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Agenda 02-15-22 The City of wr Boynton Beach y City Commission Agenda Tuesday, February 15, 2022, 5:30 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Woodrow L. Hay (District 11) Commissioner Justin Katz (District 1) 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.boy nton-beach.org Page 1 of 604 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes& Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - 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 cellular phones in the City Commission Chambers while the City Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: Page 2 of 604 You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2.Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 604 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call I nvocation by Pastor Amalie Ash, First Presbyterian Church Pledge of Allegiance to the Flag led by Vice Mayor Woodrow L. Hay Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. Announcement by Tess Lacroix, Grants Manager, regarding funding awarded ($16.5M) through the Department of Economic Opportunity's "Rebuild Florida Mitigation General Infrastructure" Program. B. Public Art Manager Glenn Weiss to announce upcoming art exhibitions managed and sponsored by the Public Art Program and Art Advisory Board. C. Announcement by Kacy Young, Recreation & Parks Director, regarding Oceanfront Bark at Oceanfront Park on Saturday February 19, 2022, from 9am-12pm. D. Announcement by Kacy Young, Recreation & Parks Director, regarding the Black History Month Celebration on February 26, from 12-6pm at Sara Sims Park. E. Early Voting for the March 8, 2022 Special Election for the office of State Representative, District 88, and the Municipal Election will begin on Saturday, February 26, 2022 and will continue through Sunday, March 6, 2022. The Early Voting hours are from 10:00 a.m. until 7:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. A listing of Early Voting locations throughout Palm Beach County is available at the following website: https://www.votepalmbeach.gov/Voters/Early-Voting. Please note that due to public feedback, the PBC Supervisor of Elections has extended Early Voting, moving the daily end time from 6:00 p.m. to 7:00 p.m. F. A Community Meeting will be held on March 3, 2022 from 6:00-8:00 p.m. in the sanctuary of St. John Missionary Baptist Church, 900 N. Seacrest Blvd., Boynton Beach, Florida. The community is invited to speak with City leaders about the December 26, 2021 crash that resulted in the death of a 13 year old boy. G. Proclamation recognizing the month of February as African American History Month. H. Proclamation recognizing the 45th anniversary of the Boynton Beach Gold Coast Band. Patricia Truscello and Barbara Rubenstein will accept the proclamation. I. Proclamation recognizing the week of February 21, 2022 to February 27, 2022 as "Eating Disorders Awareness Week" and the weekend of February 25, 2022 to February 27, 2022 as"Not One More Weekend." Ya'el Sarig with the National Alliance for Eating Disorders will be online to accept the proclamation. J. Proclaim February 21, 2022 as International Mother Language Day. Imon Karim, CEO/Founder of American Bangladesh Public Affairs Committee (ABPAC), will accept the proclamation. Page 4 of 604 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. B. Approve the request of Commissioner Christina Romelus to distribute $500.00 of her Community Support Funds to the Boca Raton's Promise Organization to support the Boynton Beach Mental Health Committee. C. Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community Support Funds to Young Men of Distinction, Inc. D. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Congress Middle School. E. Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community Support Funds to Emanuel Jackson Sr. (EJS) Project, Inc. 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. Approve Task Order GIS-EPW-06-22 with Florida Technical Consultants, LLC, in the amount of $44,800 in accordance with RFQ No. 007-2821-20/TP, for Geographic Information Services (GIS) for re-evaluation of the City-wide Pavement Condition Assessment, awarded by the City Commission on July 7, 2020 . B. Proposed Resolution No. R22-028 - Approve the Memorandum of Understanding (MOU) between the Palm Beach County PBA Police Officers and Detectives and the City regarding Covid-19 policies and practices. Proposed Resolution No. R22-029 - Approve the Memorandum of Understanding (MOU) between the Palm Beach County PBA Police Sergeants and the City regarding Covid-19 policies and practices. C. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for February 15, 2022 - "Request for Extensions and/or Piggybacks." D. Approve the authorization of staff to issue a purchase order in the amount of $45,240.00 for the annual estimated expenditure for janitorial services with Clean Space based utilizing COBB Bid No. 010-2511-19/IT for Utility Administration Building, East Water Treatment Plant, West Water Treatment, and District Energy Plant. E. Proposed Resolution No. R22-033- Approve and authorize the City Manager to sign a Notice to Proceed pursuant to the Professional Services Agreement between the City of Boynton Beach and American Traffic Solutions, Inc., d/b/a Verra Mobility ("Verra") for the expansion of the Red Light Traffic Enforcement system. F. Approve Task Order UT-313-03 with AECOM in the amount of $52,812.00 for professional engineering services for the Raw Water Transmission Main Repair and Replacement Alternatives Analysis in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B awarded by City Commission on August 7, 2018, renewed on August 3, 2021. Page 5 of 604 G. Approve minutes from the February 1, 2022 City Commission meeting. 7. Consent Bids And Purchases Over$100,000 A. Add scope to Task Order UT-1E-03 with Alexis Knight Architects, in the amount of $55,753 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to add the design of a replacement force main to the Mangrove Park and the Boynton Beach Boulevard Extension Project. B. Approve and authorize acquisition of commodities from IXOM Watercare, Inc. for the purchase of MI EX Doc Resin with an estimated annual expenditure of$330,585. C. Approve the purchase of these two (2) replacement vehicles that were approved in the FY21-22 budget for an estimated amount of $230,750.00 by utilizing the Florida Sheriffs Association Contract No. FSA20-EQU18.0. D. 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 February 15, 2022 - "Request for Extensions and/or Piggybacks." E. Approve additional scope in Task Order ASPS-93-031721 with Atlantic Southern Paving & Sealcoating, Inc., in the amount of $62,938 in accordance with Bid No. 010-2512-18/IT to replace damaged asphalt paths, concrete sidewalks and curbing on High Ridge Road. The amended task order amount will be $296,856.65. F. Authorize the City Manager to issue a Purchase Order in the amount of $163,751 to Gentile, Glas, Holloway, O' Mahoney &Associates, Inc. for professional services for a Parks& Recreation System Master Plan. These services will be performed in accordance with the City of Boynton Beach General Consulting Services Agreement RFQ No. 046-2410-17/TP executed August 20, 2018. Proposed Resolution R22-030 - Budget amendment to increase Park Impact Fee Fund by $175,000 to bring appropriated expenditures from$66,067 to $241,067. 8. Public Hearina 6 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. 22-006- First Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article V. Minimum Off-Street Parking Requirements that address Medical Care or Testing (In-patient), Beverage Manufacturing, Micro-Brewery, Brewpub, Taproom Brewery, and Take Out Restaurant uses. Staff initiated. B. Proposed Ordinance No. 22-007 - First Reading - Approving WXEL request for Future Land Use Map Amendment from Recreation (R) to Office Commercial (OC), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. Proposed Ordinance No. 22-008 - First Reading -Approving WXEL request for Rezoning from Recreation (REC) to Office Professional (C-1), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. C. Approve request for New Major Site Plan (NWSP 22-002) for the 1320 S. Federal Highway project to allow construction of a 10,898 square foot commercial structure and associated site improvements, on a 0.51-acre parcel, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU-1) zoning district. Application Ty Eriks, MH Jackson Holdings, LLC. Page 6 of 604 Approve request for Master Plan Modification (MPMD 22-004) for 1320 S. Federal Highway to amend the previously approved master plan to be consistent with the proposed revisions to the concurrent New Major Site Plan Application, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU-1) zoning district.Applicant: Ty Eriks, MH Jackson Holdings, LLC. D. Approve request for a Height Exception (HTEX 22-001) for 1320 S. Federal Highway to allow tower elements and architectural features to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet in the MU-1 (Mixed Use-1) zoning district. Applicant: TY Eriks MJ Jackson Holdings, LLC. E. Proposed Ordinance 22-004 - Second Reading - Approve Mural Ordinance creating a mural standards section in the City's Land Use Regulations. F. Proposed Ordinance 22-005 - Second Reading - Approve Ordinance Amending Chapter 26 entitled "Water, Sewers and City Utilities," by Amending Article I, entitled "In General," to create §26-6, entitled "Conditions for Utility Service; Penalties," establishing requirements for utility service, penalties for non-compliance, and appeals; amending Article "IV" entitled "Sewers," §26-57, entitled "Connections Required," to amend the time period to connect to sewer; providing for severability, conflicts, codification, and an effective date. 9. City Manager's Report A. Approve date change from March 1, 2022 City Commission meeting to a Special City Commission Meeting on March 9, 2022, from 3:00 p.m. to 5:00 p.m., to accept staff ranking of applications to the Notice of Funding Opportunities (NOFOs) for use of the City's American Rescue Plan Act (ARPA) funds, and to award funds based upon application eligibility and proposed programming. B. Review enclosed memorandum summarizing staff research and discuss process for potential parks bond. 10. Unfinished Business A. Proposed Resolution R22-031 -Approve the Boynton Beach Mural Guidelines for Art in Public Places. B. Continue discussion about creation of a Citizen's Engagement Committee for the Police Department. 11. New Business A. Proposed Resolution No. R22-032 - Adopt the 2021 Affordable Housing Advisory Committee Housing Incentives Report. 12. Legal A. Proposed Ordinance No. 22-009- First Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 2, Article 11, Section 2. Standard Applications to revise review criteria for future land use map amendments and rezonings. B. Proposed Ordinance No. 22-010 - First Reading -An ordinance of the City of Boynton Beach, Florida, amending Article III, of Chapter 18 of the Boynton Beach Code of Ordinances, entitled "Municipal Police Officers' Retirement Trust Fund;" amending Section 18-169, requirements for retirement benefit amounts, providing for conflict, providing for severability; and, providing for an effective date hereof. C. Mayor Grant requested a public update from the City Attorney on the J KM lawsuit. Page 7 of 604 13. Future Agenda Items A. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections- March 1, 2022 B. Request approval for ARPA Partnership Agreements with FAU Tech Runway and local Elementary Schools. - March 1, 2022 C. Recommendation from Historic Resources Preservation Board and Commission discussion on options for recognizing Latosha Clemons. - March 1, 2022 D. Presentation of redistricting alternatives by Florida Atlantic University (FAU) and establishment of boundaries for inclusion in Ordinance. March 1, 2022. E. Staff to provide research for discussion requested by Commissioner Penserga regarding dash cams on police vehicles. - March 1, 2022 F. School Board Member Erica Whitfield to present the 2021-2022 School Year State of Education Report to the City Commission. - March 15, 2022 G. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD H. Proposed Ordinance No. 21-025 First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD I. Discuss Building Safety Inspection Program- (Pending outcome of 2022 legislative session) J. Discuss the next steps for implementation of City Ordinance No. 21-012 prohibiting the use and distribution of polystyrene foam ("Styrofoam") food ware, unencapsulated polystyrene foam products, balloons, and confetti on City property. - TBD 14. Adjournment Notice lfaperson decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program,or activity conducted by the city.Please contact the City Clerks office,(561)742- 6060 or(TTY)1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication ofthe agenda on the city's web site.Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office ofthe City Clerk Page 8 of 604 1.A. Opening Items 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Call to Order- Mayor Steven B. Grant Roll Call Invocation by Pastor Amalie Ash, First Presbyterian Church Pledge of Allegiance to the Flag led by Vice Mayor Woodrow L. Hay Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 9 of 604 2.A. Other 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Informational items by the 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 Application: Is this a grant? Grant Amount: Attachments: Page 10 of 604 3.A. Announcements, Community and Special Events and Presentations 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Announcement by Tess Lacroix, Grants Manager, regarding funding awarded ($16.5M) through the Department of Economic Opportunity's"Rebuild Florida Mitigation General Infrastructure" Program. Explanation of Request: The City of Boynton Beach was selected for funding in the amount of 16.5 million through the Department of Economic Opportunity's"Rebuild Florida Mitigation General Infrastructure" Program. Through a rigorous selection process, the City of Boynton Beach was one of the 8 communities awarded to make drainage, utilities, and roadway improvements in the San Castle neighborhood located in District 2. How will this affect city programs or services? Public Works and Utilities Departments will lead the project and oversee City staff, project manager, and consultants who will implement and complete the improvements over the next four years. Fiscal Impact: The City's expected match for this project is$3,265,302.00 for a total estimate of $19,765,302.00 to complete this project. Alternatives: Not make the announcement. Strategic Plan: Building Wealth in the Community, Transportation and Mobility , Public Health and Safety , Environmental Sustainability Strategic Plan Application: This project will make significant improvements to the infrastructure of the neighborhood to reduce traffic incidents, improve drainage from Florida's heavy rains, maintain safe and reliable drinking water and enhance the safety and wellbeing of the residents. Climate Action Application: This project strengthens the resiliency of a neighborhood otherwise highly vulnerable to tidal flooding and natural disasters. The goal of the project includes flood mitigation and drainage improvements to protect life and property and sustain resilience to harsh climate events. Is this a grant? Yes Grant Amount: $16,500,000.00 Attachments: Page 11 of 604 3.B. Announcements, Community and Special Events and Presentations 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Public Art Manager Glenn Weiss to announce upcoming art exhibitions managed and sponsored by the Public Art Program and Art Advisory Board. Explanation of Request: Thursday, February 17, 6:30 PM. Black Creativity exhibition at the Boynton Beach Arts& Cultural Center featuring 21 Black artists and poets living Palm Beach County. A reception for the professional and student artists will be held at 6:30 PM on February 17th in conjunction with the Black History Month Artist& Business Marketplace. Saturday, March 5, 1:00 PM West Palm Beach artists Luis Montoya & Leslie Ortiz will be the featured artists for 10th year of Avenue of the Arts on Ocean Avenue. Montoya and Ortiz will present eight sculptures, two paintings and 24 banners created from images for their paintings. Follow up on Affordable Art Show in December 2022 1 n the Arts& Cultural Center, Boynton Beach and other Palm Beach County artists displayed their work for sale. The 36 artists sold 14 artworks. The artists earned a total of more than $1,000 with prices ranging from $25 to $250. How will this affect city programs or services? N/A Fiscal Impact: Items in the FY22 Budget. No changes Alternatives: Strategic Plan: Culturally Distinct Downtown Strategic Plan Application: The art shows continue to enhance the Boynton Beach Downtown. Climate Action Application: N/A Is this a grant? 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Announcements, Community and Special Events and Presentations 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Announcement by Kacy Young, Recreation & Parks Director, regarding Oceanfront Bark at Oceanfront Park on Saturday February 19, 2022, from 9am-12pm. Explanation of Request: The Recreation & Parks Department welcomes well behaved dogs to "paw-ty" on the beach at Oceanfront Park for Oceanfront Bark. Due to Turtle Nesting Season starting in March, this is the last event of the four event series that have been held on the third Saturday of each month since November. Dogs must be appropriately licensed, and will be allowed off leash in a designated fenced off area. How will this affect city programs or services? Support Services will be provided by Public Works and Marketing & Special Events Departments. Fiscal Impact: Parking fees will be waived during the event from 9am-12pm. Alternatives: Not to make the announcement. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Hosting a special event to encourage residents and non-residents to visit Oceanfront Park. Climate Action Application: No Climate Action Application. Is this a grant? 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Announcements, Community and Special Events and Presentations 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Announcement by Kacy Young, Recreation & Parks Director, regarding the Black History Month Celebration on February 26, from 12-6pm at Sara Sims Park. Explanation of Request: The Recreation & Parks Department is hosting a Black History Month Celebration to honor achievements by African Americans. This event will have historical lectures, educational information, art exhibits, music, food trucks, and performances at the amphitheater at Sara Sims Park on February 26th, from 12-6pm. How will this affect city programs or services? Support Services for the Black History Month Celebration will be provided by the Recreation & Parks Department, Public Works, and Marketing & Special Events. Fiscal Impact: This is a budgeted event. Alternatives: Not to make the announcement. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Hosting special events provides an opportunity for residents and non-residents to visit Sara Sims Park. Climate Action Application: No climate action application. Is this a grant? Grant Amount: Attachments: Type Description Attachment Black History Month Celebration Page 24 of 604 i i s r i V t t�ti tij��a � 5` t ., �w„ • +S. LM , F-- FZZ Q 0 _0 > CL +-j M +-+ 0 a cn „ LL. C *++' � U CL o wo LO err Lm Co ' Ln U- (Dd Q C �3 U �- 0 co M 0- E 4 4 J U) P tU , ( o t 1 — E V m y- 0 � a q , ` LL � L LJ Ul Lcu - 3.E. Announcements, Community and Special Events and Presentations 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Early Voting for the March 8, 2022 Special Election for the office of State Representative, District 88, and the Municipal Election will begin on Saturday, February 26, 2022 and will continue through Sunday, March 6, 2022. The Early Voting hours are from 10:00 a.m. until 7:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. A listing of Early Voting locations throughout Palm Beach County is available at the following website: https://www.votepalmbeach.gov/Voters/Early-Voting. Please note that due to public feedback, the PBC Supervisor of Elections has extended Early Voting, moving the daily end time from 6:00 p.m. to 7:00 p.m. Explanation of Request: In cooperation with the Palm Beach County Supervisor of Elections, the Ezell Hester Community Center will be an Early Voting location. This location is available to all citizens within Palm Beach County. How will this affect city programs or services? There will be no effect on City programs or services. Fiscal Impact: Alternatives: The alternative would be to not cooperate with the Palm Beach County Supervisor of Elections in this effort to provide additional opportunities for our citizens to cast their votes. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 26 of 604 3.F. Announcements, Community and Special Events and Presentations 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: A Community Meeting will be held on March 3, 2022 from 6:00-8:00 p.m. in the sanctuary of St. John Missionary Baptist Church, 900 N. Seacrest Blvd., Boynton Beach, Florida. The community is invited to speak with City leaders about the December 26, 2021 crash that resulted in the death of a 13 year old boy. Explanation of Request: A Community Meeting open to the the public will be held on Thursday, March 3, 2022 from 6:00-8:00 p.m. in the sanctuary of St. John Missionary Baptist Church, 900 N. Seacrest Blvd., Boynton Beach, Florida. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 27 of 604 3.G. Announcements, Community and Special Events and Presentations 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Proclamation recognizing the month of February as African American History Month. Explanation of Request: African American History Month affords an annual opportunity to become more knowledgeable about African American heritage in the United States of America, and to honor the numerous African American leaders and citizens who have contributed to the progress of our nation. Such knowledge can strengthen the insight of all people regarding the issues of human rights, the great strides that have been made in the crusade to eliminate the barriers of equality for minority groups, and the continuing struggle against racial discrimination and inequity. As we journey toward a more united nation and world, let us use this commemoration of African American History Month to serve as a reminder of the need for meaningful dialogue and shared commitment to actions that uplift and empower all. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Do not recognize the month of February as African American History Month. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Proclamation Proclamation Page 28 of 604 9? ee w4 proclamation WHEREAS, African American History Month affords an annual opportunity to become more knowledgeable about African American heritage in the United States of America, and to honor the numerous African American leaders and citizens who have contributed to the progress of our nation; and WHEREAS, such knowledge can strengthen the insight of all people regarding the issues of human rights, the great strides that have been made in the crusade to eliminate the barriers of equality for minority groups,and the continuing struggle against racial discrimination and inequity;and WHEREAS,we recognize and acclaim the pivotal work of Nannie Helen Burroughs,Ms.Burroughs in 1909 created the National Training School for Women and Girls now known as the Nannie Helen Burroughs School. The school was one of the first vocational training schools for African-American girls and women. WHEREAS, Ms. Burroughs traveled the country as an educator and suffragist demonstrating the importance of education,self-reliance, and economic freedom. WHEREAS,as we journey toward a more united nation and world,let us use this commemoration of African American History Month to serve as a reminder of the need for meaningful dialogue and shared commitment to actions that uplift and empower all. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do recognize the month of February,Two Thousand Twenty-Two as: AFRICAN AMERICAN HISTORY MONTH and I urge residents to join together in this period of rededication to the principles of justice and equality for all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach,Florida,to be affixed at Boynton Beach Florida,the 15th day of February,Two Thousand Twenty- Two. Steven B. Grant,Mayor ATTEST: Crystal Gibson City Clerk 3.H. Announcements, Community and Special Events and Presentations 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Proclamation recognizing the 45th anniversary of the Boynton Beach Gold Coast Band. Patricia Truscello and Barbara Rubenstein will accept the proclamation. Explanation of Request: The James E. Buffan Gold Coast Band was founded in 1976 in the City of Boynton Beach by the late Dr. James E. Buffan who conducted the band for 15 years. Subsequent musical directors were DeVere Fader, James Fader, Kenneth Wilbanks and current Artistic Director Barbara Rubenstein. The multigenerational band is composed of volunteer musicians many of whom are current or retired professional performers or music teachers. The band performs a variety of music including classical pieces, movie themes, marches, holiday favorites and popular tunes and features vocalist Donna Singer, an internationally acclaimed singer who has produced chart-topping hits. The band, while supported in part by the City of Boynton Beach Recreation and Parks Department, is a not-for-profit organization, and through generous donations has been able to maintain a student scholarship program for graduating high school senior members who are continuing their studies at institutions of higher learning. 2022 marks the 45th year that the Gold Coast Band has been entertaining residents of Boynton Beach and Palm Beach County. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Do not recognize the 45th anniversary of the band. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Page 30 of 604 Attachments: Type Description D Proclamation Proclamation ® 45th Anniversary of the Boynton Beach Gold Coast and Page 31 of 604 proclamation WHEREAS,the James E.Buffan Gold Coast Band was founded in 1976 in the City of Boynton Beach by the late Dr.James E.Buffan who conducted the band for 15 years,and; WHEREAS,subsequent musical directors were DeVere Fader,James Fader,Kenneth Wilbanks and current Artistic Director Barbara Rubenstein. The multigenerational band is composed of volunteer musicians many of whom are current or retired professional performers or music teachers,and; WHEREAS,the band performs a variety of music including classical pieces,movie themes,marches, holiday favorites and popular tunes and features vocalist Donna Singer,an internationally acclaimed singer who has produced chart-topping hits,and; WHEREAS,the Boynton Beach Gold Coast Band audience includes residents from Boynton Beach and surrounding local communities,and; WHEREAS, the band,while supported in part by the City of Boynton Beach Recreation and Parks Department, is a not-for-profit organization, and through generous donations has been able to maintain a student scholarship program for graduating high school senior members who are continuing their studies at institutions of higher learning,and; WHEREAS,2022 marks the 45th year that the Gold Coast Band has been entertaining residents of Boynton Beach and Palm Beach County. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby recognize the: 45th jlnniv�_r5nrg of the bognton &,neh bold Gon,-'t 33ond IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Boynton Beach,Florida,to be affixed at Boynton Beach,Florida,the 15th day of February,Two Thousand and Twenty-Two. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC, City Clerk 3.1. Announcements, Community and Special Events and Presentations 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Proclamation recognizing the week of February 21, 2022 to February 27, 2022 as"Eating Disorders Awareness Week" and the weekend of February 25, 2022 to February 27, 2022 as"Not One More Weekend." Ya'el Sarig with the National Alliance for Eating Disorders will be online to accept the proclamation. Explanation of Request: Eating disorders affect 28.8 million Americans or 9% of the U.S. population during their lifetime. Eating disorders, including the specific disorders of anorexia nervosa, bulimia nervosa, binge eating disorder, avoidant/restrictive food intake disorder, and other specified feeding or eating disorders, are complex, biologically based illnesses. The National Alliance for Eating Disorders, a 501(c)(3) non-profit organization, is a leading, national eating disorders organization, headquartered in the State of Florida, dedicated to the outreach, education, support, and early intervention for all eating disorders. How will this affect city programs or services? Fiscal Impact: Alternatives: Do not recognize the week of February 21, 2022 to February 27, 2022 as"Eating Disorders Awareness Week" and the weekend of February 25, 2022 to February 27, 2022 as "Not One More Weekend." Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 33 of 604 Type Description Proclamation Proclamation Page 34 of 604 lay proclamation WHEREAS,eating disorders affect 2S.S million Americans or 9%of the U.S.population during their lifetime. Eating disorders, including the specific disorders of anorexia nervosa, bulimia nervosa, binge eating disorder, avoidant/restrictive food intake disorder, and other specified feeding or eating disorders, are complex,biologically based illnesses;and WHEREAS, eating disorders are associated with serious physical health consequences, including irregular heartbeats, heart disease and heart failure, kidney failure, osteoporosis, gastric rupture, tooth decay, obesity, gallbladder disease,diabetes,and death;and WHEREAS, at least once every 52 minutes, someone dies as direct result of an eating disorder,resulting in 10,200 deaths per year and anorexia nervosa has the second highest mortality rate among all psychiatric illnesses;and WHEREAS,eating disorders know no boundaries with respect to genders/gender identity,ages,races,ethnicities, body shapes and weights, abilities, sexual orientations, and socioeconomic statuses. Eating disorders have a high prevalence amongst active military services members and veterans;and WHEREAS, the yearly economic cost of eating disorders is $64.7 Billion with an additional loss of wellbeing per year of$326.5 billion. With early detection and intervention,full recovery from an eating disorder is possible;and WHEREAS, the National Alliance for Eating Disorders, a 501(c)(3) non-profit organization,is a leading, national eating disorders organization,headquartered in the State of Florida,dedicated to the outreach,education, support, and early intervention for all eating disorders. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the week of February 21"—February 27th of Two Thousand Twenty-Two as: EATING DISORDERS AWARENESS WEEK And the weekend of February 25th—February 27th of Two Thousand Twenty-Two as: NOT ONE MORE WEEKEND 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 151h day of February Two Thousand Twenty-Two. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.J. Announcements, Community and Special Events and Presentations 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Proclaim February 21, 2022 as International Mother Language Day. I mon Karim, CEO/Founder of American Bangladesh Public Affairs Committee (ABPAC), will accept the proclamation. Explanation of Request: A mother language is vital to every individual's sense of identity and development. The theme for the 2022 International Mother Language Day is "Using technology for multilingual learning: Challenges and opportunities," raises the potential role of technology to advance multilingual education and support the development of quality teaching and learning for all. On February 21, 2022 at 5:00 am Eastern Standard Time the United Nations is holding a virtual event to enhance the role of teachers in the promotion of quality multilingual teaching and learning and reflect on technologies and their potential to support multilingual teaching and learning. Today there is growing awareness that languages play a vital role in development, in ensuring cultural diversity and intercultural dialogue, but also in strengthening co-operation and attaining quality education for all, in building inclusive knowledge societies and preserving cultural heritage, and in mobilizing political will for applying the benefits of science and technology to sustainable development. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Do not proclaim February 21, 2022 as International Mother Language Day. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 36 of 604 Type Description Proclamation Proclamation Page 37 of 604 proclamation I lay WHEREAS, a mother language is vital to every individual's sense of identity and development, and WHEREAS, language is the cornerstone of culture and is the means of communication among people,and WHEREAS,languages and multilingualism can advance inclusion,provide for education on human rights,and the Sustainable Development Goals'focus on leaving no one behind;and WHEREAS, the theme for the 2022 International Mother Language Day is "Using technology for multilingual learning:Challenges and opportunities,"raises the potential role of technology to advance multilingual education and support the development of quality teaching and learning for all. WHEREAS, on February 21, 2022 at 5:00 am Eastern Standard Time the United Nations is holding a virtual event to enhance the role of teachers in the promotion of quality multilingual teaching and learning and reflect on technologies and their potential to support multilingual teaching and learning. WHEREAS, today there is growing awareness that languages play a vital role in development, in ensuring cultural diversity and intercultural dialogue, but also in strengthening co-operation and attaining quality education for all,in building inclusive knowledge societies and preserving cultural heritage, and in mobilizing political will for applying the benefits of science and technology to sustainable development. NOW,THEREFORE,I, Steven B. Grant,by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida,hereby proclaim February 21,2022 as: INTERNATIONAL MOTHER LANGUAGE DAY In witness whereof,I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach,Florida,the 15th day of February,Two Thousand Twenty- Two. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 5.A. Administrative 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. There are no new applicants at this time. How will this affect city programs or services? Appointments are necessary to keep city advisory boards full and operating as effectively as possible. Fiscal Impact: Alternatives: Allow vacancies to remain unfilled Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Attachment Appointments 02®15®22 Page 39 of 604 Appointments and Applicants for February 15, 2022 Building Board of Adjustments and Appeals IV Penserga Reg 2 yr term to 3/23 Mayor Grant Alt 1 yr term to 3/22 I Katz Alt 1 yr term to 3/22 Applicants: None Education and Youth Advisory Board IV Penserga Student 1 yr term to 3/22 (Voting) Mayor Grant Student 1 yr term to 3/23 (Non-Voting) Applicants: None Historic Resources Preservation Board IV Penserga Alt 1 yr term to 3/22 Applicants: None Library Board Mayor Grant Reg 2 yr term to 3/22 Vice Mayor Hay Alt 1 yr term to 3/22 I Katz Alt 1 yr tern to 3/22 Applicants: None C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\419ABDA4-2FBD-4739-ABB4-FA5E16ADA504\Boynton Beach.31767.1.Appointments_for_02-15- 22.docx Page 40 of 604 5.B. Administrative 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Approve the request of Commissioner Christina Romelus to distribute $500.00 of her Community Support Funds to the Boca Raton's Promise Organization to support the Boynton Beach Mental Health Committee. Explanation of Request: Commissioner Romelus requests to distribute $500.00 of her Community Support Funds to the Boca Raton's Promise Organization to support the Boynton Beach Mental Health Committee. Funding will be used to support the Committee's mission to work with community partners to enhance quality of life and build a stronger, more efficient mental health community through: education and awareness, access to integrated health and support services, and acceptance of the importance of mental wellness and trauma sensitivity. How will this affect city programs or services? N/A Fiscal Impact: Community Support Funds of$5,000 for each Commission member have been approved in account#001-1110-511.95-47. Alternatives: Strategic Plan: Public Health and Safety Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Attachment CSF Request Form Page 41 of 604 R15-055 EXHIBIT "ATY COMMUNITY SUPPORT FUNDS REQUESTFORM Part I - Summary of Request(to _eco by City Clerk) Date of Request 2/1'&12022 Requested by mayor/Commissioner, Commissioner Christina Romelus Amount Requested $500.010 Recipienb"Payee.' Boca Ratain's Prom,ise Organization Description of project, program, or achvAy to be funde& Funding will be used to support the Boynton Beadh Mental Health Committee's misslori to work nth community partners to enhaom quality of life and build a, stronger, more efficient mental health cornm4tee through education and awareness, access to integrated health and support, cervi es. and acceptance of the importance of mental weliness and trauma Sefl&trVity'L Part It -Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000,00, The balance of funds available for the requesting Mern ber of the Cornrmssion is $5,00000 Accordingly', X There are funds available as requested There are insufficient funds available as requested 0,ated ...... By City Cie* Part III-Eligibility Evaluation X Public funds wilt not be used to improve private property urn es,s there is a clear public need, purriose and benefit X The recipi'lent/payee provides services within the City X The public" PtAI )CA0 IS benot dal to die entire rornniiinq by skxh donatio n y r/ Date2 10'2, Requesting Me, A r of the City Commission Page 42 of 604 5.C. Administrative 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community Support Funds to Young Men of Distinction, Inc. Explanation of Request: Mayor Grant requests to distribute $500.00 of his Community Support Funds to support Young Men of Distinction, Inc., which is a mentorship program that provides group mentoring and one-on-one mentoring. There will also be a literacy program that will be launched during the summer. How will this affect city programs or services? N/A Fiscal Impact: Community Support Funds of$5,000 for each Commission member were approved in the FY 2021/2022 budget. Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description Addendum CSF Request Form Page 43 of 604 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 2/15/2022 Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested $500.00 Recipient/Payee: Young Men of Distinction, Inc. Description of project, program, or activity to be funded: Funding will be used to support Young Men of Distinction, Inc., which is a mentorship program that provides group mentoring and one- on-one mentoring. There will also be a literacy program that will be launched during the summer. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000.00. The balance of funds available for the requesting Member of the Commission is $3,300.00. Accordingly: X There are funds available as requested ❑ There are insufficient funds available as requested sr Dated: 'fid ZZBy: � ' //)bity Clerk Part III-Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire community served by such donation Dated: d By:_ Requesting Member of the City Commission Page 44 of 604 5.D. Administrative 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to Congress Middle School. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to support Congress Middle School. Funding will be used to purchase student incentives such as basketballs, footballs and jump ropes for students to use in the community, afterschool and on the weekends. How will this affect city programs or services? N/A Fiscal Impact: Community Support Funds of$5,000 for each Commission member were approved in the FY 2021/2022 budget. Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description Attachment CSF Request Form Page 45 of 604 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 2/15/2022 Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested $200.00 Recipient/Payee: Congress Middle School Description of project, program, or activity to be funded: Funding will be used to purchase student incentives such as basketballs, footballs and jump ropes for students to use in the community, afterschool and on the weekends. Part II -Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000.00. The balance of funds available for the requesting Member of the Commission is $2,800.00. Accordingly: X There are funds available as requested ❑ There are insufficient funds available as requested } Dated: apt: By: ity Clerk Part III-Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire community served by such donation 01 Dated: By: Y Requesting Member of the City Commission Page 46 of 604 5.E. Administrative 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community Support Funds to Emanuel Jackson Sr. (EJS) Project, Inc. Explanation of Request: Mayor Grant requests to distribute $500.00 of his Community Support Funds to support Emanuel Jackson Sr. (EJS) Project, Inc. Funding will be used to engage in youth services, education and career opportunities surrounding the Blackniq event held in Boynton Beach. How will this affect city programs or services? N/A Fiscal Impact: Community Support Funds of$5,000 for each Commission member were approved in the FY 2021/2022 budget. Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description Attachment CSF Request Form Page 47 of 604 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 2/15/2022 Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested $500.00 Recipient/Payee: Emanuel Jackson Sr (EJS) Project, Inc. Description of project, program, or activity to be funded: Funding will be used to engage in youth services, education and career opportunities surrounding the Blackniq event held in Boynton Beach. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $5,000.00. The balance of funds available for the requesting Member of the Commission is $2,600.00. Accordingly: X There are funds available as requested ❑ There are insufficient funds available as requested 4,11 / r Dated: Q2� m By: g ity Clerk Part III-Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire community served by such donation Dated: By: Requ6eing Member of the City Commission Page 48 of 604 6.A. Consent Agenda 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Approve Task Order GIS-EPW-06-22 with Florida Technical Consultants, LLC, in the amount of$44,800 in accordance with RFQ No. 007-2821-20/TP, for Geographic Information Services (GIS)for re-evaluation of the City-wide Pavement Condition Assessment, awarded by the City Commission on July 7, 2020 . Explanation of Request: In 2019, the Engineering Public Works department completed a City-wide roadway evaluation to determine the condition of the roadways and to be able to accurately plan road repairs using the Sales Tax Street Maintenance funds. This assessment process needs to be re-evaluated every two to three years. The Task order amount is $44,800. The pavement condition re-assessment will consist of three components: • Review assessment criteria with City • Update mobile application to support field visit • Field Visit each roadway section, assess, and record condition How will this affect city programs or services? This project will aid staff in prioritizing road repairs. Fiscal Impact: The funds are budgeted and will be taken from the Sales Tax Street Maintenance Funds (303- 4905-580.63-08, CP0266). Alternatives: Defer the re-assessment to a later year. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 49 of 604 Type Description D Attachment FTC Proposal D Contract FTC CIS Engineering Ser\Aces Contract Page 50 of 604 Florida Technical Consultants, LLC 533East Ocean Avenue, Suite O2 FR! Buyntun Beuch' FL33435 �� Te| (954) 914-8488 mwm mww�m«�um vvvvvv.fltechinc.cono January 12. 2O22 Mr. Gary OunmyerP.E. City Engineer Public Works Engineering Boynton Beach Ounmyer. Gary <OunmyenG@bbO.ua> Task OnderG|S-EPHV-OG-22 Subject: Boynton Beach Engineering Proposal City-wide Pavement Condition Assessment Dear Mr. Ounmyer: Florida Technical Consultants (FTC) is pleased for the opportunity to submit this Proposal for Professional Services to assist you in performing a City-wide Pavement Condition Assessment. This work will be done in accordance with the Agreement between Boynton Beach and Florida Technical Consultants dated July 30. 2020. City-wide Pavement Condition Assessment The pavement condition assessment will include 3components: ° Review assessment criteria with City * Update mobile application tosupport field visit * Field Visit each roadway section, aaaeaa, and record condition Establish Assessment Criteria FTC will: * Review relevant engineering standards and pnaodoea ° Review past project examples * Coordination with City to provide recommendations * Draft meeting minutes and present final database structure Update Mobile Application, Database and Dashboard FTC will: * Utilize current pavement database aaastarting point o Maintain attributes such aalength, width, districts o Turn off unneeded data fields * Update pavement database with new rating criteria o Pu||dovvnatomatch option o Symbols for field review ° Create database for point issues o Potholes o Specific pavement deficiencies ° Update Dashboard for new Pavement Rating Criteria ° Field Test Application o Collect data in field o Review dashboard updates o Coordinate with City for feedback * Update application based onCity feedback Page 51Of604 Field Assessment FTC Will: • Visit each roadway section in database accompanied by City staff • Assess and Record condition information according to criteria • Record point issues Training FTC will train staff on how to manage data changes and obtain key quantities and metrics from the platform. Training will be on City facilities. Deliverables FTC will provide Boynton Beach the final deliverable of all data and tools on the Boynton Beach GIS platform. Assumptions • The City will provide IT to support ArcGIS Licenses and Installation. • The City will provide staff to accompany field visit. • The City will provide access to all relevant drawings, plans and background information. • The City will provide access to staff necessary to review the data and provide feedback. Fees and Schedule The following is a schedule of positions, rates and estimated level of involvement. Proj Engineer/ Principal Project Field Project GIS Task Manager Coordinator Analyst Fees $145/hr $135/hr $125/hr $120/hr Establish Assessment Criteria 2 16 8 8 $4,410 Update Mobile Application, Database and Dashboard 4 36 8 16 $8,360 Field Visits 4 12 200 16 $29,120 Training 2 12 8 $2,910 Totals 12 76 224 1 40 $44,800 All services will be on an hourly basis. The schedule of delivery is included in the table. The City will be billed monthly according to the services and deliverables provided. Should you have any questions, please do not hesitate to contact me at my office at (954) 954-8488 or send me an electronic message at jbarton@fltechinc.com. Respectfully submitted, Flopechnicalonsultants James Barton, P.E. Florida Technical Consultants January 12, 2022 Boynton Beach GIS Services Page 2 of 2 www.fltechinc.com Page 52 of 604 GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and FLORIDA TECHNICAL 'CONSULTANTS,- LLC, hereinafter referred to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional planning services, and WHEREAS, THE CITY issued a Request for Qualifications for gEOGRAPHIC INFORMATION SYSTEM JGIS) ENGINEERING SERVICES.....RFQ No. 007-2821-20ITP; and WHEREAS, RFQ No. 007-2821-20rrP defined Scope of Services as GEOGRAPHIC INFORMATION SYSTEM (GIS) ENGINEERING SERVICES; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on JULY 7. 2020, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and engineering services within the scope of the Request for Qualifications; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES 1.1 CONSULTANT agrees to perform Geographic Information System (GIS) Engineering Services by way of individual task order(s) / written work authorization(s), at the written request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified project, which may be assigned to CONSULTANT, is set forth on Exhibit "—A Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-1 L Revised 6/2020—FL Technical Consultant LLC Page 53 of 604 The CITY's Representative during the performance of this Contract shall be Wane va BUAnt Manner.Asset ManammentSystem telephone 1§§IL742- 6427 The CONSULTANT'S Representative during the performance of the Contract shall be James Barton telephone 954-914-8488 President, FTC ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial term of two (2) years, commencing on the date this contract is last signed by the City or Consultant. The City reserves the right to renew the contract for three (3) additional one (1) year periods, under the same terms, conditions. The Services to be performed during the initial two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred and eighty(180)calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 -TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of a task order signed by the City and delivered to CONSULTANT. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made as provided on Exhibit"A " attached hereto. b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by a CITY representative, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. Final payment of any balance due the CONSULTANT of the total contract price earned will be made within thirty (30) calendar days of verification and acceptance by the CITY after the completion of the Work. Boynton Beach Utilities—Geographic information System(GIS)Engineering Services C-2 Revised 6/2020—FL Technical Consultant LLC Page 54 of 604 d. Compensation for sub-CONSULTANTS will be included by the CONSULTANT in the negotiated value of each task order. Compensation will be through a direct mark-up in accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub-CONSULTANT shall not be included in direct costs as the direct mark-up is applied for management efforts. e. In certain cases where incremental billing for partially completed work is permitted by the City's representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. f. The cost of all services as stated herein shall remain fixed and firm for the initial two (2)year period of the contract. Cost of services for any extension period of the contract shall be as agreed to by the City and CONSULTANT and reflected in a contract addendum. ARTICLE 5 -OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to Consultant, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing and specifications for information, reference and use in connection with CONSULTANTS endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for Geographic Information System (GIS) Engineering Services as they relate to the utility GIS System located at various facilities throughout the Boynton Beach Utilities service area and related services no less than the standard of care for Boynton Beach Utilities-Geographic Information System(GIS)Engineering Services C-3 Revised 6/2020-FL Technical Consultant LLC Page 55 of 604 Geographic Information System (GIS) Engineering Services practicing under similar conditions. In submitting its response to the RF , CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8-COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION 9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices,agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder, ARTICLE 10 -INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis, Coverage Boynton Beach Utilities—Geographic Information System(GIS) Engineering Services CA Revised 6/2020—FL Technical Consultant LLC Page 56 of 604 shall include Premises and Operations; Independent consultants, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability- The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum -amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death,as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non- owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub-consultants comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims-made policy only Boynton Beach Utilities—Geographic information System(GIS)Engineering Services C-5 Revised 6/2020—FL Technical ConsultantLLC Page 57 of 604 ARTICLE 11 - INDEPENDENT CONSULTANT 11.1 CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. ARTICLE 12 -COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate"within one (1) year following payment. ARTICLE 14 -DISCRIMINATION PROHIBITED 14.1 The CONSULTANT,with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Boynton Beach Utilities—Geographic Information System(GIS) Engineering Services C-6 Revised 6/2020®FL Technical Consultant LLC Page 58 of 604 ARTICLE 15 -ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 -NON-WAIVER 16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17—TERMINATION 171 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further,this Agreement shall be construed under Florida Law. ARTICLE 19— UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable,or remediable,and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-7 Revised 6/2020—FL Technical Consultant LLC Page 59 of 604 uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: City of Boynton Beach Procurement Services An: Director of Fin I ance .................. 100 E Ocean Avenue Boynton Beach, FL 3 35 Notices to CONSULTANT shall be sent to the following address: --do—ns6it—ant-; Florida Technical" iConsultants, ADDRESS: 533 East Ocean Avenue, Suite#,2 CITY/STATE/ZIP: Boynton Beach, FL 3343549-2"2-- Attn: James Barton, P.E. LEED AP, President Tel: 954-914-8488 Fax: Email: brrahiriZ ARTICLE 21 -INTEGRATED AGREEMENT 21.1 This Agreement, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 -SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28,.Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement,or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-8 Revised 6/2020—FL Technical Consultant LLC Page 60 of 604 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23— EUJILIQ HEQQHQfi 23.1 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 CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT 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, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and D, Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to the CITY,all public records in CONSULTANT'S possession.All records stored electronically by CONSULTANT 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. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-9 Revised 6/2020—FL Technical Consultant LLC Page 61 of 604 E. IF THE CONSULTANTTIREGARDING THE APPLICATIONF CHAPTER 119, FLORIDA ,TO THE CONSULTANT'S DUTY TOVI LIC RECORDS RELATINGTO THIS T, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL I , CITY CLERK 100 E OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 661-742-6061 GIBSONC@BBFL.US ARTICLE 4—SCRUTINIZED GO IS 287.135 and 215.47 24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer 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 CONSULTANT 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 CONSULTANT of the City's determination concerning the false certification. CONSULTANT 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, CONSULTANT 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 CONSULTANT 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-10 Revised 6/2020—FL Technical Consultant LLC Page 62 of 604 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this ]LU day of 20ab ._._. , CITY OF BOYNTON BEACH CITY Manages *9SUL;T4ANT Aest/Authenticated: NLY 12 2-0 ZO Title �ii (Corporate Seal) CIT Clerk l'S ` Approved to F rrr ' Attest/Authenticat r u Office of tl CITY Attorney — � ek_,kle t My Comm.Expires'. ® jLne 16,2023 No.GG S ap PUB 0 ,•,fli ' 0 OF VV fftt ' ® Boynton Beach utilities—Geographic Information System(GIS)Engineering Services C-11 Revised 6/2020—FL Technical Consultant LLC Page 63 of 604 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder"and'The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of'B+"or higher. (NOTE. An insurance contract or binder may be accepted asp f of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of consultants,lessees,etc.,and the limits required by the City: (NOTE: This list is not all Inclusive,and ft City reserves the right to require addidonal types of Insurance,or to raise or lower the stated limits,based upon Identified risk.) TYPE (Occurrence Based Only) General Liability General Aggregate $1, ,000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners&Consultant's Protective(OCP) Personal&Adv.Injury $1, .00 Liquor Liability Each 0ece $1, .Q0 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Offloers Med.Expense(any one person) $ 51000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Consultants Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50 ,00 Non-Owned Autos PIP Basic Intermodal Garage Liability Auto Only,Each Accident $1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $1, ,00 Excess Liability EachOccurrence to be determined Umbrella Form Aggregate to be determined Workers Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500.ODO.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builders Risk Limits based on Project Cost Other- As Risk Idenfified to be determined ._e........ ..................... ........... .......... Boynton Beach Utilities—Geographic Information System(GIS)Engineering Services C-12 Insurance Advisory Page 64 of 604 EXHIBIT "A" FEE SCHEDULE FIRM: FLORIDA TECHNICAL CONSULTANTS DATE: June 4,2020 PERSONNEL CLASSIFICATIONS ""— HOURLY RATE Princi al _ X145 Project Mana er _ $135 Senior Professional En ineer ------ .��.__....� $135 Prosect En Ineer _ —- _ GIS Field CoordinatorM _ .. M. __ $125 $125 Senior GIS Analysis � . _u $120 Project GIS Ana9st �--- --��,---� __.._. -. $115 Junior EnOtneer $115 GIS Analyst $110 " Field Technician CAD Technician ..,.. .m _.. ._ __....._» .. _. ®_...�. .......F.,.�p Clerical Boynton Beach Utilities–Geographic Information System(GIS)Engineering Services Exhibit"A" C-13 Page 65 of 604 F7 Florida Technical Consultants, LLC 533 East Ocean Avenue, Suite 02 Baynton Beach, FL 33435 il,�Z Tel (054)914-8488 . Wa A www.fltechinc.com Waneya Bryant August 21,2020 Manager, Asset Management Systems Boynton Beach Utilities Bryant, Waneya<BryantW@bbfl.us> Subject: Boynton Beach Engineering GIS—Task Order#GIS-UMT-02-20 Utility Atlas Updates from CAD Record Drawings and Field Data Collection Dear Ms. Bryant: Florida Technical Consultants (FTC) is pleased for the opportunity to submit this Proposal for Professional Services to assist you updating the Digital Utility Atlas. This work will be done in accordance with the Agreement between Boynton Beach and Florida Technical Consultants dated July 30, 2020. Proiect Description The GIS Utility Atlas was initially built for the purpose of hydraulic modeling potable water, force main and reclaim water. As part of the initiative, the atlas was disseminated on mobile devices and staff were trained to review the data and flag changes. On ground level, the data lacked sufficient detail to be a tool for consistent maintenance tracking and it became apparent that a detailed data update would require extensive record drawing research and field review. During the past year there were additional infrastructure changes as new development projects were completed. Field staff continued utilizing mobile devices to flag changes required in the Digital Utility Atlas. These changes must be updated in the utility atlas and the data reposted. Task 1 Record Drawing Management CAD Updates: FTC will update the utility atlas with up to 20 Projects Identified by City • City provide Record Drawings in CAD and PDF • FTC update CAD As-Built Polygon Layer in GIS • FTC update water, sanitary and storm system data in GIS CAD Management Plan: FTC provide plan for updating remaining record drawings • Review and catalog all CAD record drawings updated in the atlas • Review developed areas with no system data • Identify appropriate record drawings with City o Create a list of CAD record drawings not previously updated in the atlas o Create a list of PDF record drawings not previously updated in the atlas • Post the polygon boundary layer to Online Platform and review with staff • Provide an estimate for adding the missing information Task 2 Water System Improvements Data Review Program: FTC will develop • Polygon boundaries outlining review areas • Track status as not reviewed, under review or updated Potable Water Valves: FTC will update potable water system based on field valve identification program • Review program status with Staff • Research as-builts of areas • Update valves based on field points(5300 points) • Adjust water line work to match field conditions/record drawings Page 66 of 604 • Maintain integrity of water model data • Staff continue field valve identification program Potable Water Lines: FTC will update water system based on field linework verification program • City staff to mark water and force main lines on major corridors • City staff to verify record drawing GIS layer is correct • FTC will update line work according to field markups and record drawing reference Other Potable Water Updates: FTC will update other potable water features based on field verifications points • Hydrants • Interconnects • Other features as identified by City Task 3 Non-Potable Water Updates Non-Potable Water Data Review: FTC will review with staff • Sanitary Sewer Pressure System • Sanitary Sewer Gravity System • Stormwater System • RAW Water System • Reclaim Water System Force Main Record Drawing Review: FTC will • Update line work according to field markups and record drawing reference • Maintain integrity of form main hydraulic model Non-Potable Field Data Updates: FTC will • Review all update points entered in the system (2800 points) • Review record drawings associated with data points • Update base utility data in accordance with field markups • Repost data to Online Platform • Review corrections with staff Deliverables FTC will provide Boynton Beach the final deliverable of all data and tools on the Boynton Beach GIS platform. Assumptions • The City will provide IT to support access to ArcGIS Online Platform. • The City will provide access to all relevant drawings, plans and background information. • The City will provide a committed team of field staff necessary to o Field locate lines and facilities o Reference record drawings o Review data updates o Provide feedback. Florida Technical Consultants August 2;., 2020 Boynton Beach Engineering GIS Page 2 of 3 www.fitechinc,corn Page 67 of 604 Fees and Schedule A detailed fee schedule is included in Attachment A. All services will be on an hourly basis. The services will not exceed $291,870.00 without additional authorization from the City. The schedule of delivery will be 52 weeks from Notice to Proceed. The City will be billed monthly according to the services and deliverables provided. Should you have any questions, please do not hesitate to contact me at my office at (954) 954-8488 or send me an electronic message at jbarton@fltechinc.com. Respectfully submitted, Florida echnical Consultants James Barton, P.E. Florida Technical Consultants August 21, 2020 Boynton Bes.ch Engineering GIS Page 3 of 3 spa my'fltec hi ir.:'om Page 68 of 604 OOo 0000ol 0000 0 (O IT O O 00 0000q NtiCO) 1� 00 M O O O 00 O N a ti to 00 d W 'er ll') v O (O to (O " ' N r M 64 R 64 r- (O N 1- N M r� (D 69 69 64 64 69. T- 6F1 69 69,64 N H 44 N LL C) C14 L L N M O � V',,CO N N N ti LN t r O N 'C •C tO 3 � r '7 C r- W 6. 00 v CM a O L, r LL •- L N UJ O U N V 00 co 00ONN C � C � W to = N � p O a m o 0 0 N (O V L O N L O •y N N 0) �(Ci ND (Aa C , p OL W 64 � a a jL 00 00 00 IT14Tv d O co N L N N N C14 tQ m = Q �I N C LO 1M C L = (L 60- 0 p Y ca O d d c y o d 3 00 d E N N d R =U C N ' > M U) 0 '- —Cu .0. O] E d f0 ai � W o a H m >-ffi ai � � � LL t� t O. N y 02 J 5 0 cuc cu N _ 0 T H E L IL i � � d N QS y O N O d 3 — C4 aWiM = y m M d �p N Y O ttf N (0 M = — C — �C +� Qz ._ LMoa � � � � N ) W0 Mo � off vs o- ta toi C ate+ w O O r lD ep Q Q O to N O 0O 0O t0 O O O O O < LL � U U I— a 6 � zLLzH Page 69 of 604 Coversheet Page I of 1 7.H. Consent Bids and Purchases over$100,000 9/15/2020 u �� City of Boynton Beach s:� �t��l�'' Agenda Item Request Form Commission Meeting Date: 9/15/2020 Requested Action by Commission: Award task order GIS-UMT-02-20 with Florida Technical Consultants,LLC.,in the amount of$291,870 as a result of RFQ No.007-2821-20/TP, Geographic Information Services(GIS)Engineering Services,awarded by City Commission July 7,2020 to update the Utility Atlas. Explanation of Request: The Utilities Department along with Florida Technical Consultants,LLC.,are in the process of updating the Utility Atlas for use by all utility staff,other departments,consultants,various utility management programs. Previously staffs primary focus was improving the wastewater,stormwater,and raw water base maps. Although there is still more work in these areas,this task order is to allow staff to focus on potable water along with new utility infrastructure built during new development and capital improvement projects. Field staff have also identified various updates that were identified and flagged utilizing the mobile devices that need review and posting to the base maps. This scope of services is comprised of three phases. The first phase will include updating the base map utilizing record drawings for up to twenty projects that are not in the base map. The second phase will focus on the potable water system improvements. Florida Technical Consultants, LLC. will work closely with field staff to research as-builts and to verify missing infrastructure in the field. The final phase will include a review status of non-potable water infrastructure within the wastewater, stormwater, raw water and reclaimed systems that will require updates. How will this affect city programs or services? Approval of this task order will allow the utility to work with the consultant to field verify and update the existing GIS database. An accurate GIS is essential for the operation of the utility.This utility's water and wastewater hydraulic and other utility management programs relies on accurate geographical information.This information is also useful for emergency management and long-term planning.Accurate maps also enhance the service staff provides to contractors and customers who need to locate utility lines for construction or other project. Fiscal Impact: Budgeted Funding has been budgeted in utility CIP-Account No.403-5000-536.31-90 Alternatives: Not approve the task order. The alternative is to not update the GIS may lead to utilization of inaccurate geographical information that could lead to higher ongoing costs for the Utility. Not updating the base data will result in inefficient management of emergencies and reduce staffs ability to perform long-term planning of replacing our aging infrastructure. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description n Contract FTC Contract o Letter FTC Task Order-Scope of work a Attachment FTC Fee Schedule https:/iboyntonbeach.novusagenda.com/Agendalntranet/CoverSheet.aspx?ltemlD=8096&... P O'ftof 604 1 RESOLUTION NO. 0-062 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AGREEMENT WITH FLORIDA 6 TECHNICAL CONSULTANTS,LLC.OF BOYNTON BEACH,FL 7 ASA RESULT OF RFQ NO.007-2821-20/TP FOR GEOGRAPHIC 8 INFORMATION SERVICES (GIS) ENGINEERING SERVICES 9 TO BE EXECUTED BASED ON INDIVIDUAL TASK ORDERS IN 10 COMPLIANCE WITH THE CITY'S PURCHASING POLICIES 11 AND PROCEDURES; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, on June 2, 2020 the Commission approved the recommendation of 14 the Evaluation Committee and authorized staff to conduct negotiations with the first 15 ranked firm,Florida Technical Consultants, LLC. to establish an agreement for ongoing 16 (GIS)Engineering Services; and 17 WHEREAS,this Agreement will provide the issuance of task orders in connection 18 with projects for on-going GIS Engineering Services to update and correct the existing 19 GIS database used to enhance City-wide operations and any task orders in excess of 20 $35,000 will be brought back to Commission for approval in accordance with Purchasing 21 Policies and Procedures; and 22 WHEREAS,the Agreement,including the Scheduled of Professional Fees will be 23 fixed and firm for at least the initial two(2)year period and may be renewed for three(3) 24 additional one(1)year periods; and 25 WHEREAS, the City Commission of the City of Boynton Beach upon 26 recommendation of staff,deems it to be in the best interest of the citizens and residents to 27 approve and authorize the City Manager to sign an Agreement with Florida Technical 28 Consultants, LLC. of Boynton Beach, FL as a result of RFQ No.007-2821-20/TP for 29 Geographic Information Services (GIS) Engineering Services to be executed based on 30 individual task orders in compliance with the City's purchasing policies and procedures. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 32 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 33 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed 34 as being true and correct and are hereby made a specific part of this Resolution upon 35 adoption. 36 Section 2. The City Commission of the City of Boynton Beach Florida SACAMESMAgreementMgreement with Florida Technical Consultants(GIs)-Reso.docx Page 71 of 604 37 hereby approves and authorizes the City Manager to sign an Agreement with Florida 38 Technical Consultants, LLC. of Boynton Beach, FL as a result of RFQ No.007-2821- 39 20/TP for Geographic Information Services (GIS) Engineering Services to be executed 40 based on individual task orders in compliance with the City's purchasing policies and 41 procedures. A copy of the Agreement is attached hereto and incorporated herein as 42 Exhibit"A" 43 Section 3. That this Resolution shall 7beco a effective immediately. 44 PASSED AN OPTED thisday of July, 2020. 45 CITY OF BOYNTON BEACH,FLORIDA 46 YES NO 47 48 Mayor—Steven B. Grant " 49 50 Vice Mayor—Ty Penserga �f 51 52 Commissioner—Justin Katz ".., 53 54 Commissioner—Woodrow L. Hay 55 56 Commissioner—Christina L. Romelus e 57 58 VOTE ' 59 ATTEST: 60 61 62 Cr# dtal�Gibson,MMC 63 City Clerk 64 65 66 (Corporate Seal) 61, N S:\CA\RESO\Agreements\Agreement with Florida Technical Consultants(GIs)-Reso.dacx Page 72 of 604 6.B. Consent Agenda 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Proposed Resolution No. R22-028 -Approve the Memorandum of Understanding (MOU) between the Palm Beach County PBA Police Officers and Detectives and the City regarding Covid-19 policies and practices. Proposed Resolution No. R22-029 -Approve the Memorandum of Understanding (MOU) between the Palm Beach County PBA Police Sergeants and the City regarding Covid-19 policies and practices. Explanation of Request: On January 22, 2022, the City and the PBA Police Officers and Detectives and the PBA Police Sergeants unions met for impact bargaining to make updates to the Covid-19 business travel policies for members. Both of the PBA units ratified their respective MOUs on February 3, 2022. How will this affect city programs or services? All members of the respective PBA bargaining units will be able to resume traveling for training once the Covid-19 positivity rate in Palm Beach County reaches 8% or less and until such time that it reaches 13% or more. Fiscal Impact: There is no fiscal impact for the proposed changes. Alternatives: If the MOU is not approved, the status quo of the existing MOU will remain in place, and the City and the Union may return to bargaining. Strategic Plan: High Performing Organization Strategic Plan Application: Positive labor relations support a High Performing Organization. Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 73 of 604 Type Description D Resolution Resolution approving MOLL with Officers and Detectives D Resolution Resolution approving MOLL with Sergeants D Addendum Signed MOUs Page 74 of 604 I RESOLUTION R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE 5 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE PBA 6 POLICE OFFICERS AND DETECTIVES AND THE CITY OF BOYNTON 7 BEACH REGARDING COVID-19 POLICIES AND PRACTICES; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, On January 22, 2022, the PBA Police Officers and Detectives Union and 11 the City met for bargaining to make updates to the COVID-19 business travel policies for 12 members and 13 WHEREAS, the PBA Unit ratified the MOU on February 3, 2022; and 14 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 15 best interests of the residents and citizens of the City to approve and authorize the City 16 Manager to sign the Memorandums of Understanding (MOU) between the PBA Police 17 Officers and Detectives and the City regarding COVID-19 policies and practices. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 19 OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 21 ratified and confirmed by the City Commission. 22 Section 2. The City Commission of the City of Boynton Beach, Florida does 23 hereby approve and authorize the City Manager to sign the Memorandum of 24 Understanding (MOU) between the PBA Police Officers and Detectives and the City of 25 Boynton Beach regarding COVID-19 policies and practices, a copy of the Memorandum of 26 Understanding is attached hereto as Exhibit "A". 27 S:ACA\RESO\Agreements\CBA Ratifications\PBA Officers and Detectives MOU COVID Policies-Reso.docx Page 75 of 604 28 Section 3. This Resolution will become effective immediately upon passage. 29 PASSED AND ADOPTED this 15th day of February, 2022. 30 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor— Steven B. Grant 36 37 Vice Mayor—Woodrow L. Hay 38 39 Commissioner—Justin Katz 40 41 Commissioner— Christina L. Romelus 42 43 Commissioner—Ty Penserga 44 45 46 VOTE 47 48 ATTEST: 49 50 51 52 Crystal Gibson, MMC 53 City Clerk 54 55 56 57 (Corporate Seal) 58 S:ACA\RESO\Agreements\CBA Ratifications\PBA Officers and Detectives MOU COVID Policies-Reso.docx Page 76 of 604 I RESOLUTION R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE 5 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE PBA 6 POLICE SERGEANTS AND THE CITY OF BOYNTON BEACH REGARDING 7 COVID-19 POLICIES AND PRACTICES;AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 WHEREAS, On January 22, 2022, the PBA Police Sergeants Union and the City met 11 for bargaining to make updates to the COVID-19 business travel policies for members and 12 WHEREAS, the PBA Unit ratified the MOU on February 3, 2022; and 13 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 14 best interests of the residents and citizens of the City to approve and authorize the City 15 Manager to sign the Memorandums of Understanding (MOU) between the PBA Police 16 Sergeants and the City regarding COVID-19 policies and practices. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 18 OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 20 ratified and confirmed by the City Commission. 21 Section 2. The City Commission of the City of Boynton Beach, Florida does 22 hereby approve and authorize the City Manager to sign the Memorandum of 23 Understanding (MOU) between the PBA Police Sergeants and the City of Boynton Beach 24 regarding COVID-19 policies and practices, a copy of the Memorandum of Understanding 25 is attached hereto as Exhibit "A". 26 S:ACA\RESO\Agreements\CBA Ratifications\PBA Sergeants MOU COVID Policies-Reso.docx Page 77 of 604 27 Section 3. This Resolution will become effective immediately upon passage. 28 PASSED AND ADOPTED this 15th day of February, 2022. 29 30 CITY OF BOYNTON BEACH, FLORIDA 31 32 YES NO 33 34 Mayor— Steven B. Grant 35 36 Vice Mayor—Woodrow L. Hay 37 38 Commissioner—Justin Katz 39 40 Commissioner— Christina L. Romelus 41 42 Commissioner—Ty Penserga 43 44 45 VOTE 46 47 ATTEST: 48 49 50 51 Crystal Gibson, MMC 52 City Clerk 53 54 55 56 (Corporate Seal) 57 S:ACA\RESO\Agreements\CBA Ratifications\PBA Sergeants MOU COVID Policies-Reso.docx Page 78 of 604 MEMORANDUM OF UNDERSTANDING by and between PBA POLICE OFFICERS& N0ETECT|\/ES and the CITY OFBOYNTO0BEACH WHEREAS,the PBA Police Officers and Detectives(Union)and the City of Boynton Beach (City)engaged in impact bargaining onTuesday,January 11,l022 regarding City policies and practices related toCmwiJ'19. |T|5THEREFORE AGREED byand between the Union and the City asfollows: 1' The Union agrees&o comply with City mask(facial covering) requirements. 2. The City will amend its Covid-19 business travel provisions to include permitting members who have fully recovered from a Covid-19 infection within the past ninety(90)days,to travel for business within ninety (98) days oftesting positive for Cnv|d-19. |oorder tobepermitted for business travel under this provision,the following must occur: u. Member must have submitted a copy mfhis/her positive test result tothe Human Resources and Risk Management Department immediately following receipt of test result and not retroactively at time ofrequest for training. Once Palm Beach County reaches a positivity rate of 8% or lower (as reported by the Florida Department o7Heal1h), members may travel for business regardless ufvaccination status. If Palm Beach County's positivity rate later reaches above 13%,travel will be restricted to those who are fully vaccinated as defined by the CDC orwho have recovered from e Cowid-19 infection within the past ninety (90) days. However, any travel that has been approved, scheduled, and paid for while the positivity rate ls8%orlower and prior toreaching above 13Y6will behonored. Additionally, members who are required to attend an annual recertification training (or an initial training fo,r those who are new to a specialty assignment) that is only offered from January through April 2022 are permitted to attend regardless of vaccination status. Requests to Human Resources must indicate the specific course and the reason for attendance (i.e. annual recertification or initial certification). 3. The City has amended, retroactively to August 5` 2021, its Covid-19 leave and pay policies for members asfollows: a. Fully vaccinated members as defined by the CDC and members who have recovered from a Covid-19 infection within the past ninety/90)days,who experience a"breakthrough" Covid- 19 infection will have their leave time taken for recovery reinstated provided that: L The member immediately notifies the Human Resources and Risk Management Department of a known exposure, upon experiencing symptoms ofCoyid-19 as detailed in the City's Self-Screening Protocol, and upon any positive Covid-19 test result;and ii. The member's vaccination card is on file with the Human Resources and Risk Management Department and/or the member's copy Vfhis mrhei&pnsidveCov|d'19 test result within the past ninety (90) days is on file with the Human Resources and Risk Management Department;and Page 79 of 604 i[i. The member immediately provides apositive PCR test result tothe Human Resources and Risk Management Department,or b. Following an exposu :The member takes aPCR test three(3)tofive (5)calendar days following the date of exposure, and the member immediately provides their positive PCR test result toHuman Resources and Risk Management Department. [v. Members who are not fully vaccinated but have recovered from a Covid-19 infection within the past ninety(90)days and experience a 'breakthrough" Covid-19 infection are eligible for the aforementioned reinstatement of time provisions for one time only. Fully vaccinated members are eligible for the aforementioned reinstatement of time for repeat"breakth/mugh" infections. 4� Pursuant to current published CDC guidance, members who are either fully vaccinated as defined by the CDC or recovered from Covid-19 within the past ninety(90) days are not required to quarantine following an exposure, unless experiencing symptoms or testing positive for a Cuvid-19 [nfect[on. In the event the CDC guidance is updated to recommend quarantine for recently infected persons, the City and the Union agree&mabide the CDC guidance. 5. The Union agrees that the City will rely on information from the Centers for Disease Control and Prevention (CDC) tand OSHA if applicable]to inform its Covid-19 policies and practices with regard to quarantine, isolation,return tnwork,etc. G. Unless otherwise specifically stated, the provisions of this K8OQere not retroactive and become effective upon ratification by the City Commission while PBA ratification 'is pending. PBA ratification must occur molater than February 7, 2022. 7. Upon request ofeither party, the Union and the City agree to bargain these provisions after ninety (90)days following ratification,and the Parties will maintain the status quo during those negotiations. The Union and the City agree that, for and in consideration of the conditions stated herein, the terms and sufficiency ofwhich are hereby agreed toand acknowledged bythe Union and the City: City wfBoynton Beach PBA Police Offiaers&Detectives Lori LaVerri*ne,City Manager Date Katie Mendoza,PBA Legal Counsel Date Appr e as to Form. Z— Z — "� ��_ Police Benevolent Date Na -16:John Kazanjian Title: President Page 80Of604 MEMORANDUM OF UNDERSTANDING by and between PBA POLICE SERGEANTS and the CITY OF BOYNTON BEACH WHEREAS,the PBA Police Officers and Detectives(Union)and the City of Boynton Beach(City) engaged in impact bargaining on Tuesday,January 11, 2022 regarding City policies and practices related to Covid-19. IT IS THEREFORE AGREED by and between the Union and the City as follows: 1. The Union agrees to comply with City mask(facial covering) requirements. 2. The City will amend its Covid-19 business travel provisions to include permitting members who have fully recovered from a Covid-19 infection within the past ninety(90)days,to travel for business within ninety (90) days of testing positive for Covid-19. In order to be permitted for business travel under this provision,the following must occur: a. Member must have submitted a copy of his/her positive test result to the Human Resources and Risk Management Department immediately following receipt of test result and not retroactively at time of request for training. Once Palm Beach County reaches a positivity rate of 8% or lower (as reported by the Florida Department of Health), members may travel for business regardless of vaccination status. If Palm Beach County's positivity rate later reaches above 13%,travel will be restricted to those who are fully vaccinated as defined by the CDC or who have recovered from a Covid-19 infection within the past ninety (90) days. However, any travel that has been approved, scheduled, and paid for while the positivity rate is 8%or lower and prior to reaching above 13%will be honored. Additionally, members who are required to attend an annual recertification training (or an initial training for those who are new to a specialty assignment) that is only offered from January through April 2.022 are permitted to attend regardless of vaccination status. Requests to Human Resources must indicate the specific course and the reason for attendance (i.e. annual recertification or initial certification). 3. The City has amended, retroactively to August 5, 2021, its Covid-19 leave and pay policies for members as follows; a. Fully vaccinated members as defined by the CDC and members who have recovered from a Covid-19 infection within the past ninety(90) days,who experience a "breakthrough" Covid- 19 infection will have their leave time taken for recovery reinstated provided that: i. The member immediately notifies the Human Resources and Risk Management Department of a known exP05Ure, upon experiencing symptoms of Covid-19 as detailed in the City's Self Screening Protocol, and upon any positive Covid-19 test result; and ii. The member's vaccination card is on file with the Human Resources and Risk Management Department and/or the member's copy of his or her positive Covid-19 test result within the past ninety (90) days is on file with the Human Resources and Risk Management Department;and Page 81 of 604 |H. The member immediately provides apositive PCR test result tothe Human Resources and Risk Management Department,or b. Following an exposur -The member takes aPCR test three(3)tofive(5)calendar days following the date of exposure,and the member immediately provides their positive PCR test result toHuman Resources and Risk Management Department. iv. Members who are not fully vaccinated but have recovered from a Covid-19 infection within the past ninety(90)days and experience a "breakthrough" Covid-19 infection are eligible for the aforementioned reinstatement of time provisions for one time only- Fully vaccinated members are eligible for the aforementioned reinstatement of time for repeat°break1hrouQb" infections. 4. Pursuant to current published CDC guidance, members who are either fully vaccinated as defined by the CDC or recovered from Covid-19 within the past ninety(90) days are not required to quarantine following an exposure, unless experiencing symptoms or testing positive for a Covid-19 infection. In the event the CDC guidance is updated to recommend quarantine for recently infected persons, the City and the Union agree toabide the CDC guidance. 5. The Union agrees that the City will rely on information from the Centers for Disease Control and Prevention(CDC) [and OSHA if applicable]to inform its Covid-19 policies and practices with regard to quarantine,isolation, return to work,etc. 6. Unless otherwise specifically stated, the provisions of this K8DU are not retroactive and become effective upon ratification bythe City Commission while PBA ratification ispending. PBA ratification must occur no: later than February 7', Z022. 7. Upon request ofeither party, the Union and the City agree to bargain these provisions after ninety (90)days following ratification,and the Par-ties will maintain the status quo during those negotiations. The Union and the City agree that, for and in consideration ofthe conditions stated herein, the terms and sufficiency ufwhich are hereby agreed to and acknowledged bythe Union and the City: City mfBoynton Beach PBA Police Sergeants --2 Lori LaVeniere,City Manager Date Kat7eMendoza, PBA Legal Co0nme| Date P a 42'171 le–a— t Police Benevolent Date AS 'ciatio�n, Inc. Name:John Kazanjian Title: President Page 82Of604 6.C. Consent Agenda 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for February 15, 2022 - "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM Annual Pantropic Power CAT as East Water Treatment Sourcewell/ NJ PA January 30, Estimated an Authorized Caterpillar Plant- Backup Diesel Contract# 120617-CAT 2022 - January Expenditure Dealer Generator Pantropic 29, 2023 $94,392 Annual Estimated Zambelli Fireworks Fireworks Display with COBB RFP 007-2710- May 1, 2022 - Expenditure Manufacturing Co. the Barge Option 18/IT April 30, 2023 $66,000 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Page 83 of 604 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Attachment Bid Extensions and Piggy® acs under $100,000 D Attachment Agreement Renewal ® SoureweII/Caterpillar Inc. - 2022-2023 D Attachment Renewal Interest Letter ® Zambelli Fireworks Manufacturing Co.- 2022-2023 Page 84 of 604 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS UNDER $100,000 February 15, 2022 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Bryan Heller, Manager Water Quality& Treatment TERM: January 30, 2022, to January 29, 2023 SOURCE FOR PURCHASE: Piggy-back Sourcewell/NJPA Contract#120617-CAT ACCOUNT NUMBER: 401-2811-536-44.30 VENDOR(S): PANTROPIC POWER CAT ANNUAL ESTIMATE: $94,392 DESCRIPTION: On January 15, 2019, Commission authorized the utilization of Sourcewell NJPA Contract# 120617-CAT and a Purchase Order for a rental of a 1,000 Kilowatt (KW) emergency backup diesel generator and cables at the East Water Treatment Plant from Pantropic Power Cat in Miami, FL for a monthly cost of$7,866, or an annual cost of $94,392.00. The Sourcewell NJPA Contract Agreement was extended for an additional one-year term with the same terms, conditions, and pricing. REQUESTING DEPARTMENT: Special Events DEPARTMENT CONTACT: Eleanor Krusell TERM: May 1, 2022, to April 30, 2023 SOURCE FOR PURCHASE: RFP 007-2710-18/IT— Fireworks Display with Barge ACCOUNT NUMBER: 001-1213-519-48.24 VENDOR(S): ZAMBELLI FIREWORKS MANUFACTURING CO. ANNUAL ESTIMATE: $66,000 DESCRIPTION: On May 1, 2018, Commission authorized the City Manager to sign an agreement with Zambelli Fireworks Manufacturing Co. of Boca Raton, FL by Resolution R18-067 to provide the July 4th Fireworks display with Barge. The initial agreement term was for three (3) years with the option to renew for two (2) additional one-year terms at the same terms, conditions, and pricing subject to satisfactory performance, vendor acceptance, and determination that renewal will be in the best interest of the City. The vendor has agreed to renew the Agreement for the 2nd one-year term. DocuSign Envelope ID:657571 B9-14D2-49D6-8158-46168AB1 OE64 Letter of Agreement To Extend the Contract Between Caterpillar Inc. 100 NE Adams Street Peoria, IL 61629 And Sourcewell 202 12th Street NE Staples, MN 56479 Phone: (218) 894-1930 The Vendor and Sourcewell have entered into an Agreement (Contract#120617-CAT) for the procurement of Electrical Energy Power Generation with Related Parts, Supplies and Services. This Agreement has an expiration date of January 29, 2022, but the parties may extend the Agreement for one additional year by mutual consent. The parties acknowledge that extending the Agreement for another year benefits the Vendor, Sourcewell and Sourcewell's members.The Vendor and Sourcewell therefore agree to extend the Agreement listed above for a fifth year.This existing Agreement will terminate on January 29, 2023. All other terms and conditions of the Agreement remain in force. So Docusigned by: y s(6�� By; COFD2A139D06489... , Its: Director of Operations& Procurement/CPO Name printed or typed: Jeremy Schwartz 2/12/2021 1 11:57 AM CST Date DocuSigned by: Ca 3E9FF774E086402... VP - Electric Power Division By: , Its: Jason Kaiser Name printed or typed: 2/13/2021 1 6:05 AM PST Date Page 86 of 604 The City o Baynton. Beach Finance/Procurement Services t` 100 E. Ocean Avenue F , s Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No.