0 L ~ O 0 Z w a o Q0 W Q U- a w J w fn H w a z � o o z z aW a `. LV w >- (n ao w w cn ci O a a 3 O o = wIV Q N —,. O X o a4w =' W OW o � Im o o (nw U m �W �-' rn \ z m m N J w �o I LL d LU.,. N p W F- w w C En Q'I ,n 0 m w t9 a i W o aiz� Z � cn ®Y L o �p W o 0 0 W " cn 7 E N =' ZJm w LY 0 cn LL wwf(-om Z O W Zw OZ LL Wdcn Cl) i Z H m w w w Q m 02 aZ W WW _......... .......:. Z m z 0 m c yl z n. z a O to f/) W w a ww 0 0 cn w w Ca Z Q w �U LL o Q Cl) z d W Q W 0 0. 0 oZ Q LO 1 0 Z o a as o C, LL W w w ~ n °® Q pQ o to ZDZ C Z H W Q 0 a j Z 0 O 0 � LW CL Z Q 0 wuc ftp J 4 F- w � � w wOw D m m �Q O W' - � wZOQ LL � J a) a >- � w ZoZ oZU€ wo U c w Q m0 �� aP: 0 d> w 00 p 0 U F— mw l) O Y LL U Q ~S a' = �* O a. ? av~il wwz�vz�z' a � 0 O w in J ►- ca wLU m � CO 0. 0 a Y Rn-ccn va. N z Page 328 of 541 Page 14 BID RESPONSE IFB #19-069/MB SODIUM CHLORIDE, SOLAR SALT QUALITY, PURCHASE AND DELIVERY OF, TERM CONTRACT ITEM ESTIMATED NO. DESCRIPTION 12 MONTH UNIT UNIT PRICE TOTAL OFFER QUANTITY Sodium Chloride, Granular, Solar Salt Quality, Bulk 1. Delivery in accordance with AWWA#B-200 Standards, 8,100 TON $ 130.50 $ 1,057,050.00 as specified herein. All unit prices bid should be within two(2)decimal points. If bidder's pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Acknowledge Qualification of Bidders information is included, per Term #9? YES/INITIAL C . Acknowledge Criminal History Records Check requirement, per Term #10? YES/INITIAL f> Acknowledge Insurance requirements, per Term #19? YES/INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO $O SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition #7, if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. Per General Term and Condition #3n., the undersigned hereby ce ifies that the information set forth in General Term and Condition #3n. is true and correct to the best of my knowledge. [ ] Check, if agreed to and acknowledged. Per General Term and Condition#3n., if there has been within the immediate past 4 years a final adjudicated determination in a legal or administrative proceeding in the State of Florida that the undersigned discriminated against its subcontractors, vendors, suppliers or commercial customers, then the undersigned shall attach a description of the status or resolution of that complaint, including any remedial action taken. [ ] Check, if attachment. FIRM NAME; (Enter the entire legal name of the bidding entity) DATE: Morton Salt, Inc. 7/19/19 * SIGNATURE: PRINT NAME-Doug Kafer, Senior Product Manager, Roc PRINT TITLE:& Solar * SIGNATURE: PRINT NAME:Charlie Cassell, Director, B2B - PRINT TITLE: Manufacturing Sales ADDRESS: 444 West Lake Street Suite 3000 CITY/STATE: Chicago, IL ZIP CODE: 60606 TELEPHONE# ( 844 )410-0513 E-MAIL: buyindustrial@mortonsalt.com TOLL FREE # ( ) FAX#: ( ) APPLICABLE LICENSE(S) NUMBER# TYPE: FEDERAL ID# 27-3146174 Page 329 of 541 Page 15 QUALIFICATIONS OF BIDDERS REFERENCES FOR IFB #19-069/MB Bidder shall list references in accordance with the requirements set forth in the Qualifications of Bidders. REFERENCE NAME: City of Boca Raton ADDRESS: 201 W Palmetto Park Rd., Boca Raton FL 33432 Nell Phillips f This Contact must be informed that CONTACT NAME: they are listed as a reference, and the County may be callin them. PHONE: 561-393-7376 CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: nphillips@myboca,us SCOPE OF WORK: Salt CONTRACT DATES: REFERENCE NAME: Orange County ADDRESS: 9100 Curry Ford Rd., Orlando, FL 32825 <— This Contact must be informed that CONTACT NAME: Zulay Millan they are listed as a reference, and the County may be calling them. PHONE: 407-836-5635 CELLPHONE: CONTACT INFORMATION: FAX.: EMAIL: zulay.millan@ocfl.net SCOPE OF WORK: Salt CONTRACT DATES: REFERENCE NAME: City of St.Cloud ADDRESS: 3201 Kissimmee Park Rd., St.Cloud, FL 34772 f- This Contact must be informed that CONTACT NAME: Leslie Flores ]" they are listed as a reference, and the County may be calling them. PHONE: 407-957-7318 CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: Ifores@stcloud.org SCOPE OF WORK: Salt CONTRACT DATES: FIRM NAME: Morton Salt,Inc. Page 330 of 541 Page 16 CERTIFICATION OF BUSINESS LOCATION IFB #19-069/MB In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) bidders having a permanent place of business in Palm Beach County ("County") or (2) bidders having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the Glades. To receive a local preference, bidders must have a permanent place of business within the County or the Glades, as applicable, prior to the County's issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the bidder to provide the goods/services being solicited by the County, and will be used to verify that the bidder had a permanent place of business prior to the issuance of the solicitation. The bidder must submit this Certification of Business Location ('Certification") along with the required Business Tax Receipt at the time of bid or quote submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility,. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder to not receive a local preference. In instances where the bidder is exempt bylaw from the requirement of obtaining a Business Tax Receipt,the bidder must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the bidder had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The County hereby retains the right to contact said bidders for additional information related to this requirement after the bid/quote due date. 1, Bidder is a: Local Business: A local business has a permanent place of business in Palm Beach County, (Please indicate): Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services, Glades Business: A Glades business has a permanent place of business in the Glades. (Please indicate): Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services. 11, The attached copy of bidder's County Business Tax Receipt verifies bidder's permanent place of business. THIS CERTIFICATION is submitted by as. (Name of Individual) of (Title/Position) (Firm Name of Bidder) who hereby certifies that the information stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business with the bidder. (Signature) (Date) Page 331 of 541 Page 17 DRUG-FREE WORKPLACE CERTIFICATION IFB #19-069/MB IDENTICAL TIE BIDS/QUOTES - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids/quotes the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however,that any preference given pursuant to Section 287.087,shall be made in conformity with the requirements pursuant to the Palm Beach County Code,Chapter 2, Article III, Sections 2-80.21 thru 2-80.34. In the event tie bids/quotes are received from vendors who have not submitted with their bids/quotes a completed Drug-Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids/quotes. This Drug-Free Workplace Certification form must be executed and returned with the attached bid/quote,and received on or before the published bid/quote submission deadline to be considered. The failure to execute and/or return this certification shall not cause any bid/quote to be deemed non-responsive. Whenever two(2)or more bids/quotes which are equal with respect to price, quality,and service are received by Palm Beach County for the procurement of commodities or contractual services,a bid/quote received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. 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 number(1). (4) In the statement specified in number (1), notify the employees 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, Florida Statutes, 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. (5) Make a good faith effort to continue to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by Charlie Cassell, the (Individual's Name) Director, 13213 Manufacturing Sales of Morton Salt, Inc. (Title/Position with Company/Vendor) (Name of Company/Vendor) who does hereby certify that said Company/Vendor has implemented a drug-free workplace program which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1)through (6) above. 7/19/19 Signature Date Revised-11/10/16 Page 332 of 541 00 cu a. 0 to d) LLI CL Ln CD r14 CC O 0 Qj 0 00 S CL C:L uj CL LLI a C) m —0 F- _0 vLm > 0 CA(A Z z 0 0 LLI Zai LL 00 M F- Ln Z 0 ,�u -0 u 5 Co CC ui E M LL LA=1 . 0 Z z 0 LA 0 U w x 2 '0 z Qj co -?- D 0 CL 2 ca z o LU II rL 0 Z a u C) —Z D L) CL 0 0 0 ca 0 u bWM z m C to .0 z 0 C) m LLI L.0 LLJj M 0 0 -i z V)u a =0 ;E 4)CL F-LU m m LUw EL t w >. cu V) J3 0 F- ai m co Zd ul LU m OrL LU rm rL 0 0 D u 0 0 (A 00 '1 z LLI E m E ED Ll,, El Ll 0 w 0 ca 0 0 to w S r 0 V 0 �e 3: u (U , , 0- F- w Ll. T wi E 0 C)0 .0 M 40 m < LU 0 r- . m CL a F- 2 :�.. 11 Ll 11 0 Z U- CL 8 D ca ca Y 'A 0 F- LU Z LU Ln 0 z LLIco r m CL 0 uj -0 0 w 0 0 w C) z t E CL LLJ 0 LL D F- Co 0 0 z LA 00 Et. 4 0. LU > E z M r C) 0V Lp. wco D0 E v 0 pp p (A OQC 0 :3 c c j T 0 Z -1 z 'Z-; LLI di cu 0 r > E E .0 z 0 o a) 0 LLJ n 0 m LU z p a r E 0 0 Uj m Cl-I Lu 0. LU LA 0 0 Ln Z R = C) Lu LDn a LD V) J _0 m cu F- 0i F- =i < C) U < LU WF- (A(A E P Li < m m G9 z LLJ Wz N 0 0 J J 0 -0 (A Z z Page 333 of 541 Page 19 OEBO LETTER OF INTENT—SCHEDULE 2 A com Yeted Schedule 2 is a bindin document between the Prime Contractor Consultant and a Subcontractor Subconsultant for an tier and should be treated as such. The Schedule 2 shall contain bolded language indicating that si nin the Schedule 2 both parties recognize this Schedule as a binding document. All Subcontractors/Subconsultants, including any tiered Subcontractors/Subconsultants, must properly execute this document. Each properly executed Schedule 2 must be submitted with the bid/proposal. SOLICITATION/PROJECT NUMBER: SOLICITATION/PROJECT NAME Name of Prime: (Check box(es)that aP lye I SBE I?WBE MBE M/WBE :!Non-S/M/WBE Date of Palm Beach County Certification (if applicable) The undersigned affirms they are the following(select one from each column): Column 1 Column 2 Male -'Female African-American/Black Asian American "'Caucasian American:Hispanic American _Native American SJM/WBE PARTICIPATION-S M WBE Primes must document all work to be performed by their own work force on this form. Failure to submit a properly executed Schedule 2 for any S M WBE participation may result in that participation not being counted. Specify in detail,the scope of work to be performed or items supplied with the dollar amount and/or percentage for each work item. S/M/WBE credit will only be given for the areas in which the S/M/WBE is certified. A detailed proposal may be attached to a properly executed Schedule 2. Line Item Description Unit Price Quantity/ Contingencies/ _ Total Price/Percentage Item �,,� Units Allowances , M„Nm,ua The undersigned Subcontractor/Subconsultant is prepared to self-perform the above-described work in conjunction with the aforementioned project at the following total price or percentage: If the undersigned intends to subcontract any portion of this work to another Sub contra ctor/Subconsultant,please list the business name and the amount below accompanied by a separate properly executed Schedule 2. Price or Percentage: Name of 2nd/3rd tier Subcontractor/Subconsultant Print Name of Prime Print Name of Subcontractor/Subconsultant By: By:_,_ Authorized Signature Authorized Signature Print Name Print Name Title Title Date: Date: Revised 02/28/2019 Page 334 of 541 C) cn -,Uu mu a) �T (L) :r, -i ;C5 - 0 q- 0- 41 C:) so, U) 00 uNcz 0 (1) u = .- C4 U) u m C) CL E (Mn > 0 m -C; aj (D 725 C "= 0 u E C W O 0 0 0 LL F O = m U) 0 CL u Mn C r- y n M t2 L) .��,7�' CL 4i r- L 0 0 0 U) 0 Ut m CD E E CO 0 to 7 0 0240 0 c u 0 Z3 0 = ;�] c U) U) cn a) 4- M 0 E.E 0 E- 0 i c ow a u E 4-- — 0 m 4- m " (a . U CL 40 E 'S 'a) .2 0U - U 4� Li- ui >4.0 u u ;D (m W 0 LU asCD 0 0 w M 0 t: U) LU 0 o0 0 E.2 < =3 U) 0 LLI (.5ui 0 Zs U moo u a) Z 0 0 v M 0 .2 U 0 u 0 :3 C/) CL— cc 0) _0 I.La 0 D 0 0 0 0 -0 SO- Z LL E 0 4) :3 Baa N 0 <45 U) U 0 0 0 15 ca 0 as o E z U 0) 0 E E (n u z z w = M U 0m (D CL a) — E -C cu U CO CLU 0 cn M (D LL yln -E:a N a) C: W5 Q a) 0 0 a (D U EL z ccn < Ou 0) a) Q. 1 0-C� 0 < Z .– 0 U) m oE ( >.)< 0 o E E U) M U T3 (1) < 0 :3 C. E 0 r > 46 0 ca 0 LLJ cm lc;� I m L- W UJ 0 -C 0 2F m < 0 (1) u Z z U) t E 4' u (u U 0 E (D ca 00 Z z C) 0 w LLJ w 0 a) 0 u CO U LII 0 0 Z .0 :D Orf Cl) a_ a_ CL V) U) m C/) CL ca Z Page 335 of 541 Page 21 OEBO SCHEDULE 4—SUBCONTRACTOR/SUBCONSULTANT PAYMENT CERTIFICATION A properly executed Schedule 4 shall be submitted for each Subcontractor/Subconsultant after receipt of payment from the Prime.The Prime shall submit this form with each payment application or invoice submitted to the County when the COUNTY has paid the Prime on the previous payment application for services provided by a Subcontractor/Subconsultant.All named Subcontractors/Subconsultants on this form must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime is an S/M/WBE, completion of a Schedule 4 is also required to document all portions of work performed by their work force. A completed release of lien form can be submitted in lieu of a Schedule 4. This is to certify that received a (Subcontractor/Subconsultant Name) (Monthly)or(Final) payment of $ EEfor Drawn (Month) On m m from MM DD YYYY (Prime Contractor Name) for labor and/or materials used on, _ (Project Name) (Work/Task Order/Project Number) DEPT.: PROJECT NO.: W PRIME CONTRACTOR/CONSULTANT VENDOR CODE: SUBCONTRACTOR/SUBCONSULTANT VENDOR CODE: i If the undersigned intends to distribute any portion of this payment to another Subcontractor/Subconsultant, please list the business name and the amount below accompanied by a separate properly executed Schedule 4. umm Name of 2nd/3rd tier Subcontractor/Subconsultant Price or Percentage: By: . (Signature of Subcontractor/Subconsultant) (Name&Title of Person executing on behalf of Subcontractor/Subconsultant) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this day of , By. Notary Public,State of Florida Print,Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Revised 02/28/2019 Page 336 of 541 ,State of Florida .Department of State I certify from the records of this office that MORTON SALT, INC. is a Delaware corporation authorized to transact business in the State of Florida, qualified on August 4, 2010. The document number of this corporation is F10000003525. I further certify that said corporation has paid all fees due this office through December 31, 2018, that its most recent annual report/uniform business report was filed on March 7, 2018, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under nzy hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Sixteenth day of January, 2019 f I � � Secretary of State Tracking Number: 172979031SCU To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. littps:Hservices.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Page 337 of 541 MORTON SALT, INC. Safety Data Sheet Section 1: Identification of the Substance/Mixture and of the Company/Undertaking 1.1 Product identifier Product . Common Salt without Additives Name Synonyms • All Purpose Natural Sea Salt Plain Salt Block All Purpose Purex Salt Plain Salt Brick Bunny Spool (Plain Salt) Pool Salt California Pure Coarse Sea Salt Premium Salt Pellets California Pure Fine Sea Salt Professional's Choice Pool Salt California Pure Medium Sea Salt Pure and Natural Water Softener Crystals Canning & Pickling Salt PureSun Culinary Crystals Coarse Sea Salt(F1 141 00000x) PureSun Culinary Crystals Coarse Commercial Grade, Water Softening Pellets Purex Salt Culinox 999 Chemical Grade Salt Purex Select Salt Culinox 999 Fine Salt Reagent Grade Sodium Chloride Culinox 999 Food Grade Salt; Refined Sea Salt Evaporated Granulated Salt Rock Pretzel Salt Evaporated Salt Pellets Rock Salt for Making Ice Cream Extra Coarse Sea Salt Safe-T-Salt(bagged w/o YPS) Extra Fine 50 Sea Salt Sea Salt, 50 Ib. (F1 131 00000x) Extra Fine 70 Sea Salt Sea Salt, Tote(F1 13500000x) Feed Mixing Salt Sea Salt Grinder Northern Rock, F & R Sea Salt Grinder Refill Fine Mixing Salt Select Extra Coarse Rock Salt Hi-Purity Super Soft Salt Extra Coarse Crystals Select Sea Salt H.G. Blending Salt Service Pack Salt(all) Hay& Stock Salt, F&R Ship n' Shore Rock Salt Industrial Crude Solar Salt Solar Salt Water Softening Crystals ISCO Crystals, Bulk Stock Salt ISCO Medium, Bulk USP Sodium Chloride ISCO Water Conditioning, Bulk Valu-Soft Solar Salt KD Crude Solar Salt Water Softening Salt (Undried) Coarse Water KD Industrial Salt Softening Salt (Undried) Extra Coarse White Kleer Fine Salt Crystal Brine Block (50 Ib.) Kleer Granulated Salt White Crystal Rock Salt(all) Medium Sea Salt White Crystal Solar Salt (all) Mill Run Salt White Crystal Water Softening Solar Salt(all) Natural Coarse Sea Salt White Pretzel Coarse Salt Northern Fine +20 Rock Salt CAS Number . 7647-14-5 Product • MSDS Code: 100 Code 1.2 Relevant identified uses of the substance or mixture and uses advised against Relevant . Food, Chemical and Drug Processing; Pharmaceuticals;Water Conditioning; Ice Control; Chemical Fee( identified —see product data sheets for more information use(s) SDS 0100 Common Salt without Additives.docx 1 of 10 Page 338 of 541 1.3 Details of the supplier of the safety data sheet Manufacturer . Morton Salt, Inc. 123 N. Wacker Drive Chicago, IL 60606 United States saltinfo@mortonsalt.com Telephone . 312-807-2000 (General) 1.4 Emergency telephone number Manufacturer . 312-807-2000 Section 2: Hazards Identification _.w .. __...n.n EU/EEC According to EU Directive 1272/2008(CLP)/REACH 1907/2006 [amended by 453/2010] According to EU Directive 67/548/EEC (DSD) or 1999/45/EC (DPD) 2.1 Classification of the substance or mixture CLP . Classification criteria not met DSD/DPD . Classification criteria not met 2.2 Label Elements CLP Hazard statements • No label element(s) specifically required DSD/DPD Risk phrases . No label element(s) specifically required 2.3 Other Hazards CLP .According to Regulation (EC) No. 1272/2008 (CLP)this material is not considered hazardous. DSD/DPD e This product is not considered dangerous under the European Directive 67/548/EEC ...... ., _.. ... ... Y ..... . United States (US) According to OSHA 29 CFR 1910.1200 HCS 2.1 Classification of the substance or mixture OSHA HCS 2012 • Classification criteria not met 2.2 Label elements OSHA HCS 2012 Hazard • No label element(s) specifically required statements 2.3 Other hazards OSHA HCS 2012 . This product is not considered hazardous under the U.S. OSHA 29 CFR 1910.1200 Hazard Communication Standard. SDS 0100 Common Salt without Additives.dou 2 of 10 Page 339 of 541 w. Canada According to WHMIS 2.1 Classification of the substance or mixture WHMIS • Classification criteria not met 2.2 Label elements WHMIS • No label element(s)specifically required 2.3 Other hazards WHMIS . In Canada, the product mentioned above is not considered hazardous under the Workplace Hazardous Materials Information System (WHMIS). 2.4 Other information NFPA Amold W�el91a .i�p�c9�i See Section 12 for Ecological Information. n ..w� ~ „ �.___....... [Section 3 Composition/Information on Ingredients 3.1 Substances Non-Hazardous Components Chemical Name Identifiers %(weight) LD50/LC50 Classifications According to Comments Reg ulation/Directive EU ASD/DPD: Not Classified CAS:7647-14-5 -Criteria not met May contain small quantities of Sodium ECo LD50•3000 mg/kg Criteria not met Ingestion/Oral-Rat EU CLP: Not Classified- chloride Number:231- >99% naturally occurring calcium and 598-3 OSHA HCS 2012: Not magnesium salts Classified--Criteria not met 3.2 Mixtures • Material does not meet the criteria of a mixture in accordance with Regulation (EC) No 1272/2008. See Section 11 for Toxicological Information. Section 4 - First Aid Measures SIDS 0100 Common Salt without Additives.docx 3 of 10 Page 340 of 541 4.1 Description of first aid measures Inhalation . Move victim to fresh air. Administer oxygen if breathing is difficult. Give artificial respiration if victim is not breathing. Skin a IF ON SKIN: Wash with plenty of soap and water. If skin irritation occurs: Get medical advice/attention. Eye . In case of contact with substance, immediately flush eyes with running water for at least 20 minutes. If eye irritation persists: Get medical advice/attention.. Ingestion . If large quantities are swallowed, call a physician immediately. 4.2 Most important symptoms and effects, both acute and delayed e Refer to Section 11 -Toxicological Information. 4.3 Indication of any immediate medical attention and special treatment needed Notes to .All treatments should be based on observed signs and symptoms of distress in the patient. Physician Consideration should be given to the possibility that overexposure to materials other than this product may have occurred. Section 5 - Firefighting Measures 5.1 Extinguishing media Suitable Extinguishing Media . Material is non-combustible. In case of fire use media as appropriate for surrounding fire. Unsuitable Extinguishing Media • No data available. 5.2 Special hazards arising from the substances or mixture Unusual Fire and Explosion o No unusual fire or explosion hazards known. Hazards Hazardous Combustion Products • No data available 5.3 Advice for firefighters . Structural firefighters' protective clothing will only provide limited protection. Wear positive pressure self-contained breathing apparatus (SCBA). Section 6 -Accidental Release Measures 6.1 Personal precautions, protective equipment and emergency procedures Personal Precautions • Wear suitable protective clothing, gloves, and eye/face protection. Emergency Procedures . Stop leak if you can do it without risk. Keep unauthorized personnel away. Use normal clean up procedures. 6.2 Environmental precautions . None expected to be necessary if material is used under ordinary conditions and as recommended. 6.3 Methods and material for containment and cleaning up Containment/Clean-up • Carefully shovel or sweep up spilled material and place in suitable container. Measures 6.4 Reference to other sections o Refer to Section 8- Exposure Controls/Personal Protection and Section 13- Disposal Considerations. Section 7 - Handling and Storage SDS 0100 Common ......... .- ..... . .. .. _ n Salt wthout Add tives.docx 4 of 10 Page 341 of 541 7.1 Precautions for safe handling Handling . Use good safety and industrial hygiene practices. Wash thoroughly after handling. Keep out of reach of children. 7.2 Conditions for safe storage, including any incompatibilities Storage e Avoid storage with strong acids and strong oxidizing agents. Incompatible Materials or Ignition . Strong oxidizing agents, strong acids. Sources 7.3 Specific end use(s) Refer to Section 1.2 - Relevant identified uses. Section 8 - Exposure Controls/Personal Protection 8.1 Control parameters Exposure Limits/Guidelines . No applicable exposure limits available for product or components. 8.2 Exposure controls Engineering Measures/Controls . Adequate ventilation systems as needed to control concentrations of airborne contaminants below applicable threshold limit values. Personal Protective Equipment Pictograms Respiratory . In case of insufficient ventilation, wear suitable respiratory equipment. Eye/Face e Wear safety glasses. Skin/Body . Wear appropriate gloves. General Industrial Hygiene e Do not get in eyes or on skin or clothing. Handle in accordance with good Considerations industrial hygiene and safety practice. Environmental Exposure . Follow best practice for site management and disposal of waste. Controls Section 9 - Physical and Chemical Properties 9.1 Information on Physicaland Chemical Properties Material Description Physical Form Solid Appearance/Description Colorless to white crystalline or compressed block/pellet. Color Colorless to White. Odor Odorless Particulate Type Dust Particulate Size Crystalline Variable Odor Threshold Data lacking General Properties Boiling Point 1F)13 to 1461 C(2575.4 to 2661.8 Melting Point 801 C(1473.8 F) Decomposition Temperature Data lacking pH 7 Approximately e................ SDS 0100 Common Salt without Additives.docx 5 of 10 Page 342 of 541 Specific Gravity/Relative Density 2.165 Water-1 Bulk Density Variable Water Solubility Soluble 0.36 g/cc @ 20 C(6$F) Viscosity Not relevant Explosive Properties Not relevant, Oxidizing Properties: Not relevant. Volatility Vapor Pressure lNot relevant Vapor Density Not relevant Evaporation Rate Not relevant Flammability Flash Point Not relevant JUEL Not relevant LEL Not relevant Autoignition Not relevant Flammability(solid,gas) ,Not flammable. Environmental 'Octanol/Water Partition coefficient I Not relevant 9.2 Other Information . No additional physical and chemical parameters noted. Section 10: Stability and Reactivity 10.1 Reactivity a No dangerous reaction known under conditions of normal use. 10.2 Chemical stability a Stable 10.3 Possibility of hazardous reactions . Hazardous polymerization will not occur. 10.4 Conditions to avoid . Incompatible materials. 10,5 Incompatible materials • Strong oxidizing agents, strong acids. 10,6 Hazardous decomposition products • Will react with strong acids to generate hydrogen chloride and with strong oxidizing agents to generate chlorine gas. Section 11 -Toxicological Information 11.1 Information on toxicological effects , Component Name JCAS Data Sodium chloride(>99%) 7647-14-5 Acute Toxicity: orl-rat LD50:3000 mg/kg GHS Properties Classification Acute toxicity EU/CLP-Classification criteria not met OSHA HCS 2012•Classification criteria not met Aspiration Hazard EU/CLP•Classification criteria not met OSHA HCS 2012-Classification criteria not met Carcinogenicity EU/CLP-Classification criteria not met OSHA HCS 2012•Classification criteria not met Germ Cell Mutagenicity EU/CLP•Class ification criteria not met OSHA HCS 2012-Classification criteria not met w.� .,.................. .... ............................. SDS 0100 Common Salt without Additives.docx 6 of 10 Page 343 of 541 Skin corrosion/Irritation EU/CLP•Classification criteria not met OSHA HCS 2012•Classification criteria not met Skin sensitization EU/CLP•Classification criteria not met OSHA HCS 2012•Classification criteria not met STOT-RE EU/CLP•Classification criteria not met OSHA HCS 2012-Classification criteria not met STOT-SE ;EU/CLP•Classification criteria not met OSHA HCS 20112-Classification criteria not met Toxicity for Reproduction EU/CLP•Classification criteria not met OSHA HCS 2012•Classification criteria not met Respiratory sensitization EU/CLP•Classification criteria not met OSHA HCS 2012•Classification criteria not met Serious eye damage/Irritation EU/CLP-Classification criteria not met OSHA HCS 2012•Classification criteria not met Potential Health Effects Inhalation Acute • Under normal conditions of use, no health effects are expected. Inhalation of dust may cause mild (Immediate) irritation to mucous membranes, nose and throat. Symptoms may include coughing, dryness and sore throat. Chronic . No data available. (Delayed) Skin Acute • Under normal conditions of use, no health effects are expected. (Immediate) Chronic • No data available. (Delayed) Eye Acute • Based upon practical use and experience using this product eye irritation is not expected to occur. (Immediate) Chronic • No data available. (Delayed) Ingestion Acute a Ingestion may cause the following symptoms -diarrhea. (Immediate) Chronic • No data available. (Delayed) Key to abbreviations LD = Lethal Dose Section 12 - Ecological Information 12.1 Toxicity • Material data lacking. 12.2 Persistence and degradability . Material data lacking. SDS 0100 Common Salt without Additives.docx 7 of 10 Page 344 of 541 12.3 Bioaccumulative potential . Material data lacking. 12.4 Mobility in Soil • Material data lacking. 12,5 Results of PBT and vPvB assessment . No PBT and vPvB assessment has been conducted. 12.6 Other adverse effects . No studies have been found. . _ u... ........... .. Section 13 - Disposal Considerations 13,1 Waste treatment methods Product waste . Dispose of content and/or container in accordance with local, regional, national, and/or international regulations. Packaging e Dispose of content and/or container in accordance with local, regional, national, and/or international waste regulations. ...�.. ... _ . ... ------- Section -Section 14 - Transport Information 14.1 UN 14.2 UN proper 14.3 Transport hazard 1404 Packing 14.5 Environmental number slipping nave class(es) group hazards DOT NLA Not regulated NDA NDA NDA TDG NLA Not regulated NDA NDA NDA IMO/IMDG Nt)A Not regulated NDA NDA NDA IATA/ICAO NDA Not regulated NOA NDA, NDA 14.6 Special precautions for user . None known. 14.7 Transport in bulk according to Annex II of MARPOL 73/78 and the IBC Code a Not relevant. [Section 15 - Regulatory Information 15.1 Safety, health and environmental regulations/legislation specific for the substance or mixture SARA Hazard Classifications . None State Right To Know Com ponent CAS MA INJ PA Sodium chloride 7647-14-5 INo jNo Nis Inventory ,_Component CAS Canada DSL I Canada HDSL China EU EINECS EU ELNICS Sodium chloride 7647-14-5 Yes No Yes Yes No Inventory Cont. Component ICAS Ja an ENCS Korea KECL TSCA -- _ Sodium chloride7647-14-5 Yes !Yes 1yee, w, SDS 0100 Common Salt without Additives.docx 8 of 10 Page 345 of 541 Canada Labor Canada-WHMIS-Classifications of Substances -Sodium chloride 7647-14-5 >99% Uncontrolled product according to WHMIS classification criteria Canada-WHMIS-Ingredient Disclosure List -Sodium chloride 7647-14-5 >99% Not Listed Environment Canada-CEPA-Priority Substances List -Sodium chloride 7647-14-5 >99% Not Listed Europe Other EU-CLP(1272/2008)-Annex VI-Table 3.2-Classification -Sodium chloride 7647-14-5 >99% Not Listed EU-CLP(1272/2008)-Annex VI-Table 3.2-Concentration Limits -Sodium chloride 7647-14-5 >99% Not Listed EU-CLP(1272/2008)-Annex VI-Table 3.2-Labelling -Sodium chloride 7647-14-5 >99% Not Listed EU-CLP(1272/2008)-Annex VI-Table 3.2-Notes-Substances and Preparations -Sodium chloride 7647-14-5 >99% Not Listed EU-CLP(1272/2008)-Annex VI-Table 3.2-Safety Phrases -Sodium chloride 7647-14-5 >99% Not Listed Mexico Other Mexico-Hazard Classifications -Sodium chloride 7647-14-5 >99% Not Listed Mexico-Regulated Substances -Sodium chloride 7647-14-5 >99% Not Listed United States Labor U.S.-OSHA-Process Safety Management-Highly Hazardous Chemicals -Sodium chloride 7647-14-5 >99% Not Listed U.S.-OSHA-Specifically Regulated Chemicals -Sodium chloride 7647-14-5 >99% Not Listed Environment U.S.-CAA(Clean Air Act)-1990 Hazardous Air Pollutants -Sodium chloride 7647-14-5 >99% Not Listed U.S.-CERCLA/SARA-Hazardous Substances and their Reportable Quantities -Sodium chloride 7647-14-5 >99% Not Listed U.S.-CERCLA/SARA-Radionuclides and Their Reportable Quantities -Sodium chloride 7647-14-5 >99% Not Listed U.S.-CERCLA/SARA-Section 302 Extremely Hazardous Substances EPCRA RQs -Sodium chloride 7647-14-5 >99% Not Listed U.S.-CERCLA/SARA-Section 302 Extremely Hazardous Substances TPQs -Sodium chloride 7647-14-5 >99% Not Listed U.S.-CERCLA/SARA-Section 313-Emission Reporting -Sodium chloride 7647-14-5 >99% Not Listed U.S.-CERCLA/SARA-Section 313-PBT Chemical Listing -Sodium chloride 7647-14-5 >99% Not Listed United States - California Environment SDS 0100 Common Salt without Additives.docx 9 of 10 Page 346 of 541 U.S.-California-Proposition 65-Carcinogens List Sodium chloride 7647-14-5 >99% Not Listed U.S.-California-Proposition 65-Developmental Toxicity -Sodium chloride 7647-14-5 >99% Not Listed U.S.-California-Proposition 65-Maximum Allowable Dose Levels(MADL) -Sodium chloride 7647-14-5 >99% Not Listed U.S.-California-Proposition 65-No Significant Risk Levels(NSRL) -Sodium chloride 7647-14-5 >99% Not Listed U.S.-California-Proposition 65-Reproductive Toxicity-Female -Sodium chloride 7647-14-5 >99% Not Listed U.S.-California-Proposition 65-Reproductive Toxicity-Male -Sodium chloride 7647-14-5 >99% Not Listed United States - Pennsylvania Labor U.S.-Pennsylvania-RTK(Right to Know)-Environmental Hazard List -Sodium chloride 7647-14-5 >99% Not Listed U.S.-Pennsylvania-RTK(Right to Know)-Special Hazardous Substances -Sodium chloride 7647-14-5 >99% Not Listed United States - Rhode Island Labor U.S.-Rhode Island-Hazardous Substance List -Sodium chloride 7647-14-5 >99% Not Listed 15.2 Chemical Safety Assessment a No Chemical Safety Assessment has been carried out. Section 16 - Other Information Last Revision Date . 06/October/2016 Preparation Date . 06/October/2016 Disclaimer/Statement • The responsibility to provide a safe workplace remains with the user. The user should of Liability consider the health hazards and safety information contained herein as a guide and should take those precautions required in an individual operation to instruct employees and develop work practice procedures for a safe work environment. The information contained herein is, to the best of our knowledge and belief, accurate. However, since the conditions of handling and use are beyond our control, we make no guarantee of results, and assume no liability for damages incurred by use of this material. It is the responsibility of the user to comply with all applicable federal, state, and local laws and regulations. Nothing contained herein is to be construed as a recommendation for use in violation of any patents or of applicable laws or regulations. Key to abbreviations NDA=No data available SDS 0100 Common Salt without Addi - tives.docx 10 of 10 Page 347 of 541 Q1 'r 'rOR19 Purchasing Department Form L 50 South Military Trail,SL]jte 110 September 10, 2019 West Palm Beacli,FL 33415-3199 (561)616-6800 Morton Salt, Inc. FAX:(561)616-6811 Doug Kafer, Senior Product Manager 444 West Lake Street, Suite#3000 wwvv.pbcgov.00111/PL1rcbasing Chicago, IL 60606 TERM CONTRACT #,19069 Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners Paine Beach County ("County") is entering into a Term Contract with your company for Sodium Chloride, Board of County Solar Salt Quality, Purchase and Delivery of based on: Commissioners 1XI SOLICITATION # 19-069/MB Mack Bernard, Mayor The term of this contract is 09/1112019 through Dave Kerner,Vice Mayor , 09/10/2020 and has an estimated dollar value of$1040,850. I lal R.Valeche If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire Gregg K Weiss term of the contract, including any renewals or extensions thereof. Robert S Weinrotb County User Departments will issue individual"Delivery Orders"against this contract Mary Loki Berger as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 Melissa Mcmnlay XY030306000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TINIFEIN Number on the Vendor's bid/quote/response must be exactly the same as it appears on the invoice and in the County's VSS system that can be County Administrator accessed at https://pbcvssp,co.palm-beach.fl,us/webapp/vssp/AltSelfService. Failure to VerdGnia C.Baker comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Marva Brown at mbrown pbc ov.org or (561) 616-6815. Sincerely, Kathleen M. arlett Director c: Vernetha Green, Water Utilities Department `41Eqwll Opportunity File Affirmative Action Emptaver- QD printed on sustainable q]� and recycled paper Page 348 of 541 The City of Boynton Beach Finance/Procurement Services P.O. Sox 310 Boynton Beach, Florida 334.25-0310 Telephone No: (561) 742-6310 FAX: (561) 74.2-6316 I September 12, 2019 I RE: CITY OF BOYNTON BEACH CONTRACT WITH MORTON SALT, INC. BASED ON PALM BEACH COUNTY BID No.: 19-069iMB Agreement between the City of Boynton Beach and Morton Salt, Inc.: CONTRACT TERM: One year from time of Commission approval Yes, I agree to extend Palm Beach County Contract#19-0691MB—Sodium Chloride to the City of Boynton Beach under the same Terms, Conditions, and prices for a one-year term from the time of Commission approval. No, I do not wish to extend the City of Boynton Beach the same terms, conditions, and pricing for the following reason(s) i i Morton Salt, Inc. NAME OF COMPANY ATURE L 1 sa 'W+ra wtq q �-_SA NAME OF REPRESENTATIVE TITLE (please print) q. 1 �-- I °J DATE (AREA CODE) TELEPHONE NUMBER p.uhamaI 'QAorlVA541�, COnti E-MAIL Page 349 of 541 America's Gotewav to the Gulf Stream i The City of Boynton Beach Finance/Procurement Services P.O. Box 3.10 Boynton Beach,Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561)742-6316 i September 12, 2019 1 Mike Leahy Morton Salt, Inc. 123 N. Wacker Drive, 26th Floor Chicago, IL 60606 i 1 VIA EMAIL TRANSMITTAL TO: MLeahy(c)mortonsalt.com RE: CITY OF BOYNTON BEACH CONTRACT WITH MORTON SALT, INC. BASED ON PALM BEACH COUNTY BID No.: 19-0691MB Dear Mr. Leahy, The City of Boynton Beach would like to piggyback Palm Beach County Contract#1 9-069/MB—Sodium Chloride. We are inquiring to see if you will allow the City to piggyback the subject contract and will extend the.contract's Terms, Conditions, and prices. Please indicate your response on the following page and return it to Procurement Services via email to marmereabbfl.us at your soonest convenience. If you should have any questions, please do not hesitate j to call Eric Marmer, Buyer at(561) 742-6318. I I� Sincerely, Tim W. Howard Assistant City Manager-Administration cc: Juan Guevarez, Manager, Water Quality&Treatment, Boynton Beach Utilities Taralyn Pratt, Contract Coordinator, Boynton Beach Utilities File Page 350 of 541 America's Gatewav to the Gulf Stream 8.A. PUBLIC HEARING 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-012 - SECOND READING -Approve text amendments to the Comprehensive Plan Future Land Use, Intergovernmental Coordination and Capital Improvements Elements, reflecting elimination of school concurrency and deletion of Public School Facilities Element; and PROPOSED ORDINANCE NO. 19-013 - SECOND READING -Approve text amendments to the Comprehensive Plan Transportation Element creating the framework for potential future establishment of mobility fee. City-initiated. EXPLANATION OF REQUEST: The proposed Comprehensive Plan text amendments are grouped in two sets—one pertaining to the county- wide elimination of school concurrency and one establishing a framework for the potential future implementation of a Mobility Fee. Coordinated School Planning The first set of amendments is in the "housecleaning" category— the City is replicating the actions already taken by the county and other municipalities in amending its Comprehensive Plan based on the "Interlocal Agreement Between the School District of Palm Beach County, Palm Beach County and Municipalities of Palm Beach County for Coordinated School Planning." The subject agreement, signed by the City on February 20, 2016, replaced a 2001 interlocal agreement that coordinated countywide school facility planning through school concurrency. Transportation Policies in Support of Mobility Fee Currently, Boynton Beach and other county municipalities are subject to Palm Beach County concurrency, road impact fees and proportionate fair share regulations. (The City's concurrency and proportionate fair share regulations are applicable to local roadways.) The proposed amendments add thirteen new policies for the Comprehensive Plan's Transportation Element, creating a framework for potential implementation of a mobility fee. This revenue generator could ultimately allow the City to start funding the full range of the needed multi-modal transportation improvements within its boundaries. Within the area designated for its implementation, the future Mobility Fee may replace the Palm Beach County concurrency system, the County's road impact fee and the proportionate share requirements. It may also trigger rescission of the City's concurrency and proportionate share regulations applicable to the local (City's) roadways. Following approval on First Reading for transmittal to the State on April 16th, the Department of Economic Opportunity completed the review of the subject amendments under the expedited state review process and had no comments. In response to the comments and objections received from the Palm Beach County, minor changes are proposed to the text amendments for the Transportation Element. Per these changes, no modifications are proposed to the current policies; in addition, the statement acknowledging that the repeal of the Palm Beach County transportation concurrency would require consultation with the County has been added to the new proposed Policy 2.6.3. Page 351 of 541 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No immediate impact on either programs or services. FISCAL IMPACT: No direct fiscal impact from this action; however, a mobility fee program, if implemented, would represent a significant revenue source for transportation planning efforts in the City. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description Ordinance Comp_ lan_Text Amendment (School)_® Ordinance D Amendment Exhibit A. Proposed School Manning Amendments Ordinance Comp_ lan_Text A mend ment(mobility_fee) Ordinance D Exhibit Exhibit B. Proposed Transportation Amendments D Staff Report Staff report Page 352 of 541 I ORDINANCE NO. 19 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA APPROVING AMENDMENT TO THE 5 COMPREHENSIVE PLAN INCLUDING FUTURE LAND 6 USE, INTERGOVERNMENTAL COORDINATION AND 7 CAPITAL IMPROVEMENTS ELEMENTS, REFLECTING 8 ELIMINATION OF SCHOOL CONCURRENCY AND 9 DELETION OF THE PUBLIC SCHOOL FACILITIES 10 ELEMENT; PROVIDING FOR CONFLICTS, 11 SEVERABILITY,AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach,Florida("City")has 14 adopted a Comprehensive Plan pursuant to Ordinance 89-38 in accordance with the Local 15 Government Comprehensive Planning Act; and 16 WHEREAS, the City is replicating the actions already taken by the county and other 17 municipalities in amending its Comprehensive Plan based on the "Interlocal Agreement 18 Between the School District of Palm Beach County, Palm Beach County and Municipalities 19 of Palm Beach County for Coordinated School Planning;" and 20 WHEREAS, The subject agreement, signed by the City on February 20, 2016, 21 replaced a 2001 Interlocal Agreement that coordinated countywide school facility planning 22 through school concurrency; and 23 WHEREAS, the coordination focuses on data sharing already in place, while the 24 school level-of-service and concurrency has been eliminated (it is no longer required by 25 Florida Statutes); and 26 WHEREAS, the amendments propose to transfer the coordinated school planning 27 objectives and policies from the Public School Facilities Element to Intergovernmental 28 Coordination Element, and modify applicable language in the Future Land Use and Capital 29 Improvements Elements while the Public School Facilities Element would be deleted; and 30 WHEREAS, after public hearing, the City Commission deems it to be in the best 31 interest of the inhabitants of the City to amend the text of the City's Comprehensive Plan as 32 provided herein; and 33 WHEREAS, the City Commission finds that the adoptions of these Comprehensive 34 Plan Amendments are in the best interest of the health, safety and welfare of the citizens and 35 residents of the City of Boynton Beach. C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\361701E5-E6CB-49AE-BA05- A230F2489A64\Boynton Beach.18443.1.Comp_Plan_Text_Amendment_(School)_-_Ordinance.docx 1 Page 353 of 541 I NOW THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. The foregoing Whereas clauses are true and correct and are now ratified 4 and confirmed by the City Commission. 5 Section 2. That the Comprehensive Plan reflecting elimination of school 6 concurrency and deletion of the Public School Facilities Element, is hereby amended by 7 adding the words and figures in underlined type and by deleting the words and figures in 8 struck-through type, as follows: 9 10 See Exhibit"A" attached hereto and incorporated herein 11 12 Section 3. All laws and ordinances applying to the City of Boynton Beach in 13 conflict with any provisions of this Ordinance are hereby repealed. 14 Section 4. Should any section or provision of this Ordinance or any portion 15 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 16 affect the remainder of this Ordinance. 17 Section 5. The effective date of this plan amendment shall be: The date a final 18 order is issued by the Department of Economic Opportunity finding the amendment to be in 19 compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by 20 the Administration Commission finding the amendment to be in compliance in accordance 21 with Section 163.3184, F.S. 22 23 FIRST READING this day of , 2019. 24 25 C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\361701E5-E6CB-49AE-BA05- A230F2489A64\Boynton Beach.18443.1.Comp_Plan_Text_Amendment_(School)_-_Ordinance.docx 2 Page 354 of 541 I SECOND, FINAL READING AND PASSAGE this day of 2 2019. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 YES NO 7 8 9 Mayor— Steven B. Grant 10 11 Vice Mayor—Justin Katz 12 13 Commissioner—Mack McCray 14 15 Commissioner—Christina L. Romelus 16 17 Commissioner—Ty Penserga 18 19 VOTE 20 ATTEST: 21 22 23 Judith A. Pyle, CMC 24 City Clerk 25 26 (Corporate Seal) 27 28 29 C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\361701E5-E6CB-49AE-BA05- A230F2489A64\Boynton Beach.18443.1.Comp_Plan_Text_Amendment_(School)_-_Ordinance.docx 3 Page 355 of 541 EXHIBIT A I. PROPOSED AMENDMENTS TO FUTURE LAND USE ELEMENT Objective 1.1: Policy 1.1.2 (amended) and 1.1.4 (deleted) Objective 1.16: Policy 1.16.1 (added); 1.16.3 (amended 1.16.2); 1.16.4 (amended 1.16.3); 1.16.6 (amended 1.16.5); and 1.16.8 (new) Objective 1.1 Land development and future land uses shall continue to be coordinated with the provision of the following facilities and services, concurrent with the needs of the existing and future land uses, and consistent with the adopted minimum levels of service standards contained in this Comprehensive Plan: 1. Roadways 2. Potable Water 3. Sanitary sewer 4. Solid Waste 5. Stormwater Drainage 6. Recreation and Open Space 7. Public SEhool 1pd-14 Policy 1.1.2 The City shall issue development orders or permits only if roadways An,d recreation, ani sEhoe, facilities exist, are provided for in accord with the requirements of this Comprehensive Plan, or will be available to serve new development in accord with conditions set forth in Policies 9.2.2 and 9.2.3 of the Capital Improvements Element, and are sufficient to maintain or exceed adopted levels of service. Objective 1.16 The City shall Eentinue its- ...e -proEess Of a cooperative relation hi � P ,lth the 1 ......... .................................... 1_.___����� -------- Palm ----- Pali Beach -'o� nt School District to coordinate land use tti1 Plth develoPI1siting-of public school facilities. 44 Page 356 of 541 EXHIBIT A LP p It i c y 1 161 'rhe t shell p x Soho DistrictwithP �1 :�.. information on de el pry e .......................................................... and.... edev„ 1 e� pr i l � �1� pr 1 is needed to ma unfit school �ttp��t t ���te� informatlon reollit for the Schoo tl tabu h hoo itis Il crlterl ichool lstrlct s ) t . l t p 1 an d. school. utilization. Policy 1.162.3 There sal b no �iignificant environmental conditions or sign fiEa + historical resources on a proposed site that cannot be mitigated of othe,wise shall preclude development of the site for a public educational facility. Policy 1.16.34 The proposed school sites locations shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepted plans of the South Florida Water Management District, or any applicable Stormwater Utility or Drainage District. Policy 1.16.56 The City shall encourage the location of schools proximate to urban residential areas or other app late and future land uses by: • Assisting the School District in identifying funding and/or construction opportunities (including developer participation or City )Qf Boynton Beach capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements;-and • Providing for the review for all school sites as indicated in Policy 1.16.1 above , Allowing schools as a permitted use within all urban residential land use categories.- Polic 116 8 'rhe Cit, shell coordinate and collaborate with the Palm Beach .o nt f t the ichool lst °lct o� the m)ttl t l of the p€p Wi PS t tl Page 357 of 541 EXHIBIT A II. PROPOSED AMENDMENTS TO INTERGOVERNMENTAL COORDINATION ELEMENT Objective 8.17: Policies 8.17.1 to 8.17.3 (deleted); 8.17.1 to 8.17.6 (new) Objective 8.18: Policies 8.18.1 to 8.18.8 (new); 1.16.3 (amended 1.16.2); 1.16.4 (amended 1.16.3); 1.16.6 (amended 1.16.5); and 1.16.8 (new) Objective 8.19: Policy 8.19.1 (new) Public School F061144-- r�,.wn�.� ' °din tc 1 i3ianinn Objective 8.17 The City shall Eontinue to c[)ordinate with 11-he "Palm Beach County -------------- It at tt i o ii s h i with--the PaBeac School District ° € d pate lLms aig "with develop ept of s facilities. Measurability: Number of applications for school eoneHFwn-eySCA.Q processed. Policy 8.17.1 'rhe -.1t shady abide i..)- the ""Mterlocal pt betweep the School Board of Palm Beach ii ° s Palm Bch_ ' € did IIS j � a .% 1 _ hkh Ti the, qty omm ss p op February 24, 201 co s s � with h ss. . '',' h' . aiid �.S. aiid 163.318 �.S., with h the School s is the (:_'Dent A-1c other Ion°gid overpme,11ts, shall. imII _t_1 11dij d � h-o-o-1. District of PaBeach _' t Five-Year :aa I l .. Sch dule into its Com i t aii" ik �jt JM11tovemeiits. Schedule. the Soho District � ___ �, Ap�pids� d t t �t �� t sc o c Page 358 of 541 EXHIBIT A 3. School utilization Eplicy 7 TI al x the School c ids ensive h . Plan to facilitate deve o ment of school enrollment and shall. annuallyup ti � � �� � . its al ii-- c € diva Ii i ii an the Future an Use MaiU . it IISchool District's 0111'v riu facilIII ��� sure co i nc and com i b �i iix ii „ i-s- Iemn ... ]Fh I_'I steal. v de- Sc-hoo ... iii pai d oiii II- ... he ii . outlined in the 2016 Interlocal al inaton I II I I ' xIIIII illI but not limited to: 1. Certificates of Oce°u pajj� . I uedl if or new residential units. Ado II i an use �amendments and I x j „ ..... .... ..... I , including, a i nI I (Ile v I IL!inkn�i II I c io _i 7.1 ent......�IIId j i 2 i i � for the Lom -ear. IL c ' The I I aII p tly €i iim comment oil c iii iii l ,........I Ix12ment iia. on the II o facilities �I� ....... I SII I' the school district identi' fin v oo �!� 7ii The conditions i di Ianh i resolutions to mitiftatedvete"'i q'1 the School District as the I-'I . � s ��_p-pSqrKhkttt with local governments and the School District n em 'j,- ci'ene ii issues 'which i ----------------- consideration c ii „ i cIdaIi n of 2. g_ _ jj,2jjA:...awareness of evacuation zones shelter location.s and evacuation routes; II .jA: schools his I Ilard alati n ............................................. IwIlif' emerf — nI . i 8.18-----------rhe-- all establish a Process-- ---coordination----an collaboration with the School District in th".., lanning and sitiniz !Lf pjjj,2jjA:_!_�chool facilities. Page 359 of 541 EXHIBIT A IS I (-. ---8. ______________� __rhe -ill'__ a- __coordi a __ai d__ I j _for. � i d review of LievelopElf I L__ � the School District � � Lie, xInviescl ------------- facilities with surroundinif, land u-se-s and the y°oma � ... with schools. ... notice ... School District itsintent An da determination �c� � � �� the future a district and the, �� nx e Pan. The C.1t.." comments maa-� d -es-s--the..--a- a� abili ...... . Rt �s�sa ��� � --pl nne �� � � a an �� � �� n the school I � other a��, �s such...a s �� .� libraries and communitv-c-enters., l i i d iii the "" i a . , i .� � � the School Board of Palm Beach C.',ountv Palm Beach C.'bunt. ---------- 11. not be located on sides that involve sit""'l i � nt i � environmental � �i � i cp ourc I the impacts-on these conditions--or-resources-ca�� not 1)e appsgr ttly I ____Propgt € s �� � shell � � ��� k ..... . Pith the add or, .plilps of the South Florida Water Ma a 2nt; !!cable Stormwater Utility ye District. locations shall comply the Coastal Mana4gement Element of the C � �gjjf f n of sch2ofIg imate--to urban residential areas a s other ai ik �Ind-filture, land ease b 1. AA f � the School District in d n I ing- fundi. construcgfigonlimportu ti shynalization, access sus sad : sewer dr and other infrastructure improvemen Page 360 of 541 EXHIBIT A 2. Providi. for the review for all. school sites as indicated in iLO—ficyi-A-8-:1 A112ove'l—all-011-1 3. Considerinif, elementary intermediate and secondar sc ool uses as an allowable use in most future land use desi nafions and zon' districts. ----------------- �!j.nate with the School District for the ----------- ------------------------------------------------------------------------------------------------------------------------- collocation of imblic faci it,] such__as and --p ........... communitv centers with -schools to the extent.possil-pl as sites for -------------------- �, .jjbfic facilities and schools are chosen a de e nd__ v 12mrill ------------------------------------------------------------------------------------------------------------- -------------- Q1311: �']LIVE8.19 "I rhe f coordination and !L ---------------------------- collaboration with Palm Beach C.',ountv and t�'e""School--Dist-.rict--iii the School District and Palm Beach Coilft to finpr 14r -L methodolo !jj7±_j _p gj _ijtt ij! ----------------------------MY and enhance coordination with the plans-of-the School District and !!Ctiolls' shall. be revised annually to ensure that new residential LievelopRjent and redevelop 211 information �') the ---------------------------------- -_ ------------------------------------pl:gvided__I_)L_ pjRRkjp4hties and the Count as well as cha demo ----------------t a ------------------------------- gmphk conditions are reflected in the updated-p ------------ 4444-"-.4-74 The (-;4-C'I C-V oj�nton BeaEh Shall E6E)FA;RaW-N%44_41.-'--".e CE11661 Ily -1 in ofEle-F to- ava;1al'I 4. e r-.; We SEflool EapaE;4- J 4-11 P;S 1--;E 4- t .1y -Y Rle _E.loo. I PF.;E)F EO jSSnjRg any s;If A A -4-; te speEifiE evelopment or-der-4of new Fest-e-l-lal ffRA-S-; -2 GOOFAnlat- pjanjj4 IA, 9-11 C --l-t; ffig -.e Sehool PiSIEREt Fe F-F--an p J—' - I .- eE ons of de-velopment and Fe Aevelopment foF the Eoming yeaf, .;RfFaS4--nE4- . A ,tire Fequir-e to 5pp--4---l-001 faE;1;44es an-' amendments t 1 tothe 14reland_ffs� element, and7 CIO- tobe-F 4 eaEk -a-Aning infORRO40ff Feb-ffif-AiRg C_-FIR. y 11-F-Illy 11 _.. en al un.; S. 120 hEy 11.17. ) rr ;ty I ma; I I.e S..a int i Iffin Ole established .()Eess of E00fdination and Eojjal-o.Fa4-4oR W;4-h 4-1 e -4 A A— Q-11 Page 361 of 541 EXHIBIT A Eentefs SEH-11 L Of Page 362 of 541 EXHIBIT A III. PROPOSED AMENDMENTS TO CAPITAL IMPROVEMENTS ELEMENT Objective 9.2: Policies 9.2.3 TO 9.2.5 (deleted); 9.2.6 and 9.2.10 (amended) oFdefs, development per-mit Is Of 4evelopmentapp upon the SEhool Pish-iEt-of Palm Bead'- the ,aEent 1-11 of P-alffi BeaEk Count-Y, that e pfoposed development will-R+eet4he existing- Single family legal lots of r-eE ...e Y hall Eonsi-lef as Eommi"Red - ex.; mg 4...e pu-..;E SE-oo. of the Capital impfovement Element of 14- —Aty y Be 1. r1ompfehensive Plan. Policy 9.2.6 The availability of public facilities shall be determined and measured for the required public facility types using the following Level of Service (LOS) standards: Page 363 of 541 EXHIBIT A Ea -er-Een4-unless NT of 441.41. tifiliza"on. No sEhool shall opefate in -f -1,)()0/ "l;zal-4on. The SCS shall 1- fequifed ill a sEhool 41 the f4fsl- sl—le.-A.- count-f 4-4— semestef r-eaEhes 40110/ or-higher EapaE;4--- L XLY Policy 9.2.10 The City shall continue to coordinate capital improvement projects with plans of agencies that provide public facilities within the City as follows: The (-';4--- shall pfovide the 12Ehool P;s4--;E4- w;,-'- annual infoFffiati needed to maintain sEhool EonEurfenEy, 44-- Fequifed -2. Level of sefv.4Ee updal--- and fnainitenanEe3 r� SEhoo Otilizn+ie Page 364 of 541 EXHIBIT A IV. PUBLIC SCHOOL FACILITES ELEMENT (DELETED l ATO D D rXTOtr system -7 fi-Iffe en. a. Si-Aent gf-03JVt-h at the adopted lei f__ ___U Eetint of 1-1- , or-higher-EapaEit�- 71n®/ ++, ,,tea-11 c h , ,, ;r+,; +rhn„ nr+the fn;,,,f f that r h , ,, to he epefat4ng within 4 to the '-"a pi tal FaEiiiities Pfogfam. 11.11 as a r-esult of the . el--f ;v,na-;.-tn isma A4- +&,n+ ++. , rn+. , ,1 will e*Ee,a 11 n®/_ and Ean amen 14 A 4- e to-fefleEt4he new LOS foF that sEhool typeffl that SA. ly Page 365 of 541 EXHIBIT A .,�.; �, shows the extent 4-11of the exE ,, a .,� , .,-+„* "4—able-nl,l„a-,. t,„+4, , LY oelexEee-44— I--- Table of this element MEI wide basis, as dep El OR Map an– ox this element. the inteFloEal ngfeem nt-, land uses in the afea. e 4--affi 2. EaEh CC A shall demonstfate that! Page 366 of 541 EXHIBIT A and 3. ;r+` + �. ;++, r 'I r-'2 nV,n, n,r +„ ++, , b Page 367 of 541 EXHIBIT A does net add enough FISH 4-0 me,4 at the adepted level of sefviEe 11-F all sEhools -11 ---1- fef eaEh CC®; N et-ke of lute to Fin an,.-Amendment to a apital impfevement Element fie.- 41 EeffiplianEe as not 1--Exixib fmFSuaRttE) 1201; — below. 2. SEhool ConEwrenEy J-11 I— (-Q A m 0fe MOR is -C-4,41d the r„1,ed l„ r„+ fn„++. 44e 4„,,0.0,1 of The 4^10,„,1 Tl;r+r;r+ does e' R of sEhool IT QCQ. 1. I-NnEe suspended, for any of-uie a-eve reasons, EOREtiFrenEy shall r have l-een n i,; v a 4. if a Pfegfam LY Page 368 of 541 EXHIBIT A -.. teffnination-of the ,ibl(! anj -411 __Uv_1ze and maintain the adopted leve A p4- planning peFiod. 2. Renowtion of existing fn,,;,i r® or- Of The site plan fef bu-4-41- 4- 4- 6 ef . here afe no v Aal'i ble in one of mote Sj% year Q-41-1 ten.With the adopt We standTHF& Page 369 of 541 EXHIBIT A Capital impfevement "_17 1 4- MH6 vi A-Gi lit F q,2rq,7._„Q Planned ifi—f-r-astFuctwe and public fa-61--fi-eso .,h StIffenn-4n, _y of Pfamage PistfiEt. Page 370 of 541 EXHIBIT A apphEal-I 1-11 xLal , 10B 1 1 above•, and, 'anuse alE planning with development of publiE school facili-fi-e- -luU on januaf2y_25,_20101411 443.3-1 Q0 - .c o 449-11 , a , Page 371 of 541 EXHIBIT A to the "11-wiRt. ly 4. ronEoFrenEyc-:efv;.EeAfeast-oun-1--;-,- 7. pfegfam 2. Level of ser-v.;Ee update and mamtenanEe3 3. joint app-oval of Rhe r_. cehool enfollment pfojedbons an-, shall --11— A,j-p 4-1,;, ;nfofffiation. xLy uppeft the -I evelopment of the sAL-7 4-o Eomment men MeRtS7 Page 372 of 541 EXHIBIT A zones,issues swind. IeEat4ons, n , emer-genEy events. r population projectionsT whiEk shall he amen-4e-4 annually an-4 p-Fovided to 1.4 e S-Ehool Pistfkrtr pfove Rhis methodology and Ile Fev; A 11 ittee Page 373 of 541 I ORDINANCE NO. 19 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA APPROVING AMENDMENT TO THE 5 COMPREHENSIVE PLAN TRANSPORTATION 6 ELEMENT CREATING FRAMEWORK FOR POTENTIAL 7 FUTURE ESTABLISHMENT OF A MOBILITY FEE; 8 PROVIDING FOR CONFLICTS, SEVERABILITY, AND 9 AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach,Florida("City")has 12 adopted a Comprehensive Plan pursuant to Ordinance 89-38 in accordance with the Local 13 Government Comprehensive Planning Act; and 14 WHEREAS, the Currently, Boynton Beach and other county municipalities are 15 subject to Palm Beach County concurrency, road impact fees and proportionate fair share 16 regulations; and 17 WHEREAS, negative aspects of transportation concurrency systems, such as their 18 focus on roadways, inequitibility and promotion of sprawl have been generally recognized; 19 and 20 WHEREAS, Florida statutes encourage local governments to repeal transportation 21 concurrency and adopt an alternative mobility-based funding system that allows developers 22 to pay a fee as mitigation for their transportation impacts; and 23 WHEREAS, the proposed amendments add thirteen new policies for the 24 Comprehensive Plan's Transportation Element, creating a framework for potential 25 implementation of a mobility fee; and 26 WHEREAS, this revenue generator could ultimately allow the City to start funding 27 the full range of the needed multi-modal transportation improvements within its boundaries. 28 WHEREAS, within the area designated for its implementation, the future Mobility 29 Fee may replace the Palm Beach County concurrency system, the County's road impact fee 30 and the proportionate share requirements; and 31 WHEREAS, after public hearing, the City Commission deems it to be in the best 32 interest of the inhabitants of the City to amend the text of the City's Comprehensive Plan as 33 provided herein; and 34 WHEREAS, the City Commission finds that the adoptions of these Comprehensive CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\F3 C3 AOA2-D905-4C 14-9DAD- C27A9AF8265C\Boynton Beach.18444.1.Comp_Plan_Text_Amendment (mobility_fee)_- _Ordinance.docx 1 Page 374 of 541 I Plan Amendments are in the best interest of the health, safety and welfare of the citizens and 2 residents of the City of Boynton Beach. 3 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1. The foregoing Whereas clauses are true and correct and are now ratified 6 and confirmed by the City Commission. 7 Section 2. That the Transportation Element of the Comprehensive Plan is hereby 8 amended creating framework for potential future establishment of a mobility fee by adding 9 the words and figures in underlined type and by deleting the words and figures in struck- 10 through type, as follows: 11 12 See Exhibit"B" attached hereto and incorporated herein 13 14 Section 3. All laws and ordinances applying to the City of Boynton Beach in 15 conflict with any provisions of this Ordinance are hereby repealed. 16 Section 4. Should any section or provision of this Ordinance or any portion 17 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 18 affect the remainder of this Ordinance. 19 Section 5. The effective date of this plan amendment shall be: The date a final 20 order is issued by the Department of Economic Opportunity finding the amendment to be in 21 compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by 22 the Administration Commission finding the amendment to be in compliance in accordance 23 with Section 163.3184, F.S. 24 25 FIRST READING this day of , 2019. 26 27 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\F3 C3 AOA2-D905-4C 14-9DAD- C27A9AF8265C\Boynton Beach.18444.1.Comp_Plan_Text_Amendment (mobility_fee)_- Ordinance.docx _ 2 Page 375 of 541 I SECOND, FINAL READING AND PASSAGE this day of 2 2019. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 YES NO 7 8 9 Mayor— Steven B. Grant 10 11 Vice Mayor—Justin Katz 12 13 Commissioner—Mack McCray 14 15 Commissioner—Christina L. Romelus 16 17 Commissioner—Ty Penserga 18 19 VOTE 20 ATTEST: 21 22 23 Judith A. Pyle, CMC 24 City Clerk 25 26 (Corporate Seal) 27 28 29 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\F3 C3 AOA2-D905-4C 14-9DAD- C27A9AF8265C\Boynton Beach.18444.1.Comp_Plan_Text_Amendment (mobility_fee)_- _Ordinance.docx 3 Page 376 of 541 EXHIBIT B Objective 2.6 The City shall provide for private sector responsibility to implement project related transportation improvements, including bicycle, pedestrian, and public transit infrastructure,, particularly within the TCEA. Policy 2.6.1 The City shall continue to modify and enforce regulations to require a traffic impact analysis for any development project anticipated to generate 200 or more additional vehicle trips per day or 250 trips in the AM or PM peak hour. Policy 2.6.2 The City shall continue to require improvement of roadways to mitigate the impacts of development as a condition of development approval. The City shall, wherever feasible, require the construction of transportation improvements in lieu of impact fee contributions. Policy 2.6.3 The City mav seek to repel and replace Palm Beech Count transportation concurrency, proportionate fair-shire and road impact fees with a Mobilitv lee based upon a Complete Streets Mobilia. Plan. Reeal of Palm BeachCounty transportation concuff enc® proportionate fair-share and road impact fees will require consultation with Palm beach County. The Citv may also appl Mobility lee to the city-maintained facilities, repealing City transportation concurrency and proportionate fair-share applicable to local roadwas. Policy 2.6.4 The Mobility Fee may be implemented and adopted citywide or may lie adopted only for specific,areas or districts within the City. For each such specific area or district, an adopted Mobility Fee shall replace both Pal Beach Countv transportation concurrency, proportionate fair-share and road impact fees and City transportation concuiLtncy and proportionate fair-share. Policy 2.6.5 The Complete Streets Mobility Plan and Mobility Fee may be adopted by resolution of the Citv Commission. The Mobilitv lee would Ro into effect per the provisions of the Mobilitv lee ordinance. Policy 2.6.6 Should the City Commission elect to adopt a Mobility lee, the City, within one year of adoption of the i ple enting Ordinance, shall update the Transportation and Capital Improvement Ele ents of the Comprehensive Plan to reflect the repeal of transportation concurrences proportionate fair-share and road impact fees and update policies related to level and Quality of service standards, complete streets, capacity determinations, backlogged facilities, transportation and associated Page 377 of 541 multi-modal policies and other elements addressed in the Complete Streets Mobility Plan. Policy 2.6.7 The Complete Streets Mobility Plan shill include provisions that address obilit-y between destinations and should address accessibility to, from destinations, and between modes of travel. The improvements in the Plan shall be based upon the expected, anticipated or desired increase in new development, infill development and redevelop ent by the established horizon near and the associated increase in vehicular and person travel demand. The Complete Streets Mobility Plan shall include Quality and level of service standards for all modes of travel. Policy 2.6.8 The City, as part of a Complete Streets Mobility Plan, �� adopt duality andJor level of service standards for pedestrians, bicycle, transit and other multi-modal facilities included in the Plan. C ualit-v of Service standards shall be related to the overall travel experience of the user with hiRher° standards established in areas where walkin , bic cling, transit and other non-vehicular modes of travel are encouraged. Level of Service standards shall be related to the width or size of pedestrian, bicycle and non-vehicular facilities with wider and larRer° facilities in areas where non-vehicular modes of travel are encouraged and frequency of transit service with greater frequencies and spans of service in areas where transit is encoura ed. Polio 2.6.9 The Complete Streets Mobility Plan may serve as a Master Plan for roads and transit within the City, and also function as a Bicvcle, Pedestrian, Trails, Plueways, Greenways and other non-vehicular modes or travel Master Plan. Polio 2.6.10 The Complete Streets Mobility Plan mav also incorporate provisions for reduced heat island effects and improve air quality throe Rh trees and landscaping-and to reduce stor water°run-off and water qualitv through the integration of low impact development techniques, bio-swales, rain gardens and other Rreen techniques that can be incorporated into the planning, design and construction of transportation improvements. Policy 2.6.11 The Complete Streets Mobility Plan mav include policies related to land use to encourage multi-modal supportive development. The Plan mav also include provisions that allow for reduction in develop ent parking requirements in recognition of car and bicycle sharing in complete streets. , and parkiniz str°ateRies that reduce parkiniz requirements for fixed-arse,multi-modal development and affordable housing-. Policy 2.6.12 The Mobility dee would be a one-time assessment on new development or redevelopment that results in ani pact to the transportation syste Page 378 of 541 through an increase in vehicular trips or vehicular miles of travel or an increase in person trips or person miles of travel. The M2bilitF Fee, consistent with State Statute, shall be required to meet the dual rational nexus test and shall be reasonably attributable to the travel demand impact of new development,infill and redevelop ent. Polio 2.6.13 The Mobility dee mav include provisions to encourage and incentivize new development, infill and redevelopment within tarReted areas of the C item The Mobilit-v dee mav also include provisions to encourage affordable and workforce housing, fixed-arse, multi-modal supportive development, and desired land uses that increase e ploy ent and attract economic development. Polio 2.6.14 An application for private development may not be required to pav a� Mobilit-v dee and also meet transportation concurrency, proportionate- fair share and road impact fees to the extent the Mobility dee address the same facilities and travel demand impacts as would be addressed through the application of transportation concurrencv, proportionate- fair share and road impact fees for C itv and/or County or State maintained facilities. Polio 2.6.15 In consideration of a future Complete plete Streets Mobility Plan, the Citv mav review the Land Development ReR ulations to consider incentives for and accommodate the needs of compact four and two wheel vehicles (such as hybrids, smart cars, and ves pas f scooters, etc.) by assessing the parking requirements and other provisions of the code. Page 379 of 541 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-008 STAFF REPORT TO: Chairman and Members Planning and Development Board FROM: Hanna Matras Senior Planner THRU: Ed Breese Planning and Zoning Administrator DATE: March 8, 2019 PROJECT: Comprehensive Plan's Text Amendments (CPTA 19-002, School and Transportation ) REQUEST: Approve text amendments to the Comprehensive Plan, including: (1) Future Land Use, Intergovernmental Coordination and Capital Improvements Elements, reflecting elimination of school concurrency and deletion of the Public School Facilities Element; and (2) the Transportation Element, creating framework for potential future establishment of a mobility fee. City-initiated. PROCEDURE The proposed text amendments to the adopted Comprehensive Plan policies are subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. The Expedited State Review Process applies to all comprehensive plan amendments, except for small-scale map amendments and amendments that must follow State Coordinated Review Process, such as those based on the Evaluation and Appraisal Review (EAR). If the City Commission approves the proposed amendments, they will be transmitted for review to the State Land Planning Agency (currently DEO, Florida Department of Economic Opportunity), and to other state and regional level commenting agencies as required by Florida Statutes. The amendments are anticipated to be adopted in July 2019. Page 380 of 541 Page 2 File Number CPTA 19-002 School Planing and Transportation SUMMARY OF PROPOSED AMENDMENTS I. ELIMINATION OF LANGUAGE RELATED TO SCHOOL CONCURRENCY Background The amendments pertaining to elimination of school concurrency are based on the provisions of the "Interlocal Agreement Between the School District of Palm Beach County, Palm Beach County and Municipalities of Palm Beach County for Coordinated School Planning" (Coordinated Planning Agreement), dated December 15, 2016. Boynton Beach became a participant in the said agreement on February 20, 2016 (Resolution 16-034). The Coordinated Planning Agreement replaced a 2001 interlocal agreement that coordinated countywide school facility planning through school concurrency. The coordination involved sharing information on development proposals and approvals, school siting and population projections to plan for future school needs. The new Coordinated Planning Agreement focuses on data sharing already in place, while the school level-of-service and concurrency has been eliminated (it is no longer required by Florida Statutes). The agreement sets up a process through which residential projects are reviewed by the School District for determining capacity. Proposed Amendments The amendments propose to: • Transfer the coordinated school planning objectives and policies from the Public School Facilities Element to Intergovernmental Coordination Element; • Delete the Public School Facilities Element; and • Change reference language in the Future Land Use Element and Capital Improvements Element to be consistent with the new policies. The changes in strike-out and underline for each Element are provided in EXHIBIT A. Please note that the subject amendments align with the Palm Beach County Comprehensive Plan text amendments (State Land Planning Agency 17-1 ESR) adopted on April 26, 2016. II. PROPOSED LANGUAGE IN SUPPORT OF A MOBILITY FEE Background Concurrency for public facilities was brought about by the 1985 Growth Management Act. It requires that public facilities and services needed by new development be available concurrent with impacts of new development. For transportation, it means that adopted level of service for roadways be maintained. Page 381 of 541 Page 3 File Number CPTA 19-002 School Planing and Transportation Over the last decade, as the unintended consequences of the transportation concurrency—including promotion of urban sprawl—become increasingly obvious, the concurrency-related statutory requirements were gradually modified, moving from regulating capacity towards the emphasis on planning for mobility: • In 2009, the Florida Legislature eliminated the requirement for transportation concurrency in most urban areas, and directed that a study of transportation mobility fees be performed; • In 2011, the state requirement for transportation concurrency for the remaining areas was also removed, but the statutes allowed local governments to continue transportation concurrency if they so desired; • In 2013, the Florida Legislature changed the law to encourage local governments to repeal transportation concurrency and adopt an alternative mobility-based funding system that allows developers to pay a fee as mitigation for their transportation impacts. A number of Florida counties and municipalities transitioned or are considering transitioning from the traditional transportation concurrency, roadway impact fees and proportionate share requirements to a mobility fee, a one-time mitigation payment on all new development for its impact on the transportation system. Fee calculation methodologies may differ; however, a mobility fee-based funding system must comply with the same "dual rational nexus test" applicable to impact fees—i.e. (1) there must be a reasonable connection between the improvements to be funded and the impact of development; and (2) New development that pays the fees must receive a benefit from the payment. The system's "rational nexus" can be based on the objectives/premises embedded in a variety of local government's planning documents, such as a mobility plan, a comprehensive plan, or redevelopment plans that identify programs or projects tied to projected future conditions. Per the statutory requirements, the mobility fee revenue must be expended to implement the needs determined by the plan(s) that serves as the basis for the imposition of the fee. The mobility fee is thus tied to the local planning objectives. Local governments are allowed considerable flexibility in the use of collected fees—they can be invested in full range of multi-modal mobility improvements, including transit, bike lanes, sidewalks, trails, as well as roadways. The mobility fee is also fair to developers, who would only pay for impacts created by their project. The concurrency system bases its fees on the impact of development on roads: no fees are charged until the roadway is deemed over capacity, so the last developer is forced to pay for all of the improvements required to accommodate his/her development, as well as for those that accommodated all the predecessors. Proposed Amendments The proposed amendments would set up a framework for implementation of a Mobility Fee, which would ultimately allow the City to generate revenue to fund the needed Page 382 of 541 Page 4 File Number CPTA 19-002 School Planing and Transportation transportation system improvements within the City's boundaries The amendments include thirteen new policies for the Comprehensive Plan's Transportation Element (see EXHIBIT B). All would be placed under the existing Objective 2.6, which pertains to private funding of multimodal mobility improvements. The objective's TCEA language would be deleted, as well as its two existing policies. Within the area designated for its implementation, the future Mobility Fee would replace the Palm Beach County concurrency system, the County's road impact fee and the proportionate share requirements. It would also trigger rescission of the City's concurrency and proportionate share regulations applicable to the local (City's) roadways. The proposed framework is consistent with the statutory requirements of Section 163.3180, including that a Mobility Fee: • Must comply with the rational nexus test applicable to impact fees; and • Must fund the needs of the plan that serves as the basis for its imposition. The City would base the future Mobility Fee on a yet to be developed Complete Streets Mobility Plan, which will determine the type, location, and scope of the needed improvements. The Mobility fee could be implemented in specific areas or citywide. The implementation of the Mobility Fee would require further updates to the Transportation and the Capital Improvements Elements and subsequent amendments to the Land Development Regulations. RECOMMENDATION Staff recommends that the City Commission, acting in its capacity as the Local Planning Agency, approve the proposed amendments for transmittal to the State Land Planning Agency (Florida Department of Economic Opportunity) and reviewing agencies. ATTACHMENTS S:\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\CPTA 19-002 School&Transportation\P&D\Staff Report CPTA 19-002 School and Transportation.docx Page 383 of 541 8.B. PUBLIC HEARING 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-029 - SECOND READING - Approve request for abandonment of a portion of the unimproved NE 3rd Street right-of-way, north of NE 9th Avenue, in connection with: PROPOSED RESOLUTION NO. R19-100-Accepting the dedication of property from the Community Redevelopment Agency (CRA) and realignment, and extension of NE 3rd Street from NE 9th Avenue to Martin Luther King, Jr. Boulevard (ABAN 19-001). (Resolution adoption will be upon second reading of the Ordinance) Applicant: Michael Simon, CRA Executive Director. EXPLANATION OF REQUEST: The CRA has acquired property along the west side of the current NE 3rd Street right-of-way, and a parcel immediately north of the terminus of NE 3rd Street, in an effort to create an improved 50 foot wide street right- of-way connecting NE 9th Avenue to Martin Luther King, Jr. Boulevard. The abandonment, in conjunction with the dedication of land to the NE 3rd Street right-of-way, and ultimate construction of the road, will also provide an improved street frontage for the proposed future location of the Community Caring Center. On July 9, 2019, the City Commission, sitting as the CRA Board, approved an agenda item to dedicate CRA- owned property for NE 3rd Street right-of-way and make application, and accept the abandonment of a portion of the existing right-of-way. This will allow the right-of-way to be straightened and extended to Martin Luther King, Jr. Boulevard. The small sliver portion of the right-of-way to be abandoned will be added to the CRA-owned lots for the proposed development of the Community Caring Center project. The Planning & Development Board at their August 27, 2019 meeting recommended approval of the application for abandonment. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No Page 384 of 541 CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving ROW abandonment D Resolution Resolution accepting dedication of land from CRA D Staff Report Staff Report D Location Map Location Map D Drawings Abandonment Legal Sketch D Drawings Dedication Legal Sketch D Conditions of Approval Conditions of Approval D Development Order Development Order Page 385 of 541 1 ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE ABANDONMENT OF A 5 PORTION OF THE UNIMPROVED NE 3RD STREET RIGHT- 6 OF-WAY, NORTH OF NE 9TH AVENUE IN CONNECTION 7 WITH THE DEDICATION OF PROPERTY FROM THE 8 BOYNTON BEACH COMMUNITY REDEVELOPMENT 9 AGENCY (CRA)AND REALIGNMENT, AND EXTENSION OF 10 NE 3RD STREET FROM NE 9TH AVENUE TO MARTIN LUTHER 11 KING JR BOULEVARD; SUBJECT TO STAFF COMMENTS; 12 AUTHORIZING THE CITY MANAGER TO EXECUTE A 13 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 14 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH 15 COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE 16 DATE. 17 18 WHEREAS,the CRA has acquired property along the west side of the current NE 19 3rd Street right-of-way, and a parcel immediately north of the terminus of NE 3rd Street, in 20 an effort to create an improved 50 foot wide street right-of-way connecting NE 9th Avenue 21 to Martin Luther King, Jr. Boulevard; and 22 23 WHEREAS, the abandonment, in conjunction with the dedication of land to the 24 NE 3rd Street right-of-way, and ultimate construction of the road, will also provide an 25 improved street frontage for the proposed future location of the Community Caring Center; 26 and 27 28 WHEREAS, on July 9,2019,the CRA Board, approved dedication of CRA-owned 29 property for NE 3rd Street right-of-way and acceptance of the abandonment of a portion of 30 the existing right-of-way which will allow the right-of-way to be straightened and extended 31 to Martin Luther King, Jr. Boulevard; and 32 33 WHEREAS, the small sliver portion of the right-of-way to be abandoned will be 34 added to the CRA-owned lots for the proposed development of the Community Caring 35 Center project; and 36 37 WHEREAS, comments have been solicited from the appropriate City 38 Departments, and public hearings have been held before the City Commission on the 39 proposed abandonment; and 40 41 WHEREAS, staff finds that the subject abandonment, combined with the proposed 42 right-of-way dedication, and subsequent roadway construction, serves a greater public 43 purpose, and therefore recommends approval of the applicant's request. 44 45 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF 46 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 47 48 Section 1. The foregoing Whereas clauses are true and correct and CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\ADAE089B-C834-427F-A62A-BOAB5F392E57\Boynton Beach.18169.1.Abandonment_of a_portion_unimproved_ROW_(NE_3rd_ST)__Ordinance.docx Page 386 of 541 49 incorporated herein by this reference. 50 51 Section 2. The City Commission of the City of Boynton Beach, Florida, does 52 hereby abandon a portion of the unimproved NE 3rd Street right-of-way, north of NE 9t' 53 Avenue to realign and extend NE 3rd Street from NE 9t' Avenue to Martin Luther King Jr. 54 Boulevard, subject to staff comments. The property being abandoned is more particularly 55 described as follows: 56 57 A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY (ALSO 58 KNOWN AS NORTHEAST 3RD STREET), OF THE PLAT OF ARDEN 59 PARK ADDITION TO BOYNTON FLA,AS RECORDED IN PLAT BOOK 02, 60 PAGE 96, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 61 FLORIDA, MORE PARTICULARLY DESCRIBED AS: 62 63 BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT 64 OF ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN 65 N00°36'53"E A DISTANCE OF 147.57 FEET, TO THE SOUTHWEST 66 CORNER OF LOT 4 OF THE PLAT OF ROBERT WELLS' SUBDIVISION, 67 AS RECORDED IN PLAT BOOK 11, PAGE 66; THENCE RUN ALONG 68 THE SOUTH LINE OF SAID LOT 4 S90000'00"E FOR A DISTANCE OF 69 18.87 FEET TO A POINT AT THE INTERSECTION OF THE SAID SOUTH 70 LINE OF LOT 4 AND THE EAST RIGHT OF WAY LINE OF AUSTRALIAN 71 BOULEVARD (ALSO KNOWN AS NORTHEAST 3RD STREET); THENCE 72 RUN ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF 73 AUSTRALIAN BOULEVARD S07053'54"W A DISTANCE OF 148.98 FEET 74 TO THE POINT OF BEGINNING; 75 76 SAID LANDS LYING AND BEING IN PALM BEACH COUNTY,FLORIDA, 77 AND CONTAINING 0.032 ACRES, MORE OR LESS.. 78 79 Section 3. The City Manager is hereby authorized and directed to execute the 80 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 81 Records of Palm Beach County, Florida. 82 83 Section 4. This Ordinance shall take effect immediately upon passage. 84 85 FIRST READING this day of , 2019. 86 87 88 (Remainder of page intentionally left blank) 89 90 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\ADAE089B-C834-427F-A62A-BOAB5F392E57\Boynton Beach.18169.1.Abandonment_of a_portion_unimproved_ROW_(NE_3rd_ST)__Ordinance.docx Page 387 of 541 91 SECOND, FINAL READING AND PASSAGE THIS day of 92 2019. 93 94 CITY OF BOYNTON BEACH, FLORIDA 95 96 YES NO 97 98 Mayor— Steven B. Grant 99 100 Vice Mayor—Justin Katz 101 102 Commissioner—Mack McCray 103 104 Commissioner—Christina L. Romelus 105 106 Commissioner—Ty Penserga 107 108 VOTE 109 110 ATTEST: 111 112 113 114 Crystal Gibson, MMC 115 City Clerk 116 117 118 (Corporate Seal) CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\ADAE089B-C834-427F-A62A-BOAB5F392E57\Boynton Beach.18169.1.Abandonment_of a_portion_unimproved_ROW_(NE_3rd_ST)__Ordinance.docx Page 388 of 541 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach,Florida, does hereby abandon a portion of the unimproved NE 3rd Street right-of-way, north of NE 9th Avenue to realign and extend NE 3rd Street from NE 91h Avenue to Martin Luther King Jr.Boulevard, subj ect to staff comments. The property being abandoned is more particularly described as follows: APORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY(ALSO KNOWN AS NORTHEAST 3RD STREET), OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA,AS RECORDED IN PLAT BOOK 02,PAGE 96, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN N00°36'53"E A DISTANCE OF 147.57 FEET, TO THE SOUTHWEST CORNER OF LOT 4 OF THE PLAT OF ROBERT WELLS' SUBDIVISION,AS RECORDED IN PLAT BOOK 11, PAGE 66; THENCE RUN ALONG THE SOUTH LINE OF SAID LOT 4 S90°00'00"E FOR A DISTANCE OF 18.87 FEET TO A POINT AT THE INTERSECTION OF THE SAID SOUTH LINE OF LOT 4 AND THE EAST RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD (ALSO KNOWN AS NORTHEAST 3RD STREET); THENCE RUN ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD S07053'54"W A DISTANCE OF 148.98 FEET TO THE POINT OF BEGINNING; SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, AND CONTAINING 0.032 ACRES, MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2019. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority,personally appeared Lori LaVerriere, City Manager of the City of Boynton Beach,Florida,known to me to be the person described in and who executed CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\ADAE089B-C834-427F-A62A-BOAB5F392E57\Boynton Beach.18169.1.Abandonment_of a_portion_unimproved_ROW_(NE_3rd_ST)__Ordinance.docx Page 389 of 541 the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of 2019. NOTARY PUBLIC, State of Florida My Commission Expires: CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\ADAE089B-C834-427F-A62A-BOAB5F392E57\Boynton Beach.18169.1.Abandonment_of a_portion_unimproved_ROW_(NE_3rd_ST)__Ordinance.docx Page 390 of 541 I RESOLUTION NO. R19- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND ACCEPTING THE DEDICATION OF PROPERTY 4 MORE PARTICULARLY DESCRIBED HEREIN, FROM THE 5 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 6 TO REALIGN AND EXTEND NE 3" STREET FROM NE 9TH 7 AVENUE TO MARTIN LUTHER KING JR BOULEVARD; AND 8 PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, on July 9, 2019, the Boynton Beach Community Redevelopment Agency 10 (CRA) Board approved the dedication by the CRA of property for NE 3rd Street right of way; 11 and 12 WHEREAS,this dedication will allow the right-of-way to be straightened and extended 13 to Martin Luther King Jr., Blvd; and 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 15 recommendation of staff, deems it to be in the best interests of the City residents to approve and 16 accept the dedication of property more particularly described herein from the CRA for the 17 realignment and extension of NE 3rd Street from NE 91h Avenue to Martin Luther King Jr. Blvd. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. Each Whereas clause set forth above is true and correct and incorporated 21 herein by this reference. 22 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 23 approve and accept the dedication of the following described property from the Boynton Beach 24 Community Redevelopment Agency to realign and extend NE 3rd Street from NE 9th Avenue 25 to Martin Luther King Jr Boulevard: 26 LEGAL DESCRIPTION: 27 LOT 5 OF ROBERT WELLS' SUBDIVISION,AS RECORDED 1N PLAT BOOK 11, PAGE 66, 28 AND A PORTION OF LOTS 157, 158,AND 159, OF THE PLAT OF ARDEN PARK ADDITION TO 29 BOYNTON FLA,AS RECORDED 1N PLAT BOOK 02,PAGE 96, OF THE PUBLIC RECORDS 30 OF PALM BEACH COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS: 31 32 BEGIN AT THE SOUTHEAST CORNER OF LOT 157 OF THE SAID PLAT OF ARDEN PARK 33 ADDITION TO BOYNTON FLA, THENCE RUN N00°36'53"E A DISTANCE OF 147.66 FEET, 34 TO THE SOUTHWEST CORNER OF LOT 5 OF SAID ROBERT WELLS' SUBDIVISION;THENCE C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\A4990506-B9CE-4278-9471-316C8EBD8EF6\Boynton Beach.18306.1.Dedication_From CRA (ABAN_19-001)_NE 3rd St - Reso.Docx Page 391 of 541 35 RUN ALONG THE WEST LINE OF SAID LOT 5 NO 1025'00"W A DISTANCE OF 155.00 FEET, 36 TO A POINT ONTHE SOUTH RIGHT OF WAY LINE OF MARTIN LUTHER KING BOULEVARD 37 (ALSO KNOWN AS NORTHEAST 10TH STREET);THENCE RUN ALONG THE SOUTH RIGHT 38 OF WAY LINE OF SAID MARTIN LUTHER KING JR BOULEVARD N90000'00"E A 39 DISTANCE OF 50.00 FEET; THENCE RUN ALONG THE EAST LINE OF SAID LOT 5 40 SO 1025'00"E A DISTANCE OF 155.00 FEET; THENCE RUN N90000'00"W ALONG THE 41 SOUTH LINE OF SAID LOT 5 A DISTANCE OF 31.12 FEET TO A POINT AT THE 42 INTERSECTION OF THE SOUTH LINE OF SAID LOT 5 WITH THE WEST RIGHT OF WAY LINE 43 OF AUSTRALIAN BOULEVARD (ALSO KNOWN AS NORTHEAST 3RD STREET); THENCE 44 RUN S07053'34"W ALONG THE WEST RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD 45 A DISTANCE OF 149.06 FEET TO THE POINT OF BEGINNING; 46 47 SAID LANDS LYING AND BEING IN PALM BEACH COUNTY,FLORIDA, AND CONTAINING 48 0.210 ACRES, MORE OR LESS. 49 50 Section 3. That this Resolution shall become effective immediately upon passage. 51 PASSED AND ADOPTED this day of , 2019. 