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Agenda 08-01-17
The City of Boynton Beach City Commission Agenda Tuesday, August 1, 2017, 5:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission - REVISED Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boynton- beach. org Page 1 of 452 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES AND PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF 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 and 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). Page 2 of 452 1. OPENINGS A. Call to Order - Mayor Steven B. Grant CLOSED -DOOR SESSION to be held on August 1, 2017 commencing at 5:30 pm in Commission Chambers at City Hall to discuss pending litigation in the case: BENNIS ROBINSON, Plaintiff, vs. JUSTIN HARRIS, individually and the CIT OF BOYNON BEACH, a Florida Municipal Corporation, Defendants - UNITED STATES DISTRICT COURT SOUTHERN D I STRI CT OF FLORIDA- Case No. 9:16-cv-81572-CIV-MARRA/MATTHEW MAN I nvocation Pledge of Allegiance to the Flag led by Commissioner Romelus. Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Announce the first Commission meeting in September has been changed from Tuesday, September 5, 2017 at 6:30 pm to Thursday, September 7, 2017 at 6:30 pm to have First Public Budget Hearing on Proposed FY 17/18 Budget in accordance with the Truth in Millage (TRIM) calendar. B. Announce upcoming Town Square Public Input Meetings: Thursday, August 10, Topic: Playground Thursday, August 17, Topic: Architectural Styles Thursday, August 24, Topic: Open Spaces All meetings will take place at the Boynton Beach City Library from 5:30 p.m. to 7:30 p.m. Flyers for the Public Input Meetings are in the back of the room C. Announce upcoming Town Square Job Fair on August 22, 2017 to be held at Carolyn Sims Center, 225 NW 12th Avenue: Sub -Contractors 8:OOAM - Noon Labor Force 3:OOPM - 7:OOPM D. Award Certificate of Completion to Commissioner Romelus for completion of eighteen hours of instruction at the Institute for Elected Municipal Officials in Tampa, Florida on June 2 - 4, 2017. Presented by Mayor Grant. Page 3 of 452 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Education and Youth Adv. Bd. 1 Reg Library Bd: 1 Alt Planning and Development Bd. 1 Reg Recreation & Parks Bd: 1 Alt Senior Advisory Bd: 1 Alt 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-066 - Adopt the City of Boynton Beach's Community Development Block Grant application for funding authorizing the City Manager's execution and the activities submitted in the City of Boynton Beach's Five Year Consolidated/One Year Action Plan for FY 2017/2022. The anticipated Community Development Block Grant allocation is $514,937, and the re appropriation of $300,000 non expended funds from previous year. B. Approve release of a Bond, in the amount of $363,000 for the construction of a signal at Old Boynton Road and the Renaissance Commons spine road. This signal was required as a part of the land development permit for Boynton Town Center project. C. Authorize utilizing National Joint Powers Alliance (NJPA) Contract #031913 -SGL - "Facility Security Equipment, Systems and Services with Related Equipment and Supplies" for contractual fire alarm system services and repairs in various City facilities from Simplex Grinnell LP for an estimated annual expenditure of $75,000 which expires April 23, 2018. The NJPA bid process satisfies the City's competitive bid requirements. D. 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 August 1, 2017 - "Request for Extensions and/or Piggybacks". E. Approve the minutes from the City Commission Budget Workshop meeting held on July 18, 2017 . 7. BIDS AND PURCHASES OVER $100,000 A. Authorize issuing a purchase order to M&M Asphalt Maintenance Inc., d/b/a All County Paving of Delray Beach, FL, in the amount of $175,685.91, plus a 10% contingency in the amount of $17,500.00 for a total cost of $193,185.91 for the purpose of restriping several of the City's streets utilizing the City of West Palm Beach's Paving Contract #16393 pricing, terms and conditions. The City of West Palm Beach bid satisfies the City's competitive bid requirements. 8. COMMUNITY STANDARDS and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING Page 4 of 452 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-015 - SECOND READING - PUBLIC HEARING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Cultural District Overlay Zone regulating site development, uses, and urban design. (Staff requests item tabled to 8/15/17) B. PROPOSED ORDINANCE NO. 17- 016 - SECOND READING - PUBLIC HEARING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2 and 3 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Boynton Beach Boulevard Overlay Zone regulating site development standards, uses, and urban design. (Staff requests item tabled to 8/15/17) 10. CITY MANAGER'S REPORT -None 11. UNFINISHED BUSINESS A. Commissioner McCray has requested this item be brought back for reconsideration. The Commission last acted on this item on September 8, 2016. Commissioner Casello made a motion to terminate the City's contract with ATS. Then -Vice Mayor McCray seconded the motion. The motion passed 3-2, with Mayor Grant and then -Commissioner Katz dissenting. B. Discussion and direction regarding regulations for Medical Cannabis Dispensaries. 12. NEW BUSINESS A. City Manager is requesting the Commission set a Workshop/Special Commission Meeting on Monday, August 21, 2017 at 6pm in the Library Program Room to update the Commission on the Town Square Project - Phase 1. B. Commissioner Casello has requested to discuss allowing dogs at the beach during certain hours. C. Discuss request of Representative Emily Slosberg to pass a resolution supporting legislation that would make the ban on to)ding while driving a primary offense. 13. LEGAL A. PROPOSED ORDINANCE NO. 17-019- FIRST READING - Approve a $1.00 per month increase in residential single family and multi -family garbage rates in FY 2017/18 and in FY 2018/19. B. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: DENNIS GALINDEZ and MARLA GALINDEZ, his wife, Plaintiffs vs. CITY OF BOYNTON BEACH and FIRST GENESIS LAWN SERVICE, INC., Defendants — Case No. 50 2015 CA002413 Division AD 14. FUTURE AGENDA ITEMS A. Discussion relating to the future of the Building Board of Adjustment and Appeals - TBD B. Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards- TBD C. Update on progress of Town Square - Phase I - TBD Page 5 of 452 D. Monthly Departmental Presentations: Public Works - August, 2017 E. Staff to bring information concerning disposing of City -owned land - TBD F. Staff to review and report concerning Florida Textile Recycling, LLC. FTR, LLC which provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses - TBD G. Town Square (LUAR 17-005 — Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. Applicant: City -initiated. -- 8-15-17 H. Workforce Housing (CDRV 17-004) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions, to modify definitions that regulate the Workforce Housing Program, and Chapter 1, Article V, Section 2, Workforce Housing Program, to convert mandatory inclusionary zoning program to a voluntary density and height bonus program. Applicant: City -initiated. -- 8-15-17 15. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEEDA RECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED. (F. S. 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, ORACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERKS OFFICE, (561) 742-6060 OR (TTY)1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY IN ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE INFORMATION REGARDING 1TEMSADDED TO THEAGENDA AFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 452 1.A. OPENING ITEMS 8/1/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant CLOSED -DOOR SESSION to be held on August 1, 2017 commencing at 5:30 pm in Commission Chambers at City Hall to discuss pending litigation in the case: BENNIS ROBINSON, Plaintiff, vs. JUSTIN HARRIS, individually and the CIT OF BOYNON BEACH, a Florida Municipal Corporation, Defendants - UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA- Case No. 9:16-cv-81572- C I V-MARRA/MATTHEW MAN I nvocation Pledge of Allegiance to the Flag led by Commissioner Romelus. Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 7 of 452 Grant Amount: REVIEWERS: Department City Clerk Reviewer Stanzione, Tammy Action Approved D ate 7/20/2017 ® 10:18 AM Page 8 of 452 2.A. OTHER 8/1/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date tanzione, Tammy Approved 7/20/2017 ® 10:18 AM Page 9 of 452 3.A. REQUESTED ACTION BY COMMISSION: Announce the first Commission meeting in September has been changed from Tuesday, September 5, 2017 at 6:30 pm to Thursday, September 7, 2017 at 6:30 pm to have First Public Budget Hearing on Proposed FY 17/18 Budget in accordance with the Truth in Millage (TRIM) calendar. EXPLANATION OF REQUEST: The Commission approved changing the date of the first meeting in September from Tuesday, September 5, 2017 at 6:30pm to Thursday, September 7, 2017 at 6:30pm in order to hold the First Public Hearing on the proposed FY 17/18 Budget in accordance with the Truth in Millage (TRIM) calendar at the June 20, 2017 Commission meeting. The City's first budget public hearing cannot coincide with PBC School Board or Palm Beach County's budget hearing. Palm Beach County is September 5, 2017 and PBC School Board is September 6, 2017. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 10 of 452 REVIEWERS: Department Finance Finance 139=1 Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved D ate 7/25/2017 ® 11:19 AM 7/25/2017 ® 11:19 AM 7/25/2017 ® 11:45 AM Page 11 of 452 3.B. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 8/1/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: Announce upcoming Town Square Public Input Meetings: Thursday, August 10, Topic: Playground Thursday, August 17, Topic: Architectural Styles Thursday, August 24, Topic: Open Spaces All meetings will take place at the Boynton Beach City Library from 5:30 p.m. to 7:30 p.m. Flyers for the Public Input Meetings are in the back of the room EXPLANATION OF REQUEST: Three Town Square Public Input Meetings have been scheduled as follows: Thursday, August 10 Topic: Playground Thursday, August 17 Topic: Architectural Styles Thursday, August 24 Topic: Open Spaces All meetings will take place at the Boynton Beach City Library from 5:30 p.m. to 7:30 p.m. Flyers for the Public Input Meetings are in the back of the room. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 12 of 452 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department City Manager Finance City Manager Description To Square Public is Flyer Reviewer Action Date Howard, Tim Approved 7/25/2017 ® 11:18 AM Howard, Tim Approved 7/25/2017 ® 12:17 PM LaVerriere, Lori Approved 7/28/2017 ® 8:52 AM Page 13 of 452 Thursday., August1111 5:30 a # • TOPIC, . • • s Thursday, August 17 5:30 a i • Architectural August 5:30 a i • TOPIC: •Spaces ,i - R r. r RMOS ffi CITY C)F- ■ OY NTON ■ r A C H 14PjLf=Cj www.boynton-beach.org. #BcyntonBeach C� Fv Ej MU 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 8/1/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: Announce upcoming Town Square Job Fair on August 22, 2017 to be held at Carolyn Sims Center, 225 NW 12th Avenue: Sub -Contractors 8:OOAM - Noon Labor Force 3:OOPM - 7:OOPM EXPLANATION OF REQUEST: On August 22, 2017, there will be a Town Square Job Fair in order for developers to recruit work trades, skilled and unskilled labor forces. The Job Fair will be held at Carolyn Sims Center, 225 NW 12th Avenue. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Manager Finance City Manager Reviewer Action Date Howard, Tim Approved 7/25/2017 - 1:32 PM Howard, Tim Approved 7/27/2017 - 4:00 PM LaVerriere, Lori Approved 7/28/2017 - 8:55 AM Page 15 of 452 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 8/1/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: Award Certificate of Completion to Commissioner Romelus for completion of eighteen hours of instruction at the Institute for Elected Municipal Officials in Tampa, Florida on June 2 - 4, 2017. Presented by Mayor Grant. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Other Certificate REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 7/28/2017 - 9:57 AM Finance Howard, Tim Approved 7/28/2017 - 10:02 AM City Manager LaVerriere, Lori Approved 7/28/2017 - 10:54 AM Page 16 of 452 �01 ff Page 17 of 452 5.A. ADMINISTRATIVE 8/1/2017 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings east: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Education and Youth Adv. Bd. 1 Reg Library Bd: 1 Alt Planning and Development Bd. 1 Reg Recreation & Parks Bd: 1 Alt Senior Advisory Bd: 1 Alt EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non -budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 18 of 452 ATTACHMENTS: Type Description D Other Appointments D Other Wilkinson, L D Other Wallace D Other Wilson D Other Sholl D Other Oyer D Other Maharajh REVIEWERS: Department Reviewer Action City Clerk Pyle, Judith Approved D ate 3/14/2017 ® 3:47 PM Page 19 of 452 REVISED APPOINTMENTS AND APPLICANTS FOR AUGUST 1, 2017 Arts Commission Mayor Grant Alt 1 yr term to 12/17 1 Katz Alt 1 yr term to 12/17 Applicants None Building Board of Adjustments and Appeals Mayor Grant Reg 3 yr term to 12/17 1 Katz Alt 1 yr term to 12/17 11 McCray Alt 1 yr term to 12/17 III Romelus Reg 3 yr term to 12/17 IV Casello Reg 3 yr term to 12/18 Applicants None Education and Youth Advisory Board IV Casello Reg 2 yr term to 12/18 Applicants Lori Wilkinson - previous regular and alternate member Library Board Mayor Grant Alt 1 yr term to 12/17 Tabled (2) Applicants None Planning & Development Board III Romelus Reg 2 yr term to 12/18 Applicants Steve Wallace Alexandria Wilson David Sholl Susan Oyer - current alternate Rick Maharajh - current member of Community Redevelopment Agency Advisory Board Page 20 of 452 Recreation & Parks Board III Romelus Alt 1 yr term to 12/17 Tabled (3) Applicants None Senior Advisory Board IV Casello Alt 1 yr term to 12/17 Tabled (3) Applicants None Page 21 of 452 Ellis, Shayla From: 1signer <noreply@123contactform.com> Sent: Friday, February 05, 2016 2:03 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 02/05/2016 Name Lori Wilkinson Gender Female Phone number 561-376-6208 Address 2458 SW 23rd Cranbrook Drive Boynton Beach Florida 33436 United States Email I signergbellsouth.net Current occupation or, if Teacher retired, prior occupation Education post secondary degree Are you a registered voter? Yes Do you reside within the Yes V Boynton Beach City limits? Do you own/manage a No business within City limits? if "yes", name of business: Are you currently serving on a City board? Have you served on a City board in the past? If "yes", which board(s) and when? Have you ever been convicted of a crime? If "yes", when and where? Advisory Board Personal Qualifications Professional Memberships Certification OR Yes Education and Youth Advisory Board since 2000 lm C-) n--4 corn I rInc) r -n : M. C:) x n Ln r-ncn Education and Youth Advisory Board I am amazing. Kiwanis GBBF 1, the applicant, hereby certify that the statements and answers provided herein I Page 22 of 452 are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 107.196,68.141 (United States) at 2016-02-05 14:02:31 on Chrome 48.0.2564.103 Entry ID: 142 Referrer: boynton-beach.orgjofficials/advisoa boards.php Page 23 of 452 From: wallacelawl <noreply@123contactform.com> Sent: Tuesday, May 30, 2017 4:35 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Wallace_Steven_Resume_(Current_Updated-11-2016).pdf Today's date 05/30/2017 Name Steven Wallace Gender Male Phone number 561-400-3896 Address 7949 Picklewood Park Drive Boynton Beach Florida 33437 United States Email wallacelawl kme.com Current occupation or, if Attorney" t ;,#. 41 , t , retired, prior occupation Education Law Degree, Syracuse University, BA, American Studies, Brandeis University Are you a Yes registered voter? i C.s Do you reside within the Boynton No Beach City limits? Do you , own/manage a yes'" business within City limits? If "es" name of y The Wallace Law Group, PL — . business: c -err, Are you currently serving on a City No board? Have you served on a City board in No the past? If "yes", which board(s) and when? Have you ever No 1 Page 24 of 452 been convicted of a crime? If "yes", when and where? Advisory Board Planning & Development Board Personal I am a Florida Bar Board Certified Real Estate Attorney who concentrates my practice in Qualifications real estate development and land use. I do not or have had any projects in the City of Boynton Beach so I do have a conflict. Professional Florida Bar Memberships Parks Committee Member, COWBRA Volunteer Soccer Coach, AYSO Volunteer Soccer Coach, I-9 Sports Boynton Beach Chamber of Commerce Leadership Palm Beach County Forum Club of Palm Beaches Economic Council Feel free to attach/upload an www. 123contactforrri.com/upload dld.php?filed=29348c6b241555d0048d756cd7ed3c46 extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.57.241.80 (United States) at 2017-05-30 15:34:47 on Safari 10.0.3 Entry ID: 219 Referrer:www.boynton-beach.org/officials/advisory boards.php Form Host: www.123contactform.com/form-583214/Advisory-Board-Appointment-Application Page 25 of 452 From: alexandrial.wilson <noreply@123contactform.com> Sent: Sunday, May 14, 2017 11:51 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Estimator_Project_List.docx Today's date 05/14/2017 Name Alexandria Wilson Gender Female Phone number 561-202-5753 Address 28.92 Quantum Lakes Dr Boynton Beach FLORIDA 33426 United States Email alexandrial .wilsongginail.com Current occupation or, if retired, prior Project Engineer occupation Education BS in Construction Engineering & Technology.. Are you a yes O -14 = registered voter? Do you reside ro within the Boynton Yes Beach City limits? D :; "£: Do you 1 . ,,in own/manage a business within City No limits? If "yes", name of business: Are you currently serving on a City Yes board? Have you served on a City board in the No past? If "yes", which board(s) and when? Have you ever been convicted of a No crime? 1 Page 26 of 452 If "yes", when and where? Advisory Board Planning & Development Board Personal I have a degree in construction engineering & technology. I have held positions as a Qualifications project engineer, project estimator & assistant project manager. Currently I am a project engineer for a company in Fort Lauderdale. Professional * Associated General Contractors (AGC) Memberships Feel free to attach/upload an NNww.123contactfonn.com/upload did.php?filcid=2f7c68ee289dd93cOdl l586407891cf9 extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 66.87.123.116 (United States) at 2017-05-14 22:50:30 on Chrome 58.0.3029.83 Entry ID: 216 Referrer: www.boynton-beach.org/officials/advisory boards.php 2 Page 27 of 452 Pyle, Judith From: davidmsholl <noreply@123contactform.io> Sent: Thursday, June 22, 2017 10:01 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: DAVID_MARKS_SHOLL_-_Resume2016_(PB3).pdf Today's date 06/22/2017 Name David Sholl Gender Male Phone number 215-687-0004 Address 18 Flint Way Boynton Beach Florida 33426 United States Email davidmsholl(a-),amail.com Current occupation or, if retired, prior Construction Attorney occupation Education Juris Doctor Are you a registered yes J( voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within No City limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which board(s) and when? Have you ever been convicted of a No crime? If "yes", when and where? I Page 28 of 452 Advisory Board Planning & Development Board Personal As a construction law attorney, I study and advise on the very issues that come before Qualifications the Planning & Development Board every month. Through my practice, I have become adept at reviewing and making recommendations development plans, residential and commercial construction, as well as familiar with zoning ordinances. Professional American Bar Association Memberships Florida Bar Association Palm Beach County Bar Association Broward County Bar Association New Leaders Council Feel free to attach/upload an w\A;-w.12')contactforni.com/upload dld.php?fileid=beOcOl'a6b6498a3ef9505e4ec146e3a1 extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 66.229.122.118 (United States) at 2017-06-22 21:00:35 on Chrome 58.0.3029.110 Entry ID: 226 Referrer: www.boynton-beach.org/officials/advisory boards.php Form Host: www. 123contactform.com/form-583214/Advisory-Board-Appointment-Application Page 29 of 452 , Judith From: susanoyer <noreply@123contactform.io> Sent: Thursday, July 27, 2017 3:00 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 07/27/2017 Name Susan Oyer Gender Female Phone number 561-736-1251 Address 140 SE 27th Way PO Box 57 Boynton Beach FL 33435 United States Email susanoyer cr�gmail.com Current occupation or, if retired, prior Teacher occupation Education BA Political Science (UF), MA Education (FAU), GIS Certificate (FAU) Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City Yes limits? If "yes", name of business: Are you currently serving on a City board? Have you served on a City board in the past? If "yes", which board(s) and when? 417 & 500 Ocean Properties LLC (co-owner) Yes Yes Historic Preservation since 10/2013 Arts Commission (4/2016-6/2017) Planning & Development since 6/2017 Have you ever been No convicted of a crime? 