Agenda 02-05-13 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, FEBRUARY 5, 2013
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Woodrow L. Hay
Mayor – At Large
Mack McCray
Vice Mayor – District II
Gerald “Jerry” Taylor
Commissioner – District I
Steven Holzman
Commissioner – District III
Wayne Segal
Commissioner – District IV
Lori LaVerriere
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
Visit our Web site
www.boynton–beach.org
Breeze into Boynton Beach –
America’s Gateway to the Gulfstream
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).
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1. OPENINGS
A. Call to order - Mayor Woodrow L. Hay
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Segal
D. Brand Promise Statement
E. 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. Announce 2013 Candidate Forum for the March 12, 2013 Municipal Election to
be held on Thursday, February 21, 2013 - Organized by the Greater Boynton
Beach Chamber of Commerce
B. Proclaim March 22, 2013 as All People's Day. Ms. Susan Berkowitz-Schwartz
will be accepting the proclamation.
C. Announce the Ocean Avenue Concert for Friday, February 15, 2013
D. Announce the Movies on the Ave film for March 1, 2013
E. Announce Sunday in the Park, Sunday, March 3, 2013
F. Announce the International Kinetic Art Exhibit and Symposium being held
February 8 - 10, 2013 in the Boynton Beach Downtown Civic-Cultural District
G. Announce the Great Barrier-Free 5K Run this Saturday, February 9, 2013 at
7:30 a.m. at Congress Ave. Barrier Free Park
H. Hear update from Christ Fellowship Church
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS
(at the discretion of the Chair, this 3 minute allowance may need to be
adjusted depending on the level of business coming before the City
Commission)
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5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards. The following openings exist:
Arts Commission: 2 alternates
Building Board of Adjustment and Appeals: 3 regulars and 2 alternates
Cemetery Board: 1 regular and 1 alternate
Code Compliance Board: 1 regular and 2 alternates
Community Relations Board: 1 regular and 2 alternates
Education & Youth Advisory Board: 2 alternates
Financial Advisory Committee: 3 regulars and 2 alternates
Golf Course Advisory Committee: 1 regular
Library Board: 1 alternate
Planning & Development Board: 1 alternate
Recreation and Parks Board: 2 alternates
Senior Advisory Board: 3 regulars and 1 alternate
Veterans Commission: 2 alternates
6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the
City Manager for "Consent Agenda" approval of the action indicated in each
item, with all of the accompanying material to become a part of the Public
Record and subject to staff comments
A. Approve the request from Oceanside Beach Service, Inc. to waive lease
payments for October, November and December 2012, and reduce the January
2013 payment by 50%.
PROPOSED RESOLUTION NO. R13-006
B. - Approve and authorize execution
of Disaster Relief Funding Agreement for Federal and State assistance for
Hurricane Isaac between the City of Boynton Beach and State of Florida,
Division of Emergency Management
PROPOSED RESOLUTION NO. R13-007
C. - Approve a Consultant Agreement
between Management Learning Laboratories of Winston-Salem, NC and the
City of Boynton Beach for "A Needs Assessment Study for the Recreation and
Parks Department"; RFP No. 016-2710-13/JMA for an amount not to exceed
$19,500.
D. Accept the FY 2012 -13 Budget Status Report of the General Fund & Utility
Fund for the three (3) month period ended December 31, 2012.
PROPOSED RESOLUTION NO. R13-008
E. - Approve and authorize execution
of the Palm Beach County Law Enforcement Agencies Combined Operational
Assistance and Voluntary Cooperation (Mutual Aid) Agreement.
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F. Approve a one year renewal of the “piggyback” of the City of Pompano Beach
Bid H-12-11 awarded to Nalco Company (Nalco) with the same terms,
conditions, specifications and pricing. The renewal term is from March 9, 2013
to March 8, 2014. This contract will be used to purchase anti-scalant (PC-
1850T) for the removal of solids at the West Water Treatment Plant (WWTP)
on an "AS NEEDED BASIS". The annual expenditure is estimated at $50,000.
PROPOSED RESOLUTION NO. R13-009
G. - Approve the Interlocal Agreement
between Palm Beach County and the City of Boynton Beach in order to correct
the previous agreement's language inconsistencies and to maintain our existing
Internet connectivity.
PROPOSED RESOLUTION NO. R13-010
H. - Approve establishing guidelines for
a Short Sale Policy for the City's First Time Homebuyer Assistance Program.
PROPOSED RESOLUTION NO. R13-011
I. - Accept the offer of $4,000 as
settlement of the City's 2nd Mortgage that exists on this property as a result of
the proposed short sale for Shannon Skiba of 293 Meadows Drive, Boynton
Beach, Florida, 33426, in the amount of $72,000 as outlined in the short sale
approval letter from Select Portfolio Servicing, Inc. (SPS), the 1st Mortgage
Holder.
J. Approve the appointment of Carisse LeJeune to the position of Assistant City
Manager effective February 5, 2013.
K. Approve the reclassification of the Assistant to the City Manager to a
Communications Manager.
PROPOSED RESOLUTION NO. R13-012
L. - Authorize the execution of the
Agreements for Purchase and Sale of Real Property for the acquisition by the
City of 118-120 and 124-126 NW 10th Avenue
PROPOSED RESOLUTION NO. R13-013
M. - Approve an agreement with
ADAAG Consulting Services, LLC of Miami, FL for "ADA CONSULTANT
SERVICES" in the amount of $51,620 as a result of RFQ #074-2510-12/JMA.
In addition, staff is requesting a 10% contingency amount of $5,162 for
unforeseen items in connection with this agreement as subsequent support
with ADA compliance regulations for a total expenditure not to exceed $56,782.
N. Accept the resignation of Marianne Lentini-Bernaducci, a regular member of
the Recreation and Parks Board
O. Approve the minutes from the Regular City Commission meeting held on
January 15, 2013
P. Accept the resignation of John Sparrell, a regular member of the Financial
Advisory Committee
Q. Accept the resignation of Mark Karageorge, an alternate member of the Special
Events Ad Hoc Committee
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7. BIDS AND PURCHASES OVER $100,000
A. Approve a one year extension for the "ANNUAL SUPPLY OF SODIUM
HYDROXIDE (LIQUID CAUSTIC SODA", Bid No. 026-2821-12/JMA with
Brenntag Mid-South Inc. of Orlando, FL. Estimated annual expenditure is
$130,000 and the product will be ordered on an "As Needed" basis. This is the
first of two (2) one-year extensions as provided in the bid documents. The bid
extension is from March 2, 2013 to March 1, 2014
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
9. PUBLIC HEARING
None
10. CITY MANAGER’S REPORT
A. Hear presentation from Police Department on Citywide Crime Statistics
11. UNFINISHED BUSINESS
A. Authorize the Mayor and City Attorney to negotiate an employment contract
with City Manager Lori LaVerriere
B. Review follow-up actions addressing traffic conditions along Old Dixie Highway
and provide direction to staff regarding any future traffic mitigation measures
desired.
PROPOSED RESOLUTION NO. R13-014
C. - Review and approval of
Development Agreement for Old High School Project.
12. NEW BUSINESS
None
13. LEGAL
PROPOSED ORDINANCE NO. 13-001 - SECOND READING - PUBLIC
A.
HEARING
- Approve the historic designation application for the Boynton High
School located at 125 East Ocean Avenue, Boynton Beach.
PROPOSED ORDINANCE NO. 13-002 - SECOND READING - PUBLIC
B.
HEARING
- Amending Sections 17 and 139 of the Charter consistent with
Commission direction
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PROPOSED ORDINANCE NO. 13-003 - FIRST READING
C. - Appointing CRA
Board Member to replace James Buchanan whose term has expired.
14. FUTURE AGENDA ITEMS
A. Announcement of the 2013 South Florida Police K9 Competition to be held on
Saturday, March 2, 2013 at the Boynton Beach High School from 10:00 a.m. -
6:00 p.m. Admission is Free to the Public. No pets allowed.
B. Utilities CIP update on current projects - 02/19/13
C. Schedule Closed Door Session to discuss pension as it relates to collective
bargaining - TBD
D. Proclaim March 2013 as Myeoloma Month - 03/05/13
15. BRAND PROMISE STATEMENT
"BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE
GULFSTREAM"
16. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR
SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.
286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN
INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A
SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE
(561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE
CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE
CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
February 5, 2013
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RACC:
Announce 2013 Candidate Forum for the March
EQUESTED CTION BY ITY OMMISSION
12, 2013 Municipal Election to be held on Thursday, February 21, 2013 - Organized by the
Greater Boynton Beach Chamber of Commerce
ER:
The Greater Boynton Beach Chamber of Commerce is
XPLANATION OF EQUEST
hosting a Candidate Forum at Bethesda Health – Clayton Conference Center on
Thursday, February 21, 2013 from 7 pm to 9 pm. The public is invited and encouraged
to attend to meet the many candidates that are running for office. There will also be
four charter amendments on the ballot for the March 12, 2013 election. This is a VERY
important election for Boynton Beach and everyone is encouraged to get out and vote.
Refreshments will be served. The event is free to the public.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Proclaim March 22, 2013 as All People's Day.
EQUESTED CTION BY ITY OMMISSION
Ms. Susan Berkowitz-Schwartz will be accepting the proclamation.
ER:
In 1973 Susan Berkowitz-Schwartz MPS, ATR-BC
XPLANATION OF EQUEST
established All People’s Day a multicultural and issue based program that helps
children, adults, and seniors see and embrace the beauty of their diversity through the
arts and bring about awareness of the unique attributes in others leading to mutual
acceptance.
H?
It will urge all citizens to appreciate
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the universal qualities at our core and the differences that help make us individuals.
FI:
N/A
ISCAL MPACT
A:
Not to allow proclamation.
LTERNATIVES
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P R O C L A M A T I O N
th
WHEREAS,
2013 is the 40 Anniversary of All People’s Day, and
WHEREAS
, in 1973 Susan Berkowitz-Schwartz MPS, ATR-BC, established All People’s
Day®, a multicultural and issue based program which recently became a 501c3 nonprofit public
charity that helps children, adults, and seniors see and embrace the beauty of their diversity
through the arts and bring about awareness of the unique attributes in others leading to mutual
respect; and;
WHEREAS,
the theme of All People’s Day® is “Discovering our Connections” because
throughout the world, and even in our own nation and schools, there have been tragic incidents
against people who are different. All People’s Day® addresses this by giving people of all ages
and walks of life fun and creative ways to explore positive connections by means of educational
programs and festivals that teach about diversity. This year’s fourth Florida festival will be held
th
on March 16 at Pompey Park in Delray Beach, and;
WHEREAS
, by the year 2060 European Americans will no longer constitute the majority of the
United States population and people from different cultures will be interacting with one another
more often than ever before; and;
WHEREAS
, the facets to a communal nature of the community are awareness, understanding,
and acceptance
Now therefore, I, __________, Mayor of the City of Boynton Beach, Florida, do hereby
proclaim March 22, 2013 as
All People’s Day®
and urge all citizens to appreciate the universal qualities at our core and the differences that help
make us individuals.
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 _______________, Two Thousand
Thirteen.
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Announce the Ocean Avenue Concert for Friday,
EQUESTED CTION BY ITY OMMISSION
February 15, 2013
ER:
Friday, February 15, 2013
On , the Boynton Beach CRA will
XPLANATION OF EQUEST
present an Ocean Avenue Concert, in honor of Black Heritage Month featuring The New
Horizon Bandperforming “Classic R & B”. This FREE concert will take place from 7:00 to
PM
9:00 at the Ocean Avenue Amphitheatre next to the Schoolhouse Children’s Museum on
PM
Ocean Avenue just east of Seacrest. Local downtown restaurants will have food and drinks
available for purchase. Please bring your folding chairs or blankets and be prepared to dance the
night away. Parking onsite, no pets please.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
CRA Budget – line item 02-58500-480.
ISCAL MPACT
A:
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Announce the Movies on the Ave film for March 1,
EQUESTED CTION BY ITY OMMISSION
2013
ER:
Friday, March 1, 2013
On , the Boynton Beach CRA and the City
XPLANATION OF EQUEST
a newly released
of Boynton Beach will present a Movies on the Ave film screening, featuring
film
. This FREE event will take place from 7:00 to 9:00 at the Ocean Avenue
PM PM
Amphitheatre next to the Schoolhouse Children’s Museum on Ocean Avenue just east of
Seacrest. Food and drinks will be available for purchase. Please bring your folding chairs or
blankets. Parking onsite, no pets please
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
CRA Budget – line item 02-58500-480.
ISCAL MPACT
A:
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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Announce Sunday in the Park, Sunday, March 3,
EQUESTED CTION BY ITY OMMISSION
2013
ER:
Sunday, March 3, 2013
On , the Boynton Beach CRA presents the
XPLANATION OF EQUEST
Sunday in the Park Series featuring a live musical performance by the winner of the “Open Mic
Night” in the Arts District. This FREE event will take place at Ocean Avenue Park on the NE
th
corner of E. Ocean Avenue and NE 4 Street. Have Brunch or Lunch at Hurricane Alley or The
Little House and enjoy the live music from 12:00 p.m. to 3:00 p.m. Bring your folding chairs or
blankets to sit at the park. Ample FREE parking onsite.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Budgeted in line item 02-58500-480
ISCAL MPACT
A:
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Announce the International Kinetic Art Exhibit and
EQUESTED CTION BY ITY OMMISSION
Symposium being held February 8 - 10, 2013 in the Boynton Beach Downtown Civic-Cultural
District
ER:
The International Kinetic Art Exhibit and Symposium is a
XPLANATION OF EQUEST
one-of-a-kind event celebrating Art in Motion.
th
The event will kick-off this Friday, February 8 with an opening reception sponsored by
the Cultural Council of Palm Beach County and the Schoolhouse Children’s Museum
and Learning Center.
th
Saturday, February 9 there will be a vendor and indoor art exhibit from 9:00 a.m. to
6:00 p.m. at the City Library and Civic Center as well as outdoor exhibits along the Civic
Cultural District Walking Loop. There will be several youth activity workshops, a History
of Kinetic Art presentation and presentations with a panel discussionby Kinetic Artists,
Architect, Scientists, Educators and Engineers on how kinetic art improves technology,
is incorporated in many of our daily activities and triggers innovation and new
technologies
.
th
On Sunday, February 10 the vendor and indoor art exhibit continues and the youth
kinetic art from the previous day workshops will be on display. The City Hall Chambers
will host “The Learning Experience” which demonstrates how Kinetic Art fuels creativity
and cross curriculum learning to deliver new technological advancements. The event
wraps up with the Kinetic Art Organization International Competition Awards
presentation in the City Hall Chambers.
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To learn more about the event log on to www.IntlKineticArtEvent.org for dates, times
and locations.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Announce the Great Barrier-Free 5K Run this
EQUESTED CTION BY ITY OMMISSION
Saturday, February 9, 2013 at 7:30 a.m. at Congress Ave. Barrier Free Park
ER:
The Realtors Association of the Palm Beaches are
XPLANATION OF EQUEST
sponsoring the Great Barrier-Free 5K Run along with co-sponsors the Greater Boynton
Beach Chamber of Commerce, the City of Boynton Beach, Hunter’s Run Development
and Iberia Bank to benefit the Greater Boynton Beach Foundation in raising money to
complete the Congress Ave. Barrier Free Park at 3111 Congress Ave, Boynton Beach.
To learn more about the event visit www.boyntonbeachfoundation.org.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
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RACC:
Hear update from Christ Fellowship Church
EQUESTED CTION BY ITY OMMISSION
ER:
Representatives from Christ Fellowship Church will provide
XPLANATION OF EQUEST
an update on their timeline for construction of the church in the Boynton Beach Mall.
The church will also review their on site traffic management plan.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
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LTERNATIVES
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5. A
ADMINISTRATIVE
February 5, 2013
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RACC:
Appoint eligible members of the community to
EQUESTED CTION BY ITY OMMISSION
serve in vacant positions on City advisory boards. The following openings exist:
Arts Commission: 2 alternates
Building Board of Adjustment and Appeals: 3 regulars and 2 alternates
Cemetery Board: 1 regular and 1 alternate
Code Compliance Board: 1 regular and 2 alternates
Community Relations Board: 1 regular and 2 alternates
Education & Youth Advisory Board: 2 alternates
Financial Advisory Committee: 3 regulars and 2 alternates
Golf Course Advisory Committee: 1 regular
Library Board: 1 alternate
Planning & Development Board: 1 alternate
Recreation and Parks Board: 2 alternates
Senior Advisory Board: 3 regulars and 1 alternate
Veterans Commission: 2 alternates
.
ER:
The attached list contains the names of those who have
XPLANATION OF EQUEST
applied for 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
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
keep our Advisory Boards full and operating as effectively as possible.
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FI:
None
ISCAL MPACT
A:
Allow vacancies to remain unfilled.
LTERNATIVES
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6. A
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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 request from Oceanside Beach
EQUESTED CTION BY ITY OMMISSION
Service, Inc. to waive lease payments for October, November and December 2012, and reduce
the January 2013 payment by 50%.
ER:
In December 2009, the City entered into a three year lease
XPLANATION OF EQUEST
agreement with Oceanside Beach Service (OBS), Inc. to provide a beach equipment
rental concession (cabanas, loungers, etc…) at Oceanfront Park (R09-183). The
monthly lease payment for the initial three (3) year period was $2,000. The agreement
allowed for three (3) one (1) renewals. The term of the agreement was extended for an
additional one year period (RFP No.: 012-2730-13/JA) at a monthly lease payment of
$2,200. The current agreement period is December 16, 2012 – December 15, 2013.
In October of 2012, our local area was impacted by Tropical Storm Sandy, which
caused severe erosion of our beach, and damaged two of the three beach access
ramps at Oceanfront. This severely impaired the ability of OBS to conduct their
business at the beach. Consequently, OBS is requesting that monthly payments for
October, November and December be waived, and that the January payment be
reduced by 50%. The following would be the monthly amounts to be waived:
October (October 16, 2012 – November 15, 2012) $2,000
November (November 16, 2012 – December 15, 2012) $2,000
December (December 16, 2012 – January 15, 2013) $2,200
January (January 16, 2013 – February 15, 2013) $1,100
Total $7,300
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H?
No affect.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
This will reduce the amount of revenue generated from this agreement
ISCAL MPACT
by $7,300 for the current fiscal year from an anticipated amount of $26,000 to $18,700.
A:
LTERNATIVES
1. Approve fee waiver for two months and 50% of January.
2. Approve fee waiver for one month and 50% of January.
3. Approve fee waiver for three months.
4. Approve fee waiver for two months.
5. Approve fee waiver for one month.
6. Do note approve fee waiver request.
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6. B
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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. R13-006 -
EQUESTED CTION BY ITY OMMISSION
Approve and authorize execution of Disaster Relief Funding Agreement for Federal and State
assistance for Hurricane Isaac between the City of Boynton Beach and State of Florida, Division
of Emergency Management
ER:
To be eligible to receive disaster relief funding through the
XPLANATION OF EQUEST
Federal Emergency Management Agency (FEMA), the agreement must be executed
with the State of Florida because all federal disaster relief funding is distributed to the
State then passed on to local municipalities who qualify. FEMA’s Public Assistance
program is a federal grant to aid state and local governments in returning a disaster
area to pre-disaster conditions. On October 18, 2012, President Barack H. Obama
issued a major disaster declaration for the State of Florida as a result of Hurricane
Isaac.
H?
By executing the agreement, the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
City is eligible to receive federal financial assistance for cost incurred due to Hurricane
Isaac.
FI:
Expenditures that occurred as a result of Hurricane Isaac may be
ISCAL MPACT
eligible for federal financial assistance. A minimum of 75% of eligible costs is provided
to primarily address the repair and restoration of public facilities, infrastructure, or
services which have been damaged or destroyed.
A:
None
LTERNATIVES
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RESOLUTION NO. R13-______
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE EXECUTION BY THE MAYOR
AND CITY CLERK OF A DISASTER RELIEF FUNDING
AGREEMENT FOR FEDERAL AND STATE ASSISTANCE
FOR HURRICANE ISAAC BETWEEN THE CITY OF
BOYNTON BEACH AND STATE OF FLORIDA, DIVISION
OF EMERGENCY MANAGEMENT; AND PROVIDING AN
EFFECTIVE DATE
.
, FEMA’s Public Assistance program is a federal grant to aid state and local
WHEREAS
governments in returning a disaster area to pre-disaster conditions; and
, to be eligible to receive disaster relief funding through the Federal Emergency
WHEREAS
Management Agency, (FEMA), the agreement must be executed with the State of Florida since all
federal disaster relief funding is actually distributed to the State and then passed down on to local
municipalities who qualify; 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 execute a Disaster Relief Funding
Agreement between the City of Boynton Beach and the State of Florida, Division of Emergency
Management for assistance with Hurricane Isaac.
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 execution by the Mayor and City Clerk of a Disaster Relief Funding
Agreement for Federal and State assistance for Hurricane Isaac, a copy of which is attached
hereto as Exhibit “A”.
Section 3. This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED
this _____ day of February, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – Jerry Taylor
_______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Wayne Segal
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\Reso - FEMA Disaster Relief Funding Agreement (Isaac).doc
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6. C
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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. R13-007 -
EQUESTED CTION BY ITY OMMISSION
Approve a Consultant Agreement between Management Learning Laboratories of Winston-
Salem, NC and the City of Boynton Beach for "A Needs Assessment Study for the Recreation
and Parks Department"; RFP No. 016-2710-13/JMA for an amount not to exceed $19,500.
ER:
On November 28, 2012, Procurement Services received
XPLANATION OF EQUEST
and opened four proposals in response to the RFP from Consultants for a Needs
Assessment Study for the Recreation and Parks Department. The Recreation and
Parks Department is seeking consultant services to compile a comprehensive opinion
survey. The survey will help the Department in the development of a strategic plan for
the development of programs and facilities. The Evaluation Committee of Wally Majors,
Director of Recreation and Parks; Sherri Claude, Assistant to the Director of Recreation
and Parks and Carisse LeJeune, Interim Assistant City Manager reviewed all proposals
and ranked them accordingly. The Evaluation Committee recommends awarding the
contract to Management Learning Laboratories (MLL) of Winston-Salem, NC, the
highest ranked firm, in the amount of $19,500. The estimated time of completion is
approximately three to four months.
H?
The Recreation and Parks
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Department strives to meet the needs of the greater Boynton Beach area by offering
high quality, diverse recreational opportunities that promote physical health, social well
being and a strong sense of community. By conducting a Needs Assessment Study,
the Department will better understand the Boynton Beach citizens’ requirements for
programming and facilities.
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FI:
The cost of this agreement has been included in the Recreation
ISCAL MPACT
Programs FY 12/13 budget under line item 172-2712-572-49-17.
A:
Continue with the current programming with only limited input from
LTERNATIVES
participating residents, with no long range strategic plan.
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RESOLUTION NO. R13-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA
APPROVING THE AWARD OF A CONSULTANT AGREEMENT
WITH MANAGEMENT LEARNING LABORATORIES FOR A NEEDS
ASSESSMENT STUDY FOR THE RECREATION AND PARKS
DEPARTMENT IN RESPONSE TO RFP #016-2710-13/JMA IN AN
AMOUNT NOT-TO-EXCEED $19,500; AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONSULTANT AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE
.
