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Agenda 12-16-08 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission REVISED FINAL AGENDA DECEMBER 16, 2008 Jerry Taylor Mayor - At Large Kurt Bressner City Manager ~ Jose Rodriguez Vice Mayor - District III Ron Weiland Commissioner - District I Woodrow Hay Commissioner - District II Marlene Ross Commissioner - District IV James Cherof City Attorney DISTRI T I I Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES &. PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings. " . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes . Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the publiC meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc City of Boynton Beach REGULAR CITY COMMISSION MEETING AGENDA December 16, 2008 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Greg Fitch - Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: None B. Community and Special Events: 1. Sand Sifters Beach Cleanup & Pie Eating contest to be held on Saturday, January 3, 2009, 8 a.m. to 10:30 a.m. at Oceanfront Park. Clean the beach with the Sand Sifters and then receive a free slice of pie celebrating "National Pie Day". C. Presentations: 1. Proclamations None IV. 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> 1 Agenda Regular City Commission Boynton Beach, FL December 16, 2008 V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Expiration Date IV Ross Arts Commission Reg 3 yr term to 12/11 Mayor Taylor Arts Commission Reg 3 yr term to 12/11 I Weiland Arts Commission Reg 3 yr term to 12/11 II Hay Arts Commission Reg 3 yr term to 12/11 III Rodriguez Arts Commission Alt 1 yr term to 12/09 IV Ross Arts Commission Alt 1 yr term to 12/09 IV Ross Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11 I Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11 III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (3) II Hay Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09 I Weiland Cemetery Board Reg 3 yr term to 12/11 II Hay Cemetery Board Reg 3 yr term to 12/11 Mayor Taylor Cemetery Board Alt 1 yr term to 12/09 Tabled (2) II Hay Code Compliance Board Reg 3 yr term to 12/11 III Rodriguez Code Compliance Board Reg 3 yr term to 12/11 I Weiland Code Compliance Board Alt 1 yr term to 12/09 Tabled (2) Mayor Taylor Code Compliance Board Alt 1 yr term to 12/09 Tabled (3) III Rodriguez Community Relations Board Reg 3 yr term to 12/11 IV Ross Community Relations Board Reg 3 yr term to 12/11 Mayor Taylor Community Relations Board Reg 3 yr term to 12/11 II Hay Community Relations Board Alt 1 yr term to 12/09 Tabled (3) I Weiland Community Relations Board Alt 1 yr term to 12/09 II Hay Education & Youth Advisory Board Reg 2 yr term to 12/10 III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/10 IV Ross Education & Youth Advisory Board Reg 2 yr term to 12/10 I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/09 Tabled (2) Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/09 I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/09 II Hay Education & Youth Advisory Board Stu 1 yr term to 12/09 III Rodriguez Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 IV Ross Golf Advisory Committee Reg 5 yr term to 6/13 IV Ross Library Board Reg 3 yr term to 12/09 I Weiland Library Board Reg 3 yr term to 12/10 II Hay Library Board Reg 3 yr term to 12/11 III Rodriguez Library Board Reg 3 yr term to 12/11 Mayor Taylor Library Board Alt 1 yr term to 12/09 IV Ross Library Board Alt 1 yr term to 12/09 III Rodriguez Planning & Development Board Reg 2 yr. term to 12/10 IV Ross Planning & Development Board Reg 2 yr. term to 12/10 2 Agenda Regular City Commission Boynton Beach, FL December 16, 2008 Mayor Taylor Planning & Development Board Reg 2 yr term to 12/10 I Weiland Planning & Development Board Alt 1 yr term to 12/09 II Hay Planning & Development Board Alt 1 yr term to 12/09 IV Ross Recreation & Parks Board Reg 3 yr term to 12/09 Tabled (2) II Hay Recreation & Parks Board Reg 3 yr term to 12/11 III Rodriguez Recreation & Parks Board Reg 3 yr term to 12/11 IV Ross Recreation & Parks Board Reg 3 yr term to 12/11 Mayor Taylor Recreation & Parks Board Alt 1 yr term to 12/09 II Weiland Recreation & Parks Board Alt 1 yr term to 12/09 Mayor Taylor Senior Advisory Bd Reg 2 yr term to 12/10 I Weiland Senior Advisory Bd Reg 2 yr term to 12/10 II Hay Senior Advisory Bd Reg 2 yr term to 12/10 III Rodriguez Senior Advisory Bd Reg 2 yr term to 12/10 IV Ross Senior Advisory Bd Reg 2 yr term to 12/10 Mayor Taylor Senior Advisory Bd Alt 1 yr term to 12/09 I Weiland Senior Advisory Bd Alt 1 yr term to 12/09 Mayor Taylor Veterans Advisory Commission Reg 3 yr term to 12/11 II Hay Veterans Advisory Commission Reg 3 yr term to 12/11 I Weiland Veterans Advisory Commission Alt 1 yr term to 12/09 III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/09 IV Ross Veterans Advisory Commission Alt 1 yr term to 12/09 Mayor Taylor Veterans Advisory Commission Alt 1 yr term to 12/09 Mayor Taylor Firefighters' Pension Trust Fund Reg 2 yr term to 12/10 I Weiland Firefighters' Pension Trust Fund Reg 2 yr term to 12/10 Mayor Taylor Police Officers' Retirement Trust Fund Reg 2 yr term to 12/10 I Weiland Police Officers' Retirement Trust Fund Reg 2 yr term to 12/10 VI. 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. Minutes 1. Regular City Commission - December 2, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Award "CO-OP BULK QUICKLIME, Bid #005-2821-09jJA to CHEMICAL LIME, INC. of Lakeland, FL with an estimated expenditure of $250,000 for the City of Boynton Beach Utilities Department. 2. Approve the "ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE", BID #003-2910-09/JA, with 3 Agenda Regular City Commission Boynton Beach, FL December 16, 2008 CLEANING QUALITY SERVICES OF US CORP. of Hollywood, FL for contractual services in the amount of $1,956 per month with an annual expenditure of $23,472. (Proposed Resolution No. ROB-142) 3. Approve a piggy-back of RFP #B-06-18, Town of Davie with R&S Integrated Products and Services of Lakeland, FL for an Agenda Automation Workflow Software in the amount of $40,455 and $4,375 for the Community Redevelopment Agency as an additional meeting body, to include software support and annual maintenance for a total expenditure of $44,830. (Proposed Resolution No. ROB-143) 4. Multi-award the "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT", Bid #001-1412-09jJA, on an overall basis to the lowest, most responsive, responSible bidder who meets all specifications with an estimated expenditure of $31,000. C. Resolutions 1. Proposed Resolution No. R08-144 RE: Approving and authorizing execution of an Agreement with the Arts and Culture Group, Inc. to implement Jaycee Park Interpretative Public Art Markers, Phase 1, as part of Recreation and Parks commitment to publiC art in the project. The cost to implement Phase 1 is $44,875. 2. Proposed Resolution No. R08-145 RE: Approving and authorizing execution of an Agreement with Montoya Sculpture & Supply to implement Fire Station #5 Public Art components. The cost is $12,651 for the functional publiC art components. 3. Proposed Resolution No. R08-146 RE: Accepting the report from the Affordable Housing Advisory Committee. 4. Proposed Resolution No. R08-147 RE: Approving and authorizing execution of a First Amendment to the Interlocal Agreement (ILA) between the City of Boynton Beach and South Central Regional Wastewater Treatment and Disposal Board entered into on November 3, 2004. The First Amendment modifies Article 2 - Scope of Services by adding paragraph 2.11, which permits the City to collect a specified amount for benefit consulting fees. 5. Proposed Resolution No. R08-148 RE: Approving and authorizing execution of an Interlocal Agreement (ILA) with the City of Lake Worth and Hypoluxo Shoppes, Inc., regarding the provision of sewer service to parcels of land outside of the City of Boynton Beach Utilities Service Area. 4 Agenda Regular City Commission Boynton Beach, FL December 16, 2008 6. Proposed Resolution No. R08-149 RE: Approving the assessment of the cost of nuisance abatement on properties within the City of Boynton Beach. 7. Proposed Resolution No. R08-150 RE: Approving and authorizing execution of an agreement to designate the following banks as additional depository institutions for funds of the City of Boynton Beach: RBC Bank (USA), TD Bank, N.A., 1st Community Bank of America, and CNLBank D. Approve the release of Performance Bond #FS3866824, issued by Great American Insurance Company for Quantum Park and Village for the right-of-way work on Gateway Blvd. E. Accept the written report to Commission of purchases over $10,000 for the month of November 2008. F. Approve purchase of new and replacement vehicles as approved in the FY 08/09 Budget in the amount of $2,570,626. G. Approve the City of Boynton Beach FY2007-2008 Annual Grants Report. H. Approve the release of the 10% balance of the original letter of Credit #11184 for the Boynton Beach Village Marina issued by City National Bank. I. Approve the purchase of 10 In-Car Video Camera Systems, to be placed in the Chevrolet Impala Patrol Cars, from Digital Ally, Inc., in the amount of $41,250. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 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. None IX. CITY MANAGER'S REPORT: A. Consider options on disposal of the 1927 Old High School - (Tabled on December 2, 2008) 5 Agenda Regular City Commission Boynton Beach, FL December 16, 2008 B. Consider the relocation of the City Public Works Compound at the suggestion of New Urban Communities and provide direction to City Staff on whether or not to continue exploratory negotiations with New Urban Communities or to advise new Urban Communities that the City is not interested in the proposal. X. FUTURE AGENDA ITEMS: A. Provide City Staff with policy guidance regarding the degree and breadth of "green" elements to be designed into the new Police Facility located at the intersection of High Ridge Road and Gateway Boulevard - January 6, 2009 B. Addendum for Tow Contract - January 6, 2009 C. Staff report on legal review for vacating NE lth Avenue right-of-way - January 6, 2009. D. 2008 Recreation and Parks Strategic Plan Update - January, 2009 E. Report on cost sharing options for take-home vehicles - January 2009 (In conjunction with continued budget discussions) F. Sustainability Team Quarterly Report - Jan. 20, 2009 G. Discussion of revision of sign code for promotional banners - January 20, 2009 H. YVPP Report - Feb. 17, 2009 I. Approve donations to the Juvenile Transition Center in the amount of $6,500 from the Police Department's Law Enforcement Trust Fund (Tabled on August 5, 2008) J. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum (Deferred pending future grant opportunities) XI. NEW BUSINESS: A Review of City Code provisions for term and selection of Vice Mayor - requested by Commissioner Ross (Tabled on December 2, 2008) XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None 6 Agenda Regular City Commission Boynton Beach, FL December 16, 2008 B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-033 RE: Approving amendments to existing Chapter 20, Part III of the Land Development Regulations, in connection with, in part, the Community Rating System program (CRS), recent updates to the Florida Building Code, and the proposed changes to and relocation of the minimum property maintenance requirements for the City. 2. Proposed Ordinance No. 08-034 RE: Approving the creation of Chapter 14.5 of the Code of Ordinances to be called "THE BOYNTON BEACH DANGEROUS INTERSECTION SAFETY ACT"; and new sections 14.5-1 through 14.5-15 providing for intent and definitions; establishing an enforcement program within the City; authorizing the City to permit and implement the use of unmanned cameras/monitoring devices for red light infractions; providing enforcement procedures, including notice, appeal hearings, penalties, imposition of administrative charges and collection. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-035 RE: Approving the amendment to the Community Redevelopment Plan to incorporate the Downtown Master Plan and components thereof regarding Community Policing Innovation Program and funding programs for infrastructure improvements or upgrades necessary to implement the goals and objectives of the Community Redevelopment Plan which include greater density and enhanced public space.. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: A. Remove the contingency of receiving a match to the City's Neighborhood Stabilization Program (NSP) funds within six months for the Ocean Breeze West project. 7 Agenda Regular City Commission Boynton Beach, FL December 16, 2008 XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT PAM WELSH, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL AGENDA - REVISED 12/12/200811:18 AM S:\CC\WP\CCAGENDA\AGENDAS\year 2008\121608 - Revised Final Agenda.doc 8 i~~:r:~lNCEMENTS & PRESENTATIONS Sand Sifters Beach Cleanup & Pie Eating Contest Saturd~ January 3, 2009, 8-10:30 a.m. Oceanfront Park, A-I-A Clean the Beach with the Sand Sifters and then Receive a Free Slice of Pie Celebrating "National Pie Day." Fill your Belly by entering our first Sand Smers Pie Eating Contest. (First 10 Participants to Registen. Pies Donated by The American Pie Council cwww:PieCouncil.ofg> & Publixl Community Service Hours Awarded. Bring your own Water, Sun Screen and Hats. Visit: www:SandSifters.orn PreRegistration; GSolomon@SandSifters.org cS6l>1'34-9128. Sponsors: The Sand Sifters & City of Boynton Beach Recreation and Parks Department ;&. . We Make ii ;. . p) life funU Boynton Beach R.ecreaHon and PorRS Department V. ADMINISTRATIVE ITEM A. APPOINTMENTS FOR DECEMER 16, 200: Appointment length of Term To Be Made Board EXDiration Date IV Ross Arts Commission Reg 3 yr term to 12/11 Mayor Taylor Arts Commission Reg 3 yr term to 12/11 I Weiland Arts Commission Reg 3 yr term to 12/11 II Hay Arts Commission Reg 3 yr term to 12/11 III Rodriguez Arts Commission Alt 1 yr term to 12/09 IV Ross Arts Commission Alt 1 yr term to 12/09 IV Ross Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11 I Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/11 III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (3) II Hay Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/09 I Weiland Cemetery Board Reg 3 yr term to 12/11 II Hay Cemetery Board Reg 3 yr term to 12/11 Mayor Taylor Cemetery Board Alt 1 yr term to 12/09 Tabled (2) II Hay Code Compliance Board Reg 3 yr term to 12/11 III Rodriguez Code Compliance Board Reg 3 yr term to 12/11 I Weiland Code Compliance Board Alt 1 yr term to 12/09 Tabled (2) Mayor Taylor Code Compliance Board Alt 1 yr term to 12/09 Tabled (3) III Rodriguez Community Relations Board Reg 3 yr term to 12/11 IV Ross Community Relations Board Reg 3 yr term to 12/11 Mayor Taylor Community Relations Board Reg 3 yr term to 12/11 II Hay Community Relations Board Alt 1 yr term to 12/09 Tabled (3) I Weiland Community Relations Board Alt 1 yr term to 12/09 II Hay Education & Youth Advisory Board Reg 2 yr term to 12/10 III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/10 IV Ross Education & Youth Advisory Board Reg 2 yr term to 12/10 I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/09 Tabled (2) Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/09 I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/09 II Hay Education & Youth Advisory Board Stu 1 yr term to 12/09 III Rodriguez Education & Youth Advisory Board Stu NfV 1 yr term to 12/09 IV Ross Golf Advisory Committee Reg 5 yr term to 6/13 IV Ross Library Board Reg 3 yr term to 12/09 I Weiland Library Board Reg 3 yr term to 12/10 II Hay Library Board Reg 3 yr term to 12/11 III Rodriguez Library Board Reg 3 yr term to 12/11 Mayor Taylor Library Board Alt 1 yr term to 12/09 IV Ross Library Board Alt 1 yr term to 12/09 III Rodriguez Planning & Development Board Reg 2 yr. term to 12/10 IV Ross Planning & Development Board Reg 2 yr. term to 12/10 Mayor Taylor Planning & Development Board Reg 2 yr term to 12/10 I Weiland Planning & Development Board Alt 1 yr term to 12/09 II Hay Planning & Development Board Alt 1 yr term to 12/09 1 APPOINTMENTS FOR DECEMER 16, 2008 Appointment Length of Term To Be Made Board Exoiration Date IV Ross Recreation & Parks Board Reg :3 yr term to 12/09 Tabled (2) II Hay Recreation & Parks Board Reg 3 yr term to 12/11 III Rodriguez Recreation & Parks Board Reg 3 yr term to 12/11 IV Ross Recreation & Parks Board Reg 3 yr term to 12/11 Mayor Taylor Recreation & Parks Board Alt 1 yr term to 12/09 II Weiland Recreation & Parks Board Alt 1 yr term to 12/09 Mayor Taylor Senior Advisory Bd Reg 2 yr term to 12/10 I Weiland Senior Advisory Bd Reg 2 yr term to 12/10 II Hay Senior Advisory Bd Reg 2 yr term to 12/10 III Rodriguez Senior Advisory Bd Reg 2 yr term to 12/10 IV Ross Senior Advisory Bd Reg 2 yr term to 12/10 Mayor Taylor Senior Advisory Bd Alt 1 yr term to 12/09 I Weiland Senior Advisory Bd Alt 1 yr term to 12/09 Mayor Taylor Veterans Advisory Commission Reg 3 yr term to 12/11 II Hay Veterans Advisory Commission Reg 3 yr term to 12/11 I Weiland Veterans Advisory Commission Alt 1 yr term to 12/09 III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/09 IV Ross Veterans Advisory Commission Alt 1 yr term to 12/09 Mayor Taylor Veterans Advisory Commission Alt 1 yr term to 12/09 Mayor Taylor Firefighters' Pension Trust Fund Reg 2 yr term to 12/10 I Weiland Firefighters' Pension Trust Fund Reg 2 yr term to 12/10 Mayor Taylor Police Officers' Retirement Trust Fund Reg 2 yrterm to 12/10 I Weiland Police Officers' Retirement Trust Fund Reg 2 yr term to 12/10 ! V J..-.....UN;:)I:I'11 AUC."UA ITEM B.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ December] 6, 2008 December I, 2008 (Noon) D February] 7,2009 February 2, 2009 (Noon) D January 6, 2009 December] 5,2008 (Noon) D March 3, 2009 February] 7,2009 (Noon) D January 20, 2009 January 5, 2009 (Noon) D March] 7,2009 March 2, 2009 (Noon) D February 3, 2009 D April 7, 2009 0 S2 January 19,2009 (Noon) March ]6,2009 (Noon) CD o~ 0 =t", ", -<.ci n ("") ..." 0 Announcements/Presentations 0 City Manager's Report I ~ N :-;;J-< NATURE OF 0 Administrative 0 New Business .." ~z Ul)-i AGENDA ITEM ~ Consent Agenda 0 Legal :z oi .z:- 14 0 Code Compliance & Legal Settlements 0 Unfinished Business .. - 0 Public Hearing 0 C8 RECOMMENDATION: A motion to award "CO-OP BULK QUICKLIME, Bid #005-2821-09/JA, to CHEMICAL LIME, INC. of Lakeland, Florida, with an estimated expenditure of $250,000.00 for the City of Boynton Beach Utilities Department. Contract Period: December 16, 2008 to December 15,2009 EXPLANATION: On November 04, 2008, Procurement Services received and opened three (3) sealed proposals for the above mentioned bid. Chemical Lime Company of Lakeland, Florida was the lowest, most responsive, responsible bidder who met all specifications. Depending upon water restrictions and other factors, we anticipate a usage of approximately 1,100 tons per year. Kofi Boateng, Utilities Director, concurs with this recommendation (see attached memo #08-88). The provision of this bid will allow for three (3) one (1) year extensions at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. The City of Boynton Beach is the lead entity for this Palm Beach County Co-Operative Purchasing Bid. The total Co- Operative cost is $2,933,545.49. There are six (6) other entities participating in this bid. PROGRAM IMP ACT: The purpose of this bid is to secure a source to provide the best quality Bulk Quicklime available at the most economical price, with delivery to various governmental entities that have elected to participate in the Co-Operative Bid. FISCAL IMP ACT: BUDGET AMOUNT ESTIMATED ANNUAL PROCESSED CHEMICALS EXPENDITURE 401-2811-536-52-35 $250,000.00 The increased cost of chemicals accounts for the 40% increase in expected cost for this fiscal year. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: The City of Boynton Beach could explore the use of other coagulants or anti-sealants. However. this may lead to higher water treatment costs or possible water quality infractions. CURRENT UNIT/PRICE PER TON $163.18 Fiscal Year 07/08 - $178.838.00 ~ C:: . A.4-~ Department Head's Signature ity Manager's SIgnature C 'l1. /~~D ' Ai ~ W<~~'---_. Procurement Se . es S:IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC Memorandum Utilities # 08-088 To: Carol Doppler Purchasing Agent of Financial Services From: Kofi Boateng, P.E. Utilities Director Date: November 20,2008 Subject: Quicklime (calcium oxide, CaO) Bid Number 005-2821-09/JA Quicklime (CaG) is used at the East Water Treatment Plant to adjust the pH of the raw water in preparing it for further treatment and to remove hardness which, in turn, prevents scaling in the pipelines. The current bid to purchase quicklime is with Chemical Lime. This bid has expired and cannot be extended. Financial Services accepted bids (Bid # 005-2821-09/JA) for the purchase of quicklime on November 4th, 2008. The bids were reviewed using estimated requirements of 1,100 tons per annum as critical criteria. From this it was apparent that Chemical Lime was the lowest bidder. Thus, we are recommending awarding the quicklime bid to Chemical Lime with the anticipated approximate annual usage of 1,100 tons at a total estimated cost of $249,293. The total cost for last year's usage was $178,838.47. Due to the increasing costs of fuel the price for this product has increased by 40% since our last bid. We have had good service with Chemical Lime and their product has worked as expected. Please place this item on the next city commission agenda to approve the bid for $250,000 dollars for quicklime to Chemical Lime. These funds are available in account number 401-2811-536-52-35 in the 2008/2009 budget. If you have any questions, please contact Bevis Pigott at 742-6420 or Melvin Pinkney at 742-6428. Attachments be: Melvin Pinkney Bevis Pigott xc: Michael Low Barbara Conboy File ****THE LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER WHO MEETS ALL SPECIFICATIONS**** ~ 7 C ~ ~ ,~. r-" -- . ~~' - ~_._--==-=:=-=-=&:;-=-. ... ./ -<.\(. /\. .'~~ '\ '. ' Carol Doppler, Purqhas n . 4~ Melvin Pinkney, IltiUties LE~ad or' ANNUAL CO-OP BULK QUICKLIME "Offers from the vendors listed herein are the only offers BID OPENING DATE: NOVEMBER 04,2008 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. All other offers submitted in response to this solicitation. BID # 005-2821-09/JA if any, are hereby rejected as late" VENDORS CARMEUSE LIME & STONE, INC. CHEMICAL LIME CO OF ALABAMA. INC SOUTHERN LIME CO 11 STANWIX ST., 11th FLOOR 4720 CLEVELAND HGHTS. BLVD. STE.203 P.O. Box 128 PITTSBURGH, PA 15222 LAKELAND, FL 33813 CALERA, AL 35040 Tel: (412) 995-2017 Tel: (877) 644-9010 Tel: (205) 668-6999 Fax: (412) 995-5515 Fax: (863) 644-9030 Fax: (205) 668-4474 Contact: Bruce D. Routhieaux Contact: John L. Thompson Contact: Carolyn Maddox ~ -.- ---- ADDENDUM #1 SUBMITTED YES YES YES ONE ORIGINAL AND TWO COPIES YES YES -.~-_.. YES SUBMITTED .---- $210.13 --~_.- ------~_._- ~--_._-"- -.... BASE PRICE PER TON Material and Rail Freight RAIL $210.13 TRUCK =:=============[=====$86.67 ::::: - - - - - -f16"]0 - - - -- - - - - - -$-157:"94 - - - - - TOTAL 95,337.00 Freight only - - - - - $226.63 - - - -- - - - - - $282."94 - - - - - --,._,,-, CITY OF DELRAY BEACH/3200 RAIL $210.13 TRUCK -.- - - - - - - - - - - - -,- - - - - -$84.95 - - - -- ------$15.81----- --- - - $157.94 - - - - - ~ TOT AC - .- - - - - - - ______ :::,'-::t-271 Ji40.00/Freight only =-- -----$225.94 ----- -=_-=_:- --. $282.9~. - - - - - '---.-.----.- ... ______~._u_._. _ CITY OF LAKE WORTH/1300 I $210.13 ! RAIL i TRUCK -.- - - - - - - - - - - - -1- - - - - -$86"]7" - - - -- - - - - - -$16"]0 - - - - - - - - - - $157.94 ,-~, ,- - '-1 JOTAL__'- - _____....._....__~___=-_=_-=_~ -112,671.00/Freight aniY'. - - - - - - - $226."63 - - - - - - -- -- - $292."94 ,- - -" .~~ ] ~~~~~~..,.~~.- ---~~..- --_.._.__.~_....__.__._-_._- QUicklime '09 xis ANNUAL CO-OP BULK QUICKLIME "Offers from the vendors listed herein are the only offers BID OPENING DATE: NOVEMBER 04,2008 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 005-2821-09/JA if any, are hereby rejected as late" VENDORS CARMEUSE LIME & STONE, INC. CHEMICAL LIME CO. OF ALABAMA, INC SOUTHERN LIME CO. 11 ST ANWIX ST., 11th FLOOR 4720 CLEVELAND HGHTS. BLVD., STE.203 P.O. Box 128 PITTSBURGH, PA 15222 LAKELAND, FL 33813 CALERA, AL 35040 Tel: (412) 995-2017 Tel: (877) 644-9010 Tel: (205) 668-6999 Fax: (412) 995-5515 Fax: (863) 644-9030 Fax: (205) 668-4474 Contact: Bruce D. Routhieaux Contact: John L. Thompson Contact: Carolyn Maddox CITY OF RIVIERA BEACHI775.86 RAIL $210.13 ~-------------------------------- --------------- --------------- ~R~~-------------J------$8~~------ $17 .48 $153.57 --------------- --------------- TOTAL 68,663.61 Freight only $227.61 $278.57 CITY OF WEST PALM BEACH/5000 RAIL $210.13 ~-------------------------------- --------------- --------------- TRUCK I $86.68 $17.43 $153.37 ~--------------------------------- --------------- --------------- TOTAL 433,400.00 Freight only $227.56 $278.37 SO. CENTRAL REGIONAL WWTP/300 RAIL $210.13 ~-------------------------------- --------------- --------------- J~~~_____________J______$8~~______ $15.81 $157.94 --------------- --------------- TOTAL $25,485.00 $225.94 $282.94 VILLAGE OF WELLlNGTON/1250 RAIL $210.13 T~CK-------------l------$8MO------ --------------- --------------- $17.43 $153.37 ~-------------------------------- --------------- --------------- TOTAL $110,625.00 $227.56 $278.37 APPROXIMATE TOTAL/12,925.86 $1,118,021.60 $2,933,545.49 $3,625,328.82 Bulk Quicklime '09 .xls Page 2 ANNUAL CO-OP BULK QUICKLIME "Offers from the vendors listed herein are the only offers BID OPENING DATE: NOVEMBER 04,2008 received timely as of the above receiving date and time BID OPENING TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 005..2821-09/JA if any. are hereby rejected as late" - _._._-~_._-"-- .-.. - ..--- - - ~ - - ------ VENDORS CARMEUSE LIME & STONE, INC. CHEMICAL LIME CO. OF ALABAMA. INC SOUTHERN LIME CO. 11 STANWIX ST., 11th FLOOR 4720 CLEVELAND HGHTS. BLVD, STE.203 P.O. Box 128 PITTSBURGH, PA 15222 LAKELAND, FL 33813 CALERA, AL 35040 Tel: (412) 995-2017 Tel: (877) 644-9010 Tel: (205) 668-6999 Fax: (412) 995-5515 Fax: (863) 644-9030 Fax: (205) 668-4474 Contact: Bruce D. Routhieaux Contact: John L. Thompson Contact: Carolyn Maddox ---..--.--. TOTAL (CO-OP QTYXBASE PRICE PER TON) $2,171,544.40 $1,615,750.00 GRAND TOTAL INCLUDES DELIVERY $3,289,566.00 $2,933,545.49 $3,625,328.82 .._._~'~_O'_'_ ,-~~->_.._._-- _._..._..__._~ - -...----- METHOD OF DELIVERY Rail/Truck Rail/Truck Truck HOW WILL YOU ASSURE DELIVERY If rail not available, by truck from 1 ).Ship from 1 of 5 alternative Should truck crisis occur, delivery IN TIME OF CRISIS Longview Alabama. If Ft. Lauderdale locations in FI. 2). Direct ship by vial rail would be used. Should rail ---~------'-----'-' unavailable FI. terminals will supply pneumatic tanker from Alabama plants crisis occur truck delivery would be use~u _ WILL YOU EXTEND SAME PRICES TO OTHER ENTITIES WITHIN THE COUNTY? NO NO YES --~ ._-_.~- _.__ ~_b."_ . -. - ._~-_._--~-- - -~. -. ,- WILL YOU EXTEND SAME PRICES & TERMS WITHIN BROWARD COUNTY? NO NO YES LIST OF REFERENCES SUBMITTED YES YES YES -.- -- -----.---.- ~, ~_._-,--_.~~-_.- ~-~- -- -_...~--~---- TRAINING ~~ EXPERIENCE RECORD SUBMITTED NOH YES YES "------.-----.---..-. ~ LIST OF EOUIPMENT & FACILITIES AVAILABLE SUBMITTED YES YES YES --- - ~~ SERVICE REPRESENTATIVE INFO SUBMITTED YES YES YES ANTI-KICKEIACK AFFIDAVIT SUBMITTED YES YES -_. YES ~---~.... Quicklime 'U!:l xis ANNUAL CO-OP BULK QUICKLIME "Offers from the vendors listed herein are the only offers BID OPENING DATE: NOVEMBER 04, 2008 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 005-2821-09/JA if any, are hereby rejected as late" VENDORS CARMEUSE LIME & STONE, INC. CHEMICAL LIME CO. OF ALABAMA, INC SOUTHERN LIME CO. 11 STANWIX ST., 11th FLOOR 4720 CLEVELAND HGHTS. BLVD., STE.203 P.O. Box 128 PITTSBURGH, PA 15222 LAKELAND, FL 33813 CALERA, AL 35040 Tel: (412) 995-2017 Tel: (877) 644-9010 Tel: (205) 668-6999 Fax: (412) 995-5515 Fax: (863) 644-9030 Fax: (205) 668-4474 Contact: Bruce D. Routhieaux Contact: John L. Thompson Contact: Carolyn Maddox CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT A MINORITY OWNED YES/NOT A MINORITY OWNED YES/NOT A MINORITY OWNED BUSINESS. BUSINESS. BUSINESS CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES YES YES PRODUCT INFORMATION SUBMITTED YES YES YES M.S.D.S. SUBMITTED YES YES NO COMMENTS **Available on Request. Bulk Quicklime '09 .xls Page 4 QjChemical Lime ~ ."' '-hOIST Group CQmpan\ October 10, 2008 Ms. Janet Allen, Buyer City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Subject: Bid 005-2821-09/JA Dear Ms. Allen: Chemical Lime Company would like to thank you for the opportunity to submit our bid for Quicklime for the City of Boynton Beach and the Coop. Please find attached the completed bid documents as well as all requested attachments. In the circumstance where we are unable to personally attend the bid opening, we would appreciate having a copy of the bid results emailed to us @ Elizabeth.hart@chemicallime.com. Should you have any questions, or need additional information, please do not hesitate to contact us. Sincerely, CHEMICAL LIME COMPANY ~Q,~ Eliz eth A. Hart Florida Sales Coordinator Encls. Chemical Lime Company of Alabama, Inc. Lakeland Sales Office 4720 Cleve/and Heights Boulevard, Suite 203, Lakeland, Florida 33813 Phone: (863) 425-1544 Fax: (863) 425-0686 t '.' The City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX: (561) 742-6316 ADDENDUM #1 DATE: OCTOBER 02, 2008 BID TITLE: "ANNUAL CONTRACT FOR CO-OP BULK QUICKLIME" BID NUMBER: #005-2821-09/JA The following changes, additions, deletions, and/or information are hereby made a part of the Bid for the "ANNUAL CONTRACT FOR CO-OP BULK QIDCKLIME". On Page # 9: GOVERNMENTAL UNIT, the City of West Palm Beach reads 2.1 Million Tons Please change to read 5,000 Tons On Page # 10: AGGREGATE TOTAL reads 2,107,925.86 TONS Please change to read 12,925.86 TONS Date 10/10/08 Chemical Lime Company of Alabama, Inc. (Name of Bidder, Corporation, Firm or Individual) By ~s~ John L. Thompson Printed Name Florida Manager Title 877-644-9010 Telephone Number BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date: OCTOBER 01, 2008 Bid Title: ANNUAL CONTRACT FOR CO-OP BULK QUICKLIME Bid Number: #005-2821-09/JA Bid Received By: NOVEMBER 04, 2008, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: NOVEMBER 04, 2008, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Chemical Lime Company of Alabama, Inc. Federal I.D. Number: 63-1002780 A Corporation of the State of: Alabama Area Code: 863 Telephone Number: 644-9010 Mailing Address: 4720 Cleveland Heights Blvd., Suite 203 City/State/Zip: Lakeland, FL 33813 Vendor Mailing Date: 10/10/08 John L. Thompson Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL I " . , PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA FOR ANNUAL CONTRACT FOR CO-OP BULK QUICKLIME To All Bidders: Date: October 10, 2008 The undersigned declares that he 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 proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of: 1. Total Cooperative Quantities Base Price Per Ton $ 210.13* *FOB Fort Lauderdale, FL ENTITY QTY (TONS) FREIGHT RATE EXTENDED TOTAL PER TON AMOUNT RAIL* TRUCK City of Boynton Beach 1,100 Tons $210.1 $ 16.50 $ 226.63 J4l~ ') II; A n' ~, 1./ $ 225.94 72?;)iOOS City of Delray Beach 3,200 Tons $210.1 $ 15.81 / City of Lake Worth 1,300 Tons $210.1 $ 16.50 $ 226.63 244 G fL1 / 17 & r/;}. 4 (~ City of Riviera Beach 775.86 Tons $210.1 $ 17.48 $ 227 .61 I j j)- I 5,000 I( )))7/3 City of West Palm Beach 2,100,000 Tem~ $210.1 $ 17.43 $227.56 I ~l'-"/' ., So. Central Regional WWTP 300 Tons .~ $ 15.81 $ 225.94 j"") (Iv $210. L ( . t.'l..j Village of Wellington 1,250 Tons $210.1: $ 17.43 $2Z7.56 ) !/ <' 4::::'0 Ou ii./'I; )', 12,925.86 APPROXI1\1ATE TOTAL: 2,107,925.86 TfJHS $210.1: $NlI. $ 2,93~,545.49 TOTAL (COOPERATIVE TOTAL QUANTITY X BASE PRICE PER TON) $ 2,933,545.49 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE *.IN:::l.u:H; l:irre t:rice, rcril :Erei# am t:r:arEfeL a::sts. 22 , PROPOSAL continued... ALL PRICES F.O.B. DESTINATION II. Delivery Date A. State your method of delivery from source to each entity's Water Plant. Pneumatic tank truck -_..-,. __.n B. How will you assure supply and delivery to the participating governmental entities in the event of a transportation crisis involving truck, railcar or hurricane? Option 1: Ship from one of five alternative locations in Fl. Option 2::, Direct ship by pneumatic tankerEfrom Alabama plants. Will you extend the same prices, terms and conditions to other governmental agencies within Palm Beach County? YES NO x - - Will you extend the same prices, terms and conditions to other governmental agencies within Broward County? YES NO x - - The undersigned bidder certifies that this Bid Proposal is submitted in accordance with the Provisions, Specifications, and Conditions governing this bid. Original and two (2) copies submitted Yes Yes/No THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE , . PROPOSAL continued.... Training & Experience record submitted Yes Yes/No List of references submitted Yes Yes/No List of equipment & facilities available to do work submitted Yes Yes/No Service Representative information submitted Yes Yes/No Chemical Lime Company of AI., Inc. ~-t.-- COMPANY NAME S NATURE John L. THompson PRINTED NAME ( 877 ) 644-9010 Florida Manager TELEPHONE NUMBER TITLE john.thompson@chemicallime.com 863-644-9030 E-MAIL ADDRESS , FAX THIS PAGE TO BE SUBMIITED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 l 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: itl"t-p ~ N ME - SIGNATURE Sworn and subscribed before me this 1 0 day of October ,20 08 Printed Information: John L. Thompson NAME Florida Manager TITLE ~ll&Hl Q 1hJ:j-. NARY PUBLIC, State of Flonda at Chemical Lime Company of AI., Inc. COMPANY "OFFICIAL NOTARY SEAL" STAMP TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ,,;:; ~ CONFIRMA TION 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? X Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) 0) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO x - - If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification TIllS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB - 1 Revised 02/22/05 26 VI.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ December 16, 2008 December 1,2008 (Noon) D February 17,2009 February 2, 2009 (Noon) D January 6, 2009 December 15, 2008 (Noon) D March 3, 2009 February 17,2009 (Noon) D January 20, 2009 January 5, 2009 (Noon) D March 17,2009 March 2, 2009 (Noon) D February 3, 2009 D April 7, 2009 Sl January 19, 2009 (Noon) March 16,2009 (Noon) C) ~.~ 0) -t..., :z: -<OJ <:) n""'tl <: D Announcements/Presentations D City Manager's Report N ~ ... ~1ll-< NATURE OF D Administrative D New Business ~.%: -0 l.h-'l AGENDA ITEM ~ Consent Agenda D Legal 3: Q _ Ox D Cod, Comp"'"" & L,gal s,"""""" D Untini,h,d Bu,;n,,, I)i> I ... D Public Hearing D U1 . RECOMMENDATION: A motion to approve the "ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE " LINKS AT BOYNTON BEACH GOLF COURSE, BID# 003-2910-09/JA, with CLEANING QUALITY SERVICES OF US CORP. of Hollywood, Florida, for contractual services in the amount of $1,956.00 per month with an annual expenditure of $23,472.00. EXPLANATION: On October 23, 2008, the Procurement Services received and opened nineteen (19) proposals for the referenced Bid. The Links of Boynton Beach Golf Course reviewed the proposals and it is recommended to award this Bid to CLEANING QUALITY SERVICES US CORP, which was the lowest, most responsive, responsible bidder who meets all specifications and have received excellent responses on the reference checks from their current contracts on hand. Golf Course concurs with this recommendation, see attached memo #08-08. PROGRAM IMP ACT: The purpose of this Bid was to obtain firm pricing for a one year period for contractual janitorial services for the City of Boynton Beach's Golf Course, Links at Boynton Beach, located at: 8020 Jog Road, Boynton Beach, Fl. 33472. FISCAL IMP ACT: Account # Estimated Expenditure: 411-2911-572-49-17 $23,472.00 ALTERNATIVES: To hire a janitor or pay hourly for the services as a full time employee with benefits. 2007-200 E p~ $24,960.00 l~~ ~, - Department Head's Signature City Manager's Signature Assistant to City Manager ~ , . ~~ /~J2, Procurement Services CitY Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Cc: Scott Wahlin Golf Maintenance Manager 1 RESOLUTION NO. R 08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AN ANNUAL CONTRACT FOR 6 JANITORIAL SERVICE FOT THE LINKS AT 7 BOYNTON BEACH GOLF COURSE WITH 8 CLEANING QlJALITY SERVICES llS CORP., IN 9 THE AMOlJNT OF $23,472.00; AUTHORIZING THE 10 MA YOR TO EXEClJTE SAID AGREEMENT: AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, on October 23, 2008. the Procurement Services received and opened 15 nineteen (19) proposals for bid #003-2910-09/JA, Annual Contract for Janitorial Service for 16 the Links at Boynton Beach Golf Course: and 17 WHEREAS, it is recommended to award this bid to Cleaning Quality Services US 18 Corp., of Hollywood. Florida which was the lowest. most responsive, responsible bidder who 19 meets all specifications. 20 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 I Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as I 23 Ibeing true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 I Section 2. The City Commission of the City of Boynton Beach. Florida. hereby II 26 approves an Annual Contract for Janitorial Service for the Links at Boynton Beach (in] r 27 Course Bid #003-2910-09/JA with Cleaning Quality Services US Corp.. of Hollyvvood. 28 IIFlorida with an annual expenditure of $23.4 72.00 and authorizes the Mayor and City Clerk to 29 Ilexecute the Agreement between the parties, a copy of which is attached hereto as Exhibit "A" , I Ii I! I lS.ICAIRESO\AgreementsIJanitorial Services - Golf Course (2009).doc ! i Ii ! ~ . r r 1 Section 3. That this Resolution shall become effective immediately. 2 PASSED AND ADOPTED THIS _ day of December, 2008. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor - Jerry Taylor 8 9 10 Vice Mayor - Jose Rodriguez 11 12 13 Commissioner - Ronald Weiland 14 15 16 Commissioner - Woodrow L. Hay 17 18 19 Commissioner - Marlene Ross 20 ATTEST: 21 22 23 24 Janet M. Prainito, CMC 25 City Clerk 26 27 28 (Corporate Seal) :\CA\RESO\Agreements\Janitorial Services - Golf Course (2009).doc MEMORANDUM 08-08 To: Carol Doppler, Purchasing Agent From: Scott Wahlin, Golf Maintenance Manager Re: Sealed Bid #003-291 0-09/JA ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE Date: November 17, 2008 The selection committee consisted of Dan Hager, Golf Operations Manager, Gregory Richburg, Restaurant Manager and me. We studied the proposals provided by nineteen companies in regards to this bid. We recommend awarding this bid to: Cleaning Quality Services US Corp 711 N 69th Way Hollywood, Florida 33024 (786) 752-1938 Contact: Glady Castro Bid Amount: $1956.00 per month Budgeted Amount: $2666.67 per month Last Year's Expense: $2080.00 per month Account: 411-2911-572-49-17 Contractual Services This company was the low bidder and received excellent responses from their current contracts on hand. I visited one of their current contracts, Shell Systems located in Lake Worth and their work was very satisfactory. The alternative to utilizing this service would be to hire a janitor or pay hourly for the services. We have determined that these options are not as cost effective as paying for the service on a monthly basis. In addition we receive a lot of traffic at our facility, which requires cleaning continuously throughout the day, seven days per week. This contract provides for a janitor to be on duty eight hours per day on weekdays and four hours per day on weekends. ),l~,-, Scott Wahlin, CGCS CERTIFIED BY THE GOLF COURSE SUPERINTENDENTS ASSOCIATION OF AMERICA ~~~XXltlC LUWC~l NU~l KC~YUN~lbLC, KC~YUN~lVC blUUCK WtlU NCC1~ ALL ~YC~1~1~Al1UN~xXXXX )J.~_ c~1t~~N~dEi~ SCOTT WAHLIN, GOLF ~~1NT. MANAGER BID:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE "Offers from the vendors listed herein are the only offers BID: DUE DATE: OCTOBER 23,2008 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 003-291 Q-09/JA if any, are hereby rejected as late" ~~ ~ J-. ~ 4- VENDORS C&M CLEANING SERVICES CHI-ADA CORPORATION CLEANING QUALITY SERVo US CORP. 25 W. PINE TREE AVENUE 135 NW 163RD STREET 711 N 69 WAY LAKE WORTH, FL 33467 MIAMI, FL 33169 HOLLYWOOD, FL 33024 PH: (561) 305-7905 PH: (305) 948-5651 PH: (786) 752-1938 FAX: (561) 964-4678 FAX: (954) 777-5147 FAX: (954) 391-7884 CONTACT: MERCATUR GUERRIER CONTACT: BART OKORO CONTACT: GLADY CASTRO TOTAL AMOUNT PER WEEK $750.00 $673.85 I NOBID i TOTAL AMOUNT PER MONTH $3,000.00 $2,920.00 $1,956.00 ADDITIONAL WORK PER HOUR , I I $22.00 $25.00 $25.00 i i NUMBER OF BID PROPOSALS SUBMITTED ONE ONE ONE ; lONE ORIGINAL AND THREE COPIES SUBMITTED YES YES YES SPECIFICATION CHECK OFF SHEETS ! SUBMITTED YES YES*** YES LIST OF REFERENCES SUBMITTED YES NO YES CURRENT CONTRACTS ON HAND SUBMITTED YES YES YES ANTI-KICKBACK SUBMITTED YES YES YES Sheet 1 ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE "Offers from the vendors listed herein are the only offers BID: DUE DATE: OCTOBER 23, 2008 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 003-291 0-09/JA if any, are hereby rejected as late" - VENDORS C&M CLEANING SERVICES CHI-ADA CORPORATION CLEANING QUALITY SERVo US CORP. 25 W. PINE TREE AVENUE 135 NW 163RD STREET 711 N 69 WAY LAKE WORTH, Fl 33467 MIAMI, Fl 33169 HOll YWOOD, Fl 33024 PH: (561) 305-7905 PH: (305) 948-5651 PH: (786) 752-1938 -- FAX: (561) 964-4678 FAX: (954) 777-5147 FAX: (954) 391-7884 ,.----..-.-.- CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/YES YES/NOT A MINORITY YES/NOT A MINORITY APPLICATION BEING PROCESSED OWNED BUSINESS OWNED BUSINESS -- CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES YES YES --- ---_."~~"--_._--- .-- ~- --.-.---.....-.- ._.~~.,-".- ~"~- -- .- -- COMMENTS *** SEE NOT A TIONS - -.. -_.__.._.~--. . - ... ::::,heetl J\NNUAL U:J!\J! RA,; i !- Uki/\NI! UI..;i/\1 :::iLRVIU- 1(, . nIt- INkS />.. 1 Boyr\jTON BEACI! ,jOLJ COURSE BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE "Offers from the vendors listed herein are the only offers BID: DUE DATE: OCTOBER 23, 2008 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 003-291 0-09/JA if any, are hereby rejected as late" VENDORS CLEANING SYSTEMS, INC. COVERALL FACILITY CLEANERS 10330 N.W. 55 STREET 1800 W. WOOLBRIGHT 7330 NW 1 PLACE SUNRISE, FL 33351 BOYTON BEACH, FL 33426 PLANTATION, FL 33317 PH: (954) 341-0000 PH: (321) 557-2039 PH: (561) 449-1921 FAX: (954) 341-6771 FAX: (561) 375-8700 FAX: (954) 633-4993 CONTACT: JAMES L. FISCHER CONTACT: FRED JEAN CONTACT: JONAS GUTU TOTAL AMOUNT PER WEEK $650.00 $800.00 $960.00 TOTAL AMOUNT PER MONTH $2,816.00 $3,200.00 $4,156.80 ADDITIONAL WORK PER HOUR $17.00 $14.95 $20.00 NUMBER OF BID PROPOSALS SUBMITTED ONE ONE ONE ONE ORIGINAL AND THREE COPIES SUBMITTED YES YES YES SPECIFICATION CHECK OFF SHEETS SUBMITTED INCOMPLETE YES YES LIST OF REFERENCES SUBMITTED YES YES YES CURRENT CONTRACTS ON HAND SUBMITTED NO YES YES ANTI-KICKBACK SUBMITTED YES/*** YES YES Sheet 2 ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE "Offers from the vendors listed herein are the only offers BID: DUE DATE: OCTOBER 23,2008 received timely as of the above receiving date and time. BID: DUE TIME: 230 P.M. All other offers submitted in response to this solicitation, BID # 003-291 O-OSl/JA if any, are hereby rejected as late" ____ _.___. __ ._.~__ _u__ -".,~- - .~_. --.-- VENDORS CLEANING SYSTEMS, INC. COVERALL FACILITY CLEANERS 10330 N.W. 55 STREET 1800 W. WOOLBRIGHT 7330 NW 1 PLACE SUNRISE, FL 33351 BOYTON BEACH, FL 33426 PLANTATION, FL 33317 PH: (954) 341-0000 PH: (321) 557-2039 PH: (561) 449-1921 FAX: (954) 341-6771 FAX: (561) 375-8700 FAX: (954) 633-4993 -,.-,. CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT A YES/NOT A MINORITY YES/NOT A MINORITY MINORITY OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES YES YES ----.----- '--.'- -,.._-- -,.- . COMMENTS *** NOTARY EXP. DATE WAS ILLEGIBLE. THEY SENT IN AFTER BID OPENING .-.' . -------".,_._._-~_.,.._.~. - . "-.--....,..- .__.._--_.__.._---------~--_._---._--_.. --~--_._-,-_..._--~-------,._.__._.._-_.,_.."----_..-.------.,.--.--- .-._---_.,.._-------_.,.."-,--,,..~.- . '';heet L :\J'-lNUAi_:ONTRAC riJf;' JANiTORiAL SERViCE: F,,- . THt. LiNK::', I'.., j Ben NT UN BEACH GOLF \.:UURSE BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE "Offers from the vendors listed herein are the only offers BID: DUE DATE: OCTOBER 23,2008 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 003-291 0-09/JA if any, are hereby rejected as late" VENDORS FIRST GENESIS LAWN & J.P. COMMERCIAL CLEANING, INC A PERFECT TIMING IIV INC. JANITORIAL SERVICE, INC. DBA INTER KLEEN DBA JUST IN TIME JANITORIAL P.O. BOX 244061 1599 S.W. 30TH AVENUE,STE 4 P.O. BOX 1173 BOYNTON BEACH, FL 33411 BOYNTON BEACH, FL 33426 LAKE WORTH, FL 33460 PH: (561) 523-0946 PH: (561) 732-1818 PH: (561) 860-6900 FAX: (561) 793-7182 FAX: (561) 732-1869 FAX: NO FAX CONTACT: MACK MCCLENDON CONTACT: ORLANDO DA SILVA CONTACT: TAMICA CLINTON TOTAL AMOUNT PER WEEK $816.00 $468.45 $1,232.00 TOTAL AMOUNT PER MONTH $3,264.00 $2,030.00 $4,928.00 ADDITIONAL WORK PER HOUR $19.00 $9.75 $25.00 NUMBER OF BID PROPOSALS SUBMITTED ONE ONE ONE lONE ORIGINALAND THREE ,-,U','Il::::> SUBMITTED YES YES TWO COPIES SUBMITTED SPECIFICATION CHECK OFF SHEETS SUBMITTED YES YES YES LIST OF REFERENCES SUBMITTED YES YES YES CURRENT CONTRACTS ON HAND SUBMITTED YES YES YES ANTI-KICKBACK SUBMITTED YES YES YES Sheet 3 ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE BID:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE "Offers from the vendors listed herein are the only offers BID: DUE DATE: OCTOBER 23, 2008 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation. BID # 003-291 0-09/JA if any. are hereby rejected as late" .-. VENDORS FIRST GENESIS LAWN & JP COMMERCIAL CLEANING, INC A PERFECT TIMING IIV INC. JANITORIAL SERVICE, INC. DBA INTER KLEEN DBA JUST IN TIME JANITORIAL P.O. BOX 244061 1599 SW. 30TH AVENUE,STE 4 P.O. BOX 1173 BOYNTON BEACH, FL 33411 BOYNTON BEACH, FL 33426 LAKE WORTH, FL 33460 PH: (561) 523-0946 PH: (561) 732-1818 PH: (561) 860-6900 ----. CONFIRMATION OF MINORITY OWNED YESIYES PBC OFFICE OF BUSINESS SUBMITTED SMALL BUSINESS YES/NOT A MINORITY YES/NOT A ASSISTANCE OWNED BUSINESS MINORITY OWNED BUSINESS ---... -.-.- ------- ~._-"._._,."'" .- --,. ..--........_. - - ."-." ~--- CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES YES YES --,._----~"_._----- ----_....~--"-_._-_._-----~---_.._...._- ------ "____.____._.~"_~"._ _V_'__._~_.___"'. ..- COMMENTS _.~-_.--. -~-_._- ---.-."--- .-.-.-'----- '-". "' ....~.__.".._~.~ ._."._~-" -. ::3r1eet ~) L\NNUAl ' uN I kAt i f u~:.: IA.l\ll: ukLL\! ;)t:kVILL ,-l iH~- uNKS (I. i t$UYN I UN BEACH !..:jUU (~UURSE: BID:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE "Offers from the vendors listed herein are the only offers BID: DUE DATE: OCTOBER 23, 2008 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 003-291 0-09/JA if any, are hereby rejected as late" VENDORS KLEEN MASTER, INC. M.P.CLEANING SERVICES MAGIC CLEAN, INC. I OF FLORIDA 1125 NE 125 ST. P.O. BOX 882165 3244 WEST CAT CAY ROAD NORTH MIAMI, FL 33161 PORT ST. LUCIE, FL 34988 LANTANA, FL 33462 PH: (305) 981-0745 PH: (772) 224-9708 PH: (561) 572-1440 FAX (305) 357-3752 FAX: (772) 904-6009 FAX: NO FAX CONTACT: MICHAEL GREENSPAN CONTACT: TUBALCAIN PIRELA CONTACT: MAURICIO MELANA TOTAL AMOUNT PER WEEK $542.00 $569.00 $660.00 TOTAL AMOUNT PER MONTH $2,346.86 NOBID $2,860.00 ADDITIONAL WORK PER HOUR $30.00 $11.50 $15.50 NUMBER OF BID PROPOSALS SUBMITTED ONE ONE ONE ONE ORIGINAL AND THREE COPIES SUBMITTED YES YES YES SPECIFICATION CHECK OFF SHEETS SUBMITTED YES YES YES LIST OF REFERENCES SUBMITTED YES YES YES CURRENT CONTRACTS ON HAND SUBMITTED YES YES YES ANTI-KICKBACK SUBMITTED YES YES YES Sheet 4 ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE "Offers from the vendors listed herein are the only offers BID: DUE DATE: OCTOBER 23, 2008 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 003-291 0-09/JA if any, are hereby rejected as late" - - ..-- -1 VENDORS KLEEN MASTER, INC. M.P.CLEANING SERVICES MAGIC CLEAN, INC. OF FLORIDA 1125 NE 125 ST. P.O. BOX 882165 3244 WEST CAT CAY ROAD NORTH MIAMI, FL 33161 PORT ST. LUCIE, FL 34988 LANTANA, FL 33462 PH: (305) 981-0745 PH: (772) 224-9708 PH: (561) 572-1440 --.- CONFIRMATION OF MINORITY OWNED YES/NOT A YES/CERTIFIED/OFFICE OF SUPPLIER YES/NOT A MINORITY BUSINESS SUBMITTED MINORITY OWNED BUSINESS STATE OF FL (PENDING) OWNED BUSINESS -_...._~- _..~---- '-- -------'--------- "'-'1 CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES YES YES --_._-_.~~.._..." - ,~_.~._~.~,...._'Ou"._,___._.._^_ ,__..," __"_~..._._ .~.__."--~-_._-_._~.~---_._- -~ -".~- --_..,.._._~--".-.._.__._+...- COMMENTS ~~....+-_...--- ~~-~-_._,.- - _.~-_.,-"_.---_..- .-.--,.-.--,-, - .... -_.__..----------,,~-~~.__._----_. -"-'-"'--'-."--'--'- - Sheet 4 M,Jf\JUJ\1 ., :l)N I HAC: ! f UJ-.: .IANII UR1Ai SEkVIC!:- !-\ - . 1 HE: : iNK::-; !\! BUYN I em BEAd, GOLi ,_~UURSF BID:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE "Offers from the vendors listed herein are the only offers BID: DUE DATE: OCTOBER 23,2008 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 003-291 0-09/JA if any, are hereby rejected as late" VENDORS MAlA CLEANING SERVICES, DBA OMEX OFFICE MAl NT. EXPERTS OMNI BUSINESS GROUP, INC. I MAlA LAWN & LANDSCAPE SVCS, INC. 6940 STONEY CREEK CIRCLE 1599 S.W. 30TH AVE. STE 7 6701 MALLARDS COVE RD 24 E LAKE WORTH, FL 33467 BOYNTON BEACH, FL 33426 JUPITER, FL 33458 PH: (561) 723-9605 PH: (561) 742-9333 PH: (561) 255-1195 FAX:(561) 964-6448 FAX: (561) 742-9344 FAX: NO FAX CONTACT: CLAUDIA RODRIGUEZ CONTACT: RANDY MILBERG CONTACT: MONIQUE REED TOTAL AMOUNT PER WEEK $620.00 $1,037.00 $593.75 TOTAL AMOUNT PER MONTH $2,687.00 $4,494.00 $2,375.00 ADDITIONAL WORK PER HOUR $20.00 $35.00 $17.00 NUMBER OF BID PROPOSALS SUBMITTED ONE ONE ONE ONE ORIGINAL AND THREE COPIES SUBMITTED YES YES YES SPECIFICATION CHECK OFF SHEETS SUBMITTED YES YES YES LIST OF REFERENCES SUBMITTED YES YES YES CURRENT CONTRACTS ON HAND SUBMITTED YES YES NO ANTI-KICKBACK SUBMITTED YES YES YES Sheet 5 ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE "Offers from the vendors listed herein are the only offers BID: DUE DATE: OCTOBER 23, 2008 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M, All other offers submitted in response to this solicitation, BID # 003-291 0-09/JA if any. are hereby rejected as late" .. I VENDORS MAlA CLEANING SERVICES, DBA OMEX OFFICE MAl NT. EXPERTS OMNI BUSINESS GROUP, INC. MAlA LAWN & LANDSCAPE SVCS, INC. 6940 STONEY CREEK CIRCLE 1599 S.W. 30TH AVE. STE 7 6701 MALLARDS COVE RD 24 E LAKE WORTH, FL 33467 BOYNTON BEACH, FL 33426 JUPITER, FL 33458 PH: (561) 723-9605 PH: (561) 742-9333 PH: (561) 255-1195 CONFIRMATION OF MINORITY OWNED YES/NOT A MINORITY YES/NOT A YES/NOT A MINORITY BUSINESS SUBMITTED OWNED BUSINESS MINORITY OWNED BUSINESS OWNED BUSINESS -- f------ ~---'---.1 CONFIRMATION OF DRUG FREE YES YES YES WORKPLACE SUBMITTED --_.-- ~-,. - .__..~- ~-~~--~- ".-- l COMMENTS - _.____..___..____M_ ._J '~Ileet :) !-I,NNUJ.I,i (,fiN I f~J\C! l'Uk JA.Ni! UkLi\L Sf::h. _ .,JE f-OR THE L.INKS p, f BOYNTON BEACH BID:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE "Offers from the vendors listed herein are the only offers BID: DUE DATE: OCTOBER 23,2008 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 003-291 0-09/JA if any, are hereby rejected as late" VENDORS RANDCOL JANITORIAL SERVICES SIBLlNGZ CLEANING CONCEPTS, SWIFFER CLEANING LLC. I SUITE 105 INC. 8551 WEST SUNRISE BLVD. 2101 VISTA PARKWAY, #4007 9957 EQUUS CIRCLE PLANTATION, FL 33322 WEST PALM BEACH, FL 33411 BOYNTON BEACH, FL 33472 PH: (954) 497-9900 PH: (561) 228-6179 PH: (561) 337-4992 FAX: (954) 497-1894 FAX: (877) 433-0813 FAX: (561) 337-5025 CONTACT: COLIN MCDONALD CONTACT: MONICA THOMPKINS CONTACT: ODETTE FLEURIV AL TOTAL AMOUNT PER WEEK $551.88 $534.50 $618.00 TOTAL AMOUNT PER MONTH $2,207.52 $2,138.00 $2,678.00 ADDITIONAL WORK PER HOUR $13.14 $20.00 $12.00 NUMBER OF BID PROPOSALS SUBMITTED ONE ONE ONE lONE ORIGINAL AND THREE COPIES SUBMITTED YES YES YES SPECIFICATION CHECK OFF SHEETS SUBMITTED YES YES YES LIST OF REFERENCES SUBMITTED NO YES YES CURRENT CONTRACTS ON HAND SUBMITTED NO YES NO ANTI-KICKBACK SUBMITTED YES*** YES YES Sheet 6 ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE BID:ANNUAL GONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTONBEACHGOLFCOURSE "Offers from the vendors listed herein are the only offers BID: DUE DATE: OCTOBER 23,2008 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 003-291 0-09/JA if any. are hereby rejected as late" ------- SIBLlNGZ CLEANING CONCEPTS, SWIFFER CLEANING LLC.d'-1 VENDORS RANDCOL JANITORIAL SERVICES SUITE 105 INC. 8551 WEST SUNRISE BLVD. 2101 VISTA PARKWAY, #4007 9957 EQUUS CIRCLE PLANTATION, FL 33322 WEST PALM BEACH, FL 33411 BOYNTON BEACH, FL 33472 PH: (954) 497-9900 PH: (561) 228-6179 PH: (561) 337-4992 CONFIRMATION OF MINORITY OWNED YES/CERTIFIED YES/NOT A MINORITY YES/CERTIFIED BUSINESS SUBMITTED FRMBC OWNED BUSINESS PBC OFFICE OF SMALL BUSINESS ASSISTANCE --_._- . --,",-- CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES YES YES .. ___.__'_"0 -- .,...-----------.-- .-..,.---.-.....- ---_. .-..-..-...-,..---..-..,.......... -..-.. -. -- COMMENTS ANTI-KICKBACK AFFIDAVIT NOT NOTORIZED ...... .- -...-,' ......-..----....-.-..--...........,..--....,.... ...........--.... Sileet b .'.J\j N U f\L uN! FV\(.. i '-UI-<, J,I\i'J!! l.miAL ':)ERViCl:: f-C,.. rHE UNf<',:::> i:",l f30YNTON BEACI i GOLF COURSE BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE "Offers from the vendors listed herein are the only offers SID: DUE DATE: OCTOSER 23,2008 received timely as of the above receiving date and time. SID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, SID # 003-291 0-09/JA if any, are hereby rejected as late" VENDORS TURN KEY SERVICES, INC. P.O. BOX 970168 COCONUT CREEK, FL 33097 PH: (954) 761-2555 FAX: (954) 970-0692 CONTACT: LILLIAN MARCHEL TOTAL AMOUNT PER WEEK $544.00 TOTAL AMOUNT PER MONTH $2,176.00 ADDITIONAL WORK PER HOUR $11.50 NUMBER OF BID PROPOSALS SUBMITTED ONE [ONE ORIGINAL AND THREE COPIES SUBMITTED YES SPECIFICATION CHECK OFF SHEETS SUBMITTED YES LIST OF REFERENCES SUBMITTED NO CURRENT CONTRACTS ON HAND SUBMITTED NO/NONE ANTI-KICKBACK SUBMITTED YES Sheet 7 ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE BIO:ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE "Offers from the vendors listed herein are the only offers BID: DUE DATE: OCTOBER 23,2008 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID # 003-291 0-09/JA if any, are hereby rejected as late" _._~- .__.~_.._-----~.- VENDORS TURN KEY SERVICES, INC. P.O. BOX 970168 COCONUT CREEK, FL 33097 PH: (954) 761-2555 FAX: (954) 970-0692 __"~""~_'.__~J__~_ u,,___ ','. ___._.~,._._,_._..________~..___..~ CONFIRMATION OF MINORITY OWNED YES/NOT A MINORITY BUSINESS SUBMITTED OWNED BUSINESS ,~.- __._.__. _ _ _ .._.._ ... ...._~._~_.__._._~~~._.....".___..""_______""r_." CONFIRMATION OF DRUG FREE WORKPLACE SUBMITTED YES , ----~._~,_.""--"._"^~.~ ~._+ -- --.-. COMMENTS ,-_.._--~. "_ _"__'''M~''___ Sneer I ANNUAi ,.\.A~ r f<AC r Uh ,jAf,,! fURIAI ~~ER'v ICL 1-,.. . THE:. Lii..JK:.:i Ai i::lUYN i UN BEACH C;OLF \~UURSE "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING AGREEMENT FOR "ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE" THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and CLEANING QUALITY SERVICES US CORP. hereinafter referred to as "the Bidder", in consideration ofthe mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Bidder is retained by the City to perform custodial services in connection with the bid designated "ANNUAL CONTRACT FOR JANITORIAL SERVICE FOR THE LINKS AT BOYNTON BEACH GOLF COURSE" . Bid #003-2910- 09/JA 2. SCOPE OF SERVICES. Bidder agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment, and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Bidder to proceed. Bidder shall perform all services and provide all work required pursuant to this agreement by December 16. 09. unless an extension of such time is granted in writing by the City. 4: PAYMENT. The Bidder shall be paid by the Golf Course for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by contactor shall be made as provided on exhibit "A" attached hereto, provided that the total amount of payment to Bidder shall not exceed $23.472.00. annually, without express written modification of the agreement signed by the City. Final payment of any balance due the Bidder of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work as provided on Exhibit "A". The Bidder's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made upon request. 5. COMPLIANCE WITH LAWS. Bidder 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. 6. INDEMNIFIC A TION. Bidder shall indemnif)', defend and hold harmless the City. '1' offices, agents and employees, from and against any and all claims, losses or !lability, or an \ portion thereof. including attorneys fees and costs, arising from injury or death to perSOli' including injuries, sickness, disease or death to Bidder's own employees. or damage to proper! \ occasioned by a negligent act, omission or failure of the Bidder. 7. INSURANCE. The Bidder shall seeure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of S 1,000,000 per occurrence and $1,000,000 aggregate for personal lllJury; and S 1.000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of S 1,000,000 (see Attachment' A"). 8. INDEPENDENT BIDDER. The Bidder and the City agree that the Bidder is an independent Bidder 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 Bidder nor any employee of Bidder 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 Bidder, or any employee of Bidder. 9. COVENANT AGAINST CONTINGENT FEES. The Bidder warrants that he has not employed or retained any company or person, other than a bona fide employee working solei) for the Bidder, to solicit or secure this contract, and that he has not paid or agreed to pay an) company or person, other than a bona fide employee working solely for the Bidder, any fee. commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from 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 price or consideration, or otherwise recover, the full amount of sucb fee commission, percentage, brokerage fee, gift, or contingent fee. 10. DISCRIMINATION PROHIBITED. The Bidder, 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. 11. ASSIGNMENT. The Bidder shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 12. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 13. TERMINA TION. If the business relationship is deemed to be unsatisfactory by either the bidder or the Links for any reason, the contract may be ended by either party with 24 hours written notice with no further labor or financial considerations being considered due. In the event of the death of a member, partner or officer of the Bidder, or any of its supervisory personnel assigned to this agreement, the surviving members of the Bidder hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Bidder and the City, if the city so chooses. 14. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attention: Scott Wahlin Notices to Bidder shall be sent to the following address: Cleaning Quality Services US Corp. 711 N. 69th Way Hollywood, FI 33024 Attn: Glady Castro 16. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Bidder 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 Bidder. DATED this _ day of 200 - CITY OF BOYNTON BEACH Mayor Bidder Title Attest/Authenticated: (Corporate Seal) City Clerk Approved as to Form: Attest/ Authenticated: Office of the City Attorney Secretary VI.-CONSENT AGENDA ITEM B.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8J December 16, 2008 December 1,2008 (Noon) o February 17, 2009 February 2, 2009 (Noon) o January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon) o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon) o February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon) ~ ~ 0 0 0 ~~ Announcements/Presentations City Manager's Report CO ~ NATURE OF 0 Administrative 0 New Business ~ n""l"1 AGENDA ITEM [gI Consent Agenda 0 Legal N ;;~ _ ::lll-< o Code Compliance & Legal Settlements 0 Unfinished Business ~z; :PO <A ~ o Public Hearing 0 :x 0 i 5i1 RECOMMENDATION: A motion to approve a piggy-back ofRFP #B-06-18, Town of Davie .'.,' R&S Integrated Products and Services of Lakeland, Florida for an Agenda Automation Workflow :::tl Software in the amount of: $ 40,455.00 and $4,375.00 for CRA as an additional meeting body to include Software support and annual maintenance for a total expenditure of: $44,830.00 EXPLANATION: On September 2, 2008, Commission approved the purchase of an "E-Agenda" software. After researching other entities that purchased this software we found that R& S would service our needs more than other companies software that is offered on the market. Staff researched and did their due diligence to gather all the information needed for this purchase. The differences in cost between the city of Boynton Beach and town of Davie is based on a different licensing model (more professional service hours, more user licenses, i.e. submitters, reviewers, and additional boards or instances) . The objective of the R&S Agenda Automation Workflow Software is to automate the agenda creation, production, distribution and management tasks at the City and improve the efficiency of the agenda process throughout the City. Additionally the system will improve effectiveness and application of Agenda document management, including but not limited to: storage, distribution, retrieval, retention, archival, disaster recovery, and integration with existing systems. This system will eliminate paper whenever possible, (approximate cost savings of: $6,000.00), accomplish increased staff productivity and give the city cost reductions in agenda printing, paper usage, document distribution costs, document storage space and paper filing. Automated workflow will route S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Janet Prainito - City Clerk File CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM submitted items to the designated authority for approval, as defined by the user. Notification of item status will be provided by automated e-mail from within the Easy Agenda Pro environment. PROGRAM IMPACT: The purpose of the purchase of the Agenda Automation Workflow Software IS to streamline workload and to make the agenda process seamless and more efficient. FISCAL IMPACT: The cost for software will be $44,830.00 including eRA's portion to include software support and annual maintenance Account #: Expenditure: 001-1310-512-64-14 $40,455.00 001-5165-02-00 $ 4,375.00 $44,830.00 A L TERN A TIVES: : To continue preparing the agenda manually ~ . w!lo?~ Department Head's Signature City Manager's Signature b,O Jr ~ f--Lv-- - ...... Proc erne m ces S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC C: Janet Praimto - City Clerk File . . I I 1 2 RESOLUTION NO. R-08 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 APPROVING THE PIGGY-BACKING OF RFP #B-06- 7 18 TOWN OF DAVIE WITH R&S INTEGRATED 8 PRODUCTS AND SERVICES OF LAKELAND, 9 FLORIDA FOR AN AGENDA AUTOMA TION 10 j; WORKFLOW SOFTWARE IN THE AMOUNT OF 11 I $40,455.00 AND $4,375.00 FOR CRA AS AN 12 ADDITIONAL MEETING BODY; AUTHORIZING 13 THE CITY MANAGER TO EXECUTE A CONTRACT 14 BETWEEN THE CITY OF BOYNTON BEACH AND 15 R & S INTEGRATED PRODUCTS AND SERVICES, 16 INC. FOR A TOTAL EXPENDITURE OF $44,830.00; 17 PROVIDING AN EFFECTIVE DATE. 18 19 WHEREAS, on September 2, 2008, the City Commission approved the purchase 20 of "E-Agenda" software; and 21 WHEREAS, R & S Integrated Products and Services of Lakeland, Florida was 22 found to be able to service the City's needs more than other companies software that is 23 offered on the market; and 24 WHEREAS, the City of Boynton Beach desires to retain the services of R & S 25 Integrated Products and Services of Lakeland, Florida. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. Each Whereas clause set forth above is true and correct and 29 incorporated herein by this reference. 30 Section 2. The City Commission of the City Of Boynton Beach, Florida, 31 ereby approves the piggy-backing of a Town of Davie RFP #B-06-18 with R & S 32 ntegrated Products and Services of Lakeland, Florida for an Agenda Automation :\CA\RESO\Agreements\Bid Awards\Piggy-backing Davie RFP with R&S.doc 1 Workt10w Software in the amount of $40.455.00 and $4.;' 75.00 fl.)]' ('RA as ar) additiunal 2 meeting body to include software support and annual maintenance for a total expenditure 3 of $44.830.00. 4 Section 3. The City Commission of the City of Boynton Beach hereb\ 5 authorizes the City Manager to execute a Contract between the City of Boynton Beach and 6 R&S Integrated Products and Services. Inc.. a copy of which is attached hereto as Exhibit 7 "A". 8 Section 4. That this Resolution shall become effective immediately. 9 PASSED AND ADOPTED this day of December. 2008. 10 11 CITY OF BOYNTON BEACH. FLORIDA 12 13 --,---~~._--- ~."-_._. 14 Mayor ~ Jerry Taylor 15 16 17 Vice Mayor. Jose Rodriguez 18 19 20 Commissioner -- Ronald Weiland 21 22 23 Commissioner- Woodrow L. Hay 24 25 ----~~ 26 , Commissioner ~ Marlene Ross 27 [ATTEST: 28 i I 29 ! , ~~- 30 panet M. Prainito. CMC 31 !City Clerk ! 32 33 34 kCorporate Seal) I is:\CA\RESO\Agreements\Bid Awards\Piggy-backing Davie RFP with R&Sdoc Automated Agenda Workflow Solution Project Contract BETWEEN the <Client project> AND R&S Integrated Products and Services, Inc. THIS CONTRACT is between City of Boynton Beach, whose address is 100 E. Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida (hereinafter referred to as ("city") and R&S Integrated Products and Services, Inc., a Florida corporation, 3816 Industry Blvd., Lakeland, FL 33811, authorized to do business in Florida (hereinafter referred to as "R&S"). In consideration of the mutual terms and promises set forth below, the city and R&S agree as follows: 1. Services R&S' responsibility under this Contract is to provide an Automated Agenda Workflow Solution, or AAWS, professional services, a technical support and maintenance program, and document conversion services as described in documents: The city's representative/liaison during the performance of this Contract shall be Janet Prainito, City Clerk, telephone# 561-742-6061 or designee. R&S' representative/liaison during the performance of this Contract shall be Robert Porter, President/CEO, telephone number (863) 709-8044, or Deanna Porter, Chief Financial Officer, telephone number (863) 709-8044. 2. Payments R&S will bill the city for software delivered and services rendered toward the completion of the work listed in the above referenced RFP and RFP response at the rates listed in said response. Payments shall be authorized at the completion of each stage of the contract. Invoice shall be submitted to: City of Boynton Beach ATTN: Janet Prainito TITLE: City Clerk 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FI 33425-0310 Invoices received from R&S pursuant to this Contract will be reviewed and approved by the city's representative, indicating that software and hardware products have been delivered, and/or professional services have been rendered in conformity with the Contract, and then will be sent to the Accounts Payable Department for payment. Invoices will generally be paid within thirty (30) days following the city representative's approval. Final Invoice: In order for both parties herein to close their books and records, R&S will clearly state "final invoice" on R&S' final/last billing to the city. This certifies that all services have been properly performed and all charges and costs have been invoiced to the city. Since this account will thereupon be closed, any and other further charges, if not properly included on this final invoice, or which are in excess of the not to exceed amount, are waived by R&S. Automated Agenda Workflow Solution - Project Contract 3. Initial Contract Period and Contract Renewal The initial contract period shall begin with the issuance of a purchase order, installation and testing of an AA WS solution, completion of training, and final acceptance of the AAWS. AAWS Support and Maintenance will continue for one year from the date of system acceptance or first production use of the system. In addition, the city reserves the right to renew the support contract for additional year periods, under the same terms, conditions and specifications contingent upon mutual agreement and city council approval. 4. Access and Audits R&S shall maintain adequate records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion of this Contract. The city shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at R&S' place of business. 5. Truth-In-Neaotiation Certificate Signature of this Contract by R&S shall also act as the execution of a truth-in-negotiation certificate certifying that the wage rates, over-head charges, and other costs used to determine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract and no higher than those charged R&S' most favored customer for the same or substantially similar service. The said rates and costs shall be adjusted to exclude any significant sums should the city determine that the rates and costs were increased due to inaccurate, incomplete or concurrent wage rates or due to inaccurate presentation of fees paid to outside contractors. The city shall exercise its rights under this clause within three (3) years following final payment 6. Insurance ReQuirements R&S agrees to maintain, on a primary basis and at its sole expense, at all times during the life of this contract the following insurance coverage and limits, including endorsements described herein. The requirements contained herein, as well as the city's review or acceptance of insurance maintained by Contractor, is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract Commercial General Liability: Contractor agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Business Automobile Liability: Contractor agrees to maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall include liability for Owned, Non-Owned & Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non- Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. 1'\___ I') ....~ 0 Automated Agenda Workflow Solution - Project Contract Worker's Compensation Insurance & Emplovers Liabilitv: Worker's Compensation Insurance to apply for all employees in compliance with the Worker's Compensation Insurance law of the State of Florida and all applicable Federal laws. Such policy must include Employer's Liability insurance in the amount of $1,000000.00 for each accident, $500,000.00 disease (policy limit), and $100,000.00 disease (each employee). 7. Patents and Rovalties: R&S, without exception, shall indemnify and save harmless the city and its employees from liability of any kind including cost and expenses for or on account of any copyrighted, patented or unpatented invention, process or article of manufacture or lot and any article used in the performance of the contract, including its use by the city. If R&S uses any design, device or materials covered by letters, patent or copyright, it is mutually agreed, and understood without exception that the proposal prices shall include all royalties or cost arising from the use of each design, device or materials in any way involved in the work. 8. Contract ContinuitvlTransitional Period: In the event the services are scheduled to end either by contract expiration or by termination by the city (at the city's discretion), it shall be incumbent upon R&S to continue the service, if requested by the city, until new services can be completely operational. At no time shall this transitional period extend more than ninety (90) days beyond the expiration date of the existing contract. R&S will be reimbursed for this service at the rate in effect when this transitional period clause is invoked by the city. 9. Contracts OverlappinQ Fiscal Years: When a contract's terms extends beyond the fiscal year in which the contract commences, the city will issue a new Purchase Order to cover its needs for the balance of the fiscal year and a new purchase order will be issued to correspond with the remaining months of the contract that extends into the next fiscal year. Issuance of a new Purchase Order shall be subject to the availability of budgeted funds. 10. Termination For Cause If, through any cause, R&S shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if R&S shall violate any of the provisions of this Contract, the city may, upon a three (3) day written notice to R&S, immediately terminate the right of R&S to proceed under this Contract or with such part or parts of the Contract as to which there has been default, and may hold R&S liable for any damages caused to the city by reason of such default and termination. In the event of such termination, any completed services performed by R&S under this Contract shall, at the option of the city, become the city's property and R&S shall be entitled to receive equitable compensation for any work completed to the satisfaction of the city, less any amounts which the city reasonably deems necessary to withhold in order to correct any defects or deficiencies in the work performed by R&S. R&S, however, shall not thereby be relieved of liability to the city for damages sustained by the city by reason of any breach of the Contract by R&S, and the city may withhold any payments to R&S for the purpose of set off until such time as the amount of damages can be determined. Page 3 of 8 Automated Agenda Workflow Solution - Project Contract R&S shall not be held liable for damages under this article solely for reasons of delay if the delay IS due to causes beyond its control and without its fault or negligence, but this shall not prevent the city from terminating thiS Contract because of such delay. In no event shall the city pay for profit or overhead on work not performed 11. Termination For Convenience This Contract may be terminated by the city without cause upon thirty (30) day written notice to R&S. In the event of such a termination without cause, R&S shall be compensated for all services, together with reimbursable expenses incurred. In such event, R&S shall promptly submit to the city its invoice for final payment and reimbursement under the terms of this Contract. 12. Indemnification R&S shall indemnify and save harmless and defend the city, its agents, servants, and employees from and against any and all claims, liability, losses, and/or cause of action which may arise from any negligent act or omission of R&S, its agents, servants, or employees in the performance of services under this Contract. R&S further agrees to indemnify, save harmless and defend the city, its agents, servants and employees from and against any claim, demand or cause of action whatsoever kind or nature arising out of any conduct or misconduct of R&S not included in the paragraph above and for which the city, its agents, servants or employees are alleged to be liable. 13. Independent Contractor R&S is an independent contractor under this Contract. Personal services provided by R&S shall be by employees of R&S and subject to supervision by R&S, and are not officers, employees, or agents of the city. Personnel policies, tax responsibilities, purchasing policies and other similar administrative procedures applicable to services rendered under this Contract shall be those of R&S. 14. Authoritv to Practice R&S hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the city's representative upon request. 15. Severabilitv If any term or provision of this Contract or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. n___ A -.~ 0 Automated Agenda Workflow Solution - Project Contract 16. Governina Law/JurisdictionNenue The Contract shall be construed in accordance with and governed by the law of the State of Florida. The parties agree to Jurisdiction for any action arising out of or relating to this Contract in any Florida state or federal court. Venue for any action arising out of or relating to this Contract shall lie in Palm Beach County, Florida. 17. Successors and Assians The city and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. R&S shall not assign this Contract without written consent of the city. 18. Conflict of Interest R&S 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 hereunder, as provided for in Section 112.311, Florida Statutes. R&S further represents that no person having any interest shall be employed for said performance. R&S shall promptly notify the city's representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest, or other circumstances, which may influence or appear to influence R&S' judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that R&S may undertake and request an opinion of the city as to whether the association, interest or circumstance would, in the opinion of the city, constitute a conflict of interest if entered into by R&S. The city agrees to notify R&S of its opinion by certified mail within thirty (30) days of receipt of notification by R&S. If, in the opinion of the city, the prospective business association, interest or circumstance would not constitute a conflict of interest by R&S, the city shall so state in the notification and R&S shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the city by R&S under the terms of this Contract. Conversely, if, in the opinion of the city the prospective business association, interest, or circumstance would constitute a conflict of interest by R&S, R&S, shall not enter into said association, interest, or circumstance. 19. Continaent Fees R&S warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for' R&S to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for R&S, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. Page 5 of 8 Automated Agenda Workflow Solution - Project Contract 20. Nondiscrimination R&S warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 21. Public Entity Crimes As provided in Sections 287.132 and 287.133, Florida Statutes, by entering into this Contract or performing any work in furtherance hereof, R&S certifies that it, its affiliates, suppliers, subcontractors and Contractors 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 36 months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 22. Modifications of Work The city reserves the right to make changes in Scope of Services, including alterations, reductions therein or additions thereto. Upon receipt by R&S of the city's notification of a contemplated change, R&S shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the city of any estimated change in the complete date, and (3) advise the city if the contemplated change shall effect R&S' ability to meet the completion dates or schedules of this Contract. The parties agree to negotiate in good faith changes in the Scope of Services that may occur. If the city so instructs in writing, R&S shall suspend work on that portion of the Scope of Services affected by a contemplated change, pending the city's decision to proceed with the change. If the city elects to make the change, the city shall initiate a Contract Amendment and R&S shall not commence work on any such change until such written amendment is executed by the parties hereto with the same formality as the original. 23. Notice All written notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the city, shall be mailed to: City of Boynton Beach ATTN: Janet Prainito TITLE: City Clerk 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FI 33425-0310 D.....,..,.... a. ,.".f Q Automated Agenda Workflow Solution - Project Contract and if sent to R&S Integrated, shall be mailed to: R&S Integrated Products and Services, Inc. Attn: Deanna Porter Dean na@rsoasis.com Address: 3816 Industry Blvd. Lakeland, Florida 33811 Shipping Address: P. O. Box 3585 Lakeland, FL 33802 24. Entiretv of Contract The city and R&S agree that this Contract sets forth the entire Contract between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto with the same formality as the original. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: City Manager Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed R&S Integrated in the presence of: President or Vice President Attest as to CONTRACTOR State of Florida ) ) ss: County of Palm Beach ) Page 7 of 8 Automated Agenda Workflow Solution - Project Contract On this day of ,20_, personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or- who has produced as identification and who executed the foregoinq instrument and has acknowledged before me that they have executed same Notary Public My Commission Expires: r-'l.____ 0 _L 0 e-Agenda jre Comparison PRODUCT NAME ----> Laserfiche Agenda Manager MCCi MuniAgenda R&S Easy Agenda Software $29,955.00 $37,225.00 $34,955.00 Minutes module none 1,500.00 included Cost - Software $29,955.00 $38,725.00 $34,955.00 HARDWARE & ELECTRICAL: Portable computers for dais (8 units) $13,680.00 $13,680.00 $13,680.00 Electrical outlets installation (dais) 650.00 650.00 650.00 Cost - Hardware & Electrical 14,330.00 14,330.00 14,330.00 Cost - Software Support & Maintenance (annual) 4,500.00 4,225.00 5,500.00 TOTAL COST ----> $48,785.00 $57,280.00 $54,785.00 Optional: Additional meeting body - license $1,000.00 $4,500.00 $3,500.00 Additional meeting body - annual maintenance 320.00 400.00 875.00 Cost - additional meeting body $1,320.00 $4,900.00 $4,375.00 COST - GRAND TOTAL (includes Optional) _no> $50,105.00 $62.180.00 $59,160.00 PRODUCT FEATURES: ; Multiple customizable workflows? Yes - somewhat Yes Yes Incorporate current agenda template? No Yes Yes Support file attachments to agenda items? Yes Yes Yes Include status tracking/audit trail? No Yes Yes Support revisions and re-submittals? Yes Yes Yes Printable complete agenda packet? Yes Yes Yes Agenda publish-to-Web feature? Yes Yes Yes REMARKS: I. Software quotes include setup & training. 2. Minutes module included with R&S Easy Agenda 3. Hardware: $12,800 PC's, $880 UPS units 4. Software support & maintenance: Easy Agenda includes annual project review (4 hours) 5. Addt'l. meeting body (Easy Agenda) $0 for same person Agenda Coordinator / Administrator 6. Electrical: 5 duplex outlets for dais PC's 7. Rollout period: 4-8 months 3816 Industry Blvd, Lakeland, FL 33811 Voice: 863.709.8044 Facsimile: 863.709.8330 "'- n tH~e www.rsoasis.com I. ,:;~ "t ~" r R&S Integrated Products and Services, Inc. Agenda Automation & Management Software Solutions - ~.__._._.._-_._-_._-_.- ~--_.- ._....._._--_._-_._-~--~._----_.- Town of Davie Proposal for Agenda Automation Workflow Software (AAWS) In Response to Town of Davie RFP #8-06-18 For Agenda Automation Workflow Software Closing Date January 31, 2006 @ 2:00 PM EST Presented by R&S Integrated Products & Services, Inc. 3816 Industry Blvd. ~ Lakeland, Florida 33811 Office: 863-709-8044 salesc<v.rsoasis.com www.rsoasis.com Contact: Michael R. Hagins - Director, Sales and Marketing Proposal Number: TOD2006Q102 Original January 31,2006 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) Table of Contents 1.0 I ntrod uctio n .................................................................................................................... ............ .......... 3 ~ Cover Letter......................................................... ........................... ........................................... ...... 3 ~ Company Vision.. .......... ....... ... .......... .................... .......... .......... .......... .......... ............... ... ........ .........4 ~ Project Understanding and Commitment............. .................. ............ ........... ...................................6 2.0 Response to RFP ... ....... .......... .......... .......... ............................... .................... ................... .......... ......... 8 ~ Solution OveNiew ............ .......... ................................................................................... ................... 8 ~ R&S Integrated's EasyAgenda Pro Solution.................................................................................... 8 ~ EasyAgenda Set-Up and Workflow Management ...........................................................................9 ~ Document Imaging, Agenda Management, and Records Archival................................................ 17 ~ Building Electronic Council Agenda ..................... .......... .................. .......... ........... ....... ........... ....... 18 ~ Management of Electronic Attachments ...... ....... ......... ..... .......... ........................ ............ ........ ....... 19 ~ Action Agenda, Minutes, and Voting Results for Agenda Items .................................................... 19 ~ Event and Approval Logs... .................... .......... ... ....... .......... ....... ... ............................... ................. 19 ~ Technical Requirements (RFP Section I) ...................................................................................... 22 3.0 Vendor References ........... ....... ... ...... ...... .......... ..... ..... .......... ................ .......... .......... .......... ....... ........ 25 ~ EasyAgenda Client References, Projects .............. ......... ......... .... ........... ......... .... ...... .... ........ ........ 26 ~ Reference Lists.... ................................................................................... ....................................... 27 4.0 General Statement of Experience. ..... ................... ......... .................. ................... ......... ............ ........ 30 5.0 0 peration al Plan................................................................................................................................. 31 ~ Project Scope................................... ................... ................................................................... ........ 31 ~ Initial Project Meeting and Requirements Definition Workshop ....................................................31 ~ Project Management...................... ................................................................................................ 31 ~ Development and Customization ................... ............ .... .......... ...... .................... .............. ...... ........32 ~ Site Preparation Visit...................................................................................................................... 32 ~ On-Site System Installation, Integration, and Configuration.......................................................... 32 ~ Training .............. ................. .......................................................................................................... 32 ~ Production Testing......................................................................................................................... 32 ~ Assumptions and Dependencies ...................................................................................................33 ~ Project Implementation Personnel............ .............. ....... ....... ............................... ....... ... ...... ..........33 ~ Professional SeNices and Technical Support ............................................................................... 36 R&S Integrated Products and Services, Inc. Page 1 Town of Davie January 31,2006 Agenda Automation Workflow Software (AAWS) -~~_._~~ -- -_..._--~~_.- - - 6.0 Com pensation .......................... .........................................................,................,.......................... -".... 38 .,. Proposal Pricing Summary ......., 38 .,. Software Summary...".........,."..... ........" ..,.,.... ........ .,..38 .,.. Professional Services Summary.. ...... .. ... . ..... .......... .. ,.,..38 >- Annual Support and Maintenance Summary., ...... . .. . ..... ,38 .,.. Proposal Cost Summary .......................... ,.... ..,,"" .....,.. ,.41 7.0 Vendor/Bidder Disclosu re...... ...... ..................................................................................................... 42 8.0 EasyAgenda Brochure .............................. .......... .......... .......... ............. ................ ................. .... .... ....44 9.0 Server Hardware Recommendations ............................................................................................... 45 .".~--_._- ~~._- ------ R&S Integrated Products and Services, Inc. Page 2 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) 1.0 INTRODUCTION Town of David January 31, 2006 6591 Orange Drive Davie, Florida 33314-3399 A TIN: Purchasing - "Proposal for Agenda Automation Workflow Software" Ref: RFP # 8-06-18 - Agenda Automation Workflow Software Greetings Project Members, Enclosed is the R&S Integrated proposal response to the Town of Davie's ("Town"), Request for Proposals entitled "Agenda Automation Workflow Software", RFP# # 8-06-18, having a closing date of January 31, 2006. We have also provided additional product and project information for consideration, which is included in the Table of Contents. This additional information is provided to assist in understanding the details and comprehensiveness of the proposed solution and related services. Per the Town's stated intentions, the proposed solution, technologies and services will be installed, configured and integrated into the Town Clerk's offices and existing Town infrastructure. The R&S Integrated proposal presents licensing that will fully satisfy the Town's stated usage requirements. R&S and its principals are committed to providing the requested solution as defined in the RFP specifications and requirements. The following individuals are designated and authorized to answer questions and respond to communications concerning this project: Robert Porter - President / CEO Email: Robert@rsoasis.com Deanna Porter - Vice President / Treasurer, Director of Operations Email: Deanna@rsoasis.com Michael R. Hagins - Director, Sales and Marketing Email: sales~rsoasis.com John Van 8uskirk - Chief Technology Officer Email: support~rsosis.com Voice: 863.709.8044 Facsimile: 863.709.8330 R&S and I thank you this opportunity to participate in your project and vendor proposal evaluation. I look forward to our next communication concerning these matters. Regards, Robert E. Porter President / CEO Company Vision R&S Integrated Products and Services, Inc. Page 3 Town of Davie January 31,2006 Agenda Automation Workflow Software (AAWS) ~----- __..___._____n______.___ "........_ R&S Integrated - Corporate and Projects Profile R&S Integrated Products and Services, Inc. is a computer product and service company that specializes in document imaging/management, data capture, collaborative process automation (agenda process, budget process, etc.), and document/data conversion services. R&S Integrated was incorporated as a Florida corporation in October 1993. R&S was established and remains in Lakeland, Florida. We are considered a 'regional' company, focusing in the southeastern United States. However, through project demand and integration requirements, R&S may work anywhere in the United States and countries within the Western hemisphere. R&S Integrated currently has seven (7) people dedicated to project integration, onsite services, and technical support, and twelve (12) people dedicated to office management and document conversion production. The R&S corporate facility recently relocated from our 3,000 square foot tenant facility to a new 10,000 square foot building. This new facility supports all of R&S' operations, including our document conversion production activities. Working as an integrated team, R&S employees develop and successfully deploy departmental and enterprise-wide document processing, process automation and management solutions. The breadth of experience and knowledge of the R&S team, company wide, are brought to bear in completing these projects That same approach would be utilized in completing all work as stated in the Town's RFP. Due to the sensitive nature of document conversion services, and the context of documents processed (law enforcement documents, human resources files, and similar documents with sensitive and protected contenti all R&S employees must pass a Florida Department of Law Enforcement, FDLE, background check and sign non-disclosure agreements. R&S has been a document management, imaging, data capture, and process automation technologies systems integrator since our inception in October of 1993. For that same period (over twelve years), we have also been a trusted Laserfiche Value Added Reseller (VAR), making R&S the oldest established Laserfiche reseller in the world. R&S has also been an AnyDoc Software (formerly Microsystems Technology, Inc.) VAR and integrator of AnyDoc's sophisticated data capture and auto indexing technology for over eight years. Florida government entities such as cities, counties, and state departments are the 'target market' for R&S systems and solutions R&S is also considered to be a valuable resource by the document management/imaging VAR community Laserfiche is an enterprise level document imaging or Digital Records Management System with over 22,000 installations worldwide. This technology has been given several labels through the years - document imaging, electronic document management system, or EDMS, and digital records management AnyDoc is a premier data capture solution for structured and unstructured forms. ----_._-~.__.~-- - _.~--- ---------- -~----"---- R&S Integrated Products and Services, Inc. Page 4 T own of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) Included in the many R&S capabilities is our software development team. This group is responsible for a number of in-house developed 'middleware' applications, as well as software utilities that we regularly use in our integration tasks with existing client and legacy applications and databases. These products include Document Shuttle, EZVolume, EZFind, EzExtract, and EasyAgenda. R&S developed 'Document Shuttle' to provide an automated process to build or populate the Laserfiche Electronic Document Management System (EDMS) index structures. The Laserfiche template can be populated with record indices from existing systems or process data (with delimited or fixed length files, ASCII, output from data capture and existing RMS systems, and/or ODBC tables). Records can be named automatically with index and preset values; folders and subfolders can be created automatically. Document Shuttle will process file documents to the appropriate folder/subfolder during import from existing systems. Additionally, R&S developed 'EZVolume' to monitor Laserfiche data volumes for set capacities. For example, data volumes can be set for CD-R or DVD-R size. Once the data volume reaches that capacity, emails are automatically sent to designated users that certain data volumes have reached set capacities. EZVolume will then mark the data volume as 'Read Only' and create a subsequent data volume. This is a valuable tool for record managers and administrators. The Laserfiche data volume can then be written to CD-R or DVD-R optical disc. The data can subsequently be distributed, archived, or used for stand-alone access through the Laserfiche 'Plus' publishing option. R&S also developed 'EZFind' to image-enable existing applications with the Laserfiche EDMS. EZFind can complete searches in the Laserfiche EDMS from within existing applications and software screens. EzExtract is used to export image files and related indexes from the Laserfiche EDMS. R&S clients use EzExtract to integrate Laserfiche with other software systems. Additionally, some R&S clients use EzExtract to produce an output file that is processed to produce microfilm electronically. Approximately three years ago, R&S recognized the need for a tool that would provide an easy-to-use, web- based framework for automating the process of creating and managing city and county government agendas. Departments such as the City Clerk's office, City Commission/Council, andllor the Board of County Commissioners, would use such a tool. In developing the design strategy for the agenda automation product, EasyAgenda Pro, we realized that a meeting agenda creation, approval, and management process is functionally a collaborative process that follows a particular hierarchy. Therefore, our design approach for our EasyAgenda product was to design and develop a core collaborative 'engine', which can be re-focused on demand to automate not only an agenda process, but also many similar collaborative processes, such as the budgeting process found in most organizations. This core engine is called 'OpusDoc'. EasyAgenda Pro will automate calendaring, agenda management, item request, agenda production (shell, complete agenda packet, and complete packet with supporting documents), and review and approval processes for organizational, city, and county agendas for scheduled meetings. R&S Integrated Products and Services, Inc. Page 5 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) _.._-~----~-_.,--_.- -----'-- '''_H__~~ - -~ - ---..---.----....--.-----...---.-.---- " - Agenda items can be submitted. supporting documents scanned, agenda items routed to specified individuals for review and approval through workflow automation, and the agenda then produced in a pre-defined format with supporting documents. EasyAgenda Pro also provides imaging capabilities to capture agenda item supporting information or 'backup'. Additionally, EasyAgenda Pro will publish the Agenda packet with the agenda index, each agenda item, and the supporting documentation for each agenda item The complete Agenda packet can also be published to the web for immediate public access. EasyAgenda Pro will also support the creation, approval, and management of the post-meeting minutes in the same fashion as the agenda. EasyAgenda can be integrated with the Laserfiche EDMS solution to provide further document management production scanning and indexing, word search with image highlights throughout all Agenda documents, content management, and image archival and retrieval. Organization, municipal, and county agenda records can be posted to and available via the Internet/Intranet, a networked Laserfiche EDMS, distributed on CD- R/DVD-R optical disc with the Laserfiche 'Viewer' on each disc, and/or printed in hard copy as a complete set of the Agenda 'packet'. EasyAgenda is not specific to Laserfiche however, and can be easily integrated with most document management solutions on the market today. Project Understanding and Commitment R&S Integrated and its principals understand and have studied ALL project requirements and specifications as stated throughout the Town's RFP. Through experience and project application, R&S Integrated will deliver a web-based software solution that will meet ALL project requirements and specifications as stated in the RFP document. The intent is to provide an economic, straightforward, and concise R&S Integrated proposal response for review to understand R&S Integrated's capabilities to satisfy all RFP project requirements. As stated in the preceding paragraph, R&S Integrated understands all project parameters as stated in the RFP and can assure the Town that the proposed Automated Agenda Workflow Software (AAWS) , and all R&S professional services will meet the Town's listed requirements and specifications. R&S provides an enterprise AAWS, utilizing R&S technologies, products, and professional services. The project approach will utilize standardized and industry 'best practices' to accomplish stated project parameters. Through historic and current R&S process automation projects, R&S has proven it can successfully provide a solution as specified in the RFP requirements. The objective of the proposed R&S AAWS is to automate the agenda creation, production, distribution, and management tasks of the Town, and improve the efficiency of the agenda process throughout the Town Clerk's offices Additionally, the system will improve effectiveness and application of Agenda document management, including but not limited to: storage, distribution, retrieval, retention, archival, disaster recovery, and integration with existing systems. - --_.~~~_._.