Agenda 09-20-11 Searchable
The City of
100 E. Boynton Beach Boulevard ● (561) 742-6000
Boynton Beach
Boynton Beach
TUESDAY, SEPTEMBER 20, 2011
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jose Rodriguez
Mayor – At Large
William Orlove
Vice Mayor – District I
Woodrow Hay
Commissioner – District II
Steven Holzman
Commissioner – District III
Marlene Ross
Commissioner – District IV
Lori LaVerriere
Interim City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the
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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
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These are items which the Commission will discuss individually in the
order listed on the agenda.
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be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
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reading of Ordinances – Time Limit – Three (3) minutes
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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).
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1. OPENINGS
A. Call to order - Mayor Jose Rodriguez
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Hay
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
A. Conduct this second Public Hearing for the Fiscal Year 2011-2012 Budget in order to:
1. Approve two (2) new job descriptions resulting from reorganization of the Human
Resources Dept: 1) Human Resource Services Coordinator - Grade 15 and 2) Human
Resources Generalist - Grade 20. Job descriptions attached.
2. Approve an additional $75,000 in the Solid Waste Fund for implementation of a
Nuisance Abatement Program. Said amount is included in the Tentative Budget of all
other funds in Item 4.
3. PROPOSED RESOLUTION NO. R11-100 - Adopt the Final millage rate for the
General Fund for Fiscal Year 2011-2012.
4. PROPOSED RESOLUTION NO. R11-101 - Adopt the Final Budget for the General
Fund and all other funds for Fiscal Year 2011-2012.
B. PROPOSED RESOLUTION NO. R11-102 - Ratification by City Commission of the
Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal
year 2011-2012.
C. Informational Items by Members of the City Commission
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
None
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the
discretion of the Chair, this 3 minute allowance may need to be adjusted depending
on the level of business coming before the City Commission)
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5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards
B. Appoint the Vice Chair of the Financial Advisory Committee
6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with
all of the accompanying material to become a part of the Public Record and subject
to staff comments.
A. PROPOSED RESOLUTION NO. R11-103 - Approve a three year interlocal
agreement between Palm Beach County and the City of Boynton Beach for direct
access to Palm Beach County's Dialogic Geographic-Based Alert and Notification
System at an annual cost of $4,000.
B. PROPOSED RESOLUTION NO. R11-104 - Approve exercising our option to extend
our Banking Services Agreement with Bank of America for an added two (2) years and
authorize the Interim City Manager to sign the new Agreement.
C. Accept the written report to the Commission for purchases over $10,000 for the month
of August 2011.
D. PROPOSED RESOLUTION NO. R11-105 - Approve recommendation and Addendum
to Broker Contract to extend the Brokerage Services agreement with Public Risk
Insurance Agency for a year beginning 09/18/11 to 09/17/12 in the annual amount of
$12,000 for insurance broker services and insurance policy coverages for automobile
and equipment breakdown.
E. PROPOSED RESOLUTION NO. R11-106 - Approve policy for implementing the
Governmental Accounting Standards Board's Statement No. 54 - Fund Balance
Reporting and Governmental Fund Type Definitions.
F. Approve the minutes from the City Commission regular meeting held on September 6,
2011
G. PROPOSED RESOLUTION NO. R11-107 - Approve the award for the Victims of
Crime Act (VOCA) grant in the amount of $55,854 for the FY 2011/2012 funding cycle.
H. PROPOSED RESOLUTION NO. R11-108 - Approve the execution of the MOU with
the IAFF, Local 1891, regarding a renegotiated agreement addressing Articles #12
(Health Insurance) and Article #14 (wages) for FY 2011/2012 (October 1, 2011
through September 30, 2012)
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I. PROPOSED RESOLUTION NO. R11-109 - Approve piggyback of Palm Beach
County Bid No. 11-067/SWC with Morton Salt, Inc. with the same terms, conditions,
specifications and pricing. The bid term is from July 13, 2011 to July 12, 2012, the
second of four one-year mutual options to renew. This bid will be utilized for the
provision of granular sodium chloride (salt) at the estimated annual expenditure of
$72,000
7. BIDS AND PURCHASES OVER $100,000
A. PROPOSED RESOLUTION NO. R11-110 - Approve the piggyback of Palm Beach
County Bid (#11-071/SWC) with Allied Universal Corporation with the same terms,
conditions, specifications and pricing. Authorize the execution of a City Cover
Agreement by the Mayor and City Clerk. The bid term is from September 20, 2011 to
September 19, 2012 with provisions for four one-year mutual options to renew. This
bid will be utilized for the provision of sodium hypochlorite (liquid chlorine) at the
estimated annual expenditure of $165,000.
B. (1) Reject the seven (7) highest bids the City received in response to the Invitation to
Bidders
(2) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059-2821-
11/TWH ”Regional Lift Station at Pence Park” to Wharton-Smith, Inc. of Sanford,
Florida with a Bid price of $812,000, also approve an owner’s contingency of 10% of
the amount of $81,200 for a total funding authorization of $893,200. - (TABLED
8/16/11 & 9/6/11)
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as
Local Planning Agency and City Commission.
A. PROPOSED ORDINANCE NO. 11-022 - FIRST READING - Amending Section 26-9
of the City's Code governing water and wastewater rates that will implement a revised
rate structure effective November 1, 2011
10. CITY MANAGER’S REPORT
A. Update to Commission on Adult Entertainment Regulations and distance separation
from alcohol sales.
B. Review and comment on draft RFP for Conceptual Proposals for the Adaptive
Reuse/Renovation of the 1927 High School Building
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11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. LEGAL
A. PROPOSED ORDINANCE NO. 11-020 - SECOND READING - PUBLIC HEARING -
Amend the Land Development Regulations (LDR) to 1) modify the definitions of
certain industrial uses to allow an accessory component to include retails sales,
tasting rooms, and facility tours; and 2) to allow such industrial uses within the
General Commercial (C-4) zoning district. Applicant: City-initiated (TABLED
09/06/11)
B. PROPOSED ORDINANCE NO. 11-021 - SECOND READING - PUBLIC HEARING -
Amend the Land Development Regulations, Chapter 3, Article V, Section 9 "Sidewalk
Café" relative to locational and operational characteristics. Applicant: City-initiated
C. Approve request for Hurricane Alley Sidewalk Café Permit. Applicant - Ms. Kim Kelly,
owner (TABLED 09/06/11)
D. PROPOSED ORDINANCE NO. 11-023 - FIRST READING - Amend the Land
Development Regulations (LDR) to 1) allow Indoor Athletic Instruction / Training
establishments in the M-1 zoning district without limiting their size or restricting their
location to multiple-tenant buildings on properties fronting on arterial or collector
roadways; 2) change the definition of Indoor Athletic Instruction / Training to
emphasize athletic activities; and 3) expand the definition of Indoor Entertainment to
include indoor playground and play centers. Applicant: City-initiated.
E. PROPOSED ORDINANCE NO. 11-024 - FIRST READING - Amend the Land
Development Regulations (LDR) to clarify the methodology used to calculate the
maximum wall signage allowed for any given building or tenant space. Applicant:
City-initiated.
F. PROPOSED ORDINANCE NO. 11-025 - FIRST READING - Changing all references
in the City's Code of Ordinances and any other City records from "Boat Club Park" to
now be known as "Harvey E. Oyer, Jr. Park" as previously approved by the City
Commission.
14. FUTURE AGENDA ITEMS
A. Modification to the City’s lobbying registration ordinance - 10/4/11
B. City Manager Search - 10/04/11
C. Follow-up to City/CRA workshop - 10/04/11
D. Revisions to restrictions for vehicle size in residential districts - 10/18/11
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E. Draft Economic Development Plan for the City of Boynton Beach - 10/18/11
F. Report from Branding Committee - 10/18/11
15. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE,
HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES
THE 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 THE CITY CLERK'S OFFICE (561) 742-6060 AT
LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY
ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB
SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN
BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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2. A
OTHER
September 20, 2011
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ETTLEMENTS
RACC:Conduct this second Public Hearing for the Fiscal Year
EQUESTED CTION BY ITY OMMISSION
2011-2012 Budget in order to:
1. Approve two (2) new job descriptions resulting from reorganization of the Human Resources Dept: 1)
Human Resource Services Coordinator - Grade 15 and 2) Human Resources Generalist - Grade 20.
Job descriptions attached.
2. Approve an additional $75,000 in the Solid Waste Fund for implementation of a Nuisance Abatement
Program. Said amount is included in the Tentative Budget of all other funds in Item 4.
3. PROPOSED RESOLUTION NO. R11-100 - Adopt the Final millage rate for the General Fund for
Fiscal Year 2011-2012.
4. PROPOSED RESOLUTION NO. R11-101 - Adopt the Final Budget for the General Fund and all
other funds for Fiscal Year 2011-2012.
ER: This is the second and final Budget Public Hearing for FINAL
XPLANATION OF EQUEST
adoption of the millage rate and operating budget for FY 2011-2012. The first two items are
needed prior to budget adoption.
1. Approval of Human Resources Job Descriptions. Commission approval is needed
for the job descriptions resulting from reorganization of the Human Resources
Department as explained in the attachment on this subject. The fiscal impact of this item
was already included in the recommended budget.
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2. Approve an additional $75,000 in the Solid Waste Fund. This item was previously discussed
with the Commission to fund Nuissance Abatement. While Code Compliance would be
responsible for this program, staff recommends funding it in the Solid Waste (Sanitation) Fund
from available funds.
Adoption of Millage Rate and Budget For All Funds
The procedure for adopting the millage rate and budget is established by Section 200.065,
Florida Statutes. The City customarily establishes its millage rate and budget by the adoption
of Resolutions. The attached resolutions meet the State requirements.
Alternate millage rates would result in a deficit if the proposed budget is not modified. The
deficits are:
At the 7.4000 Proposed Rate - ($ 377,790)
At the 7.1941 Rolled Back Rate - ($1,020,790)
The City cannot adopt a deficit budget.
H? By balancing the proposed budget and
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
adopting the Resolutions, the Commission provides the legal authority to appropriate
resources to carry out City programs and services for FY 2011-2012.
FI:
ISCAL MPACT
3. The proposed millage rate of 7.4000 levies property taxes to partially support the
General Fund in FY 2011-2012. This proposed millage is 2.9% above the computed
rolled back rate of 7.1941 (a $643,000 net increase over rolled back rate). Both rates
are levied on the gross taxable value of $3.77 billion, a 3% reduction from the prior year.
A comparison of the net property taxes received to support the General Fund follows.
Rolled Back RateProposed Rate
Taxable Value$ 3,776,713,000$ 3,776,713,000
Millage Rate / 1,0007.19417.4000
Gross Taxes Levied$ 27,170,000 $ 27,948,000
Less Discounts$ (951,000) $ (978,000)
Less CRA TIF Payment$ (3,782,000)$ (3,890,000)
Taxes to General Fund$ 22,437,000 $ 23,080,000
By comparison, the recommended Police Department budget alone is $22.7 M.
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The following is a summary of the fiscal impact on eight (8) Homestead Properties and
Commercial or Non-Homestead Properties at the proposed 7.4000 millage rate which is
a 9.4% rate increase over the current 6.7626 millage rate. Each property assumes a
2010 and 2011 assessed value, the resulting percentage change and the resulting
annual property taxes, the percentage change and monthly increase or (decrease).
Assessed ValueProperty Taxes
20102011% Change20102011% ChangeMonthly
Homestead Properties:
1$ 375,000$ 345,000-8.0%$ 2,198 $ 2,183 -0.7%$ (1.24)
2$ 175,000$ 165,000-5.7%$ 845$ 8510.7%$ 0.47
3$ 100,000$ 95,000-5.0%$ 338$ 333-1.5%$ (0.43)
4$ 50,000$ 48,000-4.0%$ 169$ 1700.7%$ 0.09
Totals >>>$ 3,550 $ 3,537 -0.4%
Commercial or Non-Homestead Properties:
5$ 2,000,000 $ 1,900,000 -5.0%$ 13,525$ 14,0604.0%$ 44.57
6$ 175,000$ 165,000-5.7%$ 1,183 $ 1,221 3.2%$ 3.13
7$ 100,000$ 95,000-5.0%$ 676$ 7034.0%$ 2.23
8$ 50,000$ 48,000-4.0%$ 338$ 3555.0%$ 1.42
Totals >>>$ 15,723$ 16,3393.9%
It is important to note that the ad valorem rate increase of 9.4% does not result in a
property tax increase of 9.4%. In fact, in some cases, a tax decrease could result at the
7.4000 millage rate.
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4. The General Fund Budget as initially recommended plus adjustments made at the July
th
workshops, the “Wish List” developed at the September 6 Public Hearing, and a
reduction of the County’s Inspector General Assessment follow.
(Also see larger size attachment of the same chart.)
General Fund General Fund
Total Funding
Total Expenditures
Surplus Surplus
Sources
Budget Adjustment Description
(Deficit) (Deficit)
At 7.4000 At 7.4000 At 7.4000 At 7.1941
Budget Page Reference GF-7 GF-15 & GF-7 GF-7
Initial Recommended General Fund Budget @ 7.2843 Millage Rate$ 64,794,175 $ 67,101,387 $ (2,307,212)
$ (2,307,212)
Global Budget Adjustments Recommended (Page 12)
Pension Savings - Interest Expense Charge/ Salary Adjustments$ - $ (1,225,655) $ (1,081,557)
$ (1,081,557)
Alternate Transportation Services for "Shopper Hopper"$ - $ 50,000
$ (1,131,557)
$ (1,131,557)
Increase Proceeds of Traffic Safety Fund from $200,000 to $300,000$ 100,000$ - $ (1,031,557) $ (1,031,557)
Workshop Adjustments:
Expenditure Increases (Reductions)
Library - Subscriptions/Memberships $ - $ 400$ (1,031,957) $ (1,031,957)
Projected Unemployment Compensation$ - $ 100,000$ (1,131,957) $ (1,131,957)
Eliminate 6 Fire Rescue Vacant Positions ($423,667 Less $45,200)$ - $ (378,467) $ (753,490) $ (753,490)
Fire Department Hydrant Testing Reduction$ - $ (45,200)$ (708,290) $ (708,290)
Eliminate Contingency from City Hall Budget$ - $ (25,000)$ (683,290) $ (683,290)
Reduce City Commission Business Meetings from $6,000 to $5,000$ - $ (1,000)$ (682,290) $ (682,290)
Reduce Commission Memberships for Natl League of Cities @ $5,400$ - $ (5,400)$ (676,890) $ (676,890)
Revenue/Funding Source Increases (Reductions)
Accept All or Part of Added Revenue Increases Per FAC - Page 4$ 25,000$ - $ (651,890) $ (651,890)
Development Dept Building Services Agreement-Town of Hypoluxo$ 29,100$ - $ (622,790) $ (622,790)
Adjust Property Taxes @ 7.4000 Proposed & 7.1941 Roll BackTax Rate$ 422,000$ - $ (200,790) $ (951,790)
Less Increased TIF Increment to CRA$ (60,000)$ - $ (903,790)
$ (260,790)
Sub-Totals$ 65,310,275 $ 65,571,065 $ (260,790) $ (903,790)
Wish List @ 9-6-11 Public Hearing:
Revenue / Expenditure Increases (Reductions)
Little League Funding$ - $ 20,000$ (280,790) $ (923,790)
Restore Senior Center Hours - .5 FTE$ - $ 15,000$ (295,790) $ (938,790)
Restore Museum Funding to FY 2011 Levels (+$16,943)$ - $ 17,000$ (312,790) $ (955,790)
Restore Library Funding ($55,000 vs. $25,000 will restore weekly hours to 54)$ - $ 25,000$ (337,790) $ (980,790)
Economic Development Incentive Funding$ - $ 100,000$ (437,790) $ (1,080,790)
Subsequent Changes
Reduction of Inspector General Assessment$ - $ (60,000)$ (377,790)$ (1,020,790)
$ - $ -
$ - $ -
$ - $ -
$ - $ -
Revenue/Funding Source Increases (Reductions) (Net Reduction = $643,000)
Decreased Property Taxes @ 7.1941 Roll Back Tax Rate$ (751,000)
Plus Decreased TIF Increment to CRA$ 108,000
Totals$ 64,667,275 $ 65,688,065 $ (1,020,790)
The net impact of reducing the ad valorem tax rate to the rolled back rate of 7.1941
would be to reduce total revenues by $643,000 that would raise the above deficit from
$377,790 to $1,020,790 whereby further adjustments would be required to balance the
budget.
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4. Budgets of Other Funds are included in detail in the Proposed Budget document for
FY 2011-2012 and in the total for each fund in the attached Budget Resolution.
A Budget Summary by Fund Type for all funds as it appeared in the required newspaper
advertisement is attached.
There is one change from the Proposed Budget document regarding the $1,500,000
Transfer from the Fleet Maintenance Internal Service Fund to the General Fund to
partially support the operating deficit of the General Fund. This Transfer was reduced to
$0 since it would have resulted in a future deficit in the Fleet Maintenance Internal
Service Fund had the Transfer occurred.
Instead, the Transfer from the Solid Waste (Sanitation) Enterprise Fund to the General
Fund was increased by $1,500,000 from $3,100,000 to $4,600,000. The increase is
included in the total appropriation in the attached Resolution.
A: To be determined
LTERNATIVES
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RESOLUTION R11-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA
ADOPTING A FINAL MILLAGE RATE OF _________ MILLS FOR
THE CITY'S GENERAL FUND FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30,
2012; PROVIDING THAT THE FINAL MILLAGE RATE OF
_________ MILLS IS _______ % ABOVE THE ROLLED-BACK RATE
OF __________ MILLS; PROVIDING FOR SEVERABILITY,
CONFLICTS AND PROVIDING AN EFFECTIVE DATE
.
WHEREAS,
a final budget has been reviewed and considered by the City of Boynton Beach,
Florida, for the ensuing year, with detailed information, including revenues to be derived from sources
other than ad valorem levy, and the administrative staff of the City has made recommendations as to
the amount necessary to be appropriated for the ensuing year; and
WHEREAS,
the City Commission has given notice of and conducted the public hearings
required by law and has considered the recommendations of staff and the comments of the public, the
suggested budget, and the proposed millage necessary to be levied to carry on the government of the
City for the ensuing year;
WHEREAS,
the City of Boynton Beach, Florida, has followed the procedures as outlined in
Florida Statutes Section 200.065; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida hereby adopts the
final millage rate of _________ for the General Fund. The final millage rate is _________ % above the
computed rolled-back rate of _____________.
Section 3. If any clause, section, or other part of this Resolution shall be held by any Court
of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be
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considered as eliminated and shall in no way affect the validity of the other provisions of this
Resolution.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
Section 5. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this 20th day of September, 2011.
CITY OF BOYNTON BEACH, FLORIDA
____________________________
Mayor – Jose Rodriguez
____________________________
Vice Mayor – William Orlove
____________________________
Commissioner – Woodrow L. Hay
____________________________
Commissioner – Steven Holzman
____________________________
Commissioner – Marlene Ross
ATTEST:
________________________
Janet M. Prainito, MMC
City Clerk
(corporate Seal)
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RESOLUTION R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ADOPTING A FINAL BUDGET FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING
SEPTEMBER 30, 2012; PROVIDING FOR SEVERABILITY,
CONFLICTS, AND AN EFFECTIVE DATE.
WHEREAS,
a tentative budget has been prepared by the Interim City Manager estimating
expenditures, transfers, and revenues of the City for the fiscal year 2011-2012; and
WHEREAS,
the City Manager has made recommendations as to the amount necessary to be
appropriated for the fiscal year 2011-2012; and
WHEREAS
, the City Commission has conducted the public hearings to consider the final
budget, and the final millage necessary to be levied to carry on the government of the City for the
ensuing year;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of Boynton Beach, Florida, hereby adopts a final budget, a
copy of which is attached hereto as Exhibit “A”, and the appropriations set out therein for the fiscal
year beginning October 1, 2011 and ending September 30, 2012, to maintain and carry on the
government of the City of Boynton Beach, Florida.
General Fund
Section 3. There is hereby appropriated the sum of $ 65,571,065 to the
for the payment of operating expenditures, transfers to other funds, and necessary capital outlays for
the City Government pursuant to the terms of the above budget.
Fire
Section 4. That there is hereby appropriated the sum of $ 4,985,800 to the
Assessment Special Revenue Fund
for the payment of operating expenditures, transfers to other
funds, and necessary capital outlays.
Local Option
Section 5. That there is hereby appropriated the sum of $ 1,101,750 to the
Gas Tax Special Revenue Fund
for the payment of operating expenditures, transfers to other funds,
and necessary capital outlays.
Community
Section 6. That there is hereby appropriated the sum of $ 381,425 to the
Improvements Special Revenue Fund
for the payment of operating expenditures, transfers to other
funds, and necessary capital outlays.
Public Arts
Section 7. That there is hereby appropriated the sum of $ 108,132 to the
Special Revenue Fund
for the payment of operating expenditures, transfers to other funds, and
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necessary capital outlays.
Recreation
Section 8. That there is hereby appropriated the sum of $ 688,063 to the
Program Special Revenue Fund
for the payment of operating expenditures, transfers to other funds,
and necessary capital outlays.
Cemetery Special
Section 9. That there is hereby appropriated the sum of $ 327,825 to the
Revenue Fund
for the payment of operating expenditures, transfers to other funds, and necessary
capital outlays.
Section 10. That there is hereby appropriated the sum of $ 1,380,200 to the
Traffic Safety Special Revenue Fund
for the payment of operating expenditures, transfers to other
funds, and necessary capital outlays.
Section 11. That there is hereby appropriated the sum of $ 8,683,265 to the
Public Service Tax Debt Service Fund
for the purpose of payment operating expenditures, transfers
to other funds, and the principal and interest due on the public service tax bonds of the City not
subject to statutory exemptions and for redeeming such bonds as they mature.
General Capital
Section 12. That there is hereby appropriated the sum of $ 983,000 to the
Improvement Capital Projects Fund
for the payment of transfers to other funds and capital outlays
pursuant to the terms of the above budget.
Water and
Section 13. That there is hereby appropriated the sum of $ 32,217,173 to the
Sewer Utility Enterprise Fund
for operating expenditures, debt service, transfers to other funds, and
necessary capital outlay.
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Water and
Section 14. That there is hereby appropriated the sum of $ 17,847,000 to the
Sewer Utility Capital Improvement Enterprise Fund
for the payment of capital outlays pursuant to
the terms of the above budget.
Golf Course
Section 15. That there is hereby appropriated the sum of $ 2,100,853 to the
Enterprise Fund
for operating expenditures, transfer to other funds, and necessary capital outlays.
Solid Waste
Section 16. That there is hereby appropriated the sum of $ 11,269,195 to the
Enterprise Fund
for the payment of operating expenditures, transfers to other funds and necessary
capital outlays.
Transportation
Section 17. That there is hereby appropriated the sum of $ 0 to the
Enterprise Fund
for the payment of operating expenditures, transfers to other funds, and necessary
capital outlays.