(561)742-6310 January 27, 2022 Danielle Fredrickson Zambelli Fireworks Manufacturing Co. 1060 Holland Drive Boca Raton, FL 33487 VIA EMAIL TRANSMITTAL TO: dfr drikson@zambellifireworks.com; tsawdey(o)_zam bellifireworks.com RFP: FIREWORKS DISPLAY RFP o.: 0072710-18/IT CURRENT AGREEMENT TERM: MAY 1, 2021—APRIL 30, 2022 Dear Ms. Fredrickson and Mr. Sawdey: The current term with Zambelli Fireworks Manufacturing Co. for fireworks display with the option for Zambelli to provide a barge expires APRIL 30, 2022. The contract allows for two (2) additional one-year renewals. The City of Boynton Beach wouldlike to exercise the option to renew for its 2nd renewal term with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to prattt a(7.bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at(561) 742-6308. Sincerely, lyk. a�-4 Mara Frederiksen Director of Financial Services Cc: Eleanor Krusell, Public Communications and Marketing Director tp America's Gateway to the Gulf Stream Page 87 of 604 The Ciftj of Baynton .each Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Baynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 January 27, 2822 RFP: FIREWORKS DISPLAY RFP No.: 007-2710-181IT Agreement between the CITY OF BOYNTON BEACH and Zambelli Fireworks Manufacturing Co. AGREEMENT RENEWAL TERM: May 1, 2022–APRIL 30, 2023 _X—Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional ane-year term. No, I do not wish to renew the bid for the fallowing reason(s) ZAMBELLI FIREWORKS MANUFACTURING CO. NAME OF COMPANY91Gt5PbRE—� L/ Tony Sawdey Project Manager NAME OF REPRESENTATIVE TITLE (please print) January 31, 2022 561-395-0955(ext. 1205) DATE (AREA CODE)TELEPHONE NUMBER tsawdeyf'7a.zambellifireworks.com E-MAIL America's Gateway to the Gulf Stream Page 88 of 604 6.D. Consent Agenda 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Approve the authorization of staff to issue a purchase order in the amount of$45,240.00 for the annual estimated expenditure for janitorial services with Clean Space based utilizing COBB Bid No. 010-2511-19/IT for Utility Administration Building, East Water Treatment Plant, West Water Treatment, and District Energy Plant. Explanation of Request: Staff is requesting the amount of$45,240.00 for janitorial services for Utility Administration Building, East Water Treatment Plant, West Water Treatment, and District Energy Plant. The contract period for janitorial services is from March 1, 2022-February 28,2023. How will this affect city programs or services? Approval for the amount will ensure continuation of uninterrupted janitorial services for City municipal buildings and facilities within the Utilities Department. Fiscal Impact: Budgeted Alternatives: Require a new solicitation to be issued for services to be maintained. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Addendum Clean Space Proposal and Bid Docs Page 89 of 604 CLEANSFAMMmw ma CLEAN SPACE,INC. iill!11110� SERVICE AG REEM ENT Whe,se Cteaning Mattew! DATE:01/14/2022 LOCATION: Boynton each—Utilities NAME: ADDRESS: PHONE: EMAIL: ........................... A. Utilities admin building,to include janitorial services 3X pe rwee k,carpet cleaning 2X peryear,vinyl strip and wax2X pe rye jr,includes all cleaning agents and consumable products. B. East watertreatment plant,to include janitorial services 3X per week,carpet cleaning 2X peryear,vinyl strip and wax2X peryear,includes all cleaning agents and consumable products. C. West plant,to include janitorial services 3X per week,carpet cleaning 2X per year,vinyl strip and wax 2X per year,includes all cleaning agents and consumable products. D. District energy restrooms,to include janitorial services 3X perweek,carpet cleaning 2X peryear,vinyl strip and wax2X peryear,includes all cleaning agents and consumable products. • Days of Service:Monday,Wednesday,and Friday • What's included:Labor,cleaning equipme nt and cleaning agents • Staff Size:To be determined N A. $160.00 pervisit, billed monthlyat$2,080.00 per month 0,11 B. $65.00 per visit, billed monthly at$845.00 per month log Wo, 00 C�4 C. $45.00 per visit billed monthly at$585.00 per month D. $20.00 per visit billed monthlyat $260.00 per month gg mi 11i i Client agreesto pay Clean Space the total sum agreed in the pricing schedule section on or before 30days from the invoice date.Bysigning you are agreeingtothe contents ofthis proposal.If you decide toterminate services,paymentwill be due for all services rendered. CLEAN SPACE, INC. CLIENT: SIGNATURE: SIGNATURE: ...............---................................ NAME: Matt Giunco NAME: TITLE: Operations Manager TITLE: ...................... DATE: 2022 DATE: 2022 CLEAN SPACE,INC.3764 NV1 124TH AVE,CORAL SPRINGS FL 33065 11800.499.0116 1 WWW.CLEANSPACEONLINE.COM Page 90 of 604 Coversheet Page 1 of 1 7.A. Consent Bids and Purchases Over$100,000 2/1/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/1/2022 Requested Action by Commission: 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 February 1,2022-"Request for Extensions and/or Piggybacks." Explanation of Request: As required,the Finance/Procurement Department submits requests for award to the Commission;requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the"Agenda Request Item"presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION SOLICITATION RENEWAL TERM AMOUNT NUMBER Annual Estimated RDK Truck Sales Truck Rentals for Solid Waste COBB Bid No.011- March 20,2022- Expenditure Division 2515-19/IT March 19,2023 $100,000 Clean Space, Inc.formerlyAnnual Estimated Kelly Janitorial Systems, Janitorial Services for City Municipal COBB Bid No.010- March 1,2022- Expenditure Inc. Buildings and Facilities(REBID) 2511-19/IT February 28,2023 $250,000 How will this affect city programs or services? This renewal report will be used for those solicitations,contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description 0 Attachment Attachment a Attachment Renewal Interest Letter-RDK Truck Rentals-2022-2023 D Attachment Renewal Interest Letter-Clean Space,Inc.-2022-2023 https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemlD=12480&... Pl '29)2Z)f 604 IT TI T` BID JANITORIALSERVICtS FOR CITY MUNNI"C' IPAL BUILDINGS AND F CILITIES REBILI) B1 D .. 010-2511 -19/IT ANDATORY PRE-BID MEETING _ December 14, 2018, at 9:00 A.M. BOYNT � ,' EACH CITY HALL 3301 QUANTUM, BLVD., SUITE 101 BOYNTON,BEACH, FL 33426 ID OPENING J TE. 00a 8, 201_9 I131P IN TIME: 2:301 . . (LOCAL TIME) PURC NA 1 G SERVICES, CITY MALL {00229251.2 306-9001821) Page 92 of 604 The City of Boynton Beach Purchasing Services P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561)742-6323 FAX: (561)742-6316 INVITATION TO BID FOR JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID No.: 010-2511-19/IT Sealed bids will be received in PURCHASING SERVICES, City of Boynton Beach, 3301 Quantum Boulevard, Suite 101, Boynton Beach, Florida 33426 on or by: January 8, 2019JNo Later Than 2:30 P.M.[Local Timet. Bids will be opened in: PROCUREMENT SERVICES-CITY HALL unless otherwise designated. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a bid can be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid, whichever is sooner. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. LOBBYING /CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission 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 City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach 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 Manager or designee. (Section 2-355 of the Palm Beach County Code of BID NO. 010-2511-19/IT — JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 1 FACILITIES(REBID) Page 93 of 604 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 City Commission, 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 protest and any employee, or any written correspondence with Boynton Beach 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 the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Ilyse Triestman, Purchasing Manager; Telephone: (561) 742-6322, E-mail: tFJestMa!1j@bbfl.us BASIC SCOPE OF SERVICES: The City of Boynton Beach is seeking bids from qualified contractors to provide comprehensive janitorial services for the City's municipal buildings and facilities as further defined in the specifications and requirements. A MANDATORY PRE-BID MEETING and SITE-VISIT will be held on December 14, 2018, 9:00 A.M., at Boynton Beach City Hall, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426. After the pre-bid meeting, attendees will be required to attend mandatory site-visits of the following locations: City Hall; Police Department- 2045 High Ridge Road; Utility Billing & Police Department Customer Service - 209 N. Seacrest Blvd. These locations require attendees to be escorted by an authorized City representative. Inspection of the other locations is optional. The bidder is cautioned that, although the site visits of the other locations listed within this bid are optional, no modification or any changes will be allowed in the pricing because of the failure of the bidder(s) to have visited the sites. Attendance at both the pre-bid conference and site inspections of City Hall, the Police Department and Utility Billing is mandatory and proof of attendance will be evidenced by the Bidder's signature or signature of Bidder's designee on the attendance sheet provided. Firm proposals will be rejected if the respondent has not attended the conference and the site inspections. In an attempt to minimize disruction to and interference with regular City operations, attendance is limited to no more than two f21 representatives from any one firm. Contact: City of Boynton Beach Purchasing Services 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 Ilyse Triestman, Purchasing Manager (561) 742-6322 or riasf anl( bbfl.us Office Hours: MONDAY-FRIDAY, 8:00 A.M.TO 5:00 P.M. CITY OF BOYNTON BEACH ,1.-. 0- At-WQ TIM W. HOWARD ASSISTANT CITY MANAGER-ADMINISTRATION BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 2 FACILITIES(REBID) Page 94 of 604 INVITATION TO BID FOR JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID No.: 010-2511-19/IT Section 9 —SUBMITTAL INFORMATION A. The City of Boynton Beach will receive bid responses until Januar 8, 2019 at 2:30 P.M. LOCAL TIME) in Purchasing Services located at 3301 Quantum Blvd., Suite 101, Boynton Beach, FL. 33426. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their bid response delivered to Purchasing Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. Bid responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the bid and prior to the award being made. C. If any addendum(s) are issued to this Bid, the City will attempt to notify all prospective bidders who have secured same, however, it shall be the responsibility of each bidder, prior to submitting the bid response, to contact the City Procurement Services at(561) 742-6322 to determine if any addendum(s)were issued and to make any addendum acknowledgements as part of their bid response. D. One (1) original. so designated. two (21 conies along with one (1) electronic copy on a USB thumb drive for a total of four j4),.Aof the response shall be submitted in one sealed_package clearly marked on the outside, of the bid response shall be submitted in one sealed package clearly marked on the outside "INVITATION TO BID FOR JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES IREBID)" to: City of Boynton Beach, Purchasing Services, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426. E. Responses shall clearly indicate the legal name, address and telephone number of the bidder (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to contractually bind the proposer to the submitted bid. Bidder must note their Federal I.D. number on their bid submittal. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 3 FACILITIES(REBID) Page 95 of 604 GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. EXECUTION OF BID: Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. MINOR IRREGULARITIES/RIGHT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. The City of Boynton Beach reserves the right to waive irregularities or informalities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City. The City may reject any response not submitted in the manner specified by the solicitation documents. BID NO. 010-2511-19/1T - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 4 FACILITIES(REBID) Page 96 of 604 RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS, Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries must reference the date by which the bid is to be received. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 5 FACILITIES(REBID) Page 97 of 604 SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected, unless addressed in the Special Conditions Section of the bid documents. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's submittal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 6 FACILITIES(REBID) Page 98 of 604 NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this submittal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. PUBLIC ENTITY CRIMES: As provided in Fla. Stat. § 287.133(2)(a), 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 my 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. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 7 FACILITIES(REBID) Page 99 of 604 and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is awarded a contract as a result of the solicitation, if bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT_ The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 8 FACILITIES(REBID) Page 100 of 604 Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the Contract Administrator or his or her designee and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Manager and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 9 FACILITIES(REBID) Page 101 of 604 PALM BEACH COUNTY INSPECTOR GENERAL: The contractor 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 any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 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: JUDY PYLE, CITY CLERK 3301 Quantum Blvd., Suite 101, Boynton Beach, FL. 33426. 561-742-6061 PYLEJ@BBFL.US QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to Il se Triestman, Purchasin Man& er, Monda throu h Frida 8:00 A.M. to 6.00 P.M. at X561) 742-6322; E-mail triestmani b fl.us BID NO. 010-2511-19/IT — JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 10 FACILITIES(REBID) Page 102 of 604 LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent(5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. SCRUTINIZED COMPANIES-287.135 and 215.473 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer 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. Solicitation responses of $1 million or more must include the attached Scrutinized Companies form to certify that the Proposer is not on either of those lists THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. BID NO. 010-2511-19/IT — JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 11 FACILITIES(REBID) Page 103 of 604 SPECIAL TERMS AND CONDITIONS INTENT: The intent of this contract is to insure a high level of custodial services. Performance and the quality of work will be first class in hygiene and cleanliness. Failure to meet the cleaning specifications as set forth in this contract will invoke penalties. All areas serviced by this contract will be inspected routinely by the Contract Administrator or his/her designated representative(s). These inspections will be for the purpose of assessing the contractor's performance meeting Section 20, Materials & Equipment; Section 21, Quality of Standards and Workmanship; and Sections 22 through 26, Task Schedules as described herein. Any deviations or deficiencies noted by the Contract Administrator will be brought to the attention of the contractor through the use of the Custodial Services Report(see sample). Any deficiencies noted in any inspections are to be corrected within twenty-four hours or become subject to penalty as outlined herein. The twenty-four-hour grace period may be extended in writing by the Contract Administrator should extraordinary circumstances warrant such extension in his/her judgment. Disputes over inspections or deficiencies will be resolved in accordance with Section 19, Disputes. BID TERM: The initial term of the Bid awarded shall be for two (2) years from the effective date of the bid award and by mutual agreement between the City and the awardee(s), may be renewable for three (3) additional one (1) year periods. The City reserves the right to exercise the option to renew annually. The City reserves the right to extend automatically for a period not to exceed an additional six (6) months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. COST ADJUSTMENTS: Prices quoted shall be firm for the initial bid term. No cost increases shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Cost increases for any extension terms shall be subject to City approval. Any requested adjustment, not to exceed 5%, shall be fully documented and submitted to the City at least ninety (90) days prior to the bid term anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved bid extension. The determination as to whether the adjusted costs are acceptable is in the sole and exclusive discretion of the City. BASIS OF AWARD: The City intends to award this bid to the lowest priced responsive and responsible bidder meeting all specifications and requirements per group. The bidder must bid on all locations within the group to be considered for award of group and indicate "No Charge" for those items that are included at no additional charge in order to be responsive. Failure to bid on all locations within the group will be construed as incomplete and ineligible for award of the group. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 12 FACILITIES(REBID) Page 104 of 604 ADDITIONAL SERVICES: These are additional services that may be required or desired during the term of the contract. You do not need to bid on all items in this section. If you do not intend to submit a bid on a particular service within this section, indicate "No Bid" for that item. Do not leave the line "blank." Items within this section will not be considered in the evaluation process for award recommendation. BONDS: BLANKET FIDELITY(DISHONESTY) BOND: The awarded bidder must furnish a Blanket Fidelity (Dishonesty) Bond in the amount of $10,000.00 upon award. PAYMENT AND PERFORMANCE BONDS: For awarded bids of $25,000.00 or more, the successful bidder shall furnish a performance bond, cash bond, or irrevocable letter of credit or alternative means of security to protect the City from loss in the event of the Vendor's default in the performance of work which is subject of the award. Amount of such bond will be $50,000. The successful bidder will provide a Performance Bond for the two-year contract and for the duration of any and all extensions. RECORDING OF CONTRACT BOND: Before commencing the work, Contractor(s) shall provide to City a certified copy of the recorded bond(s). City may not make any payment to Contractor until Contractor has complied with this requirement. POWER OF ATTORNEY: Attorneys-in-fact who sign Bid Bonds or Contract Bonds shall file with each bond an original, certified and dated copy of their power of attorney. QUALIFICATION OF SURETY: The Payment and Performance Bonds shall be executed by a surety company of recognized standing authorized to do business in the State of Florida and having a resident agent in the State of Florida for purposes of service of process. The surety company shall hold a current certificate of authority as acceptable surety on Federal Bonds, in accordance with U.S. Department of Treasury Circular 570, current revision, or meet the criteria established as to acceptable surety companies by the Board of Commissioners of State Institutions, March 18, 1958, or the equivalent thereof. A surety shall be deemed not qualified if the surety shall have a receiver appointed for it, or if it shall declare or file or has filed for bankruptcy. PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton Beach shall be given "first priority" for all goods and services under this contract (if applicable). Bidder agrees to provide all goods and services to City of Boynton Beach throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number and address to the City in the event of such an emergency. Failure to provide the stated priority/preference during an emergency/disaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the City. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 13 FACILITIES(REBID) Page 105 of 604 business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. SPECIFICATIONS: The apparent silence of the Specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this Statement. For the purposes of evaluation, the Bidder must indicate any variance or exceptions to the stated Specifications no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the Specifications in every respect. TERMINATION FOR DEFAULT: In addition to all other remedies available to the City, this Contract shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. UNCONTROLLABLE CIRCUMSTANCES ("Force Majeure"): The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay, or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: a) The non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; b) The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; c) No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and d) The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. PROPERTY DAMAGE: If property (public or private) is damaged while Contractor is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the City prior to the final acceptance of the Work. Such property shall include but not be limited to: structures, parkways, sidewalks, curbs and gutters, driveways, walls, fences, water features, footings, underground utilities, sod, shrubs, and trees. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 14 FACILITIES(REBID) Page 106 of 604 INVOICING AND PAYMENT: Payment will be processed after the successful completion of the assigned services based on a comparison between the "itemized" invoice and the Work Schedule (Logs) and review of any Custodial Service Reports. The contractor will submit date and time stamped before and after pictures for all work being invoiced. This shall include all contract items listed in the SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS, Section 21. QUALITY STANDARDS AND WORKMANSHIP. The Finance Department processes payments either through E-Payables or paper checks every two (2) weeks and all checks are mailed; no exceptions. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach Attn: Gail Mootz, Project Supervisor/Contract Administrator 222 NE 9th Avenue Boynton Beach, Florida 33435 All invoices submitted shall consist of an original and one (1) copy as follows: ➢ Clearly reference the subject Contract or Purchase Order number; ➢ Provide a clear description to identify the goods and services for which payment is requested; ➢ Contain date of delivery and/or completion of phased.services; The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re-submit a corrected invoice to the City for processing. CONTRACT ADMINISTRATOR: The Contract Administrator is Gail Mootz, Project Supervisor/Contract Administrator, 222 NE 9th Avenue, Boynton Beach, Florida 33435. Telephone no.: (561) 742-6223. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. BID NO. 010-2511-193T - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 15 FACILITIES(REBID) Page 107 of 604 SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS 1. PURPOSE AND INTENT The purpose and intent of this Invitation to Bid is to secure firm fixed pricing and to establish a term contract for comprehensive janitorial services at various locations within the City of Boynton Beach. 2. SERVICE PERFORMANCE The intent of this contract is to insure a high level of custodial services. Performance and the quality of work will be first class in hygiene and cleanliness. Failure to meet the cleaning specifications as set forth in this contract will invoke penalties. All areas serviced by this contract will be inspected routinely by the Contract Administrator or his/her designated representative(s). These inspections will be for the purpose of assessing the contractor's performance meeting Section 20, Materials and Equipment; Section 21, Quality of Standards and Workmanship; and Sections 22 through 25, Task Schedules as described herein. Any deviations or deficiencies noted by the Contract Administrator will be brought to the attention of the contractor through the use of the Section 25, Custodial Services Report (see sample). Any deficiencies noted in any inspections are to be corrected within twenty-four hours or become subject to penalty as outlined herein. The twenty-four-hour grace period may be extended in writing by the Contract Administrator should extraordinary circumstances warrant such extension in his/her judgment. Disputes over inspections or deficiencies will be resolved in accordance with Section 19, Disputes. 3. WORK SCHEDULE Work is to be performed after Normal Operating Hours as noted in the Section 28, COBB facility cleaning frequencies chart for each facility unless otherwise noted or mutually agreed upon; see the Normal Operating Hours in the Section 28, COBB facility cleaning frequencies chart. A schedule will be furnished to the City and updated as necessary, indicating the name of the supervisor assigned to oversee the work and including the supervisor's day and evening telephone numbers. Bidders must submit a complete list of janitorial/custodial materials, equipment, products and brands to be used; see Section 25, Materials and Equipment. Contractor will not be allowed to subcontract work under this contract unless written approval is granted by the City's Contract Administrator. The subcontractor, if approved, will be bound by the conditions of the contract between the City and the awarded contractor and will perform in accordance with all terms of the contract and specifications. All required notices, work orders, directives, and request for emergency services will be directed to the contractor. All direction given to the subcontractor on the work site will bind the contractor as if the notice had been given directly to the contractor. 16 Page 108 of 604 Contractor must provide a telephone number and a named contact person who can be reached during all working hours for emergencies and resolving problems. 4. DUE DILIGENCE Each bidder shall complete a Statement of Bidder's Qualifications which will be used as a source of information in the evaluation process. The following factors will be considered to determine the responsibility of the bidder. • Experience of the firm with similar projects. • Background and experience of principal members of the personnel, including officers. • Bonding capacity. • Evidence of possession of required licenses or business permits. • Contracts on hand. • Largest completed contracts. • Review of references. • Consideration of past lawsuits or arbitrations to which the firm has been a party. 5. COMMUNICATIONS The contractor or his/her representative will meet with the City's contract administrator on a monthly basis, or more frequently if necessary, to discuss schedules, problems, needs, and mutual areas of concern. The contractor or his/her representative will report any building and/or infrastructure issues or problems on a nightly basis to the Public Works Main Answering Point, (561) 742-6200. Any emergency with the building/infrastructure that require immediate attention must be reported to Dispatch (561) 732-8116. The use of the Section 28, Custodial Services Report (CSR) will establish a system whereby notice is given by the City to the contractor indicating problems, complaints, and other contract discrepancies. The contractor will have one (1) twenty-four-hour daily cycle immediately following notification by a Custodial Services Report to correct a deficiency and request a re-inspection; failure to pass the re-inspection will result in a penalty charged as outlined in Section 18, Penalties. 6. WORK LOG The City will allow the contractor to install a time clock in the janitorial closet of Intracoastal Clubhouse Park for their use in tracking employee times. The contractor's supervisor will be required to maintain a daily work log showing deviations from the assigned work schedule, or when work assignments have not been completed and supply copies to the contract administrator on a daily basis. The contractor will supply the contract administrator by the 31d of each month a timekeeping log showing the facility name, date, hours at facility and task completed for all scheduled items. It will be the contractor's responsibility to ensure that sufficient manpower is available to complete the assigned tasks irrespective of sickness, holidays, vacations, or other personnel matters. Only Police Department acoroved personnel shall be allowed to access the Police De artment. 17 Page 109 of 604 Relief personnel will be provided as necessary and work overtime as necessary, at no additional cost to the City, to ensure adherence to Sections 27 through 32, Task Schedules. Only-Police Department,rap proved personnel shall be allowedto access the Police Department. Porter service will be provided to the City of Boynton Beach, Monday-Friday from 10:00 am-2:00 pm. The porter will be housed at City Hall and be utilized throughout the city as needed. Contractor will submit to the contract administrator within 30 days of the contract award the following schedules: ➢ WEEKLY tasks by facility o Cleaning o Floor(VCT, Tile, Marble, Carpet) ➢ MONTHLY tasks by facility. (JANUARY THROUGH DECEMBER EVERY MONTH} o Cleaning o Floor(VCT, Tile, Marble, Carpet) ➢ QUARTERLY tasks by facility. LM4RCH, JUNE,. SEPTEMBER,_DECEMBER o Cleaning o Floor(VCT, Tile, Marble, Carpet) ➢ SEMI-ANNUAL tasks by facility. MARCHy. SEPTEMBER o Cleaning o Floor(Strip and wax VCT, Tile, Marble, Steam clean Carpet) ➢ YEARLY tasks by facility. LEggRUAR_Y o Cleaning o Floor(VCT, Tile, Marble, Carpet) Every Friday by 2:00pm the Contract Supervisor will supply the Contract Administrator the following weeks schedule for all nightly work that does not fall under Section 27 Task schedules—daily tasks. 7. TRAVEL The City of Boynton Beach will not responsible for any travel expenses. 8. CONTRACTOR RESPONSIBILITY Contractor will be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions, and Specifications outlined in these bid specifications. Contractor will be responsible for obtaining all necessary permits, licenses, and/or registration cards, 1-9 Form (Employment Eligibility Verification) in compliance with all applicable federal, state, and local statues pertaining to services as specified including coordinating City issued photo ids, keys, access cards, and background checks through the contract administrator. 9. TAXING RESPONSIBLITIES With submission of this bid proposal, the contractor understands that the City of Boynton Beach is not responsible for any federal, state, or locally mandated tax withholding associated with wages of the vendor's employees and/or any of its subcontractors. 18 Page 110 of 604 10. SUPERVISION AND STAFF The contractor shall provide at least one (1) on-site supervisor for each crew engaged in work under this contract with the following qualifications and responsibilities. • The on-site supervisor must be fluent in the English language. • The successful bidder shall provide an adequate number of trained and qualified supervisors and staff capable of providing the necessary labor to satisfy the contract. • The on-site supervisor's qualifications shall be determined by a substantiated history of at least three (3) years of on the job custodial experience, including at least one (1) year of supervisory experience in the field of custodial services. • The on-site supervisor will be provided a pager and/or cell phone at the contractor's expense and the number will be provided to the City. • The on-site supervisor will be responsible for the instruction and training of personnel in proper work methods and procedures. • The on-site supervisor will schedule and coordinate all services and functions as required by the contract and as specified in the Task Schedules with the Contract Administrator. • The on-site supervisor shall be authorized by the contractor to accept and act on all directives issued by the City's contractor administrator. Failure of the on-site supervisor to act on said directives shall be sufficient cause for the City to give notice that the contractor is in default of the contract. 11. PERSONNEL REQUIREMENTS Persons employed by the contractor in the performance of services pursuant to this bid shall not be considered employees of the City, shall be independent thereof and shall have no claim against the City as to pension, workers' compensation, unemployment compensation, insurance, salary, wages or other employee rights of privileges granted by operation of law or by the City of Boynton Beach and shall be 18 years of age or older. All employees assigned by the contractor shall be fully capable, experienced, and trained in the work they are employed to perform. They shall be physically able to complete the cleaning tasks outlined in these specifications. The Contractor shall submit to the City administrator certificates for each employee bio-hazard clean-up certified. The contractor may be working in areas containing sensitive or restricted information or materials. All employees must be covered by a blanket fidelity bond in the amount of$10,000; a copy of which must be provided to the City upon notification of award. 19 Page 111 of 604 Prior to any employee of the contractor commencing work, the employee will submit: ➢ An application to the Volunteer& Employee Criminal History System (VECHS) ➢ Fingerprinting under the National Child Protection Act of 1993, as amended. ➢ Background check per Section 943.0542, Florida State Statues per Section 16, Contractor Responsibility, coordinated by the City's contract administrator through the City's Human Resources Departments. ➢ Additionally, CJST Security Policies will need to be met before any contract employee with be granted access to any of the City's Police facilities by the City's Police Department. ■ Contract Personnel assigned to City's Police facilities by the City's Police Department shall complete the Police Department questionnaire and submit with all associated paperwork to the contract administrator within 7 days of contract award. If the contractor fails to submit the required Police Department questionnaire and associated paperwork, a deduction of 10% of the monthly fee will be deducted per day for each day the Police Department questionnaire is not submitted to the contract administrator. ■ City issued photo identification badges and access cards, which will limit access to certain City facilities, will not be issued until such time that the Contract Personnel has passed the City's Police Department's requirements. The contractor will be responsible for: ➢ Notifying the contract administrator of any lost City issued photo identification badges, access cards, or keys. The contractor will be billed for any costs incurred for their replacement. ➢ Surrendering the City issued photo identification badges, access cards, and all issued keys for any contract employee no longer working on City property. ➢ Surrendering the City issued photo identification badges, access cards, and all issued keys at the end of the contract or final payment will be withheld. The City will exercise full and complete control over granting, denying, withholding, or terminating clearance for any of the contractor's employees. Employees whom the City deems careless, discourteous, or otherwise objectionable or who cannot meet standards required for security or other reasons will be prohibited from entering the building(s). 12. SECURITY AND ACCESS All contractor employees will display City issued photo identification badges while working on City premises as noted in Contractor Responsibility. No employees will be allowed access to any City facilities area without displaying the required City issued photo identification badge, wearing uniform shirts clearly identifying the company's name, and wearing closed toe, rubber soled shoes at all times. Also, while shorts are acceptable, they cannot be more the 3" above the knee caps. The contractor will work in several areas which are: ➢ Under secured access ■ Shall be maintained in a secured condition and will be locked immediately upon the contractor completing their daily operations. ➢ Generally opened to the public for meetings, rentals, and other uses. Schedules of all public meetings and uses will be provided to the contractor on a monthly basis when available. 20 Page 112 of 604 NO EXTERIOR DOORS SHALL BE PROPPED OPEN AT ANY TIME. Daily custodial services cannot be performed or completed in various conference rooms or meeting areas until meetings have ended. The contractor's operations will not interfere with these meetings. Meeting schedules will in no way diminish the contractor's responsibility for cleaning the meeting areas after public use. 13. KEY CONTROL Contractor shall: ➢ adequately secure the keys, access cards, other entry devices, and codes provided by the City. ➢ shall maintain a record of the keys numbers issued to its employees. I key list will be provided tote City Administrator with 30 days of contract start date. (Contractor shall not duplicate and shall not allow such items to be duplicated.) ➢ the contractor will be responsible to pay for any broken keys. Any such its which become lost, missing, or stolen shall be immediately reported to the City representative by the contractor. Should the contractor lose or have stolen any keys or access cards issued tot contractor by the City, the cost of changing locks or keys tot buildings, rooms, or areas accessible by the lost or stolen keys will be deducted from the contractor's invoice tote City for the work performed under this contract. 14. SPECIAL AND UNFORESEEN WORK Due to the generalized nature of the work under this contract, instances may occur where the City has need for additional cleaning and custodial services outside the original intent of this contract. Requests for special work will be authorized in writing only through the Contract Administrator under the section for the Monthly Price Schedule. A separate hourly rate is requested as part oft Special Services under the section for the Monthly Price Schedule. The contractor will be required to submit a separate invoice for hours worked, a service fee, and itemized materials. An emergency contact number shall be supplied for emergency cleaning services. The contractor will be required to respond by phone within 30 minutes of the call and be on-site with one hour after contacted by the Contract Administrator. 16. PROTECTION OF PUBLIC AND PRIVATE PROPERTY The contractor shall exercise all necessary caution to protection pedestrian traffic and all public and private property from injury and damage caused by the contractor's operations. Any practice obviously hazardous in the opinion of the Contract Administrator shall be immediately discontinued by the contractor upon receipt of either written or oral notice to discontinue such practice. The contractor shall comply with all OSHA and other Federal, State, and Municipal safety standards and policies. Contractor shall supply for the City's review and approval Material Safety Data Sheets (MSDS) for all supplies used and shall maintain a MSDS book in the main custodial closet in every complex. 21 Page 113 of 604 It shall be the responsibility of the successful bidder to maintain worker's compensation insurance, property damage, liability insurance, and vehicular liability insurance, during the time any of his/her personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the Citi The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition (see Insurance Advisory Form). 16. LOST AND FOUND ARTICLES Contractor will ensure that all articles found in City buildings or on City property by their employees while performing duties under this contract, will be returned to the Contract Administrator no later than one work day after finding the item. 17. CUSTODIAL CLOSETS AND UTILITIES Custodial closets shall be kept orderly and clean at all times. City shall supply electric power and water without charge to the contractor. Contractor will use the City's utilities .as needed, but without waste by ensuring all water supplies and light fixtures are turned off as cleaning is completed. 18. PENALITIES Any deficiency communicated in writing per Section 18, Communications on the Section 32, Custodial Services Report (CSR) to the contractor, and not corrected within the time limits as described within the below specifications shall become subject to a financial penalty for nonperformance or substandard performance. Penalties, if any, shall be withheld from the monthly payment to the contractor as liquated damages to the City. Penalties, if applied, do not limit the right of the City to seek other redress for nonperformance or substandard performance. The fee structure for task deficiency shall be as follows: Task Deficiency Chart "A" • Facility completely missed — 10% of the Monthly Fee for the relevant building. • Facility left unlocked—5% of the Monthly Fee for the relevant building. • Paper Products (Toilet Paper and Hand Towels) not filled — 10% of the Monthly Fee for the relevant building. • Soap Dispensers not filled — 10% of the Monthly Fee for the relevant building. Task Deficiency Chart "B" • Deficiency in a Daily Task—5% of the Monthly Fee for the relevant building. • Deficiency in a Weekly Task— 10% of the Monthly Fee for the relevant building. • Deficiency in a Monthly Task— 15% of the Monthly Fee for the relevant building. • Deficiency in a Quarterly Task—20% of the Monthly Fee for the relevant building. • Deficiency in a Semi-Annual Task—25% of the Monthly Fee for the relevant building. • Deficiency in an Annual Task—25% of the Monthly Fee for the relevant building. 22 Page 114 of 604 Contractor shall respond to a reported Section 32, Custodial Services Report(CSR): 0 30 minutes to acknowledge CSR 0 60 minutes to be on site to correct dAflly deficiencies in CSR. • * 24 hours to correct any weekly, monthly, guarterly, semi-annuaL and annual deficiencies in CSR, with the exception to "Task Deficiency Chart "A" above. These items need to be corrected within 1 hour of notification by the Contract Administrator or his/her designee. *Penalties shall repeat each twenty-four-hour daily cycle until such time as the deficiency is corrected. 19. DISPUTES The contractor shall faithfully perform all work as set forth in these specifications. If the contractor fails to faithfully perform in accordance with the specifications, or if a dispute arises as to the quantity and/or quality of work completed, the City's Contract Administrator reserves the right to withhold payment until such time that the performance dispute has been remedied. In case of any doubt or difference of opinion as to items to be furnished hereunder, the decision of the City Manager shall be final and binding upon both parties. 20. MATERIALS AND EQUIPMENT All prod ucts/materials are to be Green Seal Certified or Bio-Renewable and approved by the City prior to their use. Failure to use the approved products/materials will result in a penalty based on the fee structure for task deficiency outlined in Section 10, Penalties. If and whenever in the specifications a brand name, make, name of any manufacturer, trade name or vendor catalog number is mentioned it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within his bid and to prove to the City that said product is equal to that specified and to submit brochures, samples, and/or specifications in detail on item(s) submitted. The City shall be the sole judge concerning the merits of the bid submitted. Exceptions are items specified as "NO SUBSTITUTES". No substitutes will be accepted for the supplies except for the Grit Soap. The City may consider approved equals for the Grub Scrub Hand Soap. The items to be furnished by the contractor will include, but not be limited to, the following: • All paper and soap products including paper towels, toilet paper, and soap. NO SUBSTITUTES: Toilet Tissue—REN06125-WB, Single Roll, Bath Tissue, 2ply, 3—%x 4 Paper Towels—R06131- , Controlled Hand Roll Towel, White Hand Soap(Hands-free dispenser)— REN02544, Antibacterial Foam Soap, 11200ml Hand Soap—REN02528,Antibacterial Hand wash Soap, 1250m1 Body Soap &Shampoo— REN002493, Renown Gen 11, 2000ml, Body/Hair Shampoo Grit Soap—SPA2810-04, Grub Scrub Hand Soap w/Pumice, Flat Top Gallons Urinal Screen— REN03070-FR, Cotton Blossom (Replaced every 21 days) • All urinal screens and cleaners. WATER-FREE URINALS: Screens and Cleaners must meet the manufacturer's specifications for water-free urinal maintenance. • All plastic liners for waste receptacles. • All cleaning materials and equipment necessary to complete specifications including wiping and dust rags (NO THE DUSTERS), mops, brooms, buckets, vacuum 23 Page 115 of 604 cleaners, buffing machines, carpet extractors, and specialty equipment including waste collection containers. • A listing of all materials and equipment to be used shall be part of the proposal and shall be of industrial or commercial type. • A record of all Material Safety Data Sheets (MSDS) for those products/materials used or stored on City property shall be maintained at each complex at all times for public reference as outlined in Section 15, Protection of Public and Private Property and a copy supplied to the contractor administrator. The Contractor shall submit a quarterly report of all supplies used in the performance of the work to the Contract Administrator. The report shall minimally include but not be limited to the following information: list of supplies per location, quantity of supplies, etc. 21. QUALITY STANDARDS AND WORKMANSHIP The following statements indicate the general standards and workmanship to be furnished under this contract: 1. Garbage/Trash & Recycling {DAILY) a. All garbage/trash and recycling from the interior and exterior of the facilities is to be gathered and not co-mingled and then placed into the appropriate carts and/or containers provided by the City. (Note: The collection of garbage/trash does not include the large trash barrels throughout the grounds of our parks. Also, nothing shall be removed from desks and/or tables as all trash/recycling must be in the appropriate receptacle or next to the receptacle marked as trash or recycling in order to be collected.) b. All garbage/trash and recycling collection containers are to be wiped outidown as necessary to provide a clean appearance and pleasant smell and then lined with a plastic bag of the appropriate size. 2. Paper& Soap Dispenser Maintenance IDAILY) a. All paper and soap dispensers will be filled daily with the specified products as noted in Section 25, Materials and Equipment. b. The exteriors of all dispensers are to be dusted or wiped down to remove all dirt, dust, and miscellaneous debris. c. Malfunctioning dispensers are to be marked with a note stating "Out of Order" and reported immediately to Facilities Management Main Answering Point of (561) 742-6200, along with an email to the Contract Administrator; mootzg@bbfl.us 3. Floor Cleaning— Hard Floors tDAILYt a. NOTE: Proper safety signage will be used for the safety of the buildings' occupants and visitors should they appear when any Hard Floor Cleaning occurs. b. Hard floor cleaning will include (VCT, Tile, Marble) open areas, in corners, behind doors, under the furniture, stairs, and stairwells. All paper clips, staples, loose material, etc., shall be picked up and properly disposed of. c. Dust mopped floors should be done with microfiber cloths. d. Wet mopping of tile will occur after dust mopping or sweeping (NO SWEEPING IN THE LIBRARY) and is to present a clean floor that is free of streaks, smears, and dried dirt. Using dirty mop water is unacceptable and used mop water is to be dumped immediately after the completion of mopping an area. Mop water is not to be dumped in any landscaping or in any storm drains. Only approved cleaners/detergents will be used in the mop water for wet mopping hard floor 24 Page 116 of 604 surfaces. All floor drains are to be clean of dirt build-up and thoroughly rinsed after restrooms or locker room cleaning. e. Concrete floors, such as those in the parks, shall be swept first. Spots will be scrubbed with a brush and then the floors shall be sprayed with cleaner/disinfectant and hosed off into the floor drain. Any debris collected on the grates of the floor drains shall be removed and disposed of. f. (QUARTERLY) Tile & Marble to be spray buffed to show a "Wet Look" gloss. Spray buffing shall only be accomplished after the floor is cleaned of all dirt or loose material. g. (SEMI-ANNUAL) VCT & Marble to be refinished with floors being completely stripped of all wax to the original surface of the floor, resealed with an approved product, re-coated with a minimum of five (5) coats of an approved wax allow, each coat allowed to dry before applying the next coat, and buffed using an appropriate buffing machine to show a "Wet Look" gloss. h. (QUARTERLY) Ceramic Tile grout will be steam cleaned and then sealed. 4. Floor Cleaning - Carpet(DAILY) a. Carpet vacuuming and cleaning will include open areas, in corners, behind doors, and under the furniture. All paper clips, staples, loose material, etc., shall be picked up and properly disposed of. b. Carpet vacuuming will be accomplished only with a properly maintained vacuum cleaner with a hepa-filtration system and will include carpeted floor mats; floor mats are not to be broom cleaned. c. (WEEKLY) Carpet is to be spot cleaned and cleaned only with an approved dry method extraction system. Heavy use carpet areas and carpeted mats will be cleaned to maintain a dirty-free appearance. d. (QUARTERLY) Carpet will be pre-treated and steam cleaned. 5. Glass & Mirror Cleaning tDAILY) a. Glass and mirrored surfaces will be cleaned free from streaks, smears, and Spots. b. All interior glass, entryways will be cleaned free from streaks, smears, and spots during each scheduled visit. 6. Water Fountain Cleaning DAILY) a. Water fountains both on the interior and exterior of the facilities are to be cleaned and sanitized and all chrome is to be polished. 7. Breakroom & Kitchen Cleaning (DAILY) a. Breakroom & Kitchen Cleaning shall consist of Garbage/Trash & Recycling, Paper& Soap Dispenser Maintenance, Floor Cleaning, Furniture Cleaning, Glass & Mirror Cleaning, Horizontal/Flat Surface Cleaning, and the cleaning and polishing of all chrome/metal fixtures, appliance exteriors including vending machines, and the cleaning and disinfecting of sinks to be free from dirt, food particles, grease, grime, and stains. 25 Page 117 of 604 8. Restrooms and Locker Room Cleaning iDAILY} a. NOTE: Water-free urinals will be cleaned in accordance with the manufacturer's instructions. b. Restroom and locker room cleaning shall consist of Garbage/Trash & Recycling, Paper& Soap Dispenser Maintenance, Floor Cleaning, Furniture Cleaning, Glass & Mirror Cleaning, Horizontal &Vertical Flat Surface Cleaning, the cleaning and polishing of all chrome/metal fixtures, and the cleaning and disinfecting of all sinks, toilets, and urinals to be free of dirt, grime, and stains and to include the periodic replacement of urinal deodorizers which would be approximately 15% smaller than the originally installed deodorizer. This is to include flushing and/or plunging any clogged or filled toilets or urinals. The Contractor shall use bowl cleaners and nylon bowl mops to remove scale, scum, mineral deposits, rust stains, and any other stains from the insides of toilet bowls and urinals. The cloths and sponges used in cleaning and disinfecting toilets, urinals and other surfaces contaminated with urine or feces shall be a color readily distinguished from cloths and sponges used on other surfaces and fixtures. The Contractor shall use bowl cleaners and nylon bowl mops to remove scale, scum, mineral deposits, rust stains, and any other stains from the insides of toilet bowls and urinals. 9. Custodial Closets (DAILY) a. Custodial closets will be clean with stock and equipment stored neatly. Trash and used materials/supplies including dirty mop water are not to be left in the closet at any time. All faucets/valves are left securely in the closed position. No lights are to be left on when the closet in not in use. 10. Elevators (DAILY) a. Elevator doors and walls are to be cleaned of any dirt. Elevator floors are to be swept or vacuumed according to the type of flooring in the elevator. 11. Furniture Cleaning (WEEKLY a. All vinyl, metal, and/or wood surfaces of furniture are to be wiped to eliminate any dust, dirt, or grime leaving the surface free of streaks and residue. b. Cloth surfaces of furniture will be spot cleaned with an approved dry method extraction system. 12. Horizontal &Vertical Flat Surface Cleaning(WEEKLY a. Horizontal and Flat Surfaces shall be wiped clean and/or dusted completely free of all loose and adhering or other foreign material on the original finish of a surface. A clean surface will appear both physically and visually clean, free from streaks, or other residue. b. NO feather dusters 13. Vent Cleaning MONTHLY a. All air conditioning supply and return air vents are to be wiped down with a treated soft cloth to remove all dust, dirt, and grime. 14. Window Blind Cleaning (SEMI-ANNUAL a. Window Blinds are to be vacuumed on both sides with a soft-brush attachment and wiped down with cleaner and soft cloth or professionally, chemically dipped. 26 Page 118 of 604 15. Exterior/Interior Window Cleaning (SEMI-ANNUAL a. Wash and squeegee dry all windows both on the exterior and interior leaving the glass streak-free. All dirt and dirty water must be wiped or rinsed off the window sills. 16. Exercise Equipment Cleanin WEEKLY- Hester Center and Police Department) a. All surfaces of exercise equipment are to be wiped to eliminate any dust, dirt, or grime leaving the surface free of streaks and residue. b. NOTE: Proper safety signage will be used for the safety of the buildings' occupants and visitors should they appear when any Hard Floor Cleaning occurs. 1. Concrete floors shall be swept first. Rubber mat floors shall be swept first. Spots will be scrubbed with a brush and then the floors shall be mopped with cleaner/disinfectant. Wet mopping of floors will occur after dust mopping or sweeping and is to present a clean floor that is free of streaks, smears, and dried dirt. Using dirty mop water is unacceptable and used mop water is to be dumped immediately after the completion of mopping an area. Mop water is not to be dumped in any landscaping or in any storm drains. Only approved cleaners/detergents will be used in the mop water for wet mopping hard floor surfaces. All floor drains are to be clean of dirt build-up and thoroughly rinsed after restrooms or locker room cleaning. 22. TASK SCHEDULES—DAILY TASKS (Refer to Section 21, Quality Standards and Workmanship for details.) • Garbage/Trash and Recycling • Paper and Soap Dispenser Maintenance • Floor Cleaning—Hard Floors to be Dust Mopped • Floor Cleaning—Carpet and Carpeted Floor Mats to be Vacuumed • Glass and Mirror Cleaning—Storefronts and Entranceways Water Fountain Cleaning • Break Room Cleaning • Restrooms and Locker Room Cleaning • Custodial Closets • Elevators 23. TASK SCHEDULE—WEEKLY TASKS (Refer to Section 21, Quality Standards and Workmanship for details.) • Floor Cleaning—Hard Floors to Wet Mopped • Floor Cleaning—Carpet to be Spot Cleaned • Furniture Cleaning—Wipe Down • Horizontal/Flat Surface Cleaning 24. TASK SCHEDULE—MONTHLY TASKS (Refer to Section 21, Quality Standards and Workmanship for details.) • Floor Cleaning—Hard Floors (VCT and Marble) to be Spray Buffed • Vent Cleaning 25. TASK SCHEDULE—QUARTERLY TASKS (Refer to Section 21, Quality Standards and Workmanship for details.) • Floor Cleaning— Hard Floors (Ceramic Tile) Machine Scrub Grout, Damp Mop, and Seal • Furniture Cleaning/Upholster/Spot Cleaning 27 Page 119 of 604 26. TASK SCHEDULE—SEMI-ANNUAL TASKS (Refer to Section 21, Quality Standards and Workmanship for details.) Semi-annual tasks are to be completed in February and August. Scheduling will be coordinated with the Contract Administrator and the Departmental Contact to ensure that no programming or rentals of the facilities are scheduled. • Floor Cleaning— Hard Floors (VCT and Marble) Refinished • Floor Cleaning—Carpet to be cleaned in its entirety; this is not spot cleaning • Window Blind Cleaning • Exterior/Interior Window Cleaning THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 28 Page 120 of 604 27. CUSTODIAL SERVICE REPORT(CSR) CUSTODIAL SERVICES REPORT Coffdaa Persoo/Exteinslow. Dateirmw of Inspedion.- DAILY LOCATION NOTES.: AfAreas Custodial aosets Garbage/Trah Reolde. D=Map Floors(VCTjAfiafb1e) Vacuum(Carpet) E] Glaw 0eaning [:] Water Fountain(Mpe down and kofish) E] Elemor R k fifflM&&er Roam El Paper Towel Dispenser E] ToNey Paper Dispenver Soap Diapensu Minor Cleanift E] Wet Mop Floors WEEKLY El Wet Map'ALL!'floors E] Fumkure dusfing t down) horkontal(Flat Sudate clearing) E] Vertical(flat Surface cleaning) MONTHLY' AgAreas E] Carpet Spot Cleaning vent cleammig 2MLQ2MMA= 29 Page 121 of 604 28. COBB FACILITY CLEANING FREQUENCY CHART(HOURS OF OPERATION, BUILDING USE AND DOOR KEY IDENTIFICATION). ALL CLEANING MUST OCCUR BETWEEN 6 PM AND 7 AM UNLESS NOTED OTHERWISE(*) BELOW. Any suspicious activities or hostile person(s) should be reported immediately to the Boynton Beach Non-Emergency (Dispatch) at 561-742-6035 and then report via email or text: Gail Mootz Moot afl.us—office 561-742-6223. NON-EMERGENCY AFTER-HOUR REPAIRS OR ISSUES CAN BE REPORTED VIA THE PUBLIC WORKS VOICE MAILBOX @ 561-742-6200. NOTE: All Mechanical, Custodial, Park Restrooms, and Facilities Management Office are the M'key. Updated: 01/01/15 BUILDING KEY Building Use Normal Operating Cleaning Frequencies Hours 1913 Schoolhouse Museum Recreational Mon. Staff Only 141 E.Ocean AvenueFacility Tues.-Sat. 10asm-spm Monday-Saturday C Amphitheatre Restrooms (Kid's Restroom Kingdom)(until rlemuliti n) M Building Dawn to Dusk Everyday 141 E.Ocean Avenue Barton Mem.Park Restroom Bldg. Restroom 1110 N.W.51h Street M Buildirmg Dawn to Dusk Everyda Boat Club Park Clubhouse Building B Recreational Mon/Wed/Fri 9am-4 m Monday/Wednesday/Friday 2010 N.Federal Hwy. Facility, Rentals Boat Club Park Restroom Building M Restroom Everyday, 2010 N.Federal Hwy. Building 24 hours/day Including Mid-Day Cleanin City Hall Prox. Office Building Mon.-Fri. 7am-6pm Monday—Friday 3301 Quantum Blvd.,Suite 101 Card Mon.-Fria 7am-5pm Billing/Police Department Sub- Prox. *RESTRICTED Monday—Friday station/Internal Affairs Card Office Building ACCESS: Cleaning 209 N. Seacrest Blvd. should start at 7:00am and be completed by 1:00-m. 24/7 Police Station Office Bldg. *RESTRICTED 2045 High Ridge Road Prox. w/4 Holding ACCESS: Cleaning Monday-Friday Card Cells should start at 7:00am and be completed by 1:00 m. Congress Ave Park Tennis Ctr. Pro Recreational Mon.-Thurs.Sam-912m Shop&Restrooms&Barrier-Free B Facility Friday 8am-5pm Everyday 3111 S.Congress Ave. Sat.&Sun.8am-1 m Ezell Hester Park Community Ctr. Recreational Mon.-Sat. Sam-5pm 1901 N.Scacrest Blvd. B Facility Rentals Monday—Saturday Ezell Hester Park Office & B& Recreational Everyday Restrooms Building by Courts 7707 Facility Sun.-Sat.8am-9pm 1901 N.Seacrest Blvd. Ezell Hester Park Concession/Press Recreational Box Building B Facility Saturday 8am-I Ipm Everyday 1901 N. Seacrest Blvd. 30 Page 122 of 604 —...._. .v._... ... Fire Station#3 Community Room& F _ (Also Office Monday-Wednesday-Friday Public Restrooms Only has Program Driven 3501AN.Congress Ave Prox Building Cards s Fire Station #5 Offices & F (Also Office Mon.-Fri. Monday—Friday Community Room Only has Building 8am-5pm 2080 High Ridge Road Prox ... . . . ��. . Cardst —„ -_ — —1 Galaxy Park Restroom Building M Restroom 461 W.Bo^,nton Bch Blvd. Buildin= Dusk to Dawn Everyday Intracoastal Park Clubhouse including 1" floor building apron Recreational Tue.-Sat. 10am-21sm and tad floor deck B Facility Rentals Monday—Saturday 2240 N.Federal Hai . Intracoastal Park Main Pavilion Restroom Restrooms M Building Dawn to Dusk Everyday 2240 N.Federal H% ). Intracoastal Park Restroom Restroom Building M Building Dawn to Dusk Everyday 2240 N.Federal Hwy. Jaycee Park Restroom Building Restroom Dawn to Dusk 2600 S.Federal Hrv\. M Building Everyday Mon.-Thu.9am-8:30 rim No Key Saturday 9am-5pm Monday-Thursday Library Recreational or Prox Cleaning needs to be and Saturday, 115 N.Federal Hwy. Card Facility Access done between 7am& Including Mid-Day Closing.. Cleaning Dawn to Dusk Everyday Mangrove Park Restroom Building M Restroom 700 N.E.4,h Ave. Building, � Meadows Park Restroom Building M Restroom 4305 N.Congress Ave Building m Everyday Dawn to l Op . Oceanfront Park Headquarters Cade Office Building Dawn to Dusk 6415 N Ocean Blvd,OR3124 Every day _ .......... e.. ........_ u..e........................... Oceanfront Park Restroom Building Restroom Everyday, 6415 N Ocean Blvd,OR M Building Dawn to Dusk Including Mid-Day Cleaninsa Oceanfront Park Pavilion/Changing Rooms M Restroom Dawn to Dusk Everyday 6415 N Ocean Blvd,OR Building *RESTRICTED Monday-Wednesday-Friday Police Substation#2(Old FD2) ACCESS: Cleaning 2210 S.Congress Ave. Prox. Office Building should start by 9:00am Card and be completed by 1:001"m. Palmetto Greens Park Restroom ! Restroom Building M Dawn to Dusk Everyday f 421 N.E. 131 Ave. Building Pence Park Restroom Building M Restroom 400 S.E.511 Ave. Buildinx Dawn to Dusk Everyday Pioneer Canal Park Restroom M Everyday Building Restroom Dawn to Dusk 848 N.W. 13th Ave. Building Pistol Range Offices Mon.-Fri.7am-6pm; >NOTE: BUILDING IS *RESTRICTED ALARMED Prox. Office Building ACCESS: Cleaning Monday-Wednesday-Friday 3501B N.Congress Ave. Card should start by 9:00am and be com1)leted b\ IPM 31 Page 123 of 604 �. - Public Works#1(PW1) A& Monday—Friday �h whse is Office Building Mon.-Fri.6am-5:30pm 222 N.E.9 Ave. 3wAto _ . .__ ..... Public Works#2(PW2) A Office Building Mon.-Sat. Monday—Friday 222 N.E.9 Ave. 6arn-5:30 m Public Works#3(PW3) A Office Building Mon.-Fri.6:30am-5:30pm Monday—Friday 222 N.E.9tI Ave. Sara Sims Parks A Recreational Dawn to Spm ( Everyday 222 N.W.911 Ave. Facility B, Gate Mon.-Fri. Sam-4pMonday—Friday Senior Center 7707, Recreational 1021 S.Federal Hwy. &spec Facility Saturday loam-21am Light Rentals kers Wilson Park— Recreational Mon.-Fri. -91)m Sims Center B Monday—Saturday 225 N.W. 12"'Ave. Facility Rentals Wilson Park— Mon.-Fri. 8am-6om Denson Pool Building B Recreational Saturday 8am-5pm Monday-Saturday 225 N.W. 12"Ave. Facility Rentals Midday Cleaning, Offsite PD office, and 1913 Museum Special Service: mm BUILDINGFre`uencr Descri tion of Service Requested 1913 Schoolhouse „ Once a week on Mondays. Museum *Dust between 9am and 4pm. Dusting of all Museum Exhibits. 141 East Ocean Avenue Library Mid-Day Mon.-Thurs.and Saturday Restroom Cleaning *Clean between 1pm and 3pm. Additional Restroom Cleaning. 115 N.Federal H,% . Oceanfront Park Men's & Women's Mid-Day Sunday-Saturday Additional Restroom Cleaning. Clean *Clean between l2noon and 2pm. 6415 N.Ocean Blvd.,OR Boat Club Park Sunday-Saturday Restroom Building *Clean between l2noon and 2pm. Additional Restroom Cleaning. 2010 N.Federal H Monday and Thursday per Section 27 to 30,Task Schedule Police Sub-Station *Clean between 12noon and 2 gym. gym._...,....................�...�._.........,_._.... ,_—...,—.....�..�........._,.�........... ®_._.w.. 32 Page 124 of 604 Attachment"B" City ofBoynton ®each Risk Management Department INSURANCE ADVISORY FOR Under the terms and conditions of all contracts, leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+"or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS RE[ UIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined 33 Page 125 of 604 CITY OF BOYNTON BEACH BID DOCUMENT CHECKLIST* Initial each Required by required entry Submission Requirement owner and if required submit the item Original and two (2) copies, along with one electronic copy on CD E3 or flash drive of Bid Proposal documents submitted. Bid must be signed by an authorized officer of the company. E3 Acknowledgement of Addenda, if applicable E3 Statement of Bidder's Qualifications submitted 0 Schedule of Subcontractor's submitted 0 Non-collusion Affidavit submitted 0 Anti-Kickback Affidavit submitted E3 Confirmation of Minority Owned Business submitted E3 Confirmation of Drug Free Workplace submitted 0 Acknowledgement of Palm Beach County Inspector General submitted E3 Schedule of Subcontractors Form submitted 0 Local Business Status Certification Form submitted 0 Scrutinized Companies Form submitted E3 Copy of all Business Tax Receipt(s) along with License(s) of all subcontractor(s), if applicable E3 Up-to-date list submitted of current maintenance equipment, including brands and model numbers, if applicable E3 Bid Guarantee, if applicable (with Power of Attorney for full amount of Bid Bond) 0 Listing of anticipated staff with titles and contact information for Supervisory personnel 0 Price Sheets are signed? i 0 Bidder's Site Inspection Confirmation form signed by authorized representative and submitted? *This form need not be submitted. It is provided for bidder's use in assuring compliance with all required documentation. 34 Page 126 of 604 BIDDER ACKNOWLEDGEMENT Submit Bids To: PURCHASING SERVICES 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 Bid Title: "JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID)" Bid Number: 010-2511-19/17 Bid Due: JANUARY 8, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Bidder: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: Vendor Mailing Date: E-Mail Address: _ Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 35 Page 127 of 604 BID NO. 010-2511-19/IT JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID SHEET TO: CITY OF BOYNTON BEACH The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate sheet for each. In accordance with the General Conditions, Special Conditions, Scope of Services and Technical Requirements, the undersigned bidder offers pricing and services as per the Electronic Bid Pricing Sheet attached herewith as Attachment A: Instruction for completing the Electronic Bid Pricing Sheet: 1. Download the Electronic Bid Pricing sheet, in Microsoft Excel format, from DemandStar.com. Respond to this bid by inputting the company's information and the unit pricing into the Excel spreadsheet. The price sheet is formatted. 2. Once the Electronic Bid Pricing Sheet is completed, bidder should save the Excel file. 3. Print the completed Electronic Bid Pricing Sheet; sign and date where indicated. 4. Bidder must submit, in one envelope, the printed signed Electronic Bid Pricing Sheet with the bidder's complete, original bid submission, as well as a complete copy of the bid with electronic bid pricing sheet saved in .xis (Excel) format as per the General Conditions and Special Conditions. 5. If bidder is unable to electronically fill out the Electronic Bid Pricing Sheet with its bid submittal, bidder must submit a hardcopy of the Sheet with handwritten unit prices and extensions. 6. It is the Bidder's responsibility to monitor DemandStar for any issued addenda. Addenda may include revised Electronic Bid Pricing Sheets that will need to be downloaded, properly filled out, and submitted by the Bidder. NAME OF COMPANY: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 36 Page 128 of 604 BID NO. 010-2511-19/IT JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID SHEET (continued) COMPANY NAME NAME OF AUTHORIZED REPRESENTATIVE (PRINT) STREET ADDRESS TITLE CITY, STATE, ZIPCODE E-MAIL ADDRESS TELEPHONE NUMBER AUTHORIZED SIGNATURE THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 37 Page 129 of 604 BIDDER'S QUESTIONNAIRE The signatory of the Statement guarantees the truth and accuracy of all statements and of answers to all questions hereinafter made. Failure to complete and return this Statement, or any false statement therein may render a bid non-responsive at the sole discretion of the City of Boynton Beach.All portions of the Statement must be completed. Bid# Company Name Address Telephone E-mail Address 1. If a corporation,please answer the following: Date of Incorporation: In what state: President's Name: Vice President's Name: Secretary's Name: Treasurer's Name: 2. If a partnership,please answer the following: Date of Organization: General or association? .................... Name and Address of each general partner 3. If neither a corporation nor partnership,please provide the following information: Type of business organization: Date of Organization: Name and Address of each principal: 4. Current State of Florida Certified Contractor's License Number Expiration Date 5. Name of license holder/qualifying agent exactly as it appears on file with the State of Florida's Construction Industry Licensing Board: 6. Current City of Boynton Beach Occupational License Number (if applicable)Expiration Date 7. DUNS# THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 38 Page 130 of 604 8. Federal Employer ID # (FEIN) 9. Are you a Disadvantage Business Enterprise (DBE)or Woman-Owned Business Enterprise (WBE)? Yes ❑No ❑ If yes,provide Certificate. 10. Are you a small business as defined by the SBA? Yes ❑No If yes, number of employees 11.Number of years in business under this name: 12.Number of years in business under other names: 13. How many years' experience in performing the type of work called for in this bid? 14. In what other lines of business do you or your organization or any partners thereof have financial interests? 15.Does your firm have any officer, owner, employee or agent who is also an officer, employee or advisory board member of City of Boynton Beach? Yes ❑No ❑ If yes, you may not submit a bid (see instructions to bidders). 16. Have you or your organization, or any office or partner thereof, failed to complete a contract? Yes ❑No ❑ 17. Has your organization ever been assessed liquidated damages for failing to complete a Contract within the time specified in the Contract Documents? Yes ❑No ❑ 18. Has your organization been assessed any penalties for non-compliance violations of the Federal or State Labor laws and/or regulations within the last five (5)years? Yes ❑No ❑ 19. Does your organization have any outstanding judgments, demands or liens resulting from violating the State Labor laws,the Business and Professions Regulation statutes, Civil or Criminal decisions?Yes ❑No ❑ 20. Have there been any suits, liens or surety claims against you or your organization over the past five (5)years for non-payment of sums due subcontractors or suppliers for work completed?Yes ❑No ❑ 21. Has your organization been cited for violations of OSHA standards and requirements within the past 5 years?Yes ❑No ❑ 22. Is either the Bidder or its principals presently debarred, suspended,proposed for disbarment, declared ineligible or voluntarily excluded from participation in this THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 39 Page 131 of 604 transaction by any Federal department or agency?Yes ❑No ❑ 23. Provide a list of equipment available to perform the work. Attach additional sheets as needed. 24. Provide a list of anticipated staff with titles and contact information for Supervisory personnel.Attach additional sheets as needed. Please explain all questions answered "yes" in questions above on a separate sheet of paper along with this Statement,if necessary. Bidder must provide proof of a minimum of three (3)projects similar to this scope of services performed within the last five years: Project Name, Location Description of Work__ Date of Contract_ Contract Award Amount Contact Person Telephone Number E-mail Address Project Name Location Description of Work Date of Contract Contract Award Amount Contact Person u..r..... ...._._ Telephone Number E-mail Address Project Name_ Location Description of Work Date of Contract Contract Award Amount Contact Person Telephone Number E-mail Address NON COLLUSION AFFIDAVIT OF PRIME BIDDER THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 40 Page 132 of 604 State of County of } being first duly sworn, deposes and says that: 1) He is of (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to before me (Title) This day of , 20 My commission expires THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 41 Page 133 of 604 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME- SIGNATURE Sworn and subscribed before me this day of ,20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 134 of 604 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 135 of 604 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall 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 City of Boynton Beach or by any political subdivision 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 shall 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 shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature 44 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 136 of 604 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor 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 in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: Date: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 45 Page 137 of 604 0 BID No. 010-2811-19/1T—JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES SCHEDULE OF SUB-CONTRACTORS(REBID) The Undersigned Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all sub- contractors shall be property licensed,bondable and shall be required to fumish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-contractors,if required. Name and Address of Sub- Contract Pereentaae(%1 Contractor I Scoff License No.: Amount of Contract Signature Date: Title/Company Owner reserves the right to reject any sub-contractor who has previously failed in the proper performance of an award,or failed to deliver on time contracts in a similar nature,or who is not responsible(financial capability,lack of resources,etc.)to perform under this award.Owner reserves the right to inspect all facilities of any sub-contractor in order to make a determination as to the foregoing. THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 46 Page 138 of 604 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, the - o (Name of officer of company) (Title of officer of company) , located at (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 47 Page 139 of 604 y CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 I, on behalf of certify Print Name and Title Company Name that does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The 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 the 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 Florida Statute§ 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1)Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over$1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name"does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a 48 Page 140 of 604 false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME TITLE 49 Page 141 of 604 STATEMENT OF NO BID, If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid No.: 010-2511-19/17 for "JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID)" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear(explain below) Other(specify below) REMARKS: 50 Page 142 of 604 MANDATORY BIDDER'S SITE INSPECTION CONFIRMATION BID TITLE: JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID NUMBER: 010-2511-19/IT DATE: Before me, the undersigned authority, authorized to take acknowledgements personally appeared: as an authorized representative of: (hereinafter called the bidder) located at and that said bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. BUILDING On-Site City Representative's Signature Date of Visit City Hall Bldg. 3301 Quantum Blvd.,Suite 101 Billing/Police Sub-station/Internal Affairs 209 N. Seacrest Ave Police Department 2045 High Ridge Road 51 Page 143 of 604 6.E. Consent Agenda 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Proposed Resolution No. R22-033-Approve and authorize the City Manager to sign a Notice to Proceed pursuant to the Professional Services Agreement between the City of Boynton Beach and American Traffic Solutions, Inc., d/b/a Verra Mobility ("Verra")for the expansion of the Red Light Traffic Enforcement system. Explanation of Request: Pursuant to the Fifth Amendment of the Professional Services Agreement between the City and Verra Mobility, which the Commission previously approved, the parties may mutually agree to add additional cameras to the System, which must be memorialized in a written Notice to Proceed. The Police Department seeks approval to add Red Light Camera Systems (System) to six(6) additional approaches, which have been analyzed based on traffic volumes, road geometry, and existing infrastructure and are believed to be locations at which a System would increase public safety. How will this affect city programs or services? The City will continue to meet its goal of protecting the citizens of Boynton Beach from the danger created by individuals who run red lights in violation of Florida law. Fiscal Impact: B udgeted This program is funded from Red Light Camera revenue. Alternatives: Strategic Plan: High Performing Organization Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 144 of 604 Type Description D Attachment Presentation D Resolution Resolution approving RLC Notice to Proceed D Agreement Notice To Proceed D Attachment Intersection Data Page 145 of 604 } , 3t i )3 s,.{• t7 b: fl ,}; l,!, x.:71 } ,r � , i s ;2iS 1),...51 f, 1 t I ) I � rt - 1 71 s , s i s I s rr + t 4 � �!• i t s illi l\1£�(f i_, r){13 _}� - - c-# �� f�);�I\��I),r l }is� p i!r , i�l{ g,o t� r UJ x , k t1t ilt t 1 r R .. 0 t R'te• J ! y, O � O u O � " O O " 0 UU LL V t 4 i � J O Q } { Q LU W }� W 4 4 L < W Stl 4 i t}i W 14 V, 10, O w ro N > z U aA � 3} ti t A ro t}{�3a LU TI U �O w CUO C2 W i J Ero + t, f ; 44r 'sit 4 W W 1..� 0 w r 4-j s{ 4-j tE N CU U • „ a—+ CDC ro tri i �+ (3) � "�5 J }� •�� , t i} , � r _ O L ' } a--+ " U 1 t{i r tit �4 G O O Q p p O NO' rl Ln Ln N N M m R3 CU • ® c`� O R* 00 O N L.0 O +' r� ru r� m �6 m 4-J CU e-i 00 r400 0 N to N Ln 0 4- 0 co Ln Nol 00 00 rn 0 00 R3 0 � o o Ln Ln m Ln � rn00 0 Lno .© O U > _� J m Q m Q I.J. > > i i t1AC t1A O O W N N (:�' U m - U V zm z U m > 3 v > > Q� _ = cNia c� cNn 0 � N •� N N N w c �A �A (3) v v O (D O m p LL LLp ('t3 Z COcnz Lu COCO LU co z °cn° N N m Ln r- Cf1 O 0 m o m m m..... m m m 'm m co co co It t is t; i (tt )j t { fi s. 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W W {f ty rt e •F•� 4-J� Mt f t m --+ El Won • •i N , cu t t '7 ys m 0 J ,r O O 0 p U U 00 V) > LU w ua co t , W m m co u� LU z z °" L/) y y y j f }tt r 2t - s 2 t r t iso s tt t t Ij f; } y f t b1 4 its 7 ` t 4 4li _tF tt , St ... � it itis z s � s ti LO } inoCl- `� Ctrs i } r 4 { i tet i 4 r I2 !i_ S li W t I\} !y f }$ N S{S 2 424 } i t i t S 2 � r 4 i i 3s 4 Si t s Xd s 2 � � 4sI dr r }ttx", i t 4 t}tr 4 r� r, tit 4i4 , i 4 2 i t tit �4 4 t2 f l 4„d t i i i I RESOLUTION NO. R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A NOTICE 5 TO PROCEED PURSUANT TO THE PROFESSIONAL SERVICES AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC 7 SOLUTIONS, INC., D/B/A VERRA MOBILITY ("VERRA") FOR THE 8 EXPANSION OF THE RED LIGHT TRAFFIC ENFORCEMENT SYSTEM.; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Police Department seeks approval to add Red Light Camera Systems 13 (System) to six (6) additional approaches, which have been analyzed based on traffic volumes, 14 road geometry, and existing infrastructure and are believed to be locations at which a System 15 would increase public safety; and 16 WHEREAS, the City Commission of the City of Boynton Beach, upon the 17 recommendation of staff, deems it in the best interest of the citizens and residents of the City 18 of Boynton Beach to approve and authorize the City Manager to sign a Notice to Proceed 19 pursuant to the Professional Services Agreement between the City of Boynton Beach and 20 American Traffic Solutions, Inc., d/b/a Verra Mobility ("Verra") for the expansion of the Red 21 Light Traffic Enforcement system. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as being 25 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 26 Section 2. The City Commission of the City of Boynton Beach hereby approves and 27 authorizes the City Manager to sign a Notice to Proceed pursuant to the Professional Services 28 Agreement between the City of Boynton Beach and American Traffic Solutions, Inc., d/b/a S:ACA\RESO\Agreements\RLC Notice to Proceed-Reso.docx Page 153 of 604 29 Verra Mobility ("Verra") for the expansion of the Red Light Traffic Enforcement system. 30 Section 3. That this Resolution shall become effective immediately upon passage. 31 PASSED AND ADOPTED this 15th day of February, 2022. 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 Mayor— Steven B. Grant 37 38 Vice Mayor—Woodrow L. Hay 39 40 Commissioner—Justin Katz 41 42 Commissioner— Christina L. Romelus 43 44 Commissioner—Ty Penserga 45 46 VOTE 47 ATTEST: 48 49 50 51 Crystal Gibson, MMC 52 City Clerk 53 54 55 (Corporate Seal) S:ACA\RESO\Agreements\RLC Notice to Proceed-Reso.docx Page 154 of 604 FORM OF NOTICE TO PROCEED Reference is made to the Professional Services Agreement by and between American Traffic Solutions,Inc., doing business as Verra Mobility ("Verra Mobility") and the City of Boynton Beach, Florida ("Customer"), dated as of August 3, 2009, as amended (the "Agreement"). Capitalized terns used in this Notice to Proceed shall have the meaning given to such term in the Agreement. Customer hereby designates this implementation of Systems at the Approaches listed below which have been selected based on collision history, community safety, and engineering feasibility assessments. Verra Mobility shall make its best efforts to install a System within sixty(60) days of permits being granted and power delivered for each agreed-upon Approach,providing that Customer has received permission for all implementations in writing from any third-party sources. Below is a list of Approaches provided by Customer, which have been analyzed based on traffic volumes, road geometry,and existing infrastructure and are believed to be locations at which a System would increase public safety. Execution of this Notice to Proceed by Customer shall serve as authorization for the installation of Systems for all Approaches designated as follows: Approach Direction&Street Type of Enforcement Camera System Solution EB Woolbright at S. Seacrest Blvd Red light RLC WB Woolbri ht at S. Seacrest Blvd Red light RLC NB S. Seacrest at Woolbri ht Rd Red light RLC WB Bovnton Beach Blvd at NW 8th St Red light RLC NB Con cess Ave at?Miner Rd Red light RLC SB Congress Ave at?Miner Rd Red light RLC Customer understands that implementation and installation of any Approach is subject to Site Selection Analysis and engineering results. CAN,Administration and Police Department, and Vendor, will periodically review installed equipment at selected approaches. The City may request the relocation of a camera,at the Vendor's cost,based upon this review;provided, however,that if the City requests the relocation of a camera fewer than twelve (12) months after the installation of that camera,the City shall bear the cost of such relocation, and if the parties cannot agree on a suitable alternative location the installed equipment may be removed. IN WITNESS WHEREOF,Customer has executed this Notice to Proceed as of the date written below. BOYNTON BEACH,FLORIDA By: Name: Date Title: ACKNOWLEDGED AND AGREED TO BY: AMERICAN TRAFFIC SOLUTIONS,INC. By: Name: Date Title: Page 155 of 604 + 198- 1 s a r � S5 r� e e a c4� O O O r, l(0 r r 01 t i d d ;p 4 t,�� $�' r _ 4 •-r (6 ar rt z 0 Fe g of r — eo {fid w z z t�7 ay . zMIJ Op VIP> c a E 6.F. Consent Agenda 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Approve Task Order UT-313-03 with AECOM in the amount of $52,812.00 for professional engineering services for the Raw Water Transmission Main Repair and Replacement Alternatives Analysis in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category B awarded by City Commission on August 7, 2018, renewed on August 3, 2021. Explanation of Request: The City utilizes the General Consulting Services Contract(RFQ No. 046-2821-17/TP) to support ongoing projects. With Task Order UT-313-03, AECOM will provide professional engineering services for the Raw Water Transmission Main Repair and Replacement Alternatives Analysis. One of the major raw water transmission pipelines for the City is a 36-inch water transmission main located along Woolbright Road which conveys raw water from the western wellfield to the East Water Treatment Plant. The main was recently damaged by a geotechnical firm performing soil borings to support a proposed FDOT roadway improvements project at the 1-95 Interchange at Woolbright Road. The damage occurred when the soil boring punctured a section of the transmission main along the southside of Woolbright Road east of the Lake Worth Drainage District E-4 Canal. The section of transmission main that was damaged is a high density polyethylene (HDPE) pipe located approximately 40 feet below grade that was previously installed by horizontal directional drill. This has resulted in the transmission main being shut down until repairs can be made. AECOM will perform an alternatives analysis to identify potential options to return the pipeline to service, including (1) point repair of the transmission main, (2) lining the section of the main that was damaged, and (3) replacing the entire section of transmission main with a new horizontal directional drill. Based on the findings, a recommended approach for placing the raw water transmission main back in services will be provided. The work performed and the recommendations developed will be summarized in an evaluation report with preliminary construction costs. How will this affect city programs or services? The engineering analysis will provide valuable technical and construction cost information to the City so an informed decision can be made regarding the repair or replacement of the damaged transmission main in order to restore the full raw water supply to the East Water Treatment Plant. Fiscal Impact: Funds for the project are available in the Utilities Cl P account. Alternatives: Do not approve the task order. Strategic Plan: Strategic Plan Application: Page 157 of 604 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Task Order AECOM Task Order Proposal D Agreement Fully Executed Agreement D Attachment Renewal Letter Page 158 of 604 AECOM 561 6843375 tel AECOM 2090 Palm Beach Lakes Blvd Suite 600 West Palm Beach,FL 33409 www.aecom.com February 2, 2022 Mr. Christopher Roschek Engineering Division Manager Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Road Boynton Beach, Florida 33435 Re: City of Boynton each—'Task Order UT- -0 Raw Water Transmission Main Repair/Replacement Alternatives Analysis Dear Mr. Roschek: This proposal constitutes AECOM's scope of services and fee for the Raw Water Transmission Main Repair/Replacement Alternatives Analysis project. AECOM assumes this work will be as a purchase order executed under the renewed agreement between the City of Boynton Beach and AECOM Technical Services, Inc. for General Consulting Services Scope B — Infrastructure Improvements and Evaluations dated August 3, 2021. Attached is our scope of services and fee for your review and approval. We are excited to be working with you on this very important project. Should you have any questions or need any additional information concerning this scope and fee, please contact me or David Wilcox, PE at 813-765-9829. Sincerely, Karen Brandon, PE Associate Vice President E: karen.brandon@aecom.com Enclosures Page 159 of 604 AECOM TASK ORDER#UT-3B-03 February 1, 2022 SCOPE OF SERVICES AND FEE PROPOSAL CITY OF BOYNTON BEACH Raw Water Transmission Main Repair/Replacement Alternatives Analysis Introduction One of the major raw water conveyance pipelines forte City is a 36-inch water transmission main (WTM) located along Woolbright Road which conveys water from the western wellfields tot East Water Treatment Plant. This main was recently damaged by a geotechnical firm attempting to obtain soils samples to support a proposed P roadway improvements project at the 1-95 Interchange at Woolbright Road. The damage occurred when the drill punctured through a section of the WTM to the lout side of Woolbright Road near the bridge crossing of the Lake Worth Drainage District E-4 canal. The section of main damaged was HDPE pipe located approximately 40-feet below grade that was installed by horizontal directional drill (HDD). This has resulted in the WTM being shut down until repairs can be made. The City has requested a proposal from AECOM to identify potential options to return the pipeline to service including point repairing the WTM, lining the section of WTM installed by HDD or replacing the entire 2,500 If section of WTM installed by HDD. AECOM will develop a series of alternatives that will achieve the project goals and will provide preliminary construction cost estimates and advantages/disadvantages for each alternative. Based on the findings, a recommended approach for placing the WTM back in service will be provided. The or performed and the recommendations developed will be summarized in an evaluation report Task 1® Project Management Project Management activities comprise contract administration, coordination of project to monitoring of progress and project costs, monthly reporting of project progress to the City, and maintaining a project Quality Management System during the engineering design phase of the project. AECOM will utilize the City's e-Builder website for the submittal of deliverables and invoices. Task 2- Impacts of Roadway Improvements on Existing WTM The first task will be to determine whether the existing WTM will need to be relocated to accommodate the proposed FDOT roadway improvements along Woolbright Road. If the WTM must be relocated as part of the roadway project, there is no reason to pAproposal\2022 proposaiskboynton beach 36 in wrn repaiAboynton beach wtm repair alternatives rev2—kb,docx Page 160 of 604 ASCOM evaluate costly repair options for the existing WTM, unless the roadway construction completion schedule is too far in the future fort main to be out of service. To perform this task, preliminary design drawings for the roadway improvements project will be obtained from the MOT as well as available information regarding the HDD installation of the WTM. Based on a review of the drawings and proposed meetings conducted with P and their design consultant, AECOM will establish wheCher the existing WTIVI can remain in place or must be relocated as part of the roadway project. If the in can remain in place, alternatives for its repair will be evaluated. If the main must be relocated, AECOM will focus on developing a conceptual design and preliminary construction costs for its relocation. Task 3- Repair/Replacement Alternatives Task 3.1 Repair Alternatives Provided the proposed roadway improvements design does not require that the existing WTM be relocated, AECOM will evaluate alternatives for repairing the main. These alternatives will consist of the following: 1) Point repair of the damaged WTM. This will consist of a deep sheeted and dewatered excavation around the damaged pipe section and the placement of a repair clamp around the damaged pipe. It will also include pipe "pigging" to remove dirt and grout that may have entered the main when the soil boring location was sealed with grout. 