- ---~-- -------------- R&S Integrated Products and Services, Inc. Page 6 Town of Davie January 31,2006 Agenda Automation Workflow Software (AAWS) The proposed AAWS will eliminate paper whenever possible, accomplish increased staff productivity, and give the Town cost reductions in Agenda printing, paper usage, document distribution costs, document storage space, and paper filing. Automated workflow will route submitted items to the designated authority for approval, as defined by the user. Notification of item status will be provided by automated e-mail from within the EasyAgenda Pro environment. Records management practices and regulations will be applied and integrated in this project as stated in the Florida Administrative code, Chapter 18-26.003 'Records Management - Standards and Requirements, Electronic Record Keeping', as governed by the Florida Department of State, Division of Library and Information Services. R&S commits to the following project processes: contract negotiation and signoff, project start and discovery, generation and approval of detailed project plan, regularly scheduled project meetings, solution deployment and integration, project implementation, user and administrative training, acceptance testing, and on-going support of project technologies and work processes. Florida government installations represent over 90% of R&S project activity. Presented R&S installations, R&S integration and software modules, and parameters of current and historic projects clearly demonstrate R&S's comprehensive experience in government projects and government project parameters. The included R&S references present proven ability to accomplish Florida government projects. The R&S reference list includes contact information and installations that allow site visits. R&S projects have involved and required improved records processing and application of technologies in a wide range of departments, varied work processes, and varied departmental systems. R&S has dedicated team members to accomplish our client's projects. Currently, R&S maintains seven employees dedicated to client project integration and support, and twelve other employees dedicated to document imaging conversion production. R&S continues to provide training and ongoing technical support to existing clients and their solution installations. Through the implementation and use of solutions designed, installed, and integrated by R&S. clients have improved their effectiveness and efficiency and reduced their operational costs in areas such as records management, process automation, and customer service. Financial Stability Statement R&S certifies that the company is financially stable and has the necessary resources, human and financial, to provide the services at the level required by this RFP for The Town of Davie. R&S Integrated Products and Services, Inc. Page 7 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) -,~--~~-,- -- -,-.--_.,------ ~-~._-,._-_._-_._-- . -.-~----_.._------- ---- 2.0 RESPONSE TO RFP The Town of Davie, Florida (Town) is requesting proposals in response to the Request for Proposals entitled "Automated Agenda Workflow Software", RFP# 8-06-18, having a closing date of January 31, 2006 at 2:00PM. This proposal document represents the R&S Integrated Products and Services, Inc. (R&S Integrated) response to the RFP document. R&S Integrated will provide a comprehensive Automated Agenda Workflow Software solution (AAWS) that meets the requirements of the Town's RFP Solution Overview In general, the presented AAWS provides the following key areas of functionality: . Provides a browser-based interface for the submission, approval, and management of agenda items . Automated workflow for item approval routing . Automated E-mail notification of agenda item status . Ability to re-order agenda items, delete agenda items, or move agenda items to another agenda . Ability to automatically generate and publish agenda documents: shell, complete agenda, and complete agenda with supporting documentation, including draft agenda . Automated publication of completed agenda to a web site . Concurrent management of multiple agendas and/or meetings of different types R&S Integrated's EasyAgenda Pro Solution R&S's EasyAgenda solution (Version 3.1) is a complete, enterprise-class, web-based software tool for managing the creation, submittal, approval, development, publication, and distribution of meeting agendas and all related documents. Utilizing an in-house designed core technology that is capable of generic collaborative process management, R&S developed the EasyAgenda Pro application in 2002 as the first of what is anticipated to be several similar applications. The process of creating and managing a meeting agenda is a classic example of a collaborative work process within a hierarchical framework. Multiple parties provide input to the process, key individuals and/or departments provide approval authority at multiple levels, and final agenda documents are created and distributed. During the meeting, notes and actions can be taken. Upon completion of the meeting, minutes can be created, edited for final approval, presented for approval in the next meeting, published and distributed, and archived for some period. In the vast majority of government agencies today, these processes are accomplished manually, and deai primarily with paper-based documents. The process is tedious, error-prone, and very costly in terms of time and materials. A mistake in the 'final' agenda packet or a last-minute change in agenda item order could be cause to re-publish and re-copy the entire agenda packet, or a major portion thereof. ----- _._-,._---~,,- ---~----~._- ----,-------" R&S Integrated Products and Services, Inc. Page 8 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) It is this manual process that EasyAgenda addresses, eliminating the manual steps through process automation, and bringing improved security and efficiency to the process, in addition to exceptional cost- effectiveness and Total Cost of Ownership (TCO). Users simply log in to the EasyAgenda Pro application through a standard web browser, and based upon security settings can submit, review, approve, re-order, delete, publish, distribute, or otherwise manage all aspects of the agenda process, from individual agenda item creation and submission, to establishing new meetings, to final publishing and distribution of agenda packets. EasyAgenda will automate calendaring, management, agenda item request, production, and review processes for agendas associated with specific, defined meetings. Agenda items can be created, requested, supporting documents scanned, and agenda items routed to particular individuals for review and approval. Easy Agenda can create and manage single meeting events, multiple events, or establish recurring meeting events for all types of meetings. EasyAgenda can be used to manage any type of meeting, such as seminars, board meetings, training classes, workshops, etc. Cutoff dates and times for item submission can be set for each meeting. Individuals responsible for the complete agenda creation, publication, and distribution process can log in and create any or all of the various agenda products, such as the agenda shell, a complete agenda, or the complete agenda including all supporting documentation (Agenda Packet). The completed agenda can then be e-mailed to all interested or required parties, distributed via CD-ROM or DVD-R, or distributed through any other appropriate means. Once approved, the agenda can also be automatically posted to a web site, enabling immediate public access. Additionally, an agenda manager can produce the Agenda Results (or Action Agenda) and draft the meeting 'Minutes' while using EasyAgenda during or after the meeting. Final 'Minutes' can be edited and produced at any time. Votes on individual items can be manually recorded and/or downloaded from automated voting systems, using an optional component of the system. EasyAgenda Setup and Workflow Management During EasyAgenda setup, particular Item 'Approval Types' are described and identified, and an approval process or workflow for each item type is created (See Figures 1 thru 5). . For example, a 'submitter' in a department uses the EasyAgenda interface and MS Word to create the item and attach supporting information. The user also selects the item type and appropriate section of the Agenda. Once the item is complete and ready for submission, the user clicks on their Submit button, the Agenda Item is 'Submitted', and an email is sent to the designated Administrator (Superintendent) with a link to the item in EasyAgenda (See Figures 6 thru 8). Additionally, the person responsible for approving the user's Agenda Items (typically the department director or manager) receives an email with a link to the item in EasyAgenda. The approving authority can then review and approve the Agenda Item through EasyAgenda. R&S Integrated Products and Services, Inc. Page 9 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) --_._~~-~._- -------_."._..~ ....".-.... --- - ___ - _u.___ .._ R&S Integrated Products and Services, Inc. Page 10 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) Figure 2 - Supervisor Creation/Definition Approval Types: 1~l!(3 List of Departments: Reviewing Departments: Agenda Support _ City Attorney . Ai ort Finance City Attorney . City Oerk City Manager CRA III Development SeNices I Engineering - Finance ............. . .... ...~...,. R&S Integrated Products and Services, Inc. Page 11 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) --~-~_.__..~- ~~ ___'.'"___'____n'___' ____.___~________._._____..._ Figure 5 - Publisher & System Administrator Definitions -----------...---..-. --,- - ------------ --,----------..---.- --------.---. R&S Integrated Products and Services, Inc. Page 12 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) R1 Send E"mail Comments: Thi~ item i~ ready for your review and approval process. - - Send feedback to the next approving user. ~: 11UIIlt i V('III~, f\(J'" "I" Hel",> Ilelp (t) JOU ; IU~( j Intl'(jl dtpd ..... ;; - -- ----- - ---- ,-- ----- ~--- ~ ---- ~, - ITl/,~l , ~----~ if Figure 7a - E-mail to Next Approving User (Generation) From: brians@reamscomputer.com [mailto: brians@reamscomputer.com] Sent: Friday, September 17, 2004 4:01 PM To: R&S Support Subject: EasyAgenda Item Approval Request Agenda User, Brian Sabin of the Imaging department has sent the item, "my item", to you for Administrator approval. Follow the link below to review and to approve this item for the IT department. 9/17/2004 Easy Agenda Notification Sent By: bsabin Event: test Occurs on: 9/24/2004 Location: Bocc Chambers Agenda Name: test Section Name: Meeting called to order Item Name: my item Placement: 1-.A. Previous Status: Owner New Status: Administrator ,-- -~- ----- Figure 7b - E-mail to Next Approving User (Content) R&S Integrated Products and Services, Inc. Page 13 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) ._---~---~-- __~___.__,....__.____.__ __ - __m___._____..____.___._._.__..._ .-.---.--. -.-- """'.''''iJI -- ---_.__._-~._--~~---_.--_._--- From: Support@rsoasis.com [mallto :Support@rsoasis.comJ Sent: Friday, September 17,20043:41 PM To: R&S SUpport Subject: EasyAgenda Item Approval No1inca1ion system Administrator of the Building Department department has sent the Item, "12321312", to supervisor. Robert Porter. for Supervisor approval System Administrator sent the follOWing message related to thiS item Figure 8 - E-Mail Notification of an Approval Step to Submitter Any user (with appropriate rights) can send the item back to a previous step for edit, including to the original submitter (or owner) who created the item. The department manager can also edit the Agenda Item prior to routing the item to the Administrator and Publisher, After an item is 'Accepted' by the Department Director, an e-mail is sent to the Administrator and the Publisher with a link to the Agenda Item in EasyAgenda, po send E-mail Comment.,: Pleel~e perform a rework on thi~ item and re-aubmit w~th 5upporting docUlflentat~on. Thl!!l.nk You! -, d ~,_m Send disapproval message . I! ill' I' " ' , I "I' ..!_ 11l11'ldll'. -- , -- f f "'~ *,"'" '''''fuo<'" . , . . ~ ,"I ~ o"J '';I'~Z'~""" ~ '. __ n__________m_____._n_n__.. .., ._____~ - .------- R&S Integrated Products and Services, Inc. Page 14 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) Figure 9 - Disapproval E-mail to Prior Approver or Submitter If the Agenda Item has a legal impact or a financial impact, after the departmental 'Accepted' step, the Attorney and/or the Finance Director will receive an email with a link to the Agenda Item in EasyAgenda. After 'Approved' action by the Attorney and/or the Finance Director, an email is sent to the Administrator and the Publisher with a link to the Agenda Item in EasyAgenda. After an item has been accepted and approved by the Administrator and the Publisher as 'Final Approval', the item can no longer be edited by the 'owner' department manager, attorney, or finance director. At this step, only the Administrator and/or the Publisher can edit an Agenda item (See Figure 10). The Administrator or Publisher can also reschedule an item to another meeting; or, the entire meeting with all items and supporting data can be rescheduled. ATTACHMENTS: . HenCM~~oc .----. B. HeatCA ATTACHMENTS: Figure 10 - Completed Item - All Buttons Green (Final Approval) Once all items have reached 'Final Approval', the Administrator or Publisher can move items from one section to another; as well as change the order of items within a section. R&S Integrated Products and Services, Inc. Page 15 Town of Davie January 31,2006 Agenda Automation Workflow Software (AAWS) -------- -~-~ -~-_._-_._------ ------~_._--_._----_._- __ __ _______..m . The agenda documents are produced in determined format with supporting documents. EasyAgenda can produce three different Agenda documents, each in one of three different stages - Draft Agenda, Final Agenda, and Supplemental Amended Agenda. The designated EasyAgenda Publisher determines the format and characteristics of each Agenda document: (See Figure 11): ,. Aqenda Index or Aqenda Shell- this document lists each Agenda item with a simple one line title to describe the item, similar to table of contents. );- The Aqenda - this document contains a complete description for each item (similar to information listed on an Agenda Item cover page or routing sheet, or report). Each item contains the Item Title, Item Request, Item Explanation, and Item Recommendation (text describing concerned departments recommendation to the item). The Agenda begins with the Agenda Summary. Each item in the Agenda Summary is linked to the actual Agenda Item. >- Aqenda with Backup or 'Aqenda Packet'- this document contains a complete description for each item; each item contains the Item Title, Item Request, Item Explanation, and Item Recommendation (text describing concerned departments recommendation to the item). The Agenda Packet begins with the Agenda Summary. Each item in the Agenda Summary is linked to the actual Agenda Item. The supporting documents are attached to the Agenda Item in Easy Agenda. This 'backup' for each item follows each item. Each item with backup is linked through the Agenda Summary. -~-------_.. --.----.------- --'---'-'--- R&S Integrated Products and Services, Inc. Page 16 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) Figure 11 - EasyAgenda Publishing Interface The resultant Word documents with hyperlinks throughout are automatically converted to PDF with hyperlinks. EasyAgenda automatically distributes the different Agenda documents through email; the EasyAgenda Manager controls which users get which documents. The workflow automation within EasyAgenda Pro is driven by user-defined rules based on approval level and item type. Once an agenda item has been submitted, it is automatically routed via workflow through the approval process based upon user-defined business rules. Individuals responsible for approval action can provide annotations regarding a specific agenda item, or make changes to an existing annotation. EasyAgenda Pro can be integrated with any MAPI compliant e-mail system (such as Microsoft's Outlook or Novell's GroupWise), to notify individuals responsible for approval action, and allow submitters to be provided with status information regarding their submitted items via e-mail notification. EasyAgenda Pro's workflow also supports multiple and ad-hoc routing scenarios, such as an agenda item submitted, returned to originator for change, re-submitted, etc. Document Imaging, Agenda Management, and Records Archival Many agenda items require a scanned document image to support the item. The scanning of supporting information for agenda items is managed through EasyAgenda and Microsoft Word. Any scanner with TWAIN drivers installed can support the EasyAgenda scanning process for Agenda items. The imaged documents are attached to the agenda item through the EasyAgenda interface. During publishing, a user produces a dynamic Word document, a hyperlinked Adobe PDF file, and a complete image copy of the following: . Agenda Shell - one line description or title of each agenda item . Agenda - Agenda Shell first several pages, items linked to full Agenda item, and all sections of the item routing or cover page . Agenda Packet - Agenda Shell first several pages, items linked to full Agenda item and supporting documents . Action Agenda - during or after the meeting, an agenda manager can produce the Action Agenda . Minutes - final 'Minutes' can be edited and produced at any time. Minute documents are easily added to the next Agenda/meeting for approval Note: The image copy is not dynamic or linked; this is the record copy of the Agenda documents. EasyAgenda manages and provides access to all historic Agenda documents. EasyAgenda is not dependent upon any imaging or document management product, but can be easily integrated with those types of solutions. R&S Integrated Products and Services, Inc. Page 17 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) ~----,- _.__._~~---_._-~.__. ~ R&S has already accomplished this type of integration with the Laserfiche EDMS. which provides additional document management, records archive, production scanning and indexing, and document retrieval of completed agenda documents. Word or text searches throughout all Agenda documents are easily accomplished through the Laserfiche EDMS. Requested words or phrases are highlighted on the actual image for easy recognition and fast research; text lines from the resultant documents are presented in a search results window allowing the user to easily identify the desired document(s). Agenda records are available via the Internet/Intranet, a networked EDMS, can be distributed on CDR/DVDR optical disc, and/or printed in hard copy as a complete set of the Agenda documents. Building Electronic Council Agenda EasyAgenda's facilities for creating interim or final, approved agenda documents allows for any of the standard agenda formats to be created based upon user-defined Word templates. The system can create a basic agenda 'shell' (containing essentially an outline of the full agenda but with no detail or supporting documentation), a complete, detailed Agenda, and/or a complete agenda (Agenda Packet) with all supporting documents. The ease with which an agenda document can be created is based upon the tight integration of EasyAgenda Pro with Microsoft Word. Agenda items are submitted through the use of user-defined Word templates, providing a familiar interface and 'look and feel' to the item submission and approval process. These templates then form the basis on which the agenda is created. The use of templates automatically standardizes the agenda format, simplifying the document, providing spell checking capabilities, and ensuring consistent format throughout. A simple point and click, security controlled browser interface allows agenda items, including their supporting documentation, to be added to, moved between, or deleted from multiple agendas prior to final publication. Supporting documentation can be easily attached to an agenda item through this same easy to use interface. Since the agenda document(s) are electronic in nature, upon creation of the agenda, the Agenda Shell, the Agenda, and the Agenda Packet can be immediately published and distributed to all required individuals. The resultant documents can also be published to the school district's web site for public access, moving the previously posted agenda to an archive location. The final agenda documents incorporate hyperlinks to each item and it's supporting documents, eliminating lengthy manual browsing and searching for specific agenda items and/or their supporting documentation ~------------ ---_.._-_._--~----~ ---- ---.----.--- R&S Integrated Products and Services, Inc. Page 18 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) Management of Electronic Attachments Within EasyAgenda, supporting documents are associated with a specific agenda item as attachments to that item. The electronic files themselves are managed by EasyAgenda Pro to allow automatic association of the attachments with the agenda items. This allows the system to automatically build a completed agenda with supporting documentation without the user having to independently locate and collate individual hard-copy supporting documents. EasyAgenda is capable of managing supporting document files of virtually any type, such as Adobe PDF, Microsoft Office Suite (Excel, Word, Powerpoint, etc.), engineering CAD files, etc. Files can be imaged electronically and attached to agenda items. Action Agenda, Minutes and Voting Results for Agenda Items During or after the meeting, while viewing the Agenda and each Agenda item in the EasyAgenda interface, the agenda manager can produce the Agenda Results (or Action Agenda) and draft the meeting 'Minutes'. Final 'Minutes' can be edited to desired format and produced at any time. Votes on individual items can be recorded through Easy Agenda and/or downloaded from automated voting systems (such as provided by Digital Congress Network). (See Figure 12.) Figure 12 - Voting Definitions Event and Approval Logs The EasyAgenda solution provides a 'verbose' log of both Event Activities and Approval Actions taken. The Event Log captures all activities related to Item Deletion and Item Rescheduling. The Approval Log captures all Approval/Disapproval activities and any comments included in e-mail notifications. These R&S Integrated Products and Services, Inc. Page 19 Town of Davie January 31,2006 Agenda Automation Workflow Software (AAWS) _____._..__..._. ~.~ ~__~ ___.__._m_______ -~_...--_.._._...._-_..._._-_._--,_..__.-- logs can be viewed directly through the EasyAgenda Administrative Console directly in the database. or through a Crystal Reports viewer. (See Figures 13 thru 16) Figure 13 - Event Log in EasyAgenda Administration Console -- .._-----~------ R&S Integrated Products and Services, Inc. Page 20 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) Event Log Report ~ ~ ~ I.ICIIIliIaLt ~ ~ D.Il4!'AItdTim~, 81112004 Carmnilllf,;lon Public bcari"l!'- M,ot"'. Iirit and ,,,,",od ...din!!< 4t11S<_Vaoatlo. .r R1ait..r.W.I' ddrall:.e RESCHEDULE !l/19/Wo.l 11.:45 JIM "'<lllum '-"iPnlblRD ITEM DI!l.ETlON ONiJll2n04 12:39 PM ClIeit.kpNM....io. for C"r SorelY Sa.. alatUlk(l Rt:SCHEDLlLE IWiW;!IJ04 9:06 11M <ftdLp.....hIDIIll.. l"ll.dor ddrake kliSCHEDULIi Figure 14 - Event Log in Crystal Reports Figure 15 - Approval Log in EasyAgenda Administration Console R&S Integrated Products and Services, Inc. Page 21 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) - -.- -- ---.------ - ---,-- .--- aD DAme E!J D 7/23/2004 it! D 7/27/2004 [iJ D 7/2812004 E!J D 712912004 ~ USF.R SAMe MESf,AGF [fJ D 312112005 ill) 312212005 Amf'pdmenu 'ollie Pnlitic-aI Sigll OrdlnftDCt Lrnl\.' HOUll:tl{j Ctf1ig 1:loll31trl (~r th;: D-evcl.up.mI:1Ii Se-J;.'j L..'et- (k~';lr11nt"1l, !la, fj~m the item, "Arnclllll1lcnn;.:tel the. P'nlltlcltl Sil;w Onlmlmcr". tm,k 141 C""-'nl:'r. Cr.uil' H()lhmd. for 11'Ioo!.lkaWIl\ IHHI rt'WI~t~ Cl'31!ol Hnllallil S('tlf tht:" jnlh)wmR It}CJ'.'\:IJtC r"I\lINt WI!i1'" Itt"m; Cl1'1l!!,lh;lI.t1l1t1 (:;;i'i-I~i(~fl;;;d~;fill~-ik-..:;I;:;~;;;;i-~~~i~~~.d;p~n;~~;;---" b..~ ~nt the item. "Amclldmcnf,'j tll lhr j'jlliti.::.1 Si~"l {>rdiruUlCC".1.u StI~lC'r"1Mli \>likt: Sldg~'ul..1. f<:.n ,~II,-.;t\'iMll',jN"1'tW,'11 CrJij; Hnlhll'od ~ct\1 the fnlJ()wil1}i lrn:!>.-"ilj~:: rrblcd to !Ill" 11(:111 "___h~_____.'____H _n.___~_u.U____ .__~n.___._n___~__.___. 1,1.1/1004 Sl'Il Rt'hnt \'t'hjcfc.('n~.ooc L iud.' "^' dp.'"t L1TH.lii "'V~'igd uf lbl' P\ibh~ v.,.:l)1b Mp"nm~l\t h{\~ lIeUl {tit' iTem, "Scfl kdi/SC' Vt=hjdt=:,C'r:l.!o:,doc.~, w SlIllt'T1'I,snL {l~flr~i' \olutm. tf1t ~1I1'Cf\'j~l"\r arrrfll.'lli. Ll!ltllt \\'I:"t~tl ~t'111. lilt: loUlIwmg TJl~~<l~t' rd.Jll.t'd l~qjH~ tlcm (Jro,v,I.'. Figure 16 - Approval Log in Crystal Reports Technical Requirements - RFP Section I EasyAgenda Pro is currently installed and in full production usage at multiple R&S client sites. Several of these sites are defined and discussed in Section 3.0 -Vendor References' of this proposaL The EasyAgenda Pro solution is fully compatible both the Windows XP and Windows 2000 operating systems, Microsoft Office Suite, and Microsoft Internet Explorer browser version 5.x and greater. EasyAgenda Pro uses Microsoft SOL Server to manage users and systems objects. The solution is also fully SMTP compliant, and will easily integrate with the Town's Lotus Notes electronic mail solution. Security is provided through the use of a standard User Name and Password protocol. As EasyAgenda uses MS SOL Server, ad hoc report writing can be supported through the use of any standard reporting tool such as Crystal Reports Enterprise. A number of standard reports, such as the Approval Audit Reports, are included with the EasyAgenda Pro solution. EasyAgenda Pro's workflow engine fully supports user-defined and event-driven processes. This workflow includes support for automatic transaction routing to support electronic approval processes. Access to the EasyAgenda Pro solution will be available through the Town's existing Wide-Area Network (WAN) and Intranet EasyAgenda Pro was designed from the ground up to eliminate the manual tasks generally associated with the development, approval, production, distribution, and archival of meeting agendas and their associated action agendas and minutes. The elimination of these manual tasks through automation and "--_._--~. -~--- R&S Integrated Products and Services, Inc. Page 22 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) workflow provides a significant initial Return on Investment (ROI), and high dollar savings each year over the manual process. It also provides a number of 'soft dollar' savings, including elimination of human error (lost or misplaced documents, production mistakes, distribution problems, etc.). These savings, coupled with the hard dollar savings of reduced labor costs, reduced or eliminated paper and process costs, and reduced time for production and management of the agenda will provide the Town with an extremely cost-effective solution. Annual support costs for the solution are held to a minimum, as the solution is Web-based, and therefore no client software is required to be installed or supported. SPECIFIC RFP FUNCTIONAL REQUIREMENTS Per Section I of the Town's RFP, R&S provides the following responses to the specific bullet items in Section I. These responses will clarify and/or support the information previously provided in this proposal for the EasyAgenda Pro AAWS solution. . Ability to communicate with an existing AS400. Based on our understanding, with clarification provided via e-mail by the Town on 1/23/06, the degree of 'communication' with the existing AS400 consists of being able to support the Lotus Notes environment for purposes of utilizing the Lotus Notes e-mail capabilities from within EasyAgenda Pro. This capability is supported through standard SMTP protocol compliance. . Compatibility with all Microsoft products such as Word, Excel, Power Point, etc., as well as Adobe Acrobat, and ArcView. The EasyAgenda AAWS solution is directly compatible with many of today's file formats, including Word, Excel, Adobe PDF, images in TIFF, JPEG, etc. What we have discovered through experience and our client's feedback is that many other document formats can be easily converted to a supported format by the end user or submitter, such as PDF. This allows virtually any document to be fully integrated into the master agenda document. Through the presentation and demonstration of the EasyAgenda Pro solution, the Town's evaluation team will be able to fully understand the capabilities and the manner in which we absorb the vast majority of file types. . Ability to automate the workflow through various departments and approval levels. The EasyAgenda Pro solution will support virtually any number of departments and/or approval levels in a simple to describe and simple to implement fashion, and does not change or complicate the user interface in any way. . Ability to notify users via e-mail and through the Solution of incoming approval requests or submittal requests. R&S Integrated Products and Services, Inc. Page 23 Town of Davie January 31,2006 Agenda Automation Workflow Software (AAWS) "_____.~_ _,____ ..."_n___ -~...._--~_._--_._- -.--.- -- EasyAgenda Pro provides e-mail notification for multiple events within the AAWS solution. including notice of items needing approval, notice to submitters of rejected items, and item status notification. Additionally, the system will indicate items requiring user action on the opening screen following log-in. . Ability to seamlessly interface with the Lotus Notes e-mail program. The EasyAgenda Pro solution will integrate seamlessly with the Lotus Notes application for e-mail use through the standardized SMTP protocol. . Ability to compile agenda from predetermined or user-defined templates. EasyAgenda Pro is tightly integrated with Microsoft Word. This integration supports the EasyAgenda paradigm of levering both the capabilities of Word and the organization's existing method of item submission. For the vast majority of agencies that we have spoken with, including all of our current clients, they have historically used Microsoft Word templates of some sort to generate and submit agenda items. By continuing to utilize Word, and to standardize the various templates necessary to create items and complete agenda packets, we do not force the customer to learn new techniques or new products. They create agenda items in a fashion very similar to their current process. The key difference is in how the item is submitted, routed, and published. The only other product that is utilized by the users is a standard web browser, such as Internet Explorer. Again, no new products per se much be learned. Training focuses solely on the EasyAgenda interface and functionality. . Ability to modify predetermined workflow, user, and/or departments. All aspects of the agenda process can be controlled by the user. Changes to workflows, completely new workflows, completely different meeting types with difference workflows can all be easily defined and implemented by the Town, once training has been accomplished. It should also be pointed out that the EasyAgenda Pro solution is extremely flexible. Multiple meeting types can be managed concurrently with the solution. The core OpusDoc publishing engine lends itself to a variety of collaborative publishing tasks. One of our clients, Juvenile Welfare Board of Pinellas County uses a modified version of the EasyAgenda Pro solution to produce large, compound documents for a program called ASSET (Agency Self-Study Efficacy Tool). This program requires all sub-contracting agencies that participate in JWB's programs to complete a comprehensive document that provides justification, feedback, status and associated information to JWB. A compound document is then created from all of the separate agency submissions using the EasyAgenda-based solution. This process occurs regularly throughout the year. .----------..--------..-------.-.-- - -.- --- -_._-~--_.--- R&S Integrated Products and Services, Inc. Page 24 T own of Davie January 31,2006 Agenda Automation Workflow Software (AAWS) 3.0 VENDOR REFERENCES EasyAgenda Client References, Projects 1 - City of Kissimmee 2 - City of Lauderdale Lakes 101 N. Church St. 5985 10th Avenue North Kissimmee, FL 34741-5054 Lauderdale Lakes, FL 33319-5599 Ph: 407-518-2199,407-518-2308 Ph: 954-535-2814, 954-535-2704 Contact: Peggy Sousa, IT Director Contact: David DeGiacomo, IT Director Carmen Santiago, Deputy Clerk Sandra Brown, Deputy Clerk Linda Jaworski, City Clerk Hazel Carson, City Clerk 3- City of Titusville P.O. Box 2806 Titusville, FL 32780 Ph: 321-383-5774,407-518-2308 Contact: Wanda Wells, City Clerk Johnny Bledsoe, Deputy Clerk All installations use EasyAgenda to automate agendas as stated for 'Workshop'. and 'Regular' city commission meetings. Agenda Results and Minutes are also processed. City of Kissimmee · Automated Agenda processing for Workshop and Regular Meetings by City Council · Agenda documents posted on Town's website · Enterprise Laserfiche EDMS with multiple departmental databases · 10 Read Write licenses, and 25 Read Only licenses · Weblink for Intranet/Internet Access · COR Publishing for archive and distribution · Integrated data capture from existing systems City of Lauderdale Lakes · Automated Agenda processing for Workshop and Regular Meetings by City Council · Agenda documents posted on Town's website · Departmental Laserfiche EDMS with citywide database · 5 Read Write licenses, and 10 Read Only licenses R&S Integrated Products and Services, Inc. Page 25 T own of Davie January 31,2006 Agenda Automation Workflow Software (AAWS) ~"._-_.,- -,-------------- City of Titusville · Automated Agenda processing for Workshop and Regular Meetings by City Council · Agenda documents posted on Town's website · Enterprise Laserfiche EDMS with multiple departmental databases · 10 Read Write licenses, and 25 Read Only licenses . Weblink for Intranet/Internet Access · CDR Publishing for archive and distribution · Integrated data capture from existing systems · Awarded through competitive bid - contract available to the Purchasing process Other current projects: hard copy to image conversion for the cities of Boynton Beach, Royal Palm Beach, Collier County Sheriffs Office, Greenacres, and Wellington. Other current EDMS projects: Juvenile Welfare Board of Pinellas County, Coordinated Childcare of Pinellas County, Miami Beach, Boca Raton, Florida Department of Health, Florida Department of Financial Services; Laserfiche ESRI GIS integration at Tohopelika Water Authority Kissimmee and Florida Keys Aqueduct; and a pilot EDMS Workflow project at the 13th Circuit Court, Hillsborough County, Tampa, Florida. ---~'-"------'~~"'-'-'- ...._-_.~~-- -."- ---.- R&S Integrated Products and Services, Inc. Page 26 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) R&S References - the following is a list of R&S EDMS Projects Document Imaging, Records Management, Electronic Document Management Systems, Digital Records Management GOVERNMENT EDUCATION City of Miami University of Central Florida City of Miami Beach University of Florida Law College City of Delray Beach Columbia County Schools City of Boca Raton Florida State University City of Kissimmee Putnam County Schools City of Boynton Beach; City, Police, and Utilities City of Greenacres, City and Public Safety City of New Smyrna Beach RETAIL I COMMERCIAL City of Titusville Advance Auto Parts/Stores City of Deerfjeld Beach Discount Auto Parts City of Homestead Qualex Consulting City of Stuart, City and Police Howard Schultz and Associates City of Casselberry Ryan Incorporated City of Minneola Outback Steakhouse, Corporate Office City of Inverness Sailormen Inc dba Popeyes Restaurants City of Boca Raton National Gold Exchange Village of Wellington Village of Palm Springs MEDICAL Town of Lauderdale-By- The-Sea AdvantEdge Healthcare Solutions Town of Palm Beach Shores Morton Plant Mease Foundation Collier County - Sheriff's Office Shands Hospital - University of Florida Lee County Tax Collector's Office Moffit Cancer and Research Center Monroe County Clerk of the Circuit Court Cardiology Consultants, P.C Monroe County Property Appraiser Premier Medical Review Lee County Property Appraiser Collier County - Clerk of the Circuit Court FINANCIAL / REAL ESTATE Florida Department of Health, Griffith & Werner Florida Department of Financial Services Columbia Title and Research Shades of Green Resort, Department of the Army Financial Strategies Workshop Athens Clarke County First Summit / Jefferson Pilot Financial Florida Department of Citrus American Express Financial Services St. Lucie County Board of County Commissioners Southern Title St. Lucie County Property Appraiser St. Lucie County Clerk of the Circuit Court MANUFACTURING St. Lucie County Veterans Affairs Lockheed Martin Financial Services Hillsborough County Clerk of the Circuit Court Bausch & Lomb Pharmaceuticals Florida Keys Aqueduct Authority Note: All of the above mentioned projects were initially started and completed by R&S Integrated. Many times, additional departments and work processes were established by in-house project managers (with minimal effort and time). There are over 20,000 Laserfiche EDMS installations worldwide. R&S Integrated Products and Services, Inc. Page 27 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) -~---'-----"--"-~- ~- --.--- - --... '-'.__..~--- -----.,,- .. .-.- _._~----_._~,-_..._- -..--- R&S Software Product and Integration Clients These organizations have purchased the R&S integration products: 'Document Shuttle' - uses existing or processed data to populate the Laserfiche database with template field values, automatically creates folders and subfolders, and names documents; 'EZFind' - image enable existing software programs with Laserfiche); EzExtract - exports record images with desired indexes from Laserfiche EDMS, and 'EZVolume' - monitors Laserfiche data volumes for set capacities and notifies through email. Lee County Tax Collector Morenci Water and Electric Company Howard Schultz and Associates Sailormen Inc/DBA! Popeyes Chicken and Biscuits Discount Auto Parts Village of Wellington Advanced Auto Stores ESC Imaging, Inc Forms Processing Inc. City of St Claire Shores Data Servicing Inc. Ncompass Networks DSS Corporation Bloss & Dillard City of Homestead BOL T Document Management AdvantEdge Healthcare Solutions Florida Keys Aqueduct Authority TKB Associates, Inc Ray Morgan Company Village of Lisle, IL Connectivity Business Systems Compensation Funds of New Hampshire Nationwide Insurance Innovative Imaging Offutt, Fisher and Nord St. Lucie County Pro Medica Collier County Clerk of the Court Housing Authority of the County of Los Angeles Innovative Imaging Engle Business Systems St. Lucie County Data Dash, Inc. Collier County Clerk of the Court Juvenile Welfare Board of Pinellas County Collier County Sheriffs Office Coordinated Childcare of Pinellas County Village of Glenview, IL New Vision Imaging Systems City of Boynton Beach State Ethics Commission, PA City of Boynton Beach Police City of Lauderdale Lakes Collier County Sheriffs Office City of Kissimmee Village of Glenview, IL City of Miami IKON Office Solutions - Ontario, Quebec Bce Emergis, Quebec City of Jacksonville, NC One Source Document Solution, Inc Stem Cyte Advance Stores Company, Incorporated ...-- --- -- .-------- -~,.- -~-- --- ----_.~...------ R&S Integrated Products and Services, Inc. Page 28 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) R&S Integrated Project Contacts March 2004 . City of Boynton Beach - welcomes site visits, city wide installation Peter Wallace - Dir ITS 561-742-6070 Carol Cheek - Human Resources 561-375-6278 Nancy Byrne - Dir Development Dept 561-742-6372, www.cLbovnton-beach.f1.us, see Weblink . St. Lucie County, BoCC Vic Madonna 772-462-1760 Legal, Landfill, Utilities, Community Development, Human Resources, Public Works, Property Appraiser, See Weblink at http://documents.stlucieco.qov/ . Collier County, Sheriff's Office - organization wide, 18 scanners Jamie Mosbach 239-793-9514 Damian DeAndres 239-793-9297 . Collier County, Clerk of the Court - welcomes site visits Lori Kraycik 239-774-8340 James Taylor 239-774-8319 Clerk of the Commission & Traffic Dept SEE Weblink at www.clerk.collier.fl.us go to the Weblink option at mid page . Lee County Tax Collector - organization wide, welcomes site visits Eddie Wilson, IT Project Manager 239-339-6047 Clay Jones, IT Director 239-339-6042 . State Comptroller/Banking & Finance Legal, Financial Services Department Mary Howell - inputladmin user- 850-488-9896 . Florida Keys Aqueduct Authority - organization wide, welcomes site visits Juliet Torres, Records Management 305-296-2454 Paul Vander Straaten, IT 305-296-2454 . City of Miami Ed Gorgas - Project Manager, ITD 305-416-1055 Stuart Henry - Project Analyst, fTD 305-416-1566 Priscilla Thompson - City Clerk 305-250-5360 R&S Integrated Products and Services, Inc. Page 29 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) 4.0 GENERAL STATEMENT OF EXPERIENCE The major advantages in using R&S' solutions for agenda automation are the following . The R&S team is educated and experienced in integrating agenda automation technologies for Florida government . An extensive and comprehensive client install base . Completion of additional projects at client sites . Experienced in integrating the EasyAgenda Pro solution into a variety of existing environments . Extensive client reference list; R&S has many sites that allow site visits for solution evaluation . Experienced, professional team for systems integration and programming . Certifications in computer technologies . Unmatched quality in customer service and satisfaction R&S has accomplished over 120 integrated technology projects at over 60 sites since 1993 for various clients or 'project partners'. Over 60 of these sites are state, county, and city installations in Florida. Projects required the development of various work processes and many different types of system integration. R&S has accomplished data conversion and integration from and with a variety of systems. Projects integrate existing software systems and databases with the EasyAgenda Pro solution, the Laserfiche EDMS product suite, and the AnyDoc Software automated data capture/indexing products. These projects have involved integration with a variety of city, county, and state departments (and resident systems). R&S principals, engineers, programmers, and technicians have over 50 years cumulative experience in document management and related technologies. In 1993, R&S Integrated Products and Services Inc. decided to focus on methods and technologies to manage Florida government documents, records, and related processes. This vertical market became the primary focus of R&S. Selection and development of appropriate software products and determining viable solutions involved researching Florida records management and retention laws. These requirements are integrated into the project approach of all R&S technology integration projects R&S has evaluated many different government departments for application of document management technologies. Activities involve: . Evaluating existing work processes . Evaluating the current agenda creation, production, distribution, and management processes . Evaluating and documenting all potential points of integration to existing systems and applications . Supporting the organization and department through project management and related methodologies R&S has always relied on Chapter 18-26 of the Florida Administrative Code as the foundation of established record management practices and processes in R&S government projects. This statute is the basis and regulation for managing government records in Florida. The R&S team is well versed in .._~ - _.--._-_._~- - __._n _ _.___.~_ _ ____. ---.-----,.-.-~--... R&S Integrated Products and Services, Inc. Page 30 Town of Davie January 31,2006 Agenda Automation Workflow Software (AAWS) records management requirements as regulated by the Bureau of Archives and Records Management and the Division of Library and Information Services. 5.0 OPERATIONAL PLAN R&S is committed to accomplishing the Town's RFP project requirements in a timely fashion, using the following project task list and estimated project schedule as a basis and time frame. R&S Integrated and its principals understand the overall objectives of this project are to deliver, install, integrate and configure the MWS solution into the Town's existing technical infrastructure, and to train the various users and administrators in the function and application of the proposed MWS as specified in the Town's RFP. R&S Integrated and its principals are committed to perform the work and provide the technology as stated in this RFP response and proposal. As required in the Town's RFP, R&S will provide an MWS solution that supports approximately 75 users within the Town's enterprise, incorporating automated workflow that supports the Town's agenda processes, integrates with existing systems, and integrates with Microsoft Office Suite. Generalized Project Plan Project Scope The scope of this project is to install the R&S EasyAgenda Pro Agenda Process Automation System (MWS) for the Town of Davie to automate the tasks related to creating, approving, publishing, and distributing the Town Council's meeting agendas, action agendas, and meeting minutes. Included will be application customization, system installation, integration and configuration, training and acceptance testing at the Town's location. Initial Project Meeting and Requirements Definition Workshop Following official contract signing, a meeting will be scheduled with all members of both project teams. The purpose of this task is to introduce all of the appropriate project team members, both R&S and Town, to each other. Additionally, a workshop will be conducted with those project team members to gather and document final requirements for the configuration efforts associated with this project. The result of the workshop will be a Final Requirements Analysis generated by R&S Integrated, and signed by both R&S and the Town. This document will include: . Detailed agenda item type template definitions, associated workflows or approval processes . Concise network and path information to Town's desired web repository . Specific approval routing information and approval individuals/agencies . Site preparation requirements Project Management The purpose of this task is to provide for management of the Vendor Responsibilities, as well as a formal point of contact for the duration of the project. The activities which will be performed in this task include: . Develop a detailed project plan and calendar schedule . Work with Town's Project Manager to define Town's responsibilities . Coordinate Vendor project resources and efforts R&S Integrated Products and Services, Inc. Page 31 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) --..-. _u_u __~~_~ _~._~_____._ .._,~ "__..__ --~-.. -.-,------ . Provide regular status reports, as necessary . With the Town's Project Manager, execute the Change Control Process if necessary PROJECT TIMELlNE NOTE: It is anticipated that this project's timeline, from contract signing to final acceptance of the solution by the Town, will require no more than 90 business days. Development and Customization The purpose of this task is to implement the custom requirements documented in the approved Final Requirements Analysis, to include: . All agenda template formats . All automated workflow and approval routing logic . All automated archival and web posting paths Site Preparation Visit Prior to R&S Integrated performing the installation of the AAWS solution, we will schedule a visit to the Town's intended installation location(s) to ensure that the site(s) is ready for the intended application. This visit will indoctrinate our team to the Town's environment, and allow us to document any deficiencies requiring action that may exist prior to our installation efforts. Included in the site review will be: . Confirmation of an existing Microsoft Internet Information Server (liS), version 5.1 or later . Confirmation of an existing Microsoft SOL Server installation, version 2000 or later . Confirmation of access to all required archival and web site locations On-Site System Installation, Integration, and Configuration During this task, R&S Integrated will deliver, install, integrate, configure, and test the AAWS solution into the Town's environment and infrastructure. This task will include: . Installation and setup of AAWS software on an existing Town Internet Information Server (liS) . Integration of the AAWS solution with an exiting Microsoft SOL database environment . Creation and setup of agenda item templates, users, administrators, and archival data volumes . Physical placement of document scanners . Installation and setup of scanner interface cards in designated workstations Training R&S will provide training on the AAWS solution. We have found through experience that a Train the Trainers' format allows us to provide high-quality, focused training to a smaller group of individuals, and transfers the majority of the knowledge necessary for additional training to the Town's team members. Production Testing Once the AAWS solution has been installed and integrated, a joint team of R&S and Town project members will test the new solution using a jointly developed Acceptance Test Plan through a live production effort. Successful completion of the test plan will result in the Town's acceptance of the solution and the completion of the project. _.~_.._ ___u______ . ---- R&S Integrated Products and Services, Inc. Page 32 Town of Davie January 31,2006 Agenda Automation Workflow Software (AAWS) Initial AAWS testing will involve the following: . Performance testing for workflow accuracy and effectiveness . Network monitoring for speed and throughput . Agenda item template accuracy and usability . Accuracy and completeness of final agenda products: Shell, Complete Agenda, Agenda with Supporting Documentation . Verification of e-mail notification process . Response times for item searches . Verification of public access to agenda posted on Town's web site . Verification of archival of previous agendas and minutes Assumptions and Dependencies The Town of Davie will provide the necessary site requirements, including network and web services and computer hardware, scanning devices and related application software, and browser application software. Prior to the start of this project, the Town will assign a Project Manager to whom all official project communications and requests can be made. The Town's project manager and the R&S project manager will work together to track and bring closure to all issues or problems, manage the project schedule and resources, and invoke the Change Control Process when necessary and agreed to. Project Implementation Personnel - Brief Resumes More information provided by request The following individuals are dedicated to project integration and project solution support. All persons listed work out of the R&S Integrated office in Lakeland, Florida. Robert Porter President / CEO Responsible for existing work process analysis . Determination of new work process, supervision of all project activities . Communication with site personnel, application of new work processes . Responsible for project resource management and audit . User and administration training, onsite designated R&S contact . Project meetings for status and future events Robert has ten years experience in document imaging/management and computer related technologies. Robert is personally involved in all R&S projects. Robert's project activities and responsibilities have involved application, installation, integration, and maintenance of imaging, document/data conversion, R&S Integrated Products and Services, Inc. Page 33 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) ----,_._.._.._~-----------------~ _.____.____________~_______.__ ___________n_ _ _______.______._.____~. ___ and data capture technologies. Robert is certified in Laserfiche Document Management and Any Doc's 'OCR for AnyDoc' (automated data capture). Before 1993. Robert studied and was in the professional civil engineering field. Robert was in the Civil Engineering program at University of South Florida Robert is a founder of R&S Integrated and has worked at R&S for over twelve years. Robert developed the theory for Document Shuttle, EZFind, and EZAgenda. These programs are used to integrate Laserfiche document management with existing data and systems. Additionally, he aided in the program development. Robert has given numerous presentations to local government professional associations for student credit (CE, for professional certification). Robert is recognized as a valuable integration resource by EDMS users and other document management value added resellers. Robert has guided and directed R&S for over ten years and has personally conducted or completed projects similar to as required by the Town. Deanna Porter Vice President and Corporate Operations Manager Responsible for project component acquisition, delivery, inventory, version control. account management. Deanna is the corporate contact for clients and supervises conversion projects. Deanna is responsible for project resource management and audit, and client account executive. Deanna has ten years experience in document management and computer related technologies. She has managed and supported activities and projects that have involved application, installation, integration, and maintenance of imaging, document/data conversion, and data capture solutions. Deanna is personally involved in all R&S projects. Deanna is certified in Laserfiche document management. Before 1993, Deanna studied marketing at Polk Community College. Deanna is a founder of R&S Integrated and has worked at R&S for over ten years. Deanna is the primary corporate contact for R&S clients. The R&S client base values the quality of service Deanna delivers to the project. Deanna has given several presentations to local government professional associations for student credit (CE, for professional certification). Deanna has worked at R&S for over nine years and has conducted or completed projects similar to as required by the Town. John Van Buskirk Director of Technical Operations, Project Technical Manager Responsible for project component delivery, installation, integration, and setup, existing systems analysis and integration, program development, integration of new developed work process and project technologies, user and administrative training, and technical support John has eight years experience in document management and 17 years in computer related technologies. Activities and projects have involved application, installation, integration, and maintenance of imaging, document/data conversion, and data capture technologies. John was personally involved in - - - .._----------_._--_._.._---~ -----.-'-.-----'-- R&S Integrated Products and Services, Inc. Page 34 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) the last thirty R&S projects. John is certified in Laserfiche's EDMS and AnyDoc Software's 'OCR for AnyDoc' automated data capture products. Before 1995, John studied political science at the University of South Carolina. John is the primary technical contact for R&S clients. The R&S client base values the quality of service John delivers to the project and on going technical support. John has worked at R&S for over five years and has conducted or completed projects similar to that required by the Town. Michael Hagins Director, Sales and Marketing Responsible for all sales and marketing activities. Also performs existing systems analysis and integration, project development, integration of newly developed work processes and project technologies, and solution training Mike has over fifteen years experience in document management, data capture, and computer related technologies, and has conducted or completed projects similar to that required by the Town. Mike's activities and projects have involved problem definition, solution design, technology application, installation, integration, and maintenance of imaging, documenUdata conversion, and data capture technologies. Mike is a CDIA certified (Certified Document Imaging Architech) professional, Arti Singh Software Developer, Technical Support Responsible for programming, Program development, implementation, maintenance and setup, existing systems analysis and integration. Arti has four years experience in software development and computer related technologies, including system implementation and application development, support and management. Activities and projects have involved design and implementation of the EasyAgenda program for automatic creation of agendas for Cities/Counties using ASP .NET, environments. Arti is the chief developer responsible for several R&S middleware products, such as Document Shuttle, EZFind, and EZVolume, and is the chief architect for R&S' automated agenda solution, EasyAgenda (product automates the agenda item request and management process for city and county meetings). She also designed and implemented the EZExtract program for extracting information from the Laserfiche SOL database using VB and .NET languages, This effort required her to determine system specifications, inpuUoutput processes, parameters for hardware and software compatibility and coordinate design of subsystems for the integration of a total solution. She has studied computer science, programming languages (including C/C++, Visual Basic, Visual Basic .NET, ASP.NET, HTML, and SOL), information technology, personal computer software, computer networking, RDBMS, computer graphics, and system architecture design. R&S Integrated Products and Services, Inc. Page 35 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) --_._-----------_._---~---~----_._._------ -..-.-...... Professional Services and Technical Support R&S Integrated warranties all hardware and software components and established work processes through the Support Assurance Plans, or SAPs,. Support and upgrades are renewable annually. Through SAP subscription, customers are entitled to maintenance and version upgrades as well as site, telephone, and email support by R&S Integrated. R&S will support the system and established work processes locally and will act as the Town's first line of technical support. R&S technical support is provided 7:00AM to 6PM EST, Monday through Friday (800-508-9609). R&S has three systems analysts dedicated to technical support. Two other people provide backup in this group. Events can involve corrective maintenance using voice technical support, email, ftp transfer of software files and upgrades, and onsite service. R&S does not have voice mail to manage technical support; therefore, a person will always answer the R&S technical support phone line (or responds to email real time). Typically, 90% of the time, the technical support event or corrective measure will be resolved at the time of the phone call or in immediate response to email. R&S prides itself in the level of technical support or corrective maintenance it provides. At most, issues will be resolved by next day; again, most technical support events are resolved at time of call or email. R&S responds to corrective maintenance or technical support within 15 minutes or at time of request (the maximum response time accepted by R&S corporate). By contract, R&S will respond real time at moment of notice or within 2 hours to technical support issues. As 90% of R&S projects are in Florida, R&S always has personnel working in the Florida area. The Town of Davie is within 3 hours of driving time from the R&S office; R&S will provide local onsite support as required. Typically, at most, R&S support professionals are within a one-hour drive time proximity. Equipment and software are warranted against defects in material or workmanship and meet the published specifications in effect on the date of manufacture. Warranty periods are of one year from the date of delivery to the Town. Parts supplied or repaired under service are warranted for one year following installation. Training will provide details of required preventive maintenance procedures including schedules and who is to perform each activity. Documentation will be produced for each work process and maintenance procedure. All preventive maintenance required is covered by the annual support and upgrades cost. The Town will be responsible for assessing each incident of system or component failure and making the determination that R&S Integrated should be contacted to provide service. ---. ~--_._..-.__.__._._------- ~-_._-----_._---- --.---- R&S Integrated Products and Services, Inc. Page 36 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) R&S is available for technical support 7:00 am to 6:00 pm Monday through Friday. support@rsoasis.com 800.508.9609 office support 863.709.8033 general office phone number 863.287.1586 support mobile number Support contacts: John Van Buskirk john@rsoasis.com Matt Freeman mfreeman@rsoasis.com Arti Singh arti@rsoasis.com Deanna Porter deanna@rsoasis.com Robert Porter robert@rsoasis.com R&S has dedicated file servers, workstations, and web servers for technical support. All presented technologies are setup on like systems at R&S to replicate technical issues. All software program upgrades are tested at R&S before distribution and deployment to the Town's system environment. The Town's technologies and project data are protected through a professional approach and application in project management and implementation. Again, all R&S employees sign non-disclosure and non-compete contracts. All R&S Integrated employees must pass a State of Florida, FDLE, and FBI background check before and during employment. Due to the proximity of the R&S office in Lakeland to the Town of Davie, remote technical support capability is not required (although strongly encouraged and preferred). If onsite service events are required to resolve technical support incident, R&S will oblige and be onsite within four (4) hours. Level of service required will determine necessity of on-site support. If technical support events require, for the Town, there are no limitations to frequency and parameters of on-site support service. The costs for on- site technical support events and annual site workdays are covered in the support and upgrade costs for each project module. The following items are covered and are provided under the maintenance and support agreements: . Distribution and application support of software upgrades . Support of all operating features for software and hardware . Voice, email, wireless, and ftp support for users, managers and MIS support personnel . Access to dedicated technical support server and R&S user database . 800 number, email access, and ftp server for technical support . A live person that always answers the R&S technical support desk, no voice mail . Onsite work events if technical issues require R&S Integrated Products and Services, Inc. Page 37 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) ---.----.- _"'____________'n_____ ----.-..--- . Technical support responses from real time to two hours for all issues . Annual site survey for system review and to recommend improvements/upgrades R&S has dedicated the following resources to client technical support of R&S products and solutions - voice/phone lines, cell phones, remote workstation access, Internet access, custom database for customer information and logging of events, workstations and servers, ftp server, scanners of multiple varieties, workstations with a variety of Operating Systems, replacement scanners, and technology professionals to manage technical support requests and resolutions. R&S can easily reproduce a variety of technical support instances. This facilitates faster resolution to system and workstation issues. Dispute Policies Project disputes are handled initially by John Van Buskirk, Chief Technical Officer. If the event cannot be resolved, John will discuss the event with Robert Porter and/or Deanna Porter. Robert or Deanna will contact the client representative for discussion and resolution. To date, there have not been any 'disputes', only 'concerns' in R&S projects. The R&S technical support team has been able to manage all historic misunderstandings with a professional approach and standard project management methods. Though extremely infrequent, R&S does have a structured approach to such issues. Technical Support Process Technical support is handled and managed by the resources and professionals mentioned in the above text. Typically, R&S clients make a phone call or email to request customer support. Event could concern a technical support issue, technical questions, general product inquiries concerning product function and application, and questions about new features and products. Upgrades or new 'builds' are sent to clients via personal delivery, email, traditional mail, and ftp transfer. Customer support issues at R&S are handled using the protocol listed below. Customer notifies R&S of technical support request via email or voice/phone call. If a phone call, call is logged on hard copy and support database, and transferred to the available R&S technical support engineer. If email, event is filtered to a technical support folder and logged into the support database; appropriate action is taken The event is logged, assigned a number, and marked as 'open' in 'Status' field of the R&S' technical support database. The R&S technical support engineer will rely on past experiences and acquired knowledge to resolve the technical support event. R&S technical support engineer responds using voice/phone call or email. If resolved, the event is marked as 'closed' in the R&S technical support database. Typically, the event is closed at the time of the phone call or the R&S email response. Sometimes data files or screen shots are collected by the client, ftp'd to R&S, and reviewed by R&S; data files are used to analyze the resident system and replicate technical support events. !f required, R&S technical support engineer will notify Laserfiche of event with details, client software versions, and screen shots until event is resolved. Event will stay marked as 'open' in the 'Status' field in the R&S technical -- _._-'"-_._-~-------'" ~- --_.._~--_.__._--- ---_..----.--- .-...-----.-...-... R&S Integrated Products and Services, Inc. Page 38 T own of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) support database. This allows the R&S support engineers to easily search the database for events marked as 'open'. 6.0 COMPENSATION The cost proposal presents pricing for the R&S Integrated EasyAgenda Pro complete solution, and all associated options. If required in the future due to growth, the EasyAgenda Pro solution can be easily expanded through the purchase of additional licensing. Proposal Pricing Summary This section provides a summary view of the three major cost components for the entire solution: ~ Software Summary ~ Professional Services Summary ~ Annual Support and Maintenance Summary Software Summary The R&S EasyAgenda Pro and the Laserfiche EDMS are inherently scalable web-based solutions, easily addressing the needs of a small department to enterprise-class requirements. The EasyAgenda Pro solution is integrated with the Microsoft SQL Server database platform, Microsoft Office Suite, and the Microsoft Internet Information Server platform. The recommended software modules are presented in this section. User licensing is included for the requested number of Town users. The number of these licenses can be easily adjusted as necessary, and additional user licenses can be purchased in any increment. Professional Services Summary This section presents the pricing associated with providing the necessary professional services covering all elements of the project as defined in the proposed Operational Plan (Section 5.0, page 20). Line items are provided for each major component's respective service hours. Generally, the included professional services for each part of the proposed solution will accomplish the following events: delivery, inventory, setup, configuration, integration, existing work process analysis, determination of general process management, and training for users, administrators, and support personnel in automated work processes and the AAWS solution. Annual Support and Maintenance Summary Annual support and maintenance is required for all software components in the solutions provided by R&S Integrated Products and our represented software companies. This ensures that our clients have access to all of the necessary services and support required to keep their system in optimum operational R&S Integrated Products and Services, Inc. Page 39 Town of Davie January 31. 2006 Agenda Automation Workflow Software (AAWS) ~---- ._----~ .. n_.___.__,___________"__._._ condition, and allows them to benefit from all software upgrades and maintenance releases as they are provided. It also allows us to ensure our reputation for quality solutions and excellent on-going client relationships. See subsection entitled Professional Services and Technical Support, page 25 Hardware Recommendations Normally, our clients provide their own computer servers and PC workstations, as well as any ancillary components, such as network switches, hubs, routers, etc. Since our focus is on the overall solution, we provide a set of recommended specifications for servers and workstation platforms in Section 9 of this proposal. --_._--------~_.,---~-- ~----_.._.._._-----~---- R&S Integrated Products and Services, Inc. Page 40 Town of Davie January 31,2006 Agenda Automation Workflow Software (AAWS) PROPOSAL COST SUMMARY PRICING INFORMATION NOT INCLUDED WITH THIS INITIAL PROPOSAL PER THE INSTRUCTIONS IN THE RFP R&S Integrated Products and Services, Inc. Page 41 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) 7.0 Vendor/Bidder Disclosure I, Deanna M. Porter, being first duly sworn state that The full legal name and business address of the person(s) or entity contracting with the Town of Davie ("Town") are as follows (Post Office addresses are not acceptable): Name of Individual, Firm, or Organization: R&S Inteqrated Products and Services, Inc. Address: 3816 Industry Blvd. Lakeland, Florida 33811 FEIN 59-3209124 State and date of incorporation: incorporated in State of Florida - 10/15.93 OWNERSHIP DISCLOSURE AFFIDAVIT 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who directly or indirectly holds five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a trust, the full name and address shall be provided for each trustee and each beneficiary. All such names and address are as follows (Post Office addresses are not acceptable): Names, Addresses, and Titles of Individuals Who Will Lobby: Full Legal Name Address Ownership Robert E. Porter 3816 Industry Blvd., Lakeland, FL. 33811 50 % Deanna M. Porter 3816 Industry Blvd., Lakeland. FL. 33811 50 % % % 2. The full legal names and business addresses of any other individual (other than subcontractors, materialmen, suppliers, laborers, and lenders) who have, or will have, an legal, equitable, or beneficial interest in the contract or business transaction with the Town are as follows (Post Office addresses are not acceptable): Full Legal Name Address % % % % -.--------..--- R&S Integrated Products and Services, Inc. Page 42 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) By: Date: Signature of Affiant Print Name SUBSCRIBED AND SWORN TO or affirmed before me this day of ,2006, by Deanna M. Porter, she is personally known to me or has presented as identification. Notary Public, State of Florida at Large Print or Stamp of Notary Serial Number My Commission Expires: R&S Integrated Products and Services, Inc. Page 43 T own of Davie January 31,2006 Agenda Automation Workflow Software (AAWS) -."-------.-- -- -------~-" 8.0 EasyAgenda Product Brochure "----~- -- ---"-_.'~------ R&S Integrated Products and Services, Inc. Page 44 Town of Davie January 31, 2006 Agenda Automation Workflow Software (AAWS) 9.0 SERVER HARDWARE RECOMMENDATIONS Below is a sample configuration for a Dell EasyAgenda Pro server. If RAID 5 was applied to the four (4) 146 GB hard drives, there would be 438 GB of available storage. At 75kb for each image, the system would store over 6,000,000 image pages. System includes a 80/160 GB tape backup system. Base Unit: PowerEdge 600SC,2.4GHz/512K Cache,P4,533MHZ Front Side Bus, includes floppy drive (221-2376) Memory: 2GB DDR, SDRAM,2x1GB DIMM (311-2756) Keyboard: Standard Windows Keyboard, Gray (310-1676) Monitor: 15in(13.8in VIS)Monitor, Gray,E551 ,for Dell PowerEdge (320-0960) Hard Drives: Four (4) 146GB 10K RPM Ultra 320 68pin SCSI Hard Drives (340-7964) Hard Drive Controller: PERC3-SC,32MB,1 Internal Channel (340-2827) Operating System and SQL See below Server: Mouse: Mouse,Wheel,1.3A,Microsoft, Server, Midnight Gray (310-1790) NIC: On board Network Adapter (430-0488) TBU: PowerVault 11 OT, DL TVS80 80/160 Half Height, Controller/Cable, Internal (340-6942) CD-ROM or DVD-ROM Drive: 48X Black, Compact Disk Drive for Dell PowerEdge 500SC (313-2602) Documentation Diskette: Electronic Documentation on CD (310-0438) Factory Installed Software: Veritas Server, Power Suite (420-2833) Feature C11, Add-in SCSI Card, RAID 5 Level, 533Mhz FSB (340-8439) Service: Type 2 Contract - Same Day 4-Hour 7x24 Parts and Labor On-Site Response, Initial Year (950-3060) Service: Type 2 Contract - Same Day 4-Hour 7x24 Parts and Labor On-Site Response, 2YR Extended (950-3062) Misc: Intel Pro-100S,with IPSEC Network Interface Card (430-0366) Product Quantity Open License For Microsoft SQL Server 2000 Standard Edition (960162) 1 SQL Svr Standard Edtn 2000 English Disk Kit MVL CD N 228-01265 1 (A0100953) WINDOWS SVR STD 2003 ENG (A0103461) 1 WINDOWS SERVER CAL 2003 BUS-6.0 (A0103395) X Win Svr Std 2003 English Disk Kit MVL CD N P73-00156 (A0105500) 1 Win Svr 2000 English Disk Kit MVL CD w/SP3 N C11-02860 (A0101067) 1 R&S Integrated Products and Services, Inc. Page 45 TOWN OF DAVIE TOWN COUNCIL AGENDA REPORT TO: Mayor and Councilmembers FROMjPHONE: Russell Muniz/ 797 -1011 by Herb Hyman/797-101ti SUBJECT: Resolution AFFECTED DISTRICT: n/ a TITLE OF AGENDA ITEM: A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF R & S INTEGRA TED PRODUCTS & SERVICES TO PROVIDE AGENDA AUTOMATION WORKFLOW SOFTW ARE AND TRAINING AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SOFTWARE AND TRAINING. REPORT IN BRIEF: The Town solicited competitive sealed proposals for agenda automation workflow software and training to automate the agenda preparation process. RFP documents were sent to twenty-three (23) prospective proposers. Additionally, the RFP was advertised state-wide in Florida Bid Reporting and nationally in BidNet and also posted on the Town's web site. The Town received eleven (11) proposals. The selection committee selected R & S Integrated Products & Services in accordance with the attached ranking sheet. PREVIOUS ACTIONS: Not applicable. CONCURRENCES: R & S Integrated Products & Services was chosen by the selection committee consisting of William Underwood, Russell Muniz, Barbara McDaniel, Angela Rodgers, Dave Abramson, Richard Boyhan, and Herb Hyman. FISCAL IMP ACT: Has request been budgeted? yes If yes, expected cost: $25,910 plus $2,795/yr. for maintenance Account Name: Information Systems-Capital Outlay Additional Comments: n/ a. RECOMMENDATION(S): Motion to approve the resolution. Attachment( s): Procurement Authorization Selection Committee Ranking Sheet RESOLUTION NO. A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF R & S INTEGRATED PRODUCTS & SERVICES TO PROVIDE AGENDA AUTOMATION WORKFLOW SOFTWARE AND TRAINING AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SOFTWARE AND TRAINING. WHEREAS, the Town solicited proposals to provide agenda automation workflow software; and WHEREAS, the selection committee has selected R & S Integrated Products & Services as the firm best qualified to provide the required software and training; and WHEREAS, it is in the Town's best interest to execute a contract for such software and training. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA: SECTION 1. The Town Council of the Town of Davie does hereby accept the selection of R & S Integrated Products & Services as the firm best qualified to provide the required software and training and authorizes the Town Administrator or his designee to negotiate an agreement for such products and services and present that contract for approval at a future meeting date. Should no agreement be reached with the highest ranking firm, then the Town Administrator or his designee shall negotiate with the next ranked firm and present that agreement for approval. SECTION 2. This resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS DAY OF ,2006 MA YORlCOUNCILMEMBER Attest: TOWN CLERK APPROVED THIS DAY OF ,2006 TOWN OF DAVIE PROCUREMENT AUTHORIZATION ACCOUNT NUMBER BUDGET ITEM & DESCRIPTION APPROXIMATE COST 05202595936400 Agenda & Workflow Automation Software $45,000 po.. ~;-Z;m) 'C;AfrrJ/L ('....-Ul1 METHOD OF PROCUREMENT (check the one that aoolies) _ Open Competitive Bidding _ Piggyback on Contract Number __~____~____~_ Sole Source --X Request For Proposals j' SPECIACATlONS, LIST OF VEN""., MUSTs:'::TTACNq::--/. Depart ent H d '\ Have Funds been Reserved f2.t;-~. .3.39",:3 Date 1.?16I"f:!gned @ Signed ~ ___ Town Administrator BIDS SUBMITTED VENDOR COST ~ ~ ~~~- f~b~ + S8f2A/lUfi ~> k /1J~" ___ l!JHJLA-h ~ / S (?Il .e. 'Z ~ "D.'!!C f'I "" .S'.) "Y'W/Ir~ ~~ C-t}u '~::-~r~~~~:/ ;W~- ff>fHrt"rlr'" F~c.lRSI''''C. J/ " L Signed ~~ Procure en anager BID SPECIFICATION COMMITTEE'S RECOMMENDATION Vendor Cost f(.-t S ~6&~D' ~t>oI""'-5;)' ~BI-fIIt~.( '.;;J.$ff/z>?'-"tJ ,/~y 11711'Ilf/Tl!!!f;IWJl#';wee A B C D E F 1 2 3 AGENDA AUTOMATED WORKFLOW SOFTWARE 4 5 6 COMMITTEE MEMBER DAYSTAR MCCi COMPUSOLVE ISPA R&S 7 8 9 W. UNDERWOOD "3 i/ 'l ~ T 10 B. MCDANIEL .::l- (,t ..;-- "< J 11 A.RODGERS 3 't.I .;l ~ I 12 R. MUNIZ :'"J '3 Y .s- f 13 D. ABRAMSON ;2 V 3 ..5- J 14 R. BOYHAN :> t../ 3 .5 I 15 H. HYMAN .?- '-I' ~ ~ ) 16 17 TOTAL j(,., :1.7 :2-::1 33 7 18 ( 19 RANKING .;l '!!...I~ v7.P 3'=-"- >L- j~ OFFICE OF THE TOWN CLERK ~~ ----_._---_._-------~._-.--._-- 6591 ORANGE DRI\T. DAVIE, FLORIDA .~::l314-339q PHONE: 954.797.1023. FA\: 954.7971OH7. \"\\'1\.!J'I.\'JE-FL.GC:\ Town Council Agenda Report TO: Mayor and Councilmembers FROM: Russell e. Muniz, MBA, CMC, Acting Assistant Town Administrator SUBJECT: Resolution AFFECTED DISTRICT: Town-Wide TITLE OF AGENDA ITEM: A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH R&S INTEGRATED PRODUCTS AND SERVICES, INe. FOR THE CREATION OF AN AGENDA AUTOMATION WORKFLOW SOFTWARE SOLUTION, AND PROVIDING FOR AN EFFECTIVE DATE. REPORT IN BRIEF: Town of Davie RFP # B-06-l8 was responded to by R&S Integrated Products and Services, Inc. on January 31, 2006 and their selection was approved by Council on March 29,2006. This resolution authorizes the execution of the contract. The contract has been reviewed by the Town Attorney and his recommended changes have been incorporated. PREVIOUS ACTIONS: R-2006-085 approved by Town Council on March 29, 2006 CONCURRENCES: N/A FISCAL IMPACT: $25,910 plus $2,795 per year for maintenance (3 years) RECOMMENDATION(S): Motion to approve the resolution. ATTACHMENT(S): Resolution, Contract \\NS _ TH_ 01 \users$\rmuniz\Russell Muniz\NEW DOCS\2006 Resos\Agenda Worktlow Reso.doc RESOLUTION A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH R&S INTEGRATED PRODUCTS AND SERVICES, INC. FOR THE CREATION OF AN AGENDA AUTOMATION WORKFLOW SOFTWARE SOLUTION, AND PROVIDING FOR AN EFFECTNE DATE. WHEREAS, the creation of the Town Council agenda is a labor intensive process that requires the coordination of work from every department; and WHEREAS, in an effort to streamline the process and maximize efficiency the Town Clerk's Office is desirous of installing an agenda automation workflow solution that will facilitate this process town-wide; and WHEREAS, Town of Davie RFP # B-06-18 was responded to by R&S Integrated Products and Services, Inc. on January 31, 2006; and WHEREAS, a selection committee comprised of Town employees ranked the proposal from R&S Integrated Products and Services, Inc. first and their selection was approved by the Town Council on March 29,2006 via resolution R-2006-085. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA: Section 1. The Town of Davie authorizes the Mayor to execute the contract between R&S Integrated Products and Services, Inc. and the Town of Davie. Section 2. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS DAY OF ,2006. MA YOR/COUNCILMEMBER ATTEST: TOWN CLERK APPROVED THIS DAY OF ,2006. Agenda Automation Workflow Software Project Contract BETWEEN the Town of Davie, Florida AND R&S Integrated Products and Services, Inc. THIS CONTRACT is between Town of Davie, whose address is 6591 Orange Drive, Davie. Florida 33314 (hereinafter referred to as ("town") and R&S Integrated Products and Services. Inc., a Florida corporation, authorized to do business in Florida (hereinafter referred to as "R&S"). In consideration of the mutual terms and promises set forth below. the town and R&S agree as follows: 1. Services R&S' responsibility under this Contract is to provide an Agenda Automation Workflow Software solution, or AA WS, professional services, and a support and maintenance program, as further stated and described in the town's RFP document #B-06-18 entitled "Agenda Automation Workflow Software" dated January 4,2006, and the R&S RFP response dated January 31,2006, which is hereby made a part of this Contract, as was submitted to the town in response to the town's RFP #B-06-18. The town's representative/liaison during the performance of this Contract shall be Russell Muniz, Acting Assistant T own Administrator, Administration Department, 954- 797 -1023, or designee. R&S' representative/liaison during the performance of this Contract shall be Robert Porter, President/CEO, telephone number (863) 709-8044, or Deanna Porter. Chief Financial Officer, telephone number (863) 709-8044. 2. Payments R&S will bill the town for software delivered and services rendered toward the completion of the work listed in the above referenced RFP and RFP response at the rates listed in said response. Payments shall be authorized at the completion of each stage of the contract. Invoice shall be submitted to: Town of Davie ATTN: Russell Muniz Acting Assistant Town Administrator 6591 Orange Drive Davie, Florida 33314 Invoices received from R&S pursuant to this Contract will be reviewed and approved by the town's representative, indicating that software and hardware products have been delivered, and/or professional services have been rendered in conformity with the Contract, and then will be sent to the Accounts Payable Department for payment. Invoices will generally be paid within thirty (30) days following the town representative's approval. 1 Final Invoice: In order for both parties herein to close their books and records, R&S will clearly state "final invoice" on R&S' finaVlast billing to the town. This certifies that all services have been properly performed and all charges and costs have been invoiced to the town. Since this account will thereupon be closed, any and other further charges, if not properly included on this final invoice, or which are in excess of the not to exceed amount, are waived by R&S. 3. Initial Contract Period and Contract Renewal The initial contract period shall begin with the issuance of a purchase order, installation and testing of an AA WS solution, completion of training, and final acceptance of the AA WS solution. AA WS Support and Maintenance will continue for one year from the date of system acceptance or first production use of the system. In addition, the town reserves the right to renew the support contract for additional year periods, under the same terms, conditions and specifications contingent upon mutual agreement and town council approval. 4. Access and Audits R&S shall maintain adequate records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion of this Contract. The town shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at R&S' place of business. 5. Truth-In-Nef!otiation Certificate Signature of this Contract by R&S shall also act as the execution of a truth-in-negotiation certificate certifying that the wage rates, over-head charges, and other costs used to determine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract and no higher than those charged R&S' most favored customer for the same or substantially similar service. The said rates and costs shall be adjusted to exclude any significant sums should the town determine that the rates and costs were increased due to inaccurate, incomplete or concurrent wage rates or due to inaccurate presentation of fees paid to outside contractors. The town shall exercise its rights under this clause within three (3) years following final payment. 6. Insurance ReQuirements R&S agrees to maintain, on a primary basis and at its sole expense, at all times during the life of this contract the following insurance coverage and limits, including endorsements described herein. The requirements contained herein, as well as the town's review or acceptance of insurance maintained by Contractor, is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract. Commercial General Liability: Contractor agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Business Automobile Liabilitv: Contractor agrees to maintain Business Automobile Llabihty' at a illm of liability not less than $500,000 Each Occurrence. Coverage shall include liability for O\vned, ]\,011 Owned & Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees (u maintain coverage for Hired & Non- Owned Auto Liability. which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability polin' Worker's Compensation Insurance & Emplovers Liability: Worker's Compensation Insurance to apply for all employees in compliance with the Worker's Compensation Insurance la\v of the State of Florida and all applicable Federal laws. Such policy must include Employer's Liability insurance in the amount of $1,000,000.00 for each accident, $500,000.00 disease (policy limit), and $100,000.00 disease (each employee ). 7. Patents and Rovalties: R&S, without exception, shall indemnify and save harmless the town and its employees from liability of any kind including cost and expenses for or on account of any copyrighted, patented or unpatented invention, process or article of manufacture or lot and any article used in the performance of the contract, including its use by the town. IfR&S uses any design, device or materials covered by letters, patent or copyright, it is mutually agreed, and understood without exception that the proposal prices shall include all royalties or cost arising from the use of each design, device or materials in any way involved in the work. 8. Contract Continuity/Transitional Period: In the event the services are scheduled to end either by contract expiration or by termination by the town (at the town's discretion), it shall be incumbent upon R&S to continue the service, if requested by the town, until new services can be completely operational. At no time shall this transitional period extend more than ninety (90) days beyond the expiration date of the existing contract. R&S will be reimbursed for this service at the rate in effect when this transitional period clause is invoked by the town. 9. Contracts Overlappine Fiscal Years: When a contract's terms extends beyond the fiscal year in which the contract commences, the town wlll issue a new Purchase Order to cover its needs for the balance of the fiscal year and a new purchase order will be issued to correspond with the remaining months of the contract that extends into the next fiscal year. Issuance of a new Purchase Order shall be subject to the availability of budgeted funds. 10. Termination For Cause If, through any cause, R&S shall fail to fulfill in a timely and proper manner its obligations under this Contract, or ifR&S shall violate any of the provisions of this Contract, the town may, upon a three (3 \ day written notice to R&S, immediately terminate the right ofR&S to proceed under this Contract or with such part or parts of the Contract as to which there has been default, and may hold R&S liable for any damages caused to the town by reason of such default and termination. In the event of such termination, any completed services performed by R&S under this Contract shall, at the option of the town, become the town's property and R&S shall be entitled to receive equitable compensation for any work completed to the satisfaction of the town, less any amounts which the town reasonably deems necessary to withhold in order to correct any defects or deficiencies in the work performed by R&S. R&S, however, shall not thereby be relieved of liability to the town for damages sustained by the town by reason of any breach ofthe Contract by R&S, and the town may withhold any payments to R&S for the purpose of set off until such time as the amount of damages can be determined. R&S shall not be held liable for damages under this article solely for reasons of delay if the delay is due to causes beyond its control and without its fault or negligence, but this shall not prevent the town from terminating this Contract because of such delay. In no event shall the town pay for profit or overhead on work not performed. 11. Termination For Convenience This Contract may be terminated by the town without cause upon thirty (30) day written notice to R&S. In the event of such a termination without cause, R&S shall be compensated for all services, together with reimbursable expenses incurred. In such event, R&S shall promptly submit to the town its invoice for final payment and reimbursement under the terms of this Contract. 12. Indemnification R&S shall indemnify and save harmless and defend the town, its agents, servants, and employees from and against any and all claims, liability, losses, and/or cause of action which may arise from any negligent act or omission of R&S, its agents, servants, or employees in the performance of services under this Contract. R&S further agrees to indemnify, save harmless and defend the town, its agents, servants and employees from and against any claim, demand or cause of action whatsoever kind or nature arising out of any conduct or misconduct of R&S not included in the paragraph above and for which the town, its agents, servants or employees are alleged to be liable. 13. Independent Contractor R&S is an independent contractor under this Contract. Personal services provided by R&S shall be by employees ofR&S and subject to supervision by R&S, and are not officers, employees, or agents of the town. Personnel policies, tax responsibilities, purchasing policies and other similar administrative procedures applicable to services rendered under this Contract shall be those ofR&S. 14. Authority to Practice R&S hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the town's representative upon request. 15. Severability If any term or provision of this Contract or the application thereof to any person or circumstances shal1. to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provIsion of this Contract shall be deemed valid and enforceable to the extent permitted by law. 16. Governin2: Law/Jurisdiction/Venue The Contract shall be construed in accordance with and governed by the law of the State of Florida. The partIes agree to Jurisdiction for any action arising out of or relating to this Contract in any Florida state or federal court. Venue for any action arising out of or relating to this Contract shall lie in Broward County, Florida. 17. Successors and Assi2:ns The town and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. R&S shall not assign this Contract without written consent of the town. 18. Conflict of Interest R&S 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 hereunder, as provided for in Section 112.311, Florida Statutes. R&S further represents that no person having any interest shall be employed for said performance. R&S shall promptly notify the town's representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest, or other circumstances, which may influence or appear to influence R&S' judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that R&S may undertake and request an opinion of the town as to whether the association, interest or circumstance would, in the opinion of the town, constitute a conflict of interest if entered into by R&S. The town agrees to notify R&S of its opinion by certified mail within thirty (30) days of receipt of notification by R&S. If, in the opinion of the town, the prospective business association, interest or circumstance would not constitute a conflict of interest by R&S, the town shall so state in the notification and R&S shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the town by R&S under the terms of this Contract. Conversely, if, in the opinion of the Town the prospective business association, interest, or circumstance would constitute a conflict of interest by R&S, R&S, shall not enter into said association, interest, or circumstance. 19. Contin2:ent Fees R&S warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for' R&S to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for R&S, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. 20. Nondiscrimination R&S warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 21. Public Entity Crimes As provided in Sections 287.132 and 287.133, Florida Statutes, by entering into this Contract or performing any work in furtherance hereof, R&S certifies that it, its affiliates, suppliers, subcontractors and Contractors 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 36 months immediately preceding the date hereof. This notice is required by Section 287. 133(3)(a), Florida Statutes. 22. Modifications of Work The town reserves the right to make changes in Scope of Services, including alterations, reductions therein or additions thereto. Upon receipt by R&S of the town's notification of a contemplated change, R&S shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the town of any estimated change in the complete date, and (3) advise the town ifthe contemplated change shall effect R&S' ability to meet the completion dates or schedules of this Contract. The parties agree to negotiate in good faith changes in the Scope of Services that may occur. If the town so instructs in writing, R&S shall suspend work on that portion ofthe Scope of Services affected by a contemplated change, pending the town's decision to proceed with the change. If the town elects to make the change, the town shall initiate a Contract Amendment and R&S shall not commence work on any such change until such written amendment is executed by the parties hereto with the same formality as the original. 23. Notice All written notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the town, shall be mailed to: Town of Davie A TTN: Russell Muniz Acting Assistant Town Administrator 6591 Orange Drive Davie, Florida 33314 and if sent to R&S Integrated, shall be mailed to: R&S Integrated Products and Services, Inc. Attn: Deanna Porter Address: 3816 Industry Blvd. Lakeland, Florida 33811 24. Entirety of Contract The town and R&S agree that this Contract sets forth the entire Contract between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto with the same formality as the original. IN WITNESS WHEREOF, the Town of Davie enters this Contract in accordance with and as authorized by action on ,2006. Signature - Town of Davie Signature - R&S Integrated Tom Truex Robert E. Porter Mayor President/CEO Date Date Signature - Town of Davie Russell Muniz Acting Assistant Town Administrator Date Administration 954.797-1030 Paries & Recreation 954- 797-1145 Budget & Rnance 954-797.1050 Police Department 954-693-8200 Development Services 954-797-1111 Public Works 954.797.1240 Engineering 954.797-1113 Special Projects 954-797-1153 Fire Department 954-693-1211 Technology & Information 954-797-1107 Human Resources 954-797-1100 Town Clerks 954.797.1023 Planning & Zoning 797-1103 Utilities 954-433-4000 tOWN OF DA VIE 6591 Orange Drive, Davie, Florida 33314-3399 (954) 797-1000 April 17, 2006 Mr. Robert Porter R & S Integrated Products and Services, Inc. ..3816 Industry'SI~;- o' - Lakeland, FL 33811 Dear Mr. Porter: Thank-you for taking the time to submit a proposal for Agenda Automation Workflow Software, 8-06-18. After a review of the proposalS received, the Town Council accepted the selection of your firm in accordance with the attached resolution and ranking sheet. Members of the Town's staff will contact you to begin negotiations on a contract which will require Council approval. Please contact me at (954) 797-1016 should you have any questions. Sincerely, .. . - . ., An Equal Opportunity Employer ,i" \ .iJ. - L: .. ,,1...t ~; RESOLUTION NO. R-2006-8.5 A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SELECTING THE FIRM OF R & S INTEGRATED PRODUCTS & SERVICES TO PROVIDE AGENDA AUTOMATION WORKFLOW SOFTWARE AND TRAINING AND AUTHORIZING THE TOWN ADMINISTRATOR OR HIS DESIGNEE TO NEGOTIATE AN AGREEMENT FOR SUCH SOFTWARE AND TRAINING. WHEREAS, the Town solicited proposals to provide agenda automation workflow software; and WHEREAS. the selection committee has selected R & S Integrated ProducL~ & Services as the finn best qualified to provide the required software and training; and WHEREAS, it is in the Town's best interest to execute' a contract for such software and training. NOW, THEREFORE, BE IT RESO~~~D BY TJIE TO~ COUN_CJL OF THE TOWN OF DAVIE, FLORIDA: -- -. -" ~ ...:.- _,. --'" _". __t .... _ SECTION 1. The Town Council of the Town of Davie does hereby accept the selection of R & S Integrated Products & Services as the firm best qualified to provide the required software and training and authorizes the Town ,Administrator or his designee to negotiate an agreement for such products and services and r present that: contract for approval at a future meeting date. Should no agreement be reached with the highest I : ranking firm, then th,e Town Administrator or his designee shall negotiate with the next ranked firm and present " that agreement for approval. SECTION 2. This resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS ;J q [(DAY OF vtYl u't.cjJ _,2006 ~--- _...o.-~ -- -'- . .~ - .-- MA YOR/COyw'CILMEMBER APPROVED THIS ,;;q ci:. DAY OF .2006 ~ , I t j' TOWN OF DAVIE l : PROCUREMENT AUTHORIZATION , ACCOUNT NUMBER BUDGET ITEM & DESCRIPTION APPROXIMATE COST 05202595936400 Agenda & Workflow Automation Software $45,000 Uflt. ~nmi .-CIIt'rr1h- C'l.ln.IIY METHOD OF PROCUREMENT (checkthe one that apolies) _ Open Corj1petitive Bidding . . ~ Piggyback pn Contract Number _ Sole Sourc~ ~ .-X.. Request F~r .Proposals SPECIFICATIONS & LIST OF VENDORS MUST BE ATTACHED Signed Depart - -_. - - ~ --.- Have Funds be~n Res'e~ed .~. .3.3-9,;3 - !.. .-'-~-- - -. _. I : i Date i~~f1~ Signed. Town Administrator BIDS SUBMITTED VENDOR COST ~J .~7tf8) f/UJ~~ ,~ ..rB1z.VI'Ufi /rY.r . .:. ...k.. . __ .. C."N1 rIA. ~c...(/~ I1J ~,. I . ,4>~4 Signed ~ - _.0.....-_ .___________....-. ... .~ . - . __'_ _ . . Procure en anager . . ~ ~.. 1 ..." -. - ..... '.- ....._.~- BID SPECIFICATION COMMITTEE'S RECOMMENDATION Vendor Cost !<~ S k-6&~ fkpf:1r4 er5v.- f: 6i4I1t.iY{ , :;.r; f /7). p/.-l;{.f YI!rIf!4,Y (l7;:rIIfl~J17JI~ ; \ i ., J - . . . .. , I .~l ; , ~ . .. I . .' :. ~ \" I . ~ '" ! , ::- - . .. I , .-r, ; i';'; , ! . .... I I ~_"' ( " I ( r A" I Be: ,.' 0 E'F 1 r ~,: ~;i :Jl- .;~! ~ ~ -~-~-~- ..' '.) -I.' : 2 , ': '1 ::~..i ; --"'- --------__ _~. . I ~ 3 : AGENDA AUTOMATEbiwORKFLOW SOFTWARE " , 4 I' , , , .' . I. . 5 f < : :, : i' \ : : 6 COMMITTEE MEMBER DAYSTAR . MCCi:'-',;./!coMpUSOLVE ISPK R & S i~., . . : ~ I I 7 C ! ; . _... I J; 8 : 9 W,. UNDERWOOD ' 3 i.7:.2- ~\ / 10 B. MCDANIEL ~ ;:l- V ., ! -~ '"< . J , , 11 A.RODGERS - \ .3 i1 __~;2. ~I/ : 12 R. MUNIZ 1:::J"3: V S-~ / 13 D. ABRAMSON i:2 7.7 ~ Y-' J ::~ 14 R. BOYHAN :.:). __ L/ 3 .5 I.' f--- ~ ~ _ .~ 15 H. HYMAN ._ r ;;)- L.7 " s ..s-; J,. l l' t ,-, 16, .") 17 TOTAL - -~~ .--.- -~/7:--- .2. 7 I. .:L -::1- :3 3 . 7 ;) ---.~-.~---- \ r r. 18 ~ _', 19 RANKING -~--- : ~~__H-+-- V 'dJ - 3 E:.b!.. p.'1 J~ ~ , . I" !.. . ; , .' , . i I ':-:: I ~ !.~ . .f. ( . -' i j ~:."~; :' , :":,'\ ~.~..;-- , I: ,y:;:-, t, 1,_ :;, ; I :>:'+:''1"'' ',:, ( , VI.-CONSENT AGENDA ITEM 8.