1 Page 30 of 452 If "yes", when and where? Advisory Board Planning & Development Board Personal I currently sit as an alternate on the P & D Board. I wish to move up into the newly Qualifications open regular position on the P & D Board. I have attended and/or spoken at P & D Board meetings several times over the last couple of years. I regularly attend commission and CRA meetings and have a strong understanding of what the position entails and the impact of our decisions on the City's future. Professional *PEO (women's charitable organization) Memberships *St. George's Society of Palm Beach founder and president *Lake Worth Pioneers Association president and life member *CTA (teacher union) member *Florida Blue Key & Palm Beach County Gator Club (both affiliated with UF) Feel free to attach/upload an extra sheet or resume. ertiiicatimi I, the applicant, hereby certily that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 107.77.253.5 (United States) at 2017-07-27 14:00:01 on Chrome 59.0.3071.115 Entry ID: 231 Referrer: www.boynton-beach.org/officials/advisory boards.php Form Host: www.123contactform.com/form-583214/Advisory-Board-Appointment-Application Page 31 of 452 ,..I R . BEACH CITY OF ADVISORY BOARD Thank you for your interest In serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Name (13 1 Ctr I' ' A10 96:5 Gender: Telephone # Address A Z- 7 ano! ?, VI -- 0 "1 -1eL r� 6. - Other ILa`� G� ► �u - (� /`'1 E-mail Address: Phone: Current occupation or prior occupation: - 1G� / � C�Wt..7-ir Education 1� �r✓[.{27 - Code ^ Are you a registered voter? '--Yes No Doyou reside within.the Boynton Beach City limits? l7Yes No Do you own/manage a business'withinCi liPFA.mier: � _1 1; No If "yes , name of business `� �'~i' �- Are you currently serving on a City board? Have you served on a City board in the past? If so which boards)an d h j /rYes Yes No No Have you ever been convictgd,of a crime? If so, when /� fl Where Please indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities and meeting times and dates, see pages 3 and 4 attached. Arts Commission i Building Board of Adjustment &• Appeals Community Redevelopment Advisory Board Education and Youth Advisory Board Employees' Pension Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Library Board 'Planning & Development Board S:\CC\WP\BDARDS\Applications\Master Form - Talent Bank Form - REVISED 11-4-16.doc Police Officers' Retirement Trust Fund Recreation & Parks Board Senior Advisory Board Page 32 of 452 Historic Resources Preservation Board What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. 4-10 y�fry i� Please. list any professional memberships:r���. Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. 0. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, anyfi-als s tomn�ts-ma'y be cause 'To�rremoval from a board. 4. Signature; Date: -71 S:\CC\WP\BOARDS\Applications\Master Form • Talent Bank Form - REVISED 11-9.16.doc Page 33 of 452 CONSENTAGENDA 8/1/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-066 -Adopt the City of Boynton Beach's Community Development Block Grant application for funding authorizing the City Manager's execution and the activities submitted in the City of Boynton Beach's Five Year Consolidated/One Year Action Plan for FY 2017/2022. The anticipated Community Development Block Grant allocation is $514,937, and the re appropriation of $300,000 non expended funds from previous year. EXPLANATION OF REQUEST: The City of Boynton Beach is in its twentieth year as an entitlement community for receiving Federal Grant funds. The Consolidated/One Year Action Plan is being developed with activities listed that show how the use of these funds will address the needs of the Community. Entitlement community status, as determined by the Secretary of the Department of Housing and Urban Development, is one "whereby a Metropolitan City is guaranteed, as determined by formula set forth by the Housing and Community Development Act of 1974, certain sums of money to assist states, counties, cities, and towns in devising innovative approaches to improve the physical, economic, and social conditions in low-income areas" City activities that are taken on by a municipality must meet three (3) national objectives: 1. Benefit low and moderate -income persons 2. Address slum and blight 3. Meet a particular urgent community development need The following is a list of types of eligible activities: • Property acquisition and disposition • Clearance and demolition • Interim assistance to arrest severe deterioration or alleviate emergency conditions — e.g., hurricane, earthquakes, flooding • Completion of urban renewal projects • Relocation assistance • Loss of rental income (related to relocations) • Code Enforcement • Construction of New Housing • Housing Rehabilitation • Public Facilities and Improvements • Public Services • Removal of Architectural Barriers • Homeownership assistance (e.g., down payment assistance, interest subsidies) • Technical assistance to public or non-profit entities to increase the capacity of such entities to carry out eligible neighborhood revitalization or economic development activities • Lead-based paint testing and abatement Public Facilities and Improvements Page 34 of 452 • Acquisition, installation, construction and rehabilitation of infrastructure (e.g., water/sewer lines, streets and sidewalks) • Acquisition, construction or rehab of neighborhood facilities and facilities for persons with special needs (e.g., homeless shelters, group homes and halfway houses) Public Services The total amount of CDBG funds obligated for public services activities must not exceed fifteen percent (15%) of the annual allocation, and may not be used to replace local or state monies to fund essential services typically offered by the local government. It includes the following: • Education Programs • Health care and substance abuse services • Child care • Crime prevention and Public Safety • Fair housing counseling(Can also be categorized under Planning and Administration) • Substance abuse services • Services for senior citizens • Services for homeless persons • Recreational services Planning and Administration of the Program The total amount of CDBG funds that may be obligated for planning and administration of the program must not exceed twenty percent (20%) of the annual allocation. It includes the following: • General management, oversight and coordination • Public information • Fair Housing activities • Indirect costs • Submission of applications for Federal programs Proposals were received as a result of public advertisement and letters sent out to various churches in the community, with a workshop held for the purpose of explaining the program, eligibility requirements, and public input. Using both City staff and representatives of the community, the following represents the committee members that reviewed the applications: Kathleen Perry Retired PBC Administrator David Scott City of Boynton Beach Economic Development Director Saleica Brown City of Boynton Beach Business Development Specialist HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Community Development Block Grant Program's purpose is to assist the City of Boynton Beach in meeting the needs of its lower income residents by offering a wide range of activities. The agencies that are being funded will offer, domestic violence training, housing development, legal aid, and various other forms of assistance that are considered public service. Aid to Victims of Domestic Abuse, Inc.(Public Service)— To provide funding for one-half of the salary and benefits of an Intervention Specialist to work with children affected by domestic abuse to help them overcome their fears and learn how to live in safety. The Intervention Specialist will conduct presentations in schools Page 35 of 452 designed to prevent domestic violence with a program that produces positive, measureable results, and will provide individual and group counseling to children as needed. *Funding Request $25,000 Committee Recommendation $10,000 Boynton Beach Faith -Based Community Development Corporation — The Boynton Beach Faith- Based CDC is a state recognized Community Housing Development Organization (CHODO). The agency proposes to continue to provide ongoing support to the community and the City of Boynton Beach by facilitating the intake process for the affordable housing programs, as well as other ongoing community development initiatives. They are also a Community Based Development Organization (CBDO) which offers the City more flexibility in achieving its Community Development Objectives. Funding Request $133,000 Committee Recommendation $100,000 Community Caring Center of Boynton Beach (Public Service) — The agency requests funding to provide for staffing costs and other administrative cost related to the program, i.e. utilities, mortgage assistance, insurance and accounting services. Agency provides mortgage, rent, and utility payment assistance, food and food vouchers, medication purchase assistance, and direct emergency social services to seniors, to name just a few of their numerous programs. Funding Request $65,000 Committee Recommendation $43,240 Pathways to Prosperity (Public Service) - Agency provides education in financial budgeting, job skills and self-motivation. It is committed to ending poverty in the community by teaching low- income families to become economically stable. Funds will be used to support counseling. Funding Request $25,000 Committee Recommendation $20,000 Legal Aid Society of PBC (Public Service) Fair housing education and outreach to citizens of Boynton Beach, to include fair housing enforcement activities citywide to ensure that local housing practices comply with Federal Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, as well as local fair housing ordinances. Funding Request $8000 Committee Recommendation $4,000 Summary: Sub -grantee funding.........................................................................$177,240 Planning Grant Administration.........................................................$102,987 Housing Rehabilitation Delivery....................................................... $334,710 Economic Development....................................................................$100,000 Heart of Boynton Redevelopment ............................................$100,000 TOTAL............................................................................................. $814,937 ($300,000 Appropriated Unencumbered previous year) FISCAL IMPACT: Budgeted The City of Boynton Beach's CDBG allocation for FY 2017/2018 is $514,937 to leverage with other funds in its attempt to address slum and blight. 20% or $102,987 can be expended to Administer the program. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 36 of 452 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: $514,937 ATTACHMENTS: Type Description Resolution approving the Five Year D Resolution Consolidated/One Year Action Plan for FY 2017/2022 D Grant Application Application for Federal Assistance D Attachment Community Improvement Division's CD REVIEWERS: Department Reviewer Action Date Community I mprovement Stanzione, Tammy Approved 7/27/2017 ® 12:19 PIM Community I mprovement Mack, Andrew Approved 7/27/2017 ® 1:42 PIM Community I mprovement Groff, Colin Approved 7/27/2017 ® 3:20 PIM Finance Howard, Tim Approved 7/27/2017 ® 4:00 PIM Legal Swanson, Lynn Approved 7/27/2017 ® 5:00 PIM City Manager LaVerriere, Lori Approved 7/28/2017 ® 8:48 AM Page 37 of 452 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE CITY OF BOYNTON BEACH'S COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR FUNDING; AUTHORIZING THE CITY MANAGER TO SIGN THE APPLICATION, CERTIFICATIONS AND THE ACTIVITIES SUBMITTED IN THE CITY OF BOYNTON BEACH'S FIVE YEAR CONSOLIDATED/ONE YEAR ACTION PLAN FOR FY 2017/2022; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is in its twentieth year as an entitlement community for receiving Federal Grant Funds; and WHEREAS, the Consolidated/One Year Action Plan is being developed with activities that show how the use of these funds will address the needs of the Community; and WHEREAS, approval of the One Year Action Plan will fund services to the community that are eligible under the CDBG program and provided to our community by various organizations. 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 the adoption of the City of Boynton Beach's Community Development Block Grant (CDBG) Five Year Consolidated/One Year Action Plan for fiscal year 2017/22. Section 3. The City Manager is authorized to sign the application and the certifications. C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\7C3407CC-C670-4B23-B3A6-517A9D6A3337\Boynton Beach. 6142.1.Reso - CDBG Five Year Consolidated-One—Year Action Plan 2017-22.doc Page 38 of 452 30 Section 4. This Resolution will become effective immediately upon passage. 31 PASSED AND ADOPTED this day of , 2017. 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor — Steven B. Grant 38 39 Vice Mayor — Justin Katz 40 41 Commissioner — Mack McCray 42 43 Commissioner — Christina L. Romelus 44 45 Commissioner — Joe Casello 46 47 48 VOTE 49 5o ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 59 (Corporate Seal) 60 C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\7C3407CC-C670-4B23-B3A6-517A9D6A3337\Boynton Beach. 6142.1.Reso - CDBG Five Year Consolidated-One—Year Action Plan 2017-22.doc Page 39 of 452 OMB Number: 4040-0004 Expiration Date: 04/31/2012 Application for Federal Assistance SF -424 Version 02 *I* Type of Submission *2. Type of Application *If Revision, select appropriate letter(s): ❑ Preapplication ❑ New ✓❑ Application Continuation * Other (Specify) ❑ Changed/Corrected Application ❑ Revision *3. Date Received: 4. Application Identifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: BC -17 -MC -12-0043 State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: * a. Legal Name: City of Boynton Beach * b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS: 59-6000282 07-224-7133 FTB d. Address: *Streetl: 100 E. Boynton Beach Blvd. Street 2: *City: Bovnton Beach County: Palm Beach *State: r-ionaa Province: Country: United States *Zip/ Postal Code: 33435 e. Organizational Unit: Department Name: Division Name: Development Community Improvement f. Name and contact information of person to be contacted on matters involving this application: Prefix: First Name: Octavia I Mid le N a ne: *Last Name: Sherrod i Suffix: Title: Community Development Manager Organizational Affiliation: I i *Telephone Number: 561/742-6066 Fax Number: 561/742-6089 *Email: Sherrodo bbfl.us Page 40 of 452 OMB Number: 4040-0004 Fx6ration Date- 04/3112012 Application for Federal Assistance SF -424 Version 02 9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: - Select One - Type of Applicant 3: Select Applicant Type: - Select One - Ij *Other (specify): *10. ]Tame of Federal Agency: U. S. Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14-218 CFDA Title: Community Development Block Grant Program 12. Funding Opportunity Number: *Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): 15. Descriptive Title of Applicant's Project: The City of Boynton Beach's projects include public services, housing rehabilitation, Affordable housing, fair housing, and Economic Devevelopment, and program administration Attach supporting documents asspecified in agency instructions. Page 41 of 452 OMB Number: 4040-0004 Expiration Date: 04/31/2012 lication for Federal Assistance SF -424 Version 02 16. Congressional Districts Of: Ted Deutch -District 22 *a. Applicant *b. Program/Project: Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project: *a. Start Date: 10/01/17 *b. End Date: 09/30/18 18. Estimated Funding$ *a. Federal $514,937.00 *b. Applicant *c. State *d. Local $312,571.00 *e. Other *f. Program Income *g. TOTAL $827,508.00 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑✓ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ❑ c. Program is not covered by E.O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ❑ Yes 0 No 1. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ❑✓ **1 AGREE * * The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mrs, *First Name: Lori Midd le N ane: i *Last Name: LaVerriere Suffix: *Title: City Manager *Telephone Number: 561/742-6010 Fax Number: 561/742-6011 *Email: *Signature of Authorized Representative: Date Signed: Page 42 of 452 OMB Number: 4040-0004 Page 43 of 452 X10 jj N op I M CPMP Non -State Grantee ! !! !!i i n Certif cat o s Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. This certification does not apply. ZThis certification is applic 1 . NON -STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti -displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about — a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will — a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted — a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Page 44 of 452 City of Boynton Beach b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. CPMP Non -State Grantee Certifications Anti -Lobbying -- To the best of the jurisdiction's knowledge and belief: 8. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 9. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 10. It will require that the language of paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Lori LaVerriere Name City Manager Title 100 E. Boynton Beach Boulevard Address Boynton Beach, Florida 33435 City/State/Zip CPMP Non -State Grantee Certifications Date Page 45 of 452 City of Boynton BcI'i This certification does not app This certification is applicable. Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 11. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 12. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2017, 2018, 2019, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. CPMP Non -State Grantee Certifications Page 46 of 452 City of Boynton Beach 14. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti -discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead -Based Paint -- Its activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, 1, K and R, of title 24; Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Lori LaVerriere Name City Manager Title 100 E. Boynton Beach Boulevard Address Boynton Beach, Florida 33435 City/State/Zi p (561) 742-6010 Telephone Number CPMP Non -State Grantee Certifications Date Page 47 of 452 City of Boynton Beach 1 � XU(f;sH? a I I E] This certification is applicable. OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-assisted activities, which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature/Authorized Official N/A Name N/A Title N/A Address N/A City/State/Zip N/A Telephone Number Date Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. CRIP Non -State Grantee Certifications Page 48 of 452 City of Boynton Beach --Ttfw,C-- - - ---- This certification is applicable. Signature/Authorized Official Date N/A Name N/A Title N/A Address N/A City/State/Zip N/A Telephone Number ESG Certifications I, N/A, Chief Executive Officer of N/A, certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CFR 576.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. 2. The building standards requirement of 24 CFR 576.55. 3. The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. 4. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable federal laws concerning nondiscrimination and equal opportunity. C13MP Non -State Grantee Certifications Page 49 of 452 City of Boynton Beach This ifi fi is applicable. 5. The reauirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6. The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7. The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. 8. The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 9. The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. 10.The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related CPMP Non -State Grantee Certifications Page 50 of 452 City of Boynton Beach authorities as specified in 24 CFR Part 58. 11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 12. The new requirement of the McKinney-Vento Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. 13. HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of client -level information. I further certify that the submission of a completed and approved Consolidated Plan with its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and/or local law, and that the local government possesses legal authority to carry out grant activities in accordance with the applicable laws and regulations of the U. S. Department of Housing and Urban Development. Signature/Authorized Official Date N/A Name N/A Title N/A Address N/A City/State/Zip N/A CPMP Non -State Grantee Certifications Page 51 of 452 City of Boynton Beacn Telephone Number This certification does not apply. MThis certificationis applicable. APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug -Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug -Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. Place Name Street City County state Zip City of Boynton Beach 100 E. Boynton Boynton Beach Palm Beach FL 33435 Beach Blvd. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled PMP Non -Mate Grantee Certifications Page 52 of 452 City of Baynton Beach Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti -displacement and Relocation Plan Signature/Authorized Official mate Lori LaVerriere Name City Manager Title 100 E. Boynton Beach Boulevard Address Boynton Beach, Florida 33435 City/State/Zip (561) 742-6010 Telephone Number CPMP Non -State grantee Certifications Page 53 of 452 N LO 4 O LO N O � O 00 O O ZO O O� 00r- O O O N Il- O O 0) O O O O O M O � N O O Z O N M O 00 O :) i/? c -I -L ? LL Ln M M Ln LO M M M M MLO M N 00 qt M qt qtM M O ro M LL M ca ca O p L.L 0 M u O LL O LL 41 ca 41 m LL Uu Q1 Ln U CD cB u O O M w QJ m QJ N Li- QJ m O a--+ m Q1 U ° CD cn QJ 04-1 0 p cB mQ1 m O }' m m m U ° m j l0 4-10Ln 1 o Ln > Q m a a 4-1 o 41 4J M l]A (n O N U cn p p p Z N LU O � Z Z 0 � L.L - Li vii 0) O Ln m M O � Q a N 0 -i u u O 0 ) . a� Ln L U L L � a o Q1 >- f0 � f0 f0 5, m _ULn Ln Ln 'n ca m p >. }' O }, }' O O 41 O O }, 41 > > p U _Q Q qp Q O Ln Q Q Q > L.L 4� O ~ +� m p p N > L o?S ° m U � c C S '� >, O cn C S O Ln w bo L-0 C]A .