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Agenda 03-18-14 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, MARCH 18, 2014 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Woodrow L. Hay Vice Mayor – District II David T. Merker Commissioner – District I Michael M. Fitzpatrick Commissioner – District III Joe Casello 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). 2 of 330 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Fitzpatrick D. Brand Promise Statement Certification of Election Results Swearing in of Commissioner District II Swearing in of Commissioner District IV Presentation of Plaque to Woodrow L. Hay, Vice Mayor Presentation of Plaque to Joe Casello, Commissioner District IV Selection of Vice Mayor Swearing in of Vice Mayor 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. Presentation of the "Mayor's Award" to representatives of the Barrier Free 5K Run/Walk winning team. The Mayor will also present a plaque to representatives of the Realtors Association of the Palm Beaches (RAPB) to express the City's appreciation of their continued support of Barrier Free Park. Additionally, the RAPB will present a check representing the proceeds generated from this year's Barrier Free 5K to the Greater Boynton Beach Foundation. 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) 3 of 330 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student and 1 student N/V Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 alternate Senior Advisory Board: 1 alternate Veterans Advisory 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. Accept the FY 2013 -14 Budget Status Report of the General Fund & Utility Fund for the four (4) month period ended January 31, 2014. PROPOSED RESOLUTION NO. R14-023 B. - Approving a Tri-Party Agreement replacing the trustee for the City of Boynton Beach, Florida Revenue Bonds (Charter School of Boynton Beach) Series 2012 C. Approve a $5,000 donation to Boy Scouts America, Gulf Stream Council D. Approve payment of $59,360 to the City of Boca Raton pursuant to an interlocal agreement between the City of Boca Raton and the City of Boynton Beach for the purpose of operating a Biology Processing Laboratory to pre-process DNA samples obtained by the Boynton Beach Police Department pursuant to criminal investigations. E. Approve piggyback of the City of Melbourne, Florida Contract No. 10-118-0- 2009 with Insituform Technologies, Inc. to line approximately 5,000 linear feet of sewer mains and 23 service reconnections at various locations within the Utilities Department's service area. The estimated expenditure is $52,137.14. F. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for March 18, 2013 - "Request for Extensions and/ Piggybacks". 4 of 330 G. Accept the written report to the Commission for purchases over $10,000 for the month of February 2014. H. Approve the list of top ranked qualifiers as determined by the Evaluation Committee from the submissions received in response to the Request for Qualifications for Consultant Services to Modify the Greenway and Bikeway Master Plan; RFQ No. 023-2730-14/JMA; and authorize City Staff to conduct negotiations for compensation with the recommended qualifiers according to Florida State Statute 287.55, Consultants' Competitive Negotiation Act (CCNA). PROPOSED RESOLUTION NO. R14-024 I. - Authorize the City Manager to enter into a contract between Digital Caddies, Inc and the City of Boynton Beach Golf Course for the use of 85 GPS tablets to be installed on our new Yamaha golf carts. J. Approve the minutes from the Regular City Commission meeting held on March 4, 2014 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R14-025 A. - Approve an agreement with Architects Design Group/ADG of Winter Park, FL for "POLICE FACILITY DESIGN SERVICES" as a result of RFQ #077-2110-13/JMA to be handled on a task order basis. Approve Task Order #1 in the amount of $94,060 for existing site evaluation and detailed spatial needs assessment and authorize the City Manager to sign. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlements in case of Brooke Bosler v. City of Boynton Beach. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission . A. Approve request for new site plan approval to construct a one-story, 6,200 square foot retail/office building and related site improvements, located at 3008 South Congress Avenue, and zoned M1 (Industrial). Applicant: Bradley Miller, Miller Land Planning, Inc. 10. CITY MANAGER’S REPORT None 5 of 330 11. UNFINISHED BUSINESS None 12. NEW BUSINESS A. Consider funding request for Sister Cities Committee in the amount of $967.00 for: 1) annual dues to the Sister Cities International ($680); 2) annual dues to the state association ($25); 3) State filing fee ($62); and the Boynton Beach Chamber of Commerce membership dues ($200). 13. LEGAL PROPOSED ORDINANCE NO. 14-002 - SECOND READING - PUBLIC A. HEARING - Approve Ordinance rescinding Ordinance 13-014 which changed the land use designation for a parcel of land located at 125 East Ocean Avenue from Public and Private Governmental/Institutional (PPGI) to Mixed Use (MX); restoring Public and Private Governmental /Institutional (PPGI) land use to the property. PROPOSED ORDINANCE NO. 14-004 - FIRST READING B. - Approve Ordinance rescinding Ordinance 13-001 which established a local/city historic designation for the Old High School. C. 1) Accept report/update from City Attorney on Sober Home legislation per the PROPOSED RESOLUTION request of Commissioner Casello; and 2) Adopt NO. R14-026 - supporting legislative changes being considered by the State Legislature at this time. D. Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: 1. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502013CA011391XXXXMB AH (Breach of Contract) 2. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Petitioner vs. CITY OF BOYNTON BEACH, Respondent - Case No. 502013CA011436XXXXMB AY (Writ of Certiorari) 14. FUTURE AGENDA ITEMS A. Discuss allowing a Commissioner to run for Mayor immediately following the Commissioner's term limit. - TBD 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 6 of 330 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. 7 of 330 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 4, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of the "Mayor's Award" to EQUESTED CTION BY ITY OMMISSION representatives of the Barrier Free 5K Run/Walk winning team. The Mayor will also present a plaque to representatives of the Realtors Association of the Palm Beaches (RAPB) to express the City's appreciation of their continued support of Barrier Free Park. Additionally, the RAPB will present a check representing the proceeds generated from this year's Barrier Free 5K to the Greater Boynton Beach Foundation. ER: The RAPB has organized the Barrier Free 5K Run/Walk for XPLANATION OF EQUEST the past two years. Proceeds from this event are donated to the Greater Boynton Beach Foundation and are used to benefit Barrier Free Park. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: Do not make presentation. LTERNATIVES 8 of 330 5. A ADMINISTRATIVE March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 1 regular and 2 alternates Building Board of Adjustment and Appeals: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student and 1 student N/V Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate Library Board: 2 alternates Recreation and Parks Board: 1 alternate Senior Advisory Board: 1 alternate Veterans Advisory 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. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 9 of 330 10 of 330 11 of 330 12 of 330 6. A CONSENT AGENDA March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2013 -14 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Fund for the four (4) month period ended January 31, 2014. Explanation of Request :This report summarizes the estimated funding sources and the adopted expenditure budgets for the City’s General Fund and Utility Fund for the four (4) month period ended January 31, 2014 (33% of the fiscal year). The analysis compares:  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and Utility ISCAL MPACT Fund. 13 of 330 GENERAL FUND FY 2013-14FY 2012-13FY 2014 vs. 2013 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 71,267$ 39,02555%$ 69,643$ 37,35854%2%4% Expenditures$ (71,267)$ (31,418)44%$ (69,643)$ (28,789)41%2%9% Excess (Deficit)$ -$ 7,607$ -$ 8,569 Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $54.3 M or 76% of our total $71.2 M General Fund budget estimate for FY 2013-14. Transfers from other funds (non- revenues) provide $16.9 M or 24% of the total funding sources to balance our $71.2 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 36% - $ 25.3 M – Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 29.0 M – All other revenues plus General Fund Balance 3._24% - $ 16.9 M – Transfers from other funds 100% - $ 71.2 M – Total funding sources The property tax rate for FY 2013-14 was increased from 7.6000 mills to 7.9000 mills; the net property taxes of $29.7 M in FY 2013-14 represent a 10% increase in property tax revenue or an increase of $2.7 M from FY 2012-13. To balance the budget in FY 2013-14, it required transfers from other funds of $16.9 M representing 24% of all funding sources. Actual Funding Sources Realized: At the end of the fourth month in FY 2013-14, revenues and transfers realized are approximately $39 M of the budget estimate compared to $37.3 M realized to date in FY 2012-13. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA , received to date was $20.9 M as compared to $19 M for FY 2012-13, as noted on Exhibit A. Other Revenues: The four major revenue sources other than property taxes: Franchise Fees 1. realized was $1.58 M or 36% actual collected compared to $1.52 M or 34% in FY 2012-13. Business Taxes 2. are due at the beginning of the fiscal year. For FY 2013-14, $1.3 M or 93% has been collected compared to the FY 2012-13 amount of $1.25 M or 92%. State Shared revenues 3. of $2.2 M or 32% have been collected in FY2013-14 as compared to $1.7 M or 26% received in FY 2012-13. Public Safety revenues 4. at this point is ahead of the budgeted amount; $1.7 M or 41% was received compared to $1.4 M or 37% for FY 2012-13. 14 of 330 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 2.3% from $69.6 M to $71.2 M. The budget increase was due to the cost of doing business, providing funding for additional landscaping, wage increases and increases for insurance costs. Actual Expenditures – General Fund expenditures for the four month period ending January 31 (33% of the fiscal year) are $31.4 M that is 44% of the $71.2 M expenditure appropriation for FY 2013-14. The table at the top of Exhibit B displays actual expenditures of $31.4 M or 44% of the FY 2013-14 budget. At this point in the fiscal year, spending levels are slightly ahead compared to the $28.7 M or 41% actual spending levels in FY 2012-13 for this same period. UTILITY FUND The FY 2013-14 annual expenditure budget of $39.1 M represents a $1.4 M increase from the FY 2012-13 budget of $37.7 M. The operational forecast reflects an increase of an estimated $49K into the fund balance for FY 2013-14. FY 2013-14FY 2012-13FY 2014 vs. 2013 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 39,167$ 13,84735%$ 37,719$ 12,74434%4%9% Expenditures$ (39,167)$ (13,749)35%$ (37,719)$ (13,149)35%4%5% Excess (Deficit)$ -$ 98$ -$ (405) For the four month period in FY 2013-14,  Revenues realized are $13.8 M (35%) of the annual budget estimate.  Expenditures incurred are $13.7 M (35%) of the annual appropriated budget. This results in revenue in excess of expenditures yielding a surplus of approximately $98 K. The following provides brief comments on revenues and expenditures to date. Revenues (Exhibit C) - The $13.8 M in FY 2013-14 actual revenues and fund balance have increased over the $12.7 M in FY 2012-13, because of two factors: 15 of 330  Water Sales - $6.4 M equivalent to 36% of the annual estimate, compared to $6.1 M or 34% at this point in FY 2012-13.  Water Service Charge - $389 K equivalent to 86% of the annual estimate, compared to $146 K at this point in FY 2012-13, due to a vigorous collection process.  Sewer Service - $5.7 M equivalent to 34% of the annual estimate, compared to $5.5 M or 33% at this point in FY 2012-13.  In FY 2013-14, $ 49 K is being recognized as an added increase to fund balance, compared to an added increase of $ 1.2 M in FY 2012-13. Expenditures (Exhibit D) – Utility Fund FY 2013-14 expenditures to date are $13.7 M or 35% of the annual appropriation compared to expenditures of $13.1 M or 35% for the prior fiscal year. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 16 of 330 17 of 330 18 of 330 19 of 330 20 of 330 6. B CONSENT AGENDA March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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. R14-023 - EQUESTED CTION BY ITY OMMISSION Approving a Tri-Party Agreement replacing the trustee for the City of Boynton Beach, Florida Revenue Bonds (Charter School of Boynton Beach) Series 2012 ER: In 2012 the City Commission approved an Indenture of Trust XPLANATION OF EQUEST between the City of Boynton Beach and Regions Bank, as Trustee. The Trustee has resigned and the City Commission has been requested to approve a Tri-Party Agreement pursuant to which the Trustee under the Indenture will be changed from Regions Bank to UMB Bank, N.A. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: None LTERNATIVES 21 of 330 RESOLUTION R14-023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A TRI-PARTY AGREEMENT RELATED TO THE CITY OF BOYNTON BEACH, FLORIDA REVENUE BONDS (CHARTER SCHOOLS OF BOYNTON BEACH) SERIES 2012; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach, Florida is a party to an Indenture of Trust (the "Indenture"), dated June 1, 2012, between the City and Regions Bank, as trustee; and WHEREAS, the City Commission has been requested to approve a Tri-Party Agreement pursuant to which the trustee under the Indenture will be changed from Regions Bank to UMB Bank, N.A; 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 and authorize the City Manager to sign a Tri-Party Agreement with Regions Bank and UMB Bank, N.A. 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 Multi-Party Agreement attached hereto as Exhibit A is hereby approved by the City and the City Manager is authorized and directed to execute the same on behalf of the City and the City Clerk is authorized and directed to attest to the same. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of March, 2014. CITY OF BOYNTON BEACH, FLORIDA 22 of 330 _____________________________ Mayor – Jerry Taylor _____________________________ Vice Mayor – Woodrow L. Hay _____________________________ Commissioner – David T. Merker _____________________________ Commissioner – Michael M. Fitzpatrick _____________________________ Commissioner – Joe Casello ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 23 of 330 24 of 330 25 of 330 26 of 330 27 of 330 28 of 330 29 of 330 30 of 330 31 of 330 32 of 330 33 of 330 6. C CONSENT AGENDA March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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 $5,000 donation to Boy Scouts America, EQUESTED CTION BY ITY OMMISSION Gulf Stream Council ER: Florida Statute 932.7055 (5)(c)1 mandates the following: XPLANATION OF EQUEST After July 1, 1992, and during every fiscal year thereafter, any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). The Boynton Beach Police Department has a longstanding community partnership with the Boy Scouts of America (BSA), which serves the youth of our community. In fact, BSA oversees the structure of our local Police Explorer chapter, which seeks to introduce teens to a future career in law enforcement. One of the BBPD’s strategic goals for 2014 is to positively impact 2,000 juveniles within our community through financial assistance, mentorship opportunities, or empowerment programs. I certify that this donation fulfills both our legal obligation under §932 and the strategic intent of this departmental goal. H? Educational and personal OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES development for youth residing in the Boynton Beach of Boynton Beach community. 34 of 330 FI: There are sufficient funds ($77,479.58) in the law enforcement trust ISCAL MPACT fund (account number 691-5000-590-04-25) to provide this donation. A: There are no alternatives as Florida State Statute mandates this. LTERNATIVES 35 of 330 6. D CONSENT AGENDA March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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 payment of $59,360 to the City of Boca EQUESTED CTION BY ITY OMMISSION Raton pursuant to an interlocal agreement between the City of Boca Raton and the City of Boynton Beach for the purpose of operating a Biology Processing Laboratory to pre-process DNA samples obtained by the Boynton Beach Police Department pursuant to criminal investigations. ER: The City of Boynton Beach entered into a Tri-Party Inter- XPLANATION OF EQUEST Local agreement with the cities of Boca Raton and Delray Beach in July 2010 (Resolution R10-092) for the operation of a pre-screening DNA Laboratory. As part of the agreement the City agreed to pay proportionate amount of the annual cost of the operational expenditures. The Boynton Beach Police Department investigates numerous crimes where forensic evidence in the form of DNA is recovered. The perpetrator of a crime may deposit bodily fluids or tissue of various types at the scene of a crime by simply touching an object or surface, or contact with a victim involving sexual assault or battery. The bodily fluids and tissue often contain DNA which is a chemical identifier unique to every individual and considered a more accurate identifier than even fingerprints. The police department has utilized DNA evidence in over 200 successful prosecutions including a cold case homicide from 1986. Our officers and detectives submit approximately 700 laboratory testing requests to the Palm Beach County Sheriffs Officer (PBSO) each year in an effort to identify those persons connected with the various crimes committed in our city. As more and more DNA profiles are collected from individuals pursuant to state statutes requiring certain persons charged or convicted of major felonies to provide a DNA sample, identifications become more prevalent. The PBSO crime lab has the 36 of 330 capability to collect and analyze DNA samples; however, the process is expensive and labor intensive. Currently, PBSO does not charge us for DNA or any forensic analysis performed pursuant to a criminal investigation. However, the PBSO crime lab is overburdened with the number of testing requests from the various law enforcement agencies in the county resulting in a prioritization of cases with DNA samples and delays in testing for most cases can last many months or over a year. Delays in processing of the DNA samples can negate a successful prosecution or allow those responsible for major crimes to leave the jurisdiction or the county before probable cause is established in order to make an arrest. The most labor intensive and time consuming process related to DNA testing is determining if a suitable sample is present and if so, extracting the sample and converting it to its testable form. The Chiefs of Police for Boynton Beach, Boca Raton, and Delray Beach considered the problems with the PBSO Crime Lab backlog of cases and determined that a pre-screening laboratory would facilitate a timely resolution to our case submissions while providing relief to the PBSO lab. The city of Boca Raton proposed the establishment of a pre-screening lab at their facility with the cities of Delray Beach, Boynton Beach and eventually others, paying a proportion of the operational costs. The City of Boynton Beach’s share of the cost for the current year is $59,360.00 H? Since activation of the Boca Raton OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES pre-screening lab, turn-around time on our major case DNA submissions has been reduced by approximately 50%. FI: Funds in the amount of $59,360.00 would be taken from the Federal ISCAL MPACT Law Enforcement Trust Fund account (691-5000-590-04-25) which currently shows a balance of $77,479.58. The LETF funds may be expended for law enforcement purposes upon request of the chief of police to the governing body of the municipality. A: Payment required by interlocal agreement. LTERNATIVES 37 of 330 38 of 330 39 of 330 40 of 330 41 of 330 42 of 330 43 of 330 44 of 330 45 of 330 46 of 330 47 of 330 6. E CONSENT AGENDA March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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 piggyback of the City of Melbourne, EQUESTED CTION BY ITY OMMISSION Florida Contract No. 10-118-0-2009 with Insituform Technologies, Inc. to line approximately 5,000 linear feet of sewer mains and 23 service reconnections at various locations within the Utilities Department's service area. The estimated expenditure is $52,137.14. BIDTERM:A 1,2013THROUGHM31,2015 PRIL ARCH ER: Piggyback the City of Melbourne Contract No. 10-118-0-2009 with XPLANATION OF EQUEST Insituform Technologies, Inc. with the same terms, conditions, specifications and pricing to line approximately 5,000 linear feet of sewer mains and 23 service reconnections at multiple locations within the City of Boynton Beach Utilities’ service area for an estimated dollar value of $52,137.14. The contract was awarded to Insituform Technologies, Inc. following a competitive bid process and the City of Melbourne has chosen to extend it for two more years until March 31, 2015. The Utilities Department has used Insituform Technologies, Inc. in the past for the same type of services and it has performed satisfactorily. The City of Melbourne complied with Public Contract Bid requirements equal to the City of Boynton Beach requirements. H? The City of Boynton Beach has OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES over 160 sewer stations which are connected to a network of sewer pipes used to convey sewage water collected from homes and businesses within the City’s service area to the South Central Regional Wastewater Plant for processing and treatment. As part of our routine maintenance program, we have televised several sewer lines within our service area which require our immediate attention. These sewer lines have cracks that if ignored will cause the formation of sinkholes as is already the case in some 48 of 330 areas. In addition, these cracks introduce both infiltration and sand into the piping network, which cause the pumps to run longer hours (more power consumption) and the impellers to wear out prematurely (higher replacement rate). Some of the sewer lines are in easements, but some are under roadways such as Secreast Boulevard and other roads inside the Leisureville Community. Staff has been using shellrock to backfill these sinkholes. To prevent further deterioration and to permanently fix these problem areas, we propose the piggybacking of the contract that City of Melbourne has with Insituform Technologies, LLC. We believe this approach to be most beneficial to the City of Boynton Beach both in terms of cost and quality of work. FI: Funds are budgeted in account 401-2815-536-46-42. These repairs ISCAL MPACT were budgeted for and were approved for the current fiscal year. It will slow the deterioration of our equipment, extend their life time, reduce replacement and power consumption costs. A: The City of Boynton Beach could issue its own bid for this service, but LTERNATIVES the City benefits from bid pricing secured by a governmental agency offering a larger scope of work. 49 of 330 50 of 330 51 of 330 52 of 330 53 of 330 54 of 330 55 of 330 56 of 330 57 of 330 58 of 330 59 of 330 60 of 330 61 of 330 62 of 330 63 of 330 64 of 330 65 of 330 66 of 330 67 of 330 68 of 330 69 of 330 70 of 330 71 of 330 72 of 330 73 of 330 74 of 330 75 of 330 76 of 330 6. F CONSENT AGENDA March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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 one-year extension for RFPs/Bids EQUESTED CTION BY ITY OMMISSION and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for March 18, 2013 - "Request for Extensions and/ Piggybacks". ER: XPLANATION OF EQUEST As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of bid solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the “Agenda Request Item” presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR CONTRACT BID RENEWAL TERM The Gehring Group Benefits Consultant April 1, 2014 to March 31, 2015. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES This renewal report will be used for those bids, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FI: Funds have been budgeted under line items as noted on the attached ISCAL MPACT report. 