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office C8J December] 6, 2008 December 1,2008 (Noon) o February 17, 2009 February 2, 2009 (Noon) o January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon) o Janua;39"2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon) c;\ <::> ~3 D February 3, 2009 January 19, 2009 (Noon) o April 7, 2009 March 16, 2009 (Noon~ .-{:, -<.0 " ~ ("')""" r- -(13 - rf'l'O 0 Announcements/Presentations 0 City Manager's Report \J:J ~-< :Xz NATURE OF 0 Administrative 0 New Business -0 vi-l :s (:) AGENDA ITEM ~ Consent Agenda 0 Legal ~ Ii 0 Code Compliance & Legal Settlements 0 Unfinished Business (.0) C >,. 0 Public Hearing 0 RECOMMENDATION: A motion to multi-award the "ANNUAL BID FOR SAFETY CLOTHING AND EQillPMENT", Bid #001-1412-09/JA, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated expenditure of $31,000.00. CONTRACT PERIOD: DECEMBER 17, 2008 TO DECEMBER 16, 2009 EXPLANATION: On October 09, 2008, the Procurement Services opened (7) seven bids. It is recommended to award this bid to multi vendors as overall "Low Bidders". The evaluating factors used in determining the award were based on pricing, warehouse processing time and brand name. In addition to proposing the lowest prices, a catalog discount was offered from several companies for overall discount pricing. Michael Dauta, Warehouse Manager, concurs with this recommendation per attached memo. The provision of this bid will allow for two (2) additional (1) one year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performances and determination that the renewal is in the best interest of the City. PROGRAM IMP ACT: The purpose of this bid is to establish a source of supply for the purchase of Safety Clothing and Equipment. Safety Clothing and Equipment will be ordered on an "AS NEEDED BASIS" and stocked within the City's Warehouse for the use of various departments within the City. FISCAL IMPACT: BUDGET ACCOUNT NUMBER ESTIMATED ANNUAL EXPENDITURE WAREHOUSE 502-00-141-00-0 $31,000.00 ALTERNATIVES: Warehouse not stocking inventory and each department would order on an "As Needed Basis", therefore, slowing the process down. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM LAST YEAR'S EXPENDITURE: $28,000.00 , ) ~~ _._--* Department Head's Signature City Manager's Signature Assistant to City Manager_ Cflrt-- ~;b~ City Attorney / Finance S:\BULLETIN\FORMS'AGENDA ITEM REQUEST FORM DOC The City of Boynton Beach Finance Department WAREHOUSE DIVISION ~ TO: Carol Doppler, Purchasing Agent FROM: Michael Dauta, Warehouse Manager AD DATE: October 28, 2008 SUBJECT: Safety Bid # 001-1412-09/JA I reviewed the tabulation sheet sent from your office. My recommendation is a multi- award to overall low vendor. The evaluating factors used were A) Pricing; B) Warehouse processing time C) Brand Name Last year's expenditures were $28,000. The next year's expenditures will be an estimated $31,000. Air Ti2ht Hem(s) # 1,2,8,14, 17,20,23,24,25,(Item 35 Air Tight is awarded the 1 and 5 gallon size) MSC Industrial Supply Hem(s) # 3,6,11,16,26,38 Moore Medical Hem(s) # 5 Ritz Safety Hem(s) # 18,27,30,33,37,40,41 Safety Zone Specialist Hem(s) # 4,9,19,22,29,39 Sunrise Safety Item(s)# 13.15.21 Grain2er Item(s) # 7.1 0.12,2831.3234.(Jtem 35 Grainger is awarded [he 2 gallon size).36 In addition, the following vendors included a discount of cost plus % for all items not listed on the bid. MSC Industrial Supply 15% Moore Medical 16% Ritz Safety 10% Sunrise Safety 10% Grainger 10% CC: Barry Atwood, Director of Finance NAME OF BID: "RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT BID DATE: OCTOBER 09, 2008 BID # 001-1412-09/JA STATEMENT OF "NO BID" LISTING LAWMEN'S & SHOOTERS' SUPPLY INC. UNABLE TO MEET SPECIFICATIONS 7750 9TH STREE S.W. VERO BEACH, FL 32968 OUTDOOR OUTFITS WE ARE UNABLE TO QUOTE 372 RICHMOND STREET WEST COMPETITIVELY THIS TIME TORONTO,CANADA MSVJX6 ......LllJ.:, LVW~LH i"lV.,l t\.r..,.t'Ul~;:'lVt., Kt.~l'UNSll)LE BIDDER WHO MEETS ALL SPECIFICATIONS**** ~ '"~ /~ , _ ~____--.~ 0'7 _._- f>. O~~R CP~;-~~o- 0 /- (//~~/~ ~ \ " AGENT qflCHEAL DAUTA, WAREHOUSE MANAGER RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT BID OPENING DATE: OCTOBER 9,2008 BID OPENING TIME: 5:00 P.M. BID # 001-1412-09/JA "Offers from the vendors listed herein are the only offers AIR - TIGHT, LLC MSC INDUSTRIAL SUPPLY MOORE MEDICAL LLC --..- received timely as of the above receiving date and time. All 1294 N. CONGRESS AVE. 1800 N. POWERLlNE RD. 1690 NEW BRITAIN AVE other offers submitted in resp~nse to this solicitation, if any, WEST PALM BEACH FL 33409 POMPANO BEACH FL 33069 FARMINGTON CT 06032 are hereby rejected as late ' ' , PH: (561) 640-4802 PH: (954) 969-9250 PH: (800) 234-1464 ext 5441 FAX: (561) 640-4803 FAX: (954) 969-9452 FAX: (877) 354-5916 CONTACT: SLOAN CAMPBELL CONTACT: RON BUCKLEY CONTACT: NANCY VITULANO SAFETY CLOTHING & EQUIPMENT 1 General Purpose Boots Steel Toe $9.75 $12.10 NOBID 2 14" Leather Bunker Boots $193.00 NO BID NO BID 3 Hearing Protection (ear plugs) $39.00 $15.00 NO BID 4 Clear Anti-Fog Safety Glasse Genesis $5.73 $5.58 $5.09 5 Gray Anti-Fog Safety Glasses (Genesis) $6.30______ $5.70 $5.57 6 Amber Anti-Fog Safet Glasses (Genesis) $6.30 $5.70 $63.52/BOX OF 10 ___.__ Clear Anti-Fog Safety Glasses (over the 7 glasses) $4.57 $5.70 $59.90 BOX OF 10 _ _ Gray Anti-Fog Safety Glasses (over the 8 glasses) $4.99 $5.90 $64.84/BOX OF 10 9 Black eye cords for Safety Glasses._ $1.37 ______ _. $1.30 $36.54 /BOX OF 25 . 0___ 10 ClearAnti-FogGoggles________ $7.83 .__ $7.50_____ $6.95 ___ 11 Amber Anti-Fog Goggles____ __ ____________. $8.40 $7.95 $83.08/BOX OF 10 12 Long Cuff Leather Work Gloves ___._____ _______.__._ $1.86________ __ . $1.04 ...____ NO BID 13 Knit Wrist Cotton Gloves w/grip **$0.60__ $0.50 . __ ________ _______ NO BID_____ 114 Gray Nitrile Ultra Tech Gloves $2.19 $2.30 NO BID______ SHEET 1 RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EOUIPMENT RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT BID OPENING DATE: OCTOBER 9,2008 BID OPENING TIME: 5:00 P.M. BID # 001-1412-09/JA "Offers from the vendors listed herein are the only offers AIR - TIGHT, LLC MSC INDUSTRIAL SUPPL Y MOORE MEDICAL LLC received timely as of the above receiving date and time. All 1294 N. CONGRESS AVE. 1800 N. POWERLlNE RD. 1690 NEW BRITAIN AVE other offers submitted in resp~nse to this solicitation, if any. WEST PALM BEACH FL 33409 POMPANO BEACH, FL 33069 FARMINGTON, CT 06032 are hereby rejected as late ' PH: (561) 640-4802 PH: (954) 969-9250 PH: (800) 234-1464 ext 5441 FAX: (561) 640-4803 FAX: (954) 969-9452 FAX: (877) 354-5916 CONTACT: SLOAN CAMPBELL CONTACT: RON BUCKLEY CONTACT: NANCY VITULANO SAFETY CLOTHING & EQUIPMENT 15 Black Mechanic's Glove $10.15 $8.25 NOBID 16 Dis osable Gloves Non Medical box of 100 $4.25 $~.5Q NO BID 17 Shelb Fire Wall Gloves *~$49.0Q JUI'\ItBO$IZ~+$2;OO NO BID NO BID 18 Defend Res onse Kit $17.55 NO BID NO BID 19 Hard Hats full brim) White, Yellow $12.20 $7.30 NO BID 20 Rainsuits-Oran e $a.aO. NO BID NO BID 21 Raincoats-Oran e $13.00 NOBID NO BID 22 First Aid Kit Econom 4536 $30.44 NO BID NO BID 23 First Aid Kit Refill HEA - 2025R $9.;43 NO BID NO BID 24 $4.83 $6.15 NO BID 25 Microshield Ke Chain $1,Q8 NO BID NO BID Lime Green Safety Vest with Reflective 26 Strip $8.00 $1.04 NO BID 27 Orange Safety Vest with Fire Imprinted NOBID NO BID NO BID 28 Oran e Observer Safet Vest $5.50 NO BID NO BID 29 Traffic Cones $4.50 $4.76 NO BID 30 "Crime Scene" Caution Tape $16.18 NOBID NO BID SHEET 1 RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT 2 ~E-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT 310 OPENING DATE: OCTOBER 9,2008 310 OPENING TIME: 5:00 P.M. 310 # 001-1412-09/Jf\ "Offers from the vendors listed herein are the only offers AIR- TIGHT, LLC MSC INDUSTRIAL SUPPLY MOORE MEDICAL LLC received timely as of the above receiving date and time. All 1294 N. CONGRESS AVE. 1800 N. POWERLlNE RD. 1690 NEW BRITAIN AVE other offers submitted in response to this solicitation, if any, WEST PALM BEACH FL 33409 POMPANO BEACH, FL 33069 FARMINGTON, CT 06032 are hereby rejected as late ' PH: (561) 640-4802 PH: (954) 969-9250 PH: (800) 234-1464 ext 5441 FAX: (561) 640-4803 FAX: (954) 969-9452 FAX: (877) 354-5916 CONTACT: SLOAN CAMPBELL CONTACT: RON BUCKLEY CONTACT: NANCY VITULANO SAFETY CLOTHING & EQUIPMENT 31 Caution Tape $6.18 $7.75 $8.24 32 "Do Not Enter" Caution Tape $6.18 $10.50 NO BID 33 "Fire-Do Not Cross" Caution Tape $13.00 $10.50 $8.24 34 Safety Flares ** $70.18/72 CASE NO BID NOBID --~,~ 35 Gas cans wi Spout 1-2-5 GALS $8.00 NO BID NO BID -- 36 Gatorade - 2.5 pouches; Flavors- Orange,Grape,Lemon-lime,& Fruit Punch $128.20 $2.95 $59.05/CASE OF 144 37 Oil Absorbent Spill Booms $60.82 (4-PACK)) $50.74 NO BID 38 36" DOT Traffic Cones $18.86 $9.85 NO BID 39 24" Wood Barricades NOBID NOBID NO BID 40 24" Plastic Barricades $39.98 NO BID NO BID 41 N95 Respirator Mask $20.77 (10-PACK) $14.50 NO BID ----._~". ----_._- -- ~-~-~-<---~'-- .----.-.- .-._-_.-----_.-... '...,-- _.-'- ~-~,._-- .--_._-- SHEET 1 RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT BID OPENING DATE: OCTOBER 9,2008 BID OPENING TIME: 5:00 P.M. BID # 001-1412-09/JA "Offers from the vendors listed herein are the only offers AIR - TIGHT, LLC MSC INDUSTRIAL SUPPL Y MOORE MEDICAL LLC received timely as of the above receiving date and time. All 1294 N. CONGRESS AVE. 1800 N. POWERLlNE RD. 1690 NEW BRITAIN AVE other offers submitted in resp?nse to this solicitation, if any, WEST PALM BEACH FL 33409 POMPANO BEACH, FL 33069 FARMINGTON, CT 06032 are hereby rejected as late ' PH: (561) 640-4802 PH: (954) 969-9250 PH: (800) 234-1464 ext 5441 FAX: (561) 640-4803 FAX: (954) 969-9452 FAX: (877) 354-5916 CONTACT: SLOAN CAMPBELL CONTACT: RON BUCKLEY CONTACT: NANCY VITULANO SAFETY CLOTHING & EQUIPMENT PERCENT OFF CATALOG ITEMS 0% 15% 16% CALENDAR DAYS FOR DELIVERY 21 1-2 1-3 DISCOUNT PERCENT BY WHAT DAY OF MONTH . ZERO ** SEE NOTA TION** ZERO TERMS NET 30 CATALOG/PRICE LISTING SUBMITTED NO YES YES ANTI-KICKBACK AFFIDAVIT SUBMITTED ****YES/NOT SIGNED YES YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT A MINORITY OWNED YES/NOT A MINORITY OWNED NOT SUBMITTED BUSINESS BUSINESS CONFIRMATION OF A DRUG-FREE WORKPLACE SUBMITTED YES YES YES SPECIFICATION CHECK OFF SHEET PAGE 3 SUBMITTED YES YES YES COMMENTS ",* SEENQTATION$ ** U*SE:E An AQH~D~~'l[I;iR'.~RE<iiARDS TG>.~.~.~~TITYTION~r* RE~Eive~$IGNED ANTI,- klQBAekON1 O/~9/2QOt3 ***SEE ATTACHED LETTERS*** SHEET 1 RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT 4 RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT BID OPENING DATE: OCTOBER 9,2008 BID OPENING TIME: 5:00 P.M. BID # 001-1412-09/JJl. RITZ SAFETY SAFETY ZONE SPECIALISTS, INC. SUNRISE SAFETY INC. 1851 N. POWERLlNE RD. P.O. BOX 90764 5377 N. HIATUS ROAD POMPANO BEACH, FL 33069 LAKELAND, FL 33804-0764 SUNRISE, FLORIDA 33351 PH: (954) 971-3176 PH: (863) 984-1385 PH: (954) 746-7373 FAX: (954) 971-1272 FAX: (863) 984-0058 FAX: (954) 748-7472 CONTACT: TIMOTHY BLAIKIE CONTACT: DAVID A. VESPA CONTACT: ROSANNE FERMOILE SAFETY CLOTHING & EQUIPMENT 1 General Purpose Boots Steel Toe $11.95 $14.00 $17.10 , 2 14" Leather Bunker Boots $273.00 NO BID $245.00 .-- 3 Hearing Protection (ear plugs) $10'l.25/NON STOCK $0.10 $24.00 4 Clear Anti-Fog Safely Glasse Genesis $6.27 $4.95 $7.25 ~~~~ 5 Gray Anti-Fog Safety Glasses (Genesis) $6.87 NOBID $8.54 6 Amber Anti-Fog Safety Glasses (Genesis) $6.87/NON STOCK NO BID $8.54 Clear Anti-Fog Safety Glasses (over the 7 glasses) $5.98 NOBID $7.98 -~".~."-~ ' --,- -- Gray Anti-Fog Safety Glasses (over the 8 glasses) $6.55 NOBID $8.72 9 Black eye cords for Safet Glasses $37.00/NON STOCK $0.60 $1.95 10 Clear Anti-Fog Goggles $8.55 NOBID $10.64 11 Amber Anti-Fog Gog!Jles $8.60 NON STOCK NO BID $11.40 12 Long Cuff Leather Work Gloves $15.65 NO BID $2.68 .-'''-...-- -.-.,. -. . -..-.-.--- 13 Knit Wrist Cotton Gloves w/grip $5.50 NO BID $0.38 ".,..~~_. -'-.--- ____,_"___.'r__ '-"-- 14 Gra Nitrile Ullra Tech Gloves $24.00 NO BID $2.56 -".-."---'--- --,.".-.--"-----, --.- -- ._'.~ ___'0___ --,-_.-.,-,0 '_'_,.."_..", ~____ SHEET 2 R-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENl RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT BID OPENING DATE: OCTOBER 9, 2008 BID OPENING TIME: 5:00 P.M. BID # 001-1412-09/JA RITZ SAFETY SAFETY ZONE SPECIALISTS, INC. SUNRISE SAFETY INC. 1851 N. POWERLlNE RD. P.O. BOX 90764 5377 N. HIATUS ROAD POMPANO BEACH, FL 33069 LAKELAND, FL 33804-0764 SUNRISE, FLORIDA 33351 PH: (954) 971-3176 PH: (863) 984-1385 PH: (954) 746-7373 FAX: (954) 971-1272 FAX: (863) 984-0058 FAX: (954) 748-7472 CONTACT: TIMOTHY BLAIKIE CONTACT: DAVID A. VESPA CONTACT: ROSANNE FERMOILE SAFETY CLOTHING & EQUIPMENT 15 Black Mechanic's Glove $10.15 NO BID $.6.90 16 Dis osable Gloves Non Medical box of 100 $3.80 $7.55 $5.95 17 Shelb Fire Wall Gloves $59.00/SUBSTITUTE NOBID $60.17 18 Defend Res onse Kit $11.5Q/f\J~f\JST~CK NOBID $1.7.52 19 Hard Hats (full brim) White, Yellow $12.20 $7.10 $9.90 20 Rainsuits-Oran e $32.90 NO BID $12.75 21 Raincoats-Oran e $31.40 NO BID $1:2.75 22 First Aid Kit Econom 4536 $12.65 $12.1() $18.95 23 First Aid Kit Refill HEA - 2025R $10.55 NO BID $11.95 24 $7.10 NOBID $7.35 25 Microshield Ke Chain $8.55 NOBID $10.34 Lime Green Safety Vest with Reflective 26 Strip $6.80 ALL SIZES $9.50 $4.75 27 Orange Safety Vest with Fire Imprinted $16.50 TO SX XL $21.80 $17.65 28 Oran e Observer Safet Vest $3.05 $21.80 $4.75 29 Traffic Cones $5.65 $4.25 $6.95 30 "Crime Scene" Caution Ta e $7.05 $8.40 $9.00 SHEET 2 R-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT 2 ~E-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT ~ID OPENING DATE: OCTOBER 9,2008 ~ID OPENING TIME: 5:00 P.M. 310 # 001-1412-09/JA RITZ SAFETY SAFETY ZONE SPECIALISTS, INC. SUNRISE SAFETY INC. 1851 N. POWERLlNE RD. P.O. BOX 90764 5377 N. HIATUS ROAD POMPANO BEACH, FL 33069 LAKELAND, FL 33804-0764 SUNRISE, FLORIDA 33351 PH: (954) 971-3176 PH: (863) 984-1385 PH: (954) 746-7373 FAX: (954) 971-1272 FAX: (863) 984-0058 FAX: (954) 748-7472 CONTACT: TIMOTHY BLAIKIE CONTACT: DAVID A. VESPA CONTACT: ROSANNE FERMOILE SAFETY CLOTHING & EQUIPMENT 31 Caution Tape $5.05 $5.65 $9.00 32 "Do Not Enter" Caution Tape $5.05 $8.40 $9.00 33 "Fire-Do Not Cross" Caution Tape $5.05 NON STOCK $8.40 $9.00 --- 34 Safety Flares $69.60 $2.70 $4.24 --~- 35 Gas cans wI Spout $59.00 1-Gal $38.60 2-Gal $40.10 5 Gal $44.40 $40.43 36 Gatorade - 2.5 pouches; Flavors- Orange,Grape,Lemon-lime,& Fruit Punch $94.50 NO BID $3.66 37 Oil Absorbent Spill Booms $49.75 NOBID $85.20 38 36" DOT Traffic ConE~s $17.15 $17.85 $19.75 39 24" Wood Barricades $30.65 EG $28.50 HI $34.50 $45.62 40 24" Plastic Barricades $32.60 EG $47.30 HI $57.15 $64.31 41 N95 Respirator Mask $9.50 $2.10 $18.95 -..- "_._------~' ~.,.,,~--- ---_.~._- SHEET 2 R-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMEN1 RE.BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT BID OPENING DATE: OCTOBER 9,2008 BID OPENING TIME: 5:00 P.M. BID # 001-1412-09/JA RITZ SAFETY SAFETY ZONE SPECIALISTS, INC. SUNRISE SAFETY INC. 1851 N. POWERLlNE RD. P.O. BOX 90764 5377 N. HIATUS ROAD POMPANO BEACH, FL 33069 LAKELAND, FL 33804-0764 SUNRISE, FLORIDA 33351 PH: (954) 971-3176 PH: (863) 984-1385 PH: (954) 746-7373 FAX: (954) 971-1272 FAX: (863) 984-0058 FAX: (954) 748-7472 CONTACT: TIMOTHY BLAIKIE CONTACT: DAVID A. VESPA CONTACT: ROSANNE FERMOILE SAFETY CLOTHING & EQUIPMENT PERCENT OFF CATALOG ITEMS 10% 0% 10% CALENDAR DAYS FOR DELIVERY 1-2 14 1-10 DISCOUNT PERCENT BY WHAT DAY OF MONTH NET 30 NET 30 DAYS ZERO CATALOG/PRICE LISTING SUBMITTED YES NO YES ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES CONFIRMATION OF MINORITY YES/YES - WOMAN BROW ARD OWNED BUSINESS SUBMITTED COUNTY SMALL BUSINESS AND YES/NOT A MINORITY OWNED BROWARD COUNTY PUBLIC YES/NA BUSINESS SCHOOLS CONFIRMATION OF A DRUG-FREE WORKPLACE SUBMITTED YES YES YES SPECIFICATION CHECK OFF SHEET PAGE 3 SUBMITTED YES YES YES COMMENTS SHEET 2 R-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT 4 RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT BID OPENING DATE: OCTOBER 9,2008 BID OPENING TIME: 5:00 P.M. BID # 001-1412-09/JA "Offers from the vendors listed herein are the only offers WW. GRAINGER INC. received timely as of the above receiving date and time. All 1800 N. FLORIDA MANGO ROAD other offers submitted in response to this solicitation, if any, WEST PALM BEACH FL 33409 are hereby rejected as late ' PH: (561) 684-6895 FAX: (561) 686-1066 CONTACT: STEVE LARRABEE SAFETY CLOTHING & EQUIPMENT 1 General Purpose Boots Steel Toe SUBSTITUTION 2 14.Lea~erBunkerBoo~ NO BID 3 Hearing Protection (ear plugs) $15.16 ~~ 4 Clear Anti-Fog Safet Glasse Genesis $5.60 __..u 5 Gray Anti-Fog Safety Glasses (Genesis) NO BID -- . ------.------ 6 Amber Anti-Fog Safety Glasses (Genesis) NO BID Clear Anti-Fog Safety Glasses (over the 7 glasses) $4.46 ~-----_._._-,_.~- ----~-_.-~.~~-- Gray Anti-Fog Safety Glasses (over the 8 glasses) NO BID 9 Black e e cords for Safety Glasses $1.30 ,._-'--_0." . ..___.__ _.." _"__ _ .. _ ____..__.M..~"__~_..~_.__~ 10 Clear Anti-Fog Goggles $6.67 -----~<._-- 11 Amber Anti-Fo Goggles NO BID -- ---~_._- ~.__.."-~. - "------- 12 Long Cuff Leather \IV ark Gloves $0.99 _.~~~.. ---. -"'---_._-_._-"------_._-_.".~- --~-----_.._,._~_.- ._~---_._., .~ 13 Knit Wrist Cotton Gloves w/grip .-..-,-- $0.43 .__M -_._-,,_.,~-~._..-....__.,.,_.,-_.,.. -.-...."'--.-- _.~- ',"'~.._'- -~~-- -~----~ -- ~ j 14 Gray Nitrile Ultra Tech Gloves NOBID ~-----------'- - ~~~- - SHEET 3 ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT BID OPENING DATE: OCTOBER 9,2008 BID OPENING TIME: 5:00 P.M. BID # 001-1412-09/JA "Offers from the vendors listed herein are the only offers W.W. GRAINGER INC. received timely as of the above receiving date and time. All 1800 N. FLORIDA MANGO ROAD other offers submitted in resp~nse to this solicitation, if any, WEST PALM BEACH FL 33409 are hereby rejected as late ' PH: (561) 684-6895 FAX: (561) 686-1066 CONTACT: STEVE LARRABEE SAFETY CLOTHING & EQUIPMENT 15 Black Mechanic's Glove $7.40 16 Dis osable Gloves Non Medical box of 100 $4.19 17 NO BID 18 NO BID 19 $9.29 20 Rainsuits-Oran e NO BID 21 Raincoats-Oran e NO BID 22 First Aid Kit Econom 4536 NO BID 23 First Aid Kit Refill HEA - 2025R NO BID 24 NO BID 25 Microshield Ke Chain NO BID Lime Green Safety Vest with Reflective 26 Strip $3.25 27 Orange Safety Vest with Fire Imprinted NO BID 28 Oran e Observer Safet Vest $1J:)() 29 Traffic Cones $4.59 30 "Crime Scene" Caution Ta e NO BID SHEET 3 ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT 2 RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT BID OPENING DATE: OCTOBER 9, 2008 BID OPENING TIME: 5:00 P.M. BID # 001-1412-09/JA "Offers from the vendors listed herein are the only offers W.W. GRAINGER INC. received timely as of the above receiving date and time. All 1800 N. FLORIDA MANGO ROAD other offers submitted in response to this solicitation, if any, WEST PALM BEACH FL 33409 are hereby rejected as late , PH: (561) 684-6895 FAX: (561) 686-1066 CONTACT: STEVE LARRABEE SAFETY CLOTHING & EQUIPMENT Caution Tape $3.97 32 "Do Not Enter" Caution Tape $4,Cl2 33 "Fire-Do Not Cross" Caution Tape NO BID 34 Safet Flares $4Sm~5 --. 35 Gas cans w/ S out 2-C3AL$pAqi> 5C3i$10.37 36 Gatorade - 2.5 pouches; Flavors- Orange,Grape,Lemon-lime,& Fruit Punch $2,79 37 Oil Absorbent Spill Booms $65.57 38 36" DOT Traffic Cones $19.20 39 24" Wood Barricades NO BID -- 40 24" Plastic Barricades $35.06 41 N95 Respirator Mask $13.65 "--"..-,--~-_.._--~~-~._-,-.- ---~,-,.~. --- ----_._--~--^.~------'-'---_._""'--------_._-._-_.._~_.~.~,,-~~- ---~.,--_._.._. SHEET ~ ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT RE-BID ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT BID OPENING DATE: OCTOBER 9,2008 BID OPENING TIME: 5:00 P.M. BID # 001-1412-09/JA "Offers from the vendors listed herein are the only offers W.W. GRAINGER INC. received timely as of the above receiving date and time. All 1800 N. FLORIDA MANGO ROAD other offers submitted in resp~nse to this solicitation, if any, WEST PALM BEACH FL 33409 are hereby rejected as late ' PH: (561) 684-6895 FAX: (561) 686-1066 CO NT ACT: STEVE LARRABEE SAFETY CLOTHING & EQUIPMENT PERCENT OFF CATALOG ITEMS 10% CALENDAR DAYS FOR DELIVERY 1-3 DISCOUNT PERCENT BY WHAT DAY OF MONTH ZERO CATALOG/PRICE LISTING SUBMITTED YES ANTI-KICKBACK AFFIDAVIT SUBMITTED YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT A MINORITY OWNED BUSINESS CONFIRMATION OF A DRUG-FREE WORKPLACE SUBMITTED YES SPECIFICATION CHECK OFF SHEET PAGE 3 SUBMITTED YES COMMENTS **SEE NOTA TION** NOTARY SEAL EXPIRES ON NOVEMBER 11, 2008 SHEET 3 ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT 4 VI.-CONSENT AGENDA ITEM C.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ December] 6, 2008 December 1,2008 (Noon) o Februmy] 7,2009 Februmy 2, 2009 (Noon) o Janumy 6, 2009 December 15,2008 (Noon) o March 3, 2009 February ] 7, 2009 (Noon) o January 20, 2009 Janumy 5,2009 (Noon) o March 17,2009 March 2, 2009 (Noon) o February 3,2009 Janumy 19,2009 (Noon) o April 7,2009 March 16,2009 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve and authorize the execution of an agreement with Arts and Culture Group, Inc. to implement Jaycee Park Interpretive Public Art Markers, Phase I, as part of Recreation and Park commitmentto public art in the project. The cost to implement Phase I is $44,875.00. The Arts Commission approved the Jaycee Park Interpretive Public Art Markers project October 28, 2008. EXPLANATION: Jaycee Park, subject to the Public Art ordinance, is participating by contributing to the implementation of Interpretive Public Art Markers. The purpose of the project is to educate and inspire visitors to understand estuary ecology and the direct connection to the Gulf Stream eco system and Boynton Beach's rich fishing and cultural heritage. The budget allows for implementation of Phase I of the project with a goal to raise additional funds to complete the project balance. PROGRAM IMPACT: Applying Public Art to interpretive markers for Jaycee Park will contribute to public education and awareness of the Parks historical significance, mangrove mitigation and environmental qualities in an esthetic and meaningful way. FISCAL IMPACT: The cost to implement Phase I of the Jaycee Park Interpretive Public Art Markers is $44,875.00. The fees for this project will come from the funds allocated for Jaycee Park in account # 302-4299-580-63-05 CP 0513. ALTERNATIVES: To not approve the artist agreement for the Jaycee Park Interpretive Public Art Marker. ATTACHMENTS: Exhibit A - Arts Commission minutes. tVf tf!--m!..~rJ- ~ Assistant to City Manager Department Name City Attorney / Finance S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ' 2, RESOLllTION NO. R08- " .J' 4' ,...f I A RESOLUTION OF THE CITY COMMISSION OF )1 ; , THE CITY OF BOYNTON BEACH, FLORIDA, 61 7: I APPROVING AN AGREEMENT TO HIRE A PUBLIC f' 8f ARTIST BETWEEN THE CITY OF BOYNTON BEACH i AND ART AND CULTURE GROUP, INC., FOR THE 9 10! ' CREA TION OF A SCULPTURE FOR THE JAYCEE ~ i 11 ! PARK INTERPRETIVE ART MARKERS IN THE 12 AMOUNT OF $44,875.00; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS, Jaycee Park is participating in the Public Art Ordinance 07-002 by 17 contributing to the creation and implementation oflnterpretive Public Art Markers: and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon 19 recommendation of staff, deems it to be in the best interests of the residents and citizens of 201 the City of Boynton Beach to approve the Agreement between the City of Boynton Beach I I 2] I and Art and Culture Group, Inc" in the amount of $44,875.00 for the creation of a sculpture 22 for Jaycee Park Interpretive Public Art Markers. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF I 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. Each Whereas clause set forth above is true and correct and 261 incorporated herein by this reference. 271 Section 2. The City Commission of the City of Boynton Beach, Florida does I 28 hereby approve and authorize the execution of the Agreement between the City of Boynton ! 291; Beach and Art and Culture Group, lnc" in the amount of $44,875.00 for the creation \\1' a I 30 I sculpture for Jaycee Park Interpretive Public Art Markers, a copy of said Agreement is II I ! Is. ,CA\RESO\AgreementSJaycee Park - Puhlic Artist( sculpture I due' I' , . , t , I I . , , 1 attached hereto as Exhibit "A". 2 Section 3. That this Resolution shall become effective immediately upon 3 passage. 4 PASSED AND ADOPTED this _ day of December, 2008. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8, 9 Mayor - Jerry Taylor 10 11 12 Vice Mayor - Jose Rodriguez 13 14 15 Commissioner - Ronald Weiland 16 17 18 Commissioner - Woodrow L. Hay 19 20 21 Commissioner - Marlene Ross 22 ATTEST: 23 24 25 Janet M .Prainito, CMC 26 City Clerk 27 28 29 (Corporate Seal) 30 31 I I Ii S:\CA\RESO\AgreementSJaycee Park- Public Artist(scuJpture).doc I I I AGREEMENT THIS AGREEMENT, dated the day of ~___ ___. __.___ ___._.u_.._.._._u_.._.._ __"__ ' 2008, is b\ and between: CITY OF BOYNTON BEACH, a municipal corporation, organized and operating pursuant to the laws of the State of Florida, with a business address of 100 East Boynton Beach Boulevard, Boynton Beac~ Florida 33435, hereinafter referred to as "CITY" and Art and Culture Group, Inc. with an address of 66 Saint James Drive, Palm Beach Gardens, Florida 33418 in hereinafter referred to as "ARTIST." CITY and ARTIST may hereinafter collectively be referred to as the "Parties." WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and ARTIST agree as follows: WHEREAS, public art is a work of art, generally created by a public ARTIST exhibiting the highest quality of skill and aesthetic principals and includes all forms of the visual arts conceived in any medium, material or combination hereof, including but not limited to paintings, sculptures, stained glass, mosaics, murals, and ARTIST designed functional, architectural, landscaped, and landform elements as described in the Public Art Ordinance 07-002; and WHEREAS, CITY desires to obtain professional services from ARTIST for the creation of a sculpture for the Jaycee Park Interpretive Public Art Markers; and WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to provide the CITY with the sculpture in a professional and artistic manner; and WHEREAS, ARTIST has stated an interest in working on the creation of public art elements for the CITY; and WHEREAS, the CITY desires to commission the ARTIST to create public art elements; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the Parties hereto as follows: ARTICLE 1 1.1. RECITALS: Each "whereas" clause set forth above is true and correct and herein incorporated by this reference. Page 1 of8 ARTICLE 2 SERVICES AND RESPONSmILITIES 2.1. ARTIST hereby agrees to create public art elements described in attached proposal, or other services which may otherwise be required, as further enumerated in the Scope of Services set forth in Article 3 herein below. 2.2. The public art elements shall be located at such location within the CITY as designated by the CITY. 2.3. ARTIST shall furnish all services and labor necessary and as may be required in the performance of this Agreement. 2.4. ARTIST hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with ARTIST, that ARTIST has the professional expertise, talent, experience and manpower to perform the services to be provided by ARTIST pursuant to the terms of this Agreement. 2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement, including but not limited to the public art elements, is an original creation and does not infringe upon or violate any copyrights or other rights of any person, firm or organization. 2.6. The CITY recognizes the ARTISTS and collaborators rights pursuant to the Federal Visual ARTIST Rights Act of 1990, known as "V ARA". The CITY will not intentionally distort and/or modify the public art elements, where the modification or distortion would prejudice the ARTIST'S and collaborators honor or reputation. 2.7. The CITY is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the public art elements, in any manner the CITY sees fit. The CITY agrees not to sell the public art elements to a third-party for monetary gain. The CITY may transfer ownership of the sculpture to another governmental entity or to a not for profit corporation. 2.8. The CITY agrees to give the ARTIST and collaborator full acknowledgement and credit as the creator of the public art element, with the placement of a plaque or similar object on and/or near the public art elements. 2.9. The value of the public art elements is established when the price of the art is commissioned. 2.10. The CITY agrees to provide the ARTIST access to CITY property, as a work site to prepare the public art elements for installation. 2.11. ARTIST may not hire or utilize the services of any sub-contractor, employee or other individual to assist the ARTIST in performing services under this agreement without the prior written approval of the CITY. 2.12 l-\~TIST wa...'Tanties the final product against all defects in workmanship and materials for a period of one year. Page 2 of8 ARTICLE 3 SCOPE OF SERVICES ARTIST shall perform the following services in accordance with this Agreement with CTTl as follows: 3.1. All work performed under this Agreement shall be done in a professional manner. 3.2. The public art elements shall be produced to the CITY's satisfaction and in conformity with the appropriate moral and ethical standards for the community in which the CITY is located. The quality of the completed materials is a matter of prime importance and shall meet all applicable industry standards. The CITY shall have the right to approve and/or reject the public art elements or any portion thereof. The display, of the public art elements shall be subject to the sole discretion of the CITY. .., .., The ARTIST shall perform and provide services as set forth in the Proposal for the Jaycee Park .,)..,) Interpretive Public Art Markers elements dated October 28, 2008, a copy of which is attached hereto as Exhibit "A". 3.4 ARTIST is required to coordinate with construction project management to prepare, install and complete the public art project. City is not responsible for negotiating, coordinating or managing the public art project timeline. Public Art Administrator will monitor the project and from time to time document the public art projects process. Project is estimate to begin January 2009 with a completion date estimation of September 1, 2009. ARTICLE 4 TERM AND TERMINATION 4.1. This Agreement shall take effect as of the date of execution as shown herein below and shall end upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof. 4.2. All documents, plans, work products, materials, equipment and tools belonging to the CITY will be furnished to the CITY upon completion and/or termination of the Agreement, whichever occurs first. 4.3 The CITY's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the public art elements shall survive the termination of this Agreement. ARTICLE 5 COMPENSATION 5.1. The CITY shall provide compensation and/or payments to the ARTIST as set forth in the Proposal for the Jaycee Park Interpretative Public Art Markers elements dated October 30, 2008. a copy of which is attached hereto as Exhibit "A". Page 3 of 8 ARTICLE 6 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK CITY or ARTIST may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a written amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. In no event will ARTIST be compensated for any work which has not been described in a separate written agreement executed by the Parties hereto. ARTICLE 7 MISCELLANEOUS 7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular liability insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the ARTIST shall require the sub-Contractors similarly to provide Worker's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the ARTIST. A. ARTIST shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence/aggregate for property damage; and, professional liability insurance in the amount of $1,000,000 (all professional contract services). B. Said general liability policy shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. C. ARTIST shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. D. ARTIST shall furnish the City with a certificate of insurance after award has been made prior to the start of any work for the City. Said insurance 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 with A.M. Best's Key Rating Guide, latest edition. E. Reference Insurance Advisory Form for additional types of insurance and limits required. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. If ARTIST claims to be exempt from this requirement, ARTIST shall provide CITY proof of such exemption along with a written request for CITY to exempt ARTIST, written on ARTIST's letterhead. Page 4 of8 /.2. Independent Contractor. This Agreement does not create an employeeiempl\ IV t'l relationship between the Parties. It is the intent of the Parties that the ARTIST is an independent contractor under this Agreement and not the CITY's employee for any purposes. mcluding hul nUl limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments. Federal Insurance Contribution Act the Social Security Act, the Federal Unemployment Tax Act. the provisions of the Internal Revenue Code. the State Worker's Compensation Act. and the 'itate Unemployment Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment of the manner and means of carrying out ARTIST' activities and responsibilities hereunder provided. further that administrative procedures applicable to services rendered under this Agreement shall be those of ARTIST, which policies of ARTIST shall not conflict with CITY. State. or t Jnited States policies, rules or regulations relating to the use of ARTIST' funds provided for herein. The ARTl ~'l agrees that it is a separate and independent enterprise from the CITY, that it had full opportunlt) to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the ARTIST and the CITY and the CITY will not be liable for any obligation incurred by ARTIST. including but not limited to unpaid minimum wages and/or overtime premiums. 7.3. Assignments. 7.3.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by ARTIST without the prior written consent of CITY. However, this Agreement shall run to the CITY and its successors and assigns. 7.3.2. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARTIST to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for ARTIST any fee, commission, percentage. gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and that places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the ARTIST and the CITY designate the following as the respective places for giving of notice: Page 5 of8 CITY: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone No. (561) 742-6010 Facsimile No. (561) 742-6011 Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 ARTIST: Telephone No. 7.6. Binding Authority. Each person slgmng this Agreement on behalf of either party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.7. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.8. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 7.10. Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and costs. 7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement between the CITY and the ARTIST and supersedes all prior negotiations, representations or agreements, either written or oral. 7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. Page 6 of8 -:'.13. Waiver. Any failure by ARTIST to require strict compliance with any provIsIon \ t1 hJ:-- contract shall not be construed as a waiver of such provision. and ARTIS! may subsequently requJn: strict compliance at any time, notwithstanding any prior failure to do so. 7.14. Counterparts. This Agreement may be executed in multiple counterparts. each of which shall be deemed an original, and all of which together shall constitute one and the same instrument 7.15 U sage Rights After final acceptance of the artwork by the CITY. the following ARTIST' rights shall be guaranteed: . Maintenance of public artworks shall be the responsibility of the CITY or developer or property association and not the ARTIST. The responsible party shall make reasonable efforts to maintain the artwork in good repair. The responsible party shall attempt to consult the ARTIST and collaborator on major repairs. . The artwork shall not be altered, modified, removed or relocated from a site integral to the concept for the work without first consulting with the ARTIST and collaborator, if reasonably possible. If a work, nevertheless, has been significantly altered, the ART! ST and collaborator shall have the right to disclaim authorship. . Copyright of the artwork shall belong to the creator(s), but the CITY or developer or property association shall be granted the right to make two-dimensional reproductions for non-commercial purposes. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. CITY ATTEST: CITY OF BOYNTON BEACH, FLORIDA: BY: JANET PRAINITO, CITY CLERK KURT BRESSNER CITY MANAGER APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Page 7 of 8 ARTIST WITNESSES: BY: Print Name: Title: STATE OF FLORIDA : : ss: COUNTY OF : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of , who is personally known to me or who has produced as identification, and acknowledged executing the foregoing Agreement as the proper official of for the use and purposes mentioned therein and that the instrwnent is the act and deed of IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2008. (Signature of Notary Public - State of Florida) (Print, Type or Stamp Commission Name of Notary Public) Page 8 of8 The City of Boynton Beach CITY MANAGERS OFFICE Public Art Administrator 100 E Boynton Beach Blvd PO. Box 310 Boynton Beach. FL 33425 phone (561) 742-6026 fax (561) 742-6089 e mail colesdobayd@ci.boynton-beach.flus 'ijww.boYllton-J:Je?c.h org November 20,2008 Lucy M. F. Keshavarz Art & Culture Group, Inc. Palm Beach Gardens, Florida office/fax: 561-622-9892 cell: 561-315-2602 lucyk@artcu\turegroup.com Lucy, This letter serves as an approval for your company, Art and Culture Group, Inc. to sub- contractor/sub-consultant with the following companies for the Jaycee Park Interpretative Public Art Market project: Interpretative Consultant and Collaborator: Linda Emerson Wisdom through Wonder 3412 Cove Road Jupiter, Florida 33469 561 741 1214 wonder@mindspring.com Sub- Contractors: Tracy Rosof- Petersen EarthArtists Clay Studio 331 South Lakeside Drive Lake Worth, FL 33460 561-585-1411 <D. City of Boynton Beach . · bf 1 !:",.~,.I.... ", \, . Art In Pu IC Paces "...,,>;,; . -. c"", _-'<'c.'c'_n"'~.<"" ._,~ ,L' Enriching our Community through Public Art The City of Boynton Beach CITY MANAGERS OFFICE Public Art Administrator 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 phone (561) 742-6026 fax (561) 742-6089 e mail colesdobayd@ci.boynton-beach.fl.us www.boynton-beach.org Bijan Parssi, PE Botkin Parssi & Associates, Inc. 6141 Lake Worth Road Lake Worth, FL 33463 561-965-1957 Sincerely, Debby Coles-Dobay Public Art Administrator Cc: Lori La Verriere, Assistant City manager James Cheroff, City Attorney City of Boynton Beach . .. ,\.,,~ Art In PublIC Places" ..' .' ../'"",;"<;''''''''''~'''''.,%.<;;!;'"",''''''''."~_''-'''-,,-?-fu,"''''''-''"'''''''-''''.:'''''.,l;,~,""'''"'''..',,",J'''~'''~_'''''',''''''''''''';''='-',,-~~',,'C~''''''..'o.,' Enriching our Community through Public Art Jaycee Park ~". . .. ~. 1. nter~J re tlve Public Pirt iViarl<er Propc)sai ~ ., ----- ---- Phase One Project Overview Art in Public Places Recreation and Parks Department Jaycee Park The City of Boynton Beach purchased Jaycee Park in 2004 and has completed facilities upgrade and native plant landscaping. Through site interpretation planning and public art, we are creating an holistic experience at Jaycee Park that will educate and inspire visitors to understand estuary ecology and its direct connection to the Gulf Stream ecosystem and Boynton Beach's rich fishing and cultural heritage. The Interpretive Public Art Marker Proposal provides a blueprint to produce a sequential loop trail of Interpretive Public Art Markers - a creative site interpre- tive design linking programmatic, recreational and passive usage of the park in an educational and aesthetic manner 1 The Collaborative Journey and why pilings, coquina rock, decking with interpretive panels: At the start, it seemed mangrove mitigation would be the story line for this project. However, the collaborative journey has brought us to a much more exciting and larger conclusion - the story of the significant connection between the coastal waterway environment and the existence of this place we know as Boynton Beach. Through our research of the written, oral and visual history of this distinctive place, we found there to be an essential relationship between the coastal waterways alongside Boynton Beach and with its beginning, sustenance, growth and continued health. It was these discoveries that lead us to answer the design question: Why mangrove mitigation at the Jaycee Park and how does this fit into this particular place and time? We also discovered that this history and the obvious connection to the present and future are no longer apparent as the city has grown and "modernized" in the last couple of decades. We felt honored with the opportunity as well as obligated to incorporate our treasure of findings into this project. Given the story that needed to be told, the rich history to draw from and the need for the public art in the park to be both interactive and low maintenance; it was agreed that pilings, coquina rock, decking, carved I glazed tile and high pressure laminate interpretive panels would be the perfect media for the interpretive public art markers. These building materials immediately give visual reference to the strong ties between the coastal waterways, coastal estuaries and Boynton Beach. These materials also offer a multitude of opportunities to encourage more interaction with the interpretive message; allow the public art to be functional, site specific and touchable; and create more areas of interaction within the park while complementing the wonderful new facilities and landscaping. 2 Site Map ....,..', 'tAl,'," .- , ~J "1::.. II Cc A S>f t~ t_ ..v ^, ,. ~ . \.,,"- " . ~ - ....,4...~.- r' - - ~ --~'''''~ __. . _ ."!..."..''''''!''!,.''.'''',....(..~... -'. !\~<.i~~l~~~! I , ftPpt", ..::......., '~~ ' C"::..e"Ai,:'::,""'" \'';'' , " ,:' :. ~"",.~,::g.,~.,..,,, r v~c.".; I '! ~ "'".. ,'::"'}>"">'::'" ""~"':""'~~''''''''':A:t;~ .... \ ,.., '~.'" - ~ ',. 'r - .~ \ . "" '.' ~f. ..' ''''''''. . .~_ . ' . \ \,::" ....,.., - """"" 'l~rl~;'"1I!. 0" ". ! ' :. .~.".: <i" ~. ...">"tii,'.', '. . ,_~ . '. /.'. ',.".., I. ~ . . ~iP ~ ,I"". /. "" " 'ftV~:." " :~i;'; '.' '.c<f IN i _ \ to, 'J '<,Cij!\ ","'H"',..~ I \ \ . ~AIa ~i:':;";ii'Cd'!",,, t1 ""-11" i ,.., G It : ' \\ \"~..~~f.. ...' '. ". .' I \ ' "I'......~I l -. .~........, ,', \ ". .'." '.' .. -,-'.' r-, . ..': ."iI. .'i- ! " .,;r ~ ""'<I!5It:.' U17 I · <<- \\ ~ "-' -""',; /~ . . . . """ ~ .. \ ...J.--... .' , ." . - , , . ~ .. ' .,; ,'. I ' I \ _ "'., ' . ." ~ ,. ,. (.c P ~ t ,.,c"" I - JI".' ' . , , . .. I " II ' ~~ I( I . \ r. / ' . r. - ..t'"'i"lel<' I (r; . .' :, -J!" ,,,=,!.~I r \ I '" ~~ 1 \) .1 Ii\. j I it, "" otJ1 00ct~1 . "'< ;'. \ .' \jO(I":~~~') tlt~ ,. . . .. I \ "j) I ' ..-~, i \ '<-, , / ! 1 0\ ., 'or~fPS'?/ I ' '", , .'~n<1:'< .. I" ' 'll."I~f . 'i '".A._~~ )~~. [.--.----;- 0. " 0- I. I il . : P.... "_ Q- ,,, "'" ' ' I, 'n ) -1- \ j I ,. , i I :, / . I j! I ~ -. -. :._-J t L. _'___ _._ ____ _ _ __ ~ EIl':'~""(',~ - (1M:; '--r' i ~~,...:-:"'~'- t' f(~-"~ -."'. J - '- -" to C -- ">tE.. A-r 3 Public Art Concepts and Interpretive Story Content Phase L J Location 4.0 Estuary overlook by Fiddler Crab Pavilion, side path 2 NOTE: Bench is not included in Phase One Title: Estuary Ecology Topics: Who lives here? Mangrove and sea grass ecosystems. Species examples, common and rare. Why is it important? Biological productivity, base of marine food chain, value as habitat, nursery of the sea, value as resource for human needs- economic, recreational and enjoyment of nature. What is a created/restored wetland? Details and value of mitigation. Expand on details of species connection to near-shore marine ecosystem/ Gulf Stream Elements: Coquina rock and wood will be combined to provide seating. Two interpretive panels will be mounted on metal posts and set in coquina rock to resemble marine signage. This interpretive public art marker can be used for multiple purposes: a place for people to sit and contemplate the information contained in the interpretive panels or a place to visually connect with the water immediately to the east, mangroves immediately to the south and park activities to the west. The elements of this location are also designed to create the needed "teaching place" for the group tours by providing seating. It also provides an informal and additional gathering place within the park. 4 Public Art Concepts and Interpretive Story Content Elevation and Plan View Phase One Location 4 , '-1 ____~ . .f--- I .,OJ', -,,,, ~'-- - II) ','I I ," I. .t ,P ,/ ,.. ~r), j ~ , \ . ,_ I ~ ~ '. . ,I i j ". - I; i. r" ~ ~ I . .4 " ' , ~ - ----.. ,.. " , '. I \ '\ , " ;1, j .. -"\ Plan View , .- .~' , ,i , ""- , '," -, \. " "- NOTE: Bench is not included in Phase One , c_ " "'-, ~..- .-..",... 5 Public Art Concepts and Interpretive Story Content Phase C Location 5.0: Top/eastern center of loop trail :"~-. ! ' .. _.- .- ~'------=---...._---=-.:::.-:=- Title: Gateway to the Gulf Stream Topics: Experiencing the connection between estuary, Boynton Inlet, Gulf Stream and marine ecology and Boynton's fishing legacy Elements: "Schooling: from estuary to Gulf Stream" Schooling fish symbolically connect the estuary (Location 4) to the Gulf Stream (Location 7). Located on the east side of the park between the concrete walking path and mitigation area, two large coquina rocks will be secured in the ground. One rock will be approximately 5' high by 3' wide above grade and the other rock will be approximately 3' high by 5' wide above grade. Carved and glazed tiles will be custom made to fit each rock. The subject matter will be schools of fish that inhabit the areas of the estuaries and Gulf Stream; making the visual connection and linking the importance of the estuary to the health of the larger coastal region The tiles will be intriguing and touchable up close and afar as well as visible from nearly all points in the park. 6 Public Art Concepts and Interpretive Story Content Phase One Location 5.0: Top/eastern center of loop trail "'~"",oI:.,',' . "" ;,I ~/' :,.:.. " , ."'"",, .. , """"...{._' '" ,.,-1 ..' "'" ,... "'::;,"'''''t.i .,' ~ ~,. 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Fr----fl cr'1IlI " 7 Proposal for costs associated with the creati\le development, production, fabrication a, ,d installation of Interpretive Public Art Markers Phase One Javcee Park Interpretive Public Art Marker Proposal Costs Costs associated with producing and installing interpretive public art markers to educate the public about onsite mitigation and its value and connection to the community. Phase I will include a portion of Location 4 (interpretive panels, panel posts and coquina rocks) and Location 5 as presented to the City of Boynton Beach in August 2008. Public Art Marker Fabrication and Installation - scope of work attached: Creation, construction and installation of: a portion of Location 4 and Location 5 public art marker locations using the following materials: coquina rock carved & glazed custom made tiles Includes labor for installation of coquina rocks and interpretive panels.... .$23.150 Fabrication and delivery of 2 mount plates with weatherable brown aluminum posts (2 each) and mounting hardware for panel/art markers at Location 4......................................... ............. .$995 Structural engineer & construction drawings... . .. .. .. .. . .. .. .. . . .. .. . . .. .. . .. . .. . .. . . .. .. ... . $3,000 Building permit fee............................ .................. .......... . ...... .. ............ . ..$0.0 Public Art consultant project management using three (3) subcontractors: manage engineering & construction drawings contract & coordination with 2 sub-contractors lM.-o1Pr ~;d.t 0... ~ manage work & installation manage rock selection & installation Cl~ ~~ i~ completion of maintenance manual /)00 Total... ... ... ... ... ... ... ... ... ... ... ... ..... ... ... ... ... ... ... ..... ... ...cre.,..V't,~. .$1 ,500 _ ~ ~:::.-ou Sub-total............ ......... .$28,645 -u...;~0" ~r ~ Itj,1/0Y ~ 2'1,1/6 \~ J 1'~W\ st ~"\J\.O - c-\-- ? oS+> '1 qlu.e I S\-)'^1 ~ol-tt4t k> (Q; 8 ~7"'-~~ Proposal for costS-Phase One ( continued) Interpretive panel design and production- specifications attached: Research and content development for each layout Conceptual and final designs for each layout Copy writing Copy editing Proofreading Image acquisition Image editing Image fees- one time usage fees Hi-resolution scans Revisions Graphic production File preparation for digital output 2 full panel layouts with 3 detail cut-out layouts Total... ... ... ... ... ... ... ... ._. ... ... ... ... ... ... ... ... ... .......... ....... .... ....... ..$7,850 Interpretive panel package fabrication in High Pressure Laminate, includes design and addition of custom mounting hardware required f for art markers, proofs, wrapping, crating, shipping & handling............... ..$2,020 Site Interpretation consultant project management includes contracting fabricator and signage mounting supplier, co-ordinating production, delivery and installation of interpretive panels and collaboration with Public Artist to determine art marker placement on site at time of install... ... ... ... ... $2,280 ~ Subtotal..................... .$12,150 Contingency 10% based on selected art marker option...........................$4,080 TOTAL $44.875 9 Proposal for costS-Phase OnE~ continl NOTES 1) Prices may be valid 60-90 days only and are subject to change. 2) Custom tiles and interpretive panel design, production and fabrication are for the specific approved locations of 4 (partial) and 5, based on our agreed storyline and content and the desired park visitor experience. Cost will vary with change in content, quality or additional revisions. 10 Project Description / Scope of Work Specifications for Vendor Estimates Phase One Public Art Marker desian. fabrication and installation - scope of work: Location 4 - . Two interpretive panels will be mounted on aluminum posts. . Included in price is the labor to install two panels, approx. 30"x22" & 28"x21", onto aluminum posts and into ground. Fabrication of panels & posts will be done by others and mounting mechanics will be provided. . A total of five coquina rock to be placed at base of aluminum posts: 4 Coquina rocks @ 3 %' to 4' w x 1 %' d x 18" to 24" h 1 Coquina rock @ 3 %' w x 1 %'d x 3' h Placement of 5 coquina rocks Location 5 - . 2 Coquina rocks: one approximately 7' x 3' placed vertically and one approximately 5' x 5" placed horizontally. . Installation of two large coquina rock . Coquina rocks partially cut to acquire smooth surface for application of clay tiles. . Carved and glazed tiles will be custom made to fit each rock. Includes design, testing of clay & glaze, fabrication, glazing, 2 firings and installation of tiles onto rocks. InterDretive Danel desian and Droduction- scope of work & specifications: Location 4 - Scope of Work: Complex Copy: up to 10 lines of copy, Graphics: 3-8 images Full range of graphic design with image and text manipulation. Includes a combination of the following: text wrap and altering, image alteration with Photoshop or similar program, image cut-outs, ghosting, reversing and sizing images, background treatments such as shading, gradation, texture, shadowing, custom designed background, etc. Panel Specifications: 1 30"x 22", %" thick, rounded corners w/2 10"x 1 0" % " cut-out rounded shapes, top mounted (mangrove canopy detail, estuary/intertidal detail) Backed by welded metal plate recessed 8" from panel edge w/8 drilled in tapped holes to mount on 2 Powder coated aluminum legs w/tamper-proof hardware 1 28"x 21", %" thick, rounded corners w/12"x 1 0" % " cut-out rounded top mounted (schooling fish) Backed by welded metal plate recessed 2" from panel edge w/8 drilled in tapped holes to mount on 2 Powder coated aluminum legs w/tamper-proof hardware 11 Maintenance and Materials Pagps Pha se C INTERPRETIVE PUBLIC ART MARKERS CLEANING AND MAINTENANCE Materials used: Coquina Rock; carved, glazed tiles and High Pressure Laminate (HPL) interpretive panels. In general these materials are low maintenance to maintenance free. Normal rain water and community use will help keep surfaces clean. Recommend inspection at least once per vear to check for: . vandalism . wear and tear, such as loose bolts/screws . build-up of vegetation, such as falling leaves, which should be removed. . irrigation water should never be allowed to hit interpretive public art markers as this could cause staining and other negative side effects over time. HPL Interpretive Panel Cleanina and Maintenance Cleaning . Mild soap and water is always best for general cleaning. Rinse with clean water after washing. DO NOT use abrasive cleaners, acids or acetone. They will dam- age the surface of the panel. . Graffiti (paint, crayon, felt tip markers, etc.) can be removed using organic solvents, such as Simple Green, Goof-off, or similar non-abrasive, citrus-based cleaners. . Very stubborn graffiti may require stronger solvents, such as mineral spirits. DO NOT use lacquer thinner or acetone, as they will damage the surface of the panel. Always rinse with clean water after cleaning. . Minor blemishes, nicks, abrasions, burns, or light scratches can be concealed using a polymer-based boat or car wax. Maintenance . Edges should be wiped with a liquid wax, like Thompson's Water Seal annually. This helps re-moisturize the core edges and maintains the black color of the edge. . Occasionally wiping a cleaned graphic face with a polymer-based boat or car wax will assist in removal of graffiti and dirt. 12 Maintenance and Materials Pages Phase One (continued) INTERPRETIVE PUBLIC ART MARKERS CLEANING AND MAINTENANCE (cant.) Cleaning instructions for carved. glazed tiles . Using mild soap and water, clean surface using a soft nylon brush. . Rinse well with clean water. . DO NOT use any abrasive cleansers or wire brushes - these will scratch surface of the tile. . In the case of graffiti, any solvent that can be used on glass and concrete can be used on glaze and grout. . Inspect at least once per year . Clean as needed 13 Design Team The Jaycee Park Interpretive Art Markers Project is a collaboration between the City of Boynton Beach Department of Recreation and Parks, Art in Public Places and Historical Archivist, Wisdom through Wonder, Inc. and Art & Culture Group, Inc. Linda Emerson, Wisdom through Wonder, Inc. Lucy Keshavarz, Art & Culture Group, Inc. Martha Blumel, Envision Graphic Design, Inc. 14 Estimated Timeline Jaycee Park Interpretive Public Art Markers Day 1 - 3: Execution of Contract . Contract is signed by CITY and ARTIST. First payment received by ARTIST (50% of total contract amount). . CITY provides ARTIST with Soil & Geotechnical Evaluations of Jaycee Park. . Contract is signed by ARTIST and INTERPRETIVE CONSULTANT (Wisdom through Wonder). First payment received by INTERPRETIVE CONSULTANT after ARTIST receives first payment from CITY (50% of Interpretive Panel costs) Day 4 -14: . ARTIST contracts with primary sub-consultants and sub-contractors: Structural Engineer EarthArtists Clay Studio . INTERPRETIVE CONSULTANT completes panel mount design. Day 15 - 45: . Structural Engineer completes review of conceptual documents for Phase I of Jaycee Park Interpretive Public Art Markers and creates construction drawings for location #4 . ARTIST completes research and testing for tiles . ARTIST contracts with secondary sub-contractors: Rock supplier Installer . INTERPRETIVE CONSULTANT completes Conceptual Design layout for CITY Review . INTERPRETIVE CONSULTANT completes Draft and Final copy writing . INTERPRETIVE CONSULTANT completes First Draft of panel design for CITY review . Rocks are delivered to site and installed Day 46 - 60: . ARTIST begins work on tiles once rocks are installed on site; make template of rocks and completes detail drawings. Review of drawings by Public Art Administrator. . INTERPRETIVE CONSULTANT completes Final Design and digital files for panel fabrication Day 60 or at completion of above tasks - Second payment received by ARTIST (25% of total contract amount plus any City approved contingent items). Day 60 -150: . Fabrication of tiles takes place. Includes periodic reviews by Public Art Administrator. . Building permit for interpretive Panels / Posts submitted 15 Estimated Timeilrte Jaycee Park Interpretive Public Art Markers . INTERPRETIVE CONSULTANT co-ordinates fabrication, delivery and installation of panel mounts and interpretive panels as art marker component. . Interpretive Public Art Marker for location #4 is completed . Interpretive Public Art Marker for location #4 accepted by City of Boynton Beach Day 150 or at acceptance of location #4 by City of Boynton Beach - Third payment received by ARTIST (12% of total contract amount plus any City approved contingent items.) Day 151 - 175 . Fabrication of tiles for location #5 completed. Final review by Public Art Administrator. . Installation of tiles completed . Provide Maintenance Addendum (includes manufacturer and material details) . Interpretive Public Art Marker for location #5 is completed . Interpretive Public Art Marker for location #5 accepted by the City of Boynton Beach. Day 175 or at acceptance of location #5 by City of Boynton Beach - Fourth and final payment received by ARTIST (13% of total contract amount plus any City approved contingency items). NOTES: This timeline is an estimate of how long each task should take based on ARTIST'S professional experience and the experience of ARTIST'S subcontractors as well as current circumstances. However, ARTIST cannot accurately account for actual avail- ability of subcontractors and materials until contract is executed between CITY and ARTIST. Actual time may vary. Coquina rocks are coming directly from a quarry in Northeast Florida and the specified size rocks mayor may not be available at time of order. If the company needs to dig for specified rock then there will be 2 to 4 weeks added to the timeline. The timing for fabrication of tiles is based on availability of ARTIST and subcontractor (EarthArtists Clay Studio) to work a combined time of 30 hours per week within a five day work week. This estimate does not account for conflicts in scheduling due to over- all delays, prior commitments, holidays or acts of God. Actual time may vary. It is the ARTIST'S understanding that the City of Boynton Beach will require a building permit for the Interpretive Public Art Panels and Posts only. The timeline includes a 30 day turn around time for the building permit. Any additional requirements by the City for Phase I of the Jaycee Park Interpretive Public Art Markers, may require more time for project completion and increase costs. 16 EXHIBIT A Meeting Minutes Arts Commission Boynton Beach, Florida October 28, 2008 D. Fire Station #5 Emergency Operations Center (E.O.c.) - Mailed to Board October 22, 2008 Ms. Coles-Dobay distributed a rendering of the building. TIle proposal was brought before the Board last year with the thought of creating a historical museum in the main lobby. The station was being constructed on the corner of Gateway Boulevard and 1- 95. The main lObby would utilize existing firefighting equipment, including the old REO Fire Truck. Artistic displays of mosaics would be created at the entry to the lobby, and in the first and second-floor lobbies. The mosaics would be used in the creation of the REO fire tracks, as well as the City seal and Fire Rescue logo. Sconces created and fabricated by the artists would be placed outside the front entryway. A chandelier would be placed over the REO Fire Truck and in the center of the lobby. The entry windows would be enhanced with historical images, and the timeline wall would evidence the evolution of the fire equipment. The museum atmosphere would also include a ceremonial bell. The building would be utilized as an Emergency Operations Center (EDC). Once the facility had opened, the public would be able to tour the lobby to learn of the history and future of fireftghting and the Emergency Operations Center (EOC). A "911 Remembered" mosaic would be embedded into the second floor lobby. Descriptions and costs were included in the proposal. The Public Art components of the project were valued at $38,350, and the proposed artist-created site works were valued at $40,512, for a total of $78,862. The Board reviewed the checklist and determined all objectives had been met and everything was in order. It was noted a call to artists was not necessary for this project. A grand opening would be held and the Board would be participating. Ms. Coles-Dobay would inform the Board of the date. Motion Ms. Richman moved to accept the Fire Station #5 project. Ms. Wolf seconded the motion that passed unanimously. E. Jaycee Park - Mailed to Board October 22, 2008 Ms. Coles-Do bay pointed out the project had been sca'ed down to Phase One as a result of budgetary constraints. She reviewed elements of the project and costs associated with the development, production, fabrication and installation of interpretive Public Art markers. 6 Meeting Minutes Arts Commission Boynton Beach, Florida October 28, 2008 The Board reviewed the checklist, and determined all objectives had been met and everything was in order. Motion Ms. Richman moved to approve the project at Jaycee Park. 1'15. Moeller seconded the matron that passed S~ 1 (Ms. Arflin dissenting). IX. PUBUC ART OPPORTUNmES A. Urban Landscape - performance and Visual Art in Urban Landscape by Lucy Keshavarz Ms. Keshavarz advised she had been working on a project entitled "Urban landscape" with local choreographer, Demetrius Dance K1ein, of Lake Worth. Mr. Klein had been engaged in several outreach grants, taking dance outside the theater, and had approached Ms. Keshavarz to collaborate in a series of alternative site dances for urban environments. The performance art, installation art and live performances were free to the public. The group had put on five performances last season and anticipated putting on three performances between January and April. Ms. Keshavarz had worked in Boynton Beach on the Jaycee Park project and became enamored of the City. She suggested the Old High School, and particularly, the back of the building, for the location of the performance. The objective was for the performance to be informal, rather than theatrical, and each location at which they had performed had been different. Ms. Keshavarz's team set up and disassembled the equipment for the performances. The events were educational and enjoyable, and a "talk-back" with the audience occurred after each performance. Ms. Keshavarz sought the Board's endorsement. Ms. Coles-Dobay noted Ms. Keshavarz and the group had their own insurance, which was necessary for the permitting process. The performance would take place in the parking lot across from City Hall behind the Old High School, cm a Saturday evening. If the Board had an interest in sponsoring the event, Ms. Keshavarz hoped to have the performance at the end of January or the beginning of Febmary. They would like to use vintage photographs from Janet DeVries' collection. The images would be projected on the back of the Old High School, which would be used as a screen. It was suggested a tour of Avenue of the Arts be done prior to the performance. 7 VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office t8I December 16, 2008 December 1, 2008 (Noon) o February 17,2009 February 2, 2009 (Noon) o January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon) o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon) o February 3,2009 January 19,2009 (Noon) o April 7,2009 March 16,2009 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM jgl Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: Approve and authorize the execution of an agreement with Montoya Sculpture and Supply to implement Fire Station #5 Public Art components as part of the City's commitment to public art in the project. The cost to implement the public art project is $12,651.00. The Arts Commission approved the Fire Station #5 Public Art project October 28, 2008. 'PLANATION: The Fire Station #5 project, subject to the Public Art ordinance, is creating a "Historical Museum" in the Fire Station main lobby. The public art components consist of archived fire fighting equipment including the historical REO Fire Truck. This equipment will be fabricated into functional public art elements such as lighting, window film and a time line wall display. Mosaic tile patterns will be built into the main floor to enhance the "museum" environment and include the City and Fire Station logos. The second floor lobby will feature a 911-remembrance mosaic. A live radio feed will be broadcast in the lobby so visitors can listen to emergency calls, adding to the experience. PROGRAM IMPACT: The public art components will engage and educate the public on the importance of this new facility as the City's newest Fire Station and Emergency Operation Center. Tours of the facility will be available to the public and City programs. This will provide an opportunity for the public to gain knowledge of the purpose and function of this new facility. FISCAL IMP ACT: The cost to implement the public art is $12,651.00 for the functional public art components. The public art mosaics cost $27,861.00 and are part of the floor construction costs. The value of the F ire Station's archived equipment including the REO fire truck is valued at $38,350.00. This totals the public art commitment at $78,862.00 to satisfy the projects $62,300 public art budget. The fees for this project will come from the funds allocated for Fire Station #5 in account # 305-4118-580-62-01 CIP 645. ALTERNATIVES: To not approve implementation of the Fire Station #5 public art components. ATTACHMENTS: Exhibit A - Arts Commission minutes. w~ ~lty anager sIgnature Assistant to City Manager Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ] I RESOLl1TION NO. R08- 21 I 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH, FLORIDA, 7 APPROVING AN AGREEMENT TO HIRE A PUBLIC 8 ARTIST BETWEEN THE CITY OF BOYNTON BEACH 9 AND MONTOYA SCULPTURE & SUPPLY, FOR THE JO CREA TION OF A SCULPTURE FOR FIRE STATION J] #5 IN THE AMOUNT OF $40,512.00; AND PROVIDING 12 AN EFFECTIVE DATE. 13 ]4 15 WHEREAS, Fire Station #5 is participating in the Public Art Ordinance 07-002 by J6 contributing to the creation and implementation of its public art elements: and J 7 WHEREAS, the City Commission of the City of Boynton Beach. upon 18 recommendation of staff, deems it to be in the best interests of the residents and citizens of ]9 the City of Boynton Beach to approve the Agreement between tht: City of Boynton Beach 20 and Montoya Sculpture & Supply. in the amount of $40.512.00 for the creation of a 2] sculpture for Fire Station #5. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. Each Whereas clause set forth above is true and correct and 25 incorporated herein by this reference. 26 Section 2. The City Commission of the City of Boynton Beach. Florida does 27 hereby approve and authorize the execution of the Agreement between the City of Boynton 2811 Beach and Montoya Sculpture & Supply, in the amount of $40,512.00 for the creation of a 291 sculpture for Fire Station #5. a copy of said Agreement is attached hereto as Exhibit "l\" 30 I Section 3. That this Resolution shall become effective immediately upon , s \CA \RESO'cJ\greementS\Fire Station # 5 - Pulllle Artist! sculpture I duc I I I, II " j ~ i! II 1 passage. 2 PASSED AND ADOPTED this _ day of December, 2008. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor - Jerry Taylor 8 9 10 Vice Mayor - Jose Rodriguez 11 12 13 Commissioner - Ronald Weiland 14 15 16 Commissioner - Woodrow L. Hay 17 18 19 Commissioner - Marlene Ross 20 ATTEST: 21 22 23 Janet M .Prainito, CMC 24 City Clerk 25 26 27 (Corporate Seal) 28 29 S.\CA\RESOlAgreements\Fire Station #5 - Public Artist(sculpture).doc AGREEMENT THIS AGREEMENT, dated the _H_ day of _..._~- ' 2008, IS b\ and between: CITY OF BOYNTON BEACH, a municipal corporation, organized and operating pursuant to the laws of the State of Florida, with a business address of 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as "CITY', and Montoya Sculpture & Supply, with an address of 502 Palm Street, #21, West Palm Beach, Florida 33401 hereinafter referred to as "ARTIST." CITY and ARTIST may hereinafter collectively be referred to as the "Parties." WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and ARTIST agree as follows: WHEREAS, public art is a work of art, generally created by a public artist exhibiting the highest quality of skill and aesthetic principals and includes all forms of the visual arts conceived in any medium, material or combination hereof, including but not limited to paintings, sculptures, stained glass, mosaics, murals, and artists designed functional, architectural" landscaped, and landform elements as described in the Public Art Ordinance 07-002; and WHEREAS, CITY desires to obtain professional services from an artist for the creation of Fire Station #5 public art elements; and WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to provide the CITY with the sculpture in a professional and artistic manner; and WHEREAS, ARTIST has stated an interest in working on the creation of public art elements for the CITY; and WHEREAS, the CITY desires to commission the ARTIST to create public art elements; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the Parties hereto as follows: 1.1. RECITALS: Each "whereas" clause set forth above is true and correct and herein incorporated by this reference. Page 1 of8 ARTICLE 2 SERVICES AND RESPONSmILITIES 2.1. ARTIST hereby agrees to create public art elements described in attached proposal, or other services which may otherwise be required, as further enumerated in the Scope of Services set forth in Article 3 herein below. 2.2. The public art elements shall be located at such location within the CITY as designated by the CITY. 2.3. ARTIST shall furnish all services and labor necessary and as may be required in the performance of this Agreement. 2.4. ARTIST hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with ARTIST, that ARTIST has the professional expertise, talent, experience and manpower to perform the services to be provided by ARTIST pursuant to the terms of this Agreement. 2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement, including but not limited to the public art elements, is an original creation and does not infringe upon or violate any copyrights or other rights of any person, firm or organization. 2.6. The CITY recognizes the ARTIST's rights pursuant to the Federal Visual Artist Rights Act of 1990, known as "V ARA". The CITY will not intentionally distort and/or modify the public art elements, where the modification or distortion would prejudice the ARTIST's honor or reputation. 2.7. The CITY is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the public art elements, in any manner the CITY sees fit. The CITY agrees not to sell the public art elements to a third-party for monetary gain. The CITY may transfer ownership of the sculpture to another governmental entity or to a not for profit corporation. 2.8. The CITY agrees to give the ARTIST full acknowledgement and credit as the creator of the public art element, with the placement of a plaque or similar object on and/or near the public art elements. 2.9. The value of the public art elements is established when the price of the art is commissioned. 2.10. The CITY agrees to provide the ARTIST access to CITY property, as a work site to prepare the public art elements for installation. 2.11. ARTIST may not hire or utilize the services of any sub-contractor, employee or other individual to assist the ARTIST in performing services under this agreement without the prior written approval of the CITY. 2.12. ARTIST warranties the final product against all defects in workmanship and materials for a period of one year. Page 20f8 ARTICLE 3 SCOPE OF SERVICES ARTIST shall perform the following services in accordance with this Agreement with CITy as follows: 3.1. All work performed under this Agreement shall be done in a professional manner. 3.2. The public art elements shall be produced to the CITY's satisfaction and in conformity with the appropriate moral and ethical standards for the community in which the CITY is located. The quality of the completed materials is a matter of prime importance and shall meet all applicable industry standards. The CITY shall have the right to approve and/or reject the public art elements or any portion thereof. The display, of the public art elements shall be subject to the sole discretion ofthe CITY. 3.3. The ARTIST shall perform and provide services as set forth in the Proposal for the Fire Station #5 Public Art elements dated October 20,2008, a copy of which is attached hereto as Exhibit "A". 3.4. Artist is required to coordinate with construction project management to prepare, install and complete the public art project. City is not responsible for negotiating, coordinating or managing the public art project timeline. Public Art Administrator will monitor the project and from time to time document the public art projects process. Project is estimate to begin November 2008 with a completion date estimation of June 2009. ARTICLE 4 TERM AND TERMINATION 4.1. This Agreement shall take effect as of the date of execution as sho\\-1l herein below and shall end upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof 4.2. All documents, plans, work products, materials, equipment and tools belonging to the CITY will be furnished to the CITY upon completion and/or termination of the Agreement, whichever occurs first. 4.3. The CITY's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the public art elements shall survive the termination of this Agreement. ARTICLE 5 COMPENSATION 5.1. The CITY shall provide compensation and/or payments to the ARTIST as set forth in the Proposal for the Fire Station #5 Public Art elements dated October 20, 2008, a copy of which is attached hereto as Exhibit "A". Page 3 of8 ARTICLE 6 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK CITY or ARTIST may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a written amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. In no event will ARTIST be compensated for any work which has not been described in a separate written agreement executed by the Parties hereto. ARTICLE 7 MISCELLANEOUS 7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular liability insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the ARTIST shall require the sub-Contractors similarly to provide Worker's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the ARTIST. A. ARTIST shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence/aggregate for property damage; and, professional liability insurance in the amount of $1,000,000 (all professional contract services). B. Said general liability policy shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. C. ARTIST shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. D. ARTIST shall furnish the City with a certificate of insurance after award has been made prior to the start of any work for the City. Said insurance 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 with A.M. Best's Key Rating Guide, latest edition. E. Reference Insurance Advisory Form for additional types of insurance and limits required. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. If ARTIST claims to be exempt from this requirement, ARTIST shall provide CITY proof of such exemption along with a written request for CITY to exempt A-RTIST, written on ARTIST's letterhead. Page 4 of8 7.2. Independent Contractor. This Agreement does not create an employee/employer relatIOnship between the Parties. It is the intent of the Parties that the ARTIST is an independent contractor under this Agreement and not the CITY's employee for any purposes. including but not limited to. rhe application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment of the manner and meam of carrying out ARTIST's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of ARTIST, which policies of ARTIST shall not conflict with CITY, State, or United States policies. rules or regulations relating to the use of ARTIST's funds provided for herein. The ARTIST agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business. that It has made its own investment in its business, and that it will utilize a high level of skill necessar:v to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the ARTIST and the CITY and the CITY will not be liable for any obligation incurred by ARTIST, including but not limited to unpaid minimum wages and/or overtime premiums 7.3. Assignments. 7.3.1. This Agreement, or any interest herein, shall not be assigned. transferred or otherwise encumbered, under any circumstances, by ARTIST without the prior written consent of CITY However, this Agreement shall run to the CITY and its successors and assigns. 7.3.2. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARTIST to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for ARTIST any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and that places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the ARTIST and the CITY designate the following as the respective places for giving of notice: Page 5 of8 CITY : Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone No. (561) 742-6010 Facsimile No. (561) 742-6011 Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 ARTIST: Telephone No. 7.6. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.7. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.8. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida 7.10. Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and costs. 7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement between the CITY and the ARTIST and supersedes all prior negotiations, representations or agreements, either written or oral. 7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall not discriminate against any fIrm, employee or applicant for employment or any other fIrm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. Page 60f8 ARTIST WITNESSES: BY: --_.._----~--------- Print Name: Title: STATE OF FLORIDA : : ss: COUNTY OF : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of ~.._--- - -~~~---_._-- who is personally known to me or who has produced as identification, and acknowledged executing the foregoing Agreement as the proper official of for the use and purposes mentioned therein and that the instrument is the act and deed of IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of _~__~~______' 2008. (Signature of Notary Public - State of Florida) (Print, Type or Stamp Commission Name of Notary Public) Page 8 of 8 >ji !,nti! 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I l'OP4 __ 50'.. PORI + 50% POR2 _ [ ---- CPT r- ~ r 7'.()" (CHECKER PATTERN) U ------1 I T.(J" -, I T 1- I I. \ I ' i 1\ . j \ j{' F"l'{~ I f'I" \ I , . i PORI I ,t I I f~;P)'7 ~I I f ! PORI j i I L __I ...l ! ~ FIRE RESCUE TILE ^CCENT (MOSIAC' r- p( ll~;" ~-l PORI POR3-, PORI POR4 . .J= POR4 POR4 ----- -- 1 r=-.---1i - r1 l~--- l-~~JI-- --~._------- ] I II J PORI CPT PORI - --I VCl ~ POR2 q PORI . II I ! II 1 , 3 . . . FINISH COlOR SCHEDUlE MARK n1!M 8"" MANUFACTURER COLOR REFERENCE COMMENT8 NOTES; I'ORl PORCElAIN TILE 12x12/18x16 DAlTn..E 1.SD1 HYDRA LANDSCAPE UNPCUSHED MOSAIC BY MONTOYA SCUlPTURE & SUPPLIES P0R2 pORCELAIN TILE 12x12 DAlTtLE lS01 HYDRA LANOSCoAPE POlIBHED 502 PALM STREET' 21 W.P.B. Fl33<<11 581-832-4401 P0R3 PORCEl.AINT1l! .... DAlTllE LSM TEBE LANDSCAPE POlJaHED PO" PORCELAIN TilE 12x12/18x18 OALTILE lSQ3D8..F1 LANDSCAPE POIJ8HED AllOW FOR THREE MEETIN08 WITH OWNER'S REPftE8ENTATJVE FORART IN PUBUC SPACES. TWOALTERNAoTJVE DESIGNS FOR TILE MOSAICS PAV1 CONCRETE PAVER 12x12 PAVER SYSTEMS "MARETTa 8LA1l SET ON BAND BED FOR SELECTION &APPROVAL MoNTOYA PAV2 CONCRETE PAVER 12x12 PAV!R SYSTEMS SISCAYNE 8LA. SET oN SAND BED SCULPlURE 18UPPllE8 TO PROVIDe OEION ALTERNAllVE8. VCT VCT VCT CPT CPT CPT CPT , c:::==J _Jpoo.4 \ ~ ~ P"JP.t CPT ~ ~ ~ ,. F- PO"" -', ~ , IIU Poot ------------~:~N~f (M06NC) verr CPT ~ F'O~1 __1'-4" ~ii1 ~ 4'...'112" r-o' ....!:1.1B.:......L:~ T .;~i .....-_..._~...... CPT .. ~'-4. ---P0R3 ~ por~1 ru ~. '--..J._PCR3J PORI CPT CPT CPT .J ...I ~ I ...I ~s - 2'""fT.JJ' J: I~~ LpT err POR! CPT ~ VCT C Z il u i CPT CPT PARTIAL SECOND FLOOR CPT 0 VERIFYIIG.IILE -8 ~~J!ERNING PLAN err POi~1 PO"' 1W'l..Clll:IrlCHDH ~ ~l3. I . . . 12 ' ,. ~ , OAT" AUGUST 13. 2007 i 114"""-<1" P"OJ 843903 ~ OWG A-182 ~ FILENAME:: dn01,U'L343G;3.dllfl PlOT DAlE: .,.,.,,"" PLOTT""'" Q:e8:4V AM III Montoya n ':'ji[;-ure & ,)JDCj! lnrr ro""~ I Jeffrey E. Halverson Artistic History Owner of Mosaic dMontoya- established in 2004 to explore and promote to use ofItalian glass and stone mosaics for artistic creations. Member of Society of American Mosaic i\rtists. Mosaic Artist in stone tessrae and Italian glass with custom a11istic works in private and public locations in South Florida. Mosaic i\rtist in Italian glass and stone mosaics introduced their use on pre-cast concrete medallions for architectural decoration. Teacher of mosaic workshops at Montoya Sculpture & Supply since 2002- over 350 students in stone and Italian glass mosaics. Teacher of Master Mosaic Workshops at Vera Beach Museum of Art since 2U03- over 120 students in stone and Italian glass mosaics. Owner of Montoya Sculpture & Supply- founded in 1973, owner since 1999, importing and selling fine Italian stone carving tools, sculpture quality stone and educational materials for stone carvers and educational institutions. Stone sculptor since 1993 with small works in private collections. Stone sculpture restoration and maintenance specialist- called on to make recommendations for repair and restoration and maintenance of stone and bronze sculptures and architectural works at plivate residences in South FlOlida. Teacher of stone sculpture workshops- conducting several 3-5 day workshops a year for beginners and intermediate stone sculptors. I I 502 Palm Street, #21 . West Palm Beach, FL 33401 Phone: 561-832-4401 . Fox: 561-833-2722 . e-mail: info@montoyasculpture,corn Web site: www.montoyasculpture,com Jeffrey Halverson Site Specific Mosaic installations 1" ,;... '<;"~ii"l~-.""~ -:.....1'::-=: ;~_ _1 _ci ~;;:-:..:~-' ... _....~:~Wll;~~~,~ .'1.' '_... ._--~--.... --,~ t~(-~..,.,O . U:"~l . --"~~"l"~,- .,.<..~,...-.~ - ~"-~."'- .. - - 1("' r"\ --~iI1/'.;;'''' ,__ . .~"O;:;;"'';''''._ ~" ~ "., .. . ,~_" . ......... --';;;;'~:i~,""i""",,~ . '\!!. ,.:> i.1' -' ". ...,..,...-......,-~...-~-,,,...,- ....-... -~ .~. :,~.... ... Q"" _~~~"_.,__.h,1IkJ-" . ~-~- ...,;:.;-("~_....... .,' ~' .. . 4f:::r ,", [:;j~;;i"'i -e:- . .e..;" .... ..::';'-..,,;i,~ III Montoya II -= _.dC.hJre ':~ ::' l'::,C lrl"~ .1 q--" PROJECT INTRODUCTION I PLl3LIC ART COMPONENTS i I BOYNTON BEACH FIRE ST A nON # 5 I Southwest comer ofI-95 and Gateway Blvd. The following proposal identifies the areas and items that contribute to the Public AJ1 in the Fire Station #5 project. The Public Art components proposed to be created and fabricated in Fire Station #5 will engage and educate the public on the importance of this new facility as the City's newest Fire Station and Emergency Operation Center. The Public Art will serve to create a "Historical Museum" in the Fire Station's main lobby. The main lobby will utilize existing fire fighting equipment, historical images and the Fire Department's signature REO fire truck (circa 1924). The Public iut elements specified in the proposal will create this museum atmosphere which will include additional elements such as the ceremonial bell, creatively designed show cases that feature fire fighting equipment, the artistic specified painted coffered ceiling to feature the artistically created fire equipment chandelier, and mosaic imprinted REO tire tracks that will lead into the artistically created tiled floor on which the REO will be prominently displayed. The lobby entry will feature a pair of unique operating sconces made from surplus fire equipment. Even an audio system will pipe live emergency calls into the lobby and the artistically displayed time line wall will all contribute to the historical lobby museum. The sights and sounds of the City' s rich fire tlghting history, displayed in artistic fashion through site specific artistic mosaics, the assemblage of fire equipment in the custom time line wall, the sconces and the fire equipment chandelier will create an educational and a11istic presentation upon enteling the building. Once the facility is opened. the public can tour the lobby to learn about the history and the future of Fire Fighting and this Emergency Operational Center. The value of the Public Art Components for Fire Station #5 is comprised of the estimated value of the donated and displayed Fire Department items, valued at $38,350. and the proposed Artist created site specific works valued at $40,512. The total value for the Public A..rt Components is $78,862. '" 502 Palm Street, #21 · West Palm Beach, FL 33401 Phone: 561-832-4401 . Fox: 561-833-2722 . e-mail: info@montovasculptur8.('!)rr, Web site: www.montovasculpture,com Antique Appliances and Fire Museum Items 2007 Station #5 Lobbv Displav Item Value Brass Hose Couplings (All sizes) $250.00 Brass Distributor Nozzle $750.00 Firefighter Helmets (antique) $1500.00 Brass Hose Jacket $750.00 Original Fire Station Log Books (1 from each decade) $4500.00 Various Commendation Insignias $500.00 Badges and Officer Insignias $750.00 Pike Poles (Wood & Steel) $500.00 Halligan Tool (Black Steel) $350.00 Leather Ladder Belt and Manila Rope $500.00 Canister Type Breathing Air Mask $2000.00 Demand Type SCBA Regulator $1000.00 Historic Department Pictures $2500.00 Brass Alarm Bell (Pedestal Mounted) $2500.00 Brass Nozzles and Play Pipes $3500.00 Miscellaneous Antique Appliances & Tools $1500.00 1924 REO Speedwagon Fire Engine w/Equipment $15,000.00 $38,350.00 Montoya Ms. Debby Coles-Dobay :,c JlpT:.JfE & SUDC,lv Public Art Administrator \'illu I C)""" , I I City of Boynton Beach I 100 E. Boynton Beach Blvd. I Boymon Beach. FL 33425 , June 24. 2008 I I Subject: Fire Station #5 Public Art Project Proposal for Services Dear Ms Coles-Dobay, Below please find a summary of the public art projects we have discussed for the new Fire Station #5, along with the associated construction time and costs: Proposal #1, Fire Equipment Entry Sconces, (three months) $ 2,011 Proposal #2, Main Lobby Window Images, (six weeks) $ 1.540. Proposal #3, Lobby Chandelier and Coffered Ceiling, (three months) $ 3,985 Proposal #4. Floor Mosaics, (four months) (costs included in other contract) Proposal #5. Time Line Wall, (three months) $ 5.115 Total of proposals 1,2,3. & 5........$12,651 Terms: 25% upon approval of drawings or concept. .. $3.162.75 25% progress payment ...$3,162.75 25% progress payment.. .$3.162.75 25% after installation...$3.l62.75 Attached please find the detailed scope of work and costs associated with each of the proposals. We look forward to working with you and Fire Rescue Staff as we begin these art projects for Fire Station #5. Yours truly, / ~I ~ /) />1, ~f ~ ' "\'. - ..~ . ey)E. Halverson / / , '_-/Pl-P.C~ .-1P.1.1"- ..L .L~oJ..L~""'.l..1l,.. I 502 Palm Street, #21 . West Palm Beach, FL 33401 Phone: 561-832-4401 . Fax: 561-833-2722 . e-mail: info@montoyasculpture.com Web site: www.montoyasculpture.com ~ . ~ ,Ji*" . "";j/t' 1. ~" ~ ," '...w..' ;.,,";,~~' "''''''i:.a'":- ,T .~....... ..-;,,,. ~, ~ " .... -,.".~-<< ) ,,~~,.~.,t :,:C:::, - ~ '7',3& II Montoya n Scuipture & SUDOl ~'lTU." ] 0-::; I Fire Equipment Entry Sconces I Bovnton Beach Fire Rescue Station #5 I I Proposal #1 June 3. 2008 I Concept: Create unique entry sconces from antique fire equipment. i Site Conditions: The site is under construction. The sconces are anticipated to flank the main lobby entry. During final lighting installation the Al1ist will coordinate with the Prime Contractors Electrical Sub-contractor to arrange installation prior to final electlical inspection. Scope of Work: Design and construct two custom sconces from available surplus fire equipment. Fire equipment shall be made available from Boynton Beach Fire Rescue stock. Artist shall coordinate with Fire Rescue staff and the Arts Administrator in the design concepts and final design. .Mist shall prepare hardware, electrical for 40- watt bulbs, and globes as well as custom designed mounting hardware capable of supporting the anticipated load of the sconce. During the design the option exists for the use of low wattage flickering bulbs that will create a burning flame appearance. Consultant shall coordinate with Architect and Prime Contractor to insure proper wall supports are incorporated into the design at the proper height, as well as coordinate with the electrical contractor to insure electrical and switching is supplied to the location. Costs associate with additional electric or switches associated with the building to be paid by the City to the Prime Contractor. Two sconces and three globes (one globe in reserve) will be provided and installed. Entire process is anticipated to take three months including preliminary design, [mal design, manufacture. coordinating and installation. Fee: The fee for this work is $ 2,01l. ... 502 Palm Street, #21 . West Palm Beach, FL 33401 Phone: 561-832-4401 . Fox: 561-833-2722 . e-mail: info@montoyasculpture,com Web site: www,montovascuipture.com Montoya Sculpture & Supply Sjnc~ 1973 Fire Equipment Entry Sconces Boynton Beach Fire Rescue Station #5 Proposal #1 Item Description Material Hours Rate Total 1 Design mtgs at B.B. 3.0 65.00 195.00 2 Coord with Arch & Prime Contractor 1.0 65.00 65.00 3 Dilling/wiring/assembly 9.0 65.00 585.00 4 Delivery & Installation 4.0 65.00 260.00 10 fire equipment supplied by BBFR 0.00 0.00 11 set screws 4.00 4.00 12 wire, sockets, bulbs 17.00 17.00 13 globes, flame shapped, glass, 3 525.00 525.00 14 mounting hardware, custom, 2 360.00 360.00 Lump Sum Fee I 2011.001 II 502 Palm Street. #21 · West Palm Beach, FL 33401 Phone: 561-832-4401 · Fax: 561-833-2722 · e-mail: info@montoyasculpture.com Web site: www.montoyasculpture.com /" .- it " \. \ .1. \ . ... ",~, l~~._~'.~"""""~9'~'>,':;:;~> \. II Montoya n Sculpture & Suppiv )'jn.Ct' 19~" Main Lobby Window Images Boynton Beach Fire Rescue Station #5 Proposal #2 June 3, 2008 Concept: Enhance a portion of the entry windows with historical images that help set the stage for some of the important historical elements to be housed in the main lobby. Site Conditions: The site is under construction. Window fInishes will be installed as interior work comes to a finish and prior to Grand Opening. Scope of Work: Monochrome film images of Fire Rescue related actions, events and persOlmel will be applied to the interior top portion of the four front lobby windows and on two top windows over the main entry doors. Locations are shown on the construction plans sheet A-401A, First Floor Lobby. While exact field installed measurements remain to be taken the approximate size of each image will be 2 'x4'. The Artist will coordinate with Boynton Beach Fire Rescue Staff and the Arts Administrator in the selection of appropriate and desired images to be used. Six images will be selected for imaging onto the monochrome film. Field preparation and application is included. Artist will coordinate with Arts Administrator during the selection process, the black and \\bite values, during delivery and prior to final application. The work will require six \veeks including two days on site. Window finishes will be installed as interior work comes to 3. finish and prior to Grand Opening. Fee: The fee for this work is $ 1.540. ... 502 Palm Street, #21 . West Palm Beach, FL 33401 Phone: 561-832-4401 · Fax: 561-833-2722 . e-mail: info@montoyasculpture.com Web site: www.montoyasculpture.com Montoya II Sculpture & Supply Sine, 1973 Main Lobby Window Images Boynton Beach Fire Rescue Station #5 Proposal #2 Item Description Material Hours Rate Total 1 Design mtgs at B.B. 3.0 65.00 195.00 2 Coord with Arch & Prime Contractor 1.0 65.00 65.00 3 Delivery & Installation 4.0 65.00 260.00 10 Images for review and election BBFR 0.00 0.00 11 Image enlarging and digitization 70.00 70.00 12 Image placement on film 950.00 950.00 i i'l I, Lump Sum Fee I 1540.001 III 502 Palm Street, #21 · West Palm Beach, FL 33401 Phone: 561-832-4401 · Fax: 561-833-2722 · e-mail: info@montoyasculpture.com Web site: www.montoyasculpture.com _ ~~\~ \.0""1 ~\~~,~ -s.:...",C.S"il - ~..\~ t:~"'~"~c,. - ~- - ~ c::: &.,f f a. ~ ~~ .~::;..- ~'. .., ~~l \\~.. ~ .!J;.. ~-_._.., ~~ ,; Jj I " \ (J I , .;Ij ~, //, I! If, I , "'-, " / tf. ' I ,,/ " J I ,.I '../' ' I j;, --- ~ _ \'\ ~ "'~f.t'4 \t\"'c."'" (,) _ t\.~~~ .~ \~'t'.a.'O~ _ ~fl,~" ~,.O ~M. e& H. 'Jro'\L MONTOYA sCtJLPTURE & SUPPV 502 P ;\LM STREET #21 WEST pALM BEACH. FL 33401 . :;;::'~tf' . .'it~:~C$ . . ..:. ' ,~. .' 1~~ Montoya Sculpture & Supply Since 1973 Lobby Chandelier and Coffered Ceiling Boynton Beach Fire Rescue Station #5 Proposal #3 June 3, 2008 Concept: Create unique historical looking lighting fixture for placement over the REO historical fire truck complimented by the coffered ceiling. Site Conditions: The site is under construction. During construction and wiring of the main lobby coordination will be made with the Prime Contractor to insure proper supports and wiring is made available for the anticipated loads and electrical requirements. Chandelier installation shall occur during the final phasing of the construction, and will be closely coordinated with the Prime Contractor to insure installation in advance of the final electrical inspection. Scope of Work: Design and construct a single custom chandelier for the main lobby from available in stock fire equipment provided by staff. The main light elements shall be standard but selected to integrate into the proposed fixture. Area lighting as well as spotlighting will be integrated into the design. Custom framing and supports are anticipated. Artist shall coordinate with Fire Department staff and the Arts Administrator in the preliminary concepts and final design. It is anticipated that the coffered ceiling surrounding the chandelier will be painted to help frame the fixture and compliment the REO truck. A chandelier with elements of red, gray, black, silver and possibly gold could be accented by red ceiling tiles with a gold or black ceiling grid. It is anticipated that tbe proposed ceiling grid pattern and material would remain but coloring would be used to accent the chandelier. Entire process is anticipated to take three months including preliminary design, final design, manufacture, coordinating and installation. Field work and 'installation will be coordinated with the Prime Contractor. Fee: The fee for this work is $ 3,985. II 502 Palm Street, #21 · West Palm Beach, FL 33401 Phone: 561-832-4401 · Fax: 561-833-2722 . e-mail: info@montoyasculpture.com Web site: www.montoyasculpture.com III Montoya n ~,C JiDTUrS S ::!-.1P;:! .. t;:ncf' 'I}-C' I Lobby Chandelier and Coffered Ceiling Boynton Beach Fire Rescue Station #5 Proposal #3 I Item Description Material Hours Rate Total 1 Design mtgs at B.B. 3.0 65.00 195.00 2 Coord with Arch & Prime Contractor 1.0 65.00 65.00 3 Drilling/wiring/assembly 13.0 65.00 845.00 4 Delivery & Installation 3.0 6500 19500 10 fire equipment supplied by BBFR 0.00 0.00 11 lighting frame, custom cut, weld, paint 715.00 715.00 12 main light fixture, 2 750.00 750.00 13 spotlights, up to 8 780.00 780.00 14 screws, wire, nuts/bolts 30.00 30.00 15 mounting hardware, custom, 2 160.00 160.00 16 coffered ceiling painting and detailing 250.00 250.00 Lump Sum Fee I 3985.001 I I 502 Palm Street, #21 . West Palm Beach, FL 33401 Phone: 561-832-4401 · Fax: 561-833-2722 · e-mail: info@montoyasculpture.com Web site: www.montoyasculpture.com - \...0 ~G~ c.~,,~ bEL \ SQ. s.. CoO fTE.ES f) --- ~e.,a..\~& - \.k5\~fD BB.fR. S~~'-~ 1::G..~oE>t'\<C~\ ~e~6 ~ \ Q~e. t'\ ~\" ~~BBY c::... ~ ~ 1) e 1... \ is Q... - Sc~:~Clo.~e. '-"'- \..'S",,\~b ~\u.. f-o~a '-N~ ~~~,,\~ ~...MP ~ - e~,~"\ c:::.. e::> ~ e.<<..e.o GS' \,...\~ '- 'TC M ""''' (...~ ~(:> aT=- (lao. . . - e.Le~~~\:S e~ c........~~s..~\ e.~ ~tlot \ N'TEO -,u t'\~~ 'A!!.o. - c:::.. ~ ~ Co E. ~ e:.= L.Q ~ t- S \ t>e \J\~~1 . p,G ~.u: ~\Nb $~~.~~\ c..,s. u. \ tU~ l ,,,, , ........ . ~ . . . . . ~ . SPeS\" \.\~j ~ ~so Of"nor'~ . aof\'SE~ ON ",,4\\LH)\\'\'1 ~O-~ ~t>os;, 1" SPb'U (!) ~'tS Ot.) -,_.0. 0\.4> n~E. N():!-"!-S\..j "bl.1l P'IUS '" t'\D~~~O ~N \...\fo~ t'\&~\ e~ &\OE l) F l.\ e\'tt' ~~S; rR.~ t"I\. ~ ~g1) E&.-....,p" ~ '" \.\~ ~t.IE (~~ fl\" \)€ ) ~:t> eN ceo ~ 1) 'NHt ~ ~ Vl\~ &4r~ (>.3 II Montoya "C Ji:::,j u,e .:): >",cc! , )'irJC" ,rf)~" Floor Mosaics at Entry, First and Second Floor Lobbies Boynton Beach Fire Rescue Station #5 Proposal #4 June 1 0, 2008 Concept: Create artistic displays of mosaics at the entry to the lobby, in the fIrst floor lobby and on tbe second floor lobby. Site Conditions: The site is under construction. DUling construction tbe ~Artist will coordinate with the Architect and Prime Contractor. Scope of Work: The proposed mosaics sball comprise a total of 147 square feet of mosaics. A total of 98 square feet shall be used in the creation of the REO tire tracks leading from the parking lot, up the entry and into the lobby, as well as in the creation of two mosaic logos of the Boynton Beach City seal and the Fire Rescue Department logo/patch. The first seal and logo mosaics will be created with the use of the f()ur t~lles and finishes of tile specified for use on the first floor, as well as a black/charcoal tile to symbolize tire tracks. The second floor will use a 49 square foot area allocated in the center of the room for the "911 Remembered" mosaic. Fine detailing and colors \vill reflect the nigbt sky, the city skyline and tbe ligbt rays symbolizing the lost tower buildings. .Artist shall coordinate with Fire Rescue staff and the Arts Administrator in tbe design concept and final design. The display will include labels identifying tbe name of the equipment its use and year. .Artist shall coordinate with Architect and Prime Contractor to insure proper installation and timing. The process is anticipated to take four months including preliminary design, final design. coordinating and installation. Fee: The fee for this work is $27,861. ~ . ... 502 Palm Street, #21 . West Palm Beach, FL 33401 Phone: 561-832-4401 · Fax: 561-833-2722 . e-mail: info@montoyasculpture.com Web site: www.montoyasculpture.com Montoya Sculpture & Supply Since 1973 Floor Mosaics Boynton Beach Fire Rescue Station #5 Proposal #4 Item Description Material Hours Rate Total 1 Design mtgs at B. B. 5.0 65.00 325.00 2 Coord with Arch & Prime Contractor 4.0 65.00 260.00 3 Specify tile order with Prime Contractor 3.0 65.00 195.00 4 cutting of tiles into mosaic tessera 137.0 20.00 2740.00 5 assembly 147 sf 326.0 65.00 21190.00 6 Delivery & Installation 24.0 65.00 1560.00 10 Floor tiles to match proposed floor by contractor 0.00 0.00 11 Floor pattern wood insert keeper 200.00 200.00 12 Pattern making 1281.00 1281.00 13 Thinset, glues and grout 110.00 110.00 Price for three mosaics at 49 sf each Lump Sum Fee I 27861.001 III 502 Palm Street, #21 · West Palm Beach, FL 33401 Phone: 561-832-4401 · Fax: 561-833-2722 · e-mail: info@montoyasculpture.com Web site: www.montoyasculpture.com ~ ri-e>oR. Me )A\ '- - y--,R" -. ~o (t~ , - o U,"" ~ \ t)f- T.,) oS \ S)~ - -- Cbtlc.. . \N o.\.. \ ~ - - - - ~ -- ~ -J ~ 1'\....-, \..Oe6"'/ ~ 0 ~..... ~' / .; "" 0 ".... -, ~_.- . p,,-JE~ ~ ~ t\e ,~\ c- _. ~ ~,Q.~ TQ P\ c.\'- ~ ~~ Q~c..Vt ~ 0,/ I .3 .5 " ~ \ ~ E. 