WHEREAS,
on November 28, 2012, Procurement Services received and opened four (4)
proposals in response to RFP #016-2710-13/JMA for “A Needs Assessment Study for Recreation
and Parks Department”; and
WHEREAS,
the evaluation committee, consisting of Wally Majors, Sherri Claude and
Carisse LeJeune, independently reviewed and evaluated the bid proposals; and
WHEREAS,
the Finance Department verified the scores and prepared a summary
tabulation of the overall scores and, as a result, is recommending the award of the contract to
Management Learning Laboratories of Winston-Salem, NC who was the most responsive,
responsible bidder who met all qualifications; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation
of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve
the award of a Consultant Agreement for RFP #016-2710-13/JMA for “A Needs Assessment
Study for the Recreation and Parks Department” to Management Learning Laboratories of
Winston-Salem, NC and authorizes the City Manager to execute a Consultant Agreement in an
amount not to exceed $19,500.
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.
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Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
approve the award of a Consultant Agreement for RFP #016-2710-13/JMA for “A Needs
Assessment Study for the Recreation and Parks Department” to Management Learning
Laboratories of Winston-Salem, NC and authorizes the City Manager to execute a Consultant
Agreement in an amount not to exceed $19,500, a copy of which is attached hereto as Exhibit
“A”.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of February, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – Jerry Taylor
_______________________________
Commissioner – Steven Holzman
ATTEST:
_______________________________
Commissioner – Wayne Segal
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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CONSULTANT AGREEMENT FOR
“A NEEDS ASSESSMENT STUDY FOR THE RECREATION AND PARKS DEPARTMENT”
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
_MANAGEMENT LEARNING LABORATORIES____
as “the City”, and hereinafter referred to
as “the Consultant”, in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1.
PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSULTANT
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
_120
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.
Six Months
4. TERM: This Agreement shall be for a period of 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
$19,500.00
services 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.
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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.
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 professional liability insurance in the amount of $1,000,000 per occurrence to 2
million aggregate with defense costs in addition to limits.
Said professional 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 bona fide 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 bona fide 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.
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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.
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
Attn: City Manager
Notices to Consultant shall be sent to the following address:
Management Learning Laboratories
163 Linbrook Drive
Winston-Salem, NC 27106
Attn: Ananda Mitra
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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
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EXHIBIT A
SCOPE OF SERVICES
The Recreation and Parks Department is seeking professional services for the preparation,
implementation, and interpretation of a comprehensive opinion survey. The study will assist the
Recreation and Parks Department in the formation of goals, policies; strategic plan; future
development of program areas and facilities to meet the needs of the community; and to
demonstrate if programming deficiencies exist.
A questionnaire is to be developed by the Consultant with direct input from the City Residents,
the Recreation Advisory Board, Staff and City Commissioners. The questionnaire will
incorporate an awareness of the geographic, social and economic characteristics of the
constituents served by the City.
Goals to be addressed in a Needs Assessment:
1. Information that the City of Boynton Beach may utilize to gain a better understanding of
its constituency;
2. To investigate how citizens in the City wish to utilize their discretionary time and how the
City may coordinate efforts in these areas;
3. To explore and suggest efficient ways of providing recreational opportunities taking into
account the economic and time constraints of the Community;
4. To assess public awareness and perception of the City’s current programs and facilities
in terms of how well the programs and facilities satisfy the needs of the Citizens;
5. To determine the most effective methods of disseminating information to the public
about parks, recreation, facilities, cultural programs and various educational and social
opportunities.
6. To give City residents the opportunity to offer suggestions, comments, and concerns
about the opportunities provided by the City.
In preparing the early questionnaire drafts, the Consultant will actively seek to include
community input through various focus group meetings and interviews with the public and Staff.
After the survey instrument is finalized, the vendor will draw a random sample of residents and
print labels for the purpose of mailing the final questionnaire. Questionnaires will be issued via
first class U.S. Mail with completed questionnaires returned directly to the Consultant in self-
addressed, stamped envelopes. The questionnaire responses must be sufficient in amount to
provide accurate results.
Questions specific to the City of Boynton Beach will be part of the questionnaire. The questions
will be arranged in a format that is most effective in determining the attitudes, interests,
opinions, and needs of City residents. The Consultant will visit the community during the initial
phase to secure input for questionnaire content. This input will come primarily from focus group
meetings with the community and through interviews and meetings with City staff and the
Advisory Board. This process will provide the City staff and Advisory Board the opportunity to
include their ideas and suggestions for questions on the survey. The final survey will be
approved by the Recreation and Parks Department prior to distribution.
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Consultant will be responsible for printing the appropriate number of questionnaires with self-
addressed, stamped envelopes and mailing of the questionnaires.
Determining the Sample Population
The awarded Consultant must demonstrate that sound statistical sampling procedures will be
utilized. In determining the appropriate sample to be representative of the various segments of
the Community, the Consultant will review all available demographic information on Community
residents.
Administration of the Questionnaire
Completed surveys will be returned to the Consultant for data processing and analysis. As the
surveys are returned, detailed records of the rate of return will be maintained and continuously
updated. The anonymity of all members of the sample group will be maintained and all survey
responses will be kept confidential.
Data Processing
The returned surveys will be coded, tabulated, and reviewed for format accuracy and
completeness. Statistical cross-tabulation and descriptive analysis will be conducted with
demographic information included with the surveys. This analysis will permit detailed
comparisons in item responses as a function of respondent’s gender, age, and economic level.
A variety of descriptive and graphic techniques will be used to present statistical results in an
easily interpreted form. The Consultant will maintain the survey data in computer ready form for
twelve months. The stored information shall be accessible if there is additional analysis
required or requested by the City after completion of the study.
Data Interpretation
The objective of this phase of the project is to determine the most appropriate interpretation of
the survey data. The analysis and interpretation of the data will be provided by the Consultant
in a format that is easily understood and available to the Recreation and Parks Department
Staff.
The survey data will be provided to the City in an integrated system of software for data
management, analysis, and presentation. The Consultant will conduct one training program for
selected City Staff to quickly and efficiently access the data collected in the survey.
Master Plan Workshops
At the conclusion of the proposed study, the Consultant will conduct a series of workshops
designed to assist the staff and Board in making the most efficient and effective use of the study
results to include:
A half-day session to conduct an in-depth presentation of the study results to the City Staff and
Advisory Board. The presentation will focus on interpreting the survey data, explaining the
basis for the conclusions and recommendations and responding to any questions regarding the
final report.
The Consultant will provide a public presentation package that summarizes the results of the
study including an “Executive Summary” of the final report that can be distributed to the general
public.
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6. D
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Accept the FY 2012 -13 Budget Status Report of
EQUESTED CTION BY ITY OMMISSION
the General Fund & Utility Fund for the three (3) month period ended December 31, 2012.
Explanation of Request
:This report summarizes the estimated funding sources and
the adopted expenditure budgets for the City’s General Fund and Utility Fund for the
three (3) month period ended December 31, 2012 (25% of the fiscal year). The analysis
compares
Actual results for the current period to the annual budget and
Actual results for the same period of the prior year annual budget.
H?
The annual budget is what
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
provides and controls the resources for City programs and services.
FI:
The annual budget and results to date for the General Fund and Utility
ISCAL MPACT
Fund.
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GENERAL FUND
FY 2012-13FY 2011-12FY 2013 vs. 2012
Annual Annual
Actual to DateActual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 68,822$ 32,89248%$ 65,142$ 29,504 45%6%11%
Expenditures$ (68,822)$ (24,343)35%$ (65,142)$ (22,313)34%6%9%
Excess (Deficit)$ -$ 8,549$ -$ 7,191
Revenues & Transfers (Exhibit A) – Budgeted Funding Sources:
Property taxes
and other revenues provide funding sources of $52.2 M or 75% of our total $68.8 M
General Fund budget estimate for FY 2012-13. Transfers from other funds (non-
revenues) provide $16.6 M or 25% of the total funding sources to balance our $68.8 M
General Fund budgeted expenditures.
These three major estimated funding sources are summarized as follows:
1. 35% - $ 23.6 M – Property taxes less Tax Increment Financing to the CRA
2. 40% - $ 28.6 M – All other revenues plus General Fund Balance
3._25% - $ 16.6 M – Transfers from other funds
100% - $ 68.8 M – Total funding sources
The property tax rate for FY 2012-13 was increased from 7.1941 mills to 7.6000 mills;
the net property taxes of $27.0 M in FY 2012-13 represent a 5.6% increase in property
tax revenue or a increase of $.7 M from FY 2011-12.
To balance the budget in FY 2012-13, it required transfers from other funds of $16.6 M
representing 25% of all funding sources.
Actual Funding Sources Realized:
At the end of the third month in FY 2012-13,
revenues and transfers realized are approximately $32.9 M or 48% of the budget
estimate compared to $29.5 M or 45% realized to date in FY 2011-12.
Ad Valorem Taxes, net of discounts and TIF taxes to the CRA
, received to date was
$17.8 M as compared to $17.5 M for FY 2011-12, as noted on Exhibit A.
Other Revenues: The four major revenue sources other than property taxes:
Franchise Fees
1. realized was $1.22 M or 27% actual collected compared to $1.26 M
or 28% in FY 2011-12.
Business Taxes
2. are due at the beginning of the fiscal year. For FY 2012-13, $1.2 M
or 90% has been collected which is almost equivalent to the FY 2011-12 amount.
State Shared revenues
3. of $1.5 M have been collected in FY2012-13 and is almost
equivalent to the FY 2011-12 amount.
Public Safety revenues
4. at this point ahead of the budgeted amount; $1.16 M or 30%
was received compared to $1.19 M or 30% for FY 2011-12.
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Transfers From Other Funds: Current practice is to transfer 1/12 of the budgeted
transfers from other funds each month. This will result in 100% realization of this
funding source for the year.
Expenditures (Exhibit B)
Budgeted Expenditures:
Overall, appropriations increased approximately 5.7% from
$65.1 M to $68.8 M. The increase impacted all departments due to increased pension
and health care cost.
Actual Expenditures –
General Fund expenditures for the three month period ending
December 31 (25% of the fiscal year) are $24.3 M that is 35% of the $68.8 M
expenditure appropriation for FY 2012-13.
The table at the top of Exhibit B displays actual expenditures of $ 24.3 M or 35% of the
FY 2012-13 budget. At 35%, we are ahead of spending levels compared to the $22.3 M
or 34% actual spending levels in FY 2011-12 for this same period. This is due to the
increase in the City’s pension obligation for FY 2012-13.
UTILITY FUND
The FY 2012-13 annual expenditure budget of $36.7 M represents a $.7 M decrease
from the FY 2011-12 budget of $37.4 M. The operational forecast may yield an
estimated $2.2 M fund balance increase for the year based on the budget.
For the three month period in FY 2012-13,
Revenues realized are $9.1 M (25%) of the annual budget estimate.
Expenditures incurred are $10.1 M (28%) of the annual appropriated budget.
This results in a shortfall of expenditures over revenues of approximately $ 1.0 M.
FY 2012-13FY 2011-12
FY 2013 vs. 2012
Annual Actual to DateAnnual Actual to Date
BudgetActual
BudgetBudget
Amount%Amount%%%
Revenues & Transfers$ 36,758$ 9,16625%$ 37,397$ 9,213 25%-2%-1%
Expenditures$ (36,758)$ (10,160)28%$ (37,397)$ (8,313) 22%-2%22%
Excess (Deficit)$ -$ (994)$ -$ 900
The following provides brief comments on revenues and expenditures to date.
Revenues (Exhibit C) -
The $9.1 M in FY 2012-13 actual revenues and fund balance
increase are on target similarity to the $9.2 M to date in FY 2011-12, because of two
factors:
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Water Sales - $4.5 M equivalent to 25% of the annual estimate, compared to
$4.3 M (24%) at this point in FY 2011-12.
In FY 2012-13, $ 2.2 M is being recognized as an added increase to fund
balance, compared to an added increase of $ 1.7 M in FY 2011-12.
These factors should provide for adequate bond debt service coverage.
Expenditures (Exhibit D)
– Utility Fund FY 2012-13 expenditures to date are $10.1 M
or 28% of the annual appropriation compared to expenditures of $8.3 M or 22% for the
prior fiscal year. The increase is due to a budgeted transfer to the Utility
Renewal/Replacement capital fund and the increase in the City’s pension obligation that
is attributable to the Utility Fund.
A:
Discuss this Budget Status Report or request clarification at the City
LTERNATIVES
Commission meeting.
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6. E
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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. R13-008 -
EQUESTED CTION BY ITY OMMISSION
Approve and authorize execution of the Palm Beach County Law Enforcement Agencies
Combined Operational Assistance and Voluntary Cooperation (Mutual Aid) Agreement.
ER:
This agreement between all of the law enforcement
XPLANATION OF EQUEST
agencies in Palm Beach County facilitates the lending of law enforcement assistance
among the various departments in times of natural and man-made disasters, civil
disturbance, special events and other situations where additional police intervention and
assistance is warranted. This agreement, which was originally signed by the Palm
Beach County law enforcement agencies in 1992, has facilitated mutual aid among the
cities, county and state on numerous occasions and provides the citizens of Boynton
Beach with additional police assistance when it is needed. This agreement also
authorizes law enforcement officers of subscribing law enforcement agencies to
exercise the power of arrest and investigation in any jurisdiction in the county for any
offenses constituting a felony or an act of domestic violence. This agreement will
continue in effect until January 31, 2017.
H?
This agreement is crucial to the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
operational readiness of the Boynton Beach Police Department
FI:
There is no fiscal impact associated with this agreement. Situations
ISCAL MPACT
covered by the Mutual Aid Agreement are normally very short in duration (eight hours or
less) and the agreement does not require reimbursement for any expenses associated
with providing assistance.
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A:
None.
LTERNATIVES
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RESOLUTION NO. R13-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND CITY MANAGER TO EXECUTE A
MUTUAL AID AGREEMENT FOR PALM BEACH
COUNTY LAW ENFORCEMENT AGENCIES COMBINED
OPERATIONAL ASSISTANCE AND VOLUNTARY
COOPERATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,
this agreement between all law enforcement agencies in Palm Beach
County facilitates the lending of law enforcement assistance among the various departments
in times of natural and man-made disasters, civil disturbances, special events and other
situations where additional police intervention and assistance is warranted; and
WHEREAS,
the subscribing agencies are so located in relation to each other that it is
to the advantage of each to receive and extend mutual aid in the form of law enforcement
services and resources to each other, pursuant to the terms set forth in the attached Mutual
Aid Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida hereby
authorizes and directs the Mayor and City Manager to execute a Mutual Aid Agreement for
Palm Beach County Law Enforcement Agencies Combined Operational and Voluntary
Cooperation, a copy of which is attached hereto as Exhibit “A”.
Section3. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED
this _____ day of February, 2013.
CITY OF BOYNTON BEACH, FLORIDA
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_____________________________
Mayor – Woodrow L. Hay
_____________________________
Vice Mayor – Mack McCray
_____________________________
Commissioner – Jerry Taylor
_____________________________
Commissioner – Steven Holzman
_____________________________
Commissioner – Wayne Segal
ATTEST:
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. F
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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 one year renewal of the “piggyback” of
EQUESTED CTION BY ITY OMMISSION
the City of Pompano Beach Bid H-12-11 awarded to Nalco Company (Nalco) with the same
terms, conditions, specifications and pricing. The renewal term is from March 9, 2013 to March 8,
2014. This contract will be used to purchase anti-scalant (PC-1850T) for the removal of solids at
the West Water Treatment Plant (WWTP) on an "AS NEEDED BASIS". The annual expenditure
is estimated at $50,000.
RENEWALTERM:
M9,2013THROUGHM8,2014
ARCH ARCH
ER:
The City first piggybacked the City of Pompano Beach
XPLANATION OF EQUEST
contract with Nalco in November 2011 after approval by Commission. The current
contract expires on March 8, 2013. The City of Pompano Beach is exercising the
contract renewal option for the period March 9, 2013 to March 8, 2014; this is the final
renewal period allowed by the terms of this bid. The pricing, terms and conditions of the
original bid and contract period remain unchanged for this renewal period.
H?
In membrane treatment processes
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
as utilized at the West Water Treatment Plant (WWTP), removal of solids from the raw
water also results in deposition of those very solids on the membrane surfaces,
resulting in ineffective membranes. Previously, the West Water Treatment Plant relied
on sulfuric acid to perform this duty. Currently, the WWTP uses a combination of sulfuric
acid and the Nalco antiscalant to reduce plating of the membranes. Utilizing this
antiscalant has reduced sulfuric acid costs and ensured real time monitoring and control
of the antiscalant. It also minimizes safety hazards by reducing the volume (sulfuric
acid) stored on site due to reduced usage.
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FI:
Funds are budgeted in account: 401-2811-536-52-535. Recent fiscal
ISCAL MPACT
expenditures are as follow:
Fiscal Year Sulfuric acid costs Nalco antiscalant costs
08/09 $374,579 N/A
09/10 $227,903 $17,962
10/11 $152,615 $51,996
11/12 $129,707 $44,475
A:
The City of Boynton Beach could issue its own bid or look for other
LTERNATIVES
contracts to utilize. However, this may lead to acid substitution at a significantly higher
cost.
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6. G
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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. R13-009 -
EQUESTED CTION BY ITY OMMISSION
Approve the Interlocal Agreement between Palm Beach County and the City of Boynton Beach
in order to correct the previous agreement's language inconsistencies and to maintain our
existing Internet connectivity.
ER:
XPLANATION OF EQUEST
The Palm Beach County Information Systems Services (ISS) Department is requesting
changes be made to one of our Interlocal agreements. A recent audit review of the
agreement revealed that it includes some inconsistent language as it relates to
establishing connection charges. As a result, the County has modified the format of the
original agreement to consist of a new “General Agreement” document, and a separate
service-related “Exhibit” document. The basic terms of the agreement have not
changed. It is important to note that the new agreement being presented to you does
not affect the fees and charges contained within the original agreement signed by our
organization (Commission approval via Resolution #R09-122 on August 18, 2009).
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
The agreement will continue to provide the City of Boynton Beach with a high-speed
optical fiber link between our network and the Palm Beach County ISS Department’s
network, which in turn provides the City of Boynton Beach with fast, cost-effective
connectivity to the Internet.
FI:
ISCAL MPACT
There are no monetary changes to this agreement. The City of Boynton Beach will
continue to be assessed the same monthly recurring charge of $700 ($8400 annually).
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Funds are budgeted and available in the I.T.S. Department’s telephone services
account (001-1510-513.41-10).
A:
LTERNATIVES
Revisions are required for the continuation of Internet connectivity services provided
through the County.
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RESOLUTION R13-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN PALM BEACH COUNTY AND THE
CITY OF BOYNTON BEACH FOR INTERCONNECTION TO
THE PALM BEACH NETWORK FOR THE PURPOSE OF
UTILIZING THE COUNTY AS THE CITY’S INTERNET
SERVICE PROVIDER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,
on August 18, 2009, the City Commission approved an Interlocal
Agreement with Palm Beach County for interconnection to the Palm Beach County Network for
the purpose of utilizing the County as the City’s Internet Service Provider; and
WHEREAS
, during a recent audit review of the Agreement, the County has determined
that the existing Agreement contained some inconsistent language as it relates to establishing
connection charges; and
WHEREAS
, as a result, the County has modified the format of the original agreement,
however the basic terms of the Agreement remain the same; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation
of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
Beach to authorize execution by the Mayor and City Clerk of the Interlocal Agreement with
Palm Beach County for interconnection to the Palm Beach County Network for the purpose of
utilizing the County as the City’s Internet Service Provider.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach hereby approves and
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authorizes the Mayor and City Clerk to execute an Interlocal Agreement between the City of
Boynton Beach and Palm Beach County for interconnection to the Palm Beach County Network
for the purpose of utilizing the County as the City’s Internet Service Provider, a copy of said
Agreement is attached hereto and made a part hereof as Exhibit “A”.
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of February, 2013.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Woodrow L. Hay
_____________________________
Vice Mayor – Mack McCray
_____________________________
Commissioner – Jerry Taylor
_____________________________
Commissioner – Steven Holzman
ATTEST:
_____________________________
Commissioner – Wayne Segal
_________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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Interlocal Agreement
This Interlocal Agreement (“Agreement”) for information technology (“IT”) services is entered
into this _____day of ______________, 2012, by and between the City of Boynton Beach
(“Municipality”) and Palm Beach County (“County”) a political subdivision of the State of
Florida. . This Agreement rescinds existing Interlocal Agreement R2010-0110, dated 1/12/2010.
WITNESSES THAT:
WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation Act
of 1969,” authorizes local governments to make the most efficient use of their powers by
enabling them to cooperate with other localities on a basis of mutual advantage and thereby to
provide services and facilities that will harmonize geographic, economic, population and other
factors influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined herein
to enter into Agreements with each other to jointly exercise any power, privilege, or authority
which such agencies share in common and which each might exercise separately; and
WHEREAS, the Municipality and the County have recognized the need for the Municipality to
obtain IT services (“IT”) for the purpose of gaining access to IT resources at a cost savings due to
the ability of Palm Beach County to leverage its resources for the greater good of citizen’s of
Palm Beach County, the State of Florida, and any public sector organization that can benefit
from these services; and
WHEREAS, in recognizing these facts, the Municipality and the County desire to enter into
such an agreement which provides for the joint use of such IT assets and establishes policies for
its use by each organization.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other
good and valuable consideration, the parties do mutually agree as follows:
Section 1 Purpose
The purpose of this Agreement is to provide IT services to the Municipality for the purposes
described in the attached Exhibit A.
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Section 2 Approval
The County approves of the Municipality’s participation in the use of the County’s IT resources
and any other services as specified in the attached Exhibit A.
Section 3 Exhibits
The attached Exhibit A made a part hereof, delineate the services to be provided to the
Municipality by the County through its Information Systems Services (ISS) Department, identify
the roles and responsibilities of ISS and the Municipality in this regard, and set forth an issue
communication, escalation and resolution process, as well as methodologies for billing and
paying the quarterly service charges for IT services.
Section 4 Term
The term of this Agreement including Exhibit A, unless terminated as provided herein, is for a
period of one (1) year. This Agreement and Exhibit A shall automatically be renewed annually
unless either party gives written notice of termination as provided for in Section 6 herein. The
effective date is the date of approval by the Board of County Commissioners.
Section 5 Resale of IT Services
The Municipality shall not share or resell any portion of the County’s IT Infrastructure or
Services in any manner not approved of in this Agreement or without explicit written consent
from Palm Beach County, which consent shall not be unreasonably withheld.
Section 6 Termination for Convenience
Either party may terminate its participation in this Agreement upon sixty (60) days written
notice to the other party. Notwithstanding the foregoing, each party shall endeavor to provide
the other party with as much advance notice as practicable if it contemplates that it might desire
to terminate this Agreement, so as to allow the non-terminating party the maximum amount of
time to make alternative plans to replace the lost services/revenue. In such event, the
terminating party shall pay all sums due through the effective date of the termination.
Section 7 Indemnification
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The Municipality and the County recognize their respective liability for certain tortious acts of
its agents, officers, employees, and invitees, and agree to be responsible, respectively, for all
claims, liability, losses, and/or causes of action that may arise from any negligent act or
omission due to the acts of its agents, servants, or employees. Such liability is subject to the
provisions of law, including the limits included in Section 768.28, Florida Statutes, which sets
forth the partial waiver of sovereign immunity to which governmental entities are subject. It is
expressly understood that this provision shall not be construed as a waiver of any right or
defense that the parties have under Section 768.28 or any other statute.