77 of 330 A: Not approve renewals and require new bids to be issued. LTERNATIVES 78 of 330 79 of 330 80 of 330 81 of 330 82 of 330 83 of 330 6. G CONSENT AGENDA March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the written report to the Commission for EQUESTED CTION BY ITY OMMISSION purchases over $10,000 for the month of February 2014. ER: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 XPLANATION OF EQUEST Exceptions to competitive bidding, Paragraph b, which states: “Further, the City Manager, or in the City Manager’s absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for February 2014: Purchase Order Vendor Amount 140745 Hudson Pump & Equipment $ 16,379.00 140746 Fl. Bearings, Inc. $ 19,996.00 140747 Mathews Consulting, Inc. $ 21,516.00 140748 Waco $ 10,035.00 140776 LMK Pipe Renewal LLC $ 19,250.00 140801 Xylem Water Solutions USA $ 12,811.00 140802 Xylem Water Solutions USA $ 11,811.35 H? Ordinance No.01-66, Chapter 2, OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase 84 of 330 request is reviewed and approved by the Department Director, Finance Department, and City Manager. FI: This Ordinance provides the impact of reducing paperwork by ISCAL MPACT streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. A: None LTERNATIVES 85 of 330 86 of 330 87 of 330 88 of 330 89 of 330 90 of 330 91 of 330 92 of 330 93 of 330 94 of 330 95 of 330 96 of 330 97 of 330 98 of 330 99 of 330 100 of 330 101 of 330 102 of 330 103 of 330 104 of 330 105 of 330 106 of 330 107 of 330 108 of 330 109 of 330 110 of 330 111 of 330 112 of 330 113 of 330 114 of 330 115 of 330 116 of 330 117 of 330 118 of 330 119 of 330 120 of 330 121 of 330 122 of 330 123 of 330 124 of 330 125 of 330 126 of 330 127 of 330 128 of 330 129 of 330 130 of 330 131 of 330 132 of 330 133 of 330 134 of 330 135 of 330 136 of 330 137 of 330 138 of 330 139 of 330 140 of 330 141 of 330 142 of 330 143 of 330 144 of 330 145 of 330 146 of 330 147 of 330 148 of 330 149 of 330 150 of 330 151 of 330 152 of 330 153 of 330 154 of 330 155 of 330 156 of 330 157 of 330 158 of 330 159 of 330 160 of 330 161 of 330 162 of 330 163 of 330 164 of 330 165 of 330 166 of 330 167 of 330 168 of 330 169 of 330 170 of 330 171 of 330 172 of 330 6. H CONSENT AGENDA March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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 list of top ranked qualifiers as EQUESTED CTION BY ITY OMMISSION determined by the Evaluation Committee from the submissions received in response to the Request for Qualifications for Consultant Services to Modify the Greenway and Bikeway Master Plan; RFQ No. 023-2730-14/JMA; and authorize City Staff to conduct negotiations for compensation with the recommended qualifiers according to Florida State Statute 287.55, Consultants' Competitive Negotiation Act (CCNA). ER: XPLANATION OF EQUEST The City issued a Request for Qualifications on November 22, 2013 seeking the design services of an architectural, planning, and/or engineering firm capable of providing urban design, community planning, and multimodal transportation design services to update and modify the City’s existing Greenway and Bikeway Master Plan. On January 23, 2014, the City received three responses to this Request for Qualifications. The responses were reviewed and evaluated by the Evaluation Committee and a Public Meeting was held on March 5, 2014 to reveal the scores from each Committee Member. The summary results are as follow: FIRM SCORE (Maximum – 400) RANKING Kimley-Horn 390 1 Street Plans Collaborative 340 2 Chen Moore 293 3 City staff decided not to request oral interviews from the three highest ranked firms, but if desired, City Commission may request oral presentations. 173 of 330 Based on the ranking, staff is requesting authorization to negotiate a contract with established hourly rates with Kimley-Horn and Associates of Delray Beach, Florida. If a contract cannot be successfully negotiated between Kimley-Horn and the City of Boynton Beach, the City will commence negotiations with the second-ranked firm; and if necessary, the third ranked firm. After successfully negotiating a contract for the services as outlined in the RFQ, approval of the contract will be requested of the City Commission. The RFQ Scope of Services outlines a list of specific services to be performed by the awarded consultant with a list of deliverables that will include a final report. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES By providing staff with the ability to negotiate a contract for an updated Master Plan that will increase non-motorized transportation, connect urban and natural areas, and increase recreation and conservation activities in the City. FI: ISCAL MPACT There is no fiscal impact as a result of this approval; a contract between the City and the selected firm will be submitted to Commission for approval. A: LTERNATIVES City Commission may request oral presentations from the qualifiers and after oral presentations may agree with the Evaluation Committee or change the rankings. Or, not approve the rankings as provided by the Evaluation Committee and request that a new RFQ be advertised. 174 of 330 175 of 330 176 of 330 177 of 330 178 of 330 179 of 330 180 of 330 181 of 330 182 of 330 183 of 330 184 of 330 185 of 330 186 of 330 187 of 330 188 of 330 189 of 330 190 of 330 191 of 330 192 of 330 193 of 330 194 of 330 195 of 330 196 of 330 197 of 330 198 of 330 199 of 330 200 of 330 201 of 330 202 of 330 203 of 330 204 of 330 205 of 330 206 of 330 207 of 330 208 of 330 209 of 330 210 of 330 211 of 330 212 of 330 213 of 330 214 of 330 215 of 330 216 of 330 217 of 330 6. I CONSENT AGENDA March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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. R14-024 - EQUESTED CTION BY ITY OMMISSION Authorize the City Manager to enter into a contract between Digital Caddies, Inc and the City of Boynton Beach Golf Course for the use of 85 GPS tablets to be installed on our new Yamaha golf carts. ER: XPLANATION OF EQUEST The 85 GPS tablets are the latest technology to be put on golf carts to help all golfers navigate where they are going around the golf course and how far it is from their location on the course to the green they are playing. The GPS units we used on our old carts are outdated and The Links at Boynton Beach Golf Course does not want to put old technology on our new golf carts. To stay competitive with other courses and the golfing customers’ needs, we need to stay current with new technology. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Installing the latest GPS tablets on our golf carts will enhance the customers’ overall golfing experience along with helping to speed up our pace of play. The GPS tablet is also a promotion tool that will bring golfers in to play our much improved golf course. FI: ISCAL MPACT The old-style units cost the golf course $6000 a year. There is no cost to the City for the new GPS tablets because the vendor generates revenue through advertising placed on the tablet. A: Do not approve contract and purchase GPS tablets for the golf carts. LTERNATIVES 218 of 330 To not have the latest GPS tablets on our golf carts would be a possible financial loss to our revenue source, as most golf courses and golfers these days expect them to be on the golf carts. We would not be keeping up with our local area competitors. 219 of 330 RESOLUTION NO. R14-024 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICES AGREEMENT WITH DIGITAL CADDIES, INC., FOR THE USE OF 85 GPS TABLETS TO BE INSTALLED ON THE NEW YAMAHA GOLF CARTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, GPS tablets are the latest technology to be put on golf carts to help all golfers navigate where they are going around the golf course and how far it is from their location on the course to the green they are playing; and WHEREAS , to stay competitive with other courses and the golfing customers’ needs we need to stay current with new technology; and WHEREAS, installing the latest GPS tablets on our golf carts will enhance the customers’ overall golfing experience along with helping to speed up our pace of play; 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 approve a Service Agreement with Digital Caddies, Inc., for the use of 85 GPS tablets to be installed on our new Yamaha golf carts. 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 Service Agreement with Digital Caddies, Inc., for the use of 85 GPS tablets to be installed on the City’s new Yamaha golf carts; and authorize the City Manager to execute the Agreement, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. 220 of 330 PASSED AND ADOPTED this _____ day of March, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: _________________________ Janet M. Prainito, MMC, City Clerk (Corporate Seal) 221 of 330 DIGITAL CADDIES, INC. SERVICES AGREEMENT This agreement is made at (time) _______________________________ BETWEEN (Partner): Company Name Represented By/Position Company Address Golf Course Name(s) SEE EXHIBIT A Golf Course Address(s) SEE EXHIBIT A AND: Digital Caddies US Inc., corporation legally incorporated under the terms of the Nevada laws, having its main office at 15210, North Scottsdale Rd. Suite 280, Scottsdale, AZ 85254, USA represented by Michael Loustalot, President, duly authorized as they declare; (hereafter called « DCI») WHEREAS the purpose of the agreement is to outline the terms of the installation of a wirelessly connect tablet based network developed by DCI for use on the golf course operated by Partner (hereinafter to be referred to as the “System”, the individual components of which shall hereinafter be referred to as the “Products”). AND WHEREAS the Partner and DCI desire that DCI install the System for use on the Partner’s golf course under the terms and conditions in this Agreement. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration for the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, DCI and the Partner hereby agree as follows: TITLE Title to the System and all information developed or collected in connection with the use of the System is and shall remain in DCI. DCI may remove the System or any Product at any time after the termination of the Term. All Products are moveable personal property and not real or immovable, even though affixed to real property or placed on a permanent foundation. The Partner shall not change or remove any insignia, lettering or other mark placed on the Products by DCI. TERM This Agreement shall continue for 36 months after the system is installed at Partner’s golf course and will renew upon the mutual written agreement of both DCI and the Partner. INSTALLATION DCI or their affiliates shall install and configure the System at the Partner’s golf course at a date to be mutually agreed upon. ACCEPTANCE Upon installation of the System, the Partner shall execute and return a Delivery and Acceptance Certificate outlining the Products installed at the golf course. HOUSE ADS DCI agrees to provide free of charge to Partner up to 10% of ad impressions generated on the Partner’s golf courses. The Partner can use this impression inventory for their own use to promote their goods and services to their customers or can choose to sell these impressions to advertisers for their own income. Partner/advertiser must provide all creative needed at their own expense (DCI can provide discounted creative through 3rd party) DCI must approve all advertisements. 