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Montoya Sculpture & Supply Sinc~ 1973 Time Line Wall Boynton Beach Fire Rescue Station #5 Proposal #5 June 10,2008 Concept: Create a strengthened wall in the main lobby capable of supporting fire related equipment in a time line fashion showing the progression and evolution of fire related equipment. Site Conditions: The site is under construction. During construction the i\rtist will coordinate with the Architect and Prime Contractor arrange wall support installation in a timely manner. Scope of Work: The proposed wall in the lobby is the largest available and is already specified to have a painted wallboard sheeting. The wallboard will be strengthened with the installation of 3;4" plywood behind the wallboard. This will allow for the attachment and display of the fire related equipment, which can weigh up to 45lb per unit. The equipment to be displayed will come from existing Boynton Beach Fire Rescue stock. It is anticipated that the display will include as many elements as possible as detennined by Fire Rescue Staff. All desired elements may not be readily available but space will be allowed in the plan and layout. Artist shall coordinate with Fire Rescue staff and the Arts Administrator in the design concept and final design. The display will include labels identifying the name of the equipment, its use and year. Artist shall coordinate with Architect and Prime Contractor to insure proper wall supports are incorporated into the wall. The process is anticipated to take three months including preliminary design, final design, coordinating and installation. Fee: The fee for this work is $ 5,115. III 502 Palm Street, #21 . West Palm Beach, FL 33401 Phone: 561-832-4401 · Fax: 561-833-2722 · e-mail: info@montoyasculpture,com Web site: www.montoyasculpture,com II Montoya n "I=- .J!C,Turs & SIJ:='C '/n,r. _'0..,....' I Time Line Wall Boynton Beach Fire Rescue Station #5 Proposal #5 Item Description Material Hours Rate Total 1 Design mtgs at B. B. 4.0 65.00 260.00 2 Coord with Arch & Prime Contractor 4.0 65.00 260.00 3 Specify wall requirements 3.0 65.00 195.00 4 label and prepare elements for installation 25.0 65.00 162500 5 Delivery & Installation 10.0 65.00 650.00 10 Materials 3/4" plywood under already specd wall board 350.00 350 00 11 fire equipment provided by BBFR 0.00 000 12 masterplan wall pattern 525 525.00 13 labels with history/use 50 units 1250 1250.00 Lump Sum Fee I 5115.001 III 502 Palm Street, #21 · West Palm Beach, FL 33401 Phone: 561-832-4401 . Fax: 561-833-2722 . e-mail: info@montoyasculpture.com Web site: www.montovasculpture.com ..- "'\\ ~ <;;.. \, \ ~ e ~... 'J,.. - ~, (l 'f( ~\..o'" \..o~...., \0\ ...~ ~~-.J-o \,' ~ifro'f(~ -");0 UU$ \:;\ ~ ~ . ~ ~ :.A.. \S.l... ~ - ~ o\~i ~... · \ . L. ~~ ~ Cit, ~ It= ;=. - ... .... -..... ~...~ ""l5 o'-o.,~ _to>M'\'.'~'I: ~~\.\t.O &"'1 ~e. ~t- pc.~ ~I f'- pff- ~6.,..c:" ~..~~"\ ~ ~ c.oO"~'~~ - _~ .......~ $Co....... S L ....... GO~""~'" ~,....,+- ...". r- -- ., *'* -..;.,... ~ _ ~f"~'1 '<<;)~.., ~oO'If.\ ....~ ~...~E.() r-~ L _~O e..., _ \..'~.. (,0\,.0t. ~ ~... ..~""....'- ~~~ ' $~~" .-..., ~~ ~ I _ U........ v.Se, t>~ I '>-,~'-- ~ po. \ ... ,1 " u.,f ~ &" .,. (, M0N10~A.S~~ 502.1' ALM slREE't #11 WEST l' pJ.M. BEAcH. FL -- - .. ~ \ III Montoya n " ;'C",;re S: :,",cc "!?lie ,'I- I PUBLIC l\RT COMPONENTS BO\'NTON BEACH FIRE STATION #5 MAINTNEANCE RECOMMENDATIONS 1. Fire Equipment Entrv Sconces - Once a year cleaning and polishing with 3. quality wax will help protect tbe shine oftbe metal and prevent the buildup of grime and sea salt. ') Main Lobbv Window Images - Once a year cleaning with mild window cleaner will maintain the clarity of the images and allow light transmission. ~ Lobby Chandelier and Coffered Ceiling - Change the light bulbs as needed. Dust .J. top of chandelier. 4. Floor Mosaics at Entrv. First and Second Floor Lobbies - All mosaics \vill be sealed to minimize moisture intmsion. A...nnual application to maintain tbe sealer is recommended to minimize moisture intmsion. Exterior mosaics may need TO be re-grouted after 10 years the same as can be expected witb exterior stone 01' ceramic tile. Interior mosaics will require re-grouting and grout cleaning \vhen the surrounding floor is treated in approximately 10 to 13 years. 5. Time Line Wall- Minimize touching of wall and equipment to prevent tbe build up of oils from fingers. Dust displayed items as needed to prevent dust build-up. Items will be secured with "alIen" screws allowing for removal of displayed items. but only with the proper tool. 502 Palm Street. #21 . West Palm Beach, FL 33401 Phone: 561-832-4401 . Fax: 561-833-2722 . e-mail: info@montoyasculpturecom Web site: www.montoyosculpture.com FIRE STATION #5 2008-2009 I . 10 16 I Task Name Start Finish ..........1 ......r--.......-.'.-..- ....-.-................---..--.-. ..........-....-.....- ............. ... - ...--. i '-2--1 ! SCONCE ENTRY LIGHTS 61 days Mon 12/8/081 Mon 3/2/09 : ~ ,,! ! ! ! ! ! ! ! ! ! ! 1.1: I ..-.....-...........1. . . l. .......,.. -....-.-,-.....--....-..,.......-.....,...-.,...-..,...........,.-.-;...-.,..........,....;......\ 3 fiB pick up materalls 5 days Man 12/8/08! Fn 12/12/08 : : : (~~ : : : : : : : : : : : : : i ......_.~f.._.-l . ,,,em bel .,df,bOeale 38 d,>" Moo 12/15108 [ Wed 2/4109 ... L ). ~ []J::::m::::m:::i'::H::':::::m:'i:mm:::;::i:mi:')}:::'d : ..: +:::i!, _ . : . _[ _-.::~:~-: rnB install 1 day Mon 3/2/09 ; Man 3/2/09 : : : : : : ~ : : : : : : : : lli : I 6 . I' , , " """,," I : 1'1 WINDOW GRAPHICS 62d'>" Mo" 1218108 i T". 31310. - - ',: -~.. j' - -: ': - - :-- :. '; ...; --: . . : - - c.; - :~', - _Ii i ", I , , , , I , I j I , , --g-1 [[B select pictures from stock 5 days Man 12/8/08! Fri 12/12/08 ... ..:.. :... ~ w: -.. - -:' .~:..... ~....:..-. ...:.. - ..:....... ~.... ~.... r." .:. -... ~.... ~... -'j 10',1 ffi8 reproduce 7 days Fri 12/26/08 i Man 1/5/09 : : : : : J~~~{t~1 : : : : : : : : : ! ! . , , , , ......... , , , , , ,~, 11 IIiB install 2 days Man 3/2/091 Tue3/3/09 ""-':" ..:....-;......:.....:....-:.....;.....:......;....:.....;....;..-...:......:....tj..;..... -~-J i ... ..:.. ..:.... .~.. ..;. ._..;.... .;.....~. . .;.... .:... ..;... ._~....;. .....;... ..:.....~ :'.. .~.. _.. 13 , ' , . " "" , , 14 CHANDELIER 63 days Mon 12/8/08 i Wed 3/4/09 : : ....' , , , . , , , , , , ,...,: I 15 liB pick up materalls 5 days Man 12/8/08: Fri 12/12/08 .... .:.. ..:.... :~. ..:.... .:......:...... ~.... ..:... ..:.....:.... ~ .... .:... ..:.....-;....:....1 _~___. "",mOl..", Ieb,leale 45 d'>" Moo 121151081 Fn 2/13109. _ .~_ _: _.: _ .. ; .::::::::::::::::':'m'::::mm::::?:::::::m::m::H:m:::':'::::::::H:mJ;-~; ! 17 1mB install 3 days Mon3/2/09i Wed 3/4/09 : : : : : : : : : : : :' .:.....:.....:tf:.....-I :: ~ . I . . . ..!.. - -). . . .. ~ - . . .;. . . ..). . . . .). . . . - ~ . . . . ; . . . . .:. . . . .:. . . . . ~ . . . . ; . -. . .:. . . ..). . . . . :. . . . .;. . . . .1 _.:~ TIME L1.NE ~ALL 65 days Mon 12/8/081 Frl 3/6/09 I. .....:.. . .:... .-\- .-:- -. _ -:-... .:..... ~._..;.... ...:..... .:- _...~... _: _ -.. '.... .:.....:.. ).....1 21 1m ""ew..~FD,taff 5d,,, Mon12181081 F'12112/08 : : :~: : : : : :: ::: I ! .. """",. '" 22 I . select material to include 1 day Mon 12/15/081 Man 12/15/08 : : : : : : : : : :: ::: I I . , , , , , , , , " ,,' 23 -I . i create titieing 28 days Tue 12/16/08 !.' Thu 1/22/09.1.... .~,. 'C"';'" .~. m;'::'m;:;:;:;:";:;:;:'::';';::';';';:;,;C:::i;~ ....:... '.., ,.., .:........ ..:... .11 24 i perfect mounting methods 10 days Fri 1/23/09 ! Thu 2/5/09 : : : : : : : : : :~;~/<;j;~;H ~ ~ : 25-1 ffi3: install 5 days Man 3/2/09! Fri 3/6/09 ... ..:.. .-:...... ;"-~''''':'' ..:....;.. ':"-' ............-.......:....... .... .... .:..... .t:m~. ....Ii .. .. ." " , :: ;;;:;;;: I 1..................1 . _.................................... . . "'" <;1,"'" ,.,...~~....., -. "... . ."m Task ;:;;;;::;:;:::::;;;;;;:;:;:;:;:;:;:;: Milestone External Tasks E[IIIIIIP Project: BB FS#5 S rt . . . . . . . . . . . . . . . . . . . S ~_. .;..,..,',,1\1 Date: Wed 11/26/08 Pl. . . . . I I . . . I . . . . . . . ,ummary ..... ..... External Milestone V Progress Project Summary'" ---- .. Deadline [> Page EXHIBIT A Meeting Minutes Arts Commission - Boynton Beach, Florida October 28, 2008 D. Fire Station #5 Emergency Operations Center (E.O.C.) - Mailed to Board October 22, 2008 Ms. Coles-Dobay distributed a rendering of the building. The proposal was brought before the Board last year with the thought of creating a historical museum in the main lobby. The station was being constructed on the comer of Gateway Boulevard and 1- 95. The main lobby would utilize existing firefighting equipment, including the old REO Fire Truck. Artistic displays of mosaics would be created at the entry to the lobby, and in the first and second-floor lobbies. The mosaics would be used in the creation of the REO fire tracks, as well as the City seal and Fire Rescue logo. Sconces created and fabricated by the artists would be placed outside the front entryway. A chandelier would be placed over the REO Fire Truck and in the center of the lobby. The entry windows would be enhanced with historical images, and the timeline wall would evidence the evolution of the fire equipment. The museum atmosphere would also include a ceremonial bell. The building would be utilized as an Emergency Operations Center (EOC). Once the facility had opened, the public would be able to tour the lobby to learn of the history and future of firefighting and the Emergency Operations Center (EOC). A "911 Remembered" mosaic would be embedded into the second floor lobby. Descriptions and costs were included in the proposal. The Public Art components of the project were valued at $38,350, and the proposed artist-created site works were valued at $40,512, for a total of $78,862. The Board reviewed the checklist and determined all objectives had been met and everything was in order. It was noted a call to artists was not necessary for this project. A grand opening would be held and the Board would be participating. Ms. Coles-Dobay would inform the Board of the date. Motion Ms. Richman moved to accept the Fire Station #5 project. Ms. Wolf seconded the motion that passed unanimously. E. Jaycee Park - Mailed to Board October 22, 2008 Ms. Coies-Dobay pointed out the project had been scaled down to Phase One as a result of budgetary constraints. She reviewed elements of the project and costs associated with the development, production, fabrication and installation of interpretive Public Art markers. 6 Meeting Minutes Arts Commission Boynton Beach, Florida October 28, 2008 The Board reviewed the checklist, and determined all objectives had been met and everything was in order. Motion Ms. Richman moved to approve the project at Jaycee Park. Ms. Moeller seconded the motion that passed 5-1 (Ms. Arflin dissenting). IX. PUBUC ART OPPORTUNmeS A. Urban Landscape - performance and Visual Art in Urban Landscape by lucy Keshavarz Ms. Keshavarz advised she had been working on a project entitled "Urban Landscape" with local choreographer, Demetrius Dance Klein, of Lake Worth. Mr. Klein had been engaged in several outreach grants, taking dance outside the theater, and had approached Ms. Keshavarz to collaborate in a series of alternative site dances for urban environments. The performance art, installation art and live performances were free to the public. The group had put on five performances last season and anticipated putting on three performances between January and April. Ms. Keshavarz had worked in Boynton Beach on the Jaycee Park project and became enamored of the City. She suggested the Old High School, and particularly, the back of the building, for the iocation of the performance. The objective was for the performance to be informal, rather than theatrical, and each location at which they had performed had been different. Ms. Keshavarz's team set up and disassembled the equipment for the performances. The events were educational and enjoyable, and a "talk-back" with the audience occurred after each performance. Ms. Keshavarz sought the Board's endorsement. Ms. Coles-Dobay noted Ms. Keshavarz and the group had their own insurance, which was necessary for the permitting process. The performance would take place in the parking lot across from City Hall behind the Old High School, on a Saturday evening. If the Board had an interest in sponsoring the event, Ms. Keshavarz hoped to have the performance at the end of January or the beginning of February. They would like to use vintage photographs from Janet DeVries' collection. The images v'/ould be projected on the back of the Old High School, which would be used as a screen. It was suggested a tour of Avenue of the Arts be done prior to the performance. 7 VI.-CONSENT AGENDA . ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetinq Turned in to City Clerk's Commission Meetinq Turned in to City Clerk's Dates Office Dates Office IZI Decernber 16, 2008 December 1, 2008 (Noon) o February 17, 2009 February 2, 2009 (Noon) c;.;, o January 6, 2009 o March 3, 2009 Q S1!":" Decernber 15,2008 (Noon) February 17, 2009 (NoOOl -.(..C;< 0 -<'" o January 20, 2009 o March 17. 2009 ,." n~ January 5, 2009 (Noon) March 2, 2009 (NoonF'> J r-W ~O o February 3, 2009 o April 7, 2009 - ;:.;w-< January 19,2009 (Noon) March 16,2009 (Noon) ~z -0 c..n-< ::z C .z::- .. 0 Announcements/Presentations 0 City Manager's Reporo ::I, 0 Administrative 0 New Business '-8 NATURE OF ":r;: AGENDA ITEM [RJ Consent Agenda 0 Legal 0 Code Compliance & Legal 0 Settlements Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Staff recommends the adoption of Resolution No. R08-_ authorizing the acceptance of the report from the Affordable Housing Advisory Committee. EXPLANATION: In accordance with FS420.6015, the City Commission on June 17, 2008 reinstated the Affordable Housing Committee. This committee, consisting of lenders, builders and developers, real estate professionals, advocates for low income persons and community groups, was appointed to review established policies, procedures, ordinances, land development regulations, along with the City's comprehensive plan, and the existing Local Housing Assistance Plan for the purpose of recommending specific actions or initiatives to encourage and facilitate affordable housing as required by FS 420.9076. PROGRAM IMPACT: The Affordable Housing Advisory Committee has convened on three occasions, and has reviewed all information made available to accomplish its mission. At this time, the committee is in agreement that existing incentives are sufficient, and have not recommended any changes in current policies. FISCAL IMP ACT: Acton is required to Ea:\sure that the City continues receiving state Housing Initiatives Partnership (SHIP) Program funding. ALTERNATIVES: N/ A / & Departm anager's Signature A Assistant to City Manager ~ Department of Development ,~ Community Improvement Division Department Name City Attorney / Finance S:\Cornrnunity Improvement\Agenda Requests\2008\CC 12-16 Affordable Hsg.doc 1 : RESOLUTION NO. R 08- , 1 - i ~ , . - I \ A RESOLUTION OF THE CITY COMMISSION OF 4 I 5 I THE CITY OF BOYNTON BEACH, FLORIDA 6 I ACCEPTING THE REPORT OF THE AFFORDABLE 7 i HOUSING ADVISORY COMMITTEE; AND 8 I PROVIDING AN EFFECTIVE DATE. J~ I ] ] WHEREAS, on June 17. 2008 the City Commission reinstated the Affordable ]2 Housing Advisory Committee to review established policies. procedures. ordinances. land i ]3 development regulations along with the City's Comprehensive Plan and the existing Local ]4 Housing Assistance Plan for the purpose of recommending specific actions or initiatives to f ] 5 encourage and facilitate affordable housing as required by F.S. 420.9076: and ]6 WHEREAS, the Affordable Housing Advisory Committee has meet on three ]7 occasions and has reviewed all information made available to it: and 18 WHEREAS. the Committee is in agreement that the existing incentives are 19 sufficient and is not recommending any changes in current policies: and 20 WHEREAS, the City Commission deems it to be in the best interests of the citizens 21 and residents of the City of Boynton Beach to accept the report from the Affordable Housing 22 Advisory Committee. I 7~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF _J ! 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: I 25 I Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby I 26 ,I ratified and confirmed by the City Commission. 2711 Section 2. The City Commission of the City of Boynton Beach. Florida hereby 2811 accepts the recommendation of the Affordable Housing Advisory Comminee, II Ii I f S Ie A IRESOIAftordable Housing Advisof\ CommiU~el a~ccpl report l.doc II I' - i - i I ! I , 1 Section 3. That this Resolution will become effective immediately upon passage. 2 3 PASSED AND ADOPTED this _ day of December, 2008. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor - Jerry Taylor 9 10 11 Vice Mayor - Jose Rodriguez 12 13 14 Commissioner - Ronald Weiland 15 16 17 Commissioner - Woodrow L. Hay 18 19 20 ATTEST: Commissioner - Marlene Ross 21 22 23 24 Janet M. Prainito, CMC 25 City Clerk 26 27 28 29 (Corporate Seal) 30 S'\CA\RESO\Affordable Housing Advisory Committee(accept report).doc - 2 - CITY OF BOYNTON BEACH AFFORDABLE HOUSING ADVISORY COMMITTEE 2008 INCENTIVE REVIEW AND RECOMMENDATION REPORT I. Background Information II. Public Hearing III. Incentives & Recommendations IV. Additional Recommendations V. Commission Consideration VI. Attachments: AHAC Membership Adopting Resolution Resolution to Adopt Incentives or Board Action I. Backqround Information The City Of Boynton Beach Affordable Housing Advisory Committee(AHAC) consists of eleven members with the following qualifications: a citizen actively engaged in residential home building, a citizen actively engaged in banking/mortgage industry, a citizen that is representative of those areas of labor actively engaged in affordable home building, a citizen actively engaged as advocate for low-income persons, a citizen actively engaged as a for-profit provider of affordable housing, a citizen actively engaged as a not-for-profit provider of affordable housing, a citizen actively engaged as a real estate professional, a citizen actively serving on the local planning agency, a City Commissioner, who is also a previous member of the local planning and development board, a citizen who represents employers within the City Of Boynton Beach, and a citizen who represents essential services personnel. The AHAC Committee met three (3) times. At its first meeting on October 2, 2008, the committee was given introductory information session with backup information that would be helpful with the task before them. This information included land development regulations, the city's comprehensive plan, and the current Local Housing Assistance Plan (LHAP). The second meeting was held November 10, 2008, when the Committee discussed in detail all of the incentives of the current LHAP and made comments as to whether or not any changes or additions were required. The third meeting which was advertised to the public was held December 8, 2008, where a guest Lydia Beltran from Florida Housing was present and presented information requested by the committee concerning Land Trusts. II. Public Hearing The public hearing was held on December 8th, 2008, at 6:30 p.m., and the following members of the public spoke: There were no public speakers This is a synopsis of what they said: N/A Iii. Incentives and Recommendations . The Expedited process of permits for Affordable Housing Projects. . The modification of impact fee requirements including reduction of waiver of fees and other methods of fee payment for affordable housing. . The allowance of increased density levels for affordable housing. (Comprehensive Plan, Housing Element, Policy 6.1.3) . The reservation of infrastructure capacity for housing for very- low income and low-income persons. . The allowance of affordable accessory residential units in residential districts. . The reduction of parking and setback requirements for affordable housing. . The allowance of zero lot-line configurations for affordable housing. . The modification of street requirements for affordable housing. . The establishment of a process, which the City of Boynton Beach considers, before the adoption of any new legislation that may increase the cost of housing. . The preparation of printed inventory of locally owned public lands suitable for affordable housing. IV. Additional Recommendations N/A V. Commission Consideration [T 0 be determined] VI. Attachments AHAC Membership Adopting Resolution Public Hearing Advertisement Resolution to Adopt Incentives or Board Action I RESOL UTION NO. R 08 - 070 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 6 THE REINST ATEMENT OF THE AFFORDABLE 7 HOUSING ADVISORY COMMITTEE PER FLORIDA 8 STATUTES; APPOINTING MEMBERS; DEFINING 9 TERMS OF MEMBERS OF THE COMMITTEE; ]0 PROVIDING THAT AFFORDABLE HOUSING IS TO BE J 1 ! DEFINED IN ACCORDANCE WITH THE ADOPTED 12 LOCAL COMPREHENSIVE PLAN; PROVIDING THAT 13 THE COMMITTEE SHALL ACT IN ACCORDANCE WITH 14 SECTION 420.9076, FLORIDA STATUTES AND SHALL 15 REVIEW ESTABLISHED POLICIES AND PROCEDURES, 16 ORDINANCES, LAND DEVELOPMENT REGULATIONS, J7 AND THE COMPREHENSIVE PLAN, AND SHALL \8 RECOMMEND SPECIFICINITIA TIVES TO ENCOURAGE ]9 OR F ACILIT A TE AFFORDABLE HOUSING WHILE 20 PROTECTING THE ABILITIY OF PROPERTY TO ! 2J APPRECIATE IN VALVE; AND PROVIDING AN 22 EFFECTIVE DATE. 23 24 25 26 WHEREAS, the State Housing lnitiative Partnership Act ("Act") provides for the 27 establishment of local housing assistance programs; and 28 WHEREAS, pursuant to the Act, the City Commission of the City of Boynton Beach, 29 Florida ("City") has established a local housing assistance program ("Program") and formed an 30 affordable housing advisory committee through the enactment of Ordinance 97-11, and any 3 I amendments thereto; and 32 WHEREAS, pursuant to Section 420.9076, Florida Statutes, the City is required to 33 appoint an affordable housing advisory committee to perform the functions and duties outlined in 34 said section; 35 WHEREAS, Section 420.9076, Florida Statutes and Ordinance 97-11 sets forth the 36 functions and duties of the affordable housing advisory committee; and S:ICAIRESOlAffordable Housing Advisory CommIttee doc - I - I \\THEREAS. the Cil:' Commission deems it 10 De m th~ res' mterest.' tn:~.nl/.en~ an - residents of the City or Boynton Beach to appoint members to the affordable housint: adnso' - committee. 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE .:; CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereb\ 7 ratified and confirmed by the City Commi ssion. 8 Section 2. The City Commissi on of the City of Boynton Beach, Florida, pursuant te 9 the requirements set forth in Section 420.9076, Florida Statutes does hereby appoint the 10 following eleven (11) members to the affordable housing advisory comminee: ] 1 12 (a) A citizen actively engaged in residential home building - 13 14 (b) A citizen activelY engaged in banking/mortgage industry - Francis Frances 15 16 (CI A citizen that is representative of those areas of labor actively engaged ifJ 17 affordable home building - 18 19 Cd) A citizen actively engaged as advocate for low-income persons .- Sherry 20 Johnson 2J 22 (e) A citizen actively engaged as a for-profit provider of affordable housing -- Jeffre~' 23 Wooster 24 ~5 (f) A citizen actively engaged as a not-for-profit provider of affordable housing - 26 ~argaretJohnson :7 28 (g) A citizen actively engaged as a real estate professional- Jeanne Heavlin 29 30 (h) A citizen actively serving on the local planning agency - Shirley Jaskiewicz 31 3:2 (il A City Commissioner - :.;:; 34 i. (j) A citizen who represents employers within the City of Boynton Beach - 35 36 (k) A citizen who represents essential services personnel - Angela Girtman i S:\CA\RESO\Affordable Housmg Advlso!!' Commlttee.ooc ~ - 1 ') "- 3 4 Section 3. The members of the affordable housing advisory committee shall be 5 appointed or removed by a majority vote of the City Commission. 6 Section 4. Affordable housing in the City of Boynton Beach is to be defined in 7 accordance with the adopted local comprehensive plan. S Section 5. The advisory committee shall meet triennially and shall act in accordance 9 with Section 420.9076, Florida Statutes and shall review the established policies and procedures, 10 ordinances, land development regulations, and the City's adopted comprehensive plan and shall 1 I recommend specific actions or initiatives to encourage or facilitate affordable housing while 12 protecting the ability of the property to appreciate in value. The recommendations may include 13 the modification or repeal of existing policies, procedures, ordinances, regulations, or plan ]4 provisions; the creation of exceptions applicable to affordable housing; or the adoption of new ]5 policies, procedures, regulations, ordinances, or plan provisions, including recommendations to 16 amend the comprehensive plan and corresponding regulations, ordinances and other policies. At ]7 a minimum, the advisory committee shall submit a report to the City Commission that includes 18 recommendations on and triennially thereafter evaluates the implementation of, affordable 19 housing incentives. 20 Section 6. That this Resolution will become effective immediately upon passage. 2l S:\CA\RESOlAffordable Housmg AdvISOry Commlttee.doc - 3 - 1:l. PASSED AND ADOPTED this , 7 day of June. 2008- -, _. : CrT\' OF BO~TON BEACH. FLORID.'" 4 .:; 6 - 8 9 10 I] ~'""'l 13 6 14 15 __ "CO'V Woodr " "0'lay ]6 ..., - 7: . ~~~ 1 ! 18 ATTEST: Commissioner - Mar'lene Ross 19 20 . ")' ..I 22 .,~ \ _J i 24 i , ~.5 ' , 26 I I ""'l: _. 28 I \ ! i I , , ! S :\CA \RESO\Affordable Housmg Advisory Committee. do: _ L: _ ~ -, '-/, ,', ,:; -.;":!, ,- " -".: ..~ NO 3"'~2 . ':. :"," .; ..~ ','" - - " ." ',., " - '." -,"- _ :~:'~ _.." , :~,:' L~: -';1';<' .:' _. . ~ ;'___:~ ~". ~ },F..' . , . ".,,~,,!i,,;;,:{ -. ......" Community Improvement Division - i Affordable Housing Advisory 'Committee (AHAC) ,Notice of ':P,ublic . Meeting The City Of. Boynton Beach's Community ,Improvement Division will be' sponsoring a wiublic meeting to discuss the:J~HAC draft :r~port and to solicit: publicinput.}1fr\embers of the public arei,~v~tedto attenCil~e public meeting; and provide tOTal or writt~n commentsol),~'~ffue matter. A;cCi>.pyofthe report containing ffie;AHAC'sjrecC)mmendation1Mlt:,~eavailctllleiifor public review in,~'e office rdf';the Community ,;I~prove~f:'Divis'ondl;~lbeaddress below, otwell as o\i.ailable'}t~t 'the meefimg. Wf,iHeFl comments'imust -be submitted ., , Jg:.CityOf Boynton ;$each, l00E Boyfit~Beoch BlvcL. :Boynton Bea.ch,) , 'filorido 33435,' Attn: CommuniW'lmprovem~mt Division,-:'Glctovia . S. Sherrod,; j Community Improvement Manager. ..' , The meeting is to be held: 'J , . , ':P~ace: . CitY,Commission Chambers ; -'~ lODE. Boynton Beach BOlJlevord ~, ;~ Boynton :Beach,Florida 33435 'Time: 6:30 'p;,m. . . i Date: 'Monday, DecemberS, 2008 ., IN ACCORDANCE WITH THE PROVISIONS OF THE ADA, THIS AD CAN BE REQUESTED IN ,; ~ ALTERNATED FORMAT. AUXIUARY AIDS OR SERVICES WILL BE PROVIDED UPON REQUEST WITH AT'; :' LEAST THREE DAY NOTICt (CONTAO C!D AT [561 ] 7 42~6066). .' 'i "ljJf'Sft ,"'I"h 'H";>S'.';~:' ., \. ;!r ;,~'. g, ',: '..Pan1i\'eac ;,~Lest.\"mmill"'''. (;B" .' ;er~ 2008 }..,. <.. .~. ....,~.' ' '::<.' <' :::Di;i'.::;';;~{;"> Jt::':C;':~:~',. ." ; ,c;~;:t~,.1 . ", ;. ~ .,': "'.;:> ',. . -, ~ !{,:-\,: ~G:'j'..;(.':'~';';;:. . ,_._ VI.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office X December 16,2008 December 1,2008 (Noon) 0 February 17,2009 February 2, 2009 (Noon) o January 6,2009 December 15,2008 (Noon) 0 March 3, 2009 February 17,2009 (Noon) o January 20, 2009 January 5, 2009 (Noon) 0 March 17,2009 March 2, 2009 (Noon) ~ ~~ .....~2 o -<' o February 3, 2009 January 19,2009 (Noon) 0 April 7, 2009 March 16,2009 (Noon) ~ 0' I ;;~ CO ;III -< o Announcements/Presentations 0 City Manager's Report :r:a ~'3 ::x 0) NATURE OF 0 Administrative 0 New Business ClO ~::z: AGENDA ITEM X Consent Agenda 0 Legal .:: iaI o Code Compliance & Legal Settlements 0 Unfinished Business C" o Public Hearing 0 RECOMMENDATION: Approve the First Amendment to the Interlocal Agreement (ILA) between the City of Boynton Beach and South Central Regional Wastewater Treatment and Disposal Board (Board) entered into on November 3, 2004. The First Amendment modifies Article 2 - Scope of Services by adding paragraph 2.11, which permits the City to collect a specified amount for benefit consulting fees. The First Amendment to the Interlocal Agreement approved by the Board is attached as Exhibit #1. EXPLANATION: The November 3, 2004, ILA provided the Board with the ability to utilize existing City agreements for medical and other insurance providers, thereby allowing Board employees to participate in the same as coverage and programs available to City employees. On October 1, 2008, the City Commission approved the use of a new benefit consulting firm, Willis of Tennessee, Inc., d/b/a Willis of Florida (Willis). Willis is paid $96,000 annually; the previous benefit consultants received commission from the insurance premiums. This First Amendment permits the City of Boynton Beach to collect a prorated portion of the $96,000 annual Willis fee, or eight dollars and twenty cents ($8.20) per employee per month for each Board employee enrolled in the City's insurance plans. PROGRAM IMPACT: The purpose of this First Amendment to the agreement is to permit a prorated portion of the Willis benefit consulting fee to be collected by the City of Boynton Beach, commencing with the fiscal year October 1,2008. FISCAL IMPACT: The collection ofa prorated portion of the benefit consulting fee will pay a portion of the annual benefit consulting fee and will go into the General Fund. The Board currently employs twenty (20) employees, if approved their prorated share of the Consulting fee will be approximately $2,000 annually. ALTERNATIVES: Do not approve the First Amendment to the agreement to permit the collection of a prorated portion of the benefit consulting fee and the City will be required to fund the Willis consulting fees for the Board. C:\Documents and Settings\CoyleM\Local Settings\Temporary Internet Files\OLK58\ILA First Amendment SCRWWTDB Agenda Item Dec 162008 (3).doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM " ! \/~ / tG. .~ ui~ J ~ _ ___ Cit:- Manager's Signature ! ~~~ Assistant 1(1 Cit:- Manager Human Resources ~ .._~~ ~'>~- -_.,---_...._~ Department Name Clly Attornc:- Finance " ,HR\i\genda Items'Agenda Itcnb 2(HIXIILA First Amendmcnt "l'R\V\,"1 &DB '\genda Itcm lice 1(, 2(\(15 dill' , . r 1 i 1 RESOLUTION R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF A FIRST 5 AMENDMENT TO INTERLOCAL AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH AND THE 7 SOUTH CENTRAL REGIONAL W ASTEW A TER 8 TREATMENT AND DISPOSAL BOARD ALLOWING 9 THE CITY TO COLLECT A SPECIFIED AMOUNT FOR 10 BENEFIT CONSULTING FEES; AND PROVIDING AN , 11 EFFECTIVE DATE. I 12 13 WHEREAS, on November 3, 2004 the City of Boynton Beach and South 14 Central Regional Wastewater Treatment and Disposal Board entered into an 15 Interlocal Agreement allowing the Board to utilize existing City agreements for 16 medical and other insurance providers, thereby allowing Board employees to 17 participate in the same coverage and programs available to City employees; and 18 WHEREAS, on October 1, 2008 the City Commission approved the use of 19 a new benefit consulting firm, Willis of Tennessee, Inc., d/b/a Willis of Florida 20 which the City pays $96,000 annually; and; 21 WHEREAS, this amendment permits the City of Boynton Beach to collect 22 a portion of the annual fee paid to Willis of Florida from the South Central 23 Regional Wastewater Treatment and Disposal Board; and 24 WHEREAS, staff has reviewed and recommends acceptance of the First 25 Amendment to Interlocal Agreement, a copy of which is attached hereto and made 26 a part hereof as Exhibit "A". 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 28 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: :\CA\RESO\Agreements\lnterlocals\lLA - SCRWWTDB benefits(1st amendment).doc 1 Section I. The foregoing "\Vhereas' clauses are herel,\ ratijicd ;.lnd 2 , confirmed as being true and correct and are hereby made a specific part l)j this 3 Resolution upon adoption hereof. 4 Section 2. The City Commission does hereby authorize the execution 5 of this First Amendment to lnterlocal Agreement between the City of Boynton 6 Beach and the South Central Regional Waste Water Treatment & Disposal Board. 7 a copy of which is attached hereto and made a part hereof as Exhibit "A ". 8 Section 3. That this Resolution shall become effective immediatel\' 9 upon passage. 10 PASSED AND ADOPTED this --~_._._- day of December, 2008. 11 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 ---. ~--------_.__.._--_._------ 15 I Mayor -. Jerry Taylor 16 17 I ~- . 18 Vice Mayor - Jose Rodriguez 19 20 21 I Commissioner - Ronald Weiland 22 23 I ~-----..._-~._._------..--~-_...__._--_._._-- 24 II Commissioner ~ Woodrow I. Hay 25 II 26 II 27 Commissioner -- Marlene Ross 28 II 29 II ATTEST: 30 I! , I 31 Ii 32 II Janet M. Prainito, CMC 33 City Clerk ! I 34 II I' 35 II I' 36 I ( Corporate Seal) I 37 I Ii i I I ~.\CA\RESO\AgreementS\lnterloCaIS\ILA - SCRWWTDB benefits(1st amendment) doc II I! ! " EXHIBIT / R04-191 FIRST AMENDMENT TO INTERLOCAL AGREEMENT This First Amendment to Interlocal Agreement, is made and entered into this _ day of 2008, by and between the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "City," and SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, an entity created pursuant to Section 163.01, Florida Statutes, hereinafter referred to as "the Board" or "Board." WITNESSETH: WHEREAS, this First Amendment is entered into pursuant to ~163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, the Board and the City entered into an Interlocal Agreement dated November 3, 2004 (the "Interlocal Agreement"); and WHEREAS, pursuant to the Interlocal Agreement the City has heretofore provided the Board with the ability to utilize existing City agreements with providers of health and other insurance, thereby allowing Board employees to participate in health and other insurance plans under the same coverages and programs offered to City employees; and WHEREAS, the City has requested an amendment to the Interlocal Agreement due to the fact that benefit consulting services fees will no longer be included as part of the premium rates; and WHEREAS, the benefit consulting services fees will be paid separately on a per employee basis; and WHEREAS, City and the Board agree to amend the Interlocal Agreement as hereinafter set forth. NOWTHEREFORE, in consideration of the terms and provisions hereof and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties it is agreed as follows: 1. ARTICLE 2-SCOPE OF SERVICES is hereby amended by adding the following Paragraph 2.11 : 2.11 On a monthly basis, in arrears, South Central Regional Wastewater Treatment and Disposal Board shall pay the City a charge for the benefit consulting services of Willis of Tennessee, Inc., d/b/a Willis of Florida equal to eight dollars and twenty cents ($8.20) for each South Central Regional Wastewater Treatment and Disposal Board employee enrolled in the City's medical plan (which does not mean or include the City's vision, dental, life insurance or other plans, since there are no benefit consulting service fees payable by the Board as to these other plans). If the benefit consulting charge is offset by any commissions received for any group policies issued; an adjustment to the amount paid by South Central Regional Wastewater Treatment and 1 Disposal Board will be refunded by the City of Boynton Beach within sixty 60) days from the end of the fiscal year 2. The above amendment shall be effective commencing with the fiscal year October' 2008 and the first payment due from the Board to the City shall be due November" 2008. 3. In all other respects, the parties ratify and confirm the Interlocal Agreement dated November 3, 2004. IN WITNESS WHEREOF, the parties have set their hands and seals this ) l(i" day of _ teFft. lJr ' ' v- ,2008. ._..-~ ATTE~ By: . 2.C~ Dennis L. Coates Approved as to FO~ ;{ /T0,; ~fl~ Roger G. Saberson, Board Attorney CITY OF BOYNTON BEACH By: Print Name: City Clerk CITY SEAL Approved as to Form: Office of the City Attorney F\dacslBaardlAGREEMENTSIFirst Amendment to Interlacaf Agreement (Health) 10-24-2008.rtf Page 2 of 2 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.5 AGENDA ITEM REQUEST FOm. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [gI December 16, 2008 December I, 2008 (Noon) D February 17,2009 February 2, 2009 (Noon) o January 6, 2009 December 15,2008 (Noon) D March 3, 2009 February 17, 2009 (Noon) D January 20, 2009 January 5, 2009 (Noon) D March 17,2009 March 2, 2009 (Noon) 0 2 O~ CX) ...., ~ ...."" o February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16, 2009 (Noon~ -<O~ n""'" c:: r- till N rrlO C ;Q-< D Announcements/Presentations D City Manager's Report :;J:::;,e "'tJ tJi-l NATURE OF D Administrative D New Business :x QJ 0% AGENDA ITEM [gI D - I Consent Agenda Legal .. 0 D Code Compliance & Legal Settlements D Unfmished Business ... '::I: D Public Hearing D RECOMMENDATION: Motion to approve and authorize the Mayor to sign, via resolution, an Interlocal Agreement (ILA) with the City of Lake Worth and Hypoluxo Shoppes, Inc., regarding the provision of sewer service to parcels of land outside of the City of Boynton Beach Utilities Service Area. EXPLANATION: The parcels of land, identified on Exhibit "A" of the ILA and the location map (attached) are owned by Hypoluxo Shoppes, Inc, and reside within the City of Lake Worth's utility service area. Lake Worth owns and maintains a potable water distribution system in that area, but does not have any sewer transmission facilities within a reasonable distance of the subject parcels. The City of Boynton Beach utility service area lies to the south side of the parcels along Hypoluxo Road, and does have sewer facilities in that vicinity. The proposed development of the Hypoluxo Shoppes property requires sewer transmission facilities, and the City is willing to provide provisional service to the site until such time as the City of Lake Worth constructs its own sewer system in the vicinity. The developer of the parcel will be required to design, obtain permits, and install the required sewer transmission system from the site to a point of connection with the City of Boynton Beach's sewer system. Boynton Beach will subsequently own and maintain those portions within the Hypoluxo Road right-of-way. Hypoluxo Shoppes, Inc. or any subsequent owners of the property will own and maintain anyon-site facilities, including all lift stations, required to facilitate the transmission of sewage. PROGRAM IMPACT: Servicing this additional area will require the City staff to obtain meter readings from the City of Lake Worth and manually enter those into the billing system. Otherwise, standard procedures will apply. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . I I RESOLUTION NO. R08- --, - 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 BOYNTON BEACH, FLORIDA, APPROVING AND 6 AUTHORIZING THE MAYOR TO EXECUTE AN 7 AGREEMENT BETWEEN THE CITY OF BOYNTON I 8 I BEACH, THE CITY OF LAKE WORTH AND 9 HYPOLUXO SHOPPES, INC., REGARDING THE ]0 PROVISION OF SEWER SERVICE TO PARCELS OF ] ] LAND PUTSIDE OF THE CITY OF BOYNTON BEACH ]2 UTILITIES SERVICE AREA; AND PROVIDING AN 1 ' EFFECTIVE DATE. -' 14 ]5 ]6 WHEREAS, property owned by Hypoluxo Shoppes, Inc.. is located within the City of 17 Lake Worth's utility service area; and ] 8 WHEREAS, the City of Lake Worth owns and maintains a potable water distribution 19 system in that area, but does not have any sewer transmission facilities within a reasonable 20 distance of the subject property; and ! 2] WHEREAS, the proposed development of the Hypoluxo Shoppes property requires 22 sewer transmission facilities and the City of Boynton beach is willing to provide provisional 23 service to this site until such time as the City of Lake Worth Constructs its own sewer system 24 ion the vicinity; and 25 WHEREAS, the City Commission of the City of Boynton Beach. upon 26 recommendation of stat!. deems it to be in the best interests of tbe residents and citizens of the 27 City of Boynton Beach to approve the Agreement between the City of Boynton Beach, the 28 City of Lake Worth and Hypoluxo Shoppes. Inc. 29 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: s Ie ^\RFSOV..grecmentSllntcrlocal~IL^ with Lake W"rth Illvpoluxo <;hoppes I doc I I! II I i 1 Section 1. Each Whereas clause set forth above is true and correct and 2 incorporated herein by this reference. 3 Section 2. The City Commission of the City of Boynton Beach, Florida does 4 hereby approve and authorize the Mayor to execute an Agreement between the City of 5 Boynton Beach, the City of Lake Worth and Hypoluxo Shoppes, Inc., for the provision of 6 sewer service to parcels of land outside the City of Boynton Beach utilities service area, a 7 copy of said Agreement is attached hereto as Exhibit "A". 8 Section 3. That this Resolution shall become effective immediately upon passage. 9 PASSED AND ADOPTED this _ day of December, 2008. 10 CITY OF BOYNTON BEACH, FLORIDA II 12 13 14 Mayor - Jerry Taylor 15 16 17 Vice Mayor - Jose Rodriguez 18 19 20 Commissioner - Ronald Weiland 21 22 23 Commissioner - Woodrow L. Hay 24 25 26 Commissioner - Marlene Ross 27 ATTEST: 28 29 30 31 Janet M. Prainito, CMC 32 City Clerk 33 34 (Corporate Seal) 35 \CA\RESO\Agreements\InterlocalSILA with Lake Worth (Hypoluxo Shoppes).doc AGREEMENT THIS AGREEMENT is made on this day of __________, 2008 between the CITY OF BOYNTON BEACH, a Florida municipal corporation located ill Palm Beach County, Florida, hereinafter referred to as "Boynton Beach," the CITY OF LAKE WORTH, a Florida municipal corporation located in Palm Beach County, Florida, hereinafter referred to as "Lake Worth" and HYPOLUXO SHOPPES, INC., a Florida Corporation whose post-office address IS 15030 Coconut A venue, Miami Lakes, FL 33016, hereinafter referred to as "Shoppes". WHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterlocal Cooperation Act of 1969," authorizes local governments and public agencies to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, Section 171.203, Florida Statutes, authorizes the: governing bodies of municipalities to enter into interlocal Service Boundary Agreements concerning wastewater! service delivery and treatment; and WHEREAS, Shoppes owns certain property, as described in Exhibit "A" attached hereto and incorporated herein, located within Wlincorporated Palm Beach County and is presently engaged in plan review and subsequently plans to develop and improve said property; hereinafter referred to as the "Properties". WHEREAS, the two parcels of property owned by Shoppes are located within the Lake Worth utility service area but Lake Worth does not currently have sanitary sewer lines in the vicinity of either property; and WHEREAS, Shoppes has requested permission from Lake Worth to obtain provisional sewer service from Boynton Beach's sanitary sewer facilities; WHEREAS, the two parcels of property are outside Boynton Beach's utility service area but Boynton Beach does maintain sanitary sewer lines in the vicinity of the properties which can be extended to allow both properties to connect to Boynton Beach's sanitary sewer system; and WHEREAS, Boynton Beach, Lake Worth, and Shoppes have agreed to enter into this Agreement which will allow Boynton Beach to temporarily extend sanitary sewer lines to the two properties located in Lake Worth's utility service area, subject to the terms of this Agreement; and WHEREAS, Such provisional hook-up shall continue only until such time as Lake Worth provides for the installation of its sewer facilities adjacent to the two properties and available for hook-up, at which time Shoppes shall disconnect from Boynton Beach's facilities and connect to Lake Worth's faciiities within 90 days of notification by Lake Worth of the availability of its facilities. I The term sanitary sewer system is synonymous with wastewater treatment system. Page 1 of 6 WHEREAS, Shoppes has agreed to pay the cost of extensions and improvements, as shown in Exhibit "B", attached hereto and incorporated herein, to Boynton Beach's sanitary sewer system to service its respective properties and to pay connection and service charges as provided by Boynton Beach Code or regulation. WHEREAS, Shoppes shall contract oo~y with Lake Worth for all potable water service. NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: 1. The foregoing whereas clauses are true and correct and represent material provisions of this Agreement. 2. Lake Worth agrees that Boynton Beach shall provide sanitary sewer lines and service to the real property described in Exhibit "A". 3. Boynton Beach agrees to maintain sanitary sewer lines to The Properties. 4. Boynton Beach agrees to provide treatment of wastewater discharged from The Properties. 5. The cost to Shoppes for increasing the capacity of Boynton Beach's sewer transmission system, so as to accommodate the additional flow from Shoppes, shall not exceed $10,000, due and payable at the time of permitting plan submittal to the City. All other costs associated with extending the sewer system to Shoppes' respective properties shall be borne by Shoppes. 6. Shoppes agrees to pay all connection charges imposed by Boynton Beach as set forth in Chapter 26 of the Boynton Beach Code of Ordinances. Following connection to the Boynton Beach sanitary sewer system, end users shall pay commercial waste water rates for properties outside the City of Boynton Beach, include the applicable surcharge for service outside Boynton Beach's jurisdictional boundaries. 7. In addition to other provisions contained herein, this Agreement constitutes an Interlocal Agreement between the City of Boynton Beach and the City of Lake Worth for cooperation and service boundaries for wastewater treatment entered into pursuant to The Florida Interlocal Cooperation Act of 1969 and Section 171.203, Florida Statutes. 8. Such provisional hook-up shall continue only until such ldme as Lake Worth has provided for the installation and makes available its own sanitary sewer lines to this location, at which time Shoppes shall disconnect from Boynton Beach's sewer facilities and connect to Lake Worth's sewer facilities. 9. Upon disconnection from Boynton Beach's sewer facilities and connection to Lake Worth's sewer facilities, Shoppes shall pay all outstanding charges due to Boynton Beach and convey, without further consideration, by absolute Bill of Sale, whatever portion of said Page 2 of 6 facilities Lake Worth desires to have at that time, together with necessary easements tor repmr and maintenance, and shall further pay to Lake Worth the regular sanitary sewer service charge~ imposed by Lake Worth, as same may be changed or modified from time to time. 10. Nothing herein is intended to advance or support any annexation effort by either Boynton Beach or Lake Worth with respect to The Properties. 11. Lake Worth agrees to provide to Boynton Beach the water meter readings representing water usage by The Properties within three (3) business days of reading the meter, on a monthly basis. Boynton Beach will utilize the potable water consumption as a basis for wastewater billing. 12. Boynton Beach shall make no attempt to expand its sewer service area(s) by virtue of said provisional connection, nor make any claim of right adverse to that of Lake Worth by virtue of said provisional hook-up. 13. Shoppes shall not sell, lease or give any right or privilege to utilize its sanitary sewer facilities to any other person whose property is outside that described herein nor allow any such connection, without the written agreement of Lake Worth and Boynton Beach. 14. This agreement shall take effect upon execution by all parties. 15. In the event a court of competent jurisdiction hereof holds any section, paragraph, sentence, clause, or provision to be invalid, such holding shall not affect the remaining portions of this Agreement, and the same shall remain in full force and effect. 16. This Agreement represents the entire understanding between the parties, concerning the subject, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. ATTEST: CITY OF LAKE WORTH, a Florida Municipal Corporation By: By: __ ."----~-_.- Pamela Lopez Jeff Clemens, Mayor City Clerk Page 3 of 6 APPROVED AS TO FORM AND LEGAL SUFFICIENCY Larry A. Karns City Attorney CITY OF BOYNTON BEACH, a Florida Municipal Corporation ATTEST: Jerry Taylor, Mayor Janet M. Prainito, CMC City Clerk (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY James A. Cherof City Attorney HYPOLUXO SHOPPES, INC. By: Witness Bernardo Maribona President Witness Page 4 of 6 Exhibit .. A" Shoppes owns the following described real property in unincorporated Palm Beach County: PCN Number: 00-43-45-04-00-000-7380, S 1/2 OF SW 1/4 OF SW 1/4 OF SW 1/4 L YG E OF HIGH RIDGE RD & N OF HYPOLUXO RD (LESS E 100 FT OF S 200; and PCN Number: 00-43-45-04-00-000-7440, E 100 IT OF S 200 FT OF S 1/2 OF SW 1/4 OF SW 1/4 OF SW 1/4 L YG N OF RIW OF HYPOLUXO RD (LESS 1-95 R/W); and Page 5 of 6 Exhibit "B" Description of Improvements and Extensions . Private on-site lift station . Private on-site force main . Force main in public right of way, crossing Hypoluxo Road . Connection to City's sewer system at manhole . Any roadway or surface restoration . Engineering, permitting, testing, etc. required for the above work Page 6 of 6 f ..... .; : C"') ,. ~~ .', :.~.~: / ...... j . ... ' .r /1 4i:i ~~ . <. , '...::i:jjjJ ........ -:it" ,. ." /""~-:;:{1 . 1)1,.. . ~~ ,. iJ-' ~"'.4 ~, '. ~" '*;~.~I> s.... CO a.. . t) C - ... en (]) a. a. 0 ..c CJ) 0 >< :::J - 0 a. ~ .,... -L. VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.6 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office X December] 6, 2008 December I, 2008 (Noon) D February 17,2009 February 2, 2009 (Noon) D January 6, 2009 December] 5,2008 (Noon) D March 3, 2009 February] 7,2009 (Noon) D January 20, 2009 January 5, 2009 (Noon) D March 17.2009 March 2,2009 (Noon) D February 3,2009 January ]9,2009 (Noon) D April 7,2009 March ]6,2009 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM x Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business 0 Public Hearing D RECOMMENDATION: Motion to adopt a Resolution assessing the costs of abatement of certain nuisances against the owners of the properties involved. EXPLANATION: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 3D-day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 3D-day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedures, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. PROGRAM IMPACT: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. FISCAL IMPACT: Liens are not considered revenue until collected. ALTERNATIVES: The alternative would be to not place liens on the prop ies and not collect for the service provided . c:~ CdL ~ . it-dt.A:_LJ. __ . / Depart . v~ City Manager's Signature t/ ~ Assistant to City Manager City Clerk Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I 1 RESOLUTION NO. 08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA ASSESSING THE COSTS OF 5 ABA TEMENT OF CERT AIN NUISANCES 6 AGAINST THE OWNERS OF THE PROPERTIES 7 INVOL VED; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 11 12 WHEREAS, in August, 2008, a contract vendor was requested by Code Compliance 13 to mow the lots of the properties described in Exhibit '"A": and 14 15 WHEREAS, the owners of the parcel(s) of property hereinafter described were 16 invoiced by the Finance Department on two occasions in an etlort to recoup these costs with 17 no response; and 18 19 WHEREAS, said nuisance was not abated as required: and. 20 21 WHEREAS, on October 16, 2008, all of the property owners listed in the attached 22 Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to 23 avoid incurring a lien on their property; and 24 25 WHEREAS, the City Manager or his authorized representative has made a report of 26 costs actually incurred by the City and abatement of said nuisance as to the property(s) 27 involved, which is described in Exhibit "A" attached to this Resolution: and 28 29 WHEREAS, upon passage of this Resolution, the property owners will be furnished 30 with a copy of this Resolution, and given one more opportunity to remit all costs associated 31 with the abatement in full within 30 days of the passage of the Resolution. before transmittal 32 to the County for recordation of Liens; and 33 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 36 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 37 38 Section 1: Each Whereas clause set forth above is true and correct and 39 incorporated herein by this reference. 40 41 Section 2: The amount of costs incurred by the City and the abatement of the 42 labove-described nuisance as to the parcels ofland, owned and indicated to wit: 43 44 45 SEE A TT ACHED COMPOSITE EXHIBIT '"A" 46 1/ ! IS:ICAIRESO\LegiSlative Actions\Nuisance Abatement Liens 120408 doc J . ! 1 (Charges cover Invoices dated August, 2008) 2 Subject amount is hereby assessed as liens against said parcels of land as 3 indicated, plus an additional administrative charge of $30.00 for each Lien. 4 Liens shall be of equal dignity with the taxes there from for the year 2008, and 5 shall be enforced and collected in like manner pursuant to applicable 6 provisions of law. In the event collection proceedings are necessary, the 7 property owner shall pay all costs of the proceedings, including reasonable 8 attorneys fees. 9 10 Section 3. This Resolution shall become effective immediately upon passage. 11 12 PASSED AND ADOPTED this _ day of December, 2008. 13 14 CITY OF BOYNTON BEACH, FLORIDA 15 16 17 Mayor - Jerry Taylor 18 19 20 Vice Mayor - Jose Rodriguez 21 22 23 Commissioner - Ronald Weiland 24 25 26 Commissioner - Woodrow L. Hay 27 ATTEST: 28 29 Commissioner - Marlene Ross 30 31 Janet M. Prainito, CMC 32 City Clerk 33 34 35 36 {Corporate Seal} S:\CA\RESO\Legislative Actions\Nuisance Abatement Liens 120408.doc '...llt:,'j\dd[( , iltY"tateZltJ llwoice II eEBiI peNt! i ~)dlutl~tiufl !:uf;,l.-]t'~ [Joll;Hc, ,-J , (141 NW S'" cd BOYNTON BEAe. 22850 08-2160 0843452 U ' ~11, Andl ev,' ()'\ lOb.ll ' 33435 20030050 I i [ '/'I'III.f if) J06 NE J"' AVI BOYNTON BEACH fL 22851 08-228G 084345220 M~ H .'(\h II'~ 33435 30020100 fellt'1 hellll ",".': If Illl NE Ilw;r '.; BOYNTON BEACI! Fl 27857 08-19'1fJ 084345211 f'.lr Rnwd,H i 1 ~lH) ()() 33435 60000210 11{[E~1UN r l.727 E IMPERIAl HWY ------- .-- BREA CA 92821 22849 08- 2152 084346040 Gprltlerncrl 64 3lJ2.0iJ INVFSTMFNI p., 60050110 WAN MJlliilI;V'..I. i AI 6''11 NW 51 BOYNTON BEACH FL 22860 08-2400 084345212 Mr. Anoww'. 52 I )06 [I j 33435 20030050 I 180Y-NTON 8EACHh I 22861 _..~ __n_ _ j f I)} i) rJi'J 706 Nt: AVb 08-2401 084345220 Ms. <;> ' 2U6 (}) 33435 I 30020100 feder henfl ---- . ( \ ,VJ\'\\! 'd HOW1NG N~SEs'~r<FNTS\Pf~()Cr~S::. l, Trp~) \yP;i[ 2(J()B\ 1I1i( d Sd of N( ltWi"S fl\l 20U8 l)?ltrt Ust.r1Il( VI.-CONSENT AGENDA ITEM C.7 \ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [gI December 16, 2008 December I, 2008 (Noon) D February 17,2009 D January 6, 2009 December 15, 2008 (Noon) D March 3, 2009 D January 20, 2009 January 5, 2009 (Noon) D March 17, 2009 D February 3, 2009 January 19,2009 (Noon) D April 7, 2009 Date Final Form Must be Turned in to City Clerk's Office February 2, 2009 (Noon) February 17, 2009 (Noon) March 2, 2009 (Noon) March 16,2009 (Noon) D AnnouncementslPresentations D City Manager's Report N NATURE OF D Administrative D New Business > AGENDA ITEM [gI Consent Agenda D Legal ::J: CD D Code Compliance & Legal Settlements D Unfinished Business .. en D Public Hearing D ~ RECOMMENDATIONS: o 0) C I"T1 (""') ("') O~ ::(-< -'<0 n"T1 r-w (T1.0 ;;'-< :::r.Z Vi~ o 0% " -".<<1 -iJ'Tl ~)> fT1'CD :r; Approve and authorize execution of Agreements and certifted by the City Clerk to designate the following banks as additional depository institutions for funds of the City of Boynton Beach: RBC Bank (USA), TD Bank, N.A., IstCommunity Bank of America, and CNLBank. (A copy of a Resolution and Agreement from RBC Bank is attached). Approve the following individuals as authorized representatives and signatories for all the City's banking institutions: . Jerry Taylor, Mayor . Kurt Bressner, City Manager . E. Barrett Atwood, Sr., Director of Financeffreasurer . Tim Howard, Deputy Directory of Financial Services . Anthony Davidson, Assistant to the Director of Financial Services EXPLANATION: The City of Boynton Beach is experiencing declining interest rates on its investments over the past year where current money market rates approximate 1.250/. with Bank of America and 0.200/. with Florida Municipal Investment Trust (Florida League of Cities). This rate has been rapidly declining in recent months from 4.8% a year ago. Given this current market, financial staff members in conjunction with our financial advisor solicited alternate authorized investments nnder the City's Inyestment Policy considering safety, liquidity, and yield in that order. Given the foregoing, we selected Certificates of Deposit with rates of 2.65% - 2.950/. for a "Iaddered" duration of six (6) to twenty-four (24) months with the above financial institutions. PROGRAM IMPACT: Interest earnings are a significant (albeit declining) source of revenue supporting programs of all funds of the City of Boynton Beach. FISCAL IMPACT: With the property tax monies received on December 15 and other money market funds liquidated, we will be investing approximately $50 million in CertifICates of Deposit at the rates noted above. At an approximate 1.50% increase (1.25% to 2.75%), this will have an approximate 5750,000 positive impact on investment earnings for all City funds rather than a further decline of investment earnings. AL TERNA TIVES: Do not make the investments in Certificates of Deposit; however, the rates in daily money market funds are projected to decline even further toward 0%. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC \ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM t~ fLoO~ Department Head's Signature ~ City Manager's Signature Assistant to City Manager ~ /~ City Attlmey / Finance Financial Services Department Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 AND AUTHORIZING EXECUTION OF AGREEMENTS 6 TO DESIGNA TE ADDITIONAL DEPSOITORY 7 INTSTITUATIONS FOR THE CITY OF BOYNTON 8 BEACH; AMENDING THE SIGNATURE RESOLUTION 9 FOR ALL CITY ACCOUNTS; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the City of Boynton Beach is experiencing declining interest rates on its 13 investments over the past year where current money market rates so the financial staff 14 members along with the City's Financial advisor solicited alternate authorized investments 15 under the City's Investment Policy considering safety, liquidity and yield, in that order; and 16 WHEREAS, RBC Bank (USA), TD Bank, N.A., 1st Community Bank of America and 17 CNLBank have Certificates of Deposit with rates of 2.65 - 2.05% for a "laddered" duration 18 of six (6) to twenty-four (24) months; and 19 WHEREAS, the City Commission of the City of Boynton Beach approved Resolution 20 No. R08-001, designating specified individuals as authorized signatories on City accounts at 21 Bank of America; and 22 WHEREAS, due to the hiring of Tim Howard, Deputy Director of Financial Services 23 and Anthony Davidson, Assistant to the Director of Financial Services, it is necessary to add 24 them as authorized signatories on all City accounts; and 25 WHEREAS, the City Commission of the City of Boynton Beach, hereby deems it to 26 be in the best interests of the citizens and residents of the City of Boynton Beach, to approve 27 and authorize the execution of Agreements and have them certified by the City Clerk to 28 designate RBC Bank (USA), TD Bank, N.A., I sl Community Bank of America and CNL Bank S:\CA\RESO\Agreements\Adding Despositories and Authorizing Signatories. doc 1 as additional depository institutions for funds for the City of Boynton Beach and to approve 2 Mayor Jerry Taylor, Kurt Bressner, City Manager, E. Barrett Atwood, Sr., Director of 3 Financial Services, Tim Howard, Assistant Director of Financial Services and Anthony 4 Davidson, Assistant to the Director of Financial Services as authorized representatives and 5 signatories for all the City's bank institutions. 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 7 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as I 9 being true and COlTect and are hereby made a specific part of this Resolution upon adoption 10 hereof. 11 Section 2. The City Commission of the City of Boynton Beach, hereby approves 12 and authorizes the execution of Agreements and have them certified by the City Clerk to 13 designate RBC Bank (USA), TD Bank, N .A., 1 st Community Bank of America and CNL Bank 14 as additional depository institutions for funds for the City of Boynton Beach 15 Section 3. Resolution No. R08-00 1, is hereby amended to provide that the 16 following individuals are designated as authorized signatories on all City accounts: 17 18 19 20 21 22 23 24 Mayor Jerry Taylor Kurt Bressner, City Manager E. Barrett Atwood, Sr., Director of Financial Services Tim Howard, Assistant Director of Financial Services Anthony Davidson, Assistant to the Director of Financial Services Section 4. This Resolution shall become effective immediately upon passage. :\CA\RESO\Agreements\Adding Desposilories and Authorizing Signatories. doc 1 PASSED AND ADOPTED this _ day of December, 2008. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 Janet M. Prainito, CMC 23 City Clerk 24 25 26 (Corporate Seal) 27 28 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross :\CA\RESO\Agreements\Adding Despositories and Authorizing Signatories.doc . RBe Bank'" Resolut;on And AgrtHIment For Deposit Account and Bank/Corporllte Service:; This Resolution and Agreement is submitted by City of BOYnton Beach (hereinafter referred to as the 'Customer") designating RBC Bank (USA) as a depository institution for the Customer. o If checked here, the Customer also operates under or is usually identified by a trade name, a.~ follows: The Customer is duly organized and operatcs as a; Public Funds BE IT HEREBY RESOLVED, AUTHORIZED AND AGREED THAT RBC Bank (USA) (hereinafter "Bank') be, and it hereby is, designated as a depository institution for the funds of the Customer. 1. FURTHER RESOLVED, that any and all types of deposit accounts, including without limitation checking, savings, time, certificate receipts and cenificates of deposit, and any other accounts may be opened in the Customer's name with the Bank in accordance with the applicable rules and regulations for such accounts. 2. FURTHER RESOL~f), that anyone of the persons named below in this paragraph 2 (hereinafter referred to as 'Authori7.ed Representatives') is HEREBY AUTHORIZED, on behalf of the Customer and in its name or trade name, if applicable, to sign checks, drafts, notes, bills of eltchange, acceptances, certificate receipts, certificates of deposi( or ocher orders for the payment of money relating to any account(s) in the Customer's name for which they have also signed the deposit agreement and/or signature card; to endorse checks, notes, bills, certificate receipts, certificates of deposit or other ill8truments owned or held by the Custom'lr for deposit with the Bank or for collection or diS(X)unt by the Bank relating to any accoum(s) in lhe Customer's name for which they have also signed the deposit agreement and/or signature card: to accept drafts, acceptances and othcr instruments payahle at the Bank; to place orders with the Bank for the purchase and sale of foreign currencies on behalf of the Customer ro deliver, cash, negotiate, obtain payment on or presem any check, note, bill, draft or other instrument made or drawn to or endorsed by the Customer, and to waive presentment, demand, protest, notice of protest or nOTice of dishonor of any check, note, bill, draft or other instrument made or drawn to or endorsed by the Customer; to initiate or cause the initiation of electronic fund transfers through any access device (e.g., debit card, credit card, code) issued by the Bank OT authorized by the Bank relating 10 any accoum(s) in the Customer's name for which they also signed (he deposit agreement and/or signature card. THIS SECTION MUST BE COMPLETED. (Please print or type.) Names of Authorized Representatives Title (lb.s. Authorized Represenlallv.s must also stgn a depol\l agreement and/or slpatUTe card,) 3. FURTHER RESOLVED, that Bank may payor honor any of the instruments described in paragraph 2 above cashed, drawn against or deposited to any account in the Customer's name or otherwise charged against the Customer by any or all individuals whomsoever, whether authorized or unauthorized, who shall make use of a sample or other facsimile signature or endorsement bearing the Customer's name or trade name, if applicable, and indicated on the signature card or below: Fac.~imile Signature Used By Customer 4. FURTHER RESOLVED, that, the Bank may cash checks, drafts or money orders payable to cash or to the Customer (irrespective of any special or restrictive endorsement thereon) when endorsed by an Authorized Representative in his or her individual capacity or representative capacity, and, further, that any AUthOri7.&! Representative may from time to time designate in writing 10 Bank any other officers, employees, agents or persons who are authorized to cash checks payable in or to initiate electronic fund transfers in the Customer's name or trade name, if applicable, which authorization, unless limited by its terms, shall remain in effect until a \!ifinen notice signed by any Aulhorized Representative is received by the Bank at the same office to which the original authorization was delivered. 5. FURTHER RESOLVED, that the Bank be, and it hereby is, aUlhori7.ed to honor, receive, certify or pay all instruments signed in accordance wilh the foregoing resolutions or electronic fund transfer initiated in accordance with the foregoing resolutions, even though dra\lln to cash, drawn or endorsed to the order of an Authori7.ed Representative signing the same, or tendered by him or her tor ca:;h, in payment of the individual obligation of such Authorized Representative or for deposit to his or her personal account, and the Bank shall not be required or be under any obligation to inquire as to the circumstances of the issuance or use of any instrument signed in accordance with the foregoing resolutions or electronic fund transfer initiated in accordance with the foregoing resolutions, or the application or disposition of such instrument or the proceeds of such instrument or electronic fund transfer. 6. FURTHER RESOLVED" that, any Authorized Representative is authorized to execute a Safe Deposit Agreement, the terms of which are hereby incorporated by reference, by and between the Customer and the Bank. 7. FURTHER RESOLVEO, that, any Authorized Represemative is aurhorized (0 execllle a Night Depository Agreemenr, the terms of which are hereby incorporated by reference, by and between the Customer and the Bank and is authorized to appoint agents to receive, open and process the contents of night depository bags and to revoke the appointment of such agents. CNftF.sot-E c2()('rm1) 8. ~THER RESOL.VE~, that, ~n connection with eJectro~ic fund transfers authorized in the foregoing resolutions, any Authonzed Representative IS 3uthonzed to execute an ElectrOnIC Funds Transfer Agreement, if required or otherwise requested by Bank,the terms of which a.."'e hereby incorporated by reference, by and between the Customer and the Bank and is authorized to designate "Authorized Age:lIS" thereunder on Authorization Forms supplied by the Bank. FURTHER RESOLVED, that in connection with electronic fund transfers, the Bank may from time to time (i) issue a debit card or other lICcesS device to any Authori7.ed Representative, such debit card or other access device to be in the name of the Customer and have printed thereon the name of the Authorized Representative, (ii) designate an Authorized Represelll3tive as the person authorized to access any funds, redeem any points or other rewards which may be earned and pooled under the Customer's name from time to time as a result of electronic fund transfers through use of debit cards and otber access devices issued by the Bank to Authorized Representatives, and (iii) undertake or refrain from undertaking any and all other acts or actions with respect to electronic fund transfers authorized under the resolutions as the Bank may deem necessary or appropriate. 9. f1JRTHER RESOLVED, that, any Authorized Representative is authorized to execute a Cash Management Agreement, Master Repurchase Agreemem, and Sweep Service Agreement, the terms of which agreement(s) is/are hereby incorporated by reference, by and between the Customer and the Bank. 10. FURTHER RESOLVED, that, any Authorized Representative, or such other persons as may be named by an Authorized ll.epresentative by wrinen notice to the Bank, are authorized to place verbal orders for the purchase of RBC Bank (USA) commercial paper, pursuant 10 the terms and conditions of the RBC Bank (USA) Unsecured Master Notes Terms set forth on each Confirmation, which terms are incorporated herein by reference, or purchase of Repurchase Agreements for the account of the Customer. Unless limited by its terms, the authorization of other persons to act under this paragraph 10 shall remain in effect until a written notice signed by any Authorized Representative is received by the Bank at the same office to which the original authorization was delivered, II. FURTHER RESOLVED, that, any Authorized Representative is authorized to execute the Bank's Indemnity Agreement or other agreement required by the Bank to induce Bank to replace a lost check, instrument Of security as described therein. 12. FURTHER RESOI.VED, that the Bank is authorized to obtain information from ChexSystems or any other party concerning the Customer's previous banking deposit relationships, and the Bank may provide information to such services concerning the Customer's accounts with the Bank. 13. FURTHER RF..sOLVED , thal, any Authorized Representative is authorized to execute a RBC Bank Online Money Management Enrollment Agreement or other agreement for the use of either Quicken- Microsoft Moneye or Quickbooks$ software, or for use of any other internet, web banking or other online service offered from time to time by the Bank, including, without limitation, online transfers, online bill payment and online account aggregation, Customer acknowledges that payments and transfers of funds may be made electronically through an online network to which personal computer(s) will be connected and that one or more access passwords andlor personal identification numbers (PINs) will be provided to or selected by an Authorized Representative in order to control access and provide security to Customer's accounts and to the netWork system. Further distribution and security of the access passwords and PINs will be the responsibility of that Authorized Representative. FURTHER RESOLVED, that Customer assumes all responsibility for security of software, access passwords and PINs and agrees [0 protect them from use by unauthorized persons, and that Customer agrees to indemnify and hold Bank barmless from any and all damages and costs and expenses, including without limitation reasonable attomey's fees, incurred or perceived to be incurred resulting from unauthorized internet, web banking or other online use of any of Cusromer' s accounts. 14. FURTHER RESOLVED, that this Resolution and Agreement, and each resolution herein, shall be continuing in natUre and is within the scope and powers provided in the Customer's governing documents (whether they be anicles of incorporation, by-laws, pannership agreement or other agreements or roles governing the Customer); that if any material change therein sball occur or if any change in ownership or organization of the Customer shall occur, or if there shall be a change in any of the Authorized Representatives named above, the Secretary or an Assistant Secretary (if the Customer is a corporation) or a manager or managing parmer, agent or representative (if the Customer is other than a corporation) shall immediately certify such changes to the Bank by submission of a new Resolution and Agreement and deposit agreement and/or signature card for any account{s) thereby affected; that the Bank shall be fully protected in relying on such certifications and shall be indemnified and saved harmless from any claims, demands, expenses, loss or damage, including without limitation reasonable attorney's fees, resulting from, or growing out of, honoring such certifications or refusing to honor any notice not properly certified; that receipt of such certification shall nOI affect any action taken by the Bank prior thereto in reliance on this Resolution and Agreement; and that in the event of any dispute pertaining to any account(s) of the Customer, the Bank's records shall govern. 15. FURTHER RESOLVED. that, if the Customer is a corporation, the Secretary or an Assistant Secretary be, and hereby is, authorized and directed to certify these resolutions to the Bank and further to certify that the provisions hereof are in conformity to the Customer's chatter and by. laws , FOR SOLE PROPRIETORS, UNINCORPORATED ASSOCIATIONS AND OTHER TYPES I hereby certify tbat I am the owner or a managing agent, representative or trustee of Ihe Customer named above in this Resolution and Agreement; that the above is a true copy of resolutions duly adopted by myself or the governing body of the Customer in accordance with procedures which have been duty adopted to govern the Customer; and that such resolutions are in full force and effect and have not been amended or rescinded. In witness whereof, I have hereunto set my hand and seal (on behalf of the Customer;f not an individual), this day of (SEAL) Title: VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D. AGENDA ITEM REQUEST FORh~ Requested City Commission Date Final Form Must be Turned in Requested City Commission Date Final Form Must be Turned in Meeting: Dates to City Clerk's Office Meeting: Dates to City Clerk's Office i:8J December 16. 2008 December 1,2008 (Noon) D February 17,2009 February 2, 2009 (Noon) D January 6, 2009 December 15, 2008 (Noon) D March 3, 2009 February 17,2009 (Noon) D January 20, 2009 January 5, 2009 (Noon) D March 17.2009 March 2, 2009 (Noon) D February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16.2009 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM t:gj Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to release the Performance Bond No. FS3866824 issued by Great American Insurance Company for Quantum Park and Village for the Right-Of-Way work on Gateway Blvd. EXPLANATION: This request represents the completion of all bonded work. Finance currently holds $75,075.00 Performance Bond. All covered work has been field reviewed and accepted. A letter for the request dated 11/20/08 is attached. PROGRAM IMP ACT: N/A FISCAL IMPACT: 001-0000-220-99-00 ALTERNATIVES: N/A ~Ql I' / /' ...... . i, I. f / I ' o. J)L., i -; I, "'" oi ,.,:H .,. t.,f.l "'fc, ! .i ,- " "'....~ . ~! ',,- , : I (j.. ;' () Department Head's Signature City Manager's Signature J CinL- Assistant to City Manager Public Works/Engineering Division Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CURRENT rERFORMIINCE BONDS: Origin:ll Rele~~M R!2'dur1inn !;:<mlr;mQ{ ~ Suretv DJrnvanv Bond Number Q~l~ Amount Et~_so. No. ~mount D::Ite 1950 CQ~AvenuejJ,!; ~,~~~v_t1.,J_C9O!1ttJ~!!tetsectl:Q!l..!!!rnrQYfll!~ntI Travelers CflJ~!h:tS.~~o' America 1041089<;1 07"9100 2.563,000 00 :2Sf3:,.300.00 Jf3f200B j~!l!;<>.m.~ AV""'!!>.U.Q Old BoYnton Road wklentntl from ~ '0 Bomen ~ft.W\-.IDYd..:- Travefers Ca!iumtv and Stft!tv co of Amertt:!!l~_ ~ 07119106 4,400.000_00 (Po{ ~'Jrc') 1 . 1950 Conaress A'!.~..lJ"c; ~.:LllOO! wid....... from lust W... of E-4 Conal 10 tJ!<lfLlWlIllioll!! Travefm CilSUBftv and' Surety Co of Amerk:a 104108~ 01119106 1.760.000 00 l~ress Av~J.l!; Slonal at 01<1 Bovnlon Bnd SoIne Road i_e'... D!>uB1tY Bnd S!!rn!Y..~ 191rQ~!!M 01(19106 363.000.00 1950 Cona~ Avenue-..hLC: Boynton Town CentedYl!t~ ~ Casuaftv and SurelY Co of America ~ 03/08101 113.19410 Hav@tland Blad<<nck C"p little l@ague Ban Park - Remo..,:tl of St Augustlne & lnst Bennuda Indemntty Imurance Company of North Am K05920219 0211(1(99 51.00900 HoyS1one Properties FI"Iidl!l.l.l..C. Monteverde at Renaissance CommOn! (Ph3Se 5) leJl;on In!!nJranc:e Company 1018405 09'25f06 11,774.00 rele~<;ro ll,lH{ll'J t:7">I}fln8 Hoystone Ptupertlt!!:5 F~)r1da, L.LC, Vlsfablena at Renal'!lsa~ Commons (Phase 4B) lexon Insurance Company 1018371 09125106 12,975.45 Insftufonn 1 echnologle$, loe Imdtufonn Unlng Process and la1erals - NE 1 lo & Ch~pel Hili BI...d CAN INlur1IInCJl!! Companies g2g243494 f3Ull500 Interstate Engln2elino Corp 15,OOQ Gsllon Sodium Hydroxide Bulk Storage Tank Inll!matlonal Fidelity Insurance Company NEIFSU03012eO 06/2210 , 60,800.00 Int@mate EngIneering Corp West Water Treatment. Plant Improvement! Phase IV Western Surety Company 920404144 09118106 4,916,511,00 JMW CoMtrudlon Corp Open-Air Amphitheater god Restroom! gt 1913 Old Sdloolhouse Grl!gt American IrnJUf'anee Comp:tJ1Y 3440ge9 0012 7100 120,700 00 J, R9Wf1 ent@rprf!~, Inc:. Replacement or Boynfon Beach lHeguard Towers Develo.om Surety & Indemnity Company 534064P 10123100 103,36500 Johmon...Davf!, Ine: Hypoluxo ROad Water UUlltles Improvements 5afeaJ 'm;uraoee Co of Amer1ca 5942599 00/24/99 110,000.00 Lawrence F~nce Corpt::lratlon Alumll1Um Fence at Boyrdon Bf!ach Memorial Cemetery CQnlracfnrs Bonding Bnd fns"",""" ComV'ny MB3292 091'28'00 62,563.00 Rlduud M30dnl Equlpm@f1\ Company INCA Stmmw31ef Mangmt Impmv & Watennaln Replac - Pro). STM021fVV1R118 Western Surety Company 929361551 01120105 <t,130,007.00 M~n8 Engmeertn9 Ct,fll:radoJ!, loe Twenty Outfall Stomrwaler Improvement Auto-Own~ Insurance Company f(l(5!l103 514.040.00 Martne Englnl!f!ring CmwadoB, Inc Fluoride Systenis at East & WI!Sf Treatment Plants RlIlMur8nee Company SSB305032 fllO!lIOO 219.5O!I.00 Mllrk Tomberv, Inc New Pump, Wen and 'niDation System at Sara Sims Park Preferred Natfottallnsuranc:e COmpany X 01914 42.322 82 Megan South. loe Sean", Estates Water Matn Repl8C@ment Unoed Slot.. FIde111y end Gtianmly Comp.ny Sf.51l6S 0"28102 928.652.00 Megan South. roc E.st Water Treatmonl PIanI- P",...IJJ UnOed Slat.. Fldenly and GuanIfIIy Companv SH5664 01128102 153.200.00 Mora '=.ngineering Contratlor3, loe Industrtal Avt!llUe Corrldor Slormwater Improvement Prolecgt North Amf!ftcan Spedatty Insurance Company 188400 01102102 2,5fO.104.50 Mora EngIneering Col1tradms. Ine NE 17 Aye Area Sbnmwater Improves & Wafer Main Replacement Hartford "fre Insurance Company 35BCSCLfl405 05/04104 1.711.9fl 00 Mora Englneerlnp Contractms, Inc Forest P.rl\ Elemental)' School Hartford f=lre 'murance Comp!lny 3Sbcsdr584 7 O2I04IU8 32.48000 Motorola. Inc Fumtshlng afld Instamng Mobffe Data Communlcatlons System Satero 'mutanee Company 0' Amerh:a 593118 05111198 262.000.00 Murton Roofing Cotp. Reroof ponce Pistol Ranoe Safero lf15lwance Company of America 812B155-oo18 OS/21/03 32,311.00 HW Sign Industri~, Ifle V:.rious 1 raveler.l Ca~u:Jhy and Surety Company 105005094 o 1109/08 4Q,385 00 t J~ CentUfY Boynton Om~ O~~loptnent III r Estmes m Heritage Club Lexon Insurance Company 1005913 Ol121l108 528.233.00 H~ C~ury Boynton Om! De\l~lopment UlP E'I'M~ :It Hl!rnage C1ub l~on IMurance Company 10059H 011'28108 22.000 00 NewpM Builders. Inc Pence Park Restroom ProJect" Galaxy Peril; Dugouts North American Spedafty Insuranc1"l Company f787118 01/04102 Pa,!~oo. 00 O'CollflOr ~ 1 aylor, In:': r\r@ St:rtJon 1t4 United StMes Fire Insurance Company 6102390018 04126/04 1.B88.000.00 t'lerce Manufacturing Ine: f'le~ Enforcer PutT1~ 1 raveleB C~ualty and Surety Company 104087*383 06130103 320,2g3.00 "'em! Manufadurfng Inc Plr!m! Oash Skyboom 1 ravelers CaSU8fty and Surety Conlpanv 103871866 10118102 555.142.00 t:'lerce Manufacturing lne Plp.rce Sabl'!f Encore Travelers Dtsuatty and Surety Company 103233951 12128/99 232.199.00 PremIer Geteway CeHfer M QuaflfUlllllP Quanfum Park l[Jfs 73A . 7R Uncal" General Jns:t.nanee Company SUR010158 07108104 151,412.00 reletl5M "" ';12 qn Quanflnn Parf.: ^ V",ag~, LLC ~atewa Blvd (Quantum PaJk) Gf~ Amerlcan In!fumnce Company FS38116824 04/04101 75.075.00 R~pllbllc: ConstJudlofl & Den!lopment Cutp Elelll-'~ter t"ur-t.: Br~ell!W3y Hartford C3Su31ty fost.fl1JfJCf! Company 2fBCSAleoo2 03112101 ~15,OOO 00 rUM Builders, Inc: ET.ell Hester Pal1t Footbah Field f't1!S-~ho!l: Lyndon Property losur;loce Company CSB 020 221 06/19102 166,03000 ~('Igp.r Allison f"alnl.ltlO. Inf: PalnUng Water and Wastewater rlpenne~ Western Surety Compsny 89195164 07lHlfOJ 38,OOCtoo Sl?~bp~ 8I1ild..I~. 11le-. Bo~ Club Par....: Restroom~enovaUon We-Stem Surety Company 69737729 41"200-4 '08.820.00 ?r?I,?OI'-~ lflAJ:t?fl f"or) -"..,(},- Seled CordractlllQ, h'c 1wo Pre-Engln~red Metal Bulldlng~ Great Ame1ican rnsurance Company 51'J14399 05'03/0 1 199,708.00 Sp_e...~onl~ Construrtltl'1 Cr> 10<': library ~panslonfremodellrq Hartford fire IMurant:e Companv 21BCSCrnt9:<;o OOf27104 .~ 121,.8".00 Slp~. Inr. So Congress Av Medians #511. S-18 - land~cape & Illig~lon The Mountbatten SIJI1!ty Company. Ine CANF-OOQ1e9- pp 02118100 f04,904.00 Slg~, In'" So Congress Av MedlaM fiST - 11510. Landscape & Infgatlon Amwe~t Surety Ins:UI1IflCe Company 128000051 041U1f99 62,594 00 Smith" Company, '" c Roadwaylmpmvement! for Gateway Blvd (N Seacrest Blvd to US 1) American Home MSurance Company MI2I!199 1.838.92406 $outtH'!a.'l1 Drilling S~f"\Itrp". Illr E.::Ist Plant E.lI'p3MIon Test Wells and Aquller Stor~e & Reco...",TY Well Twn Western Surely Compgny 929352865 04114/lJ5 5.72'3,035.00 South rlorida UtJlllle!;, 'fie Master un Station RehablllfatJon LIft Stallon!'; 309 & 356 The Insurance CrlmpRI1y of lhf!l St~e of PA P.A.5861S6 09/f!ll97 57,507.00 Sp~de.,; Con~t",dors, Ine Senior Center Ph II Interior R.er1(wat)of1!; Nova Casuahy Company 39290 12123'03 86,866.00 Sf. AndreVf'5 Club, 'rle Sl And~ C'ubhome' - lJlmty relocatJon oJ water llne~ Platte Rlv!!'r IMllOIf1C:l! Compnny -40087751 05118106 18.040_00 Stl1e~ Corporallon (dha SlUes Landscape Co) I ands~pe Malntem'lnC8 Natfonal Fire Instlf1tflCf! Company of Hartford 92:9272514 12/0:1'02 120,46050 SflIes CorporatIon (dtla Stiles landscape CoJ landSOlpe M8'nteft~ Great American Insurance Company 592 06c 12 , 0/'26/00 f88,228.oo Sllllh/:In Electric: eud Pump, IHe VertlH!l1 Turbll1e Variable Speed Prefabricated Pump Station Contradors Bonding 8tJd Imursnce Company M84854 02126/03 64,41300 ~lIfphell r-Ol'plJrnflnn fIre ladder 7tuck Uberty Mutuallnsurant@ Company 014.032-53~ 12/27/06 "39,45324 TCGsOuthFJorlda{~I'UbO'AJ&J'L . RlghlotWayPermll H8rtfOrdFIre'~ComdienY 10B$BCQD351 12J1Of03 25000.00 "f11!r1l!l!!I!!t~f1hJ"""""'f "'-. 'l>'ri'~';;~~!l'lIl!J\l'!i"~,,,,=,'~~~'_:-~'~~~l~k,",,,h.w.~~.......-,,,...,.,,.!'.'!!!!L."",!Y!'''''~''''f.''m~~~'I'''''''''! ~'f~~~,~$,'r~!tIi~ill1l1"RM'iRJ'C,,"'l'[":""~m:;~oo;W'1"""lli25I;li"" 1 h~r,"a Seal Roof S'(~ft:!m, Inc CI1y of Iloyrrtoo Be2m Ro. roonog United Co.uafty & Surely Insur.mce Company 5481 l1fQ~1OA 197,92500 1111'V11 i\ Country Bulk1el~, hIe Ren~I!;!ance Common!! l~nP~p~l~eComp~y SRe 1000592 12130103 2,5,700,20 r. <; 'tJ.rl .~" I ON" " Collllfry Bu1l11!"r!'o, Illr:: Rtmalse;ancp. f".-nrnmons f"l1asl"! 1A ~ In rld!""'y & Oeposit Company of M;!Ilyland 81804.39 03/03105 43,001.75 '~m l~nrJo:;ralJlllg Cmr l ~fldsa:lpe M::IITlten~nc(> WF'sWeld 1n..''Wfanre Company S9493~1 17'1/0102 43';,e~6 10 .,nl ::1flrl<:r:lrl,,<) 'nn~ i. rinrl"lcatl!! M~l"ten~nc'" f'~lIf Fire and Marine In~\trJ'tllc" r{ll!lr~l!1y 400SM ~:7n In/l0/fm 215.262 (10 r"~;I,tI'>Q 1fI'l1Cl'l",t 'V!I lrl";->ln:< '.1 ~ I:-n: ,10; Uk H.,,;~r." :-11' ;If MotU8' 1(l4;ur!ln(~ Cmnp;'?(ly SlJT7.J;OI\<i .1 ~ !'Ill;"; !)n November 20, 2008 Mr. Dennis Preite City of Boynton Beach Engineering Dept. 100 East Boynton Beach Blvd. Boynton Beach, FL 33437 RE: Petition to Release Performance Bond No. FS3866824 Quantum Town Centre, LLC. f.k.a. Quantum Park & Village, LLC 1044 Gateway Blvd., Boynton Beach, FL 33426 Dear Mr. Preite: Thank you for taking the time to review our Nov-04-08 e-mail. As suggested, we would like to submit this letter as owner's formal petition for the release of Performance Bond No. FSJ-86'6824 for $75,0'75 issued on April 4, 2007 by Great American Insurance Company for the project known as Quantum Town Centre, LLC. f.k.a. Quantum Park & Village, LLC. This petition is subsequent to the completion of the Quantum Town Centre improvements set forth via Right-of-Way permit # E07-005. Please feel free to contact me at the letterhead address or vIa e-mail at srendonuv'olenproperties.com should you have any questions or require further information. Sincerely, QUANTUM TOWN CENTRE, LLC c55~ ?wbc Shei la Rendon Construction Adm inistrator Florida Region 1ST I:\SHEILA\QUANTUM\Town Centre\Bonds\Preite Req x Bond Release - 112008.DOC cc; project file 1 062 Cor a I Rid 9 e Dr i v e . Cor a I Springs, Florida 33071 [954 ) 340-4904 . rax [954 ) 344-4608 www. 0 I e n proD e r tie s. com ~X1:IIB1T "N-3" C;.J)R, Chap. i, P....I_L. 1. Sec. 3.3.:: (l....DR, Chap. -:' .~-: I:, Se:. -: PERFORM.A...r..J' CE BOND B:n1 th.: :rs3866824 Pr:aoiun: $1 r 'On . 00 K..NOW .ALL lvfEN BY THESE PRESENTS: That [IJ [we), Q.Enb;rn Fal:k & Vill.ag;., lIC h::r6nafi=r call PRINClP AL, and Great lmri.a3n lrB.:II:an:E Cbrt;any , a surety company authorized t::l do business in the State of Florida, hereinafter referred to as SUREIT, are held and firmly bound unto the City of Boynton Beach., a political subdivision of the State of Florida, hereinafter called CITY, the full andjust sum of SSSlty-fiv-: tl1::1.Earrl ~-five U. S. Dollars ($ 75,075{fJ bwful money of the Unitcd States of America, to be paid to the City of BoyntOD Beach, [0 which payment will and truly be made, we bind ourselves, our heirs, cxecuto:s, adm.inistrators, succ::ssors and assigns, jointly and sev;rally, firmly by these presents: [WHEREAS, the above bound'PRINCIP AI. has received ;jrml"C\val from the CITY lor the recording of a certain subdivision plat known as *(533 l:el.c:w).__ ____._, , and ~c~ recording is prior to completion of construction of the Required Improvements as prescribed by the Subdivlsion, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the REGULATIONS, pertaiDingto said subdivision;] or [WHEREAS, the above bound p~~ [~~approval from the CITY for the construction of a certain proj e:ct known as ~ Bl~ , and such pro j eet shall construct and install the required public imprOvements to support the Project purSU<lDt to th= terms of me Permit,J and \VHEREAS, PRINCIPAL has been issued that certain [Rioht-of-W3:v Permit] [Land Development PcnnitJ Number E-07-005 . hereinafter the PERMIT, for constrUction of said RcquircdImprovements, a copy of which is attached hereto and by reference made a part hereof; and WHEREAS, it was .one of the conditions of.said REGULATIONS and PERMIT that this bond be executed. NOW, THEREFORE, the conditions of this obligation arc such that if the above bound PRINClP At shall in all respects comply or cause others to comply with the terms and conditions of said PERMIT, within the time specified, and shan in every resp~t fulfill [its][hisJ[herJ[th:irJ obligation thereunder and under the plans therein referred to, then this obligation to b~ void; otherwise, it shall remain in full force and effect. "Ua:tun PaI:k at Iqdxn B:Er:h, P .LD., Plat lib. 6 a:rl 9 as L.... I I' B' in P1athx:k '57 r :EB.J2 192 of p:blic ,... I ..~ of Palm 0:ed1 ~r F.la::iih. Page 1 of 4 pag::, , The PRINClP A..L .and CITY agree that !be City Engineer may, in writing, reduce the initial amount stated above in accordance with the requirements of said REGULA...TIONS. The SURETY UNCONDITIONAlLY COV'ENA.'N1S AND AGREES that if the PPJNCIP AL fails to perform all or any pan of the construction work required by said PERMIT and REGULA-TIONS within the time specified., the SURETY, upon thirty (30) days written notice from the CITY or its authorized agent or officer, of the default, to the PRll'KIP AL or its authorized agent or officer, will forthwith perform and complete the aforesaid construction work and pay the cost thereof, including, but not limited to, engineering, legal, and contingent costs, together with any damages either direct or consequential. Should the SURETY fail OT refuse to perform and complete the said improvements. CITY, in view of the public interest., healIh, safety and welfare factors involved and the inducement in approving and filing the said plat, sh.all have the right to resort to any and all legal remedies against the PRmCIP AL and/or SURETY, or both at law and in equity including specifically the specific performance, to which the PRJ1'.l'CIP AL and SURETY unconditionally agree. The PRINCIP AI. AND SURETI FURTHER JOINTLY AND SEVERALLY AGREE that the CITY, at its option, shall have the right to construct or, pursuant to public advertisement and receipt of bids, cause to be constructed the aforesaid improvements in case the PRlNCIP Al. should fail or refuse to do so in accordance with the terms of said PERMIT. In. the event CITY should oxercise and give effect to such right, the PRINCn> AL and SUREIT shall be jointly and severally liable hereunder to reimburse the C~ the total cost thereof, including but not limitec?-:. to, engineering, legfJl, and contingent costs, togeth=r with any damages, either direct or consequential. which may be sustained on account of the. fr41ure of the PRlNClP..t\L to carry out and execute all the. obligations for construction of R;equired Improvements pursuant to the REGULATIONS and PERMIT. IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this ~ day of In:il , 2ooL. '. " (CORPORATE'SEAL) . ~ l)Q rdu m ~P.J:... ~ lh }/a~ t., L L(!. La Florida cOIpomtion][a corporation, licensed to d usiness in Florida] t/s:O (7 -- ..- . . . ATTEST: '-'.r~--'~' ..- (1"npressionable corporate seal) Pag: 2 'of 4 P&ges -t.JJDRESS: -, STATE OF Ho e ,cia. ) COUNT{ OF ~Q..J. r1 'J BEFORE ME personally appeared ~(;)b (Llrl <:::0. -/-.11-\ t wno is personaUy known to me, or has produced as identification, and who ~xe;::utec the foregoing instIUInent as [Vice] President of (Q ulI.rr+l.ln'\ ~ltl<:. f Vr He;,< I L.L.e, a corporation, and sevc:rally acknowledged to and before me that [heJ[sheJ execllted such instrwnent as sllch officer of said corporatio~ and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority. and that instrument is the free act and deed of said corporation. WTnJESS my hand and official seal this 41ft- day of Ape-i! .20D7. C\jluL ~~ My commission expires: No Public I~Y ~ Sheila Rendon . ~ ; My Commission 00224716 (Seal) \o.;::/' Expires September 26.2007 -OR- (INDIVIDUAL PRINCIP AL) WITNESS: BY: .t>J)DRESS: (SURETY SIGNATURE SLOCK) WITNESS: ~~~~~n' BY: -c- - ~ ' ~ . _. Jdn G. ~....93:Es ~~ a~ -In-La:::. (power of anornoy musT be ana.cned; Ioi.cE Jalarrlra Page:' of 4 pag::s - ADDRESS: STATE OF ) COUNTY OF ) BEFORE !vfE personally appeared (print name) who[is} [areJ personally known to me Dr [has}[have] produced [and . respectively] as identific:ltion, and who executed the foregoing instrument, and acknowledged before me that [hc}[she][they] executed said instrument for the purpose expressed therein. WITNESS my hand and official seal this day of ,20~ My commission expires: ( signature) Notary Public (Seal) Pag~ 4 of 4 pag:s "_~__'_______h....__n_______..._..______.____,._._. __ .n_n'.....'..________. ACKNOWLEDGMENT State of California County of Orange On April 4, 2007 before me, Jefferey W. Purs~ey, Notary Public, personally appeared John G. Kookootsedes, personally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on this instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signatu~ n -- - - l.-.----~-~~---I ~ JEFFEREYW. PURSLEY . CommIssion /I 1676377 I Notary PUblic . Cel/lamIa ~ Orange County j _ _ ~ ~:o:m~~J~'~2~al) . - GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET. CINCINNATI, OHIO 45202. 513-369-5000. FAX 513.723-2740 The number of persons authorized by this power of attorney is not more than TWO No.O 14121 POWER OF A TIORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT A1v.IERlCAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of1l1e laws of the State of Ohio, does hereby Dominae, constitute and appoint the person or persons named below its true and lawful attorneyin-fact, for i1 and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided 1hat the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this anthority shall not exceed the liIIit swed below. Name Address Limit of Power JOHN G. KOOKOOTSEDES BOTH OF BOrn JAMES G. BRAKKE LAGUNA NIGUEL, $75,000,000.00 CAL1FORlA This Power of Attorney Ievokes all previous powers issued in behalf of the attorney(srin-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers md its corporate seal hereunto affixed this 26"' day of. MAY, 2006. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-369-3811l On this 2~ day of MAY ,2006, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice Presidett of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that be knows the seal of the said Company; 1I1at the seal affIxed to the said instrument is such corporate seal; 1hat it was so affixed by authority of his office under 1heBy-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and .A.tsistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their author.ity; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the qforesaid officers and any Secretary or ksistant Secretary of the Company may be qffixed by facsImile to any pawer of attorney or certificate of either givenfor the execution of any bond, undertaking, contract or suretyship, or other written obligation in the natvre thereof. such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affu:ed. CERTIFlCA nON I, RONALD C. HAYES, AssistantSe=>.ary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board O'fDirc:...'1Xlrs of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed:his 4th day of, Ap::il, '2J:JJ7 , S 1029T (11101) Conley, Rosanna -..-.-----.-------.-. ,- -". From: Conley, Rosanna Sent: Thursday, November 20, 200B 4:19 PM To: Preite, Dennis Subject: ROW bond for Quantum Park and Village Shiela Rendon is sending us a letter requesting the release of bond. Once we receive the letter, we can proceed I put all the papers back on your desk. Rosanna 11/20/2008 - DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION ""'..... ,~-.." MEMORANDUM NO. 07-043 (/ (' .'\ ( ~:Y \, -.--...- TO: Bill Mummert, Finance Director --\ , ~ : ) r ~, -- I FROM: Dennis Preite, Eng. Tech J ) DATE: April 5, 2007 -/. "~._"'.' -,._p' ~~""~--- SUBJECT: Permit Fees and Performance Bond for Right-of-Way Quantum Park and Village - Gateway Blvd Leighton McGinn - Olen Properties Attached please find check No. 17801 in the amount of $2,072.50 on a business check issued by Bank of America. This check represents the cost of a Right-of-Way permit for drainage work on Gateway Blvd for Permit # E-07-005. Also attached please find Performance Bond# ES3866824 for $75,075.00 for the Right-of -way work on Gateway Blvd for Quantum Park and Village. r'lease deposit in the appropriate account :1.:~ t!/16 ~N t~1 Attachment: $2,072.50 A tJtb', 0'~ (,,/!r ~1)lYN Xc: Dennis Preite, Eng. Tech {)f- ~kNVtM-1 -(trWN- ~ File WfsG VV~t--l6 tAl~ ~ ~rJf-r ~~lV6DA-~ fol2- -V~ (9MA1 L- ~ ~ %') ~T tN.~ 1"0-A~ ~;S~~GOF~ ~;1G 0'1500 ~~~ .?L-~~e ~ ~~ ~~ ~tG~NG~ 1'0 'B6' ~E' .~54.71o .490f- S:\Engineering\ Memorandums\Memorandums 2007\07-043 PREITE Gateway Blvd 01en & Leighton McGinn.doc DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION "" MEMORANDUM NO. 07-043 .----. t,;;.,-- TO: Bill Mummert, Finance Director FROM: Dennis Preite, Eng. Tech DATE: April 5,2007 SUBJECT: Permit Fees and Performance Bond for Right-of-Way Quantum Park and Village - Gateway Blvd Leighton McGinn - Glen Properties Attached please find check No. 17801 in the amount of $2,072.50 on a business check issued by Bank of America. This check represents the cost of a Right-of-Way permit for drainage work on Gateway Blvd for Permit # E-07-005. Also attached please find Performance Bond# ES3866824 for $75,075.00 for the Right-of -way work on Gateway Blvd for Quantum Park and Village. Please deposit in the appropriate account. Attachment: $2,072.50 Xc: Dennis Preite, Eng. Tech File S:\Engineering\ MemorandumslMemorandums 2007\07-043 PRElTE Gateway Blvd OJen & Leighton McGinn.doc Right-, - ot - .eenmt rage 1 01';' Wilson, Grace' From: Sheila Rendon [Srendon@olenproperties.com] ., Tuesday, November 18, 20082:31 PM To: Wilson, Grace Subject: FW: Quantum Town Centre: Performance Bond No. FS3866824 Grace, As per our earlier conversation below are our previous petitions for the release of Performance Bond # FS3866824. Your response and assistance is much appreciated. Regards, Sheila Rendon Construction Administrator OLEN DEVELOPMENT CORP. 1062 Coral Ridge Drive Coral Springs, FL 33071 (954)340-4904- Direct (954)344-4608- Fax srendon@olenp-roperties.com www,olenproperties.com From: Sheila Rendon Sent: Wednesday, November 12, 20082:43 PM To: PreiteD@ci.boynton-beach.f1.us Subject: FW: Quantum Town Centre: Performance Bond No. FS3866824 GC''"'rt Afternoon Mr. Preite, A ~ntioned in earlier telephone message, we would like to petition the release of the aforementioned bond. Yo,-,! review and response will be much appreciated, Thank you, Sheila Rendon Construction Administrator OLEN DEVELOPMENT CORP. 1062 Coral Ridge Drive Coral Springs, FL 33071 (954)340-4904- Direct (954)344-4608- Fax srendon@olen properties. com www.olenproperties.com From: Sheila Rendon Sent: Tuesday, November 04,2008 11:41 AM To: Preite, Dennis Subject: RE: Quantum Town Centre: Performance Bond No. FS3866824 Good Morning Mr. Preite, Hope this e-mail fmds you well. The purpose of our message is to petition the release of Performance Bond # FS3866824 issued on 04/04/07 as condition to Right-of-Way Permit # E-07-005 for the removing and installation of catch basins and manholes at 1044 Gateway Blvd. If you would, please consider our petition and share your comments. A ~ -ryy of the aforementioned bond is attached for your ease of reference. T!_ ..k you, Sheila Rendon Construction Administrator 11/1812008 r'"0.dU~ - 'l..-Jl - 1. \...-lijJi OLEN DEVELOPMENT CORP. 1062 Coral Ridge Drive Coral Springs, FL 3307] (954)340-4904- Direct (954)344-4608- Fax srendon0mlenproperties. com www.olenpropenies.com --'-'.--...,- -..._~--'---, ---'-. From: Preite, Dennis [mailto:PreiteD@ci.boynton-beach.fLus] Sent: friday, March 23, 2007 2:04 PM To: Sheila Rendon Subject: Right - of - Permit Shelly, Here are the forms you need if you any questions please call me at (561) 742-6981 or Laurinda Logan at (561) 742-6982 Dennis Preite <<hdbk sec n-1, Ltr. of Credit.doc>> <<hdbk sec n-2, Cash Bond.doc>> 11/18/2008 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM E. < AGENDA ITEM REQUEST FORlVI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [;8J December 16, 2008 December I, 2008 (Noon) D February 17, 2009 February 2, 2009 (Noon) D January 6, 2009 D March 3, 2009 2 December 15,2008 (Noon) February 17, 2009 (Noon155 ~~ --.. . -4.<, D January 20, 2009 D March 17, 2009 0 -<~ January 5, 2009 (Noon) March 2, 2009 (Noon) rr1 n"'l'!l " n ~ D April 7, 2009 I D February 3, 2009 January 19,2009 (Noon) March 16,2009 (Noon) N ?W-<:: :X,S .." vi~ :x o~ D Announcements/Presentations D City Manager's Report ~ . D - < NATURE OF D Administrative New Business . AGENDA ITEM [;8J Consent Agenda D Legal :t: D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of November 2008. EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, a d allow for more timely purchases to be made. ~ Department Head s Signature City Manager's Signature ^ ~ Assistant to CiW Manager ~ (!,4~-pm,~~,1?.Y-<-' ~ tm~~ Cify Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR NOVEMBER 2008 1. Vendor: ADT SECURITY Purchase Amount: $20.912.0C Requesting Department: ENGINEERING Contact Person: KEVIN RAMSEY Date: 11/25/08 Brief Description of Purchase: CONTINUATION OF ADT SERVICES REQUIRED TO SECURE FIRE STATION #5 Source for Purchase: GSA CONTRACT #35F-0143R Fund Source: 305-4118-580.62-01 2 Vendor: DA VCO ELECTRIC CONTRACTORS Purchase Amount: $19,875.00 Requesting Department: PUBLIC WORKS Contact Person: PAULA LEBLANC Date: 11/25/08 Brief Description of Purchase: RENOVATIONS TO ELECTRIC FOR GENERATOR FUEL TANK Source for Purchase: SCHOOL BOARD BID 06C-41J Fund Source: 302-4199-580.62-01 I 3 Vendor: DELL MARKETING LP Purchase Amount: $13,362.00 Requesting Department: POLICE Contact Person: DOUG SOLOMON Date: 11 /12/08 I Brief Description of Purchase: i (6) DELL PRECISION T7400 MINI TOWERS, QUAD CORE, XEON PROC Source for Purchase: STATE CONTRACT 250-040-08-01 Fund Source: 691-5000-590.01-27 4 Vendor: JEFFREY ALLEN, INC. Purchase Amount: $24,570.00 Requesting Department: GOLF COURSE Contact Person: DAN HAGER Date: 11/4/08 Brief Description of Purchase: (180) GOLF US 12 VOLT GOLF BATTERIES , Source for Purchase: QUOTES Fund Source: 411-2910-572-52.75 5 Vendor: NOLEN'S CONSTRUCTION, INC. Purchase Amount: $21,813.00 Requesting Department: RECREATION & PARKS Contact Person: WALL Y MAJORS Date: 11/25/08 Brief Description of Purchase: REMOVE EXISTING BAHAMA SHUTTERS AND REPLACE WITH IMPACT RATED BAHAMA SHUTTERS , Source for Purchase: QUOTES Fund Source: 302-4111-580.62-01 I Page 1 PURCHASE ORDER ~ CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 090605 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/25/08 VENDOR 8827 SHIP TO: TO: ADT SECURITY SERVICE INC. City of Boynton Beach 7818 PHILIPS HIGHWAY FIRE STATION NO. 5 JACKSONVILLE, FL 33435 2080 HIGH RIDGE ROAD BOYNTON BEACH, FL 33426 REQUISITION NO. 47756 ORDERING DEPARTMENT: ENGINEERING INQUIRIES REGARDING PURCHASE ORDER CALL DA TE NEEDED: BID NO: COMMISSION APPROVED: (561)742.6310 . EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA ACCESS CONTROL SYSTEM - WINPAK 945.0000 945.00 SOFTWARE 2 4.00 EA NORTHERN N-1000-IV ACCESS CONTROL 2169.7500 8679.00 PANELS WITH SOFTWARE. (quantity - 4) 3 1.00 EA LANSRL 100 WITH 485 CONNECTION 721.0000 721.00 CARD '% 2.00 EA AL600UL POWER SUPPLIES 314.5000 629.00 5 2.00 EA BATTERY 12V 7AH 16.0000 32.00 6 1. 