52 CITY OF BOYNTON BEACH, FLORIDA 53 54 YES NO 55 56 Mayor— Steven B. Grant 57 58 Vice Mayor—Justin Katz 59 60 Commissioner—Mack McCray 61 62 Commissioner—Christina L. Romelus 63 64 Commissioner—Ty Penserga 65 66 VOTE 67 ATTEST: 68 69 70 71 Crystal Gibson, MMC 72 City Clerk 73 74 75 (Corporate Seal) 76 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\A4990506-B9CE-4278-9471-316C8EBD8EF6\Boynton Beach.18306.1.Dedication_From CRA (ABAN_19-001)_NE 3rd_St - Reso.Docx Page 392 of 541 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-023 TO: Chair and Members Planning & Development Board FROM: Ed Breese Planning & Zoning Administrator DATE: August 7, 2019 SUBJECT: Request for abandonment of a portion of the unimproved NE 3,d Street right- of-way, north of NE 91h Avenue, and dedication of property from the Community Redevelopment Agency (CRA) to realign and extend NE 3,d Street from NE 91h Avenue to Martin Luther King, Jr. Boulevard (ABAN 19- 001). Applicant: Michael Simon, CRA Executive Director. NATURE OF REQUEST Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), is requesting to abandon (ABAN 19-001)a small sliver of the unimproved NE 31d Street right- of way, while simultaneously dedicating property to the City to create a fully-aligned right-of-way connecting NE 91h Avenue to Martin Luther King, Jr. Boulevard (see attached Exhibits). The following is a description of the zoning districts and land uses of the properties that surround the subject abandonment request: North: Developed commercial and residential property, and the vacant land purchased by the CRA to straighten and extend NE 3 d Street through to Martin Luther King, Jr. Boulevard, zoned R2 (Duplex); South: Right-of-way for NE 91h Avenue, then farther south warehouse structures and storage lot zoned M-1 (Industrial); East: Vacant parcels owned by the CRA, zoned C2 (Neighborhood Commercial); and: West: The remainder of the NE 3 d Street right-of-way, then the land purchased by the CRA to straighten and align NE 3 d Street, and father west vacant residential properties, zoned R-2 (Duplex). BACKGROUND The CRA has acquired property along the west side of the current NE 31d Street right-of-way, and a parcel immediately north of the terminus of NE 3 d Street, in an effort to create an improved 50 foot wide street right-of-way connecting NE 91h Avenue to Martin Luther King, Jr. Boulevard. The abandonment, in conjunction with the dedication of land to the NE 31d Street right-of-way, and Page 393 of 541 Page 2 Memorandum No. PZ 19-023 ABAN 19-001 ultimate construction of the road, will also provide an improved street frontage for the proposed home of the Community Caring Center. On July 9, 2019, the City Commission, sitting as the CRA Board, approved an agenda item to dedicate CRA owned property for NE 31d Street right-of-way and make application, and accept the abandonment of a portion of the existing right-of-way. This will allow the right-of-way to be straightened and extended to Martin Luther King, Jr. Boulevard. The small sliver portion of the right- of-way to be abandoned will be added to the CRA owned lots for the proposed development of the Community Caring Center project. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection. Public Works/Utilities No objection. Planning and Zoning No objection. PUBLIC UTILITY COMPANIES Florida Power and Light No objection. AT & T No objection. Florida Public Utilities No objection. Comcast No objection. Sprint No objection. MCI No objection. Century Link No objection. RECOMMENDATION Based on the above-analysis, staff has determined that the subject abandonment, combined with the proposed right-of-way dedication, and subsequent roadway construction, serves a greater public purpose, and therefore recommends APPROVAL of the applicant's request, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 19-001 NE 3rd St. Dedication\Staff Report.doc Page 394 of 541 r 1 l 1F �V{ t 1 r, r ti� 1- i T rt . , Page 395 of 541 SKETCH AND LEGAL DESCRIPTION A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY, OF ARDEN PARK ADDITION TO BOYNTON FLA, P.B. 02, PG. 96 LEGAL DESCRIPTION: A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY (ALSO KNOWN AS NORTHEAST 3RD STREET), OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, AS RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN N00036'53"E A DISTANCE OF 147.57 FEET, TO THE SOUTHWEST CORNER OF LOT 4 OF THE PLAT OF ROBERT WELLS' SUBDIVISION, AS RECORDED IN PLAT BOOK 11, PAGE 66; THENCE RUN ALONG THE SOUTH LINE OF SAID LOT 4 S90000'00"E FOR A DISTANCE OF 18.87 FEET TO A POINT AT THE INTERSECTION OF THE SAID SOUTH LINE OF LOT 4 AND THE EAST RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD (ALSO KNOWN AS NORTHEAST 3RD STREET); THENCE RUN ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD S0705315411W A DISTANCE OF 148.98 FEET TO THE POINT OF BEGINNING; SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, AND CONTAINING 0.032 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. BEARINGS SHOWN ARE REFERENCED TO THE SOUTH R/W LINE OF MARTIN LUTHER KING JR. BOULEVARD, HAVING AN ASSUMED BEARING OF N90°00'00"E. 2. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA SURVEYOR AND MAPPER. 3. ALL RECORDING INFORMATION CONTAINED HEREIN REFERS TO THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, UNLESS OTHERWISE INDICATED. 4. THIS IS NOT A SURVEY. NO FIELDWORK WAS PERFORMED AT THIS TIME. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH STANDARDS OF PRACTICE AS CONTAINED IN CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID INSTRUMENT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. Digitally signed by WILLIAM J WRIGHT L.S.6868 Date:2019.05.19 09:53:58-04'00' WILLIAM J. WRIGHT, PROFESSIONAL SURVEYOR AND MAPPER, L.S. 6868 WrightPSM, LLC CALE: 1"=30' DATE: 05/19/2019 PROFESSIONAL SURVEYING AND MAPPING 1248 SE 12TH AVE DEERFIELD BEACH,FL 33441 PAGE (772)538-1858 www.wrightpsm.com JOB NO. 18-02151 OF 2 CERTIFICATE OFALITHORIZATION NO.L.B.8186 rs �ooameIn ghlIIb,v,a-121 1� IF,I�,\,a-12saa«dw 1/11aos1111111 SKETCH AND LEGAL DESCRIPTION LL 0- A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY, OF ARDEN PARK ADDITION TO BOYNTON FLA, P.B. 02, PG. 96 I I I I o O M LOT 6 LOT 5 LOT 4 (P.B. 11, PG. 66) (P.B. 11, PG. 66) (P.B. 11, PG. 66) SW CORNER S 0°00'00"E LOT 4 O 50.00' 8.87_'50.00' i 1 S. LINE LOT 4 LOT 159 JAN LOT 154 co� 3 W o 1 Z Q '� � cd O � LOT 158 °� N � co wLd LOT 155 �O o Q ►� J Ln Qz � O O � � Q o z �Q Z�~ J N �Z-LOT 156 LOT 157 w�w a 50.0 '(P) ► P.O.B. S.W. CORNER LOT 156 (P.B. 02, PG. 96) t j — NE 9TH AVENUE (POSTED) SPRUCE STREET, 40' R/W (P) WrightPSM, LLC CALE: 1"=30' DATE: 05/19/2019 PROFESSIONAL SURVEYING AND MAPPING 1248 SE 12TH AVE DEERFIELD BEACH,FL 33441 PAGE (772)538-1858 www.wrightpsm.com JOB N 0. 18—0 2152 0 F 2 CERTIFICATE OFALITHORIZATION NO.L.B.8186 \LF—,v--In ghlIIbI,a-121 1� IF,I�,\,a-12saa«dw 1/11aoss1a III SKETCH AND LEGAL DESCRIPTION LOT 5 OF ROBERT WELLS' SUBDIVISION, P.B. 11, PG. 66 AND A PORTION OF LOTS 157, 158, AND 159 OF ARDEN PARK ADDITION TO BOYNTON FLA, P.B. 02, PG. 96 LEGAL DESCRIPTION: LOT 5 OF ROBERT WELLS' SUBDIVISION, AS RECORDED IN PLAT BOOK 11, PAGE 66, AND A PORTION OF LOTS 157, 158, AND 159, OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, AS RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS: BEGIN AT THE SOUTHEAST CORNER OF LOT 157 OF THE SAID PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN N00036'53"E A DISTANCE OF 147.66 FEET, TO THE SOUTHWEST CORNER OF LOT 5 OF SAID ROBERT WELLS' SUBDIVISION; THENCE RUN ALONG THE WEST LINE OF SAID LOT 5 N01 025'00"W A DISTANCE OF 155.00 FEET, TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF MARTIN LUTHER KING BOULEVARD (ALSO KNOWN AS NORTHEAST 10TH STREET); THENCE RUN ALONG THE SOUTH RIGHT OF WAY LINE OF SAID MARTIN LUTHER KING JR BOULEVARD N90000'00"E A DISTANCE OF 50.00 FEET; THENCE RUN ALONG THE EAST LINE OF SAID LOT 5 S01 02510011E A DISTANCE OF 155.00 FEET; THENCE RUN N90000'00"W ALONG THE SOUTH LINE OF SAID LOT 5 A DISTANCE OF 31.12 FEET TO A POINT AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 5 WITH THE WEST RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD (ALSO KNOWN AS NORTHEAST 3RD STREET); THENCE RUN S07053'34"W ALONG THE WEST RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD A DISTANCE OF 149.06 FEET TO THE POINT OF BEGINNING; SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, AND CONTAINING 0.210 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. BEARINGS SHOWN ARE REFERENCED TO THE SOUTH R/W LINE OF MARTIN LUTHER KING JR. BOULEVARD, HAVING AN ASSUMED BEARING OF N90°00'00"E. 2. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA SURVEYOR AND MAPPER. 3. ALL RECORDING INFORMATION CONTAINED HEREIN REFERS TO THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, UNLESS OTHERWISE INDICATED. 4. THIS IS NOT A SURVEY. NO FIELDWORK WAS PERFORMED AT THIS TIME. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH STANDARDS OF PRACTICE AS CONTAINED IN CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID INSTRUMENT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. WILLIAM J. WRIGHT, PROFESSIONAL SURVEYOR AND MAPPER, L.S. 6868 WrightPSM, LLC CALE: 1"=50' DATE: 05/19/2019 PROFESSIONAL SURVEYING AND MAPPING 1248 SE 12TH AVE DEERFIELD BEACH,FL 33441 PAGE (772)538-1858 www.wrightpsm.com JOB NO. 18-02151 OF 2 CERTIFICATE OFALITHORIZATION NO.L.B.8186 Ps@s 999 A-4 F944. rs �ooameIn ghlPIb,v,a-121 1� IF,I�,\,a-12saa«dw 1/11aosso,za„1 SKETCH AND LEGAL DESCRIPTION 0 LOT 5 OF ROBERT WELLS' SUBDIVISION, P.B. 11, PG. 66 AND A PORTION OF LOTS 157, 158, AND 159 OF ARDEN PARK ADDITION TO BOYNTON FLA, P.B. 02, PG. 96 0 0 o j ori MARTIN LUTHER KING JR. BLVD (POSTED) 0 (A.K.A. N.E. 10TH STREET) 50' R/W (PAVED) N 0 1 N _ _ 90'00'00" z50.00' o 0 0 0 U) o > S. R/W LINE PER DEED r-,) (O.R. 29172, PG. 1071) m O O (BASIS OF BEARINGS) O O CL6 ll� U) _ LOT 6 - LOT 5 - LOT 4 J (P.B. 11, PG. 66) (P.B. 11, PG. 66) (P.B. 11, PG. 66) J zi W W m O O CL O O Lo In � N N W m O O O z m � S. LINE LOT SW C RNER LOT 5 50.00' 50.00' 50.00' 131.11 Q LOT 159 LOT 154 z io o N90'00'00"W 31.12' Y 137.20' O _ z a I a AUSTRALIAN BLVD m m (N.E. 3RD ST) z LOT 158 w 3 w z LOT 155 0 o Q Qz m 0 co .10 c-, w _O Q a N M Q '- z N z 1 LOT 156 Q LOT 157 49.5 (c) 150.00' 50.0 '(P) — — — P.O.B. S.E. CORNER LOT 157 B. 92 PG. 96) NE 9TH AVENUE (POSTED) SPRUCE STREET, 40' R/W (P) WrightPSM, LLC CALE: 1"=5C DATE: 05/19/2019 PROFESSIONAL SURVEYING AND MAPPING 1248 SE 12TH AVE DEERFIELD BEACH,FL 33441 PAGE (772)538-1858 www.wrightpsm.com JOB N 0. 18-0215 2 Q F 2 CERTIFICATE OFALITHORIZATION NO.L.B.8186 rs �ooameIn ghlIIb,v,a-121 1� IF,I�,\,a-12saa«dw 1/11/2111111111 EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: CRA Abandonment 19-001 / NE 3 d Street Dedication File number: ABAN 19-001 Reference: ABAN 19-001 DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: None. COMMUNITY REDEVELOPMENT AGENCY Comments: None. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. Page 400 of 541 CRA Abandonment 19-001 /NE 3I Street Dedication Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE I REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 19-001 NE 3rd St. Dedication\COA post P&D.doc Page 401 of 541 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: CRA Abandonment 19-001 / NE 3d Street Dedication APPLICANT: Michael Simon, Executive Director Boynton Beach CRA APPLICANT'S ADDRESS: 710 N. Federal Highway, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 1, 2019 APPROVAL SOUGHT: Request for abandonment of a portion of the unimproved NE 3rd Street right- of-way, north of NE 9th Avenue, and dedication of property from the Community Redevelopment Agency (CRA) to realign and extend NE 3rd Street from NE 9th Avenue to Martin Luther King, Jr. Boulevard (ABAN 19- 001). LOCATION OF PROPERTY: Portion of NE 3rd Street north of NE 9th Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 19-001 NE 3rd St. Dedication\DO.doc Page 402 of 541 8.C. PUBLIC HEARING 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO.19-034- SECOND READING -Approving efficiency improvements to the Site Plan Review Process (CDRV 19-007) through amendments to the LAND DEVELOPMENT REGULATIONS Chapter 2. Land Development Process, Article 11. Planning and Zoning Division Services, Section 2. F. Site Plan, I ncluding Time Extension and Modifications that begin implementing staff recommendations from the internal review of the City's development review process. Applicant: City-initiated. EXPLANATION OF REQUEST: In part to address customer service issues, staff commenced a comprehensive review of the City's development review process with the objective of improving efficiency, customer service and the image of the Department's operation. This effort began in May, 2019 and recommendations for improvement will be presented in phases as the evaluation project progresses. The first round of changes are designed to make the site plan process more streamlined and efficient by allowing staff to grant administrative approval for more types of applications. The changes include: • General:revisions to categories of applications to be exempted from site plan review. • For new site plans: • Proposed criteria for identifying"major" site plan applications; • Revisions to the "Expiration" criteria to be applied to major site plans; and • Proposed new section for the"minor"site plan process. • For modifications to site plans: revisions to the thresholds for determining "major" site plan applications. The magnitude of reduction in review time varies by project type and size; however, processing time could be reduced by up to 3 months by reviewing an application administratively instead of through the full site plan review process. Projects that also require for example, the conditional use or variance processes (which require public hearings), would not be eligible for"minor" (e.g. administrative)processing. The Planning & Development Board, at their August 27, 2019 meeting, recommended approval of the proposed code amendments, with the suggestion that staff consider the topic of public awareness of administrative reviews. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on either programs or services FISCAL IMPACT: No fiscal impact ALTERNATIVES: None recommended Page 403 of 541 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending Site Plan Review process D Staff Report Staff report D Amendment EXHIBITA. LDRAmendments Page 404 of 541 I ORDINANCE NO. 19- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 2 "LAND DEVELOPMENT PROCESS", ARTICLE II. 7 "PLANNING AND ZONING DIVISION SERVICES", SECTION 2. F. 8 "SITE PLAN, INCLUDING TIME EXTENSION AND 9 MODIFICATIONS" THAT BEGIN IMPLEMENTING STAFF 10 RECOMMENDATIONS FROM THE INTERNAL REVIEW OF THE I i CITY'S DEVELOPMENT REVIEW PROCESS; PROVIDING FOR 12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS,the staff commenced a comprehensive review of the City's development 17 review process with the objective of improving efficiency, customer service and the image of 18 the Department's operation. This effort began in May, 2019 and recommendations for 19 improvement will be presented in phases as the evaluation project progresses; and 20 WHEREAS, the first round of changes are designed to make the site plan process 21 more streamlined and efficient by allowing staff to grant administrative approval for more 22 types of applications; and 23 WHEREAS, the magnitude of reduction in review time varies by project type and 24 size; however, processing time could be reduced by up to 3 months by reviewing an 25 application administratively instead of through the full site plan review process. 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing whereas clauses are true and correct and are now ratified 29 and confirmed by the City Commission. 30 Section 2. City of Boynton Beach Land Development Regulations, Chapter 2, 31 "Land Development Process", Article 11 "Planning and Zoning Division Services", Sec. 2F 32 "Site Plan, Including Time Extension and Modifications" is hereby amended as follows: S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -1- Page 405 of 541 33 Sec. 2. Standard Applications 34 F. Site Plan, Including Time Extension and Modifications. 35 1. General. 36 _ a. Purpose and Intent. The purpose of this subsection is to set forth uniform procedures,well- 37 defined application processes, and information to guide the review of site plan submittals. The 38 applicant shall schedule a pre-application conference with staff and bring the proposed site plans 39 40 that Ettialify 41 Tl f nils .,,,8\ and Meets tL t t f'rL :t, r 1,,,:1 1:lag :t: t:., 42 - b. Applicability. New site plans are either"minor" or"major"based on criteria within this 43 section. The following applications shall be considered "major": 44 45 46 , 47 48 ; 49 Fefflodelifig, .,4eF tiO Mod"f t: 50 51 52 A.�e1 V See 53 (1) Site plans containing more than ten(10)new multifamily dwelling units7 54 (2) Site plans for new non-residential structures over 15,000 square feet; 55 (3) Site plans requiring an application for Conditional Use, 56 (4) Site plans requiring a relief application; and 57 Site plans for city-owned or operated facilities that causes a significant impact to 58 abutting and adjacent properties, as determined by the Planning &Zoning 59 Administrator. 60 c. Exemptions. The following work shall not be required to undergo site plan review as 61 required by this chapter: 62 (1) The construction of a single-family home or a duplex; 63 , 64 ; 65 , 'fistalla-'Off Of fife alafffiS; Of 67 16, VO idfitff life Safety 68 of DeVelopffleat OF DjFeetoF Of 121a--,'- A 7-_ 69 (2) Internal modifications to a structure including plumbing, electrical, and mechanical with 70 no effect to the exterior of the structure, S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -2- Page 406 of 541 71 (3) Any modification of an existing structure that does not increase the total size of the 72 structure and does not change the building footprint; 73 (4) Addition of awnings, canopies, or ornamental structures, 74 (5)Pools,including redesign and relocation, 75 (6) Other minor structural additions or alterations, includingstairs,airs,porches, terraces, 76 fencing, etc., 77 (7) Garages and accessory structures in residential districts, 78 (8)New structures and additions to existing structures of fewer than 1,000 gross square feet 79 in non-residential zoning districts, 80 (9) Any modification of, or addition to an existing site necessar} to implement a Corrective 81 Action Plan and/or the City's Chronic Nuisance Property Code (See Part IL Code of 82 Ordinances, Chapter 15). 83 — 84 d,............. Site Plan Review. No"W.-s tan-ing eonip4anee with the eo*e--HFFe*ey Fetn"'a-s 85 , the DiFeetoF of Planning and Zoning OF A------- the 86 FeEtaiFemeaft f r site plan Feviewsed apon all of ft e fallowing faetsrT 8711� IrI he , 88 89 , a4efa-i on, of fed eve lopffient does-o'Fee effie-rteii,e�e-ve4iele 90 aeeess to the knidni-_ 91 92 nrr n4, 04 r.,pi ing 93 i ' 94 FeN4ew in 4-_ 95 96 , 98 2. Major Site Plan 99 a-2. Submittal Requirements. See Section I.D. above for the submittal requirements of this 100 application. 101 b-3. Review Criteria. The site plan shall comply with the following: 1)requirements of the 102 respective zoning district regulations of Chapter 3 Article III and;2) Ssite Ddevelopment Sstandards 103 described in Chapter 4, Article XIL; 104 gFeen e eklist. See Section 2.D.6.c. above for additional regulations regarding the requirement that 105 the site plan be consistent with the master plan when rezoning lands to a planned zoning district. 106 c.4. Approval Process. An application for site plan approval requires review by the City 107 Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. 1108 d4. Expiration. S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -3- Page 407 of 541 1 109 Ll)#-. General. Upon approval of a site plan by the City Commission,the applicant shall have 110 eighteen(18) months to secure a building permit from the Development Department. 111 112 .11 aeeef4afiee with 113 'Table .2 2. 114 �1-) Table 22, XT,,...i.,,,, -r Dwelling Units m;...., .,..;n,A 40,000 c n n n00--f- 115 116 117 118 119 , 120 ,,.-d,,., e with Seetieff 121 Q-e- Null and Void. All previous approvals shall be null and void if the applicant is unable to 122 secure a building permit within the above timeframes. For the purposes of this section,minor 123 permits issued by the Departments of Development or Public Works (e.g. clearing and grubbing; 124 walls and fences; docks, land development;utilities; etc.) shall not constitute the type of permit 125 necessary to extend the life of a development order for site plan review purposes. 126 e.6- Time Extension. 127 L1,)a- General. An applicant may request to extend the approval of a site plan for an additional 128 time period,not to exceed eighteen(18) months,provided that such request for extension is filed 129 prior to the date of the expiration of the original eighteen (18)-month period. For the purposes of the 130 subsection, a"site plan" shall be construed to include either a new site plan or a major site plan 131 modification. There is no limit to the number of extensions that may be requested. 1 132 Qb-. Submittal Requirements. See Section I.D. above for the submittal requirements of this 133 application. 1 134 Review Criteria. The site plan time extension shall comply with the requirements of the 135 respective zoning district regulations of Chapter 3, Article III and site development standards 136 described in Chapter 4. In addition, the following information shall be used to justify an application 137 for site plan time extension: 1138 A.�} Are there any recently adopted amendments to the Comprehensive Plan, 139 redevelopment plans, or Land Development Regulations that would cause the approved site 140 plan in its current configuration to become noncompliant? 1 141 B.(-} In determining good faith, some factors to be considered are the following: 1) the 142 extent to which a land development permit(if applicable)has been applied for by the 143 applicant and/or approved by the Engineering Division; 2)when construction approved by 144 such land development permit has occurred(construction which is commenced immediately 145 preceding expiration generally indicating a lack of good faith); 3) the extent to which there 146 has been a bona fide continuous effort to develop but because of circumstances beyond the S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -4- Page 408 of 541 147 control of the applicant,it was not possible to meet the time limitation; and 4) the applicant 148 has applied for or secured any building permits, or other types of permits from external 149 agencies,including anticipated dates for the issuance of the aforementioned permits? 150 C.04 Has the applicant paid any impact fees,including utilities or art in public places? 151 D.(4) Does the site plan comply with the concurrency requirements and of Palm Beach 152 County and the city's Land Development Regulations? 1 153 E.(-54 Other pertinent information can the applicant provide that would justify the request 154 for site plan time extension? 155 L4, . Approval Process. An application for site plan time extension requires review by the 156 City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. 1 157 Expiration. Upon approval of site plan time extension by the City Commission, the 158 applicant shall have the time approved by the City Commission to secure a building permit from the 159 Development Department. All previous approvals shall become null and void if the applicant is 160 unable to secure a building permit within the above timeframe. 161 t�)� Extension. The applicant may file a subsequent request for site plan time extension 162 beyond that of the original extension; however, each subsequent request for site plan time extension 163 shall be valid for a time period not to exceed one (1)year. Each subsequent request for site plan time 164 extension shall be filed prior to the expiration date of the preceding site plan time extension period. 165 LDg- Miscellaneous. The original conditions of approval of the site plan are still applicable 166 and must be addressed,unless otherwise approved by the City Commission. In granting such 167 extensions the City Commission may require modification to or impose additional conditions of 168 approval to the site plan. 169 170 3. Minor Site Plan 171 a. Submittal Requirements. See Section I.D. above for the submittal requirements of this 172 application. 173 b. Review Criteria. The site plan shall comply with the following)requirements of the 174 respective zoning district regulations of Chapter 3, Article III and 2) Site Development Standards 175 described in Chapter 4, Article XII. See Section 2.D.6.c. for additional regulations regarding the 176 requirement that the site plan be consistent with the master plan when rezoning lands to a planned 177 zoning district. 178 c. Approval Process. The application shall be reviewed by staff and action will be taken by the 179 appropriate administrative official. 180 d. . Expiration. 181 (1) General. Applicant shall have eighteen(18) months to secure abuilding permit from the 182 Development Department. 183 (2)Null and Void. All previous approvals shall be null and void if the applicant is unable to 184 secure a building permit within the above timeframes. For the purposes of this section,minor 185 permits issued by the Departments of Development or Public Works (e.g. clearing and 186 grubbing, walls and fences, docks, land development,utilities, etc.) shall not constitute the S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -5- Page 409 of 541 187 tune of permit necessary to extend the life of a development order for site plan review 188 purposes. 189 e. Time Extension 190 (1) General. An applicant may request to extend the approval of a site plan for an additional 191 time period,not to exceed eighteen(18) months,provided that such request for extension is filed 192 prior to the date of the expiration of the original eighteen(18)-month period. For the purposes of the 193 subsection, a"site plan" shall be construed to mean a minor site plan. There is no limit to the 194 number of extensions that ma.. b�quested. 195 (2) Submittal Requirements. See Section I.D. above for the submittal requirements of this 196 application. 197 (3) Review Criteria. The site plan time extension shall comply with the requirements of the 198 respective zoning district regulations of Chapter 3, Article III and site development standards 199 described in Chapter 4. In addition, the following information shall be used to justify an application 200 for site plan time extension: 201 A. Are there any recently pted amendments to the Comprehensive Plan,redevelopment 202 plans, or Land Development Regulations that would cause the approved site plan in its 203 current configuration to become noncompliant? 204 B. In determining good faith, some factors to be considered are the following: 1)the 205 extent to which a land development permit(if applicable)has been applied for by the 206 applicant and/or approved by the Engineering Division, 2)when construction approved by 207 such land development permit has occurred(construction which is commenced immediately 208 preceding expirationeg nerally indicating a lack of good faith), 3) the extent to which there 209 has been a bona fide continuous effort to develop but because of circumstances beyond the 210 control of the applicant,it was not possible to meet the time limitation, and 4) the applicant 211 has applied for or secured any building permits, or other types of permits from external 212 agencies,including anticipated dates for the issuance of the aforementioned permits? 213 C. Has the applicant paid any pact fees,including utilities or art in public places? 214 D. Does the site plan comply with the concurrency requirements and of Palm Beach 215 County and the city's Land Development Regulations? 216 E. Other pertinent information can the applicant provide that would justi . the request for 217 site plan time extension? 218 (4) Approval Process. An application for site plan time extension requires review by the 219 Planning &Zoning Administrator. 220 (5) Expiration. Upon approval of site plan time extension the applicant shall have the time 221 approved by the Planning&Zoning Administrator to secure a buildings permit from the Development 222 Department. All previous approvals shall become null and void if the applicant is unable to secure a 223 buildingpermit within the above timeframe. 224 (6) Extension. The applicant may file a subsequent request for site plan time extension beyond 225 that of the original extension,however, each subsequent request for site plan time extension shall be 226 valid for a time period not to exceed one (1)year. Each subsequent request for site plan time 227 extension shall be filed prior to the expiration date of the preceding site plan time extension period. 228 (7) Miscellaneous. The original conditions of approval of the site plan are still applicable and 229 must be addressed,unless otherwise approved by the Planning &Zoning Administrator. Inrg anting S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -6- Page 410 of 541 230 such extensions staff may require modifications to or impose additional conditions of approval to the 231 site plan. 232 4-7. Modification to Site Plan. 233 - a. General. An applicant may request to modify an approved site plan. Changes to site plans 234 are either"minor" or"major"based on criteria within this section. The applicant shall schedule a 235 pre-application conference with staff and king the 3FE)13o8es4e plan and any ,+'l^r^rreeted Plan OF 236 to facilitate a preliminary review of the Site Plan. Site Plan Modifications 237 shall be 238 .,,odd",^.,4;^„ is considered"major" if any of the following apply: 239 (1) The modification increases the buildable square footage of the development by more 240 than 15,000 square feet or twenty -percent(204%),whichever isrg eater; the threshold 241 increases to twenty-fives percent(254-0%)if the project is certified by a third-partyrgreen 242 certification process. eansideFed ^ sastainable d lopmat and Meets the :ri4 at of the eit 's 243 gFeen i,aildin a.:4ia4iy 244 245 of t3aFkiT-T&- 246 247 (24) The modification causes the development to be below the development standard for 248 the zoning district in which it is located or any other applicable standard in the Land 249 Development Regulations. 1 250 (34) The modification has an adverse effect on adjacent or nearby property or reduces 251 required physical buffers, such as fences, trees, or hedges. 1252 (4-5) The modification adversely affects the elevation design of the structure or reduces the 253 overall design of the structure below the standards stated in the community design plan. 1 254 (56) The modified development does not meets the concurrency requirements of the 255 Boynton Beach Comprehensive Plan. 256 ( :;) The modification alters the project so that the modified site plan does not reasonably 257 resemble the approved site plan. 1258 (7-9) The modification affects or does not comply with a condition of approval of the 259 development order. 260 (8Jg) The modification s r ^r^�to a city-owned or operated facility causes a 261 significant impact to abutting and adjacent properties_ 262 S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -7- Page 411 of 541 263 b. Major Modification. 264 (1) Submittal Requirements. See Section I.D. above for the submittal requirements of this 265 application. 266 (2) Review Criteria. The proposed major site plan modification shall comply with the 267 requirements of the respective zoning district regulations of Chapter 3, Article III and site 268 development standards described in Chapter 4. 269 (3) Approval Process. An application for major site plan modification requires review by 270 the City Commission and shall be processed in accordance with Chapter 2, Article I. Section 3. 271 (4) Expiration. Upon approval of a major site plan modification by the City Commission, 272 the applicant shall have eighteen(18) months to secure a building permit from the Development 273 Department. All previous approvals shall be null and void if applicant is unable to secure a building 274 permit within the above timeframe. 275 For the purposes of this section, minor permits issued by the Departments of Development or 276 Public Works (e.g. clearing and grubbing; walls and fences; docks, land development;utilities; etc.) 277 shall not constitute the type of permit necessary to extend the life of a development order for a major 278 site plan modification. 279 (5) Extension. An applicant may request to extend the approval of a major site plan 280 modification for a time period not to exceed eighteen(18) months,provided that such request for 281 extension is filed prior to the date of the expiration of the original eighteen(18)-month period. The 282 request shall be processed in accordance with Section 2.F.6. above. 283 (6) Miscellaneous. At the time the City Commission approves a request for a major site 284 plan modification, any previously approved site plan,including any conditions for approval, shall be 285 null and void. All future development shall be consistent with the master site plan, as modified and 286 approved by the City Commission, including all corresponding conditions of approval. 287 c. Minor Modification. 288 (1) Submittal Requirements. The applicant shall submit a letter explaining the 289 modification(s) along with the affected plans and exhibits (in the number of copies specified by the 290 Division). The applicant shall also provide consent from the property owner to file an application for 291 the minor site plan modification. 292 (2) Review Criteria. The proposed minor site plan modification shall comply with the 293 requirements of the respective zoning district regulations of Chapter 3, Article III and site 294 development standards described in Chapter 4. 295 (3) Approval Process. The application shall be reviewed by staff and action will be taken by 296 the appropriate administrative official. Upon approval of a minor site plan modification, all future 297 development shall be consistent with the site plan, as modified,including all previously approved 298 conditions of approval associated with the site plan. 299 300 301 302 Section 3. Each and every other provision of the Land Development Regulations 303 not herein specifically amended, shall remain in full force and effect as originally adopted. S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -8- Page 412 of 541 304 Section 4. All laws and ordinances applying to the City of Boynton Beach in 305 conflict with any provisions of this ordinance are hereby repealed. 306 Section 5. Should any section or provision of this Ordinance or any portion 307 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 308 affect the remainder of this Ordinance. 309 Section 6. Authority is hereby given to codify this Ordinance. 310 Section 7. This Ordinance shall become effective immediately. 311 FIRST READING this day of , 2019. 312 SECOND, FINAL READING AND PASSAGE this day of , 2019. 313 CITY OF BOYNTON BEACH, FLORIDA 314 315 YES NO 316 317 Mayor— Steven B. Grant 318 319 Vice Mayor—Justin Katz 320 321 Commissioner—Mack McCray 322 323 Commissioner—Christina L. Romelus 324 325 Commissioner—Ty Penserga 326 327 VOTE 328 329 ATTEST: 330 331 332 333 334 Crystal Gibson, MMC 335 City Clerk 336 337 338 339 (Corporate Seal) S:ACA\Ordinances\LDR Changes\Site Plan Review Development Review Process(Ch 2 Art 11)-Ordinance.Docx -9- Page 413 of 541 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 19-026 TO: Chair and Members Planning& Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator DATE: August 20, 2019 RE: Approve proposed code language implementing revisions to the site plan process (CDRV 19-007) - Amending the LAND DEVELOPMENT REGULATIONS Chapter 2. Land Development Process, Article II. Planning and Zoning Division Services, Section 2. F. Site Plan, Including Time Extension and Modifications. Applicant: City-initiated. EXPLANATION The proposed changes are designed to make the site plan process more streamlined and effcient by allowing staff to grant administative approval for more types of applications. The changes include: • General: revisions to categories of applications to be exempted from site plan review • For new site plans: o Proposed criteria for"major" site plan applications; o Revisions of the "Expiration" criteria to be applied to major site plans; and o Proposed new section for the"minor" site plan process. • For modifications to site plans: revision of the thresholds for a modification to be classified as "major." CONCLUSION/RECOMMENDATION Staff proposes these code amendments as a continuation of the LDRs' assessment aimed to improve and modernize the development review processe in support of quality redevelopment and economic growth in the City. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODEREVIEW\CDRV 19-007 Site Plan Process\CDRV 19-007 Site Plan Process Staff Report.docx Page 414 of 541 CHAPTER 2. LAND DEVELOPMENT PROCESS ARTICLE 11. PLANNING AND ZONING DIVISION SERVICES Sec. 2. Standard Applications F. Site Plan, Including Time Extension and Modifications. 1. General. a. Purpose and Intent. The purpose of this subsection is to set forth uniform procedures,well-defined application processes, and information to guide the review of site plan submittals. Th ) 'can sha sch ap I I �,C �IIJJ-------------t-------------1.1-------------c-dud-c aJ?1�---_-pJicatf'on .................... conference Nvith staffand bring e--thc) �s� sit.e P , 4 is als- A -------- pj_4,?�!- _.......... and expedited FeVieW Pr-E)eeSSeS fOr-f,hE)Se deVelOpfflellf'S f _rY Iflable development'as defined by Ell ft"Eta a!'.F' as a sa stal, I- TT, n 'fians' and meefs f f efia., I I dle ,fiflefill of he ef,"s gFeen baildiaix,�6ives. b. Applicability. NeNy sitssits I tns are either"minor" or"ma car" based on criteria Nyrthin this section. The followinQ� ------------------------------------------------------------------------------------------------------------- ?p �Id lig per-ftiits shall be .JJcat'ons shall be considered 'rri'or": NT_ ............!------------------------------------------------------ m,, 41------ 1—A- - aftef the t3lcffi has beeft aptff-E),C6 �y -, 1141y. T41e f6116-1-5 11-11 —1--d t6ldfider-gE) Site t3lffft fe'HeW as Fefttt4ed, by t I A 11 �11 HeW f- —A 1-Falld flaar-area, 'he ase Of a StFde-Iffe,0�ge the Oeeiipafley Of a b'diddifig-.1 dens sf—f--, fl-f --f-fl-RE)fle hdadreA I I 11Q� Sftffafe feet as—F.-Ovided fe li the Stipplem—_1 T)_-1 A.-Jele V, See+leff--i- (1_) Si'Cci)-l-a-n--s---c-o-n--t-a_.i..n....1.._ --m----o--r--c--than----t-en---(--1-(i---)---n-e-w-----m- u-l--ff-,�--a---m- i'J. vchvelling_ i,.n..i..t..s., Lz_) Siti)-l-a-n--s---f-o--r--n--e--- n--o-nr--e---s--i--d----e----n---t-a-1--strl------c- tu-r--e----s- ov-----r---1--5I,0-0-)_0 s u-a-r-c feet, (3 Site 1.1 nS_rcqL�j c, n )r Conditional Use, .Jicat'on fc ...... ...........!------------------------------------- --------------------------- (4) Site pjans_rcqL�j Li_Ljc, rejef app f , and f� 514 ent a s n Ias for cf'ty-own cd or o j j cd facilitics that causes Ugp,.Jficant imi)act to abutting and adjac ---------------------------------------J------- ------------------------------------------------------- _------------------------------------------------------------------------- p.Lg.p.�LL!'es, as determined by the Planning c,-A in tn istrator. c. Exemptions. The following work shall not be required to undergo site plan review as required by this chapter: (1) The construction of a single-family home or a duplex; I') T ,-1 as spe IfiteROF FeRE)VE140RS, &Eeel)t -C�_A �'_ C U 1 1, 1 ) 1, I'! T 'fistall-ion of fire sp.`likler-s; —el3iffeeffiefit Of&H'Stiftg eleetfieffl e8ffifffflelits; 11Z T stall—i6li Of fife alaf-HIS; EW,E)bift+1ftf`y 11" Safi2ty FeSt3E)ft-- elit Of Pifeet6r-Of Aftfiflaig Effid &ftaig. (2) Internal modifications to a structure __,� cc-tr--'-c-a----l--,---a-n----d-----m- cc--h---an-'c-a-1------v----' -th---n---o,-effect to the. exterior of the structure, -------------------------------------------j--------------------------------------------------------!................................................................................................ that does not increase the total size of the structure and does not Lih �!i I u fo Page 415 of 541 �,znh921,es., orornai,nen,-Lal sLa-I,Lrhres- rrij Poole, includf'n;rcdcsf'gnnd r �locationz 6) Other niin or strLict Kral ztcic idon.s or alt r dons,, ir,cludf'n,c,,, stairs., porches., L71 ,r rrr�r<F�� an-d a-ccc-sory strguitres rn res'd�nt'al d'strrCt ,. moo......... ] a rrh�,�rhr tncl tcicl���cn. �cr r ��n< rrh�,�rhr c f feNv c r than I,,000 <,rcrs;s--.5q h�tre feet in non re i,c c n.t i,a 1, �on..i.n<F_d'_s tr c-t ,. sit ne-ces ary to ifin)lerne�ht a C orrcct' c A- t'on Pla-n ad or .; ac € �1„ha � ,� as �r� 11 �€ , � � er �c' rhsxhs the Plifeet6r-Of Planning and ZE)ii"-- for-s4e-,A�Vfew based nPe*-a4-ef+ke II&Wifig t -r• , ,he butid"— IS (4) Geffiplianee w4h the e-ity's developffil— --l- AI-11 1-- —1- I M alor Srtc Plan ------------------------------------ a)-. Submittal Requirements. See Section I.D. above for the submittal requirements of this application. b-3. Review Criteria. The site plan shall comply with the following: 1)requirements of the respective zoning district regulations of Chapter 3 Article III arrd,2) S ite Ddevelopment S-standards described in Chapter 4. Axti.cle X11. 34 the best de-v lefitpFaefie—to s e greea eheekIisf. See Section 2.D.6.c. above for additional regulations regarding the requirement that the site plan be consistent with the master plan when rezoning lands to a planned zoning district. c.4. Approval Process. An application for site plan approval requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. cls. Expiration. H)a- General. Upon approval of a site plan by the City Commission, the applicant shall have eighteen(18) months to secure a building permit from the Development Department. b. Sfa"Hable , 2 Page 416 of 541 411 11(1(1 .. F . � MI MM 4� Null and Void. All previous approvals shall be null and void if the applicant is unable to secure a building permit within the above timeframes. For the purposes of this section, minor permits issued by the Departments of Development or Public Works (e.g. clearing and grubbing;walls and fences; docks, land development; utilities; etc.) shall not constitute the type of permit necessary to extend the life of a development order for site plan review purposes. ceb- Time Extension. General. An applicant may request to extend the approval of a site plan for an additional time period,not to exceed eighteen(18)months,provided that such request for extension is filed prior to the date of the expiration of the original eighteen(18)-month period. For the purposes of the subsection, a"site plan" shall be construed to include either a new site plan or a major site plan modification. There is no limit to the number of extensions that may be requested. fib✓ Submittal Requirements. See Section I.D. above for the submittal requirements of this application. L3)E Review Criteria. The site plan time extension shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4. In addition, the following information shall be used to justify an application for site plan time extension: �-�..(44 Are there any recently adopted amendments to the Comprehensive Plan,redevelopment plans, or Land Development Regulations that would cause the approved site plan in its current configuration to become noncompliant? .(-_24 In determining good faith, some factors to be considered are the following: 1) the extent to which a land development permit(if applicable)has been applied for by the applicant and/or approved by the Engineering Division; 2)when construction approved by such land development permit has occurred(construction which is commenced immediately preceding expiration generally indicating a lack of good faith); 3) the extent to which there has been a bona fide continuous effort to develop but because of circumstances beyond the control of the applicant,it was not possible to meet the time limitation; and 4)the applicant has applied for or secured any building permits, or other types of permits from external agencies,including anticipated dates for the issuance of the aforementioned permits? (".(34 Has the applicant paid any impact fees,including utilities or art in public places? �.E4} Does the site plan comply with the concurrency requirements and of Palm Beach County and the city's Land Development Regulations? L.k-54 Other pertinent information can the applicant provide that would justify the request for site plan time extension? Md- Approval Process. An application for site plan time extension requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. (5)e- Expiration. Upon approval of site plan time extension by the City Commission, the applicant shall have the time approved by the City Commission to secure a building permit from the Development Department. All previous approvals shall become null and void if the applicant is unable to secure a building permit within the above timeframe. 