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Agenda 11-15-11 Searchable The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, NOVEMBER 15, 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 Visit our Web site www.boynton–beach.org We’re Reinventing City Living for The Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 527 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Vice Mayor Orlove D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of Citation for Cbeyond. Citation will be accepted by Mark McGuire, vice president and General Manager of Cbeyond’s Miami office. B. Presentation by Recreation & Parks Director Wally Majors regarding the Department's National Re-Accreditation through the Commission for Accreditation of Park and Recreation Agencies (CAPRA). Accreditation is a distinguished mark of excellence that affords external recognition of an organization's commitment to quality and improvement. This will include a 6.5 minute video presentation that will explain the accreditation process and its value. The Department will also recognize various staff who took part in this significant accomplishment. C. Announce the Holiday Parade, Tree Lighting and Concert. D. Announce the Holiday Boat Parade 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards B. Accept the resignation of Merline Pamplona, a regular member of the Financial Advisory Committee C. Accept the resignation of David Madigan, a regular member of the Financial Advisory Committee 3 of 527 D. Accept the resignation of Christiane Francois, a regular member of the Historic Resource Preservation Board 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. PROPOSED RESOLUTION NO. R11-122 A. - Approve and authorize the Interim City Manager to sign the Services Agreement between the City of Boynton Beach and Oneeighty for Girls, Inc. (the "Provider"), authorizing the City to enter into an agreement to provide funding in the amount of $12,000 to Oneeighty for Girls, Inc. as a partner in the implementation of the Gang Prevention and Intervention Grant. PROPOSED RESOLUTION NO. R11-123 B. - Approve and authorize the Interim City Manager to sign the Services Agreement between the City of Boynton Beach and Chu Chu Productions, Inc. (the "Provider"), authorizing the City to enter into an agreement to provide funding in the amount of $1,300 to Chu Chu Productions, Inc. as a partner in the implementation of the Gang Prevention and Intervention Grant. PROPOSED RESOLUTION NO. R11-124 C. - Approve and authorize the Interim City Manager to sign the Services Agreement between the City of Boynton Beach and JWPC Solutions, LLC (the "Provider"), authorizing the City to enter into an Agreement to provide funding in the amount of $1,200 to JWPC Solutions, LLC as a partner in the implementation of the Gang Prevention and Intervention Grant. D. Approve the Bid for "ANNUAL SUPPLY OF MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" Bid # 070-1412-11/MFD to the following four (4) companies: Florida Embroidered Patches, Global Trading, SP Design and Special Products Group on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $35,000. PROPOSED RESOLUTION NO. R11-125 E. - Approve an Interlocal Agreement (ILA) for Palm Beach County to transfer to City four transit coaches for $1 (one dollar) each; reconveying the transit coaches to The Volen Center; authorizing approval of Letter of Understanding with The Volen Center. PROPOSED RESOLUTION NO. R11-126 F. - Approve and authorize the Interim City Manager to sign an Agreement with CRS Max Consultants, Inc. of Coconut Creek, FL for the purpose of developing a Flood Mitigation Plan for the City of Boynton Beach, RFP #078-2411-11/TWH in the amount of $29,750. G. Approve utilizing the State of Florida Contract #680-050-12-1 with Lawmen & Shooters Supply for approximately $43,000 for the following: ammunition, gun parts, and cleaning supplies. 4 of 527 H. Approve full release of surety for the project known as Imagine Charter School, and authorize returning: (1) the $73,681.30 performance bond for the water distribution system and wastewater collection/transmission system and (2) the $111,100.00 performance bond for the wastewater lift station to MG3 Developer Group, LLC. I. Approve recommendation to rename Veterans' Bicentennial Park to Veterans' Memorial Park. PROPOSED RESOLUTION NO. R11-127 J. - Authorize Interim City Manager and City Clerk to execute a Confidentiality Agreement and for staff to commence negotiations of a Contract with Aware Digital, Inc. of Hallandale, FL, staff's #1 ranked firm as a result of RFQ 072-2821-11/TWH for "SYSTEM INTEGRATORS FOR SECURITY SYSTEM UPGRADES". K. Approve the minutes from the City Commission regular meeting held on November 1, 2011 PROPOSED RESOLUTION NO. R11-128 L. - Approve an Agreement with a three (3) year service rate guarantee with Solantic Walk-In Urgent Care to provide Physician Services for the City of Boynton Beach and authorize the Interim City Manager to execute the Agreement for the City. 7. BIDS AND PURCHASES OVER $100,000 A. Award the Bid for "ANNUAL BID FOR THE PURCHASE OF 11R22.5 RECAP/RETREAD TIRES" Bid # 075-1412-11/MFD to : Wingfoot Commercial Tire Systems, LLC. as the primary vendor and to Tiresoles of Broward as the secondary vendor, as both are responsive, responsible bidders who met all specifications. Estimated annual expenditure is $130,000. B. Approve utilizing the State of Florida Contract #725-330-05-1 with Verizon Wireless for approximately $105,500 for smart phone service, cell phone service and air cards for wireless data services. 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. Approve conditional use and major site plan modification for a drive-through facility at a Publix grocery store on 14.42 acres in the C-3 Community Commercial zoning district. Applicant Jami Passer, E&A Sunshine, LLC. B. Approve a site plan time extension for one year for the proposed Timeless Life Care project consisting of an assisted living facility and ancillary retail on 1.21 acres in the 5 of 527 MU-L2 Mixed Use Low 2 zoning district. Applicant: Bradley Miller, Miller Land Planning Consultants. C. Approve a Master Plan Modification to the Stonehaven Master Plan to reduce the rear yard setback from fifteen (15) feet to one (1) foot for Lot 112 in order to accommodate a home addition on an existing 14 foot by 18 foot concrete slab installed at the time the house was originally constructed. Applicant: Stonehaven HOA. D. Approve Use to allow a wholesale vehicle dealer (with no on-site sales) on Lot 70 of the Quantum Park Planned Industrial Development (PID) district. Applicant: Duke PGC at Quantum 1 9, LLC. 10. CITY MANAGER’S REPORT A. Review and approve property appraisal costs and consider timeline for disposition of certain City-owned Real Property. 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 11-030 - FIRST READING A. - Request to consider amendment to City Code regarding temporary banners to allow "feather" banners. TABLED ON 11/1/11 PROPOSED ORDINANCE NO. 11- 031 - FIRST READING B. - Providing for a temporary, 2-year suspension of the application or enforcement of provisions of Chapter 1, Article V, .Section 2: Workforce Housing Program. Applicant: City-initiated. C. Request for closed door session to be held at 6:00 p.m. on Tuesday, December 6, 2011 regarding CLEAR CHANNEL OUTDOOR, INC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502011CA014815XXXXMB(AJ). PROPOSED RESOLUTION NO. R11-129 D. - Approve the issuance of a “Notice of Intent”, in preparation for a code review of Land Development Regulations involving land use/rezoning and related development applications as directed in the Economic Development Implementation Initiatives adopted by City Commission at the October 18, 2011 meeting. 14. FUTURE AGENDA ITEMS A. Review three (3) alternate proposals for leasing, construction and maintenance of a billboard on property owned by the City - 12/06/11 B. Revisions to restrictions for vehicle size in residential districts - TBD 6 of 527 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. 7 of 527 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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: Presentation of Citation for Cbeyond. Citation will be EQUESTED CTION BY ITY OMMISSION accepted by Mark McGuire, vice president and General Manager of Cbeyond’s Miami office. ER: Cbeyond is an Atlanta-based company that provides IT and XPLANATION OF EQUEST communications solutions for small businesses to help them achieve revenue growth. Cbeyond operates in 14 major markets, including Miami/South Florida. The company is expanding from the Miami area into Boynton Beach with a satellite office and has an ongoing commitment to helping our community through its hiring initiatives and volunteerism. The ribbon cutting, which will involve participation from the Greater Boynton Beach Chamber of Commerce is scheduled for November 18, 2011 at 9:30 a.m. at 1903 S. Congress Ave., Suite 160 in Boynton Beach. In addition to the ribbon cutting, Cbeyond plans to hold a food drive at the event to encourage employees and other attendees to donate food or provide monetary donations to the South Florida Food Bank. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Not to present citation. LTERNATIVES 8 of 527 Citation There are currently more than 27 million small businesses in the United States, according to the Small Business Administration. Small businesses serve as the economic growth engine in our country creating between 60 to 80 percent of all jobs each year. One company, Cbeyond, recognizes the important role small businesses play on a big scale and in the local communities in which they operate. Cbeyond also realizes that entrepreneurs need reliable and secure IT and communications solutions to help their businesses achieve revenue growth. Cbeyond has served the South Florida small business community since 2008 when it opened its Miami office. As important, the company has brought its culture of volunteerism and community outreach to South Florida, participating in a various philanthropic efforts – including Feeding South Florida. Now, therefore, I, Jose Rodriguez, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, recognize with this Citation Cbeyond for its expansion into Boynton Beach with a satellite office and its ongoing commitment to helping our community through its hiring initiatives and volunteerism. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 15th day of November, Two Thousand and eleven. 9 of 527 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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: Presentation by Recreation & Parks Director Wally Majors EQUESTED CTION BY ITY OMMISSION regarding the Department's National Re-Accreditation through the Commission for Accreditation of Park and Recreation Agencies (CAPRA). Accreditation is a distinguished mark of excellence that affords external recognition of an organization's commitment to quality and improvement. This will include a 6.5 minute video presentation that will explain the accreditation process and its value. The Department will also recognize various staff who took part in this significant accomplishment. ER: On November 2, at the National Recreation & Park Association XPLANATION OF EQUEST Annual Congress in Atlanta, CAPRA reviewed and confirmed the successful application the Department submitted to become re-accredited. CAPRA standards for national accreditation provide an authoritative assessment tool for parks and recreation agencies. Through compliance with the standards for excellence, CAPRA accreditation assures policy makers, staff, the general public and tax payers that an accredited agency has been independently evaluated against established benchmarks as delivering a high level of quality. H? Accreditation is based on an agency’s OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES compliance with 144 standards for national accreditation. To achieve accreditation, an agency must comply with all 36 Fundamental Standards, and at least 85% of the remaining 108 standards. The Boynton Beach Recreation & Parks Department was in compliance with 140 (97%) of the 144 standards! 10 of 527 A standard is a statement of desirable practice as set forth by experienced professionals. In evaluating an agency for accreditation, the standards are a measure of effectiveness using the cause and effect (“if…then”) approach. If one acts in a certain way, then it is expected that there will be a certain outcome. In practice, if an agency complies with a given standard, then it is expected that the agency’s operations related to that standard with be positively affected. Standards enable evaluation by comparing what is found within an agency operation to what is accepted by professionals as desirable practices. FI: N/A ISCAL MPACT A: Do not accept the presentation. LTERNATIVES 11 of 527 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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: Announce the Holiday Parade, Tree Lighting and Concert. EQUESTED CTION BY ITY OMMISSION ER: On Saturday, December 3, 2011 Boynton Beach presents “Holiday XPLANATION OF EQUEST Extravaganza”. The Parade runs from 5:00pm to 6:30pm, North in the Southbound lane of Federal Hwy., from th SE 12 Avenue to Ocean Avenue. The Holiday Tree and Menorah display Lightings will take place at 6:45pm at the Schoolhouse Children’s Museum at 129 East Ocean Avenue (just east of Seacrest). The FREE Concert, featuring Brass Transit the CHICAGO tribute band begins at 7:00pm until st 10:00pm on East Ocean Avenue between Seacrest and NE 1. Street. Food and beverage vendors will be available. Park and ride the Free shuttle from the NE corner of Federal Hwy. & Ocean Ave. to the concert site from 6:30pm until 10:30pm. No pets, please. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA budget line item 02-58500-480 ISCAL MPACT A: LTERNATIVES 12 of 527 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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: Announce the Holiday Boat Parade EQUESTED CTION BY ITY OMMISSION ER: On Friday, December 9, 2011 Boynton Beach presentsthe XPLANATION OF EQUEST “Holiday Boat Parade”. The parade starts at 6:30 pm and runs South from the Boynton Inlet to the C-15 canal South of Delray Beach. There is public viewing along the parade route and at the Boynton Harbor Marina where there will be live music and food and drinks will be available for purchase. Please bring your donation of a new unwrapped toy for Toys for Tots to the event; also US Marines will be in the Boat Parade and will come up to your dock to pick-up your toy donation. Parking is available at the parking lots on the NE corner of East Ocean Avenue and Federal Hwy. No pets please. To enter your boat in the parade, call the CRA at 737-3256 X 212 or Rob Larson at the Boynton Harbor Marina at 735-7955 H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: CRA Budget – Project Fund line item 02-58500-480 ISCAL MPACT A: LTERNATIVES 13 of 527 5. A ADMINISTRATIVE November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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: 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 14 of 527 15 of 527 16 of 527 5. B ADMINISTRATIVE November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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 resignation of Merline Pamplona, a regular EQUESTED CTION BY ITY OMMISSION member of the Financial Advisory Committee ER: Merline Pamplona has submitted a letter of resignation as a regular XPLANATION OF EQUEST member of the Financial Advisory Committee due to health issues. H? The Financial Advisory Committee will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 17 of 527 18 of 527 5. C ADMINISTRATIVE November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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 resignation of David Madigan, a regular EQUESTED CTION BY ITY OMMISSION member of the Financial Advisory Committee ER: David Madigan has submitted his resignation as a regular member XPLANATION OF EQUEST of the Financial Advisory Committee due to other commitments. H? The Financial Advisory Committee will OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 19 of 527 20 of 527 5. D ADMINISTRATIVE November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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 resignation of Christiane Francois, a regular EQUESTED CTION BY ITY OMMISSION member of the Historic Resource Preservation Board ER: Christiane Francois was appointed to the Historic Resource XPLANATION OF EQUEST Preservation Board on May 17, 2011 as a regular member. The Board has held two meetings, neither of which Ms. Francois has attended. When contacted by phone, by the City Clerk’s office, Ms. Francois advised she was unable to attend the meetings due to a conflict in her schedule and wished to be removed from the Board. H? The Historic Resource Preservation OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Board will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 21 of 527 6. A CONSENT AGENDA November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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. R11-122 - Approve and EQUESTED CTION BY ITY OMMISSION authorize the Interim City Manager to sign the Services Agreement between the City of Boynton Beach and Oneeighty for Girls, Inc. (the "Provider"), authorizing the City to enter into an agreement to provide funding in the amount of $12,000 to Oneeighty for Girls, Inc. as a partner in the implementation of the Gang Prevention and Intervention Grant. ER: The Palm Beach County Criminal Justice Commission (CJC) has XPLANATION OF EQUEST been awarded a $324,901 Youth Gang Prevention and Intervention grant through the U.S. Department of Justice. This funding will be used to enhance the existing community–based comprehensive anti-gang strategy. The CJC will implement the strategy by providing funding to enhance the current operations of the Youth Empowerment Centers (YECs) in Palm Beach County. At the November 3, 2010 Commission Meeting, the Interlocal Agreement (ILA) with the Board of County Commissioners was authorized, which allowed the City to receive funding from the Gang Prevention and Intervention Grant in the amount of $71,352.75 to support the Boynton Beach Youth Empowerment Center. H? This will continue a valuable program at OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the YEC that will help attract teens and acts as a deterrent towards gang activity. The Oneeighty for Girls, Inc. program is designed to reduce the risk of violence among girls who display one or more risk factors for violence. The program will promote strengthened relationships between parents/caregivers and their daughters and will create community and individual change. The goal of the program is to organize a system of services aimed at minimizing the risk that teenage girls, ages 12 to 17 years old, will become initially or further 22 of 527 involved in the juvenile justice system or become chronically dependent on the child welfare system. TERM: The term of the engagement under this agreement shall commence on the date executed by the later of Provider and City and shall continue until March 31, 2012. FI: The County has approved the funding for the YEC. The Oneeighty for Girls, Inc. ISCAL MPACT submitted a budget of $12,000 to run their program through March 31, 2012. All expenses submitted for reimbursement will fall within the approved budget. The City will be reimbursed via the County for all expenses incurred. Funds have been budgeted in account #105-3320-572-49-17 in the amount of $72,353 which includes the cost of services agreements for the Gang Prevention and Intervention Grant. A: Not approve the Service Provider agreement amendments, which would result LTERNATIVES in the programs above not being offered at the YEC. 23 of 527 RESOLUTION 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 A YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT WITH ONEEIGHTY FOR GIRLS, INC., FOR SUB-GRANT FUNDING IN THE AMOUNT OF $12,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Palm Beach County Criminal Justice Commission has been awarded a $324,901 Youth Gang Prevention and Intervention grant through the U.S. Department of Justice; and WHEREAS , the Criminal Justice Commission will implement an anti-gang strategy by providing funding to enhance the current operations of the Youth Empowerment Centers in Palm Beach County; and WHEREAS , at the November 3, 2010 Commission Meeting, the Interlocal Agreement with the Board of County Commissions was approved which allowed the City to receive the funding from the Gang Prevention and Intervention Grant; and WHEREAS , the City of Boynton Beach was granted $71,352.75 to support the Boynton Beach Youth Empowerment Center; and WHEREAS , Oneeighty for Girls, Inc., submitted a budget of $12,000 and all expenses submitted for reimbursement will fall within the approved budget. 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 approve and authorize the Interim City Manager and City Clerk to execute a Youth Empowerment Center Services Agreement with Oneeighty for Girls, Inc., including a sub-grant in the amount of $12,000.00, a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. 24 of 527 PASSED AND ADOPTED this ___ day of November, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ______________________________ Vice Mayor – Marlene Ross ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 25 of 527 YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT THIS AGREEMENT is made by and between the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, with a physical address of 100 East Boynton Beach Blvd., Boynton Beach, Florida 33425 and a mailing address of 100 East Boynton Beach Blvd, Boynton Beach, Florida One Eighty for Girls, Inc. 33444 (the “City”) and with an address of 5700 Strawberry Lakes Circle, Lake Worth, FL 33463 (the “Provider”). WITNESSETH WHEREAS , by Resolution No. R07-144, the Boynton Beach City Commission approved an Interlocal Agreement with Palm Beach County (the “County”) establishing a partnership to implement the Youth Violence Prevention Project (the “Project”); and WHEREAS , as part of the Project, the City is establishing Youth Empowerment Centers within the City to prevent and combat youth violence; and WHEREAS , the Interlocal Agreement provides that the County will reimburse expenses incurred in providing services and expenditures in targeted areas; and WHEREAS , Provider offers programs to assist underserved youths with academic assistance and career guidance; and WHEREAS , the City desires to enter into this Agreement to provide such services to the Youth Empowerment Centers; and WHEREAS , the City desires to engage Provider to assist underserved youth to the City as part of the Project according to the terms and subject to the conditions set forth herein. NOW, THEREFORE , for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of as such covenants and conditions, the City and Provider do hereby agree as follows: 1.SERVICES. 1.1 Provider shall provide the services described in the Performance Measures and Program Description attached hereto as Exhibit “A” (which services are hereinafter referred to as the “Services”) to participants in the Project. The Services shall be provided at the Carolyn Sims Youth Empowerment th Center located at 225 N.W. 12 Ave., Boynton Beach, Florida (the “Center”). The Director of Youth Violence Prevention Program (hereinafter referred to YVPP) shall coordinate with Provider to establish a schedule of use for the Services at the Center. 1.2 Provider shall render the Services in a diligent, careful and thorough manner consistent with good business practice. Time shall be of the essence with respect to all matters set forth in this Agreement. 1.3 Provider shall have all prospective staff complete a criminal background screening. Staff will be assigned documentation that they will bring to the Livescan Service Provider being used by the City for a state and national background check. No staff shall be hired to work with Provider at the 26 of 527 Center until the background check has been returned and cleared by the Recreation & Parks Department. YVPP has the right to reject any applicants or staff working under the direction of Provider. Nothing in this Agreement, however, shall impose any responsibilities or obligations on the City in connection with performance or actions of any staff hired by Provider. The City reserves the right to require Provider to dismiss any staff working under it whose performance or actions are detrimental to the Project or who is involved in misconduct, drug use, alcohol consumption or use or possession of firearms on City property. 1.4 Provider shall comply with all City rules, regulations and procedures regarding the operation of the Center and the conduct of providers for City programs. 1.5 Provider shall promptly notify the Recreation & Parks Department about any participant injury or accident and complete an “Accident/Incident Form.” If the injury required first aid, the instructor must notify the Center supervisor immediately. The form must be submitted to the Recreation & Parks Department the same day as the incident. 1.6 Smoking, alcohol and profanity are not allowed at City facilities or around participants. 1.7 Provider is responsible for ensuring that the area it uses is safe and clean before and after each program. 2. COMPENSATION. 2.1 Contract Amount. In consideration of the satisfactory performance of the Services by Provider, and the performance by Provider of all of its other duties and obligations as set forth in this Twelve thousand Agreement, Provider shall be entitled to reimbursement in an amount not to exceed dollars - ($12,000.00) (“Contract Amount”) based on the fees set forth in Exhibit “A” attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in connection with the rendition of the Services and the performance of any and all of its other obligations hereunder and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Provider. Payment to the Provider by the City is contingent upon reimbursement from the County in accordance with the terms of the Interlocal Agreement. 2.2 Payment. Payment requests must be submitted by the first of each month using the forms attached hereto as Exhibit “B”, to: Director of YVPP, Vickie Henderson, Carolyn Sims Center, 225 th N.W. 12 Ave., Boynton Beach, Florida 33435. Invoices shall be itemized in sufficient detail for prepayment audit thereof. Provider shall supply any further documentation deemed necessary by the County or City including detailed data for the purposes of evaluation of the Project. The City shall have the right to deny reimbursement if proper documentation is not submitted. Once properly submitted, the City will promptly pay the approved amount. 2.3 No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Provider, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or incomplete rendition of the Services. 3. TERM. The term of the engagement under this Agreement shall commence on the date executed by the later of Provider and City (the “Effective Date”) and shall continue until March 31, 2012 subject to renewal or termination as provided in this Agreement. This Agreement may be renewed upon the sole discretion of the City subject to available funding and provided that the Interlocal Agreement with Palm Beach County is renewed or extended. 27 of 527 4. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PROVIDER 4.1 Authority. Provider hereby represents and warrants to the City that it has full power and authority to enter into this Agreement and fully perform its obligations hereunder without the need for any further corporate or governmental consents or approvals, and that the persons executing this Agreement are authorized to execute and deliver it. 4.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. 4.3 No Contingency. Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Provider, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Provider, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. In the event of a breach or violation of this provision by Provider, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the contract fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 4.4 Provider represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). 5. STANDARD OF CARE. The standard of care for all Services performed or furnished by Provider under this Agreement will be the care and skill ordinarily used by members of Provider’s profession practicing under similar circumstances or at the same time and in the same locality. 6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement, Provider shall comply in all material respects with all applicable federal and state laws and regulations and all applicable county and City ordinances and regulations. 7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it is an independent contractor of the City and is not an employee of the City. Provider more specifically acknowledges that: it will not be eligible to participate in any employee benefit maintained by the City; will not be covered by the City’s workers’ compensation insurance; will be solely and exclusively responsible for payment of all federal and state income, social security, unemployment and disability taxes due in respect of all compensation and/or other consideration paid by the City to Provider hereunder. Provider acknowledges that it shall have no authority to bind City to any contractual or other obligation whatsoever. Provider shall be entitled to seek and accept other engagements and/or employment during the term of this Agreement so long as such other employment or engagements do not interfere with the performance of Provider’s duties hereunder. Provider shall be responsible to the City for all work or services performed by Provider or any person or firm engaged as a sub-Provider or subcontractor to perform work in fulfillment of this Agreement. 8. RIGHT TO AUDIT. Provider shall maintain adequate records for the Services performed under this Agreement for three (3) years following completion of the Services, or conclusion of any litigation regarding this Agreement. The City shall have the right to audit Provider’s books and records, at the City’s expense, upon prior notice, with regard to the Services provided to the City hereunder. Failure by Provider to permit such audit shall be grounds for termination of this Agreement by the City. 9. INSURANCE. 28 of 527 9.1 Provider shall purchase from and maintain, in a company or companies lawfully authorized to do business in Florida, such insurance as will protect the City from claims set forth below which may arise out of or result from performance under this Agreement by Provider, or by a subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone for whose acts Provider may be liable. 9.2 The insurance required shall be written for not less than the following limits of liability. Coverages shall be maintained without interruption from the Effective Date of this Agreement until date of final payment and termination of any coverage required to be maintained after final payment. Any liability coverage on claims made basis shall remain effective for five (5) years after final payment. (1) General Liability – coverage in the minimum amounts specified below, and with a maximum deductible of $25,000 per occurrence. General Liability $500,000 per occurrence $1,000,000 aggregate annually Property Damage $500,000 per occurrence $1,000,000 aggregate annually (2) Automobile Liability $300,000 combined single limit per occurrence (3) Worker's Compensation: Worker's Compensation and Employer’s Liability Insurance with limits as required by Chapter 440, Florida Statutes. 