00 EA LOT CABLE 1578.0000 1578.00 7 1.00 JOB DRAWINGS 150.0000 150.00 8 1. 00 JOB LABOR (CONNECTIONS TO LOCK, WIRE 8178.0000 8178.00 RUNS, PROGRAMMING REMARKS: Continuation of ADT services required to secure :Fire Station 5. For additional information/please contact Kevin Ramsey, project Manager. PROCUREMENT SERVICES: dtft P.O, TOTAL: ;:. -JNT NO. PROJECT -4118-580.62-01 CP0645 20912.00 PURCHASING PURCHASE ORDER ..--.... CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEV ARD P.O. BOX 310 .. .. BOYNTON BEACH, FLORIDA 33425-0310 =.ATE: VENDOR 787 SHIP TO: TO: DAVCO ELECTRICAL CONTRACTORS::: ':::i t:y of Boynton Beach 4885 PARK RIDGE ROAD PUBLIC WORKS DEPARTMENT BOYNTON BEACH, FL 33426 2:22 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 47771 ORDERING DEPARTMENT: PUBLIC WORKS/AM DA TE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 19875.00 EA RENOVATIONS TO ELETRIC FOR 1.0000 198cc,:, .. GENERATOR FUEL TANK REMARKS: piggy-back PBe School Board Bid no. 06C-41J Per quote dated October 17, 2008. PROCUREMENT SERVICES: P,O. TOTAL: :'..9875.00 ACCOUNT NO. PROJECT 302-4199-580.62-01 CP0809 19875.00 .- -~-~_._.'------- _11___'.11. _..._ \ PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA \ PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 090559 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/12/0B VENDOR 7736 SHIP TO: TO: DELL MARKETING LP City of Boynton Beach ONE DELL WAY POLICE DEPARTMENT ROUND ROCK, TX 78682 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. 47700 ORDERING DEPARTMENT: POLICE INQUIRIES REGARDING I COMMISSION APPROVED: PURCHASE ORDER CALL DATE NEEDED: BID NO: (561)742.6310 , EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 6.00 EA 6-DELL PRECISION T7400 2227.0000 13362.00 MINI-TOWER, QUAD cORE, XEON PROC. E5410, 2.33 8HZ/ 2X 6MB LA2CACHE, 1333 MHZ ****8TATE CONTRACT #250-040--08-01***** ****J?L8. RETURN PO TO PD* * * ** QUOTE #456674404 DATED 10/29/0B ATTACHED DELL ONE DELL WAY ROUND ROCK, TX. 78682 PROCUREMENT SERVICES: P.O. TOTAL: 13362.00 CCOUNT NO. 691-5000-590.01-27 13362.00 PURCHASING CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDIJM -"------.--------.---.- TO: Chief lmmler DATE: 11 '04/2008 FTl E SUBJECT Ne\v Computers for Dispatch FROM: Doug Solomon REFERENCES: ENCLOSURES: ____m___._.____. Attached is a quote for Dell Precision T7400 Mini Tower in the amount of $2,227.00. I respectfully request that we purchase 6 of these systems for Communications for use by the 911 Dispatchers. The total amount of this purchase will be $13,362.00 and I would like to take this from our 1250 account. I originally planned on replacing these 6 systems next budget year but over the past month, \ve have experienced a number of hardware and software support calls on these computers. Due to recent software upgrades, these computers are now expected to do more, including FCIC lookups, messaging, mapping, voice recording and playback, and of course Computer Aided Dispatching. This has resulted in frequent computer lockups and an overall degradation of performance, which we obviously want to avoid when answering 91 I calls. This is not to say that we have not gotten satisfactory performance out of the computers, especially when you consider they have been running 24/7 for the past 2 years. In fact, the existing computers that are in use in Dispatch are still under warranty, and I will recycle them for use here in the Police Department. There are a number of advantages to upgrading to the proposed systems. These systems are high perfOTIllanCe workstations, specifically designed for such heavy workloads. Additionally, I have ordered these systems with upgraded video cards that have the capacity to attach up to 4 monitors to them. Right now tbe Dispatchers are required to monitor so many different systems (Main CAD Console, FCIC, Unit Status Screen, Map of Active Calls, Car to Car Messaging, and Voice/Radio Traffic Recorder), they are forced to place some screens on top of others. Having the ability to attach up to 4 monitors will let us display all the information Dispatch is required to monitor, as well as putting us in a position to handle the growth that is inevitable as we move into a new building, the City grows, the Department grows, and technology changes. PURCHASE ORDER ---.. CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 090542 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/04/08 VENDOR 9668 SHIP TO: TO: JEFFREY ALLEN, INC. City of Boynton Beach P.O. BOX 1520 THE LINKS AT BOYNTON BCH BRADENTON, FL 34206 8020 JOG ROAD BOYNTON BEACH, FL 33437 REQUISITION NO. 47663 ORDERING DEPARTMENT: GOLF COURSE INQUIRIES REGARDING I COMMISSION APPROVED: PURCHASE ORDER CALL DATE NEEDED: BID NO: (561 )742.6310 . EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 180.00 EA US 12 VOLT GOLF BATTERIES 150.0000 27000.00 2 180.00-EA CORE JUNK REFUND 15.0000 2700.00- 3 180.00 EA FEE 1.5000 270.00 REMARKS: Includes the removal of old batteries and the installation of the new batteries. PROCUREMENT SERVICES: P.O. TOTAL: 24570.00 .CCOUNT NO. PROJECT 411-2910-572.52-75 24570.00 PI JRr.HA~INC:; Golf Course Memorandum # 08-07 To: Kurt Bressner, City Manager r, In, p, ~ lO08 ,-' --,'. Thru: Lori LaVerriere, Assistant City Manager From: Dan Hager, Manager of Golf Operations ~~ Date: October 30,2008 Re: Golf Car Battery Purchase Phase Two This request is for phase two of the two-phase installation of our golf car batteries. This process will meet Club Car factory recommendations for the ~i~t break-in procedure to maximize the life of the batteries. ,il.llii:i;~,l, I';,. ,w""'j!~tentatively scheduled the actual installation of these batteries for .".. . ';". r 1 ih, 2008 so that the supplier, Jeffrey Allen, Inc., will have that hand and his staff available for delivery. one, the volume of (180) 12-volt batteries will be purchased. This attains the maximum discount available for quantity purchase. ~ PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 090603 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/25/08 VENDOR 2081 SHIP TO: TO: NOLEN'S CONSTRUCTION, INC. City of Boynton Beach 1330 W. INDUSTRIAL AVE. I SENIOR CENTER BOYNTON BEACH, FL 33426 1021 S. FEDERAL HIGHWAY BOYNTON BEACH, FL 33435 REQUISITION NO. 47779 ORDERING DEPARTMENT: RECREATION & PARKS INQUIRIES REGARDING I COMMISSION APPROVED: PURCHASE ORDER CALL DATE NEEDED: BID NO: 1561)742-6310 , EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 21813.00 DL REMOVE EXISTING BAHAMA SHUTTERS 1.0000 21813.00 AND replace with Impact Rated Bahama Shutters with custornco;Lor RAL 5018 - All Materlaland Labor is included. REMARKS: Hurricane Shutters for the Senior Center. PROCUREMENT SERVICES: P.O. TOTAL: 21813.00 ~COUNT NO. PROJECT 302-4111-580.62-01 CP0831 21813.00 PI JRr.HA!=;JN('; CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 10/31/2008 Requesting Department: Recreation & Parks Contact Person: Steve Lulkin Explanation for Purchase: This request is being submitted for the purchase and replacement of existing bahama shutters with hurricane rated shutters for the Senior Center funded by a state grant received through the Department of Elder affairs. I Recommended Vendor Hurricane Shutters by Nolan Construction. I I Dollar Amount of Purchase 21,813 I Source for Purchase (check and attach backup materials): I LO D I Three Written Quotations GSA ! i State Contract D PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. , Fund Source for Purchase: , Funds have been allocated out of the state grant awarded to the Senior Center by the Department of Elder Affairs. ICP0831. Account # 302-4111-580-62.01. Approvals: ~ ----------- Department Head Date !,-,1 -::;g Purchasing Agent Date Acoco+ ("'j+y I\lIa""a"s'- r\",+" I 00' ~, ,.. " " , UQ l.G Date City Manager FonSR~ Parks\Shared Files\Recreation\Senior Center\Copied Floppy info\Request for Purchases Over $10,000 Senior Center Grant Shutters FORM.xls '1~:...,,,, .....Ull!) pue SlleM 'SMO 'SUOI PUlM 5uljslxe )0 SUOllounlU>ll, ""r, .~. _ _. .jeUE!jSUI Jejjn4s UUOjS 8Jmhi'! I Ill^, VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM F AGENDA ITEM REQUEST FOAA.l Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office X December 16,2008 December I, 2008 (Noon) o February 17,2009 February 2, 2009 (Noon) o January 6, 2009 December IS, 2008 (Noon) o March 3, 2009 February 17,2009 (Noon) o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon) o April 7, 2009 _';l o February 3, 2009 January 19, 2009 (Noon) March 16,2009 (Noon) 0 n:; CO :::j-< :z: -<0 0 ':-) ..., ..:: 0 Announcements/Presentations 0 City Manager's Report N ;-cv t"1'lO NATURE OF 0 Administrative 0 New Business (J"J ;;:'--<: ~% AGENDA ITEM X Consent Agenda 0 Legal .." vi...... :x 0 0..... 0 Code Compliance & Legal Settlements D Unfmished Business N I .. 0 Public Hearing D c...,) ~ ~ RECOMMENDATION: Motion to approve purchase of new and replacement vehicles as approved in the FY08/09 Budget in the amount of $2,570,626.00. EXPLANATION: The Fleet Administrator recommends the annual purchase of forty eight (48) replacement and sixteen (16) new vehicles for City Departments as approved in the Fiscal Year 08/09 budget. Attached is a spreadsheet (Exhibit I) indicating vendor, number of units ordered and model, department vehicle was ordered for, bid/contract information and amount of each purchase. Total amount of all purchases is $2,570,626.00. The total funds approved in FY08/09 budget for new and replacement vehicles are $2,615,692.40. The difference (savings) equals $45,066.40. The Public Works Department and Purchasing/Finance approve the recommendation to purchase the new and replacement vehicles. PROGRAM IMPACT: The sixteen (16) new vehicles for the Police Department continue the personal patrol vehicle (take-home) program initiated in 2005. The benefit of this program is that it allows the vehicles to remain in service for a longer period of time and require less maintenance. The forty-eight (48) replacement vehicles are being purchased according to a life cycle allowing maximum vehicle efficiency that minimizes annual maintenance charged to each of the operating departments. FISCAL IMP ACT: A savings of $45,066.40 to the Fleet Fund due to vehicles costing less. ALTERNATIVES: To defer or not purchase selected replacement or new vehicles. Deferring purchases will increase maintenance costs as the vehicles increase their age. (J J~ "s Signature City Manager's Signature Public Works A"i,tantto Ci~ Department Name City ittomey Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT 1 FLEET VEHICLE PURCHASES FY2008-09 VENDOR # UNITS/MODEL DEPARTMENT BID/CONTRACT COST EACH TOTAL Garber Chevrolet (4) 2009 Chevy PD New Units Sheriffs/State $18,756 $75,024 Impala's Contract 08-16-0908 Garber Chevrolet (24) 2009 Chevy PD (12) New; (12) Sheriffs/State $20,251 $486,024 Impala's Replacements Contract 08-16-0908 Alan Jay Chevrolet (1) 2009 Chevrolet PD Replacement Sheriff's/State $23,336 $23,336 Tahoe 1500 Contract 08-16-0908 Alan Jay Chevrolet (1) 2009 Chevrolet PD Replacement Sheriff's/State $30,718 $30,718 Utility Cargo Van Contract 08-16-0908 Harley Davidson (4) FLHP Road King PD Replacement Replacement $8850 $35,400 Police Motorcycles Agreement with Ft. $7350 trade-in Lauderdale H-D Alan Jay Chevrolet (8) 2009 Chevrolet PD (7) Replacement Sheriff's/State $15926 $127,933 Impala's FD (1) Replacement Contract 08-16-0908 One Set Shot: Manuals @ $52f Duval Ford (2) 2009 Ford Focus (1) Each Code and Sheriff's/State $12,216 $24,432 Development Contract 08-16-0908 Replacements Palm Truck Centl~r (1) 2009 Peterbilt 320 SW Replacement Sheriff's/State $150,066 $150,066 Refuse Truck Contract 08-16-0908 Palm Truck Centt~r (2) Front Loaders SW Replacements Bid 052-2516-08/JA $200,726 $401,452 Alan Jay Chevrolet (2) Chevrolet SW Replacements Sheriffs/State $14,732 $29,464 Colorado Contract 08-16-0908 Atlantic Truck Ce,nter (2) Trash Haulers SW Replacements Sheriffs/State $112,897 $225,794 Contract 08-16-0908 Spec #46 Environmental Products of FL (1) Utilities Vactor Utilities Replacement City of Tallahassee $258,265 $258,265 Contract #1493 Classic Chevrolet (1) Chevrolet Facilities Replacement Sheriffs/State $26,165 $26,165 Silverado Contract 08-16-0908 .:; IPW\Agenda ltems\Fleet Vetllcle Purchases FY2008-09 VENDOR # UNITS/MODEL DEPARTMENT BID/CONTRACT COST EACH TOTAL Alan Jay Chevrolet (1) Chevrolet Utility Warehouse Sheriffs/State $18,851 $18,851 Cargo Van Replacement Contract 08-16-0908 Classic Chevroh~t (2) Chevrolet Cobalt FO Replacements Sheriff's/State $14,283 $2S,566 Contract 08-16-0908 Atlantic Truck Center (1) 2009 Sterling Streets Replacement Sheriff's/State $71,051 $71,051 Acterra Spec #49 Contract 08-16-0908 Alan Jay Chevrolet (1) 2009 Chevrolet Parks Replacement Sheriff's/State $25,698 $25,698 Silverado Contract 08-16-0908 Classic Chevrolet (1) Chevrolet Parks Replacement Sheriffs/State $17,S5il $17,850 Silverado Contract 08-16-0908 Alan Jay Chevrolet (1) Chevrolet 15 Recreation Sheriffs/State $23,92! $23,92! Passenger Van Replacement Contract 08-16-0908 Alan Jay Chevrolet (2) Chevrolet Utilities Replacements Sheriffs/State $19,791 $39,58~ Colorado Mid Body Contract 08-16-0908 Pat's Pump & Blower (1) 2009 Aquatech Utilities Replacement Bid 582-9932 $266,357 $266,357 City of Ft. Lauderdale Alan Jay Chevrolet (1) Chevrolet 2500 HO Replacement for Unit Sheriffs/State $32,294 $32,294 656 Contract 08-16-090S Emergency Vehicle Service Lighting System PO Units 3101, 3102, Bid # PBC 05098A $2,10! $21,052 3401 to 3404 and 4 New - Total 10 Emergency Vehicle Service Lighting System PO Units 4621, 4622, Bid # PBC 05098A $5,65.!i $84,830 4623 and 12 New - Total 15 Emergency Vehicle Service Lighting System PO - 7 New Units Bid # PBC 05098A $4,98(J $34,86~ Emergency Vehicle Service Lighting System PO Unit 4322 Bid # PSC 05098A $5,477 $5,477 Emergency Vehicle Service Lighting System PO Unit 3607 Bid # PBC 05098A $6,157 $6,157 $2,570,626 S:\PW\Agenda Items\Fleet Vehicle Purchases FY2008-09 Department Total New Vehicles Total Replacements Total Cost Police 16 25 $914,888 Fire 3 $44,492 Code 1 $12,216 Development 1 $12,216 Solid Waste 7 $806,776 Utilities 4 $564,204 Facilities Management 1 $26,165 Warehousee 1 $18,851 Streets 1 $71,051 Parks & Recreation 3 $67,473 Animal Control 1 $32,294.00 16 48 $2,570,626 VI.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office r8J December 16,2008 December 1, 2008 (Noon) o February 17, 2009 February 2, 2009 (Noon) o January 6, 2009 December 15,2008 (Noon) o March 3, 2009 February 17,2009 (Noon) o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon) Q o February 3, 2009 January 19,2009 (Noon) o April 7, 2009 March 16,2009 (Noon) 0 C"l-rl CO =i-< % -<b 0 n." <: 0 0 - reo Announcements/Presentations City Manager's Report no 0 :;0-< 0 Administrative 0 New Business :;II;: NATURE OF ""t; ~,% 0')-1 AGENDA ITEM r8J Consent Agenda 0 Legal 3: 0 OZ 0 0 W ""c:c Code Compliance & Legal Settlements Unfinished Business ... 3m - ~ 0 Public Hearing 0 .- me') :t: RECOMMENDATION: Approve motion to accept the City of Boynton Beach FY2007-2008 Annual Grants Report. EXPLANATION: The mission of the Grants Team is to enhance the achievement of the City's overall goals by providing research, planning, support, feedback and other assistance to its departments in the development of alternative funding sources for citywide projects. The Grants Coordinator prepares an Annual Grants Report each year, which summarizes the City's previous year's grant activity. PROGRAM IMPACT: The Grants Team provides grant development support services to City departments through the identification and monitoring of federal, state, regional, and local grant opportunities. Team members and department staff seek funding for priorities identified during the budget process. Team members and staff specifically focus on meeting department goals, supporting the Capital Improvement Program (CIP) and responding to citywide emergency needs. The Annual Report serves to document citywide efforts and identifY focus areas for the next fiscal year. FISCAL IMP ACT: None ALTERNATIVES: Not to accept report. " ~~ ,L/ . / Ao-l. '. V~<'-<--<-<7 ~ Department Head's Signature! CIty Manager's Signature Assistant to City Manager ~ City Manager Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I I I City of Boynton Beach i I I FY2007-2008 Annual Grants Report II I I I I I II Boynton Beach Grants Team November 4, 2008 i II ! I , 1 ;1 ! ; .1 , ;1 11 II ill i I q Introduction The Grants Team provides grant development support services to City departments through the identification and monitoring of federal, state, regional, and local grant opportunities. Team members and department staff seek funding for priorities identified during the budget process. Team members and staff specifically focus on meeting department goals, supporting the Capital Improvement Program (CIP) and responding to citywide emergency needs. The Grants Coordinator provides the following: . Orientation for all new Grants Team members . Grant writing assistance . Grant proposal quality review . Special project funding availability analyses . Grant Iifecycle monitoring . Grant management training . Serves as the Organization Administrator for eCivis Grants Network software . Pre-audit preparation . Special assistance to outside organizations as approved by the City Manager An Annual Grants Report is published each year, which summarizes the City's previous year's grant activity. The Annual Grants Report and subsequent Monthly Reports update and summarize data on departmental grant activity and Grants Team projects. The reports reflect information received from departments regarding grant applications and awards. Grant Team members' diligence in using the tools provided by the City is essential to communication and effective record keeping. Accordingly, the Grants Coordinator solicits comments, suggestions and recommendations regarding grants management tools and this report, which is used to increase the overall efficacy of the program. Grants Team Mission Statement: To enhance the achievement of the City's overall goals by providing research, planning, support, feedback and other assistance to its departments in the development of alternative funding sources for citywide projects. Team Structure/Protocol The Grants Team functions as a self-directed unit, independent of individual departmental interests. Operating under the auspices of the City Manager's Office, the team provides grant proposal support to all City departments, which includes referral, research, training, grant proposal development and reporting. The Assistant City Manager is the team coach. Membership consists of representatives from departments citywide, who aiso function as the liaison between the team and the respective departments. The Grants Coordinator facilitates, expedites and communicates on behalf of the team. - 1 - Liaison role on Grants Team . Conduct funding searches for department projects to identify appropriate funding sources . Assist with research, writing, and gathering information for proposal development . Continually update skills through grant training opportunities . Review proposals (upon department request) for quality . Communicate concerns regarding funding needs to the Grants Coordinator . Use the tools provided by the City for effective and efficient grant management . Follow Administrative Policy #01.02.13 Grants Management Policy & Procedures FY2007/2008 Grants Team Members Community Improvement - Brenda Cornelius Finance - Anthony Davidson Fire Department - Jim Ness/Steve Lewis ITS - Cathy McDeavitt Library - Craig Clark/Anne Watts Planning - Kevin Hallahan Public Arts - Debby Coles-Do bay Public Works - Jean Murphy Recreation & Parks - Jody Rivers Risk Management - Mark Bobich Utilities - Karen Riseley Grants Team Coordinator/City Manager's Office - Debbie Majors Benefits from creating the Grants Team . Increased communication regarding grant opportunities throughout the city . City-wide consistency in grant management . More focused approach in applying for funding (using personnel/financial resources more efficiently). . Involving departments who have had little or no history in obtaining grant funding . Flow of information to City Manager and City Commission has increased, therefore increasing awareness of staff efforts and resourcefulness . The City has made new and valuable contacts throughout the state and nation enhancing our grants management operation . We have served as a role model for many other cities and counties Departmental Grant Activity FY 2007/2008 In FY 2007/2008, departments submitted 19 applications for grant funding, totaling $1,096,654; of the 19 applications: - 2 - FY21107.}O()x AllIllIU/ (,rant, Report .:. 11 ($339,802) have been awarded funding with contracts executed .:. 6 ($751,830) are pending award notification .:. 1 ($5,000) was not awarded .:. 1 application was withdrawn to pursue another funding source (No monetary value just equipment). An application is not required to receive the formula-based entitlement funding through the Florida State Housing Initiatives Partnership (SHIP) Program. Instead, our City must provide a Local Housing Assistance Plan and Ordinance in support of the local housing assistance program. This is required every three years, with regular monitoring reports. The City received $603,267 for FY2007/08 through FY2009/2010. Due to the length of time it takes for review and approval at the state and federal level, some grants that were awarded, were submitted during the last fiscal year and some that are pending, will probably not be awarded until next fiscal year. However, it is important to note that the ratio of awarded applications remains above 85%, a reflection of well-trained staff effectively using available resources. In addition to applying for grants, staff actively manage multiple grant funded projects. This includes reporting to the funder, preparing for the audit and managing project or program issues. During this fiscal year, 28 federal, state and local grants, totaling $1,790,791 were closed out as projects were completed. In FY2006/07, 14 grant funded projects were managed and closed out by staff. Management and compliance requirements can take a significant amount of time and resources. Staff are to be commended for their efforts. Grants Team Activity Since April 2001, the City of Boynton Beach has been on the cutting edge of grants management. Our City Manager. Kurt Bressner, saw the value in providing resources to help grow our grants program in Boynton Beach. This enabled staff to become involved in developing and beta testing grant research and management software. As a result, we have realized significant cost savings and increased efficiency. Using electronic means to manage grant funded projects, we can effectively maintain decentralized operations while enjoying the benefits of a centralized grants management system. While the City receives some entitlement and formula funding, the majority of grants applied for are competitive. Community Development Block Grant (CDBG), State Housing Improvement Program (SHIP) and State Aid to Libraries are examples of the non- competitive funding the City receives annually. These dollars are critical to continue providing basic services to our residents. Generally, departments will identify needs and research appropriate grants during the City budget process. On occasion, emergency funding will become available (Le. hurricane or other disaster funding), when this occurs the Grants Coordinator will work with departments to identify appropriate projects and coordinate efforts to develop a competitive grant application. - 3 - - - The following reports are attached for FY 2007/2008: . Application Activity Report . Grants Awarded Report . Funding Source Report First Quarter of FY 2007/2008 (October, November & December) The focus this quarter was on legislative affairs. Contact information for our Senate and House of Representatives members was provided to Grant Team representatives. Each department liaison was encouraged to use these contacts to stay on top of issues that effect their department's funding and programs. The Assistant to the City Manager and the Grants Coordinator attended Palm Beach County Legislative Delegation meetings to share the City's funding needs and priorities. Departments prepared Community Budget Issue Requests (CBIR) for consideration in the state's FY2008/09 budget. Projects included: Mobile Incident Command Center, Tactical Armored Vehicle, Gated Community Access for the Fire Department, and a Public Safety Training Facility. Senator Atwater and Representative Sachs sponsored the CBIR's. Fire Dept. presented their projects at the PSC Delegation Hearing on 1/15/08. Second Quarter of FY2007/2008 (January, February & March) Departments began researching funding opportunities for FY2008/09 proposed budget requests. The Grants Coordinator provided a presentation for the City Commission on the Grants Team's purpose, benefits and achievements at the February 2008 retreat. Second quarter Grants Network system enhancements by eCivis included the addition of KnowledgeSase. This is an on-demand individual training program that is self-paced, skills- building with online education modules including, grant management and compliance, project trends (initial listing includes General, Law Enforcement and Green Trends), publications on a variety of topics and a resource library. Third Quarter of FY2007/2008 (April, May & June) The Team prepared the FY2007/2008 budget request and began looking at departmental projects for future collaboration. The federal budget process was monitored with regular updates via the eCivis' Grants Network e-notices. State funding opportunities and grant updates were also included. Grant funding forecasting is integral to the budget preparation process; a summary report was prepared for the City Manager and Finance Director for use at department budget meetings. Grants Team members will be working with Mainstay Partners to prepare a Return on Investment (ROI) study after using the Grants Network system for the past year. -4 t~'Y2{l{) :,}(j{th' ,,1nnUil! (Iran!.., Fourth Quarter of FY2007/2008 (July, August & September) Preliminary audit findings and suggestions from the FY2006/07 year were shared with team members. The suggestions will be implemented in the new fiscal year. These include review of all state and federal compliance requirements prior to project commencement and simple steps for a smooth transition from one fiscal year to the next. The team wished Deputy Fire Chief, Jim Ness, a happy retirement as he leaves the City and Grants Team. During his time on the Team, Jim brought in $2,938,067 in grant awards for twenty City projects. He was instrumental in the success of the Citizens Emergency Response Team (CERT team) and secured the grant funds necessary to operate the program every year. Summary and Future Direction Over the past eight years, the Grants Team has made significant changes in the way grant opportunities are sought, communicated and managed in the City of Boynton Beach. The team is continually seeking ways to improve and meet the City's funding needs. The City's grant awards continue to increase despite a more competitive funding arena. The number of departments actively working on grants and number of grant applications submitted have significantly increased over the past few years. I believe this is due in part to the support the Grants Team and departments have received from the City Manager and City Commission. Dollars allocated to the Grants Team budget for training and resources allows for more competent staff and more competitive applications, which yields grant dollars. The City of Boynton Beach is entering into a new era of sustainability that brings both challenges and opportunities. As Grants Coordinator, I was a member of the City's Green Task Force. Over the past seven months the Task Force has examined several key areas for incorporation into a Climate Action Plan for the City of Boynton Beach and has been closely tracking the impacts of Governor Christ's legislation, House Bill 7135. It is essential to integrate state level unfunded mandates and actively seek to include local funding initiatives in both the Federal House and Senate proposals, to assure that Boynton Beach has the financial backing to meet our goals. As we move forward, Grants Team members will work with City staff and community alliances to provide viable funding sources for the Boynton Climate Action Plan. Our sincere thanks to Mayor Jerry Taylor, Vice Mayor, Jose Rodriguez, Commissioner Ronald Weiland, Commissioner Woodrow Hay, Commissioner Marlene Ross, City Manager, Kurt Bressner and Assistant City Manager, Lori LaVerriere for your continued support. prs~ . Deb ie ~ajor~~Oordinator - 5 - , (2007/2008 Annual Grants Report Application Activity Report; Applications Submitted Applications Submitted: 19 Organization; Boyntc,n Beach Projected Funds: $1,096,654 Report Date: 10/20/:2008 Cash Match: $299,113 Requested By; Debbie Majors In-Kind Match: $449,694 Grants Coordinator Report Range; 10/01/2007 .09/30/2008 majorsd@cLboynton-beach.f1 uS Information based on all grant applications submitted during the reporting period: Diesel Exhaust & EMS Stretchers US1280A Assistance to FirefiQhters Grant (AFG) Proqram (Part 04/15/08 $161,841 $40,460 $0 A):General Program.~ FY2008.. Gate Pre-emption T ed))loloQV BB0024 Palm Beach County EMS.Grant Award Proqram 06[16/08 $50,000 $0 $0 FY07[08 The American Dream Starts @ Your Library ,..., yo. d'''' "'.,_,.,,'_,_,,' 03[26/08 $5,000 $0 $0 F01780 The American Dream Starts @ Your Library (Limited .EligibiliM-fY 2008 We the People Bookshelf - FY 2008 F01780 The American Dream Starts @ Your Library (Limited 01[30/08 $5,000 $0 $0 EligibiliM - Fy'2008 _m _. .""-""'-" ,." We the People: Picturinq America US6301 We the People: Picturinq America - FY 2009 02/12/08 $0 $0 $0 :'08 Focus on Ganqs US7190 Research on CrlmePrevenUonand Control: Focus on 02/13/08 $326,336 $0 $311,294 . Gangs- FY 2008 $1}6o C08 ICAC3 Ramos US6899 Internet Crimes AQainst6;ildrerl-E~oansion ~mUrban 04/29/08 $0 $0 (Phase 11I1-FY 2007 '66/26/08 '08 JAG US4393 Edward Bvrne Memorial Justice ASsistance Grant'{JAGl $19,420 $0 $0 Proqran1: Local Solicitation~FY 2008 . ...... .......... ..m 'QiillAanatei,1"protection PrOqral)l 880027 Manatee Protection Conservation ProQram 02/19/08 $20,000 $0 $0 08 Operation Ganq Buster Fo0737 My Hometown HefperGrant ProQram =j=Y2608 02/04/08 $5,000 $0 $0 2007 AED ' .__.....m......._ .." FD1572 AED Grant Proqram - FY 2007 11/19/07 $0 $0 $0 r26b;fE~TicketSvsiem '''---,...--...----..-.. .... --...--,,, Fb'1594-iveTekTCC':-Prlvai~'Grants'to Law Enforcement. --- "'1'1720/'07'" -- $27.000" "- -- ..........-_........"._.....,~ $0 $0 I t............ ..........._.... "'''''' ..~_ ..... ,.._.__ """", "._. . "'.___ .Ag~!)cies" FY2007 .-......,..---..-__.,.".._,..,..,_......_.____'''..w.''_._."......__....,.""..___ $60)07--' . ....-,.-,-.. ,.--1 ~2007 JAG US4393 Edward Byrne Memorial Justice Assistance Grant (JAG)' 02/26/08 $0 $0 ).; i . '_'_ ____.Proqram: Local ~ FY2007....... . r.....-...--....'....- .. """,_.~..," .e...._.. ".....~_.,,_^..,,~. .m..~__.'"."... ..",..~"'_." ,,"__,'. ...n..~'........._un." ,_""" .._.. '$1{606 .. '$'0'" "'-$01 2007 Online Accident System FD1580 TRACView .. FY 2007 10/16/07 .!~.,_.._. ....... "u~""_'" _"'__..", ..,~~~.",. i """T:iS0074'S;:;iietoroofVest Partnershlp....ProQra.,;,-.:P;;..200S........ ..._-," "'--".~_. . "lf65Y'-'- $0 j ~2008 BPV . 03/19/08 - $8';(353 .. i i lL.___ ~'_ .~,...,,_.,__._.",_____._. __ _ _'~"'__'_..~ ',,_._._ ....'A ",___,_",,~"'__v_.. .,,-. __" ,.......~_^__.._......~,,_"^,..-.---_.........._..,",..,_..,__~~__... _._..__~, ...._".,_~. .......___. .,~ .___..__"'"'.'".__~..~~~._._.~.....'.'..._~_~"..._ "'--'__'n"'''_~__v_'_'' Ii -... ~..'.,-. .--...... ..,,-.- _._~_.._"._~... "--~--.. ~ it' .... ~"..~. .n --- 11J20707-"~"-$j1,496' $0 .... '>__'n.. ..._'_~,. ,........__.mu' __, .,y..^'_,.,,_......_w__~_..R... .... _~ '''~'~_'''~' ...... ~..__~ __. ~.._.""" ._v_. .... N".___~.~" . ....".,....... Source: eCivis@ Grants Network www.ecivis.com '2007 -2008 Annual ",rants Report Activity Report. Grants Awarded Awarded Grants: 21 Organization: Boynton Beach Awarded Funds: $3,944.375 Report Date: 10/20/2008 Cash Match: $334,517 Requested By: Debbie Majors In-Kind Match: $1,062,583 Gnmts Coordinator Report Range: 10/01/2007.09130/2008 maljorsd@ci.boynton.beach ft us Information based on all grant applications awarded during the reporting period: E'{9?LQ~ "Fire Station No 5, EOC, Communications, FL0058 Hazard Mitiqation Grant Proqram (HMGP) (Selected FL 11/06/07 Yes $1,721,252 $0 $562,583 'ITS Counties) c. F..Y 2006 DC;;A ;WaterQ[g.f11Qf:.Qive Team 07 BB0024 Palm Beach County EMS Grant Award Proqram PBC 11/05/07 Yes $9,499 $0 $0 F)'Q7/Q@ fiState Aid- FY2008 . FL0126 State Aid to Libraries Grant - FY 2008 FL State Oi/28/08 No $69,978 $0' .. . $0" L.n _.... .._ Q~pt__ IThe Amencan Oream SlClrlS @ Your FD1780 The American Dream Starts @ Your Library (Limited FD 04/21 lOB Yes $5,000 $0 $0 \ ~Libral\l ~Jj.9j!?iliM.: FY ~.__w...__......"_..... . FQ!:lf1Q~ti9r I tWe the People Bookshelf - FY 2008 US3757 We the People Bookshelf - FY 2008 US Other 03/2i/08 Yes $0 $0 $0 r. _._ _ ~~_,,,~~,w.,. "<~"^'.."""'o'.~'~'''''.'.__'' ..,.,... ,'.'. ..~,,""_.___.. .~__,~._,....N' ~08 ICAC3 Ramos US6899 Internet Crimes Against Children Expansion - Urban US DoJ 05/23/08 No $1,200 $0 $0 'P!1~~J!.!1::E( 200L_____ __ 08 Manatee Protection Proqram 8B0027 Manatee Protection Conservation Proqram PSC 02/25/08 No $20,000 $0 $0 !a8/09 Manatee Grant BB0027 Manatee prot€;CiionConservation PrOQram PBC 09/09/OB No $20,000 $0 $0 f20bY'BPV Grant "'-'- ...- -.. Us66'i4BuiletProofVesCPartnershlD Proqram~'-FY2i:ioi 'liSDoJ 10/24/07' 'No""'''' $5.56'6"- ....l5.506FY26i:l7~2008- to't 1....._....._......._._.... ... . .m' __.. ,_"__" ....., .... ............--....................... ........''.. .--... ." ..."....... ....'''''. ,. ....,.-... ..... .. ..~'!'2,!~grt:Jflt~~~P9'!..J ~2007 E-Ticket System FD1594 lyeTek. LLC: Private Grants to Law Enforcement FD 12/11/07 No $27,000 $0 $0 ~ L ... ............ .... ... ..... ... . Agencies - FY 2007.. ...... ... Foundati.on ~ 12007 Online" AccidentSvste-ril ... ........ FD1580 TRACView ~FY'2ooi .... .. .. " - . .-. ..... .. . .-."... .... --- ""F'D ..-. "16/31/67 ... No' $15;000 "- ... . ....$0 ..................$01 )Vouthviolence.preveniionprOiec!..........-SBOO2S-YOUth Vi"oitince"Prevention :'FY200S'" ..' .FQ~~!!Qn_-'10701/0f- ',.No......".. ......$306jjoC). $(j" .... ........,$50D.oooi 'n " "~ " ~ ",.,.,_.">__,,, ~,,__, .,. ~,._~__.~_,._,._._ ___,._." .,,~. r_, __.. .__..'v,~ ._ _.______~...._,~~.."._...~.~N _. ,.. .__,_ _. ~...~..~~.., H_ "... ___._~._~..""'.'".~,,'~.~._._ _'.'~"~ --, -_".._.__"".........,.., ., . .W~A'"_~"......,~,, ....,.~."'_.~ $ 12008 Barton Memorial Park $0 '. ~Bikeway/Greenway_..~.. ._m__.~'..._______.._.______-.._....._.__..._ ...., ..... ..... '"'''' -"-'0" '.._,_._'" .... _,_., 'm' ,._,..,. --'" -. ... ......~ i2008 Boat Club Park Renovations 880021 Commissioner McCarty PBC 12/03/07 No . $380,000 $0 $0 ~ ,;; ~ Ji ~ t,.."..---___..._".....__....,...._.___.........._.._,........._...'"..--,_....-,... ..,.....-.-..,...............-,......---... -.........-....'--.-..-............---......... .. .... --.- ........-,'.. ................... .-.........- ...............--.....-...-.....,...................-..............-.....-......-... ...-....,........--i ~2008 ConQress Avenue Barrier-Free Park FL0117 Florida Recreation Development Assistance PrOQram FL 09/16/08 Yes $135,611 $135,611 $0 ~ " (FRDAP) - FY 2009 DEP 1 1200a'senior"centeFcaoitalfriloro'VementsFL0605 Senior Centers Fixed c~Djt~i'outlav'iF"C6)'Proj6ct-='-""F,[Eider '''-02718108'''''165''''-''''$7{496-'' ..... '$138,400"" $(j~ t...... .,.... ,...." ....._,.....,............,.........._....H..........._.. . .....FY 2008 ...._...,..,..........,..........................._ ......................... ..............., ............ ................ ..Aft<;llrl?..... ,.. .,..................-.....,..... ....-...-............,........... ...... .......... .. ....J ;Palmetlo Greens Park Expansion B80018 Transportation Enhancement 2004 FOOT 07/18/08 Yes $440.000 $0 $0 j :( -.. ',,',.. ..'..' .','.. ,---, - . ,.-,....... - .. . ..... , .. "'.' - ; iO'uantum"ParkExOtlc Removal Phas"eii BB0020'PBC Public Lands'Grant'ProQram 2007 PBC 10/29/07 Yes"'''' -......$5;000 .-" '$5,000 $0 l i ~ ~'_'__"""W~'A"__"""'_"~_'_ ._",.,..___._.,-",M~',__'_'_'~__'Y"".""" ,_, .._...~_. m .. "_,,,,'.' __..~. ...._. .____. ^~ .e_' ....-----. . .~. .----....... -., ....., ~_."._."".. Source: eCivis@ Grants Network www.ecivis.com FY200712008 An-ma/ Grants Report Funding Source Report Report Start Date: 10/0112007 End Date: 0913012008 Organization: Boynton Beach Report Date: 10/20/2008 Requested By: Debbie Majors Grants Coordinator majorsd@ci.boynton-beach.fl Information based on all grants designated as awarded during the reporting period Awarded Grants fI!O~i!}~A.g~llC" ~rarits l\'WltftJ Ca$hMatch In~t(i"c;lMatch Foundations 4 $47,000 $0 $0 FL Department of Community Affairs 1 $1,721,252 $0 $562,583 FL Department of Elder Affairs 1 $71,496 $138,400 $0 FL Department of Environmental Protection 1 $135,611 $135,611 $0 FL Department of State 1 $69,978 $0 $0 Florida Department of Law Enforcement 1 $50,000 $50,000 $0 Florida Dept. of Transportation 2 $552,900 $0 $0 Palm Beach County Board of County Commissioners 7 $745,949 $5,000 $500,000 U.S. Department of Housing and Urban Development 1 $543,483 $0 $0 U.S. Department of Justice 2 $6,706 $5,506 $0 Source: eCivis@ Grants Network www.ecivis.com VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM H. AGENDA ITEM REQUEST FORl\.L Requested City Commission Date Final Form Must be Turned ill Requested City Commission Date Final Form Must be Turned ill Meeting Dates to City Clerk's Office Meeting Dates to City Clerk's Office [3J December 16, 2008 December 1,2008 (Noon) o February 17,2009 February 2,2009 (Noon) o January 6, 2009 December 15, 2008 (Noon) o March 3, 2009 February 17, 2009 (Noon) o January 20, 2009 January 5, 2009 (Noon) o March 17,2009 March 2, 2009 (Noon) o February 3, 2009 January 19,2009 (Noon) o April 7,2009 March 16,2009 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [3J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to release the 10% balance of the original letter of Credit #11184 for the Boynton Beach Village Marina issued by City National Bank EXPLANATION: This request represents the completion of all bonded work. Finance currently holds the 10% balance ($73,946.92) of the original letter of credit. All covered work has been field reviewed and accepted. A letter dated 11/11/08 for the release is attached. PROGRAM IMP ACT: N/A FISCAL IMP ACT: 001-0000-220-99-00 ALTERNATIVES: N/A / I / ;' .A -'...." ~tb / If '.~ I / {, '.~ - ;.,'" ~. t \'''"''.~ ~.:...,-~,_.~ ~~-l_ I . Jt-:L, ~", . . / .,.. Department Head's Signature '0 Assistant to City Manager CIM/ Public Works/Engineering Division Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC November 11, 2008 Angelena Quinn City Of Boynton Beach Public Works/Engineering Division P.O. Box 310 Boynton Beach FL 33425 RE: Letter of Credit (#11184) Dear Angelena: Per your letter dated October 8, 2007, I am requesting the release ofthe bonds for the Marina Village project. Letter of Credit # 11184 was reduced last year to $73,964.92. Now that the one- year warrantee period is up please let me know how to have the Letter of Credit closed altogether. I appreciate your assistance with this matter. Regards, 625 Casa Lorna Blvd., Boynton Beach, Florida 33435 Office (561) 703-2185 Fax (561) 742-2206 Email: bsmithif!)wptmarine.com The City of Boynton Beach P.O Bu): _,,' (I Honnor; Beach, Fiorida _1_~4::5-()3jlj PI HLle WORKS DEPARTlfEST FAX /56!1 ~4:-6:&5 H'H .~~ -.bo.i. onIon -beat,j;. 01'.~ ()c~obeY " 2087 - / Brian Srni -:.h T-I1arina \!i llage at 3c}'"n:.::,r: Sea::=-" ,;a """ .- Casa LOITla 31 'v'ci CL:;:t ::; 0 :l:-: :. C::1 - . - -. .. - - ~ea2.r.. , =~ ~-'"'::...)~ Dear 3rian1 We have "'-.0 f" +=- ~ ......0...-...: y"our ., c.r';':::::'~ da:.ed ~...Ug1.1S:' ' ~ 2007 rege.rci:':1g .....____v_~ --.....--- ......-1 reductior.l of ::ne 1 C-~C'- of :::redi:. .t=-..,..- Ma:ci:-...a Villa:::e. 1, _ ~~ J::::ober ...._1..-___ ..;...-.....;... 1"'.::> ~.... 2 I 2007 1"'".r"'i -- ~c.i-o.r or cyea.:.-c. / J.;. ~ ~ ~ ~ /' \ \-1~as appro-\rec DY- 2:'-::( _......~::=> ----......-- \'!"t..l.":"''':'''C'':.' Commission ::0 .oe reduced frora $739,469.23 D~i. 90% to 73/9~6.92. (1n.~-' v.J._= the one-year warran~y period ~as eXDired :.ne ~errlain~nq arne,un '"C of :: .'1 e Dorlds :::an r)e ~eleased. The release \" ill need - " be reaues::ed in . -.......- _v vlri ~ i:1g. ?r.l.ank ::-"OU '\;e~y IT.u::h -~.....- 'T-,~. ,.- pa.':.:.ence ana understanciin'9' - ..., :.n::.s ~'-'- .1 '-...'......- _u pro::ess. you ~ _....~ an}r '=~~"V'~r,.o""- q:ues~ :.ons pJ..ease C3.11 :T~e 742- -- .....co v_ - -- ---...-- -~ ~O):;::: ......~....._. ~..; il-~.,.-C."':< ~T ----'--- ~r ' . ~~- . .~ngeler..a 'Ql.:.ir-.lD _~dmir"is':.ra":i ve p~ssocia::e Ptlbl i:: W8rks/EDqinee~i~3 Di i/'is io:: xc: HO\7-:: Jonr:so:-.:., ::lrj,ance -' - .:=;. _-UIERICl ...... (;.11'1;.'11. \ )' TO TIlE (;[ IfSTJ?E.UI CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 21, 2007 August 6,2007 (Noon.) o October 16, 2007 October I, 2007 (Noon o September 4, 2007 August 20, 2007 (Noon) o November 7, 2007 October 15. 2007 (Noon) o September 18, 2007 September 3, 2007 (Noon) o November 20,2007 November 5,2007 (Noon) ~ October 2, 2007 September 17, 2007 (Noon) o December 4,2007 November 19,2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the reduction of a letter of credit for the Marina Village at Boynton Beach from $739,469.23 by 90% to $73,946.92. A letter dated August 15, 2007 requesting the reduction is attached. EXPLANATION: This request represents the completion of the construction and installation of the required public improvements to support the Project and the necessary terms of the utilities permit. The remaining 10% will be held until the one-year warranty period is complete. PROGRAM IMP ACT: FISCAL IMP ACT: 001-0000-220-99-00 ALTERNATIVES: .. JR"L-- City Manager's Signature Assistant to City Manager Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ." . DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 04-124 TO: : Diane Reese, Finance Director James Cheraf, City Attorney FROM: Laurinda Logan, P.E., Senior Engineer DATE: July 14, 2004 RE: Letter of Credit Marina Village at Boynton Beach Surety for Utility Construction Attached please find the Letter of Credit No. 11184 issued by City Nation Bank in the amount of $739,469.23 from The Related Group. This Letter of Credit is posted to assure construction of water and sewer infrastructure for the above referenced project. The Letter of Credit is in the form prescribed by the City of Boynton Beach, Engineering Design Handbook, Exhibit N-1. Please review in accordance with Chapter 7 of the LDR and, if acceptable, provide notification back to the Utility Dept. and Engineering Division of Public Works. Please feel free to contact me at ext. 6482 if you have any questions or require additional information. LUrc Cc: Peter V. Mazzella, Deputy Director, Utilities Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail) H. David Kelley, Jr., P.E.I P.S.M., City Engineer, Public Works/Engineering (via e-mail) Kenneth Hall, Engineering Plans Analyst, Public Works/Engineering (via e-mail) File S:\Engineering\Office Associates File\Logan\Marina Village at Boynton Beach-Letter of Credit.doc City National Bank lelf 305 577-7212 0 F F L 0 R I D A Fax 305 577-7402 CLEAN IRREVOCABLE LETTER OF CREDIT NO. 11184 July 2, 2004 TO: City Commission of Boynton Beach c/o City Engineer, Agent for the City 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Attn: Laurinda Logan Te1:56 1-742-6482 Fax:56l-742-6285 RE: Our Letter of Credit NO.lll84 Land Development Permit No. 4685 Plat: Marina Village at Boynton Beach Aggregate AmountUSD739,469.23 Expiration Date: June 30,2005 We hereby open our Clean Irrevocable Letter of Credit No. 11184 in favor of the City of Boynton Beach, Florida ("City") for the initial amount of Seven Hundred and Thirty Nine Thousand Fopur Hundred Sixty Nine and 23/100 US Dollars ($739,469.23) effective as of this date, which shall remain effective until released by a Resolution adopted by the City Commission at a regular City Commission scheduled meeting. This Letter of Credit is issued pursuant to the terms of that certain Utility Permit (hereinafter, "Permit"), issued to TRG-Boynton Beach, as Developer, by the City of Boynton Beach, Florida, to a project to be known as Marina Village at Boynton Beach (hereinafter, called the "Project"), and to construct and install the required public improvements to support the Project subsequent to recordation of said plat for the Project pursuant to the terms of the Permit. This Letter of Credit, however, is independent of said Permit and reference herein is for information only. The initial amount of funds available under this Letter of Credit and stated above be reduced from time to time by the City Engineer, as the agent for the City of Boynton Beach, in accordance with the requirements of the Subdivision, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations. We hereby agree that such reduction shall not be effective until we have furnished a written amendment to this Letter of Credit. Such amendment shall reference this Letter of Credit as well as the Permit Number and Project Name, as set out herein. and the new amount requested. .:\ Funds under this Letter of Credit are available to the City bereunder, not to exceed ~ current available amount subsequent to any authorized reductions of this Credit against , ! Continue on PaQ;e :2 of:2 I ....... " i 25 W. Flagler Street, Miami, Florida 33130 305-577 -7333 305-577-7460 Fax WWw.CitynJ.tional.com , CITY NATIONAL BANK OF FLORIDA Clean Irrevocable Letter of Credit No. 11184 (page 2 of 2) the City's demand, by its authorized agent named above, for payment to us mentioning our Letter of Credit No. 11184. When the City's demand for payment is received at City National Bank of Florida, 25 West Flagler Street, International Dept. Miami, Florida 33130 on or prior to the Expiration Date, it will be promptly honored. Venue for any and all legal actions necessary to enforce the terms of this Letter of Credit shall be in Palm Beach County, Florida. Except as is inconsistent with the express provisions hereof, this Letter of Credit is subject to the Uniform Customs and Practices For Documentary Credits (1993 Revisions), International Chamber of Commerce Publication No. 500. Kindly address all correspondence regarding this Letter of Credit to the attention of Letter of Credit Department mentioning specifically our Credit Number 11184. al Bank of Florida David Helme, EVP. Chief Credit Officer 11184 pf ;IDate:.ApriI6th,20~ A. WATER DISTRIBUTION SYSTEM ITEM # DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST 1 12" D.I.P Water main wI appurtenances 310 LF $60.00 $18,600.00 2 10" D.I.P Water main wI appurtenances 35 LF $57.00 $1,995.00 3 8" D.I.P. Fire Line wI appurtenances 185 LF $53.00 $9,805.00 4 6" D.I.P Water main wI appurtenances 248 LF $50.00 $12,400.00 5 4" DIP Water main wI appurtenances 57 LF $49.00 $2,793.00 6 Connect to existing service 1 LS $950.00 $950.00 7 Fire Hydrants assembly wI appurtenances 5 EA $3,375.00 $16,875.00 8 6" Wtr. Service, Meter & Backflow Preventer in Vault 1 EA $20,150.00 $20,150.00 9 8" Fire Line wI DDCV 1 EA $10,950.00 $10,950.00 10 1 1/2" Wtr. Service, Meter and Backflow Preventer (Irrigc 1 EA $1,400.00 $1,400.00 11 12" Gate valve 1 EA $1,815.00 $1,815.00 12 6" Gate valve 2 EA $875.00 $1,750.00 13 1" Type "K" Copper Wtr. Service 1 EA $1,000.00 $1,000.00 14 11/2" Type "K" Copper Wtr. Service 1 EA $1,500.00 $1,500.00 15 2" Type "K" Copper Wtr. Service wI Ball Corp. Stop 2 EA $2,200.00 $4,400.00 16 Relocate Ex. Wtr. Service 1 EA $750.00 $750.00 17 5/8" Water Meter Boxes 11 EA $325.00 $3,575.00 18 Fill & Flush connection 1 EA $1,500.00 $1,500.00 19 Sample Points 12 EA $300.00 $3,600.00 Off-Site Improvements 1 Watermain upgrade from 10" D.I.P. to 12" D.I.P. 872 LF $3.00 $2,616.00 SUBTOTAL WATER $118,424.00 B. SANITARY SEWER SYSTEM ITEM # DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST 1 8" DIP Sanitary Sewer Main (8 - 10' CUT) 35 LF $115.00 $4,025.00 2 24" DIP Sanitary Sewer Main (12 - 14' CUT) 453 LF $200.00 $90,600.00 3 4' Dia. Manhole (8 - 10' DEEP) 2 EA $5,325.00 $10,650.00 4 5' Dia. Manhole (12 - 14' DEEP) 4 EA $10,875.00 $43,500.00 5 5' Dia. Manhole (12 - 14' DEEP) - Drop 1 EA $13,600.00 $13,600.00 6 8" PVC Single Sewer Service 1 EA $3,400.00 $3,400.00 7 12" PVC Single Sewer Service 1 EA $3,900.00 $3,900.00 8 6" PVC Single Sewer Service into Prop. Manhole 1 EA $2,025.00 $2,025.00 9 Grout exist. 24" VCP Sanitary Sewer 320 LF $26.00 $8,320.00 Off-Site Improvements 1 24" D!P Sanitary Sewer Main (12 - 14' CUT) ~o') '''' $200.00 $36,600.00 IU.... L..., 2 5' Dia. Manhole (12 - 14' DEEP) 2 EA $10,875.00 $21,750.00 3 Core Hole & Connect to Exist. 1 LS $1,000.00 $1,000.00 SUBTOTAL SANITARY SEWER $239,370.00 1J_.l~:V"';.. ..~.:;. 't:!l~iEij.,~lih~~ih'.:~~~':' C. PAVING AND DRAINAGE ITEM # DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST 1 3/4" Type S-III Asphalt wI Prime (1st lift) 2555 SY $3.20 $8,176.00 2 3/4" Type S-1I1 Asphalt wI Tack (2nd lift) 2555 SY $3.20 $8,176.00 3 Concrete Paver blocks (Sidewalk) 1225 SY $20.50 $25,112.50 4 8" Limerock Base 4090 SY $8.00 $32,720.00 5 6" Limerock Base (Sidewalks) 1425 SY $6.50 $9,262.50 6 12" Compacted Subgrade 4260 SY $3.00 $12,780.00 7 Type S-III Asphalt wI Prime (Casa Loma Blvd) **......* 1430 SY $3.20 $4,576.00 8 Concrete Paver blocks (Cul-de-Sac & Overlook) 1365 SY $20.50 $27,982.50 9 Type "F" Curb & Gutter 1225 LF $10.50 $12,862.50 10 Type "0" Curb 555 LF $7.50 $4,162.50 11 Valley Gutter 325 LF $8.25 $2,681.25 12 15" HOPE 117 LF $45.00 $5,265.00 13 15" Perf. HOPE in Exfiltration Trench 145 LF $60.00 $8,700.00 15 24" HOPE 92 LF $63.00 $5,796.00 16 30" HOPE 533 LF $65.00 $34,645.00 17 36" HOPE 74 LF $97.00 $7,178.00 18 18" PVC 27 LF $45.00 $1,215.00 19 24" PVC 44 LF $105.00 $4,620.00 20 4' Dia. Manhole 2 EA $2,610.00 $5,220.00 21 4' Dia. Inlet 1 EA $2,610.00 $2,610.00 22 5' Dia. Manhole 8 EA $3,075.00 $24,600.00 23 6' Square Inlet 1 EA $5,600.00 $5,600.00 24 6' Dia. Manhole 2 EA $5,600.00 $11,200.00 25 P-10 Inlet 6 EA $3,125.00 $18,750.00 26 Control Structure 1 EA $3,910.00 $3,910.00 27 Connect to Existing Drainage structure 1 LS $1,650.00 $1,650.00 28 Pavement Marking & Signage 1 LS $25,000.00 $25,000.00 SUBTOTAL PAVING AND DRAINAGE $314,450.75 TOTAL $612,244.15 Clifford R. Loutan, P.E. VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM I. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8J December 16, 2008 December 1, 2008 (Noon) o February 17.2009 February 2, 2009 (Noon) o January 6. 2009 December 15,2008 (Noon) o March 3, 2009 February 17.2009 (Noon) o January 20, 2009 January 5, 2009 (Noon) o March 17, 2009 March 2. 2009 (Noon) o February 3, 2009 January 19,2009 (Noon) o April 7. 2009 March 16,2009 (Noon) 0 E! n-'i CO ::::j~ :z: --<'~ 0 0 0 <:: .;-) Announcements/Presentations City Manager's Report - roo rrl-o NATURE OF 0 Administrative 0 New Business -oJ ;<j -< ~==: AGENDA ITEM [8J Consent Agenda 0 Legal :Eao v,..,-04 ::z '0 0 Code Compliance & Legal Settlements 0 Unfmished Business - 0% - :;:l1lD .. 0 Public Hearing 0 0 C"J',rrl .- ,!l> fTle) ....... -- RECOMMENDATION: Motion to approve the purchase of 10 In-Car Video Camera Systems, to be placed in the Chevrolet Impala Patrol Cars, from Digital Ally, Inc in the amount of $41,250. EXPLANATION: Video cameras mounted in Patrol Cars, along with Wireless Microphones capture events such as Traffic Stops, Pursuits and other Police activities. Digital Ally is an existing vendor whose cameras and recording devices are self contained in the rearview mirror, making them ideal for the Chevrolet Impala's due to the lack of trunk/cargo space available in these vehicles. The Police Department currently has 17 of these cameras already deployed. The video is saved to a flash card and when full is transferred to a Digital Media Manager database system located in Evidence for storage and retrieval. The data on the flash cards created by these cameras systems is specific to the Digital Media Manager. If we were to use another camera in the cars, the data created would not be compatible with the Digital Media Manager. Due to the proprietary nature of the Digital Media Manager database application, Digital Ally is the only suitable vendor. PROGRAM IMP ACT: Video cameras in Patrol Cars are a valuable tool, used to corroborate both spoken and visual events. These videos are used as evidence in court for cases such as DUI type traffic stops. These videos have also been used to defend an Officer's action, or discipline them for inappropriate behavior. FISCAL IMPACT: $41,250 out of our General Equipment Account. This amount has been approved in the 2008- 2009 budget. ALTERNATIVES: Np,ne Jd~ 'J / 411J,~J1~~ I { Department Head's SIgnature City Manager's Signature j!A~.l~ PROCUREMENT , i S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC ~r\\ CITY OF BOYNTON BEACH, FLORIDA " INTER-OFFICE MEMORANDUM .-----.__. TO: Sarah Byers DATE 11/]3/2008 FILF: SUBJECT D]gltal Allv Sole Vendor Jusufication FROM: Doug Solomon REFERENCES: ENCLOSURES: ----- Please accept this memo as justification for only using Digital Ally as our vendor for in car video cameras, and not investigating other vendors who sell these systems. Digital Ally is an existing vendor of in car video cameras, currently outfitted in 15 police cars. We would like to purchase 10 additional cameras to replace obsolete and broken Kustom Signal video cameras. It should be noted that the Digital Ally Video cameras are approximately $1600 less than the Kustom Signal cameras being replaced. As is stated in the agenda request form, Digital Ally's system is self contained in the rear view milTor, and writes all the captured video to a flash card embedded in the mirror. When the flash card is full, or when an event occurs (for example a DUI arrest), the flash card is turned in as Evidence. Once in Evidence, these flash cards are uploaded to a proprietary database program known as a Digital Media Manager. Embedded in the video is computer code known as metadata. This metadata stores all types of data that is part of the video. Included in this data are things such as every time the vehicle brakes, if turn signals are used, if the lights and sirens are engaged, the speed the police vehicle is traveling, the date and time of the event, the officer's ID, and the vehicle number. This metadata also includes GPS data that allows the officer to "mark" a location, so if they are pursuing someone and see the suspect toss a gun or drugs out the window, they can mark the location. This allows them to go back to that spot after the pursuit is over to retrieve the item/s tossed. After everything on the flash card (video, audio, and metadata) is uploaded to the Digital Media Manager, it is put into Digital Ally's proprietary database. From the database, we are able to perform searches for events based on things such as date, vehicle number, officer, and other criteria associated with the metadata. \Ve are also able to export the video and all the information for the events to DVD to send to the States Attorney or Defendant Attorneys to be used in court. All the video, audio and metadata created by these cameras systems and written to the flash cards are specific to the Digital Media Manager. If we were to use another camera in the cars, the data created would not be compatible with the Digital Ally Digital Media Manager. So even if the cameras were less expensive, we would have to purchase additional software and hardware to upload, store and retrieve the video. Please contact me with any questions. PURCHASE REQUISIT~ :JBR: 0000047507 STATUS: DEPT APPROVAL 10/16/08 REQUISITION BY: POLICE REASON: REPLACEMENT OF IN CAR CAMERAS DATE: SHIP TO LOCATION: POLICE SUGGESTED VENDOR: DIGITAL-ALLY INC. DELIVER BY DATE: 10/16/08 LINE UNIT EXTEND NBR DESCRIPTION QUANTITY UOM COST COST VENDOR PART NUMBER ------------------------------,-----~------------------------------------------------------------------------------------------------ 1 AS PER QUOTE #BBPD-10 ATTACHED 1. 00 EA 41250.0000 41250.00 DIGITAL-ALLY, INC. 7311 W. 13 OTH STREET SUITE 170 OVERLAND PARK, KS 66213 1-800-440-4947 ***PLS. RETURN PO TO PD****(DOUG SOLOMON) ***EXISTING VENDOR - MUST BE CONPATIBLE WITH EXISTING IN-CAR CAMERAS COMMODITY: EQUIP MAINT & REPAIR SERV SUBCOMMOD: POLICE EQUIP & SUPPLIES REQUISITION TOTAL: 41250.00 -----------.------------------------------------------------------------------------------------------------------------------------- A C C 0 U N T I N FOR MAT ION LINE # ACCOUNT PROJECT % AMOUNT 1 00121105216402 MACHINERY AND EQUIPMENT 100.00 41250.00 GENERAL EQUIPMENT 41250.00 REQUISITION IS IN THE CURRENT FISCAL YEAR. ~.. -' fefZif jog - ".:=:""L ... ~.==:. .~ -. 1 ... ... . .I" .,'~ , "I ..I ... . .... '~'!::;;~. Digital-Ally'::- . - Bill To: Boynton Beach Police Dept Ship To: Boynton Beach Police Dept fnd User Boynton Beacr Police Der Doug Solomon Doug Solomon Uoug Saloma, lOOSE Boynton Beach Blvd. lOOSE Boynton Beach Blvd. lOOSE Boynton Beach Blvd Boynton Beach, FL 33435 Boynton Beach, FL 33435 Bovnton Beach. FL 33435 Phone: 561-742-6171 Phone: 561-742-6171 Phone ')61-742-6171 Fax: 561-742-6841 Fax: 561-742-6841 Fax 561-742-6841 SolomonD@ci.boynton-beach.fl.u Solomon D@ci.boynton-beachJI.us Solomon D@cl.boynton-beach.fI.us ~, .._~ Customer PO# Payment Salespersuli Terms 30 __'___' Tr~LMc~_?y Qty Item # Description Unit Price Line Total ~ .... --.. ,,-,-,'_.-_._--.-,,- -"','-~"""-"---''''''-''-''''''~'''''''''<'- $3.99S0a-'--------'-1'"1-----'-mso 00 " fOO 1-0S00 /DVM-500 Digital Video Mirror Kit r integrated 3.5" TFT Color Monitor Rear Camera GPS System 900 MHz Transceiver Speaker and Internal Microphone 900 MHz Wireless Mic Kit 120x Zoom Digital Color Camera 4GB High Speed CF Card Mounts & Cables Operating Manual Basic Video Manager Software 2-Year Warranty Software & DVM Wireless Microphone & Accessories '''''100]:.0901' fExtr~ wir~ophone Kit, 900 MHz .,.,,,...,--""...',"""""'-_:~,'""..,-,-'..',",,.-, ''''_.~4''-,'.''''''''~,. ,..,.,...,,~'''~'''_.~._.A'.''''.... '~.......".._..'^ $26S.00; 900 MHz Wireless Mic Desktop Charger Lapel Microphone Belt Clip Digital Ally, Inc. 7311 W. 130th Street, Suite 170, Overland Park, KS 66213 Phone 800,440,4947 Fax 913.814.7775 Emai/: sales@digitalallyinc.com Website: www.digitalallyinc.com IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk' 5 Office c=J August 19,2008 August 4, 2008 GNoon) o October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 GNoon) o November 5, 2008 October 20,2008 (Noon) 0 September 18, 2008 September 2,2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15,2008 GNoon) [gI Dece~ber 2, 2008 ~ November 17, 2008 GNoon) ~p\~ tp 1)ec.l(P 0 Announcements/Presentati ons [gI City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM c=J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing c=J RECOMMENDATION: To consider options on disposal of the 1927 Old High School. EXPLANATION: At the October 21, 2008 City Commission meeting, the Commission requested additional information from staff on methods for disposal of the Old High School. On October 7, 2008 the City Commission authorized taking the building back from the Boynton Beach CRA. Here are the disposal options: I. Lease of the property to a non-profit. 2. Lease of the property to a private developer 3. Lease of the property to another governmental entity 4. Sale of the property to a non-profit 5. Sale of the property to a private developer 6. Sale of property to another governmental entity 7. Conveyance of property to a non-profit 8. Conveyance of the property to a private developer 9. Conveyance of the property to a another governmental entity 10. Use of the property by the City II. Demolition of the property by the City 12. Continued Use of the property by the City of Boynton Beach i.e. City Offices Leasing city property can be accomplished through a request for proposal or direct negotiations with a party selected by the City Commission. Sale or conveyance of the Old High School must follow the provisions of section 2-56 (c) of the City Code as follows: (cl Real property. With regard to the sale of any real estate owned by the city, regardless of the estimated value thereof, 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 offour-fifths (4/5) of the city commission. After such appraisal shall have been completed and a fair market value determined, the property may be sold: 1. To the owner of adjacent developed property if the city property is to be used by the adjacent property owner as: S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM A. Buffer, or B. For an extension of the use to which the adjacent property (J'wner is using the adjacent property at the time uf sale.' or 7 To the highest bidder following a competitive bidding process as established by the city administration. (Ord No. 90-54, ,93,11-20-90: Ord No. 97-45, S 1,9-2-97: Ord No. 01-66,9 1,1-2-02; Ord No. 03-002,.9 I, 2-I8-U3) Please note the language that requires a 4/5ths vote of the City Commission to sell property at less than fair market value. For purposes of this analysis, conveyance of the Old High School is assumed at a value of less than fair market value meaning that any conveyance would require a 4/5ths vote. In either case, the terms of the sale or conveyance can inc lude a reverter clause. a right of first refusal to buy the parcel back etc. Demolition of the Old High School may be authorized by a simple majority vote, However, staff has not completed a title search to determine if there is any reversion clause back to the former property owner, the School District of Palm Beach County. PROGRAM IMP ACT: The CRA Downtown Master Plan, brought before the City Commission on April 15,2008, identifies Ocean Avenue as a potential Cultural Corridor that would bring a new identity and meaningful sense of place to the district Envisioned Cultural and Civic Campuses anchor the west end of the corridor at Ocean Ave. and Seacrest Blvd., and anchored at the east end is a pedestrian and retail hub which acts as a gateway to the planned Transit Oriented Development District (TOD). The Cultural Campus includes adaptive reuse of the core structure of the Old Boynton Beach High School, adding charm and distinction. and establishing a unique identity. Possible uses identified in the Master Plan include cultural offices. art studio incubator, artist studio space and galleries. There were also previous studies that incorporated the Old High School and they are summarized as follows: Boynton Beach 20/20 Redevelopment Master Plan - September 1998: This plan retained the Old High School as a "Civil.' Building" and eliminated the old Civic Center across the street. Old High School Task Force Report - December 2003 - This report recommended that the Old High School be renovated/rehabilitated and that the Task Force be given the opportunity to identify users, develop a use allocation plan. design an area master plan and design a Business Plan Performa including sources of capital. Ocean District Community Redevelopment Plan - February 2004 - This plan included options to either retain or remove the Old High School. Most alternatives suggested its removal, except for Alternative 5 which was the proposed School House Museum, with the High School building being preserved and rehabilitated, Town Square Plan - January 2005 - This plan included two alternatives regarding the Old High SchooL Alternative] included preservation of the Old High School at a cost of$5.2 M, to be used as a future cultural facility with a new community center, Alternative 2 recommended demolition ofthe Old High School and construction of a larger. multi- purpose community center and cultural facility. Comparative Information from Palm Beach County and the City of Delray Beach: Palm Beach County Court House: In the case of the Old Court House, the County maintains ownership of the building and property but leases a portion of the building to a non-profit organization. The total project cost was $24M, with the restoration being funded in its entirety by Palm Beach County through a Public Facilities Improvements Bond Issue (there were two grants from the State totaling approximately $656,000). The build-out of the Museum cost an additional $].5 M. (not included in the $24M) and was also funded by the County through a separate Recreational and Cultural Facilities Bond S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Issue. The County is responsible for annual operation and maintenance of the facility totaling $69,515 and for annual utility costs of$129,484. Old School Square, Delray Beach: In the case of Old School Square, the property is owned by the City of Delray Beach and is leased to Old School Square a 501 c(3) organization. The FY 2007-08 expenses for Old School Square was $2.0M. The City contributed $205,000 and the CRA contributed $210,000 toward this amount. The balance ofthe funds not paid by the City or CRA comes from memberships, fund raising campaigns, sponsorships, state and county grants, endowment income, rental fees, ticket income and other sources. The City of Delray Beach maintains exterior features of the building including landscaping, lighting, air conditioning, roofs, walkways etc. The Old School Square organization is responsible for interior maintenance and is responsible for activity programming for the building and site. OPTIONS: Lease or sale of the building to an outside organization. Conveyance of building at no cost to an outside organization. Use ofthe building by the City Demolition of the building Status quo FISCAL IMP ACT: The City currently has budgeted: $625,000 - Demolition of building $ 22,000 - Insurance on building for FY 08-09 $ 20,000 - Maintenance on building for FY 08-09 It is estimated that the staff time for preparing an RFP or lease agreement and making a recommendation for the use of the building by an outside party wi1\ cost approximately $25,000 in staff and legal time. A staff team will be assembled to facilitate the process. A TT ACHMENTS: I.) Regular City Commission Meeting - December 2, 2003 Minutes - Old High School Task Force Report 2.) Regular City Commission Meeting - February 17,2004 Minutes - Ocean District Community Redevelopment Plan. 3.) City Commission Workshop - January 31, 2005 Minutes - Town Square Report. 4.) Regular City Commission Meeting - March 1,2005 Minutes - CRA to take ownership of Old High School. 5.) Regular City Commission Meeting - April 15,2008 Minutes - CRA Downtown Master Plan. Department Head's Signature ~-. City Manager's Signature Assistant to City Manager CfvvL- City Manager's Office Department Name City Attorney / Finance S'\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC Meeting Minutes \TTACW\1ENT # I Regular City Commission Meeting Boynton Beach, Florida December 2, 2003 Mr. Perry said they were in agreement with that. Motion Commissioner Ensler moved to approve the Second Amended Mediation Agreement subject to reducing the tables in the Overlook area to 10 tables and the maintenance of the spaces in the garage as written into the record by Attorney Cherof. Commissioner McKoy seconded the motion. City Manager Bressner explained that yesterday the City received a letter dated December 1 st from the Related Group of Florida concerning the sale of the Marina slips in terms of the ownership issues. He requested authorization to sign that letter as part of the approval of the Agreement. He asked whether the maker of the motion would amend his motion to include authorizing the City Manager to sign a letter dated December 1, 2003, from the Related Group of Florida regarding the sale of Marina boat slips in the Marina Village at Boynton Beach Marina Condominium. Commissioners Ensler and McKoy accepted the amendment. ~ Motion was carried unanimously. Mr. Perry thanked the City and staff. Carlos Rosso from the Related Group stated that they have submitted drawings for building permits and as soon as they receive the permits, they are ready to begin construction. The meeting was recessed at 8:15 p.m. and reconvened at 8:27 p.m. IX. CITY MANAGER'S REPORT: City Manager Bressner announced that Firefighter Steven Wojciechowski had passed away after a very lengthy illness and his thoughts were with his family. A. Review report of Old High School Task Force City Manager Bressner said that this item comes to the Commission as a result of Commission action earlier in 2003. The prior Commission was struggling with the decision of what to do with the High School. The recommendation from City staff was to demolish the building and there were recommendations from the public to save it. Doug Hutchinson, CRA Director, suggested that a Task Force be created. The Task Force 'oVorked veri long and hard. Tney retained the services of a consultant who specializes in dealing with difficult buildings and historic buildings. Doug Hutchinson, CRA Director, announced the members of the Task Force. In addition to himself, they are Don Fenton, William Orlove, Arleen Dennison, Henderson 1illman, Ron 17 Meeting Minutes Regular City Commission Meeting Boynton Beach. Florida December 2. 2003 Weiland and Taryn Wheat. Dale Sugerman also sat in on some meetings for staff input. Mr. Hutchinson thanked the Task Force for the many hours they put in over the past year. They submitted a full report to the City Commission. Copies of the report and a full report from the consultant are available in the CRA Office and the Library. When the Task Force selected the consultant, they wanted to ensure that not only did the consultant have the specialized skills but also that they had no previous ties to the City or this project. They retained the services of Bender & Associates from Key West. The Task Force recommends the following: ~ That the City accept the recommendations of Bender & Associates to renovate/rehab the structure and not remove it ~ That the Phase I stabilization plan recommended by Bender & Associates is accepted and that the City allocates funds not to exceed $250,000 towards that plan ~ That the City Commission grants the High School Task Force the opportunity to identify users, develop a use allocation plan, design an area master plan for the building as it relates to the immediate area including City Hall and the Children's Museum, and design a Business Plan Performa including sources of capital Bert Bender, President of Bender It Associates, explained that his team of professionals included environmental specialists, engineers, architects, and structural, mechanical and electrical engineers. They spent four days going through the building. After going through the structure and reviewing the prior reports, they found that it was a structurally sound building that is a prime candidate for a rehabilitation effort. The building has a lot of character and significance to the community. They are making a recommendation to rehabilitate and restore the building and preserve it for use within the community. Mr. Bender said that his firm specializes in historic restoration of existing buildings and does work on existing buildings that are non-historic as well. Under Phase 2, the report states "Plumbing price assumes re-use of fixtures." Mayor Taylor asked whether it was possible to re-use the fixtures. Mr. Bender said that it was possible depending on the use of the building. Mr. Hutchinson explained that the Task Force did not spend a lot of time on the design or the asbestos issue. If the building is saved, the asbestos can be dealt with very easily. If the building is torn down, it is more expensive to deal with the asbestos. The asbestos issue did not drive whether the building should be torn down or not. Mr. Bender explained that he had received several telephone calls regarding asbestos. There is an overabundance of concern regarding asbestos. It is not harmful unless airborne. Then it becomes an issue. The environmental engineer gave a report that said that if the building is demolished, the asbestos must be abated before demolition. If the building is restored, what little bit of asbestos might be in the plaster can be encapsulated simply by cleaning and painting the walls. The asbestos that they know exists is in the floor tiles. But by simply cleaning and 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 2. 2003 waxing the tiles, the asbestos will be encapsulated. If you choose to remove the tile, you must abate asbestos. The other options are to simply maintain it or cover it with something. If it is carpeted, then it is encapsulated. Commissioner Ensler asked whether the five samples that were taken were from floor tiles, walls or insulation. Mr. Bender replied that the five samples that he was referring to were only plaster samples. Four were negative. The fifth one was positive with greater than 1% asbestos. Commissioner Ensler asked what it would take to do a follow-up report. Mr. Bender responded that it would cost $3,250. City Manager Bressner thought that it was clear that the building can be saved per the report. One of the issues to consider is how much of the building should be saved. The building is approximately 28,000 square feet. The front portion of the building is the classroom building. The back portion is the gymnasium area. There is no exact age for the gymnasium but it is not quite as old. He asked the consultant whether the costs are equal to refurbish the front portion and the rear. Mr. Bender said that the rough costs are equal, whether dealing with the gymnasium portion or the front portion. The gymnasium is a very significant part of the building and to remove it destroys the historic significance of the building. City Manager Bressner identified the following five alternatives that the Commission may want to consider: 1. Follow the Task Force's Recommendation to stabilize the building at a cost of approximately $250,000 at this time and request that the Task Force continue its work to include a report as to adaptive re-use options for the building at a cost of approximately $50,000. This would require a budget amendment as the current budget has $50,000 in it for this fiscal year. 2. Proceed with the asbestos abatement study for $3,250 before authorizing the stabilization of the building so that an informed decision can be made. He felt that this was important. 3. Hold the discussion of the project until the City Commission concludes discussion on Capital Improvement priorities that is scheduled for December 19th. 4. Authorize staff to obtain an additional opinion on the building condition. This goes back to a report provided by the Risk Manager. 5. Go with the asbestos abatement study and roll this into conversation regarding capital improvements before authorizing stabilization of the building. Get some ideas from the Commission and the community regarding types of uses. 19 Meeting Minutes Regular City Commission Meeting December 2. 2003 Bovnton Beach, Florida Commissioner Ensler felt that the 5th alternative made sense to him. Then, the Commission could better understand what it is that the building could be used for. Commissioner McCray thought that they should complete the asbestos study. He would need an estimate on how much it would cost for a second opinion. He is in favor of saving the building. Mayor Taylor agreed with the asbestos study and asked how long it would take. Mr. Bender said that they could have a preliminary report before Christmas. City Manager Bressner said that the other issue is whether lead paint was used on the premises and what type of abatement might be necessary for that. Mr. Bender said that this may already be in the proposal but he will confirm that. Motion Vice Mayor Ferguson made a motion to go ahead with the asbestos and the lead study at a cost not to exceed $6,000. Commissioner Ensler seconded the motion that carried unanimously. Mayor Taylor asked whether the estimated $250,000 to stabilize the building was in the budget. City Manager Bressner said that the money is available in the capital projects fund but it would need to be allocated for this project and that would require Commission action. Mr. Hutchinson pointed out that the Task Force recommended not to exceed $250,000 because they felt that the rest of the studies could be included in that figure. So, it would not be $250,000 plus $50,000. It would be $250,000 total for stabilization and re-use. Harvey Oyer, Jr., 512 N. Seacrest Boulevard, stated that he graduated from the High School in 1944. The tile that was referred to was put on after World War II and covers wood floors. His understanding of the damage to the gymnasium was that it was caused by roof beams that were not reinforced with concrete. This has since been corrected. He previously headed up a Task Force from the Boynton Historical Society and they raised quite a bit of money. They hired an architect and had a set of detailed plans. If this building is visioned by the City as being a cultural center, it would anchor one end of Ocean Avenue with the Marina development. This school originally had students from the Atlantic Ocean to 441 and from the Delray Beach City limits to Lantana. He felt that these people need to be included in the planning for the uses of this building. He thought that the building should be preserved and put to a cultural use. Mr. Oyer felt that the present Task Force is stacked with eRA members. No one on the Historical Society had any input. For the maximum benefit to the community and the least cost to taxpayers, a committee should be set up to obtain grants and donations. He said that people will not donate money to provide government offices. 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida December 2. 2003 Hillery Lynch, 28 Country Road, is President of the Boynton Cultural Center that oversees the Schoolhouse Children's Museum. They have had two incredible years with the Museum. The Board spent a lot of time strategically planning for where they see themselves going. The High School is an integral part of that growth. The Board is glad that the High School building will hopefully remain. She requested that the Commission include the Boynton Cultural Center as part of the Task Force for the future use of that building. B. Discussion of additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 City Manager Bressner explained that State Statute allows local governments to authorize up to an additional $25,000 property tax assessment exemption to income eligible senior citizens. The basic criteria are that senior citizens are permanent residents and property owners who are at least 65 years old and have a household income of $20,000, which was then adjusted for inflation. The current adjusted number is $21,599. Earlier this year Palm Beach County enacted legislation for County year 2004. Several municipalities have authorized this. The time line is that in order to be effective for 2004, a decision was necessary by December 1st. If the Commission is interested in proceeding with this, consideration would need to take place in calendar year 2004 and a resolution adopted prior to December 1, 2004 for implementation in 2005. The County will have a data base using the same income eligibility criteria that the City would use. The City could utilize their methodology. They will have much of the eligibility issues and number of individuals identified so that the Commission can made an informed decision as to whether they wish to go forward with this program. He did not know what fiscal impact this would have on the City. Information he received from other jurisdictions indicates that the impact is not known to be significant. It was the consensus of the Commission to put this item on an active agenda for May 2004. X. FUTURE AGENDA ITEMS: A. Discussion of rotation of CRA Chair (December 16, 2003) B. Joint meeting with Commission and CRA on Development Issues (December 17, 2003 - 5:30 p.m. - Conference Room C - West Wing) C. City Commission Capital Improvement Workshop (December 19, 2003 - 9:00 a.m. - Conference Room C - West Wing) D. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (January 6, 2004) E. Strategic Planning Session (January 2004) 21 A TT ACHMENT # 2 Meeting Minutes Regular City Commission Meeting Februarv 17. 2004 Boynton Beach. Florida Commissioner Ensler asked whether the proposed construction would meet all hurricane standards. Mr. Rumpf replied that it would have to in order to be permitted. Motion Vice Mayor Ferguson seconded the motion that Commissioner McCray moved to approve. carried unanimously. F. Approve a donation of $4,000 to the Boy Scouts of America from the forfeiture fund Commissioner McCray clarified that this donation was being made to the Gulfstream Council in Palm Beach County and funds would be used for all scouts located in the Boynton Beach area. Motion Commissioner McCray moved for approval. Commissioner McKoy seconded the motion that carried unanimously. VII. CODE COMPUANCE . LEGAL SETTLEMENTS: A. Motion to pay settlement from court ordered mediation in the amount of $15,000 to Peter Ebbole (slip and fall) Motion Vice Mayor Ferguson moved to approve. Commissioner McCray seconded the motion that carried unanimously. VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Presentation of the Ocean District Community Redevelopment Plan (TABLED TO 02/~7/D4) (Proposed Ordinance No. 04-003) Motion Commissioner McCray made a motion to remove the item from the table. Commissioner McKoy seconded the motion that carried unanimously. Quintus Greene, Director of Development, presented the Plan in the absence of the project manager, Margelly Beltran. The Ocean District is bounded on the north by NE 3rd Avenue, on the west by Seacrest Boulevard, on the south by SE 2nd Avenue and on the east by the FEC Railroad. This is the third of five segmented updates of the CRA Plan. The first segment was the Federal Highway Corridor and the second was the Heart of Boynton. The purpose of the Plan is to revitalize the downtown area of Boynton Beach and present a desirable place to live and work. It also provides recommendations that would facilitate the creation of a new image of mixed uses for the civic and cultural center of the area. Staff looked first at the existing conditions in the area. Some of the strengths of the area include the cluster of civic and cultural activities, the proximity to the Marina and Federal 13 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida Februarv 17. 2004 Highway and the retail potential along Boynton Beach Boulevard. The area also had some liabilities, including the railroad on the eastern boundary, some M-1 industrial uses and poor pedestrian connections in the area. Mr. Greene explained that there were two in-house visioning sessions with City staff. They also held two public workshops for property owners and residents in the area. Staff provided three broad plans and divided them each into quadrants. Residents were asked to pick from the different plans. It evolved into two broad planning themes. Both were very similar with one major difference. That difference occurred in the northwest quadrant of the plan. The public was split 50-50 on whether the old high school should remain or not. Staff is therefore presenting both plans. Alternative 4 is the existing Town Square Plan. It presents the opportunity for the library expansion, a new civic center auditorium, a new parking structure and a pedestrian link between City Hall and the Ubrary. Alternative 5 has many of the same elements except it has the old high school being refurbished. It would result in moving the parking structure to the west. There would be no pedestrian corridor. However, it would allow for the expansion of the Library, a new civic center and a new parking structure at the southern end. One of the things very apparent to staff was that there is an acute shortage of space relative to City facilities, particularly in City Hall. There would probably be a need for some kind of public building. Staff's recommendation is that this new public building should be located at the northeast corner of Seacrest and Boynton Beach Boulevards. This would frame the entrance to downtown. To link these two publiC buildings, they are proposing a skywalk that would traverse Boynton Beach Boulevard. They would recommend that Boynton Beach Boulevard have a median installed to enhance landscaping and would encourage mixed-use development along the sides. A few years ago Ocean Avenue between SE 1st Street and Federal Highway was enhanced. They would recommend that this be maintained at the current scale and encourage mixed use development with commercial and offices on the ground floor and residential uses above. There are two residential areas in the Plan. They are multi-family and single- family residential. The multi-family is north of Ocean Avenue, between Ocean Avenue and Boynton Beach Boulevard. They are not recommending a significant change in this area other than those that residents wish to undertake. They also feel that the single-family residential area should be left as is other than any improvements that property owners wish to undertake. They are recommending a paving treatment at Seacrest Boulevard and Ocean Avenue. They also recommend a median along Seacrest Boulevard and an arch at Seacrest Boulevard and Ocean Avenue to enhance the entrance. The east end along the FEC Railroad was identified as one of the problem areas. They are recommending quad gates at both Ocean Avenue and Boynton Beach Boulevard. These gates prevent automobiles from driving around them. Trains would no longer be required to blow their horns with these quad gates. However, these gates are expensive. They recommend 14 Meeting Minutes Regular City Commission Meeting Boynton Beach. Florida February 17. 2004 landscape treatment along the west side of the railroad consisting of a heavy row of trees to mitigate and absorb some of the sounds. Mr. Greene said that staff had some specific recommendations. They propose an amendment to Section 3 of the Comprehensive Plan Future Land Use Support Documents to address some of the issues in the Plan. They also propose to amend the Zoning Code to include spedfic regulations in the mixed-use low intensity zoning district. There are also certain amendments to the Future Land Use Map that need to be made. These are future action items. He showed some examples of mixed-use developments in San Diego and pointed out that none of the buildings shown exceeds 75' in height. Commissioner McCray felt that the City prepares plan after plan. He asked when something would happen. Mr. Greene responded that planning is the first step. The next step is that decisions must be made by this Commission relative to the capital improvement program. That is where the money is budgeted to implement many of the recommendations that the planning staff make. The City Commission has already taken steps to expand the Ubrary and is investigating the preservation of the old high school. There is a study regarding City Hall space needs. There have already been some improvements made to Ocean Avenue. These are all capital projects. It is just a question of when the City has the resources to be able to implement some of the recommendations. Commissioner McCray said that we had to be realistic. This is something that is not going to happen in five or six years. Mr. Greene explained that there are private/public partnerships. He has seen a public courthouse built by the private sector and leased by a city for 30 years. Commissioner McCray said that the Oty had the Visions 20/20 and he felt that nothing has happened. Mayor Taylor said that he was a part of the Visions 20/20 and a lot has happened. The Marina project would be coming out of the ground by the end of this month. The Arches project is in negotiations now. The City purchased land for the promenade. Commissioner Ensler complimented Mr. Greene and his staff for the excellent study. He felt that the alternative that the Commission was looking for was the one that retains the old high school, alternative 5. Motion Commissioner Ensler made a motion to accept alternative 5 of the Plan. Commissioner McKoy seconded the motion. City Manager Bressner thought that there were elements of the Plan that were not feasible. However, this is a starting point. These are just guidelines and they would change. 15 Meeting Minutes Regular City Commission Meeting Boynton Beach. Florida February 17. 2004 Mayor Taylor did not want to lock in alternative 5. Mr. Greene explained that the plan is not a bible. He recognized that as circumstances change, plans also change. Both Vice Mayor Ferguson and Commissioner McCray thought that it was premature to vote on the Plan. Assistant City Attorney Payne pointed out that this item is scheduled for a first reading of an ordinance adopting the Plan unless the Commission does not want to move forward with the ordinance. Mr. Greene explained that this Plan is the third phase of the update of the CRA Plan. It has the same effect as the Federal Highway Corridor Plan and the Heart of Boynton Plan. City Manager Bressner asked what the recommendation was from the CRA regarding the Plan. Doug Hutchinson, CRA Director, reported that their recommendation was to keep all alternatives of the Plan. State Statute requires that the Plan be updated every few years. The CRA did not choose one alternative over another. Commissioner Ensler felt that the Commission should give some guidance regarding the old high school. City Manager Bressner explained that at the capital improvement workshop, it was not a preordained decision that the City would refurbish the high school. The maximum investment that was authorized by the Commission was approximately $300,000 with the full expectation that anything beyond that would be borne either by the private sector or the CRA. That would put limitations on what the building could be used for. It could be used for cultural, social or perhaps some private sector operations. Brian Edwards, 629 NE 9th Avenue, was in favor of keeping the old high school. People tend to be attracted to and attach themselves to history and culture. There are only four historic buildings in the City. He urged this Commission, the CRA and City staff to find a way to save the school. Herb Suss, citizen, thought that the high school must remain. He concurred with Mr. Edwards. Marie Horenburger, 3020 Pine Tree Lane, said that she had served on the City of Delray Beach City Commission and was part of preserving the Old School Square. There were a lot of people in Delray Beach who were not very interested in preserving the old schools. Those schools have become linchpins for development. She hoped that the community would support the preservation of the old high school in Boynton Beach. 16 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida February 17.2004 Mayor Taylor clarified that no one on the Commission said they wanted to demolish the old high school. There were some things in the Plan that the Commission heard for the first time (for instance, buying the northeast comer of Seacrest and Boynton Beach Boulevards to build a public building). He did not know whether the Commission agreed to everything in the Plan and he did not want to lock the City into it. City Manager Bressner explained that the purpose for adopting the Plan was to have the ability to put in land use changes and look at the area in a more detailed fashion. For example, it does not require the City to purchase the property across the street. ~ The motion to accept alternative 5 of the Plan failed 2 to 3 with Vice Mayor Ferguson and Commissioners McCray and McKoy dissenting. Motion Commissioner McCray moved to accept the Ocean District Plan without having alternative 4 or 5 locked in. Motion was seconded by Vice Mayor Ferguson and carried unanimously. Assistant City Attorney Payne read Proposed Ordinance No. 04-003 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-003. Commissioner McKoy seconded the Motion. City Cieri< Prainito called the roll and the motion passed unanimously. The meeting recessed at 8:32 p.m. and reconvened at 8:42 p.m. B. Project: 503 North Seacrest (LUAR 03-010) Agent: Don Stacks Owner: Edward Eatman III Location: 503 North Seacrest Boulevard Description: Request to amend the Comprehensive Plan Future land Use Map from Local Retail Commercial (LRC) to Low Density Residential (LDR) at 4.84 dwelling units per acre Assistant City Attorney Payne swore in everyone who would be testifying. Dick Hudson, Senior Planner, reported that this property is developed. It consists of approximately 4,800 square feet. The request is consistent with the current use of the property. It is nonconforming because it is designated for commercial use. The property is valued at less than $60,000 so conversion is not poSSible without a variance. The lot was originally platted in 1925. Access to the site is off NW 4th Avenue. The project meets all policies of the Comprehensive Plan. It is very consistent with the Heart of Boynton study that recommended that the properties on the west side of Seacrest Boulevard should go to single family residential. With properties that are nonconforming, banks will not loan money to fix them up. Staff recommends approval. 17 :\TTACHMENT # .'~ MINUTES OF THE CITY COMMISSION WORKSHOP HELD IN THE LIBRARY PROGRAM ROOM, BOYNTON BEACH, FLORIDA, ON MONDAY, JANUARY 31, 2005 AT 6:30 P.M. Present: Jerry Taylor, Mayor Kurt Bressner, City Manager Mack McCray, Vice Mayor Janet Prainito, City Clerk Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner I. Call to Order Mayor Taylor called the Workshop to order at 6:30 p.m. II. Town Square Report - Angela Budano and Corey O'Gorman Vice Mayor McCray inquired what the costs of the Consultant's Services were in providing the Town Square Report. The cost for the report was $20,250. Corey O'Gorman presented the Report, a copy of which is on file in the City Clerk's Office. Mr, Q'Gorman explained that the report is a comparative analysis for the Boynton Beach Town Square. Matters to be discussed would include the scope of services, the methodology of the work, alternatives for the Town Square, and their conclusions. ~ Scope of Services This included data collection, analysis, review of previous reports, meeting with members of the Town Square Council, and formulating design scenarios. Information sources included the Cultural Center, Children's Schoolhouse Museum, Recreation and Parks Department, and others. The costs are conceptual cost estimates and provide the costs for the two alternatives being considered. The first alternative was to renovate the Old High School to be used as a future cultural facility with a new community center. The second alternative is to demolish the Old High School and construct a larger, multi-purpose community center and cultural facility. They re-reviewed some of the previous reports done for preservation of the Old High School. They looked at uses for the Oid High School in order to formuiate square footage estimates for new construction to include uses for the Children's Schoolhouse Museum, Art Center, Civic Center and Madsen Center. Office space could be provided for the Code Compliance Office and the CRA, plus events' planning use. Estimated total space needs for alternative one are 62,000 square feet and 65,000 square feet for alternative two. Meeting Minutes City Commission Workshop Boynton Beach, Florida January 31,2005 They looked at how the spaces could meet the demand, space needs themselves and parking needs, They also considered the intrinsic value of the building. A letter was recently generated by the Florida Department of State, Historic Resources Division, encouraging that the building be preserved. They also looked at neighboring communities that have renovated historic buildings that are being used for public purpose. One such place was Old School Square in Delray Beach and they spoke personally with Mr. Joe Gillie, who is the Executive Director of Old School Square. Historic and cultural grants are available for these purposes, as well as funding from foundations, Renovating historical buildings of this type can be revenue generating. The report addresses other historic buildings that were renovated and preserved including Lake Park City Hall, Ft. Pierce City Hall, Lake Worth City Hall and Old School Square. Maintenance costs for Old School Square are $200,000 per year, but it generates over $20 million in revenue. Some of the income generating features in Old School Square that could also be incorporated in the Old High School are performing arts, classrooms and room rentals, as well as art gallery space. Renovation of the Old High School could provide the City with an historical sense of place, legacy and pride of ownership, and community buy-in. ~ Focus Area The focus area they looked at included the three blocks south of the existing City Hall complex. This also included the Old High School, Children's Schoolhouse Museum, Civic Center, the residential property to the east of the Civic Center, the Library, Madsen Center and Art Center. Both alternatives include the acquisition of the residential properties; however, it is not required. ~ Alternative NO.1 This would include preservation of the High School Building and construction of a j:37,000 square foot community center building next to the Art's Center. The space between the two buildings would become an open event space, but has yet to be defined. ~ Alternative NO.2 This alternative is demolition of the Old High School Building with construction of a third floor to the community center building in alternative 1. This would provide a total of approximately 62,000 square feet of space. ~ Budget The conceptual budget for both alternatives is included in the backup to the report. The budget is a 16-division breakdown based upon the existing floor plan and was not prepared to specifically accommodate any particular use of the building. 