Fleet
Section 18. That there is hereby appropriated the sum of $ 3,787,929 to the
Maintenance Internal Service Fund
for the payment of operating expenditures, transfers to other
funds, and necessary capital outlays.
Warehouse
Section 19. That there is hereby appropriated the sum of $ 271,867 to the
Internal Service Fund
for the payment of operating expenditures, transfers to other funds, and
necessary capital outlays.
Self-Insurance
Section 20. That there is hereby appropriated the sum of $ 2,529,200 to the
Internal Service Fund
for the payment of operating expenditures, transfers to other funds, and
necessary capital outlays.
Section 21. All delinquent taxes collected during the ensuing fiscal year as proceeds from
levies of operation millages of prior years are hereby specifically appropriated for the use of the
General Fund.
Section 22. If any clause, section or other part of this Resolution shall be held by any court
of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall
be considered as eliminated and shall in no way affect the validity of the remaining portions of this
Resolution.
Section 23. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
Section 24. This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED
this 20 day of September, 2011.
CITY OF BOYNTON BEACH, FLORIDA
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____________________________
Mayor – Jose Rodriguez
____________________________
Vice Mayor – William Orlove
____________________________
Commissioner – Woodrow L. Hay
____________________________
Commissioner – Steven Holzman
____________________________
Commissioner – Marlene Ross
ATTEST:
________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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2. B
OTHER
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-102 - Ratification
EQUESTED CTION BY ITY OMMISSION
by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget
for fiscal year 2011-2012.
ER: The Community Redevelopment Agency is a Special District
XPLANATION OF EQUEST
created by the City Commission. Florida Statute requires that the budget of special districts be
contained with in the general budget of the local governing authority and clearly stated as a
budget of the dependent district. The Community Redevelopment Agency approved their
proposed budget at its September 13, 2011 meeting. The attached resolution completes the
annual process of accepting and approving the CRA budget.
H?
None
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A: .
None based on previous discussion
LTERNATIVES
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RESOLUTION R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA RATIFYING THE 2011-1012
ANNUAL BUDGET FOR THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY AND PROVIDING AN EFFECTIVE
DATE
.
WHEREAS,
the Boynton Beach Community Redevelopment Agency was created by
Ordinance of the City Commission pursuant to Chapter 163, Florida Statutes. The Redevelopment
Agency has been designated a Florida Special District; and
WHEREAS,
Florida Statutes 189.418 provides that the proposed budget of a dependent special
district, with the concurrence of the local governing authority, may be budgeted separately; and
WHEREAS
, a local governing authority may, in its discretion, review the budget or tax levy of
any special district located solely within its boundaries; and
WHEREAS, a final budget of the Boynton Beach Community Redevelopment Agency has
been reviewed and considered by the City Commission for the ensuing year, with detailed
information, and the administrative staff of the City has made recommendations as to the amount
necessary to be appropriated for the ensuing year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida hereby ratifies the
adoption of the Boynton Beach Community Redevelopment Agency’s 2011-12 Annual Budget.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _________ day of September, 2011.
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CITY OF BOYNTON BEACH, FLORIDA
____________________________
Mayor – Jose Rodriguez
____________________________
Vice Mayor – William Orlove
____________________________
Commissioner – Woodrow L. Hay
____________________________
Commissioner – Steven Holzman
____________________________
Commissioner – Marlene Ross
ATTEST:
________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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5. A
ADMINISTRATIVE
September 20, 2011
COBB
ITY F OYNTON EACH
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GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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DMINISTRATIVEEW USINESS
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GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Appoint eligible members of the community to serve in
EQUESTED CTION BY ITY OMMISSION
vacant positions on City advisory boards
ER: The attached list contains the names of those who have applied for
XPLANATION OF EQUEST
vacancies on the various Advisory Boards. A list of vacancies is provided with the designated
Commission member having responsibility for the appointment to fill each vacancy.
H? Appointments are necessary to keep our
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Advisory Boards full and operating as effectively as possible.
FI: None
ISCAL MPACT
A: Allow vacancies to remain unfilled.
LTERNATIVES
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5. B
ADMINISTRATIVE
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Appoint the Vice Chair of the Financial Advisory
EQUESTED CTION BY ITY OMMISSION
Committee
ER: On September 6, 2011, the Commission accepted the resignation
XPLANATION OF EQUEST
of Michael Madalena as a member of the Financial Advisory Committee. The Commission
appointed Mr. Madalena as the Vice Chair of the Committee on August 17, 2010. Section 2-
243(e)(ii) of Ordinance No. 10-009 dictates the Commission shall, “. . . vote to appoint a Vice
Chair who shall serve in the absence of the Chair.”
H? The Financial Advisory Board would
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
function with only a Chair and board members.
FI: None
ISCAL MPACT
A: Do not appoint a Vice Chair of the Financial Advisory Committee.
LTERNATIVES
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6. A
CONSENT AGENDA
September 20, 2011
COBB
ITY F OYNTON EACH
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GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-103 - Approve a
EQUESTED CTION BY ITY OMMISSION
three year interlocal agreement between Palm Beach County and the City of Boynton Beach for direct
access to Palm Beach County's Dialogic Geographic-Based Alert and Notification System at an annual
cost of $4,000.
ER:
XPLANATION OF EQUEST
The City Commission approved the original Agreement via Resolution #R05-128 on August 2,
2005. There are no monetary changes, just language changes in this new Agreement. Palm
Beach County has established the Office of the Inspector General via County Ordinance 2009-
049 and therefore, Section 20 Access and Audits has been added. The term of this
Agreement is for three (3) years and will be automatically renewed for increments of three (3)
year terms thereafter unless otherwise notified by the City of Boynton Beach and/or Palm
Beach County.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
This Agreement will provide for a geographic-based callout to alert citizens and visitors of
imminent threat to life or property, or an instruction to take immediate protective action, or
notification of important or useful information.
FI:
ISCAL MPACT
The City of Boynton Beach will be assessed an annual access and usage charge in the
amount of $4,000. A one-time fee of $3,000 was paid to the Dialogic Communications
Corporation for the creation of a database for the City of Boynton Beach in conjunction with the
original Agreement. Funds are available in the I.T.S. Department’s telecommunication budget
(001-1510-513-41-10).
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A:
LTERNATIVES
Do not enter into the Agreement with Palm Beach County.
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RESOLUTION R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING A THREE YEAR
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND PALM BEACH COUNTY FOR DIRECT ACCESS TO
THE COUNTY’S DIALOGIC GEOGRAPHIC-BASED ALERT AND
NOTIFICATION SYSTEM AT AN ANNUAL COST OF $4,000; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the County and the City have determined that the ability to provide consistent,
timely notifications to staff and associated personnel is critical to the effective and efficient provision of
public safety and general government services; and
WHEREAS,
this agreement will provide for a geographic-based callout to alert citizens and
visitors of imminent threat to life or property, or an instruction to take immediate protective action or
notification of important or useful information; and
WHEREAS,
it has been determined to be mutually beneficial to all parties to execute this
three–year Agreement which sets forth the parameters under which the City can directly access the
County’s Dialogic System.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing “WHEREAS” clauses are true and correct and hereby ratified and
confirmed by the City Commission.
Section 2. The City Commission does hereby approve the three-year Agreement between
Palm Beach County and the City of Boynton Beach, where the City can directly access the County’s
Dialogic Geographic-based Alert and Notification System, which Agreement is attached hereto as
Exhibit “A.”
Section 3. The Mayor and City Clerk are authorized to execute the Interlocal Agreement.
Section 4. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of September, 2011.
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CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jose Rodriguez
_____________________________
Vice Mayor – William Orlove
_____________________________
Commissioner – Woodrow L. Hay
_____________________________
Commissioner – Steven Holzman
_____________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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INTERLOCAL AGREEMENT
This Interlocal Agreement (“Agreement”), made and entered into this _____ day of
______________2011 , by and between PALM BEACH COUNTY, a political subdivision of the State
of Florida (“COUNTY”) and the MUNICIPALITY of BOYNTON BEACH (“MUNICIPALITY”) each
constituting a public agency as defined in Part I of Chapter 163, Florida Statutes.
WITNESSETH:
WHEREAS Section 163.01 of the Florida Statutes, known as the Florida Interlocal Cooperation
Act of 1969, authorized local governmental units to make the most efficient use of their powers by
enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide
services and facilities in a manner and pursuant to forms of governmental organization that will accord
best with geographic, economic, population and other factors influencing the needs and development of
local communities, and
WHEREAS the COUNTY and the MUNICIPALITY are continually identifying more effective
service delivery methods which result in overall savings to the taxpayers of the COUNTY and the State
of Florida; and
WHEREAS the COUNTY has committed to purchase, install and operate a Dialogic
Geographic-based Alert and Notification System (“GeoCast Web”) that meets the needs of Palm Beach
COUNTY Emergency Management and various Palm Beach COUNTY general government agencies
and municipalities ; and
WHEREAS the COUNTY and the MUNICIPALITY have determined that the ability to provide
consistent, timely notifications to staff and associated personnel is critical to the effective and efficient
provision of public safety and general government services; and
WHEREAS it has been determined mutually beneficial to all Parties to execute this Agreement
which sets forth the parameters under which the MUNICIPALITY can directly access the COUNTY’s
Dialogic System, providing the taxpayers of both the COUNTY and the State of Florida the public
safety benefit of consistent and timely geographic-based alerts and notifications; and
WHEREAS Section 163.01, Florida Statutes, permits public agencies to enter into inter local
agreements with each other to jointly exercise any power, privilege or authority which such agencies
share in common and which each might exercise separately.
NOW THEREFORE in conjunction with the mutual covenants, promises and representations
contained herein, the parties hereto agree as follows:
SECTION 1: PURPOSE
1.01 The purpose of this Agreement is to set forth the parameters under which the COUNTY will
make access to its Dialogic System available to the MUNICIPALITY. This Agreement
identifies the conditions of use, the cost of access and on-going use, and the ability of the
MUNICIPALITY to participate in the operational decisions relating to the Dialogic System.
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1.02 Definitions
1.021 Dialogic Alert: A Geographic-based callout to alert citizens and visitors of an imminent
threat to life or property, or an instruction to take immediate protective action. An
example of a Dialogic Alert would be an evacuation order.
1.022 Dialogic Notification: A Geographic-based callout to notify citizens and visitors of
important or useful information. An example of a Dialogic Notification would be a call
notifying a citizen of a license expiration.
1.023 Dialogic System: The Dialogic Geographic-based Alert and Notification System funded,
purchased, installed, maintained, and owned by the COUNTY. The system includes a
computer server, the GeoCast web software, an ArcIMS license, the Dialogic
Communicator NXT 9.2 server, 58 telephone lines, and geocoded maps.
1.024 Dialogic System Administrator: An employee with the Emergency Management
Division of the COUNTY’s Department of Public Safety responsible for day to day
administration and management of the Dialogic System and the COUNTY’s designated
contact person pursuant to various sections of this Agreement.
1.025 Agreement: This Agreement, including any amendments or supplements hereto,
executed and delivered in accordance with the terms hereof.
SECTION 2: ADMINISTRATION OF THE COUNTY DIALOGIC SYSTEM AND USE
PROCEDURES
2.01 The Palm Beach COUNTY Division of Emergency Management is responsible for administering
the Dialogic system. Within the Emergency Management Division a position entitled “911
Specialist/Dialogic /Dialogic System Administrator” will be the MUNICIPALITY’s day to day
contact and can be reached at 561-712-6327. The Division of Emergency Management is staffed
from 8:00am to 5:00pm, Monday through Friday, excluding COUNTY holidays. After hours
emergency contact will be made through the Emergency Management Division’s COUNTY
Warning Point at 561-712-6428 and the COUNTY Warning Point will notify the on-call
Emergency Management Division personnel.
2.02 The MUNICIPALITY shall follow all policies, procedures, and standard operating procedures in
place at the time of this Agreement, as well as those developed in the future and issued to the
MUNICIPALITY by the Dialogic System Administrator. The MUNICIPALITY agrees to
comply with any enforcement actions required by these policies and procedures for misuse or
abuse of the COUNTY Dialogic system.
SECTION 3: DIALOGIC GEOGRAPHIC-BASED ALERT AND NOTIFICATION DIALOGIC
SYSTEM MAINTENANCE PROGRAM
3.01 The Dialogic Geographic-based Alert and Notification System consists of a computer server, the
GeoCast web software, an ArcIMS license, the Dialogic Communicator 9.2 server, 58 telephone
lines, and geocoded maps.
3.02 The COUNTY will perform and coordinate routine and preventative maintenance on the
Dialogic System according to its established procedures. This maintenance includes trouble
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shooting and making all repairs on a 24/7/365 basis as well as performing preventative
maintenance on the entire Dialogic System including, but not limited to, server equipment and
databases associated with the Dialogic System, but not including MUNICIPALITY equipment.
COUNTY will coordinate with Dialogic Corp., the equipment and software Dialogic System
proprietary entity, the maintenance and troubleshooting beyond the COUNTY’s control and in
the control of Dialogic Corp. as per the COUNTY/Dialogic Corp. maintenance agreement.
SECTION 4: MUNICIPALITYRESPONSIBILITIES AND EQUIPMENT
4.01 The MUNICIPALITY equipment will consist of a designated computer(s) connected to the
Internet, each equipped with a web browser. The MUNICIPALITY shall be required to maintain
its equipment in proper operating condition and ensure a functioning Internet connection to
access the Dialogic system. The MUNICIPALITY shall be solely responsible for maintenance
of its computers, web browsers, and Internet-connectivity.
4.02 Within 15 days of the execution of this Agreement, the MUNICIPALITY shall provide the
COUNTY with a single MUNICIPALITY Representative in writing who shall be the
MUNICIPALITY’s single point of contact for matters relating to this Agreement.
4.03 Within 15 days of the execution of this Agreement, the MUNICIPALITY shall provide the
COUNTY in writing with a list of person/positions who are authorized to utilize the Dialogic
System on behalf of the MUNICIPALITY, under the authority of the MUNICIPALITY
Representative.
4.04 The MUNICIPALITY shall receive certain access codes to the COUNTY’s Dialogic System and
shall be responsible for safe guarding the code information from release to unauthorized parties.
The MUNICIPALITY shall be responsible for notifying the Dialogic System Administrator prior
to, or within 2 hours of terminating employees or commercial service providers which had
knowledge of the access codes so that the access codes can be modified and the Dialogic System
secured.
4.041 Service staff directly employed by the MUNICIPALITY shall be considered authorized
to receive access codes for maintenance of the MUNICIPALITY’s connection to the
Dialogic system.
4.042 Commercial service providers are not considered authorized to receive access codes for
the COUNTY dialogic system. Agencies or departments that plan to use commercial
services for subscriber maintenance must include confidentiality requirements in their
contracts with the commercial service providers. These requirements must be reviewed
and approved (which approval will not unreasonably be withheld) by the Dialogic System
Administrator and the COUNTY Attorney’s Office prior to the MUNICIPALITY
executing its contract with a commercial Dialogic System provider.
4.05 The MUNICIPALITY is solely responsible for the performance and operation of the
MUNICIPALITY’s equipment and any damages or liability resulting from the use thereof.
Should the COUNTY identify malfunctioning MUNICIPALITY -owned equipment, the
COUNTY will notify the MUNICIPALITY Representative and the MUNICIPALITY shall
discontinue use of the specific equipment until repairs are completed. The COUNTY may, after
proper notification, disable the connection of the equipment to the Dialogic System after
properly notifying the MUNICIPALITY in writing if the equipment is causing problems with the
Dialogic system.
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4.06 Nothing in this Agreement shall represent a commitment by the COUNTY or shall be construed
as intent by the COUNTY to fund any portion of the MUNICIPALITY’s Equipment or Internet
connectivity.
SECTION 5: DIALOGIC SYSTEM, ACCESS AND USAGE CHARGE
5.01 The MUNICIPALITY has paid a one-time fee of $3,000.00 (Three Thousand Dollars) to the
Dialogic Communications Corporation for creation of a database for the MUNICIPALITY.
5.02 The MUNICIPALITY will be assessed an annual access and usage charge in the amount of
$4000.00 (Four Thousand Dollars). The annual access and usage charge may be reviewed every
three (3) years beginning October 2013 and adjusted for the following fiscal year by notice to the
MUNICIPALITY by the COUNTY’s Division of Emergency Management. This adjusted fee
will be applicable for the upcoming fiscal year and will automatically become part of this
st
Agreement on October 1 of the applicable year.
5.03 If the effective date of this Agreement is between October 15th and September 30th, the
MUNICIPALITY will be charged pursuant to section 5.02. This charge will not be prorated.
5.04 The MUNICIPALITY agrees that in the event of any termination of the Agreement, the annual
access and usage charge shall not be reimbursed.
SECTION 6: BILLING SCHEDULE
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6.01 Each November 15, the COUNTY will invoice the MUNICIPALITY for the annual access and
usage charge, in the amount of the charge described in Section 5.02.
6.02 Upon receipt of any invoice, the MUNICIPALITY will immediately review same and report any
discrepancies to the COUNTY within 10 days of receipt. Payment will be due to the COUNTY
within 30 days of receipt of the invoice. Payments shall be sent to:
Public Safety Department
Finance Director
20 S. Military Trail
West Palm Beach, FL 33415
Attn: Alert and Notification Interlocal Agreement # ______, Invoice #________
SECTION 7: COUNTY RESPONSIBILITIES
7.01 The COUNTY shall be responsible for the maintenance and operation of the Dialogic system.
The COUNTY shall notify the MUNICIPALITY Representative in advance of scheduled
maintenance which impacts the users of the Dialogic System and shall respond to emergencies in
the time frames and according to the procedures identified.
7.02 The COUNTY shall be responsible for all costs and fees associated with the operation of the
Dialogic system.
7.03 The COUNTY shall be responsible for the management of all payments made pursuant to
Section 5.
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7.04 The COUNTY shall maintain access to the Dialogic System throughout the term of this
Agreement except for times of scheduled preventative maintenance, where it will be required to
disable access to the Dialogic System for a pre-determined length of time or during times of
Dialogic System failures.
7.05 The COUNTY will provide notification of Dialogic System problems and time for Dialogic
System restoration to the MUNICIPALITY Representative or designee if access to the Dialogic
System will be inaccessible for more than two hours.
SECTION 8: IMDEMNIFICATION AND LIABILITY
8.01 Governmental Agencies:
Both the COUNTY, through its PUBLIC SAFETY DEPARTMENT, and the MUNICIPALITY,
as state agencies or subdivisions of the state, as defined in Section 768.28, F.S. agrees to be fully
responsible to the limits set forth in Section 768.28, F.S. for their own negligent acts which result
in claims or suits against each party respectively and agrees to be liable to the limits set forth in
Section 768.28, F.S., for any damages caused by said acts. Nothing herein shall be construed as
a waiver of sovereign immunity by either the COUNTY, through its PUBLIC SAFETY
DEPARTMENT or the MUNICIPALITY.
8.02 The COUNTY makes no representations about the design and capabilities of the COUNTY
Dialogic System. The MUNICIPALITY has decided to enter into this Agreement and use the
COUNTY’s Dialogic System based on its review of the Dialogic System design, Dialogic
System capability, manufacturing and install details contained in the COUNTY’s contract with
Dialogic Communications Corporation and subsequent testing data that may exist. The
COUNTY agrees to use its best efforts to provide the MUNICIPALITY with the use of the
Dialogic System described in this Agreement, but makes no guarantee as to the continual,
uninterrupted use of the Dialogic Geographic-based Alert and Notification Dialogic system, or
its fitness for the alert and notification needs of the MUNICIPALITY.
8.03 Neither the COUNTY or the MUNICIPALITY shall be liable to each other and for any third
party claim, which may arise out of the services provided hereunder or of the alert and
notification Dialogic System itself, its operation or use, or its failure to operate as anticipated,
upon whatever cause of action any claim is based. The Dialogic System is designed to assist
qualified governmental and emergency service professionals. It is not intended to be a substitute
for the exercise of judgment or supervision of those professionals.
8.04 The terms and conditions of this Agreement incorporate all the rights, responsibilities, and
obligations of the parties to each other. The remedies provided herein are exclusive. The
COUNTY and the MUNICIPALITY waive all remedies, including, but not limited to,
consequential and incidental damages.
SECTION 9: OWNERSHIP OF ASSETS
Section 4
All assets and services maintained under of this Agreement will remain assets of the
MUNICIPALITY at all times. Parts incorporated into assets owned by the MUNICIPALITY
will immediately become a part of the asset and will be the property of the MUNICIPALITY.
All other assets involved in the Dialogic System will remain the COUNTY’s, despite the
MUNICIPALITY’s financial contribution to their maintenance, renewal and replacement.
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SECTION 10: TERMS OF AGREEMENT AND AUTOMATIC RENEWAL
The initial term of this Agreement is for three (3) years and shall commence upon the date the
Agreement is filed with the Clerk of the Circuit Court as provided in Sec.17. Herein, after
execution by all entities joining in the Agreement and the Board of COUNTY Commissioners.
The Agreement will be automatically renewed for increments of three (3) year terms thereafter
unless otherwise notified by the MUNICIPALITY and/or the COUNTY.
SECTION 11: AMENDMENTS TO THIS AGREEMENT
This Agreement may be amended from time to time by written amendment only executed by
COUNTY and the MUNICIPALITY.
SECTION 12: TERMINATION
This Agreement may be terminated by either party with or without cause. Any termination shall
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be effective only on October 1 of any given year and shall be conditioned upon a minimum of
six months notice.
SECTION 13: ANNUAL BUDGET APPROPRIATIONS
The COUNTY and MUNICIPALITY’s performance and obligations for payment pursuant to
this Agreement are contingent upon annual appropriation for its purpose by the COUNTY and
the MUNICIPALITY.
SECTION 14: NOTICES
Any notice given pursuant to the terms of this Agreement shall be in writing and via Certified
Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt as
evidenced by the Return Receipt. All notices shall be addressed to the following:
As to the COUNTY:
COUNTY Administrator
301 North Olive Avenue
West Palm Beach, FL 33401
Director, Public Safety Department
20 S. Military Trail
West Palm Beach, FL 33415
With copy to:
Dialogic System Administrator
20 S. Military Trail
West Palm Beach, FL 33415
COUNTY Attorney’s Office
301 North Olive Avenue
West Palm Beach, FL 33401
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As to the MUNICIPALITY:
________________ (City Manager)
________________
________________
________________
SECTION 15: APPLICABLE LAW/ENFORCEMENT COSTS
This section shall be governed by the laws of the State of Florida.
SECTION 16: EQUAL OPPORTUNITY PROVISION
The COUNTY and the MUNICIPALITY agree that no person shall, on the grounds of race,
color, sex, national origin, disability, religion, ancestry, marital or familial status, gender identity
and expression or sexual orientation be excluded from the benefits of, or be subjected to, any
form of discrimination under any activity carried out by the performance of this Agreement.