— (D N U _ L " L " bo > ° E O 3 U E° � O a +, U O O O O o +, v 0 0 0 o a o o o o M° O °' c p °' cc as �couuaaucoa= _ W JuaaLu U _ O $ r -I N M Ln l0 00 Ol rl N LO 4 O LO N 6.B. CONSENTAGENDA 8/1/2017 REQUESTED ACTION BY COMMISSION: Approve release of a Bond, in the amount of $363,000 for the construction of a signal at Old Boynton Road and the Renaissance Commons spine road. This signal was required as a part of the land development permit for Boynton Town Center project. EXPLANATION OF REQUEST: The Public Works Department Engineering Division requests approval to release the Performance Bond (#622553), in the amount of $363,000.00 for the installation of a signal at Old Boynton Road and Renaissance Commons Blvd. The signal was required in association with the Boynton Town Center project. • BR Cortina Acquisition LLC submitted a Performance Bond for the completion traffic signal at Old Boynton Road and Renaissance Commons Boulevard in association with the Boynton Town Center project, in the amount of $363,000.00. • The Public Works Engineering Division has inspected the improvements and found no items needing correction. • Palm Beach County inspected and accepted the traffic signal. Palm Beach County is now responsible for the signal's maintenance. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: Page 55 of 452 ATTACHMENTS: Type D Addendum D Addendum REVIEWERS: Department Reviewer Public Works - Engineering Livergood, Jeffrey Finance Howard, Tim City Manager LaVerriere, Lori Description Action Date Approved 7/11/2017 ® 8:31 AM Approved 7/13/2017 ® 9:55 AM Approved 7/14/2017 ® 9:34 AM Page 56 of 452 July 6, 2017 Department of Engineering and Public 'W'orks P.O. Box 21229 West Palm Beach, Fl. 33=416-1229 Cit Gary Dunmyer, y Engineer (561) 684-4000 Public Warks Department FAX: (561) 684-4050 City of Boynton Beach www.Pbcgov.com 104 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33435-0310 Re- Renaissance Commons and Old Boynton Boulevard Palm Beach County Palm Beach County Intersection # 45610 Board of County Commissioners Dear Mr. Dunmyer: Paulette Burdick. Mayor Melissa McKinlay, vice ]Mayor Please be advised that the above mentioned traffic signal has been Hal R. Valeche inspected and accepted by Palm Beach County for maintenance. Dave Kerner If additional information is required, p lease contact me at 561-684- Steven L. Abrams 4030 Mary Lou Berger Mack Bernard Thank you. Sincerely, County Administrator f r r y Verdenia C. Baker Fattoush afar, PE, Ph.D. Signal Design Manager FJ:sI ec. Zack Hobrock, Project Coordinator —JKNI Developers, LLC (zhobrock�ajkmdevelopers.corn) File: Intersection # 45610 N:ITRAFFIC1SignalslProjectsl45610-Renaissance Commons Blvd and old Boynton BchtTS 45610 Inspect & Accept Ltr 07-06-17.docx "An Fqual 4pporwnity = Aff(rr'narive Action r�rnrployer" printed on recycied paper Page 57 of 452 Bond No. 0622553 EXffbIT (LDR, Art. L Sec. 1B) (LDR, Chap. 7,5, ArL U, Sec. 7.) "MORMN011910 BR Cortina Acquisition LLC, a Delaware limited liability That [1] [we], company hereinafter call PRINCIPAL, and 'International International i!y I suranceCompany- a. surety company authorized to do business in the State of Florida, hereinafter referred to as SURETY, are held and finnly bound unto the City of Boynton Beach, a political subdivision of the State of Florida, hereinaftcr called CITY, the fall and just sura of Three hundred and sixty-three thousand dollars and zero cents 'U. S. Dollars (S 363,000�LQ, , lawful money of the United States of Arnenica, to be paid to the City of Boynton Beach, to which payment will and truly be made, we, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents-. [Vn-IEREAS, the above bound PRINCIPAL has received appro Val from the CITY for the ., recording of a certain subdivision plat known as and such recording is prior to compledon of consiTuction of the Required Improvements as prescribed by the Subdivision, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the REGUILATIONS, pertaining to said subdivision;] 2r [W .AS', the above bound PRLNCIPAL has received approval from the ary for the construction of a certain project known as Si al at Old Boynton, and Spine Road (under warrants) — Old Boffin Sinial (under Land Develooment Permit — Bovntoin' own Center — per letter. dated January 30. 2006vnitten b the Cit of Boynton Beach) , and such project shall constrict and install the required public improvements to support the Project pursuant to the terms of the Permit,] and WHEREAS, PRINCIPAL has been issued that certain[ see *below Permit] [Land Development Permit] Number see ee ** below , hereinafterM the PERIT, for ns cotruction of said Required Irnprovements, a copy of which is attached hereto and by reference made a part hereof-, and WHEREAS, it was one of the conditions of said REGM-ATIO-NS and PERMIT that this bond be executed, installation of traffic signal at the intersection of Old Boynton Road and Renaissance Commons Boulevard (a/k/a the Spine Road) Boynton Village Development Order dated September 23, 2005: regarding installation of traffic signal at the intersection of Old Boynton Road and Renaissance Commons Boulevard (a/k/a the Spine Road) Page 1 of 4 pages Page 58 of 452 Bond No. 0622553 NOW, TEIEREFORE� the conditions of this obligation are such that if the above bound PRINCIPAL shall in all respects comply or cause others to comply with the terms and conditions of said PERMIT, within the thane specified, and shall in every respect fulfill [its] Ns3 [her] [their] obligation thereunder arid under the plans therein referred to, then this obligation to be void-, otherwise, it shall remain in fall force and effect. The PRINCIPAL and CITY agree that the City Engineer may, in writing, reduce the initial amount stated above in accordance with the requirements of said REGLTLATIONS. The SURETY UNCONDITIONALLY COVENANUS AND AGRFES that if the PRINCIPAL fails to perforrn all or any part of the construction work required by said PERAUI' and REGULA:11ONS within the time specified, the SURETY, upon thirty (30)clays written notice from the CITY or its authorized agent or officer, of the default, to the PRINCIPAL or its authorized agent or officer, will forthwith perfon-a and complete the aforesaid construction work and pay the cost thereof, including, but not liTnited to, engineering, legal, and contingent costs, together with any damages either direct or consequential. Should the SUREI'Y fail or refuse to perform and complete the said improvements, CITY, in view of the public interest, health, safety analwelfare factors involved and the inducement in approving and filing the said plashaft have the, right to resort to any and all legal remedies against the PRLNICIPAL andlor SURETY, or both at law and in equity includingspecifically the specific performance, to which the 'PRINCIIIAL and SURETY unconditionally agree, The PRINCIPAL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE that the CITY, at its option, shall have the -right to construct or, pursuant to public advertisement and receipt of bids, cause to be constructed the aforesaid improvements in case the PRINCIPAL should fail or refuse to do so in accordance with the terms of said PERMIT, in the event CITY should exercise and give effect to such right, the PRINCIPAL and SURETY shall be jointly and severally liable hereunder to reimburse, the CITY the total cost thereof, including but not limited to, engineering, legal, and contingent costs, together with any damages, either direct or consequential, which may be sustained ort accotint of the failure of the PRINCIPAL to carry out and execute all the obligations for construction of Required Improvements pursuant to the REGULATIONS and PERMIT. IN WrrNBSS WHEREOF, the PRINCIPAL has executed these presents this 30th day of Ma BR Cortina Acquisition LLC, a Delaware limited liability company y, 2013. By: Bridge Cortina ort1 na Management LLC, a Florida lirrbkited liability, its non-memm er anager [a Florida J,;unitea Liebility Company] AITBST: W Page, 2 of 4 pages Michael Oliveri Mariaing Member Page 59 of 452 Bond No. 0622553 c/o BlackRock Realty Advisors, Inc. ADI BSS; 400 Howard Street San Francisco, CA 94105 STATE OF COUNTY OF BEFORo is M or has produced _. , as Weritification, and who executed the fbregoing ingtr� as KUnager / Member of ,, a Umited Liability Company, and acknowledged to and before = that [he][sho] executed such histrument as such Manager N&zAr U;4" Qn-�- �,twmy=-W decd qtxAd Limited Liability Compatiy- WITNESS my hand and official seat this — day of 20 ME rl"i'llamplifflMmagoom Mg= (Scal) not applicable BY: not applicable ADDRES:S: Page 3 of 4 paps Page 60 of 452 (SURETY SIGNATURE BLOCK) WITNESS: ,'pU-to-.Airety As -to -Surety STATE OF California COUNTY OF San Francisco Bond No. 0622553 International Fidelity Insurance -Com pau— URETY -By Stanley D. Loar its attoxney-in-fact J�)ower of attorney must be attached) AlE 2999 Oak Road, Suite 820 DD S& Walnut Creek, CA 94597 BEFORE- ME personally appeared Stanley D. Loar -- who[isj[urj P-9K9Q4-q-1_1Y -known tQme- or [has][ hwwj produced ----------------- [and ------------------- respectively) as identification, mid who executed the foregoinginstrumcn� and aclaiowted ged before me that JhcJL*siwj[Mei4j executed said iustranent for the purpose expressed therein. WITNESS my hand and official seal this 30th- da) ; -,f --May,--_,-, 2013, Pago 4 of 4 pagos *`otav� Public M Page 61 of 452 6.C. CONSENTAGENDA 8/1/2017 REQUESTED ACTION BY COMMISSION: Authorize utilizing National Joint Powers Alliance (NJ PA) Contract #031913 -SGL- "Facility Security Equipment, Systems and Services with Related Equipment and Supplies" for contractual fire alarm system services and repairs in various City facilities from Simplex Grinnell LP for an estimated annual expenditure of $75,000 which expires April 23, 2018. The NJ PA bid process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Contract period: April 24, 2017 to April 23, 2018, option for five additional one year extensions. Simplex -Grinnell provides fire alarm/sprinkler monitoring, inspections and services/repairs for various fire alarm systems through the City facilities based on the NJ PA Contract #031913 -SGL effective through April 23, 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The National Fire Protection (NFP) Code and the Fire Department requires that fire alarm and sprinkler systems in all City facilities be annually monitored, inspected, maintained and all deficiencies are corrected. Failure to meet these requirements would result in receiving violation notifications from the Fire Department and would render the systems ineffective. FISCAL IMPACT: Budgeted Funding is budgeted as follows: Facilities Management Account #001-2511-519-49-17 $ 67,800.00 Library Account (for Schoolhouse Museum) #001-2612-571-46-20 $3,100.00 Utilities Admin Account #401-2821-536-49-17 $ 2,000.00 Utilities West Water Plant Account #401-2811-539-49-17 $ 2,100.00 Total Estimated annual expenditure = $75,000.00 ALTERNATIVES: Discontinue the fire protection and have the City issue a formal bid for these services and repairs. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No Page 62 of 452 CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Simplex Grinnell LP START DATE: 4/23/2017 END DATE: 4/23/2018 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: The parties may extend the Agreement for one additional year by mutual agreement. ATTACHMENTS: Type Description D Addendum Contract Letter of Agreement D Addendum Simplex Grinnell ® Authorization Letter D Attachment NJ PA webpage Simplex REVIEWERS: Department Reviewer Action Date Public Works Livergood, Jeffrey Approved 7/17/2017 ® 1:37 PM Finance Howard, Tim Approved 7/25/2017 ® 1:01 PM Legal Swanson, Lynn Approved 7/25/2017 ® 1:47 PM City Manager LaVerriere, Lori Approved 7/28/2017 ® 8:48 AM Page 63 of 452 Letter of Agreement to Extend the Contract Between SimplexGrinuell LP (Vendor) 50 Technology Drive Westminster, MA 01441 and National Joint Powers Alliance* (NJPA) 202 12'b Street NE Staples, MN 56479 Phone: (218) 894-1930 The Vendor and NJPA have entered into an Agreement (Contract ##031913 -SGL) for the procurement of Facility Security Equipment, Systems and Services with Related Equipment and Supplies. This Agreement has an expiration date of April 23, 2017, but the patties may extend the Agreement for one additional year by mutual consent. The parties acknowledge that extending the Agreement £or another year benefits the Vendor, NJPA and NJPA's Members. The Vendor and NJPA therefore agree to extend the Agreement listed above for a fifth year. This existing Agreement will terminate on April 23, 2018, All other terms and conditions of the Agreement remain in force, National Joint Powers Alliance® (NJPA) By. , Its. Director of Contracts and mar 'nr/ O Name printed or typed: Jeremy Schwartz Date q-12 - /1 SimpletGrinnell LP By, _ /O -r ' �" , Its: V.P. Strategic Sales Name printed or typed: James W. Madson Date September 12, 2016 Page 64 of 452 —All- 111CO " SimplexGfinnell June 29, 2017 City of Boynton Beach 222 N.E. 9th Ave, Boynton Beach, Florida 33435 Subject: NJPA Contract 031913 -SGL Dear Gail, SimplexGrinnell LP 1830 Park Lane South Jupiter, FL33458 USA P. 561-277-4140 F: 561-747-7307 www.simplexgrinnall.com This is to confirm that SimplexGrinnell will allow City of Boynton Beach to piggyback off the NJPA contract 031913 -SGL and that they are going to honor the pricing for it. Sincerely, Michelle Koski Customer Care Specialist SiniplexGrinnell Mission Statement "To be the recognized leader and preferred provider for our valued customers; by delivering unequaled products and services through a highly qualified staff Of PrOteSSA01731S, with total commitment to Integrity and excellence. " Safer. Smafter. Tyco , TM Page 65 of 452 National Joint Powers Alliance :: SimplexGrinnell LP Page 1 of 1 Home > Cooperative Purchasing >Contracts -General >Technology. Security & Communication Solutions > SimplexGrinnell LP tqCG SimplexGrinnell LP pA,AWARDED R Ar -. implo7t' ',SYN nell Contract Documentation(#031913-SGL) Overview Request for Pr000sal (RFP) Contract Acceptance & Award Contract Documentation Pricing Documentation of Competitive Solicitation Process Marketing Materials Affidavit of Advertisement Proposal Opening Witness Page N1PA Contact Information Pr000sal Evaluation Evaluation Committee Comment & Review HOW TO PURCHAS ', Board Minutes Our step-by-step guide Documentation of Contract Maintenance Vendor Contact Info Thomas Staves Contract Renewal 2017 Direct Phone: 443-676-8813 Contract Renewal 2016 tstaves@simolexgrinnell.com Contract Renewal 2015 www.simolexgrinnell.com Contract Renewal 2014 Page 66 of 452 http://www.njpacoop.org/cooperative-purchasing/contracts-general/technology-security-co... 7/25/2017 I CONSENTAGENDA 8/1/2017 REQUESTED ACTION BY COMMISSION: 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 August 1, 2017 - "Request for Extensions and/or Piggybacks". EXPLANATION OF REQUEST: 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(S) COMMODITY/SERVICE RFP/BID RENEWAL TERM NUMBER Konica Minolta Multifunction Products, Printers, Piggyback State August 4, 2017 thru Business Solutions Facsimile Equipment, Scanners, of Florida August 3, 2018 Related Software, Supplies, and Contract No. 600 - Services 000-11-1 Florida Superior Aggregates, Top Soils and Sands Piggyback City of August 19, 2017 thru Sand, Inc.; Soil Tech Margate Bid No. November 18, 2017 Distributors, Inc. 2015-015 (NIGPSEFL Cooperative Contract) Morton Salt, Inc. Annual Supply of Sodium Piggyback Palm August 20, 2017 thru Chloride (solar salt quality) Beach County August 19, 2018 Contract No. 16043A Iron Container, LLC Annual Supply of Metal 059-2510-15/J MA September 2, 2017 thru Containers and Roll -Offs September 1, 2018 Vehicle Maintenance Annual Supply of Aftermarket 052-1412- September 4, 2017 thru Program; The Parts Automotive Parts, Accessories 16/MFD September 3, 2018 House; BennettAuto; and Supplies Eagle Auto; Cold Air Palm Truck; Nextran; Annual Supply of OEM Service 053-1412- September 4, 2017 thru Pat's Pump; McNeilus and Parts for Medium/Large 16/MFD September 3, 2018 Truck; Southern Heavy Duty Vehicles and Sewer Equipment Steve Moore Annual Supply of OEM Service 054-1412- September 4, 2017 thru Chevrolet; Al Packer; and Parts for Small and Light 16/MFD September 3, 2018 Delray Motors Duty Vehicles and Equipment Calico; Clean All; Annual Supply of Cleaning 068-1412- October 5, 2017 thru Page 67 of 452 Dade Paper; Neeld Chemicals and Janitorial 16/MFD October 4, 2018 Paper; Office Depot; Supplies Pvramid: Office Cart HOW 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. FISCAL IMPACT: Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new bids to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 68 of 452 ATTACHMENTS: REVIEWERS: Department Type Description D Attachment Konica State Contract Renewal D Attachment Florida Superior Sand and Soil Tech Renewal / Howard, Tim Approved Margate D Attachment Morton Salt / Sodium Clorida / PBC Renewal D Attachment Morton Salt / Sodium Chloride / PBC Renewal Approved 7/26/2017 ® 4:41 PIM 2 D Attachment Iron Container Renewal D Attachment Vehicle Maintenance Program Renewal D Attachment The Parts House Renewal D Attachment Bennett Auto Renewal D Attachment Eagle Auto Renewal D Attachment Cold Air Renewal D Attachment Palm Truck Renewal D Attachment Ne)tran Renewal D Attachment Pat's Pump Renewal D Attachment McNeilus Truck Renewal D Attachment Southern Sewer Renewal D Attachment Steve Moore Chevrolet Renewal D Attachment Al Packer Renewal D Attachment Delray Motors Renewal D Attachment Calico Renewal D Attachment dean All Renewal D Attachment Dade Paper Renewal D Attachment Neeld Paper Renewal D Attachment Office Depot Renewal D Attachment Pyramid Renewal D Attachment Office Cart Renewal REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/26/2017 ® 9:27 AM Finance Howard, Tim Approved 7/26/2017 ® 9:26 AM Assistant City Manager Howard, Tim Approved 7/26/2017 ® 9:26 AM Legal Swanson, Lynn Approved 7/26/2017 ® 4:41 PIM City Manager LaVerriere, Lori Approved 7/28/2017 ® 8:56 AM Page 69 of 452 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES � I�,t state -%hasing puru, We serve rhose who serve Florida AMENDMENT NO.: 5 Contract Renewal Contract No.: 600-000-11-1 Contract Name: Multifunction Products, Printers, Facimile Equipment, Scanners, Related Software, Supplies, and Services This Amendment ("Amendment"), effective as of August 4, 2017 or the last date signed by both Parties, to the state term contract for Multifunction Products, Printers, Facimile Equipment, Scanners, Related Software, Supplies, and Services, Contract No. 600-000-11-1 ("Contract"), between the State of Florida, Department of Management Services ("Department") and Konica Minolta Business Solutions USA, Inc. ("Contractor") are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein. WHEREAS the Department originally entered the Contract with Konica Minolta Business Solutions USA, Inc. on August 4, 2010, for the provisions of Multifunction Products, Printers, Facimile Equipment, Scanners, Related Software, Supplies, and Services and is scheduled to expire on August 3, 2017; and WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as provided in section 4.42 "Modification of Terms" of the Contract; and WHEREAS the Parties agree to renew the Contract as provided in section 4.26 "Renewal" of Contract No. 600-000-11-1; and THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following; I. Contract Amendment. a) The contract is amended to rename section 3.22.1 "Diversity" of the Contract to be "Diversity Reporting," delete it in its entirety and replace it with the following: The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small businesses to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises, and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. Upon request, the Contractor shall report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each Customer purchasing under the Contract. State Term Contract No.: 600-000-11-1 Page 70 of 452 Subcontractors The Contractor shall not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all subcontracted work. The Department supports diversity in its procurements and contracts, and requests that Contractors offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at osdinfo@dms.myflorida.com for information on certified business enterprises available for subcontracting opportunities. b) The Contract is further amended to delete the content under section 2.19 "Public Records" in its entirety and replace it with the following: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CONTRACT MANAGER. (1) The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. (2) If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency as provided by section 119.0701, F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency in order to perform the service. (b) Upon request from the public agency, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically State Term Contract No.: 000-000-11-1 Page 2 of 4 Page 71 of 452 must be provided to the public agency inaformat that is compatible with the information technology systems of the public agency. Protection of Trade Secrets or Other Confidential Information M\ If the Contractor considers any portion of materials made or received in the course ofperforming the Contract (°oomtract-related matehals")krbe trade secret under section 812.O81.Florida Statutes, nrotherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as"cOnfidentia|^when submitted hothe Department. (2) If the Department receives a public records request for contract -related materials designated by the Contractor es~confidendaU,~the Department will provide only the portions of the contract- re I ated materials not designated as ,, confidential." If the requester asserts a right to examine contract -related materials designated as "confidential," the Department will notify the Contractor, The Contractor will be responsible for responding to and resolving all claims for access to contract- related materials ithas designated ^confidgntia|." C3\ If the Department is served with a request for discovery nfcontra ct-reI ated materials designated °oonUdentia[°the Department will promptly notify the Contractor about the request. The Contractor will b*responsible for filing, the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated "confidential" only if the Contractor fails tutake appropriate action, within timeframes established bystatute and court rule, to protect the materials designated as''confidentia|^from disclosure. (4) The Contractor shall protect, defend, and indemnify the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of contract -related materials as "confidential." Retention of Records Contractor shall retain sufficient documentation to substantiate claims for payment under the Contract, and all other records made inrelation huthe Contract, for five (5) years, after expiration or termination of the Contract, c) The Contract isfurther amended h]delete the content under section 414 "Transaction Fee" in its entirety and replace it with the followjng The State nfFlorida, through the DepartmentufManagement Services, has instituted MyF|mriU8Market Place, a statovvidneFznuounonoont system pursuant bo section 287D57(22). Florida Statutes. All payments issued byCustomers kz registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed byrule 6DA-1.O31.Florida Administrative Code, orasmay otherwise be established bylaw. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors will submit any mnmth|yrepo�nrequired pursuant tothe rule. All such n*po�sand payments vvi|| L� be uueotto audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of State Term Contract No..- 600-000-11-1 Page 3 of 4 Page 72 of 452 d) The contract is amended to include section 5.40 "Contractor Cerification" and include the following: If the Contract exceeds $1,000,000.00 in total, not including renewal years, Contractor certifies that it is not participating in a boycott of Israel, not listed on either the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. The Department may terminate this Contract under section 11. Contract Renewal, Pursuant to section 4.26 of the State Term Contract, the State Term Contract No. 600-000-11-1 is renewed for a period of one (1) year at the same terms and conditions, with a new contract expiration date of August 3, 2018. 111. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. IV. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective Party. V. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. State of Florida: Department of Mang ement Services By: Title: Chief of Staff &- - 'L r7- %.ontractor: Page 73 of 452 CITY OF MARGATE, FLORIDA RESOLUTION NO. 17-091 A RESOLUTION OF THE CITY OF MARGATE, FLORIDA, APPROVING A LIMITED THREE MONTH TERM RENEWAL FROM THE CURRENT EXPIRATION DATE OF AUGUST 18, 2017 FOR THE MULTIPLE AWARD OF BID NO. 2015-015 - AGGREGATES, TOP SOILS AND SAND (CO-OP BID) WITH FLORIDA SUPERIOR SAND, INC. AND SOIL TECH DISTRIBUTORS, INC.; PROVIDING FOR PRICING AND ALL OTHER TERMS AND CONDITIONS APPROVED UNDER RESOLUTION 16-240 TO REMAIN UNCHANGED; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MARGATE, FLORIDA: SECTION 1: That the City Commission of the City of Margate, Florida, approves a limited three month term renewal from the current expiration date of August 18, 2017 for the multiple award of Bid No. 2015-015 - Aggregates, Top Soils and Sand (co-op bid) with Florida Superior Sand, Inc. and Soil Tech Distributors, Inc. SECTION 2: That the Mayor and City Manager are authorized and directed to execute a contract for the above, or Administration is authorized to issue a purchase order for same. SECTION 3: That this Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED THIS 5th dayjof JULY, 2017. ATTEST: �598PQ--a. KAV ITY CLERK MAYORJTOMMY RUZZANO RECORD OF VOTE Caggiano YES Simone YES Peerman YES Schwartz YES Ruzzano YES Page 74 of 452 Purchasing Department 50 Soutli Ni litary Trail, Suite 1 10 \Vest Palai Beach. Fl 33415-3199 (561) 616-6800 FAX (561)616-6811 www. pbcg0v.c0mlpurcliasing P'aim. Beach County Boars( of County Commissioners Paulette Burdick, Mayor Melissa McKfi lay, Vice Mayor Hag R. Valeclie Dave Kerner Steven L. Abrams Mary Lott Berger Mach Bernard County Administrator Verdenia C. Baker "An Egwd Oppornvlfty AffirmariveActior2 Employe - 9 printed on recycled ,caper Form L May 16, 2017 Morton Salt, Inc Carrie Koch, Sales Representative P.O. Box 93052 Chicago, IL 60673 TERM CONTRACT #16043A Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners ("County") is entering into a Term Contract with your company for SODIUM CHLORIDE SOLAR SALT QUALITY BULK DELIVERY based on: [ X ] RENEWAL OF CONTRACT based on SOLICITATION #16-0431ZG in accordance with all original terms, conditions, specifications and prices with no deviation. The term of this contract is 08120117 through 08119118, and has an estimated dollar value of $567,000. If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire term of the contract, including any renewals or extensions thereof. County User Departments will issue individual "Delivery Orders" against this contract as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bidlquote/response must be exactly the same as it appears on the invoice and in the County's VSS system that can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vsspIAItSelfService. Failure to comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Zulma Gasca, Senior Buyer at zgasca(pbcgov.orq or {561) 6166848. Sincerely, Kathleen M. Scarlett Director Vernetha Green, Water Utilities File Page 75 of 452 cc LU 0 U) > na - > m >1 CL U-1 Ln C) 3: 0 o C 0 'IN 10 00 CD a IN N c < L? 0) LO Ul) Lo M a) 0 Ln sn L') = E -0 m elle IN 04 m C) N cli CN . I I 0 C) C) 0, Q) E (N -N CN CN �s C'4 N CSS n o CD� CD 0 0 5 a) cz LO Q v cc M. CD CD rD cn 7: cJ 0 M m m -Z 7D q) 0 CD o CD 0 C_ 0 (n 06' > -Z p 0 0) L 0 0 E C P n, Cl T LLI 0 0 co iLl 7, > Q z gQj > CD a) cr Lri = cn 1, > m CL co - E Cta 76 C: 0 T -c- m m — 2 - Z, �Xj Q 75, o p: E tix JD CN m—o LF -j co IDe a3 F v C'4 ul '0-- 0 15 3 Cs 0 r,-:� a) Y) T 3: > 7R 0 a) 24 2 M Z� co Li m r < a) X CID 0 f77rn ol� D Q) 76 zf Q) z > 0 C: o 0 w zz M 7M0 0Ci tz 21 -E 7CJ j < U u x M z - 0 rN E 0 Lu H ::- -S yr The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 July 12, 2017 BID: ANNUAL SUPPLY OF METAL CONTAINERS AND ROLL -OFFS BID No.: 059-2510-15/JMA Agreement between the City of Boynton Beach and IRON CONTAINER, LLC: BID RENEWAL TERM: SEPTEMBER 2, 2017 TO SEPTEMBER 1, 2018 /Yes, I agree to renew the existing bid under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) IRON CONTAINER, LLC NAME OF COMPANY LAAJ CLQ.L-P--S NAME OF REPRESENTATIVE (please print) DATE cV\C,4 tsQ<«n e a�cnv .c 1 E- IL Page 77 of 452 4S,-TURE j At_CS i>t2eCo-ToR-- TITLE 305 726 2(00 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Pinang/Pro urernentServices 100 E, �Ynton Beach Boulevar oyntran each, F/arida 3342.5-03 %lepharr ala: (561) 742-6310 F, X (561) 74.2-6316 May 17, 2017 VMP 3595 N. Dixie Hwy. Bay #' 7 Boca Raton, FL, 33431 ATTN: Barry Friedman RE: "ANNUAL SUPPLY OF A.F"TERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" 1111 #: 052-1412-16/M 'l Dear Mr. Friedman: The above referenced Bid wild expires on September 3, 2017. The Bid Documents allow for a one year renewal, Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the fallowing page and email it to Michael Dauta, 'Warehouse Manager, at dautain r l� bff1usi. We look forward to continue working with you. It you should have any questions, please contact Michael Dauta, Warehouse Manager, via email at dautanl Lbbfl,us Thank ;you. Sincerely, 4 Tim W. Howard Assistant City Manager, Administrative 'Services c: Michael Nauta -- Waro house Manager Central File Page 78 of 452 BID NAME: "ANNUAL Sic ACCESSORIES AND SUP� I BID NO.: 052-1412-16IN Contract Renewal Period. - 2018 Agreement between the Products; vXyes, I agree to September 4, 2017 1 No, I do not wish to NAME OF REPRES (please pirint) W % AFTERMARKET AUTOMOTIVE PARTS, 11 K ity of Boynton Beach, and Vehicle Maintenance the existing Bid for the Annual Contract for Aftermarket the same Terms and Conditions for an additional year: i September 3), 2018. agreement for the following reason(s): AGNATURE TITLE 'T C'/', 2 - (AREA CODE) TELEPHONE NUMBER Is GIATLI-Ij I -A Y TO 7-111v 3r Page 79 of 452 - The City of Boynton Beach May 17, 2017 Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 The Parts House 1855 SW 4'h Ave. STE. B30 Delray Beach, FL. 33444 ATTN: Blake BIumerstock RE: "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" BID #: 052-1412-161MFD Dear Mr. Blumerstock: The above referenced Bid will expire on September 3, 2017. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at dautam(&bbfl.us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Warehouse Manager, via email at dautamabbfl.us Thank you. Sincerely, ,; - 42. AAWQ Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta -- Warehouse Manager Central File America's Gateway to the Gulfstream Page 80 of 452 BID NAME: "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 052-1412-161MFD Contract Renewal Period: SEPTEMBER 4, 2017 THROUGH SEPTEMBER 3. 2018 Agreement between the City of Boynton Beach, and The Parts House; —A/—Yes, I agree to extend the existing Bid for the Annual Contract for Aftermarket Automotive Parts under the same Terms and Conditions for an additional year: September 4, 2017 through September 3, 2018. No, I do not wish to renew the agreement for the following reason(s): THE PARTS HOUSE SIGNAT RE NAME OF REPRESENTATIVE (please print) l/�Z/� DATE � s 2� TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulfstream Page 81 of 452 The City of Bounton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 May 17, 2017 Bennett Auto Supply, Inc. 3141 SW 10th Street Pompano Beach, FL. 33069 ATTN: Jennifer Clukey RE: "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" BID #: 052-1412-16/MFD Dear Ms. Clukey: The above referenced Bid will expire on September 3, 2017. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at dautam(c)bbfl.us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Warehouse Manager, via email at dautam(&bbfl.us Thank you. Sincerely, Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta — Warehouse Manager Central File AMERICA'S GATE IVAY TO THE GULFSTREAM Page 82 of 452 BID NAME: "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 052-1412-161MFD Contract Renewal Period: SEPTEMBER 4, 2017 THROUGH SEPTEMBER 3, 2018 Agreement between the City of Boynton Beach, and Bennett Auto Supply; Yes, I agree to extend the existing Bid for the Annual Contract for Aftermarket Automotive Parts under the same Terms and Conditions for an additional year: September 4, 2017 through September 3, 2018. No, I do not wish to renew the agreement for the following reason(s): BENNETT AUTO SUPPLY NAME OF REPRESENTATIVE (please print) -toos � DATE 'JNATU E I *v'e� a , l TITLE (AREA CODE) TELEPHONE NUMBER AMERICA'S GATEWA Y TO THE G ULP+ STREAAJ Page 83 of 452 BID NAME: "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 052-1412-16/MFD Contract Renewal Period: SEPTEMBER 4, 2017 THROUGH SEPTEMBER 2018 Agreement between the City of Boynton Beach, and Eagle Auto Parts; ,,/Yes, I agree to extend the existing Bid for the Annual Contract for Aftermarket Automotive Parts under the same Terms and Conditions for an additional year: September 4, 2017 through September 3, 2018. No, I do not wish to renew the agreement for the following reason(s): EAGLE AUTO PARTS fAJ ruj NAME OF REPRESENTATIVE (please print) 6 /-�- /1 DATE SIGNATURE TITLE y- �6-z (AREA CODE) TELEPHONE NUMBER Page 84 of 452 The City of Bovnton Beach Fin ante/Pro curemen: 100 E. Boynton Beach P.O. Box 31C Boynton Beach, Florida Telephone No: {561) FAX: (561 ) 742-t May 17, 2017 Cold Air Distributors 3053 Industrial 31" Street Ft. Pierce, FL. 34946 ATTN: Stephanie Hansford RE: "ANNUAL, SUPPLY OF AFTERNIARKET AUTOMOTIVE PARTS, ACCESSORIES A1I;D SUPPLIES" SID #: 052-1412-16!1VIFD Dear Ms. Hansford: The above referenced Bid will expire on September 3, 2017. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at dautamCalbRus. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Warehouse Manager, via email at dautatn(Pz�bbfl.us Thank you. Sincerely, 0; Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta -- Warehouse Manager Central File America's Gateway to the GulfslrearO Page 85 of 452 l'd C9 tLZL 2C euanogjeN a!V PIoo d9t:7, t L t C l, ung BID ]NAME: "ANNUAL SUPPLY OF AFTERMARKET AUTOMOTIVE PARTS, ACCESSORIES AND SUPPLIES" BID NO.: 052-1412-161NIFD Contract Renewal Period: SEPTEMBER 4, 2017 THROUGH SEPTEM_BER_3 2018 Agreement behveen the City of Boynton Beach, and Cold Air Distributors; V Yes, l agree to extend the existing Bid for the Annual Contract for Aftermarket Automotive Parts under the same Terms and Conditions for an additional year: September 4, 2017 through September 3, 201& No, I do not wish to renew the agreement for the following reason(s): COLD AYR DISTRIBUTORS )( L Q- r2 ! r F,,4 Yom & ` G/ NAME OF REPRESENTATIVE (please print) /,7//7 DATE SIGNATURE TITLE 7,22 - 41 &,/ ° 303,l (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulfstream Page 86 of 452 Z -d £S£ LLZL LZ£ euanogleW a!b' ploo dgt:7, L LL £ L ung BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID NO.: 053-1412-16/MFD Contract Renewal Period: _SEPTEMBER 4, 2017 THROUGH SEPTEMBER 3, 2018 Agreement between the City of Boynton Beach, and Palm Truck Centers; Yes, I agree to extend the existing Bid for the Annual Contract for Large Truck OEM Parts and Service under the same Terms and Conditions for an additional year: September 4, 2017 through September 3, 2018. No, I do not wish to renew the agreement for the following reason(s): PALM TRUCK CENTERS NAME OF REPRESENTATIVE (please print) D E SIGNATU) u o . TITLE (AREA CODE) TELEPHONE NUMBER nAII+RICz1 'S ('_,j 1, }' TO 7,1114, (,('7,I+.ST1.']+'AA/ Page 87 of 452 The City of Boynton Beach May 17, 2017 Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 Nextran Truck Center 7151 Industrial Dr. S. Riviera Beach, FL. 33404 ATTN: Jody Keene RE:"ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID #: 053-1412-16/MFD Dear Jody Keene: The above referenced Bid will expire on September 3, 2017. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at dautarn bbfl.us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Warehouse Manager, via email at dautam@bbfl.us Thank you. Sincerely, ,a-ot-o Tim W. Howard p.p Assistant City Manager, Administrative Services c: Michael Dauta — Warehouse Manager Central File fiME'RICA'S GATEIT A 1- 110 THE GULESTRI AA1 Page 88 of 452 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID NO.: 053-1412-16/MFD Contract Renewal Period: SEPTEMBER 4, 2017 THROUGH SEPTEMBER 3, 2018 Agreement between the City of Boynton Beach, and Nextran Truck Center; Zyes, I agree to extend the existing Bid for the Annual Contract for Large Truck OEM g g Parts and Service under the same Terms and Conditions for an additional year: September 4, 2017 through September 3, 2018. No, I do not wish to renew the agreement for the following reason(s): NEXTRAN TRUCK CENTER N M OF REPRESENTATIVE (please print) I t DA E SIGNATURE l T TITLE _[ - (AREA CODE) TELEPHONE NUMBER- rI11IF,RI at 'S G.• 1 TF,1 tel I ` TO TILT G L'LSTHEy"I Page 89 of 452 The City of o-unton Beach FinancelProcurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 ATT: Kevin Fender RE: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" 053-1412-16[MF1 The above referenced Bid will expire on September 3, 2017. The Bid Documents allow for a one year renewal, Therefore, the City of B , oynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year, We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at We look forward to continue working with you. If you should have any questions, please contact Michael Nauta, Warehouse Manager, via email at Thank you. c: Michael Nauta — Warehouse Manager Central File A-V, GAWS CEA Y 2-0 WI - Page 90 of 452 In 11 1 ARM 11 W, Q I JIM -1 Contract Renewal Period: SEPTEMBER- 4,2017 THROUGH SEPTEA"R 2018 Agreement between the City of Boynton Beach, and Pat's Ptu-np & Blower; IF /Yes, I agree to extend the existing Bid for the Annual Contract for Large Truck OEM Parts and Service under the same Terms and Conditions for an additional year-, September 4, 2017 through September 3, 2018. No, I do not wish to renew the agreement for the foll, NAME OF REPRESENTATIVE (please print) b DATE SIGNATURE �UIEWTCA'S GA WE WA Y 270 WM7G Page 91 of 452 TITLE �UIEWTCA'S GA WE WA Y 270 WM7G Page 91 of 452 The City of Bounton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No; (561) 742-6310 FAX: (561) 742-6316 May 17, 2017 McNeilus Truck & Manufacturing 1700 NW 33`d Street Pompano Beach, FL. 33064 ATTN: Tyler Lennon RE: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID #: 053-1412-16/MFD Dear Mr. Lennon: The above referenced Bid will expire on September 3, 2017. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at dautam a,bbfl.us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Warehouse Manager, via email at dautam@bbfl.us Thank you. Sincerely, &7" " Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta — Warehouse Manager Central File AAIERICA'S GATL'T-VA Y TO THE G ULFSTREAM Page 92 of 452 BID NAME:"ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID NO.: 053-1412-16/MFD Contract Renewal Period: SEPTEMBER 4, 2017 THROUGH SEPTEMBER 3, 2018 Agreement between the City of Boynton Beach, and McNeilus Truck; . l/ Yes, I agree to extend the existing Bid for the Annual Contract for Large Truck OEM Parts and Service under the same Terms and Conditions for an additional year: September 4, 2017 through September 3, 2018. No, I do not wish to renew the agreement for the following reason(s): MCNEILUS TRUCK NAME OF REPRESENTATIVE (please print) SIGNATURE Tre"", 6 ,4 TITLE � -f-- / / L 7f - �-,, ;Y -- �� -1,Y-57 DATE (AREA CODE) TELEPHONE NUMBER AIIIERICA 'S GATE TVA Y TO THE G ULPSTREAAI Page 93 of 452 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.D. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 May 17, 2017 Southern Sewer Equipment Sales 3409 Industrial 27t Street Fort Pierce, FL. 34946 ATTN: Mike Wood RE: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID #: 053 1412-16/MFD Dear Mr. Wood: The above referenced Bid will expire on September 3, 2017. The Bid Documents allow for a one year renewal. Therefore; the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at dautam(c�bbfl.us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Warehouse Manager, via email at dautamnbbfl.us Thank you. Sincerely, Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta — Warehouse Manager Central File AMERICA'S GAIWWAYTO TI -IE GULFSTREA31 Page 94 of 452 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" BID NO.: 053-1412-16/MFD Contract Renewal Period: SEPTEMBER 4, 2017 THROUGH SEPTEMBER 3, 2018 Agreement between the City of Boynton Beach, and Southern Sewer Equipment Sales; ✓ Yes, I agree to extend the existing Bid for the Annual Contract for Large Truck OEM Parts and Service under the same Terms and Conditions for an additional year: September 4, 2017 through September 3, 2018. No, I do not wish to renew the agreement for the following reason(s): SOUTHERN SEWER EQUIPMENT SALES Felix Denmon NAME OF REPRESENTATIVE (please print) June 5, 2017 DATE SIGNATURE Vice President TITLE (800) 782-4134 (AREA CODE) TELEPHONE NUMBER AMERICAS GATEWAY TO THE GULPS=F,AM Page 95 of 452 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR SMAL AND LIGHT DUTY VEHICLES AND EQUIPMENT" ' BID NO.: 054-1412-16/MFD Contract Renewal Period: SEPTEMBER 4, 2017 THROUGH SEPTEMBER 3, 2018 Agreement between the City of Boynton Beach, and Steve Moore Chevrolet; _ Yes, I agree to extend the existing Bid for the Annual Contract for Small Truck OEM Parts and Service under the same Terms and Conditions for an additional year: September 4, 2017 through September 3, 2018. No, I do not wish to renew the agreement for the following reason(s): (please print) .. I -14� - �P5--V-'r (AREA CODE) TELEPHONE NUMBER AMERICA'S GA WAWA Y TO THE G UT F6TREAM Page 96 of 452 The City of 17 j PoUnton Beach May 17, 2017 FinancelProcurement Services 100,x. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 Al Packer Ford Lincoln 1530 N. Military Trail West Palm Beach, FL. 33409 ATTN: Millie Perez RE: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR SMAL AND LIGHT DUTY VEHICLES AND EQUIPMENT" BID #: QUIPMENT- BID#: 054-i412-16/MFD Dear Ms. Perez: The above referenced Bid will expire on September 3, 2017. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at dautaina(,bbfl.us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Warehouse Manager, via email at dautarn @bbtl.us Thank you. Sincerely, Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta — Warehouse Manager Central File AMERICA'S 0/1 77,01A FVO 9711,e GULF'STRIVAjif Page 97 of 452 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR SMAL AND LIGHT DUTY VEHICLES AND EQUIPMENT" BID NO.: 054-1412-16/MFD Contract Renewal Period: SEPTEMBER 4, 2017 THROUGH SEPTEMBER 3, 2018 Agreement between the City of Boynton Beach, and Al Packer Ford Lincoln; Yes, I agree to extend the existing Bid for the Annual Contract for Small Truck OEM Parts and Service under the same Terms and Conditions for an additional year: September 4, 2017 through September 3, 2018. No, I do not wish to renew the agreement for the following reason(s): AL PACKER FORD LINCOLN E N (P ple, f'f Z AME OF PRESENTATIVE (please print) 4�lsh!z DATE SIGNATURE x0P-e a TITLE (AREA CODE) TELEPHONE NUMBER AAllf"'RIC-/I 'S G., I Y'IY7'f IA' G, I AI Page 98 of 452 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR SMAL AND LIGHT DUTY VEHICLES AND EQUIPMENT" BID NO.: 054-1412-16/MFD Contract Renewal Period: SEPTEMBER 4, 2017 THROUGH SEPTEMBER. 