2 Meeting Minutes City Commission Workshop Boynton Beach, Florida January 31, 2005 The new community center is conceptual and is not included in their report. ML O'Gorman pointed out that they neglected to include operation and maintenance costs in the budget and he would provide these costs to Mr. Bressner by the end of the week. There is a margin of error and the designs would have to be finalized in order to obtain complete numbers for every aspect of construction for both alternatives. Mr. O'Gorman noted that Burkhardt Construction had done some recent renovations of historical buildings and they assisted him with the 16-division breakdown of the budget. Next presented was a comparison of costs between Alternative 1 and Alternative 2 that included land costs, design costs, construction and indirect costs. ~ Alternative 1, preservation and renovation of the Old High School as a cultural facility and construction of a 37,000 square foot community center -$28,887,154 ., Alternative 2, demolition of the Old High School and construction of a 62,000 square foot community center- $27,795,540 ~ Costs to renovate the Old High School approximately - $5.2 million ($158 per square foot) ., Construction of a two-story, 37,000 square foot community center approximately- $7 million ($162 per square foot) ~ Construction of a three-story community center approximately - $11 million ($155 per square foot) From the reports that they looked at, they have determined that the Old High School is structurally sound and would be a value to the citizens. They looked at parking, open space and programming. The total square footages of the buildings of both alternatives provide space for programs. The same amount of parking has been included for both alternatives. ~ Conclusions The Old High has a historical character that is normally the focus of preservation. Previous studies recommended preservation. There is support for and against preservation of the Old High School. The Old High School, based upon previous studies, is physically sound for renovation. It appears that expansion of the Children's Schoolhouse Museum would fit in nicely with the restored Old High School. > Funding Currently there are limited City funds budgeted for the restoration and no CRA funds have been appropriated for a new community center. If the Children's Schoolhouse " .) Meeting Minutes City Commission Workshop Boynton Beach, Florida January 31,2005 Museum expands into the Old High School, a potential partnership could be worked out between the CRA and the Cultural Center to assemble the necessary financing to renovate the Old High School. Both alternatives offer comparable open space area. Anticipated redevelopment projects in the downtown would change the demographic profile that could have a profound impact upon the demand for space and programs in Town Square. There is a potential partnership among the Children's Schoolhouse Museum, the City and the CRA that could preserve the building. As an alternative, the City could go out for an RFQ for renovation and occupancy of the buildings. This could be a tool to determine if there is an interest in moving forward with Alternative 1. Mr. O'Gorman concluded his report and entertained questions. Vice Mayor McCray asked who the other members of the Council were in addition to Commissioner Ferguson. Mr. O'Gorman responded that they spoke with Arleen Dennison, Virginia Farace, Doug Hutchinson, Wally Majors, Kurt Bressner and Wayne Segal. Vice Mayor McCray noted that Don Fenton was. also a member of the Council and questioned why he was not spoken to. Vice Mayor McCray inquired if the group that was formed by this Commission ever met as a group. Mr. Bressner responded that the group no longer functioned after the study was completed. This report is the second study done. Vice Mayor McCray inquired when the first group met and if Commissioner Ferguson ever attended any meetings. Commissioner Ferguson responded that they had three or four meetings that resulted in the first report. Since that time, he has not been contacted by anyone. Vice Mayor McCray inquired if Delray Beach had any difficulty in obtaining funding for Old School Square and to maintain current funding to keep the facility operational. Mayor Taylor thought that in the beginning the City subsidized Old School before it became self-sufficient. Ms. Budano stated that the $200,000 that the City contributes is for maintenance of the exterior of the facility. The remainder of the project is self- supporting and, in fact, generates revenue for the City. Mr. Bressner will determine the exact costs for operating Old School Square. Commissioner Ferguson was not pleased with the proposed location of the new community center. If the Commission decided to raze the Old High School, he would like the new civic center built in that location. Commissioner Ferguson felt that it would be more feasible to demolish the Old High School and to build a new civic center in its place. This would alleviate the shortage of space for the Children's Schoolhouse Museum. He also inquired about the survey that the Cultural Commission had been working on. Mr. Bressner was not certain if the survey was complete. 4 Meeting Minutes City Commission Workshop Boynton Beach, Florida January 31, 2005 Commissioner Ferguson did not think that the Commission could address this at its February 1 sl meeting and recommended that the item be placed on the February 15th agenda. Commissioner Ensler inquired about the statement made in the report that states "Based on interviews with City officials, although the High School building could serve as interim space for recreational programs and some offices, the building is not an ideal location for either." He inquired what the consultants were recommending as a use for the Old High School. After speaking with Wally Majors, Recreation Director, Mr. O'Gorman determined that the Old High School would not be the best place for recreational type uses. However, programs offered at the Art Center would be best suited at the Old High School. Bert Bender, an architect from Key West, Florida who specializes in historic preservations, had prepared a report on the building. He pointed out that the Old High School is a significant historic structure and should be preserved and saved for the community. This would be a legacy for future generations. He questioned the accuracy of the costs of the alternative uses being so close. He pointed out that there are characteristics in the Old High School that could not be replaced by a new building. There were many ways for the building to be used and a new entrance to the back of the building could be introduced. Mr. Bender had examined the building and found it to be structurally sound with great historic and architectural value, He also received a letter from the State's Preservation Officer encouraging the City to save the building. Commissioner Ensler inquired why 1 sl Avenue was included in the previous plans, but not in the current report. Mr. O'Gorman stated that their report focused upon the two alternatives for the Old High School and looked at the overall site from a general perspective. Commissioner Ensler also pointed out that the report indicated that the City does not have a specific historic preservation ordinance and inquired if the City should adopt such an ordinance. Mr. Bender responded that this would allow the City to receive funding from the State's Preservation Office and Federal Government. Commissioner Ensler felt that it would be feasible for the City to adopt such an ordinance even if it were not used in this instance. Mayor Taylor noted that firms that specialized in restoring historic buildings prepared some of the previous reports. The report prepared by the High School Task Force noted that there were spaces within the building that had not been opened for inspection, which concerned him. He felt that once they started to renovate the building there wouid be areas exposed that would cost a great deal of money to renovate. Mr. O'Gorman stated that since that report was prepared, those areas were opened up and the asbestos and the pigeon droppings were corrected and the building has been 5 Meeting Minutes City Commission Workshop Boynton Beach, Florida January 31, 2005 secured as a result of the High School Task Force recommendations. Ms. Sudano stated that the remediation costs for the asbestos have been factored in, Mayor Taylor also noted that the Children's Schoolhouse Museum needed between 22,000 to 27,000 square feet for expansion. Renovating the Old High School would provide an additional 28AOO square feet. If this were the case, it would appear the Children's Schoolhouse Museum would use the entire building. Mayor Taylor questioned why the plans for a new Community Center indicate that there would be 25,520 square feet and the second floor would be only 11,600 square feet. Mr. Bressner pointed out that this floor would be multi-purpose and there would be an atrium around the floor. If the building went to a third floor, there would be more square footage. Commissioner Ensler was under the impression that the Community Center would be used for the arts with a stage and theater. Mr. O'Gorman responded that the report did not indicate uses. Mayor Taylor anticipated having enough floor space in order to accommodate the anticipated programs and that the buildings should be designed for this purpose. Vice Mayor McCray inquired if the Old High School had been checked for damage after the hurricanes. Mr. Bressner responded that there was minimal damage. Mayor Taylor inquired if the land costs in the conceptual budget were for purchasing residential properties. Mr. O'Gorman responded that it was and pointed out that the acquisition of those properties was not necessary for either of the Alternatives. Mayor Taylor felt that they should set a date to make a decision on how the Commission wanted to proceed. Commissioner Ferguson recommended February 15th. Commissioner Ensler requested that the Commission be provided with the answers to the questions raised tonight by that date. Mr. Bressner stated that he would try to have this available by that time, but noted that he had to speak with Delray Beach and he was not certain how long this would take. Commissioner McKoy recommended March 1 st for having the necessary information. Mayor Taylor also pointed out that the size of Old School Square was much larger than what the City was proposing. Ms. Sudano pointed out that Mr. Gillie, the Executive Director of Old School Square, was present to answer any questions. Mr. Gillie stated that he would be glad to assist the City. He noted that it was critical to the success of the Old High School to determine how the building would be used. He reported that there were 1,500 events held on the site that was attended by over one-half million people. The success of Old School Square provides an economic balance for the downtown. Mr, Gillie noted that every ballet school in the City of Boynton Beach rents Delray Beach's facility for their dance recitals. This generates over $140,000 in rent. Even though the City contributes $200,000 yearly for maintenance, the money actually goes back in to support many community organizations. He noted the importance of having 6 Meeting Minutes City Commission Workshop Boynton Beach, Florida January 31, 2005 cultural amenities in the community and felt that this could be accomplished by renovating the Old High School. This could be a drawing card for people to come to the downtown. Mr, Gillie also reported that they recently purchased a two-acre block next to Old School Square on which a park would be placed. He also recommended that jf the City were going to purchase any surrounding properties, they should do so as soon as possible before the costs became prohibitive. Mr. Gillie was opposed to tearing down the Old High School and felt it would provide the City some history. Mayor Taylor inquired if Mr. O'Gorman considered making the community center four stories. Mr. O'Gorman responded that when they looked at providing programs and recreation, the two (or three) story community center, plus the Old High School, met those needs. Doug Hutchinson, CRA Director, addressed the Commission and pointed out that he was a preservationist since 1983 and sat on many national boards and worked on over 60 certified restoration projects. He felt that the actual cost of the project would be a lot less after taking into consideration the amount of money that the building would generate and the grants that would be available. Mr. Hutchinson reported that many contractors in the area have approached him with offers to help with restoration by providing in-kind services. Brian Edwards was in favor of saving the Old High School. He responded to Commissioner Ferguson's question about the results of the survey done by the Cultural Center Board. He noted that the survey had been completed and the initial results appear to be positive. Mr. Edwards stated that the only reason that the survey had not been presented was to allow the Commission time to provide input. He felt that the historical value of the Old High School would compliment the Children's Schoolhouse Museum and the proposed Town Square. The Cultural Center Board has never been given an opportunity to raise any funds to save the Old High School. This would be a public-private partnership similar to the Children's Schoolhouse Museum. They are prepared to raise money if they were given the authority to do so. William Orlove, Vice Chair of the Recreation and Parks Board, noted that his Board has discussed this issue and the Board was in favor of preserving the Old High School for cultural purposes. They envision using the building for expanded programs of a cultural and social nature. If the current Civic Center were torn down and replaced with another building, the Board would like it to be a Civic Center. They also favored having an outdoor amphitheater that would bring many people to the downto'Nn area. Susan Buchanan, a City resident, was in favor of preserving the Old High School. She liked the atmosphere and environment of the City. Ms. Buchanan felt that preserving the Old High School would give the City a unique identity. She noted that the City needed to '7 r Meeting Minutes City Commission Workshop Boynton Beach, Florida January 31, 2005 have attractions in order to bring people downtown and renovating the Old High School would help provide this. Commissioner Ensler asked Mr. Hutchinson if he could come up with a plan to show who would manage and finance the Old High School, as well as covering the costs for operation and maintenance. Mr. Hutchinson stated that he would bring this issue up for discussion at the CRA retreat and could have this information available by the first of March. Commissioner Ensler envisioned the CRA working with the Cultural Center to come up with a plan. III. Strategic Plan & Recreation and Open Space Element of the Comprehensive Plan David Barth, of Glattlng Jackson Kercher Anglin Lopez Rinehart, Inc., the consulting firm hired by the City, noted that this would be the first of two workshops. He would be presenting a status report of their work and provide the results of their research to date. They have tried to assist the City by identifying a long-range vision. Mr. Barth introduced Mr. Carlos Perez from his firm, and Terry Clark from Staff Connections, who helped with the organizational structure, They have been involved in three plans as follows- v'' Organizational structure. ./' Update of Recreation and Open Space Element of the Comprehensive Plan. ./ Develop a long-range vision for the Open Space Element Mr. Barth noted that there was additional information included with the agenda packet in addition to the PowerPoint presentation that he would be giving, copies of which are on file in the City Clerk's Office. The salient points of the presentation were: . Evaluate the organizational structure of the Parks and Recreation Department in terms of efficiency, effectiveness and professionalism. . Provide a long-term strategy that would be codified into the Comprehensive Plan. . Made site visits on August 23rd and 24th and the schedule is on target . Conducted interviews with the Commission on September 20th and 21 st. . Conducted two meetings with the Recreation and Parks Board. . Worked to develop a map and they would be developing a narrative for a map. The narrative should be ready for the second meeting, . Conduct two review/consensus meetings with the Commission, tonight's meeting being the first. Existing conditions of the City's parks, open space, facilities and programs were highlighted. Needs assessment techniques were looked at and will be addressed. Mr. Barth pointed out that every neighborhood had some kind of open greenspace, which were reviewed. Existing elements are: 8 \TTACHMENT rt ~ MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 2005 '-.'.' MOTION Vice Mayor McCray so moved. Commissioner Ferguson seconded. VOTE City Clerk Prainito called the roll and the motion carried 5-0. IX. CITY MANAGER'S REPORT: A. Disposition of Old High School Chief Bingham indicated Disposition of the Old High School issue was requested by Commissioner Ferguson for discussion. He referred the matter back to the chair. Mayor Taylor stated it had been agreed the Commission would make a decision tonight on the Old High School. Douglas Hutchinson, Director of the Community Relations Agency stated the Agency would take ownership of the project and see it through a restoration process in cooperation with community groups for a mixed blend of uses. Mayor Taylor opened the discussion to the public. Louise De Camara, 836 East Drive, stated the Old High School does have historical value being three quarters of a century old. The architectural details indicative of that era are historical and worth saving. The Vision 20/20 master plan includes the school in the Town Square project development. A study from September, 1998 reported the school should be featured in the development. Susan Buchanan, 807 Ocean Inlet Drive, serves on the board of the Boynton Cultural Center. She stated the board has been working with Triangle Two Partners on a strategic plan and a market assessment feasibility study. Consultants from Triangle Two Partners were to be present; however, weather conditions prevented them from attending the meeting. She highlighted the study's findings and validity saying the methodology and sample size gave the study a 95% confidence rate with an error rate of + or - 4%. The study reveals 93% of those sampled were aware of the museum, 91 % of its members were satisfied with their membership and 84% had a lot of interest in the museum. Fifty-four percent indicated expanding into the old high school was very attractive and 21 % indicated it was somewhat attractive. Ms Buchanan said the economic impact study showed with purposeful marketing an expanded cultural center will have a definite positive impact on the downtown area. 22 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 2005 DeDe Mahler, President of the Boynton Cultural Center, who resides at 11965 North Lake Drive. read a statement from the Boynton Cultural Center asking the Commission to recognize the accomplishments of the Center and Schoolhouse Children's Museum and join them in taking the project to the next level. She asked for the authority, in conjunction with the Community Redevelopment Agency, to design and develop the reuse of the old high school. Ms. Mahler requested that an agreement be drafted between the three parties to accomplish the objective of preserving the old high school. The Cultural Center would be willing to act as the managing partner with respect to developing the property and programs to make it an exciting place in Boynton's landscape. Kim McGowan, 945 Le Grace Circle, a resident for ten years and a member of the Arts Commission spoke on her own behalf. She defined history according to Webster's Dictionary as, "what has happened in the life and development of a people, country, institution", etc. Ms. McGowan said Boynton had a vision of its future but also needed a reflection of its past. Preservation demands pride. She felt if the school were torn down it would destroy the identity of the town. Marie Shephard, Ridge Pointe Woods stated she used to live where the police station presently stands. The old high school is an important part of her life since her mother and father met and were married here and she and all her siblings attended school in the building. She felt the building should be saved since there is a lot of history to be proud of in Boynton Beach such as the Woman's Club Ms. Shephard offered to devote as much time and money that she could for the success of the project. William Orlove, 2459 Cranbrook Drive, Vice Chair of the Recreation and Park Board and served on the CRA Ad Hoc committee which studied the feasibility of preserving the building. He stated the Recreation and Park Board has discussed the High School several times and strongly favors preserving the building to be used for cultural, educational purposes and expanding the Schoolhouse Museum. As a citizen he observed the growth in Delray Beach around Old School Square and hopes that Boynton can do the same with the old high school. He felt it was a part of the town's collective past and should remain as part of its collective future. Buck Buchanan, 807 Ocean Inlet Drive and immediate Past President of INCA spoke on behalf of INCA. He read into the record and supplied copies of a letter sent to the Commission. The letter indicated INCA members voted unanimously to support the preservation and restoration of the old high school. It was also noted the project would offer an aesthetically pleasing mini complex of restoration to harmonize with newer surrounding architecture. Brian Edwards, 629 North East 9th Avenue felt emotions was a major factor in preserving the old high school. He said the Cultural Center Board was never able to 23 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 2005 --'_eo raise money for this project without the permission of the City fathers. The Cultural Board developed the Children's Schoolhouse Museum and Mr. Edwards felt they could also develop the old high school. Mayor Taylor closed the public audience. Vice Mayor McCray stated he was a resident of Boynton for 51 years and his school was torn down in District 2. He indicated he has been discussing the old high school for over five years. His question was, did the historical registry have the 1927 High School listed. Mr. Hutchinson replied it had not been applied for. Mayor Taylor added the papers have all been prepared and just need to be submitted. Vice Mayor McCray also asked what miracle happened that gave the CRA a new turn or new vision to step up and take this project over. He requested the funding figures again. Mr. Hutchinson reiterated it was an approximately $6,000,000 restoration project. The City has contributed $300,000 CRA over the next 24 to 36 months an additional $2,000,000 which makes $2.3 million as the match for grants and foundation underwriting and inkind contributions for construction. Historical preservation grants will be $1.5 million. The County will be asked for 750,000. Also inkind contributions of construction will total approximately $1,000,000. Local contributions and private corporations will contribute $1,000,000 and foundation grants $1,000,000. Total grants will be $5.2 million with the CRA and City's committed amount comes to $7.5 million which leaves $1.5 million surplus funds to establish an endowment. Vice Mayor McCray questioned who was going to be responsible for the upkeep once complete. Mr.Hutchinson said the CRA. He added if the City directs that the CRA is responsible for the old high school the CRA will raise additional funds, work out the partnership and with the ownership goes the maintenance and upkeep and the responsibility for a cash flow to sustain the school. Addressing the Boynton Cultural Center, Vice Mayor McCray asked if the Center had raised any money for the project. Arlene Dennison, Executive Director at the Schoolhouse Museum indicated they wrote a grant to a local foundation, if the building was saved the money could be used for expansion. She noted it was very difficult to raise money for a new building. Historic preservation is a big factor in starting the synergy to raise money and possibly use focus groups as was used with the Schoolhouse Museum. It was $100,000 on the first grant. 24 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 2005 Mayor Taylor commented he has been the most outspoken for tearing the school down due to the cost and not knowing the source of funding. Bonnie Dearborn, the state person had told Mayor Taylor the maximum funding a year is $350,000. The Mayor indicated the phone survey that was conducted had poorly constructed questions and was a problem. For the first time reading the report, and after receiving many letters, he could finally see how the restoration can be accomplished. He felt the CRA taking the lead and working with the Cultural Center the project is now possible. The Mayor stated he envisions the old school being used for educational and cultural events and the new state of art civic center used for sporting and recreational purposes. Plus he liked the concepts that generated revenue such as the gift shop and coffee shop which would be economic generators. Mayor Taylor would now be a strong supporter of the CRA taking the lead and the Cultural Center as a partner for saving the high school. Commissioner McKoy admitted he was the new kid on the block on this issue and sometimes it was easy in the life of a project to lose site of the objectives. He realized that the Vision 20/20 plan talked about the restoration of the high school and it has been sitting at a yellow light. Commissioner McKoy felt a green light was needed and he is in favor as well for preserving the old high school. Commissioner Ferguson stated he had to oppose the restoration. He too saw the flaws in the survey and felt it was rigged based on his experience in the market research business. He visualizes the east end of Boynton Beach being one end of a barbell and the other end down here only smaller. In the survey it was extrapolated out the frequency distribution indicated there were 1.2 million visitors to the Children's Museum last year and he felt that was ridiculous. His objection was the CRA funds account for 40% of the $7,000,000 and the CRA is devoting its time to this venture when it should be concentrating on the downtown area and MLK area. He also questioned why the funds for the cultural activities only apply if we save the old high school as opposed to a brand new civic center which could be in the present location of the old high school. Two things he wanted to make very clear were in January, 2001 a promise was made that funds would be found for this high school if we kept it and again in 2003. It did not happen and he would not vote for it. He stated the cost similarities are striking, 158 to rehabilitate and 162 to build a new one. He could not vote to retain it. Commissioner Ensler said he realized he is now the anchor man. He appreciated the serious proposal that was made. He had a few questions of staff. First of all, what kind of motion was needed to have it approved. Mr. Hutchinson said it would be a directive for the CRA to put on their March 17th board meeting to officially make the offer for acceptance of the old high school that was transferred to the City from the school district. The legal structure will have to be investigated. 25 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 2005 Commissioner Ensler inquired, who in the long term would have ownership of the school and the property it is on. Mr. Hutchinson said the CRA wished, if they were funding and underwriting, that they have ownership of the structure and responsibility for maintenance, renovation and so forth. The CRA would then contract with the other entities. Commission Ensler asked if that would include the grounds around the high school. Mr. Hutchinson indicated yes. Next Commissioner Ensler asked if the program was successful, what would the city's obligation be towards the high school, financial liability of the City. Mr. Hutchinson replied the CRA would shoulder the burden, and funds committed and spent on taking out the asbestos and other things would be the extent of the City's obligation. Commissioner Ensler speculated if there was a serious financial problem it would be the CRA's responsibility. Mr Hutchinson said yes, which is why the CRA wanted ownership of the asset. Commissioner Ensler asked at what point in the fund raising would it be appropriate to draw up the final contract. His concern was if enough money cannot be raised what would happen at that point. Mr. Hutchinson felt confident there was enough interest and funding to get the project well underway. The "what if' question was still not answered and Commissioner Ensler wanted a response. Again, Mr. Hutchinson indicated there was already sufficient funds and inkind contributions to get the building up and operating. Commissioner Ensler again asked, what if you find out it is going to cost $12,000,000 to refurb the school and you only have $6,000,000. Mr. Hutchinson was confident in his estimation of costs. Commissioner Ensler wanted a legal answer. Mr. Hutchinson's response was it could be torn down in the future. Commission Ensler asked what happens in terms of the arrangement. It is now turned over to the CRA and there are not sufficient funds to do the work. Would the school then be turned back over to the City? Mayor Taylor suggested it could be written in as a reverter clause. Mr, Hutchinson indicated the CRA needs to have title before the project can be started. His concern was no foundation would donate money if the title and ownership is in question. Reverter or performance clauses can be included in the agreement. Vice Mayor McCray asked for clarification on the asbestos removal that was mentioned by Mr. Hutchinson. Mr. Hutchinson responded the City's job was finished and any future movement and restoration of the project would rest solely with CRA. Vice Mayor McCray wanted to know if the Commission approved the project how fast would money be coming in. Mr. Hutchinson said there would be no waiting because eRA underwriting and commitments from key contractors would be able to immediately hire a restoration specialist to look at key elements with the cultural board. At that point grants can be requested. 26 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1,2005 Vice Mayor McCray inquired if the $6,000,000 would be coming out of the bonds just approved. Mr. Hutchinson said no. Arlene Dennison of the Cultural Center added the Center has legal counsel ready to work with the CRA on the school. Commissioner Ensler wanted to emphasize he is in favor of the recommendation and his only concern was for the taxpayers in the long term. Vice Mayor McCray asked if everyone present at the CRA workshop was in favor of restoration. Mr. Hutchinson replied yes. Mayor Taylor referred to the comment that the CRA should be working on the Heart of Boynton and he felt the old high school is the center of everything being done. Downtown and the City of Boynton has to be viewed as one entity. This should be a centerpiece for everything going on with the CRA. Mr. Hutchinson added staff is proposing going to 30% design for streetscapes for MLK. Seacrest to link MLK to town square and Boynton Beach Boulevard has been planned for years and the CRA is adjusting a $6.3 million river walk to a future time and feasibility linkage putting those funds into momentum projects. In the next 24 to 36 months there will be an additional $5 million put into the Heart of Boynton over the previous plans. Areas have not been ignored and the CRA is investing off the water into the core of the community. Vice Mayor McCray questioned parking for the old high school and the new state of the art civic center. Mr. Hutchinson indicated parking was part of a master plan the designer would work on and needs to be coordinated. Mayor Taylor added the two plans showed parking garages, one with the high school and one without the high school. Chief Bingham stated the City Manager's, only concern was the CRA and the Cultural Center be involved in discussion relating to the possible future conveyance of the building. He suggests a specific timetable and specific deadline for reporting to the Commission. This would disallow anyone group to get ahead of the other. He further suggested the effort be well coordinated and communicated so everyone is in the loop and better able to respond to questions by elected officials. Motion Commissioner Ensler moved to restore the old high school and requested the CRA take whatever action is necessary to formalize the change in ownership to the eRA for a time certain. 27 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 1, 2005 .-_...," Mr. Hutchinson asked for input from legal counsel and stated the CRA's legal staff will draft the first round. Attorney Cherof indicated the reasonable time is whenever the Commission wants to visit it again. Commissioner Ensler stated he made the request because Mr. Bressner was pressing for a time certain. Mr. Hutchinson said the draft would be back in a month. Vice Mayor McCray suggested the date be set as April 5th. Mayor Taylor restated the motion is to restore the old high school with the CRA and question if the Cultural Center should be included in the motion. Mr. Hutchinson requested that only one person be responsible. Commissioner Ensler said the motion would stand as stated, approval to restore the old high school and authorizing the CRA to come back to this Commission with the formal documents to accomplish that by the first meeting in April. Commissioner McKoy seconded the motion. Motion carried 4-1 (Commissioner Ferguson dissenting). X. Future Agenda Items H. Zoning in M-1 District (TBD) Commissioner Ensler related it was discussed at the preagenda meeting staffs comments to review standards for M-1 zoning on arterial road. A study was started three years ago and has never been completed. Commissioner Ensler supported completing the study. He indicated it was also suggested to have moratorium during the study period. He requested that staff prepare whatever documents needed to have the study done and a moratorium, and by the next meeting have a date when the study can be complete. It should include architectural standards and uses. His concern was if development decisions were being made based on a fear factor especially in the M-1 districts. Vice Mayor McCray added that it was also stated that anything in the hopper this would not affect. Attorney Cherof concurred. The procedure is set forth in the Code to announce and get a moratorium started that is referred to as Notice of intent. A resolution would be made for the next agenda however the deadline for the next Commission meeting has come and gone. He would seek direction from the Commission to disregard that deadline. 28 Meeting Minutes A TT ACHMENT # 5 Regular City Commission Boynton Beach, FL April 15, 2008 the option to request the right to be excluded from the designation and if requested, they are excluded. The process should be to define the area and begin notifying the property owners of their options and eventually map the area. Vice Mayor Rodriguez reiterated it should be commercial, industrial and selective residential that are slotted for redevelopment. If the motion is passed, then the CRA and City staff can work together to map the area for approval. Motion Commissioner Weiland moved to designate the entire CRA area as a brownfield and aI/ow any individual or property owner the option, if they desire, to opt out. Commissioner Ross seconded the motion. Motion Vice Mayor Rodriguez moved that the Commission take the recommendation of the CRA board and allocate brownfield designations to commercial, industrial and selective residential properties and allow the City Manager through GIS to come back with specifics to be brainstormed. Commissioner Hay seconded the motion. Attorney Cherof advised the motions were competing and Commissioner Weiland would need to agree with the substitute motion. Commissioner Weiland did not agree with the substitute motion. Commissioner Weiland's motion failed 2-3. (Mayor Taylor, Wee Mayor Rodriguez and Commissioner Hay dissenting) Vice Mayor Rodriguez's motion passed 3-2. (Commissioners Weiland and Ross dissenting) Attorney Cherof mentioned that once the map was prepared and the notice to the property owners begins, the property owners retain the right to elect out of the designation area. E, Approve the Downtown Master Plan Vivian Brooks, Assistant Director of the CRA, introduced Cesar Garcia-Pons and explained the CRA had a number of plans that overlapped, making it very difficult for developers in the area. The RFP for the Downtown Master Plan attempted to consolidate the plans for one concept. Mayor Taylor noted the Commission had already viewed Mr. Garcia~Pons presentation. He inquired if the Commission approved the downtown master plan, would the Commission be approving everything laid out in the plan. Ms. Brooks advised the plan does not obligate the Commission, rather are conceptual in nature. Commissioner Hay requested a legal opinion and Mr. Bressner noted there was very strong language in the plan regarding the Old High School and its adaptive reuse. Mr. Garcia-Pons emphasized the language is "desirable to stay." 17 Meeting Minutes Regular City Commission Boynton Beach, FL April 15, 2008 ..---.. Attorney Cheraf advised the Commission was not obligated, but it needed to be clear that it is conceptual and perhaps some of the language in the document itself should reflect that it is conceptual with some disclaimers. Ms. Brooks agreed edits could be made. Attorney Cherof agreed with the City Manager that some of the key components should be resolved before approving the Downtown Master Plan, even as a concept. Commissioner Ross felt the plan should continue to move forward. It was noted plans could be amended and the RFP will let the market determine the building's feasibility. Mr. Garcia-Pons added the Master Plan is simply a guideline and a moment in time Motion Commissioner Hay moved to conceptually approve the Downtown Master Plan. Vice Mayor Rodriguez seconded the motion. The motion passed 4-1. (Commissioner Ross dissenting) F. Amend the Land Development Regulations to delete the accessory use restriction. Attorney Cheraf advised the Code prohibits accessory use, except in conjunction with the primary use. The use is a residential use. If you were to modify the Code to eliminate the requirement, vacant lots would be used for accessory uses in advance of the primary use being constructed. Accessory uses would include a boat dock, swimming pools, tennis courts, basketball courts, barbeque facilities and many others. The staff and legal recommendation was that the Code not be expanded and not eliminate the requirement that the use be accessory to a primary use. A motion would not be necessary to retain the status quo. Bob Brown, 701 S. Seacrest, alleged the action taken by the City is a misinterpretation of the Code. It does not prohibit docks. Mr. Brown reviewed the various definitions within the Code that relate to accessory and primary uses. He noted the dock would be a stand-alone dock. His contention was the State of Florida and the Army Corps of Engineers have controlled and owned the Intracoastal Waterway. Mr. Brown advised he had permits from the State and the Army Corps of Engineers to build a boat dock on their property along with a consent of use easement. It was his theory that the dock would be a stand-alone accessory on the State property and not on his property; therefore, the Code regulations did not apply to his proposed dock. Access to the dock would be from the bulkhead and not on the same lot which is what the accessory use definition requires. Mr. Brown requested that, based upon the Code definitions, the Commission declare a boat dock is in fact an accessory use even though it is not on the person's property, and clarify the Code. Motion Commissioner Weiland moved to accept the recommendation of staff. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. XII. LEGAL: 18 CITY OF BOYNTON BEACH INTER-OFFICE MEMORANDUM TO: Mayor Jerry Taylor Members of the City Commission CC: Kurt Bressner, City Manager FROM: James A. Cherof, City Attorney RE: Old High School DATE: November 17,2008 This memorandum supplements the City Manager's Agenda Item Request Forml prepared for the December 2, 2008 Commission Meeting. The City Manager has asked that I advise the Commission of any legal restraints on the City's power to transfer by sale or lease the Old High School Property. Florida municipalities have broad power under the Florida Home Rule Act (Chapter 166, Florida Statutes) to dispose of real property. The Municipal Home Rule Powers Act, Ch, 166, F.S., grants to municipalities broad home rule powers. Section 166.021(1) states: As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law... '" (4) The provisions of this section shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the constitution. It is the further intent of the Legislature to extend to municipalities the exercise of powers for municipal governmental, corporate, or proprietary purposes not expressly prohibited by the constitution, general or special law, or county charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so J The City Manager outlines twelve options to which a thirteenth (land swap) can be added. Page I of3 c:\documents and settings\lejeunec\local settings\temporary internet files\olklc\comm (old high school conveyance).doc expresslyprohibUed... An}' other limitation oj pmrer upon uny municipu/ity containea " an.v municipal charter enacted or adopted prior to JuZ) , j 15P 3. is herebr nullified ana repealed In the absence of a Charter or Code provision which limits a City's power a decision regarding the transfer of real property by either sale or lease is left to the discretion of the City Commission. This general rule does not apply to the disposition of real property in the City's Community Redevelopment Area which was "acquired for community redevelopment.'" The Attorney General has recently opined that the limitations on disposal of property in a Community Redevelopment Area apply only to property that was acquired for the purposes of redevelopment activity. There is nothing to indicate that the City intended that the property be used for redevelopment purposes when it was acquired from the School Board in 1994. Notwithstanding the CRA'S intent to use the property for redevelopment purposes, that right was derived through the ILA between the City and the CRA which has subsequently been rescinded. The conveyance from the City to the CRA will be nullified when that action is completed. The City Charter contains a limited restriction on the Commission's power to sell or lease real property. Code Section 2-56 of the Code of Ordinances provides this restriction: (c) Real property. With regard to the sale of any real estate owned by the city, regardless of the estimated value thereof 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 b,1/ the city commission(or the purpose of establishing a fair market value thereon The sale of real propertyfor less than the fair market value shall require the approval by a vote offour-fifths (4/5) of the city commission. After such appraisal shall have been completed and afair market value determined. the property may be sold: 1. To the owner of adjacent developed property if'the city property is to be used by the adjacent property owner as: A. Buffer; or B. For an extension of the use to tvhich the adjacent property owner is using the adjacent property at the time of sale: or 2. To the highest bidderfollowing a competitive bidding process as established by the city administration Each of the disposal choices listed by the City Manager (plus land swap) in the agenda Cover Sheet are legally permissible options, subject only to the above-described conditions for a sale of the Page 2 of3 c:\documents and settings\lejeunec\local settings\temporary internet files\olk 1 c\comm (old high school conveyance).doc property. Notwithstanding which option the Commission chooses, the Commission must still act in the public's best interest. If the property is sold or leased, the resolution of the City Commission authorizing the conveyance should contain a description or statement of the public benefit anticipated from the transaction, how that benefit will be derived and the role of the grantee in accomplishing the public benefit. Page 3 of3 c:\documents and settings\lejeunec\local settings\temporary internet files\olklc\comm (old high school conveyance ).doc IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B AGENDA ITEM REQUEST FORl\~ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office X December 16, 2008 December 1,2008 (Noon) D February 17,2009 February 2, 2009 (Noon) D January 6, 2009 December 15,2008 (Noon) D March 3, 2009 February 17,2009 (Noon) D January 20, 2009 January 5, 2009 (Noon) D March 17, 2009 March 2, 2009 (Noon) D February 3, 2009 January 19,2009 (Noon) D April 7, 2009 March 16,2009 (Noon) 0 Announcements/Presentations X City Manager's Report Q -- NATURE OF 0 Administrative D New Business 0 0-':1 00 -....( -C . AGENDA ITEM 0 Consent Agenda 0 Legal 0 -<<fla. FT1 (")"'t\ n D Code Compliance & Legal Settlements D Unfinished Business I rC',O ~ D Public Hearing D - ;0-< :Xli!: ~ .......... t.IOo 0'% RECOMMENDATION: Coru<;dcr th, reloc.HoD of th, C;ty Publ;c Wock> Compound .t th, 'Ugg"tiOD ofN,w u~ _ Communities and provide direction to City Staff on whether or not to continue exploratory negotiations with New Urban :: Communities or to advise New Urban Communities that the City is not interested in this proposal. EXPLANATION: Attached please find correspondence from Tim Hernandez, Principal of New Urban Communities. Mr. Hernandez is the representative for the developer of the property on the northwest corner of High Ridge Road and Miner Road. This property has received approval by the City for the construction of both single-family and multi-family units. As a result of the downturn in the residential market, the developer is now considering a transition to Industrial Use, a use that would be compatible with other nearby properties. Mr. Hernandez is offering the City the opportunity to re-Iocate its Public Works Facility to this site. Furthermore, Mr. Hernandez is amendable to either a direct sale ofland to the City or to consider a lease or lease/purchase alternative. The economic climate obviously makes it very difficult for the City to seriously consider the opportunities proposed by Mr. Hernandez. However, it is the same economic climate that may, in fact, make this a cost effective scenario for the City. The desire to redevelop the existing Public Works Complex located at NE 9th Avenue, a residential neighborhood, is still a factor. Therefore, the sooner that relocation of the complex occurs, the more likely it will be to attract developers to consider investment in this portion of the Heart of Boynton. Staff is very aware of other City priorities/projects such as the Police Facility and South Congress Park. However, staff would be remiss to not bring this opportunity, put forth by New Urban Communities, to the attention of the elected body. PROGRAM IMPACT: Possible relocation would result in moving the Public Works Complex out of the Heart of Boynton to allow for residential growth within the area and also would provide much needed space for City vehicles, City maintenance shops and various offices located at the current complex. FISCAL IMP ACT: Unknown at this time. Fiscal impact would be assessed in more detail if this matter is explored further. S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TE RJ"\ A TIVES: Staff foresees two options as follows: I. Authorize staffto proceed with exploratory negotiations with New Urban Communities for the purpose of constructing a Public Works Facility on the northwest comer of High Ridge Road and Miner Road and to further explore possible funding alternatives. A follow up report would be provided to the City Commission detailing the discussions and alternatives. 2. Authorize staff to advise New Urban Connnunities that the City is not interested at this time in relocating the Pubhc' Warks Facility and that the developer may proceed with preparation of a private development plan submittal according to rules promulgated by the City's Land Development Regulations. /) ~~ ' , /' City Manager's Signature ~J-bL G itt(~.~:> Assistant to City Manager ......~ Department Name City Attorney;' Finance S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC New urban+communities Ke cel~tJ el"cJ,c.tI, ~ 1/.1 September 24, 2008 Mr. Kurt Bressner, City Manager City of Boynton Beach 100 Boynton Beach Boulevard Boynton Beach, FL 33425 Dear Mr. Bressner: Weare the owners of the 18.44 acre High Ridge residential development located at the NW comer of High Ridge Road and Miner Road within the City of Boynton Beach. We were very optimistic about this property when we bought it, but the continuing housing downturn has adversely affected our ability to develop it as planned. Earlier this year the City approved a site plan change from 126 townhomes to 110 single family homes. However, despite a year long effort to market the property for residential use, we have been unable to generate sufficient interest among homebuyers for our lender to allow us to proceed with the development as planned. In the meantime, we received several unsolicited offers to purchase the property for Industrial use. Weare in the process of filing a land use amendment to change the designation of the property from Medium Density Residential to Industrial. During a pre-application meeting with City staff, we were advised that the City is in need of a new public works yard and were asked if we would consider selling or leasing all or a portion of our site, subject to further review by staff and approval by the City Commission. It was indicated that this property was of adequate size and well located for such a use. We have discussed this concept internally and would consider selling or leasing either all or part (but in no case less than 8.5 acres of the property) to the City of Boynton Beach. A key reason we would be willing to sell to the City is that our land use plan amendment for the remaining parcel could be processed as a small scale amendment instead of large scale amendment required for the entire possible, as small than 10 acres. Following are terms and conditions that would be acceptable to us under both scenarios: Purchase scenario: Under a purchase, we would be willing to sell the City all or part of the property at a price of $10 per square foot. If the City purchased only a portion of the property, then we would need to approve the location of the land purchased by the City. We would also request a closing take place prior to the end of calendar 2008, to enable us to take a tax loss in connection with the sale. No brokerage commission would be paid. lfthe closing could not take place during calendar 2008, we would still be willing to sell the property to the City, but we would need to get a higher price, $11 per square foot. 398 NE 6th Avenue, Delray Beach, FL 33483 Tel (561) 279-8706 Fax (561) 272-3951 www.newurbancommunities.com Mr. Kurt Bressner September 24. 2008, Page 2 Lease scenario: We would be willing to enter into a NNN Ground Lease at S(U';6 per gross square foot ofland leased by the City. The initial tem1 of the lease would need to be at least Fifteen (15) years, with two (2) five (5) yearrenewals. The lease will have annual escalations of 2.5%. Ifthe City leased only a portion of the property, then we would need to approve the location of the land leased by the City. If the lease and commences during calendar 2008. we would be willing to reduce the lease rate to $0.83 per gross square foot. We appreciate your interest in the land. We ask that this proposal be considered 111 executive session by the City Commission and some indication of the City's level of interest be provided to us at the earliest possible date so we can modify our land use amendment if necessary. Ideally, the City Commission would authorize ( 1) site desIgn studies to be undertaken and (2) basic terms and conditions of a purchase or lease be negotiated by staff. Attached are aerials of the property, which has been cleared and filled to grade. Please call me if you require any additional information. Thank you for your time and consideration. Sincerely, New Urban High Ridge, L.L.C. Tim Hernandez, AICP Principal c: Kevin E. Rickard Jeff Livergood, P.E. Brian Grossberg . - . - - . - . - ~ II: . . . - ~ . . . I I I I I . I - -.. .... "'l "i,i - --..- ..........--- "'" .......... ... ",. . ........ .:~.,;fj~;,t ~ " ., .",..-~ '':;. "'-.-... .- ....t' '- ;;. .,J.1I'" ~' -0 . .. . . . . . . ._~ ' .. ........... .....,;.;:,.,. r~Jif;'l1il'. '.' .i~, .......j.~.,...i:.d...l..~. ....~. .j.,.,...~.,.i.~..~..R,,&...._tl'0>,\I;""iV~" - - -.......... -....""'" Your Project Name or to,o Here Pnnt #70423105 Your Company Name I Logo Here and up to 3 additonaf Imes of Dale 04/23107 IMIllViOwA.-lr.~ text to distinguish your project!! ~_~, InI:: 954.56B.(J'~4 . - - . . II: . . - . - . - . - I . . I I I . I I I I - . . . ~ - ,~ ,.,""", ..........-..r .C .'C "CC'''V''~__,:,-.~ ~. ~~;- , ., ..,....... - "'-~ "';. ;",-, .. - ~ - - -,~.. ,i~_,.. r~. , L ,.. ;"'1<..,. XI. - NEW BUSINESS CITY OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FORln Requested City Commission Date Final Form Must be Turned in Requested City Commission Date Final Form Must be Turned in Meeting Dates to Citv Clerk's Office Meeting Dates to Citv Clerk's Office c=J August 19,2008 August 4, 2008 (Noon) o October21,2008 October 6, 2008 (Noon) c=J September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) c=J September 16,2008 September 2,2008 (Noon) o November! 8, 2008 November 3, 2008 (Noon) c=J October 7, 2008 September 15,2008 (Noon) [8J December 2, 2008 IlL November 17,2008 (Noon) -rabkd to DeL. I e,.- 0 Anno uncements/Presentati ons 0 City Manager's Report NATURE OF 0 Administrative ~ New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Lt:gal Settlements 0 Unfinished Business 0 Public Hearing c=J RECOMMENDATION: Review procedure for rotation of Vice-Mayor position. Code as written does not provide for annual rotation as did earlier version, EXPLANA nON: At the request of Commissioner Ross, the City staff performed a legislative analysis of Section 23 ofthe City Charter and Section 2-1.2 of the City Code. Section 23 of the City Charter was amended last in 2002 and did provide for annual review of the Vice-Mayor position. Section 2-1.2 as adopted in 2003 provided for annual selection and a rotation system for the Vice Mayor following the November elections or each year in the event that an election was not held. The operative language in the City Code was that the discussion on the Vice Mayor was scheduled for the second meeting of November each year. In April 2008, with the shift ofthe municipal elections from November back to March, Section 2-1.2 was amended again. However, the language in the 2008 code change was keyed specifically to the Vice Mayor selection after a municipal election. Prior to 2002 when the City had two-year terms, there was an election each year. However in 2002, the Charter changed to three-year terms. This means that the City would not have an election every year. The next municipal election will be March 2010, then March 2011 and then March 2013. In order to have an annual review of the Vice Mayor position, the City Code will need further modification. Attached as Exhibit A is a report that summarizes staff research. PROGRAM IMP ACT: A change in the Section 2-].2 will bring the City Code into compliance with the terms of Section 23 of the City Charter, which contemplates an annual review. The change will also afford members of the City Commission to serve as Vice-Mayor on an annual rotating basis. FISCAL IMP ACT: None AL TER~V:S: Do not make the 'nde ,hange and hold the ,hange ;n 7)ce-Mayo, to MatCh 2010 pet the 'u"ent code. ~filL_~ ~~ Department Head's Signature City Manager's Signature Assistant to City Manager Department Name City Attorney I Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Exhibit A Here is the original language that was In the City Code when we had elections in November This was put into effect in 2003. It put an annual rotation schedule mto place Sec. 2-1.2. Vice-Mayor appointment. At the second regular City Commission meeting in November of each year, the City Commission shall appoint one of its members to serve as Vice-Mayor. Any member of the City Commission who has not previously served as Vice-Mayor during his or her current term of office may be selected to serve as Vice- Mayor. No second of the nomination is required. Voting shall occur in the following manner: Voting shall be by voice vote. Each member of the Commission shall vote for one nominee in each round of voting until one person obtains a majority vote. If no nominee obtains a majority in round one, there is another round of voting but the nominee with the least number of votes does not move on to round two. If there are four nominees in round one, the nominee with the most votes wins. If only one member is nominated to serve as Vice-Mayor. the Mayor shall declare the nominee appointed by acclamation without the necessity of a vote. (Ord. No. 03-063, ~ 1. 12-16-03) Here is the language per the current City Code as approved In April 2008 The language does not specifically call for an annual appointment Sec. 2-1.2. Vice-Mayor appointment. At the second regular City Commission meeting following the swearing in of newly elected officers. the City Commission shall appoint one of its members to serve as Vice-Mayor. Any member of the City Commission who has not previously served as Vice- Mayor during his or her current term of office may be selected to serve as Vice-Mayor. No second of the nomination is required. Voting shall occur in the following manner: Voting shall be by voice vote. Each member of the Commission shall vote for one nominee in each round of voting until one person obtains a majority vote. If no nominee obtains a majority in round one. there is another round of voting but the nominee with the least number of votes does not move on to round two. If there are four nominees in round one. the nominee with the most votes wins. Ifonly one member is nominated to serve as Vice-Mayor. the Mayor shall declare the nominee appointed by acclamation without the necessity of a vote. (Ord. No. 03-063. ~ L 12-16-03: Ord. No. 08-005. ~ 3.4-] -08) S'\BULLETINIFORMSIAGENDA ITEM REVUES!' FlJRM DOl CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM City Charter Language Sec. 23. Mayor, Vice Mayor; election, procedure. At the first regular or special meeting of the City Commission immediately following an election, the Vice-Mayor of the City shall be selected by a vote of the Mayor and Commission. The Vice-Mayor of the City shall serve in such capacity for a period of one year until the next general election of a member of the commission. In the event, of a vacancy in the office of Mayor, the Vice-Mayor shall automatically assume the duties of said office until a successor Mayor is elected as provided herein. If, for any reason, there shall be a vacancy in the office of Mayor, a special election shall be held within sixty (60) days of the date of said vacancy, provided that should said vacancy occur within one hundred (100) days of a regularly scheduled general election, no such special election shall be held and the Mayor, or successor Mayor, shall be elected at the general election. Upon the election of a successor Mayor, the Vice-Mayor shall reassume his duties as Vice-Mayor and the successor Mayor shall serve for the remainder of the term of the originally duly elected Mayor. In the event of a vacancy in the office of Vice-Mayor, the vacancy on the City Commission shall be filled by the Commission in the manner herein otherwise provided, and a successor Vice-Mayor shall be elected by a vote of the Mayor and City Commission. (Laws of Fla. 1947, Ch, 24398, S 19; Laws of Fla., Ch, 63-1122, S 1; Ord. No. 80-41, S 2,10-21-80; Ord. No. 83-54, S 2,2-7- 84, election of 3-13-84; Ord. No. 97-36, S 2, 8-5-97, election of3-10-98; Ord. No. 02-043, S 4, 8-20-02, election of 11-5-02) Please note the one-year language. This worked fine when we had two-year terms which meant that there was an election each year However, we changed to three-year terms in the election of November 5, 2002 (when there were substantial charter changes). Because the Charter limits the term of the Vice-Mayor for a period of one year, Section 2-1.2 of the City Code, as presently written, may need review. City Charter Language on Terms of Office (also approved in 2002 by the voters) Sec. 19. Terms of elective offices. (a) All elective offices shall be for the term of three (3) years and no person shall be eligible to hold any elective office for more than two (2) consecutive terms. For purposes of this section, elective office shall include both mayor and commission member, (b) The resignation from, or forfeiture of, an elective office during any part of a three (3) year elective term shall be deemed to constitute a full and complete term under the provisions of this section. (Laws of Fla. 1947, Ch, 24398, S 15; Laws of Fla. Ch, 67-1118, S 1: Ord. No. 87-30, S 1,9-15-87, election of3-8-88; Ord. No. 87-38, 9 1, 10-20-87, election of3-8-88; Ord. No. 00-41, S 2, 8-15-00, election of 11-7-00; Ord. No. 02-043, S 4, 8-20-02, election of 11-5-02) S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM In my opinion. the Charter still calls for one-year terms for the Vice-Mayor My recommendation would be for the section 2-1.2 to be further amended to reflect an annual rotation of the Vice-Mayor for the first meeting in April or the second meeting of March each year Here IS my suggested change Sec. 2-1.2. Vice-Mayor appointment. - Proposed Revision At the second regular City Commission meeting following the swearing in of newly elected officers(Revised language -- or annually the first meetin2 in April in years were there is not a municipal election,) the City Commission shall appoint one of its members to serve as Vice-Mayor. Any member of the City Commission who has not previously served as Vice- Mayor during his or her current term of office may be selected to serve as Vice-Mayor. No second of the nomination is required. Voting shall occur in the following manner: Voting shall be by voice vote. Each member of the Commission shall vote for one nominee in each round of voting until one person obtains a majority vote. If no nominee obtains a majority in round one. there is another round of voting but the nominee with the least number of votes does not move on to round two. If there are four nominees in round one. the nominee with the most votes wins. If only one member is nominated to serve as Vice-Mayor, the Mayor shall declare the nominee appointed by acclamation without the necessit) of a vote. (Ord. No. 03-063. ~ 1. 12-16-03: Ord. No. 08-005. ~ 3.4-1-08) Kurt Bressner November 24. 2008 SIBULLETIN\FORMSIAGENDA ITEM R.E<)lIEST FURM !Jlll XII. - LEGAL - 2nd Reading Non-Development ITEM 8.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 16, 2008 December 1,2008 (Noon) D February] 7, 2009 February 2, 2009 (Noon) D January 6, 2009 December 15.2008 (Noon) D March 3, 2009 February 17,2009 (Noon) 0 January 20, 2009 January 5, 2009 (Noon) 0 March 17, 2009 March 2, 2009 (Noon) Cl.l; 0 C'J~ 0 D April 7,2009 CO :::i~ February 3, 2009 January 19,2009 (Noon) March 16, 2009 (NOOlG:) -<b f"r1 (") ""f't n r-'" , rr'I:O D (".) :;:13-< D Announcements/Presentations City Manager's Report ~,::c. . --l D D -0 ('/)o NATURE OF Administrative New Business ::c i AGENDA ITEM D Consent Agenda 0 Legal (".) .. 0 Code Compliance & Legal Settlements D Unfinished Business W 1"'0 D D ':z: Public Hearing RECOMMENDATION: Please place this request on the December 16th City Commission Agenda under Legal, Ordinances-Second Reading. The ordinance was approved on First Reading on December 2, 2008, which further amends Chapter 20, Part III of the Land Development Regulations in connection with, in part, the Community Rating System program (CRS), recent updates to the Florida Building Code, and the proposed changes to and relocation of the minimum property maintenance requirements for the City. For further details pertaining to this request, see attached Department Memorandum No. 08-091. EXPLANATION: The subject interim amendments involve Chapter 20 of the existing Land Development Regulations (Buildings, Housing and Construction General), which consist of the following topics: building security code, electrical code, energy efficiency, flood prevention, housing, swimming pools and spas, workforce housing, and historic preservation. The proposed amendments are intended to 1) enhance and relocate the property maintenance requirements (proposed for Chapter 10 of Part II, City Code of Ordinances); 2) amend the flood damage prevention requirements and 3) maintain consistency with corresponding updates to the Florida Building Code and eliminate redundancy with same. With the exception of a minor "house-cleaning" insertion into the workforce housing section, the remaining sections of Chapter 20 remain unchanged at this time, but may undergo substantial updating as part of a future LDR-rewrite deliverable. It should be emphasized that the timing of these interim amendments to Chapter 20 is driven primarily in connection with the preparation for the upcoming 5-year recertification process of the Community Rating System. PROGRAM IMP ACT: Continued enhancement of applicable regulations could ultimately improve the City's CRS rating and lower insurance rates for residents. FISCAL IMPACT: N/A ALTERNATIVES: adopt proposed amendments or adopt with changes. .....(L-v~ City K1anager's Signature Assistant to City Manager ~ Z/J2 /_ Planning and~ng Director City Attorney / Finance S:\PlanninglZoning Code Update\LDR Rewrite\Agenda Requests\Agenda ltem Request LDR Rewrite Ch 20 Interim Amend 2nd reading 12-16-08.doc S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC i I ! ! i I I 1 I ORDINANCE NO. 08- (> .35 " - -, AN ORDINANCE OF THE CITY COMMISSION OF THE J 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 THE CITY OF BOYNTON BEACH CODE OF 6 ORDINANCES BY AMENDING CITY OF BOYNTON 7 BEACH CODE OF ORDINANCES PART III, CHAPTER 8 20, ARTICLE I, "'IN GENERAL''' TO PROVIDE FOR 9 APPLICABILITY OF SPECIFIC CODES THAT 10 EST ABLISH MINIMUM BUILDING AND 11 CONSTRUCTION STANDARDS; PROVIDING FOR THE 12 ABILITY OF THE CITY COMMISSION TO ADOPT A 13 SCHEDULE OF FEES FOR THE ADMINISTRATION 14 AND ADOPTION OF THE FLORIDA BUILDING CODE, 15 AS AMENDED; AMENDING ARTICLE VIII, '"FLOOD 16 DAMAGE PREVENTION", TO PROVIDE FOR 17 UPDATING OF LANGUAGE AND TECHNICAL 18 REVISIONS; AMENDING ARTICLE VIII, SECTION 3, 19 "'LOCAL HOUSING ASSIST ANCE PROGRAM", TO 20 PROVIDE FOR RE-CODIFICA TION AS ARTICLE VIII, 21 "'LOCAL HOUSING ASSIST ANCE PROGRAM"; 22 PROVIDING FOR CONFLICTS, SEVERABILITY, ,,-, CODIFICATION AND AN EFFECTIVE DATE. ~.J 24 25 WHEREAS, the City Commission desires to amend the City's Property Maintenance 26 Code in order to provide a mechanism for an update as to general language. and the ability of 27 the City Commission to adopt a schedule of fees to administer and enforce the Florida 28 Building Code and other applicable codes within the City by resolution; and 29 WHEREAS, the adoption of a these revisions to the City's Building, Housing, and 30 Construction Regulations, as provided in Chapter 20 of the City's Land Development 31 egulations will be in the best interest of the health, safety, and welfare of the residents. .,,, itizens, and business within the City of Boynton Beach. -~- .,., NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF _~ .J 34 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: "\CAIOrdmances\Ch 20 sans PMR REV! doc 1 1 Section 1. The foregoing whereas clauses are true and correct and are now ratified 2 and confirmed by the City Commission. 3 Section 2. That Part III, "Land Development Regulations", Chapter 20, Article I, "In 4 General", be, and the same is hereby amended to read as follows: 5 ARTICLE I. IN GENERAL 6 7 Section 1. Penalties. 8 9 Any person convicted of the violation of any of the terms or provisions of this 10 I chapter or any code or standards adopted hereby shall be subject to the penalties 11 punished as provided by Section 1-6 of the City of Boynton Beach Code of 12 Ordinances. If any person commences any work on a building, structure, plumbing, 13 mechanical or gas system before obtaining the necessary permit, he shall be subject to 14 a penalty of four (4) times the established permit fee. The EiDirector of EiDevelopment 15 may allow a waiver of the penalty fee, in whole or in part, when such waiver~ 16 supported by the circumstances that apply to the specific instance of imposing a 17 penalty fee, and does not violate the best interests of the eeity. 18 19 Section 2. Certificate of Treatment for Termites Before any slab inspection 20 i:; performed by the dc'\'clopment department for the continued construction of any 21 improyements on ~my property in the city, the owfter of said property or hi:; contractor 22 shall furnish n certificate from a city licensed extenl1inator that the soil has been 23 treated for tennites.Reserved. 24 25 Section 3. Minimum building and construction standards. 26 27 I A. The Florida Building Code 2004, Gas, Mechanical and Plumbing 28 Codes, 2004 Edition, and the 24m--2005 National Electrical Code including future 29 editions or revisions as adopted by the city, are hereby adopted as the minimum 30 Building Code for the City of Boynton Beach. 31 32 I B. Chapter 1, Administration, as described in the Boynton Beach 33 Amendments, and is incorporated herein in the Florida Building Code 2004, Gas, 34 I Mechanical and Plumbing Codes, 2004 Edition, and the ~2005 National Electrical 35 Code. 36 37 I C. The City of Boynton Beach Administrative Amendments to the 2004 38 Florida Building Code, Plumbing, Mechanical, Gas and ~2005 National Electrical 39 Code are incorporated in this document and made a part hereof, copies shall be 40 maintained on file in the Office of the City Clerk and shall be available to the public. I 41 :\CA\OrdinancesICh 20 sans PMR REVJ.doc 2 i ] D. All construction regulation fees as referenced or described in the :Jbo\ c '/ codes are subject to amendment by resolution by the City CommissIon. Cunent Ict' - " schedules shall be maintained on file in the Office of the Cit\' Clerk and shal \ be J 4 available, without charge. to the public. S 6 Section 4. Fees. 7 8 I A, -Fees assessable by the City of Boynton Beach for the administration 9 and enforcement of the Florida Building Code and the City of Boynton Beach 10 Administrative Amendments to the Florida Building Code. pursuant to this Chapter 11 and F.S.553.79, 553.80 & 166.222. shall be established by the City Commission by 12 resolution from time to time. 13 I 14 B. Building Division permit fees shall be based upon the valuation of 15 I buildings and systems~ and shall represent the total proiectreplacement value. The 16 project value shall ffi-include structuraL electric, plumbing, mechanical, interior finish. 17 normal building related site work (excavation and backfill for buildings). architectural 18 and design fees, overhead and profit: excluding only land value. Building valuation 19 shall be based upon bona fide executed construction contracts. proprietary builder 20 documentation, or other nationally recognized construction cost analysis service. 21 which would include regional adjustments. such as the most current edition of RS '1'/ Means Construction Estimating Cost Data. '1" I _J 24 C. A revision to a permit shall not be issued until the additional fee. if an\'. '1' due to an increase in estimated cost of the building, electrical. plumbing. gas. "-) 26 mechanical. landscaping or site development, has been paid. 27 28 I 0.. Reserved. B. Interim services fee, The City Commission 29 hereby establishes an "interim services fee" "vhich is an annual user charge applicable. 30 except during the Suspension Period as provided hereinafter, to structures certified for 31 occupancy by the city development department but not appearing on the Palm Beach 32 County tax rolls as an improvement to real property. 33 34 1. Reserved. 35 36 ') Levied. Except during the Suspension Period as provided hereinafter. 37 every structure located \vithin the city and not yet appearing on the county tax roll. 38 shall be subject to an interim services fee. This interim ser'.'ices fee shall be in effect 39 from the date of the issuance of a certificate of occupancy or certificate of completion 40 to January 1 of the year following the issuance of the certificate; provided, the levy of 41 the interim service fee is suspended, effective June 11, 1999, until such suspension is 42 I repealed by adoption of ffi1 ordinance by the City Commission of the City of Boynton 4" Beach (the "Suspension Period" ). Said fec shall be charged in accordance '""ith the feL' .1 44 " schedule '.'(hich is attached to Ordinance No. 91 17 Exhibit "B" and the as 45 computation hereinafter set forth. 46 "\CA\OrdmancesICh 20 sans PMR REV! doc 3 ! 1 a. Dwelling unit computation. For the purposes of this subsection and 2 Exhibit "B", d\velling unit computation shall be made as [ol1o\\'s: 3 4 (1) Each single family unit, including condominium, apartment and 5 hotel unit, shall count as one. 6 7 (2) For commercial and/or industrial structures, divide the total 8 building square footage for each such industrial and/or commercial structure by one 9 thousand (1,000) square feet rounded to the nearest tenth (0.1 ). 10 11 b. Fee determination; proration. The dVlelling unit computation shall be 12 utilized in conjunction with the fee schedule set forth in Exhibit "B" in computing the 13 interim services fee. The following example illustrates how the interim services fee is 14 arrived at: 15 16 Example: A 22,565 square foot office building is issued a certificate of 17 occupancy in December of any given year: 18 19 22,565 . 1 ,000 - 22.565 20 21 22.6 X $10.23 - $231.20 22 23 Interim services fee for this structure 'Nould be $231.20. 24 25 3. Procedure. Except during the Suspension Period set forth above, the 26 director of development shall collect the interim ser'.'ices fee prior to the issuance of a 27 certificate of occupancy or certificate of completion by the development department. 28 29 1. Distribution. Except during the Suspension Period set forth above, on a 30 daily basis, the development department shall promptly remit monies collected 31 pursuant to this section to the city finance director. 32 33 5. Eligibility for municipal serviccs. Except during the Suspension Period set 34 forth above, no improvement shall be eligible for municipal services unless an interim 35 services fee has been paid. 36 37 6. Creation of trust fund. The finance director shall deposit all funds 38 collected into a non lapsing trust fund established and maintained by the city. The 39 use of such funds ,<'(ill be restricted and limited to expenditures for public safety, 40 physical environment (public works administration costs), maintenance and services 41 for roads and streets, health (animal control), library and parks and recreation, which 42 are associated with the properties from which the funds were collected. The city 43 manager shall provide the City Commission with recommendations for expenditures I 44 I of these funds during the annual budget process or from time to time as noeded. Such 45 expenditures of funds shall be limited to a percentile of total fees collected for each of 46 the services as identified herein. The City Commission by resolution must appro'.'c all ICAIOrdinanceslCh 20 sans PMR REVl.doc 4 I. 1 expenditures from said trust fund upon determination that said expcnditure-.---aft' , appropriate. - " J 4 Section 5. Reserved. Accessibility by handicapped. 5 6 .^Jl construction must conform "",ith federal. state and county accessibility rules and 7 regulations including, but not limited to. the Florida Accessibility Code. January 1991 8 Edition. In addition, all interior doors in all d\velling units, hotel rooms and motel 9 rooms on first floor only or floors serviced by elevators shall have a minimum of 10 t'vVenty nine (29) inches clear opening, (door of at least thirty two (3]) inches in 11 \vidth) ";\lith the exception of storage rooms and closets. 12 13 Section 6. Coastal building zone and code. 14 15 I A. The coastal building zone for the city is the land area from the seasonal 16 high-water line landward to a line one thousand five hundred ( 1.500) feet landward 17 from the coastal construction control line as established pursuant to Section 161.053. 18 Florida Statutes. Development projects within this zone must utilize best management 19 construction techniques for natural resource protection and must conform to the goals. 20 objectives and policies of the comprehensive plan of the city. Chapter B7. Coastal 21 Management. I} ," B. The coastal construction code was adopted on August 19. 1986 and -.) 24 I applies to all construction within the coastal building zone. and is incorporated herein 25 bv reference. ItA copv is not set out at length herein. but is on file and available for 26 inspection in the offices of the city clerk and the director of development. 27 28 Section 7. Reserved. Soil tests. 29 30 Where the bearing capacity of soil is not definitely Imo\'m, the director of 31 I development may require test or other adequate proof to establish permissible safe "j bearing capacity. Tests shall be certified. signed and sealed by ;} Florida registered .)- I "" engineer. and shull be submittod with the building permit application. JJ 34 I 35 Section 3. That Part III. "Land Development Regulations", Chapter 20. Article VII. 36 'Flood Damage Prevention". be. and the same is hereby amended to read as follows: 37 ARTICLE VII. FLOOD DAMAGE PREVENTION 38 39 I Section 1. Generally. 40 II 41 A. Statutory authorization. The Legislature of the State of Florida has 42 " , authorized in Chapter 166 of Florida Statutes dele:;ated the responsibility to luc;}] I 4" governmental units to adopt regulations designed to promote the public health. safet) .' I ~ \CA\Ordinances.l'h 20 sans PMR REV] doc , . ~ II i 1 and general welfare of its citizenry. Therefore, the City Commission of Boynton 2 Beach, Florida, does ordain as set out herein. 3 4 B. Finding of fact. 5 6 l. The flood hazard areas of Boynton Beach, Florida, are subject to periodic 7 inundation which results in loss of life and property; health and safety hazards; 8 disruption of commerce and governmental services; extraordinary public expenditures 9 for flood protection and relief; and impairment of the tax base; all of which adversely 10 affect the public health, safety and general welfare. 11 12 I 2. These flood losses are caused by the cumulative effect of obstructions in 13 floodplains causing increases in flood heights and velocities, and by the occupancy in 14 flood hazard areas by uses vulnerable to floods or hazardous to other lands which are 15 I inadequately elevated, tloodproofcdflood proofed or otherwise unprotected from flood 16 damages. 17 18 I C. Purpose. It is the purpose of this article to promote the public health, 19 safety and general welfare and to minimize public and private losses due to flood 20 conditions in specific areas by provisions designed to; 21 22 I l. Restrict or prohibit uses which are dangerous to health, safety and 23 property due to water or erosion hazards, or which result in damaging increases in 24 erosion or in flood heights or velocities; 25 26 I 2. Require that uses vulnerable to floods, including facilities which serve 27 such uses, be protected against flood damage at the time of initial construction; 28 29 I 3. Control the alteration of natural floodplains, stream channels and natural 30 protective barriers which are involved in the accommodation of flood waters; 31 32 I 4. Control filling, grading, dredging and other development which may 33 increase erosion or flood damage; and, 34 35 I 5. Prevent or regulate the construction of flood barriers which will 36 unnaturally divert flood waters or which may increase flood hazards to other lands. 37 38 I D. Objectives. The objectives of this article are: 39 40 I l. To protect human life and health; 41 42 I 2. To minimize expenditure of public money for costly flood-control 43 projects; 44 I . 45 I ..., To minimize the need for rescue and relief efforts associated with :I. 46 flooding and generally undertaken at the expense of the general public; :\CA \Ordmances\Ch 20 sans PMR REV 1,doc 6 1 ~ 4. To minimize prolonged business interruptions: '" .) 4 5. To minimize damage to public facilities and utilities such as \vater and 5 gas mains. electric. telephone and sewer lines. streets and bridges located '11 6 floodplains: 7 8 I 6. To help maintain a stable tax base by providing for the sound use and 9 development of f1ood-prone areas in such a manner as to minimize future flood-blight 10 areas: and. 1 ] 12 I 7. To insure that potential homebuyers are notified that property is in a llood 13 area. 14 15 I E. Terms. Words or phrases used in this article shall have the meaning they 16 have in common usage and to give this article its most reasonable application. 17 ]8 I Area of shallOl'i' flooding - a designated AO or VO zone on a community's 19 flood insurance rate map (FIRM) with base f100d depths from one ( 1 ) to three (3) feet 20 where a clearly defined channel does not exist. where the path of flooding 1S 21 unpredictable and indeterminate. and where velocity flow may be e\ident. 22 ,'" I Area of -"pecial flood hazard - land in the floodplain subject to a one ( ] ) per ~-) 24 cent or greater chance of flooding in any given year. ~- ~) 26 I Baseflood - a flood having a one (1 ) per cent chance of being eq ualledeq ualed 27 or exceeded in any given year. 28 29 I Breakaway wall - a wall that is not part of the structural support of the building 30 and is intended to collapse without causing damage to the elevated portion of the 31 building or the foundation system. "', j- ~" I ' Coastal high ha::ard area - the area subject to high velocity \\'aters caused by. jj 34 but not limited to. hurricane wave wash or tsunamis. The area is designated in a 35 FIRM as zone Vl-30. VE or V. 36 "7 I Flood or flooding - a general and temporary condition of partial or complete j, 38 inundation of normally dry land areas from the overflow of inland or tidal waters or 39 the unusual and rapid accumulation of runoff of surface \vaters from any source. 40 41 I Flood hazard boundary map (FHBA,fJ - an official map of a communit) issued 42 II by the Federal Emergency Management Agency \vhere the boundaries of the areas of 43 special flood hazard have been defined. 44 ' I ICA \OrdJllanccslCh 20 sans PMR REV I due II 7 I I I 1 Flood insurance rate map (FIRM) - an official map of a community on which 2 the Federal Emergency Management Agency has delineated both the areas of special 3 flood hazard and the risk premium zones applicable to the community. 4 5 I Flood insurance study - the official report provided by the Federal Emergency 6 Management Agency which contains flood profiles, flood boundary-floodway map 7 and water surface elevation of the base flood. 8 9 I Floodway - the channel of a watercourse and the adjacent land areas that must 10 be reserved in order to discharge the base flood without cumulatively increasing the 11 water surface elevation more than one (1) foot. 12 13 I Functionally dependent facility - a facility which cannot be used for its 14 intended purpose unless it is located or carried out in close proximity to water, such as 15 a docking or port facility necessary for the loading and unloading of cargo or 16 passengers, shipbuilding, ship repair or seafood processing. The term does not include 17 long-term storage, manufacture, sales or service facilities. 18 19 I Mangrove stand - an assemblage of trees which contain one or more of the 20 following species: black mangrove, red mangrove, white mangrove and buttonwood. 21 22 I Mean sea level - the average elevation of the sea for all stages of the tide. The 23 term is synonymous with national geodetic vertical datum (NGVD). 24 25 I National geodetic vertical datum (NGVD) - a vertical control used for 26 establishing varying elevations within the floodplain. 27 28 I New construction - structures for which the "start of construction" commenced 29 on or after the effective date of this article. 30 31 I Sand dunes - naturally occurring accumulations of sand in ridges or mounds 32 landward of the beach. 33 34 I F. Application. This article applies to all areas of special flood hazard 35 within the jurisdiction of Boynton Beach, Florida. Those areas are identified by the 36 Federal Emergency Management Agency in its Flood Insurance Rate Map (FIRM) 37 120196 0001-0005, dated September 30, 1982, and any revisions thereto are adopted 38 by reference and declared to be a part of this article. 39 40 I G. Development permit. A development permit is Rrequired prior to the 41 commencement of any development activities. 42 43 I H. Compliance. No structure or land shall hereafter be located, extended, 44 . converted or structurally altered without full compliance with the terms of this article . 45 and other applicable regulations. 46 :\CA\Ordinances\Ch 20 sans PMR REV I.doc 8 I 1. Abrogation and greater restrictions. This article i:-; nut intendi:d !, i 2 repeal. abrogate or impair any existing easements. covenants or deed restnctl\ 11\'. '" However, where this article and another conflict or overlap, whiche\er impo<;c:,. the -' 4 more stringent restrictions shall pre\ail. 5 6 J. Interpretation. In the interpretation and application of this article all 7 provisions shall be: 8 i 9 1. Considered as minimum requirements; 10 J 11 I Liberally construed in favor of the governing body: and 12 13 '1 Deemed neither to limit nor repeal any other powers granted under state .). 14 statutes. 15 16 I K. Warning and disclaimer. The degree of flood protection required by this 17 article is considered reasonable for regulatory purposes and is based on scientific and 18 engineering considerations. Larger floods can and \\'ill occur, Flood heights may be 19 increased by man-made or natural causes. This article does not imply that land outside 20 the areas of special flood hazard or uses permitted within such areas will be free from 21 flooding or flood damages. This article shall not create liability on the part of II Boynton Beach, Florida. or by any officer or employee thereof for any flood damages ,'1 that result from reliance on this article or any administrative decision lawfully made --' 24 thereunder. ,~ -) 26 I L. Penalties for violation. Violation of the proVISIOns of this article or 27 failure to comply with any of its requirements, including violation of conditions and 28 safeguards established in connection with grants of variance or special exceptions. 29 shall constitute a misdemeanor. Any person who violates this article or fails to 30 comply with any of its requirements shall, upon conviction thereof be fined not more 31 than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days. or '11 both, and in addition shall pay all costs and expenses involved in the case. Each day j~ I "''1 such violation continues shall be considered a separate offense. Nothing herein j.) 34 contained shall prevent the City of Boynton Beach from taking such other lawful 35 action as is necessary to prevent or remedy any violation, 36 37 I Section 2. Administration. 38 39 A. Admini stratol'. The director of development is hereby appointed to 40 administer and implement the provisions of this article. 41 42 II B. Duties and responsibilities of the administrator. Duties 01 the 43 administrator or his designee shall include. but not be limited to: 44 " 45 I 1. Review all development permits to assure that the permit requirements of 46 this article have been satisfied. I \l'A"Ordlnances\Ch 20 sans PMR RFV I dOl l) I I i 1 2 2. Advise permittee that additional federal or state permits may be required, 3 and if specific federal or state permits are known, require that copies of such permits 4 be provided and maintained on file with the development permit. 5 6 3. Notify adjacent communities and the state department of community 7 affairs prior to any alteration or relocation of a watercourse, and submit evidence of 8 such notification to the Federal Emergency Management Agency. 9 10 4. Assure that maintenance is provided within the altered or relocated 11 portion of said watercourse so that the flood-carrying capacity is not diminished. 12 13 I 5. Verify and record the actual elevation (in relation to mean sea level) of 14 the lowest floor (including basement) of all new or substantially improved structures, 15 in accordance with paragraph C. 16 17 6. Verify and record the actual elevation (in relation to mean sea level) to 18 which the new or substantially improved structures have been l1oodproofedflood 19 proofed, in accordance with paragraph C. 20 21 I 7. In coastal high hazard areas, certification shall be obtained from a 22 registered professional engineer or architect that the structure is securely anchored to 23 adequately anchored pilings or columns in order to withstand velocity waters and 24 hurricane wave wash. 25 26 I 8. In coastal high hazard areas, the administrator shall obtain certification for 27 the adequacy of breakaway walls in accordance with article VII, Section 3.B.S.h. 28 29 I 9. When fI.ee~fi.flgflood proofing is utilized for a particular structure, 30 the administrator shall obtain certification from a registered professional engineer or 31 architect. 32 33 I 10. Where interpretation is needed as to the exact location of the boundaries 34 of the areas of special flood hazard (for example, where there appears to be a conflict 35 between a mapped boundary and actual field conditions), the administrator shall make 36 the necessary interpretation. The person contesting the location of the boundary shall 37 be given a reasonable opportunity to appeal the interpretation as provided in this 38 article. 39 40 I 11. When base flood elevation data has not been provided in accordance 41 with article VII, Section I.F, the administrator shall obtain, review and reasonably 42 utilize any base flood elevation data available from a federal, state or other source, in ~~ I . order to administer the provisions of Section 3. The finished floor elevation of all habitable space in new construction, not located in a flood zone. shall be elevated a , 44 I 45 minimum of twelve (12) inches above the crown of anv adjacent roadway. 46 \e A \Ordinances\Ch 20 sans PMR REV I doc 10 i I 1 12. All records pertaining to the provislOl1S oflhis artll':lc "hail be m~lil\Lim\.j J in the department of development and shall be open for public inspectiun " .J 4 C. Permitting. Application for a permit shall be made to the development 5 department prior to any development activities. Application shall include. but not be 6 limited to. the following plans in duplicate drawn to scale shO\ving the nature. 7 location, dimensions and elevations of the area in question to be developed: existing (11' 8 proposed structures: fill: storage of materials: drainage facil ities/location. 9 Specifically. the follo\ving information is required 10 11 1. Elevation in relation to mean sea level of the proposed lowest noor 12 (including basement) of all structures. 13 14 I 2. Elevation in relation to mean sea level to which any non-residential 15 structure will be tloodpw( lfedflood proofed. 16 17 I 3. Certification by a Florida registered engineer or architect that the structure 18 meets the floodproofin6flood proofing criteria in article VII. Section 3.B.2. 19 20 I 4. Description of the extent to which any watercourse will be altered or 21 relocated as a result of proposed development. 22 ')'" I 5. A flood elevation or floodproofingflood proofing certification after the ~j 24 lowest floor is completed. or in instances where the structure is subject lu the 25 regulations applicable to coastal high hazard areas. after placement of the horizontal 26 structural members of the lowest floor. Within twenty-one (21) calendar days of 27 I establishment of the lowest floor elevation, or noodprooiingflood pro01in~ b: 28 whatever construction means. or upon placement of the horizontal structural members 29 of the lowest floor, whichever is applicable, the permit holder shall submit to the 30 development department a certification of the elevation of the lowest Door. 31 I f1oodproofedflood proofed elevation. or the elevation of the lowest portion of the "'\) horizontal structural members of the lowest floor. whichever is applicable, in relation .)~ 33 to mean sea level. Said certification shall be prepared by or under the direct 34 superVISIOn of a registered land surveyor or professional engmeer. V/hen 35 I tloodprnofingflood proofing is utilized. certification shall be prepared by or under the 36 direct supervision of a professional engineer or architect. Any work done within the 37 twenty-one-day calendar period and prior to submission of the certification shall be a1 38 the permit holder's risk. The dewlopment department shall review the tlood e]nation 3q survey data submitted. Deficiencies detected by such revieVl shall be corrected b: the 40 permit holder immediately and prior to continuation of the work. Failure to submit the 41 surveyor failure to make said corrections. shall cause issuance of a stop-work order 42 for the project 43 44 r II 6. A survey of mangrove trees on site. I 45 46 I D. Variance procedures/appeals. '.\CA\Ordlllances\Ch 20 sans PMR REV] doc ] ] 1 2 1. The building board of adjustment and appeals shall hear and decide 3 appeals when it is alleged there is an error in any requirement, decision or 4 determination made by the director of development In the enforcement or 5 administration of this article. 6 7 a. In passing upon such appeals, the building board of adjustment and 8 appeals shall consider all technical evaluations, all relevant factors, all standards 9 specified in other sections of this article, and: 10 11 I (1) The danger that materials may be swept onto other lands to the injury of 12 others. 13 14 I (2) The danger to life and property due to flooding or erosion damage. 15 16 I (3) The susceptibility of the proposed facility and its contents to flood 17 damage and the effect of such damage on the individual owner. 18 19 I (4) The importance of the services provided by the proposed facility to the 20 community. 21 22 I (5) The necessity to the facility of a waterfront location, where applicable. 23 24 I (6) The availability of alternative locations, not subject to flooding or 25 erosion damage, for the proposed use. 26 27 I (7) The compatibility of the proposed use with existing and anticipated 28 development. 29 30 I (8) The relationship of the proposed use to the comprehensive plan and 3 1 floodplain management program for that area. 32 33 I (9) The safety of access to the property in times of flood for ordinary and 34 emergency vehicles. 35 36 I (10) The expected heights, velocity, duration, rate of rise and sediment 37 transport of the flood waters and the effects of wave action, if applicable, expected at 38 the site. 39 40 I (11) The costs of providing governmental services during and after flood 41 conditions including maintenance and repair of public utilities and facilities such as 42 sewer, gas, electrical, and water systems, and streets and bridges. 43 44 I b. Upon consideration of the factors listed above and the purposes of this 45 article, the building board of adjustment and appeals may attach such conditions to the 46 granting of variances as it deems necessary to further the purposes of this article. :\CA\OrdinancesICh 20 sans PMR REVI.doc 12 I i I 1 ! c. Variances shall not be issued \vithin any designated tloodv,a\ III \ " increase in flood levels during the base flood discharge would result -' 4 5 1 The building board of adjustments and appeals shall hear and decide -. 6 requests for variances from the requirements of this article 7 8 I a. Conditions for variances: 9 10 (1) Variances shall only be issued upon a determination that the variance is 1 ] the minimum necessary. considering the flood hazard, to afford relief, and in the ]2 instance of a historical building, a determination that the variance is the minimum 13 necessary so as not to destroy the historic character and design of the building. 14 ]5 I b. Variances shall only be issued upon: 16 17 I (1) A showing of good and sufficient cause: 18 19 I (2) A determination that failure to grant the variance \\'ou]d result in 20 exceptional hardship to the applicant: and 21 22 I (3) A determination that the granting of a variance will not result in I" increased flood heights, additional threats to public safety. extraordinary public ~-' 24 expense, create nuisance. cause fraud on or victimization of the public. or conflict with ,,- existing local laws or ordinances. -) 26 27 c. i\ny applicant to whom a variance is granted shall be given \vritten notice 28 specifying the difference between the base flood elevation and the elevation to which 29 the structure is to be built and stating that the cost of flood insurance will be 30 commensurate with the increased risk resulting from the reduced lowest 1100r 31 elevation. "I J_ "" I " Any person aggrieved by the decision of the building board of adjustment J.J .J. 34 and appeals or any taxpayer may appeal such decision to the circuit court as provided 35 in Florida law. 36 37 4. Variances may be issued for the reconstruction. rehabilitation or 38 restoration of structures listed on the National Register of Historic Places or the State 39 Inventory of Historic Places without regard to the procedures set forth in the 40 remainder of this section, 41 .+2 I ). The director of development shall maintain the records of all appeal .+3 actions and report any variances to the Federal Emergency Management Agency upon 44 " reg uest. 45 .+6 I Section 3. Provisions for Flood Hazard Reduction. "\CA\Ordinanccs\Ch 20 sans PMR REVl.duc I 13 I I 1 2 I A. In General. In all areas of special flood hazard the following provisions 3 are required: 4 5 1. All new construction and substantial improvements shall be anchored 6 to prevent flotation, collapse or lateral movement of the structure. 7 8 I 2. Manufactured homes shall be anchored to prevent flotation, collapse or 9 lateral movement. Methods of anchoring may include, but are not limited to, use of 10 over-the-top or frame ties to ground anchors. This standard shall be in addition to and 11 consistent with applicable state requirements for resisting wind forces. 12 13 I 3. All new construction and substantial improvements shall be constructed 14 with materials and utility equipment resistant to flood damage. 15 16 I 4. All new construction or substantial improvements shall be constructed by 17 methods and practices that minimize flood damage. 18 19 I 5. Electrical, heating, ventilation, plumbing, air conditioning equipment and 20 other service facilities shall be designed and/or located so as to prevent water from 21 entering or accumulating within the components during conditions of flooding. 22 23 I 6. All new and replacement water supply systems shall be designed to 24 minimize or eliminate infiltration of flood waters into the system. j- ~) 26 I 7. New and replacement sanitary sewage systems shall be designed to 27 minimize or eliminate infiltration of flood waters into the systems and discharges from 28 the systems into flood waters. 29 30 I 8. On-site waste disposal systems shall be located to avoid impairment to 31 them or contamination from them during flooding. 32 33 I 9. Any alteration, repair, reconstruction or improvements to a structure 34 which are in compliance with the provision of this article, shall meet the requirements 35 of "new construction" as contained in this article. 36 37 I B. Standards for areas of special flood hazard. In all areas of special flood 38 hazard where base flood elevation data has been provided as set forth in Article VII 39 the following provisions are required: 40 41 I 1. Residential construction. New construction or substantial improvement of 42 any residential structure shall have the lowest floor, including basement, elevated to or 43 above base flood elevation. Should solid foundation perimeter walls be used to 44 . . elevate a structure, openings sufficient to facilitate the unimpeded movements of flood 45 waters shall be provided in accordance with standards of article VII, Section 3.B.3. 46 :ICAIOrdinanceslCh 20 sans PMR REVl.doc 14 1 ') Non-residential construction. \, C\\ l'onstrucliu!l \..\1" suhstanllaJ -. , improvement of any commercial. industrial or other non-residentIal structure '.;hall ~ " have the lowest floor. including basement. elc\ated to the level of the base i-liJml _1 4 elevation. Structures located in all :\-zones ma) be :loudl'rtte+~eflood proofed In til'u 5 of being elevated provided that all areas of the structure below the required ek\Cltlon 6 are watertight and \vith \valls substantially impermeable to the passage (If \\akr cllld 7 with structural components having the capability llf resisting h:Jrosta\l~ md 8 hydrodynamic loads and effects of buoyancy. /\ registered professional englllccr ,'r 9 architect shall certify that the standards of this subsection are satisfied "ue h 10 certification shall be provided as set forth in Article VII. Section 2.