9.3 Certificates of Insurance shall be delivered to City prior to execution of this Agreement. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for non-payment or 45 days’ prior notice of cancellation otherwise. All certificates for general liability coverages shall name the City as an Additional Insured. If any of the foregoing insurance coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted along with the application for final payment. The Provider shall furnish one copy each of Certificates of Insurance for each copy of the Agreement which shall specifically set forth evidence of all insurance coverage required by the Agreement. The Certificate of Insurance shall be dated and show the name of the insured Provider, the specific Project or Agreement by name and RFP or Procurement number, the name of the insurer, the number of the policy, its effective date, and its termination date. 10. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages that may be asserted, claimed or recovered against or from City, its officials, agents, or employees by reason of any damage to property or personal injury, including death and which damage, injury or death arises out of or is incidental to or in any way connected with Provider’s performance of the Services or caused by or arising out of (a) any act, omission, default or negligence of Provider in the provision of the Services under this Agreement; (b) property damage or personal injury, which damage, injury or death arises out of or is incidental to or in any way connected with Provider’s execution of Services under this Agreement; or (c) the violation of federal, state, county or municipal laws, ordinances or regulations by Provider. This indemnification includes, but is not limited to, the performance of this Agreement by Provider or any act or omission of Provider, its agents, servants, contractors, patrons, guests or invitees 29 of 527 and includes any costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such claims or the investigation thereof. Provider agrees to pay all claims and losses and shall defend all suits, in the name of the City, its employees, and officers, including but not limited to appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Provider under this indemnification provision. To the extent considered necessary by the City, any sums due Provider under this Agreement may be retained by City until all of City’s claims for indemnification have been resolved, and any amount withheld shall not be subject to the payment of interest by City. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or otherwise. The parties mutually acknowledge that the provisions of §725.08, Fla. Stat., have been fulfilled and govern this provision. This paragraph shall not be construed to require Provider to indemnify the City for its own negligence, or intentional acts of the City, its agents or employees. This clause shall survive the expiration or termination of this Agreement. 11. TERMINATION. 11.1 The City shall have the right to terminate this Agreement, in whole or in part, with or without cause, and for its convenience, upon five (5) days written notice to Provider. In the event of termination, and subject to reimbursement from the County, the City shall compensate the Provider for all authorized work satisfactorily performed through the termination date under the payment terms set forth herein. 11.2 Provider shall immediately deliver all documents, written information and other materials concerning City projects in its possession to the City and shall cooperate in transition of its consulting duties to appropriate parties at the direction of the City. 11.3 Upon termination, this Agreement shall have no further force or effect and the parties shall be relieved of all further liability hereunder, except that the provisions of this Section shall survive termination of this Agreement and remain in full force and effect. 12. NOTICE. All written notices, demands and other communications required or provided for under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier, or by electronic transmission producing a written record, or hand delivered to Provider at the address on the first page of this Agreement, or to the City, at the address on the first page of this Agreement, attention: Wally Majors, Recreation & Parks Director, with a copy to the City Attorney, or to such other address or person as shall be designated by a party in a written notice given in the manner required hereby. 13. TAXES. Provider understands that in performing the Services for the City, Provider is not exempt from paying sales tax to Provider’s suppliers for materials required for Provider to perform under this Agreement. Provider shall not be authorized to use the City’s tax exemption number for purchasing supplies or materials. 14. AVAILABILITY OF FUNDS. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice to Provider. The City shall be the sole and final authority as to the availability of funds. 30 of 527 15. NON-DISCRIMINATION. Provider shall not discriminate against any employee or applicant for employment or in the provision of Services because of race, color, religion, sex, national origin, age, disability, familial status, marital status or sexual orientation, or any other factor which cannot be lawfully used as a basis for service delivery. 16. ASSIGNMENT. This Agreement requires the personal skills and experience of Provider and may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and permitted assigns. 17. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as provided herein, if the deadline is not met because of one of the following conditions occurring with respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake, volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one of the foregoing conditions interferes with contract performance, then the party affected may be excused from performance on a day-for-day basis to the extent such party's obligations relate to the performance so interfered with; provided, the party so affected shall use reasonable efforts to remedy or remove such causes of non-performance. The party so affected shall not be entitled to any additional compensation by reason of any day-for-day extension hereunder. 18. TRUTH-IN-NEGOTIATION. Execution of this Agreement by Provider shall be deemed certification that the compensation and hourly rates and other expenses or costs to be compensated under this Agreement are accurate, complete and current and the time of contracting. The fees and expenses payable under this Agreement shall be adjusted to exclude any significant sums should the City determine that the fees and costs were increased due to inaccurate, incomplete or non-current wage rates or due to inaccurate representations of fees paid to outside Providers. The Cityshall exercise its rights under this provision within one (1) year following final payment. 19. NO CONFLICTS. 19.1 Provider represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with its performance under this Agreement. The Provider further represents that no person having any interest shall be employed or engaged by it for said Services. 19.2 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or hold any continuing or frequently recurring employment, contractual relationship business association or other circumstance, which may influence or appear to influence Provider’s exercise of judgment or quality of the Services being provided under this Agreement. Provider, its officers, personnel, subsidiaries and subcontractors shall not perform services for any third party that would in any way be in conflict with the Services to be provided to the City under this Agreement. 19.3 Provider shall promptly notify the City in writing by certified mail of all potential conflicts of interest or any event described in this Section. Said notification shall identify the prospective business interest or circumstance and the nature of work that Provider intends to undertake and shall request the opinion of the City as to whether such association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Provider. The City agrees to notify the Provider by certified mail of its opinion within thirty (30) calendar days of receipt of the said notification and request for opinion. If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Provider, the City shall so state in its opinion and the Provider may, at its option, enter into said association, interest or 31 of 527 circumstance and it shall be deemed not in conflict of interest with respect to services provided to the City by Provider under this Agreement. 19.4 In the event Provider is permitted to utilize subcontractors to perform any services required by this Agreement. Provider agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 20. PUBLIC ENTITY CRIMES ACT. Provider represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that Provider and its subcontractors under this Agreement have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months from the date of submitting a proposal for this Agreement or entering into this Agreement. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 21. LOBBYING CERTIFICATION. Provider certifies to the best of its knowledge and belief that no funds or other resources received from the State in connection with this Agreement will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 22. SMALL BUSINESS REQUIREMENTS. Provider shall comply with the City’s Small Business Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm Beach, which is incorporated herein by this reference. Provider shall comply with the small business commitment contained in Consultant’s Proposal. Provider shall maintain all relevant records and information necessary to document compliance with the Small Business Ordinance and shall allow the City to inspect and audit such records. 23. GOVERNING LAW. This Agreement shall be construed and interpreted, and the rights of the parties hereto determined, in accordance with Florida law. The City and Provider submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern District of Florida. PROVIDER agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. T O ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY , LITIGATION EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO A. THIS GREEMENT 24. SEVERABILITY. In the event that any sentence, section, paragraph or portion of this Agreement shall be held by a court to be invalid for any reason, such invalidity shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 25. WAIVER. Any waiver by either party hereto of any one or more of the covenants, conditions, or provisions of this Agreement, shall not be construed to be a waiver of any subsequent or other breach of the same or any covenant, condition or provision of this Agreement. 26. HEADINGS. The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 27. ENTIRE AGREEMENT. This Agreement and exhibits hereto embody the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. This Agreement may only be modified by written amendment executed by the City and Provider. 32 of 527 IN WITNESS WHEREOF , the parties hereto have made and executed this Agreement as of the day and year last executed below. CITY OF BOYNTON BEACH ATTEST: By: ___________________________ By: ______________________________ City Clerk City Manager Date: ___________________, 2011 CITY ATTORNEY'S OFFICE Approved as to form and legal sufficiency By: ____________________ Date: __________________ PROVIDER: WITNESSES: (One Eighty for Girls, Inc.) ___________________________ By: ____________________________ Printed Name:________________ Print Name: _______________________ ____________________________ Title:_____________________________ Printed Name:_________________ Date: , 2011 33 of 527 Violence Prevention Project: Strengthening Teenage Girls their Families and the Communities in Palm Beach County Background I. Oneeighty for Girls, Inc. is an IRS-recognized 501(c)(3) nonprofit organization. Our organization was formed in 2007 for the purpose of reducing delinquency among at-risk girls between the ages of 12 and 17 years old. Oneeighty for Girls has been following your violence prevention program and feels that your focus on helping vulnerable youth who face a questionable and uncertain future fits our mission to reduce the incidence and prevalence of violent behavior and substance abuse among teenage girls, while increasing positive interaction between them and their families. Problem Statement II. Today one in three juveniles arrested for violent crimes are female. The number of girls ages 10 to 17 arrested for aggravated assault has doubled over the last 20 years. The significant rise in violent behavior among teenage girls is a national crisis. According to statistics Florida was among the top six states with the highest juvenile violent arrest rate above average. There is an urgent need to confront the problem of youth violence. Young people in all communities are involved in violence, whether the community is a small town or central city, a neatly groomed suburb, or an isolated rural region. Now is the time to get involved and help prevent youth violence! Oneeighty for Girls proposes to offer/teach the ARISE Violence and Conflict Management program to youth in your community. This is an evidence-based, award –winning program that will help us achieve our mission, help our youth achieve their goals, and help create a safer community in which we live. The ARISE Violence and Conflict Management program doesn’t use the typical preach-and- teach method of instilling important lessons in the youth. Unlike many programs, ARISE provides a comprehensive approach that is supported by instructor training. The innovative, discussion oriented sessions that incorporate examples of real life situations will make it possible for us to help youth develop solid, effective skills that will last a lifetime. The director of Oneeighty for Girls has received specialized training on how to teach the ARISE curriculum and is excited to offer the program to youth in your community. The ARISE Violence and Conflict Management program has been proven effective to work not only in after-school programs, youth groups, alternative schools and recreation programs but also in the toughest of environments. For instance, ARISE has been widely used in over 80 Florida department of juvenile justice facilities, where serious young offenders are kept under lock and key for up to three years. The youth needing the services are at risk of child abuse, neglect, abandonment, poverty, family violence, absent parenting, substance abuse and teenage pregnancy. The youth and their families through Oneeighty for Girls would receive critically needed services to rebuild strong families, prevent violence instill values and self esteem. Objective III. Oneeighty’s Violence Prevention Project is designed to reduce the risk of violence among girls who display one or more risk factors for violence. Promote strengthened relationships between parents/caregivers and their daughters and to create community and individual change. The goal is to organize a system of services aimed at minimizing the risk that teenage girls, ages 12 to 17 years old, will become initially or further involved in the juvenile justice system or become chronically dependent on the child welfare system. 34 of 527 Expected accomplishments: IV.  Youth will learn anger management and conflict resolution skills  Increased self-esteem among teenage girl participants  Improved communication and socialization skills among participants; learn how positive communication skills help relationships grow.  Increased knowledge about the dangers of drug, alcohol and tobacco use; learn why it’s smart to avoid substance abuse and guns Indicators of achievement: V.  Reduced incidences of violence, anger and altercations at home, school and in neighborhoods among participants.  Reduction in out of home placement  A positive change among program participants, at the end of 90 day program, based on a standardized measure of attitudes toward nonviolent conflict resolution.  Attitude towards violence, drug and alcohol use become more negative after completing the evidenced-based ARISE Violence and Conflict Program Main Activities: VI. The activities provided through this program are not only needed but also wanted by many teens in your community.  Provide a safe and structured environment over the course of 90 days to teenage girl participants away from risk factors that may have contributed to violent behavior.  Pre and Post testing of attitudes toward violence  Provide an educational program that will teach about the dangerous affects of violence and provide a certificate to participants who successfully complete program.  Provide field trips that are educational and fun for participants.  Provide resource referrals that are effective in helping parents/caregivers properly deal with at-risk youth.  Promote community involvement in reducing violence. Estimated After-School Program Budget: VII. To be sustainable, the Oneeighty for Girls Violence Prevention Project must become financially self-supporting, and perhaps more importantly, it must generate sustained community and local agency interest along with support. We believe this pilot project will lead to a sustainable program with county recognition through the schools, community agencies and churches. st Duration 1 year Business Insurance: $1,000 Field Trips: $2,000 Instructor and other related expenses not included above: $9,000 35 of 527 ESTIMATED $12,000 TOTAL Oneeighty For Girls Board Members Catrina Lyons is the President and Executive Director; she has worked for the Department of Children and Families as a Child Protective Investigator since 2001. Kendra McDonald is the Secretary; she has worked for the Palm Beach County School Board as a middle school Guidance Counselor since 2004. 36 of 527 37 of 527 38 of 527 39 of 527 40 of 527 6. B CONSENT AGENDA November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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. R11-123 - Approve and EQUESTED CTION BY ITY OMMISSION authorize the Interim City Manager to sign the Services Agreement between the City of Boynton Beach and Chu Chu Productions, Inc. (the "Provider"), authorizing the City to enter into an agreement to provide funding in the amount of $1,300 to Chu Chu Productions, Inc. as a partner in the implementation of the Gang Prevention and Intervention Grant. EXPLANATION OF REQUEST: The Palm Beach County Criminal Justice Commission (CJC) has been awarded a $324,901 Youth Gang Prevention and Intervention grant through the U.S. Department of Justice. This funding will be used to enhance the existing community–based comprehensive anti-gang strategy. The CJC will implement the strategy by providing funding to enhance the current operations of the Youth Empowerment Centers (YECs) in Palm Beach County. At the November 3, 2010 Commission Meeting, the Interlocal Agreement (ILA) with the Board of County Commissioners was authorized, which allowed the City to receive funding from the Gang Prevention and Intervention Grant in the amount of $71,352.75 to support the Boynton Beach Youth Empowerment Center. TERM: The term of the engagement under this agreement shall commence on the date executed by the later of Provider and City and shall continue until March 31, 2012. H? This will add a program to the YEC that OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will help attract teens and acts as a deterrent towards gang activity. Chu Chu Productions, Inc. will hold a series of Drama and Theatre Arts classes. Teens will learn various techniques in audience appropriate theatrical presentations, how to become discipline in specific technologies, and demonstrate skills in performance and oral communications. The goal of the 41 of 527 12 week program is to help students develop self-confidence, self-discipline and self- motivation and how to work effectively in groups. FI: The County has approved the funding for the YEC. Chu Chu Productions, Inc. ISCAL MPACT submitted a budget of $1,300 to run their program. All expenses submitted for reimbursement will fall within the approved budget. The City will be reimbursed via the County for all expenses incurred. Funds have been budgeted in account #105-3320-572-49 in the amount of $72,353 to cover the cost of services agreements for the Gang Prevention and Intervention Grant. A: Do not approve the Services Agreement. LTERNATIVES 42 of 527 RESOLUTION 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 A YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT WITH CHU CHU PRODUCTIONS, INC., FOR SUB-GRANT FUNDING IN THE AMOUNT OF $1,300.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Palm Beach County Criminal Justice Commission has been awarded a $324,901 Youth Gang Prevention and Intervention grant through the U.S. Department of Justice; and WHEREAS , the Criminal Justice Commission will implement an anti-gang strategy by providing funding to enhance the current operations of the Youth Empowerment Centers in Palm Beach County; and WHEREAS , at the November 3, 2010 Commission Meeting, the Interlocal Agreement with the Board of County Commissions was approved which allowed the City to receive the funding from the Gang Prevention and Intervention Grant; and WHEREAS , the City of Boynton Beach was granted $71,352.75 to support the Boynton Beach Youth Empowerment Center; and WHEREAS , Chu Chu Productions, Inc., submitted a budget of $1,300 and all expenses submitted for reimbursement will fall within the approved budget. 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 approve and authorize the Interim City Manager and City Clerk to execute a Youth Empowerment Center Services Agreement with Chu Chu Productions, Inc., including a sub-grant in the amount of $1,300.00, a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. 43 of 527 PASSED AND ADOPTED this ___ day of November, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ______________________________ Vice Mayor – Marlene Ross ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 44 of 527 YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT THIS AGREEMENT is made by and between the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, with a physical address of 100 East Boynton Beach Blvd., Boynton Beach, Florida 33425 and a mailing address of 100 East Boynton Beach Blvd, Boynton Beach, Florida Chu Chu Productions, Inc 33444 (the “City”) and . with an address of 2312 Concrest Court, West Palm Beach, FL 33415 (the “Provider”). WITNESSETH WHEREAS , by Resolution No. R07-144, the Boynton Beach City Commission approved an Interlocal Agreement with Palm Beach County (the “County”) establishing a partnership to implement the Youth Violence Prevention Project (the “Project”); and WHEREAS , as part of the Project, the City is establishing Youth Empowerment Centers within the City to prevent and combat youth violence; and WHEREAS , the Interlocal Agreement provides that the County will reimburse expenses incurred in providing services and expenditures in targeted areas; and WHEREAS , Provider offers programs to assist underserved youths with academic assistance and career guidance; and WHEREAS , the City desires to enter into this Agreement to provide such services to the Youth Empowerment Centers; and WHEREAS , the City desires to engage Provider to assist underserved youth to the City as part of the Project according to the terms and subject to the conditions set forth herein. NOW, THEREFORE , for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of as such covenants and conditions, the City and Provider do hereby agree as follows: 2.SERVICES. 1.1 Provider shall provide the services described in the Performance Measures and Program Description attached hereto as Exhibit “A” (which services are hereinafter referred to as the “Services”) to participants in the Project. The Services shall be provided at the Carolyn Sims Youth Empowerment th Center located at 225 N.W. 12 Ave., Boynton Beach, Florida (the “Center”). The Director of Youth Violence Prevention Program (hereinafter referred to YVPP) shall coordinate with Provider to establish a schedule of use for the Services at the Center. 1.2 Provider shall render the Services in a diligent, careful and thorough manner consistent with good business practice. Time shall be of the essence with respect to all matters set forth in this Agreement. 1.3 Provider shall have all prospective staff complete a criminal background screening. Staff will be assigned documentation that they will bring to the Livescan Service Provider being used by the City for a state and national background check. No staff shall be hired to work with Provider at the 45 of 527 Center until the background check has been returned and cleared by the Recreation & Parks Department. YVPP has the right to reject any applicants or staff working under the direction of Provider. Nothing in this Agreement, however, shall impose any responsibilities or obligations on the City in connection with performance or actions of any staff hired by Provider. The City reserves the right to require Provider to dismiss any staff working under it whose performance or actions are detrimental to the Project or who is involved in misconduct, drug use, alcohol consumption or use or possession of firearms on City property. 1.4 Provider shall comply with all City rules, regulations and procedures regarding the operation of the Center and the conduct of providers for City programs. 1.5 Provider shall promptly notify the Recreation & Parks Department about any participant injury or accident and complete an “Accident/Incident Form.” If the injury required first aid, the instructor must notify the Center supervisor immediately. The form must be submitted to the Recreation & Parks Department the same day as the incident. 1.6 Smoking, alcohol and profanity are not allowed at City facilities or around participants. 1.7 Provider is responsible for ensuring that the area it uses is safe and clean before and after each program. 2. COMPENSATION. 2.1 Contract Amount. In consideration of the satisfactory performance of the Services by Provider, and the performance by Provider of all of its other duties and obligations as set forth in this One Thousand Agreement, Provider shall be entitled to reimbursement in an amount not to exceed Three Hundred Dollars - ($1,300.00) (“Contract Amount”) based on the fees set forth in Exhibit “A” attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in connection with the rendition of the Services and the performance of any and all of its other obligations hereunder and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Provider. Payment to the Provider by the City is contingent upon reimbursement from the County in accordance with the terms of the Interlocal Agreement. 2.2 Payment. Payment requests must be submitted by the first of each month using the forms attached hereto as Exhibit “B”, to: Director of YVPP, Vickie Henderson, Carolyn Sims Center, 225 th N.W. 12 Ave., Boynton Beach, Florida 33435. Invoices shall be itemized in sufficient detail for prepayment audit thereof. Provider shall supply any further documentation deemed necessary by the County or City including detailed data for the purposes of evaluation of the Project. The City shall have the right to deny reimbursement if proper documentation is not submitted. Once properly submitted, the City will promptly pay the approved amount. 2.3 No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Provider, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or incomplete rendition of the Services. 3. TERM. The term of the engagement under this Agreement shall commence on the date executed by the later of Provider and City (the “Effective Date”) and shall continue until March 31, 2012 subject to renewal or termination as provided in this Agreement. This Agreement may be renewed upon the sole discretion of the City subject to available funding and provided that the Interlocal Agreement with Palm Beach County is renewed or extended. 46 of 527 4. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PROVIDER 4.1 Authority. Provider hereby represents and warrants to the City that it has full power and authority to enter into this Agreement and fully perform its obligations hereunder without the need for any further corporate or governmental consents or approvals, and that the persons executing this Agreement are authorized to execute and deliver it. 4.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. 4.3 No Contingency. Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Provider, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Provider, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. In the event of a breach or violation of this provision by Provider, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the contract fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 4.4 Provider represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). 5. STANDARD OF CARE. The standard of care for all Services performed or furnished by Provider under this Agreement will be the care and skill ordinarily used by members of Provider’s profession practicing under similar circumstances or at the same time and in the same locality. 6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement, Provider shall comply in all material respects with all applicable federal and state laws and regulations and all applicable county and City ordinances and regulations. 7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it is an independent contractor of the City and is not an employee of the City. Provider more specifically acknowledges that: it will not be eligible to participate in any employee benefit maintained by the City; will not be covered by the City’s workers’ compensation insurance; will be solely and exclusively responsible for payment of all federal and state income, social security, unemployment and disability taxes due in respect of all compensation and/or other consideration paid by the City to Provider hereunder. Provider acknowledges that it shall have no authority to bind City to any contractual or other obligation whatsoever. Provider shall be entitled to seek and accept other engagements and/or employment during the term of this Agreement so long as such other employment or engagements do not interfere with the performance of Provider’s duties hereunder. Provider shall be responsible to the City for all work or services performed by Provider or any person or firm engaged as a sub-Provider or subcontractor to perform work in fulfillment of this Agreement. 8. RIGHT TO AUDIT. Provider shall maintain adequate records for the Services performed under this Agreement for three (3) years following completion of the Services, or conclusion of any litigation regarding this Agreement. The City shall have the right to audit Provider’s books and records, at the City’s expense, upon prior notice, with regard to the Services provided to the City hereunder. Failure by Provider to permit such audit shall be grounds for termination of this Agreement by the City. 9. INSURANCE. 