Section 8 Insurance
Without waiving the right to sovereign immunity as provided by Section 768.28, Florida
Statutes, the Municipality acknowledges to be self-insured for General Liability and Automobile
Liability under Florida sovereign immunity statutes with coverage limits of $200,000 Per Person
and $300,000 Per Occurrence; or such monetary waiver limits that may change and be set forth
by the legislature.
In the eventthe Municipality maintains third-party Commercial General Liability and Business
Auto Liability in lieu of exclusive reliance of self-insurance under Section 768.28, Florida
Statutes, the Municipality shall agree to maintain said insurance policies at limits not less than
$500,000 combined single limit for bodily injury or property damage
The Municipalityagrees to maintain or to be self-insured for Worker’s Compensation &
Employer’s Liability insurance in accordance with Chapter 440, Florida Statutes.
When requested, the Municipalityshall agree to provide an affidavit or Certificate of Insurance
evidencing insurance, self-insurance and/or sovereign immunity status, which the County agrees
to recognize as acceptable for the above mentioned coverage.
Compliance with the foregoing requirements shall not relieve the Municipality of its liability and
obligations under this Agreement.
Section 9 Damage Caused by Disasters
Should the County’s IT infrastructure be damaged or destroyed by a natural or man-made event
to the extent that the cost to repair or replace these services becomes economically unfeasible,
this Agreement is automatically terminated at the sole discretion of the County, unless the
governing bodies of both the Municipality and County authorize its continuation and associated
funding to repair or restore the affected area(s).
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Section 10 Miscellaneous
No provision in this Agreement shall provide to any person not a party to this Agreement any
remedy, claim, or cause of action, or create any third-party beneficiary rights against either
party. In the event that any one or more of the provisions in this Agreement shall for any reason
be held to have no force and effect, this Agreement shall, if possible, be interpreted in a manner
so as to effectuate the intention of the parties. Provisions contained in this Agreement that, by
their sense and context, are intended to survive the suspension or termination of this Agreement
shall so survive. All disputes related to this Agreement shall in the first instance be referred to
the appropriate executives of each party for resolution
Section 11 Notice
Any notice, request, instruction, demand, consent, or other communication required or
permitted to be given under this Agreement shall be in writing and shall be delivered either by
hand or by certified mail, postage prepaid, and certified return receipt requested to the following
addresses or such other addresses as the parties may provide to each other in writing:
To: Municipality: City of Boynton Beach
Attention: Lori LaVerriere, Interim City Manager
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
(Telephone: 561-742-6010)
With a copy to: James A. Cherof, City Attorney
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
(Telephone: 561-742-6010)
To: COUNTY: Robert Weisman, County Administrator
c/o Steve Bordelon, Information Systems Services Director
Palm Beach County Board of County Commissioners
th
301 N. Olive Avenue, 8 floor
West Palm Beach, FL 33401
(Telephone: 561-355-2394)
With a copy to: County Attorney’s Office
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Palm Beach County Board of County Commissioners
301 N. Olive Avenue, Suite 601
West Palm Beach, FL 33401
(Telephone: 561-355-2225)
Section 12 Entire Agreement
This Agreement represents the entire agreement between the Municipality and the County and
supersedes all prior agreements or representations, whether written or oral, with respect to the
subject matter hereof. No provision of this Agreement may be changed or amended except by
written agreement signed by both parties. This Agreement shall be binding upon the
Municipality and the County and their respective successors and assigns.
Section 13 Filing
This Agreement shall be filed with the Palm Beach County Clerk & Comptroller’s Office.
Section 14 Participation
This Agreement shall not be construed against the party who drafted the same as all parties to
this Agreement have participated in drafting the same.
Section 15 Venue for Dispute Resolution
This Agreement shall be construed in accordance with the laws of the State of Florida. Should
any litigation arise from this Agreement, venue shall lie in Palm Beach County, Florida.
Section 16 Binding Agreement
This Agreement is binding upon the parties hereto, their heirs, successors, and assigns.
Section 17 Subject to Funding
Each party’s performance and obligations for subsequent fiscal years are contingent upon
annual appropriations for its purpose.
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Section 18 Nondiscrimination
Both parties warrant and represent that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status, familial status, sexual orientation, gender identity and expression.
Section 19 Access and Audits
The Municipality shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing any work under this Agreement for at least three (3)
years after completion or termination of this Agreement. The County shall have access to such
books, records, and documents as required in this section for the purpose of inspection or audit
during normal business hours, at the Municipality’s place of business.
Section 20 Inspector General
Palm Beach County has established the Office of the Inspector General in Palm Beach County
Code, Section 2-421 – 2-440, as may be amended. The Inspector General’s authority includes
but is not limited to the power to review past, present and proposed County
contracts/agreements, transactions, accounts and records, to require the production of such
records, and to audit, investigate, monitor, and inspect the activities of the Municipality, its
officers, agents, employees, and lobbyists in order to ensure compliance with
contract/agreement requirements and detect corruption and fraud.
Failure to cooperate with the Inspector General or interference or impeding any investigation
shall be in violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant
to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor.
(The rest of this page is intentionally left blank)
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ATTEST:
Palm Beach County, By Its
Sharon R. Bock, Clerk & Comptroller Board of County Commissioners
By: ___________________________ By: _______________________
Deputy Clerk Steven L. Abrams, Chairman
(SEAL)
APPROVED AS TO FORM AND APPROVED AS TO TERMS AND
LEGAL SUFFICIENCY CONDITIONS
By: ___________________________ By: _______________________
County Attorney Steve Bordelon, Director, ISS
City of Boynton Beach
ATTEST:
By: ___________________________ By: _______________________
Janet M. Prainito, City Clerk Woodrow Hay, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: ___________________________
James A. Cherof, City Attorney
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EXHIBIT A
PALM BEACH COUNTY INFORMATION SYSTEMS SERVICES (ISS)
NETWORK SERVICES
The purpose of this Exhibit is to delineate the network services to be provided to the City of
Boynton Beach (“Municipality”) by the County through its Information Systems Services (ISS)
Department, to identify the roles and responsibilities of ISS and the Municipality in this regard,
to establish a problem resolution and issue escalation procedure, and to specify associated costs
and payment requirements.
Section A: General Requirements for Network Services
Network services must be approved by both ISS and the Municipality if said connection affects
the entire network. However, all network services must meet the agreed-upon technical
specifications.
ISS shall provide the Municipality with access to the County’s network on a best-effort basis and
as otherwise provided for herein.
Section B: Responsibilities for Network Management
ISS shall be responsible for the routine, day-to-day management of the County network. Each
party shall be responsible for day-to-day administration of the network routes which they
individually own.
ISS shall be responsible for maintaining the primary network and all auxiliary components of
the network which exclusively serve County facilities. ISS shall also maintain auxiliary portions
of the network which service both County and Municipality owned facilities. The Municipality
shall maintain that portion of its own network which exclusively serves its facilities.
ISS shall monitor bandwidth utilization on any network link between the County and the
Municipality.
Should ISS perform repair and maintenance functions on behalf of the Municipality, it is with
the understanding that ISS’s responsibility extends only to the Municipality “demarcation
point.” The demarcation point is the location which defines where issues of maintenance
responsibilities begin and end, considered to be County-owned network equipment inside each
of the Municipality’s buildings or facilities connected to the County network. ISS will be
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responsible for maintaining all network infrastructures to the point of the network equipment
connection to the Municipality demarcation point(s). Entrance facilities at Municipality owned
locations from the road to demarcation point belong to the Municipality, whereas the fiber
within may belong to the County.
Maintenance and restoration work provided by ISS shall be limited to the fiber optic cable and
service drops, the individual fibers within the cable and service drops, all 802.16 radio
equipment, and ISS routers installed at the Municipality. ISS shall have no obligation or right to
perform maintenance or restoration on any electronics or other equipment owned by the
Municipality or any third party. Notwithstanding the foregoing, should the need arise for
maintenance or restoration, the parties hereto may agree to an amendment to this Agreement
permitting ISS to perform maintenance or restoration on Municipality owned electronics or
other equipment.
ISS shall provide maintenance to County owned and operated equipment on a 7-day/24-hour
basis and may contract for repair services when deemed necessary. ISS shall abide by agreed
upon security requirements of the Municipality. In the event that an outside contractor is
needed, ISS shall select, supervise, and coordinate with the contractor to complete the repair.
Section C: Network Equipment Ownership
The County, as represented by ISS, shall own all of its network equipment and assets. The
Municipality shall continue to maintain ownership of its current network assets. Only ISS is
permitted to connect, expand, or otherwise routinely modify its network components.
Furthermore, any and all technological changes relative to the network will be implemented at
the discretion of ISS. Notwithstanding the foregoing, ISS agrees to use its best efforts to keep
pace with technological changes.
Should the Municipality receive grant funds to assist with the construction or maintenance of
the network, any provisions, limitations, or restrictions associated with the grant(s) shall not
affect or apply to ISS, and vice versa.
Section D: Network Connection
The Municipality will be provided with a connection to the Palm Beach County fiber network to
meet the network service requirements as specified in this Exhibit. The Municipality shall pay
the installation charges and monthly charges as set forth in this Exhibit.
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Section E: Modifications to Network
If the Municipality proposes a modification or connection of a new building to the network, it
shall notify and submit any applicable construction documents to ISS at least thirty (30)
calendar days prior to the date construction activities are expected to commence. Should the
planned activities of the Municipality require the network to be upgraded, the Municipality shall
be solely responsible for payment of all costs associated with such modifications, unless there is
prior agreement with the County to participate in a cost-sharing arrangement for the
modification.
ISS shall review the modification proposals as soon as practicable and will render
recommendations with regard to the proposed modification. Any modifications or connections
to the network that may cause disruption or interference of service to any network users shall be
coordinated with the appropriate technical staff of both the Municipality and ISS. ISS agrees to
perform such work at a time and in a manner to minimize disruption and interference to the
network users.
When either the Municipality or ISS enters into a contract with an outside contractor for
network-related services which benefit only that party, the contracting party shall be
individually responsible for remitting payment to the contractor performing work on the
network, and the non-contracting party shall not be responsible or held liable for such payment.
However, proposed changes to the network must be communicated in writing to ISS for review
and approval. The parties however agree to comply with network security provisions.
Section F: Network Interferences
ISS shall have no requirement to purchase, install, operate, or maintain any equipment on the
premises of the Municipality. However, should any equipment owned by the Municipality
render any harmful interference to the County’s network equipment, ISS may disconnect any or
all Municipality owned network connections after informing the Municipality’s designated
technical Point of Contact (POC) of the underlying reasons for the planned action to disconnect
network facilities. Immediate efforts will focus on attempting to resolve or remove the threat
conditions. ISS shall be the sole party to determine if harmful interference has impacted the
County network. The County will utilize its best efforts to prevent any unanticipated network
outages should interferences be noted.
Section G: Damage Caused by Disasters
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Should the network sustain damage to an Auxiliary Route used only by either the Municipality
or the County, the owning party shall determine if the cable will be repaired or replaced.
Section H: Network Security
The parties to this Exhibit acknowledge the potential of unlawful hacking to gain surreptitious
access into confidential systems. ISS has implemented reasonable steps and safeguards as part
of a network security program, but these systems may not be able to defeat every attempt to gain
unlawful access to applications or data. Each party is responsible for protecting its own
applications, databases, and servers. Each party, however, shall review each other’s security
procedures and notify each other with reasonable promptness of concerns or issues regarding
the same.
Section I: Description of Services
A. Baseline services from the County through ISS will include:
1.ongoing maintenance of connectivity to the demarcation point(s);
2.central network security at the ISS router port that feeds the Municipality
network router connection;
If necessary, security may shut down the Municipality’s entire building feed to
protect the networked systems from computer worms and viruses.
3.network design;
4.acquisition and management of network assets;
5.installation or relocation of network connections, wiring upgrades, installation of
bandwidth upgrades, or other specialized services;
6.network equipment installation and maintenance;
7.network security on County side of the demarcation point;
8.monitoring of network performance;
9.trouble reporting and tracking;
10.maintenance of the environmental factors in ISS’s facilities and closets housing
equipment crucial to the health and stability of the Network, including air
conditioning, power conditioning, and UPS equipment; and
11.disaster recovery protection, system reliability, and stability during power
outages.
B. Municipality Responsibilities will include:
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1.all intra-building Network maintenance and security ;
2.ensuring that back-door connectivity behind the building router is prohibited;
3.provisioning of its Dynamic Host Configuration Protocol (DHCP) services;
4.building infrastructure connectivity;
5.all grid (jack), wiring identification, and tracking for Municipality owned
facilities;
6.providing, where possible, network engineers or technicians to assist with all
portions of network equipment attachments, from provisioning to
troubleshooting;
Initial diagnostic actions will ideally be performed by the Municipality technical
staff to evaluate whether the cause of any system problem is associated with
factors under the control of the Municipality.
7.ensuring that network security hardware and software is installed in order to
minimize the risk of a virus and surreptitious or otherwise inappropriate network
entry;
The Municipality will ensure that security procedures, hardware, and software
are in place to prevent unauthorized access to the County network from
Municipality owned network property.
8.requesting changes in network equipment attachments services;
Requests for changes shall be submitted to ISS Director, or designee, for action.
The Municipality shall be advised of the disposition of the request within thirty
(30) calendar days of submission. Such request shall include extension of
network services to additional sites indentified by the Municipality. The
Municipality shall be responsible for all reasonable costs associated with
requested changes to network services approved by ISS, which approval shall not
be unreasonably withheld.
9.providing, at its expense, the following equipment and facilities at each
Municipality owned building (if required):
an environmentally stable and secure area large enough to accommodate
a 19”-wide rack with a height up to 7 feet; and
This area shall contain two (2) dedicated electrical circuits for providing
power to the switching equipment.
air conditioning units which deliver a capacity of BTUs to the equipment
room as specified by the manufacturer of equipment installed at the
Municipality’s site.
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The Municipality shall periodically monitor the air conditioning units to
ensure temperatures are within acceptable limits.
10.adhering to a documented plan of security strategies deployed to prevent
unauthorized access into the physical location(s) where network access could be
gained, and ensuring that it has robust and efficient security software and
procedures in place to prevent unauthorized access to the network; and
11.promptly paying for ISS’s charges, such charges being set out in Section N of this
Exhibit, which charges will be invoiced quarterly.
Section J: Availability of County Network Services
ISS will provide the Municipality with access to the County network on a best-effort basis. ISS’s
goal will be to provide 99.9% availability. ISS reserves the right to prioritize its maintenance
and recovery efforts, while at the same time providing availability to the Municipality.
In the event that Network availability is documented by ISS and declared by the Municipality to
be less than 99.9% for two (2) consecutive months, the Municipality shall not be liable for
service charges beyond the date of said declaration of non-performance until service is
satisfactorily restored. The reduction of previously paid or dismissal of unpaid service fees will
be calculated on a pro-rata basis.
Section K: Protocol for Reporting Network Service Problems
All service issues should first be reported to the Municipality’s IT support staff. If the
Municipality’s initial diagnosis of the reported problem indicates that it is related to network
connectivity (e.g., connection lost, slow response time) rather than a problem at the application,
server, or desktop computer level, the IT technician should immediately report the service
problem to the ISS Network Operations Center at 561-355-HELP (4357). All service problems
reported by the Municipality will be recorded and tracked in ISS’s Automated Help Desk System
until problem resolution and service restoration. Response time service levels are established at
the time the call is reported based on the severity of the issue. The service level target for
problem diagnosis and response to the Municipality is within one (1) hour of the reported
problem. ISS also employs an escalation process for problems which are not resolved according
to the established standards.
Section L: Access for Network Service and Maintenance
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ISS shall coordinate with and obtain prior written approval from the Municipality designee as to
the time of any planned maintenance, repair, or installation work. However, the Municipality
shall provide ISS with access to its equipment on a 24-hour/7-day per week basis. During
normal business hours, ISS shall ensure that all ISS personnel or contractors representing ISS
sign in prior to commencing any work, and sign out prior to leaving the facility. On weekends,
holidays, or after normal business hours, ISS’s representative shall call the Municipality to
report any emergency that requires access to any Municipality owned facility. The Municipality
shall make reasonable efforts to arrange for access of ISS’s personnel as quickly as possible.
ISS shall supply the Municipality with a list of authorized ISS employees who will carry in their
possession badges for identification purposes. All individuals permitted access to the
Municipality by ISS must be fingerprinted and shall be subjected to a “background check”. All
of ISS’s contractors’ employees, agents, contractors, and subcontractors must undergo a
background check and fingerprinting in accordance with FBI CJIS security policies.
ISS represents that it has verified that neither ISS nor the County’s contractors, nor any of their
respective employees, agents, or representatives who have been convicted or who are currently
under investigation for a crime delineated in Florida Statutes §435.04 shall have access to
Municipality owned buildings under the Agreement.
Section M: Issue Escalation Contacts
Palm Beach County ISS
Palm Beach County 24x7 Network Services Help Desk: 561-355-HELP (4357)
Michael Butler, Director of ISS Network Services
561-355-4601 (office)
561-722-0850 (cell)
Phil Davidson, Deputy Director of ISS
561-355-3956 (office)
561-722-3349 (cell)
Steve Bordelon, Director of ISS
561-355-2394 (office)
561-386-6239 (cell)
Municipality Information Services
John McNally, Manager of IT Services
561-742-6070 (office)
Section N: Fees and Charges for Network Connectivity and Related Services
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One of the goals of this Agreement is to establish the lowest competitive pricing for the County’s
network services provided to the Municipality.
Palm Beach County ISS will serve as project manager and incur all costs associated with the
installation and connection of the network and network equipment at the Municipality’s
building. The Municipality will be responsible for reimbursement to ISS of said costs, as listed
and described in the Table below under “Installation Charges”.
Service charges, as listed and described in the Table below, will be assessed on a monthly basis,
and ISS will invoice the Municipality quarterly.
Municipality Network Service and Billing Matrix
Monthly Monthly FL
Yearly
Service Band-Installation County LambdaRail
Charges
Location Start Date width Charges Charges Charges
(excl. Install)
100 E. Boynton
Beach Blvd.
1/12/2010 Usage $0 $600 $100 $8,400
Boynton Beach,
FL
TOTALS $0 $600 $100 $8,400
Explanation of Charges:
Installation Charges – This is an estimated cost. The actual final cost for this installation will be billed
to the Municipality as a one-time invoice based on (1) the billing statement from the vendor for this
work and (2) the actual cost to PBC ISS of the equipment installed.
Monthly County Charges – This monthly charge consists of a flat monthly fee.
Monthly Florida LambdaRail (FLR) Charges – FLR charges the County this fee to connect the
Municipality to the FLR via PBCnet. This fee is set by the agreement between the County and the FLR
and is subject to change. This fee is a direct pass through cost to the Municipality (see Sub-section
N1. - Cost Components below).
Yearly Charges – The total annual recurring charges, excluding installation charges, paid by the
Municipality.
ISS has received approvals from the FLR for the Municipality to be connected to the Palm Beach
County fiber network and gain access to the FLR for either internet or transport purposes.
N1. Cost Components
The monthly FLR fee identified above includes direct costs incurred by ISS to connect to the
FLR. In the event the Board of Directors of the FLR implement a pricing change, ISS agrees to
review the financial impact and make appropriate rate adjustments.
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N2. Billing and Payment
The County shall submit quarterly invoices to the Municipality which shall include a reference to
Payment will be made
this Agreement and identify the amount due and payable to the County.
in accordance with the Florida Local Government Prompt Payment Act, as amended, which also
establishes a process and remedies for non-compliance.
Section O: Additional IT Services
Upon request for assistance, the ISS Director may, at the Director’s discretion, permit staff
resources to assist the Municipality in the execution of certain information technology
responsibilities. These additional services can be requested by submitting a Task Order
(Attachment 1). These services will be charged at the rate of $125/hour with a not-to-exceed
cost of $50,000 per Task Order. These services may also require the purchase of additional
resources, including but not limited to hardware and software. The Municipality is responsible
for all associated costs for these additional resources. An estimate for each Task Order will be
available upon request by the Municipality. The Municipality agrees to fully reimburse ISS for
all costs associated with the rendering of ISS staff assistance and/or information technology
resources. If the cost of services exceeds $50,000, the Task Order shall be approved by the
Board of County Commissioners.
Section P: Annual Review of Fees and Charges
ISS reserves the right to review the fees and charges included in this Exhibit on a yearly basis
and make appropriate rate adjustments. Should an adjustment be warranted, sixty (60) days
notice will be provided. Any such rate adjustments shall be reduced to writing via an
Amendment to be executed by all parties.
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6. H
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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. R13-010 -
EQUESTED CTION BY ITY OMMISSION
Approve establishing guidelines for a Short Sale Policy for the City's First Time Homebuyer
Assistance Program.
ER:
The City of Boynton Beach’s first time homebuyer
XPLANATION OF EQUEST
assistance program provided second mortgage subsidy assistance to eligible
households who were first time homebuyers. The program provided up to $75,000.00 in
second mortgage subsidy assistance, using grant funding from various local and state
sources.
H?
The City of Boynton Beach has
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
assisted first time home buyers in purchasing properties which are encumbered with a
thirty (30) year lien and require full repayment of the second mortgage subsidy if the
assisted property is sold, transferred, or abandoned prior to the expiration of the City’s
thirty year lien. Due to the current nation-wide economic crisis, many assisted
homeowners are seeking to sell/transfer title of their home by way of a “short sale
process”. Short sales occur when current residential property owners can no longer
afford their mortgage payments. These homeowners normally are seriously at risk of
losing their homes to foreclosure and seek to be allowed the sell the property for less
than the encumbrances that are on them.
Staff research has found that other governmental agencies, the National Association of
Realtors, Fannie Mae and Freddie Mac, have determined that recovery of these funds
varies anywhere from $1000 to $6000, and as high as private loan servicers seeking as
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much as 10% of unpaid subordinate loans. Palm Beach County’s policy requires a
return of $3,000 or 8% of the unpaid balance of the loan, whichever is less.
Community Improvement staff is recommending these Short Sale Policy Guidelines
which requires a settlement fee of $4,000 or eight percent (8%) of the lien, whichever is
more.
FI:
Normally the “short sale sales price” will not fully reimburse all of the
ISCAL MPACT
mortgages and liens. There are currently ninety one (91) mortgages outstanding that
run concurrently with first mortgages in the amount of $3,399,753.00.
Funds that the City receives from Short Sales will be used by the Community
Improvement Division to supplement the reduction of State Housing Initiatives
Partnership (SHIP) Program funding in the City’s housing assistance programs.
A:
Without the City having an approved Short Sale Policy, distressed
LTERNATIVES
owners of assisted properties are likely to go into foreclosure. Once theses properties
are foreclosed upon by the first mortgage lender, not only does the City risks losing all
of the second mortgage subsidy assistance provided, there is also the affect of how
long the property will be vacant, and the impact this has on neighborhoods.