3, 2015 Agreement between the City of Boynton Beach, and Delray Motors; ®X— Yes, I agree to extend the existing Bid for the Annual Contract for Small Truck. OEM Parts and Service under the same Terms and. Conditions for an additional year: September 4, 2017 through September 3, 2018. No, 1 do not wish to renew the agreement for the following reasons): 13110 : iiII ClT17i : `� Brian. Thomas SIGNATURE Parts Manager NAME OF REPRESENTATIVE TITLE (please print) 06/05/17 561-454-1917 DATE (AREA CODE) TELEPHONE NUMBER . i 14f1.'fr IC A S GATE'l l -A Y TC) 7,111tCW '7.1;'.5'1'IiI : I Af Page 99 of 452 BID NAME; "ANNUAL SUPPLY Or, CLEANING CHEMICALS AND JANITORIAL SUPPLIES" BID NO.; 068-1412-16/MFD Contract Renewal Period: OCTOBER 5, 2017 THROUGH OCTOBER 4, 2018 Agreement between the City of Boynton Beach, and Calico Industrial Supply; X Yes, I agree to extend the existing Bid for the Annual Contract for Supply of Cleaning Chemicals under the same Terms and Conditions for an additional year: October 5, 2017 through October 4, 2018. ***ia requested 3.99% as per PPI, Southeast Information Office, Co m ditr: Group: Chemicals and Allied Products (paperwork attached) No, I do not wish to renew the r ment fol the following reason(s): CALICO INDUSTRIAL SUPPLY Chris Hartnett NAME OF REPRESENTATIVE (please print) 9 June 2017 DATE Si Sr. Director of Bids/Contracts TITLE (800) 638-0828 (AREA CODE) TELEPHONE NUMBER America's Gatetiray to Ilse Gulfstream Page 100 of 452 7 Ifl:a'.-rd'I=I.E;.,_ ,�� �_,,r;,, t,- Subscribe to C mai Updates s`eIllo,v IIs I Why W n t etra I Rolla mf (-Mvv vlw I Mug Search BLS.gov ° Homo ( :'ia9l�jc<;t�� � Data Tools hgoh ic":Itkm"0 � F(;o11w10(' Databases, Tables & Calculators by Subject Change Output Options: From: 2007 ! To: 1-2017 o t S i include graphs I --i include annual averages Data extracted on: June 8, 2017 (4:40:33 PM) PPI Commodity Data Series Id: WPU06 Not Seasonally Adjusted Group: Chemicals and allied products Item: Chemicals and allied products Base Date: 198206 SHARE ON: RMT SIZE: More Formatting Qptionsnmom- Download: 0].xisx Year 2007 2008 an 206 fl 229.2 Feb Mar Apr � _206.7" 208.8 210.7 231.3 235 6 240 4 May 213.7 j 246.5 Jun 1215.0 3 252.7 Jul 217 1 262 8 Aug 215 fl 263.3 Sep 216 7 1264.2 Oct 218.9 252 5 Nov Dec _. -224.S- 224.7 239.3 227.6 v -__ 2009 226 8 _.... _ -- 226 5 I 225 8 1 225.2 .... -- 225.8 _ ___--F2 227.8 230.0 231.1 _._�. 232.0 _�... _ 231.7 -.r _ 233.3 236.7 246.9 244.1 243.3 244.3 245.8 248.8 252,1 254.7 2010 239.9 246.1 248.9 2011 262.2 _24_4.2_ 267.3 270.3 276.4 280.6 1.279.7 280.5 280.1 280.9 277.2 274.9 271.1 2012 275.3 _ 278.1 283.0 283.9 281.5 273.9 273.0 273_.6 274.6 275.1 2_73.5 27_3.7 2013 279.2 283.8 282.4 280.5 2_80.6_ 2_80.8 279.8 279.0 277.6 276.2 274.6 276.0 201.4 280.5 282.2 280.8 282.5 280.9 281.4;283.5 284.1 283.2 281.2 277.3 273.3 2015 266.7 266.3 265.71 266.3 267.8 270.8 270.5 268.0 264,1 262.8 .0 261,2 2016. _- 261.9 260 8 1 261 1 ` 264.2 265 5 264.5 265 2 266 3 268.3 fl 1 270.4 2017L273.3(P} P : Preliminary. All 274.9(P) 278 5(P} indexes are subiect 80 9(P} '"Alour months after original publication. L - RECOMMEND THIS PAGE USING: 0 Facebook j _ Tevitter M Linkedlo TOOLS CALCULATORS HELP INFO RESOURCES Areas at a Glance Inflation Help& Tlrtrlriais What's New Inspector General (4I6) Industries et a Glance Injury And Illness FAQs Careers @ BLS Budget and Performance Page 101 of 452 BID NAME: -ANNUAL SUPPLY 0FCLFANING CtIEMICALS AND JANITORIAL SUPPLIES"' b I I 1 4 11 It Agreement between the City of Boynton Beach, and Clean All Products-, X Yes, I agree to extend the existing Bid for the Annual Contract for Supply of Cleaning Chemicals under the same Terms and Conditions for an additional year: October 5, 2017 through October 4, 2018. No, I do not wish to renew the agreement for the following reason(s): CLEAN ALL PRODUCTS Rick Borosky NAME OF REPRESENTATIVE (please print) 06/05/2017 DATE President TITLE 772-546-6694 (AREA CODE) TELEPHONENUMBER Page 102 of 452 The City of Bounton Beach Finance,/Procurement Services 100 F. Boynton Beach Boulevard P.O. Bax 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-5310 FAX: (561) 742-6316 May 17, 2017 Dade Paper & Bag Co. 9601 NW 112`x' Ave Miami, FI.,. 33178 ATTN: Debbie Insuastil RE: "ANNUAL SUPPLY OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" BID #: 068-1412-161MFD Dear Ms, Insuastil: The above referenced Bid will expire on October 4, 2017. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at dautam( )aa,bbfl.us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Warehouse Manager, via email at dautam c ,bbfi.us Thank you. Sincerely, • w AmAk Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta — Warehouse Manager Central File America's Gateway to the G«1 fstream Page 103 of 452 BIS NAME: "ANNUAL SUPPLY OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" BID NO. 068-1412-16/ FD Contract Renewal Period: OCTOBER. 5, 2017 THROUGH OCTOBER 4, 2018 Agreement between the City of Boynton Beach, and Dade Paper & Bag, Yes, I agree to extend the existing Bid for the Annual Contract for Supply of Cleaning Chemicals under the same Terms and Conditions for an additional year; October 5, 2017 through October 4, 2018. No, I do not wish to renew the agreement for the following reason(s): DADE PAPER + BAG NAME OF REPRESENTATIVE (please print) DATE TITLE -� G .2 (AREA SCODE) TELEPHONE NUMBER America's Gateway lo 1he Gua fsfream Page 104 of 452 The City of Bounton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742 -6316 Neeld Paper and Supplies Inc. 113453 Court North West Palm Beach, FL. 33407 AT T: Kathleen Healy RE: "ANNUAL SUPPLY OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" BID #: 068-1412-16/MFD Dear Ms. Healy: The above referenced Bid will expire on October 4, 2017. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Nauta, Warehouse Manager, at d4 t4pjILO?11,us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Warehouse Manager, via email at dqqt4rri-c�;bbf1L us Thank you. 0 Tim W. Howard Assistant City Manager., Administrative Services C: Michael Nauta — Warehouse Manager Central File Is (1-111TAITIA 3-710 THE, GUL11111�;TRJV. I Al Page 105 of 452 BID NO.: 068-1412-1,6/MFD Contract Renewal Period: OCTOBER 5,2017 THROUGH OCTOBER 4,,2Ot8 Agreement between the City of Boynton each, and Neeld Paper and Supply, V/ Yes, I agree to extend the existing Bid for the Annual Contract for Supply of" Cleaning Chcaiicals under the same Tee and Conditions for an additional year: October 5, 2017 through October 4, 201 K No, I do not wish to renew the agreement for the following reason(s): ESEKI -ATIVE �Ok WINATURE TITLE 7 6' DA&� (AREA CODE) TELEPHONE NUMBER -1,111VRICI'S GATEIVA YTO Page 106 of 452 The City of Bo!e!ton Beach May 17, 2017 Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 Office Depot, Inc. 6600 North Military Trail Boca Raton, FL. 33496 ATTN: Jim Pollman RE: "ANNUAL SUPPLY OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" BID #: 068-1412-16/MFD Dear Mr. Pollman: The above referenced Bid will expire on October 4, 2017. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at lout ,fl.us. We look forward to continue working with you. If you should have any questions, please contact Michael Dauta, Warehouse Manager, via email at daut �( bfi.us Thank you. Sincerely, Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta — Warehouse Manager Central File AMERICA'S VlI.LWIEAJ 970 9711K iGULF871 JLlllal Page 107 of 452 Contract Renewal Period: OCTOBER 5, 2017 THROUGH OCTOBER 4, 2018 Agreement between the City of Boynton Beach, and Office Depot; Yes, I agree to extend the existing Bid for the Annual Contract for Supply of Cleaning Chemicals under the same Terms and Conditions for an additional year: October 5, 2017 through October 4, 2018. No, I do not wish to renew the agreement for the following reason(s): (please print) ____. DATE Y SIGNAVO .A-15 TITLE A1I EMICA'S G.49 1VA V TO THE GULPSPHRAM Page 108 of 452 LAGASS NWEET, Essendant Co. overview of price changes effective January 1, 2017 Vendor Effective in Industry Increase % Comments Bobrick 1/1/2017 5-7% Dispensers and Washroom Fixtures Brandywine/Bright Air 1/1/2017 34% Bri ht Air Freshners Cambro 1/1/2017 3-10% All assorted items see attached Chicopee 1/1/2017 4-6% Dustcloth, Service towels, Foodservice towels Clorox 1/1/2017 6-11% Select Glad and Clorox products Diamond Crystal 1/1/2017 1-15% Raw goods Diverse 1/1/2017 2-3% Taski items Dixie 1/1/2017 9-10% Paper hot cu s Eureka 1/1/2017 Varies Parts and accessories ITW Proc Brands 1/1/2017 24% Select items see attached Koala Kare 1/1/2017 3-8% Changing Stations Konie Cu 1/1/2017 3-5% Entire Line Reynolds 1/1/2017 5-6% Plastic goods Rockline Industries 1/1/2017 20-25% Select wipes ' Rubbermaid 1/1/2017 6-8% on most categories San Jamar 1/1/2017 34% Dispensers and Foodservice Smallwares This communication serves as a general notice of anticipated changes to current pricing and provides an average cost change which Essendant was notified of by October 1, 2016. Please note these changes cover most vendors and products within our nationally stocked portfolio. Products that are only available in select branches may not be included. To receive item -specific pricing contact you customer service rep at Essendant directly. K"'. Page 109 of 452 J 13 ct�!ata1N'PR QDUw'rs Lean onus a minority owned company IMPORTANT SALES ANNOUNCEMENT Dear Valued Customer: This is to inform you that Abco Products will be implementing a Price Increase effective Jan 5, 2017. WET MOPS • All Rayon and Cotton Cut End Mops + 6% • All Looped End Wet Mops +5% • Disinfectant Looped End Wet Mops +6% DUST MOPS • Dust Mops +4.0% CORN BROOMS • Corn Brooms +5 % SCRUB BRUSHES • All purpose +5% • Metal +6% HANDLES • Wet Mop Handles +6% • Wood Handles +5% As we continue to provide you with a well known product line; our company still faces the realities of the cost of manufacturing continuing to increase. All orders received by Jan 5, 2017 we will honor pricing for 2016. On behalf of Abco Products; I appreciate your business and wish you continued successs. Kind regar s, ney Vice President les & Marketing ABCO CLEANING PRODUCTS 6800 NW 36 Avenue, Miami FL 33147 Page 110 of 452 UChase PRODVC7S , Leaders in Aerosol Research and Custom Aerosol Packaging ,January 14, 2017 To all our valued customers and business partners: . Enclosed you will find the original notification of the price increase, along with the new price list that goes into effect immediately. All terms and conditions have remained the same. Our overall increase this year is estimated at 5% which accounts for increased cost due to manufacturing expenses. If you have any questions please contact your local sales representative. Thank you for your business support. 6A ,Id,'� Sales Manager Putting the best atyour 52gertipsT P.O. Sox 70 ;* Maywood, Illinois 60153 A Office and Plant -19tt Street & Gardner Road A Broadview. Illinois 60155 708-865-I000 is Fax Administrative Offices - 708 65-0230 * Fax Sales - 708-865-7041 .* www.chaseproducts.com Page 111 of 452 NA wa UI k 0 ffffl dad. Commercial Products Brands That Matter October 10, 2016 Dear Rubbermaid Customer, Thank you for you continued support of our brands and businesses. As you are aware, the global raw material environment continues to be volatile. Over the last 60 days, we have experienced significant cost increases on the resin to a greater extent than projected in our previously announced price increase from last November of last year. The outlook for the near term in 2016 continues to show increases. We have been evaluating this volatile market to determine if these conditions would necessitate pricing action. Rubbermaid has worked diligently to offset the impacts of the market conditions through multiple productivity initiatives, A but unfortunately we are usable to absorb the full burden of these material increases from our suppliers. As a result, Rubbermaid Commercial Products will increase prices 4% to 6% effective January 15, 2017 on selected products. Your Newell Rubbermaid representative will contact you to discuss the transition to the new pricing. As always, thank you for your continued support of our businesses. Best Regards, Mark Jackmore VP, Trade Marketing Commercial Products Segment 8935 Northeross Center Drive I Huntersville, NC, 28078 ( Direct +1 (800) 347-9800 Page 112 of 452 "ANNUAL SUPPLY OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" 068-1412-16/MFD Agreement between the City of Boynton Beach, and The Office Cart; _/Yes, I agree to extend the existing Bid for the Annual Contract for Supply of Cleaning Chemicals under the same Terms and Conditions for an additional year: October 5, 2017 through October 4, 2018. No, I do not wish to renew the agreement for the following reason(s): NAME OF REPRESENTATIVE (please print) DATE Ism ,Pri�l,ocw-r- TITLE (AREA CODE) TELEPHONE NUMBER A AlWRICAS GA jBj-j,,A Y TO ITHE G U1,FS7REAA1 Page 113 of 452 rN-11- I he City of Bounton Beach Fin ancelprocurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (551) 742-6316 The Office Cart LLC 1475 West Cypress Creek Rd. Suite 100 Ft. Lauderdale, FL. 33309 ATTNT: Osnak Mercival. RE: "ANNUAL SUPPLY OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" BID 4: 068-1412-16/MFD Dear Mr. Mercival: The above referenced Bid will expire on October 4, 2017. The Bid Documents allow for a one year renewal. Therefore, the City of Boynton Beach would like to renew the existing agreement under the same terms and conditions for an additional year. We appreciate your quality service, and if you agree, with Commission approval, the Bid will be extended for an additional year. Please indicate your response on the following page and email it to Michael Dauta, Warehouse Manager, at daut -nny bbfl.us. We look forward to continue working with you, If you should have any questions, please contact Michael Dauta, Warehouse Manager, via email at dautani(ii),bbftus Thank you. Sincerely, A^ Tim W. Howard Assistant City Manager, Administrative Services c: Michael Dauta — Warehouse Manager Central File AMERICA ('�A I,, UfTVA Y 710 T11K GULP,TMAAXJ' Page 114 of 452 6.E. CONSENTAGENDA 8/1/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: Approve the minutes from the City Commission Budget Workshop meeting held on July 18, 2017 . EXPLANATION OF REQUEST: The City Commission met on July 18, 2017 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. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: Do not approve the minutes STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Minutes REVIEWERS: Department City Clerk Description 07-18-17 Budget Workshop Reviewer Action Date Stanzione, Tammy Approved 7/20/2017 - 10:18 AM Page 115 of 452 MINUTES OF THE CITY COMMISSION BUDGET WORKSHOP HELD ON JULY 18, 2017, AT 10:00 A.M., AT THE BOYNTON BEACH LIBRARY, PROGRAM ROOM, 208 S. SEACREST BOULEVARD BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor Christina Romelus, Commissioner Mack McCray, Commissioner Joe Casello, Commissioner, (arrived 90:45 a.m.) Chair Grant called the workshop to order at 10:08 a.m. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Lori LaVerriere, City Manager, recapped the workshop held on July 17+" and advised the Commissioners reviewed the General Fund and the larger departments. She asked if the Board was satisfied with what was presented. Mayer Grant thought the City should market the Mae Volen service as he noted there was $100,000 budgeted. He was aware it was a transport service provided to residents and residents were upset about the Shopper Hopper. He thought more information about the Mae Volen Center, what it is and how residents can use it, would be beneficial. Wally Majors, Recreation and Parks Director, explained the Mae Volen Center provides transportation to the Senior Center and other points of interest popular with the seniors such as shopping centers. The bulk of the service is basically free to senior patrons that participate in the Senior Center Food Program. If the patron contacts the Volen Center the day before, they will provide free door to door service to the Senior Center and back home. Any other route would cost $3 each way. It is very economical compared to alternative transportation and the service has been ongoing for four to five years. The City had a prior transportation service, but it was a lot more expensive due to staff and maintenance expenses. He receives very positive feedback and the Volen Center has been very reliable and responsive to the City's needs. Commissioner McCray commented he visits the Senior Center every day and he hears complaints about the Mae Volen buses not always being timely. UTILITY FUND: Colin Groff, Assistant City Manager, advised last year the City finished a five-year series of rate increases, and none were proposed for the next five to 15 years; however, it is important to ensure the treatment plants do not get to the point where the system is unsustainable or have enough funds to operate. Clean water is important as is sewerage. Staff will provide options in August. Page 116 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 The budget this year is $46.5 million which is an increase of $4 million. The increases are caused by direct overhead increases which are the monies the Utilities Department provides to the General Fund to pay for employees that work in the General Fund that work on utility issues. There are also new positions such as the Community Standards Officer regarding plumbing/code issues and an IT professional to help with IT and Utility software needs. Mr. Groff explained 7.5% of utility revenue is transferred to the General Fund and this year, the transfer amount is $250,000. The Department is attempting to replace and repair (R&R) to avoid borrowing money. As a result, the Department is raising the R&R revenues to $1.6 million of current revenue. Debt service increased slightly due to the new bond floated a few months ago, which was the second phase of the long-term bond. The amount will decrease in five years when an older bond is paid off. Chemical costs also increased. Commissioner McCray noted there were issues connecting the east plant to the west plant and was informed the City received $110,000 in damages from the contractor. The project came in under budget although the City lost about four months from the project due to the contractor's failure to do the job correctly. Each division was reviewed. The budget for Customer Relations was down 21% due to outsourcing the billing and retiring old equipment. The City eliminated two customer service positions through attrition, and refocused some customer service employees to the front room as improvements are being made every day. One Utility Field Technician in meter services was added. A Network Administrator and a Community Standards Officer position were also added. The positions would be paid for with funds from the Utilities Fund that were transferred into the General Fund. There is a vacant Engineering Technician position that will be upgraded. It was noted the Utilities Department is moving towards an Enterprise Asset Management system which is making sure each asset owned by Utilities is documented, inspected annually, its condition recorded and replaced just before they fail. Commissioner McCray inquired about fire hydrant replacement and has not seen any in District II. Mr. Groff explained the Department is replacing about 50 to 60 hydrants a year. They are scattered throughout the City and they are replaced as they fail. New projects will have new hydrants. He advised there are about 4,000 hydrants in the City. Mr. Groff explained Utilities management develops operating costs based on past data. They use GIS, hydraulic modeling, asset management, Supervisory Control and Data Acquisition (SCADA) and other tools to determine and meet future demands and equipment replacement. In the past, this was done by best educated guess based on a five-year cycle and management set rates based on those factors. The methodology, however, did not permit management to develop a sustainable utility from a rate standpoint or project needs 20 and 30 years into the future. Utilities management has developed a new way of reviewing rates by taking all the data the department receives daily from all its equipment which is entered into a software system that identifies where 2 Page 117 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 to build projects and what rates are needed to cover costs over the long term. The process is known as data optimization. The data is stored locally on a server and cloud and is routinely backed up, thereby eliminating the need to maintain software. Employees also have an Enterprise Platform which allows them to access the data on their phones when they are in the field, replacing maps and other needed information. There are about 70 to 80 phones which also serve as radio system. Asset management allows staff to have complete records of the equipment including when the equipment was last touched, how long a job took, what the cost of the equipment was, its condition and when it needs to be replaced. Management runs the reports monthly and the engineers develop plans on what they will do over the next six months as it pertains to equipment. Employees will receive work tickets via phone and complete the ticket by phone providing information on how long they were at the site and what they did. This helps management do a better job managing its money. The Department uses hydraulic modeling which is the pipe system in the computer that has the ability to run various models to assist staff provide better service and identify problems. Models are run all the time for water, wastewater, reuse, gravity sewer, forced mains and stormwater. When new projects are presented, staff uses the model to determine if they need a larger line or pump station. The software allows staff to plan what is actually needed for the next 20 years. Staff enters projects into E -builder which stores information about the project including costs, schedules, plans and documentation. Mr. Groff explained E -builder will also be used by Public Works