47 of 527 9.1 Provider shall purchase from and maintain, in a company or companies lawfully authorized to do business in Florida, such insurance as will protect the City from claims set forth below which may arise out of or result from performance under this Agreement by Provider, or by a subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone for whose acts Provider may be liable. 9.2 The insurance required shall be written for not less than the following limits of liability. Coverages shall be maintained without interruption from the Effective Date of this Agreement until date of final payment and termination of any coverage required to be maintained after final payment. Any liability coverage on claims made basis shall remain effective for five (5) years after final payment. (1) General Liability – coverage in the minimum amounts specified below, and with a maximum deductible of $25,000 per occurrence. General Liability $500,000 per occurrence $1,000,000 aggregate annually Property Damage $500,000 per occurrence $1,000,000 aggregate annually (2) Automobile Liability $300,000 combined single limit per occurrence (3) Worker's Compensation: Worker's Compensation and Employer’s Liability Insurance with limits as required by Chapter 440, Florida Statutes. 9.3 Certificates of Insurance shall be delivered to City prior to execution of this Agreement. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for non-payment or 45 days’ prior notice of cancellation otherwise. All certificates for general liability coverages shall name the City as an Additional Insured. If any of the foregoing insurance coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted along with the application for final payment. The Provider shall furnish one copy each of Certificates of Insurance for each copy of the Agreement which shall specifically set forth evidence of all insurance coverage required by the Agreement. The Certificate of Insurance shall be dated and show the name of the insured Provider, the specific Project or Agreement by name and RFP or Procurement number, the name of the insurer, the number of the policy, its effective date, and its termination date. 10. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages that may be asserted, claimed or recovered against or from City, its officials, agents, or employees by reason of any damage to property or personal injury, including death and which damage, injury or death arises out of or is incidental to or in any way connected with Provider’s performance of the Services or caused by or arising out of (a) any act, omission, default or negligence of Provider in the provision of the Services under this Agreement; (b) property damage or personal injury, which damage, injury or death arises out of or is incidental to or in any way connected with Provider’s execution of Services under this Agreement; or (c) the violation of federal, state, county or municipal laws, ordinances or regulations by Provider. This indemnification includes, but is not limited to, the performance of this Agreement by Provider or any act or omission of Provider, its agents, servants, contractors, patrons, guests or invitees 48 of 527 and includes any costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such claims or the investigation thereof. Provider agrees to pay all claims and losses and shall defend all suits, in the name of the City, its employees, and officers, including but not limited to appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Provider under this indemnification provision. To the extent considered necessary by the City, any sums due Provider under this Agreement may be retained by City until all of City’s claims for indemnification have been resolved, and any amount withheld shall not be subject to the payment of interest by City. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or otherwise. The parties mutually acknowledge that the provisions of §725.08, Fla. Stat., have been fulfilled and govern this provision. This paragraph shall not be construed to require Provider to indemnify the City for its own negligence, or intentional acts of the City, its agents or employees. This clause shall survive the expiration or termination of this Agreement. 11. TERMINATION. 11.1 The City shall have the right to terminate this Agreement, in whole or in part, with or without cause, and for its convenience, upon five (5) days written notice to Provider. In the event of termination, and subject to reimbursement from the County, the City shall compensate the Provider for all authorized work satisfactorily performed through the termination date under the payment terms set forth herein. 11.2 Provider shall immediately deliver all documents, written information and other materials concerning City projects in its possession to the City and shall cooperate in transition of its consulting duties to appropriate parties at the direction of the City. 11.3 Upon termination, this Agreement shall have no further force or effect and the parties shall be relieved of all further liability hereunder, except that the provisions of this Section shall survive termination of this Agreement and remain in full force and effect. 12. NOTICE. All written notices, demands and other communications required or provided for under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier, or by electronic transmission producing a written record, or hand delivered to Provider at the address on the first page of this Agreement, or to the City, at the address on the first page of this Agreement, attention: Wally Majors, Recreation & Parks Director, with a copy to the City Attorney, or to such other address or person as shall be designated by a party in a written notice given in the manner required hereby. 13. TAXES. Provider understands that in performing the Services for the City, Provider is not exempt from paying sales tax to Provider’s suppliers for materials required for Provider to perform under this Agreement. Provider shall not be authorized to use the City’s tax exemption number for purchasing supplies or materials. 14. AVAILABILITY OF FUNDS. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice to Provider. The City shall be the sole and final authority as to the availability of funds. 49 of 527 15. NON-DISCRIMINATION. Provider shall not discriminate against any employee or applicant for employment or in the provision of Services because of race, color, religion, sex, national origin, age, disability, familial status, marital status or sexual orientation, or any other factor which cannot be lawfully used as a basis for service delivery. 16. ASSIGNMENT. This Agreement requires the personal skills and experience of Provider and may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and permitted assigns. 17. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as provided herein, if the deadline is not met because of one of the following conditions occurring with respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake, volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one of the foregoing conditions interferes with contract performance, then the party affected may be excused from performance on a day-for-day basis to the extent such party's obligations relate to the performance so interfered with; provided, the party so affected shall use reasonable efforts to remedy or remove such causes of non-performance. The party so affected shall not be entitled to any additional compensation by reason of any day-for-day extension hereunder. 18. TRUTH-IN-NEGOTIATION. Execution of this Agreement by Provider shall be deemed certification that the compensation and hourly rates and other expenses or costs to be compensated under this Agreement are accurate, complete and current and the time of contracting. The fees and expenses payable under this Agreement shall be adjusted to exclude any significant sums should the City determine that the fees and costs were increased due to inaccurate, incomplete or non-current wage rates or due to inaccurate representations of fees paid to outside Providers. The Cityshall exercise its rights under this provision within one (1) year following final payment. 19. NO CONFLICTS. 19.1 Provider represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with its performance under this Agreement. The Provider further represents that no person having any interest shall be employed or engaged by it for said Services. 19.2 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or hold any continuing or frequently recurring employment, contractual relationship business association or other circumstance, which may influence or appear to influence Provider’s exercise of judgment or quality of the Services being provided under this Agreement. Provider, its officers, personnel, subsidiaries and subcontractors shall not perform services for any third party that would in any way be in conflict with the Services to be provided to the City under this Agreement. 19.3 Provider shall promptly notify the City in writing by certified mail of all potential conflicts of interest or any event described in this Section. Said notification shall identify the prospective business interest or circumstance and the nature of work that Provider intends to undertake and shall request the opinion of the City as to whether such association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Provider. The City agrees to notify the Provider by certified mail of its opinion within thirty (30) calendar days of receipt of the said notification and request for opinion. If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Provider, the City shall so state in its opinion and the Provider may, at its option, enter into said association, interest or 50 of 527 circumstance and it shall be deemed not in conflict of interest with respect to services provided to the City by Provider under this Agreement. 19.4 In the event Provider is permitted to utilize subcontractors to perform any services required by this Agreement. Provider agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 20. PUBLIC ENTITY CRIMES ACT. Provider represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that Provider and its subcontractors under this Agreement have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months from the date of submitting a proposal for this Agreement or entering into this Agreement. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 21. LOBBYING CERTIFICATION. Provider certifies to the best of its knowledge and belief that no funds or other resources received from the State in connection with this Agreement will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 22. SMALL BUSINESS REQUIREMENTS. Provider shall comply with the City’s Small Business Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm Beach, which is incorporated herein by this reference. Provider shall comply with the small business commitment contained in Consultant’s Proposal. Provider shall maintain all relevant records and information necessary to document compliance with the Small Business Ordinance and shall allow the City to inspect and audit such records. 23. GOVERNING LAW. This Agreement shall be construed and interpreted, and the rights of the parties hereto determined, in accordance with Florida law. The City and Provider submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern District of Florida. PROVIDER agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. T O ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY , LITIGATION EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO A. THIS GREEMENT 24. SEVERABILITY. In the event that any sentence, section, paragraph or portion of this Agreement shall be held by a court to be invalid for any reason, such invalidity shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 25. WAIVER. Any waiver by either party hereto of any one or more of the covenants, conditions, or provisions of this Agreement, shall not be construed to be a waiver of any subsequent or other breach of the same or any covenant, condition or provision of this Agreement. 26. HEADINGS. The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 27. ENTIRE AGREEMENT. This Agreement and exhibits hereto embody the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. This Agreement may only be modified by written amendment executed by the City and Provider. 51 of 527 IN WITNESS WHEREOF , the parties hereto have made and executed this Agreement as of the day and year last executed below. CITY OF BOYNTON BEACH ATTEST: By: ___________________________ By: ______________________________ City Clerk City Manager Date: ___________________, 2011 CITY ATTORNEY'S OFFICE Approved as to form and legal sufficiency By: ____________________ Date: __________________ PROVIDER: WITNESSES: (Chu Chu Productions, Inc.) ___________________________ By: ____________________________ Printed Name:________________ Print Name: _______________________ ____________________________ Title:_____________________________ Printed Name:_________________ Date: , 2011 52 of 527 53 of 527 54 of 527 55 of 527 56 of 527 57 of 527 58 of 527 59 of 527 60 of 527 61 of 527 62 of 527 63 of 527 6. C CONSENT AGENDA November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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. R11-124 - Approve and EQUESTED CTION BY ITY OMMISSION authorize the Interim City Manager to sign the Services Agreement between the City of Boynton Beach and JWPC Solutions, LLC (the "Provider"), authorizing the City to enter into an Agreement to provide funding in the amount of $1,200 to JWPC Solutions, LLC as a partner in the implementation of the Gang Prevention and Intervention Grant. ER: The Palm Beach County Criminal Justice Commission (CJC) has XPLANATION OF EQUEST been awarded a $324,901 Youth Gang Prevention and Intervention Grant through the U.S. Department of Justice. This funding will be used to enhance the existing community–based comprehensive anti-gang strategy. The CJC will implement the strategy by providing funding to enhance the current operations of the Youth Empowerment Centers (YECs) in Palm Beach County. At the November 3, 2010 Commission Meeting, the Interlocal Agreement (ILA) with the Board of County Commissioners was authorized, which allowed the City to receive funding from the Gang Prevention and Intervention Grant in the amount of $71,352.75 to support the Boynton Beach Youth Empowerment Center through March 31, 2012. TERM: The term of the engagement under this agreement shall commence on the date executed by the later of Provider and City and shall continue until March 31, 2012. H? This will add a program to the YEC that OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES will help attract teens and acts as a deterrent towards gang activity. JWPC Solutions, LLC through their TopBreakerz Entertainment program will hold a series of Digital DJ classes. These classes include the evolution of Digital DJ, the hardware set up, software available, recording, maintenance and troubleshooting. A video of students learning and practicing their Digital DJ 64 of 527 skills will be produced during the classes. Following the 12 weeks, students will be equipped with valuable social skills that will prepare them for school, work, and life. FI: The County has approved the funding for the YEC. JWPC Solutions, LLC ISCAL MPACT submitted a budget of $1,200 to run their program. All expenses submitted for reimbursement will fall within the approved budget. The City will be reimbursed via the County for all expenses incurred. Funds have been budgeted in account #105-3320-572-49 in the amount of $72,353 to cover the cost of services agreements for the Gang Prevention and Intervention Grant. A: Do not approve the Services Agreement. LTERNATIVES 65 of 527 RESOLUTION 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 A YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT WITH JW PC SOLUTION, LLC., FOR SUB-GRANT FUNDING IN THE AMOUNT OF $1,200.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Palm Beach County Criminal Justice Commission has been awarded a $324,901 Youth Gang Prevention and Intervention grant through the U.S. Department of Justice; and WHEREAS , the Criminal Justice Commission will implement an anti-gang strategy by providing funding to enhance the current operations of the Youth Empowerment Centers in Palm Beach County; and WHEREAS , at the November 3, 2010 Commission Meeting, the Interlocal Agreement with the Board of County Commissions was approved which allowed the City to receive the funding from the Gang Prevention and Intervention Grant; and WHEREAS , the City of Boynton Beach was granted $71,352.75 to support the Boynton Beach Youth Empowerment Center; and WHEREAS , JW PC Solution, LLC., submitted a budget of $1,200 and all expenses submitted for reimbursement will fall within the approved budget. 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 approve and authorize the Interim City Manager and City Clerk to execute a Youth Empowerment Center Services Agreement with JW PC Solution, LLC., including a sub-grant in the amount of $1,200.00, a copy of the Service Agreement is attached hereto and made a part hereof as Exhibit “A” Section 3. This Resolution will become effective immediately upon passage. 66 of 527 PASSED AND ADOPTED this ___ day of November, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay ______________________________ Commissioner – Steven Holzman ______________________________ Vice Mayor – Marlene Ross ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 67 of 527 YOUTH EMPOWERMENT CENTER SERVICES AGREEMENT THIS AGREEMENT is made by and between the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, with a physical address of 100 East Boynton Beach Blvd., Boynton Beach, Florida 33425 and a mailing address of 100 East Boynton Beach Blvd, Boynton Beach, Florida JWPC Solutions, LLC 33444 (the “City”) and with an address of 3100 Congress Park Drive #1038, Lake Worth, FL 33461 (the “Provider”). WITNESSETH WHEREAS , by Resolution No. R07-144, the Boynton Beach City Commission approved an Interlocal Agreement with Palm Beach County (the “County”) establishing a partnership to implement the Youth Violence Prevention Project (the “Project”); and WHEREAS , as part of the Project, the City is establishing Youth Empowerment Centers within the City to prevent and combat youth violence; and WHEREAS , the Interlocal Agreement provides that the County will reimburse expenses incurred in providing services and expenditures in targeted areas; and WHEREAS , Provider offers programs to assist underserved youths with academic assistance and career guidance; and WHEREAS , the City desires to enter into this Agreement to provide such services to the Youth Empowerment Centers; and WHEREAS , the City desires to engage Provider to assist underserved youth to the City as part of the Project according to the terms and subject to the conditions set forth herein. NOW, THEREFORE , for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of as such covenants and conditions, the City and Provider do hereby agree as follows: 3.SERVICES. 1.1 Provider shall provide the services described in the Performance Measures and Program Description attached hereto as Exhibit “A” (which services are hereinafter referred to as the “Services”) to participants in the Project. The Services shall be provided at the Carolyn Sims Youth Empowerment th Center located at 225 N.W. 12 Ave., Boynton Beach, Florida (the “Center”). The Director of Youth Violence Prevention Program (hereinafter referred to YVPP) shall coordinate with Provider to establish a schedule of use for the Services at the Center. 1.2 Provider shall render the Services in a diligent, careful and thorough manner consistent with good business practice. Time shall be of the essence with respect to all matters set forth in this Agreement. 1.3 Provider shall have all prospective staff complete a criminal background screening. Staff will be assigned documentation that they will bring to the Livescan Service Provider being used by the City for a state and national background check. No staff shall be hired to work with Provider at the 68 of 527 Center until the background check has been returned and cleared by the Recreation & Parks Department. YVPP has the right to reject any applicants or staff working under the direction of Provider. Nothing in this Agreement, however, shall impose any responsibilities or obligations on the City in connection with performance or actions of any staff hired by Provider. The City reserves the right to require Provider to dismiss any staff working under it whose performance or actions are detrimental to the Project or who is involved in misconduct, drug use, alcohol consumption or use or possession of firearms on City property. 1.4 Provider shall comply with all City rules, regulations and procedures regarding the operation of the Center and the conduct of providers for City programs. 1.5 Provider shall promptly notify the Recreation & Parks Department about any participant injury or accident and complete an “Accident/Incident Form.” If the injury required first aid, the instructor must notify the Center supervisor immediately. The form must be submitted to the Recreation & Parks Department the same day as the incident. 1.6 Smoking, alcohol and profanity are not allowed at City facilities or around participants. 1.7 Provider is responsible for ensuring that the area it uses is safe and clean before and after each program. 2. COMPENSATION. 2.1 Contract Amount. In consideration of the satisfactory performance of the Services by Provider, and the performance by Provider of all of its other duties and obligations as set forth in this Twelve Hundred Agreement, Provider shall be entitled to reimbursement in an amount not to exceed Dollars - ($1,200.00) (“Contract Amount”) based on the fees set forth in Exhibit “A” attached hereto. The Contract Amount shall be the sole amount reimbursed to Provider in connection with the rendition of the Services and the performance of any and all of its other obligations hereunder and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Provider. Payment to the Provider by the City is contingent upon reimbursement from the County in accordance with the terms of the Interlocal Agreement. 2.2 Payment. Payment requests must be submitted by the first of each month using the forms attached hereto as Exhibit “B”, to: Director of YVPP, Vickie Henderson, Carolyn Sims Center, 225 th N.W. 12 Ave., Boynton Beach, Florida 33435. Invoices shall be itemized in sufficient detail for prepayment audit thereof. Provider shall supply any further documentation deemed necessary by the County or City including detailed data for the purposes of evaluation of the Project. The City shall have the right to deny reimbursement if proper documentation is not submitted. Once properly submitted, the City will promptly pay the approved amount. 2.3 No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Provider, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Provider of liability for the defective, faulty or incomplete rendition of the Services. 3. TERM. The term of the engagement under this Agreement shall commence on the date executed by the later of Provider and City (the “Effective Date”) and shall continue until March 31, 2012 subject to renewal or termination as provided in this Agreement. This Agreement may be renewed upon the sole discretion of the City subject to available funding and provided that the Interlocal Agreement with Palm Beach County is renewed or extended. 69 of 527 4. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PROVIDER 4.1 Authority. Provider hereby represents and warrants to the City that it has full power and authority to enter into this Agreement and fully perform its obligations hereunder without the need for any further corporate or governmental consents or approvals, and that the persons executing this Agreement are authorized to execute and deliver it. 4.2 Duly Licensed. Provider represents that it is duly licensed to perform the Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. 4.3 No Contingency. Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Provider, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Provider, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. In the event of a breach or violation of this provision by Provider, the City shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the contract fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 4.4 Provider represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). 5. STANDARD OF CARE. The standard of care for all Services performed or furnished by Provider under this Agreement will be the care and skill ordinarily used by members of Provider’s profession practicing under similar circumstances or at the same time and in the same locality. 6. COMPLIANCE WITH LAWS. In the conduct of the Services under this Agreement, Provider shall comply in all material respects with all applicable federal and state laws and regulations and all applicable county and City ordinances and regulations. 7. INDEPENDENT CONTRACTOR. Provider acknowledges and agrees that it is an independent contractor of the City and is not an employee of the City. Provider more specifically acknowledges that: it will not be eligible to participate in any employee benefit maintained by the City; will not be covered by the City’s workers’ compensation insurance; will be solely and exclusively responsible for payment of all federal and state income, social security, unemployment and disability taxes due in respect of all compensation and/or other consideration paid by the City to Provider hereunder. Provider acknowledges that it shall have no authority to bind City to any contractual or other obligation whatsoever. Provider shall be entitled to seek and accept other engagements and/or employment during the term of this Agreement so long as such other employment or engagements do not interfere with the performance of Provider’s duties hereunder. Provider shall be responsible to the City for all work or services performed by Provider or any person or firm engaged as a sub-Provider or subcontractor to perform work in fulfillment of this Agreement. 8. RIGHT TO AUDIT. Provider shall maintain adequate records for the Services performed under this Agreement for three (3) years following completion of the Services, or conclusion of any litigation regarding this Agreement. The City shall have the right to audit Provider’s books and records, at the City’s expense, upon prior notice, with regard to the Services provided to the City hereunder. Failure by Provider to permit such audit shall be grounds for termination of this Agreement by the City. 9. INSURANCE. 70 of 527 9.1 Provider shall purchase from and maintain, in a company or companies lawfully authorized to do business in Florida, such insurance as will protect the City from claims set forth below which may arise out of or result from performance under this Agreement by Provider, or by a subcontractor of Provider, or by anyone directly or indirectly employed by Provider, or by anyone for whose acts Provider may be liable. 9.2 The insurance required shall be written for not less than the following limits of liability. Coverages shall be maintained without interruption from the Effective Date of this Agreement until date of final payment and termination of any coverage required to be maintained after final payment. Any liability coverage on claims made basis shall remain effective for five (5) years after final payment. (1) General Liability – coverage in the minimum amounts specified below, and with a maximum deductible of $25,000 per occurrence. General Liability $500,000 per occurrence $1,000,000 aggregate annually Property Damage $500,000 per occurrence $1,000,000 aggregate annually (2) Automobile Liability $300,000 combined single limit per occurrence (3) Worker's Compensation: Worker's Compensation and Employer’s Liability Insurance with limits as required by Chapter 440, Florida Statutes. 9.3 Certificates of Insurance shall be delivered to City prior to execution of this Agreement. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until a minimum of 10 days prior notice of cancellation for non-payment or 45 days’ prior notice of cancellation otherwise. All certificates for general liability coverages shall name the City as an Additional Insured. If any of the foregoing insurance coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted along with the application for final payment. The Provider shall furnish one copy each of Certificates of Insurance for each copy of the Agreement which shall specifically set forth evidence of all insurance coverage required by the Agreement. The Certificate of Insurance shall be dated and show the name of the insured Provider, the specific Project or Agreement by name and RFP or Procurement number, the name of the insurer, the number of the policy, its effective date, and its termination date. 10. INDEMNITY. Provider agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages that may be asserted, claimed or recovered against or from City, its officials, agents, or employees by reason of any damage to property or personal injury, including death and which damage, injury or death arises out of or is incidental to or in any way connected with Provider’s performance of the Services or caused by or arising out of (a) any act, omission, default or negligence of Provider in the provision of the Services under this Agreement; (b) property damage or personal injury, which damage, injury or death arises out of or is incidental to or in any way connected with Provider’s execution of Services under this Agreement; or (c) the violation of federal, state, county or municipal laws, ordinances or regulations by Provider. This indemnification includes, but is not limited to, the performance of this Agreement by Provider or any act or omission of Provider, its agents, servants, contractors, patrons, guests or invitees 71 of 527 and includes any costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such claims or the investigation thereof. Provider agrees to pay all claims and losses and shall defend all suits, in the name of the City, its employees, and officers, including but not limited to appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Provider under this indemnification provision. To the extent considered necessary by the City, any sums due Provider under this Agreement may be retained by City until all of City’s claims for indemnification have been resolved, and any amount withheld shall not be subject to the payment of interest by City. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or otherwise. The parties mutually acknowledge that the provisions of §725.08, Fla. Stat., have been fulfilled and govern this provision. This paragraph shall not be construed to require Provider to indemnify the City for its own negligence, or intentional acts of the City, its agents or employees. This clause shall survive the expiration or termination of this Agreement. 11. TERMINATION. 11.1 The City shall have the right to terminate this Agreement, in whole or in part, with or without cause, and for its convenience, upon five (5) days written notice to Provider. In the event of termination, and subject to reimbursement from the County, the City shall compensate the Provider for all authorized work satisfactorily performed through the termination date under the payment terms set forth herein. 