222 of 330 RESTRICTION LIST It is understood that that DCI’s primary source of revenue to cover all costs related to providing the Players Network for FREE is derived by advertising revenue generated by DCI. Partner has the right to submit a reasonable “restriction list” outlining advertisers they consider competitive or deem to be morally offensive. Upon installation of the Players Network on the Partner’s golf Course, Partner agrees to allow all advertisers not on the restriction list to advertise on the Players Network. SITE PREPARATION AND ONGOING MAINTENANCE It is understood that Partner will take an active role with the installation and operation of the System. Please refer to Exhibit B for Partner Responsibilities. FEES By executing this agreement prior to ______________, all fees will be waived. There will be no required payment from the Partner. Installation Fee $50.00/per cart: _____N/A_____ Installations Reservation Cancellation Fee $2,500: _____N/A_____ Penalties and Interest. _____N/A_____ REPRESENTATIONS AND WARRANTIES Each party represents and warrants to the other party that: (a) it has the full right and authority to enter into and perform this Agreement; (b) the person signing this Agreement on behalf of that party has been duly authorized to do so; (c) entry into and performance of this Agreement does not require any consents or approvals not obtained, nor does it violate any agreements to which such party is a party; and (d) this Agreement constitutes a valid, binding and enforceable obligation of such party. ADDITIONAL OBLIGATIONS Duty of Care. The Partner (a) shall exercise reasonable care with respect to its possession and use of the System and all Products; (b) shall not alter the System or any Product; and (c) shall use its best efforts to avoid damaging any and all Product. Loss or Damage. On an annual basis DCI shall insure damage to the Products, other than that arising from ordinary wear and tear, in an amount no more than 10% of the Products outlined in Exhibit A. If the Products, as described on Exhibit A, are lost or damaged other than as arises from ordinary wear and tear, and in excess of the aforementioned insurance, then the Partner shall purchase replacement Products from DCI at a cost as per Exhibit A. MAINTENANCE DCI shall maintain and repair the System as needed. DCI will train Partner staff and leave spare replacement parts to ensure a quick turnaround time for repairs to be completed. Should staff not be able to repair the system, DCI will provide support via telephone/email or web. If required, DCI will dispatch personnel to the site. DEFAULTS The occurrence of any one or more of the following events shall constitute a material default and breach of this Agreement by the Partner (“Event of Default”). Misuse. The Partner fails to use reasonable care with respect to the System or any Product and such failure continues for THIRTY (30) or more calendar days after DCI gives written notice to the Partner of such. DCI’s REMEDIES In addition to any other legal or equitable remedy permitted by law, upon an Event of Default, DCI shall have the right to terminate this Agreement and to retrieve all products and/or payment for replacement value of the products as outlined in Exhibit A. PARTNERS REMEDIES If DCI fails to perform its obligations under this Agreement, the Partner shall give written notice to DCI setting forth in reasonable detail the nature of the breach (the “Notice”). If DCI does 223 of 330 not cure the breach within THIRTY (30) calendar days following receipt of the Notice, the Partner shall have the right to terminate this Agreement; provided, however, that if DCI is unable, acting reasonably, to remedy the breach within THIRTY (30) calendar days, a THIRTY (30) day period shall be extended for as long as DCI diligently pursues such corrective action in a prompt and reasonable manner. NO REMOVAL During the term of the Agreement Partner shall not remove or attempt to remove any Product from its golf course without the prior written consent of DCI. ASSIGNMENT DCI may assign any or all of its rights, and obligations hereunder after written notice to the Partner. The Partner is given the right to cancel the Agreement in the event of Assignment. The Partner shall not assign or transfer, whether voluntarily or involuntarily, its interest under this Agreement without first obtaining DCI’s prior written consent in each instance, which consent will not be unreasonably withheld. Any attempted transfer without DCI’s prior written consent shall be null and void. SEVERABILITY If any provision of this Agreement is deemed invalid or unenforceable to any extent by a court of competent jurisdiction then the remainder of this Agreement and the affected provision, to the extent it is not held invalid, shall be valid and enforceable to the fullest extent permitted by law. GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida. RELATIONSHIP OF THE PARTIES Nothing contained in this Agreement shall be construed as creating a relationship of employment, agency or partnership between DCI and the Partner. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed: DCI: Partner: By: By: Name: Michael Loustalot Name: Title: President Title: 224 of 330 Exhibit A Course Information: Number of Holes Number of Golf Carts Make/Model of Golf Carts Gas or Electric Cart Lease End Date Annual Rounds on Carts Other specifics Equipment required (subject to change) # Equipment Replacement Cost Tablets Required $299 Cart Mounts and related equipment $99 Detailed Contact Information: Administrative Contact Name Course ‘Champion’ Contact Name: Position: Position: Email: Email: Phone : Phone : 225 of 330 Mobile Phone: Mobile Phone: Notes Notes EXHIBIT B Roles and Responsibilities for golf course and course Champion. Digital Caddies requires the golf course to provide a member of their staff to take on the role of course “Champion”. Champion’s Role & Definition The golf course Champion is a golf course compensated individual who is available to assist DCI with pre- installation, installation and post-installation support of DCI products. They are responsible for various steps involving the golf carts and DCI product care. They will be required to participate in the stages of installation as well as any follow up support that may be needed. The Champion’s responsibilities are the following: 1.Pre-installation day duties: a.Receive DCI inventory for installation. b.Count and secure inventory for installation day. c.Have golf course GM initial DCI inventory count – Scan and send back to DCI. d.To install the “U” bolt assembly on golf cart fleet (instruction video included). Tools needed: wireless drill and 7/16” socket bit. Note: IF this is not completed prior to the installation day a “U” bolt installation fee of $600 per 80 cart fleet will be charge to the golf course. 2.Installation day duties: The Champion will be available to assist installers exclusively while installers are on the golf course property. These specific tasks are required: a.Golf cart relocation (in and out of cart barn) b.Placing DCI inventory (tablet, converter wires, zip ties, 3.5” mounting arm, etc.) on each golf cart, as golf carts are in position for installation. c.Tablet programming-club code and golf cart # d.Watching and learning the installation process e.Trash removal 3.Post-Installation day duties: a.Care and any maintenance necessary b.Client Feedback c.Tablet service parts exchange. 226 of 330 6. J CONSENT AGENDA March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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 March 4, 2014 The City Commission met on March 4, 2014 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 227 of 330 228 of 330 229 of 330 230 of 330 231 of 330 232 of 330 233 of 330 234 of 330 235 of 330 236 of 330 7. A BIDS AND PURCHASES OVER $100,000 March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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. R14-025 - EQUESTED CTION BY ITY OMMISSION Approve an agreement with Architects Design Group/ADG of Winter Park, FL for "POLICE FACILITY DESIGN SERVICES" as a result of RFQ #077-2110-13/JMA to be handled on a task order basis. Approve Task Order #1 in the amount of $94,060 for existing site evaluation and detailed spatial needs assessment and authorize the City Manager to sign. TA:O(1), ERM OF GREEMENT NE YEAR FROM EXECUTION OF AGREEMENT ANNUAL RENEWAL ,. BASED ON CITY COMMISSION APPROVAL UNDER THE SAME TERMS AND CONDITIONS ER: On November 19, 2013 the City Commission approved the XPLANATION OF EQUEST list of top ranking qualifiers identified by the Evaluation Committee from the responses received from RFQ #077-2110-13/JMA for Police Facility Design Services and authorized staff to negotiate with Architects Design Group/ADG, the top ranked qualifier. The RFQ was advertised and submittals opened on September 12, 2013 The City received and reviewed seven (7) submittals and submitted the top three (3) ranked qualifiers to the City commission on November 19, 2013 for their approval and authorization to move forward with negotiations for compensation of services with Architects Design Group/ADG, according to Florida State Statute 287-55, Consultants’ Competitive Negotiations Act. ADG will provide services of a qualified Architectural/Engineering firm capable of providing professional services for the design and construction of a new Police Facility at the southeast corner of Gateway Boulevard and High Ridge Road. 237 of 330 Desired services shall include, but may not necessarily be limited to, conceptual design and space planning, cost estimates, preparation of bidding documents including all specifications and special/general provisions, technical oversight during construction to include submittal reviews and site inspection, and preparation of record drawings. Individual task orders will be generated as specific actions are realized. There may be other related tasks not mentioned that will be required during the course of the agreement. The scope of services is provided as Attachment “A” and the negotiated Fee schedule is provided as Attachment “B” to the agreement. A task order will be issued for individual tasks, determined by city staff, and consultant will prepare a cost estimate for the specific task order in accordance with the hourly rates included in the executed agreement or by fixed-fee amount. Task orders in excess of $25,000 will be brought back to the City Commission for approval. H? This agreement will provide for the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES issuance of task orders in connection with projects included under the scope of services. Individual task orders in excess of $25,000 will be brought back to City Commission for approval. FI: The costs of the individual task orders will be paid from approved CIP ISCAL MPACT projects or budgets within the City’s Adopted Budget. A: Not approve the contract and re-issue RFQ’s. LTERNATIVES 238 of 330 RESOLUTION NO. R14-025 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT WITH ARCHITECTS DESIGN GROUP/ADG OF WINTER PARK, FL FOR “POLICE FACILITY DESIGN SERVICES” AS A RESULT OF THE RFQ #077-2110-13/JMA TO BE HANDLED ON A TASK ORDER BASIS; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT FOR POLICE FACILITY DESIGN SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , on November 19, 2013 the City Commission approved the list of top ranking qualifiers identified by the evaluation Committee from the responses received to RFQ #077-2110-13/JMA for Police Facility Design Services and authorized staff to negotiate with Architects Design Group/ADG, the top ranked qualifier; 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 Agreement for Police Facility Design Services with Architects Design Group/ADG of Winter Park, FL as a result of RFQ #077-2110-13/JMA to be handled on a task order basis; and authorizes the City Manager and City Clerk to sign the 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 approves the Agreement for Police Facility Design Services with Architects Design Group/ADG of Winter Park, FL as a result of RFQ #077-2110-13/JMA to be handled on as task order basis. Section 3. The City Commission authorizes the City Manager and City Clerk to execute the Agreement for Police Facility Design Services with Architects Design Group/ADG of Winter Park, FL, a copy of which is attached hereto as Exhibit “A.” 239 of 330 Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS 18th day of March, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _______________________________ Commissioner – Joe Casello __________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 240 of 330 AGREEMENT FOR POLICE FACILITY DESIGN SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to ARCHITECTS DESIGN GROUP/ADG, INC. OF WINTER PARK, FL as “CITY”, and _____, hereinafter referred to as “CONSULTANT”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton Beach solicited proposals for a Contract to perform professional services with an engineering firm for required services, and WHEREAS, THE CITY issued a Request for Qualifications for Police Facility Design Services, RFQ No. 077-2110-13/JMA and WHEREAS, RFQ No. 077-2110-13/JMA defined Scope of Services and described in Attachment “A”, with hourly rates. WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on _NOVEMBER 19__, 2013, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the City Manager, 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. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES CONSULTANT agrees to perform Police Facility architectural/engineering services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The CITY’s Project Manager during the performance of this Contract shall be__Jeff Livergood, Director of Public Works____ telephone (561) 742-_6201__. 