SECTION 17: FILING
An executed copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for
Palm Beach COUNTY, Florida.
SECTION 18: ENTIRE AGREEMENT
This Agreement and any Exhibits attached hereto and forming a part thereof as if fully set forth
herein, constitute all agreements, conditions, and understandings between the COUNTY and
MUNICIPALITY concerning the Dialogic system. All representations, either oral or written,
shall be deemed to be merged into this Agreement. Except as herein otherwise provided, no
subsequent alteration, waiver, change or addition to this Agreement shall be binding upon
COUNTY or MUNICIPALITY unless reduced to writing and signed by them.
SECTION 19: DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or
Statutory duties of COUNTY or MUNICIPALITY officers.
SECTION 20: ACCESS AND AUDITS
Palm Beach County has established the Office of the Inspector General in Ordinance 2009-
049, as may be amended, which is authorized and empowered to review past, present and proposed
County contracts, transactions, accounts and records. The Inspector General has the power to
subpoena witnesses, administer oaths and require the production of records, and audit, investigate,
monitor and inspect the activities of the MUNICIPALITY, its officers, agents, employees, and
lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud.
Failure to cooperate with the Inspector General or interference or impeding any investigation
shall be in violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida
Statutes, in the same manner as a second degree misdemeanor.
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IN WITNESS WHEREOF
, the parties have caused this Agreement to be executed on the day and year
first above written.
APPROVE AS TO FORM AND APPROVED AS TO TERMS AND
LEGAL SUFFICIENCY CONDITIONS
By: ______________________________ By : ____________________________
County Attorney Vincent J. Bonvento
Assistant County Administrator
and Director of Public Safety
ATTEST: City of Boynton Beach
By: ______________________________ Municipal
Attorney
By : ____________________________
Boynton Beach Officials Name
Title
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6. B
CONSENT AGENDA
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-104 - Approve
EQUESTED CTION BY ITY OMMISSION
exercising our option to extend our Banking Services Agreement with Bank of America for an added two
(2) years and authorize the Interim City Manager to sign the new Agreement.
ER: The current Agreement for banking services with Bank of America
XPLANATION OF EQUEST
was initially approved via Resolution R09-011, resulting from RFP No. 008-1410-04/CJD that
expires September 30, 2011.
With the worsening worldwide financial situation, current uncertainties in the banking world,
and the current objective of banks to increase fees, we were able to negotiate lower banking
service costs. Therefore, it was determined in the best interest of the City, to exercise our
option to extend the current Agreement for an additional two (2) year period making the new
expiration date September 30, 2013.
H? All the City’s banking services are
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
currently with Bank of America which is also the bank used by most of our employees. They
provide the City and our employees with excellent service. While being a very large bank, they
provide a local hometown level of service. They demonstrate local commitment to Palm Beach
County through a variety of ways – in the volunteer efforts of their associates and financial
grants to nonprofit partners, which help America’s children and families succeed,
neighborhoods flourish and communities prosper.
FI: Based on a recent month, annualized banking services fees currently
ISCAL MPACT
approximate $23,000. With the extension of the Banking Services Agreement, Bank of America
will
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(1) Keep the same current low rates which are already the lowest in the area and
(2) Give the City free services for the months of October and November 2011.
See the attached letter confirming this offer.
Bank of America’s offer equates to an 8% reduction in fees over the two-year extension period,
but a 16% reduction in FY 2011-2012 when budgets are tighter.
Future costs will vary by the number of City banking transactions that determine the banking
service fees and the interest earnings credit. Bank of America gives the City an interest
earnings credit for monies on deposit which reduces annual costs.
A: Extend the current contract for an additional 6 months while issuing a
Request
LTERNATIVES
and assuming the risks of the current uncertainties in the banking world with the
for Proposals
potential of higher banking service costs.
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE INTERIM CITY MANAGER AND CITY
CLERK TO EXECUTE AN AGREEMENT FOR BANKING
SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND
BANK OF AMERICA, N.A.; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,
the City of Boynton Beach’s banking services are currently with Bank of America
as approved by the City Commission via Resolution 09-011 and which agreement is due to expire
September 30, 2011; and
WHEREAS,
due to the uncertainties in the banking world city staff is recommending that the
City of Boynton Beach’s banking services remain with Bank of America at an amended and reduced rate
of fees; and
WHEREAS
, the City Commission of the City of Boynton Beach, hereby deems it to be in the
best interests of the citizens and residents of the City of Boynton Beach, to approve and authorize the
Interim City Manager to execute a Banking Services Agreement with Bank of America for the City’s
banking services for the period of October 1, 2011 through September 30, 2013.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing “Whereas” clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, hereby approves and
authorizes the Interim City Manager to execute a Banking Services Agreement with Bank of America
for the City’s banking services for the period of October 1, 2011 through September 30, 2013, a copy of
which is attached hereto as Exhibit “A”.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of September, 2011.
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CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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th
THIS AGREEMENT, made and entered into this 20 day of September, 2011, by and between the City of
Boynton Beach, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter
referred to as “City”, and Bank of America, N.A., a State chartered banking institution, herein referred to as
“Bank”.
WITNESSETH:
WHEREAS, the City is desirous of extending its current Agreement with the Bank entered into on February 3,
2004 to provide the City’s banking services; and
WHEREAS, the City and the Bank renegotiated and lowered certain fees charged by the Bank to provide such
banking services;
WHEREAS, the Bank is providing a two month analysis credit for two consecutive months (October and
November 2011) to extend the current Agreement through September 30, 2013.
NOW THEREFORE, in consideration of the premises and of the mutual covenants and promises herein
contained, the parties hereto agree as follows:
1.TIME FOR PERFORMANCE: The performance of the Agreement shall commence October 1, 2011 and shall
remain in effect through September 30, 2013. Any proposed changes by the Bank relating to the extension will be
provided to the City 90 days prior to the contract expiration date.
2.SCOPE OF SERVICES: The Bank agrees to provide the services specified, with qualified personnel, and at the
costs specified in its proposal to the City dated October 30 2003, (except those renegotiated and attached as Exhibit
“A”) incorporated by reference herein and made a part hereof as fully as if herein set forth. The Bank hereby
acknowledges submitting renegotiated prices attached as Exhibit “A” and said proposal in response to the City’s
Request for Proposal for Banking Services. Said Request for Proposal for Banking Services being incorporated by
reference herein and made a part hereof as fully as if herein set forth.
3.PAYMENT FOR SERVICES: The City agrees to provide payment to the Bank under the following payment
arrangement:
Payment will be made by a “specific charges for service” method. The Bank shall
submit monthly invoices for all services rendered for the preceding month. A
two month analysis credit will be issued for the months of October and
November, 2011. Such invoices shall be accompanied by an Account Analysis for
each account and a summary Account Analysis for all accounts combined which
will itemize all charges. The analysis shall contain, at a minimum, average
daily ledger balance, less float and reserve requirements to arrive at a net
collected balance.
Following the City’s opportunity to review the monthly account analysis, and reconcile any discrepancies, a check
will be issued to the Bank for the approved charges, less any contested charges. There shall be no automatic
debiting of the City’s accounts for service charges.
4. IMPLEMENTING SPECIAL PROVISIONS OF AGREEMENT: Representatives of the parties are hereby
authorized to meet and draft any detailed plans and procedures of operation necessary to effectively
extend this Agreement. Such plans and procedures of operation shall become effective upon acceptance
by the Finance Director, E. Barrett Atwood, Sr., and the Bank. Said plans and procedures of operation
shall be subject to change upon mutual agreement and consent of the parties, which Agreement and
consent shall not be unreasonably withheld or denied.
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5.INDEMNIFICATION: The Bank shall indemnify, defend and hold harmless the City, it officers, elected officials,
agents and employees, from and against any and all claims, actions, losses (including economic losses), or liability,
or any portion thereof, including attorneys fees and costs, arising from any actual or alleged a) injury, sickness,
disease, or death to person, the employees, or damage or injury to property occasioned by a negligent act, omission
or failure of the Bank; b) violation of law, statute, ordinance, governmental administration order, rule, regulation, of
infringement of patent rights by the Bank in the performance of the Scope of Services; or c) liens, claims or actions
make by the Bank or its agents, subsidiaries or other party performing the work.
The indemnification obligations herein shall not be limited by any limitation of the amount, type of damages,
compensation, or benefits payable by or for the Bank under workers’ compensation acts, disability benefit acts, other
employee benefit acts or any statutory bar. Any cost of expenses, including attorney’s fees, incurred by the City to
enforce this Agreement shall be borne by the Bank.
With regard to any financial loss which may be suffered by the City as a result of or due to intentional or negligent
acts of commission or omission by the Bank, the Bank hereby agrees to reimburse and hold harmless the City for
such loss.
6. INSURANCE: The Bank shall secure and maintain in force throughout the duration of this all required
insurance as set forth in the Bank’s Response to Request for Proposal for Banking Services being
incorporated by reference herein.
Each insurance policy shall name the City of Boynton Beach as an additional named insured and the
insurance provider shall endeavor to notify the City prior to cancellation of said policy upon thirty (30)
days prior written notice to the City. Certificates of coverage as required by this section shall be delivered
to the City within fifteen (15) days of execution of this Agreement.
7. CONVENANT AGAINST CONTINGENT FEES: The Bank warrants that they have not employed or
retained any company or person, other than a bonafide employee working solely of the Bank, to solicit or
secure this Agreement, and that the Bank has not paid or agreed to pay any company or person, other
than a bonafide employee working solely for the Bank, a fee, commission, percentage, brokerage fee,
gifts, or any other consideration contingent upon or resulting from the award or making this Agreement.
For breech or violation of this warranty, the City shall have the right to annul this Agreement without
liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. DISCRIMINATION PROHIBITED: The Bank, 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 and supplies.
9. ASSIGNMENT: The Bank shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the City.
10. 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.
11. TERMINATION: The City reserves the right to terminate this Agreement at any time by giving 30 (thirty)
days written notice to the Bank.
12. DISPUTES: Any dispute 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. Any and all legal action
necessary to enforce the Agreement will be held in Palm Beach County, Florida.
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13. NOTICES: Notices to the City of Boynton Beach shall be sent to the following address:
CITY OF BOYNTON BEACH
100 EAST BOYNTON BEACH BLVD.
BOYNTON BEACH, FLORIDA 33435-3838
ATTN: E. BARRETT ATWOOD, SR., DIRECTOR OF FINANCE
Notices to THE Bank shall be sent to the following address:
BANK OF AMERICA, N.A.
625 NORTH FLAGLER DRIVE, 10TH FLOOR
WEST PALM BEACH, FLORIDA 33401-4025
ATTN: SEAN SILVERBUSH, VICE PRESIDENT
Changes in the respective addresses to which such notice may be directed may be made from time to
time by any party by written notice to the other party. Facsimile is acceptable notice effective when
received; however facsimiles received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be
deemed received on the next business day. The original of the notice must also be mailed as required
herein.
14. INTEGRATED AGREEMENT: This Agreement, together with the Umbrella Agreement, (2) Bank's
Treasury Terms and Conditions booklet (including user documentation and set-up forms) negotiated by
the parties and executed by the City on December 31, 2002; (3) the Bid Response dated October 30,
2004 and (4) the RFP, represents the entire and integrated agreement between the City and the Bank
and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement
may be amended only by written instrument signed by both the City and the Bank.
15. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect
the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall
be deemed severed from the Agreement and the balance of the Agreement shall be construed and
enforced as if the Agreement did not contain the particular portion or provision held to be void. The
parties further agree to reform the Agreement to replace any stricken provision with a valid provision that
comes as close as possible to the intent of the stricken provision.
16.This integrated Agreement constitutes the entire agreement and understanding between the parties hereto with
respect to the subject matter hereof, and any representatives or statements heretofore made with respect to such
subject matter, whether verbal or written, are merged herein.
17.This Agreement shall be construed in accordance with the laws of the State of Florida and any remedies of the
parties pertaining thereto shall likewise be governed by said laws.
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IN WITNESS WHEREOF, the parties hereto, by and through their duly authorized officials, have executed this
Agreement as of the day and year first above written.
DATED this 20th of September, 2011
CITY OF BOYNTON BEACH BANK OF AMERICA, N.A.
_________________________ ______________ _________________________ _________
City Manager Date Authorized Representative Date
_________________________ ______________
City Attorney Date
_________________________ ______________
City Clerk Date
(Corporate Seal)
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6. C
CONSENT AGENDA
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Accept the written report to the Commission for purchases
EQUESTED CTION BY ITY OMMISSION
over $10,000 for the month of August 2011.
ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to
XPLANATION OF EQUEST
competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City
Manager’s absence, the Acting City Manager is authorized to execute a purchase order on
behalf of the City for such purchases under the $25,000 bid threshold for personal property,
commodities, and services, or $75,000 for construction. The City Manager shall file a written
report with the City Commission at the second Commission meeting of each month listing the
purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the
purchases for August 2011:
Purchase Order Vendor Amount
110875 Intercounty Engineering $ 38,933.51
110882 Dell Marketing $ 15,830.54
110915 The Airtex Corporation $ 43,748.00
110914 E.H. Wachs $ 24,935.18
110930 Mathews Consulting $ 24,837.00
H? Ordinance No.01-66, Chapter 2, Section
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
2-56.1 assists departments in timely procurement of commodities, services, and personal
property. Administrative controls are in place with the development of a special processing
form titled “Request for Purchases over $10,000” and each purchase request is reviewed and
approved by the Department Director, Purchasing Agent, and City Manager.
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FI: This Ordinance provides the impact of reducing paperwork by streamlining
ISCAL MPACT
processes within the organization. This allows administration to maintain internal controls for
these purchases, reduce the administrative overhead of processing for approval, and allow for
making more timely purchases.
A: None
LTERNATIVES
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6. D
CONSENT AGENDA
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-105 - Approve
EQUESTED CTION BY ITY OMMISSION
recommendation and Addendum to Broker Contract to extend the Brokerage Services agreement with
Public Risk Insurance Agency for a year beginning 09/18/11 to 09/17/12 in the annual amount of
$12,000 for insurance broker services and insurance policy coverages for automobile and equipment
breakdown.
ER: During the 2011 Florida Legislative Session, changes were made
XPLANATION OF EQUEST
to the Florida Statutes 768.28, changing the sovereign immunity limits for public entities.
These were changed from $100,000/$200,000 to $200,000/$300,000, effective October 1,
2011. The anticipated liability claims and litigation activities and costs are undetermined at this
time. It is recommended that the City extend the current agreements and policies for the
period of 09/18/11 to 09/17/12, to determine the impact of this change prior to going through a
Request for Proposal process.
Negotiations have been conducted with the incumbent insurance providers through the
incumbent insurance broker.
The negotiated rate with the incumbent insurance provider for Automobile Liability would
remain the same for the period of 09/18/11 to 09/17/12 as from FY 2010/2011. The
Automobile Physical Damage was negotiated for a -2.31% decrease.
The negotiated rate with the incumbent insurance provider for Equipment Breakdown was
decreased by 34%.
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The negotiated rate with the incumbent insurance broker is remaining the same as set for the
last three years. They have agreed to keep the current rate which is two-thirds of their normal
contracted rate.
The following is a breakdown of rates and premiums:
Service Provided Provider FY 2010/2011 FY 2011/2012
Broker Fee Public Risk Ins. Agency $12,000 $12,000
Auto Liability PGIT $100,953 $100,953
Auto Physical Damage PGIT $66,328 $66,273
Equipment Breakdown Hartford Steam Boiler $12,631 $8,328
TOTAL $191,912 $187,554
H? This will maintain the current program
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
with the current providers. There will be no change in claims or policy administration. This
item will go back out to bid as an RFP next year.
FI: The rates and premiums identified are within the budgeted line items affected
ISCAL MPACT
by these business insurance lines. The 2009/10 premium was $213,151 with a Consulting Fee
of $12,000. The 2010/11 premium was $167,281 with a Consulting Fee of $12,000.
A: Failure to approve these recommendations will result in the City assuming full
LTERNATIVES
risks for these insurance lines of business; whereas, renewal of the current program transfers
risk to insurance companies in excess of established self-insured retentions and deductibles.
Agenda Cover Sheet PRIA.doc
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AN ADDENDUM TO BROKER
AGREEMENT FOR THE ONE YEAR RENEWAL TO
CONTRACT WITH PUBLIC RISK INSURANCE AGENCY
FOR INSURANCE BROKER SERVICES IN THE AMOUNT OF
$12,000 FOR THE YEAR; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,
on September 18, 2008, the City Commission of the City of Boynton Beach
awarded a Broker Agreement to the Public Risk Insurance Agency for Broker Services for the
Renewal of the Current Insurance Programs (RFP #065-1610-08/JA) in the annual amount of
$12,000.00; and
WHEREAS,
that Broker Agreement has been extended one time for a two year period from
September 18, 2009 to September 17, 2011; and
WHEREAS,
staff is recommending approval of an Addendum to Broker Agreement for
renewal of the Annual Contract for Brokerage Services for the Renewal of the current insurance
programs for one additional year in the amount of $12,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves
the Addendum to Broker Agreement for a one year renewal of the Agreement with Public Risk
Insurance Agency for insurance broker services in the amount of $12,000.00 per year, a copy of which
is attached hereto as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of September, 2011.
CITY OF BOYNTON BEACH
___________________________
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Mayor – Jose Rodriguez
____________________________
Vice Mayor – William Orlove
____________________________
Commissioner – Woodrow L. Hay
____________________________
Commissioner – Steven Holzman
____________________________
Commissioner – Marlene Ross
ATTEST:
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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ADDENDUM TO BROKER AGREEMENT FOR
“ANNUAL CONTRACT FOR BROKERAGE SERVICES FOR THE RENEWAL OF THE
CURRENT INSURANCE PROGRAMS”
This Addendum shall take effect on signature by both parties.
THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter
referred to as "CITY",
and
PUBLIC RISK INSURANCE AGENCY, a Florida corporation, hereinafter referred to as
“BROKER”
WITNESSETH:
1.The Broker Agreement between the CITY and the BROKER entered into the 12th day of
November, 2008 is amended as follows:
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, CITY and BROKER agree as follows:
Section 3.
TIME FOR PERFORMANCE. Work under this contract shall commence
September 18, 2011 thru September 17, 2012.
2.All other terms and conditions of the Agreement not specifically amended shall remain in full
force and effect for the balance of the term of the agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year
first written above.
CITY
BY:____________________________
Lori LaVerriere, Interim City Manager
ATTEST: APPROVED AS TO FORM:
___________________ __________________________
Janet M. Prainito, MMC James A. Cherof, City Attorney
City Clerk
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared Lori LaVerriere, as Interim City Manager of the City of Boynton Beach, Florida,
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and acknowledged she executed the foregoing Agreement for the use and purposes mentioned in it, and
that the instrument is her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this ___ day of _______ 2011.
_____________________________
NOTARY PUBLIC
My Commission Expires:
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PUBLIC RISK INSURANCE AGENCY
WITNESSES:
_________________ BY:__________________________
_______________________
_________________ (Print Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared ____________________, and acknowledged he/she executed the foregoing
Agreement for the use and purposes mentioned in it, and that the instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this ___ day of _______ 2011.
_______________________________
NOTARY PUBLIC
My Commission Expires:
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6. E
CONSENT AGENDA
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-106 - Approve
EQUESTED CTION BY ITY OMMISSION
policy for implementing the Governmental Accounting Standards Board's Statement No. 54 - Fund
Balance Reporting and Governmental Fund Type Definitions.
ER: Local Governments are required to implement the new
XPLANATION OF EQUEST
Governmental Accounting Standards Board (GASB) Statement No. 54 – Fund Balance
(GASB 54) by the end of Fiscal Year
Reporting and Governmental Fund Type Definitions
2010-2011. This item is being brought before the City Commission to formally adopt the City’s
definitions of reported fund balances, and to update the City’s Financial Policies, as necessary.
This new standard does not change the total amount of given fund balance, but substantially
alters the categories and terminology used to describe the components that make up a fund
balance.
H? There is no direct fiscal impact of
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
implementing GASB No. 54. The amounts reported as the total fund balance in any given fund
are not altered. Only the reporting of the individual components that make up total fund
balance will change. These new classifications are required to be used on external formal
financial reporting documents, such as the Comprehensive Annual Financial report (CAFR).
FI: None
ISCAL MPACT
A: Do not approve policy and not be in compliance with Governmental
LTERNATIVES
Accounting Standards for Reporting and Fund Type Definitions.
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RESOLUTION NO. R11-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA ESTABLISHING THE FINANCIAL
POLICY FOR IMPLEMENTING THE GOVERNMENTAL
ACCOUNTING STANDARDS BOARD’S STATEMENT NO. 54 –
FUND BALANCE REPORTING AND GOVERNMENTAL FUND
TYPE DEFINITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the Governmental Accounting Standards Board (GASB) is the independent
organization that establishes and improves standards of accounting and financial reporting for U.S. state
and local governments; and
WHEREAS
, the City intends to comply with requirements set out by the Governmental
Accounting Standards Board (GASB); and,
WHEREAS
, GASB Statement No. 54 sets out new definitions of fund balance and new
accounting rules for display of the various types of fund balances within “Governmental” funds; and
WHEREAS
, GASB Statement No. 54 – Fund Balance Reporting and Governmental Fund Type
Definitions requires formalizing and establishing levels of authority;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2.
That the Financial Policy for the Governmental Accounting Standards Board’s
(GASB’s) Statement No. 54 – Fund Balance Reporting and Governmental Fund Type Definitions be,
and hereby is, approved and that a true and accurate copy of said policy is attached hereto as Exhibit
“A” and incorporated herein by reference as though set out herein
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _________ day of September, 2011.
CITY OF BOYNTON BEACH, FLORIDA
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____________________________
Mayor – Jose Rodriguez
____________________________
Vice Mayor – William Orlove
____________________________
Commissioner – Woodrow L. Hay
____________________________
Commissioner – Steven Holzman
____________________________
Commissioner – Marlene Ross
ATTEST:
________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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CITY OF BOYNTON BEACH
FINANCIAL SERVICES DEPARTMENT
MEMORANDUM
To:
Lori LaVerriere, Interim City Manager
From:
E. Barrett Atwood, Sr. Director of Financial Services
Date:
September 1, 2011
Subject:
Adopt Fund Balance Policy for Governmental Funds In Accordance With GASB Statement No. 54
Fiscal Implications:
There is no direct fiscal impact of implementing GASB No. 54. The amounts reported as the total fund
balance in any given fund are not altered. Only the reporting of the individual components that make up
total fund balance will change. These new classifications are required to be used on external formal
financial reporting documents, such as the Comprehensive Annual Financial report (CAFR).
“The New Fund Balance”, by Stephen J .Gauthier
Terminology: :
Fund =
a tool that accountants use to segregate resources related to specific activities. Comparative to a
business that operates multiple lines of business providing segment disclosures. Additionally,
governmental funds are designed to focus on near-term liquidity.