11.2 Provider shall immediately deliver all documents, written information and other materials concerning City projects in its possession to the City and shall cooperate in transition of its consulting duties to appropriate parties at the direction of the City. 11.3 Upon termination, this Agreement shall have no further force or effect and the parties shall be relieved of all further liability hereunder, except that the provisions of this Section shall survive termination of this Agreement and remain in full force and effect. 12. NOTICE. All written notices, demands and other communications required or provided for under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier, or by electronic transmission producing a written record, or hand delivered to Provider at the address on the first page of this Agreement, or to the City, at the address on the first page of this Agreement, attention: Wally Majors, Recreation & Parks Director, with a copy to the City Attorney, or to such other address or person as shall be designated by a party in a written notice given in the manner required hereby. 13. TAXES. Provider understands that in performing the Services for the City, Provider is not exempt from paying sales tax to Provider’s suppliers for materials required for Provider to perform under this Agreement. Provider shall not be authorized to use the City’s tax exemption number for purchasing supplies or materials. 14. AVAILABILITY OF FUNDS. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four (24) hours notice to Provider. The City shall be the sole and final authority as to the availability of funds. 72 of 527 15. NON-DISCRIMINATION. Provider shall not discriminate against any employee or applicant for employment or in the provision of Services because of race, color, religion, sex, national origin, age, disability, familial status, marital status or sexual orientation, or any other factor which cannot be lawfully used as a basis for service delivery. 16. ASSIGNMENT. This Agreement requires the personal skills and experience of Provider and may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and permitted assigns. 17. FORCE MAJEURE. Any deadline provided for in this Agreement may be extended, as provided herein, if the deadline is not met because of one of the following conditions occurring with respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake, volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one of the foregoing conditions interferes with contract performance, then the party affected may be excused from performance on a day-for-day basis to the extent such party's obligations relate to the performance so interfered with; provided, the party so affected shall use reasonable efforts to remedy or remove such causes of non-performance. The party so affected shall not be entitled to any additional compensation by reason of any day-for-day extension hereunder. 18. TRUTH-IN-NEGOTIATION. Execution of this Agreement by Provider shall be deemed certification that the compensation and hourly rates and other expenses or costs to be compensated under this Agreement are accurate, complete and current and the time of contracting. The fees and expenses payable under this Agreement shall be adjusted to exclude any significant sums should the City determine that the fees and costs were increased due to inaccurate, incomplete or non-current wage rates or due to inaccurate representations of fees paid to outside Providers. The Cityshall exercise its rights under this provision within one (1) year following final payment. 19. NO CONFLICTS. 19.1 Provider represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with its performance under this Agreement. The Provider further represents that no person having any interest shall be employed or engaged by it for said Services. 19.2 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or hold any continuing or frequently recurring employment, contractual relationship business association or other circumstance, which may influence or appear to influence Provider’s exercise of judgment or quality of the Services being provided under this Agreement. Provider, its officers, personnel, subsidiaries and subcontractors shall not perform services for any third party that would in any way be in conflict with the Services to be provided to the City under this Agreement. 19.3 Provider shall promptly notify the City in writing by certified mail of all potential conflicts of interest or any event described in this Section. Said notification shall identify the prospective business interest or circumstance and the nature of work that Provider intends to undertake and shall request the opinion of the City as to whether such association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Provider. The City agrees to notify the Provider by certified mail of its opinion within thirty (30) calendar days of receipt of the said notification and request for opinion. If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Provider, the City shall so state in its opinion and the Provider may, at its option, enter into said association, interest or 73 of 527 circumstance and it shall be deemed not in conflict of interest with respect to services provided to the City by Provider under this Agreement. 19.4 In the event Provider is permitted to utilize subcontractors to perform any services required by this Agreement. Provider agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 20. PUBLIC ENTITY CRIMES ACT. Provider represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that Provider and its subcontractors under this Agreement have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months from the date of submitting a proposal for this Agreement or entering into this Agreement. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 21. LOBBYING CERTIFICATION. Provider certifies to the best of its knowledge and belief that no funds or other resources received from the State in connection with this Agreement will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 22. SMALL BUSINESS REQUIREMENTS. Provider shall comply with the City’s Small Business Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm Beach, which is incorporated herein by this reference. Provider shall comply with the small business commitment contained in Consultant’s Proposal. Provider shall maintain all relevant records and information necessary to document compliance with the Small Business Ordinance and shall allow the City to inspect and audit such records. 23. GOVERNING LAW. This Agreement shall be construed and interpreted, and the rights of the parties hereto determined, in accordance with Florida law. The City and Provider submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern District of Florida. PROVIDER agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. T O ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY , LITIGATION EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO A. THIS GREEMENT 24. SEVERABILITY. In the event that any sentence, section, paragraph or portion of this Agreement shall be held by a court to be invalid for any reason, such invalidity shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 25. WAIVER. Any waiver by either party hereto of any one or more of the covenants, conditions, or provisions of this Agreement, shall not be construed to be a waiver of any subsequent or other breach of the same or any covenant, condition or provision of this Agreement. 26. HEADINGS. The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 27. ENTIRE AGREEMENT. This Agreement and exhibits hereto embody the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. This Agreement may only be modified by written amendment executed by the City and Provider. 74 of 527 IN WITNESS WHEREOF , the parties hereto have made and executed this Agreement as of the day and year last executed below. CITY OF BOYNTON BEACH ATTEST: By: ___________________________ By: ______________________________ City Clerk Interim City Manager Date: ___________________, 2011 CITY ATTORNEY'S OFFICE Approved as to form and legal sufficiency By: ____________________ Date: __________________ PROVIDER: WITNESSES: (JWPC Solutions, LLC) ___________________________ By: ____________________________ Printed Name:________________ Print Name: _______________________ ____________________________ Title:_____________________________ Printed Name:_________________ Date: , 2011 75 of 527 76 of 527 77 of 527 78 of 527 79 of 527 80 of 527 81 of 527 82 of 527 6. D CONSENT AGENDA November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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 Bid for "ANNUAL SUPPLY OF EQUESTED CTION BY ITY OMMISSION MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" Bid # 070- 1412-11/MFD to the following four (4) companies: Florida Embroidered Patches, Global Trading, SP Design and Special Products Group on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $35,000. : N15,2011–N14,2012 CONTRACT PERIODOVEMBER OVEMBER ER: On August 18, 2011, Procurement Services opened and tabulated XPLANATION OF EQUEST four (4) bids for Embroidery and Silk Screening Uniforms. This bid is utilized to purchase employee work shirts, polo shirts, ball caps, jackets, and emblem (patches). All bids were reviewed by the Warehouse Manager. It was determined to recommend this award in part to . all four (4) companiesThe award is as follows: FL. Embroidered Patches 3 Items Global Trading 82 Items SP Design 33 Items Special Products Group 23 Items Total 141 Items 83 of 527 The following vendors have minimum requirements for ordering: Fl. Embroidery - Minimum 50 qty per item Global - Minimum 12 qty per order SP Design - Minimum 12 qty per embroidery Minimum 36 qty per silk screen Minimum 72 qty per ASI (Ad Specialty Industries) items SPG - Minimum 12 qty per silk screen Most of the minimum requirements are fine as they meet our minimum requirements. In the event we do not meet a minimum, we will go to the next lowest vendor. Last year’s expenditures were $33,113.02 and the previous year was $39,091.78. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase of Embroidery and Silk Screening Uniforms. These supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 502-0000-141-0100 $35,000 A: Obtain quotes on an “as needed” basis which would not be cost effective. LTERNATIVES 84 of 527 The City of Boynton Beach Finance Department WAREHOUSE DIVISION Tim Howard, Deputy Director of Financial Services TO: FROM: Michael Dauta, Warehouse Manager DATE: October 6, 2011 SUBJECT: Embroidery Bid # 070-1412-11/MFD I reviewed the proposals sent from your office. The evaluating factors used were A) Pricing B) Brand. My recommendation is a multi-award to overall low vendor. Last year’s expenditures were $33,113.02 and the previous year’s were $39,091.78. This year’s expenditures will be an estimated $35,000. The following vendors have minimum requirements for ordering: Fl. Embroidery - Minimum 50 qty per item Global - Minimum 12 qty per order SP Design - Minimum 12 qty per embroidery Minimum 36 qty per silk screen Minimum 72 qty per ASI (Ad Specialty Industries) items SPG - Minimum 12 qty per silk screen Most of the minimum requirements are fine as they meet our minimum requirements. In the event we do not meet a minimum, we will go to the next lowest vendor. Awarded Items 85 of 527 Fl. Embroidery Item(s) # 27 11,15, Global Item(s) # 18,1927 7,12,13,14,16,17,,20,21,22,23,24,25,26,,42,43,44,45,46,47,48,55,56,57,58,59,60,61,62,63,64,65, 66,67,69,72,73,74,75,76,77,79,80,81,82,85,87,88,89,90,95,96,97,98,99, 105,106,107,108,109,115,116,117,118,119,120,121,122,123,124,125,126,127,128,129, 130,131,132 and 68(200-30-69),68(200-30-70) These two items have the same item number. SP Design Item(s) # 1,2,3,4,8,28,29,30,31,32,33,35,36,37,70,71,78,83,84,91,92,93,94,100,101,102,103,104, 133,134,135,136,137 SPG Item(s) # 18,19 5,6,9,10,,34,38,39,40,41,49,50,51,52,53,54,86,110,111,112,113,114 Notes  Items in bold have two lowest vendors. We will determine which vendor to order from at time of order based on delivery time.  Global was not awarded the following items (28,29,30,31,34,35,36,37) because they proposed the brand Anvil when the brand Outerbanks is required.  SP Design was not awarded the following items (5,6) because the sample submitted did not match what we need.  SP Design was not awarded the following items (51,52,53,54,55,56,57,58,59,60,61,62,118,119,120,121,122,129,130,131,132,133) because they proposed an alternate brand instead of the brands 5.11 and Truspec which are required. In addition, the following vendors are offering %off list price for items not listed on bid. Global 15% SP Design 20% SPG 20% CC: Barry Atwood, Director of Finance 86 of 527 87 of 527 88 of 527 89 of 527 90 of 527 6. E CONSENT AGENDA November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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. R11-125 - Approve an EQUESTED CTION BY ITY OMMISSION Interlocal Agreement (ILA) for Palm Beach County to transfer to City four transit coaches for $1 (one dollar) each; reconveying the transit coaches to The Volen Center; authorizing approval of Letter of Understanding with The Volen Center. ER: In February 2009, the City entered into an Agreement with the XPLANATION OF EQUEST County to lease and operate four (4) buses. The County received funding to purchase the buses from a U.S. Department of Transportation Transit Administration Grant. The buses were used to operate the City’s Shopper Hopper program. When the Shopper Hopper Program was terminated at the end of last fiscal year, the buses were returned to the County. However, the County no longer has a public transit need for the buses and deemed them surplus. The services that were provided as part of the Shopper Hopper program are now being offered by the Volen Center. As such, the Volen Center inquired about the possibility of using the four buses as part of their service delivery. The County was in favor of this option. Through this Agreement, the County will allow the City to acquire the buses. The City will then transfer the buses to the Volen Center to use them as part of the Volen Center Shopper Hopper Program. The Agreement between the Volen Center and the City will be formalized by Letter of Understanding (LOU). H? With the Agreements between the County, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City and the Volen Center in place, the City will be able to facilitate a senior transportation program to replace the Shopper Hopper Program. 91 of 527 FI: The City will be responsible for all costs associated with the conveyance, ISCAL MPACT delivery, and transfer of title of the four transit coaches to the Volen Center. A: Do not enter into this Agreement. LTERNATIVES 92 of 527 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, FLORIDA, TRANSFERRING TO THE CITY FOUR TRANSIT COACHES FOR $1.00 EACH; AUTHORIZING THE CONVEYANCE OF THE TRANSIT COACHES TO THE VOLEN CENTER; APPROVING THE LETTER OF UNDERSTANDING WITH THE VOLEN CENTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in February, 2009, the City entered into an Interlocal Agreement with the County to lease four (4) transit coaches purchased through a United States Department of Transportation Federal Transit Administration grant; and WHEREAS, the transit coaches were used to operate the City’s Shopper Hopper Program; and WHEREAS, the coaches were returned to the County when the Shopper Hopper Program was terminated however the County no longer has a public transit need for the transit coaches and has deemed them surplus; and WHEREAS, The Volen Center is now offering the services that were provided as part of the Shopper Hopper program and, as such, The Volen Center has inquired about the use of the four transit coaches as part of their service; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to enter into the Interlocal Agreement between the City of Boynton Beach and Palm Beach County, Florida, for the transfer of the four transit coaches to the City for ($1.00) each; approving the conveyance of the four transit coaches to The Volen Center; and approving the Letter of Understanding with The Volen Center. 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. 93 of 527 Section 2. The City Commission hereby approves and authorizes the Mayor and City Clerk to execute the Interlocal Agreement between the City of Boynton Beach and Palm Beach County for the transfer of the four transit coaches to the City for ($1.00) each. A copy of the Interlocal Agreement is attached hereto as Exhibit "A". Section 3. The City Commission hereby approves the conveyance of the four transit coaches to The Volen Center for use as part of their services. Section 4. The City Commission hereby approves and authorizes the Letter of Understanding with The Volen Center, a copy of which is attached hereto as Exhibit “B”. Section 5. That this Resolution shall become effective immediately upon passage. 94 of 527 PASSED AND ADOPTED this _____ day of November, 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) 95 of 527 AGREEMENT REGARDING THE CONVEYANCE OF BUSES TO THE CITY OF BOYNTON BEACH, FLORIDA THIS AGREEMENT REGARDING THE CONVEYANCE OF BUSES is made and entered into this day of __________, 2011, by and between Palm Beach County, a political subdivision of the State of Florida, (hereinafter referred to as “Palm Beach County”), and The City of Boynton Beach, a political subdivision of the State of Florida. W I T N E S S E T H : WHEREAS, Palm Beach County’s Department of Surface Transportation (also known as “Palm Tran”) has determined that it has four (4) model year 2001 El Dorado Cutaway buses (collectively referred to herein as “Buses”) that are not needed for any County purpose, that the Buses are an uneconomical asset, and that Palm Beach County no longer has a public transit need for the Buses; and WHEREAS , The City of Boynton Beach has advised Palm Beach County’s Department of Surface Transportation, Palm Tran, that The City desires to acquire the Buses from Palm Beach County; and WHEREAS, The City of Boynton Beach has represented that it will incorporate the Buses into The City of Boynton Beach public transit system, and use them to promote the community interest and welfare by enhancing the public transit system; and WHEREAS, The City of Boynton Beach has applied to Palm Beach County for the conveyance of the Buses to The City of Boynton Beach and affirms that it will use the Buses to accomplish the purposes described herein; and WHEREAS, The City of Boynton Beach does hereby further represent and affirm that it is an entity qualified and eligible to receive a conveyance of personal property from Palm Beach County in accordance with the requirements of Section 125.38, F.S.; and WHEREAS , Palm Beach County has determined that the Buses are not needed for any Palm Beach County purpose, that the Buses are required for use by The City of Boynton Beach, and that the Buses should be conveyed to The City of Boynton Beach for the nominal sum of One Dollar ($1.00); and WHEREAS, Palm Beach County’s Board of County Commissioners finds that the use The City of Boynton Beach will make of the Buses constitutes and will serve a valid public purpose. NOW, THEREFORE , in consideration of the covenants and promises contained herein, the parties agree as follows: 1. Incorporation of Recitals: The foregoing recitals are true and correct and incorporated into and made a part of this Agreement. 2. Purpose: The purpose of this Agreement is to set forth the various duties, rights and obligations of the parties regarding the transfer of the Buses to The City of Boynton Beach and The City of Boynton Beach’s use of the Buses to promote the community’s interest and welfare by utilizing the Buses in The City of Boynton Beach’s public transit system as contemplated in this Agreement. The Buses to be transferred to The City of Boynton Beach consist of (4) model year 2001 El Dorado Cutaway buses with the following Vehicle Identification Numbers: 1FDXE45F41HA69972 Fixed Asset # 101290870000000 1FDXE45F21HA69971 Fixed Asset # 101290860000000 1FDXE45F01HA69970 Fixed Asset # 101290850000000 1FDXE45F41HA69969 Fixed Asset # 101290840000000 3. Representatives: Palm Beach County’s representative following the execution of this Agreement will be Palm Tran’s Executive Director whose telephone number is 561-841-4210, or his designee. The City of Boynton Beach’s representative following the execution of this Agreement will be Wally Majors, Recreation and Parks Director whose telephone number is (561) 742-6224 or such other representative designated by The City of Boynton Beach. 96 of 527 4. Transfer of Title: Palm Beach County agrees to transfer title, relinquish possession and deliver the Buses to The City of Boynton Beach, Florida or such other location in Palm Beach County, Florida, on such date and time specified by Palm Beach County’s Representative; provided, provided, that, the Federal Transit Administration (FTA) has notified Palm Beach County that it has approved the transfer of the Buses to The City of Boynton Beach, and Palm Beach County has received from The City of Boynton Beach the nominal sum of One Dollar ($1.00). The City of Boynton Beach shall be solely responsible for and shall bear all costs arising out of and related to the conveyance, transfer of title, delivery and acceptance of the Buses, of whatsoever kind or nature. The City of Boynton Beach acknowledges that the Buses have been fully depreciated, that for Federal Transit Administration’s (FTA) purposes all buses have reached their useful service life. Palm Beach County is willing to release its ownership and control of the Buses to The City of Boynton Beach following Palm Beach County’s receipt of FTA approval for this transfer, and The City of Boynton Beach’s release of Palm Beach County from any future liability or responsibility for the Buses. The City of Boynton Beach acknowledges that with the execution of this Agreement it accepts responsibility for the continued satisfactory maintenance and control of the Buses. 5. Acceptance of Buses “As Is” and Disclaimer of Warranty: It is understood between the parties that Palm Beach County is conveying the Buses to The City of Boynton Beach “as is” and that no representations are made as to the maintenance, safety, operability or condition of the Buses or any equipment associated therewith. No warranties are made, of any kind or nature, and none shall be deemed to be in effect, including but not limited to any warranty with respect to the design, condition, safety or operability of the Buses, their quality or capacity, their conformity to or compliance with any requirement of law (whether state, federal or local), or any rule, specification or contract pertaining to the Buses. No warranties are made regarding patent infringement, any latent defect or the Buses’ fitness for any or a particular purpose. The City of Boynton Beach’s execution of this Agreement shall act as its acknowledgment that it has performed a detailed inspection of the Buses and accepts them in their “as is” condition. The City of Boynton Beach further acknowledges and agrees that no representations or warranties have been made regarding the Buses, and that it has not relied upon any statement or representation made by Palm Beach County or Palm Tran, Inc. or their respective officers, employees, servants or agents regarding the Buses or any equipment that may or not may be located thereon. The City of Boynton Beach shall correct any and all conditions that may interfere with or affect the safe operation or use of the Buses or create a danger to any person or property prior to it or any other person or entity using or operating the Buses. Palm Beach County is not the manufacturer of the Buses or any equipment associated therewith. Palm Beach County is not the agent of the manufacturer, and no warranty against patent or latent defects in material, workmanship, or capacity is given. Palm Beach County does not warrant the Buses or any equipment associated therewith as being fit for a particular purpose, or as having been maintained or adjusted to a certain condition, level or degree of safety, or as required by law. No oral or written statement, representation, information or advice from Palm Beach County, Palm Tran, Inc. or any of their respective officers or employees whether given before, during or after delivery of the Buses shall create a warranty, including any warranty as to maintenance, safety, operability or reliability, and The City of Boynton Beach expressly acknowledges that it is not entitled to rely on any such statement, representation, information or advice, if such was made or given. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE GIVEN. ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY, AN IMPLIED OR PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. PALM BEACH COUNTY SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, SAVINGS OR OTHER CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES ARISING OUT OF THIS AGREEMENT AND/OR THE CITY OF BOYNTON BEACH’S USE OR OPERATION OF THE BUSES. NEITHER PALM BEACH COUNTY NOR PALM TRAN, INC. SHALL NOT BE LIABLE FOR ANY CLAIM FOR DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR PROPERTY DAMAGE, BASED UPON A CLAIM IN CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY OR BREACH OF WARRANTY. 6. Discrimination Prohibited: The City of Boynton Beach represents and warrants that it will not discriminate in any use made of the Buses and that their employees will be treated equally without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, sexual orientation, gender or gender identity or expression. 7. Responsibility: The City of Boynton Beach shall be solely responsible for all costs associated with or related to the conveyance, delivery, transfer of title and its use of the Buses. The City of Boynton Beach agrees that Palm Beach County has no responsibility or duty, of any kind or nature, to any person or entity, relating to the 97 of 527 Buses. The City of Boynton Beach expressly waives and releases Palm Beach County and Palm Tran, Inc. from any responsibility or liability, of any kind or nature whatsoever, that Palm Beach County or Palm Tran, Inc, had, has or may have to The City of Boynton Beach or any other person or entity, related to Palm Beach County’s conveyance of the Buses to The City of Boynton Beach or The City of Boynton Beach’s ownership, use, operation, maintenance or possession of the Buses. 8. No Agency Relationship: Palm Beach County is transferring title to the Buses, after receiving FTA approval. The City of Boynton Beach is not an agent, servant or employee of Palm Beach County or Palm Tran, Inc. Neither Palm Beach County nor Palm Tran, Inc. is an agent, servant or employee of The City of Boynton Beach. The City of Boynton Beach acknowledges and agrees that neither Palm Beach County nor Palm Tran, Inc. has any control over the actions, activities or decisions of The City of Boynton Beach. Nothing contained herein shall create an agency relationship between The City of Boynton Beach and Palm Beach County or The City of Boynton Beach and Palm Tran, Inc. 9. The City of Boynton Beach shall not assign, transfer or otherwise encumber this Agreement, in whole or in part, without first having obtained the prior written consent of Palm Beach County. 10. Hold Harmless and Indemnification: To the extent permitted by law, The City of Boynton Beach agrees to protect, defend, reimburse, save, indemnify and hold Palm Beach County, Palm Tran, Inc., their successors or assigns, and their respective directors, officers, servants, agents or employees, free and harmless, at all times, from and against any and all suits, actions, damages, liabilities, interest attorney’s fees, costs and expenses of any kind or nature, including all costs of appeals, arising out of or related, in any manner whatsoever, to The City of Boynton Beach’s acquisition, inspection, acceptance, possession, use, operation or maintenance of the Buses, any intentional or negligent act or omission of The City of Boynton Beach, or any intentional or negligent act or omission of Palm Beach County or Palm Tran, Inc. that relates, in any manner, to The City of Boynton Beach’s acquisition, ownership, operation, maintenance, possession or use of the Buses. The City of Boynton Beach expressly agrees that neither Palm Beach County or Palm Tran, Inc. has a duty to The City of Boynton Beach, the public, any member of the public, any passenger being transported on one of the Buses, or any other third party to notify The City of Boynton Beach or any other person of any defect or dangerous condition or to correct any defect or dangerous condition which may exist or affect, in any way whatsoever, The City of Boynton Beach’s use, maintenance or operation of the Buses. The foregoing indemnification shall survive the expiration or termination of this Agreement and shall remain in effect at all times during which The City of Boynton Beach owns, possesses, uses, maintains or has an interest in the Buses. 11. Remedies and Venue: This Agreement shall be governed by the laws of the State of Florida and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 12. Entirety of Agreement: This Agreement sets forth the entire agreement between the parties and supersedes all other negotiations, representations, or agreements, whether written or oral, relating to this Agreement. The Agreement may be modified and amended only by written instrument executed by the parties hereto. 13. No Third Party Beneficiaries Created: This Agreement is not intended to be a third party beneficiary contract and creates no right in anyone other than The City of Boynton Beach, Palm Beach County and Palm Tran, Inc. No other person or entity shall have any rights, interest, or claims against the County or Palm Tran, Inc. as a result of this Agreement or The City of Boynton Beach’s acquisition, ownership, use, operation or maintenance of the Buses, or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. The City of Boynton Beach expressly acknowledges and agrees that neither Palm Beach County nor Palm Tran, Inc. has a duty, of any kind or nature, to The City of Boynton Beach or any third party as a result of The City of Boynton Beach, ownership, operation, maintenance, possession or use of the Buses. 14. Representations: The City of Boynton Beach acknowledges Palm Beach County’s intent to convey the Buses to The City of Boynton Beach in accordance with the requirements of Section 125.38, F.S. The City of Boynton Beach affirms its representation to County that it is an entity eligible to receive personal property from Palm Beach County under Section 125.38, F.S. To the extent permitted by law, The City of Boynton Beach shall save, defend, indemnify and hold harmless Palm Beach County for any and all liability or responsibility that Palm 98 of 527 Beach County had, has or may have as a result of a determination that The City of Boynton Beach is not an entity eligible to receive personal property from Palm Beach County under Section 125.38, F.S. 15. Notices: Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. Mail. All notices shall be addressed to the following: As to Palm Beach County: Executive Director, Palm Tran 3201 Electronics Way West Palm Beach, FL 33407 (561) 841-4210 As to The City of Boynton Beach: Recreation and Parks Director The City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33435-0310 Phone: (561) 742-6000 16. Waiver: No waiver of any provisions of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. 17. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 18. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 19. Severability: Should any section, paragraph, sentence, clause or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement. 20. Entirety of Contract and Modifications: Palm Beach County and The City of Boynton Beach agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 21. Survivability: Any provision of this Agreement which is of a continuing nature or imposes an obligation which extends beyond the term of this Agreement shall survive its expiration or earlier termination. (Remainder of Page Intentionally Left Blank) IN WITNESS WHERE OF , the parties have executed this Interlocal (Grant) Agreement and it is effective on the date first above written. Palm Beach County, Florida, by its City of Boynton Beach, Florida Board of County Commissioners By:_________________________________ By:_________________________________ Chair Attest: Attest: 99 of 527 Sharon R. Block, Clerk & Comptroller By: By:__________________________________ Deputy Clerk Municipal Clerk Approved as to Terms and Conditions By:_______________________________ Chuck Cohen, Executive Director Palm Tran Approved as to Form Approved as to Form and Legal Sufficiency and Legal Sufficiency ___________________________________ ___________________________________ County Attorney City Attorney 100 of 527 November 8, 2011 Elizabeth L. Lugo President/CEO The Volen Center, Inc. 1515 West Palmetto Park Road Boca Raton, Florida 33486 Re: Letter of Understanding regarding Transportation Services Dear Ms. Lugo: The purpose of this Letter of Understanding is to formalize the agreement between the City of Boynton Beach (“City”) and the Volen Center, Inc. (“Volen”) as it relates to transportation services. BACKGROUND Prior to October 1, 2011, the City operated a transportation service commonly referred to as the “Shopper Hopper” Program. The Shopper Hopper Program provided low cost transportation for seniors within the Boynton Beach city limits to locations such as the Boynton Beach Senior Center, doctor’s offices, grocery stores, pharmacies, social service agencies, and a variety of other locations throughout the City. The Shopper Hopper operated on a six day a week schedule with fixed routes as established by the City’s Recreation and Parks Department. The Boynton Beach Shopper Hopper Program was discontinued by the City Commission effective September 30, 2011. The City Commission’s decision was based upon its determination that the Volen could provide transportation services in substantially the same manner as the Shopper Hopper Program in an equally efficient but less costly manner. In conjunction with the City’s budget hearings, Volen made a proposal to extend Volen’s Community Coach Program that was already in service in the City but running at capacity. Volen proposed that it could add additional fixed routes including transportation to and from the City’s Senior Center. In exchange for providing standard services, Volen proposed that the City re-allocate $75,000 of its annual budget to Volen to subsidize the additional transportation services. As the result of further discussion and negotiation Volen and the City have agreed as follows: OBLIGATIONS OF THE VOLEN  Effective date October 1, 2011 and until September 30, 2012 Volen will provide a "Shopper Hopper" Transportation program for the City’s senior residents.  The program will follow the routes and destinations as described in the attached Exhibit “A”.  The Volen will provide daily rides (Monday – Friday) arriving to the City’s Senior Center at approximately 10am and leaving the Senior Center at 3pm.  Service will be provided on a first-come, first-serve basis. 101 of 527  The Volen reserves the right to alter the schedule with regards to days and times as to best meet the needs of the seniors of Boynton Beach.  Volen will be responsible for all salaries and benefits for the driver(s) as well as all gas, maintenance, repair, tires, insurance, etc. for the vehicles.  Volen will also provide all office staff, dispatch, scheduling and intake staff.  The cost per trip for the senior rider is $3 each way and there is no membership fee associated with this program at this time.  Volen will provide the above described transportation services using, at Volen’s discretion, four vehicles the City intends to transfer to the Volen as additional subsidy to provide the services.  Until the transfer of the four vehicles is finalized, Volen will use Volen’s existing fleet to cover the rides and routes.  Volen will provide packets of information including all of the necessary paperwork and forms to the City and any interested senior residents. All riders must fill out an enrollment/registration form, sign applicable waivers and forms and adhere to the Volen’s policy on rider conduct.  Volen has the sole discretion to determine who is appropriate and who is not for the service and to monitor compliance with the standards of conduct for the individual riders. Riders must notify Volen if they are not going to need a scheduled ride and will need to adhere to the Volen’s Community Coach guidelines as it pertains to scheduling and cancelling any rides.  Provide the City on request data regarding ridership, fares collected, and ridership complaints, if any. OBLIGATIONS OF THE CITY  The City will pay Volen $75,000 which represents the 2011-12 City appropriation for senior transportation services. The $75,000 with be paid in four quarterly payments of $18,750.00.  The City will transfer to Volen, four (4) buses obtained by the City from Palm Beach County, Florida.  Forward to Volen all ridership complaints which are communicated to the City. ADDITIONAL TERMS OF UNDERDTANDING  This Letter of Understanding does not constitute a fixed term.  Volen or the City can discontinue this service and fund relationship at any time provided ninety (90) days advanced notice is provided.  The City is under no duty to continue to appropriate funds for the services being provided by Volen.  The transportation services being provided by the Volen remain solely under the control of Volen and the City has no operational control over the operational means and methods used by Volen.  Volen is not an employee, independent contractor, or agent of the City but operates as a private independent entity. Please confirm that The Volen Center, Inc. agrees that the foregoing represents the understanding of our mutual obligations by signing below and return one of the two originals to me. Thank you for your continued cooperation with the City of Boynton Beach and your assistance in providing transportation services to our seniors and other citizens in need of independent transportation. Very truly yours, 102 of 527 Lori LaVerriere Interim City Manager LL/lms cc: James A. Cherof, City Attorney Janet M. Prainito, City Clerk 103 of 527 The Volen Center Shopper Hopper Schedule Schedule Monday Route 10 Destination Mall/Target/Wal-Mart/Shoppes of Boynton {12:00 & 1:00 p.m. return} PINEPOINT 9:20 a.m. VILLAGE ROYAL ON THE GREEN 9:30 a.m. VILLAGE ROYAL 9:35 a.m. BOYNTON BAY 9:45 a.m. Route 11 Destination: Mall-Target-Shoppes of Boynton {2:30 p.m. return} LEISUREVILLE SECTION 1 11:00 a.m. LEISUREVILLE SECTION 2 11:00 a.m. LEISUREVILLE SECTION 3 11:00 a.m. VENETIAN TERRACE 11:15 a.m. BOYNTON LEISUREVILLE 11:15 a.m. Tuesday Route 2 Destination Publix (1 hour shopping) Route 3 Destination Publix (1 hour shopping) LEISUREVILLE SECTION 1 9:00 a.m. SOUTHWEST BOYNTON 12:00 p.m. LEISUREVILLE SECTION 2 9:30 a.m. VENETIAN TERR APTS. 12:15 p.m. LEISUREVILLE SECTION 3 9:30 a.m. BOYNTON LEISUREVILLE 12:30 p.m. 104 of 527 Wednesday Route 4 Destination Publix (1 hour shopping) Route 5 Destination Publix (1 hour shopping) COLONIAL CLUB 9:00 a.m. CHERRY HILL SECTION 12:00 p.m. HAMPSHIRE GARDENS 9:00 a.m. ROLLING GREEN SECTION 12:10 p.m. SEAGATE 9:05 a.m. NORTHEAST BOYNTON 12:15 p.m. SNUG HARBOR 9:10 a.m. ROYAL MANOR 12:30 p.m. SOUTHEAST BOYNTON 9:15 a.m. NORTHWEST BOYNTON 12:45 p.m. HIGHPOINT 9:30 a.m. STERLING VILLAGE 10:00 a.m. The Volen Center Shopper Hopper Thursday Route 6 Destination Publix (1 hour shopping) Route 7 Destination Wal-Mart {2 & 3 p.m. return} NORTHEAST BOYNTON 8:45 a.m. BOYNTON BAY 9:00 a.m. LEISUREVILLE SECTION 1 12:00 p.m. PINE POINT 9:35 a.m. LEISUREVILLE SECTION 2 12:00 p.m. VILL. ROYALE ON THE GREEN 9:45 a.m. LEISUREVILLE SECTION 3 12:00 p.m. VILLAGE ROYALE 9:50 a.m. VENETIAN TERR. APTS. 12:15 p.m. BOYNTON LEISUREVILLE 12:20 p.m. Friday Route 8 Destination Mall/Target/Wal-Mart/Shoppes of Boynton {12:15, 1:15 & 2:00 p.m. return} CHERRY HILL/ROLLING GREEN 9:15 a.m. HIGHPOINT 9:35 a.m. SOUTH BOYNTON 9:55 a.m. ROYAL MANOR 10:30 a.m. NORTHWEST BOYNTON 10:45 a.m. Route 9 Destination Mall/Target/Wal-Mart/Shoppes of Boynton {12:15 & 1:15 p.m. return} SOUTHEAST BOYNTON 9:35 a.m. COLONIAL CLUB 9:45 a.m. HAMPSHIRE GARDENS 9:45 a.m. SEAGATE 9:45 a.m. STERLING VILLAGE 9:55 a.m. 105 of 527 6. F CONSENT AGENDA November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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. R11-126 - Approve and EQUESTED CTION BY ITY OMMISSION authorize the Interim City Manager to sign an Agreement with CRS Max Consultants, Inc. of Coconut Creek, FL for the purpose of developing a Flood Mitigation Plan for the City of Boynton Beach, RFP #078-2411-11/TWH in the amount of $29,750. AP: D1,2011N30,2012. GREEMENT ERIOD ECEMBER THRU OVEMBER ER: The City of Boynton Beach received a grant from State of Florida, Division of XPLANATION OF EQUEST Emergency Management to assist in developing a Flood Mitigation Plan to be submitted to the State and FEMA for approval. As part of developing the Flood Mitigation Plan, Procurement advertised an RFP#078-2411-11/TWH for consultants to provide assistance in the development and submittal of the plan to the State and FEMA. Procurement received and opened eight (8) proposals on September 21, 2011. An Evaluation Team consisting of Eric Johnson, Planning & Zoning Division, Kathleen Lee, Building Division, and Chris Roschek, Utilities Department evaluated the proposals. As explained in the RFP the evaluation categories consisted of:  Experience of the firm with similar projects  Background and experience of principal members of the firm  Evidence of possession of required licenses or business permits  Experience in performance  Contracts on hand  Review of references  Consideration of past lawsuits or arbitration to which firm has been a party  Price 106 of 527 In reviewing the proposals, the Evaluation Team members considered the above criteria and particularly CRS training (Community Rating System) and Certified Floodplain Manager designations of firms’ listed staff members and previous experience with preparing a Flood Plain Management Plan and the scoring on those plans. These factors address the experience of the firms with similar projects and the background and experience of principal members of the firm. As a result of the proposal reviews, the proposals from the following four (4) firms were determined to be non-responsive: Emergency Disaster Strategies, R.J. Behar & Company, Inc., GRD Solutions, LLC and Jonathan T. Ricketts, Inc. Of the remaining four (4) proposals, it was determined that CRS Max Consultants, Inc. was the lowest, most responsive, responsible bidder with a bid price of $29,750. H? The purpose of this RFP was to engage a consultant to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES assist staff to develop future flood mitigation plans and strategies that will be approved by the City of Boynton Beach, State of Florida, and FEMA. FI: The funding for this agreement is provided by the grant from State of Florida, Division of ISCAL MPACT Emergency Management. The grant provides for a 75% match, the remaining 25% match is comprised of 12.5% in-kind match (staff time) and 12.5% cash match by the City of Boynton Beach. The costs associated with this agreement ($29,750) will be charged to the grant account 105-3279-515-49-17. A: Do not award the agreement and re-advertise RFP or do not do project and cancel grant. LTERNATIVES 107 of 527 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A CONSULTANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CRS MAX CONSULTANTS, INC., IN THE AMOUNT OF $29,750.00 FOR THE PURPOSE OF DEVELOPING A FLOOD MITIGATION PLAN FOR THE CITY OF BOYNTON BEACH; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach received a grant from the State of Florida Division of Emergency Management to assist in developing a Flood Mitigation Plan to be submitted to the State and FEMA for approval; and WHEREAS, as part of developing the Flood Mitigation Plan, Procurement advertised an RFP #078-2411-11/TWH for consultants to provide assistance in the development and submittal of the plan to the State and FEMA; and WHEREAS , on September 21, 2011 Procurement received and opened eight (8) proposals which were evaluated by a team of staff; and WHEREAS, four (4) proposals were determined to be non-responsive and of the four (4) remaining proposals, it was determined that CRS Max Consultants, Inc., was the lowest, most responsive, responsible bidder; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to enter into a Consultant Agreement between the City of Boynton Beach and CRS Max Consulting, Inc., in the amount of $29,750.00 for the purpose of developing a Flood Mitigation Plan for the City of Boynton Beach. 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. 108 of 527 Section 2. The City Commission hereby approves a Consultant Agreement between the City of Boynton Beach and CRS Max Consultants, Inc., in the amount of $29,750.00 for the purpose of developing a Flood Mitigation Plan for the City of Boynton Beach. Section 3. Authorizing the Interim City Manager to execute the Consultant Agreement, a copy of the Agreement is attached hereto as “Exhibit A.” Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of November, 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) 109 of 527 CONSULTANT AGREEMENT FOR “A FLOOD MITIGATION PLAN” THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the _CRS Max Consultants, Inc._________________ City”, and , hereinafter referred to as “the Consultant”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1.CONSULTANT PROJECT DESIGNATION. The Consultant is retained by the City to perform services in connection with the project designated. 2.SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit “A” attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3.TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and ____ provide all work product required pursuant to this agreement by calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4.TERM: This Agreement shall be for a period of three (3) years commencing on the date the Agreement is executed by the City. 5.PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for services $29,750.00 rendered under this agreement as follows not to exceed : a. The total contract price, as referred to herein, shall be the total amount of payment to consultant for services provided under this agreement for the entire term of the Agreement b. Payment for the work provided by Consultant shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Consultant shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or his designee. c. The Consultant may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. d. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The Consultant’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 6.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant’s endeavors. 110 of 527 7.COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8.INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 9.INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except 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. 10.INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 11.COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 111 of 527 14. 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. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Consultant shall be sent to the following address: CRS Max Consultants, Inc. st 3331NW 71 Street Coconut Creek, FL 33073 112 of 527 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Consultant Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary Rev. 1/22/91 113 of 527 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. _______________________________ CONTRACTOR NAME By_____________________________ Title: ___________________________ Date: ___________________________ 114 of 527 EXHIBIT “A” Scope of Services Summary: The consultant with staff assistance will identify and analyze repetitively flooded areas to determine the most critical repetitively flooded properties. These properties will be mapped to develop future mitigation plans and strategies. During this time of gathering data, staff and the consultant will gather community input by neighborhood meetings and field work to supplement existing data. After compiling data, completing the analysis, mapping the properties and developing mitigation strategies, staff and the consultant will prepare an updated plan for adoption by the City of Boynton Beach Commission. The final plan will be a stand alone plan that will be utilized to update the Flood Hazard section of the Palm Beach County Local Mitigation Plan. The update will provide greater focus and foresight in reducing future flood occurrence. The City anticipates that the plan will take approximately 9 months to develop, and contain the elements as detailed in the scope of work. Both public and private resources will be utilized to develop a thorough, useable plan. Building permits records, insurance loss, reports, repeated flooding incidents reports, Public works maintenance records and other records will be available for review to determine those areas most susceptible to flooding. Project Goals: The goals are as follows:  Identify and analyze the 10 year history of floodplain development, growth, programs, projects, studies, and repetitive loss information to include locations, addresses, and damage estimates (structural and property).  Determine cause and potential mitigation.  Create a prioritized list of mitigation strategies for City of Boynton Beach to reduce flooding and target critical areas and repetitive loss structures.  Produce and distribute a document which can be adopted by the City and used to guide future funding and mitigation efforts.  Create a prioritized list of floodplain management activities to improve City of Boynton Beach’s CRS Rating. Scope of Work: The consultant will produce a final report that includes:  Research and describe the extent of flood depth and damage potential.  Maps and descriptions of the existing flood hazard (including identification of the flood risk and a thorough discussion of past floods).  Estimates of the types and number of structures at risk.Creation of a map and discussion of repetitive loss properties and potential mitigation activities for repetitive loss structures.  Discussion about the numbers and types of building at risk.  Description of the impact of the flooding in infrastructure, public health and safety.  Description of the needs and procedure for warning and evacuating residents and 115 of 527 visitors. Identify critical facilities.  Description of the development trends including a discussion of redevelopment in the floodplain, the watershed and natural resources area.  Summarize the impact of flooding on the community and the local economy.  Floodplain management goals for City of Boynton Beach.  Strategy for reducing flood risk.  Strategy for continued compliance with the NFIP regulations.  Description of how the community has coordinated with other agencies and organizations and when their input was requested.  Identification and evaluation of cost effective and technically feasible mitigation actions considered.  Procedures for ensuring implementation.  Procedures for reviewing progress.  Procedures for recommending revisions to the plan. The consultant should insure the plan submitted for approval includes documentation of formal plan adoption by the City of Boynton Beach. The consultant should include a list of potential projects and how the projects will contribute to the overall mitigation strategy. 116 of 527 117 of 527 118 of 527 119 of 527 120 of 527 121 of 527 122 of 527 123 of 527 124 of 527 125 of 527 6. G CONSENT AGENDA November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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 utilizing the State of Florida Contract #680-050- EQUESTED CTION BY ITY OMMISSION 12-1 with Lawmen & Shooters Supply for approximately $43,000 for the following: ammunition, gun parts, and cleaning supplies. ER: XPLANATION OF EQUEST Utilize the State of Florida Contract #680-050-12-1 with Lawmen & Shooters Supply for approximately $43,000 for the following: ammunition, gun parts, and cleaning supplies. This includes not only ammunition officers carry in their duty weapon, but also all training/qualification ammunition (45 caliber, 40 caliber, 223 caliber, and 9mm). The State of Florida competitive procurement procedure meets or exceeds the City's procurement requirements. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES No other city services are affected. FI: ISCAL MPACT The $43,000 will come from FY 2011/12 departmental budget (account 001-2110-521-52-50). A: LTERNATIVES Go out for additional bids. 126 of 527 127 of 527 128 of 527 129 of 527 130 of 527 131 of 527 132 of 527 133 of 527 134 of 527 135 of 527 136 of 527 137 of 527 138 of 527 139 of 527 140 of 527 141 of 527 142 of 527 143 of 527 144 of 527 145 of 527 146 of 527 147 of 527 148 of 527 149 of 527 150 of 527 151 of 527 152 of 527 153 of 527 154 of 527 155 of 527 156 of 527 157 of 527 158 of 527 159 of 527 160 of 527 161 of 527 162 of 527 163 of 527 164 of 527 165 of 527 166 of 527 167 of 527 168 of 527 169 of 527 170 of 527 171 of 527 172 of 527 173 of 527 174 of 527 175 of 527 176 of 527 177 of 527 178 of 527 179 of 527 180 of 527 181 of 527 182 of 527 183 of 527 184 of 527 185 of 527 186 of 527 187 of 527 188 of 527 189 of 527 190 of 527 191 of 527 192 of 527 193 of 527 194 of 527 195 of 527 196 of 527 197 of 527 198 of 527 199 of 527 200 of 527 201 of 527 6. H CONSENT AGENDA November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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 full release of surety for the project known as EQUESTED CTION BY ITY OMMISSION Imagine Charter School, and authorize returning: (1) the $73,681.30 performance bond for the water distribution system and wastewater collection/transmission system and (2) the $111,100.00 performance bond for the wastewater lift station to MG3 Developer Group, LLC. ER: This project involved the construction of new water and sanitary XPLANATION OF EQUEST sewer pipelines and a wastewater lift station to serve Imagine Charter School. All lines have been installed, inspected and have passed inspection. New utilities easements have been dedicated and recorded. The performance bonds in the amounts of $73,681.30 and $111,100.00 should be returned to: Ms. Pamela Butler MG3 Developer Group, LLC 1915 Harrison Street Hollywood, FL 33020 H? None. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None. ISCAL MPACT A: None. LTERNATIVES 202 of 527 203 of 527 204 of 527 205 of 527 206 of 527 207 of 527 208 of 527 209 of 527 210 of 527 211 of 527 212 of 527 213 of 527 214 of 527 215 of 527 216 of 527 217 of 527 6. I CONSENT AGENDA November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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 recommendation to rename Veterans' EQUESTED CTION BY ITY OMMISSION Bicentennial Park to Veterans' Memorial Park. ER: On October 15, 2011, the City Commission approved the XPLANATION OF EQUEST appointment of a review committee to review and recommend the Veterans’ Advisory Commission’s proposal for renaming Veterans’ Bicentennial Park to Veterans’ Memorial Park. The review committee reviewed the proposal and recommend said change to the City Commission. H? City publications will be updated during OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the normal course of business. FI: Cost of signage change is not to exceed $800.00. ISCAL MPACT A: Not accept the recommendation of the review committee. LTERNATIVES 218 of 527 6. J CONSENT AGENDA November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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. R11-127 - Authorize EQUESTED CTION BY ITY OMMISSION Interim City Manager and City Clerk to execute a Confidentiality Agreement and for staff to commence negotiations of a Contract with Aware Digital, Inc. of Hallandale, FL, staff's #1 ranked firm as a result of RFQ 072-2821-11/TWH for "SYSTEM INTEGRATORS FOR SECURITY SYSTEM UPGRADES". ER: The City issued the above RFQ for “System Integrators for Security XPLANATION OF EQUEST System Upgrades” to update and expand existing closed circuit television (CCTV) and access control systems at the East and West Water Treatment plant sites. The RFQ was advertised and submittals were due on August 30, 2011 at 2:30 p.m. Procurement received and opened two (2) proposals. The goal of the RFQ is to find a strategic partner to work with the Utilities Department on these upgrades. Because of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, these sites fall under the jurisdiction of the Department of Homeland Security and are thereby considered sensitive sites. In order to proceed with negotiations, the selected firm will be required to execute a Confidentiality Agreement with the City to obtain the information and technical specifications in order to prepare their price proposal. This is a result of these sites falling under the jurisdiction of the Department of Homeland Security and being considered sensitive sites. The proposals were reviewed by Michael Low, Bevis Pigott, James Sylvain, all members of the Utilities Department, Doug Solomon of the Police Department, and David Moritz of Stanley Consultants. Each reviewer completed a weighting score sheet as provided in the RFQ document. A publicly noticed meeting was held on Thursday, October 20, 2011, for each reviewer to read their scores from their weighting score sheet for the record. 219 of 527 The Finance Department verified the scores and prepared a summary tabulation of the overall scores to arrive at the following ranking: 1) Aware Digital, Inc. 2) Protect Video, Inc. Based on the above ranking, staff is requesting authorization for the Interim City Manager and City Clerk to execute a Confidentiality Agreement and for staff to begin negotiations with Aware Digital, Inc. at this time. Aware Digital, Inc. will need to execute the Confidentiality Agreement with the City to obtain the information and technical specifications in order to prepare their price proposal. Information released to the firm regarding security systems at the East and West Water Treatment Plan is restricted, so no more than one firm will have the documents necessary to prepare a price proposal. As stated in the Confidentiality Agreement all documents must be returned to the City if a Contract cannot be successfully negotiated. If staff cannot successfully negotiate a Contract with Aware Digital, Inc., they will cease negotiations then execute a Confidentiality Agreement and begin negotiations with Protect Video, Inc. Once staff successfully negotiates a Contract, it will be brought back to the City Commission for approval. H? Security systems will be upgraded and OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES expanded for existing closed circuit television (CCTV) and access control systems at the East and West Water Treatment plant sites. FI: None at this time, but this project is identified and budgeted in the Utilities FY ISCAL MPACT 2011-12 Capital Improvement Program. A: Not approve the ranking by staff and direct staff to re-advertise. LTERNATIVES 220 of 527 RESOLUTION NO. R11- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE A CONTRACTOR CONFIDENTIALITY AGREEMENT WITH AWARE DIGITAL, INC., OF HALLANDALE FLORIDA; AUTHORIZING STAFF TO COMMENCE NEGOTIATIONS OF A CONTRACT WITH AWARE DIGITAL, INC., FOR THE “SYSTEM INTEGRATORS FOR SECURITY SYSTEM UPGRADES”; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach issued RFQ #072-2821-11/THW for “SYSTEM INTEGRATORS FOR SECURITY SYSTEM UPGRADES” to update and expand existing closed circuit television (CCTV) and access control systems at the East and West Water Treatment plant sites; and WHEREAS, due to the fact that these sites fall under the jurisdiction of the Department of Homeland Security and are thereby considered sensitive sites the selected firm will be required to execute a Confidentiality Agreement in order to obtain the information and technical specifications to prepare their price proposal and proceed with negotiations; and WHEREAS , Procurement received and opened two (2) proposals which were evaluated by a team of staff; and WHEREAS, staff is requesting authorization for the Interim City Manager and City Clerk to execute a Confidentiality Agreement and for staff to begin negotiations with Aware Digital, Inc., and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the Interim City Manager and City Clerk to execute a Contractor Confidentiality Agreement and to authorize staff to begin contract negotiations with Aware Digital, Inc., for System Integrators for Security System Upgrades. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 221 of 527 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes the Interim City manager and City Clerk to execute a Contractor Confidentiality Agreement with Aware Digital, Inc., a copy of the Contractor Confidentiality Agreement is attached hereto as Exhibit “A”. Section 3. Staff is hereby authorized to begin negotiations with Aware Digital, Inc., for System Integrators for Security System Upgrades. Section 4. This Resolution shall become effective immediately upon passage. 222 of 527 PASSED AND ADOPTED this _____ day of November, 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) 223 of 527 CONTRACTOR CONFIDENTIALITY AGREEMENT THIS CONFIDENTIALITY AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the City”, and AWARE DIGITAL, INC., hereinafter referred to as “the Contractor”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 12. SECURITY SYSTEM UPGRADES. Contractor was approved by the City Commission on November 15, 2011 as one (1) of two (2) most qualified system integrators based on Contractor’s Request for Qualifications from System Integrators for Security System response to the “ Upgrades” and independent scoring by an evaluation committee. 