3 Page 417 of 541 n 6 f-. Extension. The applicant may file a subsequent request for site plan time extension beyond that of the original extension;however, each subsequent request for site plan time extension shall be valid for a time period not to exceed one (1)year. Each subsequent request for site plan time extension shall be filed prior to the expiration date of the preceding site plan time extension period. CL)g-. Miscellaneous. The original conditions of approval of the site plan are still applicable and must be addressed, unless otherwise approved by the City Commission. In granting such extensions the City Commission may require modification to or impose additional conditions of approval to the site plan. 3. Minor Site Plan a. SjLbrnttal. RcYfi��,�rei,ne ts. See Sectimc�r�_mlm_ )__�ti�c��e for_the_�,ubl'iii�l_r�fi���renle is o this zip i��iic rim b. Review CvrIt rla. The site r)l;��n shalml_colnDIy Nvith. the followln<,__l i r��quireMent�,_of the re�I ecti�_�_��c�nincyF._d'strr�, ssg,uladons o Chapter Article 111 and %i Site De clomnent Standards des ri.bed in CCh� L � �rjjcic ill See Section ..........�.�.�.�.�.�.-- __________________________________________pm__________________________________________________,1�.........._______________________________________.. %.i).Li.c,. for zrcicl� i r�zrl rc<,r l at is n regarding ing the ref r��r�fin�nt that the site �lzt��. lac c,c r��is-tent'a ith the fnast r plan '"hen SS7on.i.n g.--La n-d s jo--a i)IanmD�cl c /'L) ro al Process. I he tl��lic,zt��c n. hztll lac r� ���ac cl lav ��t6t6" tr�.cl t�,�rc r� �a ill lie �tl �r� lav �h.� t��rc� rr tl adrninistartiv e official. d. . Expirat' rm:m i General. pjjc �Cshal have tnont�, lcsecUr� tb101dnc , �l -Ax _ _ mm _ _ m�_ i D r)arunent. X11 tncl Void. X11 r N' I �l���rc �l� shall l�� r�.r�ll z�r�.cl v��cl �6'�h.� �� 1.ican_Crm�_����ablm�_tc�_secure_�t_l�n�milcl_�m�� F. L�rfinitNv'thin chi above O nc runes F rchc �r�r�c� � c 6 phis Section fimnor e nits issued lav the D arfinents of ___________________________________________________________________(......1_________________________________________----�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.--.�____________l� 1)cvcic fin�n r i' �l�hc jcrl <F cicarin�L, and <Fr��l�l�i��<, �r rll� and fences clock land dee to finent, 11tilitic j c,. shall not cc�r��;dtutc th.cY tv c 6 �rfini� nece;� Iry to ext nd the lif c 6 a� cic clo finent ord r fo ��� � Ian rc ia err 2« S. c. Th'nc Extension IGeneral. An l �l�c o finty � ..... additional tifnc ------------------------------------- �l n_6rto���--------------- < exceed cighteen ( l8) finonths provided that such re f rr��� 6c r c�����sion is filed jrior to the date o the cn)irttion o the ")rr<Fin l cicF,),tcc JI finonth i) rl.od For the ,?jrtjc s c 6 �hc stt bs c tion a "Site l t��" shall b cc nstr ed to fincan a 1ninor ____________________1....._ ____ ____________________-____________ __________________________________________________________._._._. ��tc .jan____Therms__f_s n. _hinit to Chi_ntunber of extensions that that be rc,-ticsted. z) °ubi,nttal Requirci,nents._See Section I.D. above for_the_subiaitial_requirci,ne �is of thins_"1.2p imp Cion.. 3 RevieNy Criteria. The �j Ian O,rn _exiens'c-,shrtll_cc fi)jjy ht�r�fi��nC c6�h� respect' _ m _ _ disrictrc<,rlationso Cha Article III and �,'��_cic�_�lr follo`oAkl.<F information shall b used tc u--.ii_6v an. zwp icatio � for site�l t�� tiro extensfon-:. A. Are thea any recently aclomed ainenclfinents to the Corn n�r�h�nsive Plan redevelopfn���� tncl ___________________________________.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.--- a.........................._. De elomnent lac<,r�lations that Nvoi d c tus chi �� r� �cl sit l�n n. its cmr�nt con cyr ,. ion to becofne ..............................................------------...._l_ _ _________l_______________________________ _ ........................................... nc. rnrl.i. n..`' B. In dctcn'nf'njn<,.6, rl_f nth., soi,ne factors to be considered ars the folloNv in<,m._._.-I)_Ch����c_exten-L t N hich ��_lmrrn . cicv �lc fir2. r�j l� rfr��� �6 tl.0 lin tl�l�i h t 1�� � _tC lied for lav the ap l cant and"or t m��l_hvmCh��r�,Fiw rin Division, %i when cc nstrtictfon a Cc �cl lav such land d v�lomn�n� ��rrtn�t h � c�cctirrccl c�r� Crr�ction N�hfch i ____ l.___.__.._.__-_._ _ __ _ _�_.___ __- _._._ _ ______ c,c fnrn n cl h,nfneclizttlyrcclin<, irtCic n �= r�mr�rlly indic�tt'll-,, _l,LlJl c 6_Fmc�c�cl_6 t�ihm _3_)_Che extent Co Nyh'ch.. thea has been a lona fid continuous effort cc) de plc � but b cause ofcf'rctanstances beyond the control of the lac tn� it Nva not,2c1 �ih?c_to inect the thnme th,nitati n, and 4) :Che �t�p ican,t has �t����Jed furor secured any L1111lc inL, �jinr_ts froi'n_cxtcrnal.-�LgF� jcic _ ncl��,c in�� ,F_antich)atccl dates for the of the aforencnLLoncd jj rnCs> 4 Page 418 of 541 C. Has theaDplicant paid any impact fees., icluciin, � ��i.ec r tri ��� ,��1��, places" D. Doc s tc site plain c10rnply y���,�rrr ���,y_r qu-irernc rills and o6"Ralrn B c ac,h C ol-mty Dc'v cIoi)f;n;c _ons?.. E. Other nert'ne�t_�_nformaticram_ca,n-the a p.lim�a.jL�rrc ide that would ���Stim6v the r�f���e�;t_6c�r_sit ��1 ���.�rfi��,�n C rc� fc r for site l �� im ext nsi n ref ufres i- � a by the Plann n<, c�, Zon'n<F !i,cl m i.n i s trator. >} �E�gic r� U cry t arc tl c 6 �� la�� ��rr � �� is r� �h. t lig t��� h til h t �h� ��fir t�arc ci hylh. 1'l nnfn<, c / njn<, �clfin�nf �r rc r �c car a h� �lchn<, rfinir from rhe D rlc ��fin���� 1)����r�fin�n� X11 �r� io ���)rc al hall heccfns null and void 'if the limcant_c�;_f nabl_e to se urs abuimIdi.n<F_.l�errtni.tNaichi,�� the above ti.fincfraj.nc CL l Extension. The a��1fmcant_fin.-a.y file a ���� �ci.��m�f�l_r�f fav �m6_c-r s i��_l2J �!� ��i,n-c cxt�:r s'on bcyc�nd rha�c 6"rhe err<:�nal. etn fcn however, each �,��bsea������ref r����fc r Sit la�� tim ext nsion shall b �alid for a c�finc ���riod not to exceed one 1. year. Each � h f � �nrr�f tient for icy plan 6m extens'on ,hall b fit d or the exp, �ior� dateo the r�r�c�clin< .. 1.........................l_____________________ --------- �� jaf�__Ccfmr�m� extenmsion_ rimc�cm. rl M4isc llaneou The origj.nal condi ons o ars arc �l c 6 �h� ��� �l��� �r� ���11 a��hc ably and fust b addressed,_ .�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.____----�.�.�.�.�..�.�.---- �4 ___1............................�4_____________________________________________._.m.. u nlcsLs c thcrw i.s� � Q d byIU-1'l nanin<, & o i� s C�chnin',strator In Fra������<F '.'Ld extens'ons staff may ref In fi od'fic,atise acichrional conditions of z i )ro al to the site plan. 5 Page 419 of 541 4-7. Modification to Site Plan. a. General. An applicant may request to modify an approved site plan. Changes to site plans are either"minor" or "major"based on criteria within this section. The applicant shall schedule a pre-application conference with staff cc) facd.itate a prelh,ni'ary reg f'cN ofthe °SIL° Plan. °rte Plan Modf'6icatf' ns shell he Site rr.,. is considered "major" &any of the fblloNvi.ng_, z (1) The modification increases the buildable square footage of the development by more than l`S, ( wcaxc 6C or twen.tv_.�e-percent(%()4%)_._ a hJ�ml cvcr_f' <Frcatcr, the threshold increases to tNvcnty.- i�._c percent(".j4-9%) if Lh. rc cct '_�, c rt' iecl by a thr.rcl �irly"r����m_��rtifi. t��c r� rc��� 1 _lam _ l_ _________ Meets the i "S gFeell ri (.�'J) The modification causes the development to be below the development standard for the zoning district in which it is located or any other applicable standard in the Land Development Regulations. (34) The modification has an adverse effect on adjacent or nearby property or reduces required physical buffers, such as fences, trees, or hedges. (14) The modification adversely affects the elevation design of the structure or reduces the overall design of the structure below the standards stated in the community design plan. (` ) The modified development does not meets the concurrency requirements of the Boynton Beach Comprehensive Plan. (�-7) The modification alters the project so that the modified site plan does not reasonably resemble the approved site plan. ( �) The modification affects or does not comply with a condition of approval of the development order. (O) The modification des to a city-owned or operated facility&M-causes a s n'6 ic-------------------- _ impact to abutting and adjacent properties. -s- 6 Page 420 of 541 b. Major Modification. (1) Submittal Requirements. See Section I.D. above for the submittal requirements of this application. (2) Review Criteria. The proposed major site plan modification shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4. (3) Approval Process. An application for major site plan modification requires review by the City Commission and shall be processed in accordance with Chapter 2, Article I. Section 3. (4) Expiration. Upon approval of a major site plan modification by the City Commission, the applicant shall have eighteen (18) months to secure a building permit from the Development Department. All previous approvals shall be null and void if applicant is unable to secure a building permit within the above timeframe. For the purposes of this section, minor permits issued by the Departments of Development or Public Works (e.g. clearing and grubbing; walls and fences; docks, land development; utilities; etc.) shall not constitute the type of permit necessary to extend the life of a development order for a major site plan modification. (5) Extension. An applicant may request to extend the approval of a major site plan modification for a time period not to exceed eighteen(18) months,provided that such request for extension is filed prior to the date of the expiration of the original eighteen(18)-month period. The request shall be processed in accordance with Section 2.F.6. above. (6) Miscellaneous. At the time the City Commission approves a request for a major site plan modification, any previously approved site plan,including any conditions for approval, shall be null and void. All future development shall be consistent with the master site plan, as modified and approved by the City Commission,including all corresponding conditions of approval. c. Minor Modification. (1) Submittal Requirements. The applicant shall submit a letter explaining the modification(s) along with the affected plans and exhibits (in the number of copies specified by the Division). The applicant shall also provide consent from the property owner to file an application for the minor site plan modification. (2) Review Criteria. The proposed minor site plan modification shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4. (3) Approval Process. The application shall be reviewed by staff and action will be taken by the appropriate administrative official. Upon approval of a minor site plan modification, all future development shall be consistent with the site plan, as modified,including all previously approved conditions of approval associated with the site plan. S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-007 Site Plan Process\SitePlanMods.docx Page 421 of 541 8.D. PUBLIC HEARING 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Approve MILK Overlay and Use Matrix Revisions Part I (CDRV 19-006) -Amending the LAND DEVELOPMENT REGULATIONS: PROPOSED ORDINANCE NO. 19-030 - SECOND READING - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions; PROPOSED ORDINANCE NO. 19-031 - SECOND READING - (2) Chapter 2. Land Development Process, Article 11. Planning and Zoning Division Services; PROPOSED ORDINANCE NO. 19-032 - SECOND READING - (3) Chapter 3. Zoning, Article 111. Zoning Districts and Overlays, and Article IV. Use Regulations; and PROPOSED ORDINANCE NO. 19-033 - SECOND READING - (4) Chapter 4. Site Development Standards, Article V. Minimum off-Street Parking Requirements, to implement modifications to MILK Overlay, modifications to rezoning-master plan application process, corrections pertaining to Mixed-Use zoning districts and revisions to Use Matrix, Residential and Lodging category. Applicant: City-initiated. EXPLANATION OF REQUEST: The Boynton Beach CRA Community Redevelopment Plan, adopted on October 4th, 2016, recommended significant changes to the structure of the future land use (FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific design standards. Implementation began with amendments to the City's Comprehensive Plan in 2017, followed by staffs comprehensive evaluation of the Land Development Regulations (LDRs) and phasing-in comprehensive modifications. The proposed amendments constitute the third revision of the LDRs, following the amendments adopted on May 16, 2019, and would affect Chapters 1, 2, 3 and 4. The most pertinent proposed amendments include: • Revisions to the Martin Luther King Jr. Boulevard Overlay to amend the definition, add a list of prohibited uses, require commercial uses on the ground floor on the street frontage, and change the off-street parking requirements; • Revisions to the Use Matrix(Table 3-28), Residential and Lodging section, concentrating on the urban mixed-use zoning districts to bring the matrix into consistency with the changes in city's vision embedded in the redevelopment plan; and • Modifications to the rezoning, and master and site plan regulations for planned zoning districts, o create a more streamlined and flexible development process. In addition, proposed amendments include modifications to the recently approved definitions of "Active/Commercial Uses on Ground Floor" and to definitions pertaining to the different categories of lodging. The Planning & Development Board, at their August 27, 2019 meeting, recommended approval of the proposed amendments. Page 422 of 541 Note that there are two changes to the proposed amendments as presented at the first City Commission Public Hearing on September 17, 2019. The first change pertains to the Martin Luther King J r. Boulevard Overlay. It would limit the requirement of commercial uses on the Boulevard's street frontage to the eastern and western nodes as shown on the CRA Plan's map (see added Exhibit B). This change to the Overlay would make its requirements more consistent with, and supportive of, anticipated redevelopment projects along the Boulevard. The second change pertains to the use regulations and provides clarification of the way residential-only projects within MU-1, MU-2 and MU-3 zoning districts located within the Federal Highway District and the Heart of Boynton District would meet the requirement of Active Uses on Ground Floor. The current explanation reads that the requirement will be met by "using recommended design feature" while the change adds description of such design features—they would have to include "walkways connecting to the public sidewalk, front door design, and covered entries to individual units." HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on either programs or services FISCAL IMPACT: No direct fiscal impact ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 423 of 541 ATTACHMENTS: Type Description D Ordinance Ordinance Amending LDR Chapter 1, Article 11 D Ordinance Ordinance amending LDR Chapter 2 Article I I D Ordinance Ordinance amending LDR Chapter 3 Article I I I and IV (1st Reading Version) D Ordinance Ordinance amending LDR Chapter 3, Article III and IV (Re\Ased for 2nd Reading) D Ordinance Ordinance amending Chapter 4, Article V Minimum Off-Street Parking D Staff Report CDR! 19-006 Staff Report D Exhibit EXHIBITA. LDRAmendments D Exhibit EXHIBIT B. CRA PLAN - MILK NODES Page 424 of 541 I ORDINANCE NO. 19- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 1 "GENERAL ADMINISTRATION", ARTICLE II. 7 "DEFINITIONS"; PROVIDING FOR CONFLICTS, SEVERABILITY, 8 CODIFICATION AND AN EFFECTIVE DATE. 9 10 I WHEREAS, the Boynton Beach CRA Community Redevelopment Plan, adopted 12 on October 4th, 2016,recommended significant changes to the structure of the future land use 13 (FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific 14 design standards; and 15 WHEREAS, the proposed amendments constitute the third revision of the LDRs, 16 following the amendments adopted on May 16, 2019; and 17 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing whereas clauses are true and correct and are now ratified 20 and confirmed by the City Commission. 21 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1, 22 "General Administration", Article II"Definitions" is hereby amended as follows: 23 24 CHAPTER 1. GENERAL ADMINISTRATION 25 ARTICLE II. DEFINITIONS 26 ... 27 COMMERCIAL USES ON GROUND FLOOR-Mi d t ^t^W41-1"tffbitfl+H;Xed tiSe Z@1444g a'^*"' 8 28 Uses serving 29 the general public such as retail,restaurants,bars,entertainment,personal services,and offices. 'v or4 30 31 inelff_dam: d •t•„,t„th above tis€s_ 32 33 ACTIVE USES ON GROUND FLOOR-Resident-only serving amenities such as lounges,gyms,common 34 rooms and recreational spaces. Residential only P—jeets W4 35 36 to engage with the StFeet and PfOVide the 0PP0f4tff44y Q-1, 'Peanif-es+Hay be--1,;-_A 37 38 ... S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 Art II)Definitions-Ordinance.Docx -I- Page 425 of 541 39 HOTEL-A building or portion thereof offering temporary lodging of transient guests,with access to the Ruest 40 rooms through the inside lobby,and accessory uses that may include conference facilities,restaurants,bars. 41 and recreation,fitness amenities and retail. 42 43 44 45 46 an&Aer-or- +,,,r,: r, : :.r,:., -aa 47 140TEL, 48 49apa4ments shall 1," nat+14of-e than one"41-14d(1,14)of the total talits 50 devoted to ""'I lotinges shall be PeFR4; eeesso+y tises. 141 51 &;a4€s-shy,,, have a„ rosy afea of f:., 52 HOTEL,CONDOMINIUM See"14otel,F�Aen edStay." ("Condo Hotel")-A building with individually 53 owned condominium units intended to be made a part of the hotel inventory to be rented to the public and 54 operated by the hotel management. 55 140TEL, 56 ° 57 eigWy n am 58 140TEL, TIMESHARE The ter-m shallinewde, btax shall not be 1;41-1 Y pa44 d4eFeOf 41 59 60 less than a Aill year- "",--Y,t-alk,le- year-but flot neeessar-dy for-eanseetitive years 41 Heear-danee W41- ""f4lxed 61 time sel,edule pe-IJO-die"ally extending for-+Here 94an one 1 1\year-. The deteFR4J1-_"+J@+1,-+ 62 , 63 64 4easeltol fee:.,to-est 65 , 66 67 also be p+Ovide-A. 68 ... 69 MOTEL-A building or group of buildings providing lodging accommodations for transient guests,with 70 guest rooms accessed individually from rom parking areas or external walkwa . A ki;Id:.,,,OF,,.OUp„f r,,,:IA; ., 71 72 73 &A,e, e44 -e-t 74 75 suites f9f ffild W14;614 shall Hot Sen'e HS 44@ pF4Oa+y or- pefmanent F-esidenee Of t14@ 76 oeeupa+4s. Buildings designed as motel apa+4O4e+4s shall have not+OOFe thffil OR@ 4-14d (P4) Of t @ total ti'--;+S 77 78suites shall have a+041iffm+0 g+Oss floor area of five 4H+I&ed 1500) salu"ffe . 79 80 Section 3. Each and every other provision of the Land Development Regulations 81 not herein specifically amended, shall remain in full force and effect as originally adopted. 82 Section 4. All laws and ordinances applying to the City of Boynton Beach in 83 conflict with any provisions of this ordinance are hereby repealed. 84 Section 5. Should any section or provision of this Ordinance or any portion 85 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 Art II)Definitions-Ordinance.Docx -2- Page 426 of 541 86 affect the remainder of this Ordinance. 87 Section 6. Authority is hereby given to codify this Ordinance. 88 Section 7. This Ordinance shall become effective immediately. 89 FIRST READING this day of , 2019. 90 SECOND, FINAL READING AND PASSAGE this day of , 2019. 91 CITY OF BOYNTON BEACH, FLORIDA 92 93 YES NO 94 95 Mayor— Steven B. Grant 96 97 Vice Mayor—Justin Katz 98 99 Commissioner—Mack McCray 100 101 Commissioner—Christina L. Romelus 102 103 Commissioner—Ty Penserga 104 105 VOTE 106 107 ATTEST: 108 109 110 111 112 Crystal Gibson, MMC 113 City Clerk 114 115 116 117 (Corporate Seal) S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 Art II)Definitions-Ordinance.Docx -3- Page 427 of 541 I ORDINANCE NO. 19- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 2 "LAND DEVELOPMENT PROCESS", ARTICLE II. 7 "PLANNING AND ZONING DIVISION SERVICES"; PROVIDING 8 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN 9 EFFECTIVE DATE. 10 ii 12 WHEREAS, the Boynton Beach CRA Community Redevelopment Plan, adopted 13 on October 4th, 2016,recommended significant changes to the structure of the future land use 14 (FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific 15 design standards; and 16 WHEREAS, the proposed amendments constitute the third revision of the LDRs, 17 following the amendments adopted on May 16, 2019; and 18 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing whereas clauses are true and correct and are now ratified 21 and confirmed by the City Commission. 22 Section 2. City of Boynton Beach Land Development Regulations, Chapter 2, 23 "Land Development Process", Article 11 "Planning and Zoning Division Services" is hereby 24 amended as follows: 25 26 CHAPTER 2. LAND DEVELOPMENT PROCESS 27 ARTICLE II. PLANNING AND ZONING DIVISION SERVICES 28 ... 29 Sec. 2. Standard Applications 30 ... 31 B. Comprehensive Plan Amendments. 32 1. General. 33 a. Purpose and Intent. The purpose of this subsection is to provide a means for 34 amending the city's Comprehensive Plan in accordance with F.S. Chapter 163. 35 b. Authority. The City Commission has the authority to amend the Comprehensive 36 Plan upon compliance with the provisions of F.S. Chapter 163 and of this subsection. The S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2 Art II) -Ordmance.Docx -I- Page 428 of 541 37 City Commission has designated itself as the Local Planning Agency (LPA) for the city. 38 c. Types of Amendments. Amendments to the Comprehensive Plan include text 39 amendments and site-specific amendments to the future land use map (FLUM). 40 2. Text Amendment. A text amendment to the Comprehensive Plan shall only be 41 initiated by the city. 42 3. Future Land Use Map (FLUM) Amendment. 43 a. General. 44 (1) The purpose of this subsection is to provide a means for changing the 45 boundaries and/or classifications of the FLUM through site-specific amendments to the 46 Comprehensive Plan. 47 (2) A request for FLUM amendment for parcels of 10 (ten) acres or fewer shall be 48 considered e4he,-',,,:ge Reale of:small scale, based on F.S. Chapter 163. 49 50F.S. 51 roti r+ i 6� -=- - 52 (43) All privately initiated FLUM amendments shall be accompanied by an 53 application to rezone to a zoning district consistent with the requested FLUM 54 classification. See Section 2.D. below for the process by which lands are rezoned to a 55 different zoning district. 56 57 .... 58 59 D. Rezoning, Including Master Plan. 60 1. General. 61 a. Purpose and Intent. The purpose of this subsection is to provide a means for 62 changing the zoning district boundaries or designations through site-specific amendments to 63 the official zoning map. It is not intended to relieve particular hardships or to confer special 64 privileges or rights to any person, but only to make necessary adjustments in response to or 65 based upon changed conditions. 66 b. Authority. The City Commission has the authority to amend the official zoning 67 map upon compliance with the provisions of this subsection. 68 c. Initiation. Amendments to the official zoning map may be proposed by the owner 69 (or agent) of the affected land or city-initiated. 70 d. Consistency with Future Land Use Map (FLUM) of Comprehensive Plan. No 71 application to rezone lands may be submitted that would result in an inconsistency with the 72 FLUM classification. See Section 2.13.3. above for the process by which to amend the 73 FLUM classification. 74 _ e. Rezoning to Planned Zoning Districts. A master plan, „long W41- the 75 , shall be required when a privately-initiated 76 application is made to rezone lands to a planned zoning district. A site plan may be 77 submitted concurrently or at a later date. The ifflastef Plan shall be +____1 61 78 toe11111C apOi6at:^n; ^wa. City-initiated rezoning can proceed in advance of the 79 master plan/site plan submittal. The master plan shall be reviewed in accordance with 80 Section 2.D.6. below. See Section 2.17. below for additional regulations pertaining to the site 81 plan application. 82 83 .... 84 85 6. Master Plan. S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2 Art II) -Ordinance.Docx -2- Page 429 of 541 86 a. General. The purpose of this subsection is to set forth well-defined application 87 processes, review criteria, and uniform procedures for the rezoning of lands to planned 88 districts (as defined by Chapter 1, Article 11). 89 - b. Submittal Requirements. Except as provided in Section 2.D.6.e below, 4the 90 applicant is required to complete the rezoning application (see Section I.D. above), 91 92 and provide all documentation required by the respective application checklist. 93 - AXTI 94 95 and Aled eOf1etff:f:ef1+Lly ,A, A, 11 '++ 1 Of the MaS+ EOF Of Planning and 96 97 98 . 99 c. Review Criteria. The master plan shall comply with the requirements of the 100 respective zoning district regulations of Chapter 3, Article III and site development 101 standards described in Chapter 4. In addition, the site plan shall be consistent with the 102 master plan. See Section 2.17.3. below for the review criteria of a site plan. 103 d. Approval Process. A privately-initiated request to rezone{and its accompanying 104 master plan shall be f:eviiewed eenettf+en+ of the S-4 105 nieatio . Be+'- appl eatiefFrequire review by the City Commission and shall be 106 processed in accordance with Chapter 2, Article I, Section 3. 107 _ e. Expiration. A master plan_ 108 . 109 shall remain valid unless the corresponding site plan expires,-or if the site plan is 110 not adopted within 18 months of the date of the master plan approval. In these instances, the III official zoning map retains the planned zoning district designation, but the property does not 112 possess a valid development order or development permit, and no permits may be granted by 113 the city on the subject property. The submittal and approval of a new FeZening appl 6 114 whieh :,,eitt es a new or modified master plan, and ee„etw+e �a site plan application 115 as provided in Section 2.D.Le. above, shall be required in order to commence development, 116 redevelopment, or other site improvements. 117 f. Modification to Master Plan. Changes to master plans are either "minor" or 118 "major" based on criteria within this section. A pre-application conference with staff is a 119 prerequisite to filing an application for modification. The site plan must be consistent with 120 the master plan; therefore, any request to modify a master plan may require the submittal of 121 a concurrent request for site plan modification in accordance with Section 2.17.7. 122 below. Staff shall consider the following factors in determining whether the proposed 123 master plan modification is considered "major": 1 124 (1) The modification increases or decreases the buildable square footage (intensity) 125 or number of dwelling units (density)by more than five percent(5%); 126 (2) The modification e4 a,- adds e,- eliminates a point of ingress and egress; 127 - (3) The modificationeliminattes,_reduces ,- ,. oehanges ,ha leatiO„ 0, the cumulative 128 area of each the required or provided open spaces, green spaces, and pedestrian plazas stte4+ 129 by more 130 than five percent(5%), changes the location of such spaces, or does not otherwise meet the 131 intent of these Regulations; 132 �-J el 6W laft RIF - 133 134 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2 Art II) -Ordinance.Docx -3- Page 430 of 541 1 135 (4-55-) The modification alters the project so that the modified master plan does not 136 resemble the approved master plan; 1 137 (56) The modification affects or does not comply with a condition of approval of 138 the preceding development order; and 1 139 (6F) The modification is proposed to a city-owned or operated facility and does not 140 adversely impact adjacent properties and/or public lands. 141 g. Major Master Plan Modification. 142 (1) Submittal Requirements. See Section I.D. above for the submittal requirements 143 of this application. 144 (2) Review Criteria. The proposed master plan shall comply with the requirements 145 of the respective zoning district of Chapter 3, Article III, and the site development standards 146 described in Chapter 4. 147 (3) Approval Process. An application for major master plan modification requires 148 review by the City Commission and shall be processed in accordance with Chapter 2, Article 149 I, Section 3. 150 - (4) Expiration. A master plan shall remain valid unless the corresponding site plan 151 expires, or if the site plan is not adopted within 18 months of the date of the master plan 152 approval. There ; —4:a+'- _4� w +-,-In me 153 (5) Miscellaneous. At the time the City Commission approves a request for a major 154 master plan modification, any previously approved master plan, including any conditions of 155 approval, shall be null and void. All future development shall be consistent with the master 156 plan, as modified and approved by the City Commission, including all corresponding 157 conditions of approval. 158 h. Minor Master Plan Modification. 159 (1) Submittal Requirements. The applicant shall submit a letter explaining the 160 modification(s) along with the master plan (in the number of copies specified by the 161 Division). The applicant shall also provide consent from the property owner to file an 162 application for the minor master plan modification. 163 (2) Review Criteria. The proposed master plan shall comply with the following: 1) 164 all applicable conditions of approval of the preceding master plan; 2)requirements of the 165 respective zoning district of Chapter 3, Article III; and 3)the site development standards 166 described in Chapter 4. 167 (3) Approval Process. The application shall be reviewed by staff and action will be 168 taken by the appropriate administrative official. Upon approval of a minor master plan 169 modification, all future development shall be consistent with the master plan, as modified, 170 including all previously approved conditions of approval associated with the master plan. 171 .... 172 F. Site Plan, Including Time Extension and Modifications. 173 174 175 8. Miscellaneous. 176 a. Site plan review shall be required in conjunction with a master plan when rezoning 177 lands to a planned zoning districts f4 as provided in Section 2.D.Le. See Section 2.D.6. 178 above for additional regulations pertaining to the rezoning process. In such instances, the 179 site plan shall be consistent with the master plan. 180 .... 181 182 Section 3. Each and every other provision of the Land Development Regulations S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2 Art II) -Ordinance.Docx -4- Page 431 of 541 183 not herein specifically amended, shall remain in full force and effect as originally adopted. 184 Section 4. All laws and ordinances applying to the City of Boynton Beach in 185 conflict with any provisions of this ordinance are hereby repealed. 186 Section 5. Should any section or provision of this Ordinance or any portion 187 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 188 affect the remainder of this Ordinance. 189 Section 6. Authority is hereby given to codify this Ordinance. 190 Section 7. This Ordinance shall become effective immediately. 191 FIRST READING this day of , 2019. 192 SECOND, FINAL READING AND PASSAGE this day of , 2019. 193 CITY OF BOYNTON BEACH, FLORIDA 194 195 YES NO 196 197 Mayor— Steven B. Grant 198 199 Vice Mayor—Justin Katz 200 201 Commissioner—Mack McCray 202 203 Commissioner—Christina L. Romelus 204 205 Commissioner—Ty Penserga 206 207 VOTE 208 2o9 ATTEST: 210 211 212 213 214 Crystal Gibson, MMC 215 City Clerk 216 217 218 219 (Corporate Seal) S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2 Art II) -Ordmance.Docx -5- Page 432 of 541 1 2 ORDINANCE NO. 19- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 6 AMENDING THE LAND DEVELOPMENT REGULATIONS 7 CHAPTER 3 "ZONING", ARTICLE III. "ZONING DISTRICTS", 8 ARTICLE IV, "USE REGULATIONS"; PROVIDING FOR 9 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the Boynton Beach CRA Community Redevelopment Plan, adopted 14 on October 4th, 2016,recommended significant changes to the structure of the future land use 15 (FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific 16 design standards; and 17 WHEREAS, the proposed amendments constitute the third revision of the LDRs, 18 following the amendments adopted on May 16, 2019; and 19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing whereas clauses are true and correct and are now ratified 22 and confirmed by the City Commission. 23 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 24 "Zoning", Article III"Zoning Districts" is hereby amended as follows: 25 26 CHAPTER 3. ZONING 27 ARTICLE III. ZONING DISTRICTS AND OVERLAYS 28 Sec. 1. Overview. 29 ... 30 C. Non-Residential Building and Site Regulations (Table 3-2). RE NON-RESIDENTIAL C C C-3 C CB PCD M PID PU 1 2 4 D 1 C i Page 433 of 541 Density(dwelling units per acre): N/A A A N/ N/ N/A Flexible' N/_ A N/A N/A N/A N/A Project Area,Minimum(acres) N/A A/ N/A A/ N/A 3" "N/A 25 A/N /A Lot Area-pef4mit,Minimum(square 9,0 5,0 15,0 5,00 15,0 Flexible 10,0 Flexible 43'5 8,000 feet): 00 00 00 0 00 00 60 Lot Frontage,Minimum: 75 50 75 50 75 Flexible 0 Flexible 100 75 Lot Depth,Minimum: 120 p N/A 100 100 N/A N/A N/A A/ N/A Lot Coverage,Maximum: o0 40 40 10 60% 60% N/ N/A /o /o /o A Floor-Area-Ratio(FAR),Maximum: 0.4 0.5 0.50 0'5 N/A 0.50 0.50 0.50 0.5 0 1.00 Structure Height,Maximum(feet): 309 25 45 45 45 45 45 45 45 45 Building Setbacks,Minimum(feet)14: Front 30 30 20 25 0 40 15 30 25 2513 Rear 20 20 20' 205 206 40 203 30 25 2513 Interior side 10 15 O' 155 0 30 15' 20 25 1513 Corner side 71 20 20 155 8' 30 15 30 25 1513 Building Setbacks,Minimum if abutting a residential district(feet)14: Rear 30 30 30 30 N/A N/A 30 N/A A/ 30 Interior side 30 30 30 30 N/A N/A 30 N/A A/ 30 Corner side 30 30 30 30 N/A N/A N/A N/A A/ N/A Waterfront yard N/A A/ N/A A/88 N/A N/A N/A A/ N/A 31 32 33 ... 34 35 E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE,URBAN13_14 MU- MU- MU-' MU-2 3 4 MU-C Lot Area,Minimum(acres): Public park N/A N/A N/A N/A N/A 2 Page 434 of 541 All other uses 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100' 150' 200' 200' Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)3 45 65 75 100 150/125' Maximum Density(DUs/Acre)",,z 20 40 50 60 80 Maximum F.A.R." 1.0 2.0 3.0 4.0 4.0 Build-to-line(ft.)' All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' Building Setback,Minimum(ft.)8 Rear abutting: Residential single-family 255/05.6 255 255 255 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255/05.6 255 255 255 255 36 0.5% Usable Open Space,Minimum(sq.ft.)' N/A N/A 1% 2% 37 38 1. May be reduced if frontage extends from right-of-way to right-of-way. 39 2. A4;,,;,,,,,, „f f:�. , ,, r. n , ,, ,,,, ,, Project sites must fronton 40 two(2)intersecting rights-of-ways and must have an uninterrupted lot frontage. 41 3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway 42 is thirty-five(35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction 43 where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of 44 these regulations.Height bonus may be granted through participation in the Workforce Housing Program. 45 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts 46 any other MU or residential zoning district not separated by a right-of-way. 47 5. Plus one(1)additional foot for each foot of height over thirty-five(3 5)feet. 48 6. Where there is an intervening right-of-way of at least forty(40)feet. 49 7. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in 50 conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or 51 when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a 52 factor of roadway type and CRA district,which determines the minimum-width and design of the PZ.Elxe€pt 53 f the r, ,,,.,t ,, ,Pict iet,wher-e tThe minimum PZ,,,:a.,, : 18',the„ ,n4: all @94er-&44ets if 16 ft 54 is comprised of three components: i)a five(5)foot wide street tree area,measured from the back of the curb. 3 Page 435 of 541 55 or future curb on roads requiring a right-of-wav dedication, 2)an eight(8)foot wide sidewalk(10 foot wide 56 sidewalk when located within the Downtown District,as defined by the Community Redevelopment Area 57 Plan),free from obstructions,measured from the centerline of street trees,and 3)an eight(8)foot wide active 58 area,measured from the sidewalk.The PZ components mai vM in placement order only on sites with 59 conflicting right-of-wav regulations. See Section 5.C.2.below for additional relief provisions from build-to 60 line requirements. - See Section 5.C.2.below for additional relief provisions from build-to line requirements. 61 8. Locally registered historic structures are not required to meet these standards. 62 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be 63 devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III, Section 8 64 for additional regulations. 65 10. Projects within the Downtown Transit-Oriented Development District(the Station Area)tFa 4+@-Fe-shall 66 have minimum densities as follows:MU-1 -eleven fifteen(4415),MU-2=twenty-five(29�25),MU-3 67 thirty-five(34335 ,MU-4-for #4�-five(4-5-4� and MU-C-six € 4y (44!LO)dwellings per acre,{€ 68 69 11. Projects within the Downtown Transit-Oriented Development District(the Station Area)t&-&Y,4+@-Fe–shall 70 have a minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two (2.0), 71 Jesl 3. 72 U _Maximum FAR for M -3 may be increased to 5 if abutting property with the Mixed Use High future 73 land use classification. 74 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the 75 Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the 76 underlying zoning district through participation in the City's Workforce Housing Program. 77 13. Mixed use projects within urban mixed use zoning districts will meet ground floor 78 COMMERCIAL USE requirement by including commercial uses serving the general public such as 79 retail,restaurants,bars, entertainment,personal services, and offices. Resident-only serving 80 amenities such as lounges, gyms, common rooms, and recreation spaces may be included in addition 81 to the above uses,but shall not fulfill the commercial requirement. 82 83 14. Residential-only projects within MU-1, MU-2, and MU-3 zoning districts located within the 84 Federal Highway District and the Heart of Boynton District, as defined by the Community 85 Redevelopment Area Plan,will meet ACTIVE USE requirement by using design features- 86 including street-fronting access—to allow residential use to engage with the street and provide the 87 opportunity for interaction. Such features may be combined with building amenities such as lounges, 88 gyms, common rooms, and recreation spaces on the ground floor 89 90 ... 91 Sec. 2. Residential Districts. 92 ... 93 H. IPUD Infill Planned Unit Development District. 94 ... 95 3. Building and Site Regulations (Table 3-12). The following building/site regulations 96 apply to the entire IPUD development. 97 BUILDING/SITE REGULATIONS IPUD District 4 Page 436 of 541 Minimum project area: None Maximum project area: Less than 5 acres Minimum lot frontage': Flexible' Minimum perimeter yard setback: Front: Flexible' Rear: Flexible' Interior side: Flexible' Corner side: Flexible' Maximum lot coverage: 50% Minimum usable open space(per dwelling unit): 200 square feet Maximum structure height: 45 feet' 98 99 100 ' Individual lots within an IPUD development contain flexible standards relative to minimum required lot 101 frontage and lot area for each unit. Pursuant to Chapter 3,Article IV, Section 3.13.,a marina use shall require a 102 minimum lot frontage of one hundred fifty(150)feet and a minimum average width of two hundred(200)feet. 103 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single- 104 family residential zoning. Where adjacent to single-family residential zoning,the required perimeter building 105 setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the orientation of 106 structures with said development. Also,perimeter buildings shall have an increased setback of one(1) 107 additional foot for every foot of building height in excess of thirty (30)feet. If vegetation, screening,or other 108 barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses,the city 109 may grant some relief from the aforementioned requirement. A structure shall be considered to be on the 110 perimeter if there is no intervening building between it and the property line. Project design along abutting 111 roadway(s),including setbacks,shall be based on existing development patterns or applicable recommendation 112 from the respective development plan. 113 3 A lesser building height maybe required for compatibility with adjacent development. See Note#2 above 114 for additional setback requirements relative to building height. 115 . 116 117 ... 118 Sec. 5. Mixed-Use (Urban) Districts. 119 A. General. 120 ... 121 3. Location and General Use Requirements. 122 a. General. The mixed use (urban) districts are intended for projects that promote 123 sustainable design with respect to land use, energy conservation, resource management, and 124 social equity. Rezoning to any of these districts is encouraged for proposed development or 125 redevelopment on lands that are in close proximity to existing infrastructure,public and 5 Page 437 of 541 126 alternative transportation routes and modes, employment centers, community areas, or have 127 sustained or are complicated by environmental contamination. 128 The mixed use (urban) zoning districts shall be applied to selected geographic areas 129 east of I-95, where a mixture of uses and building intensities is intended to implement the 130 CRA Community Redevelopment Plan and urban design guidelines including goals 131 involving compact design, transit-oriented development, employment,population, 132 transportation, housing,public facilities, and environmental quality. Permitted uses and 133 associated standards for development vary between the zoning districts each reflecting the 134 importance of the district's location and relationship to the downtown. Maximum heights, 135 densities, and intensities of development are regulated to achieve, in part, the intended 136 vision as established within the CRA Community Redevelopment Plan for each of the six 137 planning districts, while ensuring land use compatibility. A master plan as a whole, 138 comprised of individual buildings and parcels, would be reviewed for compliance with the 139 requirements below pertaining to a residential component to the project, Active, and 140 Ceommercial uses on the first floor of a project. 141 b. Mixed Use 1 (MU-1), Mixed Use 2 (MU-2), and Mixed Use 3 (MU-3). 142 (1) In order to complement the revitalization efforts in the downtown area, these 143 zoning districts shall be applied to lands consistent with the Comprehensive Plan Future 144 Land Use Map and CRA Community Redevelopment Plan. See the Community 145 Redevelopment Plan for specific recommendations on locations and boundaries. 146 (2) These MU districts are appropriate for low-to mid-rise developments that 147 provide for medium density residential and low to medium intensity commercial and office 148 uses. 149 (3) The review of these applications will emphasize compactness, aesthetics and 150 design quality, and physical compatibility with adjacent land uses. 151 (4) Except where limited by Table 3-22 in Chapter 3, Article III, Section S.C., all 152 new developments within the MU-1 and MU-2 districts that contain a non-residential use 1153 shall front on streets designated as "arterial", or "collector'-', roadways on the Functional 154 Classification of Roadways Map. All projects within the MU-3 district proposed within the 155 transit core must contain a residential component, and all projects proposed within these 156 Mixed Use intensity districts that front on an arterial road must have space on the first floor 1157 devoted to Ceommercial or a*A-active uses. 158 (5) Maximum height may be further limited in certain geographic areas to further 159 applicable redevelopment plans and maintain compatibility with an abutting single-family 160 district. 161 c. Mixed Use-4 (MU-4). 162 (1) The Mixed Use 4 (MU-4) district shall only be applied to land classified as 163 mixed use-high(MXH) on the future land use map as recommended by the Community 164 Redevelopment Plan. 165 (2) The MU-4 district is appropriate for high density/intensity development 166 intended for designated nodes. Such developments shall include a mix of uses designed in a 167 compact vertical style. Developments proposed within the Downtown Transit-Oriented 168 Development District(the Station Area) must contain a residential component and have 169 space on the first floor devoted to commercial uses for those portions of the project having 1170 frontage along a collector Glee ,, ^.ven ,a or an arterial road. 171 (3) All new developments within this district shall front on streets designated as 6 Page 438 of 541 172 "arterial" roadways on the Functional Classification of Roadways Map. 173 d. Rezoning of single-family districts. All requests to rezone any single-family 174 residential district to a mixed use zoning district shall be subject to the following additional 175 requirements: 176 (1) Height, density and intensity of development shall be consistent with the CRA 177 Redevelopment Plan for the applicable district;, 178 (2) Ratio of lot frontage to depth that is no more than one (1) foot(frontage)to one 179 and one-quarter(1.25) foot(depth); 180 (3) Vehicular access to the property located to minimize impacts on adjacent single- 181 family developments and meet safety standards; and 182 (4) Landscape barriers provided, in accordance with the landscape regulations of 183 this Code, where the rezoned property abuts single-family residential zoning. 