2) Slip lining of the existing pipeline. This will include traditional slip lining and "swage" type close fit HDPE lining both of which will result in a reduction in pipeline inside diameter for the HDID section of the WTM. This approach will also require pipe pigging for soil and grout removal. AECOM will perform a limited hydraulic analysis of the lined WTM to provide the City with an understanding of the impacts that a reduced inside diameter will have in terms of system pressures. It is assumed that the City will provide AECOM with current and future flow rates through the WTM system for use in the limited hydraulic analysis. Task 3.2 WTM Replacemen Another approach that will be evaluated will be to replace the entire 2,500 If section of HDPE WTM with a new HIDD installation on a new alignment. This conceptual design would take into account avoiding the piling design oft existing bridge crossing the E-4 canal and would also consider any improvements or new pilings that may be contemplated by the proposed FDOT roadway project. The proposed HDPE pipeline would maintain an inside diameter of 36-inches consistent with the existing WTM. A preliminary construction cost estimate will be provided along with any easement acquisition that may be needed. pAproposaK2022 proposals%boynton beach 36 in wrn repairkboynton beach vArn repair alternatives rev2—kb.docx Page 161 of 604 AECOM Task 4-Summary Report The work performed in Tasks 1 and 2 will be summarized in an engineering evaluation report. For each alternative evaluated, the advantages and disadvantages will be identified, and a preliminary construction cost estimate provided. Using this information, a recommendation for repairing or replacing the existing WTM will be provided. A draft version oft report will be provided tote City for review and comments. Once comments are received, a review meeting will be held to address the comments. Based on the results of the review meeting, the draft report will be finalized. Project Deliverables 1) Draft and Final Report evaluation options for repairing or replacing the damaged in. Report will include a comparative analysis of options as well as preliminary construction costs. Task No. Task Name Fee Schedule-from -"- Project Management Tw NTP 1 $4,360 elve weeks 2 Impacts of Roadway $10,928 Two weeks Improvements on Existing WTIVI 3 Repair/Replacement Alternatives $17,100 Six weeks 4 Summary Report (Final) $19,924 Twelve weeks Reimbursables $500 Total $52,812 pAproposal\2022 proposals\boynton beach 36 in wrn repair\boynton beach wtrn repair alternatives rev2—kb.docx Page 162 of 604 Boynton Beach RW TM Repair Evaluation Fee Estimate Detail 1/31/2022 Principal Sr Engineer Engineer CledeaVAdmin $236.00 fir $177.00 Mr $120.00 /hr $76.00 fir Totals Billable Billable able BillableIe TASK Hours Labor Hours Labor Hours Labor HoursLabor Hours Labor Task 1-Pr.,ject Management 16 $3760 0 $0 0 $0 8 $600 24 $4,360 Task -Impacts from RcadT iy ITrp,owments 8 $1,880 24 $4,248 40 $4,800 0 $0 72 $10,928 Task 3-Reir,ir/ReplacemerdAterna6wsAnal i 12 $2,820 40 $7080 60 $7200 0 $0 112 $17,100 Task4-Summary Report 16 $3,760 32 $5664 80 $9600 12 $900 140 $19,924 $0 $0 $0 0 $0 0 $0 $0 $0 $0 $0 0 $0 $0 $01 01 Sol $0 0 $0 Labor Total 62 $12,220 $1fi,992 180 $21,600 20 $1.500 348 $52,312 Billable Labor. $ 62,312 expenses $ SW Total: $ 62,812 PAPropmM2022 Proposes\Boynton 13—h 36 in WM Rehr\Bttynton Bt—h RWTM_KB.zk Page 163 of 604 AECOM C-Ity of Boynton Beach Rvv,rM Repair/Replacement Evaluation MONTH I MONTH 2 MONTH 3 Task 1 -, Project Manageme,nt Task 2 - Impacts of Roadway E E Improvements Task 3 - Repair/Replacemen't Alternatives Evaluation Task 4a - Summary Report Draft 'Task 4b - Summary Report Final Page 164 of 604 5F hereinafterGENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' Is entered into between the Cky of Boynton Beach, referred to as The CIT)r, and AECOM TECHNICAL , INC., hereinafter referred to as othe CONSIULTANr, ' 1 benefits, terms, and conditions ' . WHEREAS, pursuant to ® n 287.055. Florida Statutes, the Consultants! Competitive Negotiation Act,Me CITrS Procurement Code.the City of Boynton Beach solicited r professional consulting services from qualified engirawftrequired WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for Me Coy of Boynton Beach, RFQ No. 1-1 ;and WHEREAS, the City Commission designated CONSULTANT as one of wNeral qualffied GeneralconsuEng firms to provide Consuffing services to the CITY: and THEREFORE, in consideration of the mutual covenants expressed herein. the parties agree as follows: 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task duringorders, at the request of the CITY Agreement, including of all labor, materials,equipment to in conjunction with: Scope Category A Watw I nd Operations Scope Category Evaluation Inhatructum Improvernerds and Evaluations TransportationScope Cate"C Ancillary Studies and ServicesScope Cobs"D Scope CatsgM E Archilectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILME8 . .9 : The CONSULTANT agrees to perform work asaigned by Task Order(s) under such terms as ad forth In the Task y.The terms of the Task Order(s)shall be supplemental to the terms of this Agreement 1.2.2 The CONSULTANTis r defacts-in ft work and in the work-of Is u '. V.5 CLEAN MNAL Page 165 of 604 1.13 PRELIMINARY SERVICES PHASE: The CONSULTANT shall p"re preliminary studles and reports, feasibility studies, financial and fiscal studles. antl evaluation of westing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construcdon Cost and shall oonsuft and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and prcMde the CITY with a time schedule which shall® but not be limited to vibmittal of all mikWonee related to the pmject up to delivery of 1001% construction documents. 1. A l During the preliminary services phase,the CONSULTANTshola&lse the CITY, besed on CONSULTANTS Weliessional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of eAsting data and its suitability for the Intended purposes of the proje&4 CONSULTANT to obtain data from other sources, Identify and analyze requirements of governmental authorRies having jurisdiction to approve the design of ft project;provide anallym of the WfIrS needs for surveys, perform site evaluations and comparative aMW9 of prospective site and solutions;and prepare and furnish a report to the City setting forth Me CONSULTANT'S findings and recommendations. 1.2A.1 Providing any type of"property surveys or related engineering seryloes needed for the transfer of Interests in reW property, and laid surveys for design purposes and engineeding surveys and staking to enable Contractor to proceed witti their work, and proMing other special field surveys, 1.Z42 Preliminary design services to be performed by the CONSULTANT shall Include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary deeign documerft consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic draurings when appropriate. Up to six (6) copies of the preliminary design documents shall be fumished to the CrTY, the exact number needed shall be determined by the CITY. 1.2A.3 CONSULTANT shall provide environmental assessment and impact statements as required to detennine the suitability of the ske and Its surrounds for the proposed pmIed,andfor 1.2.4.4 Upon euthortEation of the CITY, the CONSULTANT VAII provide advice and assistance relating to operation and maintenance of ProJect or other systems; evaluate and report on operations-, assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist Boyntm BePA Ufflics-Cenwd Comulbog semon C-2 V.5 CLEAN ONAL Page 166 of 604 with startup and operator training for newly Installed or modified equI pment and processes, and in the preparation-of operating, maintenance® stalfing manuals for the project. ® , BASIC SERVICES:The CONSULTANT shall consult and advise the CITY in the following manner. specifying the odent and scope of the work to be perforrned, prepare detailed construction drawings and specifications; revise and ® where necessary, previously designed construction plans and specifications, whether In whole or In part to be incorporated Into the proposed work and prepare corntruction documents and final estimate of probable Construction Cost. The final design services shall be provided In an electronic format and shall also Include fumishing up to six (a) copies of plans and specifications to the ClTr, the exxwt number needed shall be determined by the CrrY. 1® . Final design services shall also include preparation of permit applications as may be required by such agencles.as have legal retriew authority over the project. These applications shag Include but not be linitted to sle plan approvals or other permits and work efibrIs and shall also consist of meetings at stall'level and meetings with the appropriate governing body and the CrrY.' Unless specifically provided for under the finall design ® pormit application services do not Include applicattons requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits, 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by ths CITY,design development documents consisting of drawings and other documents to fix and describe the Was and character of each pmlect's l engineering, environmental, landscape, amfilectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The OONSULTAwr shall also advise the CITY of any adjustments to the preliminary eslimede of probable Construction Costs. 1.2-6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the ary. The Construction Documents. shall consist of drawings and speacaflons .sWn,g forth In detail the requirements for the construction of the rmoJerct 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal Information and forms. 1.2.6.4 This CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs Indicated by changes in codes, administrative and Jurisdictional requirements BoynWn Bea&lMffias-Genend Canadfing Smims C-3 V.5 CLEAN FINAL Page 167 of 604 of general market conditions. 1.2.&5 The CONSULTANT shall submit to the CITY for each project, alectrunic fonnat and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction CosL 1.2.6.6 CONSULTANT shall Include In the Construction Documents a requirement that the construction contractor shall provide a final as-buik survey of the project in Autocad elecironic format by a regWered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deriver to the CITY the record drautings; in the form required by the CITY and as required. 1.2.67 Prior to final approval of the Construction Documents by,the CITY, the CONSULTANT shall conduct a thorough review and quardy control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1. . ittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work Is property coordinated and confirm that the CITY and agency commerft have been addressed and incorporated Into the Contract Documents. The CONSULTANT shall pr&Ade to the CrrY a Quality Assurance and Quality Control plan in a format that adviess the CITY that all work has been performed as required. A report shall be submitted in accordance wfth those Mandards to appflse'the CITY that due cafe has been taken in the prepairation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signtry responsibility for the Contract Documents including technical speelfications and draorings prepared pursuantto this Agreement by aWDdng a signature,date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of Is governing lam, rules, regulations, codes, directives and other applI cable federal,state and local requirements in preparation of the worK 1.2.7 The CONSULTANT sholl provide the construction documents, technical specifications and drawings completed in accordance Wth generally accepted proliassional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the C11YS approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorbred by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. Boynton Bea&Mines-Ga=W ConsWft Smim C-4 V.5 CLEAN FINAL Page 168 of 604 1.2.&1 The CONSULTANT shall review and analyze ft proposals received by Me CITY and shall make a recommendation for any amid based on the CITYS Procurernent Administratilve Policy I_ `4. . . Any Opinion of the Constmetion Cost prepared by CONSULTANT represents bjudgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULl over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost tot CITY.If the pruject is not advertised for pmposals w!Wn three(3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- vAde prices have changed because of unusual or unanticipated events affecting the general level of prices or times of delivery in the construction inclustry,the established Construction Cost limit may be aclusted as determined by the CITYS Repnmwftftve and as approved by the CITY, if neomary. Additionally, If the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans,the CONSULTANT shall not be responsible for any redesign without.compensation which shall be mutually agreed to by the parties hereto. 1.2.83 The CONSULTANT shall provide Me CITY with a list of recommended prospective bidders. - 1. The CONSULTANT shall attend all pre-proposellper-bid conferences. 1.2.&6 The CONSULTANT shall recommend any addends,through the CITY'S representative as approprMe, to clarify, correct, or change proposal documents. 1.2.8.6 if Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid ftwo-%Step bid process), CONSULTANT'shall assist ft CITY, if requeeled in developing qualifications criteria, review qualifications and recommend acceptance or reoclion of the bidders. 1.2.8.7 If requested, CONSULTANT shall -evaluate proposals and bidders,and make recommendations regarding any award by the CITY, 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other rnafters mWing to the inacudon and progress of the Work after receiving a recommendadon trom Me CONSULTANT, The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking contionnance wM the concept of the project and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submMed by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT vAR neither have Boynton Beach Utiffies-Gan=1 Cansufting SWWM C4 V.5 CLEAN FINAL Page 169 of 604 control over or charge ref® nor be responsible for. The construction means, methodsA techniques. sequences, or procedures, or for the safety pre-cautions and programs in connection with the construction of the assigned task order projects, 1.Z9.1 The CITY shall maintain a record of all change orders which shall be categofized to the various types, causes. do. that may be determined useful and necessary for Its purpose. 129.2 ff- the CONSULTANT Is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovay of any archilaciturallbrigineering arror or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Conti-actor. 1. .1 The CONSULTANT shall carefully review and examine the Contractoes schedule of values, together with any supporting documentation. The purpose of such review and examination YAII be to protect the CITY ftm an unbalanced schedule of values which allocates greater value to certain elements of each project then is indicated by Industry standards,supporting documentafti, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documerfttion. After making such examination, when the schedule of vakm is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constMAe a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.116 wResident Project Services" of this Agreement 'rho CONSULTANT'S. observation shall determine the progress of the work empleted, and whether the work is proceeding in a mannor indicating that the*mrk when fully cornpeted vAll be in accordance with ft Construction Documents. On the basis of site vIsft,the CONSULTANT will provide the CITY with a written report of each site wish in.order to masonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall entleavor to identify for the CITY any defects and deficiencies In the work of contractors,and make written recornmeridation to the CITY where the work faft to conflorm to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods,techniques,sequences or procedures. or for safety promotions and programs In connection with the Work, nor shall the CONSULTANT be responsible for the Coneactor's failure to perform the Work In accordance vAth the requirements of the Contract Document& The CONSULTANT shall not how control over or chaW of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing porflons of the Work. Basecl on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Bminion Bewh Ublibm-Ganard Consuffing Scmew G-6 V.5 CLEAN FINAL Page 170 of 604 Contractor and shall Mue Certificates for Payment in such amount These Certificates Wil corvftAe a representation to the CITY based on such obsenrations and the data compftng the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of Its inflonnallon arid belief, based on what ft observation have nwealed; the Work ® In accordance with the Construction Docurnerits. The CONSULTANT shall oonduck observations to detennine the dates of substantial and final' completion and Issue a recommendation for final payment. 12.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad 11brmats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site b6monthly or as otherwise determined based on a specific need estabI'shed prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CIIYS approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior Written approval by the CITY. 1.2.15 Each projeds, construction or demolition shall be considered oomplete upon compilation of a punchlist by CONSULTANT,.which shall be timely completed by Contractor to ft satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of lions are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the:ode discretion of the CITY. 1.2.18 RESIDENT PROJECT SERVICES: During the Construction progress of any worK the CONSULTANT will If authorized by the CITY, provide resident project obsenration services to be performed by one or more suftrWW employees fReeldent Project RepresentativaF) of the CONSULTANT. Resident Project Representatives shall provide extensive observation savloes at ft project silo during construction. The Resident Project Representative will endeavor to identify for the CITY any defar;ts and deficiencies in the work of the Contritclor(s). .Resident project observation services shall include but is not limbo to the WoWng-- • Conducting all pre-crinstruction oonferenoer, • Conducting all necessary construction progress meetings; • Observation of the work in progress to the extent authriftedl by the CAW, • Recelpt, review coordination and disbursement of shop dravAngs and other submittals; • Maintenance and preparation of progress reportr. Boyntm Bawh udlifies-GMWW comuffing smices W V,5 CLEAN MNAL Page 171 of 604 Field r rt of quantities of equipmentn materials installed; n r complianceI I € ; Maintenance n a current basisII druielngs, rpt j related documents, arid at the p completion deliverI[ such records 4 CITY; Preparation, distribution of a project budget with each schedule,project 0 Notification to the CITY immediately ih project schedule or each project budget will not be met-, Scheduling and conducting monthly progress mestings at which CITY, Englihear, general coWactor,trade cordractm utilitiesrepresentatives, suppliem can jointlyt progress, problems and scheduling. Recommending r and enforcingby the CITY, irected by the CITY, i1and/or meetingare not r ns, specifications, and Construction Contract 4P Devetopment and Implementation of a systern fbr the preparation, rewilew, and processing Maintenance [ log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information Contractors!work and the percentage of completion; Determination u I and final completion of work preparationlist of Incomplete and unsedefectM items, schedule of itI ' and * Securing and • CITY, rpt P releases-, key manuals,record dramAngs; and maintenance -, The l t Project Representative shall also investigate complaints and1 occurrences that may affect the responsibility the CONSULTANT r the CITYin connection with the work. TheResident Project I[ be a person acceptable , and the CITY shWI have the right to employnn 1 progress,provided homver that such personnel as anployedCITY, and II be responsible directlyIn performancet the CONSULTANT. 1 not have control over r charge of, or responsibility for the construction , methods, techniques, sequences or procedures, or for saf* Precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractors the Work in i the . The Resident Project Representative [Int have control over or charge of. shalland not be responsibler omissions of the Contactor or of any other persons or entities performingportions Although CONSULTANT Int be reaponsible for health or safety . 5 CLEAN FINAL Page 172 of 604 programs or precautions related to CITY's activities or those of CITY's other cordractors and consultants or it respective subcontract= and vendors (wContraratorsl CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANTS employees or representatives, CONSULTANT shall not be responsible. for CITY's pre-exisling site condftions or the aggravation of those promristing oft conditions to the eodent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for Inspecting, observing,or correcting heafth or salisty conditions or deficiencies of CITY, Contractors or others at project site Cl3roject Sftea) other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1. .1 When additional services are necessary they shall be speeffied in the written Task Order. Examples of additional(not exclusive)services are: 6 Preparation of applicatiorts and supporting docurnents for private or governmentaI grants, loans or advances in connection With any particular project. * Services to make measured drawings of or to investigate e3risting conditions or facilities, or to vedy the accuracy of drawings or other information fumished by or to the CITY. * Services resulting from significant changes in the general scope,extent or character of any particular project or Its design including but not limited to, changes in size, complexIty.the CnfS schedule, character of constrriction or rmAhod of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to lam, rules, regulations, ordinances, codes or ordem enacted subsequent to the preparation of such studies, reports or documents, or are due to any oftr causes beyond the CONSULTAKMS control. * Providing renderings or models lor the CITTS use. * Preparing documerft for alternate Proposals requested by the CITY for work that is rot executed for documents for o"-sequence work, * Investigations and studies involving but not limited to. ® considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of twisibiltly studies; cash law and economic evaluations, rate schodulas and appraisals; assistance In obtaining financing for a project evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detakd quantity surveys of material, equipment and labor, arx! audits or Inventories required'in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal prolests,re-bidding or re-negodating contracts 1br coneWcUon, materials, equipment or services,unlems the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT(e.g. detective plans and/or specMestions, which inhibit contractors from submitting BqjMon Bewh Ufflibes-Owmal Consuldn Semicw C-9 V.5 CLEAN FINAL Page 173 of 604 proposals) in which event there shall be no additional cost for the provision of such services. 0 Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceedIng. 0 Additional services in connection with a project not otherwise provided in this Agreement * Services in connection with a prqJect not otherwise provided for in this Agreement + Services in connection with a told order or change order requested by the CITY. * Providing arbwork, models, or renderings as requested by the CITY. 1.3.2 When required by'ft Construction Contract documents in circumstances beyond the CONSULTANrs control, and upon the CITYS authorization, It vAll furnish the following additional services. * Services in connection with work changes necessitated by unforeseen conditions encountered during construction. * Services after the mard of each contract in evaluating and determining the acceptability of an unreasonable or emessWe number of claims submitted by Contractor, except to the Went such claims are caused by the errors or omissions of the CONSULTANT. * Additional or extended services during construction made necessary by 1) work damaged by fire or o#w cause during construction, 2) a significant amount of defactive or negligent work of any contractor, 3) acceleration of Me progress whorllulie involving services beyond normal workI ng hours, or 4) default by any contractor, provided however, If a fire occurs as a direct result of errors or omissions In the design by the CONSULTANT or if the CONSULTANT falls to noffy the Contnictor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documerft the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such'. 4� Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. * Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and Involving methods of construction, materI als, or major projeWt components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Cordractor,.and this requirement shall be Included in the construction contracL * Services inmalcing revisions to draviings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a desUn error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT,the cost of such services shall be home by the Contractor,and this requirement shall be included in the construction contract. BOYItDn Bmch Utilities-Gwas)(3mmkLug Serview C-10 V.5 CLEAN FINAL Page 174 of 604 1.4 WrS RESPONSfBILMES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1AA.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s)shall have complete authority to transmit Instructions and receive Mrmation with respect to the CONSULTANrs services for a particular project. The CITY may have multiple CITY Representaitive(e)or project managers during the peribrrnance of this AGREEMENT based on the specific task ordersWiten task orders from each of the Scope Categories. 1.4.1.2 Pravide all critais and full Mirmation as to the CITYS requirements for the Project, Including design objectives and constraints, space, capacity and performance requirements, flodbility and expandability, and any budgetary limitations. 1.4-1.3 Assist the CONSULTANT by providing at the CONSULTANTS request al available Information pertinent to the"ad including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, V required fbr the performance af CONSULTAkrs senrion(exwt where otherwise furnished by the CONSULTANT as Additional Services),the follovying: 1.4.1.5 Data prepared by, or services of others, Including without limitations borings, probings and subsurface explorations, hydrographI c surveys, laboratory tests and inspection of swriples, materials and equipment; 1.4.1.6 Appropriate proftsionall interpretations of all of the foregoing; 1.4.1.7 Environmental assesarnent and impad statements; 1.4A.8 Property, boundary, easement right-of-way, topographic and utlity surveys-, 1.4.1.9 Property descriptions; 1.4.1.10 Zoning. deed and other land use restrictions, 1.4.1.11 Approval and permits required in the CITYS, judedicuon and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT;and 1.4.1.12 Arrange I&access to make all provisions for the CONSULTANT to enter upon the CITYS property ps required fbr ft CONSULTANT to perform seivices under this Agreement. 1.4.1.13 Consistent with the prolbasional standard af care and unless otherwise spedficaly provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluatIon. BoynWn Bmch Uffiffies-Genaul CmmAflr*Serview C-1 I V.5 MEAN FINAL Page 175 of 604 1.5 SEQUENCE OF EVENTS 1.5.1 Following reoelpt of any task oftlerhvdfien task order, the CONSULTANT shaNI submit to the CITY, at least five (6) days prior to actual commencement of services, a schedule of services and expenses for approvaC by thocnY Were any swvIces commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task ordem YAII be Issued to the CONSULTANT in the order in which the CITY wishes. and shell be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the fimelablee for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement 1.&3 Proposals received by CONSULTANT as a result of task orderAwltien task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with ft CITYS Procurement Administrative Policy. 1.5.4 When the CITY Issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the neglig6rit enm or omissions of CONSULTANTfallure of -the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions Will be reviewed upon request for eAenuafing circumstances. 1.6.5 It is anticipated and intended that the CONSULTANT will be authorized to begin row task orders on a wrolling" basis. as some already assigned task orders near fim*completion. If a subsequent Task Order is issued to the CONSULTANT beftre it has completed the current took order, the compI etion date for each Task Order will remain Independent of each other so that the CONSULTANT will prbritim the uncompleted Task Order from the first Task Order and finish as soon aspracticall. Failure to complete the "alderm task orders In a timely manner, may adversely impact upon continued early authorbration to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for exbonuating circumstances vMIch may have been granted, a written notice of Default will be Issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said delault, to the CONSULTANT and payment for services rendered shall be, withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CON8ULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any turther task orders untiI such time as it " no longer in ddault, and the CONSULTANT has demonstrated to the CITYS satisfaction,the masons for tardy completion Boyntm Beach Uffifies-Ganand 0muffing Services C-12 V.5 CLEAN FINAL Page 176 of 604 ham been addressed and are not likely to be repeated In subsequent task orders. This restricted issuance prufton may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work,orto arW compensation associated with these non4ssued task ordem due to the CONSULTANT being rendered in defaulL 1.5.8 Should the CONSULTANT remain in delault for a pedod of f9teen (15) consecutive calendar days beyond the time tame provided in Paragraph 1.5.6 the C17Y may at Its sole option retain another CONSULTANT to peftm any work arising out of this Agreement andfor terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.8.1. An event of default shall mean a material breach of this Agreement Without lirriffing the generality of the foregoing and in addition to those Instances referred to as a material breach,an went of default shall Include thelbilowint g: 4- CONSULTANT has not performed services on a timely basis due to CONSULTANTS negligent onus or ornimsIons'; * CONSULTANT has refined or failed to supply enough properly skilled personnel; * CONSULTANT has tailed to make prornpt paymenti to SUB- CONSULTANTS or suppliers for any servioes after reosiving payment from the CITY for such services or supplies; * CONSULTANT has faded to obtain the approval of the CITY where required by this Agreement; * CONSULTANT has-refused or failed to provide the services as defined in this Agreement * CONSULTANT has filed bankruptcy or any other such Insolvency proceeding and the serne is not discharged within ninety (90) days of sUch date. * CITY has tailed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In td6 event of Deftult the CONSULTANT shall be liable for all damages resulting from the Default including: * The differance between the amount that has been paid -to the CONSULTANT. and the amount required to complete the CONSULTANT'S work, provided the fees by the firfn replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S ratem This amount shall also include procurement and administrative costs Incurred by the CITY. * In the event of default by the City, CONSULTANT may suspend the Work pending receipt-of such paymard. BuynWn B=h Ufiff&s-GeneW Comahing SwWcm V5 C%EAN FINAL C-13 Page 177 of 604 1.&& The CITY may take advantage of each and every remedy specifically existing at low orIn equity. Each and every remedy shall be In addition to every offw remedy given or oftisfise existing,and may be emmieW from time to firne and as often and in such order as may be deemed expedient by the CITY. The exardso or the beginning of the exercise of one remedy shall not be deemed to be a walver of the right to exerclas any other remedy. The CWS rights and remedies as set farm in this Agreement are not exclusive and are in addition to any other rights and romWies; available to the CITY in Law or in equity. ARTICLE 2 MOM 2.1 The Initial Contract added shall be for an initial two(2)years, commencing at the executI on of the conbv4 and the City reserves the right to unilateirally renew the contract for three (3) additional one (1) year periods order the same terms, condifion& The CONSULTANT understands and acknowledges that the Sernoes to be performed during The two(2)year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT, 2.2 In the event that services are scheduled to and either by contract expiration or by termination by the CITY (at the CITIrS discretion), the CONSULTANT shall continue the sefvkxW I requested by the CITY, or unfil task or tasks Ware completed.At no time anal this transitional period extend more than one-hundred and eighty(180)calendar days beyond the eViration date of the wMng contract. The CONSULTANT Mil be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3-MM_E0F PERFORIMIMICE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide al work product required pursuant to this Contract and the specific tasir order by the Sequence of ® or urdess an extension of time is granted in writing by the CITY. ARTICLE 4-EAYMENT 4.1 The CONSULTANT"I be paid by the CITY for completed work and for services rendered under this agreement as follows: 6 Payment for the work provided by CONSULTANT shall be made In accordance with the Fee Schedule as provided in EKhlb1t W attached hereto. - Payment as provided in this Section shall be full compensation for work performed,services rendered and for all materials,supplies,equipment and incidentals necessary to cornplobs the work Compensation 1br sub-CONSULTANTS will be negofiated based on each task order. Compensation vAll be through a direct mark-up in BoyaWn Bmch UWUes-Ccoakl Cansubmg Savices V.5 CLFAN FINAL C-14 Page 178 of 604 accordance with the Schedule of Professional Fees,attached hereto. Sub-consuffing services shall be approved by the CITYS representative prior to performance of the sub-consulfing work. Consulting time for processing and management of the sub- CONSULTANT sholl not be included in direct costs as the direct mark- up ® applied for management effortL * The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work fbr partial payment fbr project completed to ® Such vouchers will be vedfied by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in to amount approved. * In certain cases where imemental billing for partially completed Work is permitted by the CITYS representative, the total Incremental billings shaII not exceed the percentage of estimated completion of Identifiable deliverables or accepted deliverables as of the billing date, * Computation of Time ChargesfNot-to-E=eed Method crf Payment: Men a service is to be compensated based on Erne chargelnot4o- exceed method, the CONSULTANT shall submit a not-to-s=eed proposal to tho CITIrS representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established houdy fates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in wames of the total not-to-exceed cost arnount. 4* Final payment of arry baWnce due the CONSULTANT of the total contract price eamed Mi be'mads promptly upon Its ascertainment and verificatI on by the CITY after the completion of the Work under this Agreement and Its acceptance by the CITY, wtdch shall 'occur no later than 30 days following receipt of the invoice. 4- ERnal Invoice. In order for both parties herein to close their books and records, the CONSULTANT will clearly state Ifingi hWI on the CONSULTAW!"S finslAast billing to the CITY. The final I lee certifies that all services have been property performed and all charges and costs have been Invoiced to the WY. Since this account will thereupon be closed, and any other flurther charges 9 not propedy included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs fbr subsequent years and any ex*wion to'rms shall be sublect to an adjustment if only increases incur in the industry. However, unless Vft unusual and significant changes have occurred in the industry, such Increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI- i l) -ional) as published by the Bureau of Labor Slatisfics, U.S. Boyrdon Bumh Whim-0eneral C=Wfing Services V.5 CLEAN MAL C-16 Page 179 of 604 Department Labor. The yearly Increase, or decrease in ft OPI it be the latest index published and available ninety(W)dep prior to the end of the contract year then in ~ compared to the index for the same month one (1)year prior. Any requested cost Increase shag be fuI ly documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved coal adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to recelve from the CONSULTANT. a reasonable reduction in costs 1hat reflect such changes in the industry. 0 The CITY may after warnination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive,or decreases are considered to be insufficient In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY,the Contract may be canceled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICILE 6-QWNfRAHIfIll AhIQ USE OF UMENTS 5.1 Upon completion at the project and fined payment to CONSULTANT, all documents, droMirigs, specifications and other materials produced by the CONSULTANT in connedlon win the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Nolwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permfted to retain copies, Including reproducible coples. of drawings and specirications for in1brination, reftrence and use In connection with CONSULTANTS andeavom. Any use of the documents lbr purposes oftw than as originally Mended by this Contract, vWthOLit the written consent of CONSULTANT,shall be at the CUYS sole risk and without WNW to CONSULTANT arW CONSLILTANrS sub-CONSULTANTS, ARTICLE 6-FUNDING 6.1 This Contract shall rnaln in full force and effect only as long as the expenditures provided in the Contract haw been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7- KTIES AND REPRESENTATIONS 7,11 CONSULTANT representsand warrants to the CITY that Nis competeritto engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionaft to all migned projects during the term of this Contract. CONSULTANTS services shall meet a standard of care ldr professional engineering and related services equal to the standard of care fbr engineering professional precIticing under similar conditions. In submilting He response to the RFQ, CONSULTANT has represented to CITY that certain indWusis employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY BoyaWn Beach Udiffies®Ganoul Comulting Smvicas V.5 CLE"FINAL C-116 Page 180 of 604 has relied upon such representations. Therdbre.CONSULTANT shall not change the designated Project Manager for any prefect without the advance written approvaI of the CITY,which consent"I not be unreasonably withhold. ARTICLE 0-gQMeLZKgJ_W_MdJA= &I CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply vft all federal, shite and local laws, ordinances and regulalions that sire applicable to the services to be rendered under this Contract shall review and comply with laws, regulations,codes and'standards in efflect as of the dide of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by govemmertal authorities having jurisdiction over the project, Should changes In any law, ordinance, or regulation result in increased costs or delays to services rendered,both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9-IN E NIF Q 9.1 Subject.to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnily, and hold harmless-the CITY, Its offices, agents and employees, from and against arry and all losses, or any portion thereof, including reasonable attomeys4ses,and costs,arising from injury or death to persons,irecluding injuries, sickness, disease or death to CONSULTANrS own employees, or damage to property to the e)dent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by C014SULTANT in performance of CONSULTANTS duties. Neither party to this Contract shall be liable for any special, i ` 1, Indirect or oonuquentiall damages of any kind, including but not 11mited to lost proft or use that my result from this Oxftract or out of the services or goods furnished hereunder. ® t . 2 To the greated extent permitted ifipursuant o Section 725-06Florida Statutes, CONSULTAN'ra indemncation obligation (when prmilding seivices to CITY) shall net wmeed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or othervAse reduce other rights or obligations of indemnity which would otherwise mdst as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY -BE HELD INDIVIDUALLY LIABLE FOR, DAMAGES -RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COU14SE 'AND SCOPE OF- THIS PROFESSIONAL SERVICES AGREEMENT Buynton Beach Uffiflics-CWmal Comulft Semces r.-I 7 V.5 CLEAN FINAL Page 181 of 604 AR-111CLE 10- 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, ard pravide certificates of insurance evidencing such coverages and limb, and shall rance company euthorhmd to do business in Florida. 1-0.1.1 Waftes Compensation Insurance- The CONSULTANT shall procure and maintain for the lift of this Contact, W~s Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall Include the Workers Compensation and Employee's Liability Iresurance. requirements in its subcontracts. This coverage shall Include Employees Liability with limits meeting all applicable state and federal laws. This cover"e must extend to arry sub- CONSULTANT that does not how their om W~9 Compensation and Employer's Liability Insurance, unless not.required by stakda. The policy must contain a waWr of subrogation In favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and inairdain for the Iffe of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an mOccurrence basis. Coverage shall Include Premises and Operations; Independent Contractors,Products Completed Operations and Contractual Liability with spec;Mc reference of Article 9, 'Indemnificatiort" of this ContracL This policy shall provide coverage for death, personal injury or property damage that could arise directly or-indirecily from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal Injury/ and $1,0D0.000 per aocurrencelaggragate for property damage. The general liability insurance shall Include to CITY as an additional insured and Ili a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY, except for cancellation due to non-payment of premium. IA.3 Business Automobile Liability. The CONSULTANT shall procure and 0. maintain, for the Iffe of this Contract Business Automobile I-lablifty Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit f6r bodily injury and property damage liability to protect the CONSULTANT from daims for damage 'for bodily and personal , injury Including death, as well as from dalms for property damage, which may arise from the ownership, use of maintenance of owned and non-owned aidemobile, Included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirecW employed by the CONSULTANT. 10.1.4 Professional I-lablity (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount OF$1.000,000 per dalmleggregatp. BayrADn Bewh Utilities-Genad Combing Smiow C-1 0 V.5 CLEAN MAL Page 182 of 604 10.2 It shall be the responsibility Of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same Insurance requirements referenced above. 1 O3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability Insurance coverage or coverage which Is different in Aind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall aftrd written notice of such change in requirements thirty (30) days prior to the date on which ft requirements shall It effect. Should.the CONSULTANT fail or refute to satisfy the requirement of changed coverage within the thirty(30)days follovAng the MYS written notice, the CITY, at Re sole option, may terminate the Contract upon written notice to the CONSULTANT,sold termination taking effect on the date that the required change in policy coverage would otherwise take eflisa 10.4 CONSULTANT shall,for a period of two (2) years foliowing the termination of the Agreement,maintain a"tall ooveragew in an arnount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a dalms-made policy only. ARTICLE 11 - T CONTRACTOR 11.1 The CONSULTANT and the CITY agreethatthe CONSULTANT is an Independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be er*MW to any beneft accorded CITY employees by virtue of the services provided under this Cwftrt.The CITY shall not be responsible for withholding or otherwise deducting federal Income tax or social security or for contributing to the state Industrial insurance program, otherwise assuming the dufles of an employer.with respect to CONSULTANT, or any employee of CONSULTANT, 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pumuent to this Agreernert, CONSULTANT shall comply with Chapter 119, Florida Statutes. as amended (Public Records), CONSULTANT'S obligation includes, but is not limited to CONSULTANTS obligation to preser" public records and make public records available to third parties in addition to the C11Y MiCLE 12-COVENANT AGAINST CONTINGENT izi 'rho CONSULTANT warrants that he has not employed or retained any company or person, other than a bonsfide employee working solely for the CONSULTANT, to solicit or secure this Conbract., and that he has not paid or agreed to pay any company or -person, other than a bonsfide employee working solely for the CONSULTANT, any fim% commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting frorn the award or making of this Contract. For breach or violation of this warranty,the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract BWnton Bewh Utillfies-Gmust Cmsuffing Seivica C-10 V.5 CLEAN FINAL Page 183 of 604 ptice orconsideration, or otherwise recover, the full amount of such tee, commission, percentage, brokerage fee,gHt,or contingent fee. ARTICLE 13—TRUTH-IN-NEGOTIATION CEMFlgA__TE 13.1 Execution of this Contract by the CONSULTANT shall act as the woculton of a trotn-negotlation cer0cate ceriffying that the wage rates and costs used to determine the compensation provided for In this Contract is accurate, complete, and current as of Me data of the ContracL 13.2 The said rates and cost shall be acquated to exclude any significant sums should the CITY determine that the rates and costs. were incrdased due to Inaccurate, incomplete,or norr-current wage rates or due to inaccurate representations of fees paI d to outside CONSULTANTS. The City shall exercise to rights under this "CwtificaW within one(1)year folkniring payment. ARTICLE 14-.%UIQQWBAQnKG_ 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to Inspect all facilifies of any SUB-CONSULTANTS In order to make a determination as to the capability of the SUB-CONSULTANT to pwform property under this oordraeL TheCONSULTANT Is encouraged to seek local vendors for partidpation in subcontracting opportunities. If the CONSULTANT Laos any sub CONSULTANTS on this project the 1blimsing provisions of this Article shall apply: 14.2 N a SUB-CONSULTANTMI 9 to perform or make progress, as required by this Contract and it is necessary to replace the SUB-CONSULTANT to complete the work In a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the now SUB-CONSULTANT by the CI'TY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the parliormance any porflon of this contract as ea forth in the Scope of Wok 14.3 The CONSULTANT, its SUD-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and Ws agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must Incorporate the terms of this contract. ARTICLE 15-DISCRIMINA71ON PR0fi1KaZ_D 161 The CONSULTANT, vAth regard to trio work pefformed by It under this Gordract. will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16-A331 AMMUMUT1 I&I The CONSULTANT shall not sublet orassign any of the services covered by this Contract without the express waften corwart of the CITY. Doy&on Beach Utilities-Omwal Cowuhing Services C40 V-5 CLEM FINAL Page 184 of 604 ARTICLE 17-NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unlesssuch waWer is in wT!tjng. In the evem of a written waiver, such a waiver shall not affed the waiving partys rights with reaped to any other or further breach. The making or acceptance-of a payment by either party with knowledge of the eAstence of a deftult or breach shall not operate or be construed to operate as a waMw of-any subsequent delault or breach. ARTICLE IS— IINATION 18.1 igLon ffir CfinyMigno., Th Ls Contract may be terminated by the CITY for convenience, upon tan (10) days of written notice by the terminating.porky to the other party for such termination in which ewnt the CONSULTANT shall be paid Its compensation for services performed to termination date, Including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated,CONSULTANT shall indemnify the CITY agaI nst loss pertaining to this termination. 18.2 Termination for Defauft: In addition to all other remedies mrallable to the CITY,this 5ontract shall be subject to cancellation by tuld the CONSULTANT angled or fall to perforrn or observe any of the material terms, provisions, conditions, or requirements hamin contained, if such neglect or failure continue for a period of thirty (30)days after recelpt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of othet matedal breach of this Contract by CITY, the Contract is sublect to cancellation by CONSULTANT should such condition continue fur a period of thirty(30)day's after receipt by CITY of written n0ce of breach. ARTICLE 19 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated wM!n the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arng out of or rela*V to this Contract shall be in a court of low. The CITY does not consent to mediation or arbitration for any matter connected to this Corftct. The parties agree thirt any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20—11MCONTRgLILABLE FQBM 20.1 Neither the CITY nor CONSULTANT shag be considlered to be in detauft of this Contract if delays in or failure of performance shall be due to Uncontrollable ® the ~ of which, by the exercise, of reasonable diligence, Un non- performing parly could not avoid. The term 'Uncontrollable ForcW shall mean any event which results In the prevention or daisy of perlbrmance by a party of its obJ`gations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, elvil disturbance, sabotage, and BOyntDn Beach Utifides-Gwaral Cowuhing Services V.5 CLEAN FINAL C-21 Page 185 of 604 governmentaI actions. In such circurnstanceA parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performanod If non-perflonnance Is due to forces which are preventable, removable,or remediable,and which the non- performing party could have,with the exercise of reasonable diligence, prevented, removed, or remedled with reasonable dispatch. The non-performing party shall, within a reasonable Ime of being provented or delayed from perIbirmanos by an uncontrolI able force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 —CITY-PROVIDED INFORMAMN AND SERVIr-PQ 21A CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANrs servicei; obtain or aLdhorize CONSULTANr to obtain or provide additional reports and data as required,furnish to CONSULTANT servicie; of others required for re performance of CONSULTAN-irs sermioss hereunder, arid CONSULTANT shall be entified to use and rely upon all such information and services provided by CITY or others in performing CONSULTANTS services under this AgreemeryL ARTICLE 22—ESTIMATES AND 22.1 In proWding opinions of cost financial analyses, economic feasibility projections, and schadulas ter potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent cmdMons of existing equipment or structures that may affect operadon,and maintenance ouslac, competitive bidding procedures and market conditions; time or quality of performance of third parties-, quaft, type, management or direction of operating personnel; and other economic and operational factors that may materially affed the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CIT)rS actual project costs, financial aspects, acenomic feasibility, or schedules will not vary from CONSULTANTS opinions, analyses, projecMons, or estimates. ARTICLE 23—THIRD PARTIES 23.1 The servioss to be perforrned by CONSULTANT are Intended set*for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSUIJANTS performance of Its seMoss hereunder, arid no right to send a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANrs services hereunder. Boyntan Banh Uffiffies-Gmend Connrift Servk= C-22 V5 CLEM MNAL Page 186 of 604 ARTICLE 24-NOTICES .1 All notices requiredin this ContractI be sent to the CITY andIB be mailed iW Beach Ir ; r B f trr Beach ._ _ f r ht : P r �Ord_Services, each, FL 33425 And Notices to CONSULTANT, I be sent to the following . AECOM TECHNICAL SERVICES, INC. �. _. ,,'rm Ali . ., I Road North Tower Coral Gables 134 ARTICLE - I 25.1 This r with the RFQIRFP and any addenda andfor aftchmerft represents the entire and integrated agreement betwinn the CITY and the CONSULTANT and supersedes II prior negotiations, representations, or agreements wrftten or This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflictprovision of this Agreement and a provision of an individual ,the provisionr will control. IMMUNITYAR11CLE 26 -SOVEREIGN .1 CITY is I`° I subdivision of the State of Floridaenjoys immunity. Nothingin the Agroment ' intended, II be construed or interpreted, to_ i Immunities limitations liability for in 788-28, Rodda Statute, as may be emended from i time, any r statute thereol. ,all terms and provisionscontained In the ContracL or any disagreement or dispute concerning , shall be construed r resolved so as to insure CITY of the limitation li® ny successor statute thereof. To the contrary, all terms and pmvislon contained i the CordracL or rr i I II be construed or resolved so as t insure CITY of the limitation from labillprovided to the State's subdivisions by state law. 26.2 In oonnectlonlitigation or other proceedingarising prevailing I be entMed and including ny appeals and any postludginentliability costs and attorneys fees, however, shall not after or waiveB to Boynton Bwob Utilities .5 CLEAN FINAL C-23 Page 187 of 604 sovereign immunity, or exbwW CITYS flabft beyond ffm 11mita established in Section 788.28, FWde MeMes. as amended. ARTICLE 27—EU§U2MC0R0S 27.1 The CityL is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT sball comply vnth FlodWs Public Records Law Specifically, the Contractor shall- A. Keep and maintain public records reelaired by the MY to perform the service; B. Upon request fi-cm.the MY'S custodian of public records,provide the CITY ® 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 ® chapter 119,FI&Stat.or as otherwise provided by law, C. Ensurc Ond public records 69 am exempt or that are confidential and exempt fiern public record disclosure requirements are not disclosed except as authmized by law for the duration of the contract term and, following completion of the conuw, Conbactor shall destroy all copies of such confidential and exempt records remaining in its powession once the Contractor transfers the records in its possession to the CITY; and D. Upon complation of the contract,Contractor shall trawfer to the CITY, at no"to the CIlig records in C-onuactoes possession All records stored clectrwfically by CAmtmcWr must be provided to the CITY,upon request ftom the CrFYIS custodian of public recouls, in a ftnat that is compatible with the fiffonnation technology system of dw Crry. E. IF THE CONSULTANT HAS QUESTIONS REGARDINGME APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOWS DUTY TO PROVEDE PUBLIC RECORDS RELATING TO THIS CONTRACT9 CONTACT THE CUSTODL4N OF PUBLIC RECORDS: ' (MY CLERK) P.O. BOX 3110 ]BOYNTON MACH,MORMAL, 33425 561-742-6061. �BFJ—�US Boynton Beach UtMes-(3knend Consuldag Savim C44 V.5 CLEAN MAL Page 188 of 604 THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE T14E RISKS AND RESTRICT THE REmEpms To REFLECT THAT my AGREES To RESTRICT ITS REMEDIES UNDER TM AGREEMENT AGAINST® CONSULTANT, ITS. PARENTS, AFFMIATES AND SUBSIDIARIES, AND THEIR RESPEGIM DIRECTORS, s SHAREHOIDERS AND EMPLOYEES, (-CONSULTANT'S. ' SO ASSIGNEDTHAT THE TOTAL AGGREGATE LL4JBKHY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANrS SERVICES UNDER THE L."PLY To ALL SUITS,CLAIMS,ACTIONS,LOSSES, COSTS(INCLUDING ATTORNEY FEES)AND DAMAGES OF-ANY NATVM ARISING FROM OR RELATED TO TM AGREEMENT WITHOU17 REGARD TO THE LEGAL THEORY UNDER WIUCH SUCH LIABILrfY IS EWOSED. CLAIMS MUST BE Bkoucm -wITmONE CALENDAR YEARTROM PERFORMANCE OF TUE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY IN WITNESS WHEREOF, t in multiple whichcopim each of f be considered an original . DATED this day of 20 CITY L96 A42!! C,� 'C', � City Manager CONSULTANT TRW CRY C jfk A Vppo. of jas CF : b t ttome � ® COOP a Page 189 of 604 EXHIBIT"A" FEE SCHEDULE Bi � DAM M. arrh 16 2018 irll 235.00 Project Manager $210.00 njorEnSIneer 177.00 Prmess Enjonezr 165.OD Sr Electrica Egm fngtneer Designer 1115,00 as sperilifilst 1. .00 CADD/Tec13. ,00, Public Re] tl llltn/a Connstumimucis t $85.00, Sr. Rate ana Clerical/Administrafive Kelm bursablp F2uppp. Direct costs such as postage, pAnts, delivery service will be billed at cmt. Bwptm Beach Uffifies-Ommal Coambn Swims V.5 CLEM FINAL C-26 Page 190 of 604 C7&of Roynton Beach Risk Management Deparment CE ADVISORY FORM Un ! city of Tidglo done bffiz"CCr0CR1VE1Wdcr'- and'M City of Boynton Beach is .of f of Announce if Cedocate @11mfolluvangisalistoftnmofinsernew ®t notatlinduffhm, remves the right ffi typo of insurance, ) 3= (Occuromcc Based Only) .w,. ....... " 1, .Otl .! $1,000,000.00 owners& s ( 11000,000-00 lAquw ®' Each 1, ftfessland 4 (anyone Empl 5,000m PoWdon Liability LAzdAlcacment Broad Form Vendurs Premises ® mss Underground Explosion&Collapse Operations coaftleund Independent Contradurs Broad Form ftyarty Damap Any Auto, Boddy! ' (per lmom) to be detannined AUI owned Autos BoQy Iftimy(Par aaclden�) to be determined SedoduWAutes Prupnty Bited Autos 'A-arx Iter Non-Owned M Basic Any Auto Other Than Auto S 1190,000.00 1,000,000.00 workees compensation stistuhaty Limb EmptwyWa Liability S 100,000.00 Policy Dismse Each 1 Property Homaumnacs Revocable 300,000.00 Buildees Risk 1 �n .............. .. ,..,, Odw- As Risk to be deftrmined Boynton Beach Utilities s . 5 CLEAN MNAL C-27 Page 191 of 604 PERFORMANCE ECONSULTING ENGINEERS VALUATION FORM MrdaNNNNNNNNNNNN,��Nui s x k R er a7 $ r f i" €ZfS tct °f "'ta xta € t "''O ......-----------------.�..,,,��n�k��k��k��n�� ,.��. ......... ......... .m..,.,.�a...uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu�...........................w--,,uuuuuuuuuuuNuuuu.�rt �"": uuuuuuAA�wuMN�A��.�.�„ rau,N m "wew uuuuuuuuuuu uuuuu .......................... ��n�� NNNNNNNNNNN��.......... ................................. ru —......,....--.-..-. � �� a �� ,�'� � � �.. �� ..w��.....,uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu..............-—uu .........��.....��u................................................_M.. ............ , -- -................m...... ...................w..w................... .-.....................rc..�_.a.�� ate �.... _ ., „ on,i € $€aR to �,. r....r�w.� uuuuuuu�a ,�u,.....,.,—.,..,.,�.,.,��? w�..wwww�......,................................... ..... Rem �deit rxr .t. €9x 1€ ,ti"k1tYatr= 4#3skNvQ.,,, fir; $ � vh g .....................................................�.�„��aa��»,.��s�., ..........A..,.,.,.,.,.,.,.,.,.,.,.,.................................... .. ....,.,.,,,.,...,.aaaa�.aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa4aaaaaaaaaa.,�,...,.,..........,....,..............,_..,.,.,.,.,.,....,m..,.,w>.M..,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.........,...,...�,,,.,.,..,...�,��. Or"m k S''h�%�,s`&"?z t��2•�.� �. ;..:�� 4rd�'��.:� �C d�'R'`�a it 3 ff�, a uu uN ........., ............ NN.� , Bwfnto YI V�5 CLEAN KNAL C-20 Page 192 of 604 EXMIT PERFORAL&NCE EVALUATION FORM CONSULTING ENGINEERS (CONTMUED) DESIGNIENGINEEIRING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numericaffir I to 6 vAth 5 bein the hi host score WA 1. 'nio h site invest! aflon 1 2 3 4 2. Meetin cost limitations 1 2 3 4 5 3. Desi fVresuft sine a" 1 2 3 4 5 4. Coyerative& oonsive 1 2 3 4 6 r f ii 1 2 3 4 1 2 3 4 5 1 2 3 4 5 *Preliminary adminishativellimited staff review/evaluaUrin of levels of darity, ar=racy, and wardirmhon between disdplines. LNsme ond Of r!3tlrC Ofr"i �e7Ut�ftlm D�irwft.r�'___ rr irt er 4�rptjn FINAL DOCUMENT PREPARATION, BID, &AWARD BY CONSULTANT Rate n usnomical I to 5 vvith 5 be n Uie est score. 12 4 5 ...............— . .-....... ............... 1 2 3 ................. ............ Accu, ��dacurnerft ............ ................. .......... .................. 4w ents vWthin ie neWs esfimate- 1 2 .3g 4 5 5° C2gpe!y# 1 2 45 Timeliness ol submissions 1 2 3 7� Pro-bid confemnce ppah 3 4 5 1 2 9KK Bid evaluation,q 5 .......... 5 Res nse to &Ix 2 . .................. ....... ....................... —------------- .......... Name and ti0e of 4.......................................... ....... Sl nature of officer- Boynton Bem*utilitim-Genend Camumag savim V.5 CLEAN FINAL C-29 Page 193 of 604 EXMrr"C" PERFORMANCE EVALUATION FORM CONSULT-ING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Ratenumli: ilto-5v&h5beln ft h! host scom IWA DrqvAng!Reqed True Condidons I - 2 3 4 6 —Pl��AccurateXoordinated 1 2 3 4 5 —De,s---n C4nz-Wuct9bi1 1 2 3 4 5 4" TimellnessQual of Procassi i Submiftis 1 2 3 4 5 -P—roduqdgg_41pment Sciecdon Avallabi 1 2 3 4 5 & Field Consuftaflon and In ivWns 1 2 3 4 6 if f 12 3 4 6 8. Overall Construdbn Contract Ire' ion1 2 3 4 5 Pr4 5 Ckmwut DocumentsUon Reykm I 1 . " " f of Clainn for Extra Cosis 1 2 3 4 5 11. Did Corautant provide suftLent copies of signed plans to slow for fimely review and approvW by off 1 2 3 4 5 Peff nftbnn AnAnadd 12. Did b*Consultant sefively participate in overcoming probMm Wth Me ContractDr, Building 1 2 3 4 5 Officials and/or Re, u1sto encles? 13, Change Order Processing (Accuracy, 71mefirress, 1 2 3 4 5 Documentation. 14. 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CORPORATION,� resemd, AC01W ° ACORD nove andaim Page 196 of 604 AGS I ® CNIM48564 Lceft Los 9166 �. ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGMCY MANWINSUMM 6 AECCU TodmW Sm*9%I Tom T X134 THIS ADMT]ONAL REMARKS FORM 16 A SCHEDULE pORM U - I of LlabiI" Ise ran -m* cad: ! ha C#43575 A08 AMxm*mlnmcmwWmm-MC#ZW CA&W MA MU ACORD 101 2009 ACORD CORPORATION. All rights rased Page 197 of 604 213AM7W km Go raw Lm Angelm CA VW" YAWAMCUMCM TAWS CERTMCATE "COM TECEMCAL SERVICZ%INC. State of • CATS" 'Tmporadon"),and*a kaqw of its records and mpmte I FURTHER CERTIFY that 1 BIB Wast 7h Streat,Los Angeles,CA 90017-OOM wd that&a CorporsdWs principal place of business is 300 South Grand Avenue,96 Floor,Los AngdM Califimda . I FURTHER CERMY did pursuant to&a Written Consent ofthe Board of Direct=ofATS,adopted on August 23,2018,and aMwIW hereto am E3b&:L&C. Scott IN WMMS WHEREOF,I have subscribed my nam and affLud the sed offlo Cmpmfion,fids 301h day ofAupsk 2018. Secretary ry f a Page 198 of 604 IN TESTIMONY , n the Dhxftrs have hereunto set their hands this 23w ilay af August,2018. . TlrndMy Keener Page 199 of 604 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 July 2, 2021 BID: GENERAL CONSULTING SERVICES BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and AECOM TECHNICAL SERVICES, INC. AGREEMENT RENEWAL TERM: SEPTEMBER 7, 2021—SEPTEMBER 6, 2022 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) AECOM TECHNICAL SERVICES, INC. NAME OF COMPANY SIGNATURE Karen Brandon, P.E. Associate Vice President NAME OF REPRESENTATIVE TITLE (please print) 561-515-3907 July 12, 2021 DATE (AREA CODE)TELEPHONE NUMBER karen.brandon@aecom.com E-MAIL America's Gateway to the Gulf Stream Page 200 of 604 6.G. Consent Agenda 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Approve minutes from the February 1, 2022 City Commission meeting. Explanation of Request: The City Commission met on February 1, 2022 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: Alternatives: Approve, amend and approve, or do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Minutes Meeting Minutes 02®01®22 Page 201 of 604 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, February 1, 2022 at 5:30 P.M. Present: Mayor Steven B. Grant Lori LaVerriere, City Manager Vice Mayor Woodrow L. Hay James Cherof, City Attorney Commissioner Christina L. Romelus Crystal Gibson, City Clerk Commissioner Ty Penserga Absent: Commissioner Justin Katz 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. Roll Call City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Rabbi Simon, Temple Beth Kodesh The Invocation was given by Rabbi Simon, Temple Beth Kodesh. Pledge of Allegiance to the Flag led by Mayor Grant Mayor Grant led the Pledge of Allegiance to the Flag. Agenda Approval- 1. pproval:1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Penserga moved to approve the agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. *Common terminology that may offend people is noted with asterisks. Page 202 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 Commissioner Romelus wished everyone a Happy Lunar New Year. She disclosed she spoke with Bradley Miller on an item that is not related to the agenda. She provided an update on her trip to Chandler, AZ with the National Haitian American Officials Network (NAON). The organization celebrated its 13th year and the retreat focused on issues prevalent to their constituency. Topics of discussion included COVID and border issues. She noted it has helped her to grow as a leader. Commissioner Penserga had no new disclosures but has taken previous meetings with the Human Rights Council and Alan Hendricks. Vice Mayor Hay had no disclosures. He noted Black History Month is recognized from February 1St until March 1St and the 2022 national theme is Black Health and Wellness. He provided background on Black History Week and the first Black History Month. He noted it is considered the nation's oldest organized history celebration. Mayor Grant attended the Grand Opening of the new 7-Eleven on Seacrest and Woolbright on January 19th and the moving of Care ATC to Woolbright Road. On January 20th, he attended the Veterans Task Force. On January 22nd, he attended the Human Trafficking Awareness Walk and thanked the Police Department, who ensured everyone's safety. Later that morning, he spoke with Stanley Davis and Pernell Davis. January 23rd thru the 26th, he attended a conference as the Chair of the General Employee's Public Pension to the Florida Public Pension Trustees Association. He had conversations with Delray Police Officers at the conference. On January 27th, he attended meetings with the League of Women Voters and the Palm Tran Service Board. He noted the major concern is the paratransit costs. The PalmTran is currently driving 100,000 more miles a month for paratransit than fixes routes. On January 29th, he attended an event with the American Academy Real Mentors. On January 30th, he attended the South Florida Mayor's parade at the fairgrounds. He said he would like a proclamation issued for Black History Month. He wished everyone a Happy Lunar New Year. He invited any candidates running for City Commission positions to speak during Public Comments ahead of the March 8th election. He disclosed that he spoke with Latosha Clemons and the Palm Beach County Human Rights Council. 3. Announcements, Community, and Special Events and Presentations A. Presentation of FY 20/21 Grant Report by Grants Report Manager, Tess Lacroix Tess Lacroix, Grants Report Manager, reviewed the Grants Team Mission Statement. She noted for FY 20/21, the City has submitted nineteen (19) grant requests for a total of $18,842,032.20. At the State and Federal levels, grants can take up to one (1) year for approval after the submitted date of application. She said the City of Boynton Beach received and managed 29 grants totaling $9,206,175.06 with a city match of 2 Page 203 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 $4,245,566.60. She noted through subgrantee relationships with community organizations, the City of Boynton Beach responded to the needs of its residents. With the city's financial support, these funded agencies: • Provided eviction and housing discrimination assistance to tenants and homeowners while giving them the educational resources to understand and exercise their rights to fair housing. • Educated students and youth on domestic violence prevention and healthy relationships. • Counseled and facilitated workshops for first time homebuyers. • Empowered and equipped residents with tools to build or expand their businesses or seek vocational and educational programs • Distributed 3,055,664 pounds of food to 7,164 households in the height of the pandemic. Commissioner Romelus asked City Manager LaVerriere to provide a report during the pandemic on how many weeks the City partnered with Feeding South Florida to provide food to residents. Lori LaVerriere, City Manager, confirmed she will reach out to Feeding South Florida for the data. Ms. Lacroix continued the presentation. She noted The Boynton Beach Fire Rescue Department received COVID-19 supplemental assistance which allowed Firefighters and EMS Personnel to operate safely due to the rapid depletion of existing equipment amid the global pandemic. The Department also received funds to purchase EMS equipment, well-needed resources to effectively respond to community incidents. She said the Library Services has a new Maker Space Studio open to over 8,341 people. Commissioner Romelus asked when the Library will be presenting next to the Commission. She would like to know more about the Maker Space Studio and the equipment. City Manager LaVerriere they can have them present at the next Commission meeting. Ms. Lacroix reviewed the following Police Department highlights: • Officers supported food drives, vaccination sites, and resource distribution to areas most impacted by COVID-19. • The Bulletproof Vest Program helped purchased 30 eligible vests to keep officers safe. 3 Page 204 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 • During manatee season, marine officers patrolled the waterways and educated individuals speeding through the wake zones to protect the manatees. • A new engagement software to boost community partnership between citizens and Law Enforcement was purchased and a new interview room at the new headquarters was installed. • Promotion of traffic safety initiatives, education and enforcement efforts by our officers helped reduce overall traffic crashes by 42% compared to the previous three-year average. • The Victim of Crime Act supported the Victim Advocate and the critical victim assistance services and referrals to victims of crime. Ms. Lacroix reviewed the following Public Works highlights: • The Palm Beach TPA awarded the City a Transportation Alternative grant to complete street improvements on SE 1st Street between Woolbright Road and SE 2nd Ave, enhancing pedestrian connectivity and safety. The project to complete a 1-mile 10ft shared-used path on the West side of the street will be completed in year 2023. • The Waterways Assistance program funds will help the City improve the boat ramps at Oyer Park. The boating community and users of the facility have reported the difficulty with using the four boat ramps due to the current surface conditions. All of the design and permitting has been completed with the project's rebid currently under review. • The Palm Beach Transportation Planning Agency Local Initiative Program also helped fund the complete street improvements project on Boynton Beach Boulevard between NW 3rd Street and US1/Federal Highway. The project is currently under design with construction scheduled for year 2024. Commissioner Romelus thanked staff on pushing the repaving of Seacrest Boulevard. Ms. Lacroix noted Public Works is undertaking the critical hardening of Boynton Beach Fire Rescue Station No. 2. She shared the City of Boynton Beach ranked 1St on the Florida Recreational Trails Program's current funding cycle priority list for the Eco Park project. The project consists of constructing new accessible trails and amenities for the public to walk, bike, kayak and enjoy the park's natural resources and beauty in the future. The City has hired an artist to work on eco-friendly art to align with the goal of preserving the natural resources of the area. Commissioner Romelus asked if the Eco Park is protected by ordinance. 4 Page 205 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 City Manager LaVerriere responded no. Mayor Grant said he does not believe there are any restrictions for the City. City Manager LaVerriere noted there were protections, but she believes they have expired and will need to do some research to confirm. She does not believe there are any State protections. Commissioner Romelus would be interested in exploring establishing protections for the land. Discussion ensued about a deed restriction. Ms. Lacroix reviewed the following Utilities highlights: • Lakeside Gardens Neighborhood Drainage Improvements o The first phase of this project consisting of preliminary engineering, design and calculations, surveying, and permitting has been completed and the Department is preparing for phase II. • Oceanfront Park Project o Boynton Beach received funding from the Florida Legislature to replace existing Wastewater Treatment Plant in Oceanfront Park with new energy efficient advanced treatment sewer plant which will also produce reuse water. The team and their engineering consultant have discussed sizing and improvement alternatives with PBC Health Department to treat the influent flow from Oceanfront Park. The project's completion date is set for June 2022. She reviewed the following Sustainability highlights: • The City of Boynton Beach is undertaking the project of developing an urban forestry program. Over the next three years, the City will hire an urban forestry firm to inventory trees owned and managed by the City, collect data to evaluate their location, species and need for maintenance, and enhance tree canopy to augment greenspace and achieve community equity and environmental sustainability. • The sustainability department received funds to update the Coastal Resilience Partnership Vulnerability Assessment completed in July 2021. This update will make the original assessment compliant for project funding and will include expanded sea level projections and updates to tidal flooding and surge analyses. She reviewed the following activity of the Grants Team: 5 Page 206 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 • The Grants Team uses electronic means to manage grant funded projects to effectively maintain decentralized operations while enjoying the benefits of a centralized grants management system. • Grant funding forecasting is integral to the budget preparation process; a summary report was prepared for the Fiscal Year 2021-2022 budget review team and included the project title, funding source, required City match and any associated long-term operations and maintenance expenses. • Grant funding forecasting is integral to the budget preparation process; a summary report was prepared for the Fiscal Year 2021-2022 budget review team and included the project title, funding source, required City match and any associated long-term operations and maintenance expenses. • In addition to the proposed cash match, in-kind staff support from the General fund totals $14,693. Ms. Lacroix summarized the presentation by noting that during the FY 20/21, the Grants Team utilized the City's ongoing annual Strategic Plan to conduct funding analysis to support identified goals and priorities. She stated in FY 21/22, the Grants Team will continue to research funding opportunities to further the City's strategic initiatives to build wealth in the community, create a culturally distinct downtown, improve transportation and mobility, maintain a high performing organization, ensure health and safety, and support environmental sustainability. Mayor Grant said two areas that are important to him are subsidized housing and water quality. Ms. Lacroix noted her team is working with the City Manager to identify priority projects for the City. Vice Mayor Hay said Ms. Lacroix is doing a great job. B. Presentation from Gerda Klein about the Boynton Beach Mental Health Committee's initiatives Gerda Klein, Boynton Beach Mental Health Committee, provided background on the Boynton Beach Mental Health Committee. She was joined by Ricky Petty, the Director of Healthier Boynton Beach. She noted that five (5) members of the Boynton Beach Mental Health Committee sit on Mr. Petty's steering committee. Mr. Petty shared examples of partnership projects within the community. Ms. Klein stated, prior to Covid, the Boynton Beach Mental Health Committee trained eighty (80) City employees in mental health first aid. Additionally, they worked with Boynton Beach High School students on mental health career paths. They purchased a Buddy Bench for Crosspoint elementary school. They organized Zoom presentations on 6 Page 207 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 mediation and eating disorders through the Library. They are the member of the Heart of Boynton Alliance. Ms. Klein discussed the significant mental health impact from Covid. She previewed an outdoor community event to be held May 15 and said that she will share more information when details are confirmed. Mayor Grant thanked Ms. Klein and the Committee for helping to destigmatize mental health support. Vice Mayor Hay said this is an opportunity to embrace our community members, so people know they are not alone. Mayor Grant reminded the audience to silence their cell phones and to step outside if they intend to have conversations. Commissioner Romelus thanked Ms. Klein and the Committee for their work. She encouraged public healing and support and offered to donate $500 of her Community Support Funds to the initiative. She asked for it to be added to the next agenda. C. Announcement by Stephanie Soplop of the Joe DiMaggio Children's Health Specialty Center Magic Wheels & Special Deals and Barrier Free 5K Events. Stephanie Soplop, ADA Title II Coordinator,joined the meeting virtually. She announced the 6t" annual event and confirmed this is the third year the Joe DiMaggio Children's Health Specialty Center has served as a sponsor. She described the details of the 2022 event, which will be held on Friday, February 11 at Centennial Park. She described the process of Magic Wheels for the selected child. She thanked Chariots of Love for their support. The Magic Wheels & Special event is a free community event. She listed some vendors who are scheduled to participate in Special Deals. Ms. Soplop noted the Barrier Free 5K will be held on Saturday, February 12 at 7:30 AM. at Congress Avenue Barrier Free Park. A virtual option is available as well for anyone unable to attend. Registration is open at barrierfree5K.pbrace.com. The fees will increase after February 10. D. Announcement by Kacy Young, Recreation & Parks Department Director, regarding The Immortal Four Chaplains Memorial Service being held at Tom Kaiser, USN Boynton Beach Veterans Memorial Park on February 6th, starting at 2pm. Kacy Young, Recreation & Parks Department Director, joined the meeting virtually. He announced The Immortal Four Chaplains Memorial Service being held at Tom Kaiser, USN Boynton Beach Veterans Memorial Park on February 6th, starting at 2pm. He noted event details can be found at www.boynton-beach.org. 7 Page 208 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 Mayor Grant asked if local assisted-living facilities have been contacted to confirm whether they will provide transportation to the event for their residents or veterans. Mr. Young replied that they will conduct outreach to the facilities. E. Announcement by Gabrielle Favitta, Events Manager, regarding First Friday @ 5 and Friday Flicks in February. Gabrielle Favitta, Events Manager, announced two free family events that will be held in at the Centennial Park amphitheater. Food trucks will be onsite at both sides. The First Friday @ 5 concert will be held on February 4 from 5:00 P.M. to 8:00 P.M. and feature The Shane Duncan Band. The Friday Flicks will be held on February 18 and feature Charlie and Chocolate Factory. The move will begin at 6:30 P.M. and attendees are encouraged to bring blankets and chairs to both events. Mayor Grant asked if a performer is already booked for the April First Friday. He had a conversation with the Gold Coast Band about performing. Ms. Favitta said that they will reach out to them to discuss. F. Early Voting for the March 8, 2022 Special Election for the office of State Representative, District 88, and the Municipal Election will begin on Saturday, February 26, 2022 and will continue through Sunday, March 6, 2022. The Early Voting hours are from 10:00 a.m. until 6:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. As of 30 days prior to the election, a listing of Early Voting locations throughout Palm Beach County will be available at the following website: https://www.votepalmbeach.gov/Voters/Early-Voting. Mayor Grant announced the details of the Early Voting for the March 8, 2022 Special Election. G. Proclaim February 11-17, 2022 as 2-1-1 Awareness Week. Patrice Schroeder, 211's Community Relations Specialist, will be online to accept the proclamation virtually. Patrice Schroeder, 211's Community Relations Specialist, joined online to accept the proclamation virtually. Mayor Grant read the proclamation. Ms. Schroeder thanked the Commission. She stressed the importance of suicide prevention and shared their available resources. 8 Page 209 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 H. Proclaim February 7, 2022, as Robert E. Wells Day. Bishop Bernard Wright will accept the proclamation. Vice Mayor Hay read the proclamation, which was accepted by Bishop Bernard Wright. Bishop Wright thanked the community and Commission for recognizing his great- grandfather Robert E. Wells each year. He shared some of his personal story and history and heritage of the City. He discussed his desire to overturn the City Commission representation. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mayor Grant asked the Commission to consider a second public audience opportunity for anyone needing more than 3 minutes to be heard before Item 13A. Vice Mayor Hay asked for clarification and expressed support for allowing speakers to have extra time to speak during this public audience. Commissioner Romelus prefers to limit to 3 minutes. Mayor Grant said he will set the timer for 3 minutes and if a speaker needs additional time then he will reset the timer for 3 minutes. Bishop Bernard Wright, 713 NW 7t" Street, CEO of Bernard Wright Ministries and current candidate for Mayor. He asked for the Commission to resign immediately. Ms. Morris said there is a lot of prejudice in the City. The Police Department has been riding by my house for years and years. It's funny you all talk about mental health when you all sitting up there are causing mental health. The Police Department rides up and down because someone white make accusations. What about my mental health? I could have been the one jumping off that bridge as a single parent. You all talk about Black History. I want to honor my grandson. He was a valedictorian ever since pre-school. He was an honor student and then your cop killed him like he was dirt. Mark Sohn needs to get out of here because he doesn't care about life, even if it is a child. Get him out of here. I still got racists around my door. Racists in Boynton Beach and we need a change. Justice for SJ. Renee Morris said your officer left my nephew dead like a dog. Last week, Mayor, when you thought no one was listening, you said the Chief is not here, so we don't have time for this stuff. This stuff is named Stanley Dale Davis III and don't even speak ill of my nephew again. Lori, you make $250,000 a year for what? To sit here and let this man 9 Page 210 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 continue to slaughter people? This is the third time. He's still a police officer. He's racist because he's hunting our black men like dogs. He knew my nephew was going to be something. An educated black man. That's a white man's worse enemy. That's why he took my nephew to his death. We don't know if he hit the bike or boxed him off and made him hit the curb. He needs to go. I need to start a petition to get the four votes to get you off the Board because you are the common denominator. You act like black people don't matter but we pay taxes too. We pay your salaries. This is some horse manure and I'm sick of it. If I was all of you black people, I would move out of Boynton and stop paying taxes. Then you all would do something about it. Or, when he kills one of your white kids. No, it's not a black white thing but it is. And for everyone that keeps saying my family is after a settlement, we are after justice because one of your officers slaughtered my nephew like a dog. He hunted him like he was prey. I don't want to hear when the investigation is over, we'll do something. An investigation can take up to a year. So, we'll have to keep using our tax dollars to pay this man while he sits home for a year?We want an independent investigation because the Highway Patrol will side with you all. You all are gonna' sweep it under the rug but it will not be done. You are gonna say we'll get tired and fizzle out but there will be at least ten of us here every meeting. Have a nice day. Shannon Thompson, SJ's mother, noted she may need more than three (3) minutes. I want to go over some things that Lori, the City Manager, stated. I'm going to quote everything you said so it's not an opinion. You stated, "Your ability to terminate a police officer is limited by the Union, contracts, and Law Enforcement Officer's Bill of Rights Statute 112 and that the Chief of Police Michael Gregory will make a recommendation of disciplinary action then you yourself being the City Manager will make the final decision." You also stated, "The car was not equipped with dash cam." So, my question is, are officers not equipped with body cams then, Or, how about you release the call that should have been placed in this unlawful unauthorized pursuit. Or does an officer not have to call in pursuits anymore? Are officers making traffic stops alone anymore? Next, you stated "None of us have the facts surrounding this tragedy in order to make a fully informed decision." Well, who made the decision to release a false narrative, a false claim, that my child was riding reckless December 26, 2011, that warranted an illegible pursuit that was this cause of his death without all the facts? Ironically, your team felt compelled to release a statement without all the facts to place not only the blame but to justify your serial killer cop Mark Sohn's conduct and behavior that killed Stanley Davis III. It's funny how now, since you want to vindicate this untamed animal of the police officer, you state you do not have all the facts. How convenient is that now? Then you went on the state marital law, which you quoted "the victim is entitled to the following rights beginning at the time of his or her victimization the right to prevent disclosure of information that can be used to locate or harass the victim or the victim's family, or which could disclose confidential privileged information of the victim. Is Stanley Dale Davis III not a 13-year-old victim? His life was tragically ended due to the illegal breach of a policy and regulations by an employed on- duty veteran officer. Stanley is the victim. He should have been protected even more than Mark Sohn. Instead, his identify was released while he was still lying on the scene deceased without the facts that surrounded this tragedy in order to make a fully informed 10 Page 211 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 decision. We, the family of the victim, should be protected under the same Marcy's Law as Mark's family. Are we not receiving harassment family? Even from local business owners, one in particular, Priority Towing, when we had to retrieve my deceased sons motor vehicle bike and how we were treated. We have been getting harassed from strangers with racial threats and slander. Can you answer why Mark Sohn and his family are protected under Marcy's Law and not the actual victim and his family? No answers. Ok. Lori, you also had some responses from your FCMMA interview. You were asked "Why did you select a career in public service?" You answered "I did not select it, it selected me. It was then when I fell in love with the satisfaction of knowing you can make a direct positive impact on the lives of so many people." What positive impact how you made by allowing an officers continue being employed with two previous fatalities while breaking a policy resulting in a grievance suffering, pain, and eternal brokenness to families or his victims. The next question. What is the most memorable experience you had on the job?You said "The most memorable experience to date was the day we signed the bond document to kick off our town square redevelopment project. The project has been the topic of discussion for 20 years." A $250 million development project. It's great to see a $250 million was allocated for a development project but your police officers have no money allocated to install dash cams into their vehicles. How do you suppose the public and officers will be safe and protected since there are no additional recording devices that will help to keep them safe from crimes? Or is that not of great concern because you want to be able to boast about your accomplishment of a project that no one actually care to complete in over 20 years. You were asked next what are your hobbies and interests. You stated "You enjoy your fur babies, which we all know are animals. We are now empty nesters." That must be a wonderful feeling that you and your husband are empty nesters. Here's a glimpse of how I have to spend remembering my son. When I want to hug my son, an air hug. When I feel like I have to talk to my son, I have to go to a grave site. When I hear his laugh, joke, and kiki I have to now go retrieve videos in my archive that I stored just to hear his voice. But I'm glad you're an empty nester. Stanley, are you going to be an empty nester? I didn't think so. Then, you were asked if you could give once piece of advice that is interested in public health service, what would it be. You said "Always be true to yourself. Be honest. Act with the highest integrity. Don't let your job define you. You must be fully committee to achieve your highest capability." What does being true to yourself mean to you? Is it concealing the truth? Lacking empathy? Lacking empathy to suffering families? Or is it displaying no morals or ethics? Or maybe this is your way of acting with honesty and highest integrity. Let's recall some of the things since we know she's been in this chair for a while. In 2014, there was more than fifty police officers that protested outside this same City Hall, demanding you to resign. How about Rocky Solvotor? Michael Gregory recommended Rocky's employment be terminated after an internal affairs investigation determined his violated the department's drug testing policy. Lori finalized that and made the final decision. Rocky's failed drug test warranted his to get fired yet Mark Sohn broke policy countless times. Yet Lori seems unable to make a final decision to terminate him. How convenient. How about September 2017 with an incident involving Major Michael Johnson and Officer Mark Sohn. Mark was pulled over for a speeding violation for traveling a high speed of 97 miles per hour in a 11 Page 212 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 65-mile zone. Mark vehicle, at that time, had a working dash cam that captured the entire incident, followed by body footage. Johnson was even heard admitting that he had violated and broke the law by speeding after realizing Mark was capturing the entire incident on footage. The Internal Affairs report indicated that speed is specifically listed as an example of behavior that violates the City's unbecoming conduct rule. Yet Lori made the final decision to reject disciplinary recommendations and then insinuated the department was leaking information once the City was pressured to investigate that incident. Or, how about Officer Ventyre Finney, who was also fired by Lori for conduct unbecoming of a police officers as Finney was involved in soliciting oral sex in prostitution. Are Mark's behaviors not unbecoming or are you still afraid if you discipline him it may result in another attempt of him disclosing things that you guys have been trying to cover up and hide for years. I'm glad they spoke about today's the first day for Black History Month. Let's not forget Latosha Clemons. She was to be honored and remembered for being the first black female firefighter but also holding the position as the first black female Deputy Chief. She was to be honored with a mural that was set to reveal her image in honor. Yes, Lori, had her whitewashed and had her represented with the white female's image. You stole her most memorable moment. I'm gonna close with what Lori said. Always be honest and act with the highest integrity. Don't let your job define you. But you must be fully committed to achieve your highest capabilities. Some leadership. Ester said she resides at 800 N. Federal Highway where you all killed Stanley Davis. I just want to know where Chief Michael Gregory is. I also understood he had Covid a few weeks ago and he was working from home. Mrs. LaVerriere, where is the Chief of Police? This is our third meeting, and he had the audacity not to show up. We have some questions that you need to address. When are you going to be able to address the public questions? Mayor Grant responded if you would like to have a conversation with Mr. Gregory, you can do it outside. This is public comments. We are able to hear what you have to say. This is not necessarily a question-and-answer phase of the City Commission meeting. If you would like to have a conversation for the City Commission to discuss we can have something on a future agenda. Ester said we have been asking for three weeks now, and nobody gave us a date when we can ask our questions and have answers. Mayor Grant replied that is up to the City Commission to decide whether to have that item on a future agenda as part of our ability here as the governing board. So, if that is what you are asking for, that is something that I will ask the Commission to do so we can speak at the next City Commission meeting. Ester said ok sounds good. 12 Page 213 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 City Manager LaVerriere said the Chief hosted a meeting last week, if an additional meeting is needed, we can schedule another one. Mayor Grant said we will ask the community at the next City Commission meeting to discuss the workshop with the Police Chief. Does that make sense? City Manager LaVerriere stated he is available. He does not need to speak now but we are happy to do that and plan to do so. Mayor Grant said so that is what we will do. At the next meeting City Commission meeting, a planning workshop for a question and answer of what is going on in the Boynton Beach Police Department. Thomas Turkin, 132 SW 2nd Avenue, said his heart goes out the family of SJ. When I decided to start to make the attempt to serve my community he has been let down and discouraged. He wished Commissioner Katz was here so he could read him the email where he told him it would be a tough road and that there are strong front runners. Who emails that to a candidate? Commission Romelus, thank for emailing me back and answering my phone calls on how to get started. I did not hear anything back from Ty Penserga. At the Boynton Beach Christmas lighting I tried to introduced myself and you snubbed me. I did believe in you, but I lost that. He understands that there have been rumors that my signs have been illegal but everything in cordial. However, he has been hearing rumors from the citizens in Chapel Hill and Forest Park that City employees were campaigning for Ty Penserga, and Marit Hedeen. He does not know if that is true. He is just letting you know what his neighbors told him. From the moment he started, there has only been one woman that he has solely trusted and is equal and accountable for all and she is sitting to my left. Her name is Crystal Gibson. I come from a background of organizational leadership and when leadership fails, it is time to make a change. He wants to know if there is an answer on shots fired in front of his house early Saturday morning. He does not think it was intentional, but he would like a follow up. If the Police Department is not working, we need to look at leadership and if the City government is not working, we need to look at leadership. Sharon Hobbs, pastor of Greater Saint Paul AME Church, thanked the City for supporting the human trafficking awareness walk in January. We hope to do it again next year because it was greatly received, and we are getting more people aware. We would love to do this annually. Thank you. Reverend Patricia Burgess Clinton, 2206 NE 4t" Court, has been a resident for fifteen years. I went to school with Tina Hunter, I saw the incident on TV. How could we sit here as citizens and overlook a young boy getting killed the day after Christmas? I saw some of the videos. Why didn't the officer call his mother? In my day, we knew cops. Black and white. We grew up in a time, if we got pregnant early in high school, we had cops come be mothers to us. He was right at the pump. Get the kid and put him the back of the seat 13 Page 214 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 of the car. Call his family. But we're sitting here judging should we let this cop stay on the force. This is a no brainer. Three people have been murdered by this cop. How can you go to bed at night? It could be any of our kids. It could be your kid. How could you not feel something? Talking about a Friday night movie theater when a young boy is in the cemetery. You know what going on. I'm in the community and it concerns me. I even had problems with the Boynton cops. How can you sleep at night? The boy had potential. He could have been the next Mayor and we're sitting up here talking about eating on a Friday. That's crazy to me. I'm done. When's it's serious and talking about someone's child dying, no one has answers. That cop needs to go. Fire him. Get rid of him. Tory Orr, stands with Shannon Thompson's family and the Davis family. SJ is my family too. I wanna talk about what Lori said as well. I'm reading that she called Office Mark Sohn a victim. Like how is this piece of sh*t a victim. Since when did he become a victim? I know City officials know what's going on. Lori has been the City Manager since 2011 and in office for 27 years. Dale got killed in 2011. Jaden got killed. Nothing happened. Now SJ. Now you're telling us 180 days of due process. Then we started paying this guy our money sitting at home watching tv. Then I'm seeing in the memo Lori said we don't want to release his name because they're find his address. I know where he's staying but that's not my concern. I need his new address to the be the Department of Correction. Then Lori said we need to worry about the guy's name. What about SJ's mom? The threats they are getting. They say it's not black and white. You see what you see. It's only white people saying these things. I got something for the Mayor too. In the last four years, me and the Mayor have accomplished a lot of things. Boy, I'll tell you. That man, he was a human at the crash site, and he thought, for a second, that could have been my Eleanor up there, that could have been my baby. Now, he comes here and Lori tells him the PBA threated him. We know you're running for Senator next year but we're gonna make sure you're not the Senator of this County. Christina Romelus has a lot of alligator tears. She does a lot of crying up there, but nothing happens. Mr. Woodrow Hay, I have a lot of respect for, because I remember one time I went to his house and the police was out there to jump on us. This man stands with us, but we got to see it. That day I was up there with SJ at that BBQ stand. I said SJ that's a nice bike and SJ said I've been good all year. Earl said do you want your chicken wings now and SJ said no I'm gonna get my gas and come right back. There were two police. One police at the church and one police at the Dollar General. They don't see the kids as threats after Christmas. They didn't move because they know this a culture in Boynton after Christmas. We've been riding dirt bikes since the 80s since I was a small tike. Just to see the Mayor and Lori sit up here and constantly put shade over our eyes and knowing they could fire this officer right now. Why haven't you seen one recommendation from not one person on the dais? You could recommend it in the public so people could see it. We need the Feds in Boynton. We do not need these local jokers. How much longer are we gonna keep seeing these bullies. You're putting these bullets in here. Shannon said that Lori said that you have to have integrity and do the right thing when no one else is around. Well, the people of District 2 is asking you all to do the right thing. We are fighting or this baby and we are going to make sure this baby has a park in his name. Whoever thought this stuff would touch our 14 Page 215 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 front door. That girl said she ain't got nothing to hug. I got one son. Lose his life to the hand of a pig? Then you're up here hollering about movie night. We just gonna pop up. We will be here. There was no excuse for you to close the movie last Friday night. My cousin had a big bag of popcorn. We don't want none of your snacks. We gonna push for justice for this baby and accountability at every event you have in this City. Carmen Morris, 333 NW 12th Avenue, can recall the day her grandson had this fatality. I was hurt and crying. I said this cracker killed my baby. The way that man ran my baby down. You said we are gonna get justice. You ain't getting us nothing. Now you got a whole other demeanor. You hugged me. You told me everything was gonna be alright. I don't know nothing about politics. You don't remember hugging me? You're don't remember me Mr. Grant? I don't see nothing. You all were talking about my grandson, but he was still a kid. I don't get it at all. I'm mad. Mark Sohn sitting a home with his family. don't get no understanding out of that. What happened? You flipped the whole script. I'm hurt. My grandson was 13 years old. He just turned 13. His Christmas gift, you all wrecked him out on that. But I got a DUI and you everything I said. I'm doing a year probation and I got $1,000 to pay but you all had the dash cam and the body cam. I'm upset about my grandson. Justice for SJ. This is what I'm living for today. My son and his baby mama, they are mourning. Shannon's only child. Stanley's oldest child. We need some justice. Three people that man killed. He's watching me right now talk about his a*s and he's getting paid. We're gonna be here. Everything y'all have, we gonna interrupt. Justice for SJ. Dr. Stephanie Hayden-Adeyemo, 2181 SW 15th Avenue, N102, joined virtually. I'm standing in the capacity of a resident since 1994. The way I'm connected to this sudden tragedy and murder is because my sister is related to SJ's uncle. Unfortunately, we say and speak things in jest and generalization, but this is next to my home. I ran for Mayor of this City. What I do realize that there is nothing in the City that does not have a checks and balances. Ms. LaVerriere put a statement out so she can be left blameless like she's done the past with some of her sketchy judgment. Everything goes through her checks and balances. The clock is ticking. All the Commissioner seats will change. You think this is going to go away, but it's not. I am persistent. I wanted 7 years to run for Mayor. What I do know is I asked for the City Attorney and the Chief of Police to resign. I am requesting again that Ms. LaVerriere submit her letter of resignation and that the new Commission vote on no confidence in the City Manager and the Police Chief. I also want to go on record that I heard you state that you can put on a public audience meeting where they are asking you questions, Ms. LaVerriere, or the Police Chief. Can you clarify that please? Mayor Grant said I want to thank you for your service to the City through our advisory boards. Dr. Hayden-Adeyemo replied that you don't need to congratulate me for my years of service. Can you just answer the question? Can you tell me the steps and details it so it is on the record, so they know the steps to request this meeting? 15 Page 216 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 Mayor Grant said on future agenda we can put an item on today to direct the City Manager to have a public workshop with herself, the Chief, and if the City Commission wants to have a public workshop with the community, they are able to do that at a separate time. We would have a discussion at our future agenda item later tonight. Thank you. I recuse my time to the next speaker. Pernell Davis, 832 NW 8t" Avenue, said he remember last time he spoke up here City Manager Lori kept putting her hand up to her ear like call me and I called her office three times, and I didn't get a meeting yet. I talked to Keisha. To the Chief, I called you three times and didn't get any feedback from you either. I heard you say last time we needed to wait until the investigation concludes but while we are waiting, we have a pattern that is already established of person who doesn't follow policy. When Internal Affairs got involved, that's when you said we should terminate him. So, IA is involved again. You read to terminate? No? Ok. Also, I've been watching a lot of these meetings because you all are my priority. I went back and saw you had a vote about some land by the Boynton Beach Mall. You were going to use the land for development and people were mad about trees. You were going to go along with the development and 20 people came in here and screamed and cried about y'all and y'all changed the vote. We cared about trees there, but we have a whole person that we don't care about. You don't remember that? Then, when I was looking around in there, Commissioner Romelus, you stated, "What is a kid's life worth?" You ever got the answer to that question? Then, I also seen when y'all had to deal with Kim Kelly at the wing spot and this new development was going in to push her out. You all changed your mind then. Then we are worrying about money. We talked about your accomplishment of City Hall being redone but it doesn't look so good with all these empty lots sitting next to it. Can you and the City Attorney tell us what really happened? That's a problem. The City Hall is here and looking good and we got vacant lots right next to it. So, we still fighting for our money. City Attorney, you get money on the front end when we sign the contracts, then you get money on the back end when we suing because you just steady going to court charging. Why would you care to get it handled? Every other city has a downtown but us. There are no vacant lots in Delray downtown. Also, the situation about Latosha Clemons, which I think is tragic. That situation was happening in 2019. That was a real blackout for the City. Now, in early 2020 the City Manager gets a 17% raise. A $34,000 raise. In 2019, the average income for the City of Boynton is $29,000 so your raise if more than the average person makes here. How is that fair to the community you serve? A city that you don't even live in so it's easy to call the shots. You don't need to be policed by these police because they don't live where you live. Gated community Winston Trail is pretty nice over there. You probably got your own police. You probably got a dash cam in the security guard car. While we're here paying out taxes, doing what we got to do, for a force that unequipped. We don't even see a body cam. That's under Marcy's Law too? You wrote in your memorandum all the student you can't do but what can you do? Don't give me the one call away thing because I called three calls. She gonna be part of the Q &A because I want some answers because I can't get your privately to come speak to me. Every person up there I spoke with privately. 16 Page 217 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 They did answer the questions. But the two people who are pivotal to this investigation never returned a call. The Chief and the City Manager. Mayor Grant said he received a note from the City Manager that there is a Police Town Hall scheduled for February 22, 2022. Mr. Davis said that's too long. We've been waiting all this time. Why do we got to keep waiting? Mayor Grant said the City Manager will work with the Chief to do something next week. Mr. Davis said the Chief don't work with nobody else. Well, we'll be ready for that meeting next week. Mr. Hay, I got hate for you too. This is your District. Technically, that's on your watch. You should be the main person demanding justice but due process. Due process do take too long. Like Dr. Hayden stated it's going to be new people in these seats will not have a care in the world. We need this stuff done now. I propose we amend the meeting tonight and try to vote Ms. Lori out. We need four votes. We have one Commissioner not here but if we get the four, his vote doesn't matter. Mayor, are we allowed to vote her out tonight? Mayor Grant said that would have to be something the Commission decides. I'm not hearing anything from the Commission. As the Chair of the meeting, I cannot create the motion. Mr. Davis said so Commissioner Hay would you like to amend the meeting? Commissioner Hay said I want to see what the results of the investigation are ok. I told you before that I am going to follow what policies and procedures are. What we have to do is change what's on the books. Mr. Davis said its part of the law that we can ask you guys to vote out the City Manager. It's the super majority. That's part of the policy, right? Commissioner Hay said my focus is on SJ whether you believe that or not. We want to see the facts on what really happened. That's what I talked to you about. Mr. Davis said so Mr. Grant, you don't want to? Mayor Grant said for myself the fact is that the next Commission is going to have the same City Manager and same City Attorney. No, I don't think we need to change the captain of the ship right now. We have to have more information and that's where I am at right now. Mr. Davis said now I know where we stand. Thank you for your time. 17 Page 218 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 Cameron Simmons, 239 NE 13th Avenue, joined virtually. I'm calling in support of SJ and the prolonging of this investigation is uncalled for. You say you want to see the facts, but the Florida Highway Patrol investigating this situation. So, like Tory stated, when are we going to get the Feds in here for a proper investigation. That is a question I know you aren't going to answer it but thank you and have a great night. Gregory Hartmann, Golf Harbor, 1083 SW 25th Place, stated that the Toys R Us parking lot on Congress Avenue, has become semi-truck parking lot. It doesn't seem that's the intention for that parking lot. It has become an eyesore. I don't know if we can send someone out from Code for that or if we have to deal with the property owner, but I was wondering if there is anything we can at the City level. Bryce Graham, 2nd Vice-President for the National Action Network Central Florida Chapter, and we told you we are not going away. Now let's dispose of the lies that have been coming from this City. I've checked form Tallahassee to Miami-Dade about K-9 unit cars having dash cams and all of them have told me all of their cars have a dash cams. So, what is happening here in Boynton Beach that your K-9 unit cars are not equipped with dash cams? Is that not allotted in your budget? To make sure that every car is serviced with a dash cam? Since when are your vehicles not equipped? When I hear about Boynton Beach, they're not equipped? Something is rotten in Boynton Beach, and we are ready to make a disposal of it every time we come to these meetings. Let's talk about it. You are denying his family meetings private meetings as public officials. Shame on you. Then you want to offer us public meetings. We want meetings in private so that we can know what's going on. So tonight, City Manager, I advise you pick up the phone, don't care who you get the numberfrom, call this family, schedule a meeting before next week. Chief I need you to get on your A game. If not, I am going to call for your resignation. It seems like all of you are sweeping stuff under the rug and I came to tell you the searchlight is one and we did not come to play, We are going to clean house until the house is clean. I've come to tell you we have demand. Let's start scheduling meetings. Let's get this dash cam video released. If not, we're going to the next level. Mr. Mayor, know you have your name in the Senator's race for Florida, but I don't know if you are going to win like this. Every time you say you are with us, you retract it and retract it, and you want us to support you. No way. So, our demands tonight as we have been requesting is to release the video and ultimately release the name of this officer who brutally chased down SJ. We want justice. We want accountability. We want full transparency because it is lacking in this City. Lakirie Hickman, 1990 NW 1St Street, said Lori moral of the story, we need you to resign. Stanley Davis, SJ's father, said Mr. Hay this is your district. It's been going on for far too long man. We got people that's not even a part of this District that is fighting with us. You stood up at my son's funeral and told us you had our back and now you're backtracking. Me, as a man, if I say something, I'm going to stand on it. Mayor, as a man, put yourself 18 Page 219 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 in my shoes. If that was your child, you'd want actions. Don't sit here and tell me we can't do this, or I don't want to do this, or the investigation is ongoing. We got a following. They feeding off our fuel as far as things that are going on in this community. I'm running out of patience. I have nothing. I have another child but to my other child, I'm not his dad. I'm nothing right now so I have nothing to lose. I want you all to understand where I'm coming from. I'm a patient man but I can get violent which means this can go a whole other way. don't care at this point. Y'all can lock me. I'm becoming inpatient. I'm not getting no answers. I'm not getting no solutions. I have nothing. I have an empty home. I have a child I'll never see walk through the door again and for you to be a man it's no way I can go back on what I say. I don't give a f**k the police are here right now. I'm going to stand with my heart. I'm not gonna let nobody make me feel otherwise. Here it is Mr. Hay, it's your District. You're supposed to stand on what's going on in this community. I'm not a bashful person. I don't care to get up and disrespect you but I'm gonna speak what I feel regardless how you feel about me after this meeting. I respected you as a man prior to this incident. You didn't have to get up to that funeral and say nothing. You are supposed to stand on what you said. I taught my son that. When he did something, he was accountable because me as a man that's what I instilled in my child. How does that make you feel to look another man in his face and tell me you gotta wait for something. I'd rather you just said we'll take the vote today rather than tell me you want to wait. That ain't what you said at that funeral and we ain't asked you for that. Mr. Grant, you got kids running around here but the difference is the skin color so your kid won't be policed like my kid would be. In my community, kids love the police. But over here they don't. They fear the police. I'm not saying he should or shouldn't be fired prior to this incident but anyone with common sense would have taken him and put him in another area. The reason you didn't is because y'all know he couldn't go nowhere else and police the way he do. You guys have the power to make a change and nobody's making change. If we go in an uproar, we'll see action but there's going to be blood being shed. Not saying that's the proper way to go but it seems things start to get moving when we make people of power uncomfortable. I honestly believe that's what you want so you can justify what happened to my child. I'm trying to be patient but how patient do you expect me to be? I call his mom crying and I'm supposed to be the man so that shows how broken I am. I don't have time. You guys want time. It's been over a month. Broken promises. The community is yearning for change. The only thing we asked for was a vote and I'd respect if you said no upon the vote. I can accept that. But, as a man, I cannot respect you telling me to wait. You lost a child, but you did not lose a child to violence so you ain't gonna understand my pain and rage. If I got up here and did something stupid, I'd be held accountable. The State Attorney didn't have to wait for anything. I was arrested right then and there and had to prove my innocence later. I'm only asking for what is right. The Chief reached out to me before the bike ride to tell me about the law but he's the same person we asked to change the narrative about my son and he said he couldn't. My son has been criticized. My son has been talked about bad and a lot of this was going on at the scene of the crime. My son is displayed all over the world. You guys still want me to have patience. My boy's 13 years old man. I'm a wreck. His mom's stronger than me and I don't know where I'd be without her and we weren't the closest friends prior to this incident. I don't eat. I don't 19 Page 220 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 sleep. I get up at 12:00 now. My whole day is nothing. Nothing gets accomplished. I had my brother go pay my light bill because my lights were off. I don't care about life anymore. So, if it's going to take for me to do dumb s**t to get action then that's what I'll do for my child. Tired of being peaceful and patient and getting no results. On the scene that day, things could have gotten ugly that day, but we chose to keep it peaceful. Lori, you didn't reach out to us. That s**t is disgusting. It shouldn't take for us to be disrespectful, rude, or violent for y'all to understand where we're coming from. Things gotta change or it's going to get ugly. It ain't just me. Things are patient and non-violent because of me. The only thing I have to say is go and it's gonna happen whether y'all feel like I'm that powerful or not. I can't stomach what you just said man. Y'all gotta make a change man. Kayla Franklin said this is our third meeting and we're still begging for something so simple that you have the power to do. What will you lose if you let this cop go? You won't lose your $250,000 salary? Mayor Grant asked if she is familiar with the Florida statute for Officer's Bill of Rights. The state legislature created a double standard for officers where they have a right to a full investigation before they have the opportunity to make a statement. Anything that affects the full investigation can allow for that officer to not seek any repercussions for many of their actions. So that is where the City is. We're not doing anything that would deny justice for SJ even though at the time it seems that we are waiting. This is the aspect of the investigation where we have to wait until FHP gives us the results. So that is where the current law from Tallahassee. Ms. Franklin said so Ms. Lori, when the other officer failed his drug test it took this long and y'all had to do all this with Tallahassee for you to fire him? Ok, thank you for that. My problem is it is not reputable because you are known for recanting. Outside of you coming to the scene where you said the officer and City is responsible. You remember you said that right? At our first meeting I asked you personally what is going on with you recanting. You said your wife told you to say that. Your wife's not the Mayor. You just sleep with her. You are the Mayor, so you went back on a statement regarding a 13-year- old child's life because your wife told you to say that. Mayor Grant said people were making threats and they currently are still making threats, and what I said was that my incomplete statement that the City and police... Ms. Franklin said I asked you what is this about you recanting. You was on my phone asking about the repass. We're gonna make right of this situation because this is wrong. Whatever you need done, we're gonna get done. You ain't done nothing to make it right. Mayor Grant said I was talking about the situation with Ezell Hester. Ms. Franklin said here you go recanting again. You're losing more and more respect instead of standing on your word and saying I did say this and I didn't say that. That's not 20 Page 221 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 what real men do. That's not what leaders of a City should be doing. It's real troubling. Mr. Hay when you came to the funeral and you told us you gonna make right. I specifically remember you saying, "it only takes a certain number of votes and you got mine." You said that. So, for you to sit here now when we're trying to get through this because y'all get to go home and sleep and live your life like nothing changed since December 26, but all our lives are altered. We can't eat. Can't sleep. Losing weight. We're depressed. You don't care Lori and we're asking you to go. Let somebody in there that actually cares. What are you losing by letting this officer go? Y'all probably be doing drugs. You get an officer go for from a drug test, but you don't let an officer go that's responsible for three lives. You got three bodies in a cemetery. But for Mark, you gotta wait for investigations. Y'all didn't wait to send out all those reports. My nephew was on the ground when the first article came out about him and who he was without the facts. When your Chief of Police was out there gonna make sure everything gets right again. So, when is the meeting and how are y'all gonna let us know about the meeting? Mayor Grant said I don't have that answer. So, my original plan was that at the next City Commission meeting we would let everyone know. So, I don't know when. Ms. Franklin said it looks like y'all are trying to push it back because y'all are not going to be in the chair. Mayor Grant said at this meeting, we can't tell you when it's going to be. I can tell you on February 22nd there is a scheduled meeting and on February 15th I can tell you all the details. Ms. Franklin said at that point we'll have been waiting two months since my nephew was killed. That's another thing, Mr. Hay, you cut us off when we were talking about voting. You said your focus was on SJ but why are we now penciling him in on an agenda. Why wasn't he on an agenda when he was killed by your officer on the 26th?Why today, when we're asking about voting homegirl out, your focus is on SJ? Why now? Mr. Grant has a lot to say tonight. Vice Mayor Hay said I haven't responded because of the interruption. It's one of those situations where whatever I saw is not going to be the right answer. When I was at the church and I said what I said, I meant that. It was my error not to say, "within the law." We have policies and procedures on the books that I don't necessarily agree with, but we have to operate within the guidelines and the law. When I saw it takes three votes to do things, I didn't think I had to say within the law. I'm not going to do anything outside policies, procedures, and the law. That will cause us to be subjective to possibly paying fines and going to jail. Ms. Franklin said so when Pernell was up here and he was speaking about super majority, that's part of policy correct? That's within the law. 21 Page 222 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 Vice Mayor Hay said I don't have the final report and I told you that. I'm trying to let you know that I'm going to wait on the final report from FHP. When I get that I will make a final decision. Ms. Franklin asked in cases like this, how long does it take for a report to come in? Vice Mayor Hay said I don't have that information. Unidentified speaker said the City of Boynton is the only city that has red camera lights. He ran a red light so there should be a video of all his actions since we don't have a dash cam. Why can't we get that? Mayor Grant said are you talking about Boynton Beach Boulevard and Federal? Unidentified speaker said there are red-light cameras and only the City of Boynton still has that. Mayor Grant said from my knowledge this is no red-light camera at that intersection. Unidentified speaker said from my knowledge, you look high as h**I. Lolonda Byrd-Davis, one of Stanley's aunts, said I posed a question at the last meeting via webinar about whether you guys came together to have a meeting about my nephew. You told me no. Here we are at another meeting, and he is not part of this agenda. How do we make this part of your future agenda because it's not going away? Lori, you stated in your memorandum about what's in your power and what you can do as far as hiring and firing. You stated you cannot do anything. At the end of your statement, it did not say you can't do anything. You stated, after the investigation is over, you can take a suggestion from the Chief so that lets me know it's still in your power to fire after this investigation is over. It does not release you from your duties. We are running out of patience. If you are going to uphold integrity and your title, we are looking at you to uphold your duties because every other situation you have been the common denominator. We need you to upload your abilities as well, not to see as if you cannot perform. The other issue is that you guys won't be here as this situation prolongs and it's dragged out so how can we ensure that he given his due process and his opportunity for justice? How do we know he will have a fair opportunity for his voice to be heard? Mayor Grant said you want to know how we continue to make sure that we get justice for SJ? Ms. Byrd-Davis said when you change over power to whoever comes in as Commission, because there is an issue he won't be heard, and it will be swept under the rug. How can we make this issue part of your future agenda? 22 Page 223 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 Mayor Grant said that is something the Commission will get to when we get to Future Agenda. Ms. Byrd-Davis said so you're going to get to it today, correct? Thank you. Quentin Davis joined virtually. He said we're back again for another week, looking at your d**n face, acting like you don't give a d**n. It's sad that the family have to ask y'all for something that they shouldn't even have to. I'm going to tell everyone the real reason they won't get rid of that officer is because that officer is doing y'all dirty work. Everything that child want to do, and you don't have balls to do, you send that officer out there to f**k up our lives, kill our children, and f**k us up all around. But, like I said, God sits high and looks low and every day that you come to work and have that stupid look at your face, he gonna see about you. That's all I can say sir. Ernest Mignoli, 710 NE 7t" Street, Unit 407, said he lives a block from where the incident happened. I was in that are working on a reckless driving video thing of how police don't protect children and handicapped trying to cross the walk. I'm videoing police cars not doing their job and then what happens happens. This City knows I do press work all over the world and right now mostly in NJ and NY and now in Boynton Beach. I was very close to the scene and why I tried to get near it and talking to the family and witnesses, one of the police officers told me you have a press pass. You need to leave. I said I'm 200 feet behind the yellow line and you're telling me to leave. When Boynton Beach Police are trying to cover stuff up and they tell you to leave, you better leave. So, I walked away and wound up about 600 feet and I was still able to get what I needed. Since I live right there, I kept coming back all day on foot. Every aspect of that incident is important. Every building. Every witness. Every mark on the road. Every sign. Where every police officer was. The Patrol Commander inside. What's an officer sitting there stalking? You're not on a radio or body cam or anything. Then I get very involved with the Police Department. The Mayor knows me. They're all telling everyone you better be careful Mr. Mignoli. The Mayor and the Council they all hate you. Let me talk about what's important. The Florida Highway Patrol is very conflicted with the Boynton Beach Police. They hang out at the Goodyear together. They go party together. These people are so conflicted. Can I tell you how conflicted they are? One of the problems I'm having with the news coverage, it happens to be controlled by who you are looking at up here, the stories are watered down. It's all a cover up. That's why your Chief doesn't stop texting during these meetings. He's over there texting what can we do to shut this down. The Boynton Beach Police Department Internal Affairs is so corrupt. The only way everything is going to work correctly is if no one to my left is here after March 8t" and I mean no one. If that gentleman somehow manages to get elected Mayor don't expect any justice in Boynton Beach to change. This City needs a real change. You don't have to worry about Mayor. He's gone. You don't have the worry about Romelus. She's gone. Who else is gone? Katz. Who you have to work around is Hay and Mr. Penserga. If that gentleman gets in, it will be the same old and let me tell you, in my research, including the City lawyer from Ft. Lauderdale for 30 years here. You have no idea what this law firm has done in the City with special 23 Page 224 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 deals. All kinds of stuff. When I saw that kid laying there, I feel like that's my kid. I'm going to get involved big time and I don't care how many of these characters threaten me. The Police come to my house and threaten me. They think it's funny. The Chief hiding out with that fake Covid. Then you got Spates the Internal Affairs guy. You don't want to know his record for covering things up. His record with this City Manager and City lawyer, forget it. I'm telling you the police, fireman, and City officials have gotten off for crimes and corruption. No more camera?You're with the Palm Beach Post, right?You're the one that is close to the Mayor. Watch the way they cover this tonight. If you look at what you all have allowed on your Facebook pages and the comments, you're eliciting to threaten this family. You think it's funny. The only thing you had was an honest moment when you said the cop is wrong and the City is wrong. Then you got afraid and change my story. No matter what happens, when you're gone, a lot of us will feel less fearful. You really engage police to go after people. Look at how your City lawyer denies OPRAs. Every time I ask your City about information about police that's public record, they won't give it to me. I'm interested in all the cases. You people are 100% when you say this group is a coverup artist. That lawyer, that City Manager, these Commissioners, they are covering every single thing up. Commissioner Romelus said you're done so. Mr. Mignoli said why don't you keep stealing our political signs. You know how much money I put in and you're stealing them all. Corye Readon, 631 Evergreen Drive, Lake Park, joined virtually. To the Davis family, I just wanted to let you know I'm here and still with you. I thought by now something would have come out or something would have been done but I don't know if somebody is playing games or if this thing needs to take its course. Mayor, I wanted to ask you, when you originally made your statement about it was the City's fault, I wanted to ask you what did you mean by that? Do you still stand by that? Mayor Grant said my comment was we should not blame the Police Department for the actions of an individual officers; however, the City and Police are responsible. I'm not judge and jury to decide who ends up with responsibility. I have the ability to make a decision about what's going on with the City Manager and City Attorney and make sure everyone speaks. At the next meeting, I said that the City and Police are responsible for a thorough and diligent investigation. There needs to be accountability and transparency and that we need to put safety and education as a priority. The problems that I had is that the media took my words and stated things that I didn't actually mean. I am here listening to what everyone says and answering my phone when somebody speaks. You're right, you guys got me. It is just a lot of emotions right now and we've been here now over four hours trying to do what we can to for the best of the City. I made a promise to get justice for SJ and that is what I plan to do. I'll be happy to speak with anybody on how I feel and what my thoughts are for the best way City should move forward. If the Commission so desires, at the future agenda meeting, we can have the ability to have regular updates 24 Page 225 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 about what is going on with SJ, that we have the conversation about the City Manager and City Attorney and because of the Florida Statute, there is not much more we can say. Mr. Readon said I know things take time. You guys got a time frame in mind because I don't want to say none of this is going to waste. I know you guys got to be tired of people shouting out you guys. We gonna be here day in and day out and not give up at all. Mayor Grant said the timeframe is out of our hands FHP and the County Medical Examiner are doing the investigation. The City Manager made in her statement about 180 days but that is just a guess. The only thing I have in reference to is how long it took to get justice for Corey Jones and that took 8 months. Mr. Readon said I'm sorry I'm gonna cut you off but does the 180 days does that start from the day the accident happens or does that happen the day the Florida Highway Patrol kicked in. Mayor Grant said that's just a guess. There's no statute that states we're gonna have an idea when it's coming forward. The other thing is, because of the Officer's Bill of Rights, there is not going to be any comment. That bill came after the incident with Corey Jones. Mr. Readon said thanks for your time Mayor. Yuri Konnikov, ITS Support Manager, said there is a question online from Dr. Stephanie Hayden-Adeyemo. The question is will you allow those that spoke once in virtual to go again? Mayor Grant said during Future Agenda the Commission will discuss whether the public will again have an opportunity speak for three minutes. Mercedes Morris, 112 NE 16th Avenue, said she's going to read something Shamarie sent about SJ in her absence. She read: "Hi, I'm Shamarie Davis, Stanley Davis' cousin. 1 can't be here today but please know 1 wanted to be here. Writing this is bringing me to tears just because 1 want to be at everything regarding him. 1 shouldn't have to write a speech for my younger cousin using past tense words to share memories we had together On January 26, it marked a month since SJ has been gone. It feels like I'm just starting to heal but hat specific day looking at that time at school it replayed the exact seconds minutes and what was happening during those hours a month ago for me. In second period at 8:23 1 remember the phone call me and SJ had about him coming over later when he got off the bike. In lunch at 11:40am 1 remember eating bagel sandwiches with my mom, my dad's stepmom, and our dog. At 12:20 ish 1 remember my dad getting that call and throughout the day 1 remember every moment that happened on December 26. At exactly what time it happened. 1 never remembered a day so vividly before until that day. 1 want one more day that 1 can 25 Page 226 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 remember vividly for years to come, and 1 want that day to be the day we get justice for SJ." Susan Oyer,140 SE 27th Way, said she wanted to speak on a different topic, but I wanted to let everyone speak their peace. This is off topic from what you have been talking about all night not that I do feel sorry for your loss. The charity I started, The St. George's Society of Palm Beach has been raising funds to plant trees around the world. We've already donated $13,500 to plant trees in Liverpool, England. We are now raising fuds to plant an urban orchard in Boynton Beach. I invited all of you to attend one of our fundraising events so we can raise money to plant trees in Boynton Beach. Funds are also being raised to plant trees in West Palm, Palm Beach, and Tanzania Africa. I hope you will consider getting involved in one of our events because we are raising money for this City. I also want to note I came and asked where the heck our Mayor photos are and they're still not up so find the boxes, take them out, and stick them on the wall. City Manager LaVerriere said I would say within a month. We've got them on order. We just got frames to match the d6cor of the new building. Alicia Reeves joined virtually. She is Stanley's aunt and Shannon's sister. I stated before I share the exact same sentiments as the speakers before me. I would like to address the citations that were issued at the one of the peaceful rallies for SJ. It was the event that started at the gas station which the officer pursued SJ and led to his demise. Mayor, you know that event ended up at a park in the City because I think you assisted with the permit. I could be wrong. I think it's so disheartening for your agency to sneakily issue citations to riders, and they blocked the event off. I think it was probably done at the direction of the Chief who was back there so unbothered with that baggy uniform. You need to right that wrong because it is unfair for motorists to pay for tickets while peacefully assembling. As you know that is a first amendment constitutional right. Earlier you mentioned the Florida statute Bill of Rights for the officers. You generically refer to it.What is the exact citation for it sir? Lori, you got to go. Bye. Mayor Grant said it is 112.532. Mayor Grant closed Public Comments. 5. Administrative A. Appointment of the eligible members of the community to serve in vacant positions on City advisory boards. 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 26 Page 227 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Proposed Resolution No. R22-023 -Approve utilizing The Village of Wellington, FL. Bid No. 202202 (rebid) and Authorize the City Manager to sign an agreement with K & B Maintenance Services, LLC DBA Professional Tennis Court Services of Loxahatchee, FL for Tennis Court Maintenance Services for an estimated annual cost of$79,000.00. The Village of Wellington's procurement process satisfies the City's competitive bid requirements. B. Proposed Resolution No. R22-024 -Approve the ranking as recommended by the Evaluation Committee for RFP UTL22-006 Tree Inventory Services and authorize the City Manager to sign a Professional Services Agreement with PlanIT Geo, LLC. of Arvada CO for Tree Inventory Services with a not to exceed amount of$50,000. C. Legal Expenses - December 2021 - information at the request of the City Commission. No action required. D. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for February 1, 2022 - "Request for Extensions and/or Piggybacks." E. Accept Proposed Resolution No. R22-025 —Approve and authorize the City Manager to sign an Agreement with Florida Atlantic University Board of Trustees, on behalf of The John Scott Dailey Florida Institute of Government at Florida Atlantic University of Boca Raton, FL to provide strategic planning support services in the amount not-to-exceed $24,000. F. Approve minutes from the January 18, 2022 City Commission meeting. Motion Vice Mayor Hay moved to approve the Consent Agenda. Commissioner Penserga seconded the motion. The motion passed unanimously. 7. Consent Bids And Purchases Over $100,000 A. 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 February 1, 2022 - "Request for Extensions and/or Piggybacks." 27 Page 228 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 B. Approve Proposed Resolution No. R22-026 - Authorize the City Manager to utilize the State of Florida DMS Alternate contract source number 43230000- NASPO-16-ACS for software licensing through Software House International and sign any associated agreement with Microsoft Corporation for a three-year period for an annual amount of$280,927.93. C. Approve Authorize utilizing the GSA contract GS-07F-173GA, previously approved on 9/1/2020, for the purchase of services for support and maintenance of citywide camera, access control, and Real Time Crime Center technology as needed from Broadcast Systems in the amount of up to $110,000. Mayor Grant pulled item 7C. Chief Michael Gregory stated it is not for any additional items and only for maintenance for all the City's facilities. Mayor Grant asked about the commercial component of the Real-Time Crime Center. He asked if the 7-Eleven on Seacrest and Woolbright has been connected with the City's Real-Time Crime Center. Chief Gregory responded that they are not connected yet, but they are in communication. He said Chief Snow has been working on the policy for how we interact and connect digitally with the commercial businesses. He acknowledged a delay with the Florida Department of Law Enforcement getting the network connection approved. It was approved today. He noted a component where the public can register privately-owned cameras to assist in identifying suspects in the community. The commercial aspect is a voluntary program and businesses can opt in or opt out. Sandra Watson, 348 Boynton Bay Circle, asked about the cameras being discussed and whether they will include cameras on Federal. She inquired whether the businesses on Federal can volunteer to be tied in. Mayor Grant confirmed that's a possibility once the policy is in place. Chief Gregory confirmed they will be heavily promoting the program once it is up and running. It is a registry program for privately-owned cameras. He said they will not be monitoring them 24/7. They will be used for follow-up after a crime has happened. Mr. Mignoli said he received threatening texts and emails after the last meeting. He talked about a personal interaction at the intersection of Ocean and 1 st and cameras. Dr. Hayden-Adeyemo asked said the agenda items are merging into a theme of oversight and accountability. She recommended greater oversight of any federal grant funding that is for City Police. 28 Page 229 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 Motion Commissioner Romelus moved to approve the Consent Bids And Purchases Over $100,000. Vice Mayor Hay seconded the motion. The motion passed unanimously. 9. City Manager's Report A. Approve City Hall Cafe Space RFP Scope of Work presented by David Scott, Director of Economic Development and Strategy. David Scott, Director of Economic Development and Strategy, presented the City Hall Space RFP Scope of Work. He noted they have received a lot of interest from the public to participate in the RFP. He reviewed the Operator, Operations, Objective, and the Proposed Schedule. Mayor Grant noted this includes an opportunity within the Arts & Cultural Center and a public workshop as well. Mr. Scott confirmed the same vendor has an opportunity to serve both City Hall and the Arts & Cultural Center. Motion Commissioner Romelus moved to approve the City Hall Cafe Space RFP Scope of Work. Vice Mayor Hay seconded the motion. The motion passed unanimously. 10. Unfinished Business A. Hear Continue discussion for clarification to staff on language to be included in the Resolution and on the Plaque for the Progress Pride Intersection. Gemma Torcivia noted she was happy for the reconsideration and the opportunity to work with the Mayor, City Attorney, and Attorney General on the updated language. Mayor Grant asked about the changes and read Section 1 of Boynton Beach Progress Pride Memorial Intersection for the record. He asked staff to review grammar. Motion Commissioner Penserga moved to approve Item 10A. Commissioner Romelus seconded the motion. The motion passed unanimously. 11. New Business 29 Page 230 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 A. Hear Mayor Grant has requested a discussion regarding naming the urban orchard at Sara Sims Park for Latosha Clemons. Mayor Grant received an email from Chief Clemons requesting Fire Station 1 be named after her. The email listed her contributions to the City. He recommended the Fire Station 1 be named the Deputy Chief Latosha Clemons Boynton Beach Fire Station. Mayor Grant asked the Commission to approve bringing the request in front of the City's Historic and Resources Preservation Board for consideration. Vice Mayor Hay said the Commission needs to consider other"firsts" in the City including Lamar Wright, the first black City Councilman. He discussed other firsts in the City and expressed concern about the precedent that is being set. Discussion ensued about notable residents and naming. Ramona Young, 101 S. Federal Highway, believes this recommendation rights a wrong and shows the City is trying to do better. She suggested creating a program of the City's history to share with others. Commissioner Penserga thinks Chief Clemons is deserving of the honor. He recommended looking at other cities to determine what criteria they established to name buildings. Mayor Grant described recent contributions of Ms. Clemons. Commissioner Romelus noted it is similar to the resolution they just passed for the Progress Pride plaque, and they can take the same action for Deputy Chief Clemons. Motion Commissioner Romelus moved to approve brining the request to name Fire Station 1 after Latosha Clemons to the City's Historic and Resources Preservation Board, with a recommendation to follow by March 1. Commissioner Penserga seconded the motion. The motion passed unanimously. Irwin, 1050 SW 4t", stated Latosha Clemons is a legend and acknowledged her accomplishments. Unidentified speaker addressed Vice Mayor Hay and criticized him for his objection to this item. Vice Mayor Hay clarified that he is not against the item. He noted he is trying to bring more historical recognition. 30 Page 231 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 Ms. Byrd-Davis acknowledged Latosha Clemons and said she is deserving. Monica Roundtree agreed the station should be named after Latosha Clemons. She believes Ms. Clemons was denied the opportunity to be the Chief of Fire. She suggested Vice Mayor Hay should be in support. Ms. Morris asked Commissioner Penserga why the City needs to see what other cities have done. She expressed dissatisfaction with the white washing of the previous honor. City Attorney Cherof asked for the motion to be read again. He noted the City has a policy for naming buildings and it is located in Code Section 2-22 adopted by ordinance in 2006. He noted it sets forth a procedure that starts with the City Commission but there is a process for reviewing community input as well. He read the ordinance. Motion Commissioner Romelus moved to approve bringing the request to name Fire Station 1 for Latosha Clemons to the City's Historic and Resources Preservation Board and to the Advisory Board set forth by the City Manager, with a recommendation to follow by March 1. Commissioner Penserga seconded the motion. The motion passed unanimously. City Manager LaVerriere asked Commissioner Romelus to clarify if she meant naming the building or erecting a plaque. Commissioner Romelus stated she meant a plaque. Mayor Grant noted that was not his intention. He was recommended the entire building be named, with a prominent display for Ms. Clemons name. Dr. Hayden-Adeyemo is in support of naming the building after Ms. Clemons. She spoke of erasure. Ms. Oyer asked if the language for the previous item for Progress Pride and whether that the is the same process as what is being suggested. City Attorney Cherof outlined the difference based on the specific policy of naming City buildings. Commissioner Romelus asked if the recommendation will come back to the Commission by March 1. City Manager LaVerriere said the Board meets late in the month, but staff will pull together information to try to meet that deadline. 31 Page 232 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 B. Mayor Grant has requested a discussion on creating a Citizens Engagement Committee for Police Department. Mayor Grant noted he had a conversation earlier in the week with Chief Gregory, but they did not see eye to eye. He said a Citizens Engagement Committee allows the Chief to hear feedback from the public in order to improve customer service. He referenced the Police Advisory Board in Delray Beach. He discussed body and dash cams, bias policing in traffic stops, and the City's Police Department logo. He suggested any advisory board complete the Police Academy Training. He said a quarterly crime statistic update and an Internal Affairs update in the Sunshine would be valuable for the City. Commissioner Penserga likes the idea. He asked staff for models from other cities. Vice Mayor Hay agreed with the idea as well. He recommended the committee serve in an observation standpoint and not as policy one. He believes community involvement would be healing. Mayor Grant encouraged Chief Gregory to convene a task force for more high-level items. Commissioner Romelus said it's merited and has been asked for from the public for a while now. She stated there's a disconnect between when residents have a grievance and going to the Police and being taken seriously. She invited the public to continue to share so bridges can continue to be built. She also mentioned accountability and recognizing officers that are doing the right thing. She supports the Citizens Engagement Committee. Commissioner Penserga asked if the board would be serving under the Commission or the Police Chief. Mayor Grant confirmed it would be serving under the Commission. Commissioner Romelus suggested it should not be an Advisory Board so they are not subject to Sunshine Law so they can talk each other and the public. Mayor Grant said in order for an entity to make recommendations they would need to be an Advisory Board and they must meet in the Sunshine. Commissioner Romelus asked the City Attorney Cherof if there is a middle ground between what Mayor Grant is recommending and her concerns. City Attorney Cherof said the middle ground is an independent committee that forms itself and the City Manager directs City Staff and the Police Department to engage with them in discussion. The independent committee would appoint a liaison to the City 32 Page 233 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 Commission. He said you would lose transparency because an independent committee has no obligations to open the meeting to the public or share what they discuss. Vice Mayor Hay referenced the Boynton Beach Mental Health Committee and how it functions. He agrees with the desire for members to be able to speak freely. Chief Gregory said he's an advocate for departmental transparency, increasing dialogue, and engaging with the community. He shared ways they engage with the community and organizations. He does not want to see anything that creates obstacles for public engagement. He acknowledged the lack of trust from the public. He disagreed with the Advisory Board members attending the Community Police Academy. From his experience, diversity is limited and not inclusive. He noted many of his officers do good work and need to engage with community members. His goal is to remove hurdles that create obstacles to transparency and engagement. Mayor Grant believes the Advisory Board creates a neutrality. Commissioner Penserga asked for clarification about whether they are looking to approve an Advisory Board or something more flexible. Commissioner Romelus asked City Attorney Cherof if the Commission can place stipulations. City Attorney Cherof said they will need to define their power and authority. Commissioner Romelus would like to see this as a Committee that can review public concerns, different things that are relevant to the purview of the Commission, report to the Commission on a monthly basis, and continue henceforth. City Attorney Cherof said it may be challenging to draft it since it is hybrid. Ms. Young asked what would be involved in Police Academy Training. Mayor Grant clarified it is an Orientation. He said the City does have a Citizens Police Academy, but the Chief suggested an Orientation would be enough. Commissioner Romelus recommended the Orientation be a one-day retreat that truncates the Police Academy. Mr. Mignoli asked why the Chief's Record Department gives people a hard time for records that are part of Florida Law? He recommended a Police Oversight Board with subpoena power. 33 Page 234 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 Dr. Hayden-Adeyemo recommended the City Staff and City Attorney to look at similar cities that have similar challenges. Mayor Grant closed the public comments. Mayor Grant prefers the concept of an Advisory Board. He noted this is not an Oversight Board. Motion Commissioner Romelus moved to approve asking City Staff to bring back information from other municipalities that are reflective of our municipality and talk to each Commission member about preferred parameters and bring back to the next Commission meeting for a vote to move forward. Commissioner Penserga seconded the motion. The motion passed unanimously. 12. Legal A. Proposed Ordinance 22-004 - First Reading - Approve Mural Ordinance creating a mural standards section in the City's Land Use Regulations. Attorney Cherof read Proposed Ordinance 22-04 on First Reading by title only. Mayor Grant asked if this procedure is for any City property. City Attorney Cherof confirmed it is for all buildings. Glenn Weiss, Public Arts Manager, said the second reading will include the policy and procedures and guideline amendments. Ms. Oyer spoke in opposition of the ordinance. Mr. Mignoli said he filed some OPRAs for art that some political candidates want to have around the City. He expressed dissatisfaction and accused the Commission of coverup. Commissioner Romelus stated for the record that everything the Commissions does it in the Sunshine. Everything is public record. She expressed her frustration about Mr. Mignoli's accusations. Mayor Grant asked if the Commission could designate certain art districts on private property that to be exempt from the mural ordinance. 34 Page 235 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 Mr. Weiss said it may be possible within the guidelines itself and confirmed, from his understanding, there has not been approval for the murals in the Arts District. He noted it should still meet community standards, even if it is located in the Arts District. Commissioner Romelus asked if they could create a digital process for application and approval. Mr. Weiss said the current Arts Board is very efficient and typically turn around with decisions within three weeks of submission. City Manager LaVerriere noted the old Code treated murals like signs. Murals were extracted in this ordinance. Mr. Weiss said this is how it was prior. Nothing is changing. Motion Commissioner Penserga moved to approve Proposed Ordinance 22-004— First Reading. Commissioner Romelus seconded the motion. The motion passed unanimously. Vote City Clerk Gibson called the roll. The vote was 4-0. B. Proposed Ordinance 22-005 - First Reading - Approve Ordinance Amending Chapter 26 entitled "Water, Sewers and City Utilities," by Amending Article I, entitled "In General," to create §26-6, entitled "Conditions for Utility Service; Penalties," establishing requirements for utility service, penalties for non-compliance, and appeals; amending Article "IV" entitled "Sewers," §26-57, entitled "Connections Required," to amend the time period to connect to sewer; providing for severability, conflicts, codification, and an effective date. Attorney Cherof read Proposed Ordinance 22-05 on First Reading by title only. City Attorney Cherof said individuals who have a septic system would be compelled to connect to the City's sewer system. Mayor Grant asked about the costs to connect to sewer. City Attorney Cherof replied the ultimate cost is they do not have water. Mayor Grant asked specifically about grant funding for those who are forced to connect and cannot meet the costs. 35 Page 236 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 City Attorney Cherof said there are procedures for a payment plan and an appeal. Motion Vice Mayor Hay moved to approve Proposed Ordinance 22-005 — First Reading. Commissioner Penserga seconded the motion. The motion passed unanimously. Vote City Clerk Gibson called the roll. The vote was 4-0. 13. Future Agenda Items A. School Board Member Erica Whitfield has requested to present the 2021- 2022 School Year State of Education Report to the City Commission. - February 15, 2022 B. Staff Discuss potential Parks Bond Referendum and approve resolution to enter into agreement for Parks Master Plan for CAPRA accreditation and potential Parks Bond Referendum. - February 15, 2022 C. Award Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - March 1, 2022 D. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD E. Proposed Ordinance No. 21-025 First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD F. Mayor Grant has requested a discussion on JKM lawsuit - TBD G. Discuss Building Safety Inspection Program - (Pending outcome of 2022 legislative session) Mayor Grant recommended adding the Town Hall Discussion at the next Commission Meeting regarding the incident form December 26, 2021, and is announced at that meeting. Mayor Grant said he heard information that the developer in the JKM lawsuit has listed the property for sale. He wants to know when the trial will be. 36 Page 237 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 Mayor Grant stated, pursuant to his conversation with Mr. Davis, he is requesting that the current Commission provide the new Commission with the opportunity conduct an RFP for a headhunter for the City Attorney and the City Manager. He asked for the item to be added to the April agenda. City Manager LaVerriere stated that an RFP is not necessary. In the past, they've done quotes. Commissioner Romelus noted she would be in favor of hosting a workshop prior to the February 15 meeting. City Manager LaVerriere confirmed the meeting with the Chief is already planned for February 22 at 6:00 P.M. Location to be determined. City Attorney Cherof noted the City Attorney's Office is happy the City Manager honors the rule of law and is following the legal standards for allowing an investigation to be concluded. He said he hopes the end result is something that the City Staff and the public are satisfied with as being a fair investigation with the proper outcome. Mayor Grant said more education about Marcy's Law is needed and wanted by the public. Another topic of discussion is the training the officers go through to be on road patrol. City Attorney Cherof said that's why he asked what the agenda is for the meeting so they can prepare information. Vice Mayor Hay said he planned to attend the February 22 meeting and if other Commissioners plan to attend they should not be discussing their opinions because of the Sunshine Law. City Attorney Cherof said if more than one Commissioner plans to attend, they will post as a public meeting, so as to not violate the Sunshine. Commissioner Romelus said the meeting should be led by the City Manager and the Police Chief. She does not plan to attend on February 22. She believes the Town Hall should be the opportunity for the public to ask their questions. Mayor Grant plans to attend but no plans to speak. He responded to a question posed online by Monica Kleckley. He stated the Davis Family asked for a meeting before February 22, but he believes there should be time to allow the City Manager, City Attorney, and Chief of Police to gather information in preparation of the meeting. City Manager LaVerriere confirmed they can host a private meeting with the Davis Family next week. 37 Page 238 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 Commissioner Penserga has requested for Future Agenda that City Staff begin researching what it would take to have dash cams on all vehicles and present it to the Commission. He is interested in the cost and procedures to install in all patrol vehicles. City Manager LaVerriere confirmed that is currently underway. Discussion ensued about the headhunter for the City Manager and City Attorney for the next Commission. There was no consensus to move forward with hiring a headhunter. 14. Adjournment There being no further business to discuss, the meeting was adjourned at 11:42 P.M. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Ty Penserga Commissioner— Justin Katz Commissioner—Woodrow L. Hay Commissioner— Christina Romelus 38 Page 239 of 604 Meeting Minutes City Commission Boynton Beach, FL February 1, 2022 ATTEST: Crystal Gibson, MMC City Clerk Tammy L. Stanzione Deputy City Clerk 39 Page 240 of 604 7.A. Consent Bids and Purchases Over $100,000 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Add scope to Task Order UT-1 E-03 with Alexis Knight Architects, in the amount of$55,753 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to add the design of a replacement force main to the Mangrove Park and the Boynton Beach Boulevard Extension Project. Explanation of Request: In July 2020, a Purchase order for $34,757 was issued for work that included, lighting and security design, and irrigation for Mangrove Park and the Boynton Beach Boulevard Extension. Engineering and landscaping were completed by in-house staff. Last year, the task order was amended to $132,960.00, to include a request from Casa Costa for additional parking and design for a new security data building. November 2021, The Boynton Beach Blvd. Extension had to be closed for emergency repairs to the Utility Department's 44-year-old, 20" force main. This proposal is for the engineering design to replace about 500 lineal feet of 20" force main from Lift Station 356 to NE 6th Court. The design fee of$55,753 will bring the total task order to $188,713. How will this affect city programs or services? This additional scope will allow for the replacement of an aging 20" force main concurrently with the improvements to Mangrove Park. Boynton Beach Blvd Extension will already be closed to allow for the proposed improvements. By approving the scope increase, the impact to the community will be limited to one temporary road closure. Fiscal Impact: Funding will be provided by from the Utility Department's Cl P Force Main and All Valves R&R account(Acct No. 403-5000-535-65-04, SW R064). Alternatives: This replacement is required, however, Commission could elect to delay the design and replacement. This project will proceed to construction this year, and Boynton Beach Blvd Extension will be closed for the current project. If the replacement is not included with the current project, the road will be excavated at some time in the future. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 241 of 604 Is this a grant? Grant Amount: Attachments: Type Description D Attachment Attachment 1 ®Additional Scope Proposal Page 242 of 604 ALEXIS KNir3HTAPCH1TECTS Sustainable Design+Innovative Solutions January 11, 2022 Mr. Gary Dunmyer, MBA, P.E.G.C. Director of Public Works and Engineering Public Works-Administration P.O. Box 310 Boynton Beach, FL 33435 dunmyergCo)bbfl.us RE: REV/SPD: Proposal for Professional Services: Force Main Replacement Boynton Beach Boulevard Extension Project Task Order# UT-2E-03 Boynton Beach, FL 33435 AKA No. 20.0044 Dear Mr. Dunmyer; Alexis Knight Architect, Inc. (AKArchitects) is pleased to provide this proposal for professional services. These additional services include the tasks defined in this proposal and will result in the preparation of the construction drawings to accommodate the replacement of the force main located within the area of the Boynton Beach Boulevard Extension Project, in Boynton Beach, Florida. Please review the enclosed Architectural Services Agreement including Attachment A: Scope of Services, Attachment B Professional Fees, Attachment C: Standard Hourly Rates and Attachment D: General Conditions, and if acceptable, sign and return this agreement. AKArchitects will begin this project within five (5) business days of receiving written acceptance and execution of this agreement services. This written proposal will be valid for thirty (30) days from the date of this proposed agreement. Sincerely; fightchitqct, I Steven W. K" ht, R.A., I.A. President cc: Project File Mrs. Paola Mendoza; The City of Boynton Beach Public Works; Engineering Mr.Anderson Slocombe; The City of Boynton Beach Public Works; Engineering ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street,Suite 102 Boynton Beach,FL 33435 561 374 9242 sknight@akarchitectsinc.com 1 Page 243 of 604 Architectural Service Agreement January 11, 2022 REVS SPD: Proposal for Professional Services: Force Main Replacement Boynton Beach Boulevard Extension Project Task Order# UT-2E-03 Boynton Beach, FL 33435 AKA No. 20.0044 This proposal is hereby issued this 11th day of January, 2022 and shall become the agreement between The City of Boynton Beach, subsequently referred to as the "Client, and Alexis Knight Architect, Inc. (AKArchitects), subsequently referred to as the"Architect." These services are being offered under our current General Consulting Services Agreement dated August 22, 2018. By joining in this Agreement, the Client retains Alexis Knight Architects, Inc. to provide the services defined in this proposal and will result in the preparation of the construction drawings to accommodate the replacement of the force main located within the area of the Boynton Beach Boulevard Extension Project, in Boynton Beach, Florida, subsequently referred to as"Project." By this Agreement, the scope of Alexis Knight Architect's services for this Project is limited to that described in Attachment A:Scope of Services. Client agrees to compensate Alexis Knight Architects for providing the above services in the manner described in Attachment B Professional Fees. Client agrees to compensate Alexis Knight Architects for services in the manner described in Attachment C: Standard Hourly Rates as described in our General Consulting Services Agreement dated August 22, 2018. Client agrees to the contractual conditions as described in our General Consulting Services Agreement dated August 22, 2018. -,a Alexis Knight Architect,Inc. B Steven W. KNht Title: President Date: January 11, 2022 Client: Mr. Gary Dunmyer By: Date: ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street,Suite 102 Boynton Beach,FL 33435 561 374 9242 sknight@akarchitectsinc.com 2 Page 244 of 604 Architectural Service Agreement Attachment A: Scope of Services January 11, 2022 REV/SED: Proposal for Professional Services: Force Main Replacement Boynton Beach Boulevard Extension Project Task Order# UT-2E-03 Boynton Beach, FL 33435 AKA No. 20.0044 Project Description: This project includes the improvements and extension of selected portions of Boynton Beach Boulevard in Boynton Beach, Florida. The City of Boynton Beach will be replacing approximately 540 LF of existing 20" force main from lift station number 356, where the pipe exists, and running westerly down Boynton Beach Boulevard, to the NE 6th Court Right of Way, located within limits of the Boynton Beach Boulevard Extension Project. The work proposed for this area shall be limited to that as illustrated in the attached drawing. Scope of Basic Services: AKArchitects is hereby offering the basic professional architectural and civil engineering services as defined in this proposal. These services shall include the additional permitting and construction administrative services for the Boynton Beach Extension project. The following firms will provide services: Alexis Knight Architects, Inc.......................................................................................Architectural Services Engenuity Group, Inc...................................................................................................Site Engineering As a continuation of the current contract for services,AKArchitects will hire, hold the contracts for services and oversee these firms as part of their services to be provided by AKArchitects under this agreement. The following basic services will be provided: Due Diligence and Field Work: AKArchitects and their Consultants will provide the field work for this project. The scope of the project field work will include the following: • The Architect and the Civil Engineer will visit the property and observe the conditions of the existing site. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street,Suite 102 Boynton Beach,FL 33435 561 374 9242 sknight@akarchitectsinc.com 3 Page 245 of 604 * The Civil Engineer will evaluate and review the as built drawings to best establish and understand the conditions which currently exist inthe area ofthe force main hoboreplaced. * The CiVi| EDgiD88rW|| provide the 88Nic88 D8O8G83ry to revise the 8Xi8dDg 8UN8y to iDO|Ud8 8ddifiOn8| UU|itY Information. * The CiVi| EDgiD88rWU provide the QerVic88 D8O8G83ry to 8V8|U8U3 the existing cOnditIOD8wthiD the area Ofnew work, tO8stab|i8hwhether Ornot any cOnflicts8Xist. Preparation of an Opinion ofthe probaWe Cost for Construction AKArchit8Dt8VVi|| pr8p8r88nOpiDiOnOfth8PrOb8b|8COQtforCOn8trUCtIOn. • The Cost E8d081iDg COn8U|t8ntVVi|| prepare 8 cost estimated, based On the CQOnp|8t8d cOn8t[UctiDn dr8VViDg8. • Thi8d8|iV8r8b|8VVi|| iDC|Ud88|iD8-it80cost presentation and 8|U0pSLIM V8|U8. Subsurface Utility Engineering Services: The Civil Engineering firm will provide Subsurface Utility Engineering (SUE) including: * The use of ground penetrating radar(GPR)within the scope area and show them on the survey. * Electromagnetic locating todetermine where the underground uU|iUoo are within the scope area and show them onthe survey. * The Civil Engineering firm will perform soft digs (excavations)from our subcontractor at six (6) locations to be determined to identify and locate any potential conflicts with existing utilities to help support the design process. Construction and Permit Documentation Phase Services: Once the additional due diligence and the field work have been oomp|o0od' the design team will provide the services uorequired homodify the current Construction and Permitting Documents. AKArnhi0anta and their Civil Engineer will prepare the additional drawings and specification annotations as required hodefine the proposed new work. AKArnhi0anta will incorporate any additional plan work, drawings, details and specifications in to the current construction bid documents. The commencement ofthe work for these additional services will occur, once authorization has been received. These modified drawings will be implemented through the Addendum pr00000' during the bidding phase of the current extension project. The project oomi000unddo|ivorub|000huUino|udomodifioekiono0o1hofoUowing: * Revised site demolition plan and annotations. ALEXIS KNIGHT ARCHITECTS 1OOwE6th Street,Suite 102 Boynton Beach,FLaa43m 5613749242 oknioxt@akammteotsino.ovm 4 Page 246 Of 604 * Revised 8rchit8DtUGd drawings iDdUdiDg d80D0On site ikan, new work site pian and 0isc03n8OU8 st8 improvements annotations. The DUrr8ntcOn8trUCtiOn and permitting pians MU be revised to 8XcUd8 the area refined 88the ROUDd8bOUt. This area MUbB"8h8d8d"tOindicate the 8pproXi08U3|yareas Ofwork tO bB8X(kUd8d. |Daddition, these modifications MUiUUStr8U3the pedestrian paths and areas tOb8maintain tOaccommodate both V8hiCU|3rand pedestrian traffic. * Site civil engineering drawings miscellaneous site improvements annotations. Permitting Assistance: AKArohi0oo1o' consultant will provide 0oohniou| criteria, written descriptions, and design data for filing applications for permits from the following governmental authorities having jurisdiction to review or approve the design of the Project: * Boynton Beach Utilities Department-Wastewater permit. * Boynton Beach Engineering Department—R8Npermit * Palm Beach County Health Department—Wastewater permit. AKArohi0oo10 and their consultant will issue n00000ury interpretations, revisions and clarifications and pnopuno drawing revisions required by the building permit agency during the permitting process. Any additional permitting submittals associated with QionYo design or plan revisions, or changes in project scope, will boprovided for unadditional fee. Bidding Assistance: AKAmhiteotswiU provide additional bidding assistance services for this project. The Architect will work in tandem with the Client's General Contractor during the bidding phase ofthe project. Preparation OfAdd8DdU0tOthe Base Bid DOOUOn8Dt8: � The Architect MUmake necessary modifications 1Dthe bid dOOU08nt8. iDC|UdiDgthe preparation Ofthe r8qUir8d8dd8DdU0for the 8dditiOn3|work 88defined iDthis pnOpOQ3L Construction Administration: AKArohi0oo1ovviU provide additional construction phase administration services for this project. Once the permits for the new work have been issued by the |oou| authority having jurisdiction and the construction phase of the project begins, the Architect and Engineer will provide the construction phase administration oomi000' defined herein. The Architect and Engineers will provide the following services: Pr000notruoUonConfononoo: * The Architect and Civil Engineer will attend a Preconstruction Conference prior to commencement of Work at the Site. ALEXIS KNIGHT ARCHITECTS 1OOwE6th Street,Suite 102 Boynton Beach,FLaa43m 5613749242 oknioxt@akammteotsino.ovm n Page 247 Of 604 Observation Services: • The Architect and Engineers will observe the project during the construction phase, to ensure that the materials, assemblies and finish product is consistent with the work included and defined in the construction documents. • The Architect and Engineers will provide eight (8) site visits and progress reporting. A site visit report will be prepared, defining the work observed and in progress. • The Civil Engineer will review required Special inspections or tests of contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. engineer shall be entitled to rely on the results of such tests. field testing of materials is not included in engineer's scope of services. Administration Services: • The Architect and Engineer will review shop drawing submittals issued by the General Contractor. • The Architect and Engineers will review monthly applications for payment as submitted by the general contractor. • The Architect and Engineer will answer RFI's and questions from the field and provide written clarification to the Client and contractor. • The Architect and Engineer will provide written clarification and drawing revisions as required by the local permitting authority. • The Civil Engineer will provide Completion of Construction Certifications. Prepare completion certifications and submit to the following agencies: o Boynton Beach Utilities Department-Wastewater permit. o Boynton Beach Engineering Department—R/W permit o Palm Beach County Health Department—Wastewater permit. • The Civil Engineer will, after notice from contractor that contractor considers the entire work ready for its intended use, in company with owner and contractor, conduct a review of the work to determine if it is Substantially Complete. • The Civil Engineer will conduct a final review to determine if the completed work of contractor is acceptable. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street,Suite 102 Boynton Beach,FL 33435 561 374 9242 sknight@akarchitectsinc.com 6 Page 248 of 604 SchedWe- AKArchnects and th6r Eng neer WH commence work as soon as aUthoruzed. The addendUM, wNch WH unCkjde the new work and pans developed as part of fis reuse d propoA, WH be competed as reqUured to uncorporar.e anto the base M 'r ands b6ng rue sed for Ms. For the pUrposes of fis propoA, we are esfimaring seven (7)weeks to compuete the work for Ns addendUM. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street,Suite 102 Boynton Beach,FL 33435 561 374 9242 sknight@akarchitectsinc.com 7 Page 249 of 604 Architectural Service Agreement Attachment B: Professional Fees January 11, 2022 REVISED: Proposal for Professional Services: Force Main Replacement Boynton Beach Boulevard Extension Project Task Order# UT-2E-03 Boynton Beach, FL 33435 AKA No. 20.0044 Basis of Charges: Charges for basic professional services performed by our firm for services listed in the SCOPE OF SERVICES will be made on the basis of a Lump Sum Fee in the amount of$55,753.00, excluding expenses for printing costs, permit and application fees. Project Due Diligence ................................................................................ $ 5,079.00 Opinion of the Probable Cost.of ConstrUcflon......................................................... $ 3,260.00 Subsurface Utility Engineering Services......................................................... $ 7,539.00 Construction Drawing Preparation Services.................................................... $23,025.00 Permitting Assistance Services..................................................................... $ 6,589.00 Bidding Phase Servlces.............................................................................. $ 2,122.00 Construction Phase Services........................................................................ $ 8,139.00 Total $55,753.00 The additional services defined in this proposal will be provided on an hourly basis. A Not To Exceed fee, excluding expenses,will be negotiated for each additional task. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street,Suite 102 Boynton Beach,FL 33435 561 374 9242 sknight@akarchitectsinc.com 8 Page 250 of 604 Architectural Service Agreement Attachment C: Standard Hourly Rates January 10, 2022 REV/SED: proposal for professional Services: Force Main Replacement Boynton Beach Boulevard Extension Project Task Order# UT-2E-03 Boynton Beach, FL 33435 AKA �No. 20.0044 �/ \LEXIS KNIGHT , INC Standard Hourly Rates Effective January 2022 Hourly Rates are as included in our general agreement Charges for additional professional services performed by our firm for all services listed in the Scope of Additional Services or as otherwise requested by the Client will be performed on the basis of an Hourly Fee excluding expenses. Billings will be issued at least monthly and will be based on the estimated percentage of the total scope of services that has been completed. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street,Suite 102 Boynton Beach,FL 33435 561 374 9242 sknight@akarchitectsinc.com 9 Page 251 of 604 Alexis Knight Architect Inc. 100 NE 6th Street,Suite 102 Bo nton Beach,FL 33435 Telehone'.5613749242 Fee ;Boynton Beach-Boynton BeachBoulevard Extension Project-Force Main Replacement Jan.11,2022 Project Due Diligence $5,079.00 ....,:Opinion of the Probable Cost of Construction $3,260.00 Subsurface Utility Engineering Services $7,539.00 Construction Dravving Preparation Services $23,025.00 Permitting Assistance Services $6,589.00 13idding Phase Seriiees $2,122.00 Construction Phase Services $8,139.00 Total Task Fee IS 55,753.00 Alexis Knight Architects Architectural Services Personnel Principal Project Mangr Senior Arch Architect CADD Tech Admin Total Hours Hourly Rate $135.00 $95.00 $85.00 $75.00 $75.00 $66.00 Hours Total Fee Task Description Project Due Diligence 1 4 0 0 0 0 5 $515.00 Opinion of the Probable Cost of Construction 2 6 16 0 0 0 24 $2,200.00 l- Subsurface Utility Engineering Services 1 4 0 0 0 0 5 $515.00 Construction Drawing Preparation Services 1 16 0 1 0 24 0 41 $3,455.00 1S Permitting Assistance Services 1 6 0 0 2 0 9 $855.00 Bidding Phase Selviees 2 3 3 0 2 0 10 $960.00 1. Construction Phase Services 1 8 0 0 2 0 11 $1,045.00 $000 Total Hours 9 47 19 0 30 0 105 105 Total Task Fee $1,215.00 $4,465.00 $1,615.00 $0.00 $2,250.00 $0.00 $9,545.00 Engenuity Group,Inc_ Civil Engineering Personnel Principal Project Manager Project Engineer Tech/Surveyor CADD Tech Admin Total Hours Hourly Rate $130.00 $120.00 $95.00 $85.00 $75.00 $66.00 Hours Total Fee Task Description Project Due Diligence 4 16 16 4 0 4 44 $4,564.00 i Opinion of the Probable Cost of Construction 1 3 6 0 0 0 10 $1,060.00 ri Subsurface Utility Engineering Services 4 16 24 24 0 4 72 $7,024.00 i Construction Dravving Preparation Services 16 48 48 6 80 10 208 $19,570,00ri Permitting Assistance Services 4 16 24 0 10 4 58 $5,734.00 Bidding Phase Services 2 2 4 0 2 2 $1,162.00 Construction Phase Services 4 16 24 16 10 4 $7,094.00 $0.00 :Total Hours 35 117 146 50 102 28 392 478 Total Task Fee $4,550.00 $14,040.00 $13,870.00 $4,250.00 $7,650.00 $1,848.00 $46,209.00 Total Fee $55,753.00 Page 252 of 604 7.B. Consent Bids and Purchases Over $100,000 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Approve and authorize acquisition of commodities from IXOM Watercare, Inc. for the purchase of MI EX Doc Resin with an estimated annual expenditure of$330,585. Explanation of Request: IXOM Watercare, Inc. is the sole manufacturer and provider of its brand products, which are the only parts and components compatible with the existing IXOM equipment, including the Magnetic Ion Exchange (MIEX) treatment process equipment, used at the East Water Treatment Plant. The MI EX process removes organic compounds from the raw water obtained from the western wellfield. The Utility is seeking consent to piggyback the sole source contract from Palm Beach County, contract SS300602 with IXOM Watercare, Inc. Palm Beach County has complied with purchasing policies and considered IXOM Watercare, Inc. as the sole source provider of Doc Resin. The product will be acquired incrementally by Purchase Order. Term: December 9, 2021 through December 8, 2022. How will this affect city programs or services? The use of the MI EX Doc Resin is required for the ongoing operation of the Magnetic Ion Exchange treatment process in order to provide high quality drinking water to the customers of Boynton Beach Utilities. Fiscal Impact: Budgeted funding is available in Utility account 401-2811-536-52.35 Alternatives: Since the MI EX treatment process is an integral part of the East Water Treatment Plant, and IXOM Watercare, Inc. is the sole manufacturer and provider, there is no feasible alternative at this time. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Page 253 of 604 Contracts Vendor Name: IXOM Watercare, Inc. Start Date: 12/9/2021 End Date: 12/8/2022 Contract Value: 371700 Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Four (4) annual renewals available. Attachments: Type Description D Other Contract Award D Sole Source Letter Sole Source Letter D Contract P B C Contract for I XOM Resin D Contract I XOM response and signature Page 254 of 604 $ 'NIICIf �Lr©R 1 '* Form L December 7, 2021 Purchasing Department 50 South Military Trail,Suite 1 10 West Palm Beach,P1.33415-3199 Ixom Watercare Inc. (061)616-0800 Ellen Brewer, Purchasing Manager PAX:(561)242.6744 3225 Highway 22 N www,pbcgov.canlfPurchasing Dickinson, ND 58601' TERM CONTRACT#SS30Q6OZ Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners ("County") is entering into a Term Contract with your company for IXOM WATERCARE INC. MIEX DOC RESIN PURCHASE AND DELIVERY OF based on: Palm Beach County Board of County [X] SOLE SOURCE SOLICITATION#SS3006021SM Commissioners Robert 5,Weinroth,Mayor Vendor shall notify Purchasing immediately if the sole source status changes. Gregg K.Weiss,Vice Mayor The term of this contract is 12/09/2021 through 1210812022, and has an estimated Maria G.Marino dollar value of$479,745. Dave Kerner If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire Maria Sachs term of the contract, including any renewals or extensions thereof. Melissa McKinlay County User Departments will issue individual "Delivery Orders" against this Mack Bernard contract 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 XY030305000000001111). A copy of the invoice maybe 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 TIN/FEIN Number on the Vendor's bid/quote/response must be exactly the County Administrator same as it appears on the invoice and in the County's VSS system that can be VerdeniaC. Baker accessed at https://Pbcvsso.co.oalm-beach.fl.us/webagR/vssp/A[tSelfService. Failure to comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Staci Machado at smachadopbcgov.or or(561) 616-6835. Sincerely, Kathleen . Scarlett Purchasing Director c: Vernetha Green, Water Utilities "An Equal Opportunity File Affirmative Action Employer` Official Electronic Letterhead Page 255 of 604 August 23, 2021 Boynton Beach Utilities City of Boynton Beach 124 E Woolbright Road Boynton Beach,FL 33435 1 X(I M Attn: Melissa Roberts (RobertsMe@bbfl.us) Subject: Sole Source Representative Dear Ms. Roberts: Ixom Watercare Inc. is the sole manufacturer of its products. Ixom Watercare,Inc. is the manufacturer and the exclusive representative for h' Ixom Watercare,Inc.within the state of Florida for the purchase of new products, OEM repair parts,repairs,and maintenance. No other representative can sell products,repair/replacement parts,maintenance, repair/replacement services,field services and technical support for Ixom Watercare,Inc. Your contact for Ixom Watercare, Inc. is: josh Seidner 8150 S Akron St,Ste 401 Centennial,CO 80112 If you have questions regarding this issue,please contact Ixom Watercare,Inc.at 954- 397-8256 Sincerely, Ixom Watercare,Inc. Cc: Jodie Dion-jodie.dion@ixom.com Cc: Bill Newsome - NewsomeW@bbfl.us Cc: David Roland-RolandD@bbfl.us Cc: Bryan Heller- HellerB@bbfl.us Ixom Watercare Inc. 81.50 S.Akron St,Ste 401. Centennial,CO 8011.2 www,ixom.coni Page 256 of 604 Board of County Commissioners ACH C County Administrator O Dave Kerner, Mayor G2 Verdenia C. Baker Robert S. Weinroth, Vice Mayor a Maria G. Marino Gregg K. Weiss `s ` Maria Sachs �LORI�4' Melissa McKinlay Purchasing Department Mack Bernard www.pbcgov.org/purchasing BOARD OF COUNTY COMMISSIONERS SOLE SOURCE SOLICITATION SOLICITATION #SS300602/SM IXOM WATERCARE, INC. MIEX DOC RESIN, PURCHASE AND DELIVERY OF, TERM CONTRACT DUE DATE: October 26, 2021 AT 4:00 P.M. It is the sole purpose and intent of this solicitation to secure a contract for item(s) and/or services as listed herein. The sole source vendor is hereby placed on notice that acceptance of its response by Palm Beach County shall constitute a binding contract. This Solicitation, General Conditions, Instructions, Special Conditions, Specifications, Attachments, Amendments (if issued), and/or any other referenced document form a part of this solicitation and response thereto, and by reference are made a part thereof. The sole source vendor shall be bound by all terms, conditions and requirements in these documents. Vendor shall notify Palm Beach County Purchasing Department immediately if the sole source status changes. SUBMIT SOLICITATION TO: Palm Beach County Purchasing Department Attention: Staci C. Machado 50 South Military Trail, Suite 110 West Palm Beach, Florida 33415-3199 Fax #: (561) 233-2154 E-mail: smachado@pbcgov.org Solicitation may be submitted via fax or e-mail. C A U T I O N 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.pal -beach.fl.us/webapp/vssp/ ltSelfervice. 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 Page 257 of 604 Page 2 PALM BEACH COUNTY PURCtfAAg ORDER/TERM CONTRACT STANQARD TERMS AND CONf;?I-nQHj The following Terms and Conditions are applicable to this purchase orderktontract entered into by and between Palm Beach County (referred to as County)and Vendor. VENDOR_REGISTRATION 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 Servlce (VW system which can be accessed at lm t ( ffService.If vendor Intends to use subcontractors,vendor must also ensure that all suubcontreetors ars reaMerad as vendors in the VSS system.All subcontractor agreements must Include a contractual provision requiring that the subcontractor register In the VSS system. The County will not finalize a contract award until the County has verified that the contractor and all of its subcontractors are registered In the VSS system. It is the vendors svte responsibility;to routinely check our VSS system for any amendments that may have been Issued prior to the deadline for receipt of submissions. Palen Beach County shall not be responsible torr the completeness of any solicitation that was not downloaded from the VSS system or obtained directly from the Purchasing Department. MtfICATIONS No modifications of this ordedcontract, including but not limited to these terms and conditdons, shall be binding upon County unless approved by an authorized representative of County's Purchasing Department. AjSIt3MENTS Assignments are prohibited unless prior written consent is given by the County and the Vendor. EXiJ4LE DELAYS The County may grant additional time for any delay if the delay will not adversely Impact the best Interest of the County and Is due to causes beyond the control of the Vendor. Such grant must be in writing and made part of the order/oontract, Og ALILT The County may,by mitten notice of default to the successful vendor,terminate the order/contract In whole or In part If the successful vendor fails to satisfactorily perform any provisions of thla solicitation or resultant order/contred, or fails to make progress so as to endanger performance under the terms and conditions of this sokilation or resultant order/contract, or provides repeated non- perfonnance,or does not remedy such failure within a period of ten(til?)days(or such period as the Director of Purchasing may authorize in writing) after receipt of nodes from the Director of Purchasing specifying such failure. In the event the County terminates this order/Contract In whole or In part because of defauft of the successful vendor,the County may procure goods and/or services similar to those terminated,and the successful vendor shall be liable for any excess costs incurred due to this action. If it is determined that fie successful vendor 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 vendor),the rights and obligations of the parties shall be those provided in the provision"Termination For Convenience". TERMINATION FOR CONVENIENCE The County may,whenever the interests of the County so require,terminate the order/contract,in whole or in part,for the convenience of the County upon five(5)days Written notice to Vendor unless directed otherwise in the notice of termination, the Vendor shall incur no further obligations in connection with the order/contract. REMr.EK11S 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. NO 1Hlii)PARTY BENEFICIARY No provision of this Contract Is intended to,or shall be construed to,create any third party beneficiary or to provide any rights to any person or entity not a party to this Contract,including but not limited to any citizen or employees of the County and/or successful vendor M The F.0 B. point shall be destination If the County agrees, freight urges may be prepaid by the Vendor and listed on the invoice, however,Vendor retains title and assumes all responsibility,liability and rfsk in transit,and shall be responsible for the filing of claims for loss or damages. Page 258 of 604 Page 3 PAYMENT_TERMS The Florida Prompt Payment Act is applicable to this solicitation. Interest penalties will only be paid in accordance with the Florida Prompt Payment Act,Florida Statute 211$.70, In order for Palm Beach County to make payment,Me Vendor's Legal Name:Vandor's Address;and Vendor's TINIFEIN Number on the Vendor's offer,must be exactly the same as d appears on the lmrolce and In Palm Beach County's VSS system which can be accessed at Nabs: Palm Beach County Vendors can now be paid by Credit Card via the County's VWun Payment Manager Program. For vendors who don't have a merchant account,one is needed to utilize the Program. For vendors with a merchant account,you will need to enroll with the Palm Beach County Clerk$Comptroller's office. For information,contact the Palm Beach County Cleric&Comptroller at raaymentmrar mvnalrnbeachcierk,com. INYQICING Vendor No send ALL ORIGINAL invoices to the following address and MlSt send copies of invoices to the respective Palm Beach County Department requesting the goods/seNces. Invoices subnutled on carbon paper shall go be accepted. PALM BEACH COUNTY FINANCE DEPT, P,0.130X 4030 WEST PALM BEACH,FL 33402-4036 TAME The County is exempt from Federal and State taxes. PURCHASE t]iiplyR The County waft not accept any goods delivered or services performed unless a duly authorized purchase order has been Issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips and all correspondence concerning the order. ORDERICON"TRACT Vendor agrees that by submitting an offer(I.e. Request for quotation)which Is accepted by the County(i.e. Purchase order, Term Contract Notice)a binding contract Is formed In accordance with the County's terms,conditions and specifications as set forth in the solicitation this purchase order.Vendor certifies that the offer has been nude by an officer or employee having the authority to bind the Vendor. PRICING (t) Unless specif#cally requested In the specifications,any response containing modifying or escalation douses shall be rejected. (2) The price offered must be in accordance with the unit of measure provided on the response page(s). One(1)space or line requires only one(1)single,fixed unit price. Anything other than a single,fixed unit price shall result in the ruction of your response, (3) Vendor warrants by virtue of submitting an offer that prices shall remain firm for a period of ninety(90)days from the date of opening to allow Cor evaluation and award. (4) Prices shall remain Arm for the initial and any subsequent term unless modified by a special condition. (5) All unit prices offered shoufd be wtIhln two(2)decimal points. If vendor's pricing offered exceeds two(2)dedmaf points,Purchasing reserves the right to round up or down accordingly. DEUVERdES oelivedes are to be made Monday through Friday,excluding holidays,unless otherwise stipulated. r,INB P EC TIO NIAC C 1~PT A NC E All goods and/or services provided on this Purchase Order are subject to inspection and acceptance upon receipt or completion by an authorized representative of the County. Payment shall not be authorized unfit the goods and/or services have been received,accepted and property invoiced. QUAK111,M Quantities specified in the order/contract cannot be changed Mthout County approval. Hoods shipped in excess of quantity designated may be returned at Vendor's expense. Page 259 of 604 Page 4 99Attit ERCIALNCINANSCRIMINATtON: a. YINDOR'S REPRESENTATION$ANIS AOREEMLENT The Vendor represents and warrants that it will comply with the County`*Commercial Nondiscrimination Policy as described in Resoluton 2f117.1770 as emended.Aa part of such compliance, the Vendor shag not discriminate on the basis of race,color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, dlaabliltyy, or genetic information In the solidt tion, seiactiort, hiring or commerdal treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the Bidder retaliate against any person for reporting instances of such discrimination. The Vendor shall provide equal opportunity for subcontractors, suboansultants vendors and suppliers to participate in all of Its public sector and private sector subcontracting and supply opportunities,provided that nothing contained in this ciause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring In the County's relevant marketplace in Palm Beach County.The Vendor understands and agrees that a material violation of this clause shall be corisidered a material breach of contract and may result in termination of the contract, disqualification or debarment of the Vendor from participating in County contracts, or other sanctions, This clause is not enforceable by or for the benefit of,and creates no obilgatlon to,any third party. b. VENDOR'S AGREEMENT To APPLY TO SUBCON'TRACT$: The vendor covenants and agrees to include the commercial non-dlscriminatlon clause in all subcontractor agreements. DISCRIMINATION PROHISITEf3 Palm Beech County is committed to assuring equal opporturtty In the award of contracts and complies with all iasis prohibiting discrimination. Pursuant to Palm Beach County Resolution 8.2017.1770, as may be amended, the successful vendor warrants and represents that throughout the term of the contract, Inckrding any renewals thereof, all of ifs employees are treated equally during employment without regard to race, color,religion, disability, sex,age, national origin, ancestry, marital status, familial status, sexual orlentation, gender identity or expression, or genetic information. Failure to meet thts requirement shad be considered a default of contract, LEGAL 199VIRE lENTI The Vendor must strictly comply with all Federal, State, County and local laws,ordinances, rules and regulations that in any manner affect the goods and/of services provided herein. The UCC shall prevail as the basis for contractual obligations between the Vendor and the County for any terms and conditions not addressed. The County shall not be Mable to the Vendor for any legal fees,court costs,or other legal expenses arising from the Interpretation or enforcement of this ordarlcontract,or from any other matter generated by or relating to this orderlcontract, CRIII41NAL HISTORY RECORDS CHECK ORDINANCE Pursuant to Palm beach County Code Seaton 2-371 through 2-377,the Palm Beach County Criminal History Records Check Ordinance ("Ordlnancel,the County shall conduct fingerprint based criminal history record checks on all persons not employed by the County who repair,deliver,or provide goods or services for,to,or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees and subcontractors of vendors,including repair persons and delivery persons,who are unescorted when entering a facility determined to be critical to the public safety and security of the County. County facilities that require this heightened level of security are Identified In Resolution R-2003-1274,as may be amended. The vendor is solely responsible for understanding the finanrdel, schedule, and staffing implications of this Ordinance. Further,the vendor acknowledges that its pricing offered includes any and all direct or indirect costs associated with compliance of this ordinance,except for the applicable FDLEIF81 fees that shall be paid by the County. PUMIC ENTITY CRIME In accordance with the Florida Public Entity Crime Statute 287.132.133, persons and affiliates who are entering into a contract or performing any work in furtherance with Palm Beach County certifies that it,its affiliates.suppliers,subcontractors and consultants who will perform hereunder,have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six(38)months immediately preceding the date hereof. This notice is required by Florida Statute 287.133(3) (a). SCRUTINIZED CQMIPANIES a. SCRUTINiZED CAIMPANIE& As provided in F S 2:87.135,by entering into an orderfconlract or performing any work in furtherance of this onderdcontract,the Vendor certifies that it,its affiliates,suppliers,subcontractors and consultants who*11 perform hereunder, have not been placed on the Scrutinized Companies that Boycott Israel List,or is engaged in a boycott of Israel, pursuant to F S. 215.4725. If the County determines,using credible information available to the public,that a false certification has been submitted by Vendor, the resulting order/contract may be terminated and a civil penalty equal to the greater of$2 million or twice the amount of the order/conlract shall be imposed,pursuant to F S 287.135. Page 260 of 604 Page 5 b. C - D COMPARM (WHEN ORDIM01869T VALUE f T As provided In F.S. 257,135,by entering Into an ordartoontlraet or performing any work in furtherance of this order/contract,theVer dor certifies that it,its aflfilates,suppliers,subcontractors and oonsuksrtks who will perform hereunder,have not been placed on the Scrutinized Companies WHh Activities in Sudan List or Scrutinized Companies With Actkrilles in The Iran Petroleum Energy Sector List created pursuant to F.S.215.473,or Is engaged In business operations In Cuba of Syria l(the County determines,using erodible Information available to the public,that a false certification has been submitted by Vendor, the resulting order/contred may be terminated and a civil penalty equal to the greater of$2 million or twice the amount of the order/contract shall be Imposed,pursuant to F.S.287:135. 38MBE POLICY It Is the policy of the Board of County Commissioners(`Board`}that all segments of ifs business population,Including,but not limited to, small, local,minority and women owned businesses,have an equitable opportunity to participate in the Countys procurement process, prime contred and subcontrad opportunities.To that end,the Board adopted an Equal Business Opportunity Ordinance which Is codified in Sections 2-80,20 through 2-80,30 (as may be amendO of the Palm Beach County Cade, (EBO ordinance)which sets forth the Countys requirements for the Equal Business opportunity Program, and whidt is Incorporated herein. The provisions of the EBO Ordinance shall have precedence over the provisions of the solle faticm In the event of a conflict. All forms related to the Equal Business Opportunity Program,Including waiver fortes and good faith effort documentation can be found at:hflp:#di9cover:cabcstov,orofoetha/Pa�esi0or rmenls.asnx LQC IMEFERENCE In s000rclance with the Local Preference Cotte,a preference may be given to(1)venders or quoters having a permanent plane of business In Palm Beau County or(2)vendors or quoters having a permanent place of business in the Glades that are able to provide the goods and/or services to be utNized within the Glades. lNt3ElYiNtFCG`A-0N To the extent authorized by law,Vendor shall Indemnify,save and hold harmless the County,its employees and agents against any and all claims,damages,liability and court awards Including casts,expenses and attorney fees incurred as a result of any act or omission by the Vendor,or Its"loyees,agents,subcontractors or assignees ptnuant to the terms and conditions of this order/contract. INBtlR1QE REQUiREfr1ENT8 If vendor is provkling a service under this order/mntract, then Vendor shall, at its sole expense, maintain in full force and effect at all times during the life of this order/contract,insurance coverages and knits(including endorsements),as regWred by the County.These requirements shall not In any manner Incl or qualify the liabilities and obligations assurried by the vendor under this ordedcontrw. All cover"shall be provided on a primary basis with the County endorsed as an Additional insured with a CG 2026 additional Insured- D"gnated Person or Organization Endorsement,or its equivalent,as follows;"Palm Beach County Board of County Commoners a PQIR Subdivision of the State of f"lorida ifs Officers.,EIl7Ais yu Ed Agents." Vender shell provide the County wffh a Certificate of insurance evidencing such coverages prior to the commencement of any services and within a time two specified by the County (normally within 2 working days of request). Failure to maintain the required insurance shall be considered a default of contract. MEM DATA SHEETS($1381 Any toxic substance provided to the County as a result of this solicitation or resultant order/contract shall be accompanied by its SCIS. ENDORSEMENT§ No endorsements by the County of the goods and/or services will be used by the Vendor In any way,manner or form. VE"Vg A,IaIMQVERNINCir LAW Any and all legal action necessary to enforce the award or the resultant order/contract*11 be held in Palm Beach County,Florida. Any legal action necessary to enforce the award of the resultant order/oontract shall be governed by the laws of the State of Florida. PYSWC REgQflQg,ACCESS AND A90ITS The vendor agrees that copies of any and all property,work product,documentation,reports,computer systema and software,schedules, graphs,outlines,books,manuals.logs,Arles, deliverables,photographs, videos, tape recordings or data relating to the Contract which have been created as a part of the vendor's services or authorized by the County as a reimbursable expense,whether generated directly by the vendor,or by or to conjunction or consultation with any other party whether or not a party to the Contract,whether or not in privity of contract with the COUNTY of the bidder,and wherever located shall be the property of the COUNTY. Any material submitted relating to thus order/contract is considered a public document in accordance with Section 119.07, Florida Statutes. This includes material which the responding vendor might consider to be confidentlal. All submitted Wofmadon that the responding vendor believes to be confidential and exempt from disclosure(I.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically Identified as such. Upon receipt of a public records request fear such information, a determination will be made as to whether the identified information is,in fact,confidential. Page 261 of 604 Page 6 The County shall have the right to request and raview vendor's books and records to verify vendor's compliance with the Contract, adherence to the Equal Business opportunity Program and its response. The County shag have the right to Interview subcontractors, and workers at the work site to determine Contract compliance.The bidder shalt maintain rends related to all charges,expenses,and costs incurred in eatimating and performing the work for at least five(5)years after completion or termination of the Contract, Vendor ,.hair retain all books and records pertaining to this Contract,including,but not limited to,subcontractor payment records,for five(5)years after project completion date.The County and the Palm Beach County Inspector General shah have access to such records as required in this Section for tate purpose of Inspection or audit during normal business hours,In Palm Beach County at any reasonable time during the five(6)years. NoWthstanding anything contained herein,as provided under Section 119.0701„Florida Statutes,if the Vendor:(t)provides a service;and(ti)acts on boW of the County as provided under Section 119.011{Z), Florida Statutes,the Vendor shallcomply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from timo to time. The Vendor is speefficalty required to. (t) Keep and maintain public records required by the County to perform services as provided under this order/contract. (2) Upon retest from the County s Custodian of Public Records ("County's Custodian"} or County's represertativeAsison, on behalf of the County's Custodian, provide the County with a copy of the requested records or allow the records to be Inspected or oopled within a reasonable time at a cost that does not meed the cost provided In Chapter 119 Florida Statutes or as otherwise provided by law. The Vendor further agrees that all fees,charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-032,Fees Asaocdated with Public Records Requests,as R may be amended or replaced from time to tune. (3) Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as suftrized by law for the duration of the orderfoontmet term and following completion of the orderlcontract, if the Vendor doss not transfer the records to the public agency. Nothing contained herein shall prevent the disclosure of or the provision of records to the County. (4) Upon completion of the orderkontratt,the Vendor shall transfer,at no cost to the County,all public records In possession of the Vendor unless notffied by County's representstive111alson,on behalf of the County's Custodian, to keep and maintain public records required by the County to perforin the swylce, tf the Vendor transfers all public records to the County upon completion of the order/contract,the Vendor shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements, If the Vendor keeps and maintains public records upon completion of the order/contract.the Vendor shall meet all applicable requirements for retaining public records. All records stored electronically by the Vendor must be provided to the County, upon request of the County's Custodian or the County's representativelliaiso+n.on behalf of the County's Custodian,in a format that is compatible with the Information technology systema of County,at no cost to County. Vendor ack nowtedges that it has familiarized itself with the requirements of Chapter 119, Florida Statutes, and other requirements of state lair applicable to public records not specifically set forth herein. Failure of the Vendor to comply with the requirements of this Section,Chapter t 19,Florida Statutes,and outer applicable requirements of state law, shall be a material breach of this ordertcontract. County shall have the right to exercise any and all remedies available to it for breach of contract,includ Ing but not limited to,the right to terminate for cause. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS ORDER/CONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BY E-MAIL AT RECORDS REQUEST PBCGOV,ORG OR BY TELEPHONE AT 861-356-6680. Page 262 of 604 Page 7 9ALES PROMOTIONS f PRICE REDCTIONS I MOT F'A,VCS8CUSTf EM Should sates promations occur during thre terra of the ordenoorftct that tower the price of the procured item,the successful vendor shalt extend to the County the tower price offered by the manufacturer on any such promotional item, f=urther,any price decreases effectuated during the order/contract period by reason of market change or otherwise,!�Wl be passed on to the County, Additiornalty,anytime after award, the vendor may offer a reduced price which shall remain in affect for the duration of the ordericontrad The successful vendor warrants that the pr*s)shall not exceed the successful vendor's prices)extended to Its most favored customer for the same or similar goods or services in similar quantities,or the current market price,whichever is tower. In the event the successful vendor offers more favorable pricing to one of its customer(s),the successful vendor shall extend to the County the same pntang or the then current market price«,whichever is lower. P9REQRMMCEO MNG EMOQZNCY By submitting an offer,vendor agrees and promli that,immediately preceding,during and after a public emergency,disaster,hurricane, flood,or act of God,Palm Beach County shall be given'first priority'for all goods and services under this order/contract. Vendor agrees to provide ad goods and services to Palm Beach County Immediately preceding,during and after a public emergency,disaster,hurricane, flood, or act of Gad,at the terms,conditions,and prices as provided in this solicitation on a"first priority'basis.Vendor shall furnish a 24- hour phone number to the County.Faikue to provide the goads or services to the County on a first priority basis immediately preceding, during and after a public emergency,disaster,hurricane,flood,or act of God,shag constitute breach of contract and subject the vendor to sanctions from doing further business with the County. PALM UACH CQUNTY OFFICE OF TH9 ltj§Pgg QR gENERAL AUDIT REQUIREMENT Pursuant to Palm Beach County Code,Section 2.421-2-440,as amended,Palm Beach County's office of inspector General is authorized to ravlew past,present and proposed County contracts,transactions,accounts,and records. The Inspector Generafs authority includes, but is not limited to, the power to audit,investigate,monitor„and inspect the activities of entities contracting with the Courtly,or anyone acting on their behalf,In order to ensure compliance with contract requirements and to detect corruption and fraud. BUS114ESS INFORMATION If vendor Is a Joint Venture for the goodstservfoes described herein,vendor shall,upon request of Palm Beach County,provide a copy of the Joint Venture Agreement signed by all parties. ANNUAL APPROPRIATIONS The County's pertirlriance and obligation to pay under this orderlcontract is contingent upon an annual appropriation by the Board of County Commissioners for subsequent fiscal years. CONFLICT OF INTEREST Vendor represents that it presently has no Interest and shall acquire no interest,either direct or Indirect, which would conflict in any manner with the performance or services required by this order/contract as provided for in Chapter 112,Part iII,Florida Statutes and the Palm Beach County Code of Ethim Vendor further represents that no person having any conflict of interest shall be employed for said performance or services.Vendors shall disclose the name of any officer,director,or agent who is also an employee or a reia0ve of an employee of Palm Beach County. Further,vendor shall disclose the name of any County employee or relative of a County employee who owns,directly or indirerl[y,an Interest of ten percent(10x6)or more in the vendor's firm or any Oils branches, ENEISIPY--EMPLOYMENT ELIGIBILITY Vendor warrants and represents that it Is in compliance with section 448. , Florida Statutes, as may be amended. No later than January 1, 2021, Vendor shall: (1) register with and use the E-Verity System (E-Verity.gov), to electronically verity the employment eligibility of all newly hired workers;and(2)verify that all of the Vendor's subconsultants performing the duties and obligations of this ordericontact are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers Vendor shall obtain from each of its subconsullants an affidavit stating that the subcvnsultant does not employ, contract with, or subcontract with an Unauthnorized Allen,as that term is defined in section 448,095(i)(k),Florida Statutes,as may be amended.Vendor shall maintain a copy of any such affidavit from a subronsultant for,at a minimum, the duration of the subcontract and any extension thereof, This provision shall not supersede any provision of this orderlcontracl which requires a longer retention period. County shall terminate this order/contract if it has a good faith belief that Vendor has knowingly violated Section 448,09(1 l, Florida Statutes,as may be amended If County has a good faith belief that Vendor's subconsuKant has knowingly violated Section 448.09(1),Florida Statutes,as may be amended,County shall notify Vendor to terminate its ordertcontract with the subconsultant and Vendor shall immediately terminate its order/contract with the sunconsuttant. If County terminates this order/contract pursuant to the above,Vendor shall be barred from being awarded a future contract by County for a period of one (1)year from the date on which this order/contract was terminated. In the event of such order/contract termination. Vendor shall also be liable for any additional costs incurred by County as a result of the termination Effective from 12109/2420 Page 263 of 604 Page 8 Exceptions to General Condltons: 4,a.DEFAULT: 'in the event the County terminates this contract in whole or in pan because of default of the vendor,The County may procure goods andlor services similar to the"terminated"ptease strike the remainder of the sentence. Ixom cannot be liable for what another vendor may charge for their products. IXOM(also known herein as Buyer,or Vendor)Amendments to PBC General and Special Conditions: i. RETURNS; Returned Goods shail not be accepted unless Buyer obtain$prior written approval and transportation instructions from Seller.All Goods returned to Seller must be in full containers or cases,unopened and in the same condition as when delivered.If a return is approved by Seller,Goods may be returned for exchange of credit only. Sellar shall give no cash refunds W returned Goods. Approved returned Goods are subject to a restocking charge of 15%of the Invoiced value of such Goods and Buyer shall pay all transportation charges. 2, LIMITED WARRANTY: a) Subject to Section 2(e)and Section 3 below,Seller warrants site and that this Goods shall corftrm to Salus stwdarcl sales epecifications in effect at the tims of manufacture or this specAcations,agreed by the parties in writing and contained or referenced in the Order. b) Buyer Is ad*responsible for detafminN that the Goods and thew specikation and scope am appropriate for Buyees intended use.Any advice or recomrinandationis.by Seller wittill respect to the Goods or the use of the Goods are provided in good feM torsed on tests or experience believed to be reliable but such advice or recorrhrrrerhdations are not warrarried. Buyer agrees that 4 is respoinsilble for ensuArg that Goods tat comply with the warren Ses in Section 2(a)am fit and suitable for 4s,purposes,requirements, processes.plarrit and equipment c) To the nwdrriurn Went permitted by low,Seller makes no ounce reprawlistion or wernarity,of any kind,aid hereby expirissility disclaims all other riaprusientaiilom or wartrantles,express,implied,statutory or arising from a course of dealing,usage of the trade or othenivisist,including without Imitation any represenWori or warranty as to merchantability,fitness for a particular purpose,or any other matter with respect to the goodo,whether used alone or in combiination wdh any other goods, substances processes or new"or services. d) In the e%vrd the ax%sion of s"of all of such warranties under section 2(c)for certain goods subod to this oorkad would be 1"al,any additional war"would be limited to it*war ranty required by applicable Law and to the extent permitted by such Law,would be subject to sedan 2(a)and section 3,and is condkioned upon use in accor*inoa vMh label d1rectloris under normal conclitions ressionabily 03reseeable to seller whip buyer assuming the risk of any use contrary to label direcdons,under abnormal conditions or under conditions not reasonably foresissabile to seller. a) Settees sole liability and Buyees ads remedy for breach of wanarity,are specifically limited to the repair of the goods(of re-performance of services viihon apply)or the o*thereof where Seller fbits to performi such repair neomitated by a breach o(warranity.and such WAy and remedy are exclusive of all other liabilities and remedles.Should these remedies be bund Inadequate or to have Wecl in their essential purpose for any reason vvhatsoeverr.Buyer agrees that the return of the amount paid by Buyer to Seller for the purchase of the goods wf*b fail to oorilli>rrin with the warranties set JoM in section 3 shall be considered a fadr and adequate remedy and prevent the remedies from failing of their essential purpose. 3. LIMITATIONS OF LIABILITY: (a)The liability of Seller and As affiliates to Buyer and its employees and agents under and in connection with the Contract is limited to the price a llocabie to the Goods giving rise to the claim and in no event shall the cumulative liability of Seller howsoever arising, whether under warranty,contract,tort,nag%ence,strict liability,indemnification,defense of any other cause of combination of causes whatsoever,exceed the total payment received from Buyer under the Contract in connection with the Goods. (b)To the extent permifted by law and not withstanding any provision to the contrary In the Contract Seller shall not be liable for special,indirect,Incidental,or consequential damages,including without limitation,and loss of profits; lose of business revenues, loss of capital,failure to realize expected profits or savings,overhead costs,loss by reason of service interruption of increased expense of operation,loss of goodwill,loss of reputation,loss of value in any Intellectual property,damages or liquidated sums payable pursuant to other agreements or to other third partles,other economic losses,whether arising under warranty,contract; negligence(inducing negligent misrepresentation)or other tort,strict liability,breach of statue,indemnification,or any other cause or combination of causes,Including any theories of concurrent liability arising from a duty of care by operation of law or otherivise. This timitation of liability set forth in this Section 3 shat)not apply to third-party claims of death,property damage or personal injury, nor shall 4 limit Settees duty to Indemnity the Buyer as set forth above. 4. SAFE STORAGE HANDLING AND USE. ASSUMPTION OF RISK: Buyer acknowledges that it is familiar with the risks associated with the storage,handling and use of Goods and any waste resulting therefrom.Accordingly and notwithstanding anything to the contrary set forth in the Contract,Buyer covenants and warrants and shall ensure that(I)it and its employees,agents,carriers and customers are familiar with and adhere to all necessary and appropriate p(ecautlons and safety measures to safely store,handle or use the Goods;(ii)it and its employees,agents, carriers and customers shall comply with all applicable Laws,including without limitation,environmental laws and regulations pertaining to the storage,handling and use of Goods;(ill)shall obtain and comply with all required permits and licenses.Seller takes no responsibility for,and Buyer assumes all risks associated with waste characterization, regulatory status and chemical composition of any product,process,material,waste or substance into which the Goods are incorporated or applied.Without limiting the foregoing,Buyer shall further ensure that all storage tanks,vessels,and pipes,hoses and valves and other Page 264 of 604 Page 9 components used by Buyer or its employees,agents,carriers and customers to store,handle and transfer Goods which are bulk chemicals are property installed and makdained to prevent injury,death or lase of containment during storage,handling and transfer of such Goods.If Buyer resells or distributes Goods to third parties.Buyer assumes responsibility for ensuring that it provides detailed ineb actions to such third parties regarding safe storage,handling and use of those Goods and any Storage Items or packaging in wtdch such Goods are stored.To the maximum extent allowed by law,Buyer assumes all risks and liability whatsoever for all lnjurlee,losses and damages to persons or property or otherwise as a result of(i)Buyer's,As employees', agents',carmen'or c ustomem'handling,possession,further processing,storage,use treatment,transportation,disposal,sate or other use or disposklon of the Goods,whether used alone or in combination with other products,materials,substances or wastes, 01)Buyer's,its employees',agents'.carriers'or customers*violation or alleged violation of any taw,or(HO Buyer's breach of any of As obligations set forth hereln. 5. FORCE MAJEURE; Shipments or deliveries may bre totally or partially suspended or delayed by Seller diming any period in which the Seller may be prevented or hindered from manufadure,delivery or supply through any circumstances outside Seller's reasonable control or where such manufacture.delivery or supply Is tendered materially more expensive by such circumstances.Circumstances beyond Seer's reasonable control shall include,without iknitatlon,strikes,lockouts or other tabor difficulty;acts of orders;ants of God; acts of civil or militstry authoriles;acts or omissions of Buyer,war,dot fire;explosion;ads of terrorism:flood;arty inability to obtain or hack of any necessary or adequate materials,inputs,fuel,power,labor,equipment,containers,facilities or services an usual terms;power or water shortage;accidents or breakdowns or failures of plant or machinery or apparatus;delays,uxmgesttons or blockages at sea ports or transport depots or software,hardware or communication network;changes In applicable taws;or any other event,whetttar or not enumerated herein,beyond the control of Salter that makes impractical the mam4actuum, t tsporls4on or shipment of tate Goods or of a material or other resource upon which the manufacture,transportation or slut of the Goods depends.Salter shall not incur any liability to Buyer in respect of such suspension. 6, INTELLECTUAL PROPERTY, Saler and its affiliates ars the sole and exclusive owners of the Intellectual Property in the Goods and processes incorporated in such Goods,and the rights attached to haat Intellectual Property.Nothing herein grants to Buyer any right,title or interest in or to any of the Intellectual Property in the Goods. Buyer shall not claim to have acquired any right,No or interest to the Intellectual Prop"In illm Goods by virtue of purchasing Goods sold hereunder. Buyer shall not deconstruct, reverse compile or reverse engineer the Goods in any way for the purpose of deciphering or replicating the chemical cornposAlon of thio Goods.As used heroin, 'intellectual Property"means any Intellectual or industrial property right anywhere in the world Including, without limitation, any patent,patent appllcatlon,utifrty model,copyright(including copyright in manuals,databases,and promotional materials),registered design and other design rights,unpatented secrels and innovations,confidential information,and any other rights that may subsist anywhere in the world in improvements,inventions and other manufacturing processes or technical and other information of Seller. Buyer shall not resell,distribute or supply the Goods to any third party for any reason without Seller's prior written consent... 7 ORDER OF PRIORITY The Buyer and Seller agree that, (a) the'Exceptions to General Conditions*and the"IXOM Amendments to POC General and Special Condldons"form part of the terms on which the Setter supplies the Goods to the Buyer and the Buyer purchases such Goods from the Seller;and (b) to the extent of any inconsistency or otherwise between anything contained In the`Exceptions to General Conditions"and the 'IXOM Amendments to PBC General and Special Conditions'and the Palm Beach Country Purchase Orderfrerm Contract Standard Terms and Conditions,the provisions of the'Exceptions to General Conditions'and the"IXOM Amendments to PBG General and Special Conditions'take priority and precedence to the extent of such inconsistency MORA WATERCARE,INC. PALM BEACH COUNTY Signature Signeturib '" •� _ 1•ix.r4as4 r. � wS 4 Print Name Pont Name T t{a Tale 01 (rate Date A PTen�BAI jd r"onditions APPROM)AS TO rOPM AND LEOAL SUFFICI IJ(;, �Y J Vemetha M.Green. CPPB 7 `l irl„n i Support Services Coordinator f/t , Patna reach County.Water lAiliius Depaitmenr Page 265 of 604 Page 10 SPECIAL CONDITIONS 1. GENERALISPECIAL CONDITION PRECEDENCE The agreed upon terms and conditions between |xom VVaharoome Inc., and Palm Beach County for the purchase and delivery of MIEX DOC Resin, manufactured by Ixom Watercare, Inc., shall consist of this Sole Source Solicitation#SS300602/SM,which includes the Palm Beach County Purchase Order/Term Contract Standard Terms and Conditions, Special Conditions, 5pooificoUnnu, Sole Source Response Page. Exceptions toGeneral Conditions and |X[>K4 (also known herein as Buyer, or vendor) Amendments toPBC General and Special Conditions. |nthe event ofconflict, the exceptions tuGeneral Conditions and IXOM Amendments to PBC General and Special Conditions takes priority and precedence. 2. METHOD OF ORDERING (TERM CONTRACT) Acontract 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 onanasneeded basis. 3. RENEWAL OPTION The vendor shall be awarded u contract for months with the option to renew fnr.f0_uL/4}additional twelve J(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 towith nodeviations. The unit prices bid shall apply for the initial term and each renewal period. Any renewal shall besubject h» the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if the vendor is suspended by the Purchasing Department prior to the commencement of the renewal period. 4. F.O.B. POINT The F.O.B. point shall be destination. Exact delivery point will he indicated on the bann contract delivery order (D0). Vendor retains title and assumes all transportation charges, responsibility, liability and risk in tnansit, and shall be responsible for the filing ofclaims for loss ordamages. g' DELIVERY Delivery shall be required within fiftee]_(1.5) calendar days after receipt of term contract delivery order (DU) unless a modified delivery date has been requested by the vendor and approved in writing by the Purchasing Director or his/her designee. G. AS SPECIFIED A term contract delivery order (DO) will be issued to the vendor with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the vendor, items not delivered as specified. y' QUANTITY The quantities shown are estimated. Palm Beach County neoemaa the right to increase ordecrease the total quantities as necessary to meet actual requirements Unless stipulated nthenm|en. Palm Beach County will accept NO minimum order requirements. Additionally, the vendor is cautioned to bid in accordance with the unit specified on the response page 8. BRAN WMANUFACTURIER REFERENCED Only the referenced manufacturer will be considered. Page 266 Of 604 Page 11 SOLE SOURCE SPECIFICATIONS SOLICITATION IXOM WATERCARE, INC. MIEX DOC RESIN' PURCHASE AND DELIVERY OF, TERM CONTRACT PURPOSE AND INTENT The sole purpose and intent of this solicitation is to secure firm, fixed pricing and establish a term contract for the purchase and delivery of|xumVVotaroare. Inc. K4|EX DOC Resin, for Palm Beach Coumty. CURRENT DELIVERY LOCATION Palm Beach County Water Utilities Department VVTP#2 2058Pinehurst Drive West Palm Beach, FL 33467 Palm Beach County reserves the right to add or delete delivery locations during the term of this contract, including locations within the Glades area, at its sole discretion. GOUNTY'S RESPONSIBILITIES The County shall: ° Order onanauneeded basis. ~ 8oresponsible for unloading ofchemical deliveries. * Operate plant according to plant operating manual provided by vendor and to maintain records of operating history and conditions during the term nfthe contract. • Provide access hzrelevant records and calculations upon request. VENDOR'S RESPONSIBILITIES The vendor shall: m Adhere to all terms, conditions, specifications and requirements of this Solicitation. TECHNICAL REQUIREMENTS * KH|EX DDC Rosin shall be in 1000 Liter Bulk packs (Totes) containing 8OQLufsettled resin. COUNTY ACCEPTANCE Payment shall be rendered ONLY upon the County's satisfaction acceptance ofitem(o) delivered. /\ooepbsnca is defined as meeting all the terms, conditions and specifications oestated herein PAYMENT Payment imbased upon the pricing offered onthe response page and nuadditional compensation shall heoffered nrpaid Price xhg|| include, but not be limited to, a|Ysupnn/inion. |abor, equipmen1, materia|a, too|s, maohinery, transportation and other facilities and services necessary to fully and completely provide the item(s) as specified herein. Page 267 of 604 Page 12 SOLE SOURCE RESPONSE PAGE SOLICITATION #SS300602/SM IXOM WATERCARE, INC. MIEX DOC RESIN, PURCHASE AND DELIVERY OF, TERM CONTRACT ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. 12 MONTH PRICE QUANTITY 1 IXOM WATERCARE, INC. MIEX DOC RESIN, AS SPECIFIED HEREIN 25 TOTE $ * PLEASE AFFIX SIGNATURE WHERE INDICATED By signature on this document, vendor acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's solicitation, without exception, change or alteration of any kind, except as may have been amended by the County prior to the due date of this solicitation. 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: EMERGENCY# ( FAX#: TOLL FREE # ( APPLICABLE LICENSE(S) NUMBER # TYPE: FEDERAL ID # Page 268 of 604 Page 11 SOLE SOURCE SPECIFICATIONS SOLICITATION #SS3006021SM IXOM WATERCARE, INC. MIEX DOC RESIN, PURCHASE AND DELIVERY OF, TERM CONTRACT PURPOSE AND INTENT The sole purpose and intent of this solicitation is to secure firm, fixed pricing and establish a term contract for the purchase and delivery of Ixom Watercare, Inc. MIEX DOC Resin, for Palm Beach County. CURRENT DELIVERY LOCATION Palm Beach County Water Utilities Department WTP#2 2956 Pinehurst Drive West Palm Beach, FL 33467 Palm Beach County reserves the right to add or delete delivery locations during the term of this contract, including locations within the Glades area, at its sole discretion. COUNTY'S RESPONSIBILITIES The County shall: • Order on an as needed basis. • Be responsible for unloading of chemical deliveries. • Operate plant according to plant operating manual provided by vendor and to maintain records of operating history and conditions during the term of the contract. • Provide access to relevant records and calculations upon request. VENDOR'S RESPONSIBILITIES The vendor shall: • Adhere to all terms, conditions, specifications and requirements of this Solicitation. TECHNICAL REQUIREMENTS a MIEX DOC Resin shall be in 1000 Liter Bulk packs (Totes)containing 900L of settled resin, COUNTY ACCEPTANCE Payment shall be rendered ONLY upon the County's satisfaction acceptance of item(s) delivered. Acceptance is defined as meeting all the terms, conditions and specifications as stated herein. PAYMENT Payment is based upon the pricing offered on the response page and no additional compensation shall be offered or paid. Price shall include, but not be limited to, all supervision, labor, equipment, materials, tools, machinery, transportation and other facilities and services necessary to fully and completely provide the item(s)as specified herein. . ........... Page 269 of 604 Page 12 SOLE SOURCE RESPONSE PAGE SOLICITATION #SS300602/SM IXOM WATERCARE, INC. MIEX DOC RESIN, PURCHASE AND DELIVERY OF, TERM CONTRACT ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. 12 MONTH PRICE QUANTITY 1 IXOM WATERCARE, INC. MIFX DOC RESIN, AS SPECIFIED HEREIN 25 TOTE $ $3 * PLEASE AFFIX SIGNATURE WHERE INDICATED By signature on this document, vendor acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's solicitation, without exception, change or alteration of any kind, except as may have been amended by the County prior to the due date of this solicitation. FIRMA IRM NAME: (Enter the entire legal name of the bidding entity) DATE: --x-vi Qu PRINT NAME: * SIGNATURE: 641111-T1- PRINT TITLE: Q�Mxy\txc k GA ADDRESS: 3QQ15 CITY/STATE: ZIP CODE: C1-HU-W TELEPHONE# E-MAIL EMERGENCY#(%il LA3� FAX TOLL FREE # (%-Y APPLICABLE LICENSE(S) NUMBER# TYPE: FEDERAL ID# Page 270 of 604 7.C. Consent Bids and Purchases Over $100,000 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Approve the purchase of these two (2) replacement vehicles that were approved in the FY21-22 budget for an estimated amount of$230,750.00 by utilizing the Florida Sheriffs Association Contract No. FSA20-EQU18.0. Explanation of Request: The Fleet Manager recommends the purchase of two (2) replacement vehicles for the Utilities Department- John Deere 4X4 Loader Backhoes from DOBBS Equipment in the amount of$230,750.00. FSA20-EQU18.0 (Effective October 1, 2020—September 30, 2023). How will this affect city programs or services? These vehicles will be utilized for service delivery by the Boynton Beach Utilities Department. Fiscal Impact: Funding approved in account no. 501-2516-519-64-33 in the FY 20-21 Budget. Alternatives: By deferring purchases, departmental maintenance cost and equipment downtime would increase. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Dobbs Equipment Start Date: 10/1/2020 End Date: 9/30/2020 Page 271 of 604 Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type Description D Attachment Agenda Backup- Spreadsheet.pdf D Contract Agenda Backup- Quote and FL Sheriff's Contract FSA20-EQU18.0.pdf Page 272 of 604 `o J o-- C 0 ti cOs 0 N 0 4- 0 rlN CD W rrs N N � T N Q O 0 © V'.icm ' M QIL !,M �' LL ° (� = q K1 in p . 4.0 o M U, V aizv u. ° o va M LL y LL N Z N L O N w as d �s L m LU s 0 e 7 m G L' � V 0 fn uW O > � G W kak Z'� , DOBBS _ E Q U I P M E N T A John Deere Dealer FLORIDA SHERIFFS ASSOCIATION FLORIDA ASSOCIATION OF COUNTIES ® Contract for Vehicles and Equipment Contract Number FSA20-EQU18.0 Spec#169 4x4 Loader Backhoe John Deere 310SL Loader Backhoe Ext with Pilot Controls December 15,2021 Quote For: City of Boynton Beach-Utilities Base Unit: One(1) Deere 31 O Backhoe Loader,4304, Canopy $76,055.00 24" Backhoe Bucket, Deere Two Lever Controls, 1.3 Yd Loader Bucket,2 exterior rear view ani ors Stated Options From Contract: 9110 Add Ride Control 1,476.00 2035 Enclosed Cab with Air Conditioning 10,800.00 6020-1 Rear Extendible Dipperstick(extend a hoe) 6,207.00 6230-1 Add Auxiliary Hydraulics to rear I and 2 way flow 3,399.00 7080 Third function loader hydraulics 2,425.00 5285 Pilot Joystick Controls with pattern selectoi 1,925.00 7685 1.32 Yard Multi-purpose(4 in 1)front Bucket 5,634.00 9905 Strobe Light 437.00 9116 Premium LED Light Package 781.00 Non Specified options @ 25% Discount ftom List: 70B6000 Add Top of bucket mount fork set 48"tine 2,375.00 SWGWR Wain Roy tilt bucket assembly 6,035.00 9140 Heavy Duty rear Bucket Cylinder 27100 9947 Heavy Duty Stabilizer Pads 462.00 9965 Cloth Air Suspension Seat 503.00 Total List Price Non-Specified Options: 9,648.00 Less Contract Discount of 25%: (2,412.00) Total Non Specified Options 7�236,00 Total Sheriffs Price City of Boynton each for 2021-2022 $115,375.00 Standard Equipment Included: 2 Exterior Rear View Mirrors/Front View Mirror Grill Bumper Guards/Battery Disconnect and Jumper Lug 5F/3R Powershitoshift Transmission with limited slip differential 19.5L-24 12 PR Rear tires/12.5/80-1 10 PR Front Tires M FWD Guard Greg Dudek, Governmental Sales Manager 3933 Martin Luther King Jr. Blvd West Palm each, FL 33404 Phone (239)470-0822 Fax(561)848-7099 Page 274 of 604 1131122,7.36 AM The Florida Sheriffs Association f (https://www.facebook.com/floridasheriffsassociation/) (https://twitter.com/FLSheriffs) FLORIDA SHERIFFS ASSOCIATION (https://www.flsheriffs.org/) Become a Member (https:Hmembership_flsheriffs.org/Membership-LP.html#Choose) About Sheriffs Programs Publications Join Today(https://membership.flsheriffs.org/Membership-LP.htmi) Renew Membership (https://membership.flsheriffs.org/Membership-LP.html#Choose) PURCHASING c Back to Main Purchasing Page (https://www.flsheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FS 20-EQU 18.0: HEAVY EQUIPMENT Contract Term: October 1,2020 —September 30, 2023 The Florida Sheriffs Association in partnership with the Florida Association of Counties offers statewide purchasing contracts on a variety of vehicles, equipment and services that are available to all eligible agencies. While most agencies purchasing from our contracts are within the state of Florida, eligible agencies from other states have used the contracts if their governing purchases ordinance allows. httpsJiwww.fisheriffs.org/law-enforcement-programs/purchasing/fsa2Oequl8 Page 275 of iW 1131122,7:36 AM The Florida Sheriffs Association For details of the products and services available, use the links located below that match the commodity you are seeking to purchase. The bid links will take you to pages that are solely dedicated to the bid award for particular commodities. Follow the purchasing instructions and remember to send CPP a copy of your purchase order. Continue to scroll the bottom of the page to find links to all the bid supporting bid documents. The bid awards and schedules are supported by a dedicated FSA staff with the assistance of our Advisory Board(s). We are available Monday through Friday to answer any questions or assist you in your purchasing transactions. Before you make a purchase, we encourage you to read the terms and conditions associated with each commodity. There are certain requirements for manufacturers, vendors, and the end user that you should be familiar with prior to and after the initial acquisition. These terms and conditions are written based on best practices to simplify the process for the buyer and the seller. Since its inception in November 1993, approximately 70,580 vehicles and equipment have been purchased through these programs, resulting in tremendous savings and workload efficiencies for participating agencies statewide. Purchaser Ordering Process Tutorial i 3 i I I I 0:00 5;40 ht ./Avww.fsheriffs.orgltaw-enforcement-programs/purchasing/fsa20equ18 Page 276 of X94 1131122,7:38 AM Award Report Bid Award Contract: FSA20-EQU18.0, Heavy Equipment Group: LOADER: Loader Backhoe with Canopy 4x4 Standard Item: 169, John Deere, 310SL, 310SL Zone Rank Vendor Price Percent: Build File Options File Western Primary Dobbs Equipment, LLC $76,055.00 0.00% Build Options Northern Primary Dobbs Equipment, LLC $76,055.00 0.00% Build Options Central Primary Dobbs Equipment, LLC $76,055.00 0.00% Build Options Southern Primary Dobbs Equipment, LLC $76,055.00 0.00% Build Options https://www.myvendorlink.comlcommonlawardreportzonenooptionsitem.aspx?sid=97483&in=169 Page 277 of 604 DOB BS . a JOHN DEERE E Q U I P M E N T Florida Sheriffs Association, Bid FSA20-EQUI8.0 - Heavy Equipment FSA Bid Spec#169 - 4x4 Loader Backhoe w/ Canopy (Standard Stick) Base Price John Deere Model 310SL, Loader Backhoe - Stated Options $76,055 Discount off MSRP List Price for Non-Specified Options = 25% Spec# Option Code, Des;dg!I9n Price 169 JD 310L EP Credit to downgrade to John Deere model 310L EP backhoe -$3,260 169 JD 310L Credit to downgrade to John Deere model 310L backhoe -$1,500 169 3035 Credit to downgrade to 2-wheel drive, in lieu of 4-wheel drive -$6,100 169 JD 310SL HL Upgrade to John Deere model 310SL HL backhoe $8,109 169 JD 410L Upgrade to John Deere model 410L backhoe $18,656 169 JD 710L Upgrade to John Deere model 710L backhoe $65,434 169 JD210L Upgrade to John Deere model 210L 44 boxblade tractor with cab A/C $28,779 169 3095 Add autoshift tranmission $2,194 169 9110 Add ride control $1,476 169 2035 Add enclosed cab with heater and air conditioning $10,800 169 QC125GB Add 1.25 CU YD grapple bucket(310-410) $11,903 169 6020-1 Add extendible dipperstick(310-410) $6,207 169 6020-2 Add extendible dipperstick(710) $7,955 169 6220-1 Add auxiliary hydraulics, 1-way flow (310-410) $2,047 169 6220-2 Add auxiliary hydraulics, 1-way flow(710) $4,008 169 6230-1 Add auxiliary hydraulics, I& 2-way flow(310-410) $3,399 169 6230-2 Add auxiliary hydraulics, I&2-way flow(710) $6,368 169 5285 Add pilot joystick rear controls $1,925 169 7080 Add 3rd function loader hydraulics $2,425 169 7085 Add front Loader coupler,3rd function hydraulics and ride control $7,401 169 7685 Add multi purpose bucket, 1.32 CU YD capacity $5,634 169 5410 Add manual rear quick coupler(310-410) $939 169 5460 Add rear hydraulic quick coupler $5,579 169 9116 Add premium LED light package $781 169 9505 Add full IVIFWD driveshaft guard $317 169 9905 Add strobe light $437 169 9917 Add AM/FM radio $648 169 9235 Add hydraulic 4-tine backhoe thumb(only for extendible dipperstick) $4,289 169 AT308139 Add 60x60 fork set for quick coupler $3,063 Revised 10/18/21 Page 278 of 604 7.D. Consent Bids and Purchases Over $100,000 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: 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 February 15, 2022 - "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION SOLICITATION RENEWAL AMOUNT NUMBER TERM Annual McKim& Creed, Supervisory Control and Data (SCADA) February 27, Estimated Inc. ; Star System Programming, Preventive RFQ No. 038- 2022 - Expenditure Controls, I nc. Maintenance and Repair Services 2821-19/TP February 26, 2023 $100,000 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 279 of 604 Is this a grant? Grant Amount: Attachments: Type Description D Attachment Bid Extensions and Piggy® acs over $100,000 D Attachment Renewal Interest Letter ® McKirn-Creed Inc. - 2022-2023 D Attachment Renewal Interest Letter ® Star Controls Inc. - 2022-2023 Page 280 of 604 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 February 15, 2022 REQUESTING DEPARTMENT: UTILITIES DEPARTMENT CONTACT: WANEYA BRYANT TERM: February 27, 2022, to February 26, 2023 SOURCE FOR PURCHASE: City of Boynton Beach RFQ 038-2821-19/TP ACCOUNT NUMBER: 403-500-535-65.04, 403-5000-533-65.02 VENDOR(S): McKim & Creed, Inc.; Star Controls, Inc. ANNUAL ESTIMATE: $100,000 DESCRIPTION: On January 21, 2020, Commission approved and authorized the City Manager to sign individual Agreements Resolution No. R20-006 with McKim & Creed, Inc. and Star Controls, Inc. for RFQ 038-2821-19/TP Supervisory Control and Data (SCADA) System Programming, Preventive Maintenance and Repair Services. The Agreement was for an initial two (2) year period with the option to renew for three (3) additional one-year periods. The vendors have agreed to renew the agreement for the 1 sc one-year term. The City o Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach,FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 January 18, 2022 Mike Stoup, PE— Electrical & Instrumentation Group Manager McKim & Creed, Inc. 1365 Hamlet Avenue Clearwater, FL 33756 VIA EMAIL TRANSMITTAL TO: rnstoup mckimcre d.cgr RFQ: SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES RFQ No.: 038-2821-19/TP CURRENT AGREEMENT TERM: FEBRUARY 27, 2020—FEBRUARY 26, 2022 Dear Mr. Stoup: The current agreement term for "SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES" expires February 26, 2022. The agreement allows for three (3) additional one (1) year extensions. The City of Boynton Beach would like to extend the bid for its 1st renewal for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services along with the company's update COI via email to Drattt bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at(561) 742-6308. Sincerely, I*kaL Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 282 of 604 The City of Boynton a c . Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach,FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 January 18, 2022 RFQ; SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES RFQ No.: 038-2821-19/TP Agreement between the CITY OF BOYNTON BEACH and McKim &Creed, Inc. AGREEMENT RENEWAL TERM: FEBRUARY 27, 2022—FEBRUARY 26, 2023 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) MCKIM & CREED, INC. NAME OF COMPANY SIGNATURE / l(`� Q �(,Cc P V" C 'p— NAME pNAME OF REPRESENTA IVE TITLE (please print) z6 l Z DATE (AREA CODE)TELEPHONE NUMBER E-MAIL America's Gateway to the Gulf Stream Page 283 of 604 The City of Boynton Beach Finance/Procurement Services 100 E.Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 January 18, 2022 Tzi Magril, President Star Controls, Inc 11555 Heron Bay Blvd Suite 200 Coral Springs, FL 33076 VIA EMAIL TRANSMITTAL TO: tmagril _star-controls.com RFQ: SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES RFQ No.: 038-2821-19/TP CURRENT AGREEMENT TERM: FEBRUARY 27, 2020—FEBRUARY 26, 2022 Dear Mr. Magril: The current agreement term for "SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES" expires February 26, 2022. The agreement allows for three (3) additional one (1) year extensions. The City of Boynton Beach would like to extend the bid for its 1St renewal for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services along with the company's update COI via email to prattt _bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, 1*kAL Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 284 of 604 The City of Boynton Beach Finance/Procurement Services 100 E.Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 January 18, 2022 RFQ: SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES RFQ No.: 038-2821-19/TP Agreement between the CITY OF BOYNTON BEACH and Star Controls, Inc. AGREEMENT RENEWAL TERM: FEBRUARY 27, 2022—FEBRUARY 26, 2023 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) STAR CONTROLS, INC. %Z� - NAME OF COMPANY SIGNATURE Tzvi Magril President NAME OF REPRESENTATIVE TITLE (please print) 01/18/2022 Office: 954-604-6656; Cell: 954-288-7954 DATE (AREA CODE) TELEPHONE NUMBER TMAGRIL@STAR-CONTROLS.COM E-MAIL America's Gateway to the Gulf Stream Page 285 of 604 7.E. Consent Bids and Purchases Over $100,000 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Approve additional scope in Task Order ASPS-93-031721 with Atlantic Southern Paving & Sealcoating, Inc., in the amount of$62,938 in accordance with Bid No. 010-2512-18/IT to replace damaged asphalt paths, concrete sidewalks and curbing on High Ridge Road. The amended task order amount will be $296,856.65. Explanation of Request: I n January 2022, Commission approved Task Order ASPS-93-031721 with Atlantic Southern Paving & Sealcoating, Inc., in the amount of$233,918.65 in accordance with Bid No. 010-2512-18/IT to rehabilitate High Ridge Road from NW Commerce Park Drive north to Miner Road. The scope for this project was developed in April of last year. Since that time, more asphalt road & pathway, sidewalk and curbing has been damaged and should be added to the project. Staff also included the regrading of the swales to get stormwater off the road. How will this affect city programs or services? The proposed project will restore this segment of roadway to a new"A" score condition with an anticipated service life of 15 years. The pedestrian pathways on both sides of the road will be restored to a "like need' condition, free of trip hazards and in conformance with current ADA standards. Fiscal Impact: The project is budgeted and will be funded from the CIP High Ridge Road Improvement Project(Acct No. 303-4905-580.63-08, Project No. TR2104). Alternatives: The pathways, sidewalks can curbing could go unrepaired. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 286 of 604 Type Description D Attachment Attachment 1® Presentation D Attachment Attachment 2 ® Limits of Construction D Attachment Attachment 3®Additional scope proposal D Attachment Attachment 4® Location of Additional Scope I terms Page 287 of 604 l� y � t ° - IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Illllillllldllll�!� t van ISM ,.t 0 \ o n4 TV co p co__ ftifR:Mft1 iv"5f&1NSti)" t b CO) ri ^ f� LL \FwiFiF i�:fx'd9nitxatldH ,t 4 {�f CO 41(pN SROM% t t `kb1:A iv"1f&1NNi) 1 t frzo iv"1f&1NA >N ma"VA iv"Y'itx&SCY " t\ �uU"e;� t a a�rr iwo v 1 t t s , 0 9 Ln 0�/� \1J l- O [ co �� TmRTIF S� dt fiei co C7 , n:. t ++ y � s L 3 Q f6 •N .N U 0 - O +- i LU 0 f6 O U > N N O N — L ED a..i 0 O N O N a--+ O O a0-+ U 0 f6 .N N N m N � � � •t1A O N � � LU on 5. DC N � 1 O ate-+ N ' j t1A CO Uu +� U i cOn O O O a= C: U Q Uon ca .`n O U •E •� N U ca U i .� }' N N f6 m w O O� `� •N f6 t1A N O -0 ca C: O N on N O � O N •O Q ca N ca v U � U w 0 U U N E .N 0 f6 u U on Q Q U N f6 1 a, i I N > L v S O Q Q O i to 0 c OA O_ >, ++ %4- 0.0 4-dA i N i GJ i .N t)A 0 > N I . N .- _0 O c S U .r_ v O N dA U. 0 O �� 4- r_ r_ O v O 1 •r N ++ c� O •i O_ Q O v E a *' c� > E a u co Q a 0 o N a 4:4 N - J2 t ^ t^w •E00 N GJ i -o O 'N GAJ O r r p V r M V V � W N O ++ i N _0 O 0 Z O = m 0 NS w Z -0 w Q �� M +�+ E i 3 -(v •O •N dA +_+ � GAJ C O Q •c� 0 •Q 0 a bio tuo 4' fB � ��IM 4� CL - ye O Q — � V Q O N OC Y2 co U 0') N Q 3 � � •� Y � , 0 N a t�r;rl'k.t I�� J s � ;�. tr � — 4-a •� L. ,, t� i :� �Q L 0- 0- 00 Q OO O ty ` U U U cn �ta',irn O 0 # U O I U1 o >' U 4- + {F t L eCL 4A L > f„ lam�x • c6 O • O °C z � 4-J U _ •� O O m L 4- U o N 00 O N E to 0 C5 4- 00 Ln -oLn, Ln l� a� N -0 O N O7 a)C:) N — M ON M � z N -0 —_ M U Q _0 Vf -Q Q •� N O N U Vf l'�p•� � a� 0 _0 V -on E • O .cn � (nn U 4- N _0 _0 V N E N N •� •� QQ D "0 •U •U LM 0- _ E Q Q M ■ ■ ■ F— 9 �0�/� \1J 4- 0 LO VJ N N ale • Attachment 1—Location Map High Ridge Road (from NW Commerce Park Drive to Miner Road) Reconstruction Boynton Beach Aerial 1—High Ridge Rd—the segment of road to be rehabilitated is highlighted in yellow � t - �t�j��t - py ,F + 1 a4 „_ � r r ,3'•3 �" >t`:."=,��m�_�,� �.,, ,,,'tuu�t�,.n„�„ � w`��3,33r i Iu' ua.,,,,�. 1 Cage Page 296 of 604 Walk Path and Sidewalk Repair Proposal / Change Order 1 City Of Boynton Beach Public Works Carl Frumenti Project: High Ridge Rd / Task 93 / Change Order 1 High Ridge Rd Boynton Beach, FL 33435 ATILANTI+CS UTHERN Rich Atzert Account Manager Page 297 of 604 Your Pavement Contractor Company Info Contact Person ATLANTICSOUTHERN PAVUNG AND SEAF.0€aATING Rich Atzert Atlantic Southern Paving and Sealcoating Account Manager 6301 West Sunrise Blvd Rich@atlanticsouthernpaving.com Sunrise, Florida 33313 Cell: 954-299-6114 Office 954-581-5805 P: 954-581-5805 F: 954-581-0465 http://www.atlanticsouthernpaving.com About Us We Solve Problems and Make Complicated Simple! We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving & Sealcoating provides pavement design, maintenance & construction services to the residential, commercial, recreational and industrial markets throughout the United States. Please find the enclosed proposal and do not hesitate to call us with any questions. Watch a Video About Us: CLICK HERE FDOT Certified ntr Ct r Page 2 Page 298 of 604 Proposal: High Ridge Rd / Task 93 / Change Order 1 ATINGAND EA�fi"TRN MOT 1. Item 3- Flagmen 192 hours @ $19.00 per hour. $3,648.00 Total Price: $3,648.00 Asphalt Walk Path 1. Item 53 -remove asphalt 46.9 SY @$20.00 per SY. $938.00 2. Item 31 -6" limerock 15.6 SY @$15.00 per SY $234.00 3. Item 38 - 1" asphalt 2.6 tons @$390.00 per ton $1,014.00 Total Price: $2,186.00 Full Depth Repair 1. Item 53 -remove asphalt 116.8 SY @ $20.00 per SY. $2,336.00 2. Item 23 -Remove unsuitable material 31.1 CY @ $30.00 per SY. $933.00 3. Item 31 -6" limerock 116.8 SY @ $15.00 per SY. $1,752.00 4. Item 38 - 1" asphalt 6.5 tons @$390.00 per ton. $2,535.00 Total Price: $7,556.00 Page 3 Page 299 of 604 Proposal: High Ridge Rd / Task 93 / Change Order 1 ATINGAND FA�fi"TRN Concrete 1. Item 93 -SRR 4" concrete 1,061 SF @ $7.50 per SF. $7,957.50 2. Item 90 -New 4" concrete 131 SF @ $10.50 per SF. $1,375.50 3. Item 95 -handicap mats 1 @ $300.00 each $300.00 4. Item 87 -F curb 27 LF @ $47.00 per LF $1,269.00 5. Item 88 -valley gutter 70 LF @ $45.00 per LF $3,150.00 6. Item 89 -header curb 47 LF @ $42.00 per LF $1,974.00 Total Price: $16,026.00 Swale Grading 1. Item 22 -Grubbing .38 acres @ $20,000.00 per acre $7,600.00 2. Item 23 -removal unsuitable material 669.4 CY @$30.00 per CY $20,082.00 3. Item 28 -Floritam sod 1,825 SY @ $3.20 per SY. $5,840.00 Total Price: $33,522.00 Page 4 Page 300 Of 604 Price Breakdown: High Ridge Rd / Task 93 / Change O AVINGAN!SEALCO T Please find the following breakdown of all services we have provided in this proposal. This proposal originated on January 27, 2022.Job Number: 2200075 Item Description Cost 1. MOT $3,648.00 2. Asphalt Walk Path $2,186.00 3. Full Depth Repair $7,556.00 4. Concrete $16,026.00 5. Swale Grading $33,522.00 Total: $62,938.00 Authorization to Proceed & Contract The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. When signed, this document becomes a contract. E&OE We understand that if any additional work is required different than what is stated in this proposal/contract, it must be in a new contract or added to this contract. Please see all attachments for special conditions that may pertain to aspects of this project. This proposal is good for a period of up to 30 days from the date of the proposal. Page 5 Page 301 Of 604 Proposal: High Ridge Rd / Task 93 / Change Order 1 AVINGAN!SEALCO T Acceptance We agree to pay the total sum or balance in full upon completion of this project. No deposit required. Date: Carl Frumenti I Project Manager Rich Atzert I Account Manager City Of Boynton Beach Public Works Atlantic Southern Paving and Sealcoating 222 NE 9th Ave 6301 West Sunrise Blvd Boynton Beach, FL 33435 Sunrise, Florida 33313 frumentic@bbfl.us E: Rich@atlanticsouthernpaving.com C: 561-512-4408 C: 954-299-6114 0: 561-512-4408 P: 954-581-5805 F: 954-581-0465 http://www.atlanticsouthernpaving.com Page 6 Page 302 Of 604 PROJECT 1.1 ISS Miner Rd I 1 I f an � tti rff 7 1s5}��li i { { y �li •� i�'�i t �`- � Iii t3�5 t I(s: deader Curb Replacement&Fdge Reolgirs GL t'rtrt f�2 f t5x", Ts MIN 25411 4111 9 �I sSIructurep Rand Remrs NW AV f AD.A Crosswalk,curbing,k slab replacaac?�enti q�1N CCYi9�m�CL park€1: fbArkPR0jECT LIMITS n` ,r a t �t.Gz,'f,Pt16� �VI1 s7�� tip . fly. Gateway BI-vi" Page 303 of 604 7.F. Consent Bids and Purchases Over $100,000 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Authorize the City Manager to issue a Purchase Order in the amount of $163,751 to Gentile, Glas, Holloway, O' Mahoney & Associates, Inc. for professional services for a Parks & Recreation System Master Plan. These services will be performed in accordance with the City of Boynton Beach General Consulting Services Agreement RFQ No. 046-2410-17/TP executed August 20, 2018. Proposed Resolution R22-030- Budget amendment to increase Park Impact Fee Fund by $175,000 to bring appropriated expenditures from$66,067 to $241,067. Explanation of Request: The Recreation & Parks Department is requesting professional consulting services provided by 2GOH & Associates to provide a Parks& Recreation System Master Plan. The Master Plan will be conducted following national standards according to NRPA CAPRA accreditation. Services include conducting a needs assessment, analysis of Recreation programs and park usage trends, demographic analysis, evaluation of existing and future parks and facilities, level of service benchmarking compared to national standards, Recreation program assessment, operation and maintenance practices, Capital Improvement Project planning, and public engagement to provide a long vision plan for Recreation services in the City of Boynton Beach. How will this affect city programs or services? Will assist City staff in determining overall needs of the City's Park System. Fiscal Impact: The cost for the 2GOH &Associates to conduct a Parks System Master Plan fiscal impact is$163,751.00 from the Parks Impact Fund. Alternatives: The alternative is to bid the scope of services to receive estimates from other consulting firms, which may delay the Department's reaccreditation. Strategic Plan: High Performing Organization Strategic Plan Application: A System Parks & Recreation Master Plan will allow the Recreation & Parks Department to have a long-range vision developed by staff and input from the community. Climate Action Application: Page 304 of 604 Is this a grant? Grant Amount: Contracts Vendor Name: Gentile, Glas, holloway, O'Mahoney &Associates Start Date: End Date: Contract Value: 163,751.00 Minority Owned Contractor?: No Extension Available?: Extension Explanation: Attachments: Type Description D Addendum Parks Master Plan Proposal D Addendum BudgetAmendment Page 305 of 604 SCOPE FOR PROFESSIONAL PLANNING AND LANDSCAPE ARCHITECTURAL SERVICES Gentile Glas HolQowa Client: Kacy Young, CPRP Mahoney Director, Recreation &Parks &.A,10 t is lC c,1.1, -��<� �,e. Recreation and Parks Department City of Boynton Beach �fl'1Yg13ri3Ctl�rll 1.(+fl4t€�I.11Sfti Mailing Address: PO Box 310 1 Boynton Beach, Florida 33425 ,to7ca€„nxrcaf.anc Physical Address: 100 E. Ocean Ave I Boynton Beach, Florida 33435 PH: 561-742-6236 YoungK@bbfl.us upite I-Ionil.,33158 %1-5,-3260 FAX Re: Professional Planning Services for the preparation of a Recreation and Parks Master Plan to be """"'g R' n, used as part of the CAPRA Certification for the City of Boynton Beach, FL. Job Name: Recreation and Parks Master Plan Date: January 24,2022 Job Number: 22-0115 This is to confirm the authorization to the business entity Gentile Glas Holloway O'Mahoney & Associates, Inc., Landscape Architects, Planners, Environmental Consultants (Consultant) for the performance of Professional Planning and Landscape Architectural Services. These services are provided under our annual contract for Planning Services RFQ 046-2410-17/TP. The scope of requested services is described herein: 1. Agreement for Services: The Consultant agrees to provide professional recreation and planning services to assist the Client in development of a Recreation and Parks Master Plan that will assist in the City of Boynton Beach obtain their CAPRA Certification. Said services to be provided to the City of Boynton Beach are documented in Exhibit A of this agreement under the scope of work. The Client agrees to compensate the Consultant for those services under the terms of this Agreement and RFQ 046-2821-17/TP. The Consultant's services shall be performed in a manner consistent with that degree of skill and care ordinarily exercised by practicing design professionals performing similar services in the same locality, at the same site and under the same or similar circumstances and conditions. The Consultant makes no other representations or warranties, whether expressed or implied, with respect to the services rendered hereunder. A. All other provisions of our existing general consulting services agreement dated August 201h, 2018 shall apply to this authorization of services. B. See Attached Exhibit A for full scope of services. • SCOPE OF WORK: The full scope of work is outlined in Exhibit A, a part of this agreement. Compensation for said services is further detailed in this agreement including reimbursable expenses. The Team assembled for this project includes Gentile Glas Holloway O'Mahoney& Associates, Inc., Landscape Architects, Planners, Environmental Consultants (2GHO, Inc.), Project Administration, Planning, Design and Cost Estimating; Perez Planning and Design (PP+D), Parks Planning; PROS Consulting (PROS)Recreation and Operations Management and ETC Institute (ETC)Statistically Valid Survey. • COMPENSATION : Compensation by Client to(2gho, Inc.)Gentile Glas Holloway O'Mahoney&Associates, Inc. for these professional services will be a Fee of One Hundred Sixty-Three Thousand Seven Hundred Fifty-One Dollars($163,751.00) based upon the following Phases of Work: A. Compensation for services rendered by the Consultant Team, Phase 1 Existing Conditions Analysis shall be a fixed fee of Fifty-Tow Thousand Seven Hundred Eighty-Nine Dollars and 00/100 ($52,789.00)including reimbursable expenses. Page 306 of 604 Recreation and Parks Master Plan/Job No. 22-0115 January 24, 2022 Page 2 of FIRM FEE 2GHO, Inc. $ 12,905.00 PP+D $20.983.00 PROS. $ 18,901.00 ETC $ 0.00 B. Compensation for services rendered by the Consultant Team, Phase 2 Needs and Priorities Assessment shall be a fixed fee of Fifty-One Thousand Six Hundred Thirty-Eight Dollars and 00/100 ($51,638.00)including reimbursable expenses. FIRM FEE 2GHO, Inc. $ 5,880.00 PP+D $ 17,331.00 PROS. $ 10,987.00 ETC $ 17,440.00 C. Compensation for services rendered by the Consultant Team, Phase 3 Visioning shall be a fixed fee of Thirty-Five Thousand Seven Hundred Forty-Three Dollars and 00/100 ($35,743.00)including reimbursable expenses. FIRM FEE 2GHO, Inc. $ 5,670.00 PP+D $ 11,761.00 PROS. $ 18,312.00 ETC $ 0.00 D. Compensation for services rendered by the Consultant Team, Phase 4 Implementation shall be a fixed fee of Eight Thousand Four Hundred Eight Dollars and 00/100 ($ 8,408.00) including reimbursable expenses. FIRM FEE 2GHO, Inc. $ 1,476.00 PP+D $ 6,932.00 PROS. $ 0.00 ETC $ 0.00 E. Compensation for services rendered by the Consultant Team, Phase 5 Final Report and Adoption shall be a fixed fee of Fifteen Thousand One Hundred Seventy-Three Dollars and 00/100 ($15,173.00)including reimbursable expenses. FIRM FEE 2GHO, Inc. $ 2,572.00 PP+D $ 9,723.00 PROS. $ 2,878.00 ETC $ 0.00 REIMBURSABLE EXPENSES *Reimbursable fees include Travel, printing, mailing, local mileage, and long-distance calls based on scope of work. Requested additional services shall will include reimbursable expenses for those services. OTHER CONDITIONS: 1. Reimbursable Expenses: Included in Fees 2. Client's Responsibilities: The Client shall be responsible for the following: LC000530 C:�Users�George�AppDato�LocoAMicroscftiWindows�WetCache�Content.Outlook�U8WX128M�Recreation and Parks Master Plan 22-0115 01- 24-22.doc Page 307 of 604 Recreation and Parks Master Plan/Job No. 22-0115 January 24, 2022 Page 3 of A. The Client shall provide full information concerning the Scope of Work, shall set forth the Client's objectives, restraints, and criteria. B. The Client shall provide the Consultant with existing available information as needed by the Consultant to perform the services of this agreement. The Consultant shall rely on the accuracy of the information provided by the Client in the performance of his work under this Agreement. C. The Client shall provide the Consultant with all other engineering studies, reports and other completed documents as may be necessary for the performance of his work under this agreement. The Consultant shall rely on the accuracy of these items in the performance of his work. 3. Payment for Services: The Consultant shall bill the Client for its services under this Agreement at such times as it shall deem proper. All invoices are due and payable upon receipt by the Client. Interest, at a rate of 1.5% per month, shall accrue on invoices outstanding more than 30 days. The Consultant will stop all work per this Agreement on invoices past due 30 days. Work will not commence until all past due invoices are paid in full. The Consultant assumes no responsibility for damages, financial, physical,or other, because of work being stopped. 4. Termination of Agreement: This Agreement is terminable anytime upon notice of the Client or the Consultant to the other party. Termination of this Agreement, however, shall not relieve the Client of any responsibility for payment for any services performed by the Consultant before receipt of the notice of termination. 