to track projects and develop a Capital Improvement Plan to meet adequate service levels. Based on acquired service levels, staff determines operating costs. The model is used to run rate scenarios to develop the lowest rates possible for the customer and ensure every dime is spent in the right place to maintain service levels. Mr. Groff reiterated staff has never had this tool before and most utility services do not have it. Staff selects the project, funding needed and timing to see how it impacts rates. If staff does not like the rates, staff redoes the project. Mr. Groff explained this was done once or twice every five years. With the software, Mr. Groff was able to review 50 projects in two hours. The Capital Plan for 2017 will be online for the public to view as well as the capital plan worksheet projected out 20 years. Commissioner McCray asked if all the schools have reclaimed water and learned not all do, but staff is planning to do so. He inquired if reclaimed water is used at night for Galaxy Elementary School. Michael Low, Manager, Technical Services, responded Galaxy has their own supply as well as the ball fields behind the school and the grounds, generally, are watered in the evenings. Every location with reclaimed water has a sign posted. Mr. Groff anticipated tripling the customer base for water reuse this year, but they have to build a tank. A map of projects was viewed including neighborhood projects. Staff will begin Seacrest Corridor, Phase II, next year. It is a $10 million project which includes water, storm 3 Page 118 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 water and other improvements. The department will rehab and replace pump stations and the list included other R&R projects. Pump stations last about 20 years and the City has about 220 of them. Commissioner Romelus noted there was an issue at Pence Park and learned it was addressed. Commissioner McCray pointed out some park land was lost due to the improvements made including new sewer and water lines. He asked if reclaimed water was available at the park and was informed it would soon and staff will post signs about reclaimed water. There was an issue with sewer backing up in the restroom so the water and sewer lines were replaced. It was noted Sara Sims Park was not on sewer. Utility acquisition funds were included in the budget as the Department was speaking with other utility systems and staff wanted to ensure there was funding for the City to acquire those systems. Ms. Romelus asked about flooding by SE 28t" and 31St and learned there is a stormwater project proposed to address flooding by the hospital in 2020. If staff planned the project this year and it was a simple project, it could be addressed; if it is complicated with a lot of piping, the permits alone take a year. Mr. Groff advised projects are moved all the time. He listed some of the ongoing projects and agreed to send specifics to Commissioner Romelus. The Operations and Maintenance (O&M) budget and revenue projections without rate adjustments were reviewed. Mr. Groff explained the Department approaches large customers, such as High Point and Sterling Village regarding reclaimed water as it saves money on the cost of developing potable water. He further explained if the Department does not adjust the rates, there will be deficit spending. The model enables staff to analyze the issue and adjust rates annually for inflation and labor inflation. The index affects materials and transportation costs, and all costs except for utilities, personnel, wages and construction. Staff estimated there will be a 1% labor inflation rate, overall. The Utilities Department spends over $2 million a year on electric. The wastewater treatment plant electric bills are $1.1 million a year and Boynton Beach pays 60% and Delray Beach pays 40%. The water plant electric bills are $950,000 a year and the pump stations are $300,000. Mayor Grant queried if there were ways to generate energy. Mr. Groff explained there is a large generator at the East Water Treatment Plant with a natural gas line that could be used, but it would not, even with a 20% savings per year, pay for itself in 20 years. As the City builds new structures, energy costs are being reduced and efficiency is increasing. Staff is always looking for ways to reduce, but self -generation is expensive and there are a lot of by products that have to be disposed. In a downtown area, a district energy plan would be a good method. Another way to generate energy at a wastewater plant is the methane produced by the breakdown of the solids. Mr. Groff explained the City sends its solids to the County, but the contract will expire in eight years. Staff will look at onsite generation. Mayor Grant suggested they consider it in the future as the price of natural gas and generators may go down. He asked about using solar trees or shades, and learned they do not produce 0 Page 119 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 a lot of power. Mayor Grant asked about the cost for the City to generate its own power at the wastewater plant at Ocean Park which Mr. Groff would forward. Commissioner McCray inquired if anything could be placed on top of the water tank to generate energy. Mr. Groff responded it would not be economical, nor is there much space. The tower holds a million gallons of water and uses gravity to maintain water pressure, otherwise the City would have to use ground pumps which are costly. Commissioner Romelus asked about solar farms. Mr. Groff responded the City does not own an electric utility plant and it would not be economical, but staff could discuss it with FP&L. He thought the City would do better to encourage citizens to participate with FP&L. Ms. Romelus noted they are requiring developers in the downtown to have energy efficiency and did not see why they could not put solar panels on the roof. Mr. Groff advised the Building Department has incentives that encourage LEED Building. (Mr Casello arrived at 10:45 a.m.) Commissioner Romelus asked about inflation spikes. Mr. Groff responded staff reviews inflation, takes averages and feels it is better to adjust rates slowly as things cost more. The rates are currently in ordinance format, and he would prefer a rate resolution. Staff would recommend policies to cap rates and use reserves. Commissioner Romelus commented some individuals pay a $100 utility bill and others pay $300 or $400. She asked if everyone paid a flat rate and learned they did not. Charges are based on usage. It was fair across the Board. Ms. LaVerriere asked if the system fluctuates down and learned it did. By Ordinance, staff reviews rates once every five years and the point was raised staff had not contemplated the state of the economy. By using a rate resolution, adjustments can be made. Commissioner Romelus wanted language in the resolution indicating that in times of negative inflation, rates will be adjusted down. Mr. Groff demonstrated how adjustments can cover the cost of the service. They hope as they improve services, costs will diminish. Next year, staff will recommend a no percent increase, only an adjustment by inflationary numbers. It is a new concept being introduced this year. The proposed rates reflected a small increase across the board. Ms. Romelus liked the model, but was skeptical. Mayor Grant asked if staff could cap the inflation and learned a cap was recommended on both sides. If staff does not do a good job reading the data and building the system, the calculations could be done incorrectly and wreak havoc with the budget. This model reflects if they meet the needs of the citizens every month. Mr. Groff advised staff is proficient and can do the job. Ms. Romelus queried whether staff was incorporating new density from development and learned they were. Some projects will have to be constructed to meet demand. The CIP includes those projects and others will be constructed by the developer to ensure capacity. Staff will return in August with a rate resolution and actual bills in different scenarios will be reviewed. 5 Page 120 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 Commissioner McCray advised citizens are telling him the water bills keep increasing and they want someone to check for leaks. Mr. Groff responded staff can check and he recommended customers learn how to read the meters. Customers also can sign up for abnormal use service and they will offer a credit if customers identify a leak. The Department has the technology to detect leaks and the meters read every 10 minutes. Staff will review exceptions and determine if they should contact the customer. Mr. Groff noted a leaky toilet can raise a bill $50 a month. Commissioner McCray asked how staff would contact residents and learned customers can provide contact information. • Operating • Capital Mr. Groff explained the capital budget has three categories of projects which are non - surtax, the one -cent tax and the golf course. Jeff Livergood, Director of Public Works, explained staff dedicated about $3 million this fiscal year of surtax revenue for street improvements including patching every public street, sidewalk repair on the majority of streets in the City and upgrading thermoplastic pavement markings. About 80% of the smaller projects are bid. The sidewalks and pavements are proceeding this year. The construction work on them will extend beyond this fiscal year, but the dollars will roll over with the projects while working on next year's capital projects. Staff noted there will be no sidewalk or street projects in the CIP over the next few years because the City is putting so much emphasis on them this year. Mr. Livergood explained when the surtax was proposed, each municipality submitted a list of projects to the League of Cities that will be addressed using surtax funds and the City submitted its five-year capital plan. The projects totaled about $4.2 or $4.3 million worth of projects each year and fortunately, the project list was about equal to the anticipated surtax revenue. There are two primary CIP funds: 302 which are the non - surtax fund and 304 funds which are internal. Non -surtax funds cannot be used for new endeavors and has an existing fund balance. Staff took its maintenance list, which is surtax eligible and created a 303 fund from which the City will spend the surtax funds allocated to the City. The CIP this year is basically the same as in prior years, with a few smaller projects, cost changes and priority rankings. One priority change was the Town Square. He commented the surtax replaced debt. This year, the five-year capital plan was funded and in prior years, the same plan was not funded and relied on debt. Mr. Livergood explained he served on the League of Cities Surtax Oversight Committee and he reviewed projects from other municipalities. He noted one major change to the City's five-year CIP was a column named Town Square. He advised there are a number of projects planned for 2017/2018 that uses $4.6 million of the surtax funds throughout the community. In FY 2018/2019 all of the surtax funds will be used for the Town Square project. Staff reallocated funds to the needs of the Town Square project as staff would have spent $750,000 on City Hall and maintenance at the Library, Art Center and R Page 121 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 others. The City will then restart in earnest, community projects in 2019/2020 and beyond. Mr. Livergood reviewed the following projects that would be addressed in the five-year plan as follows: Boynton Beach Boulevard Extension, including repair of the planter boxes and the irrigation was budgeted for $115,000. The CRA will also share in the cost. The planter boxes and pavers will be rebuilt in a different way as they are hit all the time and they will address the irrigation. Mayor Grant asked if reclaimed water was available and learned potable water would be used until reclaimed water becomes available. The parking lot was for available for anyone. Mr. Casello asked how the planter boxes would be protected and learned there would be bumper stomps. Ms. Romelus asked why not discard them. Mr. Livergood responded planters would be constructed in different configurations and locations and have buffer overhangs so vehicles will not hit the planters if they hit the curb. The Schoolhouse Children's Museum, built in 1913, would have the exterior painted and minor soffit repair work. It was not anticipated there would be no damage to the school during development of the Town Square. Mr. Casello asked if it would be better to wait until the Town Square was constructed. Mr. Livergood responded it needs the paint now. There was also rust noted at the top of the building. The budget was $35,000. The Public Works Compound, built in 1988, needs paint and the parking lot would be seal coated. The budget was $270,363. It was noted the compound formerly had underground tanks and now has above ground tanks. Commissioner McCray asked if public works would be moved. Mr. Livergood recalled at the time, the goal was to locate the compound to a separate location from a residential area because of deficiencies in the compound. Both of those goals took a back seat to improvements to the Fire Station and police station improvements, the Library and other community buildings. The Public Works compound has not been completed. Staff gets the work done, but the only problem there is the fleet maintenance bay. The bay would be addressed in years six through 10 of the surtax, but the City has other priorities that need to be addressed first. The interior of the fleet maintenance bay would be painted, install better lighting, make ADA improvements and address drainage as vehicles cannot fuel with heavy rain as the area floods. The last project was the scope and preliminary design to replace or relocate the fleet maintenance bay only as a standalone facility. Replacement of minor air handlers would also take place. Betty Thomas Park, built in 2007, will have basketball markings and ADA improvements. The budget was $5,700. Boynton Lakes Park will have the parking lot seal coated, replacement furnishings, cans and benches, replace fitness station replacement, resurface pathways, new playground 7 Page 122 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 equipment replacement, meet ADA requirements and paint the gazebo. The budgeted amount was $106,558. Ms. Romelus asked about water fountains, noting someone keeps dropping mulch in the fountains. Mr. Livergood explained drinking fountains in parks are a high maintenance item. Park crews go to the park once a week. If a fountain is plugged right after the crew leaves, it could take another week before it is discovered. Ms. Romelus asked if the two new positions will check the parks more often and learned this is a regular crew activity and he would not reassign them to the parks. Residents should call when the fountain is plugged or something needs attention. The Carolyn Sims Center and Denson Pool improvements were combined. Both the pool building and the Sims Center will be painted. A pavilion in the back and table will be painted and the pool fence replaced. Commissioner McCray inquired if the fence would be chain link and learned it would be a decorative aluminum fence. Commissioner McCray wanted to ensure the fence will not let children slide through to go swimming. Commissioner Casello asked about security and was concerned about liability. Mr. Livergood explained security will be considered when reviewing the fence design. Staff will follow all reasonable standards in closing off the pool and will work with Recreation and Parks on the fence. There are other long-range improvements planned for these facilities in addition to the ones listed. The budget was $95,000. The Ezell Hester Jr. Community Park will have $632,000 of improvements including park furnishings, office, lobby, pavilion, path, irrigation, fence and miscellaneous repairs. Painting and ADA improvements will also occur. Part of the old baseball field would be repurposed into a multi-purpose field and the HVAC units will be addressed. Mayor Grant asked if the sod would be replaced and learned the irrigation will help to renovate the sod. Staff will coordinate with the Wildcats to schedule time to let the fields rest. Commissioner McCray asked why pipes were filling up, and learned they are from wells and the pump pulls rust and other contaminants into the pipe. Mr. Livergood explained it was normal for well water. The City tried to maintain the Intracoastal Park Clubhouse at a higher level. The Park was built in 2003 and the Clubhouse was built in 2007. Improvements last year included flooring and the walls. Improvements this year will include audio/video upgrades, carpeting, sealcoat the parking lot and refurbishing the pavilion restrooms to become ADA compliant. Jaycee Park has three small pavilions that need paint, as did the restroom exteriors. The parking lot will be seal coated and the City will start to replace the poured in place play surface and incorporate interpretive markers. There is a plan for the next five years to address the playground surface including, repair, removal and mulch. Within a few years, the playground will be replaced. Presently, $64,000 was budgeted for the 2017 tasks. 0 Page 123 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 The City will seal coat the Knollwood Park parking lot costing $3,000. Mr. Casello commented the pavers were sinking and learned staff will address them in house and not through the Capital Improvement Plan. The walking path will be addressed in the future. Mr. Casello asked if the rust issue was addressed and was informed it will not be fixed until the gazebo is replaced. The path overlay is scheduled to be addressed in 2025; however, Mr. Livergood explained that did not mean repairs would not be made sooner. Laurel Hills Park will undergo basketball restoration which was basically an overlay. The budgeted amount was $8,000. Mr. Livergood advised Mangrove Park had about $50,000 to refurbish the restrooms and replace interpretive markers, cans and benches. The parking lot fence is falling down and will be addressed as would ADA improvements. Staff was working with the County to determine how to take part of the aluminum walkway and move it to Oyer Park for the fishing pier. The goal was to move it somewhere else without destroying or changing the intent of Mangrove Park. Staff will have to wait until 2019 when funds will be available. Staff applied for grants, but had been unsuccessful. Ms. LaVerriere pointed out the project was a water project the City lobbied for, but the State cut. She advised the City will continue to apply for the funding. If the entire project was funded, the cost would be $1.7 million to replace. If staff repurposed some of the materials at Oyer Park, it would save $300,000 and cost between $900,000 and $1 million. Staff was attempting to do something good at both locations for half the price. Mangrove Walk at the Marina was discussed. There was a wooden boardwalk which was removed three years ago and a wooden overlook and pavilion was added. The pathway was there for years. It needed an overlay and change of elevation, at a cost of about $49,500. There is power available and small minor events could be held on the premises. Ms. Romelus asked if staff received complaints about loitering in the area and learned the City would work with Casa Costa. High bushes attract sneaky people and discussions are ongoing how future improvements can be made with low level lighting and different landscaping that opens up both pathways. Mr. Livergood advised Meadows Park by Congress Avenue is a heavily utilized park and staff budgeted $327,000 for improvements next year including, restroom refurbishing, painting and a fitness trail. There will be new tables, cans and benches. The surtax has allowed the City to obtain the new garbage cans, tables and benches. There will be repairs to the pathway and a portion of the tennis court fence. The parking lot will be seal coated and the playground equipment will be addressed. The playground has had a slide out of order for some time and noted the apparatus is 10 to 12 years old and it is hard to find replacement parts. Mr. Casello noted all the parks are getting pathways, but not Knollwood Park. Oceanfront Park was budgeted $387,000 for repairs to the lower parking lot lights as there is corrosion failure where the fixture attaches. Staff will remove the north and Page 124 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 south sails and poles which is part of the FPL Canopy project, refurbish the center sail and pole, repair the retaining wall and steps. Staff will replace the playground and review a long-range plan to see how to take advantage of the elevation difference with playground equipment. The City will sealcoat the parking lot, make ADA upgrades, and paint the beachfront pavilions/buildings, restrooms and openings. Oyer Park repairs were mostly for the Coast Guard building and ADA improvements. Restroom exteriors will be painted and a ramp engineering study assessment will allow a consultant to make an assessment to obtain a 20 -year life from the ramps. Interim repairs will be made within a few weeks to extend the life of the equipment for three to four years. Mayor Grant asked if the building at the entrance would be addressed and learned work was not in the plan, but minor repairs will be done in-house. Commissioner Romelus asked about the fishing pier and learned staff worked on the railings, shored them up, and did structural work underneath to extend the life for three years. By then staff will know the status of Mangrove Park and if they can move some of the aluminum walkways there. There was $120,000 budgeted for the improvements. Commissioner Casello asked if there were plans to expand the docks and learned Mr. Livergood had not heard any, but they wiii use a portion of the dock area for a kayak facility. No complaints about