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RESOLUTION R13-____
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND ESTABLISHING GUIDELINES FOR A SHORT
SALE POLICY FOR THE CITY’S FIRST TIME
HOMEBUYER ASSISTANCE PROGRAM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Boynton Beach’s first time homebuyer assistance program
provided second mortgage subsidy assistance to eligible households who were first time
homebuyers which require full repayment of the second mortgage if the property is sold,
transferred or abandoned prior to the expiration of the City’s thirty (30) year lien; and
WHEREAS,
due to the current nationwide economic crisis, many assisted
homeowners are seeking to sell/transfer title of their home by way of a “short sale process”;
and
WHEREAS
, the City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens and residents of the
City of Boynton Beach to approve the Short Sale Policy and Guidelines for the City’s First
Time Homebuyer Assistance
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida hereby
approves and established guidelines for a Short Sale Policy for the City’s First Time
Homebuyer Assistance Program, a copy of the program is attached hereto as Exhibit “A”.
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED
this ___ day of February, 2013.
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CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – Jerry Taylor
______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Wayne Segal
ATTEST:
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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City of Boynton Beach – Community Improvement Division
SHORT SALE POLICY & GUIDELINES
The City of Boynton Beach provides second mortgage subsidy assistance to first-time
home buyers through its state SHIP housing assistance programs. The City Commission
approved state regulations require the Community Improvement Division to encumber,
by way of a thirty (30) year mortgage, all single-family residential property financially
assisted with first time homebuyer grant funding. If the homeowner sells the assisted
property or transfers title in any way, the entire amount of the second mortgage subsidy
becomes due and payable to the City of Boynton Beach.
When assisted property owners become financially distressed and can no longer afford
to pay their first mortgage; or when the property owner must relocate out of Palm
Beach County, a Short Sale will be authorized based upon the following criteria:
1.The first mortgage lender must reimburse to City of Boynton Beach $4,000.00 or eight
percent (8%) of the remaining balance owed on the City’s Second Mortgage,
whichever is less.
2.The buyer of the assisted property cannot be a relative of the seller.
3.The seller of the assisted property shall not receive any money from the Short Sale
transaction.
4.Community Improvement Division must review and approve the HUD Settlement
Statement prior to the Short Sale closing.
5.Upon receipt of the Short Sale reimbursement, the City shall waive all rights to the file
future judgments for deficiency against the homeowner.
6.Upon receipt of the Short Sale reimbursement, the Community Improvement Division
shall satisfy the second mortgage subsidy. A request will be made for the City
Attorney’s office to prepare the Satisfaction for the City Manager’s signature.
7.Clients that have been assisted with the City’s Short Sale Policy are restricted from
applying to the City of Boynton Beach for funding for any of its housing assistance
programs for a period of five (5) years.
S:\Community Improvement\Agenda Requests\Agenda2013\CC 2-5-13 ShortSalePolicy.doc
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6. I
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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. R13-011 -
EQUESTED CTION BY ITY OMMISSION
nd
Accept the offer of $4,000 as settlement of the City's 2 Mortgage that exists on this property as
a result of the proposed short sale for Shannon Skiba of 293 Meadows Drive, Boynton Beach,
Florida, 33426, in the amount of $72,000 as outlined in the short sale approval letter from Select
st
Portfolio Servicing, Inc. (SPS), the 1 Mortgage Holder.
ER:
Ms. Skiba purchased her home for $190,000 in May of 2007 with
XPLANATION OF EQUEST
assistance from the City of Boynton Beach’s first time homebuyer program; the City’s second
mortgage, in the amount of $58,930, is a zero interest (0%) lien that runs concurrent with the
first mortgage. As she is unable to keep up with both her mortgage and Homeowner Association
(HOA) fees, she is about to be foreclosed upon. Ms. Skiba was able to secure a buyer for the
property, and her bank agreed to a short sale in the amount of $72,000. A Comparative market
Analysis substantiates this information.
The proposed settlement offer is in accordance with the City’s Short Sale Policy for the City’s
First Time Homebuyer Assistance Program.
H?
As most foreclosures are inevitable once
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Lis Pendens have been filed, it is in the City’s interest to allow the property to be transferred to a
new homeowner, which will help keep neighborhoods stabilized, and receive some form of
monetary recoupment though small.
FI:
Should the property go into foreclosure, the City has virtually no hope of
ISCAL MPACT
regaining any funding, and there is no indication as to how long the property would stay vacant
in the neighborhood. Allowing the short sale and bank’s offer of $4,000 will allow the City to
regain dollars to subsidize its current housing assistance funds.
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A:
Not to allow the short sale, and force the City into costly legal action with almost
LTERNATIVES
no chance of regaining any funds.
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RESOLUTION R13-____
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING
THE OFFER OF $4,000 AS SETTLEMENT OF THE
CITY’S SECOND MORTGAGE AS A RESULT OF A
PROPOSED SHORT SALE FOR SHANNON SKIBA
BASED ON THE CITY’S SHORT SALE POLICY FOR
FIRST TIME HOMEBUYER ASSISTANCE PROGRAM;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
with the assistance of the City of Boynton Beach’s first time
homebuyer assistance program Shannon Skiba purchased her home for $190,000 in May of
2007; and
WHEREAS
, the City of Boynton Beach’s second mortgage in the amount of $58,930
is a zero interest (0%) lien that runs concurrent with the first mortgage; and
WHEREAS,
rather than be foreclosed upon, the homeowner was able to secure a
buyer for the property and her bank has agreed to a short sale in the amount of $72,000; and
WHEREAS,
the proposed settlement offer is in accordance with the City’s Short
Sale Policy for the City’s First Time Homebuyer Assistance Program; and
WHEREAS
, the City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens and residents of the
City of Boynton Beach to accept the offer of $4,000 as settlement of the City’s second
Mortgage as a result of the proposed short sale for Shannon Skiba.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida hereby
accepts the offer of $4,000 as settlement of the City’s second Mortgage as a result of the
202 of 454
proposed short sale for Shannon Skiba.
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED
this ___ day of February, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – Jerry Taylor
______________________________
Commissioner – Steven Holzman
______________________________
Commissioner – Wayne Segal
ATTEST:
_______________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Reso - Accept Skiba Short Sale.doc
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6. J
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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 appointment of Carisse LeJeune to
EQUESTED CTION BY ITY OMMISSION
the position of Assistant City Manager effective February 5, 2013.
ER:
XPLANATION OF EQUEST
The Assistant City Manager position is critical to effective operations in the City
Manager’s Office. The Assistant City Manager serves as the leader for the
Administrative Services Team including the following departments and programs:
Recreation and Parks, Library, Risk Management, Information Technology, City Clerk’s
Office, Public Art, Golf Course, and Grants.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
As these functions have been successfully performed by the incumbent Assistant to the
City Manager since July 2011, approving this appointment will allow for a seamless
transition and will minimize an otherwise significant learning curve.
FI:
ISCAL MPACT
Funds are available in the FY 12/13 adopted budget for the City Manager’s Office.
Annualized salary funded is $107,000.
A:
LTERNATIVES
1. Do not ratify the appointment.
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Class Code
01029
Grade: 46
FLSA: E
CITY OF BOYNTON BEACH, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE: ASSISTANT CITY MANAGER (SERVICES)
PURPOSE OF CLASSIFICATION
The purpose of this classification is to direct operations and activities of the Information
Technology Services/GIS, Risk Management, City Clerk's Office, Public Art, Recreation &
Parks, Golf Course, Grants, Library and related departments. The position may also serve as
City Manager in absence of the City Manager.
ESSENTIAL FUNCTIONS
The following duties and functions, as outlined herein, is intended to be representative of the
type of tasks performed within this classification. They are not listed in any order of
importance. The omission of specific statements of the duties or functions does not exclude
them from the classification if the work is similar, related, or a logical assignment for this
classification. Other duties may be required and assigned.
Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing
work, counseling, disciplining, and providing regular performance feedback.
Coordinates work activities of assigned divisions/departments; organizes and prioritizes projects and
workload; makes work assignments; monitors status of work in progress and inspects completed work;
consults with assigned staff to review work requirements, status of work, and problems; assists with
complex or problem situations; provides direction, advice, and technical expertise.
Ensures compliance with all applicable codes, laws, rules, regulations, standards, policies and
procedures; ensures adherence to established safety procedures; initiates any actions necessary to
correct deviations or violations.
Consults with City Manager and other officials as needed to review division/department activities, provide
recommendations/technical expertise, resolve problems, or receive advice/direction; advises City
Manager on administrative details relating to daily functions of city government; plans, enacts, and
monitors special programs/activities as directed by City Manager; assists City Manager with certain
assigned duties.
Coordinates division/department activities with those of other divisions, departments, consultants, outside
agencies, or others as needed; participates with departments in accomplishment of activities necessary
for city operations; acts as technical advisor to other agencies/departments.
Performs the duties of City Manager in absence of City Manager and upon designation by City Manager.
Serves as team leader to coordinate operations of Administrative Services Team including, Information
Technology Services/GIS, Risk Management, City Clerk's Office, Public Art, Recreation & Parks, Golf
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Course, Grants, Library or other assigned areas; establishes goals for the division team and for individual
departments; assists departments in meeting operational objectives; participates in weekly team
meetings; coordinates team development and supervisory training in a creative "user group" environment.
Performs administrative functions associated with department/division operations; writes/updates
administrative policy manual, subject to City Manager's approval; reviews/revises procedures to
implement changes and improvements; makes suggestions to improve operational procedures; develops
methods/strategies to meet program goals/objectives consistent with county, state, federal, and
professional standards and/or needs of service population; monitors, allocates, and schedules resources
to ensure accomplishment of program goals.
Assists with preparation of annual City Budget; analyzes budget requests; researches budget-related
matters; tracks pertinent data to facilitate budget planning; monitors expenditures to remain within
established budget; develops revenue projections for next fiscal year; reviews budget
transfers/amendments for justification, fiscal impact, and conformance with applicable
policies/procedures.
Assists with preparation of agenda and support materials for City Commission meetings; serves on
committees as needed; attends board meetings, committee meetings, or other meetings; gives speeches
or presentations.
Documents all rights/obligations of the city and contractor/grantor to avoid misunderstandings regarding
contractual activity; reviews contracts/grants to ensure compliance with established policies;
amends/reconstructs contracts to comply with services needed.
Compiles or monitors various administrative and statistical data pertaining to departmental operations;
performs research as needed; makes applicable calculations; analyzes data and identifies trends;
prepares or generates reports; maintains records.
Prepares or completes various forms, reports, correspondence, logs, worksheets, graphs, tables, budget
documents, grant applications, newsletter articles, press releases, policies, procedures, or other
documents.
Receives various forms, reports, correspondence, budget documents, policies, procedures, manuals,
reference materials, or other documentation; reviews, completes, processes, forwards or retains as
appropriate.
Operates a computer to enter, retrieve, review or modify data; utilizes word processing, spreadsheet,
desktop publishing, or other software programs.
Serves as division/department representative on interdepartmental task forces and work groups at public
meetings, hearings, conferences, committee meetings, and board meetings.
Communicates with city manager, city officials, employees, other departments, consultants, regulatory
agencies, vendors, community organizations, outside agencies, the public, the media, and other
individuals as needed to coordinate work activities, review status of work, exchange information, resolve
problems, or give/receive advice/direction.
Troubleshoots problem situations; responds to complaints and questions; identifies irregularities and
potential problems before they become crucial; researches variables and alternatives before making
decisions; makes appropriate, unpopular, or difficult decisions in changing situations or under pressure.
Communicates via telephone and/or two-way radio; provides information, guidance, and assistance;
takes and relays messages.
Provides information and education to schools, civic groups, business organizations, the media, and
members of the community; gives speeches and presentations; prepares/distributes informational
materials; coordinates various public ceremonies, dedications, and special events and conducts tours as
necessary.
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Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of
new procedures, technologies, trends, and advances in the profession; reads professional literature;
maintains professional affiliations; attends workshops and training sessions as appropriate.
Responds to requests for information from the public and media representatives by assuring that current
information on city activities is easily available and accessible.
Writes grants to obtain funding for special projects and special projects.
Performs other related duties as required.
COMPETENCIES
Demonstrated ability to promote the development and performance of staff through
effective delegation, direction, support, and feedback; facilitating teamwork and creating a
work environment that encourages responsibility and decision-making at all levels of the
organization.
Demonstrated ability to build cooperation and consensus among and within diverse groups;
valuing and fostering diversity throughout the organization and community.
Demonstrated understanding of service delivery management including functional and
operational planning; determining citizen needs and providing responsive requests to the
community.
Demonstrated understanding of strategic leadership including initiative, calculated risk-
taking, vision, creativity, and innovation; understanding of information technology and
ensuring appropriate incorporation in plans to improve service delivery, information
sharing, organizational communication, and citizen access.
Demonstrated commitment to foster the values and integrity of representative government
and local democracy through action and example; promoting active citizen involvement in
local governance.
Demonstrated understanding of budgeting; assessing short and long term financial impacts,
program/service cost-effectiveness, and considering alternative strategies.
Demonstrated ability to exchange verbal and nonverbal messages with others in a way that
demonstrates respect for the individual and furthers organizational and community
objectives; effectively conveying ideas and information to others.
Demonstrated fairness, honesty, ethical, and legal awareness in personal and professional
relationships and fostering integrity throughout the organization.
MINIMUM QUALIFICATIONS
Bachelor degree from an accredited college or university in Public Administration, Journalism, Public
Relations, Political Science or Business Administration. Six (6) years experience in public administration
with exposure to municipal government operations, public relations, public finance administration, and
budgeting. Must possess and maintain a valid Florida driver’s license.
PREFERRED QUALIFICATIONS
Master degree from an accredited college or university in Public Administration or Business
Administration.
PERFORMANCE APTITUDES
Data Utilization
: Requires the ability to synthesize, hypothesize, and/or theorize concerning
data involving modification of existing policies, strategies and/or methods to meet unique or
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unusual conditions. Requires the ability to do so within the context of existing organizational
theories and management principles.
Human Interaction
: Requires the ability to function in a director capacity for a major
organizational unit requiring significant internal and external interaction.
Equipment, Machinery, Tools, and Materials Utilization
: Requires the ability to operate,
maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in
performing essential functions.
Verbal Aptitude
: Requires the ability to utilize consulting and advisory data and information, as
well as reference, descriptive and/or design data and information as applicable.
Mathematical Aptitude
: Requires the ability to perform addition, subtraction, multiplication
and division; ability to calculate decimals and percentages; may include ability to perform
mathematical operations with fractions; may include ability to compute discount, interest, profit
and loss, ratio and proportion; may include ability to calculate surface areas, volumes, weights,
and measures.
Functional Reasoning
: Requires the ability to apply principles of logical or synthesis functions;
to deal with several concrete and abstract variables; and to analyze major problems that require
complex planning for interrelated activities that can span one or several work units.
Situational Reasoning
: Requires the ability to exercise judgment, decisiveness and creativity in
critical and/or unexpected situations involving moderate risk to the organization.
ADA COMPLIANCE
Physical Ability
: Tasks require the ability to exert light physical effort in sedentary to light
work, but which may involve some lifting, carrying, pushing and/or pulling of objects and
materials of light weight (10 pounds). Tasks may involve extended periods of time at a keyboard
or work station.
Sensory Requirements
: Some tasks require the ability to perceive and discriminate sound and
visual cues or signals. Some tasks require the ability to communicate orally.
Environmental Factors
: Essential functions are regularly performed without exposure to adverse
environmental conditions.
The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the
Americans with Disabilities Act (42 U.S. C. 12101 et. seq.), the City of Boynton Beach will
provide reasonable accommodations to qualified individuals with disabilities and encourages both
prospective and current employees to discuss potential accommodations with the employer. The
physical demands described are representative of those that must be met by an employee to
successfully perform the essential functions of this job.
A review of this position has excluded the marginal functions of the position that are incidental to
the performance of fundamental job duties. All duties and responsibilities are essential job
functions and requirements are subject to possible modifications to reasonably accommodate
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individuals with disabilities. To perform this job successfully, the incumbent(s) will possess the
abilities and aptitudes to perform each duty proficiently. Some requirements may exclude
individuals who pose a direct threat of significant risk to the health or safety of themselves or
others. Requirements are representative of the minimum level of knowledge, skills, and ability.
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6. K
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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 reclassification of the Assistant to the
EQUESTED CTION BY ITY OMMISSION
City Manager to a Communications Manager.
ER:
XPLANATION OF EQUEST
The City Manager’s Office proposes this reclassification to refocus the work performed
in the department. The City had lost its Director of Media & Public Communications in
June 2011 due to retirement and subsequent budget reductions. Redefining the tasks
performed in the City Manager’s office will result in an increase in information delivery
and improved project management for the Assistant City Manager and the City
Manager.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Communications Plan
This reclassification will result in the development of a public communications program
that provides professional expertise and assistance to internal departments and
effective communications to the community so citizens receive a consistent message
regarding the City’s overall objectives, are regularly updated regarding challenges, and
have an information liaison during times of emergency.
Civic Engagement
This reclassification will also result in the development of an actionable plan for civic
engagement. Civic Engagement should result in increased trust between the City and
its citizens, decisions that reflect thorough consideration of community issues and
perspectives, and transparent decisions with stated accountabilities.
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Together, these initial priorities are expected to result in increased citizen participation,
more informed decision-making, enhanced customer service, and effectively marketing
our City’s unique assets and attributes through the dissemination of correct, factual
information to the citizen and media.
FI:
ISCAL MPACT
The Assistant to the City Manager classification is a grade 34 with a salary range of
$68,320 - $102,480. The grade for the proposed Communications Manager is a 30 with
a salary range of $62,361 - $93,542. This reclassification would result in overall salary
savings in the adopted FY 2012-2013 budget in the City Manager’s office.
A:
LTERNATIVES
1. Do not approve the reclassification.
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Class Code
xxxxx
Grade: 30
FLSA: E
CITY OF BOYNTON BEACH, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE: COMMUNICATIONS MANAGER
PURPOSE OF CLASSIFICATION
This is a highly responsible professional position with a wide scope of responsibilities to manage
the development of a City-wide communications effort. The employee in this position will
encourage positive customer contact and ensure consistent, credible, and professional
communications are continuously developed within the City. Under general direction from the City
Manager, this position will identify and assist in the development and dissemination of appropriate
communications projects, develop communication strategies, oversee all media of City
communication, including information conveyed through the website.
ESSENTIAL FUNCTIONS
The following duties and functions, as outlined herein, are intended to be representative of
the type of tasks performed within this classification. They are not listed in any order of
importance. The omission of specific statements of the duties or functions does not exclude
them from the classification if the work is similar, related, or a logical assignment for this
classification. Other duties may be required and assigned.
Designs and coordinates the City’s strategic communications plan.
Develops and maintains a database of current and proposed neighborhood groups, civic
associations and public interest groups. Attends various meetings of neighborhood groups, civic
associations or community groups to listen to and discuss issues, concerns and problems.
Presents communications policy recommendations to citizens, appointed officials and elected
officials on behalf of the City Manager and makes presentations to schools, civic groups, and
business organizations to inform or publicize programs.
Assists citizens and neighborhood groups in identifying and accessing available City services;
responds to incoming inquiries to provide information and referral services to citizens.
Develops, implements and administers marketing and outreach plans for community
engagement, including social marketing campaigns and incentives, training and education, and
multi-media promotional materials for both English and non-English speaking audiences.
Assists in selecting, supervising, training and evaluating assigned volunteers.
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Manages the public relations, public information, media and communication programs of the
City.
Maintains graphic standards for City public information, publications, and communications.
Critiques and benchmarks the development of City communications, which include establishing a
theme, working with related departments and mentoring employees and managers in the area of
communications.
Establishes training resources designed to support the communications plan.
Coordinates with departments to maximize the effectiveness, efficiency, and distribution of City
information.
Establishes and maintains professional working relationship with all media sources, including
newspapers, television and radio stations, magazines, bloggers and other news outlets to assure
accuracy of City information disseminated and identify and correct reporting errors.
Serves as the City’s EOC public information liaison during emergencies.
Facilitates the preparation and dissemination of news releases regarding City events, services and
regulations in conjunction with City departments, coordinates media conferences, and arranges
media coverage for City special events.
Prepares talking points and writes speeches as requested.
Oversees and develops the production and distribution of a variety of information and marketing
materials such as State of the City, internal and external newsletters, communications provided to
new residents and business, and video productions. Distributes and manages content for Boynton
Beach Television.
Provides training and coaching to elected officials and staff in communications, presentations, and
strategic marketing of City services and programs.
Plans, enacts, and monitors special programs/activities and events as directed by the City Manager.
Represents the City and Commission at various meetings and makes presentations to groups as
required.
Develops methods/strategies to meet program objectives complete with timetables and work plans.
Maintains close contact with all municipal departments in order to assist departments in meeting
communications objectives as appropriate.
Participates in training programs; takes advantage of other continuing education opportunities, and
reads professional publications to keep current on standards, regulations, techniques or
methodologies, etc. to remain current in specific field.
Assists in preparation of the Agenda and support material for City Commission meetings; attends
meetings of various boards and groups as assigned by the City Manager.
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Demonstrates effective oral and written communication skills and conveys ideas and information
in a clear and concise manner. Prepares and writes public information material.
Operates a computer, utilizes word processing, spreadsheet, presentation, publishing, e-mail, social
media and other software programs.
Executes special assignments under limited supervision.
Performs other related duties as required.
COMPETENCIES
Knowledge of the principles and practices of communications and marketing.
Knowledge of the principles and practices of media relations, desktop publishing, video
editing and production, and audience research.
Knowledge of web site development.
Knowledge of materials and equipment used in public information and communications,
including television, scanners, cameras, video cameras, video editing equipment, and
desktop publishing.
Skill in designing, writing, editing, and overseeing production of publications.
Skill in directing, writing, and producing government access cable television
programming.
Skill in the safe and lawful operation of a motor vehicle.
Ability to direct and train employees.
Ability to serve as the media contact for a municipal government, conducting television,
radio, and newspaper interviews; writing and issuing press releases; and providing
training and information to the media.
Ability to manage community relations programs, including crisis communication.
Ability to manage in-house cable television facility, including purchasing and
maintaining equipment and technology.
Ability to develop and implement established goals, objectives, policies, and procedures.
Ability to manage multiple special projects.
Ability to remain current on citywide issues and trends.
Ability to evaluate communications operations and recommend improvements.
Ability to develop and monitor budgets.
Ability to analyze and evaluate information accurately, and to express ideas clearly when
providing oral and written reports or recommendations.
Ability to exercise discretionary authority.
Ability to listen well and communicate effectively orally and in writing with various
audiences.
Ability to research, develop, and lead formal and informal presentations and discussions
with diverse groups.
Ability to use standard office equipment, computer equipment, and software, including
word processing, presentation, database management, spreadsheet applications, and
electronic mail.
Ability to establish and maintain effective working relationships with management,
employees, elected officials, local media, community members, and the general public.
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MINIMUM QUALIFICATIONS
Bachelor degree from an accredited college or university in communications, marketing, social media and
technology, journalism, public relations, or closely-related field. Five (5) years previous experience that
includes communications, marketing, social media and technology. Must possess and maintain a valid
Florida driver’s license.
PREFERRED QUALIFICATIONS
Master degree from an accredited college or university.
ADA COMPLIANCE
Physical Ability
: Tasks require the ability to exert light physical effort in sedentary to light
work, but which may involve some lifting, carrying, pushing and/or pulling of objects and
materials of light weight (15 pounds). Tasks may involve extended periods of time at a keyboard
or workstation.