13.REQUEST FOR PRICE PROPOSAL. As an approved Contractor, the City is requesting Request for preparation of a Price Proposal for goods and services as a separate submittal to “ Proposal for Security System Upgrades for the City of Boynton Beach”. Information and technical specifications deemed necessary to prepare a Price Proposal will be distributed by the City. 14.DOCUMENT SECURITY. The Public Heath Security and Bioterrorism Preparedness and Response Act of 2002 restricts the City of Boynton Beach’s release of security information currently in place and specific details planned for the future. a.The City is restricted on how information regarding sensitive facilities and systems information will be released. b.Contractor must enter into this Confidentiality Agreement with the City prior to receiving confidential documents related to this project. c.Contractor agrees to enter into Contract negotiations with City, if invited, after evaluation of Contractor’s Price Proposal submittal. 15.NON PAYMENT FOR RFQ SUBMITTAL. Contractor shall NOT be paid by the City for submitting a Price Proposal in response to this Agreement. a. Contractor, by submission of an RFQ response, acknowledges that in the event of any legal action challenging the award of the RFQ, damages, if any, shall be limited to the actual cost of the preparation of the RFQ. 16.OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials provided by the City or produced by the Contractor in connection with the preparation of a Price Proposal under this Agreement shall be the property of the City whether the project for which NOT they are made is executed or not. The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Contractor’s endeavors. 17.TERMINATION. 224 of 527 a.The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Contractor. b.In the event of the death of a member, partner or officer of the Contractor, or any of its supervisory personnel assigned to the project, the surviving members of the Contractor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Contractor and the City, if the City so chooses. 18.DISPUTES. Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. 19.NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Contractor shall be sent to the following address: Aware Digital, Inc 1835 E Hallandale Beach Blvd No. 479 Hallandale, FL 33009 ATTN: Joshua Charles Mann 20.CONFIDENTIALITY AGREEMENT. This Agreement, together with RFQ #072-2821-11/ documents, attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both City and Contractor. AWARE DIGITAL, INC. agrees that all documents provided by the City as deemed necessary to prepare a Price Proposal for security system upgrades are confidential and shall NOT be distributed, copied, reprinted or duplicated in any form. Initial AWARE DIGITAL, INC. acknowledges that the unauthorized distribution of any RFQ documents for security system upgrades may necessitate remedial action by the City. Initial 225 of 527 AWARE DIGITAL, INC. acknowledges that all equipment/material specifications and other related information provided by the City for the preparation of a price proposal are considered the property of the City and shall be returned to the City as directed. Initial DATED this _____ day of ________________, 20____. CITY OF BOYNTON BEACH _________________________________ ____________________ City Manager Contractor Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary 226 of 527 227 of 527 228 of 527 229 of 527 230 of 527 231 of 527 232 of 527 233 of 527 234 of 527 235 of 527 236 of 527 237 of 527 238 of 527 6. K CONSENT AGENDA November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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 November 1, 2011 The City Commission met on November 1, 2011 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A record of the actions taken by the City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 239 of 527 240 of 527 241 of 527 242 of 527 243 of 527 244 of 527 245 of 527 246 of 527 247 of 527 248 of 527 249 of 527 250 of 527 251 of 527 252 of 527 253 of 527 254 of 527 6. L CONSENT AGENDA November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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. R11-128 - Approve an EQUESTED CTION BY ITY OMMISSION Agreement with a three (3) year service rate guarantee with Solantic Walk-In Urgent Care to provide Physician Services for the City of Boynton Beach and authorize the Interim City Manager to execute the Agreement for the City. ER: The City entered into a Agreement for physician services with XPLANATION OF EQUEST Bethesda Healthcare System that ends December 2, 2011. When Bethesda could no longer continue directly providing physician services under their existing Agreement, they converted our physician services to Solantic Walk-In Urgent Care, who honored the existing pricing between the City and Bethesda. As physician services are not subject to competitive solicitation requirements under Florida Statutes, the Human Resources staff requested Willis of Florida, the City’s Human Resources consultant, to develop an Informal Request for Pricing (IRFP) for a qualified firm or physician to provide physician services, including office space, exam rooms and equipment, for the City of Boynton Beach. The IRFP included a Scope of Services for Firefighters, Police and General Employees. The vendors approached were asked to provide us with a breakdown of their costs for services as outlined in the Scope of Services provided by the City. Attachments Physician Services Cost Comparison Willis Executive Summary 255 of 527 H? The change in contracting directly with OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Solantic Walk-In Urgent Care will be seamless and transparent to the City as they are currently providing our physician services. FI: Solantic Walk-In Urgent Care provided the most competitive pricing, which ISCAL MPACT includes a three-year service rate guarantee. In most instances, the pricing is equal to or lower than our existing pricing. By continuing services through Solantic Urgent Care, we also eliminate the expense of having existing medical records transported to a different facility. These services are included in the FY 2011-12 Budget. A: Select an alternate vendor with one year rates that are higher than our existing LTERNATIVES prices in our most frequently used services, which would adversely affect the budget. 256 of 527 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A THREE (3) YEAR PROVIDER AGREEMENT FOR “PHYSICIAN SERVICES” WITH SOLANTIC WALK-IN URGENT CARE AS THE PROVIDER FOR PHYSICIAN SERVICES FOR ALL NEW EMPLOYEES AND REQUIRED ANNUAL PHYSICALS FOR POLICE OFFICERS AN FIREFIGHTERS; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE PROVIDER AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to enter into a Provider Agreement with Solantic Walk-in Urgent Care, providing for pre-employment examinations, and required annual physicals for police officers and firefighters. 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 the three (3) year Provider Agreement for physician services between the City of Boynton Beach and Solantic Walk-in Urgent Care. Section 3. The Interim City manager is hereby authorized to execute the Provider Agreement with Solantic Walk-In Urgent Care, a copy of which agreement is attached hereto as Exhibit “A”. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of November, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez 257 of 527 _______________________________ Vice Mayor – William Orlove _______________________________ Commissioner – Woodrow L. Hay ________________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: ____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 258 of 527 PROVIDER AGREEMENT FOR “PHYSICIAN SERVICES” WITH SOLANTIC WALK-IN URGENT CARE THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “the City”, and Solantic Walk-In Urgent Care, hereinafter referred to as “the Provider,” in consideration of the mutual benefits, terms, and conditions hereinafter specified effective December 2, 2011. 21. PROJECT DESIGNATION. The Provider is retained by the City to perform Physician Services in connection with the project designated. 22.SCOPE OF SERVICES. Provider agrees to perform the services, identified on Exhibit “A” attached hereto, and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 23.TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Provider to proceed. Provider shall perform all services and provide all work product required pursuant to this agreement. 24.TERM: The term of this Agreement shall commence on December 2, 2011 through September 30, 2014 with two (2) additional one (1) year renewals. 25.PAYMENT. The Provider shall be paid by the City for completed work and for services rendered under this agreement as follows: a.Payment for the work performed by Provider shall be made as outlined on Exhibit “A” attached hereto, on an as needed basis without express written modification of the agreement signed by the City Manager or his designee. b.The Provider may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be reviewed by the City, and upon approval thereof, payment will be made to the Provider in the amount approved. c.Final payment of any balance due the Provider of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d.Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e.The Provider records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of this Agreement. Copies shall be made available upon request. 26.OWNERSHIP AND USE OF DOCUMENTS. All documents, records, and other materials produced by the Provider in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Provider shall be permitted to retain copies, including reproducible copies, of documents, records, and other materials for information, reference and use in connection with Physician’s endeavors. 259 of 527 27.COMPLIANCE WITH LAWS. Provider shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 28.INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Provider’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Provider. 29.INSURANCE. The Provider shall secure and maintain in force throughout the duration of this agreement Malpractice Insurance along with comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2 million aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except 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. 30.INDEPENDENT CONTRACTOR. The Provider and the City agree that the Provider is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Provider nor any employee of Provider shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Provider, or any employee of Provider. 31.COVENANT AGAINST CONTINGENT FEES. The Provider warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Provider to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Provider, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 32.DISCRIMINATION PROHIBITED. The Provider, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 33.ASSIGNMENT. The Provider shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 260 of 527 34.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. 35.TERMINATION. This Agreement may be terminated as follows: c.By either Party for Cause (defined for purposes of this Agreement as an incurred breach of the provisions hereof), if the terminating Party has provided the other Party with written notice of the matter or matters constituting Cause for termination and the Party receiving such notice has not cured such matter or matters within thirty (30) days of receipt. d.In the event of the death of a member, partner or officer of the Physician, or any of its supervisory personnel assigned to the project, the surviving members of the Physician hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 36.DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 37.NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach Attention: Julie Oldbury, Director of Human Resources P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Consultant shall be sent to the following address: Solantic Walk-In Urgent Care 830 N. Congress Avenue Suite 130 Boynton Beach, Florida 33426 261 of 527 38.INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Provider and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both City and Provider. DATED this _____ day of ________________________________________, 20_____. CITY OF BOYNTON BEACH _________________________________ __________________________________ Interim City Manager Solantic Walk-In Urgent Care Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary 262 of 527 “EXHIBIT A” SCOPE OF SERVICES 263 of 527 WILLIS EMPLOYEE BENEFITS 5550 Glades Road, #500 Boca Raton, FL 33431 Website: www.willis.com Executive Summary Purpose: To identify a vendor to provide physician services, including office space, exam rooms and equipment, to the City of Boynton Beach. The City desires to establish a strong, sound and mutually beneficial relationship with a physician or firm. Background: The City of Boynton Beach entered into a contract for physician services with Bethesda Healthcare System that ends December 2, 2011. By way of contract between Bethesda and Solantic , physicians services are being provided to the City by Solantic at the contracted pricing between the City and Bethesda. At the request of the Human Resources staff of the City of Boynton Beach, Willis of Florida developed an Informal Request for Pricing for a qualified firm or physician to provide physician services, including office space, exam rooms and equipment, to the City of Boynton Beach. The IRFP included a Scope of Services for Firefighters, as well as Police and General Employees. The vendors approached were asked to provide us with a breakdown of their costs for services as outlined in the Scope of Services provided by the City. Analysis: The IRFP was distributed by Willis on August 10, 2011. The vendors approached are as follows: Solantic Walk-In Urgent Care, City of Delray Beach CareHere Clinic, MedExpress Urgent Care and U.S. Healthworks. MedExpress Urgent Care did not respond to our Request. City of Delray Beach CareHere Clinic, U.S. Healthworks and Solantic Walk-In Urgent Care all provided pricing for the Scope of Services, which is illustrated on the attached spreadsheet. Solantic Walk-In Urgent Care provided the most competitive pricing, and after Willis negotiated for additional pricing relief from Solantic, they agreed to rates that are, in most instances, equal to or lower than the current pricing, as well as the pricing provided by each responding vendor. In addition, Solantic has agreed to a 3 year rate guarantee, and their clinics are open from 8 a.m. to 8 p.m. seven days a week. Recommendation: After careful review of the criteria provided by the City, and the proposals submitted by the vendors, Solantic Walk-In Urgent Care has provided a proposal that most closely meets or exceeds the requirements outlined in the City’s Scope of Services, and the City has been satisfied with the services provided by Solantic. 264 of 527 265 of 527 7. A BIDS AND PURCHASES OVER $100,000 November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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: Award the Bid for "ANNUAL BID FOR THE PURCHASE EQUESTED CTION BY ITY OMMISSION OF 11R22.5 RECAP/RETREAD TIRES" Bid # 075-1412-11/MFD to : Wingfoot Commercial Tire Systems, LLC. as the primary vendor and to Tiresoles of Broward as the secondary vendor, as both are responsive, responsible bidders who met all specifications. Estimated annual expenditure is $130,000. : N16,2011–N15,2012 CONTRACT PERIODOVEMBER OVEMBER ER: The annual bid # 006-1412-11/MFD, on April 5, 2011, was XPLANATION OF EQUEST originally awarded to Tiresoles of Broward. The City received a letter from Tiresoles on June 22, 2011 stating an increase in price will take effect July 1, 2011. According to the contract, all prices were guaranteed for one (1) year. It was determined to terminate the contract and go out for bid again. This current contract has an escalation clause that reads: The City acknowledges the fluctuating nature of prices for the items specified. Accordingly an escalator/de-escalator clause will be accepted only under the following conditions:  Price increase(s) and price decrease(s) comparable to documented manufacturer’s price changes.  Receipt of proper notification to the Purchasing Department, in writing, 60 days notice, of all items affected by price increases/decreases.  All price increase(s) and decrease(s) are to be approved by the Deputy Director of Financial Services and shall remain in effect for a minimum of one (1) year from the request date or to the end of the contract period, whichever occurs first. Successful bidder shall additionally pass on to the City any decrease(s) in the items cost. 266 of 527  The City may, after review, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel the contract upon giving thirty (30) days notice to the awarded bidder. On September 8, 2011, Procurement Services opened and tabulated three (3) bids for the annual bid for the purchase of 11R22.5 recap/retread tires. All bids were recorded by the City of Boynton Beach Purchasing Division and tabulated by the Warehouse Manager for final review. It was determined to recommend this award to Wingfoot Commercial Tire Systems, LLC as the primary vendor and to Tiresoles of Broward as the secondary vendor. The purpose of the secondary vendor is to utilize in the event the primary vendor is unable to perform its obligations. The bid award is for the period November 16, 2011 – November 15, 2011 with a provision to extend the bid for an additional one-year period. (Primary) (Secondary) Wingfoot Commercial Tire Systems Tiresoles of Broward Recap Tire $149 Recap Tire $180 Refurbish Wheel $29 Refurbish Wheel $20 Valve Stems $3 Valve Stems $3.95 Mount and Dismount $22 Mount and Dismount $20 Total $203 Total $223.95 We are also receiving credit for used big tires. However, we only receive credit for approximately 10% of used big tires which is not enough to offset the price differential. The breakdown is as follows: Wingfoot Commercial Tire Systems 425 65R22.5 Duraseal Goodyear $20.00 385 65R22.5 Goodyear $10.00 315 80R22.5 Goodyear $20.00 Tiresoles of Broward 425 65R22.5 Duraseal Goodyear $50.00 385 65R22.5 Goodyear $40.00 315 80R22.5 Goodyear $40.00 PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase of 11R22.5 Recap/Retread Tires. These supplies will be ordered on an “AS NEEDED BASIS” and stocked within the City’s Warehouse. FI:ACCOUNT NUMBER ESTIMATED ISCAL MPACT WAREHOUSE STOCKANNUAL EXPENDITURE 501-2516-519-52-12 $130,000 267 of 527 A: Obtain quotes on an “as needed” basis which would not be cost effective. LTERNATIVES 268 of 527 The City of Boynton Beach Finance Department WAREHOUSE DIVISION Tim Howard, Deputy Director of Financial Services TO: FROM: Michael Dauta, Warehouse Manager DATE: October 18, 2011 SUBJECT: Recap/Retread Tire Bid # 075-1412-11/MFD I reviewed the tabulation sheet. It is recommended to award Wingfoot Commercial Tire Systems, LLC as a primary vendor and to Tiresoles of Broward as a secondary vendor. The evaluating factors used were A) Tread Depth, B) Ability to Meet Specifications C) Price. Last year’s expenditures were $192,455.00. This year’s expenditures will be an estimated $130,000. Breakdown of Cost of 11R22.5 Recap Tire (Primary) (Secondary) Wingfoot Commercial Tire Systems Tiresoles of Broward Recap Tire $149 Recap Tire $180 Refurbish Wheel $29 Refurbish Wheel $20 Valve Stems $3 Valve Stems $3.95 Mount and Dismount $22 Mount and Dismount $20 Total $203 Total $223.95 Pride Tires was deemed non-responsive because they could not repair cracks and do not offer Goodyear rubber. We are also receiving credit for used big tires. The breakdown is as follows: Wingfoot Commercial Tire Systems 269 of 527 425 65R22.5 Duraseal Goodyear $20.00 385 65R22.5 Goodyear $10.00 315 80R22.5 Goodyear $20.00 Tiresoles of Broward 425 65R22.5 Duraseal Goodyear $50.00 385 65R22.5 Goodyear $40.00 315 80R22.5 Goodyear $40.00 In addition, Wingfoot is offering a 64% discount off list and Tiresoles is offering 60% discount off list for any tires not listed in the bid. CC: Barry Atwood, Director of Finance 270 of 527 271 of 527 272 of 527 273 of 527 7. B BIDS AND PURCHASES OVER $100,000 November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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 utilizing the State of Florida Contract #725-330- EQUESTED CTION BY ITY OMMISSION 05-1 with Verizon Wireless for approximately $105,500 for smart phone service, cell phone service and air cards for wireless data services. ER: The Police Department is requesting use of the State of Florida XPLANATION OF EQUEST Contract #725-330-05-1 with Verizon Wireless for approximately $105,500 for the following services:  Department blackberry/smart phone service $13,000 (10 devices)  Cell phone service for sergeants/lieutenants $14,000 (31 devices)  Cell phone service for parking enforcement/COP/spare hurricane phones $1,000 (42 devices)  Air cards for wireless data services $77,500 (169 devices) The State of Florida competitive procurement procedures meets or exceeds the City's procurement guidelines. For our wireless data services, in addition to outstanding customer service, Verizon Wireless provides unique functionality not found with other vendors. The software that we install on each laptop to connect the air cards allows us to mandate that the user connect through our VPN in order to use the Verizon service. Users are not allowed to use the air card/laptop as their primary internet connection. This allows us to track web usage, prohibit sites that are potentially inappropriate or malicious, and decreased instances of viruses and malware. 274 of 527 H? Both cell phones and air cards are vital to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the operations of the Police Department. Without this ability, the Department would suffer significantly. No other City services are affected. FI: Of the total price, $77,500 will be paid out of the “12.50 account” (Trust Fund ISCAL MPACT account 691-5000-590-01-27). The “12.50 account” is money that comes to the Department via the County as a result of traffic fine disbursement. The money can only be used by the Police Department for purposes of “police automation” in accordance with Florida Statute. Yearly, we receive approximately $95,000 that is placed into this account. The remaining $28,000 will come from the FY 2011/12 departmental budget (General Fund account 001-2110-521-41-15). A: Advertise for sealed bids. LTERNATIVES 275 of 527 276 of 527 277 of 527 278 of 527 279 of 527 280 of 527 281 of 527 282 of 527 283 of 527 284 of 527 285 of 527 286 of 527 287 of 527 288 of 527 289 of 527 290 of 527 291 of 527 292 of 527 293 of 527 294 of 527 295 of 527 296 of 527 297 of 527 298 of 527 299 of 527 300 of 527 301 of 527 302 of 527 303 of 527 304 of 527 305 of 527 306 of 527 307 of 527 308 of 527 309 of 527 310 of 527 311 of 527 312 of 527 313 of 527 314 of 527 315 of 527 316 of 527 317 of 527 318 of 527 319 of 527 320 of 527 321 of 527 322 of 527 323 of 527 324 of 527 325 of 527 326 of 527 327 of 527 328 of 527 329 of 527 330 of 527 331 of 527 332 of 527 333 of 527 334 of 527 335 of 527 336 of 527 337 of 527 338 of 527 339 of 527 340 of 527 341 of 527 342 of 527 343 of 527 344 of 527 345 of 527 346 of 527 347 of 527 348 of 527 349 of 527 350 of 527 351 of 527 352 of 527 353 of 527 354 of 527 355 of 527 356 of 527 357 of 527 358 of 527 359 of 527 360 of 527 361 of 527 362 of 527 363 of 527 364 of 527 365 of 527 366 of 527 367 of 527 368 of 527 369 of 527 370 of 527 371 of 527 372 of 527 373 of 527 374 of 527 375 of 527 376 of 527 377 of 527 378 of 527 379 of 527 380 of 527 381 of 527 382 of 527 383 of 527 384 of 527 385 of 527 386 of 527 387 of 527 388 of 527 389 of 527 390 of 527 391 of 527 392 of 527 393 of 527 394 of 527 395 of 527 396 of 527 397 of 527 398 of 527 399 of 527 400 of 527 401 of 527 402 of 527 403 of 527 404 of 527 405 of 527 406 of 527 407 of 527 408 of 527 409 of 527 410 of 527 411 of 527 412 of 527 9. A PUBLIC HEARING November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 11/15/11 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 conditional use and major site plan modification EQUESTED CTION BY ITY OMMISSION for a drive-through facility at a Publix grocery store on 14.42 acres in the C-3 Community Commercial zoning district. Applicant Jami Passer, E&A Sunshine, LLC. ER: Jennifer Vail with Land Design South is the agent representing XPLANATION OF EQUEST applicant Jami Passer with E & A Sunshine, LLC. They are requesting conditional use and major site plan modification approval for a drive-through facility at the proposed Publix grocery store at the Sunshine Square shopping center. As part of approved redevelopment modifications for Sunshine Square, the former Publix building is to be razed and replaced with a larger Publix store (+14,326 square feet). The proposed drive-through facility is for the Publix pharmacy and would be located on the south façade of the new building. In December 2010 several minor site plan modifications to Sunshine Square were approved by staff, with reallocation of some building square footage and a reduction in overall building area of 8,629 square feet, and the addition of further enhancements to perimeter landscaping, building facades, and traffic circulation. However, the Land Development Regulations require conditional use approval for any type of drive-through facility. Therefore, staff required as a condition of approval for the minor site plan modifications that the proposed drive-through window could only be constructed following Conditional Use approval, as obtained through separate application. Due to the net reduction of overall building square footage at the shopping center associated with the most recently approved redevelopment plan, the shopping center, with the proposed drive-through facility, will generate less traffic than the previous traffic concurrency approval. The Development Application Review Team (DART) has reviewed this request for a conditional use and major site plan modification to allow the proposed Publix pharmacy drive-through facility and recommends approval with no conditions. The Planning and Development Board has also 413 of 527 reviewed this request and forwards it with a recommendation of approval with no conditions. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Approve the request, approve the request with conditions, or deny the request. LTERNATIVES 414 of 527 415 of 527 416 of 527 417 of 527 418 of 527 419 of 527 420 of 527 421 of 527 422 of 527 423 of 527 424 of 527 425 of 527 426 of 527 427 of 527 428 of 527 429 of 527 430 of 527 431 of 527 432 of 527 433 of 527 434 of 527 435 of 527 EXHIBIT “D” CONDITIONS OF APPROVAL Project Name: Publix Pharmacy Drive-Through at Sunshine Square File number: COUS 11-004 / MSPM 11-004 Reference: 2ndreview plans identified as a Conditional Use/Major Site Plan Modification with a October 4, 2011 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None (all previous comments have been addressed). X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS X None ADDITIONAL CITY COMMISSION CONDITIONS To be determined. S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\2011 PUBLIX PHARMACY COUS\COUS 11-004 MSPM 11-004\COA.doc 436 of 527 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Publix Pharmacy Drive-Through Facility at Sunshine Square APPLICANT’S AGENT: Jennifer Vail, Land Design South AGENT’S ADDRESS: 400 Columbia Drive, Suite 110, West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2011 TYPE OF RELIEF SOUGHT: Request conditional use approval for a drive-through pharmacy and a major site plan modification to the south side of the proposed Publix grocery store for the drive-through pharmacy at the Sunshine Square shopping center located at the southwest corner of East Woolbright Road and South Federal Highway within the C-3 Community Commercial zoning district. th LOCATION OF PROPERTY: 501 SE 18 Avenue, Boynton Beach, FL DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ 437 of 527 DATED:__________________________ __________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\2011 PUBLIX PHARMACY COUS\COUS 11-004 MSPM 11-004\DO.doc 438 of 527 9. B PUBLIC HEARING November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 11/15/11 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 a site plan time extension for one year for the EQUESTED CTION BY ITY OMMISSION proposed Timeless Life Care project consisting of an assisted living facility and ancillary retail on 1.21 acres in the MU-L2 Mixed Use Low 2 zoning district. Applicant: Bradley Miller, Miller Land Planning Consultants. ER: Bradley Miller with Miller Land Planning Consultants is the agent XPLANATION OF EQUEST and applicant representing property owner Eastside Lofts Development, LLC. They are requesting a one (1)-year time extension for the Timeless Life Care new site plan (NWSP 10- 004), conditional use (COUS 10-001), and variance (ZNCV 10-005) development orders approved by the City Commission on June 1, 2010. These original approvals are valid for 18 months and therefore are scheduled to expire December 1, 2011. If this request for extensions were approved, the expiration date of these approvals, including concurrency certification, would be extended to December 1, 2012. There have been no previous time extension applications for this project. The Timeless Life Care project was approved for a six (6)-story, 92,897 square foot Assisted Living Facility providing 144 beds within 87 units, with 1,000 square feet of ancillary retail at 623 South Federal Highway. The variance request was for a reduction of two (2) parking spaces. The site plan and conditional use approval are valid for 18 months, in which time the developer is required to secure a building permit for the project. The applicant’s justification for the request indicates additional time is needed due to the difficulty in obtaining financing. Their justification also explains that construction drawings for the project are being prepared for anticipated building permit application submittal in mid-2012. 439 of 527 Staff recommends approval of this first request for a time extension subject to one (1) condition of approval that the original conditions of site plan approval would still apply. The Planning and Development Board has also reviewed this request and forwards it with a recommendation of approval subject to staff’s recommended condition of approval. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Direct economic impact to the City includes the following: The facility will cost ISCAL MPACT about $5 million to build, with approximately $3.5 million in annual operating expenses. The project will employ 56 people in addition to a couple of jobs associated with the small ancillary retail. The total for salaries/wages and fringe benefits is $1,500,000 (the average is about $27,000). Additional jobs will also be created or supported by residents of the proposed facility, who will use in-house services of physical therapists, physicians, psychiatrists and other mental counselors, lab and X-ray technicians, and home health care workers. Although these are not subcontracting relationships, the company will select local providers from whom residents can choose. Total spending by 129 residents (assuming 90% occupancy rate) on medical care as well as other goods and services is difficult to estimate, but is certainly a significant figure. It is also staff’s opinion that an attractive, well landscaped building with well designed public spaces will have a positive impact on the surrounding property values. A: Approve the request, approve the request with conditions, or deny the request. LTERNATIVES 440 of 527 441 of 527 442 of 527 443 of 527 444 of 527 445 of 527 446 of 527 447 of 527 448 of 527 449 of 527 EXHIBIT “D” CONDITIONS OF APPROVAL Project Name: Timeless Life Care File Number: SPTE 11-009 DEPARTMENTS INCLUDREJECT E ENGINEERING DIVISION Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X RECREATION AND PARKS Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The approval of the Site Plan Time Extension is subject to the 17 conditions of approval of the original site plan approval (NWSP 10- 004 / COUS 10-001) and the 2 conditions of approval of the variance X (ZCCV 10-005). 