184 e. Mixed Use Core (MU-C). 185 (1) The Mixed Use C (MU-C) district shall only be applied to lands classified as 186 mixed use-high(MX-H) on the future land use map. 187 (2) The MU-C district is appropriate for high density/intensity development 188 intended for the downtown area. Such developments shall include a mix of uses designed in 189 a compact vertical style. Developments proposed within the Downtown Transit-Oriented 190 Development District(the Station Area) must contain a residential component and have 191 space on the first floor devoted to commercial uses for those portions of the project having 1192 frontage along a collector n,.ea A.ven to or an arterial road. 193 (3) All new developments within this district shall front on streets designated as 194 "arterial" roadways on the Functional Classification of Roadways Map. 195 f. Rezoning of single-family districts. All requests to rezone any single-family 196 residential district to a mixed use zoning district shall be subject to the following additional 197 requirements: 198 (1) Height, density and intensity of development based on the standards indicated in 199 Table 3-22; 200 (2) Ratio of lot frontage to depth that is no more than one (1) foot(frontage)to one 201 and one-quarter(1.25) foot(depth); 202 (3) Vehicular access to the property located to minimize impacts on adjacent single- 203 family developments and meet safety standards; and -MIXED USE,URBAN 13,14 MU-1 MU-2 MU-3 MU-4 MU-C (Overlay regulations may apply.See Section 8 below.) Lot Area,Minimum(acres): Public park: N/A N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 1002 150' 2002 2002 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)' 55 65 75 100 150/125' Maximum Density(DUs/Acre)L0 1' 20 40 50 60 80 Maximum F.A.R.11 2.5 3.0 3.0 4.0 4.0 7 Page 439 of 541 Build-to-line(ft.)': All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street o' o' o' o' o' Interior side 0' 0' 0' 0' 0' Building Setbacks,Minimum(ft.)': Rear abutting Residential single-family 255/05.6 255 255 255 255 Intracoastal waterway 25 25 25 25 25 Side abutting Residential single-family: 255/05,6 255 255 255 255 Usable Open Space,Minimum(sq.ft.)' N/A N/A 0.5%1 1% 2% 204 205 (4) Landscape barriers provided, in accordance with the landscape regulations of 206 this Code, where the rezoned property abuts single-family residential zoning. 207 B. Use(s)Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.1). 208 C. Building and Site Regulations. 209 1. Building and Site Regulation (Table 3-22). 210 211 1. May be reduced if frontage extends from right-of-way to right-of-way. 212 2. d-. Project sites must front on two(2)intersecting rights-of-ways and must have an uninterrupted 213 lot frontage. 214 3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway 215 is thirty-five(35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction 216 where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of 217 these regulations.Maximum heights may be increased in the DTODD through participation in the Workforce 218 Housing Program. 219 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts 220 any other MU or residential zoning district not separated by a right-of-way. 221 5. Plus one(1)additional foot for each foot of height over thirty-five(35)feet. 222 6. Where there is an intervening right-of-way of at least forty(40)feet. 223 7. Buildings and structures shall be located no farther than zero(0)feet from the property line, except in 224 conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or 225 when additional setback is necessary to provide for required"Pedestrian Zone" (PZ).Building placement is a 226 factor of roadway type and CRA district,which determines the minimum width and design of the PZ.The 227 minimum PZ is comprised of three components: 1)a five(5)foot wide street tree area,measured from the back 228 of the curb,or future curb on roads requiring a right-of-way dedication,2)an eight(8)t&4&H-(444)foot wide 229 sidewalk(10 foot wide sidewalk when located within the Downtown District,as defined by the Community 230 Redevelopment Area Plan),free from obstructions,measured from the centerline of street trees,and 3)an 231 eight(8)foot wide active area,measured from the sidewalk.The PZ components may vary in placement order 232 only on sites with conflicting right-of-way regulations. See Section 5.C.2.below for additional relief 233 provisions from build-to line requirements. 8 Page 440 of 541 234 8. Listed eligible historic structures are not required to meet these standards. 235 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be 236 devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III, Section 8 237 for additional regulations. 238 10. Projects within the Downtown Transit-Oriented Development District(the Station Area) 239 have minimum densities as follows:MU-I -eleven fifteen(I54-�),MU-2=twenty-five(2524),MU-3 240 thirty-five(3534),MU-4=fo . -five•' (45�)and MU-C-six €ems(6044)dwellings per acre. 24141441 the e+4;- 242 11. Projects within the Downtown Transit-Oriented Development District(the Station Area) 243 have a minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two (2.0), 244 (e�ieept that+oJ_Jn+ti+o FAR for-the MU G dist+Jet applies 245 246 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the 247 Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the 248 underlying zoning district through participation in the City's Workforce Housing Program.... 249 13. Mixed use Projects within urban mixed use zoning districts will meet ground floor 250 COMMERCIAL USE requirement by including commercial uses serving thee�public such as 251 retail,restaurants,bars, entertainment,Personal services, and offices. Resident-only serving 252 amenities such as lounges, gyms, common rooms, and recreation spaces may be included in addition 253 to the above uses,but shall not fulfill the commercial requirement. 254 255 14. Residential-only projects within MU-1, MU-2, and MU-3 zoning districts located within the 256 Federal Highway District and the Heart of Boynton District, as defined by the Community 257 Redevelopment Area Plan,will meet ACTIVE USE requirement by using design features- 258 including street-fronting access—to allow residential use to engage with the street and provide the 259 opportunity for interaction. Such features may be combined with building amenities such as lounges, 260 gyms, common rooms, and recreation spaces on the ground floor 261 9 Page 441 of 541 262 .. 263 Sec. 8. Overlay Zones 264 265 A. Martin Luther King Jr. Boulevard Overlay 266 1. Intent. This overlay identifies a segment of the Martin Luther King Jr. Boulevard as 267 an opportunity for redevelopment and revitalization. The ultimate design and site standards 268 of this section are intended to create a traditional street corridor with pedestrian 269 improvements, storefronts along the sidewalk, and a mixture of uses. The corridor is to 270 contain an ambience supported by pleasant signage and building appearance,potted 271 landscaping, store windows and public open spaces. This overlay is also appropriate for 272 development of small properties to allow for consistency with the vision represented by the 273 respective mixed use zoning district, and/or as an interim redevelopment mechanism until 274 greater redevelopment occurs using the respective mixed use zoning district. All 275 development within the Martin Luther King Jr. Boulevard corridor shall occur according to 276 the provisions of the adopted plan as stated below. 277 2. Defined. The Martin Luther King Jr. Boulevard Overlay (MLKBO) is hereby 278 established as the area defined by the parcels fronting on that portion of the Boulevard 1279 located east of Seacrest Boulevard and west of the railroad right-of-way, along with those 280 parcels adjacent to the north and south of these parcels that front on the Boulevard if 281 assembled and developedt as a unified project. Also included in the Overlay are the 282 parcels with commercial underlying zoning oning located between NE 9th Avenue and NE 1 lth 283 Avenue. - 284 3. Use(s). Commercial Uses on the Ground Floor shall be required on the street 285 frontage of MLK Jr. Boulevard. Allowed. T��«��-1-1-aptef3�� TI' 286 287 a. Uses shall be determined by the underlying zoning oning district, see "Use Matrix 288 Table 3-28" in Chapter 3, Article IV, Section 3.D, with the exception of the 289 following prohibited uses: 290 Dwelling, Single- family (detached) 291 Dwelling, Two-family (duplex) 292 Automobile Rental 293 Automotive, Major Repair 294 Automotive, Minor Repair 295 Auto/Car Wash, Self- serve-Bq 296 Auto Dealer, New 297 Auto Dealer, Used 298 Auto/Car Wash (Polishing, Waxing, Detailing) 299 Automotive Window Tinting/Stereo Installation/Alarms 300 Drive-thru facilities 301 Gasoline Station 302 Group homes Type I, II, III, and IV 303 Adult entertainment 304 305 b. Any other automobile-oriented uses not listed above are prohibited. 10 Page 442 of 541 306 (1) An "automobile oriented use" shall be construed as a business which has 307 a principal purpose of servicing an automobile or consists of a building 308 type or feature which is designed for an automobile, such as drive-thru 309 facilities. 310 c. Live-work units are permitted, but may not front MLK Jr. Boulevard and do not 311 replace the required Commercial Uses on Ground Floor. 312 d. Additionally, no leery existing use shall be deemed non-conforming as a 313 result of the MLKBO regulations. 314 315 4. Building and Site Regulations. Development within this overlay shall be in 316 accordance with building and site regulations applicable to the underlying zoning district 317 except as follows: 318 a. Parcels that have frontage along Martin Luther King Jr. Boulevard, Seacrest 319 Boulevard, or NE 3rd Street shall provide for the required "Pedestrian Zone" (PZ). 320 The minimum PZ is comprised of three components: 1) a five (5) foot wide street 321 tree area, measured from the back of the curb, or future curb on roads requiring a 322 right-of-way dedication, 2) an eight(8) foot wide sidewalk, free from obstructions, 1323 measured from the centerline of street trees, and 3) an five 5 eig4 -foot wide 324 active area, measured from the sidewalk. The PZ components may vary in 325 placement order only on sites with conflicting right-of-way regulations. See 326 Section 5.C.2. below for additional relief provisions from build-to line 327 requirements. 328 b. Notwithstanding the required build-to line and pedestrian zone requirements, 329 portions of buildings and structures may be constructed in excess of the distance 330 specified above, but not to exceed 15 feet when necessary to 1) optimize landscape 331 design; 2) maximize on-site drainage solutions; 3) accommodate architectural 332 features and building enhancements; and/or 4)to otherwise enhance public spaces 333 such as sidewalks,plazas, fountains, or outdoor seating areas in order to further the 334 purpose and intent of the Overlay. Major deviations from the build-to line 335 requirement above (in excess of 15 feet) may be allowed, but only with sufficient 336 justification and contingent upon the approval of a Community Design Appeal 337 application (see Chapter 2, Article 11, Section 43). 338 c. Minimum interior side,-ate corner side, and rear setbacks and Feaf Rati ',R shall be 339 in accordance with the Mixed Use 1 zoning district(see Section S.C. above). 340 d. Maximum building height shall be shall be in accordance with the Mixed Use 1 341 zoning district(see Section S.C. above)fif';hive !«` feat'. Buildings fronting Martin Luther 342 King Jr. Boulevard shall be a maximum of thirty-five (35) feet consistent for a depth of ten 343 (10)feet. 344 e. Minimum building height shall be thirty (30) feet. 345 5. Parking. As required by Chapter 4, Article V, Section 3.D. 346 6. Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.B.5. 347 348 ... 349 ii Page 443 of 541 350 C. Cultural District Overlay 351 ... 1352 4. Uses. AeCommercial Uses on Ground Floor shall be required on the street 353 frontage of Ocean Avenue. 354 ... 355 D. Boynton Beach Boulevard Overlay (BBBO) 356 ... 1357 4. Uses: A Commercial Uses on Ground Floor shall be required on the street 358 frontage of Boynton Beach Boulevard. 359 12 Page 444 of 541 360 361 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3, 362 "Zoning", Article IV"Use Regulations" is hereby amended as follows: 363 364 ARTICLE IV. USE REGULATIONS 365 ... 366 Sec. 3. Use Regulations. 367 ... 368 D. Use Matrix (Table 3-28). P Permitted Residential Commercial Mixed-Use Indus Misc C Conditional A Accessory t-rial RESIDENTIAL&LODGING Accessory Dwelling P P P P P P P P Unit 36 36 36 36 36 36 24 24 36 36 Bed&Breakfast C C C C C C C 37 37 37 37 37 37 37 Dwelling,Single- P P P P P P P P P R P A A family(detached) 34 34 34 34 34 4-9 34 34 4-9 34 28 24 1 4-9 34 Dwelling,Two- P P P P P g R 16i R P P P P C A A family(duplex) k4 34 44 28 2& 34 4-9 38 38 34 34 34 Dwelling,Multi- P P P P R R 461 R P P P P R R P A A family(including 4-4 24 44 4-9 44 24 44 44 24 24 34 4 4 27 241 24 Townhomes) 4-9 �4 �4 6 6 6 34 44 44 34 Dwelling Units in R g P P P P P P P P A A Mixed Use Buildings 44 4-9 34 34 34 34 34 6 6 27 28 24 44 4-9 6 6 6 34 34 34 34 34 Group Home Type 1 P P P P P P (2 per room up to 10 40 40 40 40 40 40 residents,limited service) Group Home Type 2 P C C C (2 per room up to 14 14 40 40 40 residents,limited 40 service) Group Home Type 3 C C C C C P P C C C C (comprehensive 14 14 40 40 40 40 40 40 40 40 40 service) 40 40 Hotel&Motel P P P P C C C C P P P 41 41 41 41 41 41 41 41 141 141 41 13 Page 445 of 541 P P P P P P P P P P P P P P Home Occupations 34 34 34 34 34 34 34 34 34 34 34 34 34 34 Live-Work Units P P P P P P P 42 42 42 42 42 42 27 Manufactured Home P 4 g g 4 g 4 � 4 4 g g 4 g 4 4 A 4 4-9 34 34 4-9 34 34 34 34 34 34 34 34 34 2-7- a-4 24 34 4-9 34 34 34 34 369 ... 370 6. General Note. This use is subject to requirements of Commercial/ Active uses on 371 Ground Floor. 372 373 otheizwise, ii sappr-ovalshall b He 1-1-H-4-1 374 a. Mixed-use projects within urban mixed-use zoning districts will meet the 375 requirement for the Commercial Uses on Ground Floor by including commercial 376 uses serving the general public such as retail, restaurants, bars, entertainment, 377 personal services, and office. 378 b. Residential-only projects within MU-1,MU-2 and MU-3 zoning districts located 379 within the Federal Highway District and the Heart of Boynton District(as defined 380 by the CRA Community Redevelopment Plan)will meet the requirement for the 381 Active Uses on Ground Floor by using recommended design features. 382 ... - - 383 20. Reserved. 384 C.,,,,,,,,S l0eat d , ,:41,:. 41 n o A o n. eFla- gone 385 ... 386 38. Reserved. 387 388 389 n 2 di-44et FegidlatiffilS. jPofL cr3 A 4:cie�Tr�Seetie" .& 390 391 39. Reserved.Dwelling, Maki Family. 392 393 394 . 395 ... 396 41. Hotel & Motel (includes Boatiefide, Extended-stay, "x.,.-4.,,0.,4 T:.,, sb 397 ). 398 1399 a. 400 BO'dtkfide hotels aFe „t ksteas d o s€ 401 402 403 404 405 C. GBD Distfiet. n r.,<.4,,, n4 hotel. tie 406 a1. 14 Page 446 of 541 407 1408 409 t4 tis aFe „4 r:�to .."I uses. 410 411 e-a. SMU District. Hotels require conditional use approval. Algai4ineaf 1—f-1, 412 Motels 413 are prohibited uses. 414 415 fib. MU-1 District, MU-2 District, and MU-3 District_ and MU ^ Distfiet Hotels 416 require conditional use approval. . 417 Motels are prohibited uses. 418 419 g. MU-4 District and MU-C District. 420 appf;ai'a4 and ffinst be 421 e Keened thiFr, PeFeell \ Of the SSS fOOF Of the-- _- a_ 422 . Motels 423 are prohibited uses. 424 425 h. PID district. This non-industrial use is allowed within the PID district provided 426 it is located on a lot that has a Hotel (H) land use option. 427 428 Section 4. Each and every other provision of the Land Development Regulations 429 not herein specifically amended, shall remain in full force and effect as originally adopted. 430 Section 5. All laws and ordinances applying to the City of Boynton Beach in 431 conflict with any provisions of this ordinance are hereby repealed. 432 Section 6. Should any section or provision of this Ordinance or any portion 433 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 434 affect the remainder of this Ordinance. 435 Section 7. Authority is hereby given to codify this Ordinance. 436 Section 8. This Ordinance shall become effective immediately. 437 FIRST READING this day of , 2019. 438 15 Page 447 of 541 439 SECOND, FINAL READING AND PASSAGE this day of , 2019. 440 CITY OF BOYNTON BEACH, FLORIDA 441 442 YES NO 443 444 Mayor— Steven B. Grant 445 446 Vice Mayor—Justin Katz 447 448 Commissioner—Mack McCray 449 450 Commissioner—Christina L. Romelus 451 452 Commissioner—Ty Penserga 453 454 VOTE 455 456 ATTEST: 457 458 459 460 461 Crystal Gibson, MMC 462 City Clerk 463 464 465 466 (Corporate Seal) 467 16 Page 448 of 541 1 2 ORDINANCE NO. 19- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 6 AMENDING THE LAND DEVELOPMENT REGULATIONS 7 CHAPTER 3 "ZONING", ARTICLE III. "ZONING DISTRICTS", 8 ARTICLE IV, "USE REGULATIONS"; PROVIDING FOR 9 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the Boynton Beach CRA Community Redevelopment Plan, adopted 14 on October 4th, 2016,recommended significant changes to the structure of the future land use 15 (FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific 16 design standards; and 17 WHEREAS, the proposed amendments constitute the third revision of the LDRs, 18 following the amendments adopted on May 16, 2019; and 19 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing whereas clauses are true and correct and are now ratified 22 and confirmed by the City Commission. 23 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 24 "Zoning", Article III"Zoning Districts" is hereby amended as follows: 25 26 CHAPTER 3. ZONING 27 ARTICLE III. ZONING DISTRICTS AND OVERLAYS 28 Sec. 1. Overview. 29 ... 30 C. Non-Residential Building and Site Regulations (Table 3-2). NON-RESIDENTIAL C CC-3 C CB PCD M PID RE PU 1 2 4 D 1 C S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx i Page 449 of 541 Density(dwelling units per acre): N/A A A N/ N/ N/A Flexible' N/_ A N/A N/A N/A N/A Project Area,Minimum(acres) N/A A/ N/A A/ N/A 311 N/A 2511 A/ N/A Lot Area-pef4mit,Minimum(square 9,0 5,0 15,0 5,00 15,0 Flexible 10,0 Flexible 43'5 8,000 feet): pp 00 00 o pp exe exe o0 60 Lot Frontage,Minimum: 75 50 75 50 75 Flexible 0 Flexible 100 75 Lot Depth,Minimum: 120 p N/A 100 100 N/A N/A N/A A/ N/A Lot Coverage,Maximum: o /o /o /o A Floor-Area-Ratio(FAR),Maximum: 0.4 p.5 0.50 p.5 N/A 0.50 0.50 0.50 0.5 0 1.00 Structure Height,Maximum(feet): 309 25 45 45 45 45 45 45 45 45 Building Setbacks,Minimum(feet)14: Front 30 30 20 25 0 40 15 30 25 2513 Rear 20 20 20' 205 206 40 203 30 25 2513 Interior side 10 15 01 155 0 30 15' 20 25 1513 Corner side 10 20 20 155 8' 30 15 30 25 1513 Building Setbacks,Minimum if abutting a residential district(feet)14: Rear 30 30 30 30 N/A N/A 30 N/A A/ 30 Interior side 30 30 30 30 N/A N/A 30 N/A A/ 30 Corner side 30 30 30 30 N/A N/A N/A N/A A/ N/A Waterfront yard N/A A/ N/A A/ 88 N/A N/A N/A A/ N/A 31 32 33 ... 34 35 36 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx 2 Page 450 of 541 37 E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE,URBAN13=14 MU- MU- MU-1 MU-2 3 4 MU-C Lot Area,Minimum(acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100= 150' 200= 200' Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)3 45 65 75 100 150/125' Maximum Density(DUs/Acre)",lz 20 40 50 60 80 Maximum F.A.R." 1.0 2.0 3.0 4.0 4.0 Build-to-line(ft.)' All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' Building Setback,Minimum(ft.)8 Rear abutting: Residential single-family 255/05.6 255 255 255 255 Intracoastal waterway 255 255 255 255 255 Side abutting Residential single-family 255/05.6 255 255 255 255 Usable Open Space,Minimum(sq.ft.)' N/A N/A 1% 2% 0.5% 38 39 40 1. May be reduced if frontage extends from right-of-way to right-of-way. 41 2. A4;,,;,,,,,, „f f:�, ,, r. n , ,, 1,,, ,, Project sites must fronton 42 two(2)intersecting rights-of-ways and must have an uninterrupted lot frontage. 43 3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway 44 is thirty-five(35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction 45 where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of 46 these regulations.Height bonus may be granted through participation in the Workforce Housing Program. 47 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts 48 any other MU or residential zoning district not separated by a right-of-way. S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx 3 Page 451 of 541 49 5. Plus one(1)additional foot for each foot of height over thirty-five(3 5)feet. 50 6. Where there is an intervening right-of-way of at least forty(40)feet. 51 7. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in 52 conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or 53 when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a 54 factor of roadway type and CRA district,which determines the minimum-width and design of the PZ.Elxe€pt 55 for-the r, .,,.,. ., ,rust, et,wher-e.The minimum PZ-1yidtr, Js r Q',the+ ,PZ: all @94er-&44ets if 16 ft 56 is comprised of three components: 1)a five(5)foot wide street tree area,measured from the back of the curb, 57 or future curb on roads requiring a right-of-wav dedication, 2)an eight(8)foot wide sidewalk(10 foot wide 58 sidewalk when located within the Downtown District,as defined by the Community Redevelopment Area 59 Plan),free from obstructions,measured from the centerline of street trees,and 3)an eight(8)foot wide active 60 area,measured from the sidewalk.The PZ components mai vM in placement order only on sites with 61 conflicting right-of-wav regulations. See Section 5.C.2.below for additional relief provisions from build-to 62 line requirements. - See Section 5.C.2.below for additional relief provisions from build-to line requirements. 63 8. Locally registered historic structures are not required to meet these standards. 64 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be 65 devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III, Section 8 66 for additional regulations. 67 10. Projects within the Downtown Transit-Oriented Development District(the Station Area)4a &4+@—Fe-shall 68 have minimum densities as follows:MU-1 -eleven fifteen(4415),MU-2=twenty-five(29�25),MU-3 69 thirty-five(34335 ,MU-4-for #4�-five(4-5-4� and MU-C-six €e#y (44!LO)dwellings per acre,{€ 70 71 11. Projects within the Downtown Transit-Oriented Development District(the Station Area)t&-&Y,4+@-Fe–shall 72 have a minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two (2.0), 73 (e�ieept that+oJ_Jn+ti+o FAR for-the MU G dist+Jet applies 74 ._Maximum FAR for MU-3 maybe increased to 3.5 if abutting property with the Mixed Use High future 75 land use classification. 76 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the 77 Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the 78 underlying zoning district through participation in the City's Workforce Housing Program. 79 13. Mixed use projects within urban mixed use zoning districts will meet ground floor 80 COMMERCIAL USE requirement by including commercial uses serving thee�public such as 81 retail,restaurants,bars, entertainment,personal services, and offices. Resident-only serving 82 amenities such as lounges, gyms, common rooms, and recreation spaces may be included in addition 83 to the above uses,but shall not fulfill the commercial requirement. 84 85 14. Residential-only projects within MU-1, MU-2, and MU-3 zoning districts located within the 86 Federal Highway District and the Heart of Boynton District, as defined by the Community 87 Redevelopment Area Plan,will meet ACTIVE USE requirement by using design features- 88 including street-fronting access—to allow residential use to engage with the street and provide the 89 opportunity for interaction. Such features may be combined with building amenities such as lounges, 90 gyms, common rooms, and recreation spaces on the ground floor 91 92 ... S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx 4 Page 452 of 541 93 Sec. 2. Residential Districts. 94 ... 95 H. IPUD Infill Planned Unit Development District. 96 ... 97 3. Building and Site Regulations (Table 3-12). The following building/site regulations 98 apply to the entire IPUD development. 99 BUILDING/SITE REGULATIONS IPUD District Minimum project area: None Maximum project area: Less than 5 acres Minimum lot frontage': Flexible' Minimum perimeter yard setback: Front: Flexible' Rear: Flexible' Interior side: Flexible' Corner side: Flexible' Maximum lot coverage: 50% Minimum usable open space(per dwelling unit): 200 square feet Maximum structure height: 45 feet' 100 101 102 ' Individual lots within an IPUD development contain flexible standards relative to minimum required lot 103 frontage and lot area for each unit. Pursuant to Chapter 3,Article IV, Section 3.13.,a marina use shall require a 104 minimum lot frontage of one hundred fifty(150)feet and a minimum average width of two hundred(200)feet. 105 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single- 106 family residential zoning. Where adjacent to single-family residential zoning,the required perimeter building 107 setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the orientation of 108 structures with said development. Also,perimeter buildings shall have an increased setback of one(1) 109 additional foot for every foot of building height in excess of thirty(30)feet. If vegetation, screening,or other 110 barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses,the city 111 may grant some relief from the aforementioned requirement. A structure shall be considered to be on the 112 perimeter if there is no intervening building between it and the property line. Project design along abutting 113 roadway(s),including setbacks,shall be based on existing development patterns or applicable recommendation 114 from the respective development plan. 115 3 A lesser building height maybe required for compatibility with adjacent development. See Note#2 above 116 for additional setback requirements relative to building height. 117 . S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx 5 Page 453 of 541 118 119 ... 120 Sec. 5. Mixed-Use (Urban) Districts. 121 A. General. 122 ... 123 3. Location and General Use Requirements. 124 a. General. The mixed use (urban) districts are intended for projects that promote 125 sustainable design with respect to land use, energy conservation, resource management, and 126 social equity. Rezoning to any of these districts is encouraged for proposed development or 127 redevelopment on lands that are in close proximity to existing infrastructure,public and 128 alternative transportation routes and modes, employment centers, community areas, or have 129 sustained or are complicated by environmental contamination. 130 The mixed use (urban) zoning districts shall be applied to selected geographic areas 131 east of I-95, where a mixture of uses and building intensities is intended to implement the 132 CRA Community Redevelopment Plan and urban design guidelines including goals 133 involving compact design, transit-oriented development, employment,population, 134 transportation, housing,public facilities, and environmental quality. Permitted uses and 135 associated standards for development vary between the zoning districts each reflecting the 136 importance of the district's location and relationship to the downtown. Maximum heights, 137 densities, and intensities of development are regulated to achieve, in part, the intended 138 vision as established within the CRA Community Redevelopment Plan for each of the six 139 planning districts, while ensuring land use compatibility. A master plan as a whole, 140 comprised of individual buildings and parcels, would be reviewed for compliance with the 141 requirements below pertaining to a residential component to the project, Active, and 142 Csommercial uses on the first floor of a project. 143 b. Mixed Use 1 (MU-1), Mixed Use 2 (MU-2), and Mixed Use 3 (MU-3). 144 (1) In order to complement the revitalization efforts in the downtown area, these 145 zoning districts shall be applied to lands consistent with the Comprehensive Plan Future 146 Land Use Map and CRA Community Redevelopment Plan. See the Community 147 Redevelopment Plan for specific recommendations on locations and boundaries. 148 (2) These MU districts are appropriate for low-to mid-rise developments that 149 provide for medium density residential and low to medium intensity commercial and office 150 uses. 151 (3) The review of these applications will emphasize compactness, aesthetics and 152 design quality, and physical compatibility with adjacent land uses. 153 (4) Except where limited by Table 3-22 in Chapter 3, Article III, Section S.C., all 154 new developments within the MU-1 and MU-2 districts that contain a non-residential use 1155 shall front on streets designated as "arterial", or-''collector'-', roadways on the Functional 156 Classification of Roadways Map. All projects within the MU-3 district proposed within the 157 transit core must contain a residential component, and all projects proposed within these 158 Mixed Use intensity districts that front on an arterial road must have space on the first floor 1159 devoted to Ceommercial or a*A-active uses. 160 (5) Maximum height may be further limited in certain geographic areas to further 161 applicable redevelopment plans and maintain compatibility with an abutting single-family 162 district. S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx 6 Page 454 of 541 163 c. Mixed Use-4 (MU-4). 164 (1) The Mixed Use 4 (MU-4) district shall only be applied to land classified as 165 mixed use-high(MXH) on the future land use map as recommended by the Community 166 Redevelopment Plan. 167 (2) The MU-4 district is appropriate for high density/intensity development 168 intended for designated nodes. Such developments shall include a mix of uses designed in a 169 compact vertical style. Developments proposed within the Downtown Transit-Oriented 170 Development District(the Station Area) must contain a residential component and have 171 space on the first floor devoted to commercial uses for those portions of the project having 1172 frontage along a collector Glee ,, Aveatte or an arterial road. 173 (3) All new developments within this district shall front on streets designated as 174 "arterial" roadways on the Functional Classification of Roadways Map. 175 d. Rezoning of single-family districts. All requests to rezone any single-family 176 residential district to a mixed use zoning district shall be subject to the following additional 177 requirements: 178 (1) Height, density and intensity of development shall be consistent with the CRA 179 Redevelopment Plan for the applicable district;, 180 (2) Ratio of lot frontage to depth that is no more than one (1) foot(frontage)to one 181 and one-quarter(1.25) foot(depth); 182 (3) Vehicular access to the property located to minimize impacts on adjacent single- 183 family developments and meet safety standards; and 184 (4) Landscape barriers provided, in accordance with the landscape regulations of 185 this Code, where the rezoned property abuts single-family residential zoning. 186 e. Mixed Use Core (MU-C). 187 (1) The Mixed Use C (MU-C) district shall only be applied to lands classified as 188 mixed use-high(MX-H) on the future land use map. 189 (2) The MU-C district is appropriate for high density/intensity development 190 intended for the downtown area. Such developments shall include a mix of uses designed in 191 a compact vertical style. Developments proposed within the Downtown Transit-Oriented 192 Development District(the Station Area) must contain a residential component and have 193 space on the first floor devoted to commercial uses for those portions of the project having 1194 frontage along a collector Glee ,, Aveatte or an arterial road. 195 (3) All new developments within this district shall front on streets designated as 196 "arterial" roadways on the Functional Classification of Roadways Map. 197 f. Rezoning of single-family districts. All requests to rezone any single-family 198 residential district to a mixed use zoning district shall be subject to the following additional 199 requirements: 200 (1) Height, density and intensity of development based on the standards indicated in 201 Table 3-22; 202 (2) Ratio of lot frontage to depth that is no more than one (1) foot(frontage)to one 203 and one-quarter(1.25) foot(depth); 204 (3) Vehicular access to the property located to minimize impacts on adjacent single- 205 family developments and meet safety standards; and 206 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx 7 Page 455 of 541 -MIXED USE,URBAN 13,14 MU-1 MU-2 MU-3 MU-4 MU-C (Overlay regulations may apply.See Section 8 below.) Lot Area,Minimum(acres): Public park: N/A N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 1002 150' 2002 2002 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)' 55 65 75 100 150/125' Maximum Density(DUs/Acre)L0 1' 20 40 50 60 80 Maximum F.A.R.11 2.5 3.0 3.0 4.0 4.0 Build-to-line(ft.)': All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' Building Setbacks,Minimum(ft.)': Rear abutting Residential single-family 255/05.6 255 255 255 255 Intracoastal waterway 25 25 25 25 25 Side abutting Residential single-family: 255/05.6 255 255 255 255 Usable Open Space,Minimum(sq.ft.)' N/A N/A 0.5% 1% 2% 207 208 (4) Landscape barriers provided, in accordance with the landscape regulations of 209 this Code, where the rezoned property abuts single-family residential zoning. 210 B. Use(s)Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.1). 211 C. Building and Site Regulations. 212 1. Building and Site Regulation (Table 3-22). 213 214 1. May be reduced if frontage extends from right-of-way to right-of-way. 215 2. D ese+ ,aa. Project sites must front on two(2)intersecting rights-of-ways and must have an uninterrupted 216 lot frontage. 217 3. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway 218 is thirty-five(35)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction 219 where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of 220 these regulations.Maximum heights may be increased in the DTODD through participation in the Workforce 221 Housing Program. S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx 8 Page 456 of 541 222 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts 223 any other MU or residential zoning district not separated by a right-of-way. 224 5. Plus one(1)additional foot for each foot of height over thirty-five(35)feet. 225 6. Where there is an intervening right-of-way of at least forty(40)feet. 226 7. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in 227 conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or 228 when additional setback is necessary to provide for required"Pedestrian Zone" (PZ).Building placement is a 229 factor of roadway type and CRA district,which determines the minimum width and design of the PZ.The 230 minimum PZ is comprised of three components: 1)a five(5)foot wide street tree area,measured from the back 231 of the curb,or future curb on roads requiring a right-of-way dedication,2)an eight(8)• foot wide 232 sidewalk(10 foot wide sidewalk when located within the Downtown District,as defined by the Community 233 Redevelopment Area Plan),free from obstructions,measured from the centerline of street trees,and 3)an 234 eight(8)foot wide active area,measured from the sidewalk.The PZ components may vary in placement order 235 only on sites with conflicting right-of-way regulations. See Section 5.C.2.below for additional relief 236 provisions from build-to line requirements. 237 8. Listed eligible historic structures are not required to meet these standards. 238 9. Usable open space shall be required for all developments two (2)acres in size or larger which shall be 239 devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III, Section 8 240 for additional regulations. 241 10. Projects within the Downtown Transit-Oriented Development District(the Station Area) 242 have minimum densities as follows:MU-1 -eleven fifteen(154-�),MU-2=twenty-five(2529),MU-3 243 thirty-five(3534),MU-4=fo . -five•' (45�)and MU-C-six €ems(6044)dwellings per acre. 244 (e�ieept that+oJ_J+Ru+o density"P-4 the MU G distfiet applies to P--Jeets 18eated W;41441 the e+4;- 245 11. Projects within the Downtown Transit-Oriented Development District(the Station Area) 246 have a minimum FAR as follows:MU-3 -one and three-quarters(1.75),MU-4(2.0)and MU-C-two (2.0), 247 (e�ieept that+oJ_Jn+ti+o FAR for-the MU G dist+Jet applies 248 249 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the 250 Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the 251 underlying zoning district through participation in the City's Workforce Housing Program.... 252 13. Mixed use projects within urban mixed use zoning districts will meet ground floor 253 COMMERCIAL USE requirement by including commercial uses serving thee�public such as 254 retail,restaurants,bars, entertainment,personal services, and offices. Resident-only serving 255 amenities such as lounges, gyms, common rooms, and recreation spaces may be included in addition 256 to the above uses,but shall not fulfill the commercial requirement. 257 258 14. Residential-only projects within MU-1, MU-2, and MU-3 zoning districts located within the 259 Federal Highway District and the Heart of Boynton District, as defined by the Community 260 Redevelopment Area Plan,will meet ACTIVE USE requirement by using design features- 261 including street-fronting access—to allow residential use to engage with the street and provide the 262 opportunity for interaction. Such features may_ be combined with building amenities such as lounges, 263 gyms, common rooms, and recreation spaces on the ground floor 264 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx 9 Page 457 of 541 265 .. 266 Sec. 8. Overlay Zones 267 268 A. Martin Luther King Jr. Boulevard Overlay 269 1. Intent. This overlay identifies a segment of the Martin Luther King Jr. Boulevard as 270 an opportunity for redevelopment and revitalization. The ultimate design and site standards 271 of this section are intended to create a traditional street corridor with pedestrian 272 improvements, storefronts along the sidewalk, and a mixture of uses. The corridor is to 273 contain an ambience supported by pleasant signage and building appearance,potted 274 landscaping, store windows and public open spaces. This overlay is also appropriate for 275 development of small properties to allow for consistency with the vision represented by the 276 respective mixed use zoning district, and/or as an interim redevelopment mechanism until 277 greater redevelopment occurs using the respective mixed use zoning district. All 278 development within the Martin Luther King Jr. Boulevard corridor shall occur according to 279 the provisions of the adopted plan as stated below. 280 2. Defined. The Martin Luther King Jr. Boulevard Overlay (MLKBO) is hereby 281 established as the area defined by the parcels fronting on that portion of the Boulevard 1282 located east of Seacrest Boulevard and west of the railroad right-of-way, along with those 283 parcels adjacent to the north and south of these parcels that front on the Boulevard if 284 assembled and developedt as a unified project. Also included in the Overlay are the 285 parcels with commercial underlying zoning oning located between NE 9th Avenue and NE 1 lth 286 Avenue. - 287 3. Use(s). Commercial Uses on the Ground Floor shall be required on the street 288 frontage of MLK Jr. Boulevard for parcels within the eastern and western nodes, as depicted 289 in the CRA Community Redevelopment Plan. Parcels within the nodes are permitted to 290 develop commercial projects without a residential component. "' et - See LT. i � 291 292 a. Uses shall be determined by the underlying zoning district, see "Use Matrix 293 Table 3-28" in Chapter 3, Article IV, Section 3.1) with the exception of the 294 following prohibited uses: 295 Dwelling, Single- family (detached) 296 Dwelling, Two-family (duplex) 297 Automobile Rental 298 Automotive, Major Repair 299 Automotive, Minor Repair 300 Auto/Car Wash, Self- serve-Bq 301 Auto Dealer, New 302 Auto Dealer, Used 303 Auto/Car Wash (Polishing, Waxing, Detailing) 304 Automotive Window Tinting/Stereo Installation/Alarms 305 Drive-thru facilities 306 Gasoline Station 307 Group homes Type I, II, III, and IV 308 Adult entertainment S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx 10 Page 458 of 541 309 310 b. Any other automobile-oriented uses not listed above are prohibited. 311 (1) An "automobile oriented use" shall be construed as a business which has 312 a principal purpose of servicing an automobile or consists of a building 313 type or feature which is designed for an automobile, such as drive-thru 314 facilities. 315 c. Live-work units are permitted, but may not front MLK Jr. Boulevard and do not 316 replace the required Commercial Uses on Ground Floor. 317 d. Additionally, no leery existing use shall be deemed non-conforming as a 318 result of the MLKBO regulations. 319 320 4. Building and Site Regulations. Development within this overlay shall be in 321 accordance with building and site regulations applicable to the underlying zoning district 322 except as follows: 323 a. Parcels that have frontage along Martin Luther King Jr. Boulevard, Seacrest 324 Boulevard, or NE 3rd Street shall provide for the required "Pedestrian Zone" (PZ). 325 The minimum PZ is comprised of three components: 1) a five (5) foot wide street 326 tree area, measured from the back of the curb, or future curb on roads requiring a 327 right-of-way dedication, 2) an eight(8) foot wide sidewalk, free from obstructions, 1328 measured from the centerline of street trees, and 3) an five 5 e:g' foot wide 329 active area, measured from the sidewalk. The PZ components may vary in 330 placement order only on sites with conflicting right-of-way regulations. See 331 Section 5.C.2. below for additional relief provisions from build-to line 332 requirements. 333 b. Notwithstanding the required build-to line and pedestrian zone requirements, 334 portions of buildings and structures may be constructed in excess of the distance 335 specified above, but not to exceed 15 feet when necessary to 1) optimize landscape 336 design; 2) maximize on-site drainage solutions; 3) accommodate architectural 337 features and building enhancements; and/or 4)to otherwise enhance public spaces 338 such as sidewalks,plazas, fountains, or outdoor seating areas in order to further the 339 purpose and intent of the Overlay. Major deviations from the build-to line 340 requirement above (in excess of 15 feet) may be allowed, but only with sufficient 341 justification and contingent upon the approval of a Community Design Appeal 342 application (see Chapter 2, Article 11, Section 43). 1343 c. Minimum interior side,-a*d corner side, and rear setbacks and fefff se— ',R shall be 344 in accordance with the Mixed Use 1 zoning district(see Section 5.C. above). 345 d. Maximum building height shall be shall be in accordance with the Mixed Use 1 346 zoning district(see Section 5.C. above)rirt-- r:. e ,15-55) reef Buildings fronting Martin Luther 347 King Jr. Boulevard shall be a maximum of thirty-five (35) feet consistent for a depth of ten 348 (10)feet. 349 e. Minimum building height shall be thirty (30) feet. 350 5. Parking. As required by Chapter 4, Article V, Section 3.D. 351 6. Landscape and Streetscape Design. See Chapter 4, Article II, Section 4.B.5. S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx 11 Page 459 of 541 352 353 ... 354 355 C. Cultural District Overlay 356 ... 1357 4. Uses. Commercial Uttses on Ground Floor shall be required on the street 358 frontage of Ocean Avenue. 359 ... 360 D. Boynton Beach Boulevard Overlay (BBBO) 361 ... 1362 4. Uses: AeCommercial Uttses on Ground Floor shall be required on the street 363 frontage of Boynton Beach Boulevard. 364 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx 12 Page 460 of 541 365 366 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3, 367 "Zoning", Article IV"Use Regulations" is hereby amended as follows: 368 369 ARTICLE IV. USE REGULATIONS 370 ... 371 Sec. 3. Use Regulations. 372 ... 