Sensory Requirements
: Some tasks require the ability to perceive and discriminate visual cues or
signals. Some tasks require the ability to communicate orally.
Environmental Factors
: Essential functions are regularly performed in usual office conditions
with rare exposure to adverse environmental conditions.
The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the
Americans with Disabilities Act (42 U.S. C. 12101 et. seq.), the City of Boynton Beach will
provide reasonable accommodations to qualified individuals with disabilities and encourages both
prospective and current employees to discuss potential accommodations with the employer. The
physical demands described are representative of those that must be met by an employee to
successfully perform the essential functions of this job.
A review of this position has excluded the marginal functions of the position that are incidental to
the performance of fundamental job duties. All duties and responsibilities are essential job
functions and requirements are subject to possible modifications to reasonably accommodate
individuals with disabilities. To perform this job successfully, the incumbent(s) will possess the
abilities and aptitudes to perform each duty proficiently. Some requirements may exclude
individuals who pose a direct threat of significant risk to the health or safety of themselves or
others. Requirements are representative of the minimum level of knowledge, skills, and ability.
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CITY OF BOYNTON BEACH
COMMUNICATIONS BUSINESS PLANNING MODEL
DRAFT
The following document has been summarized from the ICMA IQ Report Volume
35/Number 4 – Communications in Local Government: A Business Planning Model,
utilizing the best practices from nine (9) different municipalities throughout the country.
Local governments are moving away from the traditional public information office to a
more comprehensive interpretation of the function that can be called public
communications.
A public communications program provides significant professional expertise and
assistance to internal departments, develops and follows a specific strategic plan with
short-term and long-term strategies, and uses program evaluation to measure its
progress toward goals. There are several key drivers for implementing a public
communications program:
Informed citizens make better citizens.
Simply disseminating information is not enough.
The concept of initiating a real dialogue with constituents has become important.
These key drivers require:
The need for high levels of clear and concise communication from local
government.
The opportunity for stakeholders to provide input into the issues at hand.
Managing communications output to network affiliates, daily newspapers,
periodic special publications (newsletters, annual reports, brochures, etc.)
The ability to communicate with several non-English speaking populations.
Managing internet and social media outlets
Providing items of interest to residents and businesses including news, events,
job postings, requests for proposals, agendas and minutes, construction projects,
and more.
It is vitally important for the organization to be effective in its communications about the
health of the government, its priorities, spending patterns, revenue patterns, and
performance so community members have a baseline understanding of the challenges.
These are the key goals of a communications function. Not communicating these key
themes and issues makes it more challenging for the government to be accurately
perceived by the community.
The organization has to be clear about its communication goals, which should be
strategic to the overall organization. The communication plan should be built around
those goals and the organization has to devote the necessary resources to accomplish
this task.
Communications Strategy
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A good communications plan must link communications activities to city-wide goals and
organizational strategy.
The goals and objectives of the communications plan should include a list of action
items divided by organizational communication and departmental ownership. In order to
drive implementation and achievement, there needs to be at least one target objective
for each goal to measure success.
The communications plan should be reviewed annually and take into consideration the
external influences on local government communications:
New Technology
Community Involvement
Public Input
Multitude of media channels
Language barriers
Fort Collins, Colorado has addressed the challenge of new technology by creating an e-
government team that brings together an IT liaison group and public information group
made up of employees from various departments. Their Communications Manager
directs the e-government team that is responsible for researching and pursuing possible
electronic and Web technology functions that will improve customer services. Some of
their established goals and outcomes include:
Combining the content and the infrastructure, creating a link between the
message and the message delivery system.
Elevate the importance of technology in providing services to citizens.
Improve the quality of information being shared with the public.
Use resources and data more efficiently.
Enhance public access and expand the reach of GIS information to the entire
organization.
A Communication Professional to guide and manage the communications plan brings
organizational value through the development of specific strategies, meeting goals and
performance outlines. Factors to be considered for a public communications
professional include:
Resources
Skill sets
Expectations
Results
The communications function for the City of Boynton Beach can revolve around a single
communications professional with minimal support from the City Manager’s Office for
clerical help. The overall communications program will include:
Annual Communications Plan
Public Input Strategy
Supporting Public Input Processes
External Communications
Internal Communications
Web Site Coordination
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Communications Manager
A Communications Manager is an integral part of the organization’s overall
management team and is included in the organization’s leadership and management
structure. The Communications Manager should report to the City Manager or
Assistant City Manager and have the full authority of the City Manager’s Office.
Professional Background
A Communications Manager should have a background in the following areas:
Television production
Television news
Television studio management
Advertising programs
Marketing programs
Radio production
Journalism/newspaper editor/copywriting
A Communication Manager should have Skill Sets in the following areas:
Desktop publishing
Editing
Photography
Web design
Event coordination
Volunteer program management
Supervisory skills
Range of Communications Services provided by Communications Manager:
Web site and Intranet content management
Press releases
Marketing
Monthly newsletters (external & internal)
Annual Reports & Brochures (Water Quality Report, Budget in Brief, Utility Bill
inserts, State of the City, etc.)
Prerecorded information lines
Public Access Channel management
Desktop publishing
Volunteer programs and designing civic engagement process.
Community relations programs (public meetings, town-hall meetings, city
services institute, staff ambassador program, etc.)
Managing e-mail listservs on hot topics, project updates, etc.
Multiple languages for print and electronic media.
Media relations training for staff and establish guidelines for media interviews.
(Employee Communication Guide – BB Promise)
Training staff to work with citizens (staff ambassadors – BB Promise)
Conduct surveys
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The Communications Manager guides all public communications programs by setting
the overall strategy and working through decentralized staff who don’t specifically report
to him/her. Communications staff resides in other departments and these staff
members have communications responsibilities on behalf of each department.
One example is a distributed model for Web site content management. Each
department designates a “content master” who coordinates content postings and is
responsible for keeping his or her section(s) of the Web site up to date. The content
master’s job description is modified to include this task and the department director’s job
description is modified to include this as a high priority.
Organizational Goal: Civic Engagement
One identified organizational goal for the City of Boynton Beach is to create a strategic
plan for Civic Engagement. A Communications Manager would include this initiative
within the Communications Plan through establishing clear goals and objectives,
implementation strategies and measurable outcomes.
Citizen Engagement should result in:
Increased trust between government and citizens
Decisions that reflect a thorough consideration of community issues and
perspectives
Transparent and trackable decisions with stated accountabilities
Increased understanding of issues
Generation of new ideas
Discovery of possible compromises
Citizen Engagement requires the following elements:
Genuine intent and attitude by the local government and its citizens to engage in
a public process to help make better decisions
A clearly defined process that identifies participant roles
A variety of ways to participate and influence decisions
Occurrence early enough in the process to influence the outcome
Effective two-way communication throughout the process
Dialogue and deliberation as a part of the process
A Communications Manager would be responsible for creating and managing the Civic
Engagement Process. Below is an outline of the Civic Engagement Process developed
by Ashland, Oregon for their Citizen Participation Program.
Issue generation: Issues can derive from multiple sources; Commission, staff,
1.
citizens, Federal or state entities, other agencies, etc.
Issue identification: Define the problem, the information needed, history of the
2.
problem, and create a list of stakeholders that might have a perceived interest
in the issue.
Process parameters identification: Is it a non-negotiable issue not suitable for
3.
public participation such as issues of a moral, ethical, legal, safety or financial
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nature? Citizens can challenge these items but the local government must
have defensible reasons to exclude them from the process.
Clarification of decision makers: Who has the final authority to make the
4.
decision? This must be made very clear from the beginning.
Goals and timeline determination: Real or anticipated restraints are identified.
5.
What are the time limitations, costs, staff availability, technical complexity,
public interest, political climate and size and nature of the stakeholder group?
Project goals and benchmarks are set and responsibilities are assigned.
Determination of citizens participation process: How should the citizens be
6.
engaged? If issue requires individual judgment or opinions, focus group
interviews, random sample surveys, response forms, newspaper inserts, or
direct mail can be used. If issue requires community problem-solving, then
workshops, charrets, open houses, and discussion forums can be used.
Complicated and technical issues might best us committees, workshop series
or work with existing advisory boards. The outcome of this phase is the civic
engagement process.
Laying foundation and information gathering: Members involved begin by
7.
clarifying the issue and tasks that will be required to meet their goals. They
must define and adopt behavioral guidelines and develop a plan for
communicating its progress to decision makers and interested parties.
Launching process: Identifying situations of potential conflict early and
8.
including people who may feel threatened by the outcome increase the
chances for successful outcomes. Initial outreach should communicate the
problem, the decision parameters, the process, the preliminary time-lines of
the project and the various ways to become involved.
Project completion: Throughout the remainder of the project, communicate
9.
often and clearly with citizens, elected officials, other local governments, staff
members, the news media and other affected agencies.
Decision making: Those charged with making final decisions review the
10.
outcome of the project completion and act on it. The decision and the
rationale behind it are communicated to the public.
Implementation: Strategies for implementation of the outcome are
11.
documented and assigned.
Evaluation: It is essential to evaluate the civic engagement process and
12.
eventual outcome of the decision-making process. The evaluations need to
be documented, shared with decision makers and maintained in a manner
that makes them accessible for public review.
In closing, there is no question that a communications program competes with other
priorities and many will not see the value of investing in public communications at the
expense of other more fundamental services. In a down economy, where government
revenues are significantly lower than previous years, it becomes even more important to
have at least a minimal communications program. But there is great potential payback
from this investment in terms of increased citizen participation, better informed decision
making, enhanced customer service, and dispelling negative perceptions about the city
by effectively marketing our unique assets and attributes and pushing correct, factual
information out to the citizens and media.
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6. L
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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. R13-012 -
EQUESTED CTION BY ITY OMMISSION
Authorize the execution of the Agreements for Purchase and Sale of Real Property for the
th
acquisition by the City of 118-120 and 124-126 NW 10 Avenue
ER:
The two properties were acquired by the CRA in
XPLANATION OF EQUEST
November, 2012 from Gail and Andrew Luchey. At this time, approval of the
Agreements is required in order to provide for the transfer of the properties to the City.
The City and the CRA will split the closing costs 50/50.
H?
The land transfer assists with the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
assemblage of land in the HOB area to allow for redevelopment.
FI:
ISCAL MPACT
1. The CRA shall pay for the grading and sodding of both lots within 30 days
post closing. They will also locate barriers (railroad ties) along the property
line abutting the street in order to keep vehicles from traveling onto the lots.
2. The City will also install No Trespassing signs on the lots to prevent loitering.
3. The City and the CRA will split the closing costs.
A:
Do not approve the agreements. The properties will remain under the
LTERNATIVES
ownership of the CRA.
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RESOLUTION NO. R13-______
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING THE ACQUISITION OF REAL
TH
PROPERTY KNOWN AS 118-120 AND 124-126 NW 10
AVENUE FROM THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY AND AUTHORIZES THE
MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the two properties were acquired by the CRA in November, 2012 from Gail
and Andrew Luchey; and
WHEREAS,
the City Commission, upon recommendation of staff, has deemed it to be in
the best interests of the citizens and residents of the City to approve the Purchase and Sale
th
Agreement to acquire property located at 118-120 and 124-126 N.W. 10 Avenue, Boynton
Beach currently owned by the Boynton Beach Community Redevelopment Agency.
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
authorize the acquisition of property from the Boynton Beach Community Redevelopment
th
Agency for the property at 118-120 and 124-126 N.W. 10 Avenue and authorizes the Mayor to
execute all necessary documents.
Section 3. This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this _____ day of February, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
_______________________________
Vice Mayor – Mack McCray
_______________________________
Commissioner – Jerry Taylor
________________________________
Commissioner – Steven Holzman
_______________________________
Commissioner – Wayne Segal
Attest:
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT is made and entered into as of this ____ day of ______, 2013
Boynton Beach Community Redevelopment Agency, a
(“Agreement”) by and between the
Florida public body corporate and politic created pursuant to Section 163.356 F.S,
whose
post office address is 710 North Federal Highway, Boynton Beach, FL 33435 (hereinafter referred
City of Boynton Beach, a Florida municipal corporation,
to as "SELLER") andthe whose post
office address is 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 (hereinafter referred
to as "PURCHASER").
W I T N E S S E T H
In consideration of the mutual agreements and upon and subject to the terms and
conditions herein contained, the parties hereto agree as follows:
1. DEFINITIONS.
The following terms when used in this Agreement for Purchase and Sale shall have the
following meanings:
th
1.1 Property. Those certain properties located at 118-120 NW 10 Avenue, and
th
124-126 NW 10 Avenue, Boynton Beach, Florida, together with a buildings thereon and attached
personal property (collectively the “Property") which Property is more particularly described with the
Exhibit "A,"
legal description in attached hereto and made a part hereof.
1.2 Closing. The delivery of a General Warranty Deed to PURCHASER
concurrently with the delivery of the purchase price and other cash consideration to SELLER.
1.3 Closing Date. The Closing Date shall occur on or before thirty (30) days
after the Effective Date.
1.4 Deed. A General Warranty Deed, in its statutory form, which shall convey
the Property from SELLER to PURCHASER.
1.5 Effective Date. The Effective Date of this Agreement shall be the date upon
its execution by all parties to this Agreement: SELLER, PURCHASER and the Escrow Agent.
1.6 SELLER'S Address. Seller’s mailing address is 710 North Federal Highway,
Boynton Beach, FL 33435.
1.7 PURCHASER'S Address. Purchaser’s mailing address is 100 E. Boynton
Beach Boulevard, Boynton Beach, FL 33435.
1.8 Other Definitions. The terms defined in any part of this Agreement shall
have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement,
the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of
each gender shall be deemed to comprehend either or both of the other genders. As used in this
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Agreement, the terms "herein", "hereof" and the like refer to this Agreement in its entirety and not to
any specific section or subsection.
2. PURCHASE PRICE.
Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to
PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property
Exhibit "A"Ten and 00/100 ($10.00)
previously identified on for the total Purchase Price of
Dollars, other good and valuable consideration, and upon and subject to the terms and conditions
hereinafter set forth. PURCHASER shall pay the Purchase Price to SELLER at Closing pursuant
to the terms of this Agreement by check or wire transfer of readily negotiable funds to an account
identified in writing by SELLER. The Purchase includes:
(a) All buildings and improvements located on the Land;
(b) All right-of-ways, alleys, waters, privileges, easements and appurtenances
which are on or benefit all the Land, subject to any existing easements, and dedications of rights-
of-way for the benefit of any governmental entity;
(c) All right, title and interest, if any, of SELLER in any Land lying in the bed of
any public or private street or highway, opened or proposed, in front any of the adjoining Property
to the center line thereof. The sale also includes any right of SELLER to any unpaid award to
which SELLER may be entitled: (1) due to taking by condemnation of any right, title or interest of
SELLER and (2) for any damage to the Land due to change of grade of any street or highway.
SELLER will deliver to PURCHASER at closing, or thereafter on demand, proper instruments for
the conveyance of title and the assignment and collection of award and damages;
(d) To the extent transferable, all licenses, permits, contracts and leases, if
applicable, with respect to the property.
3. SELLER'S REPRESENTATIONS.
To induce PURCHASER to enter into this Agreement, SELLER makes the
following representations, all of which, to the best of SELLER’S knowledge, in all
material respects and except as otherwise provided in this Agreement (i) are now true,
and (ii) shall be true as of the date of the Closing unless SELLER receives information to
the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall be
provided immediate notice as to the change to the following representations:
3.1 At all times from the Effective Date until prior to Closing, SELLER shall
keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or
materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER
prior to the Closing.
3.2 SELLER has no actual knowledge nor has SELLER received any notice of
any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by
any organization, person, individual or governmental agency which would affect (as to any
threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use,
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occupancy or value of the Property or any part thereof or which would otherwise relate to the Land.
3.3 SELLER has full power and authority to enter into this Agreement and to
assume and perform SELLER’S obligations hereunder in this Agreement. SELLER does not and
will not conflict with or result in the breach of any condition or provision, or constitute a default
under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the
Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease,
agreement, indenture, instrument or judgment to which the SELLER is a party of which is or
purports to be binding upon the SELLER or which affects the SELLER; no action by any federal,
state or municipal or other governmental department, CRA, board, bureau or instrumentality is
necessary to make this Agreement a valid instrument binding upon the SELLER in accordance
with its terms.
3.4 SELLER represents that SELLER will not, between the date of this
Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not
be unreasonably withheld or delayed, except in the ordinary course of business, create by
SELLER’S consent any encumbrances on the Property. For purposes of this provision the term
"encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments,
rights-of-way, leases, easements, covenants, conditions or restrictions.
3.5 SELLER represents that there are no parties other than SELLER in
possession of the Property or any portion of the Property as a lessee.
3.6 SELLER shall not list or offer the Property for sale or solicit or negotiate
offers to purchase the Property while this Agreement is in effect. SELLER shall use SELLER’S
best efforts to maintain the Property in its present condition so as to ensure that it shall remain
substantially in the same condition from the Effective Date up to and including the Closing Date.
3.7 SELLER represents that SELLER has no actual knowledge nor has
SELLER received any notice that the Land has been, is presently or is contemplated to be utilized
as a reservoir of hazardous material. As used herein, the term “Hazardous Material” shall mean
any substance, water or material which has been determined by any state, federal or local
government authority to be capable of posing a risk of injury to health, safety and property,
including, but not limited to, all of those materials, wastes and substances designated as
hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor,
the U.S. Department of Transportation, and/or any other state or local governmental agency now or
hereafter authorized to regulate materials and substances in the environment (collectively
“Governmental Authority(ies)”).
4. EVIDENCE OF TITLE.
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4.1 Title to the Property. SELLER shall convey to PURCHASER at Closing, by
delivery of a General Warranty Deed, title to the subject Property. PURCHASER may, within fifteen
(15) days of the commencement of the Inspection Period, secure a title insurance commitment
issued by a title insurance underwriter approved and selected by PURCHASER for the Property
insuring PURCHASER'S title to the Property subject only to those exceptions set forth in the
commitment. The costs and expenses relative to the issuance of a title commitment and an
owner's title policy shall be borne by the PURCHASER.
PURCHASER shall have fifteen (15) days from the date of receiving said
commitment to examine the title commitment. If PURCHASER objects to any exception to title as
shown in the title commitment, PURCHASER, prior to ten (10) days of expiration of the Inspection
Period, shall notify SELLER in writing specifying the specific exception(s) to which it objects. Any
objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure,
shall be cured by SELLER so as to enable the removal of said objection(s) from the title
commitment within ten (10) days after PURCHASER has provided notice to SELLER. Within five
(5) days after the expiration of SELLER'S time to cure any objection, SELLER shall send to
PURCHASER a notice in writing (a "cure notice") stating either (1) that the objection has been
cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to
cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure all
objections within the time period set forth in the preceding sentence, then PURCHASER may (a)
terminate this Agreement by written notice to the SELLER within five (5) days after receipt of a cure
notice specifying an uncured objection, in which event all instruments and monies held by the
Escrow Agent shall be immediately returned to PURCHASER; or (b) subject to the provisions set
forth below, proceed to close the transaction contemplated herein despite the uncured objection.
4.2. Survey and Legal Description. Within ten (10) days of the commencement of
the Inspection Period, PURCHASER at PURCHASER’S own expense may order: (i) a survey
prepared by a registered land surveyor or engineer licensed in the State of Florida showing the
boundaries of the land, and the location of any easements thereon and certifying the number of
acres (to the nearest one thousandth acre) of land contained in the Property, all buildings,
improvements and encroachments; and (ii) a correct legal description of the Property which, upon
approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the
legal description used in the deed of conveyance. The survey and legal description shall be
prepared and certified by a surveyor licensed and registered in the State of Florida and shall
comply with the requirements of the survey map established in connection with the issuance of an
owner's title insurance policy on the Land. The survey shall be certified to PURCHASER and the
title insurance company issuing the title insurance.
235 of 454
5. PURCHASER’S REPRESENTATIONS.
PURCHASER hereby represents and warrants to the best of PURCHASER’S knowledge
that all of the following are true and correct:
(a) PURCHASER has full power and authority to enter into this
Agreement and to assume and perform all of its obligations hereunder.
(b) The execution and delivery of this Agreement and the
consummation of the transaction contemplated hereunder on the part of the
PURCHASER do not and will not violate the corporate or organizational documents
of PURCHASER and will not conflict with or result in the breach of any condition or
provision, or constitute a default under, or result in the creation or imposition of any
lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien,
lease, agreement, indenture, instrument or judgment to which the PURCHASER is
a party.
(c) No action by any federal, state, municipal or other governmental
department, CRA, board, bureau or instrumentality is necessary to make this
Agreement a valid instrument binding upon PURCHASER in accordance with its
terms and conditions.
All of the representations, warranties and covenants of PURCHASER contained in this
Agreement or in any other document, delivered to SELLER in connection with the transaction
contemplated herein shall be true and correct in all material respects and not in default at the
time of Closing, just as though they were made at such time.
6. CONDITIONS PRECEDENT TO CLOSING.
Each of the following events or occurrences (“Conditions Precedents”) shall be a condition
precedent to PURCHASER'S obligation to close this transaction:
(a) That the PURCHASER has not notified the SELLER that it
has deemed the property to be unsuitable for its intended purpose as a
result of the Investigations conducted on the Property during the
Inspection Period.
(b) SELLER has performed all covenants, agreements and obligations, and
complied with all conditions required by this Agreement to convey clear and
marketable title of the Property to PURCHASER, prior to closing.
(c) SELLER shall release any municipal liens in which the SELLER has an
interest with respect to the Property, upon the PURCHASER paying any
outstanding administrative fees related to the municipal liens.
(d) Approval of this Agreement by the Boynton Beach Community
Redevelopment Agency.
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(e) Approval of this Agreement by the City of Boynton Beach City Commission.
7. RISK OF LOSS.
Risk of loss or damage from fire, other casualty, or both, is assumed by SELLER until
the deed is delivered by SELLER to PURCHASER. In the event any portion of the Property is
destroyed, rendered unleaseable or dysfunctional by fire or other casualty then the following
shall apply:
(a) Unless the SELLER undertakes its own repairs, or chooses
not to file an insurance claim, in its sole and absolute discretion, if the
damage, as determined by the insurance adjuster, is not more than Ten
Thousand and 00/100 Dollars ($10,000.00): (i) PURCHASER shall
complete settlement and all insurance proceeds relating to the
improvements damaged by such casualty loss shall be paid to the
PURCHASER, and (ii) SELLER shall assign to PURCHASER on the date of
Closing the full amount of any proceeds payable under SELLER'S fire and
extended coverage insurance policy applicable to said damage;
(b) If the damage, as determined by the insurance adjuster, is
more than Ten Thousand and 00/100 Dollars ($10,000.00) DOLLARS,
PURCHASER shall have the option to (i) complete the settlement
hereunder and collect all available insurance proceeds relating to the
improvements damaged by such casualty loss, in which case SELLER shall
pay to PURCHASER on the date of Closing the full amount of any
deductible under SELLER'S fire and extended coverage insurance policy, or
(ii) terminate this Agreement and receive a refund of entire deposit and
interest. SELLER warrants that it shall maintain until the date of the Closing
adequate "All Risk" property insurance; and:
(c) In the event the Property, or any portion thereof, is
condemned by any governmental authority under its power of eminent
domain or becomes the subject of a notice of condemnation, prior to
Closing, PURCHASER may elect to terminate this Agreement, or
PURCHASER may elect to complete settlement hereunder, in which event
SELLER shall assign to PURCHASER all of SELLER'S right, title and
interest in and to any condemnation awards, whether pending or already
paid, as may be applicable to the loss of the real property and the
improvements located thereon, and there shall be no adjustment to the
Purchase Price.