(' .~. 11 12 " Elevated buildings. NeV\' construction or substantial improvements of j. 13 elevated buildings that include fully enclosed areas fomled by foundation and other 14 exterior walls below the base flood elevation shall be designed to preclude finished 15 living space and designed to allow for the entry and exit of floodwaters to 16 automatically equalize hydrostatic flood forces on exterior walls. 17 18 I (a) Designs for complying with this requirement must either be certified by a 19 professional engineer or architect or meet the following minimum criteria: 20 21 I ( 1 ) Provide a minimum of two (2) openings having a total net area 01 not 22 less than one ( 1) square inch for every square foot of enclosed area subject to flooding: ," ~j 24 I (2) The bottom of all openings shall be no higher than one ( 1 ) foot above ')- grade: and -) 26 27 I (3) Openings may be equipped with screens, louvers. valves or other 28 coverings or devices provided they permit the automatic flow of floodwaters in hoth 29 directions. 30 31 I (b) Electrical. plumbing and other utility connections are prohibited helow 32 the base flood elevation: 33 34 I (c) Access to the enclosed area shall be the minimum necessary to allc)\\ lor 35 parking of vehicles (garage door) or limited storage of maintenance equipment used in 36 connection with the premises (standard exterior door) or entry to the living area 37 (stairway or elevator): and 38 39 I (d) The interior portion of such enclosed area shall not be partitioned nr 40 flnished into separate rooms, 41 42 I 4. Floodways. The following provisions shall apply to tloodways \vithin 43 areas of special flood hazard established hereinbefore: 44 ' , 45 I (a) Prohibit encroachments including filL nevv construction. substantial 46 improvements. and other development unless certiflcation (with supporting technical S \CA\Ordinances.Ch 20 sans PMR REV I doc 15 / I i 1 data) by a Florida registered engineer is provided demonstrating that encroachments 2 shall not result in any increase in flood levels during occurrence of the base flood 3 discharge. 4 5 (b) If Paragraph BA.a is satisfied, all new construction and substantial 6 improvements shall comply with all applicable flood hazard reduction provisions of 7 Section 3. 8 9 (c) Prohibit the placement of any manufactured homes (mobile homes) 10 except in an existing manufactured home (mobile home) park or subdivision. A 11 replacement manufactured home may be placed on a lot in an existing manufactured 12 home park or subdivision provided the anchoring standards and elevation standards 13 outlined hereinbefore are met. 14 15 5. Coastal high hazard area (V zones). Located within the areas of special 16 flood hazard established herein are areas designated as coastal high hazard areas. 17 These areas have special flood hazards associated with wave wash; therefore, the 18 following provisions shall apply: 19 20 I (a) All buildings or structures shall be located landward of the reach of the 21 mean high tide. 22 23 I (b) All buildings or structures shall be elevated so that the lowest supporting 24 member (excluding pilings or columns) is located no lower than the base flood 25 elevation level, with all space below the lowest supporting member open so as not to 26 impede the flow of water. Open lattice work or decorative screening may be permitted 27 for aesthetic purposes only and must be designed to wash away in the event of 28 abnormal wave action. 29 30 I (c) All buildings or structures shall be securely anchored on pilings or 31 columns. 32 33 I (d) All pilings and columns and the attached structures shall be anchored to 34 resist flotation, collapse, and lateral movement due to the effect of wind and water 35 loads acting simultaneously on all building components. The anchoring and support 36 system shall be designed with wind and water loading values which equal or exceed 37 the hundred-year mean recurrence interval (one {I} percent annual chance flood). 38 39 I (e) A Florida registered engineer or architect shall certify that the design, 40 specifications and plans for construction are in compliance with the provisions 41 contained in paragraph B.S.b, c and d. 42 43 I (f) No fill shall be used as structural support. Non-compacted fill may be 44 , used around the perimeter of a building for landscaping/aesthetic purposes provided 45 the fill will wash out from storm surge, (thereby rendering the building free of 46 obstruction) prior to generating excessive loading forces, ramping effects or wave \CA\Ordinances\Ch 20 sans PMR REV] doc 16 i i 1 deflection. The development department shall reVle\\ des] L!11 plan' i i1' '1 landscaping/aesthetic fill only after the applicant has provided an analysi:-, [-1\ .m - 3 engineer, architect and/or soil scientist \vhich demonstrates that the following: 12\1.:tU!:' 4 have been fully considered: 5 6 (1) Particle composition of fill material does not have a tendenc\ Jor 7 excessive natural compaction: and 8 9 (2) V olume and distribution of fill \vill not cause wave deflection to adjacent 10 properties; and 11 12 (3 ) Slope of fill will not cause wave run-up or ramping. 13 14 I (g) There shall be no alteration of sand dunes or mangrove stands \vhich 15 would increase potential flood damage. 16 17 I (h) Lattice work or decorative screening shall be allowed below the base 18 flood elevation provided they are not part of the structural support of the building and 19 are designed so as to breakaway, under abnormally high tides or wave action, \vithout 20 damage to the structural integrity of the building on which they are to be used and 21 provided the following design specifications are met: I) I" I (1) No solid walls shall be allowed: and _J 24 25 I (2) Material shall consist of wood or mesh screening only. 26 27 I (i) If aesthetic lattice works or screening are utilized, such enclosed space 28 shall not be used for human habitation. 29 30 I C) Prior to construction, plans for any structure that will have lattice work or J 3 ] decorative screening must be submitted to the development department for reviev, ,,') J_ "" I (k) Prohibit the placement of manufactured homes (mobile homes), except JJ 34 in an existing manufactured home (mobile home) park or subdivision. A replacement 35 manufactured home may be placed on a lot in an existing manufactured home park or 36 subdivision provided the anchoring and elevation standards of this chapter are met. 37 38 I (1) Any alteration. repair. reconstruction or improvement to a structure shall 39 not enclose the space below the lowest floor except for lattice work or decorati \t' 40 screening, as provided for in paragraph B.6.h and i. 41 42 III c. Standards for areas of shallow Hooding \AO Lones). Located within the 43 areas of special flood hazard established in Section].F are areas designated as shallow 44 flooding. These areas have special tlood hazards associated with base flood depths of 45 one (]) to three (3) feet where a clearly defined channel does not exist and where the S \CA\( Irdmances\Ch 20 sans PMR REV I d"c I 17 I I I !j 1 path of flooding is unpredictable and indeterminate; therefore, the following 2 provisions apply: 3 4 (1) All new construction and substantial improvements of residential 5 structures shall have the lowest floor, including basement, elevated to the depth 6 number specified on the flood insurance rate map, in feet, above the highest adjacent 7 grade. If no depth number is specified, the lowest floor, including basement, shall be 8 elevated at least two (2) feet above the highest adjacent grade. 9 10 (2) All new construction and substantial improvements of non-residential 11 structures shall: 12 13 (a) Have the lowest floor, including basement, elevated to the depth number 14 specified on the flood insurance rate map, in feet, above the highest adjacent grade. If 15 no depth number is specified, the lowest floor, including basement, shall be elevated at 16 least two (2) feet above the highest adjacent grade, or 17 18 (b) Be completely floodproofedflood proofed to or above that level so that 19 any space below that level has watertight walls substantially impermeable to the 20 passage of water; structural components having the capability of resisting hydrostatic 21 and hydrodynamic loads and effects of buoyancy; and utility and sanitary facilities 22 completely floodproofedflood proofed. 23 24 I D. Standards for subdivision proposals. 25 26 I 1. All subdivision proposals shall be consistent with the need to minimize 27 flood damage. 28 29 I 2. All subdivision proposals shall have public utilities and facilities such as 30 sewer, gas, electrical and water systems located and constructed to minimize flood 31 damage. 32 33 I 3. All subdivision proposals shall have adequate drainage provided to reduce 34 exposure to flood hazards. 35 36 I 4. Base flood elevation data shall be provided for subdivision proposals and 37 other proposed development which contains more than fifty (50) lots or is larger than 38 five (5) acres. 39 40 I E. Standards for small streams. Where small streams exist, but where no 41 base flood data has been provided or where no floodways have been provided, the 42 following provisions apply: 43 44 III 1. No encroachments, including till material or structures, shall be located 45 within a distance of the stream bank equal to five (5) times the width of the stream at 46 the top of bank or twenty (20) feet on each side from top of bank, whichever is greater S:\CA\Ordinances\Ch 20 sans PMR REV] .doc 18 1 unless certification by a Florida registered engineer is provided demonstrating that " such encroachments shall not result m any increase in flood le\els dun11L: ; - " occurrence of the base flood discharge. -~ 4 5 '1 New construction or substantial improvements of structures shall be ~. 6 elevated or i1oodproofedfJood proofed in accordance with elevations establish<.:'d in 7 accordance with Section 2.B.ll. 8 9 Section 4. That Part III. '"Land Development Regulations", Chapter 20, Article VIII. 10 Section 3. "Local Housing Assistance Program", is re-codified as Article VIII. '"Local Housing 11 Assistance Program". 12 Section 5. Each and every other provision of the City of Boynton Beach Code of 13 Ordinances not herein specifically amended, shall remain in full force and effect as originally 14 adopted. 15 Section 6. All laws and ordinances applying to the City of Boynton Beach in 16 conflict with any provisions of this ordinance are hereby repealed. 17 Section 7. Should any section or provision of this Ordinance or any portion 18 thereof be declared by a court of competent jurisdiction to be invalid. such decision shall not 19 affect the remainder of this Ordinance. 20 Section 8. Authority is hereby given to codify this Ordinance. 21 Section 9. This Ordinance shall become effective immediately. ~! '1'-, FIRST READING this ,,-,'"[' day of i ... .2008. . ~.. ~ ( I, r'! _._~-~ -'- --- I, . Ie A IOrdmances\Ch 20 sans P!YIR REV I due I ]9 ( I i I 1 SECOND, FINAL READING AND PASSAGE this _ day of , 2 2008. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 Mayor - Jerry Taylor 9 10 11 12 Vice Mayor - Jose Rodriguez 13 14 15 16 Commissioner - Ronald Weiland 17 18 19 20 Commissioner - Woodrow L. Hay 21 22 23 24 Commissioner- Marlene Ross 25 26 27 ATTEST: 28 29 30 31 Janet M. Prainito, CMC 32 City Clerk 33 34 35 36 37 (Corporate Seal) 38 39 40 :ICAIOrdmanceslCh 20 sans PMR REVl.doc 20 DEPARTMENT OF DEVELOPMENT Memorandum PZ 08-09] TO: Kurt Bressner City Manager THRU: Quintus Greene Director of Dypent FROM: Mike Rumpf . . Director of Planning & Zoning DATE: October 24, 2008 RE: Chapter 20 - Buildings, Housing, and Construction Regulations LDR Rewrite - Interim amendment to regulations INTRODUCTION Chapter 20 of the existing LDR (Building, Housing, and Construction General) is currently comprised of the following topics: building security code, electrical code, energy efficiency, flood prevention, housing, swimming pools and spas, workforce housing program, and historic perseveration. However, the chapter is in the process of being revised due to 1) enhance and relocate the property maintenance requirements (proposed to Chapter 10 of Part II City Code of Ordinances); and 2) amend the flood damage prevention requirements, and 3) maintain consistency with the updates to the Florida Building Code (FBC). PROPOSED AMENDMENTS The property maintenance requirements are regulations that provide minimum standards for the upkeep of all vacant and developed property in the city. These regulations are intended to place greater emphasis on non-residential and vacant properties, as well as generally increase the acceptable quality standards of all existing lighting, ventilation, plumbing, mechanical, and electrical improvements. These proposed enhancements will also establish new and updated regulations for life safety matters including minimum requirements for emergency escape openings, means of egress, and fire protection systems. It should be noted that all new developments and renovations to existing buildings must still comply with the FBC, which the new propert.v maintenance regulations would compliment. The City Commission tabled their review of the proposed ordinance until the November 5, 2008 City Commission meeting, in part, to allow additional time for staff to evaluate aJld assess the extent of new regulations and associated costs. 1 The flood damage prevention regulations include standards which address flood hazard reduction, areas of special flood hazard, and areas of shallow flooding (AO zones). Having flood prevention provisions is important to the City because they provide minimum life safety standards for existing and new development. Furthermore, such provisions also affect the insurance premiums given the City participation in the National Flood Insurance Program's (NFIP) Community Rating System (CRS), which is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed NFIP requirements. In addition to the Property Maintenance Requirements and Flood Damage Prevention regulations, the amendments proposed to Chapter 20 are summarized as follows: . Omit Section 2 of Article I as the certificate of treatment of termites is now covered by Chapter 1 of the FBC-Building and Chapter 3 of the FBC-Residential; . Omit Section 5 of Article I as accessibility requirements are covered in depth by Chapter 11 of the FBC-Building; . Omit Section 7 of Article I as soil test requirements are now covered by Chapter 18 of the FBC-Building and Chapter 4 of the FBC-Residential; . Omit Article V as the Energy Efficiency Code is now replaced by Chapter 13 of the FBC-Building and will soon (March, 2009) include the International Energy Conservation Code (ICC) when adopted by the State of Florida; . Omit Section 4(B) of Article I, Interim Services Fee, as it is not enforceable under current law; and . Omit Article IX as Swimming Pools and Spas are now addressed by Section 424 of the FBC-Building and Chapter 41 of the FBC-Residential. SUMMARY / RECOMMENDATION The attached work product reflects a collaborative effort on the part of the Department of Development (both the Planning & Zoning Division and the Building Division), Code Compliance, Public Works, and the City Attorney's office. The remaining existing sections of Chapter 20 (i.e. workforce housing, State Housing Initiative Program (SHIP), and historic preservation) remain unchanged at this time, but may undergo substantial updating as part of a future LDR-rewrite deliverable. It should be noted that the timing of these interim amendments is driven primarily in connection with the preparation for the upcoming five (5)-year recertification process of the CRS. Staff proposes the subject amendments for the various reasons explained in this memorandum. MR:EJ Attachments S:\Planning\Zoning Code Update\LDR Rewrite\StaffReports\Chapter 20.doc 2 Chapter::: (! BUILDINGS. HOUSING ~~D CONSTRDCnOl'\ REGULA TIO]';S Article L General Article II. Reserved Eleotrical Code Article Ill. Reserved Article IV. Reserved Article V. Reserved Energy Efficiency Code imicle VI. Reserved .Auticle VII. Flood Damage Prevention .Auticle VIII. Local Housing Assistance Pro!!ram Housing Article IX. Reserved S'.vimming Pools and Spas .Auticle X. Workforce Housing Program .Auticle XI. Reserved Article XII Reserved Article XIII. Historic Preservation ARTICLE 1. IN GENERAL Section 1. Penalties. Any person convicted of the violation of any of the terms or provisions of this chapter -_.~--- -'~~--_.. I or any code or standards adopted hereby shall be subiect to the penalties,llsproy:ided. by .! Deleted: punished Section 1-6 of the Citv of Bovnton Beach Code of Ordinances. If any person commences --_..-._--"---_.._--. any work on a building, structure, plumbing, mechanical or gas system before obtaining the necessary permit, he shall be subject to a penalty offour (4) times the established permit fee. The J2i!c::c~~~.~f.Q.~\,~l()p.lIl.e~t may .all()~.a'::Vai.~~~_ ()r~_ep~!!a}ty.f~~)_ ~ .~~()le Deleted: d or in part, when such waiver is supported bv the circumstances that applv to the specific Deleted: d instance of imposing a penalty fee. and does not violate the best interests of the city. u_~_. I Section 2. .Reser"Ved. Certifieate of treatment fer termites. Deleted: Before any slab inspectioll - - - - ~- --~ - - - - - - -" - is performed by the development depanment for the continued construction Before any slab inspection is performed by the development department for the of any improvements on any propert)' in continued construction of any improvements on any property in the city, the O'.vncr of the city. the owner of said property or IllS contractor shall furnish a cenificate ITom said property or his oontraotor shall furnish a eertifioate from a city lieensed eJCterminator a city licensed extenninator that the soil that the soil has been treated for termites. has been treated for tennites. Formatted: Font: Bold Section 3. Minimum building and construction standards. I A. The Florida Building Code 2004, Gas, Mechanical and Plumbing Codes," ! Formatted: Normal, Justified, 2004 Edition, and the ,2005.~a~.iollal. E,lecu:ical.C04e .illc.:ludil1g)l.~tu.reu.ed.itiol1s or ! Indent: First line: OS' ---- revisions as adopted by the city, are hereby adopted as the minimum Building Code for Deleted: 2002 ..._,-",~- the City of Boynton Beach. October J4. 2008 1 I B. Chapter 1, Administration, as described in the Boynton Beach..... h. Formatted: Normal, Justified, Amendments, and is incorporated herein in the Florida Building Code 2004, Gas, Indent: First line: OS I Mechanical and Plumbing Codes, 2004 Edition, and the ,200) N.a~onal Electricalc;ode. ! Deleted: 2002 1 I c. The City of Boynton Beach Administrative Amendments to the 2004.......... Formatted: Normal,Justified, Florida Building Code, Plumbing, Mechanical, Gas and ,2005~8:ti()1l.~LEI~ct:r:i(;8:tC<:l~e Indent: First line: OS are incorporated in this document and made a part hereof, copies shall be maintained on '.1 Deleted: 2002 I file in the Office of the City Clerk and shall be available to the public. D. All construction regulation fees as referenced or described in the above codes are subject to amendment by resolution by the City Commission. Current fee schedules shall be maintained on file in the Office of the City Clerk and shall be available, without charge, to the public. (Ord. No. 96-40, SS 1 - 3, 5, 9-4-96; Ord. No. 99-16, S 1 - 4,6-15-99; Ord. No. 02-047, S 1,9-3-02; Ord. No. 05-063, S 2,11-1-05; Ord. No. 06-084, S 2,10-17-06) Section 4. Fees. A. ,F' ~~~,a~~~.Rs~()l.~.~" .!l~e..C:::itv..of. fj()~~.to!1 13.~ach. for.tl1e .~dr11illiRt~~tio.n Cill~..... .\ Deleted: I enforcement of the Florida Building Code and the Citv of Bovnton Beach AdministTative lunendments to the Florida Building Code. pursuant to this Chapter and F.S.553.79, 553.80 & 166.222. shall be established by the City Commission by resolution from time to time. Building Division permit fees shall be based upon the valuation of buildings and systems and shall represent the total replacement value to include structural. electric. plumbing. mechanical. interior finish. normal building related site work (excavation and backfill for buildings). architectural and design fees. overhead and profit: excluding 0111v land value. Building valuation shall be based upon bona fide executed construction contracts. proprietarv builder documentation. or other nationally recoL'11ized construction cost analvsis service. which would include regional adjustments. such as the most current edition ofRS Means ConstrUction Estimating Cost Data. A revision to a permit shall not be issued until the additional fee. if any. due to an increase in estimated cost of the building, electrical. plumbing. gas. mechanical. landscaping or site development. has been paid. A Fees assessable by the City of Boynton Beach for the administration and .L:r.... enforcement of the Florida Building Code and the City of Boynton Beach Administrative Amcndmeats to the Florida Building Code, pursuant to this Chapter aad F.S. H 553.79, 553.80 and 166.222, shall be establishod by the City Commission by resolution from time to time. Building Division permit fees shall be based upon the valuation of buildings and system5 and shall represent the taml replacement value to include strnernral, eleetric, October 14, 2008 2 plumbing. meohalllcal, interior finish, normal building related site work (exCilvation und baeUill for buildings), architectural and design fees. overhead and profit: excludin; only land value. Building valuation shall be based upon bona fide executed construction contracts. proprietary builder documentation, or other nationally recognized constrUction cost analysis service. which '.'could include regional adjustments. such as the most current edition ofRS Means ConstrUction Estimating Cost Data, f, rcyision to a permit shall not be issued until the additional fce. if any, duc to an increase in estimated cost of the buildin.;. electrical. plumbing. gas. mechanical. landscaping or site development, has been paid. B. Reserved. B. Interim services fee. The City Commission hereby establishes an "interim services fee" which is an atlllual user charge applicable, except during the Suspension Period as prm'ided hereinafter, to structures certified for occupancy by the city development department but not appearing on the Palm Beach County tax rolls as an improvement to real property. 1. Reserved. 2. Levied, Except during thc Suspension Period as provided hereinafter, C','OI)' structure located within the city and not yet appearing on the oounty tax roll, shall be subjeot to an interim serviees f-ee. This interim s81vices [-eo shall be in effect from tile date of the issuance of a oertificate of oooupanoy or oertificate of cOffifJletion to January 1 of the year following the issuanoe of the oertificate; provided, the levy of the interim service foe is suspended, effective June 11, 1999, until such suspension is repealed by adoption of an ordinance by the City Commission of the City of BoyntOli Beach (the "Suspension Period"). Said fee shall be charged in aocordance with the fee schodule which is attached to Ordinance No. 91 17 as Exhibit "B" and the computation hereinafter set forth. a. D'.velling unit oomputation. F or the purposes of this subseotion and Exhibit "B". dwelling unit computation shall be made as follows: (1) Each single family unit. includin; condominium, apartment and hotel unit, shall count as one. (2) For oommercial and/or industrial structures, divide the total building square footage for each such industrial and/or commercial structure by one thousand (1,000) square f-eo! rounded to the nearest tenth (0.1 ). b. Fee determination; pror&tion. The d'l"elliR; unit oOffifJutation shall be utilized in conjunction with the fee schedule set forth in Exhibit "B" in computiRg the interim seryices fee. The following oxample illustrates ho'.'.' the interim services fee is arrived at: October 14. 2008 ~ :. Example: .^:.. 22,565 square foot office building is issued a certificate of occuJ'lancy in December of any ;;iven year: 22,565 . 1,000 - 22.565 22.6 X $10.23 - $231.20 Interim ser:ices fee for this structure v.'ould be $231.20. 3. Procedure. Except auriRg the Suspension Period set forth above, the direotDr of development shall eollect the interim services fee prior to the issuanoe of a certificate of occupancy or eertificate of eompletion by the development eepartmeflt. 1. Distribution. Exoept du.r..ng the Suspension Period set forth above, on a daily basis, the development department shall promptly remit monies eollected purooam: to tais section to the city [mance drreotor. 5. Eligibility fDr mHmoipal services. Except during the Suspension Period set forth above, no improvement shall be eligible for municipal services unless an interim services fee has been paid. 6. Creation of trust fund. TRe fiRaFlOe drrector sRall deposit all fuRck; eolleated intD a non lapsing trust fund established and maintained by the oity. The HSD of such funds will be restricted and limited tD expendimres for public safety, physioal enVH-Dnmcnt (pHolia works administration costs), maintenance and services for roack; and streets, health (aRimal control), library and parks and reereEttion, 'ullicR are associated with the properties from v.'hich the funds were collected. The city manager shall provide the City Commission with recommendations for expenditures of these funds during the BnRual budget process or from time to time as needed. Suoh expendimTes of funds shall be limited to a percentile of total foes oolleoted for each of the services as identified herein. The City Commission by resolution must appro'.'e all eHlpendita-res from said trust fund upon determination that said expend-itares are appropriate. (Ord. No. 00-09, S 2,4-4-00; Ord. No. 05-069, S 2, 12-6-05; Ord. No. 08-002, S 2, 2-5- 08) Section 5. Reserved. .A~eeessibilitJ' by handicapped. All construction must oonform v.'ith federal, state and county acoessibility rules and regulatiGRs including, but not limited to, the Florida .^.ccessibility Code, January 1991 Edition. In addition, all interior doors in all dVielling units, hotel rooms and motel moms on [I:fst floor only or floors serviced by elevators shall have a minimum of twenty nine (29) inches clear opening, (door of at least thirty two (32) inches in width) v/ith the exoeption of storage rooms and closets. October 14, 2008 4 Section 6. e oastal building zone and code. A The coastal building zone for the Clt) is the land area from the seasonal~ Formatted: Norma! :ilJstrflec high-water line landward to a line one thousand five hundred (1.500) feet landward from ,ndent: FIest line; ~ -"-.~._-"- "---- ._-~ the coastal construction control line as established pursuant to Section 1 n 1.053. Florida Statutes. Development projects within this zone must utilize best management construction techniques for natural resource protection and must confom1 to the goals. objectives and policies of the comprehensive plan of the city. Chapter B7. Coastal Management. B. The coastal construction code was adopted on August 19, 1986 and applies I to all construction within the coastal building zone. and is incorporated herein bv . .-.-._-------- reference. ...1\ COpy.of) fi1e-.and available for inspection in the offices of the cityc1erk and 1 Deleted: It the director of development. Deleted: is not set out at length herem " but is -_._---_.-.~_._-_._._--_. -. (Ord. No. 96-60. ~ 1. 1-21-97) Section 7. Reserved. Sail tests. Vlhere the bear.ng capacity of soil is not defmitely knOVlll, the director of development may require test or oilier adequate proof to establiEih permiEisible safe bearing capacity. TCEits shall be certified, sign.ed and sealecl by a Florida registered engineer, and shall be submitted with the building permit application. (Ord. No. 96 60, ~ 2, 1 21 97) Section 8. Reserved. Building security code. ^ Title. This Eiection may be known and cited as "The City of Boynton Beach ~ j.. Building Security Code" hereinafter referred to as the security code. R Rules of conEitruction. For the purpOEiCS of administration and enforcement of thiEi Eiection, unless otherwise Eitated in this section, the following rules of construction shall apply to the text: 1. In case of any difference of meaning or implication between the text of this section and any caption, illtwtration, EiUlnmary table or illustrative table, the text shall eemreh 2, The word "Eihall" iEi always mandatory and not discretionary: the word "may" iEi permiEiEiive. 3. W ordEi usod in the present tense shall include the future and words used in the singular number shall include the plural, and the plural singular, unless the context clearly indicates the oontrary. October] 4. 2008 :' " " " " , " . ,. ~ ,. '" ~ "l" "" . , ,. " . , , , ~ " " " " .' . , , , , ,. " '" " ,,' . ~ . " . " '" , , ". " '" ~ ~ '" , '" '" , , -' '" t> ~ t> '" ~ '" , '" '" . ' october 1 A. 2008 6 '" " 0- -- '" '" '" . '" . '" '" - c .. '" , c e . e . . '" 0 . '" ~ ~ -' ~ e 0 0 ~ ~ - . . , ( o' I . . 0' ., 0 ~ October 14.2008 ., , e e " e " e " ~ " , , , , e ' e , , ~ standara Buila.iBg Ceae ~ , , " " " " October 14. 2008 8 ~ c ~ '" '" c . ' '" to to '" -- ." '" .., - to - to e e "" e "" "" ::: '" - '" '" -. - e ~ - . ~ . "" e "" ",e "" "" '" . e e :::>' . "'. t:' October 14. 2001> 9 ." e , ~ ~ ' . , ~ l:> l:> l:> - ~ , , , , , ~ -' , ." " ." ~ , l:> l:> e .' - , '" ." '" October 14. 2008 10 .~ c ,., -A-1't - - ~ - - ~ ~. . c C C ., C C C C '" C ~ '" c '" " c . . . '" '" ~ c c c ~ '" c -' e . c c o~ c' ~ e' ~ to - '" C to C '" ~ October 14. 2008 11 b. The sta;in; area must be visible from an accessie1e roadway to allow effceti';e police patrol. c. Lighting must be provided to allow complete visibility t<J the area. d. Padlock all storage trailers and park within staging area. 2. Items that must be discussed during a security sun'ey '.vith the crime prevention bmeau: a. The estaelishm.ent and flm;Tessi':e e','alaation of a secm-ity budget. b. The proper posting of the property. c. The proper storage and marking of machinery and tools. d. The methods of employee idcRtification and active site security methodt;. (Ord. No. 01 018, ~ 2, 1 '704) ARTICLE II. RESERVED. ELECTRICAL CODE ^ The National Electrical Code, 1999 Edition, together with the 1999 Boynton ,/...... Beach Amendment-s thereto, are hereby adopted as the lffiif<Jrm electrieal code of the city. Electrical permit fees shaJJ be as provided in article I, Section -1 of this ehapter. B. The ameBdmentG to the National Electrical Code, 19% Edition, said amendments being attaehed to Ordinance No. 96 40, are hereby adopted and incorporated herein, and rep1aees Section 90 la, in the National Electrical Code, 1996 Edition, C. }.Il construotion regulation fees as referenced or described in this code are subject to amendment by resolution by the City Commission. CtlffeBt fee sehedl:lles shall bc maintained on file in the Office of the City Clerk and shall be available, without charge, to the public. (Ord. No. 9610, H 1, 2, 1, 5, 91 96; Ord. No. 0045, ~ 1, 9 600) ARTICLE III. RESERVED ARTICLE IV. RESERVED ARTICLE V. RESERVED ENERCY EFFICIENCY GQDE ARTICLE VI. RESERVED October] 4, 2008 12 ARTICLE YII. FLOOD DAMAGE PREVE1\\T1O:'\ I Section 1. Generally. '----~....,_..--~ . Formatted: Norma:. justified '-~-'----- I A. Statutory authorization. The Legislature of the State of Florida has~ _. __.____m_._... Formatted: Normal, Justiflec authorized Joc~lgo.\l~~.~l1tal.lll1~t~ t.<?~~oRt.r.egt}la!iCln.s.d~sigIl~~ to Rrol1lotethe.public Indent: First line: C .'i' health, safety and general welfare of its citizenry. Therefore. the City Commission of Deleted: in Chapler 16" 01 Florid" Boynton Beach, Florida. does ordain as set out herein. _~tatutes delegated_~h::- re:r~~~~iity.t( B. Finding of fact. l. The flood hazard areas of Boynton Beach, Florida, are subject to~" ~_._- . .-.------- . i Formatted: Normal, Justified, periodic inundation which results in loss of life and property; health and safety Indent: Left: OS' .-....--.-.-. hazards; disruption of commerce and governmental services; extraordinary public expenditures for flood protection and relief; and impairment of the tax base: all of which adversely affect the public health, safety and general welfare. I 2, These flood losses are caused by the cumulative effect of obstructions.' . --_.~_.. '1 Formatted: Normal, Justified, in floodplains causing increases in flood heights and velocities, and by the I Indent: Left: 0.5" occupancy in flood hazard areas by uses vulnerable to floods or hazardous to I other lands which are inadequately elevated, .ilood nroofcd or otherwise Deleted: floodproofed unprotected from flood damages. I c. Purpose. It is the purpose of this article to promote the public health, safety~ I Formatted: Normal, Justified, and general welfare and to minimize public and private losses due to flood conditions in I Indent: First line: 0.5" specific areas by provisions designed to: ! l. Restrict or prohibit uses which are dangerous to health, safety and~' I Formatted: Normal, Justified, property due to water or erosion hazards, or which result in damaging increases in . Indent: Left: 0.5", First line: OS ------.----- erosion or in flood heights or velocities: I 2. Require that uses vulnerable to floods, including facilities which~' u I Formatted: Normal, Justified, serve such uses, be protected against flood damage at the time of initial ' Indent; Left: OS, First Ime: OS -.--..-- construction: I 3. Control the alteration of natural floodplains, stream channels and~ I Formatted: Normal, Justified, natural protective barriers which are involved in the accommodation of flood : Indent: Left: OS', First line: OS' _ u~__~__ waters: 4. Control filling, grading, dredging and other development which may~' --------- j Formatted: Normal, Justifted, increase erosion or flood damage: and, Indent: Left: OS', First line: OS' .-._-~~-- I 5. Prevent or regulate the construction of flood barriers which will~ -~-----~ I Formatted: Normal, Justified, unnaturally divert flood waters or which may increase flood hazards to other I Indent: Left: OS', First line: OS' ---~-----_.~--- lands. October] 4. 2008 13 I D. Objectives. The objectives of this article are: ..... .--. Formatted: Normal, Justified, Indent: First line: OS I 1. To protect human life and health; ..---- . Formatted: Normal, Justified, Indent: Left: OS, First line: OS I 2. To minimize expenditure of public money for costly flood-control...----.. Formatted: Normal, Justified, projects; Indent: Left: OS, First line: OS' I 3. To minimize the need for rescue and relief efforts associated with... .... Formatted: Normal, Justified, flooding and generally undertaken at the expense of the general public; Indent: Left: OS, First line: OS' I 4. To minimize prolonged business interruptions; ... .. . i Formatted: Normal, Justified, Indent: Left: OS, First line: OS' I 5. To minimize damage to public facilities and utilities such as water-.--.--. Formatted: Normal, Justified, and gas mains, electric, telephone and sewer lines, streets and bridges located in Indent: Left: 0.5", First line: OS floodplains; I 6. To help maintain a stable tax base by providing for the sound use and.....--.. Formatted: Normal, Justified, development of flood-prone areas in such a manner as to minimize future flood- Indent: Left: OS, First line: OS' blight areas; and, I 7. To insure that potential homebuyers are notified that property is in a......-- Formatted: Normal, Justified, flood area. Indent: Left: OS, First line: 0.5" I E. Terms. Words or phrases used in this article shall have the meaning the)""....--. Formatted: Normal, Justified, have in common usage and to give this article its most reasonable application. Indent: First line: 0 S' I Area of shallow flooding - a designated AO or VO zone on a community's flood....-. Formatted: Normal, Justified, insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a Indent: First line: 0 S' clearly defmed channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. I Area of special flood hazard - land in the floodplain subject to a one (1) per cent.. .. --- Formatted: Normal, Justified, or greater chance of flooding in any given year. Indent; First line: OS' I Base flood - a flood having a one (1) per cent chance of being ,eaualed or-u' --- Formatted: Normal,Justified, exceeded in any given year. .. '.. "'h.... . Indent: First line: OS '\ . Deleted: equalled I I Breakaway wall - a wall that is not part of the structural support of the building+----.. Formatted: Normal, Justified, and is intended to collapse without causing damage to the elevated portion of the building Indent: First line: OS or the foundation system. I Coastal high hazard area - the area subject to high velocity waters caused by, but.----.. 1 Formatted: Normal, Justified, not limited to, hurricane wave wash or tsunamis. The area is designated in a FIRM as Indent: First line: OS zone Vl-30, VE or V. October ]4, 2008 14 I Flood or flooding - a general and temporary condition of partIal ur complete-' ---------,-------_.--~---- Formatted: Nocma' UStil\PC inundation of normally dry land areas from the overflew,' of inland or tIdal waters or the 1 ndent: First 1m:: ----..----- unusual and rapid accumulation of runoff of surface waters fTorn any :-;ource. I - --.---.--------- --~-- -- Flood hazard boundary map (FHBM) - an officIal map of a community issued b}- Formatted: Normal, Justiflec, the Federal Emergency Management Agency where the boundaries of the areas of special lnoent: First ime: r S' .'---- -----.. flood hazard have been defmed. I Flood insurance rate map (FlRAf) - an official map of a community on which the+ _._._.._._,~~ Formatted: Norma:, Justified. Federal Emergency Management Agency has delineated both the areas of special flood Indent: FIrst Ime; C."'. hazard and the risk premium zones applicable to the community. I Flood insurance studv - the official report provided by the Federal Emergency+ Formatted: Normal, justifIed, Management Agency which contains flood profiles, flood boundary-floodway map and Indent: First line: 0.5' .-.. -.- -,~ water surface elevation of the base flood. Floodway - the channel of a watercourse and the adjacent land areas that must be-' : Formatted: Normal, Justified. reserved in order to discharge the base flood without cumulatively increasing the water I Indent: First line: OS - --'--- -- surface elevation more than one (1 ) foot. I Functionally dependent facility - a facility which cannot be used for its intended- -----~- Formatted: Normal, Justified, purpose unless it is located or carried out in close proximity to water, such as a docking Indent: First line: 0 S _.~ or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing. The term does not include long-term storage, manufacture, sales or service facilities. I Mangrove stand - an assemblage of trees which contain one or more of the+- formatted: Normal, Justified, following species: black mangrove, red mangrove. white mangrove and buttonwood. Indent: First line: OS I ],{ean sea level - the average elevation of the sea for all stages of the tide. The-- - -1, Formatted: Normal, Justified, I term is synonymous with national geodetic vertical datum (NGVD). Indent: First line: OS' ~.-- -. I National geodetic vertical datum (NGVD) - a vertical control used for establishing-' u : Formatted: Normal, Justifiec, varying elevations within the floodplain, ' Indent: First line: OS I New construction - structures for which the "start of construction" commenced on- . "-.--. 1 Formatted: Normal, Justified, or after the effective date of this article. I Indent: First line: OS I ---._--~.- Sand dunes - naturally occurring accumulations of sand in ridges or mounds"- j Formatted: Normal, Justified, landward of the beach. . Indent: First line: OS' ---_.._"~.- I Application. This article applies to all areas of special flood hazard within- -~- - F. Formatted: Normal, justifIed, the jurisdiction of Boynton Beach, Florida. Those areas are identified by the Federal . Indent: First line: C S -.-..-.--.... --.,'--- Emergency Management Agency in its Flood Insurance Rate Map (FIRM) 1201960001- 0005, dated September 30, 1982, and any revisions thereto are adopted by reference and declared to be a part of this article. October] 4. 2008 15 I G. Development permit. A development pem1it is required prior to the- /{ Deleted: R 1 commencement of any development activities. Formatted: Normal, Justified, Indent: First line: 0.5" \ H. Compliance. No structure or land shall hereafter be located, extended:------ Formatted: Normal, Justified, converted or structurally altered without full compliance with the terms of this article and Indent: First line: 0 S other applicable regulations. I 1. Abrogation and greater restrictions. This article is not intended to repeal,..------ Formatted: Normal, Justified, abrogate or impair any existing easements, covenants or deed restrictions. However, Indent: First line: 0.5" where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. I J. Interpretation. In the interpretation and application of this article all-------- Formatted: Normal, Justified, provisions shall be: Indent First line: OS I 1. Considered as minimum requirements; - ------- Formatted: Normal, Justified, Indent: Left: OS, First line: 0.5" I 2. Liberally construed in favor of the governing body; and ..------- Formatted: Normal, Justified, Indent: Left: OS, First line: OS I 3. Deemed neither to limit nor repeal any other powers granted unde!""--- --- Formatted: Normal,Justifled, state statutes. Indent: Left: OS, First line: OS I K. Warning and disclaimer. The degree of flood protection required by this..------- Formatted: Normal, Justified, article is considered reasonable for regulatory purposes and is based on scientific and Indent: First line: 0.5" engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of Boynton Beach, Florida, or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. I L. Penalties for violation. Violation of the provisions of this article or failure t~------- Formatted: Normal, Justified, comply with any of its requirements, including violation of conditions and safeguards Indent: First line: 0.5" established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Boynton Beach from taking such other lawful action as is necessary to prevent or remedy any violation. I Section 2. Administration. - -- - - - --(Formatted: Normal, Justified ) October 14. 2008 16 A. Administrator. The director of development l~ hereb\ appointee administer and implement the provisions of this anicle. B. Duties and responsibilities of the administrator. Duties of the administrator- Formatted: Norma., Justiflec or his designee shall include. but not be limited to: Indent: First Ime --~------ 1. Review all development permits that the ._--,~--- to assure permit" . Formatted: Normal. Justified, requirements of this anicle have been satisfied. Indent: Left: c..s", ::rr:;t lrne: ~L:'" -'--.- - ------- - I ') Advise permittee that additional federal or state permits may b~ .--.----- I Formatted: Normal, Justified, required. and if specific federal or state permits are known, require that copies of Indent: Left: 0.5", First line: D.:'\ --..----- --. --- ~-,.- such permits be provided and maintained on file with the development permit. I 3. Notify adjacent communities and the state department of community" ~--'""----- . I i Formatted: Normai, Justified, affairs prior to any alteration or relocation of a watercourse, and submit evidence Indent: Left: OS', FI'St Ime: OS -_._~-~-,_.. of such notification to the Federal Emergency Management Agency. I 4. Assure that maintenance is provided within the altered or relocated-' . Formatted: Normal, Justified, portion of said watercourse so that the flood-carrying capacity is not diminished. indent: Left: OS'. First line: OS - ----_._---~.._- I 5. Verify and record the actual elevation (in relation to mean sea level)" f Formatted: Normal, Justified, of the lowest floor (including basement) of all new or substantially improved Indent: Left: OS', First Ime: OS ---_._-,- structures, in accordance with paragraph C. I Verify and record the actual elevation (in relation to mean sea level)- ! Formatted: Normal, Justified, --'- 6. to which the new or substantially improved structures have been ,flood proofed, in [Indent: Left: 0.5", First Ime: OS accordance with paragraph C. Deleted: floodproofed I 7. In coastal high hazard areas, cenification shall be obtained from a" i Formatted: Normal, Justified, I registered professional engineer or architect that the structure is securely anchored ' Indent: Left: OS', First line: OS' ._~-- - -_.._- to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. I coastal hazard administrator shall obtain- ----- 8. In high areas, the -1 Formatted: Normal, Justified, certification for the adequacy of breakaway walls in accordance with article VII, Indent: Left: OS', FIrst iine: OS' -- --.------- Section 3.B.5.h. I 9. When ,f1o()d Pr:OCJfill(!jS lltilize~ fora partic~l<lr struc:tu!e,th~ ~ Formatted: Normal, Justified, administrator shall obtain certification from a registered professional engineer or ! Indent: Left: 0.5", First line: OS' architect. Deleted: floodproofmg I Where interpretation is needed as to the exact location of th~ ,~--_..._._-- 10. i Formatted: Normal, Justified, boundaries of the areas of special flood hazard (for example, where there appears indent: Left: 0.5", First line: 05" to be a conflict between a mapped boundary and actual field conditions), the administrator shall make the necessary interpretation. The person contesting the October] 4. 2008 17 location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article. I 11. When base flood elevation data has not been provided in accordanc~------- Formatted: Normal, Justified, with article VII, Section I.F, the administrator shall obtain, review and reasonably , Indent: left: 0.5', First line: 0.5" utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of Section 3. The finished floor elevation of all habitable snace in new construction. not located in a flood zone. shall be elevated a minimum of twelve (2) inches above the crown of any adjacent roadway. I 12. All records pertaining to the provisions of this article shall b~----- Formatted: Normal, Justified, maintained in the department of development and shall be open for public Indent: left; 0.5', First line: 0.5' inspection. I c. Permitting. Application for a permit shall be made to the development+-- ---- Formatted: Normal, Justified, department prior to any development activities. Application shall include, but not be Indent: First line: OS limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question to be developed; existing or proposed structures; flll; storage of materials; drainage facilitiesllocation. Specifically, the following information is required: I 1. Elevation in relation to mean sea level of the proposed lowest floor<-- _u__ Formatted: Normal, Justified, (including basement) of all structures. Indent: left: OS, First line: 0.5" I 2. Elevation in relation to mean sea level to which any non-residential+---- - Formatted: Normal, Justified, structure will be ,flood tJrc:)()fed.___h____u_u____ _ _ __ __ _ ____u___ _________ ___u_______u_ Indent: left: OS, First line: OS - - i Deleted: f1oodproofed ) I 3. Certification by a Florida registered engineer or architect that th~-uu-- Formatted: Normal, Justified, structure meets the ,flood pr()()fin,g-_~Ijt~.ri_~ ~'!J1ic:~e_YTI~_s.~_C!!0_J?__3)3):h_____________ Indent: left: OS, First I1ne: OS -1 Deleted: f1oodproofing I I 4. Description of the extent to which any watercourse will be altered or<-------- Formatted: Normal, Justified, relocated as a result of proposed development. Indent: Left: OS, First line: OS I 5. A flood elevation or ,f1Cl_odpr()o fint; _ c_~r:tifi_~~ti_'?l1_ ~f'tl?~_ ~(: _l,?:,^:~~~ _~()_o~- - - - - Formatted: Normal, Justified, is completed, or in instances where the structure is subject to the regulations Indent: Left: OS, First line: OS applicable to coastal high hazard areas, after placement of the horizontal structural ' i Deleted: f1oodproofing I I members of the lowest floor. Within twenty-one (21 ) calendar days of I establishment of the lowest floor elevation, or ,fl.oodproofing _~y_ _\Vh.at~~er .., Deleted:floodproofmg i construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, the permit holder shall submit to the I development department a certification of the elevation of the lowest floor, A(lod__ i Deleted: floodproofed I nroofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, in relation to mean sea level. Said certification shall be prepared by or under the direct I supervision of a registered land surveyor or professional engineer. When )load '1 Deleted: floodproofmg I October 14, 2008 18 or':I(,jin;: 1S utilized. certification shall be prepared by ur under the dlrect supervision of a professional engineer or architect Any work done withw the rwent~y-one-day calendar period and prior w submisslOn of the certification shall be at the permit holder's risk. The development department shall review the flood elevation survey data submined. Deficiencies detected by such review sha11 be corrected by the permit holder immediately and prior to continuation of the work. Failure to submit the surveyor failure 10 make said correcrions. shall cause issuance of a stop-work order for the project. I 6. A survey of mangrove trees on site. . I Formatted: Normal, Justiflec, I Indent: Left: OS', First line: OS I D, Variance procedures/appeals. I - Formatted: Normal, JustiFiec, Indent: First line: OS 1. The building board of adjustment and appeals shall hear and decide- . 1 Formatted: Normal, Justified, appeals when it is alleged there is an error in any requirement, decision or ' Indent: Left: OS, First line: OS ---~~ determination made by the director of development in the enforcement or administration of this article. I a. In passing upon such appeals, the building board of- -1 Formatted: Normal, Justiflec, adjustment and appeals shall consider all technical evaluations, all relevant : Indent: Left: 1", First line: OS -- .------- factors, all standards specified in other sections of this article. and: I (1) The danger that materials may be swept onto other- i Formatted: Normal, Justified, lands to the injury of others. . Indent: Left: 1.5", First line: OS' I (2) The danger to life and property due to flooding or- ----- -.. . Formatted: Normal, Justified, erosion damage. ! Indent: Left: 1.5", First Ime: OS' \ (3 ) The susceptibility of the proposed facility and its- Formatted: Normal, JustIfied, contents to flood damage and the effect of such damage on the Indent: Left: 1.5", F/Cst Ime: OS ~. --..---- .._~ individual owner. I (4) The importance of the services provided by th~. I Formatted: Normal, Justified, proposed facility to the community. Indent: Left: 1.5", First line: OS' -~-~- '---'---"-_.~-'-- I (5) The necessity to the facility of a waterfront location.- : Formatted: Normal, Justified, where applicable. ' Indent: Left: 1.5", First line: OS I (6) The availability of alternative locations. not subject~ ---~ - .i Formatted: Normal, Justified, to flooding or erosion damage. for the proposed use. Indent: Left: 1.5", First line: OS I (7) The compatibility of the proposed use with existing-' --~~'-- ~ j Formatted: Normal, Justified, and anticipated development. Indent: Left: 1.5", First line: OS' October] 4. 2008 19 1 (8) The relationship of the proposed use to the"'-- m_ Formatted: Normal, Justified, comprehensive plan and floodplain management program for that Indent: Left: 1.5", First line: 0.5" area. I (9) The safety of access to the property in times of flood.'- ---1 Formatted: Normal, Justified, for ordinary and emergency vehicles. Indent: Left: 1S, First line: OS I (10) The expected heights, velocity, duration, rate of rise"" P' - Formatted: Normal, Justified, and sediment transport of the flood waters and the effects of wave Indent: Left~ IS, First line: OS action, if applicable, expected at the site. I (11) The costs of providing governmental services.....--- Formatted: Normal, Justified, during and after flood conditions including maintenance and repair Indent: Left: 1S, First line: OS of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. I b. Upon consideration of the factors listed above and the----' m' Formatted: Normal, Justified, purposes of this article, the building board of adjustment and appeals may Indent: Left: I", First line: OS attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. I c. Variances shall not be issued within any designated floodwaJ"""'Hh Formatted: Normal, Justified, if any increase in flood levels during the base flood discharge would Indent: Left: 1", First line: OS result. 2. The building board of adjustments and appeals shall hear and decide requests for variances from the requirements of this article. I a. Conditions for variances: . . -.. .' - Formatted: Normal, Justified, Indent: Left: OS, First line: OS I (1) Variances shall only be issued upon a determination that the+--h'" Fonnatted: Normal,Justifled, variance is the minimum necessary, considering the flood hazard, to afford Indent: Left: 1", First line: 0.5" relief, and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. I b. Variances shall only be issued upon: -, ... -. - Formatted: Normal, Justified, Indent: Left: 0.5", First line: 0.5" I (1) A showing of good and sufficient cause; +- ~ - - - ~ Formatted: Normal, Justified, Indent: Left: 1", First line: 0.5" I (2) A determination that failure to grant the variance would-.' -- - Formatted: Normal, Justified, 1 result in exceptional hardship to the applicant; and Indent: Left: 1", First line: 0.5" , (3) A determination that the granting of a variance will not result- --- '-j Formatted: Normal, Justified, m increased flood heights, additional threats to public safety, Indent: Left: 1", FIrst line: 0.5" extraordinary public expense, create nUIsance, cause fraud on or October 14, 2008 20 vICtimization of the public, or conflict \\' llb eXISIUl g jucal law;- ,.,- ordinances. c. .tillY applicant to whom a \'ariance is granted shall be glVen written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate willi the increased risk resulting from the reduced lowest floor elevation. I 3. Any person aggrieved by the decision of the building board of~' Formatted: Normal, Justified, adjustment and appeals or any taxpayer may appeal such decision to the circuit ' Indent: Left: OS', FIrst lIne: OS' court as provided in Florida law. 4. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. 5. The director of development shall maintain the records of all. .~-.. '1 Formatted: Normal, Justified, appeal actions and report any variances to the Federal Emergency Management ! Indent: Left: OS', FIrst line: OS' Agency upon request. I Section 3. Provisions for Flood Hazard Reduction. . i Formatted: Normal, JustifIed ---'-~'- I A. In General. In all areas of special flood hazard the following provisions are'" .1 Formatted: Normal, Justified, required: ' Indent: First line: OS' 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. I 2. Manufactured homes shall be anchored to prevent flotation.~u " Formatted: Normal, Justified, collapse or lateral movement. Methods of anchoring may include, but are not Indent: Left: OS', FIrst line: OS' limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. I 3. All new construction and substantial improvements shall be'" ' Formatted: Normal, Justified, constructed with materials and utility equipment resistant to flood damage. Indent: Left: OS', First line: OS' I 4. All new construction or substantial improvements shall be'" Formatted: Normal, Justified, constructed by methods and practices that minimize flood damage. Indent: Left: OS', FIrst line: OS' I ..~ 5. ElectricaL heating, ventilation, plumbing, air conditioning equipment. ~ Formatted: Normal, JustifIed, and other service facilities shall be designed and/or located so as to prevent water ; Indent: Left: OS', First lIne: OS' from entering or accumulating within the components during conditions of flooding. OctOber ]4. 2008 21 I 6. All new and replacement water supply systems shall be designed to.--' Formatted: Normal, Justified, minimize or eliminate infiltration of flood waters into the system. Indent: Left: 0.5", First line: 0.5' I 7. New and replacement sanitary sewage systems shall be designed to.------ Formatted: Normal, Justified, minimize or eliminate infiltration of flood waters into the systems and discharges Indent: Left: 0.5", First line: 0.5" from the systems into flood waters. I 8. On-site waste disposal systems shall be located to avoid impainnent.-- - - Formatted: Normal, Justified, to them or contamination from them during flooding. Indent: Left: 0.5", First line: OS' I 9. Any alteration, repair, reconstruction or improvements to a structur~m." Formatted: Normal, Justified, which are in compliance with the provision of this article, shall meet the Indent: Left: 0.5", First line: 0.5" requirements of "new construction" as contained in this article. I B. Standards for areas of special flood hazard. In all areas of special flood.------ Formatted: Normal, Justified, hazard where base flood elevation data has been provided as set forth in Article VII the Indent: First line: 0.5" following provisions are required: 1 1. Residential construction. New construction or substantial." . --' Formatted: Normal, Justified, improvement of any residential structure shall have the lowest floor, including Indent: Left: 0.5", First line: 0.5" basement, elevated to or above base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of article VII, Section 3.B.3. I 2. Non-residential construction. New construction or substantial.---.... Formatted: Normal, Justified, improvement of any commercial, industrial or other non-residential structure shall Indent: Left: 0.5", First line: 0.5" have the lowest floor, including basement, elevated to the level of the base flood I elevation. Structures located in all A-zones may be,fl.o.C?~prClof~~_~J.i_e~.()r1?~!nK . i Deleted: floodproofed I elevated provided that all areas of the structure below the required elevation are watertight and with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided as set forth in Article VII, Section 2.C.3. I 3. Elevated buildings. New construction or substantial improvements of.. ....- Formatted: Normal, Justified, elevated buildings that include fully enclosed areas formed by foundation and Indent: Left: 0.5', First line: 0.5" other exterior walls below the base flood elevation shall be designed to preclude fmished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. I (a) Designs for complying with this requirement must either be------- Formatted: Normal, Justified, certified by a professional engineer or architect or meet the following Indent: Left: 1 n, First line: 0.5" minimum criteria: October] 4, 2008 22 (1) Provide a mmimum of two (2) openings hal'mg ". ---_._,---- Formatted: t'iormai, Justified. total net area of not Jess than one ( 1 i square inch for every square Indent: Left: 1.:", Firs: line: OS ----~--_..,.,_..._-- ."-"--- foot of enclosed area subject Ie' flooding. I (2) The bottom of all openings shall be no higher than- ------- Formatted: Normal, Justified, one (1) foot above grade: and Indent: Left: 1.5", First Ime: OS _..._._---,----~_._. I ~- ------..-- ------ ..~- (3 ) Openings may be equipped with screens, louvers.-' , Formatted: Normal, Justified, valves or other coverings or devices provided they permit the Inaent: Left: c.5", First Ime: CS "'- -~-------- automatic flow of floodwaters in both directions. (b) Electrical, plumbing and other utility connections are-- " . Formatted: Normal, Justified, prohibited below the base flood elevation: Indent: Left: 1", First line: CS' ---'. I (c) Access to the enclosed area shall be the minimum necessary~' . . Formatted: Normal, Justified, to allow for parking of vehicles (garage door) or limited storage of ! Indent: Left: 1", First line: OS' maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator): and I (d) The interior portion of such enclosed area shall not be- I Formatted: Normal, Justified, ----,-- partitioned or finished into separate rooms. ! Indent: Left: 1", First line: OS' --- _._,~---~ I 4. Floodways. The following provisions shall apply to floodways~ j Formatted: Normal, Justified, within areas of special flood hazard established hereinbefore: ! Indent: Left: OS'. First line: OS I (a) Prohibit encroachments including fill. new construction,-" "--.-..--. 1 Formatted: Normal, Justified, substantial improvements, and other development unless certification ! Indent: Left: 1", First line: CS' .--.-- (with supporting technical data) by a Florida registered engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. I (b) If Paragraph BA.a is satisfied, all new construction and- "i Formatted: Normal, Justified, I substantial improvements shall comply with all applicable flood hazard I Indent: Left: 1", First Ime: OS' ----.---_.~ reduction provisions of Section 3. (c) Prohibit the placement of any manufactured homes (mobile- i Formatted: Normal, Justifred, homes) except in an existing manufactured home (mobile home) park or ' Indent: Left: 1", First Ime: OS' ~-~_.~_..- subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards and elevation standards outlined hereinbefore are met. I Coastal high hazard area (V zones). ~ ---~_.._-- ---. 5. Located within the areas of- . 1 Formatted: Normal, Justified, special flood hazard established herein are areas designated as coastal high hazard Indent: Left: OS', First line: C.::" --~- areas. These areas have special flood hazards associated with wave \vash: therefore, the following provisions shall apply: October] 4. 2008 ')~ __1 I (a) All buildings or structures shall be located landward of the---- ---- Formatted: Normal, Justified, reach of the mean high tide. Indent: Left: 1", First line: OS I (b) All buildings or structures shall be elevated so that the+----u Formatted: Normal, Justified, lowest supporting member (excluding pilings or columns) is located no Indent: Left: 1", First line: OS lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action. I (c) All buildings or structures shall be securely anchored on..--uu- Formatted: Normal, Justified, pilings or columns. Indent: Left: 1", First line: OS I (d) All pilings and columns and the attached structures shall be+u-u-- Formatted: Normal, Justified, anchored to resist flotation, collapse, and lateral movement due to the Indent: Left: 1", first line: OS effect of wind and water loads acting simultaneously on all building components. The anchoring and support system shall be designed with wind and water loading values which equal or exceed the hundred-year mean recurrence interval (one {I} percent annual chance flood). I (e) A Florida registered engineer or architect shall certify that.. --'--1 Formatted: Normal, Justified, the design, specifications and plans for construction are in compliance Indent: Left: 1", first line: OS with the provisions contained in paragraph B.5.b, c and d. I (f) No fill shall be used as structural support. Non-compacted"-'h-u Formatted: Normal, Justified, fill may be used around the perimeter of a building for Indent: Left: I", First line: OS landscaping/aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects or wave deflection. The development department shall revIew design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect and/or soil scientist, which demonstrates that the following factors have been fully considered: I (1) Particle composition of fill material does not have a~------- Formatted: Normal, Justified, tendency for excessive natural compaction; and Indent: Left: IS, First line: 0.5" I (2) Volume and distribution of fill will not cause wave- _h - - - - Formatted: Normal, Justified, deflection to adjacent properties; and Indent Left: 1.5", First line: 0.5" I (3) Slope of fill will not cause wave run-up or ramping. +-------- Formatted: Normal, Justified, Indent: Left: 1.5", first line: OS I (g) There shall be no alteration of sand dunes or mangrove+- __u_, Formatted: Normal, Justified, stands which would increase potential flood damage. : Indent: Left: 1", First line: OS October ]4, 2008 24 Lattice work or decoratJ\'e screenmg shall be allowed below. -~-----_.~- (h) Formatted: Norma.. :CJS'!';f'c the base flood elevation provided they are not part of the structural support Jnoen:: Let:: :', F,'5' of the building and are designed so as to breakaway. under abnoffilally high tides or wave action. without damage to the structural integrity of the building on which they are to be used and provided the following desJ~>11 specifications are mer: (1) No solid walls shall be allowed: and - ----- . Formatted: Normal, Justified, : Indent: Left: :S', First line: OS' I (2) Material shall consist of wood or mesh screening. '1 Formatted: Normal, JustifIed, only. : Indent: Left: 1S', First line: OS' ..----... I (i) If aesthetic lattice works or screening are utilized, such- . Formatted: Normal, Justified, enclosed space shall not be used for human habitation. Indent: Left: 1", First line: OS' ----..--.---.. I (j) Prior to construction, plans for any structure that will have-- i Formatted: Normal, Justified, lattice work or decorative screening must be submitted to the development . Indent: Left: 1", First line: OS' department for review. (k) Prohibit the placement of manufactured homes (mobile- i Formatted: Normal, Justified, homes), except in an existing manufactured home (mobile home) park or ) Indent: Left: 1 ", First line: OS' subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and elevation standards of this chapter are met I (1) Any alteration, repair. reconstruction or improvement. i Formatted: Normal, Justified, i to a structure shall not enclose the space below the lowest floor I Indent: Left: 1.5", FIrst Ime: OS' except for lattice work or decorative screening, as provided for in paragraph B.6.h and i. I c. Standards for areas of shallow flooding (AO zones). Located within the--' i Formatted: Normal, Justified, areas of special flood hazard established in Section 1.F are areas designated as shallow ~ Indent: First line: OS -,--_.. flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defmed channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore. the following provisions apply: I All new construction and substantial improvements of residential. -~~---_._- (1) i Formatted: Normal, Justified, structures shall have the lowest floor, including basement, elevated to the depth Indent: Left: OS', First line: 0.5" -~---- number specified on the flood insurance rate map, in feet, above the highest adjacent grade, If no depth number is specified, the lowest floor. including basement. shall be elevated at least two (2) feet above the highest adjacent grade. I All new construction substantial improvements of non-- ~--_._....-..~ (2) and ! Formatted: Normal, Justified, residential structures shall: Indent: Left: OS', First line: OS' ------- October] 4. 20()~ -, - -) I (a) Have the lowest floor, including basement, elevated to th~u m Formatted: Normal, Justified, I depth number specified on the flood insurance rate map, in feet, above the Indent: Left: 1", First line: OS' highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade, or I (b) Be completely ,flood Droofed to or above that level sothat+- --.. - Formatted: Normal, Justified, any space below that level has watertight~alis-substantially-i~perIDeable .. . Indent: Left: 1", First line: OS to the passage of water; structural components having the capability of . ~ Deleted: floodproofed J resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and I utility and sanitary facilities completely fio_od nroofed:muuuuumuuu u__d "'. Deleted: floodproofed I I D. Standards for subdivision proposals. +u___u Formatted: Normal, Justified, Indent: First line: OS I 1. All subdivision proposals shall be consistent with the need to+u---u Formatted: Normal, Justified, minimize flood damage. Indent: Left: OS', First line: 0.5" I 2. All subdivision proposals shall have public utilities and facilities such" m _nO Formatted: Normal, Justified, as sewer, gas, electrical and water systems located and constructed to minimize Indent: Left: 0.5", First line: OS flood damage. I .., All subdivision proposals shall have adequate drainage provided to+----'-- Formatted: Normal, Justified, .:l. reduce exposure to flood hazards. Indent: Left: OS, First line: OS I 4. Base flood elevation data shall be provided for subdivision proposals"-----u Formatted: Normal, Justified, and other proposed development which contains more than fifty (50) lots or is Indent: Left: OS, First line: OS larger than five (5) acres. I E. Standards for small streams. Where small streams exist, but where no base-d---u Formatted: Normal, Justified, flood data has been provided or where no floodways have been provided, the following Indent: First line: OS' provisions apply: I 1. No encroachments, including fill material or structures, shall be-----u-- Formatted: Normal, Justified, located within a distance of the stream bank equal to five (5) times the width of Indent: Left: OS, First line: OS the stream at the top of bank or twenty (20) feet on each side from top of bank, whichever is greater unless certification by a Florida registered engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. New construction or substantial improvements of structures shall be I elevated or ,flood proofed in acc;ordance with elevations established in accordance ,. . i Deleted: floodproofed 1 with Section 2.B .11. ARTICLE VIII. LOCAL HOUSING ASSISTANCE PROGRAM HOUSINC October 14. 2008 26 ~ '" . '" '" . . 0 0 o. 0' C. 0 0' 0 '" 0 '" 0 p' 0 o~ , , e '" , , 0 ~ e ~ '" ~ '" . . . . . . '" '" , c .' . p c ~ , , p '" October 14. 200'6 :-7 conditions, occupancy aBd maintenance of d'J/elliB;;s, dv/elling units and premises; establishin.; minimum standards governing atilities, supplied facilities and ether physical compoBents and conditions essential to make dwellings, dwelling llBits aftd premises safe, sanitary and fit for human habitation; fixmg oertain respoRsibilities and duties of o'.'/ners, operators, ageRts and occupants of dwellings, dv/elliRg units and premises; and authorizing and establishiRg procedures for the mspeetion of dwellmg units aftd premises aad the cOBdemnation and '/acatioB of those dwelliRgs, d-,velling units and premises unfit for human habitation. D. Scope; applicability. E'/ery portion of a b\:lilding or premises used or intended to be u5ed for any dv/elliRg purpose, e:meept temporary housing, shall eomply with the provisions of this artiule, irrespeotive of when such building shall have been eonstructed, altered or repaired; and irre5flecth'e of any permits or licenses which shall have been issl:led for the use or oceapancy of the building or premises, for the construction or repair of 'euildin.;, or for the installation or r-epair of equipment or facilities prior to September 15, 1965. This article establishes minimum standards but does not replaoe, repeal or modify standards othenvise established for construction, replacement or repair of 'el:lildiRgs or structures eJwept sueh as are contnrry to the provisions of this article, in \T/hich event the higher standard required shall prevail. E. Conflict with other ordinances. Where a provision of this article is found to be in conflict 'J/ith a proT/isioB of any zoniRg, building, eleetrieal, plumbing, fire, safety or health ordinance or any eode or other regulation of the city, the provision which establishes the highest standard shall prevail. F. Conflict of permits and licenses. /.11 departments, officials and employees of the city who have the duty or the authority t<l issue permits or lioenses in regard to the construction, installation, repair, use or oooupanoy of dwellings and d',,'elliRg units shall conform to the pro'/isioRs of this article. No permit or lieense sball be issued if suoh woald 'ee in conflict with this article eJwept as provided in article VIII, Seotion IE G. Unfit dwelling units. 1. Eli.;ibility. Any d'Nelling or awelling unit having the folloT//in.; defeats, may be designated by the development department as anfit for human habitation: (a) The structure lacks illumination, '/entilation, sanitation, heat, inadequate or unsafe wiring or other facilities adequate to protect the health and safety of the occapants or the puelie. (b) The struoture is damaged, deGayed, dilapidated, unsanitary, unsafe or vermin infcsted in such manner as to create a serious hazard to the health and safety of the oooupants or the pablie. October] 4, 2008 28 '" ..... .. ~ -" '" e '" ~ c e . . . .. 0 ~ '" ~ " -' '" 0 c ~ ~. '" e - '" - - . '" c c 0 , . . . . ". '" ~ October 14. 2()O8 29 1. To rent or lease no dwellin.; to anyone for occupancy unless it meets minimum. standards set farth her-ein. 2. To have dwellin; in clean, sanitary, habitable condition; to free from infestation Before renting; to paint T......alls and ceilings; and to clean, repair and exterminlite if needed to meet aforesaid requirements Before offering for rent. 3. To provide screens to be hung. 1. To eKtermmate in the folloTl.'ing eases: (a) V/hen infestation exists in two (2) or more HRits or multiple unit structures. (b) '}.Then infestation exists in shared or public areas of multiple unit structure. (0) When infestation eJ(ists iR single unit of multiple unit structure or in single uRit structure ';r,,.hen mfesmtioR is due to failure of the o.......ner to maintain the dwelling in a ratproof and reasonably insect proof condition. Seeti9B 2. Minimum Standards, ^ Genoral condition of structures. .1...... 1. All dwelling structures shall be waterti;ht, weatherproof, roaent aftd iRsect proof and in good repair. 2. E'Iery foundation, exterior T.vall and roof shall be reasonably T:;at-ertight, weatherti;ht and rodent proof, shall adequately sapport the bl.:1ilding at all times and shall be in a TNorkmanlil(e state of mamtenance and repair. 3. Every interior partition, ......'all, floor lind ceiling shall be reasonably tight; capable of affordiRg priT/acy; maintained in a workmanlike state of repair; and in a clean and sanitary condition. 1. ETleI)' roof shall be so dramed and every lot shall he graded and drained so as to prevent dampness in the walls, eeilin.;, floors or ba5emcnt of every dwelling. 5. ETleI)' '.yindow, exterior door and basement hatch'Tvay shall be reasonably T.veathertight, wat-ertight and rodent proof, and shall be maintained in a sound oOBdition and repair. 6. Every inside and outside stairway, every porch and every appurtenance thereto shall be safe to use; capable of supporting the load that normal use may cause; and maintamed in sound condition and repair. October 14, 2008 30 ., 0 ::= ~ = ~ - . ~ ~ ~ -' 0 , ~ 0' 01 - e p ::= e '" ::= ,- '" ~ ::= ~ p' ::=. '" . . . c . October 14. 2008 31 1. Potable ':cater supply. ETle!)' habitable dwelling unit shall be sapplied T:.'ith potable 'Nater approT.'ed 'ey the Palm Beach County Health Department. 2. Plumbin.; fIxtares. In cT.'el)' habitable (hvelling unit all plumbing fIxtures shall be properly installed; properly coooected in accordanee \vith the city plumbiRg code to thc water supply and sewer system; properly maiRtaiBed; and in good T,...orkiRg order. 3. Supplied facilities. Every habitable dwelling unit shall contain a sink, tub or shower, laTlatory and toilet. F. Space requirements. 1. SleepiBg rooms. E."el)' sleeping room for one occapani: shall have se'/enty (70) sqaare feet of floor space or fifty (50) sqliare feet of floor 5flaee per occapani:, whichever is greater. 2. Size of dwelling linit. The total of all habitable rooms in a dwelling unit shall be such as to provide at lease one hundred and fifty (150) square feet of floor space for thc fIrst oooupant and one hundred (100) square feet of floor space per additional ocoupant, except every dwelliRg tlnit shall contam a greater area if reqliired 'ey the city building or zoning oode. 3. Minimum height of habitable rooms. Eve!)' habitable room shall be not less than seveR (7) feet iR height from the floor to the oeiling throughout one half of the area of slioh room. /.ny portion of room having a ceiliRg height of less than fi'/e (5) feet shall not be considered in computiRg the total floor area fDr SliCE. room. G. Egress. Eve!)' habitable dwelling lmit shall be provided with safe and unobstructed ex-its to reduce danger in oase of emergeney. H. Infestation. 1. ETcel)' door, T;,'indo'J;' or other deTcioe opening directly from a dwelling unit to outdoor spaoe shall be equipped 'Tvith screens. 2. ETcery basement or cellar '.?meow or other opening to a basement shall be permanently equipped with screens or such other deT/ice as will effeetively prc'/ent the entrance of rodents. 3. There shall be no standin.; pools of water y/hich might provide a breeding place for mosqliitoes. 1. Dwellings should be fr-ee from rodents and other T/ennin at all times. Section 3, LoeallloHsmg Assistance Program. October] 4. 2008 32 A. The "WHEREAS.' clauses of Ordinance No. oq- -, 1 are bereby ratified ano confirmed as being true and correct and are hereby made a special pan of this section B. Defmitions. For the purposes of this section. the defminons contained in the State Housing Initiatives Partnership Act hereinafter .'the Act," Sections 420.907 et seq.. Florida Statutes, and Chapter 91-37 of the Florida Administrative Code. as amended from time to time, are adopted herein by reference. C. Legislative intent. The purpose of this chapter is to implement the Act; including, without the limitation, the following: 1. To increase the availability of affordable housing by combining local resources and cost saving measures, as applicable, and by using private and public resources to reduce the cost of housing; ') To promote more compact urban development, and to assist m achieving the growth management goals contained m the adopted local comprehensive plan by allowing more efficient use of land so as to provide housing units that are more affordable; 3. To establish a strong sense of community through increased social and economic integration; 4. To build the organizational and technical capacity of community- based organizations so as to optimize the role of community-based organizations in the production of affordable housing: 5. To promote innovative design of eligible housing, and its supporting infrastructure, to provide for cost savings in the provision of such housing; and 6. To promote expedited permit processing systems for affordable housing. D. Establishment of Local Housing Assistance Program. 1. There is hereby created and established a local housing assistance program ("Program") by the City of Boynton Beach, to be implemented and administered by the City. ') The City shall implement the Program. within the City, consistently with the requirements of the Act. 3. The City's Community Redevelopment Department shall be responsible for administration of the local assistance program. October] 4. 2008 33 E. Special provisions. The City hereby indicates that five (5%) percent of the funding to be used for administration of the program is insufficient, and therefore elects to utilize ten (10%) percent of the funding for administration purposes. F. Establishment of Affordable Housing Assistance Trust Fund. 1. Pursuant to the requirements of the Act, the City agrees to establish an affordable housing trust fund ("Fund") within the official and fiscal accounting records of the City. All monies deposited in the fund shall be subject to the requirements of the Act and this section. 2. The City shall eause the Fund to be audited, and shall report the results of such audit as required by the Act. G. Creation of Citizens Advisory Committee. This section shall cause the creation of a Citizens Advisory Committee to act in the role of the Affordable Housing Advisory Committee, as required by the Act. The composition and function of the Committee shall be in accordance with the requirements of the Act. H. Adoption of the Affordable Housing Incentive Plan. The City will, within one (1) year of adoption of Ordinance No. 97-11, adopt a Housing Incentive Plan as required by Florida Statutes. (Ord. No. 97-11, ~S 1-8,5-6-97; Ord. No. 97-21, S 1,6-17-97) ARTICLE IXT RESERVED SWIMMINC POOLS }~~D SPAS The swimming pool and spa "ode establishing 'easie criteria fDr the design and eonstruction of swimmiRg pools and spas v.'ithin the city was adopted and esta'elished as the sTNimming pool and spa regulations of the city 01'1 Se13tember 1, 1996, and is OR file as Ordinanee No. 96 39 iR the office of the city clerk and the office of tho direetor of development. (Ord. No. 96 39, ~ 1, 9 1 96; Ord. No. 96 60, ~ 3, 1 21 97) ARTICLE X, WORKFORCE HOUSING PROGRAM Section 1. Findings. A. The City Commission having conducted a housing needs assessment has determined that there is a housing shortage within the city that is affordable to the everyday working families and citizens of the city. B. Florida Statutes S 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of October ]4, 2008 34 \vorkforce housmg usmg land use mechamsms not wIthstanding any other nr(wisior. (,. law. C. The City Commission recognIzes that there IS a growmg gap between housing costs and wages in the city. D. The city has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for low and moderate income persons in the city. E. The city recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable city having the character and sense of community where people can live and work in the same area. F. The city is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector. (Ord. No. 07-007. ~ 2.4-3-07) Setion 2. Defmitions. A. Median Household Income (MHI). The Palm Beach County Median Household Income, adjusted for family size, as published by the Department of Housing and Urban Development (HUD). B. Af(ordability controls. Restrictions placed on workforce housing units by which the price of such units and/or the income of the purchaser or lessee will be restricted in order to ensure that the units remain affordable to low and moderate income households. C. AfJordability term. The time a workforce housing unit is required to remain affordable to income qualified buyers or renters. D. Boynton Beach Housing Trust. A trust created as a depository for in-lieu of payments, donated land, or housing units for the purpose of providing workforce housing uni ts. E. Citl'. The City of Boynton Beach, Florida. F. Deed restriction. Each workforce housing unit created under the program shall be deed restricted for thirty (30) years. The deed restriction shall serve to restrict the sales or rental price and/or the income of the purchaser or renter. October] 4. 2008 35 G. Development. A development at one (1) location which includes at least ten (10) residential units for which site plan approval has been granted. H. Eligible occupant. A person who qualifies for participation in the program whose income does not exceed 120% of Median Household Income for Palm Beach County as set by HUD Priority will be given to persons who have lived or worked within the city limits of Boynton Beach continually for one (l) year immediately prior to the date of application for a workforce housing unit 1. First time home buyer. A person who has not held ownership in a residence within the past three (3) years. J. Income qualified household. A household whose income is verified to be either low income or moderate income. K. Low income household. A household with a gross, combined income below eighty percent (80%) of the Palm Beach County Annual Median Household Income as defmed by HUD. L. Moderate income household. A household with a gross, combined income between eighty percent (80%) and 120% of the Palm Beach County Median Household Income (as defined by the Florida Housing Finance Corporation). M. Restrictive covenant and agreement. The covenants that govern the initial sale and rental and subsequent resale and releasing of workforce housing units created under the Workforce Housing Program. The term of the restrictive covenant and agreement is thirty (30) years. N. W orliforce housing unit. A dwelling to be sold or leased to an individual or family that is income qualified in which the rent or mortgage payments (including principal, interest, taxes, insurance and homeowner association fees) does not exceed thirty- five percent (35%) of the gross income of households that are classified as low or moderate income households. (Ord. No. 07-007, S 2,4-3-07) Section 3. Applicability, Except as otherwise provided in this article, these regulations shall apply to development applications consistent with the following conditions: A. Developments with a residential component for which any land use and/or a zoning category permitting the density in excess of 10 dwelling units per acre is applied, including the requests for planned development districts in cases where the desired Future Land Use classification is already i.11 place and allows such densities; October J 4, 2008 36 B. A major modification of a development sIle plan If ( 11 the prevIOus appnwal includes a density as described in condition A of this sect]on: and (2) such modification proposes more housing units than previously approved: and (3 ! the previous development approval was granted after April 3, 2007: in such a case. these regulations will appl:- w additional units only: and: C. Developments whose previous approval was consistent wlth condition A of this section and whose site plan has expired. (Ord. No. 07-007. ~ 2.4-3-07: Ord. No. 08-004, ~ 2. 3-4-08) Section 4. Provision of workforce housing units. Developers may be entitled the requested higher density land use and zoning category if providing workforce housing units as stated below. subject to the limits and requirements of this chapter. A. To be eligible for the requested higher density land use, the following percentage of workforce housing units must be incorporated into the development: l. High and Special High Density Residential - Twenty percent (20%) of the total number of proposed residential units in the development shall be designated as workforce housing units. ") Mixed-Use - Fifteen percent (15%) of the total number of proposed residential units in the development shall be designated as workforce housing units. 3. Mixed Use Core - Ten percent (10%) of the total number of proposed residential units in the development shall be designated as workforce housing units. TABLE 1 LAND USE CLASSIFICATION ZONING DISTRICTS MAXIMUM DENSITY High Density Residential PUD 10.8 dwelling units/acre IPUD 10.8 dwelling units/acre Special High Residential (SHR) PUD 20 dwelling units/acre IPUD 20 dwelling units/acre Mixed Use-Core (MXC) Mixed Use-High 80 dwelling units/acre Mixed Use (MX) Mixed Use Low-l 20 dwelling units/acre Mixed Use Low-2 30 dwelling units/acre Mixed Use Lo~-3 40 dwelling units/acre October] 4. 200~ 37 B. Twenty-five percent (25%) of the total required workforce housing units shall be set aside for low income households. Seventy-five percent (75%) of the total required workforce housing units shall be set aside for moderate income households. C. If the required number of workforce housing units results in a fractional remainder greater than .50, the number shall be rounded up. If the required number of workforce housing units results in a fractional number less than .50, the number shall be rounded down. D. The workforce housing units provided shall have the same percentage of unit types as market rate units within the development unless a contrasting unit type is intended to address particular needs existing within the community at the time of approval and substantiated by written evidence such as related reports or data. If the application involves a major modification of an existing development, only the additional units are used in determining the required unit mix. E. All units shall meet the requirements for unit size and construction as specified in this chapter and meet all required Land Development Regulations and applicable building codes. F. At the time of application for land use classification amendment and rezoning category change the project must be reviewed and signed offby the Community Improvement Division of the eity as part of the site plan approval process for compliance with affordability guidelines and number of units qualifying as workforce. G. The site plan shall clearly identify the location of workforce housing units. Additionally, tabular data must be included on the site plan showing the address or unit number, total number of units, number of bedrooms of workforce housing units and the targeted income levels. This shall be included with the market rate data. H. Workforce housing units shall include those units in a development, which are regulated in terms of: l. Initial sales price or rent levels; and 2. Subsequent resale prices or leasing rates. 1. If compliance with a land development standard would preclude construction of a residential or mixed-use development in which workforce housing units are included, pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the city's life or safety standards. October] 4. 2008 38 J. Pnor to the issuance of any building peml1t the restrictive covenant ano ah'Teemem shall be recorded in the public records of P aIm Beach County. The term of the restrictive covenant shall be thirty (30) years. A copy of the recorded covenant and agreement shall be provided to the city prior to the issuance of the building pemlit. (Ord. No. 07-007. ~ 2.4-3-07: Ord. No. 08-004, ~ 3. 3-4-(8) Section 5. Off-site options, A. Developers are required to include workforce housing units in any development in which High Density Residential. Special High Density Residential. Mixed-Use or Mixed-Use Core land use is requested. However, in the case of developments in which eighty percent (80%) of the residential unit sales prices will exceed $500,000. paying a fee in lieu of creating the workforce housing units on site donating land, purchasing and donating market rate units or building off site for the required number of workforce housing units may be permitted at the recommendation of the Community Improvement Department. B. In any case where off-site options are permitted, twenty-five percent (25%) of the total required workforce housing units shall be built on-site of the subject development. C. Off-site options are not applicable to rental developmems. All required workforce housing units must be constructed within the subject development. 1. Payment in-lieu. Contribute the per unit price listed in Table 1 below to the Boynton Beach Housing Trust to be utilized to subsidize the creation of workforce housing within the city. In-lieu of fees shall be paid in full prior to the issuance of a building permit. TABLE 2 PAYMENT Il" LIEU FOR CREATING REQUIRED WORKFORCE HOUSING UNITS (per unit required) One Bedroom $60.000 Two Bedroom $80.000 Three+ Bedroom $100,000 ') Donate land (buildable residential parcels) within the city limits to be used for workforce housing. The value of the land shall equal or exceed the total "in lieu of' fee for all required workforce units or shall be of sufficient size to develop the same number of required units. The value of the donated land must be verified by a MAl appraisal no more than three (3) months old. The appraisal October] 4. 2008 39 shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the city prior to the issuance of a final Certificate of Occupancy for the development. 3. Off-site construction. The required workforce housing units may be built off-site. All off-site workforce housing units shall comply with all sections of this article. Building permits shall be issued for a minimum of fifty percent (50%) of the required workforce housing units to be constructed off-site prior to the issuance of the fIrst Certificate of Occupancy in the subject development. All off-site workforce housing units must receive a Certificate of Occupancy prior to the issuance of more than seventy- five percent (75%) of the Certificate of Occupancies in the subject development. 4. Purchase market rate units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted to comply with this article. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. A minimum of fifty percent (50%) of the units must be purchased and deeded to the city or deed restricted prior to the issuance of the fIrst Certificate of Occupancy in the subject development. All workforce housing units shall be purchased and deeded to the city or deed restricted prior to issuance of more than seventy-five percent (75%) of the Certificate of Occupancies in the subject development. (Ord. No. 07-007, S 2,4-3-07) Section 6. Rental housing units. A. A restrictive covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the workforce housing units. All leases on workforce housing units shall contain language incorporating the restrictive covenant applicable to the workforce housing units and shall reference the recorded restrictive covenant. The restrictive covenant shall remain in force for thirty (30) years. B. Units targeted to low income households at fifty percent (50%) to the eighty percent (80%) of the Palm Beach County median income, adjusted for family size shall not have rental rates that exceed 100% of the HUD determined fair market rent for the area. C. Units targeted to moderate income households at eighty percent (80%) to the 120% of the Palm Beach County median income, adjusted for family size, shall not exceed 100% of the HUD determined fair market rent for the area. October ]4, 2008 40 D. Tenant income qualification records shall be mamtained on site and a year!) report shall be forv-'arded to the Community Improvement Division of the city for compliance determination. (Ord. No. 0:-007. ~ 2.4-3-07) Section 7. For sale housing units, A. All deeds shall include the restnctlVe covenant applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to Article X, Chapter 20 of the Land Development Regulations of the city. The restrictive covenant shall remain in force for thirty (30) years. The form of deed for workforce housing units shall be approved by the City Attorney. B. The restrictive covenants shall state that during the affordability term. the resale of a workforce housing unit shall be subject to the following resale requirements. 1. All workforce housing unit owners shall notify the city immediately that the unit is for sale. The city shall have first right of refusal to purchase the unit. Upon receipt of notice that a valid offer has been made on the unit. the city shall have fifteen (15) days to invoke its right of refusal to purchase the unites). ') All workforce housing units are to be resold only to low or moderate income qualified households at an attainable housing cost for each targeted mcome range. C. Purchasers of workforce housing units shall be required to occupy the unit. D. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm Beach County at the time of opening of escrow. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which is in addition to or more than charges imposed upon purchasers of market rate units. except for administrative fees charged by the city/CRA or their designee. E. Sales prices for workforce housing units will be calculated on the basis of: 1. An available fIxed-rate thirty (30)-year mortgage, consistent with a "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be used in calculating workforce housing prices if the developer can guarantee the availability of fIxed-rate thirty (30)-year mortgage at this lower rate for all workforce housing units required for the covered project; ') A down payment of no more than ten percent (10%) (including any down payment assistance provided by SHIP or other sources) of the purchase price: and October 14. 200~ 41 3. A calculation of property taxes; and 4. A calculation of homeowner msurance, mortgage msurance, homeowner association fees, property management fees and other closing costs. F. Compliance. Prior to request for [mal Certificate of Occupancy for the development, the developer shall provide to the city's Community Improvement Department, or designee, documentation sufficient to demonstrate compliance with the workforce housing program. Such documentation shall include but is not limited to information regarding the identity and income qualification documentation for all occupants of the workforce housing units, proof of recordation of restrictive covenant in approved form. (Ord. No. 07-007, S 2,4-3-07) Section 8. Resale requirements. To maintain the availability of workforce housing units which may be constructed or substantially rehabilitated pursuant to the requirements of this program, the following resale conditions shall be imposed on the workforce housing units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County: A. All workforce housing units constructed or substantially rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. B. Workforce housing units within a development shall be integrated with the rest of the development and shall be compatible in exterior design and appearance, construction, and contain comparable HV AC systems as market rate units. C. The developer shall provide workforce housing units that include unit types in the same proportion as the market rate housing units unless a contrasting unit type is intended to address particular needs existing within the community at the time of approval and substantiated by written evidence such as related reports or data. 1. If the development contains a mix of different types of units, (e.g. condominium, townhouse, detached, etc.), the proportion of workforce housing units of each type to total workforce housing units must be approximately the same as the proportion of market rate units of each type to total market rate units. 2. If the development includes both for sale and for rent units, the proportion of for rent workforce housing units to for sale workforce housing units must not exceed the proportion of for rent market rate units to for sale market rate units. October ]4, 2008 42 - . The number of bedrooms per umt must be proponionate benveen workforce and market rate units. 4. If the application involves a major modification of an eXIstmg development. only the additional unit.~ are used in determining the required unit mIX. D. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. E. There shall be no lot premiums charged on the workforce housing units. F. All required workforce housing units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. G. The city, its successors and assigns may enforce the covenants. No amendments to the restrictive covenant shall be made unless by written instrument approved by the city. (Ord. No. 07-007, S 2,4-3-07; Ord. No. 08-004, S 4, 3-4-08) Section 9. Monitoring and compliance. A. Final approval conditions. Final conditions of approval shall specify that the workforce housing units are sold to buyers whose income does not exceed 120% of median household income for Palm Beach County as set by HUD. The conditions will also specify the requirements for reporting to the city's Community Improvement Division on buyer eligibility, housing prices. as well as any applicable requirement to record the restrictive covenant or to enforce resale restrictions. B. At the time of request for fmal Certificate of Occupancy for the development. if the workforce housing units have not been sold to income qualified persons, the developer shall deposit in the form of a surety bond, the amount equal to 110% of the applicable "in lieu of' fee to the city's Housing Trust Fund. Upon verification that the required number of workforce housing units have been sold to income qualified persons, the surety will be released. C. The city may enforce the requirements of this article through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, during the term of the restrictive covenant. D. The Community Improvement Department shall submit an annual report to the City Commissioners indicating the status of this article, including but not limited to the number of units created, leased and sold. October 14. 