the park had been received. Palmetto Green Linear Park was located next to the C-16 Canal and the FEC railroad track. Planned improvements included ADA improvements, pathway resurfacing, restroom refurbishments and sealcoat the parking lot for a cost of $52,000. Pence Park had $16,000 budgeted to replace cans and furnishings, refurbish and paint restroom and build new ADA parking spaces. Pioneer Canal Park, off the C-16 Canal and 13th Avenue, will undergo minor repairs to the fishing pier, basketball and tennis courts and ADA repairs as the paths to the courts must be accessible. Other improvements included cans, benches and grill replacement, sand volleyball court refurbishments, creation of an accessible route, and restroom refurbishments. Improvement costs were $118,000. Mr. Livergood noted a difference in the amount published in the budget book for Sara Sims Park which was $300,000 for a fence, was omitted. He explained this park has been widely discussed by the City and CRA. The new capital plan added the $300,000 for the fence in the park and this park's needs were deferred in the past. About $1.4 million will be spent using $776,000 of City funds and $600,000 from the CRA. Improvements include fencing, irrigation upgrades as there is already reclaimed water available in the area, parking lot repair, pavilion replacements from fire damage, ADA upgrades, sodding and landscaping, new restrooms, upgraded park lighting, new pathway construction and a park identifying feature at MLK Jr. and Seacrest Boulevards. Mr. Livergood explained public input meetings will be required to complete the design. Staff will need guidance where to place the fence and how to configure the 10 Page 125 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 pathway. He will work with the project manager to build the park, but he has to know what to build and where to place items. A landscape architect for preliminary plans will be needed and then staff will complete the work. Commissioner McCray noted the City developed a conceptual plan in 2010. Ms. LaVerriere noted the 2010 plan was a $6 million master plan which included expansion of the cemetery and a mausoleum. The current plan is much smaller. Commissioner McCray thought everyone was moving in different directions. Mr. Groff explained the master plan that was presented received a lot of good feedback which will be incorporated, but staff needs more meetings and will then bring in a designer. Several community meetings will be held with the CRA and the money will go a long way to make the park look nice. Commissioner McCray recalled staff was supposed to send out a questionnaire and learned the CRA was working on the questionnaire. He advised the majority of the individuals who live in District II do not want to be buried at Sara Sims as they wanted to use Boynton Beach Memorial Park. He commented Sara Sims Cemetery just happened, similar to Barton Cemetery. Mr. Simon clarified the 2010 master plan was done by REG Architects. Multiple meetings were held and the comments were included in the 20.14 HOB and 2016 CRA Redevelopment Plans. It is a 30 -page plan detailing public input meetings and the plans are the drawings they continue to show. Since then, staff held public meetings and attendees had changed their minds. The plans shown from May 31 to the last meeting emanated from the 2010 charrettes with the HOB community with further input in 2014. The details under discussion came from the June and July meetings. The aesthetic improvements are the easy plan elements to improve while still working on a long-term plan. The community wants the basketball and handball courts to stay. A utility survey will go out in August. They discussed the baseball field at Galaxy as opposed to building a baseball diamond at Sara Sims. Mr. Casello commented they are spending $1.4 million on this park plus costs for all the other parks. He asked what guarantee there was the park will continue to look updated as he hears complaints about litter and glass. He questioned how will the park be maintained and thought if the City cannot maintain the parks, then the City should not have so many. Commissioner McCray noted Intracoastal Park still looks the same as when it was constructed. He supported giving the citizens what they ask for and not worrying about maintenance. The park was 20 years overdue. The pavilion burned down as a result of arson/vandalism. Mr. Livergood explained when the City builds an asset, it is maintained to the appropriate life cycle. Different parks have different uses which require different maintenance cycles and use different techniques i.e. custodial or staff to maintain. He believed for the next nine years, there will be funds to maintain the park appropriately. His concern was from years nine and beyond when the surtax funds are over. Mr. Livergood explained the Senior Center will receive flooring and awning repairs at an estimated cost of $46,000. 11 Page 126 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 The Tennis Center will have the parking lot sea coated and receive ADA improvements on the sidewalks up to the building. It will receive upgrades to the landscaped and median areas and be redesigned to accommodate another solar panel from FPL. Commissioner Casello asked how many users were Boynton Beach residents. Mr. Majors estimated about 160 patrons were residents. There were a little over 200 plus permit holders and he thought there may be more non-resident members. Commissioner Casello asked what kind of revenue the Tennis Club generated as he wanted to know if it brought in a positive cash flow. He recalled a few years ago the Commission voted to improve the lighting. Mr. Majors explained all City facilities are subsidized and non-residents are charged a fee. They already pay a lot more than City residents, but not enough to maintain the center. Commissioner Casello thought the center was a liability. Mayor Grant commented there are free tennis courts at other parks. A fee increase would have to be instituted to make the facility revenue neutral. Several years ago, staff increased the fee, but the City Commission elected to adopt a lower rate than staff recommended. It was the same concept at Oceanfront Park. Commissioner Casello thought at some point the facility should be revenue neutral. Mayor Grant disagreed and read the fees for the Tennis Center. Mr. Majors agreed to provide the actual number of non-residents using the facility. Mayor Grant estimated non-residents provide $40,000 to the park which is also attached to Barrier Free Park, which does not charge a fee Amy Blackman, Recreation Supervisor, explained there is a total of 140 permit holders apart from the individuals that play daily and a little less than half are non-residents. Vice Mayor Katz asked about the total revenue compared to the cost of operation which Ms. Blackman agreed to provide. He commented if the facility was costing hundreds of thousands of dollars for 70 residents and 70 non-residents, it may be an unnecessary expenditure and it should be reviewed. Mr. Majors explained the cost recovered at the facility was much better. He and Ms. Blackman investigated how others, such as Delray Beach, operate their facility and the Department, for the past five years, looked at other ways to manage the facility such as with a management company. There would still be some expenses to maintain the property. The Department also eliminated the tennis pro which saved $90,000. He advised the level of subsidy is not as high as was discussed and it is higher than most other City facilities. Ms. LaVerriere inquired how often staff looks at fees compared to other providers and facilities and learned it is reviewed on an annual basis. A consultant had interviewed each Commissioner, talked about all the parks and the City's philosophy. Mr. Majors explained they reviewed a pyramid. The bottom of the pyramid had programs completely subsidized such as parks, playgrounds and a pool. Those facilities benefit the entire community. The top of the pyramid was the activities that benefit individuals such as jazzercise and self-improvement classes. Those classes cover 100% of the cost, supplies and equipment. Fees can be adjusted. The Tennis Center fees were based on what fees staff thought was appropriate. All facilities and programs can be 12 Page 127 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 analyzed, obtain feedback, but they try to keep fees affordable to families. One example is the summer camp, which is likely the least expensive in the County. The Tennis Center was constructed in 1982. Vice Mayor Katz commented people need to pay for amenities that are not basic as Boynton Beach is not a rich city. He thought the City Commission should identify what needs to be tweaked. Ms. LaVerriere pointed out it is the Commission's job to set the policy what amenities are offered to the public, if it will be revenue neutral and it is pure policy. The Department is working on the Strategic Plan with Recreation and Parks. Wally advised they have a revenue policy manual which is a document, when changes are made, it is brought to the attention of the City Commission. The Tennis Center compared to Wellington, Boca Raton, Palm Beach Gardens. They are on the lower end of the fee range. Ms. LaVerriere explained that has been the policy history. Commissioner Casello commented every year the Commission reviews the budget and scrapes for the dollars. Ms. Blackman explained the revenue from the Tennis Center was $160,000 and the expenses were $241,000. The Center has annual permit fees, and daily fees. It is a mixture of permits and all the other programs. Commissioner McCray asked, in reference to the accreditation, what the accreditation team said about the Tennis Center. Mr. Majors explained it was not necessarily a standard and it was not a discussion point for accreditation. It was one of many facilities that could be discussed. Mr. Livergood explained staff conducted an assessment of fire station interior and exterior repairs. The cost of the repairs was estimated at $293,000 and included kitchen renovations and women's restroom repair at Station 2, concrete apron expansions, seal coat parking lot and west lot, paint apparatus bay ceiling, community room soffit and security and lighting at Station 3. Station 5 would be pressure washed and the exterior walls sealed. Commissioner Casello asked how much was spent on the new roof of the station and learned it was $30,000 from last year's budget. The air quality issue at the fire stations was resolved. Streets, sidewalks and bridges was previously reviewed. The amount budgeted was $185,000 1 Information Technology had been in the capital budget for a number of years and had $463,000 budgeted for improvements. Mr. Livergood advised an IT representative was present to answer questions about the improvements. Listed improvements were anti- virus and PC replacement, PC and server replacement for Utilities, a new switch and data center, a network infrastructure replacement and SCADA for utilities, a SAN storage and server replacement, also for Utilities. The General Surtax Capital fund 303 had $226,000 budgeted for branding. Improvements included City-wide building and park signage. Mr. Livergood pointed out the fires stations and park signs were different and some of them were dilapidated. Staff sought to unify them. 13 Page 128 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 The Non -surtax Capital fund 302 had $1,375,890 budgeted and some dollars in this funds will be supplemented to add up to the project costs. This fund is used for new endeavors and initiatives. The golf course is listed in this fund and is the capital funding that comes from the golf course and their fees. It is listed in the 302 fund because money comes in and is spent. The golf course has a surcharge and part of the fee is for capital improvements. A map of the City showing the location of the projects was viewed. Commissioner Romelus inquired about minority and local hires and was informed by Tim Howard, Assistant City Manager, the draft policy was on his desk. It was drafted by Economic Development and has been partially reviewed by Legal. Mr. Howard can code a field in the vendor file to track the vendor hires. He has the language for the bid document and they can track it from there. Many projects would be broken down into smaller components. On a department level and project basis, some projects will lend itself to this method where others may not so much. These will be based on project manager and department head expertise and knowledge. The smaller components will focus on the bid language and help with the tolerance level for the additional cost for local preference, and it will be noted on the bid if a project will not be broken apart. The Commission will see an outline and the tolerance ievei next month. These projects will be in place October 1St and the policy will already be in place. The existing procurement policy indicates anything over $25,000 requires a formal bid process and a reply by a certain date. The ones under $25,000 are written quotes and are handled by individual departments and is still being adjusted. It will be ready for review by August. Vice Mayor Katz requested verification regarding the smaller project components, there will be a threshold of the premium they pay and learned there would and the tolerance threshold needs to be tracked. Most policies reviewed have a tolerance percentage and a dollar maximum per bid. The City Commission can adjust the threshold. With this type of policy, the entire City is eligible to respond to the local business endeavor and would be weighed equally. Mr. Howard agreed and explained local businesses with a Business Tax Receipt within corporate limits of Boynton Beach will be given preference. Commissioner Romelus preferred to include areas near Boynton Beach; however, Mr. Howard explained there would be tracking issues. Mayor Grant recessed the meeting for lunch at 12:41 p.m. and reconvened the meeting at 1:08 p.m. Ron Tapper, Golf Course Manager, showed pictures of the golf course greens and driving range tee renovations and advised he anticipated the course would be open in September or soon thereafter. The driving range would be renovated with Celebration Grass on the Tee -box. The grass on the greens is TIF Eagle which takes a few months to take hold. He hoped by the first week in September, everything would be open at the Golf Course, including the driving range. `E Page 129 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 The Administration budget had a 3.45% increase and the maintenance budget reflected a 22% decrease due to the $300,000 loan they took for the greens. Mr. Tapper advised the golf carts will be four years old in November and the lease will expire. Management is looking to add seven vehicles, six of which will be maintenance vehicles and one vehicle to be the bag cart. Staff sought to enter into an annual lease ensuring every four years, there are new vehicles. Mr. Tapper reviewed staff will purchase a range ball dispenser upgrade for $6,000. There are currently two machines for range balls. One dispenser will accept debit or credit card payments so golfers do not have to go into the shop and it will eliminate tokens which are expensive to purchase. The maintenance budget reflected staff will replace and purchase new equipment such as $14,000 for fumigation of airways so bugs do not eat roots. Commissioner McCray asked how often the course is fumigated and learned it can occur twice a year Last year, the course was fumigated once and staff did not fumigate this year. Staff spot fumigated, but the $14,000 would cover all 18 holes. There was also a $32,000 reduction in pension costs due to converting five full-time positions into part-time positions. Additionally most priority jobs start at 6 a.m. and last to about 11 a.m., which was when the part-time worker would go home. This year, to assist with revenue, the price structure will be changed under Recreation and Parks. The Golf Course fiscal year is November 1St through October 31St, because the summer months go through October 31St. This gives the golf course flexibility to open up areas with tee times. The golf course prime time is 7 a.m. to 12 noon. To stay competitive, they have to move rates around. He noted 7 a.m. to 8 a.m. is difficult because Park Vista High School students block the driveway on Jog Road and he has been fighting this with the school. There is a Sheriff substation nearby and staff advises golfers to arrive early as 6:45 a.m. to 7:21 is a problem. Membership rates are changing. In the past, the $65 Links Club Card gave a discount rate throughout the year. There were also annual permit holders who pay $725 a year and who pay a card fee. There are only 69 permit holders, which was decreasing each year, and over 600 club card holders. Mr. Tapper explained all golf courses sell a card. Most revenue is received through a daily fee which has to be competitive. If someone comes in off the street, the Links will be within a few dollars of the rate the Club Card was last year. This year will be more affordable. In the last year and a half, staff noticed the budget totals were off 400 to 600 hours for the season. Commissioner McCray explained the golf course was very popular years ago. Mr. Tapper agreed, but pointed out there were no county courses at that time. There are six public golf courses and the Links has to be more affordable. Staff noticed there are three or four tee times per day, that if filled three times, the Links will be over budget. Staff polled golfers if the greens would attract golfers and all agreed. The Links was doing away with the annual permit holder who pays the card fee. Staff will supplement those patrons by having a premium membership of $2,700 for November through April, when the course makes their revenue and the Links will allow three payments to cover the payment. The Links was looking for people loyal to the golf course and keep it 15 Page 130 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 affordable to those walking in off the street. Mr. Tapper explained the average rounds were 44,000 rounds per year on the championship course and staff is confident it will increase to 49,000 rounds on the same course. When taken in conjunction with the family course, which does about 16,000 rounds, there are 64,000 rounds which will bring in more revenue. The driving range has 58,000 rounds and staff anticipated 60,000 rounds will be played. He commented the driving ranges suffer wear and tear. The new grass being added to the ranges was a more durable grass. Staff enlarged the driving range to have more hitting areas and it will be revenue driven and consistent. Commissioner Casello asked if Mr. Tapper checked with other courses and learned he had. Patrons having a premium season membership November to April will not pay any card or greens fees. Mr. Casello thought there may be some issues with the fees. Mr. Tapper commented permit sales were diminishing and the Links should cater more to daily fees. Staff knows where the percentages are and where they have to go to. Commissioner Casello also pointed out another problem with the Links was the distance off the main road. There is a parcel of land available for sale for a long time. He thought if they incorporated that land with the opening of the course, it would increase visibility. Mr. Groff agreed and explained staff was also working with the County to place a sign in the median and there is a hedge that blocks the sign. The Concert on the Green was successful and they will do it again. Commissioner Casello commented first impressions mean a lot and the City has one chance to show the Links as a premier golf course offering a fair price. The Links has one of the best layouts in South Florida. It made money in the past and the reserves were depleted. Commissioner McCray asked what was occurring with the restaurant and pro shop and learned the clubhouse will be renovated. Mr. Casello asked about marketing and learned the City would market every way they can including events attracting non golfers. The golf course has a Facebook page, staff has an email list with 5,000 addresses. Staff proposed to use the front entrance to advertise new greens were coming as thousands of cars drive past each day. Staff has some new ideas how to market. Commissioner McCray noted September was fast approaching. Mr. Howard explained some of the budgets were previously discussed. ® Solid Waste This item was previously discussed. Fleet Mr. Howard explained the proposed budget was $8.2 million. The current year budget was $6.1 million. The City serviced and purchased vehicles based on the schedule from Public Works. The warehouse is where the products purchased by the City is stored and then distributed. Self-insurance was previously discussed, including the premiums on the insurance policies and claims on workers compensation and liability. 