5. Extent of Agreement: This Agreement represents the entire Agreement between the Client and the Consultant concerning the Scope of Work and may be amended only by written instrument signed by the Client and the Consultant. In all respects, the laws of the state shall govern this Agreement of Florida and venue concerning any dispute that may arise under it shall be in Palm Beach County, Florida. 6. Limits of Liability: The Consultant or his consultants shall not be liable to the Client for indirect, special, reliance, incidental, consequential, or exemplary damages (other than personal injury damages) arising out of or concerning the performance of the services for this Agreement beyond the amount of fees paid for such services. Pursuant to this section, an individual employee or agent of the Consultant may not be held individually liable for negligence arising out of or concerning the performance of the services for this Agreement. The Consultant shall not be responsible for monitoring site plan approval status beyond the date of approval by the local jurisdiction having authority over the project. (Most site plan approvals expire 18-24 months after final approval.) 7. Miscellaneous Provisions A. This Agreement is governed by the law of the Consultant's Principal place of business. B. This Agreement is the entire and integrated agreement between the Client and The Consultant and supersedes all prior negotiations, statements, or agreements, either written or oral. The parties may amend this agreement only by a written instrument signed by both the Client and the Consultant. C. In the event that any term or provision of this agreement is found to be unenforceable or invalid for any reason, the remainder of this agreement shall continue in full force and effect, and the LC000530 C:�Users�George�AppDato�LocoAMicroscftiWindows�INetCache�Content.Outlook�U8WX128M�Recreation and Parks Master Plan 22-0115 01- 24-22.doc Page 308 of 604 Recreation and Parks Master Plan/Job No. 22-0115 January 24, 2022 Page 4 of parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. D. Neither the Client nor the Consultant shall assign this agreement without the written consent of the other. E. Irrespective of any other term in this agreement, the Consultant shall not be responsible for construction means, methods, techniques, schedules, sequences, or procedures; or for construction safety, or any other related programs; or for another party's failure to complete their work or services in accordance with the Consultant's documents. F. Client agrees to indemnify, defend and hold harmless the Consultant from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys; fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injury or death, or economic losses, arising out of the Project and/or this agreement, except that the Consultant shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by the Consultant's errors or omissions. G. Should any legal proceeding be commenced between the parties to this agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. H. The Client and the Consultant waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this agreement. The Consultant's waiver of consequential damages, however, is contingent upon the Client requiring the contractor and its subcontractors to waive all consequential damages against the Consultant for claims, disputes or other matters in question arising out of or relating to the project. I. To the extent that damages are covered by property insurance during construction, the Client and Consultant waive all rights against each other and against the contractors, consultants, agents, and employees of the other for such damages. The Client or Consultant, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them similar waivers in favor or the other parties described in this paragraph. J. The Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of improper maintenance for this Project may result in damage to property and or persons. The Client further acknowledges that, as between parties to this agreement, the Client is solely responsible for the results of any lack of or improper maintenance. K. Nothing in this agreement shall create a contractual relationship for the benefit of any third party. 8. Ownership of Instruments of Service: Drawings, specifications, and other documents, including those in electronic form, prepared by the consultant and the Consultants Sub-consultants are Instruments of Service for use exclusively to this Project. The Consultant and the Consultants Sub-consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 9. Retainer: The Client shall pay a retainer in the amount of Zero Dollars ($0.00) upon commencement of services or authorization of additional work under this Agreement. Said retainer shall be credited to the last invoice for service. LC000530 C:�Users�George�AppDato�LocoAMicroscftiWindows�WetCache�Content.Outlook�U8WX128M�Recreation and Parks Master Plan 22-0115 01- 24-22.doc Page 309 of 604 Confirmation Order A—M VS,ARS riL;� City of Boynton Beach(Client) Gentile Glas Holloway O'Mahoney FAR &Associates, Inc. (2GHO, Inc.)(Consultant) By: Gentile Glas By: Holloway O'Mahoney Name S Al n IUC id tI I . George G. Gentile, FASLA, PLA LEEDAP®BD+C 19070,n-, ,La- 5,1-75, a-3,1-b7-i 7 I'll",26110—,n Page 310 of 604 EXHIBIT A Scope of Work Phase 1 —Context Analyses Phase I is designed to integrate with the City's other planning efforts and establish a strong foundation for the master planning process. 1.1 Project Management + Coordination: The 2GHO Team will coordinate our work with the City's Project Manager. We will also monitor the project schedule as it relates to the scope and provide timely invoicing and monthly, electronic interim project status reports describing project progress.We will hold regular bi-weekly or weekly meetings with City staff depending on the phase of the project to review progress, present information, and discuss the direction of remaining portions of the project. The 2GHO Team will work with the City and provide content to upload on an informative internet site to keep team members informed on the status and development of the Parks and Recreation Master Plan. Additionally, the 2GHO Team will provide meeting minutes for all meetings related to the plan. In an effort to keep the project on schedule, we have found that pre-scheduling project milestone dates such as deliverable submittal dates, City review periods, public engagements, presentations, etc., is key to the project remaining on schedule. We will work with the City to develop this schedule and will review it during each review meeting to maintain momentum and/or make any revisions deemed necessary. 1.2 Project Branding: We have found that developing a brand for the project enhances public input for the project. PP+D will develop three project brand options for the City including logos, fonts, and colors and submit them to the City for review. PP+D will revise one of the selected options per the City's comments and develop a final brand for the project. PP+D will then use the logo to develop business cards for the project that can be distributed to encourage participation in the planning process. Additionally, the project brand will be included in all project document. 1.3 City Staff Project Kick-Off Meeting:The 2GHO Team will attend a Kick-Off Meeting with the City.The purpose of the kick-off meeting will be to introduce the project team to City personnel, review the project schedule, and review project goal, objectives, and expectations.2GHO will develop a meeting summary and submit to the City for review. 1.4 Parks and Recreation Steering Committee Kick-Off Meeting: We have found that establishing a project Steering Committee with knowledgeable and influential members of the community is important to creating buy-in and facilitating the implementation of the Parks and Recreation System Master Plan. On the same day as the Staff Kick-Off Meeting, the 2GH0 Team will facilitate a Kick-Off Meeting to introduce the project to the Steering Committee. The purpose of the kick-off meeting will be to introduce the project team to the project Steering Committee, identify and discuss their role in the project, and develop a shared understanding of the critical issues, concerns, and opportunities for the development of a shared vision for the plan.While we will work with the City's Project Manager to establish an agenda, a tentative agenda for the kick-off meeting might include: • Introductions • Ice-Breaker(Interactive Exercise) • Review scope of work and schedule • Review project objectives,expectations, and outcomes • Next Steps PP+D will develop a meeting summary and submit to the City for review. 1.5 Review of Existing Conditions: Parks and Recreation Master Plans are never completed in a vacuum. PP+D will complete an existing plan and context review task of the project by obtaining and reviewing all relevant surveys, studies, and planning documents from the City that may influence the plan. The City will provide PP+D all available City data (hard copy and digital format). We will then review all these documents and provide a brief summary of the documents to identify relevant data that may include, but may not be limited to existing and proposed goals,objectives, policies, initiatives,standards,and projects. Most K:ICompany Information I Client Proposals)City of Boynton Beach)Park Master PlaM Current Contact Forms)Exhibit A 22-0115 01-24-22.docx Page 311 of 604 importantly, we will also preliminarily identify the complex social, economic, and environmental issues that the community may be facing. 1.6 Inventory + Base Map: PP+D will compile an inventory of the existing and planned public, private, and non-profit parks, trails, open spaces and facilities. PP+D will also develop a GIS-based map that will identify and illustrate all the existing and planned public, private, and non-profit recreation sites as well as other natural and greenspace resources including trail networks. Depending on available GIS data, PP+D will also map the following elements for their relevance to the plan: o Existing and Future Land Use Map o Water Bodies, Canals, River,Streams, and Creeks o County Water Rise Studies+GIS Files o Streets o Transit o Bikeways+Trails o Rights-of-Way o Parcel Data (preferably linked to land and building value data) o Environmentally Sensitive/Conservation Areas o Flooding Areas o Areas of High Crime o Tree Canopy o Utility Corridors o Current Inventory of City Parks and Recreation Facilities o Current Inventory of Schools, Churches and Non-Profits(Boys and Girls Club,YMCA, etc. o Current Inventory of Private Recreation Facilities o Current Inventory of Vacant/Derelict Sites o Historic/Cultural Resources PP+D will submit the base maps and inventory for the City's review to ensure accuracy and consistency and will revise the maps and inventory per the City's written comments. 1.7 Park Site Evaluation: Visiting the City's parks and recreation facilities is a critical step in laying a strong foundation for the parks and recreation master plan. PP+D proposes to spend one (3)days with City staff visiting parks, trails, open spaces, and facilities using our custom Parks Evaluation Form as a starting point. Prior to these visits, we will work with the City to modify our Parks Evaluation Form to analyze the City's parks, trails, open spaces, and recreation facilities, based on the expressed values of the community. The form is a result of our experience in completing over one-hundred Parks and Recreation System Master Plans nationwide. This evaluation helps us develop a"baseline" understanding of how well the current system functions and meets the community's need from both a resident and visitor perspective. 1.8 Park Operations, Management, Staffing, and Programming Assessment: PROS Consulting will provide an assessment and analysis of the Park and Recreation Department's current level of programs, services, maintenance, and staffing in relation to present goals,objectives,and directives. Findings from this analysis will be used in the Visioning Phase to provide recommendations related to level of programs, services, maintenance, and staffing for future goals, objectives, and directives.Additionally, PROS will also provide a user fee analysis for facilities, programs, and services. 1.9 Demographic Analysis and Trends: PP+D will also review demographic data for the City. This data is important for providing the City with a data-driven, analytical framework that helps inform the need, enhancement, and transition of facilities and social, recreational, and cultural programs throughout the City. This framework is particularly important for understanding implications associated with existing and future park land, recreational facilities, program needs, operations, and maintenance. Additionally, PP+D will complete GIS based existing demographic analysis charts and maps of key demographic indicators including, but not limited to: • Population • Population projections(if available) • Population density • Population by age • Educational Attainment KI Company Information I Client Proposals)City of Boynton Beach)Park Master PlaM Current Contact Forms)Exhibit A 22-0115 01-24-22.docx Page 312 of 604 • Income + Poverty • Ethnicity and race • Housing characteristics • Social Vulnerability PP+D will provide a summary of findings and their relevance to the recreation and parks master plan. PROS will identify local, regional, and national trends that may influence parks and recreation master plan recommendations. 1.10 CAPRA Review: PROS will integrate Commission for Accreditation of Park and Recreation Agencies (CAPRA)objectives, methods, and standards into the Master Plan where applicable, and make recommendations on actions with the goal of achieving CAPRA certification for the Community Services Department. 1.11 Context Analyses Summary Document: PP+D will compile all the information and data completed for Phase I and will develop a summary document of the Context Analyses. The Summary will identify major issues, concerns, and challenges specific to the City that will affect decisions now and in the future. PP+D will submit the summary document to the City for review and will make revisions per the City's written comments. Deliverables: • Existing Conditions Summary Document • Meeting Agendas+Meeting Minutes Phase 1 —Context Analyses Phase I is designed to integrate with the City's other planning efforts and establish a strong foundation for the master planning process. Phase 2 Needs Priorities Assessment We approach needs assessments using three different techniques: anecdotal, quantitative, and qualitative. The anecdotal techniques were covered in Phase 1 - Task 1.9: Park Site Evaluations. Phase 2 will focus on the qualitative and quantitative techniques. Following are specific types of public engagement techniques that we would recommend for this very important project to gain public support for the project. 2.1 Community Meetings: PP+D and 2GHO will conduct two(2)community meetings at different locations throughout the City. PP+D will work with the City to determine the appropriate exercises to conduct during the neighborhood workshops. We have found that including a multitude of exercises in various stations positioned throughout the room keeps attendees engaged while allowing the City to collect important information. PP+D will develop a meeting summary and submit to the City for review. 2.2 One-on-One Interviews+ Focus Group Meetings: PP+D proposes to spend up to two(2) days conducting one-on- one interviews with key stakeholders including elected officials, the City Manager, Assistant City Manager, and other key stakeholders.We have found that one-on-one meetings are invaluable for obtaining candid information and insights that help inform and address the priority parks and recreation needs and opportunities within the community, as well as identify the difficult and complex social, economic, and environmental issues that the community is facing. During those two days, PP+D would also meet with Focus Groups and Stakeholders to address special interest group needs. PP+D will develop a meeting summary and submit to the City for review. 2.3 Statistically Valid Survey: PP+D will work with ETC Institute to create a statistically valid mail-in and telephone survey. ETC Institute is considered the absolute industry leader in leisure surveys. PP+D staff have worked with ETC Institute for over 15 years on recreation and park master plan projects. PP+D and ETC will work with the City to develop a questionnaire that is appropriate for the City. Once approved by the City, ETC Institute will conduct a statistically valid community-wide needs assessment to determine current K:ICompany Information I Client Proposals)City of Boynton Beach)Park Master PlaM Current Contact Forms)Exhibit A 22-0115 01-24-22.docx Page 313 of 604 levels of participation and public satisfaction with existing programs, recreation facilities,and services.The survey will determine public interests,desires,expectations,and priorities for the future including the public's willingness to fund expanded programs and services. 2.4 Online Survey: PP+D will complete an online survey via "Survey Monkey" or a similar on-line survey platform that the City is comfortable with, to expand the reach of public engagement. PP+D will use a slightly modified version of the statistically-valid survey for the online survey. PP+D will compile the findings from the online survey into a summary report of findings,and provide the City both with the summary as well as the raw survey results. 2.5 ADA Accessible Multilingual Crowd-Sourcing Project Website: PROS will develop a customized, mobile friendly ad multi-lingual project website that will provide on-going project updates and will serve as the avenue to crowd- source information throughout the project for the entire community. This will be branded in conjunction with the City's brand and the project branding that will be developed and could be combined with input through Social Media and could also host videos through a dedicated YouTube Channel and utilize the City's website. E.g. www.befterparksbetterbroward.com. It has proven to be a very effective tool in engaging the community on an on-going basis as well as maximize outreach to a millennial/multilingual audience that may not traditionally show up at public meetings or choose to respond to a phone or mail survey. BWOW1RD 00 a:...(.0 UN FY ARKS AN FATItiI AbTFmoD,&FAQ T©chnlcol Ro ft, Kay E...t, --ct , 2.6 ■ e ILRead here for the Findings as we build Better Parrs for a Better Broward. Existing Level of Service Analysis: Unlike other planning disciplines such as transportation, waste water, potable water, etc., there are no standards or guidelines for the level of service (LOS) that parks and recreation departments should provide their residents. Each city must determine the appropriate LOS— including park land, facilities, amenities, programs, staffing, operations, and maintenance — required to meet the specific needs of its residents. In order to assist the City in developing appropriate LOS standards, PP+D will analyze existing LOS for the following elements to establish a baseline understanding of the City's current LOS: • Acreage LOS—Measures acreage in a ratio to the community's population (acres per 1,000). • Indoor Recreation Center and Aquatics Space LOS — Measures quantity of square footage of indoor recreation center and aquatics facilities space per capita. • Facilities/Amenities LOS— Measures facility/amenity capacity in a ratio to the community's population, and comparing against a standard or guideline. PP+D proposes to conduct Facilities/Amenities LOS for key facilities/amenities in the system based on the priorities identified in the Statistically-Valid Survey. • Access LOS — Measures travel distances to parks. The best Access LOS analysis uses the exiting roadway and pedestrian network to determine access, rather than "as the crow flies" radii around facilities. Additionally, we identify physical barriers, both man-made and natural, to provide a realistic access level service area.These barriers may include roads that while containing sidewalks, may not be KI Company Information I Client Proposals)City of Boynton Beach)Park Master PlaM Current Contact Forms)Exhibit A 22-0115 01-24-22.docx Page 314 of 604 safe to cross due to a variety of factors that, through our experience,we have identified to be important in determining a streets' cross ability. • Quality LOS—Measures the quality of facilities across the community. • Funding LOS—Measures parks and recreation spending per capita. PP+D will produce a series of maps and tables that illustrate this data and analysis. Findings will be particularly important for tasks outlined in the Phase 3—Visioning and Phase 4—Implementation. 2.7 Benchmarking: PP+D will benchmark LOS findings to available standards such as National Recreation and Parks Association (NRPA) Park Metrics standards. Additionally, PP+D will work with the City to identify five (5) comparably sized city parks systems locally and from NRPA's Park Metrics database and benchmark them to the City. 2.8 Needs + Priorities Assessment Summary Document+ Executive Summary+ Power Point Presentation: PP+D will compile all the information and data completed for Phase 2 and develop a needs and priorities assessment summary document,executive summary,and PowerPoint Presentation. PP+D will submit the summary document and Power Point Presentation to the City for review and will make revisions per the City's written comments. 2.9 Steering Committee and Needs + Priorities Assessment Findings Presentation: PP+D will present the existing conditions and needs and priorities assessment findings to the Steering Committee. PP+D will develop a meeting summary and submit to the City for review. PP+D will collect input and will make revisions as deemed appropriate by the City. 2.10City Council Needs + Priorities Assessment Findings Presentation: After updating the Summary Document and Power Point Presentation based on the one-on-one interviews with the elected officials, PP+D and 2GHO will present the existing conditions and needs and priorities assessment findings to the City Council. PP+D will develop a meeting summary and submit to the City for review. Deliverables: • Needs+Priorities Assessment Summary Document+Executive Summary+PowerPoint Presentation • Meeting Agendas+Meeting Minutes Phase 3 Visioning This Visioning Phase is unique to our process and was developed based on our extensive parks and recreation system master planning experience. PP+D believes that cities can achieve multiple benefits for residents through a collaboratively parks and recreation visioning process. Local residents, stakeholders, and City staff provide invaluable and intimate knowledge of the public realm that enriches the vision for the City and makes it more relevant, implementable,and sustainable. Additionally, the visioning process provides the City with an opportunity to identify the appropriate response to identified community needs and priorities,as well as the difficult and complex social,economic,and environmental issues that communities face. This is an opportunity for the City to maximize its resources and identifies ways to collaborate with other groups and not duplicate services with other providers. It will also provide an additional opportunity for City staff and/or residents and stakeholders to get involved in the planning process. Following are the tasks that PP+D proposes to complete for the Visioning Phase. 3.1 City-wide Parks System Visioning Workshop: PP+D will complete a one(1)day Visioning Workshop to develop appropriate responses,goals, plans,and objectives that articulate a clear vision and"road map"and model for the Parks and Recreation Department's future.Additionally, during the Workshop PP+D will facilitate discussions with relevant case studies on how the City-wide Parks and Recreation System Vision can help address the difficult and complex social,economic,and environmental challenges that the City may be facing. PP+D will work with the City to determine the appropriate scale of the Visioning Workshop. PP+D will develop a meeting summary and submit to the City for review. K:ICompany Information I Client Proposals)City of Boynton Beach)Park Master PlaM Current Contact Forms)Exhibit A 22-0115 01-24-22.docx Page 315 of 604 3.2 City-wide Parks and Recreation System Vision Summary Document: Based on the findings from Phase 1-Context Analyses, Phase 2 - Needs + Priorities Assessment, and Task 3.1: Visioning Workshop, PP+D will develop recommendations for the City-wide Parks and Recreation System Vision. Recommendations will include, but may not be limited to: • Written goals, plans, and objectives and policy statements that articulate a clear vision and "road map" and model for the Parks and Recreation Department's future • Usable and workable definitions and recommendations for designated parks and open spaces with acreages and parameters defined as appropriate • Clear plan for development of programming direction based on standards and demand analysis • Definitive program for acquisition and development of parkland, recreational facilities, open space, trails, and parks maintenance and administration of facilities for the future PP+D will submit the summary document to the City for review and will make revisions per the City's written comments. 3.3 Recreation Programming Plan: Based on the findings from Phase 1- Context Analyses, Phase 2 - Needs + Priorities Assessment, and Task 3.1: Visioning Workshop, PROS Consulting would develop a Program Plan as required by CAPRA for agency accreditation. PROS will submit the Recreation Programming Plan to the Client for review and will make revisions based on 3.4 Capital and Operations Costs: 2GHO will work with PP+D and PROS to prepare a cost estimate for the City-wide Parks System Vision. Costs will include order of magnitude, planning level capital and operations costs. The 2GHO Team will submit the costs estimate to the City for review and will revise per the City's written comments. 3.5 Steering Committee Vision Presentation: PP+D will present the City-wide Parks and Recreation System Vision to the Steering Committee. PP+D will develop a meeting summary and submit to the City for review. PP+D will collect input and will make revisions as deemed appropriate by the City. Deliverables: • Parks and Recreation System Vision Summary Document+Power Point Presentation • Individual Conceptual Park Master Plans • Capital, Operations,Staffing, Maintenance,and Programming Costs Estimate • Meeting Agendas+Meeting Minutes Phase 4—Implementation Critical to realizing a vision is establishing a thoughtful implementation strategy. Different from the vision, the implementation strategy will take elements from the vision and based on the findings from the needs assessment, suggest a phased, multi-year approach to implementing the vision. This will comprise the Financial and Action Plan for the project. Following are the tasks that PP+D proposes to complete for the Implementation Phase. 4.1 Funding Options: PP+D will coordinate with the City's Finance Department to determine realistic future funding opportunities and amounts. Additionally, PP+D will identify a variety of different alternative funding sources, programs, and strategies that have been used by park systems across the U.S.to leverage and stretch the City's available funding. 4.2 Implementation Strategies Summary Document Based on findings from Phase - 1 Context Analyses, Phase 2 - Needs + Priorities Assessment, Phase 3 - Visioning, and Task 4.1: Funding Options, PP+D will develop an implementation summary document that will include, but may not be limited to: • Identified opportunities for available funding and acquisition alternatives • Recommendations for funding operations,staffing,maintenance,and programming • Strategies,priorities,and budget support and funding mechanisms for the short-term,mid-term,and long-term for the park system, open space,trails,and recreation program and services K:ICompany Information I Client Proposals)City of Boynton Beach)Park Master PlaM Current Contact Forms)Exhibit A 22-0115 01-24-22.docx Page 316 of 604 PP+D will submit the summary document to the City for review and will make revisions per the City's written comments. Deliverables: • Implementation Strategy Summary Document Phase 5—Final Report+Adoption Phase 5 gathers all the information developed during the project and compiles it into one holistic and comprehensive document. PP+D will also develop an executive summary. Following are the tasks that PP+D proposes to complete for the Final Report+Adoption Phase. 5.1 Draft Final Report + Executive Summary + Power Point Presentation: PP+D will compile the summary documents from Phases 1 through 4 into a draft final document for the City to review. PP+D will complete a standalone executive summary and PowerPoint Presentation that summarizes key findings from the plan. PP+D will submit the draft report, executive summary, and PowerPoint presentation to the City for review make revisions per the City's written comments. 5.2 Steering Committee Draft Final Master Plan Presentation: PP+D will present the Draft Final Master Plan to the Steering Committee. PP+D will develop a meeting summary and submit to the City for review. PP+D will collect input and will make revisions as deemed appropriate by the City. 5.3 City Council Draft Final Master Plan Presentation: After updating the Draft Final Master Plan based on the one-on-one interviews with the elected officials, PP+D and 2GHO will present the Final Master Plan to the City Councilfor Adoption. Deliverables: • PowerPoint Presentation and a color version of the Draft Master Plan document consisting of three(3)printed andbound color copies and an electronic copy in a format compatible with the City's software • PowerPoint Presentation and a color version of the Final Master Plan document consisting of three(3)printed andbound color copies and an electronic copy in a format compatible with the City's software • A color version of the Executive Summary document consisting of three(3)printed and bound color copies and an electronic copy in a format compatible with the City's software dditionatlMpices - U{ c �ritlt m r�c %st from th, Client t e ConsWtant sh,ll grgide additional servims Rursuarit to this a reelmen e�nsgtiadr� 1 s e a mutua ly agreed ee inc u ing reim u a e expenses. aid a itio al services may rte imi e o: • Parks Bond Referendum from the Parks System Master Plan. 1. Fiscal Analysis of how to fund a Bond 2. Preparing a Bond Referendum Campaign 3. Drafting of Ballot Language • Additional meeting beyond those in the Scope of Work. • Additional Studies or Analysis of Parks • Park Schematic Design Services • Park Design Development Services • Park Construction Documentation Services • Landscape Architectural Services beyond Scope of Work • Construction Administration Services. KI Company Information I Client Proposals)City of Boynton Beach)Park Master PlaM Current Contact Forms)Exhibit A 22-0115 01-24-22.docx Page 317 of 604 I RESOLUTION R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,AMENDING 4 THE FY 2021-22 BUDGET, WHICH WILL ADJUST BUDGETED 5 APPROPRIATIONS AND REVENUE SOURCES FOR THE PARK IMPACT 6 FUND FROM $66,067 TO $241,067.00; AND PROVIDING FOR AN 7 EFFECTIVE DATE. 8 9 WHEREAS, The Recreation & Parks Department is requesting professional consulting 10 services provided by Gentile, Glas, Holloway, O'Mahoney&Associates,Inc.,to provide a Parks 11 & Recreation System Master Plan; and 12 WHEREAS, The Master Plan will be conducted following national standards according 13 to NRPA CAPRA accreditation; and 14 WHEREAS, a budget amendment is required in order to complete this; and 15 WHEREAS, staff is recommending a budget amendment of $175,000.00 for the Park 16 Impact Fund. This brings the budget expenditures for the fund from $66,067 to $241,067.00. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 Section 2. The City Commission hereby approves amending the FY 2021-22 budget 23 for the Park Impact Fund from $66,067 to $241,067.00 as referenced in the attached Exhibit 24 25 Section 3. This Resolution shall become effective immediately upon passage. 26 1 S:ACA\RESO\Budget\2021-2022 Budget\FY21-22 Park Impact Fund Budget Amendment-Reso.Docx Page 318 of 604 27 PASSED AND ADOPTED this 1 st day of February, 2022. 28 CITY OF BOYNTON BEACH, FLORIDA 29 30 YES NO 31 32 Mayor— Steven B. Grant 33 34 Vice Mayor—Woodrow L. Hay 35 36 Commissioner—Justin Katz 37 38 Commissioner— Christina L. Romelus 39 40 Commissioner—Ty Penserga 41 42 43 VOTE 44 ATTEST: 45 46 47 48 Crystal Gibson, MMC 49 City Clerk 50 51 52 (Corporate Seal) 2 S:ACA\RESO\Budget\2021-2022 Budget\FY21-22 Park Impact Fund Budget Amendment-Reso.Docx Page 319 of 604 CITY OF BOYNTON BEACH Exhibit A EXPENDITURE&REVENUE AMENDMENTS BUDGET YEAR 2021-22 2021/22 CITY MANAGER 2021/22 ADOPTED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET Parks&Rec Fac Trust Fund(141) 141-0000-389.91-00 FUND BALANCE (4,933) 175,000 170,067 Adopted Fund Total Revenues 66,067 175,000 241,067 141-2730-572.49-17 OTHER CONTRACUAL SERVICS 65,000 175,000 240,000 Adopted Fund Total Expenses 66,067 175,000 241,067 Page 320 of 604 8.A. Public Hearing 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Proposed Ordinance No. 22-006- First Reading -Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article V. Minimum Off-Street Parking Requirements that address Medical Care or Testing (In-patient), Beverage Manufacturing, Micro-Brewery, Brewpub, Taproom Brewery, and Take Out Restaurant uses. Staff initiated. Explanation of Request: The proposed amendments to Chapter 3 of the Land Development Regulations promote business attraction and retention in the City by expanding locations allowed for certain businesses, as well as through the addition of provisions for new uses not currently allowed by the Zoning Regulations. The proposed amendments regard the following uses: • Medical Care or Testing (In-Patient) • Brewery (Distillery, Winery), Micro-Brewery (Micro-Distillery, Micro-Winery), Brewpub, Tap-Rooms; and • Take-Out Restaurants In addition, ancillary amendments are proposed which aid in the clarity of existing regulations. The attached staff report provides details on the proposed amendments. All proposed amendments are presented under one exhibit(Exhibit A). The Planning & Development Board recommended approval of this item on January 25, 2022. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Page 321 of 604 Attachments: Type Description D Ordinance Ordinance appro\Ang LD R amendments to Chapter 1, 3 and 4 D Staff Report Staff Report D Exhibit Exhibit A® Proposed Amendments D Exhibit Exhibit B ® Staff Presentation Page 322 of 604 1 2 ORDINANCE NO. 22- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 6 AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 1, 7 ARTICLE II. USE DEFINITIONS, CHAPTER 3. ZONING, AND CHAPTER 4, 8 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS THAT 9 ADDRESS MEDICAL CARE OR TESTING (IN-PATIENT), BEVERAGE 10 MANUFACTURING, MICRO-BREWERY, BREWPUB, TAPROOM 11 BREWERY, AND TAKE OUT RESTAURANT USES; PROVIDING FOR 12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 13 14 15 WHEREAS, the proposed amendments to Chapter 3 of the Land Development 16 Regulations promote business attraction and retention in the City by expanding locations 17 allowed for certain businesses, as well as through the addition of provisions for new uses not 18 currently allowed by the Zoning Regulations; and 19 WHEREAS, in addition, ancillary amendments are proposed which aid in the clarity of 20 existing regulations; and 21 WHEREAS, the City Commission of the City of Boynton Beach has considered the 22 recommendations and has determined that it is in the best interest of the citizens and 23 residents of the City of Boynton Beach, Florida to approve the amendments to the Land 24 Development Regulations as contained herein. 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 26 OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing whereas clauses are true and correct and are now ratified 28 and confirmed by the City Commission. 29 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1, 30 "General Administration", Article II "Definitions"; Chapter 3, "Zoning", Article IV "Use 31 Regulations"; and Chapter 4, "Site Development Standards", Article "V", "Minimum Off-Street 32 Parking Requirements" are hereby amended as follows: 33 See Exhibit "A" attached hereto and incorporated herein by reference. 34 1 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)-Ordmance.Docx Page 323 of 604 35 Section 3. Each and every other provision of the Land Development Regulations 36 not herein specifically amended, shall remain in full force and effect as originally adopted. 37 Section 4. All laws and ordinances applying to the City of Boynton Beach in 38 conflict with any provisions of this ordinance are hereby repealed. 39 Section S. Should any section or provision of this Ordinance or any portion 40 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 41 affect the remainder of this Ordinance. 42 Section 6. Authority is hereby given to codify this Ordinance. 43 Section 7. This Ordinance shall become effective immediately. 44 FIRST READING this 15th day of February, 2022. 45 SECOND, FINAL READING AND PASSAGE this day of March, 2022. 46 CITY OF BOYNTON BEACH, FLORIDA 47 YES NO 48 49 Mayor— Steven B. Grant 50 51 Vice Mayor—Woodrow L. Hay 52 53 Commissioner—Justin Katz 54 55 Commissioner— Christina L. Romelus 56 57 Commissioner—Ty Penserga 58 59 VOTE 60 ATTEST: 61 62 63 Crystal Gibson, MMC 64 City Clerk 65 66 (Corporate Seal) z S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1,Ch 3 And Ch 4)-Ordmance.Docx Page 324 of 604 PART III.LAND DEVELOPMENT REGULATIONS EXHIBIT "A" CHAPTER 1. GENERAL ADMINISTRATION ARTICLE II. DEFINITIONS BEVERAGE MFG-An establishment primarily engaged in the manufacturing,purifying,bottling, and distribution of non- alcoholic beverage products_, . BREWERY - An establishment primarily engaged in the manufacturing, purifying, bottling, and distribution of alcoholic beverage products. This industrial use may also include a subordinate commercial component such as a tasting room or retail area that is open to the public. BREWPUB -A restaurant(as defined by this section)that manufactures a maximum of 1,500 barrels of beer per year which is consumed on-site. This use does not include any distribution of beer. DISTILLERY— See Brewery. MICRO-BREWERY - An establishment which combines on-site food service and manufacturing, & distribution of alcoholic beverage products. These facilities are restricted to manufacturing a maximum of 3,000 barrels(or 93,000 gallons) of alcohol per year. This use must include a commercial component such as a tasting room or retail area that is open to the public. MICRO-WINERY— See Micro-Brewery. MICRO-DISTILLERY - See Micro-Brewery. TAP-ROOM — A bar (as defined by this section) that manufactures a maximum of 1,500 barrels (or 46,500 gallons) of alcohol per year which is consumed on-site. This use does not include any distribution. WINERY— See Brewery. CHAPTER 3.ZONING ARTICLE IV.USE REGULATIONS Sec. 3. Use Regulations. Page 325 of 604 D.Use Matrix Residential Commercial Mixed-Use Industr Misc ial P = CA 110 110 9 Permitted N w d d �, 00 " C= Condition al A= Accessory COMMERCIAL Retail Sales Brewpub P P P P P P P P P P P P P A A 2 58 58 58 58 17 17 17 17 17 17 58 27 20 20 58 58 58 58 58 58 58 58 58 21 s8 Micro- C C C C C C C C C C Brewery, 104 104 104 104 15 17 17 17 17 17 Micro- 104 104 104 104 104 104 Winery, Micro Distillery Tap_ C C C C C C C C C C Room 16 14 14 16 16 27 16 16 INDUSTRIAL Brewery, C P P Winery, 9 26 Distillery 14. General Note. The subject use is only allowed on a lot that fronts on an arterial or collector street as defined in Part III, Chapter 1, Article II of the LDR under definitions for "Street-Arterial" and "Street-Collector". Except for those ttses Medical Care or Testing (In-patient) uses that are required to have Conditional Use approval, such uses shall be limited to lots that front on an arterial roadway. 58. Restaurant and Brewpub. a. All Districts. See Chapter 3, Article V, Supplemental Regulations regarding the sidewalk cafe permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: Page 326 of 604 (1) Signage. No external signage for the restaurant use shall be allowed; (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. c. M-1 district. This non-industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple- tenant development on a lot that fronts on an arterial or collector roadway; 2)does not exceed two thousand, five hundred (2,500)square feet; 3)excludes a drive-up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 59. Restaurant(Take-Out). a. M-1 district.This non-industrial use is allowed within the M-1 district,provided that it 1)is located within a multiple- tenant development ; 2) does not exceed two thousand, five hundred (2,500) square feet; 3) excludes a -tr�drive-through; or drive-in facility;-ate 4) complies with all off-street parking requirements of Chapter 4,Article V,and 5)does not tender transactions on-site unless located on a lot that fronts an arterial or collector roadway. . 101. Medical Care or Testing (In-patient). Other requirements and site standards: a. Conditional use approval shall be required if there exists less than a fifty (50) foot setback between the subject use and an abutting residential or mixed use zoning district. This separation is intended to enable proper site design regarding secured access,private outdoor patron amenities,buffering,and the like. Conditional Use approval may be waived for those uses found exempt from the requirements of Items "b" and "c"below,that provide continuous client services designed_ or programmed to conclude within a 24 hour period, and that operate in less than 5,000 square feet. b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points, and operational procedures to restrict unauthorized and/or unarranged accessing or exiting of the facility and/or property. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design.Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to support the objective to control access and increase privacy of areas intended for client or patient use. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design.Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. d. In addition to the locational restriction of footnote No. 14 (arterial roadway frontage), allowed locations within the CRA shall exclude Planning Areas 42, 43, and 44 as defined within the Federal Highway Corridor Community Redevelopment Plan Update adopted in 2006, and the Boynton Beach Boulevard corridor. The intent of this standard is to reserve certain areas within the CRA to those uses that contribute to, and enhance,the entries into the downtown,the fabric of the streetscape,harmonious land use relationships,downtown retail and commerce, and other urban development efforts that establish a sense of place along the key routes leading to, and within, the downtown pursuant to an adopted redevelopment plan. 104. Micro-Brewery, Micro-Winery, Micro-Distiller. a. All Districts (1) Drive-up, drive-through, and/or drive-in facilities are not permitted. (2) All business activities shall occur within a building with the exception of approved loading areas and permitted outdoor seating. (3) This use is required to have an approved delivery and loading area. The location of the delivery and loading area shall be located at the rear of the property and/or behind the building as to not be visible from any right-of-way (public or private) or residential property or use. (4) The establishment must submit proof of required licensing and production quantities. (5) A minimum of 50% of the beverages manufactured must be used for onsite consumption. Page 327 of 604 CHAPTER 4. SITE DEVELOPMENT STANDARDS ARTICLE V.MINIMUM OFF-STREET PARKING REQUIREMENTS Sec. 2. Standards. C. Table 4-18. Commercial and Office&Health Care Uses. Where a use is located in a shopping center,office building, or office-retail complex, the parking space requirement for the shopping center, office building, or office-retail complex in which it is located shall apply; except that where a theater is located in a shopping center the parking space requirement for theaters shall apply for the seating or gross floor area of the theater(see "theater" in Section 3.1).below). Commercial and Office&Health Care Uses Standard Number of Required Parking Spaces Per square feet(unless expressed otherwzse) Building area is based upon gross floor area(in square feet)unless specifically expressed otherwise. Any non-residential use (minimum): 4 or 1 per 200,whichever is greater' Shopping center: 1 per 200 Office-retail complex: 1 per 200 Restaurant: 1 per 2.5 seats (no less than 1 per 100)' Brewpub: 1 per 2.5 seats (no less than 1 per 1002 Restaurant, Take Out": 1 per 300 Bar&night club: 1 per 2.5 seats (no less than 1 per 100) Tap-room: 1 per 2.5 seats (no less than 1 per 100) Micro-Brewery, Micro-Winery, Micro-Distillery 1 per 500 of manufacturing area and 1 per 2.5 seats (no less than 1 per 100) for remaining gross footage. Gasoline station: 1 per 2503 Grocery store: 1 per 200 Auto car wash(polishing,waxing, detailing) Automated(no employees): N/A Full-service: 4 per tunnel4 Auto car wash, self-service bay: 2 per bay Auto/motorcycle/truck, trailer, rec. vehicle 1 per 5005 sales/rental: Automotive,repair major and minor 1 per 250' Automotive,repair(paint and body shops only): 1 per 3008 Boat dealer/rental: 1 per 500' Coin-operated laundry or dry cleaner: 1 per 250 Copying,printing, or sign design: 1 per 300 Page 328 of 604 Funeral home: 1 per 200 Pet care: 1 per 300 Bank and financial office: 1 per 250 Medical or dental office,imaging/testing: 1 per 200 Photography studio: 1 per 300 Personal care (beauty,hair, and nails): 1 per 100 Furniture and home furnishings: 1 per 500 Hospital: 1 per 2.5 beds Taxi, limousine, and charter bus: 1 per 300 Nursery, garden, and farm supply: 1 per 2,000 of outdoor nursery area' Travel agency: 1 per 300 Showroom warehouse (single-product line) 1 per 5000 Business/professional office not listed within this 1 per 300 subsection: Establishments not listed elsewhere within this I 1 per 200 subsection: 1 Non-residential: For the non-residential components of a mixed use project,parking shall be calculated at a minimum of one (1)parking space for each two hundred(200) square feet of gross floor area. 2 Indoor child play areas shall be excluded for this purpose if such areas are designed/delineated separate from dining areas and if twenty percent (20%) or less than the gross floor area of the restaurant. No additional parking spaces are required for outdoor seats provided that the number of outdoor seats is twenty percent(20%) or less than the total number of indoor seats. Additional parking spaces shall be required for outdoor seats in excess of this threshold. 3 The required queuing distance at pump islands shall be in accordance with Chapter 4,Article VI, Section 3.F. Gasoline station establishments that contain"automotive,minor repair" shall provide for additional parking spaces(see "automotive, minor repair"). 4 Plus one (1) space per seventy-five (75) square feet of detail,washing, and waxing areas. 5 Plus required parking spaces for outdoor storage or display of vehicles for sale or for rent. 6 Plus one(1) space per ten thousand(10,000)square feet of paved or unpaved outdoor area used for the storage or display of boats for sale or for rent. 7 One (1) space per two hundred fifty(250) square feet of gross floor area devoted to office, display of merchandise, and waiting area. In addition, three (3)parking spaces are required for each service bay. The space within a service bay may be counted towards satisfaction of the required parking. However,in no case shall less than four(4)outside parking spaces be provided. 8 In addition, each overhead door and interior spray booth may be counted towards satisfaction of the required parking, provided there is the minimum area(the size of a standard parking space)between an overhead door and an interior spray booth. However,in no case shall less than four(4) outside parking spaces be provided. 9 Plus required parking for any retail floor area. 10 One (1) space per 500 square feet for first 10,000 square feet, then one (1) space per 1,000 square feet thereafter. 11 Take-Out Restaurants located in M-1 shall be one (1) space per 350 square feet of gross floor area. E. Table 4-20. Industrial Uses. Industrial Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area(in square feet) unless specifically expressed otherwise. Page 329 of 604 Any non-residential use 4 or 1 per 200, whichever is greaten (minimum): Beverage and/or food 1 per 500 2 manufacturing: Brewery, Distillery, Winery 1 per 500 2 Dry cleaning plants: 1 per 500 Publishing and commercial 1 per 500 printing: Packing & shipping, 1 per 800 trucking, and moving: Research & development, 1 per 300 scientific/technological: Warehouse, wholesale, distribution Multi-tenant building, 1 per 5003 multi-use: Single-tenant building, 1 per 8003 single-use: Warehouse, dead-storage 1 per 1,000 Warehouse, internet sales 1 per 7004 Storage, self-service 1 per 75 bays (limited and multi-access): Manufacturing and 1 per 500 industrial uses not listed elsewhere: 1 Non-residential: For the non-residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200)square feet of gross floor area. 2 Plus one (1)space per 300 square feet for that portion of an accessory tasting room that exceeds 20%of the gross floor area of the establishment. However, in no case shall the size of a tasting room equal or be greater than 50%of the gross floor area. 3 Space allocated for accessory office use shall require parking at the ratio required for the principal use, provided that the accessory office use does not exceed twenty percent (20%)of a single-tenant building or twenty percent (20%)of each bay within multi-tenant buildings. Additional parking shall be required at a ratio of one (1)space per three hundred (300)square feet for any accessory office floor area that exceeds twenty percent (20%)of the building/bay(s). 4 Plus one (1)space per five hundred (500)square feet of area devoted to showroom/auction room. 5 Plus one (1)space per three hundred (300)square feet of office space plus two (2)security spaces, if applicable. Page 330 of 604 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-004 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Andrew Meyer, Senior Planner; Luis Bencosme, Planner II DATE: January 14, 2022 REQUEST: Approve amendments to Chapter 1, Article II. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article V. Minimum Off-Street Parking Requirements addressing Medical Care or Testing (In-patient), Beverage Manufacturing, Micro-Brewery, Brewpub, Taproom Brewery, and Take Out Restaurants (CDRV 22-002) OVERVIEW This staff report outlines information regarding amendments to specific uses in the land development regulations. For clarity, the staff report has categorized the proposed use amendments into three different subject areas: • Medical Care or Testing (In-Patient); • Brewery (Distillery, Winery), Micro-Brewery (Micro-Distillery, Micro-Winery), Brewpub, Tap-Rooms; and • Take-Out Restaurants In addition, ancillary amendments are proposed which aid in the clarity of existing regulations. All proposed amendments are presented under one exhibit (Exhibit A) and represent the entirety of the changes proposed as part of this request. EXPLANATION & PROPOSED AMENDMENTS MEDICAL CARE OR TESTING (IN-PATIENT) This item includes proposed amendments to zoning regulations applicable to businesses that fall within the "Medical Care or Testing (In-patient)" use group. The amendments are prompted by recent discussions with the operators of a birthing center in Delray Beach regarding the inability to locate in a targeted building where medical offices have operated on Golf Road, within the C-1, Office/Professional Zoning District. Medical uses are commonly allowed within office zoning districts, which can abut or be in close proximity to residential uses. Most medical uses are compatible with residential land uses given the typical daytime hours of operation. However, the most common element of the uses that comprise the subject use group is that they do not limit operation to daytime hours, and in fact Page 331 of 604 Page 2 Medical Care or Testing(In-patient), Beverage Manufacturing, Brewpub,Taproom Brewery,and Take Out Restaurants CDRV 22-002 some provide testing or other services that are commonly provided during the evening hours. This use group was previously created to identify and appropriately regulate the more intensive medical uses. Staff has reviewed the uses that comprise this medical use group, and using information from the birthing center operators finds that under certain conditions, not all of the uses would have equal performance characteristics and potential impacts on surrounding properties. Staff concludes that the lower-intensive uses in this group could likely be equally as compatible with the medical office uses that provide only daytime services, if the "in-patient" uses are smaller in size, provide services or testing that commonly require less than 24 hours, and visually appear similar to conventional office uses without the necessity to be designed with closed and gated compounds for security purposes. It is assumed that given such restrictions and use characteristics, such uses that may provide over-night care or service could operate as compatibly with abutting or nearby residential land uses than medical uses that do not provide overnight services. As indicated in detail in the attached exhibit, staff proposes that those uses in the Medical Care or Testing (in-patient) zoning use group that meet the above criteria, would not require Conditional Use approval, and would be allowed on properties that front on a collector street. These amendments would therefore allow such less-intensive medical uses in this group to be located on, for example, SE 23rd Avenue and S. Seacrest Boulevard. The subject areas represent a concentration of medical-related uses and are within, or in close proximity to the area to be evaluated for a medical district overlay. BREWERY (DISTILLERY, WINERY), MICRO-BREWERY (MICRO-DISTILLERY, MICRO- WINERY), BREWPUB, TAP-ROOMS The beer industry, which encompases breweries of all sizes ranging from those owned by local business owners to large corporations, has recently experienced exponetial growth due to a rise in the popularity of craft beer. According to the Alcohol and Tobacco Tax and Trade Bureau (TTB), small breweries producing between 1,000 and 7,500 barrels of beer per year represent the largest growth in the industry and oftentimes provide a mix of complementary commercial components. The Planning and Zoning Division has experienced an increase in inquiries regarding the establishment of microbrewery, brewpub, and tap-room uses on properties zoned commercial or mixed-use. The City's Land Development Regulations currently classify all establishments engaged in the production of fermented or distilled alcoholic drinks as Beverage Manufacturing, regardless of size or production quantity, and are restricted to properties zoned C-4 (General Commercial), M1 (Industrial) and PID (Planned Industrial Development) with additional use regulations. Staff proposes amendments which distinguish Micro-Brewery, Micro-Winery, Micro-Distillery, Brewpub, and Tap-room uses seperately from the existing beverage manufacturer use, and permits their establishment, subject to additional regulation, within certain commercial and mixed-use districts. The definition of Beverage Manufacturing has been revised to only include establishments that produce non-alcoholic beverages, while those industrial uses that produce alcoholic beverages are proposed to be defined as a Brewery, Winery, and Distillery. Beverage Manufacturing, 2 Page 332 of 604 Page 3 Medical Care or Testing(In-patient), Beverage Manufacturing, Brewpub,Taproom Brewery,and Take Out Restaurants CDRV 22-002 Brewery, Winery, and Distillery uses will continue to be restricted to the industrial zoning districts. The proposed code amendments would establish new definitions for a Micro-Brewery (including Micro-Winery and Micro-Distillery), which is limited to producing 3,000 barrels (or 93,000 gallons) of alcoholic beverage per year and must include a commercial component open to the public (i.e. food service, tasting room, or retail area). Staff proposes that these uses be permitted on properties with a commercial zoning designation, including C-3 (General Commercial), C-4 (Heavy Commercial), CBD (Commercial Business District), PCD (Planned Commercial District), or any mixed-use zoning designation. The proposed amendments would also establish definitions for a Tap-room and a Brewpub. A Tap-Room is limited to the production of a maximum of 1,500 barrels (or 46,500 gallons) of alcoholic beverages per year exclusively for on-site consumption. Tap-rooms operate similar to bar uses; therefore, staff proposes to permit them subject to Conditional Use review within C-3 (General Commercial) and C-4 (Heavy Commercial) zoning districts, all mixed-use zoning districts, and within Planned Industrial Development (PID) districts. Brewpubs, which primarily involve food service with beer manufacturing as a subordinate component, would be restricted to the same limits on production and distribution placed on Tap- rooms. Brewpubs operate similar to restaurant uses; therefore, staff proposes to permit them by right subject to additional requirements within C-2 (Neighborhood Commercial), C-3 (General Commercial), and C-4 (Heavy Commercial) zoning districts, and within all mixed-use and industrial zoning districts. In addition, the use would be allowed as an accessory use on properties zoned PU (Public Usage) or REC (Recreational). TAKE-OUT RESTAURANTS The restaurant industry is experiencing growth within the take-out and delivery segments, more specifically through the popularity of third-party delivery companies. These companies provide a service to restaurants by allowing restaurants to provide a food delivery option without needing to establish and maintain this amenity in-house This food service niche expands service to customers by providing an easy-to-use app to order and pay for food. As a result of the growth of these third-party delivery companies, a new type of take-out restaurant has emerged which exclusively takes orders from these third-party delivery companies' apps. Since these types of take-out restaurants are app-based, they typically do not require the visibility and location criteria that a typical take-out restaurant needs, and seek out spaces in less visible commercial areas. Staff has reviewed this growing type of take-out restaurant use, and undertands that while it shares similarities to a take-out restaurant use, it differs from a standard take-out restaurant as customer visits are brief, being onsite only to pick-up an order that has already been prepared Also, such uses do not require frontage on an arterial road (for exposure and visibility), given information that is distributed via social media, and directions to the restaurant provided by the app. Because customers order and pay for food prior to arriving at the establishment, they are waiting off-site as the food is being prepared, and typically only arrive once the food is ready. In addition, the expansion of this use within the M-1 zoning district would add to the industrial employment base, similar to the establishment of catering uses. As such, staff concludes that this type of take-out restaurant is equally or less impactful than a standard take-out restaurant use, provided that the use is regulated. 3 Page 333 of 604 Page 4 Medical Care or Testing(In-patient), Beverage Manufacturing, Brewpub,Taproom Brewery,and Take Out Restaurants CDRV 22-002 Take-Out Restaurants are a permitted use in the M-1 industrial zoning district, subject to a note which restricts their location to multiple tenant lots fronting arterial and collector roadways, in addition to size restrictions and parking requirements. As indicated in the attached exhibit, staff proposes modifying the note to allow take-out restaurants district-wide in M-1, however those restaurants not located along collector or arterial roadways will be restricted to tendering transactions off-site to ensure that the app-based take-out restaurant does not become a standard take-out restaurant. Staff proposes keeping the requirements regarding multi-tenant developments and size restrictions. In addition, parking regulations are established for take-out restaurants in M-1 to ensure that adequate parking is available prior to the establishment of these types of uses. CONCLUSION/RECOMMENDATION Staff recommends approval of the subject amendments to the Land Development Regulations to support business retention, attraction, and expansion. Attachments 4 Page 334 of 604 PART III.LAND DEVELOPMENT REGULATIONS CHAPTER 1. GENERAL ADMINISTRATION ARTICLE II. DEFINITIONS BEVERAGE MFG-An establishment primarily engaged in the manufacturing,purifying,bottling, and distribution of non- alcoholic beverage products_, BREWERY - An establishment primarily engaged in the manufacturing purifying, bottling, and distribution of alcoholic beverage products. This industrial use may also include a subordinate commercial component such as a tasting room or retail area that is open to the public. BREWPUB -A restaurant(as defined by this section)that manufactures a maximum of 1,500 barrels of beer per year which is consumed on-site. This use does not include any distribution of beer. DISTILLERY— See Brewery. MICRO-BREWERY - An establishment which combines on-site food service and manufacturing, & distribution of alcoholic beverage products. These facilities are restricted to manufacturing a maximum of 3,000 barrels(or 93,000alg lons) of alcohol per year. This use must include a commercial component such as a tasting room or retail area that is open to the public. MICRO-WINERY— See Micro-Brewery. MICRO-DISTILLERY - See Micro-Brewery. TAP-ROOM — A bar (as defined by this section) that manufactures a maximum of 1,500 barrels (or 46,500 gallons) of alcohol per year which is consumed on-site. This use does not include any distribution. WINERY— See Brewery. CHAPTER 3.ZONING ARTICLE IV.USE REGULATIONS Sec. 3. Use Regulations. Page 335 of 604 D.Use Matrix Residential Commercial Mixed-Use Industr Misc ial P = CA 110 110 9 Permitted N w d d �, 00 " C= Condition al A= Accessory COMMERCIAL Retail Sales Brewpub P P P P P P P P P P P P P A A 2 58 58 58 58 17 17 17 17 17 17 58 27 20 20 58 58 58 58 58 58 58 58 58 21 s8 Micro- C C C C C C C C C C Brewery, 104 104 104 104 15 17 17 17 17 17 Micro- 104 104 104 104 104 104 Winery, Micro Distillery Tap_ C C C C C C C C C C Room 16 14 14 16 16 27 16 16 INDUSTRIAL Brewery, C P P Winery, 9 26 Distillery 14. General Note. The subject use is only allowed on a lot that fronts on an arterial or collector street as defined in Part III, Chapter 1, Article II of the LDR under definitions for "Street-Arterial" and "Street-Collector". Except for those ttses Medical Care or Testing (In-patient) uses that are required to have Conditional Use approval, such uses shall be limited to lots that front on an arterial roadway. 58. Restaurant and Brewpub. a. All Districts. See Chapter 3, Article V, Supplemental Regulations regarding the sidewalk cafe permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: Page 336 of 604 (1) Signage. No external signage for the restaurant use shall be allowed; (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. c. M-1 district. This non-industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple- tenant development on a lot that fronts on an arterial or collector roadway; 2)does not exceed two thousand, five hundred (2,500)square feet; 3)excludes a drive-up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 59. Restaurant(Take-Out). a. M-1 district.This non-industrial use is allowed within the M-1 district,provided that it 1)is located within a multiple- tenant development ; 2) does not exceed two thousand, five hundred (2,500) square feet; 3) excludes a -tr�drive-through; or drive-in facility;-ate 4) complies with all off-street parking requirements of Chapter 4,Article V,and 5)does not tender transactions on-site unless located on a lot that fronts an arterial or collector roadway. . 101. Medical Care or Testing (In-patient). Other requirements and site standards: a. Conditional use approval shall be required if there exists less than a fifty (50) foot setback between the subject use and an abutting residential or mixed use zoning district. This separation is intended to enable proper site design regarding secured access,private outdoor patron amenities,buffering,and the like. Conditional Use approval may be waived for those uses found exempt from the requirements of Items "b" and "c"below,that provide continuous client services designed_ or programmed to conclude within a 24 hour period, and that operate in less than 5,000 square feet. b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points, and operational procedures to restrict unauthorized and/or unarranged accessing or exiting of the facility and/or property. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design.Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to support the objective to control access and increase privacy of areas intended for client or patient use. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design.Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. d. In addition to the locational restriction of footnote No. 14 (arterial roadway frontage), allowed locations within the CRA shall exclude Planning Areas 42, 43, and 44 as defined within the Federal Highway Corridor Community Redevelopment Plan Update adopted in 2006, and the Boynton Beach Boulevard corridor. The intent of this standard is to reserve certain areas within the CRA to those uses that contribute to, and enhance,the entries into the downtown,the fabric of the streetscape,harmonious land use relationships,downtown retail and commerce, and other urban development efforts that establish a sense of place along the key routes leading to, and within, the downtown pursuant to an adopted redevelopment plan. 104. Micro-Brewery, Micro-Winery, Micro-Distiller. a. All Districts (1) Drive-up, drive-through, and/or drive-in facilities are not permitted. (2) All business activities shall occur within a building with the exception of approved loading areas and permitted outdoor seating. (3) This use is required to have an approved delivery and loading area. The location of the delivery and loading area shall be located at the rear of the property and/or behind the building as to not be visible from any right-of-way (public or private) or residential property or use. (4) The establishment must submit proof of required licensing and production quantities. (5) A minimum of 50% of the beverages manufactured must be used for onsite consumption. Page 337 of 604 CHAPTER 4. SITE DEVELOPMENT STANDARDS ARTICLE V.MINIMUM OFF-STREET PARKING REQUIREMENTS Sec. 2. Standards. C. Table 4-18. Commercial and Office&Health Care Uses. Where a use is located in a shopping center,office building, or office-retail complex, the parking space requirement for the shopping center, office building, or office-retail complex in which it is located shall apply; except that where a theater is located in a shopping center the parking space requirement for theaters shall apply for the seating or gross floor area of the theater(see "theater" in Section 3.1).below). Commercial and Office&Health Care Uses Standard Number of Required Parking Spaces Per square feet(unless expressed otherwzse) Building area is based upon gross floor area(in square feet)unless specifically expressed otherwise. Any non-residential use (minimum): 4 or 1 per 200,whichever is greater' Shopping center: 1 per 200 Office-retail complex: 1 per 200 Restaurant: 1 per 2.5 seats (no less than 1 per 100)' Brewpub: 1 per 2.5 seats (no less than 1 per 1002 Restaurant, Take Out": 1 per 300 Bar&night club: 1 per 2.5 seats (no less than 1 per 100) Tap-room: 1 per 2.5 seats (no less than 1 per 100) Micro-Brewery, Micro-Winery, Micro-Distillery 1 per 500 of manufacturing area and 1 per 2.5 seats (no less than 1 per 100) for remaining gross footage. Gasoline station: 1 per 2503 Grocery store: 1 per 200 Auto car wash(polishing,waxing, detailing) Automated(no employees): N/A Full-service: 4 per tunnel4 Auto car wash, self-service bay: 2 per bay Auto/motorcycle/truck, trailer, rec. vehicle 1 per 5005 sales/rental: Automotive,repair major and minor 1 per 250' Automotive,repair(paint and body shops only): 1 per 3008 Boat dealer/rental: 1 per 500' Coin-operated laundry or dry cleaner: 1 per 250 Copying,printing, or sign design: 1 per 300 Page 338 of 604 Funeral home: 1 per 200 Pet care: 1 per 300 Bank and financial office: 1 per 250 Medical or dental office,imaging/testing: 1 per 200 Photography studio: 1 per 300 Personal care (beauty,hair, and nails): 1 per 100 Furniture and home furnishings: 1 per 500 Hospital: 1 per 2.5 beds Taxi, limousine, and charter bus: 1 per 300 Nursery, garden, and farm supply: 1 per 2,000 of outdoor nursery area' Travel agency: 1 per 300 Showroom warehouse (single-product line) 1 per 5000 Business/professional office not listed within this 1 per 300 subsection: Establishments not listed elsewhere within this I 1 per 200 subsection: 1 Non-residential: For the non-residential components of a mixed use project,parking shall be calculated at a minimum of one (1)parking space for each two hundred(200) square feet of gross floor area. 2 Indoor child play areas shall be excluded for this purpose if such areas are designed/delineated separate from dining areas and if twenty percent (20%) or less than the gross floor area of the restaurant. No additional parking spaces are required for outdoor seats provided that the number of outdoor seats is twenty percent(20%) or less than the total number of indoor seats. Additional parking spaces shall be required for outdoor seats in excess of this threshold. 3 The required queuing distance at pump islands shall be in accordance with Chapter 4,Article VI, Section 3.F. Gasoline station establishments that contain"automotive,minor repair" shall provide for additional parking spaces(see "automotive, minor repair"). 4 Plus one (1) space per seventy-five (75) square feet of detail,washing, and waxing areas. 5 Plus required parking spaces for outdoor storage or display of vehicles for sale or for rent. 6 Plus one(1) space per ten thousand(10,000)square feet of paved or unpaved outdoor area used for the storage or display of boats for sale or for rent. 7 One (1) space per two hundred fifty(250) square feet of gross floor area devoted to office, display of merchandise, and waiting area. In addition, three (3)parking spaces are required for each service bay. The space within a service bay may be counted towards satisfaction of the required parking. However,in no case shall less than four(4)outside parking spaces be provided. 8 In addition, each overhead door and interior spray booth may be counted towards satisfaction of the required parking, provided there is the minimum area(the size of a standard parking space)between an overhead door and an interior spray booth. However,in no case shall less than four(4) outside parking spaces be provided. 9 Plus required parking for any retail floor area. 10 One (1) space per 500 square feet for first 10,000 square feet, then one (1) space per 1,000 square feet thereafter. 11 Take-Out Restaurants located in M-1 shall be one (1) space per 350 square feet of gross floor area. E. Table 4-20. Industrial Uses. Industrial Uses Standard Number of Required Parking Spaces Building area size is based upon gross floor area(in square feet) unless specifically expressed otherwise. Page 339 of 604 Any non-residential use 4 or 1 per 200, whichever is greaten (minimum): Beverage and/or food 1 per 500 2 manufacturing: Brewery, Distillery, Winery 1 per 500 2 Dry cleaning plants: 1 per 500 Publishing and commercial 1 per 500 printing: Packing & shipping, 1 per 800 trucking, and moving: Research & development, 1 per 300 scientific/technological: Warehouse, wholesale, distribution Multi-tenant building, 1 per 5003 multi-use: Single-tenant building, 1 per 8003 single-use: Warehouse, dead-storage 1 per 1,000 Warehouse, internet sales 1 per 7004 Storage, self-service 1 per 75 bays (limited and multi-access): Manufacturing and 1 per 500 industrial uses not listed elsewhere: 1 Non-residential: For the non-residential components of a mixed use project, parking shall be calculated at a minimum of one (1) parking space for each two hundred (200)square feet of gross floor area. 2 Plus one (1)space per 300 square feet for that portion of an accessory tasting room that exceeds 20%of the gross floor area of the establishment. However, in no case shall the size of a tasting room equal or be greater than 50%of the gross floor area. 3 Space allocated for accessory office use shall require parking at the ratio required for the principal use, provided that the accessory office use does not exceed twenty percent (20%)of a single-tenant building or twenty percent (20%)of each bay within multi-tenant buildings. Additional parking shall be required at a ratio of one (1)space per three hundred (300)square feet for any accessory office floor area that exceeds twenty percent (20%)of the building/bay(s). 4 Plus one (1)space per five hundred (500)square feet of area devoted to showroom/auction room. 5 Plus one (1)space per three hundred (300)square feet of office space plus two (2)security spaces, if applicable. 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Public Hearing 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Proposed Ordinance No. 22-007 - First Reading -Approving WXEL request for Future Land Use Map Amendment from Recreation (R) to Office Commercial (OC), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. Proposed Ordinance No. 22-008 - First Reading -Approving WXEL request for Rezoning from Recreation (REC) to Office Professional (C-1), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. Explanation of Request: The existing 6.12 acre site is developed, and contains a ±32,562 square-foot Radio & TV Broadcasting studio and associated parking lots which were constructed in 1989 according to Palm Beach County Property Appraiser records. Prior to it's development, the City of Boynton Beach owned the property where the WXEL TV and radio facilities are currently located. On April 9, 1986, the City of Boynton Beach transferred title to South Florida Public Telecommunications, Inc. The deed for the property has a perpetual restriction which reads: "The above-described property shall be used by the grantee, its successors and assigns, as a non-profit education and or Public Broadcasting or Communications system or systems or facility." Furthermore, the deed states that"the restrictions are perpetual in duration unless modified or released in writing by the Grantor"(City of Boynton Beach). No records have been found to demonstrate that this has occurred. In 2019, the site was transferred under a warranty deed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TI ITF), the current property owner of the site. The warranty deed's language does not appear to nullify the conditions imposed in the prior recorded deed. The current future land use classification and zoning for recreation purposes is inconsistent with the current use of the site. The applicant has expressed to staff the desire to expand the current use. Current land development regulations prohibit the expansion of non-conforming uses, of which a Radio &TV Broadcasting use is as it is not a permitted use under the REC zoning district. The owner has submitted an application to change the Future Land Use to Office Commercial (OC) and amend the Zoning of the the property to Office Professional (C-1), a conventional zoning district, which would permit the use and allow for its expansion. A conventional zoning district does not require a master plan or site plan at time of application. As such, the applicant is planning to submit a site plan application at a later date for the construction of an approximately ±7,000 square-foot addition to the existing building to house an accessory non-profit educational center to support field trips to the studio. The Planning & Development Board recommended approval of this item on January 25, 2022. How will this affect city programs or services? N/A Fiscal Impact: N/A Page 353 of 604 Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description D Ordinance Ordinance changing WXEL Land Use Designation D Ordinance Ordinance amending WXEL Rezoning D Staff Report Staff Report D Location Map Exhibit A® Location Map D Exhibit Exhibit B - Existing Zoning D Exhibit Exhibit C ® Proposed Zoning D Exhibit Exhibit D ® Existing Future Land Use D Exhibit Exhibit E ® Proposed Future Land Use D Exhibit Exhibit F ®Applicant Presentation D Exhibit Exhibit G ® Staff Presentation Page 354 of 604 1 ORDINANCE NO. 22- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE 5 ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY COMMONLY 6 KNOWN AS WXEL AND DESCRIBED HEREIN, CHANGING THE LAND USE 7 DESIGNATION FROM RECREATION (R) TO OFFICE COMMERCIAL (OC); 8 PROVIDING FOR CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 11 a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land Use 12 Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 13 Comprehensive Planning Act; and 14 WHEREAS, the procedure for amendment of a Future Land Use Element of a 15 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 16 WHEREAS, after two (2) public hearings the City Commission acting in its dual 17 capacity as Local Planning Agency and City Commission finds that the amendment 18 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 19 in the best interest of the inhabitants of said City to amend the Future Land Use Element 20 (designation) of the Comprehensive Plan as hereinafter provided. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 26 Future Land Use of the following described land: 27 A Parcel of Land in section 6, township 46 south, range 43 east, palm 28 Beach County, Florida, described as follows: 29 30 Commencing at the Northeast corner of said intersection 6; thence with a 31 bearing of South, along the east line of said section 6, a distance of 1783.92 32 feet to a point: Thence with a bearing of west, a distance of 53.00 feet to a 33 point on the west right of way line of Congress Avenue;said point beginning 34 the point of beginning; Thence continue with a bearing of south along the 35 west right of way line of Congress Avenue; Said point lying 53.00 feet of west 36 of and parallel with the east line of section 6. A distance of 480.00 feet to a 37 point; Thence with a bearing of west, a distance of 370.00 feet; Thence with S:\CA\0rdinances\P1anning\Land Use\WXEL LUA-Ordinance.Docx Page 355 of 604 38 a bearing of south, a distance of 111.8 feet; Thence with a bearing of west, 39 a distance of 380.00 feet to a point of the east line of the subdivision summit 40 Plat No. 1, as recorded in plat book 36, pages 48 through 51 of the public 41 records of Palm Beach County, Florida; Thence with a bearing f north along 42 the east line of summit plat No. 1, a distance of 229.26 feet; Thence with a 43 bearing of east, a distance of 380.00 feet; Thence with a bearing of south 44 85130'30" east, a distance of 371.14 feet, more or less to the point of 45 beginning, less the east 7. Feet thereof. 46 47 is amended from Recreation (R) to Office Commercial (OC). 48 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 49 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 50 Land Development Regulation Act. No party shall be vested of any right by virtue of the 51 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 52 including appeals, are exhausted. In the event that the effective date is established by state law 53 or special act, the provisions of state act shall control. 54 FIRST READING this 15th day of February, 2022. 55 SECOND, FINAL READING and PASSAGE this day of March, 2022. 56 CITY OF BOYNTON BEACH, FLORIDA 57 YES NO 58 59 Mayor— Steven B. Grant 60 61 Vice Mayor—Woodrow L. Hay 62 63 Commissioner—Justin Katz 64 65 Commissioner— Christina L. Romelus 66 67 Commissioner—Ty Penserga 68 69 VOTE 70 ATTEST: 71 72 73 74 Crystal Gibson, MMC 75 City Clerk 76 77 78 (Corporate Seal) S:\CA\0rdinances\P1anning\Land Use\WXEL LUA-Ordinance.Docx Page 356 of 604 1 ORDINANCE NO. 22- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND 5 DESCRIBED HEREIN AND COMMONLY REFERRED TO AS WXEL FROM 6 RECREATION (REC) TO OFFICE PROFESSIONAL (C-1); PROVIDING FOR 7 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 8 9 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 10 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 11 WHEREAS, Steven Siebert Architecture, Inc., has made application to rezone land, said 12 land being more particularly described hereinafter, from Recreation (REC)to Office Professional 13 (C-1); and 14 WHEREAS, the City Commission conducted public hearings as required by law and 15 heard testimony and received evidence which the Commission finds supports a rezoning for 16 the property hereinafter described; and 17 WHEREAS, the City Commission deems it in the best interests of the inhabitants of said 18 City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing Whereas clauses are true and correct and incorporated 22 herein by this reference. 23 Section 2. The land herein described be and the same is hereby rezoned from 24 Recreation (REC) to Office Professional (C-1). A location map is attached hereto as Exhibit "A" 25 and made a part of this Ordinance by reference. Legal Description: 26 A Parcel of Land in section 6, township 46 south, range 43 east, palm Beach 27 County, Florida, described as follows: 28 29 Commencing at the Northeast corner of said intersection 6; thence with a bearing 30 of South, along the east line of said section 6, a distance of 1783.92 feet to a 31 point: Thence with a bearing of west, a distance of 53.00 feet to a point on the 32 west right of way line of Congress Avenue; said point beginning the point of 33 beginning; Thence continue with a bearing of south along the west right of way 34 line of Congress Avenue; Said point lying 53.00 feet of west of and parallel with 35 the east line of section 6. A distance of 480.00 feet to a point; Thence with a I S:\CA\Ordinances\Planning\Rezoning\WXEL-Rezone-Ordinance.Docx Page 357 of 604 36 bearing of west, a distance of 370.00 feet; Thence with a bearing of south, a 37 distance of 111.8 feet; Thence with a bearing of west, a distance of 380.00 feet to 38 a point of the east line of the subdivision summit Plat No. 1, as recorded in plat 39 book 36, pages 48 through 51 of the public records of Palm Beach County, 40 Florida; Thence with a bearing f north along the east line of summit plat No. 1, a 41 distance of 229.26 feet; Thence with a bearing of east, a distance of 380.00 feet; 42 Thence with a bearing of south 85130'30" east, a distance of 371.14 feet, more or 43 less to the point of beginning, less the east 7. Feet thereof. 44 45 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 46 accordingly. 47 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 48 Section 5. Should any section or provision of this Ordinance or any portion thereof be 49 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 50 remainder of this Ordinance. 51 Section 6. This ordinance shall become effective immediately upon passage. 52 FIRST READING this 15th day of February, 2022. 53 SECOND, FINAL READING and PASSAGE this day of March, 2022. 54 CITY OF BOYNTON BEACH, FLORIDA 55 YES NO 56 57 Mayor— Steven B. Grant 58 59 Vice Mayor—Woodrow L. Hay 60 61 Commissioner—Justin Katz 62 63 Commissioner— Christina L. Romelus 64 65 Commissioner—Ty Penserga 66 67 VOTE 68 ATTEST: 69 70 71 Crystal Gibson, MMC 72 City Clerk 73 2 S:\CA\Ordinances\Planning\Rezoning\WXEL-Rezone-Ordinance.Docx Page 358 of 604 74 (Corporate Seal) 3 S:\CA\Ordinances\Planning\Rezoning\WXEL-Rezone-Ordinance.Docx Page 359 of 604 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-003 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Andrew Meyer, Senior Planner DATE: January 14, 2022 PROJECT: Cornelia T. Bailey Cultural Arts Center (WXEL) LUAR 22-001 REQUEST: Approve WXEL request for Future Land Use Map amendment from Recreation (R) to Office Commercial (OC), and Rezoning from Recreation (REC) to Office Professional (Cl), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. PROJECT DESCRIPTION Property Owner: Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) Applicant: Gene H. Talley, South Florida PBC Inc. Agent: Lauren Sands, Urban Design Studio Address: 3401 South Congress Avenue Location: West side of Congress Avenue, approximately 1000 feet south of Charter Drive North. Existing Land Use: Recreation (R) Proposed Land Use: Office Commercial (OC) Existing Zoning: Recreation (REC) Proposed Zoning: Office-Professional (C-1) Proposed Use: Radio & TV Broadcasting Acreage: 6.12 acres Page 360 of 604 Page 2 Cornelia T. Bailey Cultural Arts Center(WXEL) LUAR 22-001 Adjacent Uses: North: Park with a Future Land Use designation of Recreation (R) and zoned Recreation (REC). South: Single-family PUD with a Future Land Use designation of Low Density Residential (LDR) and zoned Planned Unit Development (PUD). East: South Congress Avenue right-of-way, then mini-warehouse/self-storage with a Future Land Use designation of Industrial (1) and zoned Industrial (M1). West: Golf Course for residential PUD with a Future Land Use designation of Low Density Residential (LDR) and zoned Planned Unit Development (PUD). BACKGROUND The existing 6.12 site is developed, and contains a ±32,562 square-foot Radio & TV Broadcasting studio and associated parking lots which were constructed in 1989 according to Palm Beach County Property Appraiser records. Prior to it's development, the City of Boynton Beach owned the property where the WXEL TV and radio facilities are currently located. On April 9, 1986, the City of Boynton Beach transferred title to South Florida Public Telecommunications, Inc. The deed for the property has a perpetual restriction which reads: "The above-described property shall be used by the grantee, its successors and assigns, as a non-profit education and or Public Broadcasting or Communications system or systems or facility." Furthermore, the deed states that "the restrictions are perpetual in duration unless modified or released in writing by the Grantor"(City of Boynton Beach). No records have been found to demonstrate that this has occurred. In 2019, the site was transferred under a warranty deed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF), the current property owner of the site. The warranty deed's language does not appear to nullify the conditions imposed in the prior recorded deed. The current future land use classification and zoning for recreation purposes is inconsistent with the current use of the site. The applicant has expressed to staff the desire to expand the current use. Current land development regulations prohibit the expansion of non-conforming uses, of which a Radio & TV Broadcasting use is as it is not a permitted use under the REC zoning district. The owner has submitted an application to change the Future Land Use to Office Commercial (OC) and amend the Zoning of the the property to Office Professional (C-1), a conventional zoning district, which would permit the use and allow for its expansion. A conventional zoning district does not require a master plan or site plan at time of application. As such, the applicant is planning to submit a site plan application at a later date for the construction of an approximately ±7,000 square-foot addition to the existing building to house an accessory non-profit educational center to support field trips to the studio. 2 Page 361 of 604 Page 3 Cornelia T. Bailey Cultural Arts Center(WXEL) LUAR 22-001 PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan, and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. The final adoption by the City Commission is tentatively planned for March 2022. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and Zoning Map amendments are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a Zoning Map amendment. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The current use of the site is incompatible with the existing future land use and zoning. The proposed Future Land Use and Zoning Map amendments would bring the current Radio and TV Broadcasting use into conformance and would permit its expansion. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is generally consistent with the purpose and intent of the Comprehensive Plan and Land Development Regulations. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The subject property fronts Congress Avenue, which is an arterial roadway, and non-residential uses are located to the north and east and also front Congress Avenue. The existing land use pattern surrounding the site consists of an assortment of warehouse uses, as well as single- family residential buildings and both privately-owned and city-owned recreation facilities. In addition, the site is greater than six acres in area which establishes a pattern unto its own and does not act as an isolated parcel. As such, the proposed Future Land Use Map amendment and Zoning Map amendment would not create a conflict with the established land use pattern. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and 3 Page 362 of 604 Page 4 Cornelia T. Bailey Cultural Arts Center(WXEL) LUAR 22-001 rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. Currently, the use of the property is restricted to non-profit educational and public broadcast uses. Due to the nature of these types of uses, integrating these uses with adjacent properties would not provide any meaningful benefits. The site has access to alternative modes of transportation through a nearby bus stop which provides access to Palm Tran's Route 2, which may be utilized by the use's employees to commute to and from the site. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Both potable water and sewer mains are available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of any new site plan, land development, and building permit review processes. Traffic. The applicant has provided a traffic impact statement showing that the conceptual addition would generate an additional 203 daily trips. Schools. Commercial zoning does not allow for residential uses, therefore the School Capacity Availability Determination application is not required. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the responses to criteria "a" and "c". In addition, the property is restricted to non-profit education and public broadcasting uses. The proposed amendments would allow the Future Land Use and Zoning Map to more accurately reflect current conditions and allow for the expansion of a cultural asset providing a public benefit to the City. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: 4 Page 363 of 604 Page 5 Cornelia T. Bailey Cultural Arts Center(WXEL) LUAR 22-001 (1) Further implementation of the Economic Development (ED) Program; (2) Contribute to the enhancement and diversification of the City's tax base; (3) Respond to the current market demand or community needs or provide services or retail choices not locally available; (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. The proposed amendment would allow for the expansion of non-profit education and public broadcasting uses and thus respond to community needs by providing a cultural and public asset not locally available. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed FLUM amendment and Zoning Map amendment would not reduce the amount of land available for commercial/industrial development as the current zoning designation does not permit commercial uses. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are no comparable sites. The current tenant is looking to expand on the existing site, rather than seek out an alternate site location. See criterion "a." j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. No site plan is proposed at this time. Any site plan proposed for the site will comply with the requirements of the respective zoning district regulations of C-1 and the site development standards of Chapter 4. 5 Page 364 of 604 Page 6 Cornelia T. Bailey Cultural Arts Center(WXEL) LUAR 22-001 RECOMMENDATION Staff has reviewed the proposed Future Land Use and Zoning Map amendments against the review criteria provided in Chapter 2, Article II, Section 2, Subsections B.3.c and D.3 and has found the proposal to meet the aforementioned criteria. Therefore, staff recommends that the requests be approved. 6 Page 365 of 604 f � i r#�! aPa�mland jT,,,flimiand il wts �Ce � Palmland Dr x � gW30th Ave , �oCharter DrN . r, Il� 1n WIWI IT P� s �� y " 5 tAR , t rn s 41 }, l ' F 1.� M,r,� s ��. �i2.3{ Mil ✓ "P 5, ` � kfM','i�k'�LYc�.`4?'��+Y�l�F-�",!'�U1� i. � ��IIIMNY sNu � _ -,,R -46 P1= Lancaster Rd k it r j'L ,if3,. , '� Ge�`�`�•`�n � ", dv �1 'Neptuof ne % G, . n t: i 00 • •s i k #�;,j �}�a ,'{ ilUu, ,,,�t,, •r r,�1�Sk"�f ss fS s,'r .11t�ft, i, �� Y I � `I `� ., _ Palmland Dr, �� It, S, 5 � r I N ° - fA m � SW 35ttAve� y lJ Lancaster Rd Wl o Existing Zoning R3 Multi Family, 11 du/ac POD Planned Unit Development IC3 Community Commercial X111 Light Industrial We REC Recreation i J 1 ij # ,>{tS alm�and �1 t€��tttt t xtijltt r}.Q 1FS. 1`I{jJ"'��$� ��^ ��)W ��•:,, t r•}}at.' ��,�ji S, - r,;� j.. il' ;,. - �,,,�, almland Dr , , , , ,� s,�{!i R � �,. � _ �..� h � �� - •` 1 �(� {� is tsS� €� S�� r{�� •�4�� ,-. >, �:-; t . ,� ��< � SW 30th Ave .. �u-_ m. lan I r" IT MISS! 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E � N Ocu CL m ■� M }� CO 0 14,3 OU E N cli E m /1♦ C/) O #� WQL O eoA E O Ucp � E � N cn cn � N O U) N CV L N J O_ N U LL L N O U COU_ -0 Q � O Q .0— C'4 N N L N CD- Co Co � U 2 -0 c o c� � 8.C. Public Hearing 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Approve request for New Major Site Plan (NW SP 22-002)for the 1320 S. Federal Highway project to allow construction of a 10,898 square foot commercial structure and associated site improvements, on a 0.51-acre parcel, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU-1) zoning district. Application Ty Eriks, MH Jackson Holdings, LLC. Approve request for Master Plan Modification (MPMD 22-004)for 1320 S. Federal Highway to amend the previously approved master plan to be consistent with the proposed revisions to the concurrent New Major Site Plan Application, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU-1)zoning district.Applicant: Ty Eriks, MH Jackson Holdings, LLC. Explanation of Request: The subject 0.51-acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up until then housed an I-HOP restaurant. The same year, a mixed-use project consisting of office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer on the books) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU-1 designation. Residential uses are not part of the subject request. Instead, the applicant proposes a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with an additional 1,920 square feet retail space on the first floor and a small, 900 square foot art museum. The proposed project was previously approved by the City Commission on October 16, 2018. However, the Development Order recently expired, requiring the Master Plan Modification and New Major Site Plan applications, and associated Height Exception Application (HTEX 22-001), to again undergo the necessary application reviews culminating in City Commission review and approval. In addition to Master Plan Modification and New Major Site Plan, the request includes an application for height exception to allow the elevator shaft and stairwell to be constructed at 51.67 feet, 9.10 feet above the maximum allowable height of 45 feet. All applications are being processed concurrently (see respective staff reports.) The Planning and Development Board reviewed the subject applications at their meeting on January 25th, and forwards them with recommendations for approval. Note that if the corresponding request for Height Exception is denied, the roof of the building would have to be redesigned to satisfy the maximum building height standard of 45 feet(excluding a maximum parapet dimension of 5 feet). How will this affect city programs or services? NA Fiscal Impact: NA Alternatives: NA Page 385 of 604 Strategic Plan: Strategic Plan Application: NA Climate Action Application: NA Is this a grant? Grant Amount: Attachments: Type Description D Staff Report Staff Report D Addendum Exhibit A® Location Map D Drawings Exhibit B ® Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order D Attachment Applicant Presentation D Attachment Staff Presentation Page 386 of 604 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-001 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Amanda Radigan, Principal Planner DATE: January 7, 2022 PROJECT: 1320 S. Federal Highway (MPMD 22-004 & NWSP 22-002) REQUEST: Approve request for New Major Site Plan (NWSP 22-002) and Master Plan Modification (MPMD 22-004) to 1320 S. Federal Highway to allow the construction of a 10,898 square foot structure and associated site improvements. PROJECT DESCRIPTION Property Owner: MJ Jackson Holdings, LLC Agent: Bradley Miller, Urban Design Studio Location: Northeast corner of the intersection of Riviera Drive and Federal Highway (Refer to Exhibit "A": Location Map) Existing Land Use: Mixed Use Low (MXL) Existing Zoning: MU-1 Mixed Use 1 Proposed Land Use: Mixed Use Low (MXL) Proposed Zoning: MU-1 Mixed Use 1 Acreage: 0.51 acre Adjacent Uses: North: Developed office condominiums (Colonial Center) classified Office Commercial (OC) and zoned C-1 Office Professional; Page 387 of 604 Page 2 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 South: Right-of-way of Riviera Drive, then developed residential condominiums (Snug Harbor) classified High Density Residential (HDR) and zoned R-3 Multi-family Residential; East: Right-of-way of Riviera Drive, then common grounds (green space) of the Snug Harbor condominiums and farther east developed single family homes, classified Low Density Residential (LDR) and zoned R-1-AA Single Family Residential; and West: Right-of-way of Federal Highway, then farther west developed commercial property (Dunkin Donuts & convenience store), classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The subject 0.51-acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up until then housed an I-HOP restaurant. The same year, a mixed-use project consisting of office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer on the books) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU-1 designation. Residential uses are not part of the subject request. Instead, the applicant proposes a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with an additional 1,920 square feet retail space on the first floor and a small, 900 square foot art museum. The proposed project was previously approved by the City Commission on October 16, 2018. However, the Development Order recently expired, requiring the Master Plan Modification and New Major Site Plan applications, and associated Height Exception Application (HTEX 22-001), to again undergo the necessary application reviews culminating in City Commission review and approval. 2 Page 388 of 604 Page 3 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The traffic study was performed and indicates that the project would generate a total of 21 AM Peak Hour trips and 36 PM Peak Hour trips. School: School concurrency is not required for this type of project. Utilities: The City's water capacity, as increased through the purchase of up to five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. However, the site is required to meet the required turning radius as specified in the 2021 International turning radius guidelines, and provide fire sprinklers and fire alarms (see Exhibit C - Conditions of Approval). Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The site plan (Sheet SP-1) shows that one point of ingress/egress is proposed. The two-way driveway is located on Riviera Drive at the eastern end of the site. Vehicular circulation from the driveway would include one- way circulation that continues throughout the parking lot with a portion of the circulation being two-way. Sidewalks are provided along Riviera Drive, Federal Highway, and around the east (back) fagade of the building at a minimum of 5 feet in width (see Exhibit C - Conditions of Approval). The project proposes a pedestrian zone along Federal Highway totaling 18.5 feet in width, and consisting of: 1. a five(5)-foot wide street tree area; 2. an eight (8)-foot wide sidewalk; and 3. an eight(8)-foot wide active area. The majority of the sidewalk along Federal Highway will be covered by a building cantilever, with a minimum of 8 feet of clear/uninterrupted walk underneath. There is also a proposed plaza located at the southwest corner of the site to encourage pedestrian 3 Page 389 of 604 Page 4 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 interaction. The walkways along Federal highway and around the building are proposed to be pavers while the sidewalk along Riviera Drive is proposed to be stamped concrete. Parking: The site plan (Sheet SP-1) proposes 9,998 square feet of office space and a 900 square-foot museum, which would require 53 parking spaces, based upon the standard of one (1) parking space per 200 square feet of office space and one parking space per 300 square feet of museum area. However, the applicant has elected to take advantage of the City's sustainable parking provisions which includes a reduced minimum parking ratio resulting in a reduction of 10 parking spaces when the sustainable criteria are met (thereby requiring a minimum of 43 spaces). The site plan provides 44 parking spaces including 13 on-street parking spaces, two (2) handicap parking spaces, and 29 on-site parking spaces with one (1) electric charging station. The City's parking regulations allow for the counting of those on-street spaces that abut the property, toward the minimum required for the project. All proposed parking stalls, including the size and location of the handicap spaces, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. All standard and compact parking spaces will utilize a continuous curb and overhang in lieu of wheel stops (Refer to Exhibit C - Conditions of Approval). Landscaping: The Plant List (Sheet L-1) indicates that the project would add a total of 44 trees to the property, 31 of them being canopy trees, 265 accent and shrub specimens, and 2,302 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Bougainvillea Standard, Green Buttonwood, Satin Leaf, and East Palatka Holly trees. Palm species would include Alexander Palms, Silver Date Palms, and Thrinax Palms. Consistent with the growing practice of using canopy trees in lieu of palm trees for better environmental landscape design, the use of palm trees is being limited to areas near the building foundation and utility equipment (i.e. water mains). Projects proposed in the Federal Highway District of the Community Redevelopment Area are required to have a streetscape design which reduces the building setbacks and encourages building placement to be abutting the street, thus creating a more notable urban setting. This design concept also includes landscaping that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and enhance the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seat walls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered walkways to create the streetscape 4 Page 390 of 604 Page 5 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 theme in an effort to provide maximum clear pedestrian pathways. The applicant has worked with staff to provide the street trees and covered walkways necessary to meet the required 50% shaded sidewalk along property . Building and Site: The proposed building is designed as a three (3)-story structure with roof access and a parapet wall and architectural feature extending past the third story. The main entrance to the building is at the corner of Federal Highway and Riviera Drive. The building is placed so that it fronts Federal highway with a maximum separation from the residential neighborhood located to the east of the site. The building occupies most of the frontage of the site and has the vehicular circulation, including the parking and drop off area, contained behind the building. Building Height: The maximum building height allowed in the Mixed Use 1 (MU-1) zoning district is 45 feet. The proposed building elevations (Sheet A1.2) depict the typical flat roof deck height of 40'-8", with typical parapet walls at approximately 44'-8". Tower elements/architectural treatments would extend up to 54'-9" in height, 9'-9" above the maximum allowable height in the MU-1 district. The applicant is concurrently requesting approval of a height exception (HTEX 22-001) for the proposed architectural features and stair towers. See corresponding staff report for additional information. Setbacks: The MU-1 zoning district requires no building setbacks, but rather a zero (0) build-to line. However, the building setbacks may be increased up to 15 feet administratively, without benefit of a community design appeal, in areas where the intent is to 1. enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2. optimize landscape design; 3. maximize on-site drainage solutions; and/or 4. accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway (west property line), the proposed building would be setback 18.5 feet from the back of curb in order to meet the build-to-line requirements applicable to the Mixed-Use 1 Zoning District, and provide the required Pedestrian Area. The building is also setback 4.3 feet from the south property line, and two (2)feet from the north property line, in compliance with code requirements. The building is set back approximately 170 feet from the east property line, which is the nearest point to the nearby single-family neighborhood. Amenities: As noted above, the site plan depicts the inclusion of a public plaza at the corner of Federal Highway and Riviera Drive. The building also contains an interior art exhibit that will be visible from the public sidewalks along Federal Highway. Design: The proposed building has a contemporary design, featuring a lightly textured painted stucco finish, storefront glass, and louvers wrapping the two stair towers at either end of the building. The building has a flat accessible roof with a trellis and architectural elements above the parapet. The proposed building utilizes many similar design features as other office 5 Page 391 of 604 Page 6 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 buildings, including a neutral color palette. According to the "Color & Material Schedule", the primary building color would be two shades of gray, Sherwin Williams "Dovetail" and "Mindful Gray" and the main architectural feature is proposed to be Sherwin Williams "Origami White". Sustainability: According to the City's Sustainability Development Standards, new non- residential developments consisting of a size less than one (1) acre shall achieve at least twenty (20) points. Projects are required to incorporate a mix of sustainable site and building design features, which are listed on the Sustainable Design Options (Table 3-1) of the Land Development Regulations. The applicant provided a Sustainable Development Chart indicating the project would achieve the required 20 points by incorporating the following options: PROPOSED SUSTAINABLE DEVELOPMENT OPTIONS Energy Points The use of any combination of the following strategies for areas of the nonroof impervious site (including road, parking lots, driveways, sidewalks and courtyards). • Use of only paving materials with a Solar Reflectance Index(SRI)of 29, as demonstrated by the manufacturer or the Heat Island architect or engineer of record. The parking Reduction lot will be designed and constructed with 6 concrete to comply with the SRI 29 criteria. • Use of only canopy trees within, and along the perimeter of parking lots, following the regulations in the Landscape Code for"Large Landscape Islands." Canopy trees will be used for the perimeter and within the parking lot. • 75%of the non-roof impervious site Efficient All air conditions are Energy Star qualified. Minimum Cooling SEER 16. 2 At least 75% of hot water on premises is heated via Efficient Water Energy Star Certified water heaters or solar water 2 Heating heaters. Use roofing materials that have a Solar Reflective Cool Roof Index(SRI) 75 for low-sloped roofs (<2:12)for a 2 minimum of 75% of the roof surface. Use of white or cool light colors for the body of Building Color buildings to reflect rather than absorb heat and 2 reduce cooling costs. Provide energy efficient lighting such as LED lighting Lighting for building interiors for 100%of proposed lighting. 6 Page 392 of 604 Page 7 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 Energy Star All appliances within a building are 100% Energy Appliances Star. 2 Urban Nature Provide canopy trees in an amount that exceeds the Tree Canopy minimum number of required trees by 15%. 3 Total Points 20 Lighting: The photometric plans (Sheets E -1) include five (5) freestanding pole light fixtures, all of which would be 20 feet in height, with the light fixture at 18 feet. The LED light fixture has a flat lens and cut-off feature to inhibit any light spillage/trespass. Additional exterior lighting would be provided through the installation of building mounted and under canopy fixtures, placed at a height of approximately seven (7) feet. The Photometric Plan is in compliance with the City's lighting ordinance, and designed to prevent glare or spillage onto abutting properties. Signage: Site and building signage has not been finalized and a Sign Program will be required for the site, approved prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is still subject to the Art in Public Places requirement. Previously, the applicant had began coordinating with the Public Arts Administrator regarding on-site art and its placement. According to the previous proposed construction estimate, the project would have an art budget of approximately $12,950. RECOMMENDATION Staff has reviewed this request for a New Major Site Plan Modification and Master Plan Modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\MPMD 22-004_NWSP 22-002\MSPM 18-009 1320 S. 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O W !, *'.p' •.P oU:�j ¢� a �> a� zo ww z Sm W RON LL 0 LL u r 3> Z€t£L t7 2 xNORW z coo F WJ Z a 1-d ZsMQ�+h3dr �k 9 'r ,' 02 o {g W �+1 .5k `.'fi@. 'c�4}ball 0 Of § >.r Fa ,tta � yy O 0 d LL! 5 aim a W`o w uj w xk Q z g h-0 Fx J - W F- D � . OFAxwu�� wO o LL x d O t GtScQia'-u.zaz`��>"�z-"'., cc rtce.gcvw 8 •a��w�<cw:a�o<c` c�wQw,¢rroo Qh¢z d �( W WOWO W C9 my w p _jtomu lcxapa�S`• at.,e.* s d uj � ;.i EXHIBIT "C" Conditions of Approval Project Name: 1320 S. Federal Highway File number: MPMD 22-004 & NWSP 22-002 Reference: 2nd review of plans identified as a New Maior Site Plan with an December 23, 2021 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. At time the Engineer of Record submits plans for a Land Development Permit to this Division, an in-depth review will take place. The plans must conform to all of the City of Boynton Beach Code of Ordinances, standards, and requirements. These permits include, but are not limited to, the following: paving, drainage, curbing, site lighting, landscaping and irrigation. The "Engineering Division Design Handbook and Construction Standards" manual is available at https://www.boynton-beach.org/engineering/new- construction-department-public-works-engineering-division 2. Permits required from other permitting agencies, such as South Florida Water Management District (SFWMD) and Palm Beach County Engineering Department (PBCED), shall be required prior to issuance of a Land Development Permit. 3. Full drainage plans, including drainage calculations, in accordance with the 2010 LDR, Chapter 4, Article VIII, Section 3.G. will be required at the time of permitting. 4. All signing and pavement markings must meet Palm Beach County Traffic Engineering Division Standards and the Manual on Uniform Traffic Control Devices, latest edition. 5. All parking lots must meet the 2010 LDR, Chapter 4, Article V. 6. All private and/or public streets must meet the 2010 LDR, Chapter 4, Article VIII. 7. If a dumpster is required by Public Works, provide a minimum outside turning radius of 55 ft. to allow turning movements for solid waste trucks. Truck routes for fire and solid waste to be determined by individual departments/divisions. 8. The lighting design shall provide a minimum average light level of one foot-candle with all light poles to withstand a 140 MPH wind load and shall be operated by photoelectrical control and are to Page 403 of 604 1320 S. Federal Highway(MPMD 22-004 & NWSP 22-002) Conditions of Approval Page 2 of 4 DEPARTMENTS I INCLUDE I REJECT remain on until one hour after closing or 2:00 a.m. whichever is later per (2010 LDR, Chapter 4, Article VII, Section 3.). 9. All catch basin and manhole covers shall be bicycle proof per the 2010 LDR, Chapter 4, Article VIII, Section 3.G.b. and Engineering Design Manual Chapter 5, Paragraph DA.b. 10. Provide FDOT sidewalk curb ramp and show pedestrian crossing on Riviera Drive, with the intersection with Federal Hwy. FIRE Comments: 11. The site is required to meet the required turning radius as specified in the 2021 International turning radius guidelines. 12. Provide fire sprinklers and fire alarms. POLICE Comments: None. All previous comments acknowledged at DART meeting. BUILDING Comments: 13. Provide Elevation Certificate to verify building is not in a SFHA. PARKS AND RECREATION Comments: None. All previous comments addressed at DART meeting. PLANNING AND ZONING Comments: 14. The project is required to meet the City's Sustainability Regulations (Chapter 4, Article XIII, Section 3). The project is required to achieve at least 20 points (Table 3-1). Revise the Site Plan (SP-1) to include the sustainable development requirements, as well as a list of proposed sustainable development options and points, including a table depicting the required 20 points. Page 404 of 604 1320 S. Federal Highway(MPMD 22-004 & NWSP 22-002) Conditions of Approval Pae 3 of 4 DEPARTMENTS I INCLUDE I REJECT 15. At time of permit, an approved Sign Program will be required prior to issuance of any signs for the project. 16. Changes to proposed uses may require approval of a Major Site Plan Modification or Conditional Use application, as well as additional approvals for any required relief. Uses involved in preparing, selling, and/or serving food and beverage items, require an on-site screened dumpster. 17. At time of permit, provide details of the proposed roof top trellis. 18. At time of permit, please submit a traffic statement from Palm Beach County. 19. At time of permit, the standard parking spaces must be at least nine (9) feet by eighteen (18) feet, as shown on the Standard size Parking Detail on the Site Plan (SP-1). 20. At time of permit, label the proposed compact parking spaces on the Site Plan (SP-1). Revise the Parking Reduction Justification to indicate the use of compact parking spaces as shown on the Site Plan. 21. At time of permit, please replace the front setback information with the Build-to-Line dimensions. 22. At time of permit, revised the drawings to show the entire sidewalk area along S. Federal Highway consisting of brick pavers. 23. At time of permit, revised the plans to be consistent with the approved Site Plan (SP-1). COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. 24. Provide copy of FDOT permit for work within the Right of Way. Provide approval by FDOT to install tree planters within R-O-W and relocate sidewalk on private property. 25. Please coordinate with FPL on where the electrical service will be provided and ensure allowable separation from existing utility poles. PLANNING & DEVELOPMENT BOARD CONDITIONS Page 405 of 604 1320 S. Federal Highway(MPMD 22-004 & NWSP 22-002) Conditions of Approval Page 4 of 4 DEPARTMENTS I INCLUDE I REJECT Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\MPMD 22-004—NWSP 22-002\Staff Report\ExhibitC_MPMD 22-004& NWSP 22-002 COA.doc Page 406 of 604 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 1320 S. Federal Highway (MPMD 22-004 & NWSP 22-002) APPLICANT: MJ Jackson Holdings, LLC. APPLICANT'S ADDRESS: 3225 NE 401h Court, Fort Lauderdale, FL 33308 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 15, 2022 APPROVAL SOUGHT: Approve the 1320 S. Federal Hwy. Office Building Master Plan Modification and New Major site Plan to construct a 10,898 square foot structure and associated site improvements. LOCATION OF PROPERTY: Northeast corner of the intersection of Riviera Drive and Federal Highway 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\1320 S. 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C7 4D y ami to =w � LL 6c� w I � # a x g21 c J � it ue c n c L tl Iz aH �ao .oa yh i w 332}1.P-3321iS.US 7£gu �:FJ `,Y _b 5.if QaR ` OAU s� WPH Q p,q nR ynuaQ uMun[�:xS ��m 3ift'RIS t i I �� - ��' ° � moi& � 1 s r N LLI ❑ LLI�j I..�, , % ✓ ILLI ..� !!i � J �r, _ LO Ap w U 4 1 t, t ii J ti 'I ISR M f W 3 � s I �' � 41`Rt •8£'Dpl`'IV � � � O o! J � a ti h ��{ O O O I P yy i Iq {{ f i u �1 �S 9v I 1 W I cn Yi 7{ Z i F'� U� Z Q 1 Q J I rxT uu99 E � YeLy}n1.:n , wr23 E }} ryf5 U a>. Jill r a 46 AN Ov ! � a a AM I jag �.& Q o lit MEn HIM w 4 how Head Ell any 1 11 W ® m i � s V 0 Z mn AVNIWQIFd '"303i kWO5 Z Q J � • e • o m • / 4- • o • ® ® co • e • • • e • t • � / t • • • • ®® • ® t t 8.D. Public Hearing 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Approve request for a Height Exception (HTEX 22-001) for 1320 S. Federal Highway to allow tower elements and architectural features to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet in the MU-1 (Mixed Use-1) zoning district. Applicant: TY Eriks MJ Jackson Holdings, LLC. Explanation of Request: The proposed building is designed as a three (3)-story structure with roof access and a parapet wall and architectural feature extending past the third story. The Land Development Regulations, Chapter 3, Article 111, Section 5.C.1, Mixed Use (Urban) Districts Building and Site Regulations, limits all structures located within the MU-1 zoning district to a maximum height of forty-five (45) feet above the minimum finished floor. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires, domes, cupolas and rooftop equipment. However, the noted exceptions are allowed only through obtaining approval from the City Commission. In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The proposed building elevations (Sheet A1.2) depict the typical flat roof deck height as 40'-8", with typical parapet walls at approximately 44'-8". Tower elements and architectural features are proposed to extend up to 54'-10" in height, 9'-10" above the maximum allowable height in the MU-1 zoning district. The plans indicate that the requested height exception is not necessary for the entire roof of the proposed structure, but only relatively small areas near the north and south ends of the building. The Planning and Development Board did not recommend approval of this item at their January 25, 2022 meeting. How will this affect city programs or services? Fiscal Impact: Alternatives: None recommended Strategic Plan: Strategic Plan Application: NA Climate Action Application: NA Is this a grant? Page 439 of 604 Grant Amount: Attachments: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order D Attachment Applicant Presentation D Attachment Staff Presentation Page 440 of 604 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-006 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Amanda Radigan Principal Planner DATE: January 19, 2022 PROJECT: 1320 S. Federal Highway (HTEX 22-001) REQUEST: Approve request for Height Exception (HTEX 22-001) to allow the tower elements and architectural features of the 1320 S. Federal Highway project to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet in the MU-1 (Mixed Use-1) zoning district. PROJECT DESCRIPTION Property Owner: MJ Jackson Holdings, LLC Agent: Bradley Miller, Urban Design Studio Location: Northeast corner of the intersection of Riviera Drive and Federal Highway (Refer to Exhibit"A": Location Map) Existing Land Use: Mixed Use Low (MXL) Existing Zoning: MU-1 Mixed Use 1 Proposed Land Use: Mixed Use Low (MXL) Proposed Zoning: MU-1 Mixed Use 1 Acreage: 0.51 acre Adjacent Uses: North: Developed office condominiums (Colonial Center) classified Office Commercial (OC) and zoned C-1 Office Professional; Page 441 of 604 Page 2 1320 S. Federal Highway HTEX 22-001 South: Right-of-way of Riviera Drive, then developed residential condominiums (Snug Harbor) classified High Density Residential (HDR) and zoned R-3 Multi-family Residential; East: Right-of-way of Riviera Drive, then common grounds (green space) of the Snug Harbor condominiums and farther east developed single family homes, classified Low Density Residential (LDR) and zoned R-1-AA Single Family Residential; and West: Right-of-way of Federal Highway, then farther west developed commercial property (Dunkin Donuts & convenience store), classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. BACKGROUND The subject 0.51-acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up until then housed an I-HOP restaurant. The same year, a mixed-use project consisting of office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer on the books) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU-1 designation. Residential uses are not part of the subject request. Instead, the applicant proposes a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with an additional 1,920 square feet retail space on the first floor and a small, 900 square foot art museum. The proposed project was previously approved by the City Commission on October 16, 2018. However, the Development Order recently expired, requiring the Master Plan Modification and New Major Site Plan applications, and associated Height Exception Application (HTEX 22- 001), to again undergo the necessary application reviews culminating in City Commission review and approval. ANALYSIS The proposed building is designed as a three (3)-story structure with roof access and a parapet wall and architectural feature extending past the third story. The main entrance to the building is at the corner of Federal Highway and Riviera Drive. The building is placed so that it fronts Federal Highway with an extensive setback to the residential neighborhood located to the east of the site. The building occupies most of the frontage of the site and has the vehicular circulation, including the parking and drop off area, contained behind the building. The proposed building has a contemporary design, featuring a lightly textured painted stucco finish, storefront glass, and louvers wrapping the two stir towers at either end of the building. The building has a flat accessible roof with a trellis and architectural elements above the parapet. The Land Development Regulations, Chapter 3, Article III, Section 5.C.1, Mixed Use (Urban) 2 Page 442 of 604 Page 3 1320 S. Federal Highway HTEX 22-001 Districts Building and Site Regulations, limits all structures located within the MU-1 zoning district to a maximum height of forty-five (45) feet above the minimum finished floor. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires, domes, cupolas and rooftop equipment. However, the noted exceptions are allowed only through obtaining approval from the City Commission. In considering an application for exception to the district height standard, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The proposed building elevations (Sheet A1.2) depict the typical flat roof deck height as 40'-8", with typical parapet walls at approximately 44'-8". Tower elements and architectural features are proposed to extend up to 54'-10" in height, 9'-10" above the maximum allowable height in the MU- 1 zoning district. The plans indicate that the requested height exception is not necessary for the entire roof of the proposed structure, but only relatively small areas near the north and south ends of the building. As evidenced by previous approvals, this request for height exception would not constitute a granting of special privilege, nor would it impact the air or light of adjacent properties, due to the small percentage of the overall roof area that is subject to the height exception and the distance separation from other commercial or residential structures. The sizeable distance to the nearest residential structure further diminishes any potential incompatibilities associated with this request and allows the roof deck of building to be accessed and shaded during use. RECOMMENDATION Staff has reviewed this request for a Height Exception and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "D" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\HTEX 22-001\Height Exception 1320 S. Federal Highway Staff Report.docx 3 Page 443 of 604 Exhibit A LOCATION MAP r SE12tl love _ n + r psi r It t 1 , �R"s � I��IFI}+{i � Z:Ydtr ;fAlS (yy t?G Phk � t x + ,E E Woolbright Rd Legend N TCEA Boundary o 25 5o d ,ot44 604 s �3aa,o 3a 3aao �dse3a3s3 o�aedo�a3 U) m U S£17££'I3H:)V3H NO.LAT IOH I� a �� Z N H'IVHHQOHIHI HICIOS OL = Z 0 fir `''. �' -1VAM:3ddV NVId 311S _ D w �- 3oI�dO Wb :G(13�HinoS OZE Iw a m J �` � w o«-E3m:`< �< «� poo <<�_ — aaa ow w - =p. �� — w< <o oQN o = Q - J 0 o o <o = Q Z n = (J j - a lo www= o� 9 0 Q IM Bill, o T- T oFF v ooe o e i xo L 6 oe oe � e i o o Ell s Z Z o o F a a �m „c s �3aa,o 3a 3aao �dse3a3s3 o�aedo�a3 U) m +�+ S£ ££ � 'I3H:)V3HNO.LAT IOH �� (DZ047 M �kY U H'IVHHQZ£ H3 HICIOS OL Z O pr �' l /�023LU bddb Nbld 311S ' s m 3�I�dO Wb :G(13=1 Hinos on i w Q _j 9 poo -� - «< �' owj= w =po N�o B�Bo O11 - H- z 11 11 loQ _ a_� J �oW W Z = J - o - a o� �o z �� - 5 0 o a o o � ZZ 0 0 w� w =m =m �w 0w 0 L„ 6 E N 5) Eo 06— O o o � o � cc H Z �il! ISI ' 1 o Im J r r r ,l o o LU LU LU z LL LU 0 x a I J I LU 0 W 0 0 OO �r,N �r m t ' is I.f a I P� EXHIBIT "C" Conditions of Approval Project Name: 1320 S. Federal Highway File number: HTEX 22-001 Reference: 1St review of plans identified as a Height Exception with an December 23, 2021 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: None COMMUNITY REDEVELOPMENT AGENCY Comments: None PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\HTEX 22-001\ExhibitC_HTEX 21-001 COA.doc Page 448 of 604 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 1320 S. Federal Highway (HTEX 22-001) APPLICANT: Ty Eriks, MJ Jackson Holdings, LLC. APPLICANT'S ADDRESS: 3225 NE 401h Court, Fort Lauderdale, FL 33308 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 15, 2022 APPROVAL SOUGHT: Approve request for Height Exception (HTEX 22-001) to allow the tower elements and architectural features of the 1320 S. Federal Highway project to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet. LOCATION OF PROPERTY: Northeast corner of the intersection of Riviera Drive and Federal Highway 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\1320 S. 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C7 4D y ami to =w � LL 6c� w I � # a x g21 c J � it ue c n c L tl Iz aH �ao .oa yh i w 332}1.P-3321iS.US 7£gu �:FJ `,Y _b 5.if QaR ` OAU s� WPH Q p,q nR ynuaQ uMun[�:xS ��m 3ift'RIS t i I �� - ��' ° � moi& � 1 s r N LLI ❑ LLI�j I..�, , % ✓ ILLI ..� !!i � J �r, _ 13 U v A'o (6 1 t, t ii J ti 'I ISR M f W 3 � s I �' � 41`Rt •8£'Dpl`'IV � � � O o! J � a ti h ��{ O O O co N I P yy i Iq {{ f i u �1 �S 9v I 1 W I cn Yi 7{ Z i F'� U� Z Q 1 Q J I rxT uu99 E � YeLy}n1.:n , wr23 E }} ryf5 U a>. Jill r a 46 AN AM I jag ! � a �.& Q o lit MEn HIM w 4 how Head Ell any 1 11 W ® m i � s V 0 Z mn AVNIWQIFd '"303i kWO5 Z Q J � • e • o m • / 4- • o • ® ® o co• e • • • e • t • � / t • • • • ®® • ® t t 8.E. Public Hearing 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Proposed Ordinance 22-004- Second Reading -Approve Mural Ordinance creating a mural standards section in the City's Land Use Regulations. Explanation of Request: On January 4, 2022, the sign ordinance, Ordinance 21-031 was adopted by the City Commission. Adoption of the sign ordinance effectively removed mural standards and requirements from the City's Land Use Regulations. This ordinance creates a mural standard section in the City's Land Use Regulations. Specifically, this ordinance includes the authority for the City's Art Advisory Board to review and approve proposed murals. In addition, this ordinance includes mural criteria to the Art in Public Places Program guidelines. On February 1, 2022, during the first reading of the Mural Ordinance, the City Commission requested that the new mural program allow the flexible creation of murals in the Boynton Beach Arts District and future arts area. The request was incorporated into the proposed mural guidelines for the Art in Public Places program as "Artist Walls" and "Boynton Beach Arts District". How will this affect city programs or services? The ordinance's mural standards and the amendments to the City's Art Advisory Board powers, duties, and art in public places guidelines will have a minimal impact on City programs or services to the extent that City staff is reviewing proposed murals. Fiscal Impact: It is anticipated that the fiscal impact will be minimal to the extent that City staff will dedicate resources to enforcing this Ordinance. Alternatives: The alternative to this Ordinance is that there are no standards relating to murals in the City. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 481 of 604 Attachments: Type Description D Ordinance Mural Ordinance Page 482 of 604 1 2 ORDINANCE NO. 22- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 6 FLORIDA AMENDING PART II CITY OF BOYNTON 7 BEACH'S CODE OF ORDINANCES; AMENDING CHAPTER 8 27 ENTITLED "ADVISORY BOARDS AND COMMITTEES"; 9 ARTICLE II ENTITLED `BOYNTON BEACH ART 10 ADVISORY BOARD"; SECTION 27-24 ENTITLED "PURPOSE 11 AND DUTIES"; AMENDING SECTION 27-27 ENTITLED 12 "ART ADVISORY BOARD'S GUIDELINES AND 13 RECOMMENDATIONS"; AMENDING PART III LAND 14 DEVELOPMENT REGULATIONS; AMENDING CHAPTER 1 15 ENTITLED "GENERAL ADMINISTRATION"; ARTICLE H 16 ENTITLED "DEFINITIONS"; AMENDING CHAPTER 4 17 ENTITLED "SITE DEVELOPMENT STANDARDS"; 18 CREATING ARTICLE XIV ENTITLED "MURAL 19 STANDARDS"; PROVIDING FOR CODIFICATION, 20 PROVIDING FOR CONFLICTS; PROVIDING FOR 21 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE 22 DATE. 23 24 WHEREAS, City Staff periodically reviews the Land Development Regulations Code 25 of the City and makes recommendations to the City Commission to revise its Regulations; and 26 WHEREAS, the City Staff recommends that the City Commission there be a mural 27 standard section in the City's Land Development Regulations; and 28 WHEREAS, the City Staff recommends that the Art Advisory Board's powers and 29 duties be amended to include the authority to approve proposed murals; and 30 WHEREAS, the City Staff recommends that mural criteria is included in the Art in 31 Public Places Program guidelines; and 32 WHEREAS, City Staff has determined that this Ordinance is consistent with 33 the Comprehensive Plan, the Land Development Regulations and the Ordinances of the 34 City, and recommends approval of this Ordinance; and 35 WHEREAS, the City Commission of the City of Boynton Beach has considered the 36 recommendations and has determined that it is in the best interest of the citizens and 100438316.2 306-90018211 l C:AUsers\Swansonl\Appdata\Local\Microsoft\Windows\lnetcacheAContent.Outlook\SZSTQOLYMural Ordinance(004316-$3a@ 483 Of 604 2xc4b6a).Docx g 37 residents of the City of Boynton Beach, Florida to approve the Ordinance to the City's Code 38 of Ordinances and Land Development Regulations as contained herein. 39 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 40 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 41 Section 1. The foregoing whereas clauses are true and correct and are now ratified 42 and confirmed by the City Commission. 43 Section 2. Part II, City of Boynton Beach's Code of Ordinances, Chapter 27 44 "Advisory Boards and Committees" are hereby amended as follows: 45 Chapter 27 Advisory Boards and Committees 46 Article II. Boynton Beach Art Advisory Board 47 Section 27-24. Purpose and duties. 48 (d) The Art Advisory Board shall have the following additional powers and duties: 49 ... 50 (5) Exercise their authority to approve, approve with conditions or disapprove proposed 51 installation of artwork including murals based on Art in Public Places Program Guidelines; 52 and 53 ... 54 Section 27-27. Art Advisory Board's guidelines and recommendations. 55 (b) Guidelines. The Art Advisory Board shall prepare and from time to time recommend to 56 the City Commission revisions to the Art in Public Places Program guidelines and make the 57 same available to the public, which shall provide guidance for program organization; 58 organizational governance and staffing responsibilities; procedures for project planning; 59 artist selection; art selection criteria; art placement criteria; mural criteria; donations; loans 60 and memorials; collection management; and administration of the public art fiend. 61 62 Section 3. Part III, City of Boynton Beach's Land Development Regulations, Chapter 1 63 "Definitions" and Chapter 4 "Site Development Standards" are hereby amended as follows: 64 Chapter 1. General Administration 65 Article IL Definitions 66 ... 100438316.2 306-90018211 2 C:AUsers\Swansonl\Appdata\Local\Microsoft\Windows\lnetcacheAContent.Outlook\SZSTQOLT1Mural Ordinance(004316-$3a@ 484 Of 604 2xc4b6a).Docx g 67 MURAL - A work of art that is hand-painted image, hand-tiled mosaic, carved or etched 68 masonry, digitally printed image or digitally display system on the exterior surfaces of a 69 building or site 70 71 . Such mural is s not a sign and shall not contain any-advertising or 72 other commercial message with brand name, product name, abbreviation thereof, company 73 or business name or logo, hashtag, trademark or brand imagery. or e*her- eemmereia' 74 fnessage. 75 ... 76 Chapter 4. Site Development Standards 77 Article XIV. Murals 78 a. Purpose. Murals, as defined in Chapter 1, Article 11, are intended as works of art to 79 improve the value and aesthetic appearance of the city, contribute to community 80 identity and redevelopment, foster cultural identity and preserve history, and may be 81 used to enhance exterior walls, roofs, plaza, sidewalks and other surfaces that are 82 visible to the public, all the while respecting community standards. 83 84 b. Standards. Murals shall be a work of art as determined by the Art Advisory Board 85 and 86 1) Be resistant to weathering or vandalism, and 87 2) Be maintained in good condition without deterioration and unrepaired damage, 88 and 89 3) Be unaltered from the approved design, and 90 4) Does not directly or indirectly encourage violation of any federal, state, or local 91 law. 92 93 c. Review Process. Any proposed new mural or any proposed modification to an 94 existing mural shall be reviewed and approved by the Art Advisory Board for 95 compliance with the Art in Public Places guidelines for works of art prior to 96 installation on any building or property. 97 98 Section 4. Each and every other provision of the Land Development Regulations 99 not herein specifically amended, shall remain in full force and effect as originally adopted. 100 Section 5. All laws and ordinances applying to the City of Boynton Beach in 101 conflict with any provisions of this ordinance are hereby repealed. 102 Section 6. Should any section or provision of this Ordinance or any portion 103 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 104 affect the remainder of this Ordinance. 100438316.2 306-90018211 3 C:AUsers\Swansonl\Appdata\Local\Microsoft\Windows\lnetcacheAContent.Outlook\SZSTQOLYMural Ordinance(004316-$3a@ 485 Of 604 2xc4b6a).Docx g 105 Section 7. Authority is hereby given to codify this Ordinance. 106 Section 8. This Ordinance shall become effective immediately. 107 FIRST READING this day of , 2022. 108 SECOND, FINAL READING AND PASSAGE this day of 109 2022. 110 CITY OF BOYNTON BEACH, FLORIDA III YES NO 112 113 Mayor— Steven B. Grant 114 115 Vice Mayor—Woodrow L. Hay 116 117 Commissioner—Justin Katz 118 119 Commissioner— Christina L. Romelus 120 121 Commissioner— Ty Penserga 122 123 VOTE 124 125 ATTEST: 126 127 128 129 Crystal Gibson, MMC 130 City Clerk 131 132 133 (Corporate Seal) 100438316.2 306-90018211 4 C:AUsers\Swansonl\Appdata\Local\Microsoft\Windows\lnetcacheAContent.Outlook\SZSTQOLYMural Ordinance(004316-$3a@ 486 Of 604 2xc4b6a).Docx g 8.F. Public Hearing 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Proposed Ordinance 22-005 - Second Reading -Approve Ordinance Amending Chapter 26 entitled "Water, Sewers and City Utilities," by Amending Article 1, entitled "In General," to create §26-6, entitled "Conditions for Utility Service; Penalties," establishing requirements for utility service, penalties for non-compliance, and appeals; amending Article "IV" entitled "Sewers," §26-57, entitled "Connections Required," to amend the time period to connect to sewer; providing for severability, conflicts, codification, and an effective date. Explanation of Request: The proposed amendments to Chapter 26 of the Code of Ordinances provides clarification regarding water and sewer utility service for property owners. For properties located outside of the City limits, a Water and Sewer Service/Annexation Agreement is required. The Code amendments define and clarify the requirements for water service customers to connect to sanitary sewer when it is available adjacent to or abutting the property. The amended timeframe for connecting to sanitary sewer is within ninety (90) days after notice by the City, changed from the previous requirement of thirty (30) days. The ordinance also outlines enforcement and appeals provisions. How will this affect city programs or services? The proposed amendments to Chapter 26 of the Code of Ordinances will provide clarification regarding the requirements for utility service, required connections, time period, penalties, and appeals. Fiscal Impact: There is no fiscal impact to the City or Utilities Department with the proposed Ordinance amendments. Alternatives: Do not approve the proposed Ordinance amendments. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 487 of 604 Type Description Ordinance Ordinance amending Chapter 26- Water, Sewers Page 488 of 604 1 2 ORDINANCE 22- 3 4 5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 6 BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 26, 7 ENTITLED "WATER, SEWERS AND CITY UTILITIES," BY 8 AMENDING ARTICLE I, ENTITLED "IN GENERAL," TO CREATE 9 §26-6, ENTITLED "CONDITIONS FOR UTILITY SERVICE; 10 PENALTIES;" ESTABLISHING REQUIREMENTS FOR UTILITY 11 SERVICE, PENALTIES FOR NON COMPLIANCE, AND APPEALS; 12 AMENDING ARTICLE "IV" ENTITLED "SEWERS," §26-57, 13 ENTITLED "CONNECTIONS REQUIRED," TO AMEND THE TIME 14 PERIOD TO CONNECT TO SEWER; PROVIDING FOR 15 SEVERABILITY, CONFLICTS, CODIFICATION, AND AN 16 EFFECTIVE DATE. 17 18 WHEREAS, the City of Boynton Beach ("City") finds it efficient and in the best 19 interest of health and safety to require the bundling of utility services,where possible, and 20 to provide penalties for failure to comply with various provisions of the City Code of 21 Ordinances, Chapter 26, entitled "Water, Sewers, and City Utilities;" and, 22 23 WHEREAS, the City currently provides water and sanitary sewer services to 24 various properties both within the City's jurisdictional boundaries and outside of the City's 25 boundaries but within the City's Utility Service Area; and, 26 27 WHEREAS, certain properties to which the City provides water service currently 28 dispose of wastewater by utilizing on-site septic systems, a practice with adverse 29 environmental impact; and, 30 31 WHEREAS, the proper disposal of wastewater is necessary to protect sources of 32 drinking water and is vital to maintaining a healthy environment; and, 33 34 WHEREAS, the Supreme Court of Florida has found that water and wastewater 35 services are "...so interlocked that neither can be effective without the other;" and, 36 37 WHEREAS, implicit in the power to provide municipal services is the power to 38 construct, maintain, and operate necessary water and sanitary sewer facilities; and, 39 40 WHEREAS, the Supreme Court of Florida has held "...[u]sers who benefit 41 especially, not from the maintenance of the system, but by the extension of the 42 system...should bear the cost of that extension;" and, 43 44 WHEREAS,the City Commission hereby finds that water and wastewater services 45 provided by the City,are so interlocked that such services shall be bundled where possible, 46 thus water service customers shall be required to utilize the City's sanitary sewer system 47 where available, so that the City may effectively ensure the proper disposal of wastewater 48 while protecting the City's ground and surface waters; and, 100473285.6 306-99054951 Page 1 of 6 Page 489 of 604 49 50 WHEREAS, it is the intent of the City Commission that property owners whom 51 fail to take such action that may be necessary to pay for and connect to any newly placed 52 or existing sanitary sewer facilities shall be subject to various penalties including, the 53 discontinuation of water service, the imposition of a utility lien, and legal action for non 54 payment of fees and charges; and, 55 56 WHEREAS, the City Commission finds it in the best interest of health and safety 57 to adopt this ordinance to require all property owners within the City Utility Service Area 58 to comply with the requirements of City Code of Ordinances, Chapter 26, or shall be 59 subject to certain penalties for failure to comply. 60 61 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 62 BEACH, FLORIDA: 63 64 Section 1. The foregoing"WHEREAS" clauses are hereby ratified and confirmed 65 as being true and correct and made a specific part of this Ordinance by this reference. All 66 references to"City" contained herein shall be construed as referring to the City of Boynton 67 Beach. 68 Section 2. Chapter 26, entitled "Water, Sewers and City Utilities," Article I, 69 entitled "In General," of the City's Code of Ordinances, is hereby amended to create new 70 Section 26-6, entitled"Conditions for utility service;penalties," as set forth below: 71 Sec. 26-6. Conditions for utility service; penalties. 72 (a) Agreement required. 73 Property owners with property within the municipal limits of the City seeking 74 utility service shall,as a condition of obtaining service, open a utility account,enter 75 into and maintain a current service agreement with the City's Utility Department 76 and comply with the provisions of this Chapter 26. Property owners with property 77 lying outside the municipal limits of the City but within the City Utility Service 78 Area shall, as a condition of obtaining service, open a utility account with the 79 City's Utility Department, enter into and maintain a current Water and Sewer 100473285.6 306-99054951 Page 2 of 6 Page 490 of 604 80 Service/Annexation Agreement with the City, and comply with the provisions of 81 this Chapter 26. 82 (b) Bundling of services, connection and payment required. 83 City water service customers, as a condition of obtaining service, are required to 84 connect to any newly placed or existing City sanitary sewer facilities that are 85 adjacent to or abutting any applicable lot or parcel, so that the City may oversee 86 the proper disposal of wastewater while also protecting the City's ground and 87 surface waters. Sanitary sewer facilities shall be deemed adjacent to or to abut a 88 lot or parcel if a facility is located in a street, right-of-way, or easement adjoining 89 the subject lot or parcel.Property owners are required to connect to available sewer 90 facilities within ninety (90) days after the City provides official notice to do so. 91 Once connected,the property owner shall cease to use any other method of sewage 92 disposal and comply with Palm Beach County's onsite sewage system 93 abandonment procedures. All costs and expense incidental to compliance with this 94 Section shall be borne by the property owner. 95 (c) Penalties. 96 1. Should a property owner fail to comply with requirements of this Chapter 97 26, the City may assess and impose a delinquency charge on the property 98 owner's utility bill. 99 2. If a delinquency charge is in default for forty-nine (49) or more days, or a 100 property owner has failed to comply with the requirements of this Chapter 101 26, for more than (49) days once the City has provided property owner 102 notice of any such default, in addition to any other remedy permissible by 103 law,the City shall cease to furnish service and may refuse to resume service 100473285.6 306-99054951 Page 3 of 6 Page 491 of 604 104 to the property until all sums due shall have been paid in full and the default 105 is cured. The City shall have a lien against the property for any unpaid fees 106 and charges, such sums may be recovered by the City by suit in a court 107 having jjurisdiction of said cause. 108 (d) Appeals. 109 A property owner who desires to challenge_ a City enforcement action or charge 110 may request review of the action or charge rendered by the City's Utility 111 Department pursuant to this Section. The City's Finance Director or their designee 112 shall review the facts and decide meals where it is alleged that there is an error 113 in the application and enforcement of this Chapter 26. Any meal pursuant to this 114 section shall be in writing and delivered to the City Clerk within sixty (60) days 115 from the date of the subject utility bill or default notice. The meal shall specify 116 the grounds for such meal. The Finance Director or their designee shall 117 coordinate the review of the meal with the appropriate Departmental and 118 Administrative personnel and render a final decision within ninety(90)days of the 119 date the meal is filed with the City Clerk. The Finance Director's determination 120 on the meal shall be in writing and set forth in detail the reasons for its decision. 121 All determinations arising out of this section shall be final. 122 Section 3. Chapter 26, entitled "Water, Sewers and City Utilities," Article IV, 123 entitled "Sewers," of the City's Code of Ordinances, is hereby amended to revise Section 124 26-57, entitled "Connections required," as set forth below: 125 Sec. 26-57. Connections required. 100473285.6 306-99054951 Page 4 of 6 Page 492 of 604 126 (a)(1) A connection to the City's sanitary sewer system is required when t-The 127roomy owner, tenant or occupant of each lot or parcel of land within the city 128 .-� is adjacent to or abuts upon a street or other public way containing any 129 newly placed or existing City sanitary sewer served or which may be served by the 130 sewage disposal system and upon which lot or parcel a building has been or shall 131 be constructed for residential, commercial or industrial use., 132 (2) Such connection shall be made within nine (990) days after the Cily 133 provides official notice to connect 134 , 135 or within +hiftt� nine (990) days after the completed construction of 6tteh a 136 applicable building_ 137 tD Thereafter,the property owner,tenant or occupant of each lot or parcel of land 138 within the City shall cease to use any other method for the disposal of sewage, 139 sewage waste or other polluting matter and comply with Palm Beach County's 140 onsite sewage system abandonment procedures. All costs and expense incidental 141 to compliance with this Section shall be borne by the property owner. 142 ... 143 Section 4. Codification. It is the intention of the City Commission that the 144 provisions of this Ordinance shall become a part of the City's Code of Ordinances, as 145 amended. The provisions of this Ordinance may be renumbered or re-lettered and the word 146 "ordinance" may be changed to "section," "article" or other appropriate word to 147 accomplish such intention. 148 Section 5. Severability. The provisions of this Ordinance are severable, and if 149 any section, subsection, sentence, clause or provision is held invalid by any court of 100473285.6 306-99054951 Page 5 of 6 Page 493 of 604 150 competent jurisdiction, the remaining provisions of this Ordinance shall not be affected 151 thereby. 152 Section 6. Conflicts. All ordinances or parts of ordinances,resolutions or parts of 153 resolutions, in conflict herewith are hereby repealed to the extent of such conflict. 154 Section 7. Effective Date. This Ordinance shall become effective 155 immediately upon adoption. 156 FIRST READING this day of , 2022. 157 158 SECOND, FINAL READING AND PASSAGE this day of 159 , 2022. 160 161 CITY OF BOYNTON BEACH, FLORIDA 162 163 YES NO 164 165 Mayor— Steven B. Grant 166 167 Vice-Mayor—Woodrow L. Hay 168 169 Commissioner—Justin Katz 170 171 Commissioner—Christina L. Romelus 172 173 Commissioner—Ty Penserga 174 175 VOTE 176 177 ATTEST: 178 179 180 181 Crystal Gibson, MMC 182 City Clerk 183 184 185 186 (Corporate Seal) 100473285.6 306-99054951 Page 6 of 6 Page 494 of 604 9.A. City Manager's Report 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Approve date change from March 1, 2022 City Commission meeting to a Special City Commission Meeting on March 9, 2022, from 3:00 p.m. to 5:00 p.m., to accept staff ranking of applications to the Notice of Funding Opportunities (NOFOs)for use of the City's American Rescue Plan Act (ARPA)funds, and to award funds based upon application eligibility and proposed programming. Explanation of Request: On May 10, 2021, the US Department of Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds established by the American Rescue Plan of 2021. The Treasury also released details on how these funds can be used to respond to acute pandemic response needs, fill revenue shortfalls among local governments, and support the communities and populations hardest-hit by the COVI D-19 public crisis. Eligible uses must be in response to the disease itself or the harmful consequences of the economic disruptions resulting from, or exacerbated by, the COVID-19 public health emergency. The City of Boynton Beach will receive a total of$13,647,904.00 in two tranches, and has already received the first deposit of $6,823,952.00 on May 19,2021. On December 7, 2021, the City Commission approved the City's ARPA Master Spending Plan, Budget, and Schedule. ----------------------------------------------------------------------------------------------- r AMERICAN RESCUE PLAN ACT (ARPA) MASTER SPENDING PLAN ---------------------------------------------------------------------------------------------- PRIORITY BUDGET r--------------------------------------------------------------------------------------------- Economic Stability and Resilience $2,000,000 Housing Affordability and Homeownership $2,000,000 r--------------------------------------------------------------------------------------------- Educational Opportunities and Job Skills $1,500,000 Development Healthcare Access and Health Outcomes $1,000,000 r-------------------------------------------------------------------------------------------- Criminal Justice and Safety $500,000 ________________________________________________________________________a_____________________ r------------------------------------------------------------------------------------------------- AMERICAN RESCUE PLAN ACT (ARPA) NOFO SCHEDULE MILESTONE DATE r------------------------------------------------------------------------------------------------- Promote Framework& NOFO Schedule to Dec 15, 2021 Providers ------------------------ ------------------------------------------------------ Commission Approve Partnership I nitiatives and Jan 4, 2022 NOFO Solicitation r -------------- Advertise NOFOs Jan 7, 2022 r----------------------------------------------------------------------- -------------- Pre-Proposal Workshop Jan 13, 2022 r-------------------------------------------------------------------------------------------------- Page 495 of 604 Proposals Received Feb 4, 2022 L------------------------------------------------------------------------------------------------- Twenty (20) Subrecipient Grant Applications were submitted by 4:00 p.m. on February 4, 2022. A preliminary review of submittals indicated that applicants were challenged by the application process or may have rushed to meet the application deadline and submitted incomplete supporting documentation which required immediate corrective action. . Additionally, several applicants seemed confused about the format and content of their program budgets. To assure the success of this funding opportunity, the City requested that budget disclosures be resubmitted using a revised budget form, and applicants submit documentation missing from their applications within a seven (7) day "cure period". The City deferred action on all the applications that have been submitted and is allowing until noon on February 18, 2022 for each applicant to disclose their budget using the revised budget form, and cure their original submittal deficiencies. This is not an opportunity to make any changes to the original application, and does not re-open the original application submittal deadline. NOFO Proposals will be evaluated and ranked by a staff Evaluation Committee beginning February 21, 2022. Rankings will be presented to the City Commission for acceptance and consideration at a Special Meeting on March 9, 2022. The City Commission will have the ability to award funding to applicants based on eligibility and proposed programming. How will this affect city programs or services? The ARPA Fiscal Recovery Funds are intended to expand or create new projects, programs and services that respond to or mitigate the harmful consequences of the economic disruptions resulting from or exacerbated by the COVID-19 public health emergency. Fiscal Impact: The City received $6,823,952.00 on May 19, 2021 and will receive the second distribution of$6,823,952.00 on May 19, 2022 for a cumulative total of$13,647,904.00. Alternatives: N/A Strategic Plan: Building Wealth in the Community, Public Health and Safety Strategic Plan Application: In 2020, the City of Boynton Beach partnered with FIU in undertaking the Boynton Beach Equity Initiative. The initiative provides the analytical framework and recommended action/policy items in five interconnected equity pillars- Economic Development, Education, Housing, Criminal Justice and Safety, and Public Health. In conjunction, the internal city assessment examining internal city practices ensures that the City has the structures and capacity to effectively implement policies towards racial and social justice. In addition to the Housing and Economic Development strategies that are currently in development, the City has established the foundation for the advancement of community-based programs that will direct resources and efforts towards addressing the most pressing community challenges. Based on the detailed analysis of conditions in the city and with the goal of ensuring that Boynton Beach remains a city where all residents can prosper, in alignment with the city's strategic plan, the city is inviting community partners to request funding for programs that will address community challenges. Climate Action Application: Is this a grant? Page 496 of 604 Grant Amount: Attachments: Page 497 of 604 9.B. City Manager's Report 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Review enclosed memorandum summarizing staff research and discuss process for potential parks bond. Explanation of Request: The City Commission has requested that staff look into the possibility of a referendum for a parks bond. City staff has provided a timeline and best practices learned from nearby cities who have had a parks bond approved. Memorandum enclosed. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Staff Report Staff Report Page 498 of 604 The City of Boynton Beach OFFICE OF THE CITY MANAGER 100 East Ocean Avenue Boynton Beach, FL 33435 (P): 561-742-6010(F): 561-742-6011 ` www.boynton-beach.org TO: Lori LaVerriere, City Manager FROM: Kathryn Matos, Assistant City Manager DATE: February 8, 2022 RE: Parks Bond Research for Commission Discussion Based on extensive research including communication with multiple municipalities (City of Hollywood, City of Doral, City of West Palm Beach, City of Cape Coral and City of Fort Lauderdale) and several consultations with the Trust for Public Land, the following critical steps have been identified as the key elements needed to establish a referendum for a Parks General Obligation Bond: 1) Conduct Parks Master Plan Engage consultant to conduct Parks Master Plan to provide professional analysis of existing conditions and needed improvements for modernizing the parks system based on national standards and trends.Separate from but complimentary to the process for a potential parks bond, staff is recommending this as part of the CAPRA reaccreditation process for the Recreation&Parks Department. The Parks Master Plan process will include gathering public input through workshops, a statistically valid mail-in and telephonic survey and online surveys, a multi-lingual project website and input from stakeholder committees. Delivery of the Parks Master Plan ties in nicely with the timing for a referendum as it will lay the foundation for projects to be included in a potential bond.The estimated timeline to complete the Parks Master Plan is 10-12 months. Cost: $164,000 (on February 15, 2022 Commission agenda for consideration) 2) Engage the Trust for Public Land (TPL) The TPL is a nonprofit organization founded in 1972 that provides expertise and experience in guiding municipalities through the bond referendum process. The TPL has assisted many municipalities across the country with parks bonds.Their mission is to preserve open spaces and it aligns with the City's efforts to serve the public with emphasis on equity, resilience and fiscal responsibility. They provide services such as performing a feasibility analysis to gauge public interest in supporting a bond, drafting ballot language and overall expert guidance to the Commission and Staff in effectuating the referendum process. Cost: Estimated contractual services up to $30,000 3) Determine Bond Amount Part of the scope of what the TPL can assist the City with is determining the appropriate amount for a potential bond based on analyzing the cost estimates provided in the Parks Master Plan,the City's financial viability and the public's tolerance for a bond amount. AMERICA'S GATEWAY TO THE GULFSTREAM Page 1 of 2 Page 499 of 604 4) Education Effort After obtaining public input through the Parks Master Plan process, one of the keys for a referendum is a robust education effort to inform the public of what will be included in the potential bond referendum. A successful education effort typically lasts several months to a year so that the public has a reasonable period of time to become familiar with what the bond will pay for and what the financial impact to individual properties will be. Examples from some of the municipalities staff spoke to include creating an online interactive map where residents can click on their property and see what their tax bill will increase by if the referendum passes. The effort will also include creating a website and printed materials to get the word out, as well as directly reaching out to the community as much as possible by holding public town halls, attending homeowner's association meetings, local organization meetings,etc. It is typical for municipalities to engage a consultant to assist with the education effort. For a City the size of Boynton Beach, a rough estimate for these services is $50,000, wholly dependent on scope and procurement/contract negotiations. 5) Coordination with Supervisor of Elections, Legal Advertising&Other Procedural Tasks The estimated timeline to meet all of the procedural requirements of a bond referendum is estimated at six months. This includes coordination with bond counsel; passing a resolution to authorize project scope, establishing ballot language and referendum date; providing Supervisor of Elections with 90-180 days' notice of bond referendum and appropriate legal advertising of referendum starting at least 5 weeks prior to referendum date. While some of these steps can take place simultaneously,the critical path items are Step 1) Parks Master Plan (10-12 months) and Step 4) Education Effort (6-12 months). Based on the timeline for these two items, the estimated timeline for a potential parks bond is 16-24 months from start (kickoff of Parks Master Plan)to finish (election day). AMERICA'S GATEWAY TO THE GULFSTREAM Page 2 of 2 Page 500 of 604 10.A. Unfinished Business 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Proposed Resolution R22-031 -Approve the Boynton Beach Mural Guidelines for Art in Public Places. Explanation of Request: On June 15, 2021, the City Commission requested a new mural ordinance and guidelines to implement the ordinance. On February 1, 2022, during the first reading of the Mural Ordinance, the City Commission requested that the new mural program permit the flexible creation of murals in the Boynton Beach Art District and future arts area. The Public Art Program and the Art Advisory Board request the approval by resolution of a mural guidelines as an amendment to the Art in Public Places guidelines. The mural guidelines clarify the review and approval process for murals on buildings and sites in the City of Boynton Beach. The mural guidelines are on pages 6 - 10 of the document entitled Proposed Boynton Beach Mural Initiative. The Art Public Art Program and the Art Advisory Board developed a Mural Initiative to describe the methods by which Public Art and the Board will encourage new murals in the city. I n FY22, the Mural I nitiative will be utilized to implement the $20,000 for new murals approved by the City Commission with the FY22 budget. How will this affect city programs or services? The mural guidelines formalize the review and approval process that has been used for a number years without specific requirements. No changes to City services or programs are expected with adoption of the guidelines. Fiscal Impact: No fiscal impact of the mural guidelines for review and approval. Alternatives: The alternative would be no special section for murals in the Art in Public Places guidelines. The terms and processes for any work of public art would be utilized by the Art Advisory Board. Strategic Plan: Culturally Distinct Downtown, High Performing Organization Strategic Plan Application: Official mural guidelines will smooth the operation of the Art Advisory Board for property owners and artists. The mural guidelines will encourage the development of high quality mural as part of the culturally distinct downtown. Climate Action Application: None Is this a grant? Page 501 of 604 Grant Amount: Attachments: Type Description D Resolution Resolution approving Mural Guidelines D Attachment Mural Guidelines Page 502 of 604 1 2 RESOLUTION NO. R22- 3 4 5 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, APPROVING THE BOYNTON BEACH MURAL 7 GUIDELINES FOR ART IN PUBLIC PLACES; AND 8 PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, on February 15, 2022, the City Commission adopted an ordinance 11 amending the City's Code of Ordinances and Land Development Regulations relating to 12 mural criteria, review and incorporating the City of Boynton Beach's Mural guidelines; and 13 WHEREAS, the City Staff recommends that the City Commission approve the Mural 14 Section for the Boynton Beach's Guidelines for Art in Public Places ("Guidelines") as reflected 15 on pages 6 through 10 in Exhibit"A"titled Proposed Boynton Beach Mural Initiative;and 16 WHEREAS, the Guidelines are recommended by the City's Art Advisory Board; and 17 WHEREAS, the City Commission of the City of Boynton Beach has considered the 18 recommendations and has determined that it is in the best interest of the citizens and 19 residents of the City of Boynton Beach, Florida to approve the Guidelines, as reflected in 20 Exhibit "A." 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 22 OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adopted. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 26 approves the Mural Section for the Boynton Beach's Guidelines for Art in Public Places as 27 reflected on pages 6 through 10 in Exhibit "A" titled Proposed Boynton Beach Mural 28 Initiative." 100494239.1306-90018211 1 S:ACA\RESO\Mural Resolution 2-2-22(00494239xc4b6a).Docx Page 503 of 604 29 Section 4. That this Resolution shall become effective immediately. 30 PASSED AND ADOPTED this 15th day of February, 2022. 31 CITY OF BOYNTON BEACH, FLORIDA 32 YES NO 33 34 Mayor— Steven B. Grant 35 36 Vice Mayor—Woodrow L. Hay 37 38 Commissioner—Justin Katz 39 40 Commissioner— Christina L. Romelus 41 42 Commissioner—Ty Penserga 43 44 VOTE 45 46 ATTEST: 47 48 49 50 Crystal Gibson, MMC 51 City Clerk 52 53 54 (Corporate Seal) 55 56 100494239.1306-90018211 2 S:ACA\RESO\Mural Resolution 2-2-22(00494239xc4b6a).Docx Page 504 of 604 Proposed Mural Initiative. City of Boynton Beach, Florida Proposed Boynton Beach Mural Initiative Mural Initiative and FY22 Pilot Year Mural Guidelines for Art in Public Places Guidelines Municipal Code Recommended by the Art Advisory Board Prepared by the Public Art Division Draft Date: February 2, 2022 Date Sept 27, 2021 (Updated 2-2-22) Boynton Beach Public Art Program Proposed Mural Initiative 1 Page 505 of 604 Proposed Mural Initiative. City of Boynton Beach, Florida Introduction In 2005, the City of Boynton Beach created the Art in Public Places program and designated the Art Advisory Board (formerly Arts Commission) to make program recommendations and approve public artworks by private owners and the City. In 2010, the Public Art Division commissioned its first mural in Sara Sims Park by a team of artists and then the second mural in Intracoastal Park. Private owners have sponsored murals on a few buildings - most recently at Sunnyside Dispensary and Leeward Luxury in the Downtown Cultural District. In the last 20 years, several Florida cities have utilized a mural program to improve the aesthetics of older buildings in their downtowns and warehouse districts. Miami, Hollywood, Lake Worth and West Palm Beach are a few examples. Miami's Wynwood District became a national tourist attraction. On November 19, 2020, the Art Advisory Board began researching mural programs as a possibility for Boynton Beach. On the June 15, 2021 City Commission meeting, the Public Art Division presented the research and basic recommendation for an FY22 Pilot program. The City Commission requested the Art Advisory Board recommend a detailed program and an ordinance to implement it. Mural Guidelines and Land Development Regulations With the Mural Initiative, the City Commission will approve Mural Guidelines incorporated into the Art in Public Places Guidelines and modifications to the City Administrative Code (Code) and a new Land Development Regulations (LDR). The recommended guidelines and changes to the Code and LDR for murals are incorporated into this document. On January 4, 2022, the City Commission modified the LDRs for signs and removed the section on murals and clarified a mural as a work of art and not a sign. Date Sept 27, 2021 (Updated 2-2-22) Boynton Beach Public Art Program Proposed Mural Initiative 2 Page 506 of 604 Proposed Mural Initiative. City of Boynton Beach, Florida The Boynton Beach Mural Initiative The City of Boynton Beach establishes an initiative and administrative program to encourage the creation of outdoor murals through collaboration of the public, private and non-profit sectors. Murals enhance the visual appearance of buildings and sites. They reinforce the identity and pride of the whole city; its many micro-districts and neighborhoods; and its many diverse communities. The stories told through murals present the City's history and contemporary goals and ideas. Participation of residents, employees, business owners and students in the planning and/or execution of murals increases the positive relationships between citizens. After a few years, Boynton Beach will be known as a City with a beautiful and meaningful set of murals throughout the City that reflect its peoples, cultures and artists. Types of Collaboration The Mural Initiative will prioritize collaboration in the planning, making and funding of the murals. The types of collaborations include: • Private property owners with a goal to enhance their buildings and contribute to the quality of the area. Community Redevelopment Area Downtown Cultural District Micro-districts such as Brewery, MLK Blvd, Industrial Way, Bethesda Hospital • Neighborhood associations, and both informal and legal homeowner associations. • Common interest groups by ethnicity, national origin, history, religion, sports, hobbies, business type, etc. • School-aged children through schools, scouts, sports, clubs and recreation facilities. • Non-profit service organizations including sororities, fraternities, children's services, CDC, etc. • City departments and other government agencies. • Artists or artist associations. • Foundations, fiscal sponsors and other donors. Matching Mural Grants: Private Propertx To encourage murals in the City, the matching grants for excellent murals on privately-owned buildings and sites will be made available based on appropriated city funding. All these murals must be guaranteed by the building or site owner for a minimum of five years with maintenance and repair if necessary. As funds are available, the Art Advisory Board will review applications for mural grants. The grants can support a maximum of 50% of the mural costs or a maximum of $5,000. For commercial buildings located in the CRA district, owners may also apply for a grant through the CRA's "Commercial Property Improvement Grant Program". The CRA funds can be used to match the Public Art Funds. Mural Donations: Public Propertx To spark community engagement and responsibility for new murals, non-profit organizations, neighborhoods and community groups can propose new murals. Private donations and volunteer participation will be encouraged to enhance the scale and quality of the murals. These donations will be deposited in the Public Art Fund and used for the appropriate mural. Date Sept 27, 2021 (Updated 2-2-22) Boynton Beach Public Art Program Proposed Mural Initiative 3 Page 507 of 604 Proposed Mural Initiative. City of Boynton Beach, Florida Securing the Wall or Surface As a program of the Public Art Division and the Art in Public Places program, the surface for the murals will be secured by: • Lease the Building Wall: 5 Year Commitment • MOU with Government Agencies: FDOT, School District • MOU with City Departments: Recreation, Public Works Evaluation Criteria for Murals, Sites and Collaboration The following criteria will be used to evaluate new murals for participation in the mural initiative. • Strong theme related or appropriate to the location in Boynton Beach • Interactive or selfie quality • Experienced and talented mural artist painter or manager • Pedestrian area with a clear view from street, railroad or intercoastal • Existing sealed wall • Cost per square foot • Quality of materials to remain in excellent condition for at least five years • Lighting • For community participation in mural painting o preference for 4 to 8-foot tall murals without the need for a lift or scaffold o safe work area and does not require street lane closure. • Satisfies the Mural Guidelines of the Art in Public Places Guidelines Identifying Projects The opportunity to participate in the mural initiative will be promoted through the press, social media and direct inquiry by email or other means. • Promotion to artists, property owners and non-profits • Inquiries to City Departments: Recreation, Community Standards, Planning, Public Safety Possible Projects • Forest Hills Park Soundwall Mural: Work with neighbors and park users. • Water Quality Lab: A new mural facing Congress Ave created in collaboration with Water Utility staff and Congress Middle School students working with an artist. • Downtown Cultural District murals with private property owners • Oceanfront Park FPL Solar Shade Structure Bases: All the bases along the park. Call for painting ideas. No fee for the proposal. Examples o Feet and calves/Shoes and pant legs. Looking into the pool. Dogs, cats, chickens, etc. at full size. Pirate treasure. Turtle eggs. A million ants. One sea turtle. The back of Atlas. • Barrier Free Park FPL Solar Shade Structure Bases. Colorful abstract art. • Handball Court Walls at Hester Park. • Basketball Court Murals • MLK Blvd: Plan murals with the community on private property. • Brewery micro-district murals • Caribbean imagery murals • Tile mural with an installation company • Welcome to (insert neighborhood name) Postcard Murals. 8 feet tall by 12 feet long. Date Sept 27, 2021 (Updated 2-2-22) Boynton Beach Public Art Program Proposed Mural Initiative 4 Page 508 of 604 Proposed Mural Initiative. City of Boynton Beach, Florida Future Projects • Unity Wall Murals for 100th Anniversary of Boynton Segregation - 2024 (Proposed by Victor Norfus) Perhaps Dennison Pool Foundation Wall • Wells Landing Murals. Construction will be complete in 2023 Pilot Year of Mural Program Beginning in FY22, the Public Art Program initiates a pilot mural program to enhance the City, strengthen communities, and add to the success of micro-districts. New murals will be collaborations with private property owners and/or communities. The pilot year is funded with $20,000 from the Public Art Fund. Date Sept 27, 2021 (Updated 2-2-22) Boynton Beach Public Art Program Proposed Mural Initiative 5 Page 509 of 604 Proposed Mural Guidelines Incorporated in Art in Public Places Guidelines Mural Guidelines in Art in Public Places Guidelines Mural Guidelines are a special section of the Art in Public Place (AiPP) guidelines with unique requirements related to murals as permitted in the Land Development Regulations of the City of Boynton Beach. Many parts of the Art in Public Places general guidelines such as artistic and community standards are the same for murals as other public artworks. The Mural Guidelines encourage voluntary murals on privately- owned buildings and sites. Some murals are called voluntary as the murals are not created in compliance with the Art in Public Places program. Art in Public Places murals are permanent whereas voluntary murals can be modified or removed at any time. The Mural Guidelines do not apply to single-family or duplex houses in the City of Boynton Beach. Homeowners can install murals without this review and approval process. The City does encourage homeowners to utilize the guidelines when planning, creating and maintaining a mural. Other laws may restrict the content of painting such as signage for a home business or hate speech. Homeowners associations may have restrictions. The Mural Guidelines do not apply to murals on the interior of buildings except for murals on the interior surfaces of exterior windows that are intended to be seen from the exterior. What is a mural? As per Chapter 1 , Article II, Definitions of the LDR, a mural is "a work of art that is hand- painted, hand-tiled or digitally printed image or digital display system on the exterior surfaces of a building or site". "Such a mural is not a sign and shall not contain any advertising or other commercial message with the brand name, product name, abbreviations thereof, company or business name or logo, hashtag, trademark or brand imagery." The Art Advisory Board will determine if an image, painting pattern or other elements on the exterior of a building or site is a work of art. If the Art Advisory Board determines that the image, painting pattern or other element is not a work of art, then other LDRs may be applied such as sign or building design guidelines by the other City departments. Criteria for Approval As per Chapter 4 Article XIV, "Murals", of the LDR, all exterior murals, except on single-family or duplex houses, will be reviewed and approved by Art Advisory Board before installation. Below are the criteria. Criteria for Artistic Qualitx The criteria for a mural design shall meet the criteria for artists and artwork as established in the AiPP guidelines "Artwork Qualities" Date Sept 27, 2021 (Updated 2-2-22) Boynton Beach Public Art Program Proposed Mural Initiative 6 Page 510 of 604 Proposed Mural Guidelines Incorporated in Art in Public Places Guidelines Criteria for a Mural Location A mural can occur on any surface on a building exterior or site including walls, columns, windows, roofs, fences, retaining walls, driveways, sidewalks, utility boxes and plazas as long as the location and material do not conflict with other City codes. Criteria for Mural Materials For the intended life of the mural, the materials shall resist the weathering caused by the sun, wind, rain and other environmental factors and resist damage by cleaning products and methods. The underlying surface shall be prepared such that the mural adheres to the surface for the intended life of the mural. Life of a Mural As part of the evaluation of the materials, the applicant should declare the life span of the mural during which the mural will be maintained in excellent condition. The following are sample life spans based on south Florida coastal environment. • North Facing or Shaded Painted Wall: 20 Years` • East, South and West Painted Wall or Roof: 10 Years` • Painted or Stained Street or Drive: 2 Years • Painted or Stained Pedestrian Sidewalks or Plaza: 3 Years • Concrete Skim Coats and Etching: Permanent • Glazed Colored Ceramic, Glass or Stone Mosaic: Permanent • Printed Mural on Ceramic Tiles and Fired: 20 Years • Printed Mural on Adhesive Vinyl, Aluminum Composite Material or similar: 7 Years` • Digital Displays: Depending on Manufacturer's Warranty • Digital Projections: Depending on Manufacturer's Warranty At the end of the declared lifespan, the property owner and the public art staff will consider the removal, renewal or replacement of the mural. The mural may be in good condition at the end of its lifespan and therefore will remain in place. Nothing about the declared lifespan prohibits the owner from removing or repainting the mural before the end of the lifespan. Note *: These life spans require high-quality exterior paints or ink with additional LIV protection. Less quality paints can be used for murals with a shorter life span. Additionally, the life span is significantly influenced by the condition of the underlying wall or surface. Evaluation and Approval Any person or business with the signed permission of a property owner may apply to install a mural in the city. By signing the application, the property owner agrees to the application and will abide by the Mural Guidelines Application The applicant will complete the Mural Application with attachments and submit it to the Public Art Manager. The components of the application are as follows: 1 . Name and contact of the person applying for the mural 2. Name and contact of the property owner Date Sept 27, 2021 (Updated 2-2-22) Boynton Beach Public Art Program Proposed Mural Initiative 7 Page 511 of 604 Proposed Mural Guidelines Incorporated in Art in Public Places Guidelines 3. Name, contact, resume and website of the proposed artist 4. Address of the property S. Name of the business(es) using the property 6. Lifespan of the mural. 