2008 43 (Ord. No. 07-007, S 2,4-3-07) ARTICLE XIII. mSTORIC PRESERVATION Section 1. Generally. It is the intent of the eity to encourage the preservation of historically significant buildings within its corporate limits. All historic buildings other than single family and duplex dwellings shall be reviewed for historical significance in all development and construction proposals presented to the city. Preservation of such buildings will be required unless it can be established by the applicant that preservation significantly interferes with the reasonable use of the property. (Ord. No. 96-60, 9 4,1-21-97) Section 2, Waiver oftechnical requirements, The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as Historic Buildings when such buildings or structures are judged by the director of development to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts. (Ord. No. 96-60, 9 2, 1-21-97) Section 3, Design conformance. Additions and/or modifications to historical buildings shall conform to the architectural style of the original building. (Ord. No. 96-60, 9 2,1-21-97) S :\Planning\Zoning Code Update\LDR Rewrite\Part nI\Ch 20 sans PMR.doc October 14. 2008 44 XII. - LEGAL - 2nd Reading Non-Development CITY OF BOYNTON BEACH ITEM 8.2 AGENDA ITEM REQUEST FORl\tJ. Requested City Commission Date Final FOnTI Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ December 16. 2008 December]. 2008 (Noon) o February] 7,2009 February 2. 2009 (Noon) o January 6, 2009 December 15.2008 (Noon) o March 3. 2009 February ]7,2009 (Noon) o January 20. 2009 January 5, 2009 (Noon) o March 17,2009 March 2. 2009 (Noon) o February 3, 2009 January 19,2009 (Noon) o April 7.2009 March ]6,2009 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TlON: Motion to approve, on second and final reading, an ordinance creating Chapter 14.5 of the Code of Ordinances to be called the "Boynton Beach Dangerous Intersection Safety Act" establishing an enforcement program within the city authorizing the city to permit and implement the use of unmanned cameras/monitoring devices for red light infractions. There was one language change from the first reading: the warning period adopted in the ordinance was changed from six months to sixty days. EXPLANATION: According to the Insurance Institute for Highway Safety, 22 percent of all traffic accidents in the United States are caused by drivers running red lights. Our experience here in Boynton Beach would support the fact that intersections are frequently the scene of serious traffic crashes and that many of these are due to drivers failing to obey the automated traffic control devices (traffic lights). In an effort to combat this problem, approximately 200 cites nationwide have installed some sort of automated traffic enforcement devices at intersections that exhibit a high incidence of traffic crashes. The automated devices known as "red light cameras" are used to detect red light runners and collect photographic evidence of the infraction. In a typical system, digital cameras are positioned at the corners of an intersection on poles a few yards high. The cameras point inward so they can photograph cars driving through the intersection. Generally, a red-light system has cameras at all four corners of an intersection in order to photograph cars going in difference directions and to get photographs at difference angles. Each camera is controlled by a sensor that detects when the light turns red and when a vehicle has passed the red light. These vehicles are then photographed from several angles showing the tag number, the vehicle and the driver. There are a number of vendors "vho supply this system and each works essentially in the same fashion. The vendor collects the photographic evidence of the infractions and then sends the photographs to the local police department. A police officer is then required to review the photographs and make a determination if in fact a violation occurred. The police department then returns the photos to the vendor with a determination of violation for each occurrence. The vendor then sends out a notice to the registered owner of the vehicle S:\BULLETlN\FORMS\AGENDA ]TEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM demanding payment of a pre-determined fine. The transfer of photos from the cameras to the vendor and then to the police department is accomplished via the use of a secured web site set up by the vendor The vendor takes a portion of the fine as payment for the installation and maintenance of the system and then gi\'es the city the remainder (Exhibit "F.' in the attached sample contract shows a typical fCL' schedule ). The Florida legislature has yet to adopt any legislation relating to red light camera enforcement programs. Consequently, a program of this nature will derive its authorization from F.S.S. 316.()()~ which grants municipalities the authority to regulate and monitor traffic by means of police officers and security devices. The attorney general has opined that a city may not issue traffic citations under the state statutes to drivers for violations observed by the use of unmanned cameras and not otherwise observed by police officers. However, the attorney general confirms the authority of a city to enact an ordinance making the failure to stop at a red light a violation of a cit;/s code of ordinances and to utilize a red light camera system to monitor intersections and photograph violations. The passage of this ordinance \vill facilitate the use of a red light camera system at select intersections within the city of Boynton Beach. PROGRAM IMPACT: Detection of red light violations at select intersections resulting in the imposi tlOn of fines to be collected by the city. FISCAL IMPACT: There is no cost to the city for the operation of the system with the exception of officer manpower utilized to review and verify the detected red light violations. AL TERNA TIVES: Not to utilize the red light camera system and continue traffic enforcement through officer contact with violators. f l' ~0?~~ I I~ '?)1{/ / ;"' . ead's Signature City Manager's Sjgnatu~ ! Assistant to City Manager ~ Department Name City Attorney;' Finance S,B! JLLETINIFORMSIAGEN[),\ ITEM REr)l!EST F<JRM [)( l(. 1 ORDINANCE o8-{!34 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, CREATING CHAPTER 14.5 OF THE 4 CODE OF ORDINANCES TO BE CALLED "THE BOYNTON BEACH 5 DANGEROUS INTERSECTION SAFETY ACT"; AND NEW SECTIONS 6 14.5-1 THROUGH 14.5-15 PROVIDING FOR INTENT AND 7 DEFINITIONS; ESTABLISHING AN ENFORCEMENT PROGRAM 8 WITHIN THE CITY; AUTHORIZING THE CITY TO PERMIT AND 9 IMPLEMENT THE USE OF UNMANNED CAMERASIMONITORING 10 DEVICES FOR RED LIGHT INFRACTIONS; PROVIDING 11 ENFORCEMENT PROCEDURES, INCLUDING NOTICE, APPEAL 12 HEARINGS, PENALTIES, IMPOSITION OF ADMINISTRATIVE 13 CHARGES AND COLLECTION; PROVIDING FOR EXCEPTIONS; 14 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 15 PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, the City of Boynton Beach ("City") is located in a high density traffic area 18 and regularly experiences traffic incidents related to the failure of motorists to obey duly erected 19 traffic control devices, which exposes its citizens to the dangers of personal injury and property 20 damage; and 21 WHEREAS, the City Commission is concerned with the inability to sufficiently enforce 22 the state statute prohibiting running of red lights, due mainly to the requirement that enforcement 23 of the state statute requires the personal observation of police officers, affecting the ability to 24 effectively reduce the significant dangers presented to motorists and pedestrians by the failure to 25 stop for a red light; and, 26 WHEREAS, the use of unmanned cameras to enforce toll violations on the state's toll 27 roads has been determined to be fair, reasonable and sufficient by the State of Florida in order to 28 effectively enforce laws regulating the payment of tolls without the need to commit the extreme 29 -amOlLf1t of personnel that ''''auld be necessary without the use of UllillanIled carl1cras; and, Page 1 of 11 1 WHEREAS. similarly. the use of unmanned cameras will be effecti\e in enforcm~ ::':1\\5 ") requiring vehicles to stop for red lights; therefore freeing City police personnel to respond tn other , , and sometimes more, significant incidents as well as serious crime; and. _1 4 WHEREAS, local governments in different parts of the state and country have 5 demonstrated the enhancement of vehicular and pedestrian traffic safety attributable to the 6 integration of automated image capture technologies with traditional traffic la\\ enforcement 7 methodology; and 8 WHEREAS, S 316.008. Florida Statutes. grants municipalities, with respect to streets and 9 highways under their jurisdiction and within the reasonable exercise of police power. authority to 10 regulate and monitor traffic by means of police officers and security devices: and 11 WHEREAS, the City of Boynton Beach has home rule authority pursuant to Article VII. 12 Section 2 of the Florida Constitution and Chapter 166, Florida Statutes. to enact an ordinance 13 making the failure to stop for a red light indication a violation of the City' s Code of Ordinances. 14 and to provide for enforcement of such violations of the City.s Code of Ordinances through the 15 use of Special Magistrates; and. 16 WHEREAS, Attorney General Opinion 05-41. dated July 12. 2005. confim1s the 17 authority of a City to enact an ordinance making the failure to stop at a red light indication a 18 violation of a City's Code of Ordinances. to use unmanned cameras to monitor intersectiom for 19 such violations of the Cit(s Code. and to record the license tag numbers of vehicles invohi.:d in 20 such violations; and, 21 II WHEREAS, the Attorney General has opined that a City may not issue traffic citations ")") under the State Statutes to drivers for violations observed bv the use of unmanned cameras and "), not otherwise observed by police officers: and. --' Page 2 of 11 I I I I i 1 WHEREAS, in order to be consistent with state law and the Attorney General's Opinion, 2 the City will issue City Notices of Violations to registered owners of vehicles, will not utilize the 3 uniform traffic citation prescribed by Chapter 316, and will not prosecute offenses of its City 4 ordinance through county court, but rather through the City's enforcement program; and, 5 WHEREAS, the City Commission finds it to be fair and reasonable to use the same 6 procedure used by the state to enforce toll violations through unmanned cameras, and to provide 7 alleged violators with the opportunity to have a hearing within the City using the City's code 8 enforcement procedures adopted pursuant to Chapter 162, Florida Statutes, and set forth in 9 Chapter 2, Article V, of the City's Code of Ordinances; and, 10 WHEREAS, the City Commission of the City of Boynton Beach finds that 11 implementation of the enforcement program as set forth herein will promote, protect and improve 12 the health, safety and welfare of its citizens, consistent with the authority of and limitations on the 13 City pursuant to the Florida Constitution and Florida statutes; now, therefore 14 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 15 BEACH, FLORIDA: 16 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 17 being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. 18 Section 2. Chapter 14.5 of the Code of Ordinances of the City of Boynton Beach, 19 entitled Boynton Beach Dangerous Intersection Safety Act, shall be created to read as follows: 20 Chapter 14.5: Bovnton Beach Dangerous Intersection Safety Act. 21 22 ~ 14.5-1 Intent. 23 24 The purpose of this Act is to authorize the use of a unmanned cameras/monitoring system 25 to promote compliance with red light signal directives as proscribed by this Act, and to adopt a 26 civil enforcement system for red light signal violations. This Act will also supplement law Page 3 of 11 1 enforcement personnel in the enforcement of red liQ.ht sig:nal violations and shall not prohlbl1l<m '1 enforcement officers from issuing a citation for a red light sig:nal violation in accordapcc \\l1h - " normal statutory traffic enforcement techniques. .J 4 5 ~ 14.5-2 Use of lmag:e Capture Technologies. 6 7 The Citv shall utilize image capture technologies as a supplemental means of monitoring: 8 compliance with laws related to traffic control signals, while assisting law enforcement personnel 9 in the enforcement of such laws, which are designed to protect and improve public health. safety 10 and welfare. This Section shall not supersede. infring:e. curtail or impinge upon state laws related 11 to red light signal violations or conflict with such laws. The City shall utilize image capture 12 technologies as an ancillary deterrent to traffic control signal violations and to thereby reduce 13 accidents and iniuries associated with such violations. Notices of Infractions issued pursuant to 14 this Act shall be addressed using: the Citv's own Special Magistrates and not uniform traffic 15 citations or county courts. 16 17 S14.5-3 Definitions. 18 19 The following definitions shall apply to this Act: 20 21 J.ill Intersection shall mean the area embraced within the prolongation or connection 22 ofthe lateral curb line: or, if none. then the lateral boundary lines. ofthe roadwavs 23 of two roads which ioin or intersect one another at, or approximately at. right 24 angles: or the area within which vehicles traveling upon different roads joining at 25 any other angle may come in conflict. 26 27 (b) 1\10for vehicle shall mean anv self-propelled vehicle not operated upon rails or 28 guidewav. but not including any bicvcle. motorized scooter. electric personal 29 assisted mobility device. or moped. 30 31 1.0 Notice oOnfracfion shall mean a citation issued for a red zone infraction. "''l J_ "" @ OwnedJ 'ehicle Owner shall mean the person or entity identified bv the Florida J.J 34 Department of Motor Vehicles, or other state vehicle registration office. as the 35 registered owner of a vehicle. Such term shall also mean a lessee of a motor 36 vehicle pursuant to a lease of six months or more. 37 38 W- Recorded Imazes shall mean images recorded by a tratlic control siQ:nal 39 monitoring svstem/device: 40 41 I. 1. On: 4'1 Tyvo or more photoQranhs. or 43 Two or more electronic images; or 44 Two or more digital images. or 45 Digital or Video movies: or I I Page 4 of 11 II I I 1 Any other medium that can display a violation ; and 2 3 2. Showing the rear of a motor vehicle and on at least one image, clearly 4 identifying the license plate number of the vehicle. S 6 ill Red Zone Infraction shall mean a traffic offense whereby a traffic control signal 7 monitoring system established that a vehicle entered an intersection controlled by 8 a duly erected traffic control device at a time when the traffic control signal for 9 such vehicle's direction oftravel was emitting a steady red signal. 10 11 {g} Soecial Mm:dstrate shall mean the City's Special Magistrates appointed by the City 12 Commission to conduct appeals hearings pursuant to the Act. 13 14 ih2 Tra(fic Control Signal shall mean a device exhibiting different colored lights or 15 colored lighted arrows. successively one at a time or in combination. using only 16 the colors green, vellow, and red which indicate and apply to drivers of motor 17 vehicles as provided in Florida Statutes 9 316.075. 18 19 ill Traffic Control Signal Monitoring System/Device shall mean an electronic system 20 consisting of one or more vehicle sensors, working in conjunction with a traffic 21 control signal, still camera and video recording device, to capture and produce 22 recorded images of motor vehicles entering an intersection against a steady red 23 light signal indication. 24 25 ~ 14.5-4 Adherence to Red Light Traffic Control Signals. 26 27 Motor vehicle traffic facing a traffic control signal's steady red light indication shall stop 28 before entering the crosswalk on the near side of an intersection or , if none, then before entering 29 the intersection and shall remain standing until a green indication is shown on the traffic control 30 signal; however, the driver of a vehicle which is stopped at a clearly marked stop line. but if none, 31 before entering the crosswalk on the near side of the intersection or, if none, then at the point 32 nearest the intersecting roadway where the driver has a view of approaching traffic on the 33 intersecting roadway before entering the intersection in obedience of a steady red traffic control 34 signal, may make a right turn (unless such turn is otherwise prohibited by posted sign or other 35 traffic control device but shall ield ri ht-of-wa to edestrians and other traffic roceedin as 36 directed by the traffic control signal at the intersection. 37 38 ~14.5-5 Violation. 39 40 41 42 43 44 ~ 14.5-6 Sixty (60) day notice; introductory period. 45 Page 5 of 11 1 F or the first sixty ( 60) davs after the initial camera becomes operational undel:J!2J_? ., Ordinance. unless the driver of a vehicle received a citation from a police otTicer at the timegL~ ~ 3 Red Zone Infraction in accordance with normal traffic enforcement techniques. the vehicle g~~ll~ 4 shall receive a courtesy notice of the violation. Commencing sixtv (60) davs after the initial 5 camera becomes operationaL the vehicle owner is subiect to the enforcement proYISLQIl as 6 provided herein. 7 8 ~14.5-7 Review of Recorded Images. 9 10 ill The owner of the vehicle which is observed bv Recorded Imafles committinQ a 1 I Red Zone Infraction. shall be issued a Notice ofInfraction. The Recorded Ima2e 12 shall be sufficient grounds to issue a Citv Notice of Infraction. 13 14 ilil The City shall designate a Traffic Control Infraction Review Officer, who shall 15 meet the qualifications set forth in ~316.640(5)(A), Florida Statutes. or any other 16 relevant statute. The Traffic Control Infraction Review Officer shall review 17 Recorded Images prior to the issuance of a Notice of Violation/Infraction to 18 ensure accuracv and the integritv of the Recorded Images. The Traffic Control 19 Infraction Officer shall also verin' that the Traffic Control Monitoring, 20 System/Devices which captured the Recorded Images was functioning properlv at 21 the time the Recorded Images were captured. Once the Traffic Control Infraction 22 Review Officer has verified the accuracy of the Recorded Images and .," functionality of the Traffic Control Monitoring Svstem/Devices. he or she shall ~:> 24 complete a report. and a Notice of Violation/Infraction shall be sent to the Vehicle 25 Owner at the address on record with the Florida Department of Hi2hwav Safety 26 and Motor Vehicles. 27 28 S 14.5-8 Notice of Violation/Infraction. 29 30 The Notice of Violation/Infraction shall include: 31 ill The name and address of the vehicle owner: "; ilil The license plate number and re2istration number of the vehicle: :>- "" W The make. modeL and year of the vehicle: :>:> 34 @ Notice that the violation charged is pursuant to this Act: " - W The location of the intersection where the violation occurred: -)) 36 ill The date and time of the red zone infraction: 37 W Notice that the Recorded Ima2es relating to the vehicle and a statement that the 38 recorded images are evidence of a red zone infraction: Page 6 of 11 II [ , ! I I ! i I i I 1 ilil The civil penalty imposed; 2 i) Images depicting violation: 3 ill The procedures for payment of the civil penalty and contesting the notice of 4 infraction; 5 lli1 A signed statement by the Traffic Control Infraction Officer that, based on 6 inspection of recorded images, the vehicle was involved in a Red Zone Infraction; 7 ill Information advising the person alleged to be liable under this Section, the manner 8 and time in which liability as alleged in the Notice ofInfraction may be appealed 9 and warning that failure to pay the civil penalty or to contest liability in a timely 10 manner is an admission of liability. 11 12 ~ 14.5-9 Vehicle Owner Responsibilities. 13 14 A Vehicle Owner receiving a Notice ofInfraction may, within twenty one (21) days of the 15 date of the Notice of Infraction: 16 17 fill Pay the assessed civil penalty pursuant to instructions on the notice of infraction; 18 or 19 D2l Request an appeal pursuant with procedures as outlined in this Act; 20 21 The failure to comply with the provisions ofthis Section within twenty one (21 ) days from 22 the date of the Notice ofInfraction shall constitute a waiver of the right to contest the Notice of 23 Infraction and will be considered an admission. 24 25 ~14.5-10 Appeal to Special Magistrate. 26 27 (a) The City Commission shall appoint at least one (1) Special Magistrate to 28 consider appeals under this Chapter. 29 30 (b) The Special Magistrates are authorized to consider appeals under this 31 Chapter within twenty one (21 ) days of the date of the Notice of Infraction. the Vehicle 32 Owner may file an appeal with the City pursuant to the directions in the Notice of 33 Infraction. A hearing on the appeal shall be scheduled for all appeals except those in 34 which the Vehicle Owner submits an affidavit pursuant to ~ 14.5.11 in which the Vehicle 35 Owner affirms under penalty of perjury that the vehicle was not under his or her care, 36 custody or control, or that of someone with Vehicle Owner's consent. 37 38 . . (c) Upon receipt of the appeal, the City shall schedule a hearing before the 39 Special Magistrate to occur not later than sixty (60) days after City's receipt ofthe appeal. 40 Notice of Hearing shall be provided to the Vehicle Owner no less than ten (0) davs prior Page 7 of 11 1 to the hearing. and shall be provided bv certified and C.S. mail to Jhe same adQ[t:~~tu 'i \vhich the Notice of Infraction was sent. - " _1 4 @ The following. shall be permissible grounds for an appeal.; 5 6 ill At the time of the infraction, the vehicle was not under the care. 7 custodv" or control of the Vehicle Owner or an individual with 8 Vehicle Owner" s consent. established pursuant to affidavit as 9 provided in S 14.5-11 ~ 10 11 ilil The motor vehicle driver was issued a citation bv a lavv 12 enforcement officer. which was separate and distinct from the 13 citation issued under this Section. for violating the steadv red 14 traffic control sirrnaL 15 ( iii ) The motor vehicle driver was required to violate the steady red 16 traffic control signal in order to comply with other governing laws: 17 iliJ The motor vehicle driver was required to violate the steadv red 18 traffic control signal in order to reasonably protect the property or 19 person of another: 20 f.:Yl The steady red traffi c control signal was inoperable or 21 malfunctioninfl~ or 22 LW Any other reason the Special Mag:istrate deems appropriate. 23 24 ')~ ill The Traffic Control Infraction Review Officer shall testify at the appeal. .:..) 26 Then. the Vehicle Owner may present testimony and evidence. 27 28 ill Recorded Images indicating a Red Zone Infraction. verified by the Traffic 29 Control Infraction Review Officer. are admissible in any proceeding before the Citv. s 30 Special Magistrate to enforce the provisions of this Chapter. and shall constitute prima 31 facie evidence of the violation. ,,') j~ "" {g} Unless an affidavit is provided pursuant to ~ 14.5-11. it is presumed the .:U 34 person reg:istered as the vehicle owner with the Florida Department of Motor Vehicles or ,,~ any other state vehicle registration office, or an individual having: the owner's consent. .)) 36 was operating the vehicle at the time of a Red Zone Infraction. 37 38 II ~14.5-11 Vehicle Owner Affidavit of Non-responsibilitv. ~9 40 In order to for the Vehicle Owner to establish that the motor vehicle was at the time of the 41 ed Zone Infraction. in the care. custody" or control of another erson without the consent of the 42 eaistered owner. the Vehicle Owner is re uired. within twentv one 21 davs from the date listed Page 8 of 11 i I t II II Ii 1 on the Notice ofInfraction, to furnish to the City, an affidavit setting forth the circumstances 2 demonstrating that the motor vehicle was not in the Vehicle Owner's care custody or control, or 3 that of a person with Vehicle Owner's consent. The affidavit must be executed in the presence of 4 a notary, and include: 5 6 (ill Ifknown to the Vehicle Owner, the name. address. and the driver license number 7 of the person who leased, rented or otherwise had care, custody. or control of the 8 motor vehicle at the time of the alleged Red Zone Infraction: or 9 10 ili} If the vehicle was stolen, the police report indicating the vehicle was stolen at the 11 time of the alleged Red Zone Infraction. 12 W The following language immediately above the signature line: "Under penalties 13 of periury. I declare that I have read the foregoing affidavit and that the facts 14 stated in it are true." 15 16 Upon receipt of an affidavit pursuant to this section, any prosecution of the Notice of Infraction 17 issued to the vehicle owner shall be terminated. 18 19 ~ 14.5-12 Penalties. 20 21 A violation of this Act shall be deemed a non-criminal, non-moving violation for which a 22 civil penalty in the amount of $ 125.00 shall be assessed. As the violation relates to this Act and 23 not the State Statutes. no points as provided in ~ 322.27, Florida Statutes, shall be recorded on the 24 driving record of the vehicle owner or responsible party. 25 26 ~ 14.5-13 Administrative Charges. 27 28 In addition to the assessment pursuant to ~ 14.5-12 herein, administrative charges may be 29 assessed in the event of an appeal or the necessitv to institute collection procedures. 30 31 ~14.5-14 Collection of Fines. 32 33 The City may establish procedures for the collection of a penalty imposed herein, and may 34 enforce such penalty by civil action in the nature of debt. 35 ~14.5-15 Exceptions. 36 This Act shall not apply to Red Zone Infractions involving vehicle collisions or to 37 any authorized emergency vehicle responding to a bona fide emergency: nor shall a Notice 38 ofInfraction be issued in any case where the operator of the vehicle was issued a citation 39 for violating the state statute regarding the failure to stop at a red light indication. 40 Page 9 of 11 1 Section 3. Severability. Ifany section. sentence. clause. or phrase of this Ordinal1,xi~ '! held to be invalid or unconstitutional by any court of competent jurisdiction. then said holding 3 shall in no way affect the validity of the remaining portions of this Ordinance 4 Section 4. Inclusion in Code. It is the intention of the City Commission of the Cil\ of 5 Boynton Beach. Florida. that the provisions ofthis Ordinance shall become and be made a part of 6 the City of Boynton Beach Code of Ordinances: and that the sections of this ordinance ma\ be 7 renumbered or relettered and the word "ordinance" may be changed to "section." "article," or such 8 other appropriate word or phrase in order to accomplish such intentions. 9 [REMAINDER OF PAGE INTENTlONALL Y BLANK] I II I Page 10 of 11 I I ! I I i I 1 Section 5. Effective Date. This Ordinance shall become effective upon adoption by the 2 City Commission. ", 11 (' (7)/ ;: ( 1 - , 2008. 3 FIRST READING this :XA/,(J day of 4 SECOND, FINAL READING AND PASSAGE this _ day of ,2008. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Woodrow L. Hay 20 21 22 Commissioner - Marlene Ross 23 ATTEST: 24 25 26 Janet M. Prainito, CMC 27 City Clerk 28 29 Page 11 of 11 SAMPLE VENDOi<. '.;ONTRAC'l AGREEMENT BETWEEN THE CITY OF BOY~TON BEACH AND_AMERICAN TRAFFIC SOLUTIONS FOR TRAFFIC SAFETY CAMERA PROGR/\M This Agreement (this "Agreement") is made as of this _ day of August. 2008 by and between American Traffic Solutions, LLC., a Delaware Corporation, licensed to do business in Florida, with offices at 7681 E Gray Road, Scottsdale, Arizona 85254 ("Vendor"), and The City (1:' Boynton Beach, a Florida municipal corporation, with an address at 100 E Boynton Beach Boulevard, Boynton Beach, Florida (the "City..) RECIT ALS WHEREAS, Vendor has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and Notice of Infraction processes related to the digital photo red light enforcement systems provided by Vendor pursuant to this Agreement; and WHEREAS, the City Commission of the City adopted Ordinance . which authorizes the City's Traffic Safety Camera Program (TSCP) and provides for the implementation and operation of such; and, WHEREAS, theCity desires to engage the services of Vendor to provide certain equipment processes and back office services so that Authorized Employees of the City are able to monitor. identify and enforce red light running Infractions; NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1.0 Definitions. All definitions set forth in Ordinance are incorporated herein. In addition. the following words and phrases shall have the following meanings in this Agreement: 1.1. "Authorized Employee" means the Traffic Control Infraction Revie\\l Officer. \\Those duties and qualifications are set f01ih in the City Ordinance. 1.2. "Authorized Infraction" means each Potential Infraction in the Infraction Data for which authorization to issue a Notice of Infraction in the fon11 of an Electronic Signature ic; given by the Authorized Employee by using the Vendor System. 1.3. "City Ordinance" means Ordinance, as may be amended from time to time. 1.4. "Civil F~~" means the fee assessed for violations of the City Ordinance, as set forth in the Ordinance. Page 1 of 30 1.5. "Confidential or Private Information" means, with respect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with such Person's business or methods of operation or concerning any of such Person's suppliers, licensors, licensees, City's or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but not limited to: 1.5.1. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or City's, or at which such Person sells or has sold its services; and 1.5.2. Matters of a technical nature, including but not limited to product information, trade secrets, know-how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term "trade secrets" shall mean the broadest and most inclusive interpretation of trade secrets. 1.5.3. Notwithstanding the foregoing, Confidential Information will not include information that: (i) is a public record, and not otherwise exempt, pursuant to Florida law; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (iii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iv) was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, (v) was required by a court of competent jurisdiction to be described, or (vi) was required by applicable state law to be described. 1.6. "Designated Intersection" means the Intersections, as that term is defined in the City Ordinance, set forth on Exhibit "A" attached hereto, and such additional Intersections, as Vendor and the City shall mutually agree from time to time through the parties' Project Managers. 1.7. "Electronic Signature" means the method through which the Authorized Employee indicates his or her approval of the issuance of a Notice of Infraction in respect of a potential Infraction using the Vendor System. 1.8. "Enforcement Documentation" means the necessary and appropriate documentation related to the enforcement of Red Zone Infractions, as defined in the City Ordinance, including but not limited to warning letters, Notices ofInfraction (using the specifications of the hearing officer ( also known as code enforcement Special Master) and the City, a Page 2 of 30 numbering sequence for use on all notices (111 accordance with applicable state statUTc" and the City's Ordinance). instructions to accompany each issued Notice of Infractll)!' (including in such instructions a description of basic enforcement procedures. paymen' options and infonnation regarding the viev..-ing of images and data collected h~ !II, Vendor System), chain of custody records, criteria regarding operational poliCIes III' processing Notices of Infraction (including v/ith respect to coordinating with 1 applicable vehicle registry), and technical support documentation for applicable hearln~ officers _ 1.9. "Equipment" means any and all cameras, sensors, equipment, components, products. software and other tangible and intangible property relating to the Vendor Photo Red Light System(s), including but not limited to all camera systems, housings. sensor arrays. severs and poles. 1.10. "Governmental Authority" means any domestic or foreign government, governmentai authority, court, tribunal, agency or other regulatory, administrative or judicial agenc::. commission or organization, and any subdivision, branch or department of any of the foregoing. 1.11. "Infraction" means any Infraction of the City's Ordinance. 1.12. "Infractions Data" means the images and other Infractions data gathered by the Vendor System at the Designated Intersection. 1.13. "Installation Date of the TSCP" means the date on which Vendor completes the construction and installation of at least one ( 1) Intersection in accordance with the terms of this Agreement so that such Intersection is operational for the purposes of functioning with the TSCP. 1.14. "Intellectual Property" means, with respect to any Person, any and all nmv known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask. works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights. (d) patents, designs, algorithms and other industJial property rights, (e) all other intellectual and industrial property rights (of every kind and nature), whether arising by operation oj law, contract, license, or otherwise, and (f) all registrations, initial applications, rene\vals. extensions, continuations, divisions or reissues hereof now or hereafter in forc\..' (including any rights in any of the foregoing), of such Person. consistent with th\:' definition of such tem1S in Florida Statutes. 1.15. "Notice of Infraction" shall mean the Notice of an Infraction, which is mailed or otherwise delivered by Vendor to the alleged violator on the appropriate Enforcement Documentation in respect of each Authorized Infraction pursuant to the requirements ot the City Ordinance. 1.16. "Operational Period" means the period of time during the Term, commencing on the Installation Date, during which the TSCP IS functional 111 order to pem1it the Page 3 of 30 identification and the issuance of Notices of Infraction for approved Infractions using the Vendor System. 1.17. "Ordinance" shall mean City of Boynton Beach Ordinance, as may be amended from time to time. 1.18. "Person" means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association. 1.19. "Project Manager" means the project manager appointed by the City in accordance with this Agreement, which shall be the City Manager, or his designee and shall be responsible, on behalf of City, for overseeing the installation at the Designated Intersections and the implementation of the TSCP, and which manager shall have the power and authority to make management decisions relating to the City's obligations pursuant to this Agreement, including but not limited to change order authorizations, subject to any limitations set forth in the City's Charter or Ordinance or by the City Commission. 1.20. "Potential Infraction" means, with respect to any motor vehicle passing through a Designated Intersection, the data collected by the Vendor System with respect to such motor vehicle, which data shall be processed by the Vendor System for the purposes of allowing the Authorized Employee to review such data and determine whether a Red Zone Infraction has occurred. 1.21. "Proprietary Property" means, with respect to any Person, any written or tangible property owned or used by such Person in connection with such Person's business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices. 1.22. "Vendor Marks" means all trademarks registered in the name of Vendor or any of its affiliates, such other trademarks as are used by Vendor or any of its affiliates on or in relation to TSCP at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Vendor, and all modifications or adaptations of any of the foregoing. 1.23. "Vendor Proiect Manager" means the project manager appointed by Vendor in accordance with this Agreement, which project manager shall initially be named by the Vendor within 14 days of the execution of this Agreement or such person as Vendor shall designate by providing written notice thereof to the City from time to time, who shall be responsible for overseemg the construction and installation of the Designated Intersections and the implementation the TSCP, and who shall have the power and Page 4 of 30 authority to make management deci sions relating to Vendor's ab ligations pursuant I (l till' .''\greement. including but not limited to change-order authorizations. 1.24. "Traffic Safety Camera Program" means, collectively, the TSCP provided by Vendar and all of the other equipment, applications. back office processes and digital red light trafj~ I, enforcement cameras, sensors, components. products, software and other tangible and intangible property relating thereto. 1.25. "Traffic Safety Camera Program" means the process bv which the monitonng. identification and enforcement ofInfractions of the Red Zone Infractions is facilitated b\ the use of certain equipment, applications and back office processes of Vendor, including but not limited to cameras, flashes, central processing units, signal controller interface~ and sensor arrays which, collectively, are capable of identifying Infractions and recording such Infraction data in the form of photographic images of motor vehicles. 1.26. "Photo Red Light Infraction Criteria" means the standards and criteria by which Potential Infractions will be evaluated by Authorized Employees of the City, which standards and criteria shall include, but are not limited to, the definition of a Red Zone Infraction set forth in the City Ordinance. relying upon the duration of time that a traffic light must remain red prior to a Infraction being deemed to have occUlTed, and the location(s) in an intersection which a motor vehicle must pass during a red light signal prior to being deemed to have committed a Infraction, all of which shall be in compliance \vith all applicable laws, rules and regulations of Governmental Authorities. 1.27. "Traffic Signal Controller Boxes" means the signal controller interface and detector. including but not limited to the radar or video loop, as the case may be. 1.28. "Waming Period" means the period of thirty (30) days after the Installation Date of thl' first intersection approach, as set by the Ordinance. 2.0 Term. The tem1 of this Agreement shall commence as of the Jate hereof and shall continue for a period of five (5) years after the date of the first paid notice from the first installed System (the "Initial Tem1"). The City shall have the right, but not the obligation, to extend the tem1 of this Agreement for up to two (2) additional, five (5) year periods following the expiration of the Initial Tem1 (each, a "Renewal Tem1" and collectively with the lnitial Tenn, the Wrenn"). The City may exercise the right to extend the tenn of this Agreement for a Renewal Term by providing written notice to Vendor not less than sixty (60) days prior to the last day of the Initial Te1111 or the Renewal Terrn. as the case may be. 3.0 Services. Vendor shall provide the TSCP to the City, in each case in accordance \v1th the tem1S and provisions of the Ordinance. 3.1. Installation. With respect to the construction and installation of the Designated Intersection and the installation oiihe Vendor System at such Designated Intersection: the City and Vendor shall have the respective rights and obligations set forth on Exhibit "B.' attached hereto. Page 5 of 30 3.2. Maintenance. With respect to the maintenance of the Vendor System at the Designated Intersections, the City and Vendor shall have the respective rights and obligations set forth on Exhibit "C "attached hereto. 3.3. Infraction Processing. During the Operational Period, Infractions shall be processed as set forth on Exhibit" D", attached hereto. 3.4. Prosecution. The City shall prosecute Ordinance violations in respect thereof pursuant to the terms, procedures and requirements of the City Ordinance, subject to City's routine law enforcement discretion. 3.5. Other Rights and Obligations. During the Term, in addition to all of the other rights and obligations set forth in this Agreement, Vendor and the City shall have the respective rights and obligations set forth on Exhibit "E" attached hereto. 3.6. Change Orders. The City may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Vendor, setting forth in reasonable detail the proposed changes (a "Change Order Notice"). Upon Vendor's receipt of a Change Order Notice, Vendor shall deliver a written statement describing the effect, if any, the proposed changes would have on the terms set forth in Exhibit" E " (the "Change Order Proposal"), which Change Order Proposal shall include (i) a detailed breakdown of the charge and schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the City. Following the City's receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes. Any failure of the parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement, and any disagreement shall be resolved in accordance with Section 16.0. 4.0 License; Reservation of Rights. 4.1. License. Subject to the terms and conditions of this Agreement, Vendor hereby grants the City, and the City hereby accepts from Vendor upon the terms and conditions herein specified, a non-exclusive, non-transferable license during the Term of this Agreement to: (a) solely within the City, access and use the Vendor System for the sole purpose of reviewing Potential Infractions and authorizing the issuance of Notices of Infraction pursuant to the terms of this Agreement, and to print copies of any content posted on the Vendor System in connection therewith, (b) disclose to the public (including outside of the City) that Vendor is providing services to the City in connection with TSCP pursuant to the tenus of this Agreement, and (c) use and display the Vendor Marks on or in marketing, public awareness or education, or other publications or materials relating to the TSCP, so long as any and all such publications or materials are approved in advance by Vendor. Page 6 of 30 4.2. Reservation of Rights. The City hereby acknowledges and agrees that: (a) VendOl :; the sole and exclusive o\vner of the Vendor System, the Vendor Marks. all ]nte]Jectllai Propel1y arising from or relating to the Vendor System. and an\' and all I'c'latcd Equipment provided under this Agreement. (b) the City neither has nor makes any l'i:11111 to any right, title or interest in any of the foregoing, except as specifically granted (\ authorized under this Agreement. and (c) bv reason of the exercise of anv such rik;hb \." 0...- _ - "- interests of City pursuant to this Agreement. the City shall gain no additional right. lit j, or interest therein. 4.3. Restricted Use. The City hereby covenants and agrees that it shall not (a) make a11\ modifications to the Vendor System, including but not limited to any Equipment. (b) alter. remove or tamper with any Vendor Marks, (c) use any of the Vendor Marks in any \\<1\ which might prejudice their distinctiveness, validity or the goodwill of Vendor therein. (d) use any trademarks or other marks other than the Vendor Marks in connection with the City's use of the Vendor System pursuant to the terms of this Agreement without first obtaining the prior consent of Vendor, or (e) disassemble. de-compile or otherwise perform any type of reverse engineering to the Vendor System, the Vendor System including but not limited to any Equipment, or to any, Intellectual Property or Proprictan Property of Vendor, or cause any other Person to do any of the foregoing. 4.4. Protection of Rights. Vendor shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Propert) of Vendor, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Vendor Marks, the filing of patent application for any of the Intellectual Property of Vendor, and making any other applications or filings with appropriate Governmenta] Authorities. The City sha]1 not take any action to remedy m prevent such protective activities, and shall not in its O\\ln name make any registrations 01 filings with respect to any of the Vendor Marks or the Intellectual Property of Vendor without the prior written consent of Vendor. 4.5. Infringement. The City shall use its reasonable best effOlis to give Vendor prompt notice of any activities or threatened activities of any Person of which it becomes a\varc that infringes or violates the Vendor Marks or any of Vendor's Intellectua] Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Vendor Marks or any other Intellectual Property ot Vendor. Vendor shall have the exclusive right, but not the obligation, to take action tll enforce such rights and to make settlements with respect thereto. 4.6. Infrin~ing Use. The City shall give Vendor prompt written notice of any action or claim action or claim, whether threatened or pending, against the City alleging that the Venuor Marks, or any other Intellectual Property of Vendor, infringes ar violates ally patent, trademark, copyright trade secret or other Intellectua] Property of any other Person, and the City shall render to Vendor such reasonable cooperation and assistance as is reasonably requested by Vendor in the defense thereof; provided, that Vendor sha! 1 reimburse the City for any reasonable costs, including without limitation attorneys fees and court costs, as well as City staff costs. incurred in providing such cooperation and aSSIstance. If such a claim is made and Vendar detem1ines in the exercise of its sole Page 7 of 30 discretion, or a court or administrative proceeding of competent jurisdiction determines, that an infringement may exist, Vendor shall have the right, but not the obligation, to procure for the City the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non-infringing items, all at no cost to the City. In addition, in such event, the City has the right, but not the obligation, to terminate this Agreement pursuant to paragraph 6.1. 5.0 Representations and Warranties. 5.1.Vendor Representations and Warranties. 5.1.1. Authority. Vendor hereby warrants and represents that: 5.1.1.1. it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder; and, 5.1.1.2. to the extent legally required, Vendor has all ownership rights, licenses, or other required authority to use the software and hardware it installs to perform the services under this Agreement. 5.1.2. Professional Services. Vendor hereby warrants and represents that any and all services provided by Vendor pursuant to this Agreement shall be performed in a professional and workmanlike manner and, with respect to the installation of the Vendor System, subject to applicable law, in compliance with all specifications provided to Vendor by the City. 5.2. City Representations and Warranties. 5.2.1. Authority. The City hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder; provided that Vendor acknowledges that the initial program is premised on being consistent with the requirements and authority of state law, applicable attorney general opinions, and the City's Ordinance, and City cannot and does not warrant the outcome of any judicial or legislative action that may be taken affecting these authorities subsequent to the execution of this Agreement. 5.3. Professional Services. The City hereby warrants and represents that any and all services provided by the City pursuant to this Agreement shall be performed in a professional and workmanlike manner in City's governmental capacity. 6.0 Termination. 6.1. Termination for Cause: Either party shall have the right to terminate this Agreement immediately by written notice to the other if (i) state or federal statutes are amended, or regulations or policies are adopted by agencies with jurisdiction, to prohibit or materially change the operation of TSCP so as to make it reasonably impractical to operate the red light enforcement program, including without limitation changes that Page 8 of 30 '.vould prohibi t the red light enforcement program. or whIch \vould 1I1lPll~,\_ restrictions on revenues and uses that are contrary to the tem1s of this /\greemenL \ I : any court having jurisdiction over City rules. or declares, that the City.s red IH.:I:! enforcement program is invalid or results from the Vendor System of photo red ilg1n enforcement are inadmissible in evidence. or otherwise renders a decision that make> it reasonably impractical to operate the red light enforcement program: (ili i detem1ination by a couli of competent jurisdiction or other applicable clispull resolution forum that Vendor has infringed upon a third party's patent trademark. copyright, trade secret or other intellectual property: (iv) the other party commits all' material breach of any of the provisions of this Agreement: (v) Vendor.s Ill111 payment of revenues to City as required by this Agreement. In the event '1 tem1ination due to this Section. City shall be relieved of an) further obligations i' Vendor other than as specified herein. Either party shall have the right to remedy llh cause for tern1ination within forty-five (45) calendar days (or within such other tlllk period as the City and Vendor shall mutually agree. which agreement shall not h, unreasonably withheld or delayed) after written notice from the non-causmg pan \ setting forth in reasonable detail the events of the cause for termination. The rights to tern1inate this Agreement given in Section ().l shall be without prejudice to any other right or remedy of either party in respect of the breach concemed (if anyl UI any other breach of this Agreement. 6.2 Warning Period. The Ordinance provides for a one time thirty (30) day Warning PerIod. during which time courtesy notices of infractions, with no civil fees, are used. The parties hereto acknowledge that this Waming Period will be used to verify the reliability of the program and the detection of infractions, as well as to monitor anticipated changes in state law on the subject of camera enforcement of red light infractions. The Waming Period shall commence on the date the initial camera and t 6.3 Procedures Upon Termination. This section Cd shall apply to the expiration of this Agreement and to the early tem1ination of the Agreement. The tern1ination of this Agreement shall not relieve either party of any liability that accrued prior to SLlch termination. Except as set forth in this Section 6.3. upon the tern1ination of tIllS Agreement all ofthe provisions ofthis Agreement shall tenninate and: 6.3.1 Vendor shall (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the TSCP, (ii) promptly deliver to the City any and all Proprietary Property of the City provided to Vendor pursuant to this Agreement, (iii) promptly deliver to the City a final repOli to the City regarding the collection of data and the issuance of Notices L)! Infraction in such fom1at and for such periods as the City may reasonably request and which final report Vendor shall update or supplement ii'om time to time when and i I additional data or infom1ation becomes available, (iv) provide City all data pertaining to outstanding Civil Fee payments due and owing to City and potential payments due 1" Vendor, (v) provide City with its proposed schedule for the removal of the Vendor':-, equipment, at no cost to the City, from the City and once such schedule is approved by City Vendor shall remove such pursuant to the schedule: and (vi) provide such assistancl' Page 9 of 30 as the City may reasonably request from time to time in connection with prosecuting and enforcing Notices of Infraction issued prior to the termination of this Agreement. 6.3.2 The City shall (i), except for pending enforcement cases, immediately cease using the TSCP, accessing the Vendor System and using any other Intellectual Property of Vendor, and (ii) promptly deliver to Vendor any and all Proprietary Property of Vendor provided to the City pursuant to this Agreement, other than such equipment installed by Vendor along the roadways for the enforcement program. 6.3.3 Unless the City and Vendor have agreed to enter into a new agreement relating to the TSCP or have agreed to extend the Term of this Agreement, Vendor shall remove any and all Equipment or other materials of Vendor installed in connection with Vendor's performance of its obligations under this Agreement, at no cost to City, including but not limited to housings, poles and camera systems, and Vendor shall restore the Designated Intersections to substantially the same condition such Designated Intersections were in immediately prior to this Agreement, except for foundation removal, which shall be left approximately flush with grade and no exposed rebar, steel or other hazards, at no cost to City pursuant to the schedule agreed upon by the parties in section 6.3.1.. 7.0 Fees to be Paid to Vendor and Payment Processing. 7.]. Vendor shall have the right to receive the compensation set forth on, and pursuant to, Exhibit F attached hereto. 7.2. Vendor shall be responsible for processing payments of the Civil Fees. The Vendor shall provide payment means through mail, telephone and on-line processes. Vendor shall track all payments and handle all applied payments, unapplied payments, overpayments, refunds, adjustments, dismissals and reversals. 7.3. Vendor shall pay City all payments received during a calendar month, no later than the ih day of the next following month. 7.4. Vendor shall invoice the City for all applicable fees according to the fee schedule delineated on Exhibit " F". Along with the invoice, Vendor shall provide infonnation to the City, in a format acceptable to the City, supporting the invoice amounts forwarded by Vendor to the City. In addition, City shall have access to the financial reporting functions of Vendor's system upon City's request. 8.0 Survival. Notwithstanding the foregoing, the parties' obligations shall survive the termination of the Agreement to the extent necessary to fulfill the parties' accrued monetary obligations under this Agreement. 9.0 Confidentiality. During the term of this Agreement and for a period of three (3) years thereafter, neither party shall disclose to any third person, or use for itself in any way for pecuniary gain, any Confidential Infol1nation learned from the other party during the course of the negotiations for this Agreement or during the Term of this Agreement, subject to the obligations and requirements of Florida's public records laws and public meetings law. Upon termination of this Agreement, each party shall return to the other Page 10 of30 all tangible Confidential Info1111ation of such party. Each party shall retain 1Il confidvnl and not disclose to any third party any Confidential 1111' o 1111 ati 011 without the other parI' express \\Tinen consent, except (a) to its employees who arc reasonably required tn ],1\ '. the Confidential Info1111ation. (b) to its agents, representatives, atto111eys and i 1t hel professional advisors that have a need to kno\v such Confidential 1nfo1111ation. pro\lded that such par1ies undertake in writing (or are otherwise bound by rules of professionai conduct) to keep such info1111ation strictly confidential. and (c) pursuant to, and to Ihl extent of. a request or order by any Governmental Authority. including laws relatinu 1, public records. 10.0 Indemnification and Liabilitv. 10.I. Indemnification - Negligence. The Vendor agrees to defend, indemll1f\ and hold harmless the City, its trustees, elected and appointed officers, agents. servants and employees, from and against any and all claims, demands, or causes 0 r action of whatsoever kind or nature, and the resulting losses. costs. expenses. reasonable attomeys' fees, liabilities, damages, orders, judgments, or decrees CLosses"), sustained by the City or any third party arising out of. or by reason of. 01 resulting from the Vendor's negligent acts, enol'S, or omissions, except to the extent such Losses arise from the negligence of the City or City's employees, officers or agents. In the event that a court of competent jurisdiction detennines that the provisions of Sec. 725.06, F.S.. and:' or Sec. 725.08 , F.S., apply to this Agreement then, in such event, Vendor shall defend, indemnify and hold ham1less City and City's officers. employees and agents only to the fullest extent authorized by said cited statutes. 10.2. Indemnification - Infringements. The Vendor shall indemnify City for all loss. damage, expense or liability including. without limitation. court costs and attomeys' fees that may result by reason of any infringement or claim of infringement of an) patent trademark, copyright, trade secret or other proprietary right relating tu services furnished pursuant to this Agreement. The Vendor will defend and/or settle at its own expense, with legal counsel reasonably acceptable to the City, any action brought against the City to the extent that it is based on a claim that products ur services furnished to City by the Vendor pursuant to this Agreement or i [ am portion of the services or goods related to the perf0l111anCe of the service becomc~ unusable as a result of any such infringement or claim. Any infringement or claim that renders any portion of the services to be perforn1ed by this agreement to he unusable, or materially affects the Vendor's Red Light System as functionalh described herein, shall be grounds for a default of this Agreement. 10.3. The parties recognize that various provisions of this AbJreement, including but not necessarily limited to this Section, provide for indemnification to be provided by the Vendor and agree that in the event that the law is construed to require a speci fIC consideration to be given therefore, the pa11ies therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specifIC consideration for such indemnities, and the providing of such indemnities is deemed tel be part of the specifications with respect to the services to be provided by Vendor Page 11 of 30 Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the Vendor's responsibility to indemnify for events occurring during the term of this Agreement for a period of not less than five (5) years after expiration or termination of the Agreement. lOA In the event that a court of competent jurisdiction or the State of Florida, including any of its agencies, orders or requires the City to return any payments made for infractions of the City Ordinance, Vendor shall, at no additional charge, assist City to perform all relevant portions of any such order, decree, judgment, etc., required to be performed by the City including, but not limited to, assisting the City to locate each violator so that any ordered reimbursement may be made. lO.5 Change in State Law. The parties recognize and acknowledge that it has been reported that the Florida Legislature is considering various revisions to State Uniform Traffic Laws which, if enacted, would expressly authorize municipalities to issue traffic infractions through the use of Red Light Cameras without the necessity of using the code enforcement system, Should the Florida Legislature enact any law modifying the Uniform Traffic Laws so as to expressly pennit the TSCP, sections 10.4 and 10.5 shall automatically become void. 10.6 Notice of Claims. If the City or Vendor receives notice of any claim or circumstances which may give rise to an indemnified loss under this Section 10, the receiving party shall give written notice to the other party within ten (10) days of receipt. The notice must include the following: (a) a description of the indemnification event in reasonable detail, (b) the basis on which indemnification may be due, and (c) the anticipated amount of the indemnified loss. This notice does not estop or prevent the City from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. If the City does not provide this notice within the ten (10) day period, it does not waive any right to indemnification except to the extent that Vendor is directly prejudiced, suffers loss, or incurs expense because of the delay. 11.0 Independent Contractor. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the Vendor is an independent contractor under this Agreement and not the City's employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The Vendor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Vendor's activities and responsibilities hereunder provided, further Page 12 of 30 that administrative procedures applicable to services rendered under this Agreement SII~li I he those of Vendor. which policies of Vendor shall not connict 'v\ith ('it). or I III States policies, rules or regulations relating to the use of Vendor's funds provided I, herein. The Vendor agrees that it is a separate and independent enterprise from the (! t that it has full opportunity to find other business. that it has made its OW11 investment 1 its business, and that it \vi11 utilize a high 1e\'e! of skill necessary to perform the work This Agreement shall not be construed as creating any joint employment relationshljl between the Vendor and the City and the City wi]] not be liable for any obligatIon inculTed by Vendor, including but not limited to unpaid minimum wages and/or ove11111lC' premIUms. 12.0 AssiglU11ents; Amendments. This Agreement, or any interest herein, shall not be assigned. trans felTed or otherwise encumbered, under any circumstances, by either paJ1y, including without limitations purchases of controlling interest in Vendor or merger, without the prior written consent of the other party. It is further agreed that no modification, amendment or alteration in the tem1S or conditions contained herein shall be effective unless contained in a written document executed with the same fonnality and of equal dignity herewith. 13.0 No Contingent Fees. Vendor walTants that it has not employed or retained any company 01 person, other than a bona fide employee working solely for the Vendor to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation. individual or fim1, other than a bona fide employee working solely for Vendor any fee. commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or Infraction of this provision, the Cit) shall have the right to terminate the Agreement without liability at its discretion, to <.leducl from the contract price, or otherwise recover the full amount of such fee. commission. percentage, gift or consideration. 14.0 Notices. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with retum receipt requested. addressed to the party for whom it is intended, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice 111 compliance with the provisions of this section. For the present, the VENDOR and the CITY designate the following as the respective places for giving of notice: City: Kurt Bressner, City Manager City of City of Boynton Beach 100 E Boynton Beach Boulevard Boynton Beach, Florida 33425 Phone: (561) 742-6010 Fax: (561) 742-6011 Page 13 of 30 Vendor: American Traffic Solutions, LLC. 7681 E Gray Road Scottsdale, AZ 85254 Attention: Chief Operating Officer 15.0 Audit Rights. Each of parties hereto shall have the right to audit the books and records of the other party hereto (the "Audited Party") solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty-eight (48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non-Audited Party. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non-Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than ten percent (10%) of the amount actually owing, the cost of such audit shall be bome by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non-Audited Party shall promptly refund to the Audited Party the amount of the excess. 16.0 Dispute Resolution. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the "Dispute"), the parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 16.0, and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation. 17.0 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 18.0 Headings. Headings herein are for the convenience of reference only and shall not be considered on any interpretation ofthis Agreement. Page 14 of30 jl). () Exhibits. Each Exhibit refelTed to in th1s /\greement ti:m11s an essential pm1 (o! A.greement. The exhibits shall be treated as p<.u1 of this Agreement and arc incorpor;lkc: herein by reference. 20.0 Waiver. Failure of either party to insist upon strict perfol111ance of any covenant (I: condition of this Agreement, or to execute any right herein contained.. shall not hi construed as a waiver or relinquishment for the future of any such covenant. condition 01 right. but the same shall remain in full force and effect. 21.0 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement an(L accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein due to the joint contributions of both parties. 22.0 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law, except that this provision shall not be deemed to deprive any party of' any legal remedy, including tel111ination. 23.0 Insurance. 23.1. Throughout the tenn of this Agreement. the Vendor agrees to maintain in force at their own expense insurance as fol1ows: 23.1.1. Comprehensive General Liability insurance to cover liability lor bodily injury and prope11y damage. Exposures to be covered are premises. operations, products\completed operations, and contractual Iiabi lilv. Coverage must be written on an occurrence basis, with the fol1owl11g limits ofliability A. Bodily Injury/Prope11y Damage 1. Each OcculTence $1,000,000 I Annual Aggregate $1,000,000 B. Personal Injury 1. Annual Aggregate $1,000,000 23.1.2. Worker's Compensation Insurance shal1 be maintained during the Id'c of this contract to comply with Florida statutory limits for al1 employees. The following limits must be maintained. A. Worker's Compensation Statutory Page 15 of30 B. Employer's Liability $100,000 each accident $500,000 Disease-policy limit $100,000 Disease-employee If Vendor claims to be exempt from this requirement, Vendor shall provide City proof of such exemption along with a written request for City to exempt Vendor, written on Vendor letterhead. 23.1.3. Comprehensive Auto Liability - coverage shall include owned, hired and non-owned vehicles. A. Bodily Injury and Property Damage combined single limit 1. Each Occurrence $1,000,000 2. Annual Aggregate $1,000,000 23.1.4. Professional Liability - $1,000,000. 23.1.5. Vendor shall name the City as an additional insured on each of the policies required herein, with the exception of the Vendor's Worker's Compensation policy and Professional Liability. 23.1.6. Certificates ofInsurance, reflecting evidence of the required insurance, shall be filed with the City's Risk Manager prior to the commencement of this Agreement. These Certificates shall contain a provision that coverage's afforded under these policies will not be canceled or impaired until at least forty five (45) days prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Financial Ratings must not be less than "A-VI." Insurance shall be in force until the obligations required to be fulfilled under the terms of the Contract are satisfied. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this contract, then in that event, the Vendor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension there under is in effect. 23.1.7. Any insurance required of Vendor pursuant to this Agreement must also be required by any sub-contractor of Vendor in the same limits and with all requirements as provided herein, including naming the City as an additional insured, if any work is subcontracted unless such subcontractor is covered by the protection afforded by the Vendor and provided proof of such coverage is provided to City. The Vendor and any sub-contractor of Vendor shall maintain such policies during the term ofthis Agreement. Page 16 of30 24.0 Governing Law. This Agreement shall be governed by the layvs or the State or Fl()rid~l II!! venue lying in Miami-Dade County. Florida. 25.0 Extent of Agreement. This Agreement represents the entire and inteb'Tated agreement between the City and the Vendor and supersedes al1 prior negotiations. representations I l!" agreements, either written or oral. 26.0 Waiver of Jury Trial. In the event of any litigation between the paIiies which in any \Va~ arises out of this Agreement, the parties hereby agree to waive any right to tlial by jury. 27.0 RFP. Vendor agrees to comply with any provisions of the RFP which are not in connie! with this Agreement, and to comply with and honor any wlitten representations. clarifications and exceptions made by Vendor during the RFP process. 28.0 Compliance with Law. Vendor shall comply with all applicable laws in the perfonnance 01 its services hereunder, and represents that it possesses all required licenses and certifications to perfonn the services. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first wlitten above. CITY OF BOYNTON BEACH ATTEST: RY: CITY CLERK KURT BRESSNER, CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY Page 17 of30 VENDOR WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY STATE OF : ss: COUNTY OF ON THIS _ day of , 2008, before me, the undersigned notary public, personally appeared , personally known to me, or who has produced as identification, and is the person who subscribed to the foregoing instrument and who acknowledged that he executed the same on behalf of said Corporation and that he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC Print or Type Name My Commission Expires: Page 18 of 30 EXH IE IT ".A," Designated Intersection Installation of any approach is subject to engineering and video analysis results. Additional approaches will be selected based on collision history, input and recommendations from the City's Police Department, and an engineering feasibility assessment. Vendor shall apply for a pennit within sixty (60) days of the approval of this Agreement by the eit) Commission. Vendor will provide the City with video evaluation of candidate sites using the Axsis VTMS system to assist the City's Police Department in its recommendations. The program may be implemented at additional intersections after the conclusion of the Warning Period. The intersections will be designated by the Police Department, which designation will be based upon Police Department staffreview and an engineering analysis. Page 19 of30 EXHIBIT "B" Construction and Installation Obligations Timeframe for Installation: Traffic Safety Camera Program Vendor will have each specified intersection installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Vendor Traffic Systems and the City Manager. Vendor will use reasonable commercial efforts to install the system in accordance with the schedule set forth III the implementation plan that will be formalized upon proj ect commencement. Vendor will use reasonable commercial efforts to install and activate all specified intersection within forty-five (45) days subsequent to receipt of all permits required by section 1.4 of this Exhibit B. 1. Vendor Obligations. Vendor shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Vendor's sole expense): 1.1. Appoint the Vendor Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Vendor Project Manager; 1.2. Request current "as-built" electronic engineering drawings for the Designated Intersections (the "Drawings") from the County traffic engineer; 1.3. Develop and submit to the City for approval construction and installation specifications in reasonable detail for the Designated Intersection, including but not limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; and lA. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection (collectively, the "Approvals"), which will include compliance with City permit applications. 1.5. Seek rights from private property owners, as necessary for the placement of System Equipment at designated intersections where Governmental Authorities have jurisdiction over the designated intersection and adjacent rights of right of way, and such governmental Entity denies authority to Vendor for the installation of its equipment. 1.6. Finalize the acquisition of the Approvals; 1.7. Submit to the City a public awareness strategy for the City's consideration and approval, which strategy shall include media and educational materials for the City's approval or amendment according to the ATS proposal (the "Awareness Strategy") ; Page 20 of 30 1.:-;. Develop the Red Light Intl.actlOn Criteria in consultation wIth the ('1\\ 1.0. Develop the Enforcement Documentation fl.r approval Iw the CIty. conslstenl with the requirements of the City Ordinance: 1.10. Complete the installation and testing of all necessary Equipment, incl uding hardware and software, at tIle Designated Intersections (under tIle supervision 0 t the City); 1.11. Cause an electrical sub-contractor to complete all reasonably necessary electrical work at the Designated Intersections, including but not limited to the installation of all related Equipment and other detection sensors, poles, cab ling. telecommunications equipment and wiring, which work shall be performed 111 compliance with all applicable local, state and federal laws and regulations; 1.12. Install and test the functionality of the Designated Intersections with the Vendor System and establish fully operational Infraction processing capability with th<.: Vendor System; 1.13. Implement the use ofthe Vendor System at each of the Designated Intersections: 1.14. Deliver the Materials to the City: 1.15. Issue Notices of Infraction, and if the civil penalty is unpaid or the alleged violator requests a hearing, issue Notices of Hearing for Authorized Infractions pursuant to City Ordinance; 1.16. Obtain access to the records data of the Department of Motor Vehicles 111 Vendor's capacity as needed for the program; and, 1.17. Vendor shall provide training for personnel of the City, including, but not limited to, the persons who City shall appoint as Authorized Employees and other persons involved in the administration of the TSCP, regarding the operation of the Vendor System and the TSCP. Thi s shall include training with respect to the Vendor System and its operations, strategies for presenting Infractions Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.18. Interact with court and judicial personnel, including the City's hearing officer to address Issues regarding the implementation of the Vendor System. the: development of a subpoena processing timeline that will pennit the offering of Infractions Data in hearings and judicial proceedings, and coordination between Vendor, the City and the City's Hearing officer; and 1.19. Provide reasonable public relations resources and media materials to the City 111 the event that the City elects to conduct a public launch of the TSCP. 1.20. Notice of Infraction processing and Notice of Infraction re-issuance, as yvell as notice of hearing. Page 2] of 30 2. CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in each case, unless otherwise stated below, at City's sole expense): 2.1.1. Appoint the Project Manager; 2.1.2. Assist Vendor in obtaining the Drawings from the relevant Governmental Authorities; 2.1.3. Notify Vendor of any specific requirements relating to the construction and installation of any Intersection or the implementation of the TSCP; 2.1.4. Assist Vendor in seeking the Approvals 2.1.5. Provide reasonable access to the City's properties and facilities in order to permit Vendor to install and test the functionality of the Designated Intersections and the TSCP; 2.1.6. Provide reasonable access to the personnel of the City and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.1.7. Seek approval or amendment of Awareness Strategy and provide written notice to Vendor with respect to the quantity of media and program materials (the "Materials") that the City will require in order to implement the Awareness Strategy during the period commencing on the date on which Vendor begins the installation of any of the Designated Intersection and ending six (6) months after the Installation Date; 2.1.8. Assist Vendor in developing the Red Light Infraction Criteria; and 2.1.9. Seek approval ofthe Enforcement Documentation. 2.1.10. The City shall, on a form provided by Vendor, provide verification to the State Department of Motor Vehicles, National Law enforcement Telecommunications System, or appropriate authority indicating that Vendor is acting as an Agent of the Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. 9 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law. 2.1.11. If feasible, and only after all necessary approvals have been obtained from utilities and other governmental entities with jurisdiction, City shall allow Vendor to access power from existing power sources at no cost to City and shall allow or facilitate access to traffic signal phase connections to a pull box, pole base, or controller cabinet nearest to each Camera System within the City's jurisdiction. 2.1.12. The Police Department shall process each potential violation in accordance with State Laws and/or City Ordinances within seven (7) business days of its Page 22 of 30 appearance in the Police Revicvv' Oueue. using AxsisTi\! to detelllline \\ 1m! violations will be issued as Citations or Notices of \'iolation or as soon ,i.., reasonably practical in the event of technical difficulties. power outages. or uti);. circumstances beyond the City"s controL or with the consent or approval V endor for extension. 2.1.13. City shall provide access to the intelllet for the purpose of processing violation:, and adjudications. 2.1.14. Vendor shall, at no additional cost to the City, provide Police Department Adjudication workstation computer monitors for citation review and approval \vhieh should provide a resolution of 1280 x 1024, which shall be retullled tn Vendor in the event the Agreement is terminated. 2.1.15. For optimal data throughput, Police Department / Adjudication workstations should be connected to a high-speed intemet connection with bandwidth of T -1 \)1 greater. Vendor will coordinate directly with the City's Information Teehnolog} (IT) Department on installation and implementation of the computerized aspects of the program. 2.1.16. Police Department shall provide signatures of all authorized police users who \vi 11 review events and approve citations on fom1s provided by VendoL 2.1.17. In the event that remote access to the A TS Axsis VPS System is blocked b:; City's network security infrastructure, the City's IT Department and the counterparts at A TS shall coordinate to facilitate appropriate communications access while maintaining required security measures. Page 23 of 30 EXHIBIT "C" Maintenance 1. All repair and maintenance of Traffic Safety Camera Program systems and related equipment will be the sole responsibility of Vendor, including but not limited to maintaining the casings of the cameras included in the Vendor System and all other Equipment in reasonably clean and graffiti-free condition. 2. Vendor shall not open the Traffic Signal Controller Boxes without a representative of Miami- Dade County Traffic Engineering present. 3. The provision of all necessary communication, broadband and telephone services to the Designated Intersections will be the sole responsibility of the Vendor 4. The provision of all necessary electrical services to the Designated Intersections will be the sole responsibility of the Vendor. 5. In the event that images of a quality suitable for the Authorized Employee to identify Infractions cannot be reasonably obtained without the use of flash units, Vendor shall provide and install such flash units. 6. The Vendor Project Manager (or a reasonable alternate) shall be available to the City's Project Manager each day. Page 24 of 30 FXHIBIT "1)"' Inhaction Processing 1. All Infractions Data shall be stored on the VenJor System; J The Vendor System shall process Infractions Data gathered from the Designated Intersec110n into a format capable of review by the Authorized Employee via the Vendor System; .... The Vendor shall make the initial detellnination that the image meets the requirements of the _1. Ordinance and this Agreement, and is otherwise sufficient to enable the City to meets it::; burden of demonstrating a violation of the Ordinance. If the Vendor detern1ines that the standards are not met the image shall not be processed any further. 4. The Vendor System shall be accessible by the Authorized Employee through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a \veb browser. 5. Vendor shall provide storage capabilities for the City to store infractions identified tor prosecution for a period of time of not Jess than four (4) years after final disposition of :1 case. (l. Vendor shall provide the Authorized Employee \vith access to the Vendor System for tht' purposes of reviewing the pre-processed Infractions Data within seven (7) days of the gathering of the Infraction Data from the applicable Designated Intersections. 7. The City shall cause the Authorized Employee to review the Infractions Data and to detem1ine whether a Notice of Infraction shall be issued with respect to each Potential Infraction captured within such Infraction Data, and transmit each such detennination 10 Vendor using the software or other applications or procedures provided by Vendor 011 the Vendor System for such purpose. VENDOR HEREBY ACKNOWLEDGES AND AGREES THA T THE DECISION TO ISSUE A NOTICE OF INFRACTION SHALL BE THE SOLE. UNILA TERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETI01\ (A "NOTICE OF INFRACTION DECISION"), AND IN NO EVENT SHALL VENDOR HA VE THE ABILITY OR AUTHORIZATION TO MAKE A NOTICE OF INFRACTION DECISION: 8. With respect to each Authorized Infraction. Vendor shall print and mail a Notice 01 Infraction within seven (7) days after Vendor's receipt of such authorization from the City's Authorized Employee; provided, however, during the Warning Period, warning Infraction notices shall be issued in respect of all Authorized Infractions: 9. Vendor shall provide a toll-free telephone number. at its sole expense, for the purposes 01 answering citizen inquiries. 10. Vendor shall pennit the Authorized Employee to generate monthly reports using the Vendor Standard RepOli System. Page 25 of 30 11. Upon Vendor's receipt of a written request from the City and in addition to the Standard Reports, Vendor shall provide, without cost to the City, reports regarding the processing and issuance of Notices of Infraction, the maintenance and downtime records of the Designated Intersections and the functionality of the Vendor System with respect thereto to the City in such fonnat and for such periods as the City may reasonably request, without cost to the City; 12. Upon Vendor's receipt of a written request from the City at least fourteen (14) calendar days in advance of a hearing, Vendor shall provide expert witnesses for use by the City in prosecuting Infractions, before the City's hearing officer, at no cost to the City; 13. Vendor shall provide such training to City personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the City with respect to the Red Light Enforcement Program. However, if a specific case requires testimony on the technical aspects of the equipment, upon City's request Vendor shall provide the City with an expert in the hearing in that case at no cost to the City. 14. During the Warning Period, Vendor shall implement a public relations program, in coordination with the City and upon City's approval, at no cost to the City in accordance with the elements included in Vendor's proposal dated November 13, 2007. 15. Notice of Infraction Form. Vendor shall prepare and provide to City a Notice of Infraction Form that provides, at a minimum, the following information: a. name and address of the owner ofthe vehicle involved in the infraction; b. the registration number of the vehicle involved in the infraction; c. a citation to the City's Ordinance violated; d. the location of the intersection where the infraction occurred; e. the date and time of the infraction; f. a copy of the recorded image of the infraction; g. the amount of fee and charges imposed and the date by which the fee and charges must be paid or appealed; h. instructions on all methods of payment for the fee; 1. a clear statement of the time limit to file an appeal and describing the procedure for appealing the infraction; J. a statement that the City's traffic infraction officer has reviewed and observed the recorded images evidencing the violation of the Ordinance and has found reasonable and probable grounds to believe that an infraction has occurred and can identify the license tag number of the violating vehicle; and, Page 26 of 30 k. a conspicuous statement. printed on larger font than the remaming statements on tile Notice of Infraction, and boldccL stating that if thc owner of the vehicle fails to p.,. the civil fee within the time allotted. or fails to timely appeal the infraction, the 0\\ 11L'; shall be deemed to have waived his or her right to contest the infi:action, and h,lC: admitted to the infraction reflected in the Notice of Infraction. 16. Vendor agrees that the City shall have the right to review and approvc the fonn Notice 01 Infraction prior to its use, and that in the event City detem1ines additional infonnation should be included in the Notice oflnfraction, Vendor shall modify the Notice ofInfraction f01111. .U its sole expense, to comply with those requirements. 17. For any city using ATS lockbox or epayment services, Vendor will establish a demand deposit account bearing the title, "American Traffic Solutions, lnc. as agent for Customer.' at U.S. Bank. All funds collected on behalf of the Customer will be deposited in this account and transfened by wire the first business day of each week to the Customer's primary deposH bank. The Customer will identify the account to receive funds wired from U.S. Bank. Ii desired, Customer will sign a W -9 and blocked account agreement, to be completed by the Customer, to ensure the Customer's financial interest in said U.S. Bank account is preserved. ] 8. Vendor is authorized to charge, collect and retain a convenience fee of $4.00 each jl)! electronic payments processed. Such fee is paid for by the violator. Page 27 of 30 Exhibit "E" Additional Rights and Obligations V endor and the City shall respectively have the additional rights and obligations set forth below: l. Vendor shall assist the City in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the TSCP, as offered in the Vendor's proposal. 2. Vendor shall be solely responsible for installing such Signage as required by City Ordinance. The Vendor shall be solely responsible for the fabrication of any signage, notices, or other po stings required pursuant to any law, rule, or regulation of any Governmental Authority ("Signage"), including, but not limited to, the City and County Ordinances, State Statutes, and Florida Department of Transportation (FDOT) Regulations and shall assist in determining the placement of such Signage. Vendor shall be responsible for obtaining all necessary approvals from Governmental Authorities. 3. The Vendor Project Manager and the Project Manager shall meet on a weekly basis during the period commencing as of the date of execution hereof and ending on the termination of the Warning Period Date, and on a monthly basis for the remainder of the Term, at such times and places as the Vendor Project Manager and the City Project Manager shall mutually agree. 4. The City shall not access the Vendor System or use the TSCP Program in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Vendor System or the Vendor Photo Enforcement Program with respect to any Intersection constructed or maintained by Vendor for such Person, or which could damage, disable, impair or overburden the Vendor System or the Vendor Photo Enforcement Program, and the City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Vendor System, or (iii) any materials or information not intentionally made available by Vendor to the City by means of hacking, password mining or any other method whatsoever, nor shall the City cause any other Person to do any of the foregoing. 5. The City shall maintain the confidentiality of any username, password or other process or device for accessing the Vendor System or using the TSCP. 6. Each of Vendor and the City shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of V endor and the City shall reasonably follow any and all such rules and regulations. 7. The City shall promptly reimburse Vendor for the cost of repairing or replacing any portion of the Vendor System, or any property or equipment related thereto, damaged solely and Page 28 of 30 directly hy the City. or any 01' Its employees. contractors or ageIHs In all other IJ1St<.ll1L'\.", such costs shall be solely the Vendor" s costs. Page 29 of 30 EXHIBIT "F" COMPENSATION & PRICING Per Paid Fee There will be no charge to City during the Warning Period, and Vendor shall not receive any compensation for any notices sent during the Warning Period. At the conclusion of the Warning Period, and once Notices of Infractions are issued, Vendor shall be compensated as follows: Per Camera Paid Notices 151 Tier Fee: First 2 paid notices per day in a month, per camera (i.e. first 60 paid per month) $47.50 each 2nd Tier Fee: Next 2 paid notices per day in a month, per camera (i.e. 61-149 paid per month) $27.50 each 3rd Tier Fee All other paid notices in a month, per camera (i.e. 150+ paid per month) $17.50 each If the average number of paid notices is 2 or fewer per day in a month, per camera the Vendor shall receive all revenues collected for the billing period. Page 30 of 30 XII. - LEGAL - 1st Reading ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~. December 16. 2008 December 1, 2008 (Noon) o February 17. 2009 February 2, 2009 (Noon) o January 6, 2009 December IS, 2008 (Noon) 0 March 3, 2009 February 17, 2009 (Noon) o January 20. 2009 January 5, 2009 (Noon) o March] 7,2009 March 2. 2009 (Noon) o February 3, 2009 January 19, 2009 (Noon) o April?,2009 March 16.2009 (Noon) 0 Ann oun cem en ts/Presentati ons 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: Approve Ordinance amending Community Redevelopment Plan. EXPLANA nON: Section 163.361 allows the City Commission to modify the Community Redevelopment Plan from time to time. Plan amendment is appropriate when clarification is required to support community Redevelopment Agency programs, including the implementation of Community Policing Innovations. The amendments contained in this Ordinance have been developed by the eRA Executive Director and her staff and have been recommended by the Agency Board. PROGRAM IMPACT: The amendments implement the Downtown Master Plan, Community Policing Innovations Programs an CRA participation in infrastructure improvements, which by their nature will advance the objectives of the Community Redevelopment Agency. FISCAL IMP ACT: None ALTERNATIVES: The Commission is authorized to amend the Plan to include all or none of the proposed amendments. . <:~-=.'.__....._.._-_. .{1V';// ~ ~ Department Head's Signature City Manager's Signature Assistant to City Manager tfnt.- City Attorney Department Name City Attorney / Finance S:\BULLETINlFORMS\AGENDA ITEM REQUEST FORM DOC 1 ORDINANCE 08- i! -- I - ! i '1 A ORDINANCE OF THE CITY COMMISSION OF THE CITY -' ! I 4 i I OF BOYNTON BEACH, FLORIDA APPROVING THE ! i 5 II AMENDMENT OF THE COMMUNITY REDEVELOPMENT 6 , I PLAN TO INCORPORATE THE DOWNTO\VN MASTER 7 II PLAN AND COMPONENTS THEREOF REGARDING 8 COMMUNITY POLICING INNOVATION PROGRAM AND I 9 i FUNDIN G PROGRAMS FOR INFRASTRVCTURE 10 I IMPROVEMENTS OR llPGRADES NECESSARY TO I 11 I IMPLEMENT THE GOALS AND OBJECTIVES OF THE 12 I COMMUNITY REDEVELOPMENT PLAN WHICH INCLUDE 13 GREATER DENSITY AND ENHANCED PUBLIC SPACE: 14 ! PROVIDING FOR CONFLICTS, SEVERABILITY, 15 i CODIFICA TION AND AN EFFECTIVE DATE. 16 17 WHEREAS, Florida Statute 163.361 provides for amendment or modification of a 18 Communitv Redevelopment Plan; and I - 19 I WHEREAS, the Community Redevelopment Agency Board has reviewed and I 20 conducted a public hearing regarding the Downtown Master Plan and the Community 21 Policing Innovation Program and funding programs for infrastructure improvements or 22 upgrades elements1 thereof: -''' I WHEREAS, the City Commission of the City of Boynton Beach, Florida finds that ....,) 24 the amendment of the Community Redevelopment Plan will advance the intent. purpose. and 25 goals of the Community Redevelopment Agency as contemplated by the Community 26 Redevelopment Act of 1 969. 27 I NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION I t 28 I OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 29 ! Section 1. Each "Whereas" clause set forth above is true and correct and ! 30 I ~ncorporated herein by this reference. I , I i i 11 Example: expenditures for upgrades and improvements to the Cit) 's 4th Street Improvement Porjecl. ! , \ I I 1 Section 2. The City Commission of the City of Boynton Beach Florida approves 2 an amendment of the Community Redevelopment Plan to incorporate the Downtown Master 3 Plan, and the Community Policing Innovation Program and funding programs for 4 infrastructure improvements or upgrades elements contained therein. 5 Section 3. The City Commission of the City of Boynton Beach, Florida 6 specifically approves the amendment of the Community Redevelopment Plan by 7 incorporating the following language related to Community Policing Innovation Program and 8 funding programs for infrastructure improvements or upgrades: 9 Community Policing Innovation Program 10 11 The eRA'S Community Policing Innovation Program shall endeavor to reduce 12 crime by reducing opportunities for, and increasing the perceived risk of 13 engaging, in, criminal activity through visible presence of police in the 14 community, including, but not limited to, community mobilization, 15 neighborhood block watch, citizen contact patrol, foot patrol, field interrogation, 16 or intensified motorized patrol. 17 18 Police officers of the Program shall collect and analyze data on crimes within the 19 CRA and provide the Agency with reports showing year-to-date crime figures. 20 Officers shall undertake actions that will be designed to reduce the numbers and 21 types of crime occurring in the CRA district. 22 23 Officers in the Program shall interact with business owners, property owners and 24 residents of the CRA to determine their public safety concerns. Officers shall 25 have a presence at CRA events and shall attend community meetings to inform 26 residents of the Program. Officers shall monitor the CRA'S trolley for any 27 Issues. 28 29 Officers shall wear the CRA Program uniform when on duty. 30 31 Particular attention shall be paid to quality of life crimes that directly affect the 32 desirability of living or doing business within the CRA district. 33 34 The CRA shall fund the Program with TIF funds to the extent that is currently 35 acceptable practice according to the Florida Auditor General and the 36 recommendation of the eRA'S independent auditor. 37 38 1 lntrastructure Upgrades ') ~ 3 The CRA shall undertake infrastructure upgrades as necessary to accommodate 4 higher density development as proposed by the Federal Highway Corridor Plan 5 and the Downtown Master Plan. Infrastructure shall include water and sewer 6 lines, drainage, electrical and data systems. roadways. transit stops and 7 sidewalks. 8 9 ]0 Section 4. Each and every other provision of the Code of Ordinances not herein ] 1 specifically amended shall remain in full force and effect as previously enacted. ]2 II Section 5. All ordinances or parts of ordinances in conflict herewith be and the 1 " same are hereby repealed. .) 14 Section 6. Should any section or provision of this ordinance or portion hereoL an: 15 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid. ]6 such decision shall not affect the remainder of this ordinance. 17 I Section 7. Authority is hereby granted to codify said ordinance. 18 Section 8. This ordinance shall become effective immediately upon its passage ]9 I and adoption. 20 I FIRST READING this _ day of___~~_~ .2008. '--,.- ~-~- 2] I I I I i i i I II i I 11 ! I I I i I II I, If It II : i . . ; \ :l , I I I , , ! 1 SECOND, FINAL READING AND PASSAGE this day of 2 ,2008. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Jose Rodriguez 10 11 12 Commissioner - Ronald Weiland 13 14 15 Commissioner - Woodrow L. Hay 16 17 18 Commissioner - Marlene Ross 19 ATTEST: 20 21 22 23 Janet M. Prainito, CMC 24 City Clerk 25 26 27 (CORPORATE SEAL) 28 29 XIII-UNFINISHED BUSINESS ITEM A. ~fl; ro N \> CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Tumed Requested City Commission Meetinl! Dates in to City Clerk's Office Meeting; Dates ~ December t6, 2008 December I. 2008 (Noon) 0 February 17, 2009 0 January 6, 2009 December 15, 2008 (Noon) 0 March 3. 2009 0 January 20, 2009 January 5. 2009 (Noon) 0 March 17. 2009 0 February 3, 2009 January 19.2009 (Noon) 0 April 7. 2009 Datc Final Form Must be Tumed into City Clerk's Office February 2, 2009 (Noon) February 17.2009 (Noon) March 2. 2009 (Noon) March 16.2009 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements ~ Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Remove the contingency of receiving a match to the City's NSP funds within six months for the Ocean Breeze West project. EXPLANATION: At the November 5, 2008 City Commission meeting, the Commission voted to allocate $400,000 of the City's $2,9M Neighborhood Stabilization Funds to the Ocean Breeze west project to develop 32 single-family homes to provide down-payment assistance to low and moderate income purchasers. However, the allocation was made contingent upon the developer receiving an equal allocation from the County within six months (from what date is not clear from the minutes), According to County's Housing and Community Development Department staff, there are no funds remaining in their 08/09 budget that could be allocated to this project. One of the possible sources of down payment assistance is the State Homeownership Pool Program (HOP) where funds are allocated to each buyer on a first-come, first serve basis. Therefore, there is no way to allocate all $400,000 within a six-month period. The requirement of a match within six months is onerous on the project since the funds being sought are for the purpose of down payment assistance, and wi II not needed until the closing of each home. The NSP guidelines do not put such a timing restriction on the funds. Additionally, the attached memo from Quintus Greene, Development Director, does not mention such a restriction. PROGRAM IMPACT: Heart of Boynton Community Redevelopment Plan FISCAL IMPACT: None ~" Sign,n,,, Assistant to City Manager ~ --... Community Redevelopment Agency S:\BULLETIN\FORMS\AGENDA ITEM REQUEST fORM.DOC City Attorney I Finance o CO o ,.." n C"") n~ =i-< -<0. I.J .." ,-co ,"110 ;;u - ~.z ui-. o O:z: .." ~~ ~... f'T1~ N > :x CD .. (.fI ~ MEMORANDUM To: Vivian Brooks, Assistant Director Community Redevelopment Agency From: Quintus Greene, Development Director Date: October 31, 2008 Re: Request for allocation from NSP Funds for Ocean Breese West Pursuant to your memorandum of October 24, 2008 it has been determined that downpayment assistance is an allowable use of funds under the Neighborhood stabilization Program (NSP), Accordingly, staff will be recommending, per your request, that $400,000 of the anticipated $2.9 million the City of Boynton Beach expects to receive should be allocated for this purpose. Please be advised that the low and moderate income related provisions of the Housing and Economic Recovery Act (HERA) is applicable to the Neighborhood Stabilization Program. These provisions state that: "not less than 25 percent of the funds appropriated or otherwise made available under this section shall be used for the purchase and redevelopment of abandoned or foreclosed homes or residential properties that will be used to house individuals or families whose incomes do not exceed 50 percent of area median income. " As a sub-recipient, the CRA will be expected to ensure that a minimum of 25 percent of the funds requested will be used to meet this required threshold. The CRA will also need to present a narrative describing how the use of NSP funds for this use will meet the requirements of Section 2301 (c)(2) of the HERA, As you know, the administration of the NSP funds will follow the guidelines and reporting requirements established for the Community Development Block Grant (CDBG) program. Therefore, the following additional information will also be required by the CRA to ensure that it is reimbursed: 1. A statement of how the CRA will ensure continued affordability of units? 2. The number of units proposed for each income level: (Le., 50% and below, 51% to 80%, and 81% to 120% of area median income) Page 2 3. The expected start date of the activity 4. Description of the general terms under which the assistance will be provided: . Range of interest Rate . Duration of term of assistance . Tenure Please contact Octavia Sherrod should you have any questions or require any additional information. CC: Kurt Bressner, City Manager Lori LaVerriere, Assistant City Manager Lisa Bright, eRA Executive Director Octavia Sherrod, Community Improvement Manager