241 of 330 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 - TIME OF PERFORMANCE Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement and the specific task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. 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. b. 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. c. 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. ARTICLE 5 - 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 6 - 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 in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS 242 of 330 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 at the sole and absolute discretion of the CITY. ARTICLE 8 - 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 9 - INDEMNIFICATION CONSULTANT shall indemnify, defend and hold harmless the CITY, its officers, 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 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker’s Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker’s Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-Consultant that does not have their own Worker’s Compensation and Employer’s Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an “Occurrence” basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, “Indemnification” of this Agreement. This policy 243 of 330 shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $300,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- contractors comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY’s written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a “tail coverage” in an amount equal to that described above for Comprehensive Liability Insurance on a claims-made policy only ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 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 244 of 330 industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 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 as discussed in Article 23. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 – TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT’s most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this “Certificate” within one (1) year following payment. ARTICLE 14 - 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 15 - ASSIGNMENT The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON-WAIVER 245 of 330 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 – TERMINATION 17.1 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. 17.2 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 18 - DISPUTES Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19 – UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: 246 of 330 City of Boynton Beach Attn: Jeff Livergood 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 Notices to CONSULTANT shall be sent to the following address: Architects Design Group/ADG,Inc ATTN: Ian Reeves 333 North Knowles Avenue Winter Park, FL 32289 ARTICLE 21 - INTEGRATED AGREEMENT This Agreement, together with the RFQ #077-2110-13/JMA and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State’s subdivisions by state law. 22.2 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. ARTICLE 23 – PUBLIC RECORDS The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The 247 of 330 contractor shall comply with Florida’s Public Records Law. Effective July 1, 2013, Section 119.071, Fla. Stat., the contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology of the agency. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. IN WITNESS WHEREOF , the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: 248 of 330 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 ATTACHMENT “A” POLICE FACILITY DESIGN SERVICES RFQ No.: 077-2110-13/JMA 249 of 330 SCOPE OF SERVICES AND PROJECT INFORMATION 1.1BACKGROUND: The City of Boynton Beach, Florida provides critical Police public safety services for its population of approximately 68,000 residents. The Police Department currently operates its services at a facility in the City Hall Complex, 100 East Boynton Beach Boulevard. The current Police facility is slightly less than 20,000 square feet and is woefully undersized. Its current design is not congruent with modern Police facilities. Beginning in 2003, the City has conducted several space needs analyses to determine the appropriate size for a new facility and to allow preparation of future capital plans. Prior studies have suggested that a new facility could range in size from 60,000 square feet to 80,000 square feet depending upon final design that considers appropriate adjacencies and shared space. In 2004, the City acquired 9.4 acres of land on the southeast corner of Gateway Boulevard and High Ridge Road for the purpose of constructing a new Fire Station and Fire Administration Building, and a new Police Facility. The intention was to create a City of Boynton Beach public safety complex. In 2009, Boynton Beach Fire Rescue relocated to their new facility. There now remains approximately 5.5 acres on which to construct a new Police Facility and thereby complete the vision for a new public safety complex on these parcels. 1.2GOAL: The City is seeking an Architectural/Engineering Firm with the requisite skills to complete space programming, conceptual design and cost estimate, preparation of bidding documents including all specifications and special/general provisions, technical oversight during construction to include submittal reviews and site inspection, and preparation of record drawings. 1.3 SCOPE OF SERVICES TO BE PERFORMED: The City of Boynton Beach (City) is issuing this Request for Qualifications (RFQ) for submissions from firms with qualified experience as noted herein. Upon selection of the most qualified firm by the Boynton Beach City Commission, a task order, or professional services contract will be negotiated for subsequent approval by the City Commission. The task order contract(s) will comply, at minimum, with the following requirements and services. The City will reserve the right to eliminate any or all of the remaining tasks at any time upon the completion of an awarded task order by the Consultant. TENTATIVE TASKS: a. Consultant shall prepare a new space needs assessment. The assessment shall include review of prior space evaluations and interviews with key staff. b. Preparation of a concept design sufficient to illustrate a proposed floor plan, building elevations and overall site plan compatible with the 250 of 330 existing Fire Station. The concept design shall also include a preliminary cost estimate for design, construction and furnishing that is sufficient to provide guidance for City funding via bond issuance. c. Preparation of a final design. This specific task shall also include, but not be limited to, final design and preparation of bidding documents including all specifications and special/general provisions, technical oversight during construction to include submittal reviews and site inspection, and preparation of record drawings. The project is targeting the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) for New Construction and Major Renovation to achieve at least a LEED certified level of certification through the process of the Green Building Certification Institute (GBCI) and meet the requirements of the City of Boynton Beach Green Building Program (International Green Construction Code). 1.4 TASK ASSIGNMENT: The City will designate a Project Manager for this project. The Project Manager will prepare a scope of services for each task assignment that will be submitted to the awarded consultant to provide the cost for the specific Task Order in accordance with the hourly rates to be established for this Contract. Task Orders will be sent to City Commission for approval. ARCHITECTS DESIGN GROUP, INC. ADDITIONAL SERVICES HOURLY RATES Effective 01/14 through 01/15 Per hour rates of the Architects, Interior Designers and other personnel are established as follows: 251 of 330 Principals........................................................................................................................... 205.00/hr. Studio Department Principals/Project Architects ............................................................. 182.00/hr. Associates ......................................................................................................................... 152.00/hr. Project Managers .............................................................................................................. 145.00/hr. Designers............................................................................................................................. 87.00/hr. Computer Draftsperson I..................................................................................................... 65.00/hr. Computer Draftsperson II ................................................................................................... 65.00/hr. Computer Supervisor .......................................................................................................... 95.00/hr. Threshold Inspector (Certified) ........................................................................................... 83.00/hr. Construction Administrators ............................................................................................. 102.00/hr. Specification Writer ............................................................................................................ 98.00/hr. Senior Draftsperson ............................................................................................................ 87.00/hr. Draftsperson I...................................................................................................................... 73.00/hr. Draftsperson II .................................................................................................................... 65.00/hr. Accounting Services ........................................................................................................... 83.00/hr. Staff (Word Processor I) ..................................................................................................... 50.00/hr. Graphic Designer ................................................................................................................ 72.00/hr. Interior Design Principal ................................................................................................... 105.00/hr. Interior Design Designer ..................................................................................................... 77.00/hr. Interior Design Specification Writer ................................................................................... 76.00/hr. Interior Design Draftsperson I ............................................................................................ 66.00/hr. Note: Any changes in the above noted hourly rates, after January 2014 shall be provided to the Owner thirty (30) days prior to said date and cannot exceed the noted rates by an amount greater than fifteen (15%) percent. 252 of 330 253 of 330 254 of 330 255 of 330 256 of 330 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 03/18/2014 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 negotiated settlements in case of Brooke EQUESTED CTION BY ITY OMMISSION Bosler v. City of Boynton Beach. ER: XPLANATION OF EQUEST Defense Counsel: N/A Plaintiff Counsel: Lee Cohen, Esq. Incident: On October 17, 2013 while stopped behind a city vehicle at a stop sign, employee began to back up and struck third party in the front causing substantial damage to the vehicle and the airbags to deploy. The deployment of the airbags caused the driver to sustain injuries to her right wrist and knee. The vehicle was totaled. There are two separate settlements which the City’s adjuster was able to negotiate. The first is for Bodily Injury in the amount of $15,000. (Executed release attached.) The second is for damages to the vehicle in the amount of $11,215.86, which will be paid directly to GEICO. H? Recommendations for settlements OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of claims of the nature are part of the ongoing responsibilities of the Human Resources and Risk Management Department. 257 of 330 FI: Settlements will be charged to the Risk Management Budget line item ISCAL MPACT 522-1710-519-49.20 - Self Insured Losses for first and third party claims. A: Failure to approve settlement will result in discovery, litigation, and trial LTERNATIVES costs. Costs are estimated to be between $50,000 - $80,000. 