450 of 527 DEPARTMENTS INCLUDREJECT E ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS None X ADDITIONAL CITY COMMISSION CONDITIONS To be determined. MWR/kz S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care\SPTE 11-009\COA.doc 451 of 527 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Timeless Life Care APPLICANT’S AGENT: Bradley Miller, Miller Land Planning Consultants AGENT’S ADDRESS: 1501 Corporate Drive, Suite 240, Boynton Beach, Florida 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2011 TYPE OF RELIEF SOUGHT: Request a one (1)-year site plan time extension for a New Site Plan (NWSP 10- 004), Conditional Use (COUS 10-001), and Variance (ZNCV 10-005) approved on June 1, 2010, thereby extending approvals from December 1, 2011 to December 1, 2012. LOCATION OF PROPERTY: 623 South Federal Highway, Boynton Beach, Florida DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “D” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ DATED:__________________________ __________________________________________ City Clerk 452 of 527 S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care\SPTE 11-009\DO.doc 453 of 527 9. C PUBLIC HEARING November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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 a Master Plan Modification to the Stonehaven EQUESTED CTION BY ITY OMMISSION Master Plan to reduce the rear yard setback from fifteen (15) feet to one (1) foot for Lot 112 in order to accommodate a home addition on an existing 14 foot by 18 foot concrete slab installed at the time the house was originally constructed. Applicant: Stonehaven HOA. ER: XPLANATION OF EQUEST The HOA has received a request from homeowner Voncile Smith to construct a small addition at the rear of her home, on an existing 14 foot by 18 foot concrete patio. Ms. Smith received approval from the HOA Board to construct a bedroom addition on the existing concrete slab. The Master Plan for Stonehaven established rear setbacks for buildings at 15 feet from the property line. The rear of the house is currently at the 15 foot setback and the concrete patio extends another 14 feet, to within one (1) foot of the rear property line. The HOA Board voted to allow the proposed construction for this lot only, preferring to handle future requests on a case-by-case basis, and therefore submitted thisMaster Plan Modification request exclusive to this particular lot. The rear property line of Ms. Smith’s lot (Lot 112) abuts common area/open space approximately 30’ wide and owned by the Homeowners Association. This lot and the others on this cul-de-sac do not share a common rear property line with property owners on the adjacent cul-de-sac.Staff is in agreement with the HOA Board which indicates the request should not adverselyaffect access to the lake, utility easements, or the sightlines of any of her neighbors. The P.U.D. is located on the east side of Knuth Road between Boynton Beach Boulevard and the LWDD L-25 Canal to the south. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT 454 of 527 Approval of the request would allow for a 252 square foot home addition, which should lead to an increase in the property valuation. A: LTERNATIVES Approve the request, approve the request with conditions, or deny the request. 455 of 527 456 of 527 457 of 527 458 of 527 459 of 527 460 of 527 461 of 527 462 of 527 463 of 527 464 of 527 465 of 527 EXHIBIT "E" Conditions of Approval Project name: Stonehaven HOA File number: MPMD 11-001 Reference: Master Plan Amendment for rear setback of Lot 112 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X 466 of 527 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1. Rear lot setback adjustment from 15 feet to 1 foot for Lot 112 only. Future requests will be through separate Master Plan Modification X application. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 2. None. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. S:\Planning\SHARED\WP\PROJECTS\Stonehaven\MPMD 11-001\COA.doc 467 of 527 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Stonehaven HOA (MPMD 11-001) APPLICANT’S AGENT: Ms. Voncile Smith AGENT’S ADDRESS: 1747 Banyan Creek Court, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2011 TYPE OF RELIEF SOUGHT: Request Master Plan Modification to reduce rear setback from 15 feet to 1 foot for Lot 112. LOCATION OF PROPERTY: 1747 Banyan Creek Court, Boynton Beach, FL DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “E” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ DATED:__________________________ __________________________________________ City Clerk S:\Planning\SHARED\WP\PROJECTS\Stonehaven\MPMD 11-001\DO.doc 468 of 527 9. D PUBLIC HEARING November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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 Use to allow a wholesale vehicle dealer (with no EQUESTED CTION BY ITY OMMISSION on-site sales) on Lot 70 of the Quantum Park Planned Industrial Development (PID) district. Applicant: Duke PGC at Quantum 1 9, LLC. ER: XPLANATION OF EQUEST Mr. Scott Backman of Siegel, Lipman, Dunay, Shepard & Miskel, LLP submitted a request for use approval on Lot 70 of the Quantum Park PID. This request was submitted on behalf of the property owner/landlord (Duke Realty) and their prospective tenant (Jasad, Inc.). The proposed use of a wholesale vehicle dealer (with no on-site sales) is intended to only apply to Lot 70. According to the applicant, the sole business operation focuses on purchasing vehicles and storing them within the warehouse until they are transported off premises to be sold wholesale at auto auctions or other similar facilities. Since the original Quantum Park PID Master Plan did not include the above-referenced use, the applicant is now requesting use approval. Based on the applicant’s stated business plan, which includes no on-site sales, it is staff’s opinion that minimal customer traffic would occur at the site and that Duke Realty has initiated proper safeguards within their lease to ensure the proposed tenant would properly operate as a wholesaler and not as a new or used car dealership. There will be no on-site sales of their vehicle inventory as well as no outdoor display of vehicles. The decision to support this request is reinforced due to the limited scope of application (i.e. Lot 70 only), the compliance with the operational performance standards contained within the LDR’s, and the City’s confidence in Duke’s ability to self-police and void any lease agreements found to be in default from the original agreement. 469 of 527 The property is located at 2027 High Ridge Road, on the west side of High Ridge Road, south of Gateway Boulevard and immediately west of Carmax. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Approval allows for the leasing of approximately 11,000 square feet of vacant ISCAL MPACT warehouse space. A: Approve the request, approve the request with conditions or deny the request. LTERNATIVES 470 of 527 471 of 527 472 of 527 473 of 527 474 of 527 475 of 527 476 of 527 477 of 527 478 of 527 479 of 527 480 of 527 481 of 527 482 of 527 483 of 527 484 of 527 485 of 527 486 of 527 EXHIBIT "D" Conditions of Approval Project name: Quantum Park DRI, Lot 70 (Wholesale Vehicle Dealer- with no on-site sales) File number: USAP 12-001 Reference: Quantum Park DRI Use List Revision Request DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X 487 of 527 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1. No on-site sales shall be conducted on-site. X 2. No outside vehicle display shall be conducted on-site. X 3. No vehicle or automobile repair shall be conducted on-site. X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 68-70\USAP 12-001 (Wholesale Motor Vehicle Dealer)\COA.doc 488 of 527 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park DRI, Lot 70 (Wholesale Vehicle Dealer with no- onsite sales) APPLICANT’S AGENT: Mr. Scott Backman with Siegel, Lipman, Dunay, Shepard & Miskel, LLP AGENT’S ADDRESS: 5355 Town Center Road, Suite 801, Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 15, 2011 TYPE OF RELIEF SOUGHT: Request use approval for wholesale vehicle dealership on Lot 70 in the Quantum Park PID. LOCATION OF PROPERTY: Lot 70, Quantum Park PID DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ___X_____ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “E” with notation “Included”. 4. The Applicant’s application for relief is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 hereof. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ____________________________________________________________ DATED:__________________________ __________________________________________ City Clerk 489 of 527 S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 68-70\USAP 12-001 (Wholesale Motor Vehicle Dealer)\DO USAP 12-001.doc 490 of 527 10. A CITY MANAGER’S REPORT November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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 approve property appraisal costs and EQUESTED CTION BY ITY OMMISSION consider timeline for disposition of certain City-owned Real Property. ER: This matter is being presented to the City Commission as XPLANATION OF EQUEST information related to the process for the sale of three distinct City-owned land parcels. The direction to sell these parcels was given to City Staff by the City Commission during the City Commission meeting of October 4, 2011. The Commission authorized City Staff to pursue the sale of the three following land parcels. 1. Gateway and High Ridge parcel - 5.46 acres adjacent to Fire Station #5, st 2. Leisureville parcel - 3.62 acres, SW 1 Avenue, south of Boynton Beach Blvd. 3. Old Fire Station #2 parcel - 0.52 acres 2240 S. Congress,. City Process to Sell Land The City has a defined process to sell land as outlined in Section 2-56(C) of the Municipal Code. This process is as follows: (c) Real property. With regard to the sale of any real estate owned by the city, regardless of the estimated value thereof, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the city commission. After such appraisal shall have been completed and a fair market value determined, the property may be sold: 1. To the owner of adjacent developed property if the city property is to be used by the adjacent property owner as: 491 of 527 A. Buffer; or B. For an extension of the use to which the adjacent property owner is using the adjacent property at the time of sale; or 2. To the highest bidder following a competitive bidding process as established by the city administration. Staff has initiated the appraisal process. Our land consultant under contract (HDR Engineering Inc.) has provided a quote in the amount of $11,500 to conduct the required appraisals. HDR has estimated that the total time to conduct these appraisals is approximately 60 days from the day a Purchase Order is issued. Therefore, it is likely that we will have firm appraisal numbers to establish fair market value(s) of the land within 70 days, or sometime around the middle of January 2012, assuming the holidays do not play a major role in time estimates. Staff believes that it is possible that the land sale processes referenced above can be completed concurrently with preparation of the property appraisals. Under no scenario will the City Commission be requested to sell property without the benefit of knowing the fair market value of the land. Staff will proceed immediately with discussions with adjacent property owners and will also begin preparation of bid documents to sell the land. It is likely that the final disposition of land sale will be completed by February 2012. H? City programs or services can be affected OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES in two ways: 1. Once property is sold, the affected parcel will no longer be available for City purposes. 2. Once proceeds from the sale of the parcels are realized or under contract, funds can be available as a funding source for programs or services in the FY 2012/13 budget. FI: The appraisal process will cost $11,500, but it was not specifically budgeted in ISCAL MPACT FY 2011/12, but staff believes sufficient funds may be available in General Fund account 001- 1211-512-49-17 (City Hall, Other Contractual Services). A: Do not proceed with the appraisal and sale of these parcels of land at this LTERNATIVES time. 492 of 527 493 of 527 494 of 527 495 of 527 496 of 527 13. A LEGAL November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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. 11-030 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Request to consider amendment to City Code regarding temporary banners to allow "feather" banners. TABLED ON 11/1/11 ER: The City Commission previously reviewed this item on July 5th, XPLANATION OF EQUEST and acted to support the modification of the City's sign regulations to allow "feather-style" banners in addition to the static banner that is currently allowed by the LDR for temporary display purposes. The Commission directed staff to return with an ordinance containing the corresponding amendments to accommodate said temporary signs, including provisions or standards that address maximum size and the anticipated locational and quantity issues. Staff is also to prepare to implement administrative processes that resolve the anticipated processing and monitoring challenges. Options for consideration, as well as the background information and analysis on which the proposed amendments are based were provided in the th July 5 agenda item, and that agenda cover sheet has been included as an attachment to this item. The recommendations from that report have been listed below as an introduction to the proposed amendments. The recommendations reviewed and supported by the Commission on th July 5 read as follows: Original Recommendations If the Commission desires to increase the advertising mechanisms and visibility for businesses, while minimizing the overall potential impacts on the streetscape, staff recommends that the sign regulations be amended to consider the following: 1. Provisions for vertically-oriented, pole-mounted, (“feather”) including size and height standards and type of banners allowed and discouraged; 497 of 527 2. Establishment of a density standard to set a limit on the number of banners to be simultaneously displayed (i.e. 1 banner per 300 linear feet of frontage); 3. Optionally, because this provision could represent a net reduction in total banners allowed at any one time (compared to current regulations), the density limit could be written to only apply to those banners placed adjacent to the roadway, and all other banners would either be required to be placed a maximum distance from the roadway or property line and subject to a separate density ratio); 4. Currently prohibited signs and provisions that allow limited sign movement; 5. A minimum of 1 banner would be allowed regardless of linear frontage; 6. The maximum display period remains at 90 days; 7. A sunsetting provision to ensure the impacts are monitored and ordinance extended only if minimal negative effects and net benefit to the area businesses; 8. Impacts on visibility particularly at intersections and driveways, and on views to traffic or pedestrian signage, bus stops, transportation information signage, emergency signage, or to other signage or information that is intended to direct or inform the public; 9. Provisions to accommodate small, uniform “A”-frame signs at shopping centers and restrictions regarding uniform size and design, location, and pedestrian scale and purpose (to be adopted under separate ordinance); 10. Needed amendments to the application fee schedule to account for anticipated increases in processing and monitoring time and costs. Staff also recommended that the proposed changes be in effect for a trial or pilot period during which time staff would evaluate the impacts and benefits from the subject amendments. Staff recommended that the temporary period last for 12 months, and at the end of such period the Commission would review the findings and determine whether the ordinance should sunset or be extended. Proposed Text Amendments Modify Part III. Land Development Regulations, Chapter 1, Article II. Definitions and Chapter 4, Article IV. Sign Regulations, as follows: Terms and definitions - Insert description/definition to allow for a feather banner as a temporary sign in addition to the static banner currently allowed, to include the various typical shapes/styles commonly seen but limited to feather banners – “bow”, “teardrop” and ”flag” (rectangular-shaped). Height/Size standards - Add size standards for feather banners to include a maximum height of 10’ 6”, overall measurement., and a maximum width of 30”. These odd dimensions are based on the various “standard” sizes provided by a sample of manufacturers or suppliers researched by staff, and the differences in width dimensions between the feather or flag banners and teardrop banners. Whereas width dimensions for bow banners can start at 2’, teardrop banners are wider starting at around 34”. Given the varying shapes of feather banners, no maximum area standard is being proposed. Lastly, for consistency, this maximum height standard will also apply to the static banner that is currently allowed by the sign regulations (there is currently no applicable maximum height standard for static banners). Quantity standard – To prevent proliferation of banners along the streetscape, a maximum of 1 feather or static banner per business will be allowed per display period, and at a maximum intensity or quantity of 1 feather or static banner per 300 feet of linear street frontage with a minimum of 1 banner per property on which an approved 498 of 527 business operates. Banners placed on or within 5 feet from the building façade or supporting components will not be subject to the intensity/quantity standard. Location – Similar to current restrictions applicable to static banners, feather banners shall not be placed within the site triangle of driveways or intersections, shall not be attached to landscaping materials, and must be placed behind the shrub row of the landscape buffer. A minimum setback of 10 feet. Not to be placed in parking spaces or drive aisles. Duration – Similar to current regulations for temporary banners, the maximum cumulative display period shall be 90 days per calendar year. Evaluation period – It is difficult to project future permit activity and the overall visual effect of these proposed feather banners. Therefore staff recommends that the proposed changes be in effect for a 12-month trial or pilot period during which time staff would evaluate the impacts and benefits from the subject amendments. At the end of such period the Commission would review the findings and determine if the ordinance should be extended. Purpose – To prevent such signs from being used to solely attract attention without communicating the subject business and/or product, the proposed regulations should prohibit such signs that are blank or that contain no wording, logo or other message associated with a specific store approved to operate on the subject property. Fee requirements – Staff proposes to apply the same zoning permit fee as applicable to static banners. If the process required in conjunction with the processing of feather banners is significantly more staff-intensive than for static banners, staff will propose an amendment to the fee schedule as necessary to reflect the actual processing time experienced with the first several applications. The administrative process will include both automated and manual aspects. A-frame signs - A-frame or “sandwich” signs are use to identify and locate businesses, promote merchandise or services, attract customers, provide direction and information in a pedestrian setting, and can be accomplished without any impact on the streetscape through proper proximity to business entrances, and uniformity in design. Such signs are frequently used by restaurants for displaying daily menu options or values and are being proposed for accommodation by City regulations. One (1) sign shall be allowed per business, and each shall be non-illuminated and constructed of durable materials compatible with the project. The size of each sign shall be of a scale that is consistent with the scale of the adjacent storefront, building, and sidewalk width, and are limited to five (5) square feet. Staff will require uniformity within a plaza or other multi-tenant center through involvement of the leasing agent or property owner, and the use of the respective sign program and minor site plan modification process. Staff proposes to forward these proposed amendments in ordinance form for first reading, to confirm Commission direction, then circulate the item to the Planning & Development Board prior to final reading of the ordinance. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 499 of 527 FI: An increase in demand for zoning permits is anticipated but the magnitude of ISCAL MPACT increase is difficult to estimate. A: Approve code amendments as proposed, modify as desired, or not approve LTERNATIVES amendments to the sign code thereby preventing any additional types of temporary signs within the City. 500 of 527 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS ARTICLE IV “SIGN REQUIREMENTS” BY AMENDING SEC. 4 “STANDARDS” TO ADD A NEW SUBSECTION B. 10 ENTITLED “FEATHER BANNERS” PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , staff is proposing amendment to the Land Development Regulations (LDR) to modify the sign regulations to allow temporary feather banners in commercial areas; and WHEREAS , it is the intent of the City Commission to modify the sign code on a trial one (1) year basis after which time the City Commission will evaluate if the use of temporary feather banner signs provides benefit to the business community in balance with aesthetic considerations which might negatively impact the City. 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. Article IV “Sign Requirements”, Sec. 4 “Standards” to be amended to add a new subsection B. 10 entitled “Feather Banners” as follows: Terms and definitions- A “feather banner” is a style of a temporary lightweight sign comprised of a partial metal or plastic frame, pole, and/or base to which a vinyl, nylon, canvas or polyester fabric sign face is attached. Depending on the shape and type of movement, such signs may also be called a “flutter”, “tear drop”, “flying”, “wing”, “bow”, “blade”, or “rectangular” banner. Height/Size standards - A maximum height of 10’ 6” overall measurement including support portion of sign, and a maximum width of 30”. Materials- The sign face shall be nylon, polyester vinyl or canvas and neither the sign face nor the sign frame shall contain glitter, florescent, metallic, or reflective materials. Number of banners - Along business or shopping center frontage, within 25 feet of the property line: 1 feather banner per business (as evidenced by business tax receipt) per 300 feet (or less) of linear street frontage. A minimum of one banner shall be allowed along the frontage if linear 501 of 527 frontage is less than 300 feet, and banners shall not be placed along a single frontage when the property has multiple frontages. Banners placed on or within 5 feet from the building façade or supporting components: 1 feather banner per business (as evidenced by business tax receipt). Only one banner (i.e. feather or fixed banner as provided for in Sec 3.B.4) shall be permitted and displayed per business at any one time. Location – Feather banners shall not be placed within the site triangle of driveways or intersections, shall not be attached to landscaping materials, and must be placed behind the shrub row of the landscape buffer. The minimum setback shall be 10 feet from the property line, except that the setback may be less than 10 feet if still placed, as described herein, within an existing landscape buffer with a continuous hedge row. Banners shall not be placed in, or otherwise block parking spaces or drive aisles. Banners may not be placed on sidewalks. Duration – The maximum cumulative display period shall be 90 days per calendar year. The duration period shall run for consecutive days. Application- An application shall be required for each banner, shall include a scaled plan or drawing that identifies the location of and setback for the proposed banner, and indicates the length of the property frontage if banner is to be placed less than 25 feet from property frontage. The application shall be signed by the business owner and the property owner. Fee requirements – Permit applications shall be processed following the same process used for processing other zoning permits, with a fee based on reviewer wage and review time. The minimum fee for each application shall be $50. Deposit- $100.00, refundable on or before the expiration of the 90 day permit, provided the applicant surrenders the original permit. Penalties: $50 per day or portion of a day for each banner displayed without a permit or after the expiration of a permit. 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 and shall automatically be deemed repealed at the one year anniversary of second and final reading. FIRST READING this ____ day of ____________, 2011. 502 of 527 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 503 of 527 ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 504 of 527 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: July 5, 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: Request to consider amendment to City Code on EQUESTED CTION BY ITY OMMISSION temporary banners. th ER: This item is in follow-up to the discussion held at the June 7 XPLANATION OF EQUEST Commission meeting. Staff was directed to meet with the two owners of local businesses who where present and addressed the Commission, to determine how other cities regulate banners, and to propose possible amendments for Commission consideration including provisions for a “feather”-style banner. A “feather” banner is construed to be a banner oriented vertically and mounted on one side to a pole enabling it to move, either swivel around the pole, or “wave” freely and rotate, depending on the design and wind strength and direction. The industry has various labels for these types of signs or banners, which should be understood as the magnitude and type of movement is a factor of material and design (or shape and framing). Although some terms are interchangeable and there was not total consistency found throughout various manufacturer or vendor websites, staff understands the different styles to be described as follows:  “Feather” or “bow” banner appear to be general terms for a lightweight, vertically- oriented banner with minimal framing that curves outward at the top to match the curved shape of the fabric (similar to a bow from a bow and arrow);  Vertical flag-style banner is similar to the bow banner but rectangular in shape with a top horizontal bracket and lose bottom to allow moderate free motion and reasonable visibility of the printed information;  “Teardrop” is a feather or bow banner except that the banner is shaped like a teardrop with a taut outside edge to restrict free or waving movement and maximize visibility to the text or message on the banner. Movement is uniform facilitated by the pole base which swivels with the wind direction; and 505 of 527  Feather banner “flag” appears to be very light weight and with minimal framing to allow maximum free movement. May or may not contain text or copy, with an emphasis on the free waving motion rather than visibility of printed information. Staffs presentation of this item will include a slide show of digital images of the banners and other signs described in this report. Current Regulations The current regulations read as follows: 4. Banner. a. New Development. (1) A temporary banner, not to exceed 20 square feet, is allowed for a maximum of one (1) year for a new multi-family residential development or non-residential use. The permit to allow for such banner shall only be issued once a certificate of occupancy has been approved for the project. (2) For multi-family residential developments and projects located in mixed-use zoning districts, an additional banner of equal size and shape may be allowed, provided that both are placed at the main point of vehicular ingress / egress. This placement and symmetry may be repeated at one (1) project entrance per frontage with a maximum number of two banners per entrance and maximum height of 15 feet. b. Existing Development. A temporary banner, not to exceed 20 square feet, is allowed for existing multi-family developments and non-residential uses. This banner is allowed for a maximum of 90 days within a one (1)-year period. c. Landscaping. Banners, if placed within the landscape strips abutting rights of way or perimeter landscape buffers, shall not be attached to any trees or shrubs. In these instances, banners shall be placed behind the shrub line and their location must comply with the cross visibility and safe sight standards of Section 4.A.3 above. d. Miscellaneous. All banners, regardless of location, shall be removed within 12 hours upon the posting of a tropical storm or hurricane watch. Banners may be used in the following types of temporary signage; 1) project development signs; 2) construction sign; 3) special temporary sales event; 4) seasonal sales event sign; and 5) Recreation and Parks Special Event Sign. The provisions of this subsection do not apply to the aforementioned type of temporary signs. See the appropriate subsections of code and their respective regulations for each type of aforementioned sign. The above-described standards and provisions are summarized as follows:  One, 20 square foot banner to be displayed up to one year at a new multi-family development or at any new, non-residential development;  Two, 20 square foot banners to be displayed at one driveway per project frontage for up to one year at a new mixed-use development;  One 20 square foot banner to be displayed for a cumulative maximum period of 90 days for an existing business or development; and 506 of 527  Banners may be displayed either on a building façade or mounted on posts and placed on the subject property, except such placement shall not block views at corners and if placed in the landscape buffers, said banners shall be placed behind the “shrub line” and not be attached to any trees. It should also be explained that current regulations are intended to prevent signs from moving and creating inordinate distractions or a cluttered appearance along a roadway corridor. The sign regulations (Ch. 4, Art. 4, Sec. 3) prohibit any signs that flutter or are animated, as well as specifically prohibit pennants and streamers. Therefore, the sign regulations are interpreted to require banners to be mounted so that they do not wave or move freely in