Fund Balance
= the difference between the assets and liabilities reported in a governmental fund. It is
important to note that this is more a measure of liquidity than net worth. As an approximate measure of
liquidity, fund balance is similar to the working capital of a private-sector business.
Background:
Governmental Accounting Standards Board
Local governments are required to implement the new
(GASB) Statement No. 54 – Fund Balance Reporting and Governmental Fund Type Definitions
(GASB
54) by the end of Fiscal Year 2010-2011. This item is being brought before the City Commission to
formally adopt the City’s definitions of reported fund balances, and to update the City’s Financial
Policies, as necessary. This new standard does not change the total amount of given fund balance, but
substantially alters the categories and terminology used to describe the components that make up a fund
balance.
Overview of a Fund Balance Policy
What Everyone Needs to
As discussed in the Government Finance Officers Associations’ publication
Know About the New Fund Balance
, the purpose of a fund balance policy is to ensure that there will be
adequate liquid resources to serve as a financial cushion. This minimum level provides a financial
cushion to protect the City from unforeseen events. Only unrestricted fund balance is relevant to a fund
balance policy as nonspendable and restricted fund balances are not in a form or otherwise free from
externally enforceable restrictions that allows them to be used for this purpose. The existence of
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externally enforceable restrictions on how fund resources can be used reduces or eliminates entirely their
value for this purpose. Accordingly, a fund balance policy ought to focus on Unrestricted Fund Balance
in the General Fund, which can be defined as:
Total fund balance
Less: Nonspendable fund balance
Less: Restricted fund balance
Unrestricted fund balance
Fund Balance Policy requirements include;
unrestricted
The order in which resources are to be used when any of these amounts are
available for expenditure should be established by the City Commission. If the City does not
unrestricted
establish a policy, the default approach assumes that fund balances are expended
in the following order: Committed amounts reduced first, followed by assigned amounts and
then unassigned amounts. Staff did not believe the default approach would be the preference
of the City Commission and therefore the financial policies outline that the unassigned
amounts will be used before assigned fund balances, and committed amounts are only
depleted by specific action of the City Commission.
Defining the bodies or person(s) with authority to express intended uses that result in
assigned funds.
If a stabilization arrangement is applicable, define in specific detail the resources committed
and circumstances that define the use of funds - “emergencies” or “revenue shortage” for
example is not specific enough for GASB 54. This arrangement may create a special
revenue fund but most likely would be reported in the general fund as committed.
Minimum Balance Policy includes;
The appropriate level of unrestricted fund balance (committed, assigned and
o
unassigned) to be maintained in the general fund.
The circumstances in which unrestricted fund balance can be “spent down”.
o
The policy/procedure for replenishing deficiencies.
o
Additionally, GASB 54 clarifies the definition of and language used to describe, special revenue and
capital projects fund types.
Special revenue funds may only be established around one or more revenue source(s) that
is/are restricted or committed to a specific purpose other than capital projects or debt
service.
Capital projects funds were previously described as only to be used to account for the
acquisition or construction of major capital facilities. Due to constituent feedback,
GASB broadened the definition to encompass capital outlays in general to better capture
the breath of capital activities in today’s environment.
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CITY OF BOYNTON BEACH, FLORIDA
FUND BALANCE POLICY
PURPOSE
To establish a fund balance policy tailored to the needs of the City of Boynton Beach (the
“City”) to establish a level of funding that protects against unanticipated events that would
adversely affect the financial condition of the City and jeopardize the continuation of necessary
public services. This policy will ensure the City maintains adequate fund balance and reserves in
the City’s governmental funds to provide the capacity to: (1) provide sufficient cash flow for
daily financial needs, (2) secure and maintain investment grade bond ratings, (3) offset
significant economic downturns or revenue shortfalls, (4) provide funds for unforeseen
expenditures related to emergencies.
POLICY
The City hereby established and will maintain reservations of Fund Balance, as defined herein, in
accordance with Governmental Accounting and Financial Standards Board Statement No. 54
Fund Balance Reporting and Governmental Fund Type Definitions
. This policy shall apply to
the City’s General Fund and all governmental funds. Fund Balance shall be composed of
restricted, committed, assigned, non-spendable and unassigned amounts.
Fund Balance information is used to identify the available resources to repay long-term debt,
reduce property taxes, add new governmental programs, expand existing ones, or enhance the
financial position of the City, in accordance with policies established by the City Commission.
DEFINITIONS/GENERAL INFORMATION
Fund Balance –
The cumulative difference of all revenues and expenditures from the
government’s creation. It can also be considered to be the difference between fund assets and
fund liabilities, and can be known as fund equity.
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Restricted Fund Balance
– Amounts that have externally enforceable limitations on use. These
amounts are constrained to specific purposes by their providers (such as grantors, bondholders,
and higher levels of government). Restrictions may be changed or lifted only with the consent of
the resource providers.
Committed Fund Balance –
Amounts that have self imposed limitations, established through
actions of the City Commission, the City’s highest level of decision making authority, set in
place prior to the end of the period. These amounts cannot be used for any other purpose unless
the City Commission takes the same action to remove or change the constraint.
Assigned Fund Balance –
These are amounts that the City intends to use for a specific purpose;
the intent shall be expressed by City Commission or by a City official or other Board to which
the City Commission delegates that authority.
Non-Spendable Fund Balance
– Amounts that are inherently not spendable because of their
form such as inventory or are required to be maintained intact principal of an endowment fund.
Unassigned Fund Balance –
The residual classification for the general fund and includes
amounts that are not contained in the other classifications. Unassigned amounts are the portion
of fund balance which is not obligated or specifically designated and are available for any
purpose.
MINIMUM LEVEL OF UNASSIGNED FUND BALANCE
The City will maintain a diversified and stable revenue system that will equally allocate the
burden of supporting all services and protect the City from short-term fluctuations in any one
revenue source.
The City will project revenues on a conservative basis so that actual revenues will consistently
meet or exceed budgeted revenues.
The General Fund Unassigned fund balance, at year end, will range between ten and twenty
percent of the following year’s budgeted expenditures. In any fiscal year where the City is
unable to fund the minimum reservation of fund balance as required in this section, the City shall
not budget any amount of unassigned fund balance for the purpose of balancing the budget.
General Fund – Restricted Fund Balance
There are no restricted fund balance reserves in the General Fund.
General Fund – Committed Fund Balance
The City hereby establishes the following committed fund balance reserves in the General Fund :
a. Emergency Operating Reserve
In order to provide the resources necessary to ensure continued operations of the City should a
natural disaster or significant change in the weather pattern occur, the City shall establish and
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maintain an operating reserve fund within the general fund. The amount shall be 10% of the
following year’s projected budgeted expenditures as a result of the annual budget process.
General Fund – Assigned Fund Balance
The City hereby establishes the following assigned fund balance reserves in the General Fund.
a. Assignment to Subsequent Year’s Budget
The subsequent year’s budget fund balance reserve is assigned by City management as set forth
in the annual budget (and any amendments thereto) to appropriate a portion of existing
unassigned fund balance to eliminate a projected deficit in the subsequent year’s budget in an
amount no greater than the projected excess of expected expenditures over expected revenues.
General Fund – Non Spendable Fund Balance
The City hereby establishes the following non spendable fund balance reserves in the General
Fund.
a. Inventory Reserve
The inventory fund balance reserve is established to indicate those amounts relating to
inventories that are not in spendable form.
BUDGETING
APPROPRIATION OF UNRESTRICTED FUND BALANCE
committed fund balance, assigned fund
The actual amount of unrestricted fund balance (total of
balance and unassigned fund balance
) is not known until the completion of the annual audit
which takes place between three to six months after the end of the fiscal year being audited.
estimated beginning fund
However, an estimate of unrestricted fund balance (also called
balance
) must be made during the annual budget adoption process (July through September)
th
which is prior to the end of the fiscal year, September 30.
ESTIMATED BEGINNING FUND BALANCE.
In order to achieve the most accurate estimate possible, the City Manager or Finance Director
shall project both Sources of Funds (revenues, prior years unrestricted fund balances carried
forward and other financing sources) and Uses of Funds (operating and non-operating
th
expenditures), including accruals, through September 30of the then current fiscal year. These
projections will be shown in a separate column entitled “Estimated Actual”. The difference
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between the estimated actual sources of funds and estimated actual uses of funds is the calculated
estimated beginning fund balance for the subsequent fiscal year
ESTIMATED ENDING FUND BALANCE
For the year being budgeted, a calculation of estimated ending fund balance shall also be made.
This calculation shall be the difference between the budgeted sources of funds and the budgeted
uses of funds as described above.
If, after the annual audit, the actual general fund unassigned fund balance is greater than two
months of operating expenditures in the general fund, the excess may be used in one or a
combination of the following ways:
a) Left in the general fund to earn interest and roll forward into the subsequent year’s
beginning fund balance;
b) Appropriated by resolution of City Commission for a one-time expenditure or
opportunity that does not increase recurring operating costs;
c) Committed to establish or increase a formal stabilization arrangement or reserve
(including but not limited to economic stabilization, contingency reserves or disaster
reserves); or
d) Appropriated for start-up expenditures of new programs undertaken at mid-year.
SPENDING ORDER OF FUND BALANCES
This policy considers restricted amounts to be spent before unrestricted fund balance when an
expenditure is incurred for purposes for which both restricted and unrestricted (committed,
assigned and unassigned) amounts are available. Similarly, within unrestricted fund balance,
committed, assigned then unassigned amounts, in that order, will be spent when an expenditure
is incurred for a purpose for which amounts in any of those unrestricted fund balance
classifications could be used.
ANNUAL REVIEW AND DETERMINATION OF RESERVE AMOUNTS
Compliance with the provisions of this policy shall be reviewed as a part of the annual budget
adoption process, and the amounts of restricted, committed and unassigned fund balance shall be
determined as part of the annual process.
ADDITIONAL INFORMATION, REQUIREMENTS/RESPONSIBILITIES
The Director of Financial Services is authorized to evaluate existing fund balance classifications
(designations, reserves and unreserved/undesignated) and reclassify them in accordance with
GASB Statement 54, for implementation effective the fiscal year ending September 30, 2011.
It will be the responsibility of the Director of Financial Services to keep this policy current.
EFFECTIVE DATE
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This Policy shall take effect immediately upon adoption and will be applied beginning with the
preparation of the City’s September 30, 2011 Comprehensive Annual Financial Report and the
City’s Fiscal Year 2011-12 budget.
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6. F
CONSENT AGENDA
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve the minutes from the City Commission regular
EQUESTED CTION BY ITY OMMISSION
meeting held on September 6, 2011
The City Commission met on September 6, 2011 and minutes were prepared from the notes
taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings
be prepared, approved and maintained in the records of the City of Boynton Beach.
H? A permanent record of the actions taken
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
by the City Commission will be maintained as a permanent record.
FI: N/A
ISCAL MPACT
A: N/A
LTERNATIVES
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6. G
CONSENT AGENDA
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-107 - Approve the
EQUESTED CTION BY ITY OMMISSION
award for the Victims of Crime Act (VOCA) grant in the amount of $55,854 for the FY 2011/2012 funding
cycle.
ER:
XPLANATION OF EQUEST
The Police Department has been awarded a grant under the Victims of Crime Act (VOCA) in
the amount of $55,854. This grant will allow us to hire an additional victim advocate to offer
needed services to the community.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
The major purpose of the grant is to hire an additional victim advocate to offer existing services
to additional people. Our current victim advocate is so overloaded that additional staffing will
allow the unit to pursue more cases and help more people.
Currently, our victim advocate comes into contact with citizens through a variety of means to
include walk-ins, phone calls, and officer contact. During the initial meeting, an evaluation is
completed to determine what needs the victim has and how we can be of service. Once the
needs are identified, we pair a resource to fit those needs. Services include, but are not
limited to: crisis counseling, information and referrals, criminal justice support/advocacy, filing
compensation claims, and accompanying victim(s) to court appearances. The resource is
determined on a case-by-case basis.
FI:
ISCAL MPACT
The grant will pay 100% of the salary/benefits for the position for 1 year $55,836 (10/01/11 to
09/30/12) and the remaining $18 will be used for basic office supplies.
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The grant requires a 20% match for which 10.23% of the supervising Sergeant’s personnel
expenses are offered ($13,964). Although the application lists the match as CASH, we are not
paying out any additional monies; this is a function of the Sergeant’s daily duties that he
already provides to supervising the existing victim advocate.
There is no requirement to retain the position after the grant period is completed and future
funding is not guaranteed.
A:
LTERNATIVES
Not to approve the resolution.
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RESOLUTION NO. R11-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING
THE VICTIMS OF CRIME ACT (VOCA) GRANT IN THE
AMOUNT OF $55,854 FOR THE FISCAL YEAR 2011/12,
ALLOCATED TO HIRE AN ADDITIONAL VICTIM ADVOCATE
TO OFFER NEEDED SERVICES TO THE COMMUNITY;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
ANY DOCUMENTS NECESSARY TO ACCEPT THE AWARD;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Boynton Beach Police Department applied for and has been
awarded a Victims of Crime Act (VOCA) grant from the Office of the Attorney General, Bureau of
Advocacy and Grants Management; and
WHEREAS,
the grant is in the amount of $55,854; and
WHEREAS,
the VOCA grant funds will be used to hire an additional victim advocate to
offer needed services to the community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach hereby accepts the
Victims of Crime Act (VOCA) Grant from the Office of the Attorney General, Bureau of Advocacy
and Grants Management in the amount of $55,854 for the fiscal year 2011/12 funding cycle
Section 3. The Mayor is authorized to execute any documents necessary to accept the
Grant award.
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _____ day of September, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
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Mayor – Jose Rodriguez
_______________________________
Vice Mayor – William Orlove
_______________________________
Commissioner – Woodrow L. Hay
________________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. H
CONSENT AGENDA
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED RESOLUTION NO. R11-108 - Approve the
EQUESTED CTION BY ITY OMMISSION
execution of the MOU with the IAFF, Local 1891, regarding a renegotiated agreement addressing
Articles #12 (Health Insurance) and Article #14 (wages) for FY 2011/2012 (October 1, 2011 through
September 30, 2012)
ER: Request approval of a resolution to execute the MOU between the
XPLANATION OF EQUEST
city and IAFF, Local 1891 as presented to address Article #12 (Health Insurance) and Article
#14 (Wages) as negotiated for FY 2011/2012 (October 1, 2011 through September 30, 2012).
H? This will continue the current collective
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
bargaining agreement that covers the period from October 1, 2010 through September 30,
2013, with modifications to Article 12 and Article 14 for the period of October 1, 2011 through
September 30, 2012 with the option for reopened negotiations for 2012-13
FI: Eliminates collectively bargained raises schedule to go in effect October 1,
ISCAL MPACT
2011 and April 1, 2012 for the IAFF Bargaining Unit. ($546,098 savings for FY 2011/2012
General Fund Budget).
A: Reject the MOU and accept the terms of the Collective bargaining agreement
LTERNATIVES
as adopted.
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RESOLUTION R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, RATIFYING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 1891 (IAFF) FOR CHANGES TO THE COLLECTIVE
BARGAINING AGREEMENT FOR THE PERIOD OF
OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2013; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Boynton Beach and the International Association of Firefighters,
Local 1891 entered into a Collective Bargaining Agreement for the term October 1, 2010 to
September 30, 2013; and
WHEREAS
, due to the economic conditions the October 1, 2011 wage increase and the
April 1, 2012 performance-based pay increases of Article 14, Wages, will not take effect; and
WHEREAS,
the IAFF accepts modifications made by the City to the medical insurance plan
notwithstanding the provisions of Article 12, Section 1A of the Agreement; and
WHEREAS
, the City Commission of the City of Boynton Beach deems it to be in the best
interests of the residents and citizens of the City to ratify the Memorandum of Understanding with
the IAFF.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified
and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
ratify the Memorandum of Understanding between the City of Boynton Beach and the International
Association of Firefighters, Local 1891 addressing wages and insurance for the Collective
Bargaining Agreement during the period of October 1, 2010 through September 30, 2013, a copy of
said Memorandum of Understanding is attached hereto as Exhibit "A".
Section 3. This Resolution will become effective immediately upon passage.
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PASSED AND ADOPTED this ___ day of September, 2011
.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Marlene Ross
ATTEST:
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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MEMORANDUM OF
UNDERSTANDING
September 2011
WHEREAS, THE CITY OF BOYNTON BEACH, FLORIDA (hereinafter referred to as "the
CITY") and THE BOYNTON BEACH FIRE FIGHTERS AND PARAMEDICS IAFF, LOCAL
1891 (hereinafter referred to as "the IAFF") entered into a Collective Bargaining Agreement
("CBA") for the term October 1, 2010 to September 30, 2013 which covers the bargaining unit
comprised of Firefighters, Lieutenants, Captains and Battalion Chiefs; and
WHEREAS, due to continuing economic conditions, the CITY requested to reopen
negotiations and the IAFF has agreed to defer bargained for wage increases scheduled per the CBA for
October 1, 2011 (salary wage increase referred to in Sections 1B and 2A.) and April 1, 2012
(performance based adjustment referred to in Section 2C).
The parties therefore agree to modification of the CBA as follows:
1.Notwithstanding the provisions of Article 12 Section 1A of the Agreement, the IAFF accepts
the modifications made by the City to the medical insurance plan. The modifications as
summarized in the June 3, 2011 letter attached as Exhibit “A”.
The salary range increases referred to in Article 14, Section 1B of the CBA will not take
2.
effect during the 2011/2012 contract year. The increases set forth in the Collective
Bargaining Agreement in Article 14, Section 1B will take effect October 1, 2012 for the
2012/2013 year of the CBA and Article 14, Section 1C is replaced with Article 14,
Section 1B, for the duration of the 2012/2013 CBA.
3.The City and IAFF agree to reopen for negotiation the salary range increase due October 1, 2012 as
referenced in Section 1B and 2A, if in there is Florida State Legislative enactment(s) that
significantly impacts the economic revenue of the City of Boynton Beach or a City Budget proposal in
which the City is presented with economic hardship, resulting from a decrease in final taxable
property values during the fiscal year 2012-2013, and the City provides documentation to the
IAFF advising the elimination of currently employed Bargaining unit positions. The City will provide a
minimum of (30) days notice in writing to the IAFF, no earlier than June 1, 2012 if it intends to
exercise this provision of the MOU.
4.In the event that the current economic conditions persist, based on the parameters set forth in the
above referenced section 3 of this MOU, the wage adjustment based on the performance appraisal
increase referenced in Article 14, Section 2C. (which is due April 1, 2013) may be
reopened for negotiation, upon mutual agreement of the City and the IAFF.
5.The CITY and IAFF agree to resume negotiations for a new CBA in March 2013. The
terms and conditions of the 2010-2013, as modified herein, will be treated as the status quo
until replaced by a new CBA.
6.That this Memorandum of Understanding shall be effective upon ratification by the Parties:
and,
7.That the Parties have legal authority to enter into this Memorandum of Understanding.
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IN WITNESS THEREOF, the Parties have caused this Memorandum of
Understanding to be signed by their duly authorized representatives.
Agreed to this ________ day of September, 2011, by and between the respective parties through the
authorized representatives of the Union and the City.
BOYNTON BEACH FIGHTERS AND PARAMEDICS,
IAFF, LOCAL 1891:
BY: _________________________
____________________________ President
Witness
____________________________
Witness _________________________
Secretary
CITY OF BOYNTON BEACH
____________________________ BY:_______________________
Witness Interim City Manager
___________________________
Witness
ATTEST:
_________________________
City Clerk
Approved as to Form and Correctness:
_________________________
City Attorney
Ratified by the Bargaining Unit on: ________________.
Ratified by the City Commission on: _____________ .
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6. I
CONSENT AGENDA
September 20, 2011
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RACC:PROPOSED RESOLUTION NO. R11-109 - Approve
EQUESTED CTION BY ITY OMMISSION
piggyback of Palm Beach County Bid No. 11-067/SWC with Morton Salt, Inc. with the same terms,
conditions, specifications and pricing. The bid term is from July 13, 2011 to July 12, 2012, the second of
four one-year mutual options to renew. This bid will be utilized for the provision of granular sodium
chloride (salt) at the estimated annual expenditure of $72,000
BIDTERM:JULY13,2011THROUGHJULY12,2012
ER: On-site chlorine generators (OSGs) were installed at both the East
XPLANATION OF EQUEST
and West Water Treatment Plants; only the East plant OSG is operational at this time. Sodium
chloride (salt) is combined with water to produce a brine solution which, in turn, is used by the
OSGs to generate sodium hypochlorite (liquid chlorine) via electrolysis. This process requires
the procurement of sodium chloride in large quantities. By piggybacking the PBC Bid, the City
receives the lower pricing based on the much larger quantities used by the County.
The City’s Finance Department confirmed that Palm Beach County (PBC) complied with Public Bid
requirements equal to or exceeding the City of Boynton Beach requirements.
Per e-mail dated August 3, 2011 from Mike Leahy of Morton Salt, Morton Salt has agreed to provide the
Sodium Chloride at the same base price as Palm Beach County.
H? Water quality is of utmost importance to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the water treatment plants. Little or no chlorine usage would pose great risks to public health
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and would prevent the plants from meeting Federal and State regulatory water quality
standards.
FI: Funds are budgeted in account: 401-2811-536-52-35.
ISCAL MPACT
The projected expenditure includes the salt usage associated with the anticipated utilization of
the OSGs at both water treatment plants.
Expenditures to date for FY 2011: $14,235.
A: The City of Boynton Beach could issue its own bid for the purchase of bulk
LTERNATIVES
sodium chloride.
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING THE
“PIGGY-BACK” OF A PALM BEACH COUNTY, FLORIDA
BID #11-067/SWC WITH MORTON SALT, INC., FOR THE
PROVISION OF GRANULAR SODIUM CHLORIDE;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT FOR AN ESTIMATED ANNUAL
EXPENDITURE OF $72,000; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
City staff has confirmed that Palm Beach County has complied with Public
Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements; and
WHEREAS,
upon recommendation of staff, it is the City’s desire to “piggy-back” a Palm
Beach County Bid #11-067/SWC and authorizes the Mayor and City Clerk to sign a Contract with
Morton Salt, Inc., for the provision of sodium chloride for an estimated annual expenditure of
$72,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the
“piggy-back” of a Palm Beach County Bid #11-067/SWC and authorizes the Mayor and City Clerk
to sign a Contract with Morton Salt, Inc., for the provision of sodium chloride for an estimated
annual expenditure of $72,000, a copy of the Agreement is attached hereto as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of September, 2011.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Jose Rodriguez
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___________________________________
Vice Mayor – William Orlove
___________________________________
Commissioner – Woodrow L. Hay
___________________________________
Commissioner – Steven Holzman
___________________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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CONTRACT FOR SODIUM CHLORIDE
This Contract is made as of this ____ day of __________, 2011 by and between MORTON
SALT, INC., a foreign corporation authorized to do business in the State of Florida, with offices at 123
th
N. Wacker Drive, 26 Floor, Chicago, IL 60606 (“MORTON”), and THE CITY OF BOYNTON
BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard,
Boynton Beach, FL 33435 (the “City”).