258 of 330 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVerierre City Manager THRU: Julie Oldbury HR/Risk Director FROM: Pam Webb, Risk Administrator DATE: February 26, 2014 SUBJECT: Brooke Bosler v. City of Boynton Beach Date of Loss: October 17, 2013 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 100,000 Expenses: $ 50,000 Demand : Original: $ 100,000 Final: $ 50,000 Offer : Original: $ 10,000 Final: $ 15,000 SETTLEMENT Bodily Injury Vehicle Damages : $ 15,000$11,215.86 X NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ -0- $ -0- IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 60,000 : $ 25,000+ JUDGEMENT$ - : __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE : On October 17, 2013 while stopped behind a city vehicle at a stop sign, employee began to back up and struck third party in the front causing substantial damage to the vehicle and the airbags to deploy. The deployment of the airbags caused the driver to sustain injuries to her right wrist and knee. The vehicle was totaled. These settlements include both bodily injury and damages to her vehicle with an executed release (attached). 259 of 330 260 of 330 261 of 330 262 of 330 263 of 330 264 of 330 265 of 330 266 of 330 267 of 330 268 of 330 269 of 330 270 of 330 271 of 330 272 of 330 273 of 330 274 of 330 275 of 330 276 of 330 277 of 330 278 of 330 279 of 330 280 of 330 281 of 330 282 of 330 283 of 330 284 of 330 285 of 330 286 of 330 287 of 330 288 of 330 289 of 330 290 of 330 291 of 330 292 of 330 293 of 330 9. A PUBLIC HEARING March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve request for new site plan approval to EQUESTED CTION BY ITY OMMISSION construct a one-story, 6,200 square foot retail/office building and related site improvements, located at 3008 South Congress Avenue, and zoned M1 (Industrial). Applicant: Bradley Miller, Miller Land Planning, Inc. ER: Storage Quest Boynton Beach LLLP is requesting site plan XPLANATION OF EQUEST approval to construct a one-story, 6,200 square foot retail/office building and related site improvements on a 1.01-acre parcel. The subject site is vacant and is located on the th east side of Congress Avenue, approximately 500 feet north of SW 30 Avenue. The property is owned by the new owners of the storage facility located directly east of the parcel (Mega Mini), and they desire to connect the two properties through an ingress/egress point from Congress Avenue for purposes of improved access and greater visibility. As part of the project, the property owner proposes to move their business office into the new building. The remainder of the building has been designed to accommodate up to four (4) additional tenants. The Planning & Development Board reviewed this request at their February 25, 2014 meeting and recommended approval of the site plan request. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Annual revenues are anticipated to be $12,700 from ad valorem taxes, ISCAL MPACT fire assessment, business tax, water, sewer and stormwater fees, and fire inspection fees. Additionally, one-time building permit fees will be collected for the construction of the project. 294 of 330 A? None recommended LTERNATIVES 295 of 330 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14-004 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: February 10, 2014 PROJECT NAME/NO: iStorage Center / NWSP 14-001 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Storage Quest Boynton Beach LLLP Applicant: Bradley Miller, Miller Land Planning, Inc. Location: 3008 South Congress (see Exhibit “A” – Location Map) Existing Land Use: Industrial (I) Existing Zoning: Industrial (M1) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Use: Request new site plan approval to construct a one-story, 6,200 square foot retail/office building and related site improvements. Acreage: 1.01-acre (43,996 square feet) Adjacent Uses: North: Right-of-way for L.W.D.D. L-28 Canal, and farther north are a single-family residence, a vacant residential lot and multi-family condominium units (Villas of Golf View Harbour), each with a High Density Residential (HDR) future land use classification, and zoned Multi- Family Residential (R-3); 296 of 330 South: Developed property consisting of an automated carwash, self- storage facility and contractor’s office and yard, with an Industrial (I) future land use classification, and zoned Light Industrial (M1); East: Developed property consisting of a self-storage facility, with an Industrial (I) future land use classification, and zoned Light Industrial (M1); and West: Right-of-way for Congress Avenue, and farther west is a developed property consisting of a physical therapy rehabilitation facility (Manor Care), with a Local Retail Commercial (LRC) future land use classification, and zoned Community Commercial (C-3). Site Details: The subject site is vacant and is located on the east side of Congress th Avenue, approximately 500 feet north of SW 30 Avenue. The property is owned by the same company that owns the storage facility directly east of the parcel, and they desire to connect the two properties through an ingress/egress point from Congress Avenue for purposes of improved access and greater visibility. As part of the project, the property owner proposes to move their business office into the new building for greater exposure and ease of access. BACKGROUND Proposal: Bradley Miller, of Miller Land Planning, Inc., representing Storage Quest Boynton Beach LLLP, is requesting site plan approval to construct a one-story, 6,200 square foot retail/office building and related site improvements. Certain retail and office uses are permitted by right on parcels zoned M1 (Industrial), provided they are 1) located in a multi- tenant building situated on a parcel fronting an arterial or collector roadway (such as Congress Avenue); 2) individual tenant space does not exceed 5,000 square feet in size; 3) the use excludes a drive-through component; and lastly, the use must be able to comply with the off-street parking requirements. These regulations were adopted as a result of the M1 Corridor Study, in an effort to create a more attractive streetscape along our larger thoroughfares, as opposed to industrial operations with outside storage and open overhead bay doors. Additionally, the revised regulations make provisions for convenience type office and retail uses on the fringe of employment and residential areas to reduce the amount of traffic and length of vehicular trips. th This parcel is the last of the vacant land between SW 30 Avenue and the L.W.D.D. L-28 canal to be developed. The parcels immediately south of this site were developed as part of a phased project, beginning with the approval of a three (3) story limited-access self-storage building at the south end of the parcel in 2003. Phase II, a carwash facility situated between the storage facility and the applicant’s parcel, was approved in 2006. The carwash was approved as a Conditional Use, after preparing a sound study and providing additional landscape buffering to ensure compliance with the City’s noise ordinance. Finally, in 2008, the third phase, a contractors office with storage (not fronting on Congress Avenue) was approved immediately west of the carwash parcel. 297 of 330 ANALYSIS Concurrency: Traffic: A traffic statement for the proposed project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. A traffic concurrency approval letter was received from Palm Beach County indicating that two (2) AM peak hour trips and 32 PM peak hour trips would be generated as a result of this project and that no permits are to be issued after the build-out date of 2016. School: School concurrency is not required for this type of project. Utilities: The City’s water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project, subject to the applicant making a firm reservation of capacity, following site plan approval. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City’s review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Lake Worth Drainage District (L.W.D.D.) has also reviewed the plans and requested the applicant provide a five (5) foot easement immediately abutting their canal right-of-way. The applicant has depicted the proposed five (5) foot easement on the site plan per L.W.D.D. request. Prior to issuance of a L.W.D.D. permit, the applicant will be required to record the easement in County records. Vehicular Access: The site plan (Sheet SP-1) shows that two (2) primary points of ingress/egress are proposed for the new building. The first, a right- in/right-out driveway opening from Congress Avenue, would occur at the southwest corner of the parcel within a 25 foot wide ingress/egress easement located between this parcel and the carwash to the south. This easement was required at the time of approval of the carwash project. A second point of ingress/egress is an existing full driveway opening along th SW 30 Avenue, south of the parcel. This access was required during the approval of the three (3) story limited-access self-storage building to the south and extended to this site during approval of the carwash property. A point of inter-parcel access is proposed between the existing single story self-storage facility to the east and the subject site, both under same ownership, as part of a Minor Site Plan Modification subsequent to approval of this proposed site plan. Prior to the construction of the proposed bridge and culvert within the drainage easement, the property owner will be required to record a hold harmless agreement in the County records, once approved by the City Attorney (see Exhibit “C” – Conditions 298 of 330 of Approval). The requirements for a dumpster and truck loading zone have been reviewed and approved by the Engineering Division with the submittal of truck turning radius diagrams by the applicant. Circulation: Vehicular circulation from each driveway would include two-way circulation that continues throughout the parking lot. Pedestrian connectivity would be provided on site via a walkway that would extend from the east and south sides of the building, where tenant entries would be, and connect with the sidewalk along South Congress Avenue. A covered bike rack is proposed on the south side of the building, between tenant entrances. Parking: The site plan (Sheet SP-1) proposes a 6,200 square foot office/retail building, which would require 31 parking spaces maximum if the entire 6,200 square feet was devoted to retail. The required number of parking spaces is based upon the standard of one (1) parking space per 200 square feet of building, as opposed to one (1) space per 300 square feet for office use. The site plan depicts 31 parking spaces, including two (2) designated for handicap use. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. Landscaping: The landscape plan (Sheet L-1) indicates compliance with the required minimum buffers around the perimeter of the site. A seven (7)-foot wide buffer is proposed adjacent to South Congress Avenue and a five (5)-foot wide buffer along the south and east property lines. Along the north property line, adjacent to the L.W.D.D. canal and residential development farther north, the landscape plan indicates a 12-foot wide buffer that includes a six (6)-foot high buffer wall. The wall will have decorative columns, cap, and offsets to comply with the monotony restrictions, as well as a Marlberry hedge at 36” in height and Jamaican Caper shrubs 48” in height planted in the offsets along the exterior of the wall. On the interior of the wall, the north buffer will consist of Live Oak, Green Buttonwood, and Sabal Palm trees. These canopy trees would be planted at 16 feet in height and the Sabal palms would be 20 feet in height, in an effort to provide a substantial screen as part of the required Type II Buffer. The landscaping scheme provides the aforementioned canopy and palm trees, as well as Silver Buttonwood, East Palatka Holly and Alexander Palm trees. Typical shrubs would include Horizontal and Red Tip Cocoplum, Copperleaf, Florida Privet, Podocarpus, and Firebush. The pervious area would total 44% of the entire site and consists of landscaped and open space areas. The landscape code requires that 50% or more of the plant material be native species or low to medium water demand varieties. The plant list (Sheet L-1) indicates that 75% of the trees would be native species. Also, the landscape plan indicates that a total of 99% of shrubs would be categorized as low to medium water demand. The code also limits the use of sod to larger open spaces for passive or active recreation purposes, as well as swales, water detention and retention areas, in an effort to reduce water consumption. The applicant has reduced the amount of sodded areas from the original submittal, limiting placement to the canal banks and the 299 of 330 sloped area between the building and the Congress Avenue sidewalk. As the landscape area between the building and the sidewalk along Congress Avenue does not fit one of these categories, staff is recommending a condition of approval to replace the proposed sod with a hearty groundcover or variety of shrub material (see Exhibit “C” – Conditions of Approval). Building and Site: The proposed building is designed as a one (1)-story structure with parapet walls at two (2) varying heights to provide architectural character to the structure. The proposed building placement complies with the minimum setbacks of the M1 zoning district, which are 15 feet for the front and sides and 20 feet for the rear yard setback. The proposed building would be setback 37 feet from the north property line, with the additional 80 foot wide L.W.D.D. canal right-of-way further separating it from residentially zoned property. There is also a six (6) foot tall wall with landscaping on both sides providing further buffering. As noted previously, the applicant proposes to bridge the drainage easement to the east and provide a driveway connection to their existing storage property. The floor plan (Sheet A2.01) indicates the proposed building is designed to be utilized by up to five (5) tenants, with tenant spaces proposed between approximately 1,000 and 1,400 square feet. One of the tenants proposed for the space includes the business office for the single story self-storage facility to the east (iStorage), since a connection is proposed between the two (2) properties. The floor plan, as designed, would allow for the combination of proposed tenant spaces, thereby reducing the total number of tenants. Building Height: The building elevations (Sheet A3.01) indicate the highest point of the structure would be 24 feet – 8 inches in height, with the typical parapet wall at 20 feet – 8 inches, and the roof deck at a height of 16 feet – 8 inches, well below the maximum of 45 feet allowed in the M1 zoning district, and below the maximum 45 feet allowable height of the residential district to the north, across the canal. Design: The proposed building utilizes many similar design features as other area retail/office buildings, including neutral colors. According to the “Materials Schedule” shown on Sheet A3.01, the main body paint colors of the building would be a light cream and light tan “Modest White” – SW 6084 and “Sand Dollar” – SW 6099 respectively. The base color for the building is proposed as a medium tan “Dapper Tan” – SW 6144. The accent color of the cornice and trim above would be white “Extra White” – SW 7006. The elevations show that the parapet roof would vary in height to give architectural character to the building and help define tenant spaces. Storefront glass is proposed on the east, south and north sides of the building, with glass doors and sidelights on most of the west building façade. All facades depict red standing seam metal canopies over the windows and doors. Public Art: The applicant has indicated they have not selected the proposed artwork or artist at this time. The proposed development of the site is anticipated to cost $700,000, which places the value of any artwork for the site at approximately $4,900. Ultimate review and approval of the artist and artwork would be under the purview of the Arts Commission. 300 of 330 Site Lighting: The photometric plan (Sheet PP-1) proposes a total of six (6) freestanding lights in the parking lot. The freestanding lights would be fiberglass pole light fixtures painted black and 15 feet in height. Additional exterior lighting would be building mounted at a height not to exceed 15 feet. Per Chapter 4, Article VII., Section 3.C. of the Land Development Regulations, all proposed lighting shall be shielded to direct light down and away from adjacent properties and rights-of-way. The height of the pole and wall fixtures was chosen to mitigate any light trespass onto the residential properties over 100 feet away, and in conjunction with the landscape buffer on the north property line, there should be no adverse impacts. Signage: Wall signage would consist of non-internally illuminated aluminum sign faces with 3M vinyl graphics. iStorage signage would be red and black background with white letters. All other tenants would have the same type and material sign, with red background and white letters, each utilizing the Arial font. The signs will be externally illuminated by a light bar installed beneath the sign panel. Staff recommends the light bar proposed to be placed underneath the tenant signs for external illumination be designed in such a manner as to obscure the light source from view from off the premises (see Exhibit “C” – Conditions of Approval). Tenant sign square footage will be calculated based upon one (1) square foot of sign per one (1) lineal foot of tenant frontage. There is no monument sign planned for the site at this time. RECOMMENDATION The Development Application Review Team (DART) has reviewed this request for new site plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit “C” – Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\iStorage Center\NWSP 14-001\Staff Report.doc 301 of 330 302 of 330 303 of 330 304 of 330 305 of 330 306 of 330 307 of 330 308 of 330 EXHIBIT “C” CONDITIONS OF APPROVAL Project Name: iStorage Center File number: NWSP 14-001 ND Reference: 2 review plans identified as a New Site Plan with a January 14, 2014 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None, previous comments addressed. FIRE Comments: None POLICE Comments: None, previous comments addressed. BUILDING DIVISION Comments: 1. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART X (Development Application Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 309 of 330 DEPARTMENTS INCLUDE REJECT 2. Identify within the Site Data the finished floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the Site Data that address the following issues: A. The design professional-of-record for the project shall add the following text to the Site Data: “The proposed finish floor elevation___.__ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the X SFWMD’s surface water management construction development regulations. B. From the FIRM map, identify in the Site Data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. C. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled Site Plan, Floor Plan and Civil Plan. 3. At time of permit review, submit signed and sealed working X drawings of the proposed construction. 4. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources X are readily available. A water-use permit from SFWMD is required for an irrigation 5. system that utilizes water from a well or body of water as its X source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. At time of permit review, submit separate surveys of each lot, 6. X parcel, or tract. 7. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit X application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 8. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City’s GIS Division, and the Palm Beach County Emergency X 911. a. Palm Beach County Planning, Zoning & Building Division, 2300 N. Jog Road, West Palm Beach, Florida 33411- 2741(Sean McDonald – 561-233-5016) b. United States Post Office, Boynton Beach (Michelle Bullard – 561-734-0872) 310 of 330 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 9. It is the applicant’s responsibility to ensure that the application request is publicly advertised in accordance with Ordinance 04-007 and Ordinance X 05-004 and an affidavit provided to the City Clerk. 10. The construction of the proposed bridge and culvert within the drainage easement will require the recording of a hold harmless and maintenance agreement, approved by the City Attorney, in the X County records prior to the work commencing. 11. Signage depicted on the building facades are for reference only. Compliance with Sign Program and Sign Code regulations will be X determined at time of permitting. 12. The light bar proposed to be placed underneath the tenant signs for external illumination shall be designed in such a manner as to obscure the light X source from view from off the premises. 13. The landscape code requires elimination of any small sod areas to reduce irrigation demand. The applicant shall eliminate the sodded area X proposed along Congress Avenue and replace it with a hearty groundcover or a variety of shrub material. 14. Please revise the site plan, landscape plan and all other appropriate plans to depict location of required public art. It is recommended you coordinate this effort with Debby Coles-Dobay, Public Arts X Administrator (561-742-6026). COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\iStorage Center\ NWSP 14-001\COA post P&D.doc 311 of 330 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: iStorage Center (NWSP 14-001) APPLICANT: Bradley Miller, Miller Land Planning APPLICANT’S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18, 2014 APPROVAL SOUGHT: New site plan approval to construct a one-story, 6,200 square foot retail/office building and related site improvements, located at 3008 South Congress Avenue, and zoned M1 (Light Industrial). LOCATION OF PROPERTY: 3008 South Congress Avenue, on the east side approximately 500 feet th north of SW 30 Avenue. DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City’s Land Development Regulations. 2. The Applicant ___ HAS ___ HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit “C” with notation “Included.” 4. The Applicant’s request is hereby ___ GRANTED subject to the conditions referenced in paragraph 3 above. ___ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: _______________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ DATED:__________________________ _____________________________________________ City Clerk 312 of 330 S:\Planning\SHARED\WP\PROJECTS\iStorage Center\NWSP 14-001\DO.doc 313 of 330 12. A NEW BUSINESS March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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: Consider funding request for Sister Cities EQUESTED CTION BY ITY OMMISSION Committee in the amount of $967.00 for: 1) annual dues to the Sister Cities International ($680); 2) annual dues to the state association ($25); 3) State filing fee ($62); and the Boynton Beach Chamber of Commerce membership dues ($200). ER: Attached please find an email communication from Ms. XPLANATION OF EQUEST Jeanne Heavilin regarding funding assistance for the Sister Cities Committee’s dues to the International Association ($680), the State Association ($25), the State Filing Fee($62) and the Boynton Chamber dues. H? The City has recently restored OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES funding in the budget to support these expenses for the Sister Cities Committee. FI: $967.00 – Funding provided in account 001-1211-512-81-01. ISCAL MPACT A: Not provide funding assistance. LTERNATIVES 314 of 330 315 of 330 13. A LEGAL March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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. 