the wind, and therefore preclude the use of a feather banner. Feedback from Two Local Businesses As directed, staff met with the operators of two businesses that brought this issue to the Commission, and who currently operate within the Marathon Music Center located on the west side of N. Congress Avenue in front of the Boynton Mall. Staff informed them of the current regulations and in particular, that banners may be displayed along Congress Avenue as well as mounted to the building façade. Staff also listened to their respective advertising objectives, and ideas for increasing the City’s sign provisions. Both operators have purchased a feather banner. Whereas one operator desires to place the banner along Congress Avenue, the other operator accepts the potential negative visual impacts of that location, and in contrast, prefers to display the banner at the northern property line which is along the mall entrance road. This same operator, after realizing the benefit to business activity from displaying the feather banner, desires to be allowed to display the feather banner year-round. The operator recognizes that too many banners simultaneously displayed would be a detriment to the streetscape, but opines that regulations could prevent that circumstance, as well as ensure equity between different businesses within a multi-tenant center. Comparable Banner Regulations Staff researched other codes to find that several comparable cities in the area allow banners to be temporarily displayed; however, most Cities sampled limit this provision to the grand opening of a business and not a pre-existing business, and three of the seven codes researched allow “feather” banners. This information, in addition to the maximum display period and mounting restrictions, are summarized in the table below: Boca Delray Lantana Lake W. Palm WellingtonJupiter Raton Beach WorthBeach Only until New New New Non-profits New New Allowed? permanent businesses businesses, businesses, businesses businesses sign is holiday community or or special or special installed, or period, or special event, event. event. for special special or end of event. event. business sale. 1 1 3 2 4 per street 1 1 Max. No. frontage 32 sq.ft. 50 sq.ft. 24 sq.ft. 12 sq.ft. 40 sq.ft. 12 sq.ft. 32 sq.ft. Max. Size: 60 days 4 weeks 14 days 15 days 37 days 7 days 14 days Duration: (eligible for 30-day ext.) 507 of 527 No No Yes No No Yes* Yes Feather Banner?: Only Limited to Affixed to Not mounted Mounted Other placed twice / year. light poles, to to 2 posts Reqts. - on bldg, - Not attached to min. 5 ft. structure or or bldg, no utility poles or setback. landscaping. Not to higher landscaping. Min. of 5’ plants. than 15’. setback. Of the cities surveyed, West Palm Beach allows the greatest display period, which totals 67 days (37 days plus a 30-day extension option), and Boca Raton allows 60 days. Other Information and Observations Code History – This section of the Land Development Regulations remained unchanged for many years, and allowed a new business to display a fixed banner for a maximum period of 90 days, and allowed an existing business to display a banner for a maximum of 14 days (essentially allowing for the promotion of one or two sales events per calendar year). In early 2009, the City Commission amended these regulations to allow existing businesses the same 90-day display period as new businesses, and the ordinance adopting these amendments was only in effect for 1 year. As no measureable impacts upon the city were realized during this test period, these standards were re-adopted within the LDR Rewrite in December of 2010; Observation – The current banner provisions for new and existing businesses appears to be under-used. Staff conducted a very simple “windshield” survey of selected corridors with a concentration of commercial businesses to find very few businesses displaying a permitted banner. It is not known whether this circumstance is due to the lack of familiarity with the City’s sign provisions, or if such permitted “static” banners are not as visible and therefore not worth the effort required to obtain the banner and necessary approvals; Observation – In the few areas viewed by staff, more feather banners were observed being displayed than the standard, code-compliant static banners; Observation – Various methods of attracting attention to businesses was observed, and most techniques are contrary to the City’s sign regulations. Two of the most visible methods include window advertising, commercial vehicle signage, and other forms of signage including snipe signs and small “A”-frame signs. Window signage is the most visible form of advertising, and examples include New York Carpet and Tile and Cort Furniture stores. Window signage is allowed by the new LDR; and even encouraged to create the traditional storefront image; however, window signage is limited to either 20% or 3 square feet of the window area, depending on the location of the window in proximity to the business entrance, and is not intended to be large enough to be visible to passing motorists. As for vehicle signage, vehicles were observed being parked intentionally within spaces located nearest to the street. The new LDR also prohibits the parking of such vehicles with visible signage, within 25 feet from the front property line for more than 4 hours within a 24-hour period; and Permit activity – Development Department records indicate that 10 businesses have been issued one or more banner permits during the past 6 months. Alternatives 508 of 527 Option #1: Status quo – The relatively low use of the City’s banner permit option may not justify a change in current regulations, leaving the type of banner and duration of display to a properly mounted static banner and 90 days, respectively. Option #2: Increase display period – This could be done for either a temporary test period similar to Ordinance 09-13 which “sunsetted” after 1 year, or without a sunsetting provision. The display period could be increased to a period desired by the Commission, whether it be for 180 days (the doubling of the current 90-day display provision), or for a greater period. A variation of this could be to maintain the current standard of 90 days, but as a base period that may be extended for additional periods (i.e. 30-day increments with a corresponding fee for each extension). Option #3: Allow feather banners – This scenario would only include a simple code amendment allowing the feather banner in addition to the current static banner, but without any change in the maximum display period. Given the uncertainty of the magnitude of use and visual impacts upon the streetscape, staff would recommend that such an amendment be evaluated for a period of 1 year, as a checkpoint for determining impacts and benefits, and the net value of such provisions. As an option, the adopting ordinance could contain a sunsetting clause so that it naturally expires unless there are no negative findings and extended by separate action by the Commission. However, by introducing signs which are now allowed some movement, caution should be given to the exact wording, the terms and definitions, and prohibitions to maintain the integrity and defensibility of the City’s sign regulations. Option #4: Allow feather banners w/density limit – To address the concern regarding possible proliferation of banners and a degraded streetscape, the City could include in the amendments a density limit so that only a set number of banners are simultaneously allowed on a given property (e.g. based on linear street frontage). This would require the establishment of a rather arbitrary standard such as a maximum of 1 or 2 banners per 300 feet of street frontage. Under this standard, and without a limit on parcels with multiple frontages, the Marathon Music Center would be allowed either 3 or 6 banners at any one time (the northern boundary is approximately 600 feet and the eastern boundary along Congress Avenue is 295 feet). In addition to this center, the frontage dimensions for other properties in the area, along with anticipated banner allowances, are as follows: 4 Business/Property Frontage (ft.) 1 per 300 ft. 2 per 300 ft. 295/600 3 5 Marathon Music Ctr 215 1 1 Brus Room 294 1 1 Toys R Us 170 1 1 Olive Garden 279 1 1 U-Haul 157 1 1 KFC (west store) 1 519 1 1 Dick’s 22 1 1,700 Mall 5/1 10/1 3 4,500 15 30 Sports Auth./B&N 1 - . Old Boynton Road frontage only 2 – If the Mall is construed to be a single property/owner, then only one (1) may be allowed per frontage. 3 - Includes 3 frontages. 1 frontage is appx. 1,500 ft. or 5 banners. 4 - 1 per property minimum regardless of dimension of frontage; 1 per single occupant parcels; not to exceed 1 / 300 ft. for multiple tenant properties. Shall not exceed the total business on the property. 509 of 527 Of course this option operates on the principle of first-come, first-served. It would also include a provision that allows 1 banner per single-occupant properties, regardless of linear frontage. Other notable aspects of this option include the increase in the complexity of the City’s monitoring process, the increased competition for banner permits during holiday or other commonly recognized days of the year, a positive impact on permit revenues, and the increased obligation to conduct site inspections. The owner of the Marathon Music Store recommended that the duration for displaying banners be unrestricted, and that the issue of equity be handled through a rotational provision in the regulations. Meaning, if the maximum banners are permitted, the next banner permit application filed with the City is placed in a queue in the order of it being received, which would then “bump” the displayed banner that has been displayed the longest. The banner that is bumped can then be the subject of a new application and be placed in the queuing sequence (and so on). This option would represent a further intensification of the City’s administrative and enforcement processes, and possibly result in the permanent display at the streetscape of waving banners of various colors and shapes. Recommendation If the Commission desires to increase the advertising mechanisms and visibility for businesses, while minimizing the overall potential impacts on the streetscape and to staff recommends that the sign regulations be amended to consider the following: 11. Provisions for vertically-oriented, pole-mounted, (“feather”) including size and height standards and type of banners allowed and discouraged; 12. Establishment of a density standard to set a limit on the number of banners to be simultaneously displayed (i.e. 1 banner per 300 linear feet of frontage); Optionally, because this provision could represent a net reduction in total 13. banners allowed at any one time (compared to current regulations), the density limit could be written to only apply to those banners placed adjacent to the roadway, and all other banners would either be required to be placed a maximum distance from the roadway or property line and subject to a separate density ratio) ; 14. Currently prohibited signs and provisions that allow limited sign movement; 15. A minimum of 1 banner would be allowed regardless of linear frontage; 16. The maximum display period remains at 90 days; 17. A sunsetting provision to ensure the impacts are monitored and ordinance extended only if minimal negative effects and net benefit to the area businesses; 18. Impacts on visibility particularly at intersections and driveways, and on views to traffic or pedestrian signage, bus stops, transportation information signage, emergency signage, or to other signage or information that is intended to direct or inform the public; 19. Provisions to accommodate small, uniform “A”-frame signs at shopping centers and restrictions regarding uniform size and design, location, and pedestrian scale and purpose; 20. Needed amendments to the application fee schedule to account for anticipated increases in processing and monitoring time and costs. As indicated above, staff would evaluate the impacts and benefits from the subject amendments over the first 12 months, and advise the Commission as to whether the ordinance should sunset or be extended. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 510 of 527 FI: The magnitude of increase in temporary banner permit revenues is difficult to ISCAL MPACT estimate, and would vary depending on the ultimate action taken. A: As described in the above staff analysis. LTERNATIVES 511 of 527 13. B LEGAL November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: NOVEMBER 15, 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- 031 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Providing for a temporary, 2-year suspension of the application or enforcement of provisions of Chapter 1, Article V, .Section 2: Workforce Housing Program. Applicant: City-initiated. ER: The Workforce Housing Program (WHP) was adopted on April 3, XPLANATION OF EQUEST 2007. The purpose of the Program was to implement recommendations of the 2006 Boynton Beach Housing Needs Assessment Study, which found that the need to address the workforce housing shortage had become urgent. The WHP requires developers of projects with a residential component to set aside a certain percentage of units for low – and moderate- income households. Housing needs of very low-income households are not addressed. When the WHP was adopted, the residential real estate market in Palm Beach County had already been in a downturn for over two years, with prices steadily falling after their peak in November 2005. Since then, the housing market slump deepened considerably, with median sales price of all units down over 50% (the August 2011 median housing sales price in the City was $125,000). Development activity dropped sharply, and in effect, no project has been subject to the Program’s provisions. For sale housing . Even though a sharp decline of home prices in the City combined with very low mortgage rates dramatically improved affordability for home buyers, rigid underwriting standards currently embraced by the banking industry, including high down payments and near-perfect credit scores (in addition to appraisal-related issues) make it very difficult for many households to qualify for a loan. Please note that the majority of these issues cannot be addressed by the Workforce Housing Program. 512 of 527 Rental housing . The WHP requires monthly rents for rental units not to exceed the HUD- determined Fair Market Rents (FMR) for Palm Beach County (FMR is a concept used in a number of government housing assistance programs). At present, the rental housing market in the City offers reasonably priced units for low-to moderate-income households. According to the 2011 third quarter data provided by the Reinhold P. Woolf Economic Research, Inc., average monthly rents for one-, two- and three-bedroom apartments are either equal or lower than the county FMR. Moreover, the Boynton Beach area market has, at 7.6%, the highest vacancy rate in the county. Finally, Woolf’s data indicates that lower-income affordable tax credit developments countywide had a vacancy rate of 7.9%, considerably higher than 6.1% vacancy rate found in market rate developments (August 2011). Temporary suspension of the WHP . Under the current market conditions the Program’s requirements may inhibit development and redevelopment activities, which is of a particular concern in the downtown and surrounding areas. The goal of the proposed suspension of the WHP is to offer interim relief to stimulate development and is therefore consistent with the Economic Development Implementation Initiative 15 a.The suspension, if approved, should be reviewed at the time of its expiration for a possible extension. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The fiscal impact of this action is potentially positive if new properties are ISCAL MPACT placed on the tax roll. It also depends on the residential-to commercial ratio for new development. A: Deny the proposed suspension of the Workforce Housing Program. LTERNATIVES 513 of 527 ORDINANCE NO. 11- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, ARTICLE V, SECTION 2, “WORKFORCE HOUSING PROGRAM”, CREATING SUB- SECTION I, “SUSPENSION OF PROGRAM” SUSPENDING APPLICATION OR ENFORCEMENT OF THE WORKFORCE HOUSING PROGRAM FOR A PERIOD OF TWO YEARS; PROVIDING FOR AUTOMATIC REIMPLEMENTATION OF APPLICATION AND ENFORCEMENT UPON THE EXPIRATION OF THE STATED TIME PERIOD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS , the Workforce Housing Program was adopted by the City Commission on April 3, 2007; and WHEREAS, staff believes that suspension of the application and enforcement of the Workforce Housing Program will offer interim relief to stimulate development and is therefore consistent with the Economic Development Implementation Initiative 15a.; and WHEREAS, the City Commission has considered the recommendations and has determined and finds that it is in the best interest of the citizens and residents of the City of Boynton Beach, Florida to suspend the application and enforcement of the Workforce Housing Program for a period of two years. 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. The Land Development Regulations of the City of Boynton Beach Code of Ordinances, Chapter 1, Article V, Section 2, “Workforce Housing Program” is hereby amended by adding sub-section I, “Suspension of Program” as follows: I. Suspension of Program. Commencing December 15, 2011 and ending December 14, 2013 application of the Workforce Housing Program is suspended and parties to whom it may apply are relieved of any compliance requirements. The Workforce Housing Program will automatically be re-implemented upon expiration of the suspension of the application and enforcement of the Program. 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. 514 of 527 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. 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) 515 of 527 13. C LEGAL November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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: Request for closed door session to be held at 6:00 p.m. on EQUESTED CTION BY ITY OMMISSION Tuesday, December 6, 2011 regarding CLEAR CHANNEL OUTDOOR, INC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502011CA014815XXXXMB(AJ). ER: Pursuant to Florida Statutes 286.011(8), a request is being made XPLANATION OF EQUEST of the City Commission to meet in private at 6:00 p.m. on Tuesday, December 6, 2011 to discuss pending litigation as noted above. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The cost of a court reporter to transcribe the thirty minute session. ISCAL MPACT A: Decline the request to meet in a closed door session to discuss litigation. LTERNATIVES 516 of 527 517 of 527 13. D LEGAL November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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. R11-129 - Approve the EQUESTED CTION BY ITY OMMISSION issuance of a “Notice of Intent”, in preparation for a code review of Land Development Regulations involving land use/rezoning and related development applications as directed in the Economic Development Implementation Initiatives adopted by City Commission at the October 18, 2011 meeting. ER: Motivated by the recent action of City Commission in adopting the XPLANATION OF EQUEST Economic Development Program and Economic Development Initiatives, approval of the attached resolution enacting a moratorium period of 180 days, will allow staff to undertake a study of which uses contribute little or no dollars to the tax base of the City. Included in the analysis will be uses, locations, conversion of land to non-commercial or industrial use and a review of zoning opportunities and appropriateness for maximizing consistency within zoning districts. The moratorium is in effect for 180 days and may be extended by the City Commission if additional time is needed to complete this project and adopt corresponding regulations. This process would commence with the approval of the resolution and would be followed by the th posting of public notices and a public hearing scheduled for December 6 to obtain public input. Following the public hearing, the Commission by majority vote shall either approve or disapprove the moratorium and planning study with is the subject matter of the NOI. This action is initiated from Implementation Items 10, 11, 12 and 13 of the adopted Economic Development Initiatives. H? This moratorium will facilitate the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES development and consideration of revised Land Development Regulations, a Comprehensive 518 of 527 Plan and Economic Development Program policy to guide the review and actions involving land use amendments/rezonings, and other development applications. FI: N/A ISCAL MPACT A: Not approve subject resolution and allow applications to be filed while the code LTERNATIVES is evaluated for necessary changes. 519 of 527 RESOLUTION NO. R11- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ISSUANCE OF A “NOTICE OF INTENT” TO COMMENCEA TEMPORARY MORATORIUM FOR ONE HUNDRED EIGHTY (180) DAYS ALLOWING STAFF TO IMPLEMENT AN ECONOMIC DEVELOPMENT PROGRAM INCLUDING THE STUDY OF THE EFFECT OF TAX EXEMPT NOT-FOR-PROFIT ENTITIES WHICH LOCATE IN THE C-3, C-4, M-1, PID AND MIXED USE ZONING DISTRICTS AND TO REVIEW AND REVISE ZONING REGULATIONS RELATED TO TAX EXEMPT NOT-FOR-PROFIT USE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance 00-53 authorizes temporary moratoriums to allow the City staff and City consultants to study the need for modifications to City development regulations in response to trends on development or redevelopment in the City; and WHEREAS, the United States Supreme Court in its 2002 opinion in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency recognized that the moratoria, or "interim development controls" as they are often called, are an essential tool of successful development; and WHEREAS, the Commission deems it timely and in the best interest of the City and its residents to undertake review and revision of the zoning regulations as they relate to the location, use and operation of tax exempt not-for-profit organizations; and WHEREAS , the Commission has authority to initiate the review process by resolution and issuance of a Notice of Intent; and WHEREAS, the Notice of Intent attached to this Resolution as Exhibit “A” represents a formal announcement of said planning activities, and the period during which time all applications related to the operation of tax exempt not-for-profit organizations; and WHEREAS , this Notice of Intent will be in effect from the date of adoption and thereafter for a period of 180 days following the date of adoption unless otherwise extended by the City Commission by subsequent Resolution following public hearing; and WHEREAS , the Commission intends that this Resolution constitute zoning in progress and the 520 of 527 commencement of a temporary moratorium as a means of temporarily suspending the conversion of commercial or industrial lands, and the location, re-location or expansion of tax exempt not-for-profit organizations in C-3, C-4, M-1, PID and Mixed Use zoning districts during the one hundred eighty (180) day study period herein described; and WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of the Florida Statutes, the City of Boynton Beach is authorized and required to protect the public health, safety and welfare of its citizens and has the power and authority to enact regulations for valid governmental purposes that are not inconsistent with general or special law; and WHEREAS, thepublic health, safety and welfare is a legitimate public purpose recognized by the courts of Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby issue the Notice of Intent attached hereto as Exhibit “A”. Section 2. That this Resolution shall become effective in all C-3, C-4, M-1, PID and Mixed Use zoning districts city-wide immediately upon passage. Section 3. The Notice of Intent shall be posted and copies provided as required by Ordinance 000-053. Section 4. No application for a development activity, permit, or Business Tax Receipt, that is defined within the scope of the study shall be accepted or processed by the City, following the date of adoption of this Resolution during the study period. Section 5. The City Commission requests that the City Administration address in its study the following issues: 1. Whether churches, being a type of tax exempt not-for-profit organization, should be provided special treatment or consideration under the City’s zoning regulations in light of limitations arising from State or Federal law or regulation protecting religious freedom including but not limited to application, if any, of the Religious Land Use and Institutionalized Persons Act. 521 of 527 2. Whether land use regulation regarding tax exempt not-for-profit organizations would impose a substantial burden on religious exercise. 3. Studies performed by other municipalities which address the restriction of tax exempt not- for-profit uses in commercial zoning districts. 4. The nexus between restrictions on tax exempt not-for-profit organizations and commercial property values and in turn the effect on ad valorem tax revenue. PASSED AND ADOPTED this ____ day of November, 2011. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jose Rodriguez ______________________________ Vice Mayor – William Orlove ______________________________ Commissioner – Woodrow L. Hay _______________________________ Commissioner – Steven Holzman _______________________________ ATTEST: Commissioner – Marlene Ross _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 522 of 527 NOTICE OF INTENT TO ADOPT PENDING AMENDMENTS TO LAND DEVELOPMENT REGULATIONS NOI #2011-01 STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this Notice of Intent is to declare, in anticipation of amendments to the Comprehensive Plan, the Official Zoning Map and the Land Development Regulations, a study period to implement initiatives of the City’s Economic Development Program that include: A. The evaluation of the Official zoning Map and Use Regulations for maximized economic value of development including the evaluation of existing zoning provisions, fiscal impact, and locational options for tax-exempt not-for-profit entities, the evaluation of sites for potential commercial or industrial conversions (i.e. rezonings); and the evaluation of the C-3, C-4 and M-1 Zoning Districts for increased commercial and industrial use location options. B. Evaluate the lists of approved uses for Planned Industrial Districts (PIDs) to consider an administrative process for amending or interpreting uses; the extent of land use compatibility; and provisions for tax-exempt uses; C. The development and consideration of Comprehensive Plan and Economic Development Program policies that guide the review and actions involving land use amendments/rezoning, and other development applications. AFFECTED AREA All properties currently zoned C3, C4, M1, PID, and mixed use in the City of Boynton Beach. GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) A.The addition or deletion of permitted, conditional or prohibited uses within C3, C4, M1, PID or mixed use zoning districts; B.The addition of development standards to ensure compatibility between commercial, industrial and institutional uses, and residential and mixed uses; and C.Adoption of application processes or operational policies or review criteria applicable to the review of development applications intended to maximize contribution to the City’s fiscal or economic growth. 523 of 527 AFFECT ON DEVELOPMENT IF REGULATION ADOPTED There are no specific regulations that have been identified for amendment. The study is intended to identify regulations that, if amended, would enhance economic development without having a detrimental effect on tax exempt not-for-profit entities that are located in or wish to locate to the City. EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE SUBJECT OF THE STUDY AND MAY BE AMENDED Land Development Regulations Chapter 2. Land Development Process, and Chapter 3. Zoning. PROJECTED TIME FRAME FOR STUDY One Hundred and Eighty (180) days from the date of approval of this Notice by the City Commission. The planning study including formulation of recommendations is estimated to take 6 months. If additional time is required to complete the study due to the scope or magnitude of the regulatory changes, a request for extension may be requested by the Development Department. The City Commission, following public hearing on the request for extension may extend this Notice of Intent for an additional period of time as specified by the City Commission at the time of extension. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT Effective on adoption of this Notice, all the following applications shall be abated within C3, C4, M1, PID and mixed use zoning districts during the study period: A.All new applications for the conversion (zoning) of commercial or industrial land to a non- commercial or non-industrial zoning district; B.All new applications for amending a master plan to reduce the approved square footage allocated to office, commercial or industrial uses or use options; C.All new conditional use applications for tax exempt not-for-profit entities; and D.All new applications for building permits involving a tax exempt not-for-profit entities that represents a change in building occupancy. This Notice of Intent shall only apply to said complete applications accepted by the City after the Notice of Intent is executed. ADDITIONAL NOTICE 1. The Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. 2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce. 3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electronic mail or in person. Comments including written objections to the Notice of Intent, shall be accepted by the Development Department Director from recipients of this notice. 524 of 527 Neither failure by the City Clerk to provide notice as set forth in this section nor the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. _____________________________________________________________________________ Dated: Adopted by Resolution number R11- of the City Commission of the City of Boynton Beach, Florida the _____ day of________, 2011 By: _______________________ Office of the City Clerk 525 of 527 14. A FUTURE AGENDA ITEMS November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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 three (3) alternate proposals for leasing, EQUESTED CTION BY ITY OMMISSION construction and maintenance of a billboard on property owned by the City - 12/06/11 ER: Pursuant to the Settlement Agreement dated October 5, 2001, XPLANATION OF EQUEST Wilton Manors Street Systems, Inc. will be presenting three (3) alternate proposals to the City in regards to the leasing, construction and maintenance of a billboard they want to erect on the th City owned property known as Rolling Green located at 515 NW 15 Ave., Boynton Beach, FL. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 526 of 527 14. B FUTURE AGENDA ITEMS November 15, 2011 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: November 15, 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: Revisions to restrictions for vehicle size in residential EQUESTED CTION BY ITY OMMISSION districts - TBD 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 527 of 527