RECITALS
WHEREAS,
sodium chloride is combined with water to produce a brine solution which is used
by the on-site chlorine generators which are installed at both East and West Water Treatment Plants; and
WHEREAS
, MORTON, submitted a proposal dated August 3, 2011 to the City to provide
sodium chloride in the approximate amount of $71.96 per ton plus freight at prices based on Palm Beach
County, Florida Bid #11-067/SWC with an estimated annual expenditure of $72,000; and
NOW THEREFORE
, in consideration of the mutual covenants contained herein, and for other
valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and MORTON agree that MORTON shall provide Sodium Chloride in
the amount of $$71.96 per ton plus freight based on Palm Beach County Bid #11-067/SWC with an
estimated annual expenditure of $72,000, a copy of which is attached hereto as Exhibit “A”, except as
hereinafter provided:
A. All references to Palm Beach County, Florida shall be deemed as references to the City of
Boynton Beach.
B. All Notices to the City shall be sent to:
City: Lori LaVerriere, Interim City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
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Copy : James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The proposal from MORTON dated August 3, 2011, is attached hereto Exhibit “B”.
Section 3. In the event that the Palm Beach County, Florida Contract is amended, or
terminated, MORTON shall notify the City within ten (10) days. In the event the Palm Beach County,
Florida Contract is amended or terminated prior to its expiration, this Contract shall remain in full force
and effect, and not be deemed amended or terminated, until specifically amended or terminated by the
parties hereto.
Section 4. MORTON agrees that in the event it enters into a Contract for the same (or
substantially similar) scope of services with another local government in Florida which contains a term
or condition, including fees, charges or costs, which the City determines to be more favorable than the
terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the Palm Beach County, Florida
Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by
their terms.
IN WITNESS OF THE FOREGOING,
the parties have set their hands and seals the day and
year first written above.
CITY OF BOYNTON BEACH,FLORIDA
ATTEST:
By:_________________________________
___________________________________ Jose Rodriguez, Mayor
Janet M. Prainito, MMC, City Clerk
APPROVED AS TO FORM:
___________________________________
James A. Cherof, City Attorney
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MORTON SALT, INC.
WITNESSES:
____________________________________ BY:_________________________________
Print Name:
____________________________________ Title: _________________________
ATTEST:
____________________________________
SECRETARY
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EXHIBIT A
AGREEMENT BETWEEN PALM BEACH COUNTY AND
MORTON SALT, INC.
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EXHIBIT B
PROPOSAL FROM MORTON SALT, INC.
DATED AUGUST 3, 2011
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From: Mike Leahy [mailto:MLeahy@mortonsalt.com]
Sent: Wednesday, August 03, 2011 4:04 PM
To: Pigott, Bevis
Subject: Quote for BB
Bevis,
This is the same base price for salt as PBC. The only difference is that the freight may vary a bit, depending on
location. I checked and their plant #2 is slightly less. The difference is Palm Beach to Boynton, which may amount
to 20-30 miles, hence a slightly higher price for Boynton.
Salt price is $71.96/ton, FOB: Pt. Canaveral, FL.
If you should have questions, please contact me. The Boynton Beach price is in the system until 7/12/2012.
Salt Amount.... $71.96
Frt Total Cust. $31.21
Delivered Price $103.17
Best Regards,
Mike Leahy
Industrial, Chemical & Food Processing
O904-992-1613
C904-673-4459
F904-212-0948
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7. A
BIDS AND PURCHASES OVER $100,000
September 20, 2011
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RACC:PROPOSED RESOLUTION NO. R11-110 - Approve the
EQUESTED CTION BY ITY OMMISSION
piggyback of Palm Beach County Bid (#11-071/SWC) with Allied Universal Corporation with the same
terms, conditions, specifications and pricing. Authorize the execution of a City Cover Agreement by the
Mayor and City Clerk. The bid term is from September 20, 2011 to September 19, 2012 with provisions
for four one-year mutual options to renew. This bid will be utilized for the provision of sodium hypochlorite
(liquid chlorine) at the estimated annual expenditure of $165,000.
BIDTERM:OCTOBER1,2011THROUGHSEPTEMBER30,2012
ER: Sodium hypochlorite is critical to the water treatment process as it
XPLANATION OF EQUEST
is combined with ammonia to form chloramines, which kill bacteria in water. By piggybacking
PBC’s contract, the City will benefit from the lower pricing offered to Palm Beach County as a
result of the much larger quantities used by the County. Allied has provided this chemical to
the City in the past and has performed this service satisfactorily.
The City’s Finance Department confirmed that Palm Beach County (PBC) complied with Public Contract
Bid requirements equal to or exceeding Boynton Beach's requirements.
The City has installed on-site chlorine generators (OSG’s) at both water treatment plants. The
OSG unit at the East Water Treatment Plant (EWTP) has been in service since June 15, 2011;
the OSG unit at the West Water Treatment Plant (WWTP) will be placed in service, pending
any Carter-Verplanck equipment replacements, once ongoing ERM (Environmental Resources
Management) required modifications are complete. Once both units are fully functional, the
purchase of liquid chlorine will only be required as a backup source.
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The decrease in the projected expenditure is due to the utilization of the OSG at the EWTP
and the reduced pricing by piggybacking the Palm Beach County Bid with Allied Universal.
H? Water quality is of utmost importance to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the water treatment plants. Little or no chlorine usage would pose great risks to public health
and would prevent the plants from meeting Federal and State regulatory water quality
standards.
FI: Funds are available in account: 401-2811-536-52-28.
ISCAL MPACT
Actual Expenditure for Liquid Chlorine in FY 2011: $270,980.
Actual Expenditure for Liquid Chlorine in FY 2010: $210,924.
Actual Expenditure for Liquid Chlorine in FY 2009: $244,908.
Projected Expenditure for Liquid Chlorine in FY 2012: $165,000
ALTERNATIVES: The City could issue a bid for sodium hypochlorite (liquid chlorine). Staff
believes that the prices that the City would receive as the result of a solicitation would exceed
that of Palm Beach County considering the volume that PBC purchases annually. Staff
recommends piggybacking the Palm Beach County Bid with Allied Universal Corporation.
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING THE
“PIGGY-BACK” OF A PALM BEACH COUNTY, FLORIDA
BID #11-071/SWC WITH ALLIED UNIVERSAL
CORPORATION FOR THE PROVISION OF SODIUM
HYPOCHLORITE; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT FOR AN ESTIMATED
ANNUAL EXPENDITURE OF $165,000; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
City staff has confirmed that Palm Beach County has complied with Public
Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements; and
WHEREAS,
upon recommendation of staff, it is the City’s desire to “piggy-back” a Palm
Beach County Bid #11-071/SWC and authorizes the Mayor and City Clerk to sign a Contract with
Allied Universal Corporation for the provision of sodium hypochlorite for an estimated annual
expenditure of $165,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the
“piggy-back” of a Palm Beach County Bid #11-071/SWC and authorizes the Mayor and City Clerk
to sign a Contract with Allied Universal Corporation for the provision of sodium hypochlorite for an
estimated annual expenditure of $165,000, a copy of the Agreement is attached hereto as Exhibit
“A”.
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of September, 2011.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
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Mayor – Jose Rodriguez
___________________________________
Vice Mayor – William Orlove
___________________________________
Commissioner – Woodrow L. Hay
___________________________________
Commissioner – Steven Holzman
___________________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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CONTRACT FOR SODIUM HYPOCHLORITE
This Contract is made as of this ____ day of __________, 2011 by and between ALLIED
UNIVERSAL CORPORATION, a Florida Corporation, with offices at 3901 NW 115 Avenue, Miami,
Florida 33178 (“ALLIED”), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation,
with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the “City”).
RECITALS
WHEREAS,
sodium hypochlorite is critical to the water treatment process as it is combined
with ammonia to form chloramines which kill bacteria in water; and
WHEREAS
, ALLIED, submitted a proposal dated August 4, 2011 to the City to provide sodium
hypochlorite in the approximate annual amount of $165,000 at prices based on Palm Beach County,
Florida Bid #11-071/SWC; and
NOW THEREFORE
, in consideration of the mutual covenants contained herein, and for other
valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and ALLIED agree that ALLIED shall provide Sodium Hypochlorite in
the amount of $0.696/gallon for full truckloads and $0.819/gallon for less than truckloads based on Palm
Beach County Bid #11-071/SWC, a copy of which is attached hereto as Exhibit “A”, except as
hereinafter provided:
A. All references to Palm Beach County, Florida shall be deemed as references to the City of
Boynton Beach.
B. All Notices to the City shall be sent to:
City: Lori LaVerriere, Interim City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
Copy : James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The proposal from ALLIED dated August 4, 2011, is attached hereto Exhibit “B”.
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Section 3. In the event that the Palm Beach County, Florida Contract is amended, or
terminated, ALLIED shall notify the City within ten (10) days. In the event the Palm Beach County,
Florida Contract is amended or terminated prior to its expiration, this Contract shall remain in full force
and effect, and not be deemed amended or terminated, until specifically amended or terminated by the
parties hereto.
Section 4. ALLIED agrees that in the event it enters into a Contract for the same (or
substantially similar) scope of services with another local government in Florida which contains a term
or condition, including fees, charges or costs, which the City determines to be more favorable than the
terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the Palm Beach County, Florida
Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by
their terms.
IN WITNESS OF THE FOREGOING,
the parties have set their hands and seals the day and
year first written above.
CITY OF BOYNTON BEACH,FLORIDA
ATTEST:
By:_________________________________
___________________________________ Jose Rodriguez, Mayor
Janet M. Prainito, MMC, City Clerk
APPROVED AS TO FORM:
___________________________________
James A. Cherof, City Attorney
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ALLIED UNIVERSAL CORPORATION
WITNESSES:
____________________________________ BY:_________________________________
Print Name:
____________________________________ Title: _________________________
ATTEST:
____________________________________
SECRETARY
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EXHIBIT A
AGREEMENT BETWEEN PALM BEACH COUNTY AND
ALLIED UNIVERSAL CORPORATION
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EXHIBIT B
PROPOSAL FROM ALLIED UNIVERSAL CORPORATION
DATED AUGUST 4, 2011
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7. B
BIDS AND PURCHASES OVER $100,000
September 20, 2011
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ETTLEMENTS
RACC:(1) Reject the seven (7) highest bids the City received in
EQUESTED CTION BY ITY OMMISSION
response to the Invitation to Bidders
(2) PROPOSED RESOLUTION NO. R11-087 - Award a contract for Bid #059-2821-11/TWH ”Regional
Lift Station at Pence Park” to Wharton-Smith, Inc. of Sanford, Florida with a Bid price of $812,000, also
approve an owner’s contingency of 10% of the amount of $81,200 for a total funding authorization of
$893,200. - (TABLED 8/16/11 & 9/6/11)
ER: Ten (10) bids were received and opened by Procurement Services
XPLANATION OF EQUEST
on June 23, 2011 and copies of the bid proposals were submitted to the Utilities Department
and the City’s Design Professional for this project, the Wantman Group, Inc.(WGI) for review
and evaluation.
After having performed an initial administrative evaluation of the 10 bids received, the Utilities
Department is recommending, in accordance with the Instruction To Bidders, Section 25
RIGHTS OF THE CITY, subsection 25.3 that the City Commission reject seven (7) of the bids
based on price. The seven (7) bids were received from the following bidders:
Bidders Bid Value
GlobeTec Construction, LLC $890,025.00
Centerline Utilities, Inc. $983,075.00
TLC Diversified, Inc. $1,073,925.00
Cardinal Contractors, Inc. $1,108,512.00
Murray Logan Construction $1,168,000.00
H. A. Contracting, Corp. $1,207,672.00
Lanzo Construction, Co. $1,212,825.00
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A documented Bid Evaluation – Due Diligence review, based on the Selection Criteria
identified in the Instruction To Bidders, Section 26 SELECTION CRITERIA, subsections 26.1.1
through 26.1.10 was initially performed by the Wantman Group, Inc. on the two (2) low bidders
as follows:
Bidders Bid Value
Hinterland Group, Inc. $784,738.00
Wharton-Smith, Inc. $812,000.00
Since the third low bidder’s price was $92,987.00 or 11.85% higher than the low bidder and
$65,725.00 or 8.09% higher than the second low bidder, WGI did not perform the detailed Bid
Evaluation – Due Diligence on the third low bidder. The third low bidder was Intercounty
Engineering, Inc. with a bid value of $877,725.00.
The Engineer’s Cost Opinion for this project is $965,914.69. The value of the bids received for
this project ranged from $784,738.00 to $1,212,825.00 and the average bid value is
$1,011,849.70. With a bid value of $812,000.00, the Wharton-Smith bid is $153,914.69 below
the Engineer’s Cost Opinion and $199,894.70 below the average bid value for this project.
In addition to having reviewed and evaluated the bid packages of the two (2) lowest bidders,
the City has received the Bid Evaluation – Due Diligence review documentation and
recommendation of award from the Wantman Group, Inc.
As a result of the detailed Bid Evaluation – Due Diligence performed by the Wantman Group
on the two (2) low bidders, it was determined that the lowest bidder Hinterland Group, Inc.
appears to be a “very good contractor”. However during the due diligence review of their
previous experience in performance of similar projects, the Wantman Group learned that the
bulk of Hinterland’s experience has been in the rehabilitation of existing lift stations and not the
full scope construction of a large, deep and technologically advanced regional or sub-master
lift station.
Therefore, after a review of the bid packages from the two (2) lowest bidders and an evaluation
of the Wantman Group, Inc. recommendation of award package, the Utilities Department
concurs with the Wantman Group’s recommendation to award this contract to Wharton-Smith,
Inc. as the lowest, most responsive, responsible bidder who meets all contract document
requirements and whose bid represents the most advantageous bid to the City, price and other
factors considered.
H? The project’s scope consists of the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
construction of a new regional sanitary lift station in Pence Park to intercept the existing sanitary
TH
sewer gravity line on SE 6 Avenue, to collect and to pump the wastewater to the South Central
Regional Wastewater Treatment Plant through the new 16” and 24” regional force main pipelines
constructed in 2010 and 2011.
FI: Funds are available as follows:
ISCAL MPACT
Account Number Project Number Allocation
404-5000-590-96-03 SWR114 100%
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A: None, the Regional Lift Station at Pence Park represents the third and final
LTERNATIVES
component of the Regional Force Main project.
The first component of this project was the Jack and Bore installations under I-95, Woolbright
Road and the FEC Railroad tracks. The Jack and Bore Regional Force Main project
component was completed in December 2010.
The second component of this project was the Open Cut installation of over 20,000 linear feet
of 24” force main and 3,500 linear feet of 16” force main forming the new Regional Force Main
pipeline system. This pipeline work stretched from the South Central Regional Wastewater
Treatment Plant in Delray Beach to East Ocean Avenue here in Boynton Beach. The Open Cut
Regional Force Main project pipeline component is nearing its Substantial Completion date of
August 9, 2011.
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RESOLUTION NO. R11-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REJECTING
THE SEVEN HIGHEST BIDS AND THE LOWEST BID; APPROVING THE
AWARD AND EXECUTION BY THE INTERIM CITY MANAGER AND CITY
CLERK OF A CONTRACT TO WHARTON-SMITH, INC., FOR BID #059-2821-
11/TWH, FOR “REGIONAL LIFT STATION AT PENCE PARK”, IN THE
AMOUNT OF $812,000 WITH AN OWNER’S CONTINGENCY OF 10% IN THE
AMOUNT OF $81,200 FOR A TOTAL BUDGET APPROPRIATION OF $893,000;
.
AND PROVIDING AN EFFECTIVE DATE
WHEREAS,
on June 23, 2011, Procurement Services received and opened ten (10) bid
proposals in response to #059-2821-11/TWH for “Regional Lift Station at Pence Park”; and
WHEREAS,
the City’s staff and the City’s Design Professional on this project, the Wantman
Group, reviewed and evaluated the bid proposals; and
WHEREAS,
after an initial administrative evaluation of the ten bids, the Utilities Department
has recommended that the City Commission reject the seven (7) highest bids ; and
WHEREAS,
as a result of the bid evaluation-due diligence performed by the Wantman Group,
staff is recommending the award of the contract to Wharton-Smith, Inc., of Sanford, Florida who was
the most responsive, responsible bidder who met all qualifications; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation of staff,
deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize
execution of a contract with Wharton-Smith, Inc., for Bid #059-2821-11/TWH “Regional Lift Station at
Pence Park”, in the amount of $812,000 with an owner’s contingency of 10% in the amount of $81,200
for a total budget appropriation of $893,200.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT
:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby award
and authorize execution by the Interim City Manager and City Clerk of a contract with Wharton-Smith,
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Inc., for Bid #059-2821-11/TWH “Regional Lift Station at Pence Park”, in the amount of $812,000 with
an owner’s contingency of 10% in the amount of $81,200 for a total budget appropriation of $893,200, a
copy of which is attached hereto as Exhibit “A”.
Section 3.This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED
this _____ day of August, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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REGIONAL LIFT STATION
BID TITLE: “
AT PENCE PARKPROJECT”
059-2821-11/TWH__________
BID NUMBER:
SWR114
PROJECT NUMBER:
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT,
made and entered into this _______ day of
________________, 20___, by and between the CITY OF BOYNTON BEACH,
a municipal corporation of Florida, hereinafter called the “CITY”
Wharton-Smith, Inc. of Sanford, FL_
or “OWNER” and ___,
a Florida Corporation (_X_) Check One
a Florida General Partnership (____)
a Florida Limited Partnership (____)
a Sole Proprietor (____)
hereinafter called “CONTRACTOR”.
WITNESSETH
WHEREAS,
The CITY has heretofore invited bids for a CITY
construction project (“Project”) identified by the bid title, bid
number and project number listed above and commonly referred to as:
REGIONAL LIFT STATION AT PENCE PARK PROJECT
WHEREAS,
CONTRACTOR, in compliance with the bidding
requirements announced by the City, submitted a bid on the _23_ day
of _June__, 2011_, for the total bid amount of
812,000.00
$_________________; and,
WHEREAS,
On the ___ day of _________, 2011_, the City Commission
designated CONTRACTOR as having submitted the bid that was most
advantageous to the CITY and authorized the execution of this
Agreement; and,
WHEREAS,
the Parties agree that the Project is scheduled to
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achieve Substantial Completion without interruption within
calendar days as specified in the Notice to Proceed, subject to CITY
approved time extensions.
NOW, THEREFORE,
in consideration of these premises and the
mutual conditions and covenants contained herein, the parties agree
as follows:
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1.AGREEMENT
The Parties agree that:
1.1.
The foregoing "Whereas" clauses are true and
1.1.1.
correct and incorporated herein by this reference.
The CITY hereby hires the CONTRACTOR to provide
1.1.2.
construction services for completion of the Project.
The CONTRACTOR hereby accepts this Contract and
1.1.3.
agrees to furnish the necessary labor, tools,
equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set
forth in this Contract and the Contract Documents for
the price and amounts set forth in CONTRACTOR’S bid.
CONTRACTOR is an independent contractor as that
1.1.4.
term is set forth in the General Conditions for
Construction GC-2, INDEPENDENT CONTRACTOR.
Unless otherwise provided, all time frames
1.1.5.
referenced in all Contract Documents shall be calendar
days.
2. SCOPE OF SERVICES
2.1.The Project consists of those improvements described and set forth in the Contract
Documents.
2.2.The “Contract Documents” are the compilation of the following individual documents
which are hereby not listed in any order of precedence.
2.2.1.Advertisement for Bids
2.2.2.Instructions for Bidders
2.2.3.Bid Proposal
2.2.4.Bid Bond
2.2.5.General Conditions for Construction (GC) – all references to “GC” shall
be to section numbers
2.2.6Special Conditions for City Furnished Materials
2.2.7Terms and Conditions for City Furnished Materials
2.2.8Construction Contract
2.2.9Certificate of Insurance
2.2.10Public Construction Bond
2.2.11Technical Specifications
2.2.12Contract Drawings and Plans
2.2.13Addenda
2.2.14Written directives or interpretations
2.2.15Manufacturers warranties
3. OBLIGATIONS OF CONTRACTOR
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3.1.CONTRACTOR shall:
3.1.1.Furnish all materials, supplies, machines, equipment, tools, superintendents, labor,
insurance, and other accessories and services necessary to complete said project in
accordance with the conditions and prices as stated in the Contract Documents.
3.1.2.Perform all the work and labor pursuant to this contract. All of the materials
furnished shall be in strict conformity with the Contract Documents.
CONTRACTOR further accepts and consents to the conditions contained in said
Contract Documents and expressly agrees to comply with every requirement and
stipulation therein contained.
3.1.2.1.Comply with provisions in Special Conditions and Terms and
Conditions for City Furnished Materials.
3.1.3.Furnish all tools, equipment, materials and supplies and to do all the work above
mentioned in a first-class, substantial and workmanlike manner and in conformity
with the detail for said work on file in the office of the Project Manager and
strictly in accordance with the Contract Documents.
3.1.4.CONTRACTOR shall furnish each subcontractor or material supplier with a copy
of his Public Construction Bond within five (5) days of subcontractors’ work or
subcontractor’s supplying of material to CONTRACTOR and shall maintain
records to establish such notice. A copy of said notice shall be provided to the
City’s Project Manager at time of issuance.
3.1.5.Guarantee all work and materials for a period of one (1) year, as set forth in the
General Conditions for Construction GC-24, WARRANTY. Warranty period shall
commence with date of final acceptance as set forth in the Technical Specifications
for Construction 01700, EXECUTION REQUIREMENTS.
3.1.6.Comply with the provisions of Section 255.05, Florida Statutes, if applicable.
3.1.7.Pay promptly, before final settlement, any and all claims or liens by subcontractors
or material suppliers, incurred in and about this work.
3.1.8.Remove and clean up all rubbish, debris, excess material, temporary structures,
tools and equipment that may have been used or worked on by the
CONTRACTOR in connection with the project promptly from streets,
alleys, parkways and adjacent property as such section or portion is completed
and ready for use, leaving the same in a neat and presentable condition.
3.1.9.Observe and comply with the provisions of the charter, ordinances, codes and
regulations of the City of Boynton Beach, Florida.
3.1.10.Obtain written approval from the CITY of all subcontractors not disclosed in the
CONTRACTOR’S bid document.
3.1.11.Perform such other tasks as set forth in the Contract Documents.
3.1.12.Provide all required bonds, insurance certificates and any other required security
for performance of the Project within ten (10) days of the Award of the Project.
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3.2.The CONTRACTOR will be held responsible for the care, protection and condition of all
work until final completion and acceptance thereof, and will be required to make good at
CONTRACTOR’S own cost any damage or injury occurring from any cause resulting
from their acts or omissions, or the acts or omissions of their subcontractors or suppliers.