14-002 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve Ordinance rescinding Ordinance 13-014 which changed the land use designation for a parcel of land located at 125 East Ocean Avenue from Public and Private Governmental/Institutional (PPGI) to Mixed Use (MX); restoring Public and Private Governmental /Institutional (PPGI) land use to the property. ER: The City Commission adopted Ordinance No. 13-014 which XPLANATION OF EQUEST reclassified the land use of the property from Public and Private Governmental/Institutional (PPGI) to Mixed Use (MX). The adoption of Ordinance No. 13-014 contemplated a public/private partnership and transfer of real property that did not occur. Rescission of Ordinance No. 13-014 to restore the previous Public and Private Governmental/Institutional (PPGI) land use designation will allow planning for further use of the property as part of a City Town Square Area project within which the land is located. On January 21, 2014, the City Commission approved this ordinance on first reading. Subsequently, the Planning & Development Board reviewed it at the February 25, 2014 meeting and recommends its approval to the City Commission . H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: Not rescind Ordinance 13-014 which limits the use of the property. LTERNATIVES 316 of 330 ORDINANCE NO. 14-004 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RESCINDING ORDINANCE 13-014 WHICH CHANGED THE LAND USE DESIGNATION FOR A PARCEL OF LAND LOCATED AT 125 EAST OCEAN AVENUE FROM PUBLIC AND PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) TO MIXED USE (MX); RESTORING PUBLIC AND PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) LAND USE TO THE PROPERTY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted Ordinance No. 13-014 which reclassified the land use of the property from Public and Private Governmental/Institutional (PPGI) to Mixed Use (MX); and WHEREAS, the adoption of Ordinance No. 13-014 contemplated a public/private partnership and transfer of real property that did not occur; and WHEREAS, staff supports rescission of Ordinance No. 13-014 to restore the previous Public and Private Governmental/Institutional (PPGI) land use designation which would allow planning for further use of the property as part of a City Town Square Area project within which the land is located. 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 incorporated herein by this reference. Section 2. Ordinance No. 13-014 is hereby rescinded. The land use on the property will revert to Public and Private Governmental/Institutional (PPGI). Section 3. That the Land use Map of the City is amended to reflect this rescission. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 317 of 330 Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. st FIRST READING this 21 day of January, 2014. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: ______________________________ Commissioner – Joe Casello _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 318 of 330 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 14-002 STAFF REPORT TO: Chair and Members Planning and Development Board THRU:Michael Rumpf Planning and Zoning Director Hanna Matras, Senior P FROM:lanner DATE:January 21, 2014 PROJECT: The Boynton Old School Commercial Center Revocation of Mixed Use (MX) Future Land Use classification REQUEST: Approve the Boynton Old School Commercial Center (LUAR 14-001) reclassifying subject property from Mixed Use (MX) to Public and Private Governmental/ Institutional (PPGI) ________________ PROJECT DESCRIPTION Property Owner: The City of Boynton Beach Applicant: City-initiated Location: 125 East Ocean Avenue (see Exhibit “A”) Existing Land Use/Zoning: Mixed Use (MX)/ Public Usage (PU) Proposed Land Use/Zoning: Public and Private Governmental/Institutional (PPGI)/Public Usage (PU) Proposed Use: N/A Acreage: 1.939 acres Adjacent Uses: st North: The right-of-way for the NE 1 Avenue; farther north, the City Hall Complex, classified Public and Private Governmental/Institutional (PPGI) and designated Public Usage (PU); South: The Boynton Beach City Library and Civic Center, classified Public and Private Governmental/Institutional (PPGI) and designated Recreation (REC); 319 of 330 East: Schoolhouse Children’s Museum and Learning Center, and Kids Kingdom park, classified Public and Private Governmental/ Institutional (PPGI) and zoned Public Usage (PU); West: Right-of-way for Seacrest Boulevard; and farther west First United Methodist Church, classified Low Density Residential (LDR) and High Density Residential (HDR) and zoned R-3 (Multi-Family Residential) and R-1A (Single-Family Residential). BACKGROUND AND RECOMMENDATION On June 18, 2013 the City Commission adopted Ordinance No. 13-014, which reclassified the land use of the property from Public and Private Governmental/Institutional (PPGI) to Mixed Use (MX). However, the City Commission did not approve the city-initiated request for rezoning of the property from Public Usage (PU) to Mixed Use Low Intensity 1 zoning district or the applicant’s request for a Major Site Plan Modification. The adoption of subject ordinance contemplated a public/private partnership and transfer of real property that did not occur. Therefore, staff supports rescinding of Ordinance No. 13-014 to revert the site to the original Public and Private Governmental/Institutional future land use classification. S:\Planning\SHARED\WP\PROJECTS\Boynton Old School Commercial Center\LUAR 14-002\Staff Report.doc 320 of 330 13. B LEGAL March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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. 14-004 - FIRST EQUESTED CTION BY ITY OMMISSION READING - Approve Ordinance rescinding Ordinance 13-001 which established a local/city historic designation for the Old High School. ER: The City Commission adopted Ordinance No. 13-001 which XPLANATION OF EQUEST designated the Old High School property as a Historic Designation Site. The adoption of Ordinance No. 13-001 contemplated a public/private partnership and transfer of real property that did not occur. Rescission of Ordinance No. 13-001 to remove the designation of Historic Designation Site will allow planning for further use of the property as part of a City Town Square Area project within which the land is located. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: Not rescind Ordinance 13-001 which limits the use of the property. LTERNATIVES 321 of 330 ORDINANCE NO. 14-004 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RESCINDING ORDINANCE 13-001 DESIGNATING THE PROPERTY KNOWN AS THE BOYNTON HIGH SCHOOL LOCATED AT 125 EAST OCEAN AVENUE AS A LOCAL HISTORIC SITE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE . WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted Ordinance No. 13-001 which designated the property known as the Boynton High School located at 125 East Ocean Avenue as a historic site; and WHEREAS, the adoption of Ordinance No. 13-001 contemplated a public/private partnership and transfer of real property that did not occur; and WHEREAS, staff supports rescission of Ordinance No. 13-001 to rescind the designation of a historic site which would allow planning for further use of the property as part of a City Town Square Area project within which the land is located. 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 incorporated herein by this reference. Section 2. Ordinance No. 13-001 is hereby rescinded. The designation of Boynton High School Historic Site is removed from the property. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. This ordinance shall become effective immediately upon passage. 322 of 330 FIRST READING this 18th day of March, 2014. SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Woodrow L. Hay ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: ______________________________ Commissioner – Joe Casello _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 323 of 330 13. C LEGAL March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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: 1) Accept report/update from City Attorney on EQUESTED CTION BY ITY OMMISSION Sober Home legislation per the request of Commissioner Casello; and 2) Adopt PROPOSED RESOLUTION NO. R14-026 - supporting legislative changes being considered by the State Legislature at this time. ER: At the March 4, 2014 Commission meeting Commissioner XPLANATION OF EQUEST Casello requested that staff provide an update on the topic of Sober Homes. Attached is a memorandum prepared by our City Attorney. Also attached is a Resolution for the Commission to consider in support of the current legislative changes that are being considered in Tallahassee during this legislative session. H? tbd OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT A: Not adopt resolution. LTERNATIVES 324 of 330 325 of 330 326 of 330 RESOLUTION NO. R14-026 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA URGING THE FLORIDA LEGISLATURE TO ADOPT AND GOVERNOR RICK SCOTT TO SUPPORT LEGISLATIVE CHANGES PROVIDING FOR THE REGULATION OF RECOVERY RESIDENCES OR “SOBER HOUSES” IN THE FORM OF STATEWIDE LICENSING AND REGISTRATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, recovery residences, also known as “sober houses,” are not required to be licensed under state law; and WHEREAS , sober houses impact residential neighborhoods and when unlicensed and unregulated, create safety and welfare hazards for both their residents and surrounding neighbors; and WHEREAS , the City Commission of the City of Boynton Beach urges the Florida Legislature to adopt and Governor Rick Scott to support regulations and licensing requirements for sober houses in order to: 1.Create a consistent standard of operation to provide uniform and safe operation throughout the state; 2.Provide for accountability for the owners/operators of these homes; 3.Help end abuses that are occurring in some homes; 4.Require background checks for owners/operators of these homes similar to those required for owners/operators of substance abuse treatment providers, assisted living facilities, adult family-care homes and adult day care centers, and community residential homes; and 5.Ensure that certain life safety standards similar to those already in place for the homes and facilities referenced above are followed in order to keep residents safe; and WHEREAS, the community housing component of licensed day or night treatment facilities is already licensed pursuant to Chapter 397, Florida Statutes, and such housing performs the same as a sober house; and WHEREAS , uniform regulation of sober houses will provide safety to a disadvantaged group and protect both the residents and their surrounding communities; and WHEREAS , the City Commission determines that the regulation of sober houses would be in the best interests of and protect the health, safety and welfare of its residents, both temporary and permanent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 327 of 330 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 urges the Florida Legislature and the Governor to support the regulation and licensing of recovery residences (sober houses) located throughout the State of Florida. Section 3. The City Clerk is hereby directed to provide copies of this Resolution to the Governor, the Speaker of the House, the President of the Senate, the Palm Beach County Legislative Delegation, the Florida League of Cities and the Palm Beach League of Cities. Section 4. This Resolution shall become effective immediately upon passage. th PASSED AND ADOPTED by the City of Boynton Beach, this 18 day of March, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Woodrow L. Hay _______________________________ Commissioner – David T. Merker ________________________________ Commissioner – Michael M. Fitzpatrick _______________________________ Commissioner – Joe Casello ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 328 of 330 13. D LEGAL March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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: Pursuant to Section 286.011(8), Florida Statutes, I EQUESTED CTION BY ITY OMMISSION am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: 1. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 502013CA011391XXXXMB AH (Breach of Contract) 2. BOYNTON OLD SCHOOL PARTNERSHIP, LLC., Petitioner vs. CITY OF BOYNTON BEACH, Respondent - Case No. 502013CA011436XXXXMB AY (Writ of Certiorari) ER: In attendance will be Mayor Jerry Taylor, Vice Mayor Woodrow XPLANATION OF EQUEST Hay, Commissioners David Merker, Michael Fitzpatrick and Joe Casello, City Attorney James Cherof, Assistant City Attorney Michael D. Cirullo, Jr., Special Litigation Counsel Lyman Reynolds, and City Manager Lori LaVerriere. Ninety minutes is requested. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The Court Reporter fee. ISCAL MPACT A: N/A LTERNATIVES 329 of 330 14. A FUTURE AGENDA ITEMS March 18, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: March 18, 2014 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: Discuss allowing a Commissioner to run for Mayor EQUESTED CTION BY ITY OMMISSION immediately following the Commissioner's term limit. - TBD ER: Vice Mayor Hay requested at the March 4, 2014 City XPLANATION OF EQUEST Commission Meeting that discussion be added to Future Agenda Items H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: N/A LTERNATIVES 330 of 330