373 D. Use Matrix (Table 3-28). P Permitted Residential Commercial Mixed-Use Indus Misc C Conditional A Accessory t-rial RESIDENTIAL&LODGING Accessory Dwelling P P P P P P P P Unit 36 36 36 36 36 36 24 24 36 36 Bed&Breakfast C C C C C C C 37 37 37 37 37 37 37 Dwelling,Single- P P P P P P P P P R P A A family(detached) 34 34 34 34 34 4-9 34 34 4-9 34 28 24 1 4-9 34 Dwelling,Two- P P P P P g R 16i R P P P P C A A family(duplex) k4 34 44 28 2& 34 4-9 38 38 34 34 34 Dwelling,Multi- P P P P R R 461 R P P P P R R P A A family(including 4-4 24 44 4-9 44 24 44 44 24 24 34 4 4 27 241 24 Townhomes) 4-9 �4 �4 6 6 6 34 44 44 34 Dwelling Units in R g P P P P P P P P A A Mixed Use Buildings 44 4-9 34 34 34 34 34 6 6 27 28 24 44 4-9 6 6 6 34 34 34 34 34 Group Home Type 1 P P P P P P (2 per room up to 10 40 40 40 40 40 40 residents,limited service) Group Home Type 2 P C C C (2 per room up to 14 14 40 40 40 residents,limited 40 service) Group Home Type 3 C C C C C P P C C C C (comprehensive 14 14 40 40 40 40 40 40 40 40 40 service) 40 40 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx 13 Page 461 of 541 Hotel&Motel P P P P C C C C P P P 41 41 41 41 41 41 41 41 41 41 41 P P P P P P P P P P P P P P Home Occupations 34 34 34 34 34 34 34 34 34 34 34 34 34 34 Live-Work Units P P P P P P P 42 42 42 42 42 42 27 Manufactured Home P 34 . ,... In 4z 4z In 4z In 461 U U 4z 4z U 4z U In A A 4-9 34 34 4-9 34 34 34 34 34 34 34 34 34 37 a-4 24 4W 44 34 34 34 374 ... 375 6. General Note. This use is subject to requirements of Commercial/ Active uses on 376 Ground Floor.=^ those �c�,.41. 4:_^„ageon afi a ad 4i;s emIl l t, 377 378 useofheizwiise, eand "onal aseshall ed. 379 a. Mixed-use projects within urban mixed-use zoning districts will meet the 380 requirement for the Commercial Uses on Ground Floor by including commercial 381 uses serving theeg neral public such as retail, restaurants, bars, entertainment, 382 personal services, and office. 383 b. Residential-only projects within MU-1,MU-2 and MU-3 zoning districts located 384 within the Federal Highway District and the Heart of Boynton District(as defined 385 by the CRA Community Redevelopment Plan)will meet the requirement for the 386 Active Uses on Ground Floor by using recommended design features such as, 387 walkways connecting to the public sidewalk, front door design, and covered 1388 entries to individual units. 389 ... 390 20. Reserved. 391 392 ... 393 38. Reserved.Dwelling, Two Family m„rl i) 394 395 396 , 397 398 39. Reserved. 399 400 a. G � d'sf_,'_f -A DI-n d,s-4ef. A mal" 4�'HRI'ly dwelling Shall e0fl1f)ly W14111. 4i,o n 4 „r G n.�. rrr c „ 2p 401 � c^ n -ns. 3, � �cct�e 402 ... 403 41. Hotel & Motel (includes B-oagefae,7 Extended-stay, , 404 ). 405 1406 407 Boatiqftte..4+otels-� listed as S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx 14 Page 462 of 541 408 409 410 tfses- 411 412 C. 413 414 1415 416 417 418 e-a. SMU District. Hotels require conditional use approval. Aa.4.,i„w* h6te 419 . Motels 420 are prohibited uses. 421 422 fib. MU-I District, MU-2 District, and MU-3 District_ and MU ^ Distfiet Hotels 423 require conditional use approval. TiffieshaFe hotels RE41 liSteas j r-ed 'dseS. 424 Beat n,, hate ai�Motels are prohibited uses. 425 426 g. MU-4 District and MU-C District. Beatiefide hotelsFe itiena „se 427 428 ° 429 . Motels 430 are prohibited uses. 431 432 h. PID district. This non-industrial use is allowed within the PID district provided 433 it is located on a lot that has a Hotel (H) land use option. 434 435 Section 4. Each and every other provision of the Land Development Regulations 436 not herein specifically amended, shall remain in full force and effect as originally adopted. 437 Section 5. All laws and ordinances applying to the City of Boynton Beach in 438 conflict with any provisions of this ordinance are hereby repealed. 439 Section 6. Should any section or provision of this Ordinance or any portion 440 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 441 affect the remainder of this Ordinance. 442 Section 7. Authority is hereby given to codify this Ordinance. 443 Section 8. This Ordinance shall become effective immediately. 444 FIRST READING this day of , 2019. 445 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx 15 Page 463 of 541 446 SECOND, FINAL READING AND PASSAGE this day of , 2019. 447 CITY OF BOYNTON BEACH, FLORIDA 448 449 YES NO 450 451 Mayor— Steven B. Grant 452 453 Vice Mayor—Justin Katz 454 455 Commissioner—Mack McCray 456 457 Commissioner—Christina L. Romelus 458 459 Commissioner—Ty Penserga 460 461 VOTE 462 463 ATTEST: 464 465 466 467 468 Crystal Gibson, MMC 469 City Clerk 470 471 472 473 (Corporate Seal) 474 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 Art III And IV)(Rev For 2nd Reading). - Ordinance.Docx 16 Page 464 of 541 I ORDINANCE NO. 19- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 4 "SITE DEVELOPMENT STANDARDS", ARTICLE V. 7 "MINIMUM OFF-STREET PARKING REQUIREMENTS"; 8 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION 9 AND AN EFFECTIVE DATE. 10 ii 12 WHEREAS, the Boynton Beach CRA Community Redevelopment Plan, adopted 13 on October 4th, 2016,recommended significant changes to the structure of the future land use 14 (FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific 15 design standards; and 16 WHEREAS, the proposed amendments constitute the third revision of the LDRs, 17 following the amendments adopted on May 16, 2019; and 18 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF i9 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing whereas clauses are true and correct and are now ratified 21 and confirmed by the City Commission. 22 Section 2. City of Boynton Beach Land Development Regulations, Chapter 4, 23 "Site Development Standards", Article V "Minimum Off-Street Parking Requirements" is 24 hereby amended as follows: 25 26 CHAPTER 4. SITE DEVELOPMENT STANDARDS 27 ... 28 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS 29 ... 30 Sec. 3. Special Reductions in Required Off-Street Parking. 31 ... 32 D. Martin Luther King Boulevard Overlay Zone. Parking space requirements shall be calculated 33 in accordance with Section 2 above_-aR4 Any required parking for non-residential uses shall be 34 reduced by fifty percent(50%). 35 36 37 Section 3. Each and every other provision of the Land Development Regulations S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 4 Art V)Minimum Off Street Parking Requirements -Ordinance.Docx -1- Page 465 of 541 38 not herein specifically amended, shall remain in full force and effect as originally adopted. 39 Section 4. All laws and ordinances applying to the City of Boynton Beach in 40 conflict with any provisions of this ordinance are hereby repealed. 41 Section 5. Should any section or provision of this Ordinance or any portion 42 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 43 affect the remainder of this Ordinance. 44 Section 6. Authority is hereby given to codify this Ordinance. 45 Section 7. This Ordinance shall become effective immediately. 46 FIRST READING this day of , 2019. 47 SECOND, FINAL READING AND PASSAGE this day of , 2019. 48 CITY OF BOYNTON BEACH, FLORIDA 49 50 YES NO 51 52 Mayor— Steven B. Grant 53 54 Vice Mayor—Justin Katz 55 56 Commissioner—Mack McCray 57 58 Commissioner—Christina L. Romelus 59 60 Commissioner—Ty Penserga 61 62 VOTE 63 64 ATTEST: 65 66 67 68 69 Crystal Gibson, MMC 70 City Clerk 71 72 73 74 (Corporate Seal) S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 4 Art V)Minimum Off Street Parking Requirements -Ordinance.Docx -2- Page 466 of 541 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 19-024 TO: Chair and Members Planning& Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator DATE: August 14, 2019 RE: Approve proposed code language implementing MLK Overlay and Use Matrix Revisions Part I (CDRV 19-006) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions; (2) Chapter 2. Land Development Process, Article II. Planning and Zoning Division Services; (3) Chapter 3. Zoning, Article III. Zoning Districts and Overlays, and Article IV. Use Regulations and (4) Chapter 4. Site Development Standards, Article V. Minimum off-Street Parking Requirements, to implement modifications to MLK Overlay, modifications to rezoning-master plan application process, corrections pertaining to Mixed-Use zoning districts and revisions to Use Matrix,Residential and Lodging. Applicant: City-initiated. EXPLANATION The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016. The Plan recommended significant changes to the structure of the future land use (FLU) classifications, defined 6 (six) new CRA districts and introduced district-specific design standards. In 2017, the City Comprehensive Plan was amended accordingly, and staff embarked on a comprehensive modifications to the Land Development Regulations (LDRs). The extensive nature of these changes—they affect nearly all chapters of the LDRs—forced the revisions to be processed incrementally. The proposed amendments constitute the third revision of the LDRs, following the extensive modifications adopted on May 16, 2019. The latter included changes to zoning definitions and related site regulations, addition of two new overlays (for Cultural and Boynton Beach Boulevard districts) and changes to the existing ones (Martin Luther King Jr. Boulevard and the Urban Commercial District), as well as corrections to remove outstanding inconsistencies. The proposed amendments (see Exhibit A) are summarized below: Page 467 of 541 CRA Plan implement—Group 4 (CDRV 19-003) Memo PZ No.19-016 • Chapter 1. General Administration, Article 11. Definitions. Proposed changes include modifications to the recently approved definition of Active /Commercial Uses on Ground Floor and to definitions pertaining to different categories of lodging. The latter modifications would eliminate certain categories and simplify the remaining definitions. • Chapter 2. Land Development Process, Article IL Planning and Zoning Division Services. Proposed modifications to rezoning, master and site plan regulations for planned zoning districts are designed to create a more streamlined and flexible development process. • Chapter 3. Zoning o Article III. Zoning Districts and Overlays. Proposed changes include: ■ Corrections to the recently adopted chapter's narrative and tables containing zoning district-specific building and site regulations to eliminate overlooked discrepancies in text and tables related to urban mixed-use zoning districts. ■ Additional modifications to the Martin Luther King Jr. Boulevard Overlay, supporting anticipated redevelopment plans, including: • revised locational definition; • addition of the requirement for the Commercial Uses on The Ground Floor on the boulevard's street frontage; and • addition of a list of prohibited uses, similar to the other overlay districts. o Article IV. Use Regulations. The proposed amendments constitute the first part of the planned review of the Use Matrix(Table 3-28), covering its Residential and Lodging section and related notes.Most of the revisions focus on urban mixed-use zoning districts, aiming to bring the matrix into consistency with the changes in city's vision embedded in the redevelopment plan. • Chapter 4. Site Development Standards, Article V. Minimum Off-Street Parking Requirements. Proposed amendments would change the Martin Luther King Jr. Overlay's off- street parking requirements, allowing for a fifty percent (50%) reduction for non-residential uses only. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to continue implementing the CRA Community Redevelopment Plan and revising LDRs to support quality redevelopment and economic growth in the CRA and city- wide. Attachments S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-006 MLK Overlay and Use Matrix revisions Part I\CDRV 19-006 MLK Overlay and Use Matrix Revisions Part I Staff Report.doex -2 - Page 2 - Page 468 of 541 CHAPTER 1.GENERAL ADMINISTRATION ARTICLE IL DEFINITIONS Formatted:Heading 2,Left COMMERCIAL USES ON GROUND FLOOR- meet gr-pund floor- _ Uses serving the general public such as retail,restaurants,bars,entertainment,personal services,and ofhces. d rte ffiay be i e4it_ iR ti ACTIVE USES ON GROUND FLOOR-Resident-only serving amenities such as lounges,ayms,common rooms and recreational spaces. HOTEL- bwldinv or xntion therwol olf2611=t2mnorary loci.mt=.oi'h-an,iwnt �w,ts,with access to the west rooms through the inside lobbv,and accc,sorr u,es that may includw conlwrwnc,2 faciliuws.rw,taurants Lars.ani ccreation. times,amenitie,and retail - .�. 1 l : ikr •. F' rl ci<i l 1,144,ai+d E c l 1.i 1 EE 1 r t-Tarda-tlaif t ( .da ir��-ti�Pt A R1;,V 4-'N'- l >t l t>lE O lin . > airs .'Hfo;turn oI'.,rl y,r t..3'E»rrr rr yl rpt rr t ,4'(4F. 3a 141 ti. ri r ci r -1 l tlr 'lir t tii r -1aot-nor--t rr > -4 rci( ,-a ESI tl v lotai ugly 4 a 4+4 71 HOTEL,CONDOMINIUM- 44,x -f t-adleEt mk11,2 l condominium units inigid,2d to Le ma ,2 a pari oi'ih,2 hoi l mt cn,t:n�_tm_l_c i rit ml 1mLth ltl_lic ln.l 1_ r Ltm_l 1 r thc,h otcl man i ,m,2w...p ..at-4,2iw'l thirtu- ( .dav,and xo lnwo t4+rfl-o4+~Tadd d aad,vr htv(4,0) leRS81,.i,l Foo; le�...lsraJvi*d��- 1 Page 469 of 541 MOTEL I ui1 i �r,l n� �i 11GiI Imams tr �T z Iill a I�1°ijla ac mmo I iri on,i�i ti in�i�nt _uwwts_l��itfi west rooms accessed individually from parking areas or external NvalkNvays. k=�-"-pG?.�t��•�,�a�a:�o-!._ttri-rt��ar-� a�i-r�:..�ir��Ir..m��ra�t�'aP!-v�I�a�-4�1��� � tems;-I�srl�r;��lart,�,t���a,�,�>�-a-;�€at�r� 1�€al+�a; �4fi�i-'4Wta -4� }t r .4`144-444 r a k til 4ki+,=,114...4111- )r 4`i t.i. .t., I :<trr:k,s..Iai,Ia--4K+IT a 1 --pi+i. 13a I4l ti. l r d r -l-rh)l,i-,iplartrrrttat,•Im44 IRIV 0laiiHfItire._III r r it -l rd l -}iaf 14+0 t r tinily aik I t y:aalk 2 Page 470 of 541 CHAPTER 2. LAND DEVELOPMENT PROCESS ARTICLE IL PLANNING AND ZONING DIVISION SERVICES Sec.2. Standard Applications B. Comprehensive Plan Amendments. 1. General. a. Purpose and Intent. The purpose of this subsection is to provide a means for amending the city's Comprehensive Plan in accordance with F.S.Chapter 163. b. Authority. The City Commission has the authority to amend the Comprehensive Plan upon compliance with the provisions of F.S. Chapter 163 and of this subsection. The City Commission has designated itself as the Local Planning Agency(LPA)for the city. c. Types of Amendments. Amendments to the Comprehensive Plan include text amendments and site-specific amendments to the future land use map(FLUM). 2. Text Amendment. A text amendment to the Comprehensive Plan shall only be initiated by the city. 3. Future Land Use Map(FLUM)Amendment. a. General. (1) The purpose of this subsection is to provide a means for changing the boundaries and/or classifications of the FLUM through site-specific amendments to the Comprehensive Plan. (2) A request for FLUM amendment for parcels of 10(ten)acres or fewer shall be considered o4'ne-+:large-scale e+:small scale,based on F.S.Chapter 163. (43) All privately initiated FLUM amendments shall be accompanied by an application to rezone to a zoning district consistent with the requested FLUM classification. See Section 2.D.below for the process by which lands are rezoned to a different zoning district. D. Rezoning,Including Master Plan. 1. General. a. Purpose and Intent. The purpose of this subsection is to provide a means for changing the zoning district boundaries or designations through site-specific amendments to the official zoning map. It is not intended to relieve particular hardships or to confer special privileges or rights to any person,but only to make necessary adjustments in response to or based upon changed conditions. b. Authority. The City Commission has the authority to amend the official zoning map upon compliance with the provisions of this subsection. c. Initiation. Amendments to the official zoning map may be proposed by the owner(or agent)of the affected land or city-initiated. d. Consistency with Future Land Use Map(FLUM)of Comprehensive Plan. No application to rezone lands may be submitted that would result in an inconsistency with the FLUM classification. See Section 2.13.3.above for the process by which to amend the FLUM classification. _ e. Rezoning to Planned Zoning Districts. A master plan,n'eag-'-14hthe e0a.".f.1.u'.ab-n-a of a ske~'~�~~�' �~'�~ shall be required when a privately-initiated application is made to rezone lands to a planned zoning district. A site plan may be submitted concurrently or at a Later date. — Formatted:Font:italic City-initiated rezoning can proceed in advance of the master plan/site plan submittal.The master plan shall be Page 471 of 541 reviewed in accordance with Section 2.D.6.below. See Section 2.E.below for additional regulations pertaining to the site plan application. 6. Master Plan. a. General. The purpose of this subsection is to set forth well-defined application processes, review criteria,and uniform procedures for the rezoning of lands to planned districts(as defined by Chapter 1,Article II). - b. Submittal Requirements. Except as provided in Section 2.D.6.e below,Tthe applicant is required to complete the rezoning application(see Section I.D.above),'He"HO 4i-b ste plan review, addition to the site plan „keat;,,. and provide all documentation required by the respective application checklist. in a Sin, 44 '411 Site-plans bp-'Whwi# L ----------ed Sinit4tane-H++sly,pFeN44@d that the-Site-plan to+:tke f4st plinase is Fel3f:e-sentative c. Review Criteria. The master plan shall comply with the requirements of the respective zoning district regulations of Chapter 3,Article III and site development standards described in Chapter 4. In addition,the site plan shall be consistent with the master plan. See Section 2.E.3.below for the review criteria of a site plan. d. Approval Process. A privately-initiated request to rezone kand its accompanying master plan) require review by the City Commission and shall be processed in accordance with Chapter 2,Article I, Section 3. e. Expiration. A master plan_, planned;;ni nx a n Wiz°iE in�E etinn I T? 1 r _1-",� _ � � _ � _ � _ _ _ ii _shall remain valid unless the corresponding site plan expires,-or if the site plan is not adopted within 18 months of the date of the master plan approval.In these instances,the official zoning map retains the planned zoning district designation,but the property does not possess a valid development order or development permit, and no permits maybe granted by the city on the subject property. The submittal and approval of+new rC-,��g app?haet OH, a ilt+des a new or modified master plan,and ee eRfFe+*a site plan application, as provided in Section 2.D.Le.above,shall be required in order to commence development,redevelopment,or other site improvements. f. Modification to Master Plan. Changes to master plans are either"minor"or"major"based on criteria within this section. A pre-application conference with staff is a prerequisite to filing an application for modification. The site plan must be consistent with the master plan;therefore,any request to modify a master plan may require the submittal of a concurrent request for site plan modification in accordance with Section 2.E.7.below. Staff shall consider the following factors in determining whether the proposed master plan modification is considered"major": (1) The modification increases m de.c.reaseS the buildable square footage(intensity)or number of dwelling units(density)by more than five percent(5%); (2) The modification kmr eliminates apoint of ingress and egress; (3) The modification err reduces��-,=h�� ,+49-e-4�atit".i--+i the coiii lative aiea of' each tfle required or provided open spaces 21,-C3) �;l S r� and pedestrian plazas od�`: kit �1+erg-- 1: i,.r.1 a` €, r•r #, t § ^r°r a ,lrt_...f r,w tli l) ( 'o) cl)al)L "S ffic loc rtrotl of ;o li S_ic S or does not otherwise meet the intent of these Regulations; k 14----I l _a x #P airy rel - 1 lr- x€ lP 131 li•1 as - t Ert 1 i,. 4 Page 472 of 541 (4,S) The modification alters the project so that the modified master plan does not resemble the approved master plan; (5(+) The modification affects or does not comply with a condition of approval of the preceding development order;and (6 ) The modification is proposed to a city-owned or operated facility and does not adversely impact adjacent properties and/or public lands. g. Major Master Plan Modification. (1) Submittal Requirements. See Section I.D.above for the submittal requirements of this application. (2) Review Criteria. The proposed master plan shall comply with the requirements of the respective zoning district of Chapter 3,Article III,and the site development standards described in Chapter 4. (3) Approval Process. An application for major master plan modification requires review by the City Commission and shall be processed in accordance with Chapter 2,Article I,Section 3. (4) Expiration. 1 „a sr l l 7,-417 ll nl in valid.:tlnl ss tf7 a ...: a 7.1 n _4 t t 1 tt7:.. 1 r .:-a, if'i17c sit plmn_knot add 1 c!ssrtlnn 18 monf17s of.i17 d Vit..f 117 .r?a 41 ,pl. ll t1 o f1-_44+e _; ..g . day Tt� r; .. (5) Miscellaneous. At the time the City Commission approves a request for a major master plan modification,any previously approved master plan,including any conditions of approval,shall be null and void. All future development shall be consistent with the master plan,as modified and approved by the City Commission,including all corresponding conditions of approval. h. Minor Master Plan Modification. (1) Submittal Requirements. The applicant shall submit a letter explaining the modification(s) along with the master plan(in the number of copies specified by the Division). The applicant shall also provide consent from the property owner to file an application for the minor master plan modification. (2) Review Criteria. The proposed master plan shall comply with the following: 1)all applicable conditions of approval of the preceding master plan;2)requirements of the respective zoning district of Chapter 3,Article III;and 3)the site development standards described in Chapter 4. (3) Approval Process. The application shall be reviewed by staff and action will be taken by the appropriate administrative official. Upon approval of a minor master plan modification,all future development shall be consistent with the master plan,as modified,including all previously approved conditions of approval associated with the master plan. F. Site Plan,Including Time Extension and Modifications. 8. Miscellaneous. a. Site plan review shall be required in conjunction with a master plan when rezoning lands to a planned zoning district,exeept as provided in Section 2.D.Le. See Section 2.D.6.above for additional regulations pertaining to the rezoning process. In such instances,the site plan shall be consistent with the master plan. 5 Page 473 of 541 CHAPTER 3.ZONING ARTICLE III. ZONING DISTRICTS AND OVERLAYS Sec.1. Overview. C. Non-Residential Bifilding and Site Regi ations(Table 3-2). NON-RESIDENTIAL C-1 C-2 C-3 C-4 CBD PCD M-1 PID RE PU Density(dwelling units per acre): N/A N/A N/A N/A Flexible12 N/A N/A N/A N/A N/A Project Area,Minimum(acres) N/A N/A N/A N/A N/A 3" N/A 25" N/A N/A Lot Area-frx=-xi*4,Minimum(square feet): 9,000 5,000 15,000 5,000 15,000 Flexible 10,000 Flexible 43.60 8,000 Lot Frontage,Minimum: 75 50 75 50 75 Flexible 0 Flexible 100 75 Lot Depth,Minimum: 120 100 N/A 100 100 N/A N/A N/A N/A N/A Lot Coverage,Maximum: 40% 40% 40% 40% 75% 40%" 60% 60% N/A N/A Floor-Area-Ratio(FAR),Maximum: 0.40 0.50 0.50 0.50 N/A 0.50 0.50 0.50 0.50 1 1.00 Structure Height,Maximum(feet): 30' 25 45 45 45 45 45 45- 45 1 45 Building Setbacks,Minimum(feet)14: Front 30 30 20 25 0 40 15 30 25 25" Rear 20 20 20' 20' 206 40 203 30 25 2513 Interior side 10 15 0' 15' 0 30 154 20 25 15" Comer side 10 20 20 15' 8- 30 15 30 25 15" Building Setbacks,Minimum if abutting a residential district(feet)14: Rear 30 30 30 30 N/A N/A 30 N/A N/A 30 Interior side 30 30 30 30 N/A N/A 30 N/A N/A 30 Comer side 30 30 30 30 N/A N/A N/A N/A N/A N/A Waterfiontyard N/A N/A N/A N/A 8' N/A N/A N/A N/A N/A E. Mixed Use Urban Building and Site Regulations(Table 3-4). MIXED USE,URBAN is.5+ MLI-1 MU 2 MU 3 MLI-4 MLI CFormatted:Superscript Lot Area,Minimum(acres): public park N/A N/A N/A N/A N/A 6 Page 474 of 541 All other uses 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100- 150' 2008 200 Formatted:Superscript .................................................................................................................... Structure Ht.,Minimum(ft.) 30 30 30 45 45 Formatted:Superscript ----------------------------------- Maximum Height(ft.)' Formatted:Superscript 45 65 75 100 150/125 - - - .. - - Maximum Density(DUs/Acre)"rz 20 4050 60 80 Maximum F.A.R.rr 1.0 2.0 3.0 4.0 4.0 Build-to-line(ft.)' All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0 0 0 0 0 Interior side 0 0 0 0 0 Building Setback,Minimum(ft.)' Rear abutting: Residential single-family <e �s/0__ 25s 25s 25s 25s Intracoastal waterway 25s 25s 25s 25s 25s Side abutting Residential single-family <e �s/0__ 25s 25s 25s 25s Usable Open Space,Minimum(sq.ft.)' N/A N/A 0.5 1% 2% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2 Mi 414, itr�r�f€ to Irl tr�i.t< i �3at<? ctLr�kti It tit ri �t fr�7t.c,,,t ttv n it;tri'�rrt nt�i�{>_) utu ect rr_ii-ht,;e f «tt' arr.l n n t h2�e arr rririteii lrted lot frc rrtaue 3. Maximum height on any street frontage is forty-five(45)feet Maximum height on Intracoastal Waterway is thirty-five (3 5)feet consistent for a depth of a minimum of thirty(30)feet. Heights may require reduction where adjacent to a single- family zoning district where necessary to achieve the compatibility requirements of these regulations.Height bonus maybe granted through participation in the Workforce Housing Program. 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU or residential zoning district not separated by a right-of-way. 5. Plus one(1)additional foot for each foot of height over thirty-five(3 5)feet 6. Where there is an intervening right-of-way of at least forty(40)feet. 7. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a factor of roadway type and CRA district, which determines the minurum-width and design of the PZ. The minimum PZ t n-tlz r. r mnfi «I} l:� a -Vt,--ism rr ,tt1 rT three t.ri IwrrUrit t}a fiat '}fi rt 0 ide trect tree. area.rr,ea nrul freii I the bach of the curb Or fiftr.fre curb en road,rec r.t,r ru,_a rmz.;,---- -- a dedication '}an tz�---------z2et hide=,idc�ialk(IOfoot ieideidc�calk�ihen located iiithinthe DoOrtuiinDr=,trioa defnedbythetommunity R,2deye1)III twni Iw 9 . i'larO.free fromhn ce�arr=,nUi�idiefrom rntah�e cacriterl al icoeternete titi ler en2nlcd s�er _._t( b}feet ________ _____ _ _ ____ _______________ : _______ __ __ _ ___ __ _�___.. iide actile area.nea tired frn the idc,v alk.The ic•y ithnpt .- .. co iCctiurght-e( ia��reudtion,.Sesciontelho rtune 7 Page 475 of 541 KcWnirtgs tri................See Section 5.C.2.below for additional relief provisions from build-to line requirements. 8. Locally registered historic structures are not required to meet these standards. 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation. See Chapter 4,Article III,Section 8 for additional regulations. 10. Projects within the l cmna n Cran i1-f7ricnttxlT7t�el un trrtl7i�hret{he'Statrurr_lr a} «�t itti� shallhave -! Formatted:Not Highlight minimum densities as follows:MU-1- k s(ift of(1+15J,MU-2 m twenty fig c('a?�),MU -thirty(i�c(44],,MU-4 ------------------------------------- - --- -----rorlvtlaa, -five(-_ 5) and MU-C-i (-4460dwellings per Formatted:Not Highlight . ) ______._ ________. _______ _. ________._ ________._ ..... 114rWa + -0 �ntrv 1-alwn ....: Ew,r R)} 11. Projects within the l cmna n Cran i1-f7rrenter117t�e1 un trrtl7 Ehret{he'Statrurr.lr a} «rt itti� shallhavea -' Formatted:Not Highlight minimum FAR as follows:MU-3-one and three-quarters(1.75),MU-4(2.0)and MU C-two(2.0)_ tf>t girt 11pw4r1r.trIr ----------------------------------- 1 - -- -- - 1_i k1er- 1—'vI[ apjl h-,1+4 c,it14 t&4_4oeatt,l-rkxhro rr r a r p.qtr a)-Maximum FAR for MU-3 may beFormatted:Not Highlight -- - -- — — increased to 3.5 if abutting property with the Mixed Use High future land use classification. 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through participation in the City's Workforce Housing Program. 13 Mix,2d u,e nr;ojct w ,v�11hin urban mix,2d 11,,2 ronin,a di,rice I v�ill In" hound floor Co , tilFR Z.,l t:SE - - rar uireinwnt Lv includma conzinercaal u,w,, ivmt=,tfie,=,wnwral x�blic,ueli a,retail.rw,I wrant,.Lars. nt rtainm nt. i, nil cit is w iii 1 Ili ,i lcr,t nI\m crt ni. rtzcnzu..w ............................... _Imran ..w in i?mrn?n 1,00111'.and rw::reauon,Lac,:,may Lw included m additam to the abov,2u ,but hall not I:ulfill h,2 conum2rcial ..... s ....... ..... .... .......... 1`C{Uffenlenl. 14. kesid,2wial-onlvproj��t,11itl,in "ill'-1, l[ and"`till'-3 -zoom clrstrrct,Ioc:atwcl l�itliin tlw[wclwral Ili l.\;it Di,I rict am l 1h,21k2a li_I BovnT)n Di,I ic.t, , 1,.lznw l by Ih,._Con n>miiizI Rim l,.tmcl?prnmIt 1,n2a 11h \;rill in"i.A���irwinwnt by u,in,=.de,ian k2ahira, including strc 141-ontin,=.acc,2 s to alloy rw,idential Il,,2 lo cn i , \;illi Ih, '11 aii::l. i_it i Im th,2 or allil _i,)I-int,i_a ti n Such l_Ic alai,,inav , c iml_in, 1 1;.illi, mm ail lm1,iinwnitic,,ac h smVI1'.C�xnrnil�rtn, in im 11 h, mound iloor - -ii- -- (Ord. 10-025,passed 12-7-10;Am.Ord. 12-016,passed 10-2-12;Am.Ord. 14-009,passed 7-1-14;Am. Ord. 15-006,passed 3-2-15;Am.Ord. 16-023,passed 1-3-17;Am.Ord. 17-023,passed 9-19-17) 8 Page 476 of 541 Sec.2. Residential Districts. H. IPUD Infill Planned Unit Development District. 3. Building and Site Regulations(Table 3-12). The following building/site regulations apply to the entire IPUD development. BUILDING/SITE REGULATIONS IPUD District Minimum project area: None Maximum project area: Less than 5 acres Minimum lot frontage"t: Flexibles Minimum perimeter yard setbacks: Front: Flexible Rear: Flexible Interior side: Flexible Corner side: Flexible Maximum lot coverage: 50% Minimum usable open space(per dwelling unit): 200 square feet Maximum structure height: 45 feet3 Individual lots within an IPUD development contain flexible standards relative to minimum required lot frontage and lot area for each unit. Pursuant to Chapter 3,Article IV,Section 3.D.,a marina use shall require a minimum lot frontage of one hundred fifty(150)feet and a minimum average width of two hundred(200)feet. 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single-family residential zoning. Where adjacent to single-family residential zoning,the required perimeter building setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also,perimeter buildings shall have an increased setback of one(1)additional foot for every foot of building height in excess of thirty(30)feet. If vegetation,screening,or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses,the city may grant some relief from the aforementioned requirement. A structure shall be considered to be on the perimeter if there is no intervening building between it and the property line. Project design along abutting roadway(s),including setbacks,shall be based on existing development patterns or applicable recommendation from the respective development plan. 3 A lesser building height maybe required for compatibility with adjacent development. See Note't2 above for additional setback requirements relative to building height. r� Eta mu'l tioia-cin tv�-(){?. r e rav iAlt, lot 9 Page 477 of 541 Sec.5. Mixed-Use(Urban)Districts. A. General. 3. Location and General Use Requirements. a. General. The mixed use(urban)districts are intended for projects that promote sustainable design with respect to land use,energy conservation,resource management,and social equity. Rezoning to any of these districts is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure,public and alternative transportation routes and modes, employment centers,community areas,or have sustained or are complicated by environmental contamination. The mixed use(urban)zoning districts shall be applied to selected geographic areas east of I-95, where a mixture of uses and building intensities is intended to implement the CRA Community Redevelopment Plan and urban design guidelines including goals involving compact design,transit- oriented development,employment,population,transportation,housing,public facilities,and environmental quality. Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and relationship to the downtown.Maximum heights,densities,and intensities of development are regulated to achieve,in part, the intended vision as established within the CRA Community Redevelopment Plan for each of the six planning districts,while ensuring land use compatibility. A master plan as a whole,comprised of individual buildings and parcels,would be reviewed for compliance with the requirements below pertaining to a residential component to the project,Active.,and Ceommercial uses on the first floor of a project. b. Mixed Use 1(MU-1),Mixed Use 2(MU-2),and Mixed Use 3(MU-3). (1) In order to complement the revitalization efforts in the downtown area,these zoning districts shall be applied to lands consistent with the Comprehensive Plan Future Land Use Map and CRA Community Redevelopment Plan.See the Community Redevelopment Plan for specific recommendations on locations and boundaries. (2) These MU districts are appropriate for low-to mid-rise developments that provide for medium density residential and low to medium intensity commercial and office uses. (3) The review of these applications will emphasize compactness,aesthetics and design quality, and physical compatibility with adjacent land uses. (4) Except where limited by Table 3-22 in Chapter 3,Article III,Section S.C.,all new developments within the MU-1 and MU-2 districts that contain a non-residential use shall front on streets designated as"arterial",or"collector",roadways on the Functional Classification of Roadways Map. All projects within the MU-3 district proposed within the transit core must contain a residential component,and all projects proposed within these Mixed Use intensity districts that front on an arterial road must have space on the first floor devoted to Ceommercial or Ai-rctive uses. (5) Maximum height may be further limited in certain geographic areas to further applicable redevelopment plans and maintain compatibility with an abutting single-family district. c. Mixed Use-4(MU-4). (1) The Mixed Use 4(MU-4)district shall only be applied to land classified as mixed use-high (MXH)on the future land use map as recommended by the Community Redevelopment Plan. (2) The MU-4 district is appropriate for high density/intensity development intended for designated nodes. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District(the Station Area) must contain a residential component and have space on the first floor devoted to commercial uses for those portions of the project having frontage along z c:ollec tum or an arterial road. (3) All new developments within this district shall front on streets designated as"arterial' roadways on the Functional Classification of Roadways Map. 10 Page 478 of 541 d. Rezoning of single-family districts.All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height,density and intensity of development shall be consistent with the CRA Redevelopment Plan for the applicable district;; (2) Ratio of lot frontage to depth that is no more than one(1)foot(frontage)to one and one- quarter(1.25)foot(depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards;and (4) Landscape barriers provided,in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning. e. Mixed Use Core(MU-C). (1) The Mixed Use C(MU-C)district shall only be applied to lands classified as mixed use- high(MX-H)on the future land use map. (2) The MU-C district is appropriate for high density/intensity development intended for the downtown area. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit-Oriented Development District(the Station Area)must contain a residential component and have space on the first floor devoted to commercial uses for those portions of the project having frontage along a collectm or an arterial road. (3) All new developments within this district shall front on streets designated as"arterial" roadways on the Functional Classification of Roadways Map. f. Rezoning of single-family districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height,density and intensity of development based on the standards indicated in Table 3- 22; (2) Ratio of lot frontage to depth that is no more than one(1)foot(frontage)to one and one- quarter(1.25)foot(depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards;and (4) Landscape barriers provided,in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning. B. Use(s)Allowed See"Use Matrix,Table 3-28"in Chapter 3,Article IV,Section 3.D. C. Building and Site Regulations. 1. Building and Site Regulation(Table 3-22). -MIXED USE,URBAN MU-1 MU-2 MU-3 ----MU-4 MU-C Formatted.Superscript (Overlay regulations may apply.See Section 8 below.) Lot Area,Minimum(acres): public park: N/A N/A N/A N/A N/A ALL other uses: 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100 150' 200 200 Formatted:Superscript r Structure Ht.,Minimum(ft.) 30 30 30 45 45 Formatted:Superscript ------------------------------------ Maximum Height(ft.)3Formatted:Superscript 55 65 75 100 150/125° - - - - - - Maximum Density(DUs/Acre)"iz 20 40 50 60 80 Maximum F.A.R.ii 2.5 3.0 3.0 4.0 4.0 Build-to-line(ft.)': 11 Page 479 of 541 All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement' Abutting a Local street 0' 0' 0' 0' 0' Interior side 0' 0' 0' 0' 0' Building Setbacks,Minimum(ft.)$: Rear abutting Residential single-family 255/056 255 255 255 255 Intracoastal waterway 25 25 25 25 25 Side abutting Residential single-family: 255/056 255 255 255 255 Usable Open Space,Minimum(sq.ft.)' N/A N/A 0.5% 1% 2% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2 _�,� � Prc t ii it t ni nt i rr ui i �} ut r-�tiri ri.ht c t i r�- uz�1 ii rxt ht� uz nnint rru%� d lot ui nti a Formatted.Font color:Auto ------------------------------------------------------------------------------------------------------------------------------------------------------------- 3. Maximum height on any street frontage is forty-five(45)feet Maximum height on Intracoastal Waterway is thirty-five (3 5)feet consistent for a depth of a minimum of thirty(30)feet Heights may require reduction where adjacent to a single- family zoning district where necessary to achieve the compatibility requirements of these regulations.Maximum heights may be increased in the DTODD through participation in the Workforce Housing Program. 4. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any other MU or residential zoning district not separated by a right-of-way. 5. Plus one(1)additional foot for each foot of height over thirty-,five(3 5)feet 6. Where there is an intervening right-of-way of at least forty(40)feet. 7. Buildings and structures shall be located no farther than zero(0)feet from the property line,except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone"(PZ).Building placement is a factor of roadway type and CRA district, which determines the minimum width and design of the PZ.The minimum PZ is comprised of three components:1)a five(5) foot wide street tree area,measured from the back of the curb,or future curb on roads requiring a right-of-way dedication,2) an eight(8) foot wide sidewalk([0 ft t t ii i 1 .icl ii tIJ is h ii h it d ii ithin thT7c ii irtc i�ii T7i_ ict t d (tn d b� the Com intri itvmRm IwT wl?Llnm lit-mmlr2 t f'1 n) free from obstructions,measured from the centerline of street trees,and 3)an eight(8)foot wide active area,measured from the sidewalk.The PZ components may vary in placement order only on sites with conflicting right-of-way regulations.See Section 5.C.2.below for additional relief provisions from build-to line requirements. 8. Listed eligible historic structures are not required to meet these standards. 9. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space,excluding private recreation.See Chapter 4,Article III,Section 8 for additional regulations. 10. Projects within theT7�l�rit�riri Cr2ii it-f7rientetlT7e�elt ii--ritDi tract-(theStitxri -%rca)t gat,,4tie���shallhave -! Formatted:Not Highlight minimum densities as follows:MU-1-tiki ii fifteen(, 4),MU-2 m twenty-five('_"J),MU m thirty fn e MU-4 --- ---- --- ----- ----- r0r1y-u\e,4444-v lcr e-(b5 )and MU-C Mixt}€ -(6040)dwellings per acre_ � z �xmF:P�� -'h Formatted.Not Highlight 11. Projects within theT7�lxrit�riri Cr2ii�it-f7rientetlT7e�elt ii--ritDi trict-(theStitxri-%rca) t gat,,4tie���shallhavea -!Formatted:Not Highlight minimum FAR as follows:MU-3-one and three-quarters(1.75),MU-4(2.0)and MU-C-two(2.0). e t tliat mimmo. n, "taticii Formatted:Not Highlight 12. The maximum density for projects within the Downtown Transit-Oriented Development District(the Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district through participation in the City's Workforce Housing Program.... 12 Page 480 of 541 I,',, Mix,2d Il":,111,L).Lci,millin urban mix,2d u,,2 zonim�di,I ric I,ml I meat�,-roum I floor CWPJFRC IA,L t'SF ------------------------------------- --------------------------—------- -------------------------------------- L�Lcalirgngii by including,con-II11,21-cia I III g 111,2 ggwr,I n2,murall I,.bar,. ------------------------------------------------------------------------------------ ...................................................... '2111,21-Im ill 111,2111 110r,olla I am I ofhc,2�. R,2,idgi I-on I v g-ving anl,211111,2, lich a, C0111111011 ----------------------------------—----------------................................................................................................ L 1,00111'.'111d c,2,mav b,2 includal III addilion lo ili,2 abov,2 bul liall nol i1ifl'ill ili,2 conun,2rcial -L I--allon ------I I I-—---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------ Mt:-1. MI 2.and MI ti zonina di,11-icl,loc,11,2d\;ilhill ili,2 —------------------------------------------------------ HnJmav Di'll-icland ili,2 oMovillon Di'll-icl. ,ddljwd bv ili,2 Con nu dn',210 2m Plan.mll —-------------------------a 11 111v R,2 -------------- m"i 1 IVF t:SF n2cmin2m,2m by d,2,n�m k2aluj-,2, ijlcludim�=. Ijwl-h-ojllim�=acc,2- to alloy Il,,2 lo 2 I ,2 illy ili,2'ti.c t Iii.:I.�r_ltid,2 ilio )ol-imily i,)I-illig-aclion. Such k2amr,2,may b,2 combijwd illi ......................................................................—-------- 'I am , , lich a, avIll'.C0111111011 1,00111'.and 11 ..................--............................................................................................I............... ...ra, 1 ,2,oll ili,2 aroundFloor pc �................................................... 13 Page 481 of 541 Sec.8. Overlay Zones A. Martin Luther King Jr.Boulevard Overlay 1. Intent. This overlay identifies a segment of the Martin Luther King Jr.Boulevard as an opportunity for redevelopment and revitalization.The ultimate design and site standards of this section are intended to create a traditional street corridor with pedestrian improvements,storefronts along the sidewalk,and a mixture of uses. The corridor is to contain an ambience supported by pleasant signage and building appearance,potted landscaping,store windows and public open spaces. This overlay is also appropriate for development of small properties to allow for consistency with the vision represented by the respective mixed use zoning district,and/or as an interim redevelopment mechanism until greater redevelopment occurs using the respective mixed use zoning district.All development within the Martin Luther King Jr.Boulevard corridor shall occur according to the provisions of the adopted plan as stated below. 2. Defined. The Martin Luther King Jr.Boulevard Overlay(MLKBO)is hereby established as the area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard and west of f11c lailload right-of-way,along with those parcels adjacent to the north and south of these parcels that front on the Boulevard if assembled and develop th-i*e€)t as a unified project. Also ii)c.htcle.cl til the Ove lak afe Clic vatccls vsitli conir,actcial tip ferkimz zontnL, locatcd f,cmeeri NF 1)F:3,vcntic rtn(i — . N1: 1f .venae.- Formatted:Superscript 3. ut)t17stf t-fvurttz,--u[. MIK:1 13crgcG .ttl fc}t,l'.tc c s wiffiiin_tl e castcrn and wcstcrn nodes.nocics. .,c1cl,c tt(l ? tl t CRA t_o t,:,,t t tz RCdC C!ot,lttt t Plan.Pa c c s wv tl t 11w nocic s arc vcrnil uccl to do clot/c o tier t t or( cot: wt/fl,, w a csicicnfia: coniyoi cut......._°rllt� ..Om a. 1;scs 417rtll f)v cz tetr7tineci f}vthe tlncierl to T zotnn s ciisttt t Oce "1;4c.1-1rtittx I rtf,l 3 '8 tn�rtct 3,Aaicic_Iv `y,ction 3.D.,vsitli tli.:_..xcepttol,of tlic.._follovstt g i Rolnf,.tt..tf tlscS;... I7vscllfn r `3i11gr1 - f,t„iilk Wetacl7cc-f. I7vsellfn�r I.�su-frtr,Ti1� �c%t17,1:,�� Atitoniof)tle Rental `.tatorniotfve. M ti(.)-R vau `3tatoniotive,, 1ltnotR1_.ai Mato I7 alc N,-\y :`taut Dcalcl,I'4cd :`.tato Cat at N'tLl411 t1't,l.i`lifnE. W txtrt'. Dcttflfna Atitoniotive.Windoty i intim,/`ytctco Installation Mal ills i)rivc-thttl f:acflttics ........................................................................................ G asolirtc Station LLCJt liur,i_c.4 i k t::I. if.,111.and IN Adtilt mcttanihicnt 1) Am ofl7 mt_rttto„,o(,tlm olt_ntcd tis s not_l_ist dz 11,o)_mf ltd.. (1) A[i--atttori ONle orielitcel USC S11,111 be emistattecd as aL)tts,Ittcss 1.6Icli lias ra lrs lei .�__._.. �tl.{q.Cts of_sclvicita�._man atltolllol)fl_m m Consists of a_1,tl.11clfilL---X J—'-m_tt�_f__atat Ct1)icl)_is. d siLrn d fm all nitor,aof}fl sticl) asdfi fl7ttl::ftcilitics. c Live-\sods t nits gate l .t„ifttecz,f}tlt r,at1k not front lll_.K h Bot11cv;a d and do not le lrace Clic L.eqwted£o„ir,i'tcial 1Tscs on G otind I loot:.:.. 