4. CITY’S OBLIGATIONS
4.1.The CITY shall provide a written Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2.The CITY shall make timely payments for the work in accordance with the procedures
and time frames set forth in the Contract Documents.
4.3.On satisfactory completion of the Project, the CITY shall provide a written final
acceptance and payment for the entire project.
5. COMMENCEMENT OF WORK
5.1.Prior to commencement of work, the City and Contractor shall negotiate and agree upon
Contractor’s per diem direct job site costs and home office overhead costs. The
negotiated amounts shall be used for purposes of determining the compensation to be
paid to Contractor for a suspension, field change directive, or any other instance wherein
GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY does not apply. In order
to facilitate an agreement as to amount, Contractor agrees to permit the City to audit
records which establish Contractor’s direct job site costs and home office overhead.
The City and Contractor shall attach an addendum to this Contract which sets forth the
negotiated amounts. If the parties are unable to reach an agreement for such costs within
60 days of the City selecting Contractor for the Project, the City shall be entitled to
discontinue all discussions with Contractor, select another contractor, or cancel the bid
entirely. In such an instance, the awarded Contractor shall not be entitled to receive any
funds from City for costs incurred from the time of its bid to the time of the City’s
decision not to utilize Contractor’s services. Contractor shall not be entitled to any
damages or compensation as a result of Bidder’s reliance on its award of the bid.
5.2.CONTRACTOR hereby agrees to commence work under this contract within ten (10)
calendar days of the Commencement Date specified in the written “Notice to Proceed,”
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and to achieve Substantial Completion without interruption within calendar days
thereafter.
5.3.With respect to this Contract, time is of the essence. . In the event the CONTRACTOR
shall fail to (1) timely commence the work following Notice to Proceed or (2)fail in the
performance of the work specified and required to be performed within the time limit set
forth in the contract, after due allowance for any extension or extensions of time made in
accordance with the Contract Documents, the CONTRACTOR shall be liable to the
CITY for liquidated damages the amount stipulated in Section 6.0 hereinbelow for each
and every calendar day that the CONTRACTOR shall be in default of achieving of
Substantial Completion.
5.4.CONTRACTOR shall notify the Project Engineer in writing of any change in the names
and addresses of each subcontractor proposed for principal parts of work, and any
changes in subcontractors from those proposed in CONTRACTOR’S bid proposal, and
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for such others as the Project Engineer may direct, and shall not employ any
subcontractor that CITY may, within a reasonable time, object to as incompetent or as
unfit.
6. LIQUIDATED DAMAGES
$2,000.00
6.1.The CONTRACTOR agrees to pay per day as liquidated damages, for failure
to begin within ten (10) days of CITY’S issuance of the “Notice to Proceed” or failure to
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achieve Substantial Completion within calendar days from the Commencement Date
as indicated in the written “Notice to Proceed”. The CITY shall have the right to deduct
such liquidated damages from any amount due, or that may become due the
CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his
Surety.
6.2.Punch list items recorded as a result of inspections for Substantial Completion are to be
corrected by the CONTRACTOR within thirty (30) calendar days and prior to any
request for Final Inspection, Testing and Acceptance as stated in the General Conditions
for Construction (GC-50). If the Substantial Completion punch list items have not been
corrected by the CONTRACTOR within the thirty (30) calendar day period, at the
discretion of the Project Manager, Liquidated Damages may be applied as described in
Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1.The CONTRACTOR warrants that quoted prices include the protection and continuous
use of all existing work in process, property or operations of the CITY as more
particularly set forth in the Technical Specifications for Construction, 01540, SECURITY
AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541
SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT
PROJECTS.
8. INDEMNIFICATION
8.1.The CONTRACTOR shall indemnify and save harmless and defend the CITY pursuant
to the provisions set forth in General Conditions for Construction, GC-26 -
INDEMNITY.
9. PAYMENT BY CITY
9.1.The CITY agrees to pay the CONTRACTOR in current funds for the performance of the
contract, subject to additions and deductions as provided in the Contract Documents.
9.2.The City reserves the right to negotiate any and all amounts contained in the bidding and
contract documents.
10. CHANGES IN THE WORK
10.1 The CITY, without invalidating the Contract, may order extra work or make changes by
At the City’s discretion, the City may
altering, adding to or deducting from the work.
make direct purchases of any materials and equipment purchased for, or to be
incorporated into the Project, as determined by the City.
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CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS
READ AND UNDERSTANDS THE ABOVE PROVISION.
INITIALS
All such work shall be executed under the conditions of the original Contract. Any claim
for extension of time caused thereby shall be made in writing at the time such change is
ordered. Changes in the work must be processed as set forth in the General Conditions
for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. No
Field Change Directive or Change Order shall be authorized by the Project Manager if
the Contractor has added language to the Field Change Directive or Change Order or to
any cover letter, e-mail, facsimile, or other written document which accompanies the
Field Change Directive or Change Order in which the contractor attempts to reserve any
future right or claim arising out of the work which is the subject of the Field Change
Directive or Change Order. If the Contractor adds such language, the Project Manager
shall secure specific written authorization from the City Manager’s office before
executing the Field Change Directive or Change Order.
10.2hange orders and adjustments shall be in writing and approved by the Project Manager,
C
otherwise, no claim for extras will be allowed.
10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be submitted for
the current contract payment for the month in which the work was done. No claim for
extra work shall be allowed unless same was ordered, in writing, as aforesaid and the
claim presented at the time of the first estimate after the work is completed.
11. PROJECT ENGINEER
David Brobst, P.E., Wantman Group, Inc.
11.1.The Project Engineer (“Engineer”) is
11.2.The Project Engineer shall have general supervision and direction of the work. The
Project Engineer is the agent of the CITY only to the extent provided in the Contract
Documents and when in special instances he has the authority by CITY to act, and in
such instances he shall, upon request, show CONTRACTOR such authority in writing.
He has authority to stop the work whenever such stoppage may be necessary to insure the
proper execution of the Contract.
11.3.As the Project Engineer is, in the first instance, the interpreter of the conditions of the
contract and the judge of its performance, he shall side neither with CITY nor with
CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its
faithful performance by both parties.
11.4.In the event of a dispute, the role of the Project Engineer is to make recommendations to
the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions
for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
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13.1.This Contract must be construed with all other Contract Documents, a master set of
which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only
the master set of documents, or copies thereof certified by the City Clerk, shall be used as
evidence.
13.2.In the event of a conflict between the requirements or specifications set forth in the
Contract Documents, the conflict shall be resolved by written interpretation by the
Project Manager. In reconciling conflicting provisions of the Contract Documents, the
Contract shall have the greatest weight, followed by the General Conditions for
Construction, technical specifications, and finally by the balance of the Contract
Document.
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY to
complete the construction of a public improvement in accordance with a predetermined
program, all such time limits are of the essence of the Contract.
15. REMEDY FOR DELAY
15.1.In the event of any delay in the project caused by any act or omission of the CITY, its
agents or employees, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather
conditions or unavailability of materials, the sole remedy available to CONTRACTOR
shall be by extension of the time allocated to complete the project.
15.2.NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS
LIMITATION.
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS
READ AND UNDERSTANDS THE ABOVE PROVISION.
INITIALS
15.3.Failure on the part of CONTRACTOR to timely process a request for an extension of
time to complete the work shall constitute a waiver by CONTRACTOR and
CONTRACTOR shall be held responsible for completing the work within the time
allocated by this contract.
15.4.All requests for extension of time to complete the work shall be made in accordance with
the General Conditions for Construction GC-23, EXTENSION OF TIME/NO
DAMAGES FOR DELAY.
15.5.For the purpose of this section, the phrase “the CITY, its agents and employees” shall
include but shall not be limited to the Project Engineer and Project Manager.
16. SUSPENSION
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16.1. In accordance with the General Conditions for Construction GC-19, SUSPENSION, in
the event of a suspension, CONTRACTOR agrees that its sole compensation shall be the
per diem direct job site overhead as set forth in the Schedule of Bid Items.
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS
READ AND UNDERSTANDS THE ABOVE PROVISION.
INITIALS
17. DISPUTES
17.1.Disputes shall be resolved as set forth in the General Conditions for Construction GC-18,
DISPUTES.
17.2.Upon resolution of a dispute by the Owner, either party may request the appointment of a
mediator.
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IN WITNESS WHEREOF,
the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
CITY OF BOYNTON BEACH, FLORIDA
Signed, sealed and witnessed
in the presence of:
_____________________________ ______________________________________
City Manager
Attest: Approved as to Form:
_____________________________ ______________________________________
City Clerk City Attorney
CONTRACTOR
Signed, sealed and witnessed
in the presence of:
_____________________________ ______________________________________
President or Vice President
_____________________________ ______________________________________
Attest as to CONTRACTOR
State of Florida )
) ss:
County of Palm Beach )
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
foregoing instrument and has acknowledged before me that they have
executed same.
_________________________________
Notary Public
My Commission Expires:
BY THIS BOND, We ___________________________________________, as Principal and
________________________________________________, a corporation, as Surety, are bound to City
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of Boynton Beach, herein called Owner, in the sum of $_____________________________, for
payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly
and severally.
THE CONDITION OF THIS BOND is that if Principal:
1.Performs the contract dated ___________________________, between
Principal and Owner for construction of
_________________________________________, the contract being made
a part of this bond by reference, at the times and in the manner
prescribed in the contract; and
2.Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for the contract; and
3.Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract; and
4.Performs the guarantee of all work and materials furnished under the contract for the time specified
in the contract, then this bond is void; otherwise it remains in full force.
5.Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes do not affect Surety’s obligation under this
bond.
6.This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a
claimant under this bond for payment must be in accordance with the notice and time limitation
provisions in Section 255.05(2), Florida Statutes.
DATED ON __________________________________
__________________________________
(Name of Principal)
BY: __________________________________
__________________________________
(Name of Surety)
STATE OF FLORIDA
COUNTY OF__________________________________, being first duly sworn, deposes and says as
follows:
He is ____________________ of _____________________________________________,
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(Title) (Name of Corporation or Firm)
a Florida Corporation (______) Check One
a Florida General Partnership (______)
a Florida Limited Partnership (______)
a Sole Proprietor (______)
which is named in Construction Contract dated the _______ day of _______________________, 20____,
between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER,
for the construction of _________________________________________________ and Affiant is
authorized to make this Affidavit as, or on behalf of, the Contractor as named above.
Title to all work, materials and equipment covered by the attached Final Application for Payment
dated ______________________, passes to the Owner at the time of payment free and clear of all liens, and
all laborers, materialmen and subcontractors have been paid for performing or furnishing the work, labor or
materials upon said Contract work covered by the aforesaid Final Application for Payment.
This statement under oath is given in compliance with Section 713.06 Florida Statutes.
____________________________________
Affiant
Sworn to and subscribed before me this
________ day of _____________________, 20___
________________________________________
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
END OF WARRANTY OF TITLE
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9. A
PUBLIC HEARING
September 20, 2011
COBB
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CMD: September 20, 2011
OMMISSION EETING ATE
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ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-022 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Amending Section 26-9 of the City's Code governing water and wastewater rates that will
implement a revised rate structure effective November 1, 2011
ER: In order to move ahead with the Water & Sewer Utility Capital
XPLANATION OF EQUEST
Improvement Program, it is currently necessary to issue approximately $20,000,000 in Utility
Revenue Bonds. The bond proceeds will provide the funds for a number of water, wastewater,
and stormwater projects in the very near future to include:
Reuse Distribution System 8 MGD
Seacrest Corridor Water Main Replacement & Stormwater Management
Ion exchange surficial raw water main, pump station and sand filters
There is no impact on property taxes or the General Fund to fund the debt service of the new
bond issue. The repayment of Utility Revenue Bonds is supported solely by the revenues of
the Utility System. Therefore, it is necessary to independently determine that the water and
wastewater rates are at a sufficient level to support the added debt service of the Utility
Revenue bonds.
The engineering firm of CH2M Hill completed an independent User Rate Update Report. The
Report recommends that the City adjust its water and wastewater rates in each year over the
five-year period from FY 2011-12 through FY 2015-16 to help ensure that sufficient revenues
will be generated to meet the new debt service requirements along with other financial
commitments. In accordance with Florida Statutes (§180.136), the City is providing notice to
customers through our billing process of the rate increases and the Public Hearing. See the
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attached recommended amendments to Sec. 26-9 of the City's Code governing water and
wastewater rates. The initial adjustment will occur on November 1, 2011 and October 1
thereafter following Commission approval.
CH2M HILL also recommends that the City issue at least another $20,000,000 in Utility
Revenue Bonds to fund additional projects in another two to three years to finance
improvements needed to continue serving existing customers, as well as to have sufficient
capacity for new growth. While subject to bond market conditions when new debt is issued, the
annual debt service requirement is projected to increase from $5.4 M in FY 2010-11 to $8.2 M
in FY 2015-16.
The other financial commitments include:
Depositing funds ($2.5 M in FY 2010-11, $4.3 M in FY 2011-12 to $5.3 M in FY 2015-
16) into the Renewal, Replacement and Improvement (RR&I) Account that will be used
to pay for anticipated system repairs and replacements.
Making transfers to the City General Fund of $5.0M in FY 2011-12 and $4.5 M in all
years from FY 2012-13 to FY 2015-16.
H? The increased water and wastewater
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
rates will support the added debt service resulting from the issuance of debt to continue
serving existing customers by maintaining the existing water, wastewater, and stormwater
systems along with sufficient financial capacity for new growth.
FI: To meet the forecast debt service requirements and to fund the forecasted
ISCAL MPACT
deposits into the R&R account, water and wastewater rate increases are necessary. Overall,
both the water and wastewater rates revenues are proposed to be increased each year as
follows.
FY 2011-12 + 2%
FY 2012-13 + 3%
FY 2013-14 + 3%
FY 2014-15 + 3%
FY 2015-16 + 3%
With these increases, the City’s water and wastewater rates should generate sufficient
revenues under the forecast assumptions to meet the water and wastewater system’s needs
through FY 2015-16. Without the increases, the debt cannot be issued and the projects will be
delayed significantly.
Water and wastewater rates were last restructured in May 2009 due to changes in water usage
patterns resulting from water use restrictions. The rate increase at that time adjusted the rate
structure so as to yield a higher percentage of revenue from the base facility charge to cover
system fixed costs that were unrelated to water usage. That rate structure resulted in the
current rates set forth in Section 26-9 of the City's Code governing water and wastewater rates
through FY 2012-13.
Under the current rate structure in the current City Code, the base facility charges (the largest
portion of the water and wastewater monthly bill) are currently scheduled to increase 11.6% for
water and 10.3% for wastewater over the next two year period from FY 2011-12 to FY 2012-
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13. The methodology under the current User Rate Update spread out the rate increases over
the 5-year period resulting in lower annual increases as noted in the five year schedule above.
Current and proposed rate increases are noted on the attached revision to Section 26-9 of the
City's Code governing water and wastewater rates.
A:
LTERNATIVES
1. Approve the revised rate structure that is necessary to provide the funding to pay the
debt service of the Utility Revenue Bonds required for funding the major portion of the
Utility Capital Improvement Plan in the next five (5) years.
2. Not approve the revised rate structure. Without the revised rate structure, the Utility
Revenue Bonds cannot be issued, the Utility System Capital Improvement Plan will be
significantly delayed and the current larger utility rate increase will remain in effect.
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Sec. 26-9. Water and wastewater rates and charges.
The monthly rates and charges for water and wastewater shall be as set forth in the five multi-year schedules in this
st
section. Such rates shall become effective on November 1 in FY 2011-12 and October 1st of each of the fiscal years
thereafter and shall not be prorated:
SCHEDULE I. POTABLE WATER RATES
(a) Residential and commercial rates inside city:
Fiscal Year Base Facility Charge Base Facility Charge 0-9,000 9,001-30,000 30,001-50,000 Over 50,000
(Residential) (Commercial) gallons/ gallons/ month* gallons/ month* gallons/
month* month*
2010-11 $10.76 $21.51 $1.44 $2.58 $3.44 $4.24
2011-12 $11.11 $10.98 $22.53 $21.94 $1.46 $1.47 $2.60 $2.63 $3.48 $3.51 $4.28 4.32
2012-13 $12.01 $11.30 $22.23 $22.60 $1.49 $1.51 $2.66 $2.71 $3.55 $3.61 $4.38 $4.45
2013-14 $11.64 $23.28 $1.56 $2.79 $3.72 $4.59
2014-15 $11.99 $23.97 $1.60 $2.88 $3.83 $4.73
2015-16 $12.35 $24.69 $1.65 $2.96 $3.95 $4.87
(b) Residential and commercial rates outside city:
Fiscal Year Base Facility Charge Base Facility Charge 0-9,000 9,001-30,000 30,001-50,000 Over 50,000
(Residential) (Commercial) gallons/ gallons/ month* gallons/ month* gallons/
month* month*
2010-11 $13.45 $26.90 $1.80 $3.23 $4.30 $5.30
2011-12 $13.89 $13.72 $27.78 $27.44 $1.82 $1.84 $3.26 $3.29 $4.33 $4.39 $5.36 $5.41
2012-13 $15.00 $14.13 $30.01 $28.26 $1.87 $1.89 $3.33 $3.39 $4.44 $4.52 $5.48 $5.57
2013-14 $14.55 $29.11 $1.95 $3.50 $4.65 $5.74
2014-15 $14.99 $29.98 $2.01 $3.60 $4.79 $5.91
2015-16 $15.44 $30.88 $2.07 $3.71 $4.94 $6.08
* Represents monthly usage rates per thousand gallons
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SCHEDULE II. WASTEWATER RATES
(a) Residential and commercial rates inside city:
Commodity Rate Rate If No Water
(Dollars Per Thousand Meter
Fiscal Year Base
Gallons)
2010-11 $16.29 $1.87 $29.41
2011-12 $16.58 $16.62 $1.88 $1.91 $29.75 $30.00
2012-13 $17.97 $17.11 $1.93 $1.96 $31.43 $30.90
2013-14 $17.63 $2.02 $31.83
2014-15 $18.16 $2.08 $32.78
2015-16 $18.70 $2.15 $33.76
(b) Residential and commercial rates outside city:
Commodity Rate (Dollars Rate If No Water
Fiscal Year Base Per Thousand Gallons) Meter
2010-11 $20.38 $2.34 $36.78
2011-12 $20.73 $20.79 $2.35 $2.39 $37.22 $37.52
2012-13 $22.46 $21.41 $2.41 $2.46 $39.32 $38.64
2013-14 $22.05 $2.53 $39.80
2014-15 $22.72 $2.61 $40.99
2015-16 $23.40 $2.69 $42.22
The maximum sewer commodity charge for residential customers (in city or outside city) will be based upon a maximum
sewer usage of seven thousand (7,000) gallons per month. Commercial accounts will be billed sewer charges based upon
total water usage.
For multi-family buildings (in city or outside city) in which several dwelling units are serviced by a single meter, the base
facility charge per meter shall be calculated by multiplying the number of dwelling units times the standard base charges for
water, sewer and stormwater. The billing for consumption shall similarly be calculated by dividing the total monthly
consumption for each meter by the number of dwelling units, in order to determine the billing rate and amount per
dwelling which is then multiplied by the number of units on each meter. Billing for utility services for multi-family parcels
shall commence on the first day that either a sewer connection is made or a water meter is set in place.
If the utility account is temporarily disconnected, there shall continue to be a minimum charge for water and wastewater
billed monthly and calculated at the base rate for the applicable billing category.
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Comparison of the City of Boynton Beach’s Water and Wastewater Bills with Other
Communities for 7,000 Gallons of Water Consumed
Comparison With Other Communities Water & Sewer User
Typical Bill at 7 K gallons
$120
$100
$80
$60
Bill
$40
$20
$0
All jurisdictions are compared at current rates.
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10. A
CITY MANAGER’S REPORT
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Update to Commission on Adult Entertainment
EQUESTED CTION BY ITY OMMISSION
Regulations and distance separation from alcohol sales.
ER: City Commission requested that Staff examine the need to amend
XPLANATION OF EQUEST
the City’s adult entertainment regulations to establish and require a minimum separation
distance between such uses and businesses that sell alcohol. This request was prompted by
the pending amendment to the Use Regulations to allow breweries and associated tasting
rooms within the M-1 Zoning District, and the concern that such alcohol-based uses would
support or attract the adult entertainment businesses. Current regulations prohibit the sale or
consumption of alcoholic beverages on the premises of an adult entertainment establishment.
H? Staff has reviewed the current regulations
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
and methodology used in determining zoning, and offers the following findings and
conclusions:
1) The operational characteristics, standards and regulations proposed for
microbreweries are not conducive to supporting adult entertainment businesses. The
pending regulations would restrict the retail component of tasting rooms located within
the M-1 district to 10 p.m. on weekdays and 11 p.m. on weekends. It is a logical and
safe assumption that any adult business that would use a microbrewery as a locational
criterion and rely upon it for operational success would require access to alcohol
resource for hours that more closely coincide with the adult business;
2) As for bars and nightclubs, such uses are not allowed uses in the M-1 zoning district,
nor permitted on any lot within Quantum Park PID that is currently located within the
area identified as meeting the current separation requirements for adult entertainment
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uses. In order for such uses to be allowed within that area of the Quantum Park PID,
the Commission would have to approve an amendment to the Quantum Park Master
Plan/DRI (requiring the submittal of a Notice of Proposed Change (NOPC) to change
the lot designations, as well as possibly the request for an amendment to the list of
approved uses); and
3) Staff did consider a distance separation standard for adult businesses and the sale of
alcohol when recently analyzing and updating the City’s adult entertainment
regulations considering different scenarios using varying separation standards, zoning
districts, and other locational criteria. Staff ultimately excluded an alcohol separation
standard in turn for attaining the balance between the ultimate locations and number of
sites eligible for said businesses. With the principal objective of ensuring that the
amended regulations were based on sound analysis and applicable laws, staff
balanced the need to protect property and community values with the rights of
operators of such businesses. As reported by staff, such uses cannot be excluded
(directly or by effect) by local zoning regulations, and must therefore be
accommodated. Too great a separation standard, and/or too few zoning districts where
such uses are allowed may essentially prevent the possibility of such uses from
locating within the community and therefore threaten the defensibility of our
regulations.
The application of a distance separation standard for businesses that sell alcohol
would eliminate Area #2 of the four (4) areas identified where adult businesses meet
all existing separation requirements (from parks, schools, places of worship, and
public usage and residential zoning districts). Although this would only immediately
represent a decrease of 4 properties from possible consideration, out of the total of 27
properties, and alcohol separation standard would lead to the elimination of a second
area (Area #1) if the anticipated microbrewery opens. The subject brewery was
targeting vacant property located within Area #1. Area #1 is zoned M-1 and currently
contains two (2) properties eligible for an adult business. A second microbrewery
established within the southeast quadrant of Quantum Park, or Area #2, could
eliminate one-half or more of the eligible parcels within the largest of the 4 eligible
areas.