8. CLOSING DOCUMENTS.
At closing, SELLER shall deliver to PURCHASER a General Warranty Deed, Bill of Sale, if
applicable, No Lien/Gap Affidavit, Non-Foreign Certification in accordance with Section 1445 of the
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Internal Revenue Code, 1099 Form and any other documents as listed as title requirements in
Schedule B-I of the Title Commitment to assure the conveyance of good and marketable fee
simple title of the Property to the PURCHASER.
9. CLOSING COSTS, TAXES AND PRORATIONS.
9.1 SELLER shall pay for the following items prior to or at the time of closing:
a) Cost and expense related to updating the title and providing marketable title as
provided herein, and
b) Documentary Stamps on the deed as provided under Chapter 201, Florida
Statutes, if required.
c) One half of the attorney's fees and courier costs incurred to close the
transaction.
9.2 PURCHASER shall pay for the following items prior to or at the time of Closing:
a) Costs associated to appraisals, survey, environmental reports (phase I and
phase II);
b) Recording fees of the Warranty Deed, and any other instrument as required to be
recorded in the Public Records;
c) Owner’s title insurance policy (normally a Seller’s charge in Palm Beach County).
d) One half of the attorney's fees and courier costs incurred to close the transaction.
10. CLOSING DATE AND PLACE.
The Closing will take place on or before the expiration of thirty (30) days subsequent to the
th
Effective Date at the law offices of Goren, Cherof, Doody & Ezrol, P.A located at 76 NE 5 Avenue,
Delray Beach, Florida 33483.
11. DEFAULT.
In the event of a default by SELLER, PURCHASER shall have the right to pursue
equitable relief to enforce the terms and conditions of this Agreement either through a decree
for specific performance or injunctive relief.
12. CONTINGENCIES
. PURCHASER’S obligations under the Agreement are
contingent upon the following:
(a) The conveyance of clear and marketable title to the property.
(b) The Boynton Beach Community Redevelopment Agency authorizes the transaction.
(c) The City of Boynton Beach City Commission authorizes the transaction.
13. BROKER.
The parties each represent to the other that they have not dealt with any real estate
broker, real estate salesman or finder in conjunction with this transaction who is entitled to a fee
or brokerage commission in accordance with Florida law.
14. ENFORCEABILITY.
If any provision in this Agreement shall be held to be excessively broad, it shall be
238 of 454
construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable
law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held
illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this
Agreement.
15. NOTICE.
All written notices shall be deemed effective if sent to the following places:
PURCHASER: Boynton Beach Community Redevelopment Agency
710 North Federal Highway
Boynton Beach, FL 33435
Attn: Vivian Brooks, Executive Director
SELLER: City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
Attn: Lori LaVerriere, City Manager
16. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of Florida. Venue shall be in the
Federal or State Courts in Palm Beach County, Florida.
17. ENTIRE AGREEMENT.
All prior understandings and agreements between SELLER and PURCHASER are merged
in this Agreement. This Agreement completely expresses their full agreement.
18. AMENDMENT.
No modification or amendment of this Agreement shall be of any force or effect unless in
writing and executed by both SELLER and PURCHASER.
19. SUCCESSORS.
This Agreement shall apply to and bind the executors, administrators, successors and
assigns of SELLER and PURCHASER.
20. COUNTERPARTS:
This Agreement may be executed in two or more counterparts, each of which shall be
taken to be an original and all collectively deemed one instrument. The parties hereto agree that a
facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals.
22.LITIGATION COSTS:
In connection with any litigation arising out of this Agreement, the prevailing party shall be
entitled to recover from the non-prevailing party all costs and expenses incurred, including its
reasonable attorney’s fees at all trial and appellate levels and post judgment proceedings.
23. PROPERTY MAINTENANCE COSTS:
The SELLER shall pay for costs associated with the installation of sod and barriers (railroad
ties) around the Property no later than thirty (30) days after closing. The PURCHASER shall be
responsible for removal of any concrete and the demolition of any structures which may exist on
239 of 454
the Property following closing. The PURCHASER shall also be responsible for posting “No
Trespassing” signs on the Property. This Paragraph shall survive closing.
(SIGNATURE PAGE TO FOLLOW)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
indicated above:
Witnesses:
SELLER:
Boynton Beach Community
Redevelopment Agency
___________________________ ______________________________
Print Name: _________________ Woodrow Hay, Chair
___________________________
Print Name: _________________
Signed on: ___________________
Witnesses: SELLER:
City of Boynton Beach
__________________________
Print Name: _______________
__________________________
Print Name: ________________ ________________________________
Woodrow Hay, Mayor
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Signed on : ___________________
_______________________________
Janet Prainito, City Clerk
Approved as to Legal Form:
______________________________
Office of the City Attorney
H:\_GOV CLIENTS\BB 306\_900182 GM\AGREEMENTS\AGREEMENT OF PURCHASE AND SALE(Former Luchey Properties).doc
241 of 454
EXHIBIT “A”
LEGAL DESCRIPTION
Parcel 1. Folio No. 08-43-45-21-09-000-0011
th
118-120 NW 10 Avenue
Boynton Beach, FL 33435
Parcel 2. Folio No. 08-43-45-21-09-000-0031
th
124-126 NW 10 Avenue
Boynton Beach, FL 33435
(SUBJECT TO VERIFICATION BY SURVEY TO BE OBTAINED BY PURCHASER)
242 of 454
6. M
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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. R13-013 -
EQUESTED CTION BY ITY OMMISSION
Approve an agreement with ADAAG Consulting Services, LLC of Miami, FL for "ADA
CONSULTANT SERVICES" in the amount of $51,620 as a result of RFQ #074-2510-12/JMA.
In addition, staff is requesting a 10% contingency amount of $5,162 for unforeseen items in
connection with this agreement as subsequent support with ADA compliance regulations for a
total expenditure not to exceed $56,782.
ER:
On December 18, 2012 the City Commission approved the
XPLANATION OF EQUEST
list of top ranking qualifiers identified by the Evaluation Committee from the responses
received from RFQ #074-2510-12/JMA and authorized staff to negotiate with ADAAG
Consulting Services, LLC, the top ranked qualifier.
The City issued the above RFQ for “ADA Consultant Services” to comply with ADA
Standards for State and Local Government Facilities (Title II) by altering our older
facilities for ADA compliance. The RFQ was advertised and submittals were due on
October 4, 2012 at 2:30 p.m. The City received and reviewed twelve (12) proposals
and submitted the top three (3) ranked qualifiers to the City Commission on December
18, 2012 for approval and authorization to move forward with negotiations for
compensation of services with ADAAG Consulting Services, LLC. As a result
negotiations were held on January 24, 2013 in accordance with Florida State Statute
287-55, Consultants’ Competitive Negotiations Act.
The approximate time for completion is 120 calendar days from execution of agreement.
ADAAG’s response provided the option for on-going support for an additional 245
calendar days at the same hourly rates as proposed for this project.
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ADAAG Consulting Services, LLC will review and provide a comprehensive report of all
inspected sites in accordance with ADA Standards for State and Local Government
(Title II) including cost estimates, suggestions for solutions and a priority ranking for the
projects items. This will provide the City a transition plan to follow in future years to
implement the various project items.
H?
This will provide a comprehensive
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
report of all City sites detailing the compliance of each location and solutions for those
facilities and sites not in compliance with Title II.
FI:
The agreement will be paid from CIP funds account number 302-4101-
ISCAL MPACT
580-49-17, Project Number CP0801 in the FY 2012-13 budget.
A:
Not approve the agreement and negotiate with the second ranked firm.
LTERNATIVES
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RESOLUTION NO. R13-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA
APPROVING A CONSULTANT AGREEMENT WITH ADAAG
CONSULTING SERVICES, LLC., OF MIAMI, FLORIDA FOR “ADA
CONSULTANT SERVICES” IN RESPONSE TO RFQ #074-2510-
12/JMA IN THE AMOUNT OF $51,620 PLUS A 10% CONTINGENCY
OF $5,162 FOR A TOTAL EXPENDITURE NOT TO EXCEED $56,782;
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSULTANT AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE
.
WHEREAS,
on December 18, 2012, the City Commission approved the list of top
ranking qualifiers identified by the Evaluation Committee from responses received to RFQ #074-
2510-12/JMA and authorized staff to negotiate with ADAAG Consulting Services, LLC.; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation
of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve
a Consultant Agreement for RFQ #074-2510-12/JMA for “ADA CONSULTANT SERVICES”
with ADAAG Consulting Services, LLC., of Miami, Florida and authorizes the City Manager to
execute the Consultant Agreement in an amount of $51,620 plus 10% contingency amount of
$5,162 for a total expenditure not to exceed $56,782.
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 a Consultant Agreement for RFQ #074-2510-12/JMA for “ADA CONSULTANT
SERVICES” with ADAAG Consulting Services, LLC., of Miami, Florida and authorizes the
City Manager to execute the Consultant Agreement in an amount of $51,620 plus 10%
contingency amount of $5,162 for a total expenditure not to exceed $56,782, a copy of which is
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attached hereto as Exhibit “A”.
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this _____ day of February, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow L. Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – Jerry Taylor
_______________________________
Commissioner – Steven Holzman
ATTEST:
_______________________________
Commissioner – Wayne Segal
_____________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\Reso - Approve Consultant Agreement (ADA).doc
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CONSULTANT AGREEMENT
ADA CONSULTANT SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
ADAAG CONSULTING SERVICES, LLC
as “the City”, and _____________, hereinafter
referred to as “the Consultant”, in consideration of the mutual benefits, terms, and conditions
hereinafter specified.
WHEREAS, THE City issued a “Request for Qualifications invitation for ADA
CONSULTANT SERVICES” for the City of Boynton Beach, RFQ No. 074-2510-12/JMA and the
City of Boynton Beach is seeking to comply with ADA Standards for State and Local
Government Facilities (Title II) by altering our older facilities for ADA compliance. Below is an
outline of the requested tasks to be accomplished.
WHEREAS, RFQ No. 074-2510-12/JMA further defined Scope of Services (Exhibit A)
as:
1. An Architect or Professional Engineer, licensed in the State of Florida shall conduct a site
visit and interview City Staff for each of the facilities to identify architectural and structural
communication barriers that may limit access in existing buildings.
2. Assess the existing physical facilities, communication equipment and current procedures for
accessibility.
3. Provide a comprehensive report of all inspected sites: parks, facilities, buildings, equipment
and offices from attached Exhibit ‘B’. As a minimum, the following information is required:
List of all areas and items inspected;
A compliance assessment of each location;
List any potential barriers detailing code section and deficiencies and compliance if there
are no barriers.
4. Identify non-compliant facilities, equipment, and procedures based on a multiple priority
scale based on the severity of the barrier. As a minimum, use the following rating:
Barrier that poses a safety issue for limited mobility staff and/or patrons;
Barrier that must be removed for program access;
Low priority barrier, not required by law, but a best management practice.
Barrier removal not recommended. (Under the program access standard for existing
Construction, not all barriers are required to be removed.)
5. Develop suggestions for barrier removal or program solution for each barrier.
6. Develop a priority ranking for the recommended solutions.
7. Develop detailed cost estimates for the project items, inclusive of construction, site
improvements or amenities; furniture, fixtures and equipment (FF&E).
8. Deliver one presentation of the completed report to the City of Boynton Beach ADA Steering
Committee.
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It is the intent of this request to provide complete, detailed, professional inspection services for
the ADA compliance evaluation. Incidental items necessary to complete this work shall be
included in the respondent’s proposal if not specifically listed in items 1 through 8.
WHEREAS, Consultant timely submitted its qualifications in accordance with the
Request for Qualifications invitation, the City’s Procurement Code, and Florida Statute 287.055,
the Consultants’ Competitive Negotiations Act; and
WHEREAS, the City Administrative review team determined that Consultant was
qualified for appointment to perform the scope of services set forth in the Request for
Qualifications invitation; and
December 18
WHEREAS, the City Commission on _____, 2012, accepted the City
11
Administration’s recommendation and designated Consultant as one of ____qualified
consulting firms to provide general engineering services to the city; and
WHEREAS, the City Manager, through his administrative staff, has successfully
negotiated an Agreement with Consultant defining terms and conditions for the performance of
consulting and engineering services within the scope of the Request for Qualifications invitation.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the
parties agree as follows:
ARTICLE 1 - SERVICES
Consultant agrees to perform consultant services as described in Scope of Services.
ARTICLE 2 - TERM
The Consultant shall be available to commence services on the date of the execution of
this Contract until project completion issued by the CITY.
ARTICLE 3 - PAYMENT
The Consultant shall be paid by the City for completed work and for services rendered
under this agreement as follows:
__$51,620.00____
a. The agreement price of, shall be the total amount of payment to
Consultant for services provided
b. The Consultant may submit vouchers to the City once per month during the
progress of the work for partial payment for project completed to date. Such
vouchers will be checked by the City, and upon approval thereof, payment will be
made to the Consultant in the amount approved.
c. Final payment of any balance due the Consultant of the total contract price earned
will be made 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 shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
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ARTICLE 4 - 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. Any use of the
documents for purposes other than as originally intended by this Agreement, with out the written
consent of Consultant, shall be at the City’s sole risk.
ARTICLE 5 - FUNDING
This Agreement shall remain in full force and effect only as long as the expenditures
provided in the Agreement have been appropriated by the City Commission of Boynton Beach
in the annual budget for each fiscal year of this Agreement, and is subject to termination based
on lack of funding.
ARTICLE 6 - WARRANTIES AND REPRESENTATIONS
Consultant represents and warrants to the City that it is competent to engage in the
scope of services contemplated under this Agreement and that it will retain and assign qualified
professionals to all assigned projects during the term of this Agreement. Consultant’s services
shall meet a standard of care for professional engineering and related services equal to or
exceeding the standard of care for engineering professional practicing under similar conditions.
In submitting its response to the RFQ, Consultant has represented to City that certain
individuals employed by Consultant shall provide services to City pursuant to this Agreement.
City has relied upon such representations. Therefore, Consultant shall not change the
designated Project Manager for any project without the advance written approval of the City,
which consent may be withheld in the sole and absolute discretion of the City.
ARTICLE 7 - COMPLIANCE WITH LAWS
Consultant shall, in performing the services contemplated by this service Agreement,
faithfully observe and comply with all federal, state and local laws, ordinances and regulations
that are applicable to the services to be rendered under this agreement.
ARTICLE 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. Neither party to this Agreement shall
be liable to any third party claiming directly or through the other respective party, for any special,
incidental, indirect or consequential damages of any kind, including but not limited to lost profits
or use that my result from this Agreement or out of the services or goods furnished hereunder.
ARTICLE 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 $2,000.000 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
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(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.
ARTICLE 10 - INDEPENDENT CONTRACTOR
The Consultant and the City agree that the Consultant is an independent consultant with
respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto.
Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded
City employees by virtue of the services provided under this Agreement. The City shall not be
responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an
employer with respect to Consultant, or any employee of Consultant.
Consultant acknowledges and understands that, as an independent consultant pursuant
to this Agreement, Consultant shall comply with Chapter 119, Florida Statutes, as amended
(Public Records). Consultant’s obligation includes, but is not limited to Consultant’s obligation
to preserve public records and make public records available to third parties in addition to the
City.
ARTICLE 11 - COVENANT AGAINST CONTINGENT FEES
The Consultant warrants that he has not employed or retained any company or person,
other than a bona fide employee working solely for the Consultant, to solicit or secure this
Agreement, and that he has not paid or agreed to pay any company or person, other than a
bona fide employee working solely for the Consultant, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, the City shall have the right
to annul this Agreement without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
ARTICLE 12 – TRUTH-IN-NEGOTIATION CERTIFICATE
13.1 Execution of this Agreement by the Consultant shall act as the execution of a
truth-in-negotiation certificate certifying that the wage rates and costs used to
determine the compensation provided for in this Agreement is accurate,
complete, and current as of the date of the Agreement and no higher than those
charged the Consultant’s most favored customer for the same or substantially
similar service.
13.2 The said rates and cost shall be adjusted to exclude any significant sums should
the City determine that the rates and costs were increased due to inaccurate,
incomplete, or non-current wage rates or due to inaccurate representations of
fees paid to outside consultants. The City shall exercise its rights under this
“Certificate” within one (1) year following payment.
ARTICLE 13 - 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.
ARTICLE 14 - ASSIGNMENT
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The Consultant shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the City.
ARTICLE 15 - NON-WAIVER
A waiver by either City or Consultant of any breach of this Agreement shall not be binding
upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a
waiver shall not affect the waiving party’s rights with respect to any other or further breach. The
making or acceptance of a payment by either party with knowledge of the existence of a default or
breach shall not operate or be construed to operate as a waiver of any subsequent default or
breach.
ARTICLE 16 – TERMINATION
16.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon ten (10) days of written notice by the terminating party to the
other party for such termination in which event the Consultant shall be paid its
compensation for services performed to termination date, including services
reasonably related to termination. In the event that the Consultant abandons the
Agreement or causes it to be terminated, Consultant shall indemnify the City
against loss pertaining to this termination.
16.2 Termination for Default: In addition to all other remedies available to the City,
this Agreement shall be subject to cancellation by the City for cause, should the
Consultant neglect or fail to perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such neglect or failure continue
for a period of thirty (30) days after receipt by Consultant of written notice of such
neglect or failure.
ARTICLE 17 - 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.
ARTICLE 18 – UNCONTROLLABLE FORCES
18.1 Neither the City nor Consultant shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable
Forces, the effect of which, by the exercise of reasonable diligence, the non-
performing party could not avoid. The term “Uncontrollable Forces” shall mean
any event which results in the prevention or delay of performance by a party of its
obligations under this Agreement and which is beyond the reasonable control of
the non-performing party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
18.2 Neither party shall, however, be excused from performance if non-performance is
due to forces which are preventable, removable, or remediable, and which the
non-performing party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The non-performing
party shall, within a reasonable time of being prevented or delayed from
performance by an uncontrollable force, give written notice to the other party
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describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
ARTICLE 19 - NOTICES
Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
Attn: ANDREW MACK
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Notices to Consultant/Engineer shall be sent to the following address:
ADAAG Consulting Svcs, LLC
Attn: Ricardo Londono
1385 Coral Way PH 401
Miami, FL 33145
ARTICLE 20 - INTEGRATED AGREEMENT
This Agreement, together with the RFQ/RFP and any addenda and/or attachments,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
Agreement may be amended only by written instrument signed by both City and Consultant.
ARTICLE 21 - SOVEREIGN IMMUNITY
21.1 City is a political subdivision of the State of Florida and enjoys sovereign
immunity. Nothing in the Agreement is intended, nor shall be construed or
interpreted, to waive or modify the immunities and limitations on liability provided
for in Section 768.28, Florida Statute, as may be emended from time to time, or
any successor statute thereof. To the contrary, all terms and provisions
contained in the Agreement, or any disagreement or dispute concerning it, shall
be construed or resolved so as to insure City of the limitation from liability
provided to any successor statute thereof. To the contrary, all terms and
provision contained in the Agreement, or any disagreement or dispute
concerning it, shall be construed or resolved so as to insure City of the limitation
from liability provided to the State’s subdivisions by state law.
21.2 In connection with any litigation or other proceeding arising out of the Agreement,
the prevailing party shall be entitled to recover its own costs and attorney fees
through and including any appeals and any post-judgment proceedings. City’s
liability for costs and attorney’s fees, however, shall not alter or waive City’s
entitlement to sovereign immunity, or extend City’s liability beyond the limits
established in Section 768.28, Florida Statutes, as amended.
1. Claims, disputes or other matters in question between the parties to this
Agreement arising out of or relating to this Agreement shall be in a court of
law. The City does not consent to mediation or arbitration for any matter
connected to this Agreement.
2. The parties agree that any action arising out of this Agreement shall take
place in Palm Beach County, Florida.
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IN WITNESS WHEREOF
, the parties hereto have executed this Agreement in multiple copies,
each of which shall be considered an original on the following dates:
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
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EXHIBIT “A”
SCOPE OF SERVICES
The City of Boynton Beach is seeking to comply with ADA Standards for State and Local
Government Facilities (Title II) by altering our older facilities for ADA compliance. Below is an
outline of the requested tasks to be accomplished.
1. An Architect or Professional Engineer, licensed in the State of Florida shall conduct a site
visit and interview City Staff for each of the facilities to identify architectural and structural
communication barriers that may limit access in existing buildings.
2. Assess the existing physical facilities, communication equipment and current procedures for
accessibility.
3. Provide a comprehensive report of all inspected sites: parks, facilities, buildings, equipment
and offices from attached Exhibit ‘A’. As a minimum, the following information is required:
List of all areas and items inspected;
A compliance assessment of each location;
List any potential barriers detailing code section and deficiencies and compliance if there
are no barriers.
4. Identify non-compliant facilities, equipment, and procedures based on a multiple priority
scale based on the severity of the barrier. As a minimum, use the following rating:
Barrier that poses a safety issue for limited mobility staff and/or patrons;
Barrier that must be removed for program access;
Low priority barrier, not required by law, but a best management practice.
Barrier removal not recommended. (Under the program access standard for existing
Construction, not all barriers are required to be removed.)
5. Develop suggestions for barrier removal or program solution for each barrier.
6. Develop a priority ranking for the recommended solutions.
7. Develop detailed cost estimates for the project items, inclusive of construction, site
improvements or amenities; furniture, fixtures and equipment (FF&E).
8. Deliver one presentation of the completed report to the City of Boynton Beach ADA Steering
Committee.
It is the intent of this request to provide complete, detailed, professional inspection services for
the ADA compliance evaluation. Incidental items necessary to complete this work shall be
included in the respondent’s proposal if not specifically listed in items 1. through 8.
RESOURCES
The City of Boynton Beach will provide information as it relates to the project, e.g.: a facility
listing with an access review; and Building Floor Plans as available.
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6. N
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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 Marianne Lentini-
EQUESTED CTION BY ITY OMMISSION
Bernaducci, a regular member of the Recreation and Parks Board
ER:
Marianne Lentini-Bernaducci has submitted her resignation
XPLANATION OF EQUEST
as a regular member of the Recreation and Parks Board because she will be unable to
attend the meetings due to business commitments.
H?
The Recreation and Parks Board
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
will have a vacant position.
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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6. O
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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 Regular City
EQUESTED CTION BY ITY OMMISSION
Commission meeting held on January 15, 2013
The City Commission met on January 15, 2013 and minutes were prepared from the
notes taken at the meetings. The Florida Statutes provide that minutes of all
Commission meetings be prepared, approved and maintained in the records of the City
of Boynton Beach.
H?
A record of the actions taken by
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
the City Commission will be maintained as a permanent record.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. P
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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 John Sparrell, a regular
EQUESTED CTION BY ITY OMMISSION
member of the Financial Advisory Committee
ER:
John Sparrell submitted her resignation from the Financial
XPLANATION OF EQUEST
Advisory Committee.