14 Page 482 of 541 d. Additionallt no.l.c2allt xktin r use"7_a1l he d __"?m<z_nol)-contonili 7 r m � ,-Sult of the MI,K13t7 re. or)S', _ 4. Building and Site Regulations. Development within this overlay shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: a. Parcels that have frontage along Martin Luther King Jr.Boulevard Scacrest Boule.vai d,m N l 3"Sheet shall provide for the required"Pedestrian Zone"(PZ). The minimum PZ is comprised of three components: 1)a five(5)foot wide street tree area,measured from the back of the curb,or future curb on roads requiring a right-of-way dedication,2)an eight(8)foot wide sidewalk,free from obstructions,measured from the centerline of street trees,and 3)an five(5)-,9 E1it(`)-foot wide active area,measured from the sidewalk.The PZ components may vary in placement order only on sites with conflicting right-of-way regulations. See Section 5.C.2.below for additional relief provisions from build-to line requirements. b. Notwithstanding the required build-to line and pedestrian zone requirements,portions of buildings and structures may be constructed in excess of the distance specified above,but not to exceed 15 feet when necessary to 1)optimize landscape design;2)maximize on-site drainage solutions;3)accommodate architectural features and building enhancements;and/or 4)to otherwise enhance public spaces such as sidewalks,plazas,fountains,or outdoor seating areas in order to further the purpose and intent of the Overlay. Major deviations from the build-to line requirement above(in excess of 15 feet)may be allowed,but only with sufficient justification and contingent upon the approval of a Community Design Appeal application(see Chapter 2,Article II,Section 4.B). c. Minimum interior ;ide., corner side,and rear setbacks � shall be in accordance with the Mixed Use 1 zoning district(see Section S.C.above). d. Maximum building height shall be.,shall hc rzl ac.c mdance yr rth the Mixed I'7,; 1 zoniug di4tprc�t. t4 e S ctron I,£ rrf,o {r ( 4544 t-.Buildings fronting Martin Luther King Jr.Boulevard shall be a maximum of thirty-five(35)feet consistent for a depth of ten(10)feet. e.Minimum building height shall be thirty(30)feet. 5. Parking. As required by Chapter 4,Article V,Section 3.D. 6. Landscape and Streetscape Design. See Chapter 4,Article II,Section 4.B.5. C. Cultural District Overlay 4. Uses. Ax� .Commercial 14ises on Ground 1 loon shall be required on the street frontage of Ocean Avenue. D. Boynton Beach Boulevard Overlay(BBBO) 4. Uses: x� -e-ommercial71.ses on Ground 1 loon shall be required on the street frontage of Boynton Beach Boulevard. 15 Page 483 of 541 ARTICLE IV. USE REGULATIONS Formatted Table Sec.3. Use Regulations. Formatted Table Formatted:Character scale:101% D. Use Matrix(Table 3-28). Formatted:Character scale:101% P=permitted Residential Commercial Mixed-Use Indus Mise Formatted:Character scale:101% C—conditionll A accessory t-Tial Formatted:Character scale:101% = Formatted:Character scale:101% N mN m B w q q Formatted:Character scale:101% Formatted:Character scale:101% RESIDENTIAL&LODGING Formatted:Character scale:101% Accessory Dwelling P P P P P P P P Unit 36 36 36 36 36 36 -2424 Formatted:Character scale:101% 36 36 Formatted:Font:7 pt,Character scale:101 Bed&Breakfast C C C C C C C 37 37 37 37 37 37 37 Formatted:Indent:Left: 0.03",Right: -0.01",Space Before: 0 pt,Line spacing: single Dwelling.Single- P P P P P P P P P P dl -1 family(deiached) 3a 3a 3a 3.4 3.4 4-P 3a 3a 44 3e 3e Formatted:Character scale:101% 4-P Formatted:Character scale:101 Dwelling.Two- P P1n P P P P P E P P P P P C 4 4 Formatted:Character scale:101% family(duplex) +4 44 +4 +4 4-9 4 ;-4 ;4 +4 ;-4 ;-4 ;-4 ;-4 38 24 4P 'g g Formatted:Character scale:101% Formatted:Character scale:101% Dwelling.Multi- P P P P R P EP P P P P P P P -1 -1 family iin l hrL a-s 34 37 as as Formatted:Font:7 pt,Character scale:102% Townhomes) 3.4 4-P 3P 3A 6 6 6 2.4 2.4 2.4 2.4 24 Formatted:Indent:Left: 0.03",Right: 0.01",Space Dweltamg Units in P P P P P P P P P P 4 4 j ' Before: 0 pt,Line spacing: single Mixed Use Buildings 44 43 2.4 3.4 2.4 2.4 2.4 6 6 27 38 24 } is 41 6 6 6 ;.4 ;.4 ;.4 ;.4 4.4 Formatted:Font:7 pt - - - Group Home Tg)e1 P P P P P P Formatted:Font:7 pt,Character scale:101% (2 per room up to 10 40 40 40 40 40 40 45 Formatted:Font:7 pt,Character scale:101% residarts,limited service) Formatted:Font:7 pt,Character scale:1.01% Group HomeType2 P C C C Formatted:Font:7pt,Character scale:101% (2 per room up to 14 14 40 40 40 residaus.tinted 40 Formatted:Font:7 pt,Character scale:101% service) Formatted:Font:7 pt,Character scale:101% Group Hmne Type 3 C C C C C P P C C C C (comprehensive 14 14 40 40 40 40 40 40 40 40 40Formatted:Font:7 pt,Character scale:101% service) 40 40 Hotel&Motel P P P P C C C C P p p Formatted:Font:7 pt,Character scale:101 41 41 41 41 41 41 41 41 41 41 41 Formatted:Font:7 pt,Character scale:101 }Some Omy�anon i 1 - � U Formatted:Font:7 pt,Character scale:101 Live-Work Units PP p p p p P Formatted:Font:7 pt,Character scale:101% 42 42 42 42 42 42 27 Formatted:Font:7 pt,Character scale:101 Nlenufactrued Home P Formatted:Font:7 pt,Character scale:101 P P P P P P 4 P P - Formatted:Indent:Left: 0.03",Right: -0.01",Space a e = a0 2 0 Before: 0 pt,Line spacing: single +4 4.$) ;-4 ;-4 Formatted:Font:7 pt,Character scale:101% Formatted:Font:7 pt,Character scale:102% 16 Page 484 of 541 6. General Note. _This use is subject to requirements of Commercial/ Active uses on Ground — Formatted:Not Expanded by/Condensed by Floor. Formatted:Not Expanded by/Condensed by a. Mixed-use projects vvithin urban mixed-use zoning districts gill meet the requirement for the Commercial Uses on Ground Floor by including commercial uses serving the general public such as retail,restaurants,bars,entertainment,personal services,and office. b. Residential-only projects Nvithin MU-1,MU-2 and MU-3 zoning districts located Nvithin the Federal Hiahvvav District and the Heart of Bovnton District (as defined by the CRA Communitv Redevelopment Plan)gilt meet the requirement for the Active Uses on Ground Floor by using recommended design features such t, rs,tllcrt tv s conn4 nic�to th4Llzc ,,rdecr�allc front door deli>,n,and cov crc i e.^rv's to iridi�-idm l units. 20. R rt rl.Geliefal Formatted:Font:Not Expanded by/Condensed by 38. Reserved.Dwelling,rr,,,, >=,.,,Ay(Duplex) 39. Reserved. 4;st+;et„„,l p9p ,I;st+;et -n,+4, s,,,,,;i .weir;„V 4-11 .i.,-;II, 11'e-R-4 rrr Q_ rte. 41. Hotel&Motel(includes PH+44p+e,Extended-stay, T;+-nes aFe jeaFt-neat) €-a. SMU District. Hotels require conditional use approval. Apaftment hotels,boutique hotel Motels are prohibited uses. A. MU-1 District, MU-2 District, ad MU-3 District. � n _ . ' F�et Hotels require Formatted:Not Expanded by/Condensed by conditional useapproyal. mMotels are prohibited uses. g. MU-4 District and MU-CDistrict. of listed as PeEmitted uses Motels are prohibited uses. 17 Page 485 of 541 h. PID district. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Hotel(H)land use option. CHAPTER 4.SITE DEVELOPMENT STANDARDS ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Sec.3. Special Reductions in Required Off-Street Parking. D. Martin Luther King Boulevard Overlay Zone. Parking space requirements shall be calculated in accordance with Section 2 above. -9 ny-r 2 i wmI I_�il zn -i?i-i>>n i w,i�2111 i 11 l�, s shall be reduced by fifty percent(50%). S:\Planning\SHARED\wP\SPECPROJ\CODE REVIEW CDRV 19-006 MLK Overlay and Use Matrix revisions Part I\EditsAndMLK 8.12.19-PostJIM.docx 18 Page 486 of 541 EXHIBIT B Figure 63: Recommended Land Use for the Heart of Boynton District 3� /W"', 't it x I t I t a �nx , , sA , LEGEND .._-- Recreational(R) 6�w Industrial(p Low Density Residential(LDR)5 dWaic lMedium Density Residential(MDR)11 dulac High Density Residential(HDR)15 du/ac Special High Density Residential(SHUR)20dW.ac Instituational(PPGI) --- Local Retail Commercial(LRC) General Commercial(GC) =Mixed Use Low(MUL)20 du/ac Mixed Use Medium(MUM)50 du/ac Mixed Use High(MUH)80 du/ac TOD 113 Page 487 of 541 9.A. CITY MANAGER'S REPORT 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: An updated administrative Social Media Use Policy has been developed by the Public Communications and Marketing Department. This is an administrative policy for internal use. EXPLANATION OF REQUEST: Commissioner Romelus requested that the City's Social Media Policy be reviewed and updated. The initial Social Media Policy was created in 2010. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This policy will ensure that city employees responsible for managing the city's social media platforms are creating and posting messaging in a consistent and unified method that benefit the city's branding efforts. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: Do not update the City's Social Media Use Policy. STRATEGIC PLAN: Boynton Beach Branding STRATEGIC PLAN APPLICATION: The City of Boynton Beach utilizes multiple social media platforms in their brand communication activities. Social media is an important tool for branding our city as a destination to live, work and play and distinguishing our city among others. In addition, social media is a valuable communications tool that the City utilizes during emergencies, such as hurricanes. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum 19- Social Media Use Policy Page 488 of 541 Policy No.99-006 SOCIAL MEDIA USE Page 1 of 11 October 1,2019 CITY OF BOYNTON BEACH PUBLIC COMMUNICATIONS & MARKETING DEPARTMENT SOCIAL MEDIA USE POLICY NO. 99-006 October 1, 2019 SUMMARY OF REVISED, DELETED, OR ADDED CONTENT Revision Date Responsible Department Description of Change 1 March 2, 2010 Public Relations Initial Release 2 October 1, 2019 Public Communications& Replaces AMP 05.04.02 Marketing Page 489 of 541 Policy No.99-006 SOCIAL MEDIA USE October 1,2019 Page 2 of 11 Social Media Use 1.1 PURPOSE The City of Boynton Beach recognizes the need and value of social media as an immediate,accessible form of communication to reach a broad audience,to share information,and to engage with residents, visitors, businesses and the media. The City of Boynton Beach uses social media as limited public forums to increase public awareness of and support for the City's policies, programs, services, accomplishments, events, and news, as well as to serve as an immediate form of communication in emergency situations. The City Manager and the City Commission have an overriding interest in coordinating what is communicated on city-owned social media channels to maintain consistency in tone, quality and information across platforms and departments. This policy establishes guidelines for the use,administration,management,monitoring and retention of social media and social media content consistent with federal,state and local laws and regulations. 1.2 SCOPE These procedures, and its provisions, apply to and serve as a guide to all City employees, departments,and contracted entities that distribute information on behalf of the City while engaging in any social media activities.This includes,but is not limited to,full and part-time employees,elected and appointed officials, contractors,interns and volunteers who access or contribute content This policy also applies to members of the public who comment or otherwise interact with the City through its social media sites. In the event of a conflict between this policy and a department specific social media policy,this policy shall prevail. 1.3 DEFINITIONS A. Social Media: various forms of user-created content tools such as social networks, blogs, video sharing, podcasts, wikis, message boards, and online forums. This includes, but is not limited to: picture and video sharing, wall postings, direct or instant messaging, and music sharing. Examples of social media applications include,but are not limited to: Facebook and Nextdoor(social networking);YouTube and SnapChat(social networking and video sharing); Instagram, Flickr and Pinterest (photo sharing); Twitter and Reddit (social networking and microblogging); Google+ and Yahoo Groups (reference, social networking); Wikipedia (reference); Skype and WhatApp (instant messaging and webcam chat); LinkedIn (business networking); and news media comment sharing/blogging sites that allow for user engagement This policy covers all social media tools,both current and future. B. Social Network"n : the practice of expanding one's business and/or social contacts by making connections using a range of social media tools including blogs, video, images, tagging, lists of friends, forums, and messaging that use the Internet to promote such connections through Web-based groups established for that purpose. Page 490 of 541 Policy No.99-006 SOCIAL MEDIA USE October 1,2019 Page 3 of 11 C. Social Media Account:any registration,login credential,tool,forum,network page or profile that is created or maintained by an employee on behalf of the City for the purpose of establishing or perpetuating a social media presence. D. Authorized User: any employee who has been registered with and approved by the Public Communications and Marketing Director and authorized by their Department Director to establish, create, edit, or maintain any social media account, and the posts it may contain, in the transaction of official business of the City. E. Post: any text, message, picture, graphic, image, advertisement, notification, feed, stream, transmission,broadcast,podcast,video,instant message,blog,microblog,status update,wall post, comment, and any and all other forms, means, or attempts at collaboration or communication that is uploaded,posted to,or otherwise displayed on or transmitted by,any social media account or network. 1.4 POLICY Due to social media sites containing information that represents or appears to representviews of the city regarding policy issues or other matters of city business that could affect city leaders,the Public Communications and Marketing Director, under the direction of the City Manager, has oversight on all City-owned social media sites. A. Departments seeking to establish, use or maintain a social media site must obtain formal, written approval from the Public Communications and Marketing Director. B. Personal e-mail addresses or phone numbers shall not be used when setting up or maintaining City-owned social media sites. If an email is necessary, the Public Communications and Marketing department will coordinate with the Information Technology Services (ITS) to create a unique e-mail address for social media use. A social media site user ID and password may only be given to an employee, agent, volunteer, or contractor who has been authorized to use that department's social media site. C. City-owned social media sites that allow comments are established as limited public forums. 1. Comments by the general public on city-owned social media posts will be permitted, documented for public record purposes and closely monitored for compliance with the City of Boynton Beach Social Media Terms of Use Agreement(Attachment 1). 2. Any comment that violates the Social Media Terms of Use Agreement should be documented for records retention and then deleted from public view. The comment maker should then be notified that he or she has violated the Social Media Terms of Use Agreement(Attachment 1),specifying any and all terms that were violated. 3. Under no circumstances are Authorized Users permitted to block members of the public from the limited public forum. D. To meet its purpose,the City's social media sites may contain links to other social media sites or websites that are not owned, regularly reviewed,or controlled by the City.Also,members of the public or other entities may"tag"or link the City's social media accounts to posts. If the Page 491 of 541 Policy No.99-006 SOCIAL MEDIA USE October 1,2019 Page 4 of 11 city or department is tagged inappropriately,authorized users may remove the tag.However, the record must be maintained in the social media site's archive. 1. The provision of direct links should not be construed as an endorsement or sponsorship of these external sites,their content, or their hosts.The City specifically disavows legal responsibility for what a user may find on another site,whether or not operated by the City. The views and opinions of the authors of documents published on or linked to the City's social media accounts do not necessarily state or reflect the opinion, policy or position of the City. The City of Boynton Beach is not responsible for the content, quality, accuracy or completeness of any offsite materials referenced by or linked through the City's social media accounts. By using the City's social networking sites, the user acknowledges and accepts the risk of injury or damage from viewing,hearing, downloading or storing such materials rests entirely with the user and that the City is not responsible for any materials stored on other social networking sites or websites,nor is it liable for any inaccurate,defamatory,offensive or illegal materials found on other social networking sites or websites. 2. The City does not endorse any content, viewpoint, products or services linked from its social media sites and shall not be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information. The City does not warrant the accuracy or reliability of or endorse any products or service providers listed or linked to its site. E. All published content is persistent in the public domain. The City of Boynton Beach is responsible for all content published by Authorized Users on behalf of the City. When speaking on behalf of the City,it should be assumed that all communications are in the public domain and available for publishing and discussion in all forms of media. 1. A list of current social media sites owned by the City is found on Attachment 2. F. All employees should understand the perception of their City of Boynton Beach association on social media. If one identifies as a City of Boynton Beach employee or has a public facing position for which their City association is known to the general public,efforts to ensure one's profile and related content(even if it is personal and not an official nature) is consistent with how one would want to present oneself as a City of Boynton Beach professional,appropriate with the public trust associated with the position, and conforming to existing standards that already exist in City of Boynton Beach policies. 1. The City has the right to monitor employees'social media use on City equipment and will exercise its right as necessary. Users do not and should have no expectation of privacy. Social media is not a secure means of communication 2. Violations of the City's Personnel Policy occurring from social media activity may result in disciplinary actions. G. Elected officials may create, manage,administer, or communicate news and their own views and opinions regarding city business through their own social media activities, but must ensure that they do not hold out such views as representative of the City as a whole. Page 492 of 541 Policy No.99-006 SOCIAL MEDIA USE October 1,2019 Page 5 of 11 1. Elected officials must follow applicable State of Florida laws, including public record and sunshine laws. The City of Boynton Beach does not maintain the archive for elected officials'use of social media. This responsibility falls to the elected official. 2. The following recommendations are offered to elected officials: a. Post content as desired. b. Follow the general content guidelines as outlined previously for City-owned social media accounts. c. Re-post, share and re-tweet applicable posts from City-owned social media accounts and like and follow City accounts. d. Do not like or follow campaign accounts. e. Comply with all applicable law regarding social media use for candidates running for election or re-election. 1.5 PROCEDURE A. All City-owned social media sites WILL: 1. Identify the primary department represented. 2. Include an introductory statementthat clearly specifies the purpose and topical scope of the social media presence. 3. Use approved/official City logos and images for branding the site. 4. List the City website, e-mail address and/or telephone number for contact purposes, where applicable. S. Conspicuously post or link to the City of Boynton Beach Social Media Terms of Use Agreement(Attachment 1). 6. Post official department information, resources, news, events and marketing materials. 7. Ensure all content posted by Authorized Users represents the City's point of view and not those of individual employees. 8. Respect copyright, trademark, fair use and financial disclosure laws, including the protection of sensitive and personally identifiable information. a. Do not use third party content without permission. 9. Engage with members of the public in a warm, professional tone to convey clear messages at all times. Page 493 of 541 Policy No.99-006 SOCIAL MEDIA USE October 1,2019 Page 6 of 11 a. While the use of AP style is preferred,it is recognized that social media is a more casual forum and deviance from AP style is permitted. b. Use of emojis should be limited to those that are in context with the message. When in doubt,leave it out c. Use of profanity and/or inflammatory language is strictly prohibited. 10. Ensure implementation and use complies with applicable mandates, including, but not limited to accessibility guidelines contained in Section 508 of the Rehabilitation Act of 1973,public records provisions contained in Chapter 119 Florida Statutes,and any other applicable Federal, State or local law. a. Alternative-text,or"alt-tags"mustbe entered for all,non-decorative images on social media sites. b. Captions must be made available for all videos within 24 hours of publishing on a social media site. c. For emergency notices and other official notices to the public utilizing recorded or live streaming video technology, a qualified Sign Language Interpreter will be used. d. The City will maintain an archive of all social media activity by Authorized Users on city-owned social media sites in the event of a public records request B. City-owned social media sites will NOT: 1. Communicate political advertisements or electioneering communications concerning an issue,referendum,or other matters that may be subject to the vote of the electors, except for electioneering communications limited to solely factual information in accordance with section 106.113, Florida Statutes. 2. Advertise or promote third party businesses or organizations unless the entity is an official sponsor or partner for a City-approved function or initiative. 3. Use profanity and/or inflammatory language under any circumstances. 4. Disclose or report on conversations that are meant to be pre-decisional or internal to the City of Boynton Beach unless management has authorized the release of such information. S. Communicate irrelevant,impertinent or slanderous information. C. Information Technology Services (ITS)has the following responsibilities: 1. Provide Authorized Users access and log in information specific to their role and the social media sites and tools authorized by their Department Director and the Public Communications and Marketing Director. Page 494 of 541 Policy No.99-006 SOCIAL MEDIA USE October 1,2019 Page 7 of 11 2. Determine an email address to serve as the official e-mail account for all approved social media sites. (This can be the individual Account User's assigned City email address or a general account such as marketing@bbfl.us.) 3. Review all login credentials to social media accounts to ensure compliance with password strength requirements and compliance with established Information and Technology practices and industry best practices relating to information systems security. 4. Retain a login credential database for social media accounts, to provide for control and continuity of operations. S. Respond to any requests for guidance or opinion regarding technology or information systems security. D. The Public Communications and Marketing Department has the following responsibilities: 1. Review proposals for new social media projects and provide formal approval or denial. 2. Provide counsel to the Department as to the appropriate use of the social media site and strategic guidance as to the types of information that should be released and the proper measurement for effectiveness. 3. Monitor content on each Department social media account to ensure adherence to the guidelines in this policy. Inappropriate use may result in the removal of the department page or account from these social media sites. 4. Perform an annual evaluation of the City's social media presence in collaboration with all Authorized Users to determine if additional social media sites are necessary based on perceived potential value, function, opportunity and relation to marketing strategies or if one should be discontinued. S. Host periodic training for Authorized Users, department directors, city commissioners and the city manager,as needed. E. The City Attorney's Office has the following responsibilities: 1. Review and approve any departmental changes or additions to the City of Boynton Beach Social Media Terms of Use Agreement(Attachment 1),as requested. 2. Render opinions on matters regarding disclaimers, terms of use, and privacy concerns as they arise. 3. Provide opinions on matters of public records. F. The City Clerks's Office has the following responsibilities: Page 495 of 541 Policy No.99-006 SOCIAL MEDIA USE October 1,2019 Page 8 of 11 1. All original content, such as images, documents, and video placed or linked on social media sites by Authorized Users, should be archived in the event of a public records request 2. The City of Boynton Beach utilizes the services of a reputable third-party system to capture all relevant posts,comments and interactions. a. Accounts that are archived including all city-owned social media sites by department but does not include the personal sites of elected officials. Future accounts may be added at any time. b. Social media accounts are by definition searchable history feeds, but archiving is necessary to maintain records of removed content, edited content and direct messages. c. Accounts that are not archived include campaign accounts of those running for office against an incumbent and campaign accounts of incumbents; personal accounts of elected officials, employees and officers; public pages and profiles that are followed by the official City of Boynton Beach pages and profiles. 1.5 EFFECTIVE DATE This policy is effective as of October 1, 2019. Page 496 of 541 Policy No.99-006 SOCIAL MEDIA USE October 1,2019 Page 9 of 11 Attachment 1: City of Boynton Beach Social Media Terms of Use Agreement All social media platforms used by the City of Boynton Beach are designated as Limited Public Forums.The department welcomes a person's right to express his/her opinion and encourages posters to keep comments relevant to the topic in question. By posting or commenting on any social media platform used by the City of Boynton Beach,you participate by your own choice,taking personal responsibility for your comments,your username and any information you provide therein.Your participation constitutes acceptance of the terms of use described here in this policy. A. All comments are subjectto public records law. Keep your comments clean and appropriate. Inappropriate comments,comments not related to the purpose of the page or comments not related to the specific post are subject to deletion by the administrator of this account If you don't comply with the posting guidelines as listed below, an administrator will contact you and your message will be removed. B. While this forum is closely monitored, it is not to be used as a reporting mechanism for emergency situations or time-sensitive issues. In case of an emergency, or if police assistance is needed,please dial 911.Anyone with information about a crime is asked to call the police at 561-732-8116 or Crime Stoppers at 800-458-TIPS. Tips can also be submitted via the MYPD app or online at http://www.bbpd.org/.You can remain anonymous. C. The City reserves the rightto remove posts containing inappropriate materials that includes, but is not limited to: 1. Comments not related to the original topic, including random or unintelligible comments; 2. Graphic, obscene or explicit comments or submissions nor any comments that are abusive, threatening, hateful or intended to threaten or defame anyone or any organization or comments that suggest or encourage illegal activity or violence; 3. Content that promotes,fosters or perpetuates discrimination on the basis of race,creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin,physical or mental disability, gender identity or sexual orientation. 4. Comments in support of,or in opposition to,any political campaigns or ballot measures; S. Solicitation of commerce, including but not limited to advertising of any business or product for sale.This includes other online pages or organizations asking for donations, excluding other local government partners. 6. Information that may compromise the safety or security of the public or public systems, including comments which may reasonably interfere with, inhibit, or compromise law enforcement investigations, police tactics, police responses to incidents and/or the safety of police staff and officers; 7. Content that violates a copyright, trademark or other legal ownership interest of any other party, Page 497 of 541 Policy No.99-006 SOCIAL MEDIA USE October 1,2019 Page 10 of 11 8. Harassment or content which constitutes and/or facilitates stalking; 9. Repetitive content Repeated posting of identical or very similar content in a counterproductive manner; 10. Links to or references to commercial websites, spam or any third-party website unless posted by the City's authorized users for links to partnered/sponsored organizations, confirmed governmental agencies or other legitimate organizations as the City deems appropriate. Should you have any questions in regards to items contained herein this Terms of Use,please contact the City of Boynton Beach Public Communications and Marketing Director at 561-742-6010. Pursuant to FL Statute 668.6076: Under Florida law, e-mail addresses are public records. If you do not wantyour e-mail address released in response to a public records request,do not send electronic mail to us. Instead, contact our office by phone or in person. Page 498 of 541 Policy No.99-006 SOCIAL MEDIA USE October 1,2019 Page 11 of 11 Attachment 2: List of current social media sites owned by the City of Boynton Beach The list below is current as of October 1, 2019.The Public Communications and Marketing Department will maintain the list of Authorized Users for each site listed below. Department Facebook Twitter` InstagramNextdoor YouTube s Art in Public Places X X X City Manager X X City of Boynton Beach X X X X X Fire Fire Rescue X Library X X X Police X X X X X Recreations and Parks X X X The Links X Utilities X X Page 499 of 541 9.B. CITY MANAGER'S REPORT 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: City staff and the development team for Town Square will provide a brief update to the Commission on the status of the project. EXPLANATION OF REQUEST: The City Commission has requested that staff provide a monthly update on the Town Square project. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Provide regular updates to the City Commission on this project. FISCAL IMPACT: n/a ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 500 of 541 11.A. NEW BUSINESS 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Approve the request of Commissioner Romelus to distribute $500.00 of her Community Support Funds to Growing Strong Ministries, Inc. EXPLANATION OF REQUEST: Commissioner Romelus requests to distribute $500.00 of her Community Support Funds to Growing Strong Ministries, Inc. to provide Thanksgiving baskets to families in need. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Community Support Funds of$2,000 for each Commission member were approved in 2019/2020 budget. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Community Support Funds Request Form Page 501 of 541 RIS-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUESTFORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: :1_1 1 7 - Amount Requested: $ s0c) ' Recipient/Payee: CIc- Description of project, program, or activity to be funded: "J!8 Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $ The balance of funds available for the requesting Member of the Commission is Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: Iq 1kWBy- 4—L �2(_)k -Id City Clerk ��� Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated: By: Requesting Member of the City Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\Community—Support—Funs—Policy.2015.doc Page 502 of 541 12.A. LEGAL 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation. DAVID FLOERING, Plaintiff, vs. PAUL FREDERICK GREEN, CITY OF BOYNTON BEACH and STATE NATIONAL INSURANCE COMPANY, INC., a Foreign for Profit Corporation, Defendants— Palm Beach County Circuit Court Case No. 50 2017 CA 010537 EXPLANATION OF REQUEST: Discussion of pending litigation in the following case: DAVID FLOERING, Plaintiff, vs. PAUL FREDERICK GREEN, CITY OF BOYNTON BEACH and STATE NATIONAL INSURANCE COMPANY, INC., a Foreign for Profit Corporation, Defendants— Palm Beach County Circuit Court Case No. 50 2017 CA 010537 In attendance will be the City Attorney James Cherof along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 45 minutes. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: Budgeted Cost of a Court Reporter ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Page 503 of 541 Grant Amount: ATTACHMENTS: Type Description D Memo Memo requesting attorney-client closed door session Page 504 of 541 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: September 17, 2019 RE: Request for Private Attorney-Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: DAVID FLOERING, Plaintiff, vs. PAUL FREDERICK GREEN, CITY OF BOYNTON BEACH and STATE NATIONAL INSURANCE COMPANY, INC., a Foreign for Profit Corporation, Defendants — Palm Beach County Circuit Court Case No. 50 2017 CA 010537 In attendance will be the City Attorney James Cherof along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 45 minutes. The time and date of this private attorney-client session will be October 15, 2019 at 5:45 p.m. C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\8894B1FE-9D79-4446-9356-6310897A1163\Boynton Beach.18267.1.Req uest_For_Ex_Session_-_(Floering)_(091719).Docx Page 505 of 541 12.B. LEGAL 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: City Commission authorization to file four (4) separate lawsuits on non-homestead properties. EXPLANATION OF REQUEST: The City has recorded liens against three (3) commercial properties and one (1) duplex property. The liens arise from charges for lot mowing by the City after the property owner failed to keep the property clean and due to code violations. The four (4) cases are summarized as follows: JEANNE AND KA HOCK GO 301 W. BOYNTON BEACH BLVD. Zoning: Commercial & Unoccupied PAPA Appraisal: $210,803 Lot Mowing liens: $5,941.69 Code lien: 14-1675 $354,034.12 and $200 per day running since 11/15/14 Corrective Action: Restore property to original approved site plan Code lien: 17-1114 $46,434.12 total amount Corrective Action: Remove rotten poles on property and repair fence BENJAMIN AND KAREN HO 1101 N. FEDERAL HWY. Zoning: Commercial & Unoccupied PAPA Appraisal: $98,003 Lot Mowing liens: $1,725.54 Code lien: 16-506 $617,634.12 and $500 per day running since 5/1/16 Corrective Action: Demo- Building declared unsafe per Building. IVAAND RENAN LAURORE 504 NW 12TH AVE. Zoning: Duplex& Occupied PAPA Appraisal: $33,585 Code lien: 06-2510 $634,084.12 total amount Corrective Action: Obtain plumbing permit and rental license Code lien: 07-959 $346.03 total amount Corrective Action: Remove trash and debris on property and repair fence Page 506 of 541 ECKOLS 76 LTD AND ECKOLS 86 LTD 1102 N. FEDERAL HWY. Zoning: Commercial & Unoccupied PAPA Appraisal: $247,947 Lot Mowing liens: $1,087.69 Code lien: 07-2084 $639,484.12 and $150 per day running since 1/19/08 Corrective Action: Repair broken windows, restripe parking lot and install address numbers Code lien: 15-2598 $132,634.12 and $100 per day running since 2/5/16 Corrective Action: Repair fence and broken windows Property details from the Palm Beach County Property Appraiser's website are attached for further information on each property. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Foreclosure of these liens will demonstrate to these property owners and others like them that the City is committed to either obtaining compliance with property maintenance standards or obtaining a change in ownership of those properties, including transfer to the City, when appropriate. FISCAL IMPACT: Budgeted It is estimated that each foreclosure, inclusive of attorney fees and court costs will be $10,000 anticipating aggressive defense by the property owners. The fees and costs could be significantly less if the respective property owner does not defend. ALTERNATIVES: 1. Defer action on one or more of the properties 2. Authorize pre-suit negotiations. With respect to this option, On January 15, 2019, the City Commission directed staff to "reach out to tax deed holder prior to foreclosure." There is no record of successful action in that regard. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 507 of 541 ATTACHMENTS: Type Description D Attachment PBC PAPA Property Details Page 508 of 541 9/18/2019 hftps://www.pbcgov.org/papalAsps/PropertyDetail/PrinterfriendlyPropertyPrint.aspx?parcel=08434521320020201 Property Detail Location Address 1102 N FEDERAL HWY Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-32-002-0201 Subdivision LAKE ADD TO BOYNTON Official Records Book 10163 Page 0685 Sale Date DEC-1997 LAKE ADD TO BOYNTON LT 20(LESS ELY 2.5 FT, N FEDERAL HWY&RTN CRV AREA Legal Description R/WS)< 21(LESS N 2 2.10 FT, ELY 2.5 FT&N FEDERAL HWY R/W)IN OR10163P685 BLK 2 Owner Information Owners Mailing address ECKOLS 76 LTD& 2400 NW BOCA RATON BLVD ECKOLS 86 LTD BOCA RATON FL 33431 6647 Sales Information Sales Date Price OR Book/Page Sale Type Owner E DEC-1997 $150,000 10163 /00685 WARRANTY DEED ECKOLS 76 LTD& FEB-1994 $100 08131 /00348 CERT OF TITLE 'JAN-1971 $32,000 01940/ 00331 Exemption Information No Exemption information available Property Information Number of Units 0 *Total Square Feet 1980 Acres 0.1509 Use Code 1100-STORES Zoning C4-General Commercial(08-BOYNTON BEACH) Appraisals Tax Year 2018 P 2018 2017 Improvement Value $113,488' $113,087 $112,779 Land Value $134,459 $130,514 $124,268 Total Market Value $247,947 $243,601 $237,047 P,,-- Prehrr0nary All values are as of January 1 st each year Assessed and Taxable Values Tax Year 2019 P 2018 2017 Assessed Value $247,947 $243,601 $228,313 Exemption Amount S0 $0 $0 Taxable Value $247,947 $243,601 $228,313 Taxes Tax Year 2019 P 2018 2017 Ad Valorem $5,358 $5,131 $4,934 Non Ad Valorem $927 $925 $935 Total tax $6,285 $6,056 $5,869 Dorothy Jacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 509 of 541 9/18/2019 https://www.pbcgov.org/papalAsps/PropertyDetail/PrinterfriendlyPropertyPrint.aspx?parcel=08434521320080010 Property Detail Location Address 1101 N FEDERAL HWY Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-32-008-0010 Subdivision LAKE ADD TO BOYNTON Official Records Book 30338 Page 940 Sale Date DEC-2018 Legal Description LAKE ADD TO BOYNTON LT 1 BLK A Owner Information Owners Mailing address HO KAREN 9174 CHIANTI CT HO WING& BOYNTON BEACH FL 33472 2459 Sales Information Sales Date Price OR Book/Page Sale Type Owner DEC-2018 $10 30338 / 00940 QUIT CLAIM HO WING& AUG-2012 $40,000 25434/00464 WARRANTY DEED HO BENJAMIN L JUN-2012 $10 25295 /01462 WARRANTY DEED HEARTWOOD 57 LLC MAR-2012 $60,100 25053 /01300 CERT OF TITLE BANKATLANTIC AUG-2004 $10 17517/ 00088 QUIT CLAIM HITE PETER& W11-2004 $165,000 17039 /00990 WARRANTY DEED HITE PETER i MAR-2004 $10 17039 / 00989 QUIT CLAIM EXANTUS ROSE E MAR-2002 $10 13523 /00248 QUIT CLAIM EXANTUS ROSE E DEC-1999 $110,000 11548 / 00669 WARRANTY DEED EXANTUS MATHIEU P MAR-1998 $30,000 10406 /01428 QUIT CLAIM AARON BENJAMIN DEC-1983 $35,000 04133 /01873 WARRANTY DEED Exemption Information No Exemption information available Property Information Number of Units 0 'Total Square Feet 2460 Acres 0.1067 Use Code 1100 -STORES Zoning C4-General Commercial (08-BOYNTON BEACH) Appraisals Tax Year 2019 P 2018 2017 Improvement Value $2,931 $2,638 $2,677 Land Value $95,072 $92,283 $87,866 Total Market Value $98,003 $94,921 $90,543 P := Pr6mb r'y All values are as of January 1 st each year Assessed and Taxable Values Tax Year 2019 P 2018 2017 Assessed Value $98,003 $94,921 $87,190 Exemption Amount $0 $0 $0 Taxable Value $98,003 $94,921 $87,190 Taxes Tax Year 2018 P 2018 2017 Ad Valorem $2,118 $1,999 $1,884 Non Ad Valorem $1,151 $1,149 $1,161 Total tax $3,269 $3,148 $3,045 Dorothy lacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 510 of 541 9/18/2019 https://www.pbcgov.org/papa/Asps/PropertyDetail/PrinterfriendlyPropertyPrint.aspx?parcel=08434521070011790 Property Detail Location Address 301 W BOYNTON BEACH BLVD Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-07-001-1790 Subdivision BOYNTON HILLS IN Official Records Book 06069 Page 1448 Sale Date JAN-1989 Legal Description BOYNTON HILLS LT 179(LESS S 10 FT RD R/W)< 180 BLK A Owner Information Owners Mailing address GO JEANNE 801 NE 76TH ST GO KA HOCK D& BOCA RATON FL 33487 1736 Sales Information Sales Date Price OR Book/Page Sale Type Owner JAN-1989 $137,500 06069 / 01448 WARRANTY DEED GO KA HOCK D& APR-1987 $95,000 05231 / 00317 WARRANTY DEED JAN-1979 $100,000 03092 / 01625 Exemption Information No Exemption information available Property Information Number of Units 0 'Total Square Feet 1716 Acres 0.2139 Use Code 1900- PROF OFFICES Zoning C2- Neighborhood Commercial(08-BOYNTON BEACH) Appraisals Tax Year 2019 P 2018 2017 Improvement Value $99,651 $105,162 $101,137 Land Value $111,152 $107,891 $102,767 Total Market Value $210,803 $213,053 $203,904 I,= Preiimznary All values are as of January 1 st each year Assessed and Taxable Values Tax Year 2019 P 2018 2017 Assessed Value $210,803 $213,053 $203,904 Exemption Amount $0 $0 $0 Taxable Value $210,803 $213,053 $203,904 Taxes Tax Year 2019 P 2018 2017 Ad Valorem $4,555 $4,487 $4,354 Non Ad Valorem $803 $801 $810 Total tax $5,358 $5,288 $5,164 Dorothy Jacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 511 of 541 9/18/2019 https://www.pbcgov.org/papa/Asps/PropertyDetaiVPrinterfriendlyPropertyPrint.aspx?parcel=08434521140003940 Property Detail Location Address 504 NW 12TH AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-14-000-3940 Subdivision CHERRY HILLS Official Records Book 15129 Page 174 Sale Date MAR-2003 Legal Description CHERRY HILLS LTS 394&395 Owner Information Owners Mailing address LAURORE IVA C PO BOX 278944 LAURORE RENAN& MIRAMAR FL 33027 8944 Sales Information Sales Date Price OR Book/Page Sale Type Owner MAR-2003 $93,000 15129/00174 WARRANTY DEED LAURORE RENAN& JAN-2003 $75,500 14755 /00083 WARRANTY DEED ZIVKOVIC ROBERT DEC-2002 $56,000 14502 / 00762 WARRANTY DEED AMERICAN RESIDENTIAL MARKETING INC E NOV-2002 $46,500 14569 /01064 WARRANTY DEED DREAMBIG INVESTMENT GROUP INC 'JUN-1993 $100 07830/00943 QUIT CLAIM .FEB-1987 $127,000 05200/01525 WARRANTY DEED JUL-1986 $130,000 04958 / 00427 WARRANTY DEED Exemption Information No Exemption information available Property Information Number of Units 3 *Total Square Feet 3040 Acres 0.1148 Use Code 0800-MULTIFAMILY< 10 UNITS Zoning R2 - Duplex(08-BOYNTON BEACH) Appraisals Tax Year 2019 P 2018 2017 Improvement Value $12,165 $11,030 $13,236 Land Value $21,420 $21,450 $19,500 Total Market Value $33,585 $32,480 $32,736 P= Preliminary All values are as of January 1 st each year Assessed and Taxable Values Tax Year 2019 P 2018 2017 Assessed Value $33,585 $32,480 $29,674 Exemption Amount $0 $0 S0 Taxable Value $33,585 $32,480 $29,674 Taxes Tax Year 2019 P 2018 2017 Ad Valorem $726 $684 $654 Non Ad Valorem $1,116 $1,115 $880 Total tax $1,842 $1,799 $1,534 Dorothy Sacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 512 of 541 12.C. LEGAL 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-035 - SECOND READING - Approve Ordinance establishing regulations regarding the posting of underage drinking signs. EXPLANATION OF REQUEST: Concerned Citizens have proposed that the City Commission adopt the proposed Ordinance which is intended to increase awareness of State prohibitions regarding the sale of alcohol to minors. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: None ALTERNATIVES: Not adopt the Code amendment. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance Point of Purchase Signage Page 513 of 541 I ORDINANCE 19- 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 FLORIDA AMENDING THE CODE OF ORDINANCES OF THE 4 CITY OF BOYNTON BEACH, CHAPTER 3, ALCOHOLIC 5 BEVERAGES, ESTABLISHING REGULATIONS REGARDING 6 THE POSTING OF UNDERAGE DRINKING SIGNS; 7 PROVIDING FOR CODIFICATION, CONFLICTS, 8 SEVERABILITY AND AN EFFECTIVE DATE. 9 WHEREAS, pursuant to Florida's Municipal Home Rule Powers Act, Chapter 166, 10 Florida Statutes, the City of Boynton Beach may exercise any power for a municipal purpose 11 unless otherwise expressly prohibited; and 12 13 WHEREAS, the City Commission of the City of Boynton Beach finds that underage 14 drinking and the service of alcoholic beverages to minors is a problem in the City of Boynton 15 Beach; and 16 WHEREAS, medical studies and highway statistics note serious health risks and 17 adverse effects associated with consumption of alcoholic beverages by minors; and 18 WHEREAS, the general public should be informed regarding the law prohibiting 19 service of alcoholic beverages to minors; and 20 WHEREAS, the general public should be informed regarding the penalties associated 21 with the sale or provision of alcoholic beverages to minors; and 22 WHEREAS, the posting of signs with such information by vendors and certain other 23 dispensers of alcoholic beverages warning of the prohibition against and the penalties 24 associated with the sale or provision of alcoholic beverages to minors will make the public 25 aware of the possible consequences of providing alcoholic beverages to underage minors; and 26 WHEREAS, the Palm Beach County Substance Awareness Coalition has endorsed the 27 posting of these types of signs as an effective measure to generate awareness and deterrence of 28 the provision of alcoholic beverages to underage minors; and 29 WHEREAS, the City Commission of the City of Boynton Beach finds that it will serve 30 the public health, safety and welfare of the citizens of the City of Boynton Beach to inform the 31 public as to penalties associated with selling alcohol to minors. 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 33 THE CITY OF BOYNTON BEACH, FLORIDA, that: 34 SECTION 1: The foregoing Whereas clauses are true and correct and incorporated herein by 35 this reference. 36 Language underlined added, and language stricken deleted. Asterisks****indicate language not amended which has been omitted to save space. Page 1 of 5 Page 514 of 541 37 SECTION 2: The City Commission of the City of Boynton Beach, Florida hereby finds that 38 underage drinking and the service of alcoholic beverages to minors is a problem 39 in the City of Boynton Beach and that medical studies and highway statistics 40 note serious health risks and adverse effects associated with consumption of 41 alcoholic beverages by minors. The Commission further declares and finds that 42 the general public should be informed regarding the law prohibiting service of 43 alcoholic beverages to minors and the penalties associated with the sale or 44 provision of alcoholic beverages to minors and that the posting of signs with 45 such information by vendors and certain other dispensers of alcoholic 46 beverages warning of the prohibition against and the penalties associated with 47 the sale or provision of alcoholic beverages to minors will make the public 48 aware of the possible consequences of providing alcoholic beverages to 49 underage minors. The Commission further finds that the Palm Beach County 50 Substance Awareness Coalition has endorsed the posting of these types of signs 51 as an effective measure to generate awareness and deterrence of the provision 52 of alcoholic beverages to underage minors. Accordingly,the Commission finds 53 that it will serve the public health, safety and welfare of the citizens of the City 54 of Boynton Beach to inform the public as to penalties associated with selling 55 alcohol to minors. 56 SECTION 3: The Code of Ordinances of the City of Boynton Beach at Chapter 3, Alcoholic 57 Beverages, Section 3-1, Definitions, is hereby amended to add the following 58 definitions. All other provisions of Section 3-1 shall remain unchanged. 59 Sec. 3-1. — Definitions. 60 *********** 61 62 Business establishment includes, but is not limited to, any place of business or anv 63 club, organization, person, firm, corporation or partnership, such as: a golf club; country club; 64 veteran's fraternal or benevolent organization; grocery store; drug store; nightclub; bottle club; 65 cocktail bar; hotel bar; tavern; bona fide restaurant; restaurant bar; grill; filling station; 66 convenience store; package store; or any other building; structure or location or portion thereof, 67 wherein one person directly or indirectly pays another for purchase or dispensing of an 68 alcoholic beverage. 69 70 ********** 71 72 Conspicuously posted means clearly visible, easily readable and immediately apparent 73 upon viewing. 74 75 *** 76 77 Dispense means storing, handling, apportionment, preparation, gift, distribution, or 78 serving, directly or indirectly, of any amount of an alcoholic beverage to or for any person by 79 any officer, owner, operator, lessee, or employee of a business establishment. For purpose 80 of this definition, permitting or allowing any person to carry alcoholic beverages on the 81 premises of any business establishment to be consumed thereon shall constitute the 82 "dispensing" of such beverages. Language underlined added, and language stricken deleted. Asterisks****indicate language not amended which has been omitted to save space. Page 2 of 5 Page 515 of 541 83 84 *** 85 86 Minor means any individual under the legal drinking age as set forth in F.S. M 562.11 87 and 562.111, as may be amended or replaced. 88 89 *** 90 91 Person means an individual, person, firm, joint venture, partnership, corporation, 92 estate, trust, business trust, syndicate, fiduciary, association, and all other groups or 93 combinations. 94 95 *** 96 97 Sale means any transfer of an alcoholic beverage for consideration, or any gift of any 98 alcoholic beverage in connection with or as a part of a transfer of any property or product for 99 consideration. 100 101 Vendor of alcoholic beverages means any person who owns or operates a business 102 establishment which sells or dispenses any alcoholic beverages for consumption on or off the 103 premises. 104 105 106 SECTION 4: The Code of Ordinances of the City of Boynton Beach at Chapter 3, Alcoholic 107 Beverages, Section 3-5, Possession or consumption prohibited, is hereby 108 amended to add subsections (c) and (d) which shall read as shown below. All 109 other provisions of Section 3-5 shall remain unchanged. 110 Sec. 3-5. — Possession or consumption prohibited 111 ************ 112 c) All persons who own or operate a business establishment in the city which sells 113 or dispenses alcoholic beverages for consumption on or off the premises shall conspicuously 114 post a notice within said business establishment in such a place where alcoholic beverages 115 are either displayed, purchased, or consumed. Such notice shall comply with the requirements 116 of this section. Failure to post such required notice pursuant to the requirements of this section 117 shall constitute a violation of this ordinance. This restriction shall not apply to: 118 1. A bona fide restaurant without a restaurant bar. Such places of business 119 shall conspicuously post a notice within said business establishment in such a place where it 120 will be visible to all employees of said business. 121 d) Required notice shall consist of one or more signs or notices, each of which is 122 not less than ninety-three square inches (8-1/2" x 11"), with at least 30-point type, which 123 contains the following information, clearly discernable by persons to whom alcoholic beverages 124 may be sold or dispensed: 125 1. It is unlawful to purchase alcohol if you are under 21 years of age. Language underlined added, and language stricken deleted. Asterisks****indicate language not amended which has been omitted to save space. Page 3 of 5 Page 516 of 541 126 2. It is unlawful to sell or dispense alcohol to persons under 21 years of 127 age, unless exempt pursuant to sections 562.11 or 562.13, Florida Statutes. 128 23. T-hP- peRaltiocr, ss8vu ania4� F �Xith the lo�OF �dirPn of a'GE) lin m � * c �� T �r 129 beyeFages 4r. PeFSORS 6IRder 21 dears of age irinlArlo imrric�rimori4 iri n� ri4i i�il 130 feF a peFied of 6ip to 60 days, a fiRe 61P tG $500, OF hAth 131 43. A telephone number to report those who are in violation of the law. Such 132 telephone numbers may include but are not limited to: 133 a. 211 Palm Beach County; 134 b. 561-650-6840— Division of Alcoholic Beverages and Tobacco. 135 C. 1-877 MEANS 21 (877-632-6721) 136 137 SECTION 5: Authority is hereby granted to codify the text amendments set forth in 138 Sections 2 through 4 of this Ordinance. 139 SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby 140 repealed. 141 SECTION 7: Should any section or provision of this Ordinance or any portion, 142 paragraph, sentence or word be declared by a court of competent jurisdiction to 143 be invalid, such decision shall not affect the validity of the remainder of this 144 Ordinance. 145 SECTION 8: This Ordinance shall take effect in accordance with law. 146 FIRST READING this day of , 2019. 147 148 SECOND, FINAL READING AND PASSAGE THIS day of 149 2019. 150 151 CITY OF BOYNTON BEACH, FLORIDA 152 153 YES NO 154 155 Mayor— Steven B. Grant 156 157 Vice Mayor—Justin Katz 158 159 Commissioner—Mack McCray 160 161 Commissioner—Christina L. Romelus 162 163 Commissioner—Ty Penserga 164 165 VOTE Language underlined added, and language stricken deleted. Asterisks****indicate language not amended which has been omitted to save space. Page 4 of 5 Page 517 of 541 166 167 ATTEST: 168 169 170 171 Crystal Gibson, MMC 172 City Clerk 173 174 175 (Corporate Seal) 176 Language underlined added, and language stricken deleted. Asterisks****indicate language not amended which has been omitted to save space. Page 5 of 5 Page 518 of 541 12.D. LEGAL 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-036 - SECOND READING - PUBLIC HEARING -Approve the change in qualifying dates for candidates for the March 17, 2020 municipal election. EXPLANATION OF REQUEST: The Palm Beach County Supervisor of Elections (SOE), has asked all municipalities to change their Candidate Qualifying dates in order to comply with Florida Statutes 101.062(4)(a)&(b)which requires mailing of Vote by Mail Ballots 45 days prior to a General Election to military and overseas voters and 35 to 28 days prior to the election for all other Vote by Mail ballots. Municipal Elections are considered General Elections. The election management system used by the SOE Office only allows all municipal elections to be entered at one time. Therefore, if our candidates names are not available to be printed on the Vote by Mail ballots and sent 45 days prior to the election due to our qualifying dates, all municipalities will be out of compliance with Florida law. The City's qualifying period is set forth in Article 111, Section 40 of the City Charter. Sections 100.3605 and 166.021, Florida Statutes, provide that qualifying dates in a municipal charter may be amended without a referendum. The new qualifying period for the March 17, 2020 election would be from noon on Tuesday, November 26, 2019 to noon on Tuesday, December 10, 2019. Following the March 17, 2020 election and any subsequent runoff election, the qualifying period for the City's elections will thereafter comply with the City's Charter. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The conduct of municipal elections is a state mandate to conduct the business of the City. FISCAL IMPACT: The Supervisor of Elections could refuse to offer services to the City of Boynton Beach. Another source for equipment and processing of votes would have to be obtained. ALTERNATIVES: Do not change the qualifying dates and place all municipalities out of compliance with State statutes and risk the Palm Beach County SOE Office refusing to assist with our elections. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 519 of 541 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending qualifying dates for 2020 Election Page 520 of 541 1 2 ORDINANCE NO. 19- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 6 AMENDING QUALIFYING DATES SET FORTH IN ARTICLE III, 7 SECTION 40 OF THE CITY'S CHARTER TO AMEND THE DATES 8 FOR QUALIFYING FOR THE MARCH 17, 2020 CITY ELECTION 9 ONLY PURSUANT TO SECTIONS 100.3605 AND 166.021, FLORIDA 10 STATUTES; PROVIDING FOR CONFLICTS, PROVIDING FOR 11 SEVERABILITY,AND PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, Article HI, Section 40 of the City' Charter provides for a qualifying 14 period for the City's General Municipal Elections to be from the last Tuesday in January to 15 the First Tuesday in February of the year in which the election is to be held; and, 16 WHEREAS, the Palm Beach County Supervisor of Elections has advised all 17 municipalities in Palm Beach County that in order for her to comply with legal timelines for 18 ballots for the statewide elections, all municipal qualifying periods must occur earlier than the 19 dates set forth in the City's Charter; and, 20 WHEREAS, Section 100.3605,Florida Statutes,provides authority for municipalities 21 to move their election and qualifying dates without referendum; and, 22 WHEREAS, Section 166.021(4), Florida Statutes, exempts changes to qualifying 23 dates from the referendum requirement for amending a municipal charter; and, 24 WHEREAS, pursuant to Sections 100.3605 and 166.021(4), Florida Statutes, the 25 qualifying period for City General Municipal Election to be held on March 17, 2020 shall be 26 amended, and shall be from noon on Tuesday, November 26, 2019 to noon on Tuesday, 27 December 10, 2019. 28 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA: CODING: Words in stfike*h-etigi, type are deletions from existing law; Words in underlined type are additions. S:ACA\Ordinances\Qualifying Period Revision(2020 Election Only)-Ordinance.Docx Page 1 of 4 Page 521 of 541 30 31 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 32 as being true and correct and incorporated herein by this reference. 33 Section 2. The City Commission hereby amends the qualifying period for the City's 34 2020 General Election scheduled to be held on Tuesday, March 17, 2020 as follows: 35 (a) Qualifying period for Candidates will be from noon on Tuesday, November 26, 36 2019 to noon on Tuesday, December 10, 2019.1"6 ja'Aa+-s 4:1-,- 1- +- 37 -f+37 38 39 40 41 42 43 44 CledE shall +--ansm1+141eflaffies a, a.. eafl-I -I-- 45 46 aftefdhe "lose of"-alify;,,n 47 Section 3. F "OpIl 1-1 48 ; 49 " 50 hefein above, and feads as f-allows: 51 52 , CODING: Words in stfike*i.,-otigi, type are deletions from existing law; Words in underlined type are additions. S:ACA\Ordinances\Qualifying Period Revision(2020 Election Only)-Ordinance.Docx Page 2 of 4 Page 522 of 541 53 54 enee a week If-F +Fv-ve stiek eleetien +,-a+ ffifty be 1'-1A --l' 55 56 aft a+--s '-F -.,y all file siiek papefs and -pay siieh Ifleles "as M.."ay be 57 58 59 60 61 62 63 64 Nothing herein is intended 65 to create a permanent change to the City's charter. Following the March 17, 2020 election and 66 any subsequent runoff election, the qualifying period for Boynton Beach Municipal elections 67 shall thereafter compo with the City's Charter. 68 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 69 in conflict herewith are hereby repealed to the extent of such conflict. 70 Section 5. If any clause, section or other part of this Ordinance shall be held by any 71 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 72 invalid part shall be considered as eliminated and in no way affecting the validity of the other 73 provisions of this Ordinance. 74 Section 6. This Ordinance shall take effect immediately upon its adoption. CODING: Words in st+ike th-etigi, type are deletions from existing law; Words in underlined type are additions. S:ACA\Ordinances\Qualifying Period Revision(2020 Election Only)-Ordinance.Docx Page 3 of 4 Page 523 of 541 75 FIRST READING this day of 2019. 76 77 SECOND, FINAL READING AND PASSAGE this day of 78 , 2019. 79 80 CITY OF BOYNTON BEACH, FLORIDA 81 YES NO 82 83 Mayor— Steven B. Grant 84 85 Vice Mayor—Justin Katz 86 87 Commissioner—Mack McCray 88 89 Commissioner—Christina L. Romelus 90 91 Commissioner—Ty Penserga 92 93 94 VOTE 95 ATTEST: 96 97 98 99 Crystal Gibson, MMC 100 City Clerk 101 102 (Corporate Seal) CODING: Words in stfike*h-etigi, type are deletions from existing law; Words in underlined type are additions. S:ACA\Ordinances\Qualifying Period Revision(2020 Election Only)-Ordinance.Docx Page 4 of 4 Page 524 of 541 12.E. LEGAL 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE 19-037 - FIRST READING - Approval of an Ordinance of the city commission of the city of Boynton amending chapter 18, pensions and retirement, of the code of ordinances to create a new article xi, "deferred retirement option plan" providing for uniform deferred retirement option plan benefits for all city employees; amending conflicting provision of drop benefits contained in the general employee, fire and police pension plans; providing for delayed implementation to accommodate collective bargaining or waiver of bargaining. EXPLANATION OF REQUEST: Create one DROP Ordinance for all employee groups. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Maintain DROP program with more sustainable interest payments. FISCAL IMPACT: Pension plan will not have to fund a guarantee of 7% interest on DROP funds for affected employees/retirees. ALTERNATIVES: Maintain status quo. Modify terms and present for bargaining. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 525 of 541 ATTACHMENTS: Type Description Ordinance appro\Ang consolidation of DROP D Ordinance Plans Page 526 of 541 I ORDINANCE NO. 19- 2 AN ORDINANCE OF THE CITY COMMISSION OF THE 3 CITY OF BOYNTON AMENDING CHAPTER 18, 4 PENSIONS AND RETIREMENT, OF THE CODE OF 5 ORDINANCES TO CREATE A NEW ARTICLE XI, 6 "DEFERRED RETIREMENT OPTION PLAN"PROVIDING 7 FOR UNIFORM DEFERRED RETIREMENT OPTION 8 PLAN BENEFITS FOR ALL CITY EMPLOYEES; 9 AMENDING CONFLICTING PROVISION OF DROP 10 BENEFITS CONTAINED IN THE GENERAL EMPLOYEE, 11 FIRE AND POLICE PENSION PLANS; PROVIDING FOR 12 DELAYED IMPLEMENTATION TO ACCOMMODATE 13 COLLECTIVE BARGAINING OR WAIVER OF 14 BARGAINING; PROVIDING FOR CODIFICATION AND 15 AN EFFECTIVE DATE. 16 WHEREAS, it is the intent of the City Commission to reform City employee retirement 17 benefits to achieve, to the extent allowed by law, a sustainable uniform level of retirement 18 benefits for current and future City employees; and 19 WHEREAS, employees of the City and their respective unions have promoted a 20 deferred retirement option plan as a cost neutral retirement benefit which allows an employee 21 to accumulate a substantial retirement nest egg, payable at time of separation from service, by 22 providing an investment tool that has the potential to earn interest at a rate well in excess of 23 traditional savings and money market rates of return; and 24 WHEREAS, there currently exist deferred retirement drop plans with different 25 provision for general employees, fire/rescue employees, and police employees; and 26 WHEREAS, the City Commission desires to create a uniform deferred retirement 27 option plan for all City employees without regard to the nature of their job position so as to 28 demonstrate the City Commission's commitment to equal retirement security of all City 29 employees. 30 NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF BOYNTON 31 BEACH HEREBY ENACTS THE CITY'S CONSOLIDATED DEFERRED 32 RETIREMENT OPTION PLAN AS FOLLOWS: 33 Section 1 A new section 18-300 of Article XI of Chapter 18 of the Code of 34 Ordinances is created as follows. S:ACA\Ordinances\Consolidated DROP 090919 Version-Ordinance.Docx Page 527 of 541 35 Article XI DEFERRED RETIREMENT OPTION PLAN. 36 Section 18-300 Creation of Consolidated Deferred Retirement Option Plan 37 A. A City employee deferred retirement option plan "DROP") is hereby created, 38 amending, implementation, all conflicting provisions in existing DROP plans for 39 general employees, police officer employees, and fire/rescue employees. 40 B. Employees who reach eligibility for normal service retirement in the employee's 41 retirement plan may elect to enter DROP. 42 C. An Employee may elect to participate in the Deferred Retirement Option Plan 43 ("DROP") provided they make the election no later than 30 days after reaching their 44 normal retirement date. Notwithstanding the foregoing, upon enactment of this 45 Ordinance employees who have reached normal retirement date and did not enter DROP 46 may make their initial election to participate in the DROP no later than ninety (90)days 47 after the implementation date of this ordinance. 48 D. An election to participate in the DROP plan is irrevocable. 49 E. Employees may elect to participate by submitting an election to enter DROP to the 50 City's Human Resource Department "Department") on a form available from the 51 Department for that purpose. On receipt of the election to enter DROP the Department 52 will notify the administrator of the pension plan in which the employee participates. 53 F. Participation in the DROP must be exercised within the first 30 years of combined 54 credited service (25 for law enforcement officers 55 G. An employee shall not participate in the DROP for more than five years. 56 H. Upon an employee's election to participate in the DROP, the employee shall cease to 57 be an employee of the retirement plan and is precluded from accruing any additional 58 benefit under the Pension Fund. For all fund purposes,the employee becomes a retirees. 59 The amount of credited service and final average salary freeze as of the date of entry 60 into the DROP. 61 L Accumulated, unused sick (over 120 hours) and vacation leave (over 120 hours) shall 62 be deemed cashed out and included in the compensation calculation,provided however, 63 that a minimum balance of 120 hours of sick leave and 120 hours of vacation leave shall 1 The term retiree and employee herein are synonymous for employees who elect to enter DROP. S:ACA\Ordinances\Consolidated DROP 090919 Version-Ordinance.Docx Page 528 of 541 64 be maintained by the employee and excluded from this calculation. The retained leave 65 balance, including any additions, shall be paid to the employee at the conclusion of 66 DROP participation and separation from service. 67 68 J. DROP plan account shall be established for each employee who elects to participate. 69 These are not actual accounts but nominal accounts and balances are kept as a 70 bookkeeping process. 71 72 K. Payment shall be made into the employee's DROP account as if the employee had 73 retired from the employ of the city.Payments into the DROP will be made monthly over 74 the period the employee participates in the DROP, up to a maximum of 60 months or, 75 pursuant to 401(A)(9) of the Internal Revenue Code payments age 70.5, whichever 76 occurs first. 77 L. An employee's participation in the DROP shall terminate at the end of five years and 78 the employee shall separate from City employment. Upon entering into the DROP, an 79 employee shall file with the Board a binding non-revocable letter of resignation from 80 city employment. The binding letter of resignation shall establish a deferred termination 81 date in accordance with the limitations of this DROP which may be amended if an 82 employee wished to separate from employment earlier than the deferred termination 83 date. 84 M. All interest shall be credited to the employee's DROP account less any outstanding loan 85 balances on a quarterly basis with quarterly statements provided. In the event that a 86 employee dies while in the DROP, interest shall be pro-rated to the last business day of 87 the month preceding the death of the employee. 88 N. During _the period of the employee's participation in the DROP plan, the employee's period of the employee's participation in the DROP plan, the employee's 89 normal retirement benefit shall be accounted for and paid into the employee's DROP 90 plan account. 91 O. The employee's DROP plan account shall be invested with the retirement plan assets 92 and credited with interest equal to the overall net(earning less costs) investment rate of 93 return on the retirement plan assets during _the period of the employee's period of the employee's participation in S:ACA\Ordinances\Consolidated DROP 090919 Version-Ordinance.Docx Page 529 of 541 94 the DROP plan. Notwithstanding Fund performance, the crediting rate will be no less 95 than 0% and no more than 8%. 96 P. At the conclusion of the retiree's participation in the DROP plan, and as a condition of 97 participating in such plan, the retiree will continue retirement and terminate City 98 employment. The retiree will thereafter receive a normal monthly retirement benefit at 99 the same rate as previously calculated upon entry into the DROP but the monthly 100 amount will be paid to the retiree and no longer accounted for in the DROP plan account. 101 If the employee does not terminate participation in the DROP plan at the end of the sixty 102 (60) month maximum participation period, no earnings will be credited on the DROP 103 balance and no further DROP deposits will be made. 104 Q. No amount can be paid from the retirement plan until the DROP employee terminates 105 employment. 106 R. Upon termination, the retiree's DROP plan account will thereafter be distributed to the 107 retiree in a cash lump sum, which can be rolled over or paid in cash unless the retiree 108 elects an alternative distribution (a/k/a rollover). Direct rollover may be accomplished 109 by any reasonable means determined by the Pension Board. 110 S. If a retiree dies before distribution of the retiree's DROP plan account commences, the 111 account balance shall be distributed paid to the retiree's designated beneficiary in a lump 112 sum, which can be rolled over or paid in cash at the beneficiary's discretion. 113 T. Distribution of an employee's DROP plan account shall begin as soon as 114 administratively practicable following the employee's termination of employment. The 115 employee must elect the distribution within but in no event later that 45 days following 116 the employee's termination date. If the employee does not timely request the 117 withdrawal of the asset in the DROP plan, no further earnings will be credited on the 118 DROP balance. 119 U. Any form of payment selected by the employee must comply with the minimum 120 distribution requirements of the IRC 401(A)(9) e.g., payments must commence by age 121 701/2. 122 Section 2 Following implementation as hereinafter described, all existing City 123 deferred retirement option plans, to the extent they conflict with the uniform terms of DROP S:ACA\Ordinances\Consolidated DROP 090919 Version-Ordinance.Docx Page 530 of 541 124 established herein are deemed amended conform with this Ordinance. Non-conflicting 125 provision of existing DROP provisions will survive adoption of this Ordinance. 126 Section 3. It is the intention of the City Commission of the City of Boynton Beach 127 that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances 128 of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be 129 renumbered, re-lettered and the word "Ordinance" may be changed to "Section," "Article", or 130 such other word or phrase in order to accomplish such intention. 131 Section 4. If any clause, section, or other part or application of this Ordinance shall 132 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 133 unconstitutional or invalid part or application shall be considered as eliminated and so not 134 affecting the remaining portions or applications remaining in full force and effect. 135 Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of 136 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such 137 conflict. 138 Section 6. Copies of this Ordinance and the actuarial impact statement regarding 139 the proposed plan changes set forth herein shall be furnished to the State of Florida Division of 140 Retirement before the last public hearing on the pension plan modifications described herein is 141 held. The actuarial statement must also indicate whether the proposed plan or proposed plan 142 change is in compliance with s. 14, Art. X of the State Constitution and those provisions of part 143 VII of chapter 112, Chapter 185 Florida Statutes, and Chapter 175 Florida Statutes. 144 Section 7. This Ordinance shall become effective immediately upon its passage and 145 adoption. Implementation these consolidated provision for DROP benefits shall occur as 146 follows: 147 A. For non-bargaining unit employees: January 1, 2020. 148 B. For SEN employees: January 1, 2020 or the date of ratification of a collective 149 bargaining agreement incorporating a reference to this Ordinance or the date of a waiver 150 of bargaining over the terms of this Ordinance, whichever occurs first. S:ACA\Ordinances\Consolidated DROP 090919 Version-Ordinance.Docx Page 531 of 541 151 C. For PBA employees: October 1, 2019 or the date of ratification of a collective 152 bargaining agreement or MOU/CBA amendment incorporating a reference to this 153 Ordinance or the date of a waiver of bargaining over the terms of this Ordinance, 154 whichever occurs first. 155 D. For IAFF employees: January 1, 2020 or the date of ratification of a collective 156 bargaining agreement or MOU/CBA amendment incorporating a reference to this 157 Ordinance or the date of a waiver of bargaining over the terms of this Ordinance, 158 whichever occurs first. 159 FIRST READING THIS October, 2019. 160 SECOND, FINAL READING AND PASSAGE this day of , 2019. 161 CITY OF BOYNTON BEACH, FLORIDA 162 YES NO 163 164 Mayor— Steven B. Grant 165 166 Vice Mayor—Justin Katz 167 168 Commissioner—Mack McCray 169 170 Commissioner—Christina L. Romelus 171 172 Commissioner—Ty Penserga 173 174 VOTE 175 ATTEST: 176 177 178 179 Crystal Gibson , MMC 180 City Clerk 181 182 183 (Corporate Seal) 184 S:ACA\Ordinances\Consolidated DROP 090919 Version-Ordinance.Docx Page 532 of 541 13.A. FUTURE AGENDA ITEMS 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: Quarterly Census updates by Laura Lansburgh, Marketing Manager: December 17, 2019 March 17, 2020 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 533 of 541 13.B. FUTURE AGENDA ITEMS 10/1/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/1/2019 REQUESTED ACTION BY COMMISSION: City Commission to discuss special event permit policy for Sara Sims Park- October 15, 2019 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. FISCAL IMPACT: Non-budgeted No impact. ALTERNATIVES: Do not share the information about park usage. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Park Use Policy Page 534 of 541 Park Use Policy The City's park system consists of 29 public green spaces providing a wide range of user options. Some have specific intended uses. Memorial, Barton and a portion of Sara Sims Park are the City's cemeteries. Crowder Dog Park provides a fenced in area at which dogs can be off leash. Little League Park is used primarily by the East Boynton Beach Little League baseball program. Oyer Park provides access to the ocean and Pioneer Canal Park access to fresh water bodies and both include boat ramps. Palmetto Greens Linear Park is part of the City's greenway. Ed Harmening Arbor, Heritage, Dewey and Kiwanis/Sierra are considered urban/open civic spaces and intended to provide small, gathering, green spaces for passive use. One of the most popular is Oceanfront Park, which is the City's beach. Neighborhood parks are the basic unit of the City's park system, and intended to serve as the recreational and social focus of each neighborhood in which they are located. They generally provide space for both passive and active recreational uses. Most include playgrounds, and amenities such a tennis and volleyball courts, pavilions, athletic fields and walking trails. Examples of neighborhood parks include Betty Thomas, Galaxy, Meadows, Pence, and Laurel Hills Parks. Although not all inclusive, the following is a summary of the City ordinances, rules and guidelines that have been established to help ensure the harmonious use of our parks. Ordinances and Guidelines: Sec. 16-19. Hours and activity fees. The Director shall establish hours that the park or beach shall be open for public use as may be deemed reasonable and such opening and closing time shall be posted for public information. The City Commission may by resolution establish activity fees for specific activities within any city developed or undeveloped park. Sec. 16-20. Interference with permittees. No person at any beach or park shall disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit. Sec. 16-21. Showing of permits upon request. Every person at a beach or park shall produce and exhibit any permit from the Director he or she claims to have, upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule. Sec. 16-22. Enforcement of regulations. (a) The Director and park or beach attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this article. The Director and any park attendant shall have the authority to eject from the park or beach any person acting in violation of this article, and shall have the authority to seize and confiscate any property, thing or device in the park or beach used in violation of this article. Administrative authority is hereby granted to the City Page 535 of 541 Manager and/or his or her designee to designate and post specific areas in city parks as "Quiet Zones." (b) Penalties for violation of this section shall be pursuant to the City Code of Ordinances Chapter 1, General Provisions, Article 1, Section 1-6. Sec. 16-23. Permit required to erect structure or run utility. It shall be unlawful for any person to construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across any beach or park, except on special written permit issued hereunder. Sec. 16-24. Removal of sand or soil, shrubs, trees, etc. It shall be unlawful for any person to dig or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, down-timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency upon any beach or park within the city. Sec. 16-25. Damaging trees, plants, grass. It shall be unlawful for any person to damage, cut, carve, or transplant any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant in any beach or park. Nor shall any person attach any rope, wire or other contrivance to any tree or plant. No person shall dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any beach or park. Sec. 16-26. Pollution of waters. It shall be unlawful for any person to throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or beach, or tributary stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters. Sec. 16-27. Structures to afford open view; guy wires, braces prohibited. It shall be unlawful for any person to erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed view into said tent, shelter or structure from at least two (2) sides; nor shall any guy wire, rope or extension or exterior brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object outside thereof. Sec. 16-28. Bounce houses. The use of"bounce houses" and other inflatable playground equipment is prohibited at city- owned property unless the company operating the equipment has received prior approval from the city's Recreation and Parks Director, or their designee, to operate such equipment. The notice of approval shall be posted at the location the equipment is installed during the time that the equipment is being operated in order to allow the appropriate city representative to verify that the operator received prior approval from the city. Any equipment installed on city-owned property without prior approval shall be immediately deflated and/or disconnected by the authorized city representative. The provisions of this section shall be enforced by the city's code Page 536 of 541 enforcement officers, as well as the city's law enforcement officers. Regulations regarding the placement, use, insurance, and supervision requirements shall be developed and published by the city's Recreation and Parks Department. Sec. 16-38. Alcoholic beverages permitted only at designated places; sale; drunkenness. No person shall drink nor possess alcoholic beverages at any time at any beach or park except at specifically designated recreation centers pursuant to a Facility/Field Use Application, or at a beach or park pursuant to a Special Event Permit issued by the city. The sale or possession of alcoholic beverages by a concessionaire, or pursuant to a Special Event Permit or a Facility/Field Use Application, will be subject to the strict regulation and control of the Director. Sales of alcoholic beverages shall be served for consumption on the immediate premises. No person shall become drunk or be under the influence of intoxicating beverages. The City Commission may approve of certain holidays whereby the prohibition on consuming or possessing alcohol at the beach or a park is waived. Sec. 16-39. Animals prohibited. No person shall have, or be permitted to have, any dog or other domestic animals on any designated beach or park area at any time whether muzzled, leashed or not, except as authorized in Section 4-33. Animals used by law enforcement or service animals, trained to aid persons with disabilities, shall be exempt from this section. Well behaved leashed dogs are allowed at Boynton Lakes, Intracoastal, Dewey and Jaycee Parks. Sec. 16-40. Fireworks or explosives. No person at any park or beach shall bring in or have in his or her possession, or set off or otherwise cause to explode or discharge or burn, any firecracker, torpedo, rocket or other fireworks or explosives or inflammable materials, or discharge them or throw them into any such area from land or highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints. Sec. 16-41. Use of facilities provided for opposite sex. No person at any park or beach shall occupy any seat or bench, or enter into or loiter or remain in any pavilion or other park structure or section thereof which may be reserved and designated by the Director for the use of the opposite sex. Exception is made for children under four (4) years of age. Sec. 16-42. Soliciting prohibited. It shall be unlawful at any beach or park for any person to solicit alms or contributions for any public or private purpose. Sec. 16-43. Fires, permitted only in designated areas; dropping inflammable material. No person shall build or attempt to build a fire except in such areas and under such regulations as may be designated by the Director. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material, within any park area or on any highway, road or street abutting or contiguous thereto. Page 537 of 541 Sec. 16-44. Gambling. Gambling, or the participation therein or the abetting thereof, is prohibited at any beach or park. Sec. 16-45. Entering, using closed area. No person shall enter an area on a beach or park posted as "Closed to the Public" nor shall any person use or abut the use of any area in violation of posted notices. Sec. 16-46. Sleeping, lounging; disorderly conduct generally. No person shall at any beach or park sleep or protractedly lounge on the seats or benches or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace. Sec. 16-47. Cooperation in keeping rest rooms clean. It shall be unlawful for any person to fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition. Sec. 16-48. Climbing trees; standing or sitting on fixtures. It shall be unlawful for any person to climb any tree, or walk, stand or sit upon monuments, vases, fountains, railings, fences or gun carriages or upon any other property on any beach or park which is not designated or customarily used for such purposes. Sec. 16-49. Refuse and trash. It shall be unlawful for any person to bring in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash on any beach or park. No such refuse or trash shall be placed in any waters in or contiguous to any park or beach, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided. Where receptacles are not provided, all such rubbish or waste shall be carried away from the park or beach by the person responsible for its presence and properly disposed of elsewhere. Sec. 16-50. Swimmers to conform to regulations. It shall be unlawful for any person in a park or beach to swim, bathe, or wade in any waters or waterways in or adjacent to any park or beach, except in such waters and at such places and during such hours as are provided therefor, and in compliance with such regulations as are herein set forth or may be hereafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat when such activity is prohibited by the Director upon a finding that such use of the water would be dangerous or otherwise inadvisable. Sec. 16-51. Undeveloped park sites. Undeveloped park sites are not open for recreational use unless the use, and the portion of the site where it may occur, is specifically posted. Sec. 16-52. Dressing and undressing. Page 538 of 541 No person shall dress or undress on any beach or in any vehicle, toilet or other place except in such bathing houses or structures as may be provided for that purpose. Sec. 16-54. Place for picnics; regulation authorized. It shall be unlawful for any person to picnic or lunch on any beach or park in a place other than those designated for that purpose. Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end. Sec. 16-55. Use of fireplaces and picnic areas. The use of the individual fireplaces together with tables and benches follows generally the rule of"first come, first served." No person shall use any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded. Sec. 16-56. Duties when leaving picnic area. No person shall leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. Sec. 16-57. Camping. No person shall camp in any park in other than permanent cabins for organized camping, provided by the Director and used by groups of persons under adequate supervision. No person shall set up tents, shacks or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as a house trailer, camp trailer, camper, camp wagon or the like. Sec. 16-58. Games allowed only in designated areas. No person shall take part in or abet the playing of any games involving thrown or other propelled objects such as balls, stones, arrows,javelins or model airplanes except in areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball and quoits is prohibited except on the fields and courts or areas provided therefor. Roller skating shall be confined to those areas specifically designated for such pastime. Sec. 16-59. Overnight boat docking prohibited. It shall be unlawful for any persons to camp overnight on the grounds of Harvey E. Oyer, Jr. Park or to dock their boats on the shorelines or ramp area of said Harvey E. Oyer, Jr. Park either overnight or on a permanent docking basis. Page 539 of 541 Pavilion Rental Rules & Regulations: 1. Permitting/Pavilion Usage (Sec 16-20; Sec 16-21) a. Any damage to City property or excess garbage requiring City support staff may result in loss of deposit and/or additional charges to applicant. b. Pavilion/Field Users must have permit on hand at all times c. Interference with Authorized Activities. No person or group shall interfere with any recreational activities or event authorized by the Recreation & Parks Department. d. Ground fires are prohibited in all park areas. e. No person in any park or recreation area shall distribute any handbill, circular, booklet, leaflet, flyer, card, and pamphlet, written or printed matter without a permit. f. No person shall conduct or participate in any public meeting, assemblies, entertainment, tournaments, religious gatherings, demonstrations, parades, processions or meetings on any subject, religious, social, political, or otherwise in any park or recreation facility unless a special event permit has been issued. g. Tents/Canopies (Sec 16-27) h. InflatablesBounce Houses (Sec 16-28) i. Vendor/Vendor Activities/Caterers/Vendor Approved List(Sec 16-38) Athletic Field Rentals: 1. Field use by permit only for organized activities (practice, games, admission, payment for activity)prohibited unless approved Playgrounds, green space, and walkways are not permitted for exclusive use & cannot be blocked. Special Events: A permit is required for an event or any temporary activity, gathering or group of persons, animals or vehicles having a common purpose, design or goal that is to occur on any City- owned, City-controlled, commercial, or private property that has an overt impact on the ordinary and normal use by the general public where the event substantially inhibits the usual now of pedestrian or vehicular traffic. Special Events shall include, but are not limited to, festivals, fundraisers, exhibitions, musical performances, parades, fair, show, carnival, rally, party, motorcade, street dance, bike-a-thon, race, walks, athletic event or other attended entertainment or celebration that: (1)Require street closings or detours such that the usual flow of pedestrians or vehicular traffic is inhibited; or (2)Utilize City property above normal usage; or (3) Are intended to or likely to attract substantial crowds; or Page 540 of 541 (4) Are unlike the customary or usual activities generally associated with the property specifically permitted by the City's zoning code (Land Development Regulations (LDR), Chapter 3, Article IV, Use Regulations); or (5)Require the use of City resources, financial or otherwise, in excess of the City's normal day to day operations; or (6)Utilize parking spaces or open areas of private property in a manner other than that for which they were intended and approved for; or (7) Any additional criteria as deemed by the Recreation & Parks Director. 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