The elimination of Area #3 would reduce the total zoning districts where adult businesses
could locate to two districts (M-1 and PID), and warrant the re-evaluation of the overall
distance standard to offset the loss of properties and areas. If not deemed necessary at this
time, it could result in revisiting the regulations much sooner than expected to repeat the
exercise of updating the regulations to again achieve and acceptable number of parcels
eligible for adult businesses and therefore compliance with federal laws.
FI: N/A
ISCAL MPACT
A: Direct staff to revisit the regulations and determine alternative zoning sites to
LTERNATIVES
achieve acceptable numbers of parcels eligible for adult businesses.
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10. B
CITY MANAGER’S REPORT
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Review and comment on draft RFP for Conceptual
EQUESTED CTION BY ITY OMMISSION
Proposals for the Adaptive Reuse/Renovation of the 1927 High School Building
ER: On July 5, 2011 the City Commission provided direction to staff for
XPLANATION OF EQUEST
the preparation of a draft RFP for redevelopment of the Old High School. Based on these
discussions, staff has prepared a draft for Commission comment and discussion.
The City is seeking statements of qualification and conceptual proposals from firms and
organizations (including not-for-profits) for the adaptive reuse/renovation, occupancy and
operation and maintenance of the high school building.
The RFP includes a brief background of the project including links to all previous building
studies as well as the final report from the IBI Group that the Commission recently contracted
for with REG Architects.
More specifically, staff has included a section titled “City Commitment To The Project”. Below
is the excerpt from the RFP document:
The City of Boynton Beach Community as a whole is strongly committed to successful redevelopment
of the 1927 High School. As such, the City promulgates the following for consideration by the
Proposer:
The City will entertain either a sale or lease of the land as depicted in Exhibit 1 (attached) to the
Proposer below market values. Desired sale and/or lease terms shall be set forth by the
Proposer in the response to this RFP. The Proposer shall be responsible for payment of any
required property tax in either scenario.
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Land identified above shall be used by the Proposer to provide all necessary infrastructure to
ensure a successful project. The City will consider a reduction in the required on-site parking
requirements. The Proposal shall clearly define parking needs and any desired relief to City
parking requirements necessary to support the proposed project. The Proposer shall endeavor
to preserve the Kapok tree west of the high school building. It is preferable that the tree not be
disturbed internal to its drip line.
The City will pay all permit fees on behalf of the Proposer that are necessary to support the
selected Project, up to a maximum amount of $100,000. The required public art component will
not be waived and shall be part of the project proposal.
The City will initiate any rezoning necessary to support the selected Project.
The Boynton Beach Community Redevelopment Agency (CRA) is an entity separate from the
City of Boynton Beach. The CRA may entertain certain incentives for the selected Project.
Examples of potential incentives can be found at the CRA website,
http://www.boyntonbeachcra.com/businesses/. Should the Proposal be contingent upon
subsequent incentives being granted by the CRA, those contingencies shall be clearly identified
in the Proposal.
In addition to the above, the submittal requirements and rating criteria are 1) Qualifications and
Experience – 30 points and 2) Conceptual Proposal(s) – 70 points. The Conceptual Proposal section
requires the respondent to identify, 1) a proposed redevelopment and use; 2) conceptual site plan; 3)
project financing and 4) project schedule.
H? Facilitate the future redevelopment of the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
1927 High School Building.
FI: Depends on level of City Commitment as identified above. Permit fee waivers
ISCAL MPACT
– up to $100,000 (revenue not collected); 2) staff time related to re-zoning application/review
process; 3) potential assistance funding via the CRA as development incentive
A: Do not issue RFP
LTERNATIVES
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13. A
LEGAL
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-020 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - PUBLIC HEARING - Amend the Land Development Regulations (LDR) to 1) modify the
definitions of certain industrial uses to allow an accessory component to include retails sales, tasting
rooms, and facility tours; and 2) to allow such industrial uses within the General Commercial (C-4) zoning
district. Applicant: City-initiated (TABLED 09/06/11)
ER: Within the last year, staff has received inquiries from two (2)
XPLANATION OF EQUEST
individuals seeking locations to open microbrewery (craft beer) establishments in the City.
Each has inquired about locating on industrial properties, primarily because of lower leasing
rates than their commercial counterparts and the probability that existing buildings are
designed to better accommodate the proposed use and its associated operations (e.g., the
need for large spaces and high ceilings). After conducting research, staff realizes that the
microbrewery concept is a burgeoning industry throughout the state, that there is a void in the
immediate area, and that the City’s regulations should be amended to accommodate such
industry. Staff also learned that the typical business model for these microbreweries is
comprised of the following components: 1) beverage production; 2) beverage distribution; and
3) the on-site consumption and retail sales of theirs and similar products. While being
supportive of this emerging industry, staff had initial reservations toward allowing the
consumption of alcohol on-premises for businesses located in industrial areas, due to
concerns the operation would evolve into a brewpub (brewpub, bar, or nightclub – principle
uses which are not allowed in the M-1 district). After further analysis however, staff addressed
this concern by creating a provision (and definition) for a “tasting room,” which simply
described, is a size-restricted area of the establishment where the public is allowed and
encouraged to taste samples of the products produced on-site, as well as products from other
similar establishments. The proposed regulations also include a restriction on the hours of
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operation for tasting rooms within the M-1 district. Staff has learned that the term “tasting
room” and such regulations are commonly associated with this industry.
Staff has drafted the proposed provisions for tasting rooms and retail sales to also apply to
other industrial uses such as those that manufacture food. This was a logical addition to the
amendments and would allow for the on-site tasting and accessory retail component at similar
uses such as bakeries, confectionaries, or other food manufacturers. Finally, these provisions
are proposed to apply to the General Commercial (C-4) zoning district as well as the M-1
district, to expand the siting options for such light industrial uses. Although many breweries
have on-site restaurants or full bars, staff proposes more conservative accommodations at this
time with the intent to expand the provisions later if supported by the local industry and if our
initial experience is positive. Future considerations could include allowing the uses within
commercial zoning districts to allow the commercial component to be a full accessory
restaurant or restaurant/bar. Please see the accompanying staff report for the specific wording
to be added to the Land Development Regulations to codify this proposed amendment.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: New businesses accommodated to contribute to property values, permit
ISCAL MPACT
revenues, and business tax revenues.
A: Not approve subject code amendment or approve with changes.
LTERNATIVES
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ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS
BY AMENDING CHAPTER 1, ARTICLE II, “DEFINITIONS”, TO ALLOW AN
ACCESSORY COMPONENT TO INCLUDE RETAIL SALES, TASTING ROOMS
AND FACILITY TOURS; AMENDING CHAPTER 3, ARTICLE IV, USE
PROVISIONS, TO ALLOW SUCH INDUSTRIAL USES WITHIN THE GENERAL
COMMERCIAL (C-4) ZONING DISTRICT; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS
, staff is proposing amendment to the Land Development Regulations (LDR) to add
operational flexibility to certain industrial uses and to restrict the size of tasting rooms where such
establishments are located within the C-4 and M-1 zoning districts; and
WHEREAS
, the City Commission of the City of Boynton Beach deems it to be in the best
interest of the citizens and residents of the City to amend the Land Development Regulations to allow an
accessory component to include retail sales, tasting rooms and facility tours and to allow such industrial
uses within the General Commercial (C-4) zoning district.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
.
Section 1The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. Chapter 1, Article II, Definitions of the Land Development Regulations, is hereby
amended by adding the words and figures in underlined type, as follows:
Definitions
Part III (LDR), Chapter 1, Article II .
BAKERY, COMMERCIAL
– An establishment primarily engaged in the manufacturing of
bread and other bakery products.
BEVERAGE MFG –
An establishment primarily engaged in the manufacturing, purifying,
bottling, and distribution of beverage products, including ice and alcoholic beverages. This
industrial use may include a subordinate commercial component (i.e. tasting room, retail and
facility tours) that is open to the public.
Deleted:
one or more of the following:
(1) manufacturing soft drinks, tea, and
coffee; (2) manufacturing ice; and (3)
purifying and bottling water. Distilling
and/or brewing is prohibited
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DAIRY PRODUCTS MFG – An establishment that manufactures dairy products from raw milk, processed milk, and
dairy substitutes. This industrial use may include a subordinate commercial component (i.e. tasting room, retail
and facility tours) that is open to the public.
FOOD PROCESSING – An establishment primarily engaged in processing canned, pickled, and dried fruits,
vegetables, specialty foods, snacks, confections, and spices. This industrial use may include a subordinate
commercial component (i.e. tasting room, retail and facility tours) that is open to the public.
FROZEN FOOD – An establishment primarily engaged in processing and freezing fruit, juices, vegetables, and
specialty foods, such as dinners, entrees, and side dishes; pizza; whipped toppings; and waffles, pancakes, and
french toast. This industrial use may include a subordinate commercial component (i.e. tasting room, retail and
facility tours) that is open to the public.
ICE CREAM & FROZEN DESSERT –
An establishment primarily engaged in the
manufacturing frozen desert products such as ice cream, yogurts, ices, sherbets, and other
desserts (except bakery products). This industrial use may include a subordinate commercial
component (i.e. tasting room, retail and facility tours) that is open to the public.
TASTING ROOM –
Commercial floor area of a food or beverage manufacturing establishment
where the public is allowed and encouraged to purchase, taste, and / or consume the products
produced on or off-site. The zoning regulations may contain conditions applicable to tasting
rooms with respect to location, size, hours of operation, and the like, in order to maintain the
ancillary relationship with the principal use and compatibility with surrounding properties and
zoning district.
Section 3. Chapter 3, Article IV, Use Provisions of the Land Development Regulations, is
hereby amended by adding the words and figures in underlined type, as follows:
Use Provisions
Part III (LDR), Chapter 3, Article IV .
Use C-4 district M-1 district Notes
Bakery,
C* P* 4
Commercial
Beverage
C* P* 4
MFG
Dairy
C* P* 4
Products Mfg
Food
C* P* 4
Processing
Frozen Food C* P* 4
Ice Cream &
Frozen C* P* 4
Dessert
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4. General Note.
a. C-4 district
. If proposed on a site that fronts on an arterial or collector roadway, the
establishment shall be required to have an accessory commercial component (i.e., tasting
room and retail showroom) to the operation. The size of the tasting room / retail showroom
shall be at least 10% of the gross floor area or 1,000 square feet, whichever is greater. No
use shall be carried out so as to allow the emission of objectionable or offensive odors or
fumes in such concentration as to be readily perceptible at any point at or beyond the
boundary of the zoning district.
b. M-1 district.
(1) These establishments may include an accessory commercial component
(i.e., tasting room and retail showroom). If located on an arterial roadway, a
commercial component shall be required. The tasting room, retail showroom, and
facility tours shall not be open to the public after 10 p.m., except Fridays and
Saturdays, whereby it may remain open until 11 p.m. Additionally, the size of the
tasting area shall not exceed the following:
(a) For establishments under 10,000 square feet or less: 20% of the
gross floor area but not to exceed 1,500 square feet.
(b) For establishments greater than 10,000 square feet, Not to exceed
1,500 square feet.
(2) No drive-up, drive-through, or drive-in facilities shall be allowed.
(3) The establishment is ineligible for a live entertainment permit.
Section 4. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 5. Authority is hereby given to codify this Ordinance.
Section 6. This Ordinance shall become effective immediately.
FIRST READING this ____ day of ____________, 2011.
SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
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______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. B
LEGAL
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-021 - SECOND
EQUESTED CTION BY ITY OMMISSION
READING - PUBLIC HEARING - Amend the Land Development Regulations, Chapter 3, Article V,
Section 9 "Sidewalk Café" relative to locational and operational characteristics. Applicant: City-initiated
ER:Staff is recommending a series of amendments to the existing
XPLANATION OF EQUEST
Sidewalk Café regulations in the Land Development Regulations (LDR). With the application
submitted by Ms. Kim Kelly for Hurricane Alley, Planning & Zoning staff worked closely with
Engineering and CRA staff and determined that certain revisions should be considered to
provide greater encouragement for businesses to provide outdoor dining and to maximize their
compliance with City standards, including location, perimeter, signage and licensing changes.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: N/A
ISCAL MPACT
A: Do not approve Sidewalk Café amendments on first reading.
LTERNATIVES
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ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS
BY AMENDING CHAPTER 3, ARTICLE V, SECTION 9, SIDEWALK CAFÉS TO
CLARIFY RESTRICTIONS ON LOCATION OF CHAIRS, TABLES, AND OTHER
CAFÉ COMPONENTS; TO ALLOW FOR PEDESTRIAN PATHWAYS; TO ALLOW
FOR SIGNAGE; PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS
, staff is proposing a series of amendments to the existing Sidewalk Café regulations
of the Land Development Regulations (LDR) to provide greater encouragement for businesses to
provide outdoor dining and to maximize compliance with City standards including location, perimeter,
signage and licensing changes; and
WHEREAS
, the City Commission of the City of Boynton Beach deems it to be in the best
interest of the citizens and residents of the City to amend the sidewalk Café regulations of the Land
Development Regulations to provide greater encouragement for businesses to provide outdoor dining
and to maximize compliance with City standards including location, perimeter, signage and licensing
changes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
.
Section 1The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. Chapter 3, Article V, Section 9, Sidewalk Cafés of the Land Development
Regulations, is hereby amended by adding the words and figures in underlined type and deleting
language in strikeout, as follows:
Sec. 9. Sidewalk Cafés.
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A. Definitions. See Chapter 1, Article II for the definition pertaining to sidewalk cafés.
B. Approval Required. It shall be unlawful for any person to operate a sidewalk café on any sidewalk or public right-of-
way within the city without obtaining approval in accordance with Chapter 2, Article II, Section 6.E.
C. Applicability. A sidewalk café may be allowed, subject to review and approval as outlined herein, on an abutting
public sidewalk (right-of-way) and as an accessory use to a legally operating restaurant or nightclub establishment, provided
that such establishment is located within the boundaries of the Community Redevelopment Agency (CRA) area. A sidewalk
café shall be subject to any additional limitations or restrictions of the zoning district for which it is located. A sidewalk café
is prohibited outside the boundaries of the CRA.
D. Regulations.
Deleted:
Sidewalk cafés
1. Private Sidewalk. Chairs, tables and related sidewalk café components shall be restricted to the sidewalk
frontage of the building where the validly licensed restaurant or nightclub is located, unless written authorization is
provided by the owner of the adjacent property and submitted with the application for sidewalk café approval.
2. Accessibility. Tables or chairs shall be located a minimum of five (5) feet from a pedestrian crosswalk or handicap
ramp, bus stop shelter, bus stop sign, taxi stand, stop sign or fire-hydrant.
a. A clear pathway, parallel with the street, with a minimum width of four (4) feet, shall be maintained for
through pedestrian traffic. However, a minimum width of five (5) feet shall be maintained between the seats where the
pedestrian path bisects the proposed seating arrangement.
b. In areas of congested pedestrian activity, the city may require a wider pedestrian path, as circumstances
dictate.
Deleted:
that would have the effect of
3. Perimeter. No objects shall be permitted around the perimeter of a sidewalk area occupied by tables and chairs
forming a physical or visual barrier
unless placed in a manner so as not to discourage the use of the pedestrian path of the sidewalk.
discoursing the use of the pedestrian
path of the sidewalk
4. Safety. Tables, chairs, umbrellas, canopies, awnings, and any other objects utilized as part of the sidewalk café
shall be of quality design, materials, size, elevation, and workmanship, both to ensure the safety and convenience of users.
Awnings, umbrellas, and other decorative material shall be fire-retardant, pressure treated or manufactured, or fire
resistant material. The city may require relocation of tables, chairs, and other objects at any time for safety or pedestrian
flow consideration.
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5. Design. All tables, chairs, umbrellas, canopies, awnings, and any other objects as part of the sidewalk café shall
meet the following minimum design standards:
a. Contribute to the aesthetic appearance of the area where the sidewalk café is proposed by promoting the
design and color theme applicable to that area;
b. Contribute to the efforts of community identity and redevelopment;
c. Not constitute or create traffic or pedestrian hazards; and
d. Respect community standards relative to decency and obscenity.
6. Outstanding Debt. Prior to forwarding the application to the CRA Board, the CRA Director or designee shall
certify that there are no outstanding fines, moneys, fees, taxes or other charges owed to the city by the current or past
owners or operators of the property requesting a sidewalk café approval. Final approval of a sidewalk café shall not
commence until all outstanding debts to the city are paid in full.
Deleted:
One (1) menu board only shall
7. Menu Board. The proposed location and design of the menu sign shall be considered a part of the review for a
be permitted and limited to a maximum
sidewalk café application, and be subject to any applicable standards of the Sign Code.
of four (4) square feet. The proposed
location of the menu sign shall be
considered a part of the review for a
8. Conditions for all Approvals. The following conditions shall apply to all sidewalk cafés:
sidewalk café application. The menu
board shall not be an A-Frame sign.
Deleted:
¶
a. The city and its officers and employees shall not be responsible for sidewalk café components relocated
during emergencies.
b. The approval shall be specifically limited to the area shown on the "exhibit" attached to and made a part
of the permit. The city shall have the right to remove without notice, any tables, chairs or other objects not in the permit
area.
c. The operator shall act to assure that its use of the sidewalk in no way interferes with sidewalk users or
limits their free unobstructed passage. The city may require relocation of tables, chairs and other objects at any time for
safety or pedestrian flow consideration.
d. Operators holding a business tax receipt limited to take-out food shall not be permitted to provide table
service on the sidewalk. This provision shall not include an ice cream shop or coffee bar which is duly licensed for eat-in
service.
e. Tables, chairs, umbrellas, and any other objects permitted as part of a sidewalk café shall be maintained
with a clean and attractive appearance and shall be in good repair at all times.
f. The sidewalk area covered by the application and sidewalk and roadway immediately adjacent to it shall
be maintained in a neat and orderly appearance at all times, and the area shall be cleared of all debris as needed during the
day, and again at the close of each business day.
g. Unless otherwise provided herein, no signs associated with the sidewalk café shall be allowed within the
public right-of-way.
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h. No tables, chairs or any other parts of sidewalk cafés shall be attached, chained, or in any manner affixed
to any tree, post, sign or other fixture, curb or sidewalk within or near the permitted area. .
Deleted:
No additional outdoor seating
authorized herein shall be used for
calculating seating requirements
i. The area between the exterior walls of a restaurant or a nightclub and the edge of sidewalk shall be
pertaining to location of, applications for,
designated as public space. The placement of tables and chairs in this public space shall not constitute a building
or issuance of liquor license for any
improvement which otherwise triggers structural improvements to the operating business under the provisions of the
establishment use area and/or seating
Florida Building Code (FBC) or any state statute. In the event an operator of a restaurant or a nightclub creates a sidewalk
capacity realized through the sidewalk
café use and contiguous outdoor dining
café pursuant to the terms of this section and such creation entails actual structural improvements to any portion of the
shall not invoke provisions of the zoning
structure other than the permanently obstructed ingress or egress to the restaurant or nightclub then, in that event, all
code as they pertain to parking or other
applicable provisions of the FBC or state statutes necessitating improvements to the property shall apply.
matters, with the exception of capital
facilities fees which will be assessed per
seating
j. No food preparation; fire; fire apparatus; or drink preparation or dispensing equipment shall be allowed
on the public sidewalk, other than that employed in the course of ordinary tableside service, including but not limited to
menu items which require table preparation, whether or not such area is covered by the approval.
k. Upon the issuance of a "Hurricane Warning" or "Hurricane Watch" by the authorities, the operator shall
forthwith remove and place indoors all tables, chairs, awnings and other equipment located on the sidewalk.
…
Section 3. Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 4. Authority is hereby given to codify this Ordinance.
Section 5. This Ordinance shall become effective immediately.
FIRST READING this ____ day of ____________, 2011.
SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Marlene Ross
ATTEST:
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___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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PLANNING AND ZONING
MEMORANDUM
TO: Vivian Brooks, CRA Director
THROUGH: Michael Rumpf, Planning & Zoning Director
FROM: Ed Breese, Principal Planner
DATE: August 2, 2011
SUBJECT: Sidewalk Café Code Amendments
Staff is recommending a series of amendments to the existing Sidewalk Café regulations in the Land
Development Regulations (LDR). With the application submitted by Ms. Kim Kelly for Hurricane
Alley, Planning & Zoning staff worked closely with Engineering and CRA staff and had time to review
a large outdoor dining area for the first time, and after close analysis, determined that certain revisions
should be considered to provide greater encouragement for businesses to provide outdoor dining and to
maximize their compliance with City standards.
Staff analyzed the regulations when applying them to the current application and saw areas where the
code could be improved, and as such, suggests the code be amended as follows:
Relative to location, the current language reads, “Sidewalk cafes shall be restricted to the
sidewalk frontage of the building where the validly licensed restaurant or nightclub is located”.
Staff is suggesting the language be modified to encourage outdoor seating similar to active
downtowns like Delray Beach, Lake Worth and West Palm Beach, and recommends the
regulation read, “Chairs, tables and related sidewalk café components shall be restricted to the
sidewalk frontage of the building where the validly licensed restaurant or nightclub is located,
unless written authorization is provided by the owner of the adjacent property and submitted with
the application for sidewalk café approval”.
Relative to the perimeter, the current language reads, “No objects shall be permitted around the
perimeter of a sidewalk area occupied by tables and chairs that would have the effect of forming
a physical or visual barrier discoursing the use of the pedestrian path of the sidewalk”.
Staff is suggesting the language be modified to read, “No objects shall be
permitted around the perimeter of a sidewalk area occupied by tables and chairs unless placed in
a manner so as not to discourage the use of the pedestrian path of the sidewalk”. Staff recognizes
the benefit of delineating the limits/perimeter of the outdoor seating area, to ensure that the
pedestrian path is maintained in an unobstructed manner. Certain openings would be maintained
from the public pathway into the outdoor dining area, however the general public would no
longer be required walk between closely bunched tables in order to get from point A to point B.
Relative to Menu Board regulations, the current language reads, “One (1) menu board only shall
be permitted and limited to a maximum of four (4) square feet. The proposed location of the
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menu sign shall be considered a part of the review for a sidewalk café application. The menu
board shall not be an “A”- Frame sign”.
Staff is suggesting the sign simply be subject to the Sign Code regulations, and therefore be
modified to read, “The proposed location and design of the menu sign shall be considered a part
of the review for a sidewalk café application, and be subject to any applicable standards of the
Sign Code”.
Relative to the liquor license, the current language reads, “No additional outdoor seating
authorized herein shall be used for calculating seating requirements pertaining to location of,
applications for, or issuance of liquor license for any establishment……..”.
Staff is suggesting the elimination of this language, as the natural extension of a restaurant or
nightclub from inside to officially recognized outdoor seating should not adversely affect any
liquor license associated with the business.
Based upon the above-noted rationale, staff recommends these amendments to the Sidewalk Café
regulations. If there are no objections, staff will prepare the necessary ordinance.
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13. C
LEGAL
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:Approve request for Hurricane Alley Sidewalk Café Permit.