7. Mural Type: Painted, tile, mosaic, concrete, vinyl, digital panel, digital projection 8. Mural Location: Walls, columns, windows, roofs, fences, retaining walls, driveways, sidewalks, plazas, etc. 9. Mural Materials: For example: paint manufacturer and product, surface sealer manufacturer, UV protection, anti-graffiti coating, vinyl wrap specifications, etc. I O.Underlying Surface: For example: Stucco on concrete, wood fence, asphalt drive. 1 1 .Attachments a. Image of the overall building and site and image(s) of the proposed location of the mural(s). b. Illustration of proposed image(s). c. If using digital displays and projections, sample images and a policy statement on owner's criteria for future images. Process for Approval of Design and Installation The applicant will submit the application for technical review and recommendation from the Public Art staff. The Public Art staff may request a review by other agencies for traffic safety, public safety, planning and zoning and building departments. The planning and zoning division will review for any conflict with an existing development order. Once the application is complete, the application with the artist's resume and illustrations will be placed on the Art Advisory Board agenda with a staff report by the Public Art Manager. The Board will review the mural for compliance with the established criteria. If not approved, the applicant can modify the design and submit it for review at a future Art Advisory Board meeting. Once the mural is complete, the Public Art staff will photograph the installation and review the installation quality. The photographs, installation report and the original approved design will be placed on the agenda of the Art Advisory Board. If the mural was changed during the installation, the Art Advisory Board can accept the modification or require the mural to be returned to the approved design. Once approved, the applicant will provide material and paint samples for future comparison after weathering. If digitally printed, the applicant will provide the original electronic file for comparison and possible re-printing. Inspections From time to time, the City will inspect the murals for good condition and damage. If the Public Art Manager believes the mural does not match the approved design due to alternation, damage or deterioration, the owner will be notified. In most cases, the owner will have three months to repair the mural. If the mural was altered due to building modification or for artist reasons, the owner can apply to the Art Advisory Board to approve the mural as modified. If the mural was damaged in a way that violates general community standards such as obscenity, the offensive words should be removed as soon as possible. Date Sept 27, 2021 (Updated 2-2-22) Boynton Beach Public Art Program Proposed Mural Initiative 8 Page 512 of 604 Proposed Mural Guidelines Incorporated in Art in Public Places Guidelines If the mural is not repaired or removed after a failed inspection or a failed request to the Art Advisory Board, then the Community Standard Department will start the procedures for a code violation. Removal Several unique circumstances exist related to the removal of a mural. All these circumstances should be mindful of the Visual Art Rights Act (VARA) and other laws related to the destruction of works of art. • If the mural was installed voluntarily by a private property owner on their property without financial support from the City of Boynton Beach, then the mural can be removed at any time. • If the mural was created to comply with the Art in Public Places code for new or remodeled building construction, then the removal will follow the Art in Public Places guidelines regarding required artworks. • If City fiscal support was provided to a mural on private property, then the agreements written in grants or lease will determine the terms for the removal of the mural. • If the mural is owned by the City on City property then the standard Art in Public Places guidelines for deaccession and removal of a work of art would be applied. Existing Murals in Boynton All existing murals in Boynton Beach will have the same inspection and requirements for maintenance in good condition as the new murals. If the mural was formally approved by the Art Advisory Board, then the mural will be compared to the approved design. Temporary Mural Surfaces The Art Advisory Board may designate walls and other publicly visible surfaces as "Temporary Mural Surfaces". The goal of the temporary murals is to provide places of experimentation for artists in locations where the City wishes to enhance the artistic brand of the area. These surfaces can be modified with murals without the pre-approval of the artist or mural design. At any time, the Art Advisory Board may review new and existing temporary murals and require the owner to remove or modify if the temporary murals do not conform to the mural ordinance or Art in Public Places guidelines. The owner of buildings, walls or other surfaces must submit a request for designation of "Temporary Mural Surfaces". The request will include illustrations of the specific surfaces and methods by which artists will be selected. The Art Advisory Board will review and approve or deny the request for designation. All Temporary Mural Surfaces require the approval of the owner and the Art Advisory Board. Painting or other artistic additions to undesignated outdoor surfaces shall be removed unless the owner requests and receives approval from the Art Advisory Board. Date Sept 27, 2021 (Updated 2-2-22) Boynton Beach Public Art Program Proposed Mural Initiative 9 Page 513 of 604 Proposed Mural Guidelines Incorporated in Art in Public Places Guidelines Although designated temporary, the murals can remain in place as long as the mural is in good condition. Boynton Beach Art District For many years, the City has permitted the "Boynton Beach Art District" to curate many temporary murals on the buildings at 402 and 422 West Industrial Ave, Boynton Beach, Florida 33426. The walls, doors and fences of the warehouses on both properties are designated as Temporary Wall Surfaces until such time that the properties no longer operate an arts district with studio spaces and events. Date Sept 27, 2021 (Updated 2-2-22) Boynton Beach Public Art Program Proposed Mural Initiative 10 Page 514 of 604 Proposed Mural Guideline Application Form Boynton Beach Mural Proposal Form BuildingName:------------------------------------------------------- Property Address:----------------------------------------------- Applicant Name:----------------------------------------------------- Applicant ----------------------------------------------------Applicant Email------------------- Phone:-------------------- Submission -------------------Submission Date:------------------- Proposed Installation Date: ---------------------------- Property Owner's Name:----------------------------------------------------- Owner's ----------------------------------------------------Owneis Contact Person-------------------------- Email --------------------------Business(es) on the Property:---------------------------------------------------------- Artist Name: ------------------------------------- Artist Website: ------------------------------------- Artist Email: Artist Phone ------------------------------ ----------------------------------- Mural Location: ----------------------------------------------------- (Example: Southern wall facing Ocean Ave) Mural Type:------------------------------- (Example: Painted) Mural Material: ----------------------------------------------------- (Example: Sherwin Williams Exterior Ultra) Underlying Surface:----------------------------------------------------- (Example: Painted stucco on concrete block) Mural Lifespan: ------------------------------------- By signing, the property owner agrees to the application and will abide by the Mural Guidelines --------------------------------------------------- -------------------------- Signature of Property Owner Date of Signature Date Sept 27, 2021 (Updated 2-2-22) Boynton Beach Public Art Program Proposed Mural Initiative 11 Page 515 of 604 New Mural Code Placeholder Page NEW MURAL SECTION IN LDR Attached when Adopted Date Sept 27, 2021 (Updated 2-2-22) Boynton Beach Public Art Program Proposed Mural Initiative 12 Page 516 of 604 10.B. Unfinished Business 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Continue discussion about creation of a Citizen's Engagement Committee for the Police Department. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 517 of 604 11.A. New Business 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Proposed Resolution No. R22-032 -Adopt the 2021 Affordable Housing Advisory Committee Housing I ncentives Report. Explanation of Request: Florida State Statute 420.9076 requires that each jurisdiction in Florida receiving State Housing Initiatives Partnership (SHIP)funds shall appoint an eight to eleven-member Affordable Housing Advisory Committee (AHAC). Each member represents a role in the affordable housing industry, as a citizen of the jurisdiction, and a locally elected official. The AHAC is mandated to review Comprehensive Plan Elements, City Ordinances, Land Development Regulations, and City Policies and Procedures to identify regulatory barriers to affordable housing; and to recommend incentives to create more affordable housing. The statute requires the AHAC to meet annually, to produce and submit a report of recommendations to the City Commission and to the Florida Housing Finance Corporation. If approved by the City Commission, the recommendations are used to amend the Local Housing Assistance Plan, the local Comprehensive Plan, land development regulations, and other policies affecting affordable housing. The City Commission must review and discuss the AHAC's recommendations and vote to adopt those recommendations they plan to implement by March 31, 2022. Concurrently, the Local Housing Assistance Plan (LHAP), the document that governs the use of SHIP funds, may be amended to add any new affordable housing incentive strategies. The highlight of proposed changes and staff advisement is attached in the supporting documentation. Notable Changes or Points of Discussion: • Committee recommends the City should implement a sliding scale permit fee reduction on affordable housing projects o (Staff Comment) - General Fund revenues would be required to budget and subsidize reduction in fees. • Committee recommends the City explore the use and availability of Accessory Dwelling Units for affordable housing citywide. o (Staff Comment) - City Staff is currently working on an ordinance for this. • Committee recommends being part of the review process on any City proposed ordinance related to affordable housing. o (Staff Comment) - Staff is in agreement with this proposal • Committee recommends having a list of all available land within the City for affordable housing available on the City website. o (Staff Comment) - the City will continue to prepare the electronic inventory list for affordable housing every three years. • Committee recommends the City have a requirement for affordable housing units in the Downtown Transit Oriented Development District. o City Staff is currently in the planning and reviewing stage of its first Transit Oriented District at the City's Tri Rail Station. • Committee recommends mandatory inclusion of affordable housing on any development project consisting of 10 or more units. Page 518 of 604 How will this affect city programs or services? The 2021 AHAC Housing Incentives Report is a required component of the State's SHIP program, which will be a source of over $500,000 this grant year. Fiscal Impact: Failure to adopt the 2021 Housing I ncentives AHAC Report could affect the City's ability to receive SHIP funds. Alternatives: None recommended Strategic Plan: Building Wealth in the Community Strategic Plan Application: The SHIP program is one of two main sources of funds for local housing programs, which is the emphasis of current housing-related strategic plan projects. Climate Action Application: N/A Is this a grant? Yes Grant Amount: 518,869 Attachments: Type Description Resolution Resolution adopting AHAC Incentives Report Addendum 2021 Affordable Housing Advisory Committee Housing Incentives Report Page 519 of 604 I RESOLUTION NO. R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 ADOPTING THE 2021 AFFORDABLE HOUSING ADVISORY 5 COMMITTEE HOUSING INCENTIVES REPORT; AND PROVIDING 6 AN EFFECTIVE DATE. 7 8 WHEREAS, Florida State Statute 420.9076 requires that each jurisdiction in Florida 9 receiving State Housing Initiatives Partnership (SHIP) funds shall appoint an eight to eleven- 10 member Affordable Housing Advisory Committee (AHAQ and 11 WHEREAS, the statute requires the AHAC to meet annually, to produce and submit a 12 report of recommendations to the City Commission and to the Florida Housing Finance 13 Corporation; and 14 WHEREAS, the recommendations are used to amend the Local Housing Assistance 15 Plan,the local Comprehensive Plan, land development regulations, and other policies affecting 16 affordable housing; and 17 WHEREAS, The City Commission must review and discuss the AHAC's 18 recommendations and vote to adopt those recommendations they plan to implement by 19 March 31, 2022. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being 23 true and correct and incorporated herein by reference. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby adopts 25 the 2021 Affordable Housing Advisory Committee Housing Incentives Report, a copy of which 26 is attached hereto as Exhibit "A". 27 S:\CA\RESO\Appointments\Adopting AHAC Incentives Report-Reso.Docx Page 520 of 604 28 Section 3. That this Resolution shall become effective immediately upon passage. 29 PASSED AND ADOPTED this 15th day of February, 2022 30 CITY OF BOYNTON BEACH, FLORIDA 31 YES NO 32 33 Mayor— Steven B. Grant 34 35 Vice-Mayor—Woodrow L. Hay 36 37 Commissioner—Justin Katz 38 39 Commissioner— Christina L. Romelus 40 41 Commissioner—Ty Penserga 42 43 VOTE 44 ATTEST: 45 46 47 48 Crystal Gibson, MMC 49 City Clerk 50 51 52 (Corporate Seal) S:\CA\RESO\Appointments\Adopting AHAC Incentives Report-Reso.Docx Page 521 of 604 o. Page 522 of 604 BACKGROUND As a recipient of State Housing Initiative Partnership (SHIP) funds, the City of Boynton Beach (City) established an Affordable Housing Advisory Committee (AHAC) on August 3, 2021 as required by the Florida Statutes, Sec. 420.9076 (SHIP Statute). The AHAC is responsible for reviewing and evaluating local plans, policies, procedures, land development regulations, the Comprehensive Plan, and other aspects of the City's housing activities that impact the production of affordable housing. Further, the AHAC is specifically directed by the SHIP Statute to consider and evaluate the implementation of the incentives set out at Florida Statues, Sec. 420.9076 (4)(a)-(k). Based on the AHAC evaluation, it may recommend to local government that it make modifications of, exceptions to, or creation of new plans, policies, procedures, and other governing vehicles which would encourage production of affordable housing. As approved by the City Commission, the recommendations are used to amend the Local Housing Assistance Plan, the local Comprehensive Plan, land development regulations, and other policies affecting affordable housing. COMMITTEE COMPOSITION The City Commission appointed members to the Committee (see table 1). The SHIP Statute lists the categories from which committee members must be selected. Each AHAC must have a locally elected official from the county or municipality participating in the SHIP program. The locally elected official must be a City Commissioner. The elected official will count as a member of the AHAC for purposes of meeting the number of members requirements. There must be at least eight committee members, but not more than eleven, with representation from at least six of the following categories: (a) A citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) A citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) A citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) A citizen who is actively engaged as a for-profit provider of affordable housing. (f) A citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) A citizen who is actively engaged as a real estate professional in connection with affordable housing. (h)A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. (i) A citizen who resides within the jurisdiction of the local governing body making the appointments. Q) A citizen who represents employers within the jurisdiction. (k) A citizen who represents essential services personnel, as defined in the local housing assistance plan. 2 Page 523 of 604 Table 1 AHAC Members Name Category Represented Date Appointed 1 — Christina Romelus Commissioner District III 08/03/2021 (Elected Official) 2 —Woodrow Hay Vice Mayor (Alternate - Elected 08/03/2021 Official) 3 — London Nelson Citizen engaged as Real Estate 08/17/2021 Professional in connection with affordable housing 4 — Dr. Stephanie Hyaden- Citizen who represents essential 09/08/2021 Adeyemo services personnel, as defined in the local housing assistance plan 5 — Sari Vatske Citizen who is actively engaged 09/08/2021 as an advocate for low-income person in connection with affordable housing 6 — Kevin Fischer Citizen who actively serves on 09/08/2021 the local planning agency 7 — Keturah Joseph Citizen who is actively engaged 09/21/2021 as a not-for-profit provider of affordable housing 8 — Davey Morris Citizen who is actively engaged 10/08/2021 in residential home building 9 — Cheryl Banks Citizen who is actively engaged 10/19/2021 in residential home building in connection with affordable housing 10 — Ronnie Hogging Citizen who is actively engaged 10/19/2021 as a for-profit provider of affordable housing 11 — Kerry Clinton Citizen who represents those 11/17/2021 areas of labor actively engaged in home building in connection with affordable housing 12 — Michael Corbit Citizen who represents 11/17/2021 employers within the jurisdiction 3 Page 524 of 604 AFFORDABLE I RECOMMENDATIONS The AHAC has specifically reviewed, considered and evaluated the strategies set out at Florida Statues, Sec. 420.9076 (4)(a)-(k). Based on this review and evaluation, the AHAC has formulated recommendations to the City Commission that it incorporate into its housing strategy certain changes designed to encourage and facilitate the production of affordable housing. The AHAC, from its review, consideration, evaluation, and recommendations, drafts and submits this report to the City Commission, to the Florida Housing Finance Corporation, and the Florida Housing Coalition, as the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program, which details the scope of its work and the resulting recommendations. The AHAC has reviewed, considered, and evaluated the following the strategies provided in the SHIP Statute at Florida Statutes, Sec. 420.9076 (4): (a) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3. (b) All allowable fee waivers provided for the development or construction of affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d)The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons. (e) Affordable accessory residential units. (f) The reduction of parking and setback requirements for affordable housing. (g)The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. Q) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed-use developments. EXPEDITEDII A. Incentive Consideration Required: Yes 1. The processing of approvals of development orders or permits, as defined in S. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. B. Original Purpose of Incentive: 1. Statutorily required. 2. Reduces wait times and costs for developers. C. Current Process: 1. The Department of Development is responsible for processing and facilitating affordable housing projects (i.e. site plan review, permitting, inspections, etc.) and expedites such reviews involving workforce and affordable housing units pursuant to the City's Expedited Development Review Program. In part, the Program requires assignment of a single staff liaison to ensure quick communications with staff, sets a maximum review period of 7 business days, defines/requires a quick 4 Page 525 of 604 conflict/problem resolution process, and allows consideration of a flexible or tailored fee schedule program (City Code of Ordinances, Part 111, Chapter 2,Article 1, Section 4). This benefit also applies to individual building permits for SHIP or CDBG rehabilitation projects. D. AHAC Proposed Recommendations: 1. The Affordable Housing Advisory Committee recommends for the City to continue implementing the current incentive. E. AHAC Comments: 1. Department of Development staff involved with the permitting process should continue to educate developers about the new available electronic permitting system. 2. Department of Development staff should set trigger points or flags on new electronic permitting system to make them aware of deadlines on the process of permitting. 3. Department of Development staff should have a grading system to measure performance in the permitting process. F. City Staff Comments: 1. The Department of Development will include relevant department personnel to ensure that the expedited permitting review for affordable/workforce housing projects are accurately addressed. 2. The new electronic system has been calibrated to provide electronic notification to guide staff to proper implementation to the review process. WAIVERSFEE LHOUSING A. Incentive Consideration Required: Yes 1. The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. B. Original Purpose of Incentive: 1. To reduce development costs. C. Current Process: 1. The City's only fee exemption is for Art in Public Places for the percent of the project dedicated to affordable housing (City Code of Ordinances Part 11, Chapter 2, Article XII, Section 2-163). D. AHAC Proposed Recommendations: 1. The AHAC recommends to have a sliding scale permit fee reduction on affordable housing projects. E. City Staff Comments: 1. Department of Development staff advises that if there is any type of sliding scale fee reduction on permitting fees for affordable housing development projects, the City should budget revenue out of the general fund each year to subsidize the reduction on permit fees, in order to sustain the Building Department. 5 Page 526 of 604 2. The Department of Development is in the process of reviewing building permitting fees to potentially lower rates based on the construction value for affordable units. The review of the fees for a possible reduction based on home size, is contingent upon continued implementation of the City's Complete Streets and Mobility Fee programs. Program implementation requires coordination with, and cooperation from the County. FLEXIBLE DENII A. Incentive Consideration Required: Yes 1. The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. B. Original Purpose of Incentive: 1. To allow affordable housing development on smaller parcels. 2. Increasing the maximum units allowable may help make a development more financially feasible. C. Current Process: 1. The City allows for increased floor ratios and densities in selected residential districts to incentivize the provision of affordable dwelling units. 2. The City has a density bonus in place as part of the Workforce Housing Program. A developer may elect to obtain a density bonus and/or a height bonus through the construction of the workforce units on-site or off-site, monetary contribution, donation of land, or purchase of units to be designated as workforce (City Code of Ordinances, Part III, Chapter 1, Article V, Section 2.C). D. AHAC Proposed Recommendations: 1. The AHAC further recommends for this incentive to be continued for both affordable and workforce housing projects located city-wide. E. City Staff Comments: 1. The City has a density bonus in place as part of the Workforce Housing Program. RESERVATIONINFRASTRUCTURE CAPACITY A. Incentive Consideration Required: Yes 1. The reservation of infrastructure capacity for housing for very-low-income persons, low- income persons, and moderate-income persons. B. Original Purpose of Incentive: 1. To guarantee new developments will meet concurrency requirements by meeting designated levels of service for certain types of infrastructure. C. Current Process: 1. The City has not considered this incentive D. AHAC Proposed Recommendations: 1. No recommendation at this time, but the committee will continue to consider this strategy in its 2022 meetings. E. City Staff Comments: 6 Page 527 of 604 1. The City has not considered this incentive. AFFORDABLEI I L UNITS A. Incentive Consideration Required: Yes 1. The allowance of affordable accessory residential units in residential zoning districts. B. Original Purpose of Incentive: 1. To increase the supply of affordable/workforce rental units. 2. To decrease the cost of housing (i.e. the primary residence). C. Current Process: 1. The City doesn't have a process in place at this point. D. AHAC Proposed Recommendations: 1. No recommendation at this time, but the committee will continue to consider this strategy in its 2022 meetings. E. AHAC Comments: 1. The City should explore the use and availability of Accessory Dwelling Units (ADU) for affordable housing city-wide as long as the units are built according to code. F. City Staff Comments: 1. The City is working on an ordinance for ADUs to be set as affordable units. PARKINGI A. Incentive Consideration Required: Yes 1. The reduction of parking and setback requirements for affordable housing. B. Original Purpose of Incentive: 1. To lower development costs. 2. To ensure that more of the buildable land is available for affordable housing development. C. Current Process: 1. Affordable housing units require a minimum of two (2) spaces regardless of the number of bedrooms. All other homes are required to provide a minimum of two (2) spaces plus extra spaces depending on the total bedrooms provided. For construction of a new single-family or two-family structure, a minimum of two (2) spaces are required per unit, or one (1) space per bedroom, whichever is greatest. An exception may be made when the house is constructed for individuals meeting purchase or eligibility requirements that include maximum income thresholds, then a maximum of two (2) parking spaces shall be required per dwelling unit(City Code of Ordinances, Part III, Chapter 4, Article V, Section 2.13). D. AHAC Proposed Recommendations: 1. No recommendation at this time, but the committee will continue to consider this strategy in its 2022 meetings. 7 Page 528 of 604 E. City Staff Comments: 1. Staff has no comments. FLEXIBLE LOT CONFIGURATIONS A. Incentive Consideration Required: Yes 1. The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. B. Original Purpose of Incentive: 1. To allow affordable housing development on smaller parcels. C. Current Process: 1. The City has not considered this incentive D. AHAC Proposed Recommendations: 1. No recommendation at this time, but the committee will continue to consider this strategy in its 2022 meetings. E. AHAC Comments: 1. AHAC members are concerned about changing the character of the community by allowing zero lot line in established neighborhoods. F. City Staff Comments: 1. The City has not considered allowing zero lot line standards for affordable housing; however, the City has eliminated the minimum lot size standard for select neighborhoods within the Redevelopment Area. MODIFICATION I A. Incentive Consideration Required: Yes 1. The modification of street requirements for affordable housing. B. Original Purpose of Incentive: 1. To lower development costs. 2. To ensure that more of the buildable land is available for affordable housing development. C. Current Process: 1. The City has not considered this incentive. D. AHAC Proposed Recommendations: 1. No recommendation at this time, but the committee will continue to consider this strategy in its 2022 meetings. E. City Staff Comments: 1. The City has not considered this incentive. 8 Page 529 of 604 PROCESS OF ONGOING REVIEW A. Incentive Consideration Required: Yes 1. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. B. Original Purpose of Incentive: 1. Statutorily required. 2. To provide insight and recommendation to City Commissioners when a proposed City Ordinance could impact the cost of affordable/workforce housing. C. Current Process: 1. The Department of Development and the Community Improvement Division, will continue to review all policies, procedures, ordinances, regulations and plan provisions to determine what effects if any they may have on the cost of producing affordable units prior to their passage. Proposed ordinances will be reviewed in sufficient time needed to evaluate and comment on any potential impact on the provision of affordable housing. D. AHAC Proposed Recommendations: 1. The AHAC recommends being part of the review process on any City proposed ordinance related to affordable housing. E. City Staff Comments: 1. City staff agrees with the proposed recommendation. PUBLIC LAND INVENTORY A. Incentive Consideration Required: Yes 1. The preparation of a printed or electronic inventory of locally owned public lands suitable for affordable housing. B. Original Purpose of Incentive: 1. The inventory of locally owned public lands appropriate for use as affordable housing is required to be prepared every three years. 2. Reduce the cost of the development of affordable housing. 3. Increase the availability of land for the development of affordable housing. C. Current Process: 1. The Department of Development maintains maps on the City's Web Page that includes an inventory of vacant land including, properties owned by the City and Palm Beach County within the target area. D. AHAC Proposed Recommendations: The AHAC recommends having a list of all available land and a list of vacant land suitable for affordable housing in the City, as a link on the City's website for easy access for developers. E. City Staff Comments: 1. The City will continue to comply with the requirements of Florida Statute 166.0451 which requires that every three years a municipality must prepare an electronic 9 Page 530 of 604 inventory list of all real property owned and designated as "appropriate for use as affordable housing." 2. City staff agrees with the proposed recommendation. DEVELOPMENTSUPPORT OF I A. Incentive Consideration Required: Yes 1. The support of development near transportation hubs and major employment centers and mixed-use developments. B. Original Purpose of Incentive: 1. To reduce transportation costs for low- and moderate-income residents. 2. The income generated from the retail space can help subsidize the cost of the housing units. 3. To reduce transportation for residents while at the same time reducing dependence on fossil fuels. C. Current Process: 1. As part of the Workforce Housing Program developers may be entitled to request higher density land use and zoning category if providing workforce housing units for projects located within the Downtown Transit Oriented Development District (City Code of Ordinances, Part 111, Chapter 1, Article V, Section 2.C). D. AHAC Proposed Recommendations: 1. The AHAC recommends for the City to have a requirement for affordable housing units in the Downtown Transit Oriented Development District. E. City Staff Comments: 1. The City has established its first Transit Oriented Development District (TOD)with corresponding density and height incentives for workforce and affordable housing, and is currently coordinating with the Regional Planning Council in reviewing the possibility of a TOD at the City's Tri Rail Station. TOPICSOTHER I I A. Inclusionary Housing B. Generational Housing 1. The AHAC recommends the implementation of mandatory inclusionary housing to include workforce affordable housing units on any housing development project consisting of 10 or more units. 10 Page 531 of 604 Affordable Housing Advisory Committee Report to City Commission SHIP Affordable Housing Incentive Strategies SUBMITTED TO: Robert Dearduff, Director of Special Programs Florida Housing Finance Corporation DATE SUBMITTED: 1/21/2022 PREPARED BY: RJ Ramirez, Community Improvement Manager 11 Page 532 of 604 12.A. Legal 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Proposed Ordinance No. 22-009- First Reading -Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 2, Article 11, Section 2. Standard Applications to revise review criteria for future land use map amendments and rezonings. Explanation of Request: All applications for future land use map amendments and rezonings are reviewed against specific review criteria in the Land Development Regulations. The review criteria in their current form are often construed as redundant and unclear. The proposed changes accomplish the following: 1. Update the threshold for small scale and large scale land use map amendments to be consistent with recent amendments to the Florida Statutes; 2. Combine the existing Future Land Use Map Amendments and Rezoning criteria into one set of criteria as these applications are generally processed concurrently; 3. Update multiple review criteria to correspond with updated city goals regarding economic development and mobility, including allowing for the consideration of market trends, access to mobility options, and furthering the vision and goals of the CRA plan; 4. Update criteria titles to better reflect the intent of the criteria, introducing "location efficiency" to describe land use integration and mobility access, and "heavy commercial" terminology to distinguish it from general commercial; 5. Clarify the review criteria sections to be more relevant in the assessment of the aforementioned applications; and 6. Clarify required documentation for master plan applications. The proposed changes will allow staff to more effectively assess proposed future land use map amendments and rezonings, and ensure that they are in line with the city's currently established goals and direction. The Planning & Development Board recommended approval of this item at their January 25, 2022 meeting. 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 Application: N/A Page 533 of 604 Is this a grant? Grant Amount: Attachments: Type Description D Ordinance Ordinance approving review criteria amendments D Staff Report Staff Report D Exhibit Exhibit A® Proposed Amendments D Exhibit Exhibit B ® Staff Presentation Page 534 of 604 I ORDINANCE NO. 22- 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 2, 6 ARTICLE II, SECTION 2. STANDARD APPLICATIONS TO REVISE 7 REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS 8 AND REZONING, PROVIDING FOR CONFLICT, SEVERABILITY, 9 CODIFICATION AND AN EFFECTIVE DATE. 10 11 12 WHEREAS, all applications for future land use map amendments and rezoning are 13 reviewed against specific review criteria in the Land Development Regulations; and 14 WHEREAS, the review criteria in their current form are often construed as redundant and 15 unclear; and 16 WHEREAS, the revisions contained herein are made to clarify the review criteria; and 17 WHEREAS, the City Commission of the City of Boynton Beach has considered the 18 recommendations and has determined that it is in the best interest of the citizens and residents 19 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 20 Regulations as contained herein. 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 24 confirmed by the City Commission. 25 Section 2. City of Boynton Beach Land Development Regulations, Chapter 2, "Land 26 Development Process", Article II, Section 2, "Standard Applications" is hereby amended as follows: 27 See Exhibit"A" attached hereto and incorporated herein. 28 29 Section 3. Each and every other provision of the Land Development Regulations not I S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2)FLUM And Rezone Criteria -Ordinance.Docx Page 535 of 604 30 herein specifically amended, shall remain in full force and effect as originally adopted. 31 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 32 with any provisions of this ordinance are hereby repealed. 33 Section S. Should any section or provision of this Ordinance or any portion thereof be 34 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 35 remainder of this Ordinance. 36 Section 6. Authority is hereby given to codify this Ordinance. 37 Section 7. This Ordinance shall become effective immediately. 38 FIRST READING this 15th day of February, 2022. 39 SECOND, FINAL READING AND PASSAGE this day of March, 2022. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 Mayor— Steven B. Grant 44 45 Vice Mayor—Woodrow L. Hay 46 47 Commissioner—Justin Katz 48 49 Commissioner— Christina L. Romelus 50 51 Commissioner—Ty Penserga 52 53 VOTE 54 ATTEST: 55 56 57 58 Crystal Gibson, MMC 59 City Clerk 60 61 (Corporate Seal) 2 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2)FLUM And Rezone Criteria -Ordinance.Docx Page 536 of 604 EXHIBIT "A" PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 2: LAND DEVELOPMENT PROCESS ARTICLE II. PLANNING AND ZONING DIVISION SERVICES ... Sec. 2. Standard Applications. B. Comprehensive Plan Amendments. 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 of950 fifty(4. ) acres or fewer shall be considered small scale,and all others shall be considered large scale,based on F.S.Chapter 163. (3) 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 2.1).below for the process by which lands are rezoned to a different zoning district. b. Submittal Requirements. See Section 1.1). above for the submittal requirements of this application. c. Review Criteria. All privately initiated FLUM amendments shall be reviewed concurrently with the accompanying zoning request. Except for city-initiated FLUM amendments, which shall at a minimum meet criterion (2) for "Consistency," approval of a FLUM amendment/zoning request shall be based on one (1) ^r e ^f the followin applicable factors listed under Section 2.D.3.below.-. �zTBc i�mi�int Af Need At demens4ation Af Reed may be based UPOrR ehaRgiRg thp Page 537 of 604 Consistent with the PUFPose and intent of, and PFOR49te, the applicable COMPFe-hea-ASive 1-21-an. the an rter PAR ; r.Ler to nn r,tain r el, r rter,rr, be GORtFaFy to the established land Use PaUeFF1, OF Would Meate an isolated Zoning diStFiGt OF an isolated land use classification unFelated to adjacent and neaFby classifications, or- with the pFoteehon of the Public welfaFe. This faetop is net intended to e)ECIUEle FLU�j for the P A r,;ty (4) S stal Whethe � v-e -11-144- aire-nacrrrre� e$ , l. SUPPOA the integFation of a Mix of land uses consistent with the sMaFt gFowth O-F sustainability initiatives, with an emphasis 914 1) C-OMPlementar-Y And uses; 2) access to. a.1-teFRa.tive nnade-q Of and within the PFqfec-t� between -,djaGeRt,-,rn,,nr� (9) Availability of D„hl;r SeFViGeS/lRfFaStFUGtUFe. All FeqUeStj for• FLUM Shall-be fe-F long teFm capacity availability at the pnaxipnum444� , romp aAh44- . (a) 4VhetheF the - L LAMPRd-Mypt -A-prc`Lr-re$oB;r,g . ,,l.a be compatible the P ertr,values of-,djac-ent and r, aFby r,ror,ert;er (b) 4VhetheF the - L L -AMP-Rd-MP-Bt -A-p Li--re$vimrg is of a sea.le-6y-Wp-- iu o ,bly Fe late d to the r, n.ar of the F . hbo-rl,00.a -,r,.a the e4y-, a . hVe PFOPOSe.L use in Zoning Elirtr•irtr Where r rh , is already-,11o..,e.L d. Approval Process. An application for FLUM amendment shall be processed in accordance with F.S. Chapter 163. e. Denial. No application for the same FLUM amendment shall be submitted within one (1) year from the date of denial by the City Commission. D. Rezoning, Including Master Plan. 1. General. a. Purpose and Intent. The purpose of this subsection is to provide a means for making necessary adjustments in response to or based upon changed conditions by changing the zoning district boundaries or designations through site-specific amendments to the official Page 538 of 604 zoning map. It is not intended to relieve particular hardships or to confer special privileges or rights to any person. 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 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. In projects consisting of only one phase,the site plan may act as the required master plan. City-initiated rezoning can proceed in advance of the master plan/site plan submittal. The master plan shall be reviewed in accordance with Section 2.D.6. below. See Section 2.17. below for additional regulations pertaining to the site plan application. 2. Submittal Requirements. See Section 1.D.above for the submittal requirements of this application. 3. Review Criteria. Except for city-initiated rezonings, which shall at a minimum meet criterion (fib) for "Consistency" approval of an amendment to the official zoning map processed with or without the FLUM amendment shall be reviewed based on one (1) OF.,,^r^ of-the following applicable factors: a. Demonstration of Need. Whether the proposed amendments to the FLU and Zoning maps are supported by the implementation of the City's vision for, or changes in the conditions or character of development in, the area under consideration. Ongoing or anticipated market trends may also be considered in a Justification Statement provided as part of the application..A.demo nsty t;^B04-Beed f^r the r ^a Z g liStFiGt^ra the laRE b. Consistency.Whether the proposed FLUM amen dent^ra Fezon r amendments to the FLU and Zoning maps would be consistent with, and promote,the purpose and intent Of, ^ra rr^m^t^, the applicable Comprehensive Plan policies, Redevelopment Plans, aid Land neyeloan^rt Ta^T '^t�^rcor any other current City-approved planning documents. -Hts imposed AG In th e -SteF plan in A_VI-A ev tA_ i i B SI-1 C_-_h C-Onsisteney.. e. Land Use P tteyi n I.Vh ,theF the pFoposed, g/F TTM -, -pli ,.,,,t.44.,,,l.a c. Compatibility. The application shall consider whether the proposed Future Land Use and Zoning,or potential uses allowed in a proposed Zoning district,would be compatible Page 539 of 604 with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. d. Orderly Growth. Whether the proposed amendments to the FLU and Zoning maps would encourage piecemeal development or create undevelopable parcels. 4e. ``ustairal^ilityLocation Efficiency. Whether the proposed amendments to the FLU and Zoning maps r g�r,1 11A4 444R+e»+would support the integF ti^r ^f a pn ^f land complementary land uses. the integration of a mix of land uses consistent with smart growth or sustainability initiatives:24_access to a wide range of mobilityoptions;;4 e m � Of tFaHSPE);-tetiE)H; and=or. interconnectivity within the project and between adjacent properties. -ef. Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. (z) tl4e pr9p9-,;e 4:PP-; g a144 'liI T 4- if a to (2) 144het#evth edve-zo-ping and LUM amendment, f Submitted nTei� mei� n�� the city a,; ;4 whAlp Pi�v�e irirreHc`lirrreHt, f; ll j, ..,L, ,tl, 'lie P -,l 444A111d. (z) F-ulpt-be -Tfren4entatiA—P Avrthi{ a Development (ED-) D-rvg„cmr (7) CAntr;b,,,te to the eB-h-„B.-.,r, ent an I-A Ax Psi-fl e t;.,,P .,f the e ty's tax Lase (4) CFeate new employment oppor-tu-nitie-s -fA-V- the FeSideRtS,With Pay at OF ah-A-4.4-9 t-he C-Ounty a a 14^ rly (9) RepFesent innavRtiv� et#ad testi Qg es, especially these pFamating (6) lieiEemplementa�y to existing Uses,thus fasteRilit,s3..e.tl.Y effests; a144 (7) -4r14(94.iate blight/ecen^vxpnie-^va�e'rc^�se iEe�^frthe subjectZaFea. hg. Economic Development Impact r,^t^rmirati^r f^r r^r.,^rt;^n l 291444 �pistf: t� Whether the proposed rezoning/FLUM amendments inve ving Fezan ng to conventional zoning ElistFiet,thtveviewSh 'ate' deff ;vnethe;- the pFoposarwould not Page 540 of 604 _(4a) Represent a potential decrease in the possible intensity of development the uses PeFR44teel 44 the PFOPOSed- 1-and- use eategq�y al4d/OF Zoning distFietj 'A (fib) Represent a potential decrease in the r„r,>1^4: of uses with high probable economic development benefits. And whether the proposed rezoning/FLUM amendments would: (c) Create new employment opportunities; (d) Contribute to the enhancement and diversification of the city's tax base; (e) Respond to the current or anticipated market demand or community needs; or (0 Alleviate economic obsolescence of the subject area. ih. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/F1 TT>\a amendment amendments to the FLU and Zoning maps would reduce the amount of land available for heavy commercial/industrial development. If such determination is made,the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides ;111gg 4P4;4 evidence of satisfying at least fwar—two (42) of the Direct Economic Development Benefits listed in subparagraph "g" above_;a } employmelpt 7 , b'` 1c- AUr4pr- 121;4p ;4Ad !.�Up 121;444 Camplianee with I and Development Regulations When , �7 F ti GI P_ 1T�ttri9 _13 c 19 E I e V e10PMe_Bt_13 `1_„rlS 0f Chart^eF-4-.. 4. Approval Process. An application for rezoning approval requires review by the City Commission and shall be processed in accordance with Chapter 2,Article I, Section 3. S. Denial. Within one (1) year from the date of denial by the City Commission or withdrawal of the application by the applicant,no application for same or similar zoning may be submitted, with the exception of applications which are initiated by the city. 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, the applicant is required to complete the rezoning application (see Section 1.D. above), and provide all documentation required by the respective application checklist. c. Review Criteria. The approval of a master plan shall be reviewed based on the following factors: Page 541 of 604 (1) Zoning and Standards Compliance. 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. tiA__P,the site plan be consistent With r plan. See Section 2.F.-2b�oc1-A-Ayzfoo� thp "eA.4ip4AX r1:4-P-4-a of a site Plan. {Diagrams. The master plan shall include diagrams which illustrate the location of uses and density on the site, including bubble diagrams, height, massing, and density of the proposed development. d. Approval Process. A privately-initiated request to rezone and its accompanying master planrequire review by the City Commission and shall be processed in accordance with Chapter 2,Article I, Section 3. e. Expiration. A master plan shall remain valid unless the corresponding site plan expires, or if the site plan is not adopted within eighteen (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 a new or modified master plan, and a site plan application as provided in Section 2.D.1.e. above, shall be required in order to commence development, redevelopment, or other site improvements. Page 542 of 604 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-005 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Andrew Meyer, Senior Planner DATE: January 19, 2022 REQUEST: Approve modifications to Chapter 2, Article II, Section 2 Standard Applications to revise review criteria for future land use map and zoning amendments. (CDRV 22-003) BACKGROUND and PROPOSED AMENDMENTS All applications for future land use map amendments and rezonings are reviewed against specific review criteria in the land development regulations. The review criteria in their current form are often construed as redundant and unclear. The proposed changes accomplish the following: 1) Update the threshold for small scale and large scale land use map amendments to be consistent with recent amendments to the Florida Statutes; 2) Combine the existing Future Land Use Map Amendments and Rezoning criteria into one set of criteria as these applications are generally processed concurrently; 3) Update multiple review criteria to correspond with updated city goals regarding economic development and mobility, including allowing for the consideration of market trends, access to mobility options, and furthering the vision and goals of the CRA plan; 4) Update criteria titles to better reflect the intent of the criteria, introducing "location efficiency" to describe land use integration and mobility access, and "heavy commercial" terminology to distinguish it from general commercial; 5) Clarify the review criteria sections to be more relevant in the assessment of the aforementioned applications; and 6) Clarify required documentation for master plan applications. The proposed changes will allow staff to more effectively assess proposed future land use map amendments and rezonings, and ensure that they are in line with the city's currently established goals and direction. Page 543 of 604 PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 2: LAND DEVELOPMENT PROCESS ARTICLE II. PLANNING AND ZONING DIVISION SERVICES Sec. 2. Standard Applications. B. Comprehensive Plan Amendments. 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 of950 fifty(4. ) acres or fewer shall be considered small scale,and all others shall be considered large scale,based on F.S.Chapter 163. (3) 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 2.1).below for the process by which lands are rezoned to a different zoning district. b. Submittal Requirements. See Section 1.1). above for the submittal requirements of this application. c. Review Criteria. All privately initiated FLUM amendments shall be reviewed concurrently with the accompanying zoning request. Except for city-initiated FLUM amendments, which shall at a minimum meet criterion (2) for "Consistency," approval of a FLUM amendment/zoning request shall be based on one (1) ^r e ^f the followin applicable factors listed under Section 2.D.3.below.-. �zTl3et3 r�� i6nf Need At demens4ation Af Reed may be based UPOrR ehaRgiRg thp Page 544 of 604 Consistent with the PUFPose and intent of, and PFOR49te, the applicable COMPFe-hea-ASive 1-21-an. the an rter PAR ; r.Ler to nn r,tain r el, r rter,rr, be GORtFaFy to the established land Use PaUeFF1, OF Would Meate an isolated Zoning diStFiGt OF an isolated land use classification unFelated to adjacent and neaFby classifications, or- with the pFoteehon of the Public welfaFe. This faetop is net intended to e)ECIUEle FLU�j for the P A r,;ty (4) S stal Whethe � v-e -11-144- aire-nacrrrre� e$ , l. SUPPOA the integFation of a Mix of land uses consistent with the sMaFt gFowth O-F sustainability initiatives, with an emphasis 914 1) C-OMPlementar-Y And uses; 2) access to. a.1-teFRa.tive nnade-q Of and within the PFqfec-t� between -,djaGeRt,-,rn,,nr� (9) Availability of D„hl;r SeFViGeS/lRfFaStFUGtUFe. All FeqUeStj for• FLUM Shall-be fe-F long teFm capacity availability at the pnaxipnum444� , romp aAh44- . (a) 4VhetheF the - L LAMPRd-Mypt -A-prc`Lr-re$oB;r,g . ,,l.a be compatible the P ertr,values of-,djac-ent and r, aFby r,ror,ert;er (b) 4VhetheF the - L L -AMP-Rd-MP-Bt -A-p Li--re$vimrg is of a sea.le-6y-Wp-- iu o ,bly Fe late d to the r, n.ar of the F . hbo-rl,00.a -,r,.a the e4y-, a . hVe PFOPOSe.L use in Zoning Elirtr•irtr Where r rh , is already-,11o..,e.L d. Approval Process. An application for FLUM amendment shall be processed in accordance with F.S. Chapter 163. e. Denial. No application for the same FLUM amendment shall be submitted within one (1) year from the date of denial by the City Commission. D. Rezoning, Including Master Plan. 1. General. a. Purpose and Intent. The purpose of this subsection is to provide a means for making necessary adjustments in response to or based upon changed conditions by changing the zoning district boundaries or designations through site-specific amendments to the official Page 545 of 604 zoning map. It is not intended to relieve particular hardships or to confer special privileges or rights to any person. 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 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. In projects consisting of only one phase,the site plan may act as the required master plan. City-initiated rezoning can proceed in advance of the master plan/site plan submittal. The master plan shall be reviewed in accordance with Section 2.D.6. below. See Section 2.17. below for additional regulations pertaining to the site plan application. 2. Submittal Requirements. See Section 1.D.above for the submittal requirements of this application. 3. Review Criteria. Except for city-initiated rezonings, which shall at a minimum meet criterion (fib) for "Consistency" approval of an amendment to the official zoning map processed with or without the FLUM amendment shall be reviewed based on one (1) OF.,,^r^ of-the following applicable factors: a. Demonstration of Need. Whether the proposed amendments to the FLU and Zoning maps are supported by the implementation of the City's vision for, or changes in the conditions or character of development in, the area under consideration. Ongoing or anticipated market trends may also be considered in a Justification Statement provided as part of the application..A.demo nsty t;^B04-Beed f^r the r ^a Z g liStFiGt^ra the laRE b. Consistency.Whether the proposed FLUM amen dent^ra Fezon r amendments to the FLU and Zoning maps would be consistent with, and promote,the purpose and intent Of, ^ra rr^m^t^, the applicable Comprehensive Plan policies, Redevelopment Plans, aid Land neyeloan^rt Ta^T '^t�^rcor any other current City-approved planning documents. -Hts imposed AG In th e -SteF plan in A_VI-A ev tA_ i i B SI-1 C_-_h C-Onsisteney.. e. Land Use P tteyi n I.Vh ,theF the pFoposed, g/F TTM -, -pli ,.,,,t.44.,,,l.a c. Compatibility. The application shall consider whether the proposed Future Land Use and Zoning,or potential uses allowed in a proposed Zoning district,would be compatible Page 546 of 604 with the surrounding uses in terms of density, scale, and the nature of use, or when such an amendment would normally create an isolated zoning district but would result in the incremental implementation of a redevelopment plan for the area. d. Orderly Growth. Whether the proposed amendments to the FLU and Zoning maps would encourage piecemeal development or create undevelopable parcels. 4e. ``ustairal^ilityLocation Efficiency. Whether the proposed amendments to the FLU and Zoning maps r g�r,1 11A4 444R+e»+would support the integF ti^r ^f a pn ^f land complementary land uses. the integration of a mix of land uses consistent with smart growth or sustainability initiatives:24_access to a wide range of mobilityoptions;;4 e m � Of tFaHSPE);-tetiE)H; and=or. interconnectivity within the project and between adjacent properties. -ef. Availability of Public Services/Infrastructure. All requests for FLUM amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. (z) tl4e pr9p9-,;e 4:PP-; g a144 'liI T 4- if a to (2) 144het#evth edve-zo-ping and LUM amendment, f Submitted nTei� mei� n�� the city a,; ;4 whAlp Pi�v�e irirreHc`lirrreHt, f; ll j, ..,L, ,tl, 'lie P -,l 444A111d. (z) F-ulpt-be -Tfren4entatiA—P Avrthi{ a Development (ED-) D-rvg„cmr (7) CAntr;b,,,te to the eB-h-„B.-.,r, ent an I-A Ax Psi-fl e t;.,,P .,f the e ty's tax Lase (4) CFeate new employment oppor-tu-nitie-s -fA-V- the FeSideRtS,With Pay at OF ah-A-4.4-9 t-he C-Ounty a a 14^ rly (9) RepFesent innavRtiv� et#ad testi Qg es, especially these pFamating (6) lieiEemplementa�y to existing Uses,thus fasteRilit,s3..e.tl.Y effests; a144 (7) -4r14(94.iate blight/ecen^vxpnie-^va�e'rc^�se iEe�^frthe subjectZaFea. hg. Economic Development Impact r,^t^rmirati^r f^r r^r.,^rt;^n l 291444 �pistf: t� Whether the proposed rezoning/FLUM amendments inve ving Fezan ng to conventional zoning ElistFiet,thtveviewSh 'ate' deff ;vnethe;- the pFoposarwould not Page 547 of 604 _(4a) Represent a potential decrease in the possible intensity of development the uses PeFR44teel 44 the PFOPOSed- 1-and- use eategq�y al4d/OF Zoning distFietj 'A (fib) Represent a potential decrease in the r„r,>1^4: of uses with high probable economic development benefits. And whether the proposed rezoning/FLUM amendments would: (c) Create new employment opportunities; (d) Contribute to the enhancement and diversification of the city's tax base; (e) Respond to the current or anticipated market demand or community needs; or (0 Alleviate economic obsolescence of the subject area. ih. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/F1 TT>\a amendment amendments to the FLU and Zoning maps would reduce the amount of land available for heavy commercial/industrial development. If such determination is made,the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides ;111gg 4P4;4 evidence of satisfying at least fwar—two (42) of the Direct Economic Development Benefits listed in subparagraph "g" above_;a } employmelpt 7 , b'` 1c- AUr4pr- 121;4p ;4Ad !.�Up 121;444 Camplianee with I and Development Regulations When , �7 F ti GI P_ 1T�ttri9 _13 c 19 E I e V e10PMe_Bt_13 `1_„rlS 0f Chart^eF-4-.. 4. Approval Process. An application for rezoning approval requires review by the City Commission and shall be processed in accordance with Chapter 2,Article I, Section 3. S. Denial. Within one (1) year from the date of denial by the City Commission or withdrawal of the application by the applicant,no application for same or similar zoning may be submitted, with the exception of applications which are initiated by the city. 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, the applicant is required to complete the rezoning application (see Section 1.D. above), and provide all documentation required by the respective application checklist. c. Review Criteria. The approval of a master plan shall be reviewed based on the following factors: Page 548 of 604 (1) Zoning and Standards Compliance. 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. tiA__P,the site plan be consistent With r plan. See Section 2.F.-2b�oc1-A-Ayzfoo� thp "eA.4ip4AX r1:4-P-4-a of a site Plan. {Diagrams. The master plan shall include diagrams which illustrate the location of uses and density on the site, including bubble diagrams, height, massing, and density of the proposed development. d. Approval Process. A privately-initiated request to rezone and its accompanying master planrequire review by the City Commission and shall be processed in accordance with Chapter 2,Article I, Section 3. e. Expiration. A master plan shall remain valid unless the corresponding site plan expires, or if the site plan is not adopted within eighteen (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 a new or modified master plan, and a site plan application as provided in Section 2.D.1.e. above, shall be required in order to commence development, redevelopment, or other site improvements. Page 549 of 604 0 m 4- 0 0 LO LO (1) 0) c� C\l C\l C) U) C\l O, u (1) m 0) - U- 0 a L 0 • N i L6 0 > co,> ® L 0 LLI CL > :3 E L(i L LL LL CIO C) C) 0 C\l > 0 C) 70 CY) E C/) C/) 0 0 (D 0 C/) (C) 0- CN 04- CN >1 70 LO LO co 06 0) co > cn cn C: E < 0 a) E 70 cn 0 E C/) 0 70 0 E E —j cn 0 cn Q. U 70 cn cn > E a) 0 0 o m 0 0 a) 04 > a) T- CIO C) C) 70 C\l > :z E >1 0 C:0 cn 0 cn CO 0 -j U- 70 cn 0 IT 70 0 (C) CY) CN 04- CN N LO LO (1) 06 cn 70 E L- >, 0 tt cn 0 0 Q 0 70 70 cm E cn a- cn 0 cn c- < 0 E 0 0 C/) CL E E 0 70 0 70 cn 0 L2 — cn E E E 0 155 00 cn 0 > 70 CL M 0 0 0 C) a) > a) T- 0 m 4- 0 (Y) LO LO (1) c� 0 a LL 0 Mow>= M�h o UJ 12.B. Legal 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Proposed Ordinance No. 22-010 - First Reading -An ordinance of the City of Boynton Beach, Florida, amending Article III, of Chapter 18 of the Boynton Beach Code of Ordinances, entitled "Municipal Police Officers' Retirement Trust Fund;" amending Section 18- 169, requirements for retirement benefit amounts, providing for conflict, providing for severability; and, providing for an effective date hereof. Explanation of Request: In the Collective Bargaining Agreements between the City and PBA Police Unions, negotiated with an effective date of October 1, 2016, a change to the pension vesting for members was increased from five (5) years to ten (10) years for members hired on or after October 1, 2016. In the subsequent Collective Bargaining Agreements between the City and the PBA Police Unions, negotiated with a term ending September 30, 2022, the following additional changes were made to the pension plan: • Employees hired on or after October 1, 2019: Normal retirement — the earlier of age 55 and 10 years of credited service, or completion of 25 years of credited service regardless of age— Eliminating the 50 years of age with 15 years of credited service. • Employees hired on or after October 1, 2016: Early Retirement/Deferred Vested Retirement—50 years of age with 10 years of credited service. The Police Pension Plan Board determined that language within the plan needs to be clarified in order to appropriately administer Early Retirement benefits for employees who are aged 50 and separated employment with at least ten (10) years of service. How will this affect city programs or services? This early retirement benefit, commencing at age 50 with 10 years of service, is a minimum mandatory benefit pursuant to Florida Statutes Chapter 185 [§185.16(4)]. If the benefits commence before normal retirement, they are subject to an actuarial reduction of 3% per year in which the member retires early pursuant to §185.16(4)(b). This clarification of language is in line with the current interpretation of Plan regarding Early Retirement benefits. Fiscal Impact: There are no actuarial impacts to the plan as confirmed by the attached report from the Plan's actuary. Alternatives: No alternative actions recommended. Strategic Plan: High Performing Organization Strategic Plan Application: Page 554 of 604 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Ordinance Ordinance approving Police Pension revision D Addendum Letter-Actuarial Impact Page 555 of 604 1 ORDINANCE 22- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ARTICLE III, OF CHAPTER 18 OF THE BOYNTON BEACH S CODE OF ORDINANCES, ENTITLED "MUNICIPAL POLICE OFFICERS' 6 RETIREMENT TRUST FUND;" AMENDING SECTION 18-169, 7 REQUIREMENTS FOR RETIREMENT BENEFIT AMOUNTS, 8 PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND, 9 PROVIDING FOR AN EFFECTIVE DATE HEREOF. 10 11 WHEREAS, the Pension Plan needs clarification regarding the commencement date for 12 retirement benefits for members who terminate after vesting but before eligibility for early or 13 normal retirement; 14 WHEREAS, the Board of Trustees has recommended a change to the Pension Plan to 1S address this change; 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to revise its 17 Police Officers' Plan in order to provide this change; 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 19 BOYNTON BEACH, FLORIDA: 20 Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and 21 correct and are incorporated herein by this reference. 22 Section 2. Section 18-169 of Article III of Chapter 18 of the Boynton Beach Code of 23 Ordinances is hereby amended as follows: 24 Sec. 18-169. Requirements for retirement- benefit amounts. 2S ***** 26 (e) Separation from service. 27 (1) The vesting period for members hired on or after October 1, 2016, is ten 28 years. The vesting period for members who were hired before October 1, 20167 ..- tK.. i.n- 29 a tm-9E sbeF 1 2829, is five years of service. If a member leaves the service of the city before 30 vesting, such member shall be entitled to a refund of all of his or her contributions made to the 31 fund, without interest. 32 (2) Benefit commencement date for ten-year vesting. 1 Page 556 of 604 33 a. Police officers hired before October 1, 2019 and on or after October 34 1, 2016:If any member who had been in the service of the city for at least ten years elects to leave 35 his or her accrued contributions in the fund, such police officer upon attaining age 50 years or 36 more (without reaching what would have been 20 years of service had he or she not terminated 37 his or her employment) may receive an early retirement benefit at the actuarial equivalent of the 38 amount of such retirement income otherwise payable to him or her at normal ea4y retirement. 39 —Or e-F upon attaining what would have been normal retirement had he or she not terminated his 40 or her employment, such police officer may receive his or her accrued normal retirement benefit. 41 b. Police officers hired on or after October 1, 2019:If any member who 42 had been in the service of the city for at least ten years elects to leave his or her accrued 43 contributions in the fund, such police officer upon attaining age 50 years or more (without 44 reaching what would have been 25 years of service had he or she not terminated his or her 45 employment) may receive an early retirement benefit at the actuarial equivalent of the amount of 46 such retirement income otherwise payable to him or her at normal ea4y retirement or upon 47 attaining what would have been normal retirement had he or she not terminated his or her 48 employment, such police officer may receive his or her accrued normal retirement benefit. 49 (3) Benefit commencement date for five-year vesting. 50 a. Police officers hired before October 1. 2016 who have more 51 than 5 years of service and less than 10 years of service at time of termination: If any member 52 who had been in the service of the city for at least five years but less than 10 years elects to leave 53 his or her accrued contributions in the fund, the police officer upon attaining age 55 with ten or 54 more years of service (had he or she not terminated employment) or reaching what would have SS been 20 years of service (had he or she not terminated his or her employment), may receive the 56 accrued normal retirement benefit. The member may receive the benefits payable in the normal 57 form or any option available under Section 18-170. These members are not eligible for an early 58 retirement benefit or the age 50 with 15 years of service benefit. 59 b. Police officers hired before October 1. 2016 who have more 60 than 10 years of service at time of termination: If any member who had been in the service 61 of the city for at least ten years elects to leave his or her accrued contributions in the fund, 2 Page 557 of 604 62 such police officer upon attaining nage 50 or more (without reaching what would have been 63 20 years of service had he or she not terminated his or her employment) may receive an 64 early retirement benefit at the actuarial equivalent of the amount of such retirement 65 income otherwise payable to him or her at normal retirement. Or. upon attaining what 66 would have been normal retirement had he or she not terminated his or her employment" 67 such police officer may receive his or her accrued normal retirement benefit. The member 68 may receive the benefits payable in the normal form or any option available under Section 69 18-170. 70 ***** 71 Section 3. It is the intention of the City Commission of the City of Boynton Beach that 72 the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of 73 the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-lettered 74 and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in 75 order to accomplish such intention. 76 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 77 in conflict herewith be and the same are hereby repealed to the extent of such conflict. 78 Section 5. If any clause, section, or other part or application of this Ordinance shall 79 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 80 unconstitutional or invalid part or application shall be considered as eliminated and so not 81 effecting the validity of the remaining portions or applications remaining in full force and effect. 82 Section 6. This Ordinance is effective July 1, 2020. 83 Upon satisfaction of all of the above requirements, then in that event, the terms and 84 provisions of this Ordinance shall become effective. 85 86 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 87 3 Page 558 of 604 88 FIRST READING THIS 15th DAY OF February, 2022. 89 SECOND, FINAL READING and PASSAGE THIS DAY OF March, 2022. 90 91 CITY OF BOYNTON BEACH, FLORIDA 92 93 YES NO 94 Mayor— Steven B. Grant 95 96 Vice Mayor—Woodrow L. Hay 97 98 Commissioner—Justin Katz 99 100 Commissioner— Christina L. Romelus 101 102 Commissioner—Ty Penserga 103 104 105 VOTE 106 107 ATTEST: 108 109 110 111 Crystal Gibson, MMC 112 City Clerk 113 114 115 116 (Corporate Seal) 117 118 4 Page 559 of 604 P:954-527,1616 ' F: 95A525,0083I www.grsc mkj16mgx.om R S November 22, 2021 Mr. Lou Penque Plan Administrator Boynton Police Officers' Pension Fund 2100 N. Florida Mango Road West Palm Beach, FL 33409 RE: Actuarial Impact Statement for Proposed Ordinance for the City of Boynton Beach Municipal Police Officers' Retirement Trust Fund Dear Lou: We have reviewed the proposed ordinance amending the City of Boynton Beach Municipal Police Officers' Retirement Trust Fund (Plan).This ordinance would amend the Plan as follows: • Amending Section 18-169, Requirements for retirement-benefit amounts, to provide clarifying language regarding early retirement eligibility(to provide clarification that members who terminate employment with at least 10 years of service are eligible for reduced early retirement upon attainment of age 50). This clarification language is in line with the current interpretation of the Plan, and is the way the Plan is currently being valued for actuarial valuation purposes. Therefore, it is our opinion that this change will not have an actuarial impact on the cost of the Plan,which means a formal Actuarial Impact Statement is not required. We recommend you send a copy of this letter and the ordinance to the Municipal Police Officers and Firefighters' Retirement Trust Funds Office and to the Bureau of Local Retirement Systems. Peter N. Strong is a member of the American Academy of Actuaries and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuary is independent of the plan sponsor. If there are any questions, please let us know. Sincerely yours, Gabriel Roeder Smith and Company Peter N. Strong, �FS Senior Consultant and Actuary The above communication shall not be construed to provide tax advice, legal advice or investment advice. qIl�l s s 12.C. Legal 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Mayor Grant requested a public update from the City Attorney on the J KM lawsuit. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Addendum Property Listing Page 561 of 604 i; i t t i p ;y ryry a� , 5 , DEVELOPMENT SITES }" f Page 562 of 604 TABLE OF ul CONTENTSul z 3 0 z 0 m abm mm ® m a m m a a ff 111 fA s t�_ mCW zQZ J U �s u t a � x z tla i �CU•� �f ! AFF O Lu 0 � N o s Q o0 9 °o m i. b 6 � o 5 e a 0 W o w m `o. [2LL Y -u ani a w O o o v - _ o a ° m 9 0 o Y o v o E n w o a m u v v < v Z < O� u v o o a o r„r o Q U O Z F O OF Z O > O O O > "0 u1 -p Z'.' 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Q -p o v o v rc H m L E d 2 N m E O U a = muYa� p .. TV� g r ` `o ;° E � o w m r o T N `vim N > u - LL v W ' V o `mm w ; N O m C v L 2 O O u 2 LL v pp S F Li m m Y oo r `v 1. Vf N v v o a m E v" mo v o - } t F O a� O m o `mm ° 00 0�°t�a�°n fi 1 9 � f An O W m a W Z 0 z z CONTACT INFORMATION Avery Klann Hampton Beebe Tal Frydman Tyler Minix avery.klann@nmrk.com hampton.beebe@nmrk.com tal.frydman@nmrk.com tyler.minix@nmrk.com M 561-703-8332 M 561-317-1910 M 561-504-9250 M 239-281-1895 T 561-210-4138 T 561-210-4129 T 561-962-6211 T 561-210-4140 Jackson Huggett Jonathan Senn Debt&Structured Finance Equity jackson.huggett@nmrk.com jonathan.senn@nmrk.com Matt Williams Brooke Cade M 305-431-7229 M 305-720-6059 matthew.williams@nmrk.com brooke.cade@nmrk.com T 561-210-4146 T 561-210-4145 M 703-943-7602 M 239-810-3713 T 813-981-5122 T 561-210-4133 South Florida Office 750 Park of Commerce Blvd. Suite 230 Boca Raton,FL 33487 T 561-988-8800 NEWMARK 13.A. Future Agenda Items 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections- March 1, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 587 of 604 13.B. Future Agenda Items 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Request approval for ARPA Partnership Agreements with FAU Tech Runway and local Elementary Schools. - March 1, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 588 of 604 13.C. Future Agenda Items 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Recommendation from Historic Resources Preservation Board and Commission discussion on options for recognizing Latosha Clemons. - March 1, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 589 of 604 13.D. Future Agenda Items 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Presentation of redistricting alternatives by Florida Atlantic University (FAU) and establishment of boundaries for inclusion in Ordinance. March 1, 2022. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 590 of 604 13.E. Future Agenda Items 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Staff to provide research for discussion requested by Commissioner Penserga regarding dash cams on police vehicles. - March 1, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 591 of 604 13.F. Future Agenda Items 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: School Board Member Erica Whitfield to present the 2021-2022 School Year State of Education Report to the City Commission. - March 15, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 592 of 604 13.G. Future Agenda Items 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue-TBD Explanation of Request: On July 19, 2021, the City received a letter of intent(see attached Exhibit"A")to purchase the vacant 3.62 acre parcel adjacent to Leisureville and west of SW 8th Street. Address or Legal PBC Property Property Property Control Number Description Appraiser Assessed Zoning Value 29-45-43, E 330.70 FT OF W LY 660.16 FT OF SLY 672.12 FT OF NLY 1252.12 1 08-43-45-29-00-000-1040 FT(LESS N 499.34 FT OF $271,500 R1 AA- Single E 126.90 FT) OF TH PT Family OF NE 1/4LYGSOFSR 804 According to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance, the City Commission can sell property, which is determined to be in the best interest of the City: Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths(4/5)of the City Commission. Additionally, members of staff have researched other municipal disposition processes and have attached sample code language (see attached Exhibit"B")to discuss potential changes. How will this affect city programs or services? Disposition of the property may provide new housing in the City and reduce the number of vacant parcels currently being maintained by the City. Fiscal Impact: The sale of the property can potentially increase the City's tax base(new housing)and reduce the maintenance costs associated with vacant lots. The City spent approximately$10,000 last year for the maintenance of the parcel which includes: Lot mowing, trash removal, and tree trimming. Alternatives: Reject the letter of intent. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 593 of 604 Is this a grant? Grant Amount: Attachments: Type Description D Exhibit Letter of Intent(Exhibit"A") D Location Map Location Map D Attachment Property Detail D Exhibit Sample Municipal Disposition Code Language(Exhibit"B") Page 594 of 604 LETTER OF INTENT TO PURCHASE REAL PROPERTY July 19, 2021 Alan Sperling Alan Sperling LLC. RE: Proposed purchase of CITY OF BOYNTON BEACH: PARCEL ID 0843-45-29-00-000-1040 This letter constitutes an outline of a proposed transaction between CITY OF BOYNTON BEACH (Seller) and ALAN SPERLING LLC (Buyer), encompassing all land and improvements described below (The Property), the terms of which are intended to be embodied in a formal Agreement of Purchase and Sale (The Agreement) to be submitted by the Buyer. The terms proposed for the Agreement will include, but are not limited to, the following: LEGAL DESCRIPTIONS Proposed Purchase: CITY OF BOYNTON BEACH: PARCEL ID 08-43-45-29-00-000-1040 Purchase Price:The purchase price for the property shall be $300K INCLUDING PROPOSED PUBLIC ROAD CONNECTING ALL CITY DEAD END STREETS RUNNING PARRALEL TO OUR SITES FROM THE FUTHURST SOUTH POINT TO THE MOST NORTHERN CLOSEST TO BOYNTON BEACH BLVD Initial Deposit: Simultaneously with the execution of the Agreement, Buyer shall place with Anaheim Properties, Inc. (as Escrow Agent) an initial deposit at contract of$25K Title and Survey: Ten (10) days after the execution of the Agreement, Seller shall deliver to Buyer a current ALTA survey of the property and a title insurance commitment from a nationally recognized title insurance company in the amount of the Purchase Price. Inspection: Buyer shall have NINETY-120DAYS, (90-120) Days after the execution of the Agreement(the Inspection Period)to conduct, at Buyer's expense, whatever reasonable investigations, analyses and studies of the Property that Buyer deems appropriate. At any time and for any reason during the Inspection Period, Buyer may by giving of written notice to Seller and Escrow Agent, terminate the Agreement and receive the return of his Deposit without and Interest or Deductions. If Buyer elects to proceed with the transaction, Buyer shall Deposit an additional $25K with the Escrow Agent within (5) Business days after the expiration of the inspection Period. Seller agrees to provide such information as may be required by the Buyer. Representation &Warranties: The Agreement shall contain representations and Warranties of Seller customarily provided by sellers in transactions of this nature. Date of Closing: Closing shall take place no later than THIRTY (30) days following completion of the Inspection Period by the Buyer. Closing shall take place in Palm Beach County. Page 595 of 604 Access: Buyer, by appointment only, shall have full access to the Property prior to Closing for the purpose of conducting all studies and surveys required by Buyer. To the extent of the deposit, Buyer will hold Seller harmless from and indemnify Seller against any liability or loss by virtue of such entry. Assignability: Buyer reserves the right to assign the Agreement to any entity owned or controlled by or affiliated with Buyer or its principals. Zoning: The Agreement shall be contingent on the Property being properly zoned for the buyers use. Other Provisions: The Agreement shall contain other provisions dealing with such matters as allocation of closing expenses, conditions of closing, delivery of possession, examination of title, prorations of rents and taxes, transfer of Leases, if necessary, warranties and representations of Seller with respect to the Property, and other matters typically found in transactions of this nature. Expenses shall be borne as follows: REQUIREMENT RESPONSIBILITY Survey Seller Title Search Seller Title Insurance Commitment and Policy Seller Documentary Stamps and Surtax Seller Inspection Costs Buyer Attorneys' Fees Each pays Own Hazardous Waste Studies Buyer as to Phase I Seiler as to Phase 11, (if necessary) Binding Agreement: It is understood and agreed that this letter is merely a non-binding summary of the terms of a proposed transaction and, while we agree in principle to these terms and conditions and agree to proceed promptly and in good faith to work out a definitive agreement for the transaction, any legal obligations shall arise only as set forth in an executed Agreement signed by both parties. The Agreement shall be in form and substance satisfactory to both of us and will contain all usual and appropriate covenants and conditions. Validity: This proposal shall be valid until AUGUST 1ST, 2021. Per: ALAN SPERLING LLC .7 Si 7 9/, ACCEPTED AND AGREED TO: By Print name: Title: Dated: Page 596 of 604 7119/2021 hftps:f/www.pbrgay.org/papa/AspsIPropertyDetaiI/PrinterfriendIyPropertyPrint.aspx?parcel=08434529000001040 Property Detail, l .1-1-1-....'---"'-- __ ------------ ......... –_— –--------------------- ------- Location Address Municipality BOYNTON BEACH Parcel Control Number 08-43-45-29-00-000-1040 Subdivision Official Records Book 06652 Page 1 31 5 Sale Date NOV-1990 Legal Description 29-45-43, E 330.70 FT OF WILY 660.16 FT OF SLY 672.12 FT OF NLY 12 52.12 FT (LESS N 499.34 FT or E 126.90 M OF TH PT OF NE 1/4 LYG S OF SIR 804 ...Owner Information.... ....................... ............ .W. W.._.-.-_..___—-------------------------- ------------- Mailing address Owners PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 ........................... .................. --- ----- .................. ;Sales Information--.-....- ...........- ....... Sales Date Price OR Book/Page Sale Type Owner NOV-1990 $100 06652 /01315 WARRANTY DEED ------------- ----------- --------- .............. �Exemption Information ........ Applicant/Owner Year Detail 2021 ........... ........ 1-1-1-..................... ............... ,Property Information-.._ __ -... ..... w _.. ............... ................. Number of Units *Total Square Feet 0 Acres 3.62 Use Code 8900-MUNICIPAL Zoning RI AA- R1 AA SINGLE FAMILY, 5.5 DU/AC(08-BOYNTON BEACH :Appraisals ------ Tax Year 2020 2019 2018 Improvement Value $0 $0 Land Value $271,500 3271,500 $271,500 Total Market Value $271,500 S271,500 $271,500 All values are as orianuary Ist each year .......... ... ................................ ... .................. ...................... ... ...... Assessed and Taxable Values .................. Tax Year 2020 2019 2018 Assessed Value $271,SOO $271,500 5271,500 Exemption Amount S271,500 $271,500 $271,500 Taxable Value $0W -------- Tax Year -------- 2020 2019 2018 Ad Valorem $0 $0 $O! Non Ad Valorem $0 $0 $0: Total tax $0 $0 Dorothy Jacks, CFA,AAS PALM REACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 597 of 604 t { � k f � tc c � < s� i J t 1 IS AV N s , t Si t {�, - r o`•_ �� Y�� r - k kk � i 598 of 604 PAPA Barmer LocationAddress "+Tualclpalltw BOYNTON BEACH Parcel Control Nu nber 08-43-45-29-00-000-1040 Sulvlslaara Official Records Book 06652 Page 1315 Sala:Tate NOV-1990 29-45-43,E 330.70 FT OF WLY 660.16 FT OF SLY 672.12 FT Le-gal Description OF NLY 1252.12 FT(LESS N 499.34 FT OF E 126.90 FT)OF TH PT OF NE 1/4 LYG S OF SR 804 -- Mailing address Owners PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 Sales Tate Price OR BooldPage Sale'T'vpe Owner NOV-1990 $100 06652/01315 WARRANTY DEED Exc tion Applic t/(hN aer Year Detail BOYNTON BEACH CITY OF 2021 FULL.MUNICIPAL GOVERNMENT �°'T'otal I u nber of Units 0 Salaaar",Feet t 0 Acres 3.62 8900- ZonR1AA-R1AA SINGLEFAMILY,5.5 DU/AC Use Code MUNICIPALi (08-BOYNTON BEACH) 'T'ax Year 2020 2019 2018 Improvement Valu $0 $0 $0 Land Valu $271,500 $271,500 $271,500' Total Market Value $271,500 $271,500 $271,500 All values are as of January 1 st each year 'T'ax Year 2020 2019 2018 AssessedValue $271,500 $271,500 $271,500'' E xemptionA meat $271,500 $271,500 $271,500 'T'axable Valu $0 $0 $0' Tax Year 2020 2019 20113 Ad Valorem $0 $0 $0'' Nora Ad Valorem $0 $0 $0''' 'T'otal tax $0 $0 $0'' Page 599 of 604 Disposal of city real property. (a) Power to sell. The City Commission may authorize by Resolution the sale, transfer, and swap any real property, improved or unimproved, now owned or hereafter acquired by or owned by the city, as provided herein. These procedures supplement any other procedures that may now or in the future be applicable as provided by law or regulation. (b) Disposal of property which is sufficient in size and of such character as to comprise an independent building site and which will involve a conveyance of the city's fee simple interest. These parcels typically enjoy access to a public right-of-way, and are developable as building sites. (1) Resolution declaring surplus. Before any improved or unimproved property owned by the city shall be sold or otherwise disposed of pursuant to this subsection (b), the governing body shall adopt a resolution declaring same surplus. (2) Determination concerning surplus. a. The city governing body shall review and consider the following: 1. The legal description (by reference to a recorded plat or government survey); 2. The property address by street number, if there be any; 3. A description of all improvements located upon the land; 4. How said land has been used since same has belonged to the city; 5. The current use of the property; 6. How the property was acquired and financed; 7. The needs of the city; 8. Whether disposal is consistent with the city comprehensive plan; 9. The estimated property value; 10. Any relevant property history; 11. The property's title; and 12. Whether the disposal of the property is precluded by grant provisions of other agencies. (3) Public hearing. The city governing body shall hold one (1) public hearing prior to adopting a resolution declaring property as surplus. An advertisement for such public hearing shall appear once in a newspaper of general circulation at least ten (10) days prior to the hearing. The advertisement will contain the resolution title and the date,time and place of the hearing. The city clerk shall advertise the proposed resolution for public hearing by placing it on the city council agenda and posting such agenda at least three (3) business days prior to the city council meeting. (4) When appraisals are needed. a. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by two (2) independent appraisers, who are designated members of the Appraisal Institute, if the property is estimated to have a value that exceeds one million dollars ($1,000,000.00). b. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by one (1) independent appraiser, who is designated member of the Appraisal Institute, if the property is estimated to have a value between five hundred thousand dollars ($500,000.00) and one million dollars ($1,000,000.00). c. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) with an estimated value below five hundred thousand dollars ($500,000.00) shall not require an appraisal. 100460579.1306-90018211 Page 600 of 604 d. Notwithstanding subparagraphs a., b., and c. above, no appraisal shall be needed: 1. Where the city acquired the property from Palm Beach County as a result of the tax sale process and is returning such asset to the former owner or its successors and assigns; 2. Where the city transfers the property to another governmental entity or agency; or 3. Where the city is exchanging such real property with the private sector for a replacement parcel determined by the city governing body to have similar utility and where the public interests would be served. (5) Methods of disposal. a. Methods. The city may dispose of property pursuant to this subsection (b) utilizing the following methods: negotiation, trade with other governmental entities or agencies, request for letters of intent, sealed bids, or request for proposals. The city may retain professional real estate services to aid in the disposal of property. 1. Negotiation. The city may negotiate the sale of real property with a particular person or entity, and no further advertising will be needed to effect a transfer. 2. Sealed bids, requests for letters of intent, and request for proposals. At any time no more than ninety (90) days after adoption of resolution declaring the property surplus, the land may be offered for public disposition, and a notice shall be published by the city in a newspaper of general circulation in the city once not less than ten (10) days before sealed bids, letters of intent, or proposals are due. The notice shall state, at a minimum, the date when sealed bids, letters of intent, or proposals shall be received and whether the sale is with or without reservation. Sealed bids, letters of intent, and proposals shall be received accompanied by cashier's checks or certified checks payable to the city in an amount equal to at least ten (10) percent of the disposition price. 3. Transfer to governmental agencies. The city may sell or transfer any of its property to any other governmental agency, if the city governing body determines that: i. A transfer of the property to the other governmental agency shall provide a benefit to the city; and ii. That the terms received by the city are fair and equitable. 4. Land swap with any private or public land owner provided the properties are appraised at substantially the same value. In determining substantial value the City may take into consideration the potential increase in value following the swap. (6) Proceeds from sale or transfer. Any proceeds derived from the sale of any land, as authorized in this subsection (b), shall be deposited in the general fund of the city, or such other fund or account of the city as is determined by the finance director. (7) Conveyance. In order to convey property pursuant to this subsection (b)the city governing body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding anything possibly to the contrary,the city may reject any and all offers, bids, letters of intent, or proposals, or terminate negotiations at any time and choose not to dispose of property, and nothing shall obligate the city governing body to adopt any necessary resolution. 100460579.1306-90018211 Page 601 of 604 13.H. Future Agenda Items 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Proposed Ordinance No. 21-025 First Reading. Approve DevelopmentAgreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 602 of 604 13.1. Future Agenda Items 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Discuss Building Safety Inspection Program- (Pending outcome of 2022 legislative session) Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 603 of 604 13.J. Future Agenda Items 2/15/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/15/2022 Requested Action by Commission: Discuss the ne)d steps for implementation of City Ordinance No. 21- 012 prohibiting the use and distribution of polystyrene foam ("Styrofoam")food ware, unencapsulated polystyrene foam products, balloons, and confetti on City property. - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 604 of 604