H?
The Financial Advisory Committee
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
will have a vacant position.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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6. Q
CONSENT AGENDA
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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 Mark Karageorge, an
EQUESTED CTION BY ITY OMMISSION
alternate member of the Special Events Ad Hoc Committee
ER:
Mark Karageorge advised, due to scheduling difficulties, he
XPLANATION OF EQUEST
was resigning from the Special Events Ad Hoc Committee.
H?
The Special Events Ad Hoc
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Committee will have a vacant position.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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7. A
BIDS AND PURCHASES OVER $100,000
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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 one year extension for the "ANNUAL
EQUESTED CTION BY ITY OMMISSION
SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA", Bid No. 026-2821-12/JMA
with Brenntag Mid-South Inc. of Orlando, FL. Estimated annual expenditure is $130,000 and the
product will be ordered on an "As Needed" basis. This is the first of two (2) one-year extensions
as provided in the bid documents. The bid extension is from March 2, 2013 to March 1, 2014
EXTENSIONTERM:
M2,2013THROUGHM1,2014
ARCH ARCH
ER:
On January 24, 2012, Procurement Services received and
XPLANATION OF EQUEST
opened four (4) bid proposals for the supply of sodium hydroxide. Based on the bid
submittals and Utilities staff recommendations, the bid was awarded to Brenntag Mid-
South Inc. on March 6, 2012. This bid term expires on March 1, 2013. However, the bid
documents allow for two one-year extensions with the same terms and conditions as the
original bid. The Utilities Department has been satisfied with this product and Brenntag
Mid-South has agreed to a one year renewal with the same terms, conditions and
pricing.
H?
Feed water to the West Water
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Treatment Plant has a high pH and contains the dissolved gas hydrogen sulfide.
Sulfuric acid is therefore added to the feedwater before the membrane filtration system
to lower the pH, thereby aiding in reducing the formation of calcium carbonate scale on
the membranes. However, this produces carbon dioxide which, along with hydrogen
sulfide, remains dissolved in the water and is not separated out by the membrane
system. During the degasification process that follows, sodium hydroxide is added to
the system to neutralize the corrosive and noxious odors associated with the release of
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hydrogen sulfide to the atmosphere. This addition also raises the pH which prevents
scaling of the pipelines to the consumer. Thus, minimal adjustment of pH or removal of
hydrogen sulfide would pose great risks to the City’s infrastructure and to public health.
FI:
Funds are available in account number 401-2811-536-52-35.
ISCAL MPACT
Actual Expenditure for Sodium Hydroxide in FY 2009/2010: $126,347
Actual Expenditure for Sodium Hydroxide in FY 2010/2011: $95,080
Actual Expenditure for Sodium Hydroxide in FY 2011/2012: $129,707
A:
The City of Boynton Beach could explore the use of other neutralizing
LTERNATIVES
agents or anti-scalants. However, this may lead to higher water treatment costs or
possible water quality infractions.
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10. A
CITY MANAGER’S REPORT
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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:
Hear presentation from Police Department on
EQUESTED CTION BY ITY OMMISSION
Citywide Crime Statistics
ER:
The department compiles crime statistics on perpetual
XPLANATION OF EQUEST
basis. In accordance with Florida Department of Law Enforcement and Department of
Justice regulations the yearly statistics are submitted in order to compile a nationwide
crime picture. At the request of Vice Mayor McCray the year-end crime stats will be
previewed for the commission with a comparison to calendar year 2011 stats.
H?
No effect on programs or services.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None.
ISCAL MPACT
A:
None.
LTERNATIVES
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11. A
UNFINISHED BUSINESS
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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RACC:
Authorize the Mayor and City Attorney to negotiate
EQUESTED CTION BY ITY OMMISSION
an employment contract with City Manager Lori LaVerriere
ER:
The City Commission appointed Lori LaVerriere as City
XPLANATION OF EQUEST
Manager on December 18, 2012. Currently Mrs. LaVerriere has an appointment letter
as Assistant City Manager. A contract for City Manager is needed.
A draft contract will be presented to the City Commission on February 19, 2013 for final
approval.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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RACC:
Review follow-up actions addressing traffic
EQUESTED CTION BY ITY OMMISSION
conditions along Old Dixie Highway and provide direction to staff regarding any future traffic
mitigation measures desired.
ER:
At its December 4, 2012 the City Commission heard
XPLANATION OF EQUEST
resident concerns about traffic conditions along Old Dixie Highway from Gulfstream
Boulevard to Federal Highway. The primary concerns expressed by residents involved
the large volume of trucks using Old Dixie Highway that originated from the construction
site of Seabourn Cove, and from Walmart to a lesser degree. Residents also referred to
speeding automobiles but those concerns were not as pronounced.
Much of the Commission discussion focused upon closing Old Dixie Highway during the
remainder of construction duration of Seabourn Cove. The temporary closure cost was
estimated to be around $19,000 but a more detailed plan was required to fully quantify
costs of barricades and the maintenance of same. The Commission explored the
potential to have the Seabourn Cove developer fund the temporary road closure during
the remainder of construction in order to forcefully deter construction vehicles from
using Old Dixie Highway through the road’s northerly residential section. Ultimately,
The City Commission directed staff to spend $250 to fully develop costs for temporary
road closure during the remainder of Seabourn Cove Construction. The Commission
also requested that both Seabourn Cove and Walmart be advised of the potential road
closure.
Within days of the December 4 Commission action, City staff received notice from the
Seabourn Cove developer that they were not interested in participating in a temporary
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road closure along Old Dixie Highway for the remaining construction duration. Rather
surprisingly, the developer advised staff that it was his intent to relocate all construction
vehicles from Old Dixie Highway to Federal Highway. The following week the developer
removed all temporary construction driveways from the Seabourn Cove construction
site onto Old Dixie Highway and placed construction fence along the entire westerly
property line. As a result, there are no Seabourn Cove construction vehicles utilizing Old
Dixie Highway thereby eliminating the need for the temporary road closure.
Both the City Manager and Public Works Director reached out to residents that were
instrumental in moving this matter before the City Commission a few months ago. Staff
was advised verbally by one local resident that truck traffic has reduced considerably
since Seabourn Cove closed construction access to Old Dixie Highway and also
advised that Walmart management has been much better at directing their delivery
vehicles away from Old Dixie Highway, although stray trucks still traverse the route
occasionally. Staff received follow-up email from a second resident who continues to
express concern that truck traffic, although lessened, is a continuing safety concern.
New concern was expressed about speeds of Boynton Beach Solid Waste vehicles.
That concern has been emphatically addressed with City employees. The desire for
permanent road closure remains. Lastly, staff received one unsolicited letter wherein
the writer opines that sidewalk is preferable to road closure.
As a result of the referenced actions by the developer of Seabourn Cove, there no
longer remains a need to design and install temporary road closure barricades on Old
Dixie Highway in order to eliminate construction truck traffic. If the Commission desires
to close the road then the permanent closure option outlined previously by staff remains
viable. Automobile speeding remains and is of a nature that is typically experienced
City-wide.
Based upon experience in evaluating City wide traffic conditions, Staff believes that no
further City action, other that routine Police presence for speed enforcement, is
warranted.
H?
None.
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
No further capital expenses are recommended. Police enforcement
ISCAL MPACT
costs will be absorbed in the current Police Department operating budget.
A:
Future traffic studies to determine if other traffic control measures are
LTERNATIVES
warranted.
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Review traffic control options on Old Dixie
EQUESTED CTION BY ITY OMMISSION
Highway.
ER:
The City has received several resident concerns about
XPLANATION OF EQUEST
traffic conditions along Old Dixie Highway from Gulfstream Boulevard to Federal
Highway. Specific concern has focused on both speeding vehicles and excessive truck
traffic. At our July 17, 2012 Commission meeting Ms. Linda Stabile and Ms. Toni
Donlon presented a petition (attached) from neighbors expressing their concerns for
safety, namely large truck volume and speeding vehicles.
Over the past several months staff has been discussing this matter with several of the
residents in the neighborhood. Attached you will find an engineering report drafted by
staff that evaluates the conditions that were cited and explores several options to
address these concerns.
With the recently constructed Walmart, traffic volume has increased as anticipated.
Based on several studies (detailed in attached report) the traffic counts are actually
4.9% higher than originally projected. This is not an unusual or unacceptable variation.
Additionally, with the construction of Seabourn Cove underway, we know that
construction vehicles are using Old Dixie Highway north of Seabourn Cove despite the
fact that the contractor has posted signs on site advising construction vehicles to turn
south towards Gulfstream when leaving. Staff has had discussions with Seabourn Cove
to direct their construction vehicles south on Old Dixie Hwy. Our Police Department has
begun increased traffic enforcement in the area.
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Staff anticipates that once Seabourn Cove Phase II is completed there will no longer be
construction vehicles nor will there be construction employees utilizing Old Dixie
Highway. We anticipate the problem will cease.
After careful review of numerous options (outlined in attached report) and lengthy
discussions with neighborhood representatives, the option of a temporary road closure
was identified as a viable alternative for Commission consideration.
H?
To be determined depending on
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
option chosen.
Fiscal Impact
: All options and costs are outlined in the attached documents ranging
from $18,700 - $107,000, none of which are currently budgeted. Should the
Commission desire to proceed with any of the options staff will need to review the
budget and current programs to determine where funds may be made available.
Alternatives:
Choose another alternative; take no action.
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Old Dixie Highway Traffic Mitigation Options
Jeffrey R. Livergood, P.E.
November 2012
The City has received several resident concerns about traffic conditions along Old Dixie
Highway from Gulfstream Boulevard to Federal Highway. Specific attention has
focused on vehicular volume, vehicle speeds, and vehicle classification (trucks, for
example). The intent of this staff report is to evaluate potential traffic mitigation
measures that would address these concerns.
Old Dixie Highway History
The historical significance of Dixie Highway (or Old Dixie Highway as named in some
sections) is quite fascinating. This roadway was created from 1914 to 1926 and served
as the primary migration route for people from the north to the south. To further
research this history, staff conferred with Warren Adams, City Historic Preservation
Planner who provided historical documentation of Old Dixie Highway prepared by
Dearborn Preservation Research Inc. The Dearborn discussion is included in this
report.
Old Dixie Highway has a following much like the famous Route 66 that moved people
westward. In fact, there are numerous printed directions for those who wish to travel
this nostalgic corridor. One such route is noted at the following web site:
http://www.us-highways.com/dixiehwye.htm
Staff provides the above information as part of this report because the Commission may
wish to consider the historical characteristics of Old Dixie Highway as it deliberates
various traffic mitigation measures.
Old Dixie Highway – Current Conditions
The construction of Federal Highway in Boynton Beach changed the historical traffic
usage of Old Dixie Highway. Today Old Dixie Highways functions as a local collector
route in that it “collects” traffic from adjacent roadways and properties and carries that
traffic to larger arterial highways.
Recently, Walmart constructed a new store on the north side of Gulfstream Boulevard
between Federal Highway and Old Dixie Highway. During the planning process for this
store, there was much public discussion about the potential to change traffic conditions
in the region, particularly along Old Dixie Highway. As a result, traffic conditions
(volumes and speeds) were measured pre and post Walmart construction to accurately
gauge the traffic impact.
Traffic Volume
Pre Walmart traffic on Old Dixie Highway 649 veh. per day
(Measured by Kimley Horn in 2010)
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Projected traffic on Old Dixie (developer traffic study) 973 veh. per day
(649 + 324 estimated trips that would use Old Dixie)
Post Walmart traffic on Old Dixie Highway 1052 veh. per day
(Measured by City Staff, March 2012)
Post Walmart traffic on Old Dixie Highway 1023 veh. per day
(Measured by Kimley Horn, October 2012
The actual traffic on Old Dixie is somewhat higher today (1023 versus 973) than
what was anticipated by the traffic engineer for Walmart. This variance of 50
vehicles is 4.9% of the current measured volume. Staff notes that it is likely that
some of these 50 vehicles can be attributed to construction activity at Seabourn
Cove. We know that construction vehicles are using Old Dixie Highway north of
Seabourn Cove despite the fact that the contractor has posted signs on site advising
construction vehicles to turn south towards Gulfstream when leaving. Furthermore, it
is both difficult and impractical for the Seabourn Cove developer to restrict private
automobiles of employees from travelling on any portion Old Dixie Highway, a public
street. Regardless, we know that when Seabourn Cove is complete there will no
longer be construction vehicles nor will there be construction employees utilizing Old
Dixie Highway.
Staff finds the traffic volume on Old Dixie Highway is reasonably in conformance
with the projections put forth during Walmart plan review and subsequent City
Commission approval. By approving the Walmart site plan, the City was in fact
approving and accepting the traffic growth on Old Dixie Highway. Furthermore, Old
Dixie Highway has always functioned as a collector roadway since it terminates at
Federal Highway and continues into Delray Beach. The current traffic volume of
1023 cars is reasonable for this roadway and will decrease when Seabourn Cove is
complete. Note that Seabourn Cove Phase I provides for a secondary, resident only,
gated access onto Old Dixie Highway. This access location is farther south and will
likely be seldom used with the majority of traffic distributed south to Gulfstream
Boulevard.
Staff does not find the traffic volume on Old Dixie to be unreasonable when
compared to other collector roads within the City. Examples of similar collector type
roads in the City would include the following roads east of I-95.
1. Mission Hill Road
2. Chapel Hill Boulevard
3. Ocean Avenue
4. Martin Luther King Jr. Blvd
5. Gateway Boulevard, east of Seacrest
6. Miner Road
Vehicle Speed
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Speeds along the route vary by locations. Staff specifically measured vehicle speeds
in two locations since the roadway characteristics are markedly different along the
corridor. For reference, the posted speed limit is 30 MPH.
Speed Analysis Number 1 – Southern Portion of Old Dixie adjacent to Seabourn
Cove
th
The measured 85 percentile speed at this location was 40 MPH in March 2012
a measured at 39 MPH in October 2012. This is expected since there are few
driveways (conflict points) in this vicinity. The railroad tracks are on the west side
of the right of way. This design yields a more “open” feeling to the motorist,
hence the higher speeds. FDOT speed zone determination processes would
suggest that the posted speed limit on this portion of Old Dixie Highway should
be greater than 30 MPH. Staff does not recommend raising this speed limit
given the close proximity to residential areas to the north.
Speed Analysis Number 2 – Northern Portion of Old Dixie in the residential area
th
The measured 85 percentile speed at this location was 33 MPH in March 2012.
This is a reasonable measurement for a road posted with a speed limit of 30
MPH and is very consistent with other studies conducted over the years in other
parts of the City. Although engineers do not use “average speed” for data
analysis, staff notes that the average speed measured was 27 MPH in the
residential area.
Given the unique design of the residential area, staff would support a speed limit
reduction to 25 MPH. There are a number of access points and sight obstructions
that would allow this reduction. However, reduction of the speed limit to 25 MPH
would place an enforcement burden upon the Police Traffic Division, a unit of the
Police Department that is in high demand throughout the City.
Vehicle Classification
Subsequent to completion of Walmart, area residents have expressed concern
about what they believe to be excessive truck traffic on Old Dixie Highway through
the residential portion of Old Dixie Highway. Staff observations, combined with
resident reports, confirm that trucks from the Seabourn Cove construction site
continue to use Old Dixie Highway to the north and there continue to be Walmart
delivery trucks along this route as well. Upon completion of Seabourn Cove,
construction traffic will be virtually eliminated and only a few rogue Walmart delivery
vehicles will remain, assuming that Walmart management fails to better control their
delivery vehicles.
Obviously, trucks travelling at a speed greater than the posted speed limit are more
hazardous than speeding automobiles. The extent of damage from a collision with a
heavy truck is far more severe than with an automobile. Therefore, it is always
desirable to minimize truck/vehicle collisions where possible. Furthermore,
minimizing pedestrian conflicts can enhance safety.
As a result of the closeout of Walmart, City staff asked the design engineer for
Walmart to conduct a vehicle classification study along Old Dixie Highway so that
vehicles types could be tallied over a 24 hour representative weekday. The
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classification study was conducted on October 23, 2012 and yielded the following
data:
75.7% passenger cars
16.9% pick-up trucks / vans
1.2% buses
1.2% motorcycles / scooters
4.1% two-axle six-tire single-unit trucks
0.5% three-axle single-unit trucks
0.4% four+ axle single-unit trucks
Staff recognizes that this merely represents one sample day and does not capture
those unique days where construction traffic may be worse. However, the measured
classification data on this date does not suggest a truck volume is extraordinary,
particularly when considering three and four axle trucks. With respect to buses, staff
has no further data to report other than public school students do not have bus stops
on Old Dixie. Rather, students residing along Old Dixie walk to the bus stops,
primarily on Federal Highway, or they are driven to school by their parents.
Summary of Traffic Conditions on Old Dixie Highway
Staff finds that traffic volume and speed are comparable to other similar streets
within Boynton Beach. Truck traffic volume has been elevated during the
construction of Walmart and Seabourn Cove despite numerous City requests of the
developer to have these vehicles redirected to the south. Construction truck traffic
comprises the vast majority of the truck traffic on Old Dixie Highway and these
vehicles will obviously no longer be present when construction is complete.
Staff finds that traffic conditions on Old Dixie Highway are acceptable when
compared to the rest of the City.
Resident Concerns and Possible Mitigation Measures
It is important to note that staff evaluation of traffic conditions on Old Dixie is an
analytical engineering analysis. It is absolutely necessary to collect accurate data for
evaluation and comparison City-wide because it is this very data that engineers use to
formulate solutions to measurable problems. It is imperative to sufficiently measure
traffic conditions in order to utilize the most effective mitigation techniques. As noted
above, staff does not find that traffic conditions warrant utilization of mitigation
techniques from a strictly analytical perspective.
This analytical analysis has been completed void of personal opinion and does not
consider community vision by elected officials. Residents who reside adjacent to, or
near, Old Dixie Highway have their own unique perspective of traffic conditions that are
likely not be identified in the analytical data. This is a normal phenomenon because
residents are witness to all the good and the bad driving behaviors near their homes.
As such, residents residing along Old Dixie Highway have asked that the City consider
traffic mitigation measures that could improve their quality of life.
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Should the City Commission wish to respond to resident concerns by implementing
certain mitigation measures, staff suggests that the following alternatives be considered:
1. Restrict Truck Traffic: This is a very simple solution that eliminates all truck
traffic on Old Dixie Highway, even though the measured volume is relatively low
and will be lower yet upon complete of area construction projects. The City has,
in fact, placed signs on the south end of Old Dixie restricting truck traffic on Old
Dixie. Furthermore, the Florida Department of Transportation is willing to install
truck restriction signs on Federal Highway in advance of turning movements onto
Old Dixie Highway from Federal Highway. This will require a subsequent
separate resolution by the City Commission. Restrictions such as this require
compliance by truck operators and can impart an added enforcement
requirement on the Police Department.
2. Place Traffic Calming Measures: The study of traffic calming measures is far
more expansive than this agenda item is intended to capture. Traffic calming,
however, is essentially a modification in roadway design characteristics that
change a motorist’s driving behavior, usually for the betterment of an area.
Traffic calming measures should not be used indiscriminately and should be
used only where traffic conditions are so unique and/or hazardous and they
should be used only after all other traditional traffic mitigation measures (Police
presence, for example) have been exhausted. Implementation of traffic calming
can be a strain on local municipal resources during the technical analysis of
warrant criteria, the evaluation of traffic calming applied to a specific area, and
then capital implementation.
In 2002, In order to manage traffic calming requests throughout the City, the City
Commission codified minimum thresholds that must be met for the City to even
consider traffic calming. The belief was that simple traffic counts could first be
used to gauge traffic volumes and speeding and, if the thresholds were
exceeded, additional in depth study would be warranted. The City Code does
not guarantee traffic calming would be applied. The provisions of Section 14-6
are as follows:
Sec. 14-6. Traffic calming measures.
(a) The city shall consider placement of traffic calming measures only upon
completion of an initial traffic study. Traffic calming shall be considered:
(1) Only on those local streets with average daily traffic volumes greater
than 500 vehicles per day; and
(2) Only when the 85th percentile speed is greater than 30 mph for those
streets posted at 25 mph, or greater than 35 mph for those streets posted at 30
mph.
(b) Signing, striping and other devices identifying traffic calming measures
shall conform to the current Manual on Uniform Traffic Control Devices.
Even though the Old Dixie Highway traffic volume exceeds 500 vehicles per day;
th
the 85 percentile speed is 33 MPH and therefore does not exceed the threshold
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outlined above. Therefore, traffic calming measures cannot be utilized on Old
Dixie Highway.
Of course, the City Commission could amend the City Code to allow lower
thresholds to serve as the trigger to review traffic calming measures City-wide.
However, this must be uniformly applied to all parts of the City suggesting more
frequent public requests for traffic studies and traffic calming. These analyses
cannot be completed with current staffing levels nor can traffic calming measures
be implemented given current Capital Improvement Plan budget constraints.
3. Consider Road Closure: One could successfully argue that a road closure is
merely another form of traffic calming and therefore the City Code provisions
related to traffic calming would apply. However, road design is often considered
integral to neighborhood planning and subsequent road closure could be simply
a modification of the neighborhood plan. There is no doubt that closing Old Dixie
Highway would mitigate many of the resident traffic concerns.
Public streets are for use by everyone. Therefore, closing any roadway should
be done with due consideration to all those users include nearby residents,
delivery vehicles, garbage collection, postal services, transportation vehicles, and
most importantly emergency vehicles (Police and Fire).
At the request of residents, staff has prepared a potential road closure plan and
construction cost estimate. Staff believes that the proper location to close Old
Dixie would be in the vicinity of Miller Road. The design contemplates back to
back cul-de-sacs and landscaping.
The estimated cost to permanently close the Old Dixie Highway is approximately
$107,000. This expense is not contemplated in the current year budget.
Temporary Road Closure: As an alternate, the City could consider closing Old
Dixie Highway on a temporary basis until the completion of the Seabourn Cove
project(s). In order to accomplish this, staff had a traffic control company prepare
a proposal that contemplates closure of Old Dixie Highway to through traffic at
both Federal Highway and Miller Road via the placement of construction
barricades and signs. The initial cost to implement the temporary closure is
$2,500 with an ongoing rental expense of $900 per month. The closure would be
in place until the completion of Seabourn Cove Phase II, a period of around 18
months, yielding a total temporary closure cost estimated at $18,700. This
expense is not contemplated in the current year budget. Staff believes it may be
possible to have the developer of Seabourn Cove share in this expense.
However, there have been no discussions with the developer in this regard
pending direction from the City Commission.
4. Construct Sidewalks: When the public expresses concerns about traffic, those
concerns are usually based upon hazards that can arise when there is conflict
between other vehicles or pedestrians.
City staff is a strong proponent of constructing sidewalks in our community where
possible. In fact, until only recently as a result of budget reduction, the City was
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spending around $150,000 annually on sidewalk construction. Staff believes that
construction of sidewalks through the residential portion of Old Dixie Highway is
likely the most effective measure to impart safety in the local neighborhood. It
just makes sense that if you can separate pedestrians from motor vehicles then
safety is greatly enhanced. This is true in any traffic scenario.