EQUESTED CTION BY ITY OMMISSION
Applicant - Ms. Kim Kelly, owner (TABLED 09/06/11)
ER:Kim Kelly, owner of the Hurricane Alley Restaurant, is looking to
XPLANATION OF EQUEST
combine the space currently occupied by the restaurant with the tenant space to the east
formerly occupied by the Eye of the Storm ice cream parlor, to enlarge her restaurant space
and seating capacity in an effort to upgrade her liquor license. The upgraded liquor license
requires a minimum of 150 seats and the restaurant is currently licensed for 96 seats. The
proposal is to increase the seating to 151, of which 54 seats are proposed to be located
outside and are the subject of this sidewalk café application.
CRA, Engineering and Planning staff met on site with the business operator to discuss optimal
seating layout, taking into consideration pedestrian convenience and safety. The table and
th
chair layout approved by the CRA at their August 9 meeting is the culmination of the design
agreed to by all parties. The applicant has met all of the submittal requirements for sidewalk
café approval and staff has drafted the companion code amendments (first reading of the
Ordinance is also on this agenda), in an effort to provide greater encouragement for
businesses to offer outdoor dining and maximize their compliance with City standards.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: There will be a slight increase of approximately $200 in the annual business
ISCAL MPACT
tax fee. Increase in State Sales Tax Revenue Sharing will be negligible.
A: Do not approve Sidewalk Café permit.
LTERNATIVES
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13. D
LEGAL
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-023 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Amend the Land Development Regulations (LDR) to 1) allow Indoor Athletic Instruction /
Training establishments in the M-1 zoning district without limiting their size or restricting their location to
multiple-tenant buildings on properties fronting on arterial or collector roadways; 2) change the definition
of Indoor Athletic Instruction / Training to emphasize athletic activities; and 3) expand the definition of
Indoor Entertainment to include indoor playground and play centers. Applicant: City-initiated.
ER:Last year staff comprehensively evaluated gymnastics, dance
XPLANATION OF EQUEST
instruction, cheerleading, karate studios, and other similar athletic instruction related types of
businesses, and discovered that many of them rely on building designs with taller ceilings and
larger spaces in order to accommodate their specific training apparatus and physical routines.
These requisite characteristics are typically found in buildings on sites located in industrial
areas, more so, than in commercial centers. To address this issue, staff created provisions for
“Indoor Athletic Instruction / Training,” which essentially blended the aforementioned uses into
a single principal use. The underlying characteristic of this use however, is the “instruction and
training” component to the operation. This code amendment, if approved, would further the
initiative for internal consistency in the LDR, in that the current restriction limiting the location of
these establishments to arterial and collector roadways in the M-1 district was an unintended
consequence resulting from the wholesale changes to the code by the LDR Rewrite project.
Staff has received inquiries from businesses that provide indoor recreational activities for
children, particularly those establishments with . Staff
indoor playgrounds and play centers
believes indoor playgrounds and play centers, as a principal use, will be a growing industry,
especially after the economy rebounds and residents have more disposable income for
recreation and entertainment. This type of use however, is not explicitly itemized under a
particular principal use heading in the zoning code. To be more user-friendly and avoid future
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confusion, staff is recommending changing the current definition of Indoor Entertainment to
include the aforementioned activities. Staff believes the proposed code amendment would
also further business and economic development by allowing more properties to be available
to indoor playground and child play centers - a type of business that is becoming more popular
in the recreation industry.
rd
The Planning & Development Board reviewed this item on August 23 and forwards it to the
City Commission with a recommendation for approval.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: New businesses accommodated to contribute to property values, permit
ISCAL MPACT
revenues, and business tax revenues.
A: Not approve subject code amendment or approve with changes.
LTERNATIVES
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ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS,
CHAPTER 1, ARTICLE II, “DEFINITIONS”, TO EMPHASIZE
ATHLETIC ACTIVITIES AND EXPAND THE DEFINITION OF
INDOOR ENTERTAINMENT TO INCLUDE INDOOR
PLAYGROUND AND PLAY CENTERS; AMENDING CHAPTER 3,
ARTICLE IV, “USE REGULATIONS” TO ALLOW INDOOR
ATHLETIC INSTRUCTION /TRAINING IN THE M-1 ZONING
DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS
, Indoor Athletic Instruction / Training is considered a blend of different types of
activities that may be commonly found in other similar principal uses; and
WHEREAS
, staff created a new blended principal use however, it was discovered that a
restriction had been inadvertently placed on the subject use in the M-1 district, essentially limiting it to
multi-tenant buildings on properties that front arterial or collector roadways; and
WHEREAS,
staff believes that indoor playgrounds and play centers is a growing industry that
the M-1 district should be considered for this addition based on its similarity with the other uses in this
category as well as similar building design needs that are commonly found in the industrial district; and
WHEREAS,
the City Commission has considered the recommendations and has determined and
finds that the changes in definitions of Indoor Athletic Instruction / Training and Indoor Entertainment,
along with allowing Indoor Athletic Instruction / Training establishments in the M-1 zoning district
without limiting their size or restricting their location to multiple-tenant buildings on properties fronting
on arterial or collector roadways will further the initiative for internal consistency in the Land
Development Regulations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
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Section 2.
Chapter 1, Article II, “Definitions”, of the Land Development Regulations of the
City of Boynton Beach Code of Ordinances is hereby amended as follows:
…
ENTERTAINMENT, INDOOR
- An establishment primarily engaged in operating amusement
arcades/parlors, billiard halls, bowling alleys, paint ball, shooting ranges, skating rinks, playground and
play centers, and the like. Arcades include any electric or electronic machines (i.e. pinball, video
games) which provide amusement, enjoyment, or entertainment, and must comply with F.S. Chapter
849. See "Amusement Arcade."
…
INDOOR ATHLETIC INSTRUCTION / TRAINING
- An establishment primarily engaged
in offering athletic instruction or training including martial arts, gymnastics, cheerleading,
Deleted:
in arts or recreation,
batting/golfing, and dance studios, and other similar types of uses having the same characteristics and
special needs as confirmed by staff.
…
Section 3.
Chapter 3, Article IV, Section 3.D “Use Matrix” of the Land Development
Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows:
SEE ATTACHED MATRIX
Section 4.
Chapter 3, Article IV, Section 3.E “Use Matrix Notes and Restrictions” of the
Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as
follows:
Deleted:
67
66. Entertainment, Indoor.
Deleted:
plaza
a. C-2 District. Limited to amusement arcades and shall be only allowed in a shopping center located on
an arterial roadway.
b. M-1 District. Limited to indoor playground / play centers and amusement arcades only.
Section 5.
Each and every other provision of the Land Development Regulations not herein
specifically amended, shall remain in full force and effect as originally adopted.
Section 6.
All laws and ordinances applying to the City of Boynton Beach in conflict with
any provisions of this ordinance are hereby repealed.
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Section 7.
Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 8.
Authority is hereby given to codify this Ordinance.
Section 9.
This Ordinance shall become effective immediately.
FIRST READING this ___ day of ___________, 2011.
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SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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P = Permitted
Residential Commercial Mixed-Use Indus Misc
C = Conditional
NOTES *
A = Accessory
X = Prohibited
AA
√L1L2L3
√√
H
IPUD
A
MHPSMU
AABPID
CBD
* (see Legend)
PUD
PCD
----REC
-
--
1
MUMUMUMU
1111231234
√ PU
(see Legend)
-
----------
M
RRRRRRCCCC
√√
(see Legend)
ARTS, ENTERTAINMENT & RECREATIONAL
2
6
Indoor Athletic
PPPPPPPP9
Instruction /
P P P
* * * * * * * * 11
Training
68
Deleted:
69
Formatted: Underline
Formatted: Underline
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13. E
LEGAL
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
DMINISTRATIVEEW USINESS
AI
GENDA TEM
CA L
ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-024 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Amend the Land Development Regulations (LDR) to clarify the methodology used to
calculate the maximum wall signage allowed for any given building or tenant space. Applicant: City-
initiated.
ER: Prior to the approval of Ordinance 10-025 (LDR Rewrite), the sign
XPLANATION OF EQUEST
code was more explicit with respect to the methodology used in determining the maximum
allowable wall sign area. According to the prior, longstanding LDR, the maximum area was
based on the linear building frontage. Therefore, sign area is logically intended to be a factor
of length of building frontage and presence along the principal roadway, rather than a factor of
building depth or perimeter. However, the term frontage was inadvertently excluded from the
new code when the written standard was converted into tabular format. The omission of
“frontage” from the LDR potentially changes the meaning or interpretation of this standard,
which would allow signs that are excessive in size and inconsistent with the intent of the City’s
sign regulations.
rd
The Planning & Development Board reviewed this item on August 23 and forwards with a
recommendation for approval.
H? N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: N/A
ISCAL MPACT
A: Not approve subject code amendment or approve with changes.
LTERNATIVES
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ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 4, ARTICLE
IV, SECTION 1.C.1, “WALL SIGN (AFFIXED TO BUILDINGS)” TO CLARIFY
THE METHODOLOGY USED TO CALCULATE THE MAXIMUM WALL
SIGNAGE ALLOWED FOR ANY GIVEN BUILDING OR TENANT SPACE;
PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS
, prior to the Land Development Regulations rewrite, the sign code was more
explicit with respect to the methodology used in determining the maximum allowable wall sign area;
and
WHEREAS
, the maximum area was based on the linear building frontage and therefore, sign
area is logically intended to be a factor of length of building frontage and presence along the principal
roadway, rather than a factor of building depth or perimeter; and
WHEREAS,
the term frontage was inadvertently excluded from the new code when the written
standard was rearranged into tabular format which omission potentially changes the meaning or
interpretation of this standard and would allow signs that are excessive in size and inconsistent with the
intent of the City’s sign regulations; and
WHEREAS,
the City Commission has considered the recommendations and has determined and
finds that the changes to clarify the methodology used to calculate the maximum wall signage allowed
for any given building or tenant space is consistent to meet the intent of the original sign code in the
Land Development Regulations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2.
Chapter 4, Article IV, Section 1.C.1. “Wall Sign (Affixed to Building)” of the
Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as
follows:
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…
b. Maximum Sign Area (Table 4-13).
The maximum allowable wall sign area is a
factor of the zoning district within which a building is located and the length of such
building. Specifically, it shall be based on the ratio of wall and to ach linear foot of
building frontage or tenant space frontage. The maximum allowable area for wall signs
is a factor of the zoning district and length of the building wall. Wall signs shall be
allowed in accordance with the following table:
Ratio of Maximum Allowable
Signage Area
Zoning District
Sign Area Building
(square feet) Frontage
Residential
Single-Family
1
districts
1
R-2
1
PUD1 s.f. 1-foot
2
R-3
2
IPUD
CBD
Industrial
Commercial, excluding
CBD
3,4
1.5 s.f 1-foot
Mixed Use
Miscellaneous
1
Wall signs are allowed for nonresidential developments within the
following: 1) single-family residential districts; 2) the R-2 and PUD districts; and
3) all developments containing multiple-family residential uses (in excess of 10
dwelling units). The cumulative signage area shall not exceed 32 square feet.
The top of the sign(s) shall not exceed the height of 10 feet. Wall signs are
allowed for nonresidential developments within single-family residential, two-
family residential and planned unit development zoning districts, and within all
developments containing multiple-family residential uses (in excess of 10
dwelling units). The top of the sign(s) shall not exceed the height of 10 feet.
2
Wall signs are allowed within all developments containing multi-family
residential or nonresidential uses.
3
Pursuant to Section 5.C.2 below, the maximum wall sign area may be
increased by 10% to allow for additional signage on rear facades of multiple-
tenant buildings within nonresidential developments.
4
For a multiple-tenant building designed as an indoor shopping mall, the
maximum allowable wall sign area may be increased, provided the total signage
area (per wall of a major department store or center store containing an exterior
customer entrance) does not exceed 10% of the area for each façade.
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…
Section 3.
Each and every other provision of the Land Development Regulations not herein
specifically amended, shall remain in full force and effect as originally adopted.
Section 4.
All laws and ordinances applying to the City of Boynton Beach in conflict with
any provisions of this ordinance are hereby repealed.
Section 5.
Should any section or provision of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder
of this Ordinance.
Section 6.
Authority is hereby given to codify this Ordinance.
Section 7.
This Ordinance shall become effective immediately.
FIRST READING this ___ day of ___________, 2011.
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SECOND, FINAL READING AND PASSAGE this _____ day of ________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jose Rodriguez
______________________________
Vice Mayor – William Orlove
______________________________
Commissioner – Woodrow L. Hay
______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Marlene Ross
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 11-033
Chair and Members
TO:
Planning & Development Board
FROM: Eric Lee Johnson, AICP
Planner II
Michael Rumpf
THROUGH:
Director of Planning and Zoning
August 15, 2011
DATE:
Wall Signs (CDRV 11-009)
RE:
Wall Sign Area and Building Frontage
Amendment to Land Development Regulations
OVERVIEW
The rewrite of the City’s land development regulations (LDR) allowed staff to perform a complete
review and analysis of each standard, regulation, and process. As part of the post-adoption process, staff
anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to
the LDR for one or more of the following reasons or initiatives:
1. Business and economic development;
2. Sustainability;
3. Maintaining internal consistency;
4. Achieving regulatory compliance; and
5. Incorporating implementation feedback necessary to meet original or current objectives
and vision.
NATURE OF REQUEST
Amend the Land Development Regulations (LDR) to clarify the methodology used to calculate the
maximum wall signage allowed for any given building or tenant space.
BACKGROUND
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Prior to the approval of Ordinance 10-025 (LDR Rewrite), the sign code was more explicit with respect
to the methodology used in determining the maximum allowable wall sign area. According to the prior,
frontage.
longstanding LDR, the maximum area was based on the linear building Therefore, sign area is
frontage
logically intended to be a factor of length of building and presence along the principal roadway,
rather than a factor of building depth or perimeter. However, the term frontage was inadvertently
excluded from the new code when the written standard was rearranged into tabular format. The
frontage
omission of from this clause potentially changes the meaning or interpretation of this standard,
which would allow signs that are excessive in size and inconsistent with the intent of the City’s sign
regulations.
The below example describes the nuances between the two (2) possible interpretations, each utilizing the
existing sign code regulation where maximum signage is calculated using the formula of one and one-
half (1.5) square feet of wall sign area being allowed for each linear foot.
A certain building is located in a commercial zoning district and has frontage on Main Street. The
length of the building along Main Street is 150 feet. The other three (3) sides of the building are also
150 feet long, but they do not have frontage on any other streets. The maximum wall sign area is 1.5
square feet for every linear foot.
Example 1 – “Linear Building Frontage”
Under this methodology, the maximum allowable area is based on the actual building frontage,
which in the above scenario is only one side of the building (150 feet). This translates to the
following:
1.5 s.f. of wall sign area x 150 linear feet = 225 square feet of wall sign area
Example 2 – “Each Liner Foot of Building or Tenant Space”
Under this methodology, the maximum allowable area is based on all four (4) sides of the
building because there is no stipulation for frontage, resulting in 600 linear feet. This translates
to the following:
1.5 s.f. of wall sign area x 600 linear feet = 900 square feet of wall sign area.
It is clear from the above examples that the term “frontage” is critical to the methodology when
determining maximum allowable wall sign area. This methodology continues what has been enforced
for many years in the City and is consistent with the standard method found in most sign codes
throughout the country.
PROPOSED AMENDMENTS
To meet the intent of the original sign code, and to enhance the appearance of the way it would appear
on the LDR, the following changes are recommended to Part III (LDR), Chapter 4, Article IV:
See next page
b. Maximum Sign Area (Table 4-13).
The maximum allowable wall sign area is a
factor of the zoning district within which a building is located and the length of such
building. Specifically, it shall be based on the ratio of wall and to ach linear foot of
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building frontage or tenant space frontage. The maximum allowable area for wall signs
is a factor of the zoning district and length of the building wall. Wall signs shall be
allowed in accordance with the following table:
Ratio of Maximum Allowable Signage Area
Zoning District
Sign Area
Building Frontage
(square feet)
Residential
1
Single-Family districts
1
R-2
1
PUD
1 s.f.1-foot
2
R-3
2
IPUD
CBD
Industrial
Commercial, excluding
CBD
3,4
1.5 s.f 1-foot
Mixed Use
Miscellaneous
1
Wall signs are allowed for nonresidential developments within the following: 1) single-
family residential districts; 2) the R-2 and PUD districts; and 3) all developments containing
multiple-family residential uses (in excess of 10 dwelling units). The cumulative signage area
shall not exceed 32 square feet. The top of the sign(s) shall not exceed the height of 10 feet. Wall
signs are allowed for nonresidential developments within single-family residential, two-family
residential and planned unit development zoning districts, and within all developments containing
multiple-family residential uses (in excess of 10 dwelling units). The top of the sign(s) shall not
exceed the height of 10 feet.
2
Wall signs are allowed within all developments containing multi-family residential or
nonresidential uses.
3
Pursuant to Section 5.C.2 below, the maximum wall sign area may be increased by 10%
to allow for additional signage on rear facades of multiple-tenant buildings within nonresidential
developments.
4
For a multiple-tenant building designed as an indoor shopping mall, the maximum
allowable wall sign area may be increased, provided the total signage area (per wall of a major
department store or center store containing an exterior customer entrance) does not exceed 10% of
the area for each façade.
RECOMMENDATION
Staff recommends that the proposed amendments to the sign code as described above be approved.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 11-009 Wall Signs\CDRV 11-009 Wall Signs Staff Report.doc
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13. F
LEGAL
September 20, 2011
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ETTLEMENTS
RACC:PROPOSED ORDINANCE NO. 11-025 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Changing all references in the City's Code of Ordinances and any other City records from
"Boat Club Park" to know be known as "Harvey E. Oyer, Jr. Park" as previously approved by the City
Commission.
ER: At the June 21, 2011 meeting, the Commission approved renaming
XPLANATION OF EQUEST
Boat Club Park in honor of Harvey E. Oyer, Jr. Consequently, this requires changing all
references to “Boat Club Park” in the City of Boynton Beach’s Code of Ordinances and all
other City records to now be known as “Harvey E. Oyer, Jr. Park”.
H? No affect.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI: No impact.
ISCAL MPACT
A: None. The Code of Ordinances and all City records need to be changed to
LTERNATIVES
reflect the new name of the park.
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ORDINANCE NO. 11- ________
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA AMENDING ALL
REFERENCES IN THE CITY’S CODE OF ORDINANCES AND
ALL OTHER CITY RECORDS TO REFLECT THE NAME
CHANGE OF “BOAT CLUB PARK” TO “HARVEY E. OYER,
JR. PARK”, PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS
, at the June 21, 2011 City Commission meeting the City Commission approved
renaming Boat Club Park to now be known as “Harvey E. Oyer, Jr. Park”; and
WHEREAS
, all references in the City’s Code of Ordinances and all other City records will need
to be changed to reflect that Boat Club Park shall now be know as “Harvey E. Oyer, Jr. Park”.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and incorporated herein
by this reference.
Section 2. All references in the City of Boynton Beach Code of Ordinances and all other
City records shall be changed to reflect that Boat Club Park shall now be known as “Harvey E. Oyer, Jr.
Park”
Section 3. Each and every other provision of the City of Boynton Beach’s Code of
ordinances not herein specifically amended shall remain in full force and effect as previously enacted.
Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 5. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this ordinance.
Section 6. Authority is hereby granted to codify said ordinance.
Section 7. This ordinance shall become effective immediately.
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FIRST READING this ____ day of ______________, 2011.
SECOND, FINAL READING AND PASSAGE this ___ day of _________________, 2011.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Jose Rodriguez
_____________________________
Vice Mayor – William Orlove
_____________________________
Commissioner – Woodrow L. Hay
_____________________________
Commissioner – Steven Holzman
_____________________________
Commissioner – Marlene Ross
ATTEST:
________________________
Janet M. Prainito, MMC
City Clerk
(CORPORATE SEAL)
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14. A
FUTURE AGENDA ITEMS
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
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CMD: September 20, 2011
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ETTLEMENTS
RACC:Modification to the City’s lobbying registration ordinance -
EQUESTED CTION BY ITY OMMISSION
10/4/11
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
537 of 542
14. B
FUTURE AGENDA ITEMS
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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ETTLEMENTS
RACC:City Manager Search - 10/04/11
EQUESTED CTION BY ITY OMMISSION
ER: As a follow-up to the June 21, 2011 City Commission meeting, staff
XPLANATION OF EQUEST
will bring back to Commission a recommended process for a City Manager search. This will
include job description and qualifications, profile of the City and the ideal candidate, application
screening options and suggested timeline.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
538 of 542
14. C
FUTURE AGENDA ITEMS
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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AI
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ETTLEMENTS
RACC:Follow-up to City/CRA workshop - 10/04/11
EQUESTED CTION BY ITY OMMISSION
ER: As a follow-up to the May 17, 2011 Commission meeting, staff will
XPLANATION OF EQUEST
bring back to the Commission updated funding estimates for options 1a and 1b which included
relocating the Police Department to either the High Ridge Road site or East Seacrest Blvd.
Staff will also provide land values on city owned property available for sale. The appraisals
are now complete and will be provided in the staff update.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
539 of 542
14. D
FUTURE AGENDA ITEMS
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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ETTLEMENTS
RACC:Revisions to restrictions for vehicle size in residential
EQUESTED CTION BY ITY OMMISSION
districts - 10/18/11
ER: Development staff will provide draft ordinance revisions for
XPLANATION OF EQUEST
consideration by the City Commission regarding restrictions for vehicle size in residential
districts.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
540 of 542
14. E
FUTURE AGENDA ITEMS
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
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CMD: September 20, 2011
OMMISSION EETING ATE
O PH
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ETTLEMENTS
RACC:Draft Economic Development Plan for the City of Boynton
EQUESTED CTION BY ITY OMMISSION
Beach - 10/18/11
ER: Pursuant to a discussion at its meeting of June 7, 2011, the City
XPLANATION OF EQUEST
Commission requested that staff provide information on the tools that should be used and the funds that
should be budgeted to create a plan for economic growth in the City.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
541 of 542
14. F
FUTURE AGENDA ITEMS
September 20, 2011
COBB
ITY F OYNTON EACH
AIRF
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CMD: September 20, 2011
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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DMINISTRATIVEEW USINESS
AI
GENDA TEM
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CCL
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ETTLEMENTS
RACC:Report from Branding Committee - 10/18/11
EQUESTED CTION BY ITY OMMISSION
ER: As the City begins it’s Economic Development planning and
XPLANATION OF EQUEST
initiatives, serious consideration should be given to the City’s image as well. In order for the
City of Boynton Beach to become a destination location, it needs to have an identifiable
presence connecting to our amenities. As a result of the recommendation from the Arts
Commission, a Branding Committee comprised of City staff and members of the CRA and
Chamber of Commerce has been working together to capture that image and receive feedback
from our stakeholders. The accumulation of that effort will be presented in a Branding Report
to the City Commission.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
542 of 542