As part of this evaluation, staff has prepared a proposed sidewalk plan and
construction cost estimate. The design contemplates construction of sidewalk on
the south side of Old Dixie Highway and connecting to what will be a new
sidewalk linear park on the east side of Old Dixie Highway that is being
constructed by the developer of Seabourn Cove. Construction of the sidewalk
through the residential area would then provide safe walking for area residents all
the way to Gulfstream Boulevard and would provide safe access to student bus
stops.
The estimated cost to construct sidewalks is approximately $92,000. This
expense is not contemplated in the current year budget.
5. Increase Police Presence: Police presence is always an outstanding deterrent to
aberrant driving behavior.
Community Impact
1. Restrict Truck traffic. As discussed above, it is very likely that when all area
home construction is complete, the truck volume, even though minimal now, will
decrease much further. Staff supports the restriction on trucks but cautions that
this places an enforcement burden upon the Police Department.
2. Place traffic calming measures. Because the minimum code standards are not
realized, traffic calming cannot be considered on Old Dixie Highway. As noted,
the Commission could amend the City Code to reduce the standards City-wide.
Staff does not support this action given current staffing levels and reduced capital
budget levels.
3. Road Closure: Closing a roadway to address very localized traffic concerns may
satisfy a select group of residents. But, as noted earlier, prior to closing a road
further analysis of the more global impact upon others would be required. Impact
on commerce and, more importantly, impact on emergency response times to
those residing south of the closure should be considered. Also of note is that
there is a boat storage facility just north of Miller Road that encroaches into the
public right of way. To construct the northern cul-de-sac, that encroachment onto
public land will have to be eliminated.
Temporary Road Closure: Lastly, as noted earlier, the City may wish to consider
a temporary closure of Old Dixie highway by placing construction barricades.
This closure would provide that local traffic only be allowed to access Old Dixie
Highway from Federal Highway and the road would be blocked completely at
Miller Road. The temporary closure would be removed upon completion of the
Seabourn Cove project(s). During the closure period staff would measure traffic
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speed and volume in order to measure the impact of road closure on traffic in the
neighborhood.
4. Sidewalk Construction: Sidewalk construction in this area would likely have the
most positive benefit for the safety of pedestrians. Residents could walk to the
new Walmart and enjoy the new passive linear park. Students would have safer
movement to bus stops. Absent sidewalk, residents will have to walk along the
road edge. But, sidewalk construction would have its drawbacks as well. Many
residents park their private vehicles in the public right of way and have placed
plantings in the public right of way. In order to construct sidewalk on public right
of way, residents would have to accommodate their private parking needs on
their own property and those plants blocking the new sidewalk would be
removed. In fact, clearing the right of way improves sight lines for those exiting
driveways.
Report Summary
Staff finds that the existing traffic conditions on Old Dixie Highway are similar to
many other streets in the City. Volume on Old Dixie Highway is reasonable
compared to the remainder of the City and speeds are comparable as well. Staff
acknowledges that truck traffic is higher than would be expected on most other
residential streets but it is fairly certain that truck volume will decrease
significantly upon completion of the Seabourn Cove.
The City Commission may choose to implement one or more of the possible
traffic mitigation measures. However, none of the above alternatives are
budgeted. Should the City Commission wish to pursue the permanent road
closure and/or sidewalk construction, staff recommends that the improvement(s)
be included in the FY 2013/14 Budget Capital Plan for deliberation during next
summer’s budget meetings.
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1240 Tangelo Terrace
Delray Beach, FL 33444
561/272-8487
November 19, 2012
City of Boynton Beach
Attn: Andrew Mack
macka@bbfl.us
Re: Old Dixie Hwy. & Miller Rd.
QUOTE
MOT Plan: $250.00
Message Boards: $1,400.00
(2) @ $50.00 ED x 14 days
Equipment Rental: $30.00 / day
3 Road Closed Ahead
1 Detour Ahead
4 Type B Lights
2 Road Closed To Thru Traffic
1 Detour (Lg.)
1 Detour (Lg.)
2 Road Closed
10 Type III Barricades
2 Detour U-Turn
2 Detour (Sm.)
3 Detour (Sm.)
4 Detour (straight arrow)
Setup: $850.00
Includes post-mounting of signs
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PROPOSED RESOLUTION NO. R13-014 -
EQUESTED CTION BY ITY OMMISSION
Review and approval of Development Agreement for Old High School Project.
ER:
The Development Agreement between the City and Boynton
XPLANATION OF EQUEST
Old School Partnership, LLC., is the companion document to the Purchase Agreement
the City Commission approved in January, 2013. The Development Agreement
contains the details regarding the rehabilitation of the Old High School into a
commercial and public space.
H?
Together with the Purchase
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Agreement and contingent upon closing of that transfer the Old High School building
and adjacent property will be under the ownership and control of a private entity and no
longer the responsibility of the City.
FI:
After closing, the City will be relieved of maintenance and other caring
ISCAL MPACT
costs; the City will provide $60,000 to the Developer as incentives to offset development
permit fees.
A:
Continue negotiations to refine or alter business terms of Agreement;
LTERNATIVES
Not approve the Development Agreement;
Approve the Agreement with additional incentives or concessions to
Developer.
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RESOLUTION NO. R13-____
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND BOYNTON OLD
SCHOOL PARTNERSHIP, LLC., THAT OUTLINES
TERMS AND CONDITIONS ABOVE THOSE
CONTAINED IN THE PURCHASE AGREEMENT;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE DEVELOPMENT AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the Development Agreement between the City and Boynton Old School
Partnership, LLC., is the companion document to the Purchase Agreement the City
Commission approved in January, 2013; and
WHEREAS
, the Development Agreement contains the details regarding the
rehabilitation of the Old High School into a commercial and public space; and
WHEREAS,
upon recommendation of staff, the City Commission of the City of
Boynton Beach Florida deems it to be in the best interest of the citizens of the City of
Boynton Beach to approve and authorize execution of the Development Agreement between
the City of Boynton Beach and Boynton Old School Partnership, LLC for the Old High
School Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves and authorizes the Mayor and City Clerk to execute the Development Agreement
between the City of Boynton Beach and Boynton Old School Partnership, LLC., which
outlines terms and conditions regarding the rehabilitation of the Old High School into a
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commercial and public space, a copy of the Development Agreement is attached hereto as
Exhibit “A”.
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of February, 2013.
CITY OF BOYNTON BEACH, FLORIDA
________________________________
Mayor – Woodrow L. Hay
___________________________________
Vice Mayor – Mack McCray
___________________________________
Commissioner – Jerry Taylor
___________________________________
Commissioner – Steven Holzman
___________________________________
Commissioner – Wayne Segal
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. A
LEGAL
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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. 13-001 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve the historic designation application for the
Boynton High School located at 125 East Ocean Avenue, Boynton Beach.
ER:
The Boynton High School is currently the subject of a
XPLANATION OF EQUEST
redevelopment proposal to repair the structure and adapt it to a multi-use facility. The
site is located on Ocean Avenue and is an important element in the redevelopment of
the Ocean District area. The City of Boynton Beach currently owns the site; however,
ownership is to be transferred to the developer when conditions outlined in the purchase
and development agreements are met. To assist with the funding of the redevelopment,
the developer intends to apply for financial incentives that are available for historically
designated sites. As the current owner of the property, the City of Boynton Beach is
applying for historic designation of the site prior to the transfer of ownership to expedite
the development timeline.
To qualify as a historic site, a property must have significance in American history,
architecture, archaeology, engineering or culture and possess integrity of location,
design, setting, materials, workmanship, feeling, and association.
The site must also be significant in one or more of the following areas:
a. Association with events that have made a significant contribution to the
broad patterns of the City’s history;
b. Association with the lives of persons significant in the City’s past;
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c. Embodies the distinctive characteristics of a type, period or method of
construction, or represents the work of a master, or possesses high artistic
values, or represents a significant and distinguishable entity whose
components may lack individual distinction;
d. Has yielded, or may be likely to yield, information important in prehistory
or history; or
e. Is listed in the National Register of Historic Places.
The subject property contains a two-story school building built in 1927 during the Florida
Boom Period (1919 – 1929). The school was designed by William Manley King, the
architect of many Palm Beach County schools and other notable buildings such as the
National Guard Armory in West Palm Beach. The High School is designed mostly in the
Mediterranean Revival style but also shows elements of the Art Deco style which
flourished in the early 1930s. The building is a hybrid of the two styles and is significant
in the history of Art Deco.
The site was added to the Florida Master Site File inventory in 1986. The 1996 update
describes the school as “a fine example of the Mediterranean Revival style”.
The structure retains many original architectural features both externally and internally.
External alterations include a change in window design on the east and west elevations
likely due to repairs carried out after the 1928 hurricane, replacement of almost all of the
original wood windows with metal frame awning windows, and the installation of
external AC units in a number of the original window openings. While these alterations
have affected the original character and design to some degree, the changes to the east
and west elevations are appropriate for the architectural style and have attained historic
significance in their own right, especially if they are associated with the 1928 hurricane.
Further, the metal frame windows can be replaced with windows of a more appropriate
style, and the AC units can be removed.
The building appears to be in fair condition; however, reports from 2011 list a number of
required repairs involving the roof; interior plasterwork; flooring; electrical, plumbing,
and mechanical systems; and the removal of hazardous materials. The 2011 structural
report describes the building as being in “fair structural condition, albeit, having areas of
noted deterioration/damage requiring repair and/or replacement”.
As detailed in the designation application, the site meets criteria “a” and “c” from the
above list as it has:
“Association with events that have made a significant contribution to the broad patterns
of the City’s history”, and it
“Embodies the distinctive characteristics of a type, period or method of construction, or
represents the work of a master, or possesses high artistic values, or represents a
significant and distinguishable entity whose components may lack individual distinction.”
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Further, the subject property exhibits significance in a local context in the areas of
architecture and education, and, although some alterations have been undertaken and
a number of repairs are required, it retains much of its integrity.
Therefore, based on the above described qualities, the site meets the required criteria
and is eligible for historic designation and inclusion on the Boynton Beach Register of
Historic Places.
The Historic Resources Preservation Board (HRPB) recommended approval of the
application at its meeting on January 14, 2013.
H?
Designation would further the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
City’s Historic Preservation Program and support revitalization of the Ocean District
Redevelopment Area.
FI:
Designation will open up financial incentives to the developer and help
ISCAL MPACT
finance the development project. The successful completion of the project will bring a
currently vacant building back into use resulting in increased property tax revenues. The
proposed new use will attract a greater number of visitors to the downtown area and will
contribute to the downtown redevelopment plan.
A:
Do not approve the historic designation application.
LTERNATIVES
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ORDINANCE NO. 13-001
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING
THE PROPERTY KNOWN AS THE BOYNTON HIGH
SCHOOL LOCATED AT 125 EAST OCEAN AVENUE,
WHICH IS MORE FULLY DESCRIBED HEREIN, AS A
LOCAL HISTORIC SITE; PROVIDING A NON-
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS
, Chapter 4, Article IX, Section 6.C. of the City of Boynton Beach Land
Development Regulations provides for the designation and protection of historic sites in the City
of Boynton Beach; and
WHEREAS,
the Boynton High School, a two-story school building built in 1927, is
designed mostly in the Mediterranean Revival style but also shows elements of the up and
coming art Deco style which flourished in the early 1930s; and
WHEREAS,
the Historic Preservation Board of the City of Boynton Beach prepared a
designation report for the designation of the Boynton High School as a historic site and held a
duly noticed public hearing in regard to the designation of the property as an historic site at
which no member of the public spoke in opposition to the designation of the property as an
historic site; and
WHEREAS,
the Historic Preservation Board of the City of Boynton Beach on January
14, 2013 recommended that the Boynton High School be designated a historic site; and
WHEREAS,
the City Commission of the City of Boynton Beach has conducted a duly
noticed public hearing in regard to the designation of the Boynton High School as a historic site.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
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Section 2.
The Boynton High School is located at 125 East Ocean Avenue, which is
legally described on the survey which is attached and incorporated into this Ordinance as
Exhibit "A"
, and is hereby designated as the Boynton High School Historic Site in accordance
with and under the provisions of Chapter 4, Article IX, Section 6.C., of the City of Boynton
Beach Land Development Regulations.
Section 3.
It is the intention of the City Commission of the City of Boynton Beach
that this Ordinance and each and every of its terms be considered a part of a single whole and
that the Ordinance not be severable and that if a court of competent jurisdiction finds that any
section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its
entirety.
Section 4.
This Ordinance shall become effective immediately upon its passage and
adoption.
FIRST READING this ____ day of ____________, 2013.
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SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Woodrow Hay
______________________________
Vice Mayor – Mack McCray
______________________________
Commissioner – Jerry Taylor
______________________________
Commissioner – Steven Holzman
_______________________________
Commissioner- Wayne Segal
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. B
LEGAL
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
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. 13-002 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Amending Sections 17 and 139 of the Charter
consistent with Commission direction
ER:
Amending the Charter to provide for the adoption of a revised
XPLANATION OF EQUEST
city charter; to provide for a candidate to be elected upon receiving fifty percent (50%) plus one
of the votes validly cast in an election; providing for a notice of an advertisement of the
referendum election to be published in accordance with the state of Florida Election Code;
providing that this ordinance, when adopted, shall be submitted to the qualified electors of the
city of Boynton Beach, Florida, on the March, 2013 general municipal election ballot.
The attached ordinance, if adopted, will result in referendum election in March, 2013 at which
time the electors will be asked to consider amending the Charter. This ordinance covers the
change in run-off elections from 35% to provide for a candidate to be elected upon receiving
fifty percent (50%) plus one of the votes.
The deadline for the City to submit ballot language to the Supervisor of Elections for the March,
2013 election is February 8, 2013 at noon. Second reading of this ordinance will be on February
5, 2013 in order to submit the ballot language to the Supervisor of Elections timely.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
The cost of a run-off election for Mayor would be approximately
ISCAL MPACT
$60,000 and the cost of a run-off election for a commission seat would be approximately
$25,000 - $30,000.
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A:
Allow current Charter to continue without amendment; or
LTERNATIVES
Modify some or all of the proposed amendment.
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ORDINANCE NO. 13-002
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY
CHARTER TO PROVIDE FOR THE ADOPTION OF A REVISED CITY
CHARTER; TO PROVIDE FOR A CANDIDATE TO BE ELECTED
UPON RECEIVING FIFTY PERCENT (50%) PLUS ONE OF THE
VOTES VALIDLY CAST IN AN ELECTION; PROVIDING FOR A
NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM
ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE
OF FLORIDA ELECTION CODE; PROVIDING THAT THIS
ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE
QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH,
FLORIDA, ON THE MARCH, 2013 GENERAL MUNICIPAL
ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS
PROVIDED BY LAW; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,
Chapter 166, Florida Statues, as amended, provides for a methodology of
Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton
Beach ("City"); and,
WHEREAS,
Chapter 166, Florida Statutes, as amended, provides that such an
amendment may be submitted to a referendum vote by the City Commission through the
adoption of an Ordinance calling for such a referendum election; and,
WHEREAS,
the City Commission previously authorized the establishment of a Charter
Review Commission to engage in a comprehensive review of the City Charter; and,
WHEREAS,
the City Commission has publicly reviewed, considered, and directed that
this Ordinance be prepared and that the appropriate Charter Referendum question be included
herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the
March, 2013, General Municipal Election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH,
FLORIDA, THAT:
SECTION 1.
The foregoing “Whereas” clause is hereby ratified as being true and
correct and incorporated herein by this reference.
SECTION 2.
The City Charter is hereby revised to read as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE
SECTION 3.
The Ballot Title shall be as follows:
PROVIDE FOR 50% PLUS ONE OF THE VOTES IN
ORDER TO BE ELECTED
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SECTION 4.
The following question shall be placed on the ballot for consideration by
the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General
Municipal Election in Palm Beach County, Florida. The election ballot question shall read as
follows:
The current City Charter provides for a runoff election when a candidate
with the highest number of votes receives less than 35% of the votes cast.
Should the Charter be amended to require that a winning candidate receive
fifty percent (50%) plus one of the votes cast in an election even if a runoff
election is required?
YES____ NO____
SECTION 5.
That should a majority of electors voting on the above-referenced
referendum election vote "YES," thereby approving the above ballot issue the revised charter
language shall become a part of the Charter of the City of Boynton Beach, Florida.
SECTION 6.
That the City Clerk is hereby directed to insure that the appropriate
numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform
the Charter to the amendments if approved.
SECTION 7.
The City Clerk of the City of Boynton Beach is hereby authorized and
directed to advertise the referendum election contemplated herein in accordance with the State of
Florida Election Code, as well as the City's Charter and Code of Ordinances.
SECTION 8.
All Ordinance or parts of Ordinance in conflict herewith, be and the same are
repealed to the extent of such conflict.
SECTION 9.
If any clause, section or other part of this Ordinance shall be held by any
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part
shall be considered as eliminated and in no way effecting the validity of the other provisions of this
Ordinance.
SECTION 10.
This Ordinance shall become effective immediately upon its passage and
adoption.
SECTION 11. Effective Date of Proposed Charter Amendments.
The Proposed Charter
Amendments will take effect upon the affirmative vote of a majority of those electors voting in the
March, 2013 election in the City of Boynton Beach.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
th
BEACH, FLORIDA, ON THE FIRST READING, THIS 15 DAY OF JANUARY 2013.
SECOND, FINAL READING AND PASSAGE THIS _____ DAY OF _________________,
2013.
CITY OF BOYNTON BEACH, FLORIDA
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Mayor – Woodrow L. Hay
_____________________________________
Vice Mayor – Mack McCray
_____________________________________
Commissioner – Jerry Taylor
_____________________________________
Commissioner – Steven Holzman
_____________________________________
Commissioner – Wayne Segal
ATTEST:
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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EXHIBIT "A"
Sec. 17. Composition, election, terms, vacancies.
(a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of the
City of Boynton Beach and have resided within the City for a period of not less than one (1) year
prior to filing for office, and who shall have attained the age of twenty-one (21) years on or
before the date the candidate files and qualifies for office. The Mayor of the City of Boynton
Beach may reside in any of the four (4) election districts and shall be elected by a city-wide vote.
(b) There shall be a City Commission of four (4) members elected from each of the four (4)
election districts within the City, and a Mayor who is elected by a city-wide vote. Each City
Commissioner and each candidate for City Commissioner shall reside in the election district
from which he or she is (to be) elected. A candidate for a Commission district seat must reside,
for a period of not less than one (1) year prior to filing for election, in the district from which the
candidate seeks election. Voters shall vote for only one (1) candidate in each election district in
which the voter resides, and one (1) candidate for Mayor.
(c) Qualifications for City Commissioners. Only qualified electors who have resided in the
City of Boynton Beach for at least one (1) year immediately prior to the election and who shall
have attained the age of twenty-one (21) years on or before the date the candidate files and
qualifies as a candidate for office shall be eligible to hold the office of City Commissioner. Each
Commissioner and each candidate for Commissioner shall be elected from the election district in
which he or she resides, subject to the 35%fifty percent (50%) plus one rule and runoff
procedures set forth in Section 139 of the City Charter. Once elected, a Commissioner from an
election district shall remain a resident of the election district and the City of Boynton Beach
during his/her term of office or shall forfeit his/her office.
Section 139. General and run-off elections.
A special election for any purpose shall be held as provided in the Charter or by ordinance not
inconsistent herewith. In every election to any office, the candidate receiving the highest
percentage of the vote in excess of fiftythirty-five (3550%) percent plus one of the votes validly
cast shall be declared elected. If, in any election, no candidate receives in excess of thirty-five
fifty (5035%) percent plus one of the vote in the first election, a second election, limited to the
two (2) candidates receiving respectively the highest and the next highest number of votes in the
first election shall be held on the fourth Tuesday in March of the calendar year, and the candidate
receiving the higher number of votes in the second election shall be declared elected.
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13. C
LEGAL
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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ONSENT GENDAEGAL
BP$100,000 FAI
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CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 13-003 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Appointing CRA Board Member to replace James Buchanan whose term has
expired.
ER:
On March 1, 2011, via Ordinance 11-010, the City of
XPLANATION OF EQUEST
Boynton Beach City Commission approved the appointment of two additional members
to the CRA Board, specifically James Buchanan and Mark Karageorge. The term of
office for James Buchanan was two years and will expire on February 28, 2013.
H?
None
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
None
ISCAL MPACT
A:
None
LTERNATIVES
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ORDINANCE NO. 13-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPOINTING A
MEMBER TO THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT BOARD FOR THE TWO YEAR TERM,
AND AN EFFECTIVE DATE.
WHEREAS
, the City of Boynton Beach has determined that it is in the best interests of
the citizens and residents of the City to appoint two additional members to the Board of
Commissioners of the Community Redevelopment Agency; and
WHEREAS,
the City Commission selected two (2) individuals for appointment to the
Community Redevelopment Agency Board with staggered terms of appointment of 2 years and 4
years; and
WHEREAS
, James Buchanan was appointed to the 2 year term and his appointment will
expire on February 28, 2013; and
WHEREAS,
Florida Statute §163.356 requires appointment and designation of terms of
office to be by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. The following individual is hereby appointed to service on the Board of the
Boynton Beach Community Redevelopment Agency for the term of office indicated next to their
name:
_______________________________ 2 year Term
Section 3. This Ordinance shall be effective immediately after adoption.
FIRST READING
this _______ day of February, 2013.
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SECOND, FINAL READING AND PASSAGE
this ________ day of February, 2013.
CITY OF BOYNTON BEACH, FLORIDA
_____________________________
Mayor – Woodrow L. Hay
_____________________________
Vice Mayor – Mack McCray
_____________________________
Commissioner – Jerry Taylor
_____________________________
Commissioner – Steven Holzman
ATTEST:
_____________________________
Commissioner – Wayne Segal
_______________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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14. A
FUTURE AGENDA ITEMS
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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BP$100,000 FAI
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CCL
ODE OMPLIANCE AND EGAL
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ETTLEMENTS
RACC:
Announcement of the 2013 South Florida Police
EQUESTED CTION BY ITY OMMISSION
K9 Competition to be held on Saturday, March 2, 2013 at the Boynton Beach High School from
10:00 a.m. - 6:00 p.m. Admission is Free to the Public. No pets allowed.
ER:
Hosted by the Boynton Beach Police Department, this is the
XPLANATION OF EQUEST
second year for this fun-filled, exciting event which will include:
Kids Interactive SWAT Mission
Food Trucks
Rock Climbing Wall
Raffle prizes
Bounce House
H?
All proceeds benefit the Boynton
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Beach Police Department K9 Unit and PBSO K9 SGT Mike Anderson.
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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14. B
FUTURE AGENDA ITEMS
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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ONSENT GENDAEGAL
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CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Utilities CIP update on current projects - 02/19/13
EQUESTED CTION BY ITY OMMISSION
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. C
FUTURE AGENDA ITEMS
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
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A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
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CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Schedule Closed Door Session to discuss pension
EQUESTED CTION BY ITY OMMISSION
as it relates to collective bargaining - TBD
ER:
Staff recommends scheduling the closed door session after
XPLANATION OF EQUEST
the March election at which time a new Commission will be seated.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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14. D
FUTURE AGENDA ITEMS
February 5, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
February 5, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
A NB
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AI
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Proclaim March 2013 as Myeoloma Month -
EQUESTED CTION BY ITY OMMISSION
03/05/13
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
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