16 Page 131 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 Special revenue funds were smaller funds. Traffic safety was budgeted for the current year, but was not budgeted in the upcoming hear. He noted this was the Red Light Camera Program. The local option gas tax is funds received from the State. The City received $1.2 million this year, and will receive $1.3 million in the coming year. He explained these funds are transferred back to the General Fund or the 302 General Capital Fund. The amount transferred to the 302 Fund is used for sidewalk, roadwork repaving and striping. The Art in Public Places program has $250,000 and was budgeted for $237,000 next year. Recreation and Parks projects were discussed by Mr. Majors and had $837,000 this year. Next year the department would receive $768,000 including classes in the Civic Center. Community Improvements were budgeted for $234,000 and would receive $238,000 in the upcoming year. He explained Octavia Sherrod runs the CDBG and SHIP program. Her staff is funded through administrative fees from CDBG and SHIP. Mr. Howard explained 5% or 10% of SHIP funds and 20% of CDBG funds can be used for administrative fees. He agreed to forward the amount of SHIP funds received to Commissioner McCray. The Cemetery was budgeted for $354,000 this year and was budgeted for $338,000 for the coming year. He noted a consultant had been retained to replat the Cemetery which occurred this year. Mr. Howard explained the City paid debt service was $9.4 million. This year debt service will be $9.5 million and next year, when the public service tax fund, the City will pay the debt service the City has on the outstanding public service tax bonds. The remainder will be transferred back into the General Fund. The amount for the upcoming year is $6.5 million. • Risk This item was previously discussed. • Other This item was previously discussed. PUBLIC COMMENTS Cindy Falco-Dicorrado, 316 NW 1St Avenue, commented they attended an event at the golf course and they missed the entrance once. She explained it was nice, but the entrance was a long drive. She liked the venue and thought the public and communities will become aware of the amenity. She asked if the clubhouse was available to be rented for different functions and learned it was not at this time. She thought it so. It would be a great amenity as individuals like to get married on greens. Susan Oyer, 140 SE 27th Way, suggested the City increase developer fees for all projects over $1 million. Ms. Oyer advised she went to McDonalds the night before and someone overdosed at McDonalds and it happens often. She hoped there would be a way to recover costs for those services. Ms. Oyer wanted to see an increase in fees the 17 Page 132 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 City charges other cities for utilities service and understood some fees other cities are paying are less than what residents pay. She recommended all City and CRA properties given to development should have a fee imposed, perhaps a percentage of its value. She noted the City provided active shooter employee training and asked why the Advisory Boards did not receive training. She questioned why the Assistant Director of Public Works position was eliminated and understood Mr. Livergood would be retiring. She thought the assistant director's position was a good training opportunity to take over his job. She understood two new grounds crew were being hired and asked if they would address medians. She emailed a study about LED warm white lights was less disruptive to the circadian rhythm. She heard about a landfill that would soon be closed and asked about converting the property to a solar farm. She commented usually the public receives a breakdown of the budget by department, but did not receive one this year. Ms. LaVerriere explained there were copies in the back of the room, Ms. Oyer understood reclaimed water was cleaned 23 times and is cleaner than regular tap water. Mr. Groff explained it is not cleaner than tap water and tap has chemicals added to make it taste better. Reclaimed water is disinfected and cleaned to the point where it can be drunk. Some parts of the country use reclaimed water as drinking water, but it is not the practice used in Florida. She noted lights are kept on longer at Betty Thomas Park, but there is a drug problem. She requested more cameras and lights be installed. Irwin Cineus, 223 NE 12th Avenue, asked about training for jobs associated with the upcoming new development. Mayor Grant commented the CRA requires the developer to hire locally. He recommended going to Palm Beach County Adult Education Services. He asked if the Utility district is its own entity and learned it is a fund and its boundaries extend outside of the City of Boynton Beach to Military Trail, to Hypoluxo, and encompasses other municipalities. The City oversees the Utility Department. He spoke about funding utilities and asked about utility funds. Mr. Groff explained utility funds are generated by customer fees. When the City has capacity projects, the City borrows money and the new customers pay it back through capacity fees. Mr. Cineus asked about the 6320 model and thought there are ways the community can claim some of the fee increases on their taxes. It was like a rebate. Residents can claim the increases on their taxes. Mr. Groff explained residents have a 7.5% gross revenue dividend that is paid from Utilities to the General Fund. The P3 model is a different model. Mayor Grant explained the amount can be adjusted. He asked if the 7.5% is the highest amount permitted by law. Mr. Groff explained it is a policy decision. The City is rated by rating agencies on its borrowing which sets the interest rates. If the rate is too high on the transfer, the valuation from the rating agency goes down. The optimum point, based on utilities in the U.S. is about 7.5% which was appropriate, but it could be reviewed in the future when the next bond is over. No one else coming forward, Public Comments was closed. ADOPTION OF PROPOSED MILLAGE RATE RESOLUTION Ii F-11 Page 133 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 Mr. Howard explained he needed consensus on the option of raising the monthly garbage fee $1 which will be presented to the City Commission for first reading on August 1St and second reading on August 15th to be effective October 1st. He clarified the increase was part of the rate structure in the proposed budget. Consensus was also needed for Mr. Groff to approach the City Commission in August to discuss replacing utility rates contained in ordinance form with a Resolution so the City can notify customers in September. Commissioner McCray did not favor the budget, nor was he in favor of the raising solid waste rates or the $20 fire assessment increase. Commissioner Romelus agreed with Commissioner McCray, but noted there are a lot of financial problems and they have to try to prevent loss of income in the future. In light of what is pending over the next few years, because of what has been proposed in Tallahassee, the City had to leave no stone unturned and looked at every line item. She commented if this was the way to achieve the goal and it shores up services for residents, she would support the increase. She pointed out about 77% of the budget goes to personnel and she was okay with the wages. She did not like the numbers, but understood the need for the increase. There are no federal and state funds available for the unfunded mandates that are imposed. She would support it reluctantly. Mr. Casello asked when the last increase in trash occurred and learned it was two years ago. He liked the garbage, police and fire services. He likes sidewalks and the way the City looks, but it comes with a cost and costs will increase. He did not like the increase, but understood the need for them and would support them. Vice Mayor Katz advised he will regularly seek pro -growth and development projects that will improve the City and its tax base. He spoke about fiscal responsibility and making difficult cuts, He did not favor the increases for either item. The third one was the utility schedule. Mayor Grant understood the fire assessment was enacted for a new fire station and thought now it was a personnel and pension issue. He felt fire services were a vital part of the City. He was not happy it was more for people in the Fire Department and he did not think there will be another hike for fire assessment soon. Raising the millage rate will not affect people making under $200. Some people will see a 10% increase. He spoke regarding the garbage fees and commented some residents did not get trash picked up yesterday because there were not enough trucks or personnel. To continue the service of two pickups a week and recycling, the City needs to charge more to be more competitive. As for utility rates, Mayor Grant felt instead of having a flat five-year plan, it made the most sense to base it on inflation with a cap. Utility bills would have gone down and the City would not have to increase taxes. There was consensus for the millage rate to remain at 7.9 mills which is the same as the current year's millage. Page 134 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 Attorney Cherof read Proposed Resolution R17-064 announcing the proposed millage rate for the general operating budget for fiscal year 2017/2018 and setting a roll back rate and setting the date, time and place for the first public hearing and providing for an effective date. Embedded in the Resolution is the proposed millage rate of 7.9000 which is a roll back rate of 7.4224. There will be a first public hearing on the budget on September 7th at 6:30 p.m. at City Hall Commission Chambers. Vote The City Commission passed Proposed Resolution R17-064 4-1. (Commissioner McCray dissenting.) ADOPTION OF PRELIMINARY FIRE ASSESSMENT RATE RESOLUTION Attorney Cherof read Proposed Resolution R17-065 relating to the provision of Fire Rescue Services, pursuant to programs in the City of Boynton Beach, describing the method of assessing Fire Rescue Assessment Costs against assessed property, located in the City of Boynton Beach, directing the preparation of an assessment role, authorizing a public hearing and directing the provision i of the notice and providing an effective date. The rates will be changed to $120. Vote City Clerk Pyle called the roll. The Resolution was passed 3-2 (Vice Mayor Katz and Commissioner McCray dissenting.) Attorney Cherof advised the Public Hearing on the Fire Assessment will occur at the same time as the City Commission meeting. (September 7, 2017) Commissioner McCray inquired if the hardship program for individuals who cannot pay was still in place and learned it was. Mr. Howard explained information about applying for the program will be on the website, at all recreation facilities and City Hall, and he will announce it at the September hearing for final adoption. The hardship is based on income level. Ms. Romelus opposed this assessment as it is a tax raised and levied against everyone and they are assessed the same way across all income levels. In 2019, the City anticipates being imposed a $2 million levy due to the homestead exemptions as residents can deduct an extra homestead exemption, and it will reduce City revenues by $2 million. She explained they have to put their money where their mouth is to maintain the same level of service. The City laid people off in the past that were needed and recaptured some of its former levels of service, but did not see where cuts would be made to personnel. She explained by imposing the additional homestead exemptions, Tallahassee was making it difficult for cities to conduct normal operations. She noted there is a huge attack on Home Rule occurring and Tallahassee is attempting to remove 20 Page 135 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 city government authority to the point that Tallahassee would operate its municipalities. She advised it is intentional and the City Commission should be mindful. Commissioner McCray explained he did not support the fire assessment because when it was enacted, the citizens were ensured it would sunset. The City did not keep its word and it will be a continuous tax. As for raising utilities and solid waste fees, he thought if residents were receiving quality services, he could support it, but District II residents complained. Commissioner Casello advised over 6,000 properties pay $200 or less in ad valorem taxes and use the same services as others paying for their properties. He supported the fire assessment and thought it was fair. As for the trash pickup, the City will have three or four new trucks. There were no problems in District IV regarding trash pickup and he acknowledged there may have been times it was delayed or missed by a day which is caused by a truck breakdown or employee not coming in. He was happy with his bill and commented he was getting what he paid for. Vice Mayor Katz had no comments. Mayor Grant congratulated staff and looked forward to a better Boynton Beach. He announced the millage rate was 7.9 mills and the City will send out information regarding the fire assessment. Ms. LaVerriere explained this is a difficult time for elected officials and for her having to bring bad news about raising costs and fees. She agreed about the attack on local governments and there is a local priority aggressively emanating up to the State from all municipalities to try to continue to sustain cities. The City wants better things and to provide great services, but it comes with a cost. She explained this was a tough budget as they cut almost $4 million and some items were cut to the bone. Staff works hard to find new money and not ask the City Commission to make hard decisions. She thought the City has a good budget, can make improvements in some areas and stay the course in others. It can be done incrementally and she thanked the City Commission for the support. Ms. Romelus thanked staff for their hard work. ADJOURNMENT Motion There being no further business, Commissioner Romelus moved to adjourn. Commissioner McCray seconded the motion. 21 Page 136 of 452 Meeting Minutes City Commission Budget Workshop Boynton Beach, Florida July 18, 2017 Vote The motion passed 5-0. The workshop was adjourned at 2:15 p.m. ATTEST Judith A. Pyle, CMC City Clerk Catherine Cherry Minutes Specialist 22 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner - Mack McCray Commissioner - Christina Romelus Commissioner - Joe Casello Page 137 of 452 7.A. REQUESTED ACTION BY COMMISSION: Authorize issuing a purchase order to M&M Asphalt Maintenance Inc., d/b/a All County Paving of Delray Beach, FL, in the amount of $175,685.91, plus a 10% contingency in the amount of $17,500.00 for a total cost of $193,185.91 for the purpose of restriping several of the City's streets utilizing the City of West Palm Beach's Paving Contract #16393 pricing, terms and conditions. The City of West Palm Beach bid satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: The finance department has confirmed with the City of West Palm Beach and the contractor that we are able to utilize this contract. The Finance Department also has the complete City of West Palm Beach Contract on file. The City of West Palm Beach's competitive bid process satisfies the City of Boynton Beach's competitive bid requirements. Over the past several years, City staff and elected officials have received a growing number of complaints from the residents and visitors regarding the faded or missing pavement markings. As such, staff proposes to reapply the thermoplastic pavement markings. The proposed purchase order with M&M Asphalt Maintenance Inc. is utilizing the City of West Palm Beach General Roadway and Miscellaneous Construction Contract #16393. The useful life of thermoplastic strips is about 24 months. As pavement marking age, their reflective qualities deteriorate due to loss of adhesion with the pavement and loosening and detaching of the glass beads embedded in the markings. The degradation process is accelerated by extreme weather conditions and vehicle off -tracking (where vehicle tires travel directly on the striped lines). In our climate, the marking material damage is caused by expansion and contraction of the marking and pavement at different rates, which results from extreme temperature fluctuations. Also breakdown of the chemical bond and resins and pigment components of the markings have been attributed to ultraviolet rays. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Restriping will provide pavement markings for a minimum of 2 years. FISCAL IMPACT: Budgeted This project will be funded by the sale tax dollars. The proposed construction cost, plus contingency is $193,185.91 and shall be funded from the Transportation/Roadway component of the City's FY 2016/17 Capital Improvement Plan. Funding shall include 175,685.91 from Street Maintenance/Impr. (Project Number: CP0266, and Account Number 303-4905-580.63-08) ALTERNATIVES: Defer all the striping to a future year (not recommended). The use of paint is not allowed by code. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 138 of 452 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachment D Attachment REVIEWERS: Department Reviewer Public Works - Engineering Livergood, Jeffrey Finance Howard, Tim Legal Swanson, Lynn Finance Howard, Tim City Manager LaVerriere, Lori Description Map of proposed striping projects Proposal from All County Copy of Piggy Back Contract Action Date Approved 7/25/2017 ® 10:23 AM Approved 7/25/2017 ® 1:19 PM Approved 7/25/2017 ® 1:48 PM Approved 7/25/2017 ® 1:48 PM Approved 7/28/2017 ® 8:48 AM Page 139 of 452 INCity of Boynton Beach's Proposed Sale Tax Striping Projects Location Cost Vvidu lir Boynton Beach II �,J Golf Club x, Golf Page 140 of 452 LEGEND: Location of Project July 14, 2017 For: City of Boynton Beach Striping COUN'lry 131,344.92 8 Palm Land And North Charter Dr (North Charter Drive - From Congress Up One Block $ 5,772.60 Only To Beginning Of Summit - Then Turn Right And Do All Of Palm Land, Not PAVEMENT MANAGEMENT ENT SOLUTIONS Project: Boynton Beach Thermo 9 Location: Summary Sheet 3,950.87 10 SW 30th Ave (Congress Ave To South Tech School Entrance) $ 1,886.40 11 SW 8th St (Boynton Beach Blvd To Woolbright Ave) Sheets: Google Earth I Plan Date: N/A SE 36th Ave - Northside Only (Seacrest To Tracks) - Tracks To Federal Hwy - All $ 9,298.80 Industrial Ave New Layout & Restripe $ Page # Street Location Total 1 Railroad Ave (Boynton Beach Blvd To NE 10th Ave - MILK) $ 12,054.60 2 SW 35th Ave (Congress Ave To Park Entrance) $ 2,683.80 3 NW 7th Court (Boynton Beach Blvd To NW 13th Ave) $ 1,300.80 4 NW 7th Street (Boynton Beach Blvd To NW 13th Ave) $ 1,233.00 5 NW & SW 7th St (Boynton Beach Blvd To SW 4th Ave) $ 1,079.40 6 SW 25th Place (Approach To Congress Only) $ 285.70 7 SW 27th Place (Approach To Congress Only) $ 383.40 0 12 Winchester Park Blvd (Boynton Beach Blvd To Old Boynton Rd) $ 14,396.40 a 13 NW 31st Terrace - Collins Lane (Boynton Beach Blvd To Congress Ave) $ 4,816.20 14 NW Commerce Rd (High Ridge Rd To Tri -Rail Entrance) $ 4,907.21 15 High Ridge Rd (Curve - South End To North End To Miner Rd) $ 15,763.80 16 Park Ridge Blvd (From Curve At High Ridge To High School Entrance) $ 7,749.00 U 17 Quantum Blvd (Congress Ave To Gateway Blvd) $ 39,747.90 o 18 Citrus Park Blvd (Lawrence Rd East To Crosswalk - Do Not Include Lawrence Crosswalk) $ 3,136.80 19 Sandalwood Court (Congress Ave To Miner Rd) $ 11,070.00 20 Meadows Blvd - North Entrance (Entrance Only) $ 1,561.80 21 Meadows Blvd -South Entrance (Entrance Only) $ 518.40 22 Boynton Lakes Dr (Congress Ave To Hypoluxo) $ 25,268.10 24 Martin Luther King Jr Blvd ( NW 5th St To Federal Hwy) $ 11,290.80 25 East Ocean Ave (Seacrest To Federal Hwy) $ 6,519.30 ~ 26 SE 12th Ave (SE 1st St To Federal Hwy) $ 4,896.00 27 Old Dixie Hwy (SE 36th Ave To Federal Hwy) $ 5,023.50 Summary Total: $ 175,685.91 23 East Gateway Blvd (Congress Ave To Federal Hwy)(Include NE 1st Court Stub) $ 131,344.92 8 Palm Land And North Charter Dr (North Charter Drive - From Congress Up One Block $ 5,772.60 Only To Beginning Of Summit - Then Turn Right And Do All Of Palm Land, Not Including HOA Roadway) 9 NE 3rd St (Boynton Beach Blvd to NE 9th Ave) $ 3,950.87 10 SW 30th Ave (Congress Ave To South Tech School Entrance) $ 1,886.40 11 SW 8th St (Boynton Beach Blvd To Woolbright Ave) $ 36,136.50 28 SE 36th Ave - Northside Only (Seacrest To Tracks) - Tracks To Federal Hwy - All $ 9,298.80 Industrial Ave New Layout & Restripe $ 11,586.60 Page 141 of 452 July 14, 2017 For: City of Boynton Beach Striping `.gym, ,i COUNTY PAVEMENT MANAGEMENTSOLUTIONS Project: Boynton Beach Thermo Location: Railroad Ave (Boynton Beach Blvd To NE 10th Ave) Sheets: Google Earth I Plan Date: N/A *Pricing as per City of West Palm Beach Piggy Back Unit Unit Price Total LS Striping - Thermo Type Qty Item No. LS $ 1,500.00 1 Mobilization General 1 2 Maintenance of Traffic General 1 69 24" Solid White Thermo 187 61 6" Solid White Thermo 4,982 63 6" Solid Yellow Thermo 3,666 70 Arrow - 8' High Thermo 2 71 Stencil - "RR" at Railroad Crossings Thermo 2 71 Stencil - "SCHOOL" - 8' High Thermo 6 78 RPM - Y/Y (Remove & Replace) Thermo 128 *Pricing as per City of West Palm Beach Piggy Back Unit Unit Price Total LS $ 598.06 $ 1,500.00 LS $ 1,500.00 $ 598.06 LF $ 3.30 $ 617.10 LF $ 0.88 $ 4,384.16 LF $ 0.88 $ 3,226.08 EA $ 99.00 $ 198.00 EA $ 121.00 $ 242.00 EA $ 121.00 $ 726.00 EA $ 4.40 $ 563.20 Thermo Total: $ 12,054.60 Page 142 of 452 July 14, 2017 For: City of Boynton Beach COUNTY Striping PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: SW 35th Ave (Congress To Park Entrance) Sheets: Google Earth I Plan Date: N/A Striping - Thermo Type Qty Unit Unit Price Total Item No. 1 Mobilization General 1 LS $ 56.32 $ 56.32 2 Maintenance of Traffic General 1 LS $ 200.00 $ 200.00 69 24" Solid White Thermo 14 LF $ 3.30 $ 46.20 63 6" Solid Yellow Thermo 2,386 LF $ 0.88 $ 2,099.68 78 RPM - Y/Y (Remove & Replace) Thermo 64 EA $ 4.40 $ 281.60 Thermo Total: $ 2,683.80 *Pricing as per City of West Palm Beach Piggy Back Page 143 of 452 July 14, 2017 For: City of Boynton Beach Striping COUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: NW 7th Court ( Boynton Beach Blvd To NW 13th Ave) Sheets: Google Earth I Plan Date: N/A Striping - Thermo Type Qty Item No. 192.22 LS 1 Mobilization General 1 2 Maintenance of Traffic General 1 69 24" Solid White Thermo 84 66 12" White Thermo 78 61 6" Solid White Thermo 116 63 6" Solid Yellow Thermo 100 70 Arrows - 1 Part Thermo 1 71 Stencil - "ONLY" Thermo 1 78 RPM - Y/Y (Remove & Replace) Thermo 4 *Pricing as per City of West Palm Beach Piggy Back Unit Unit Price Total LS $ 192.22 $ 192.22 LS $ 275.00 $ 275.00 LF $ 3.30 $ 277.20 LF $ 1.65 $ 128.70 LF $ 0.88 $ 102.08 LF $ 0.88 $ 88.00 EA $ 99.00 $ 99.00 EA $ 121.00 $ 121.00 EA $ 4.40 $ 17.60 Thermo Total: $ 1,300.80 Page 144 of 452 July 14, 2017 For: City of Boynton Beach Striping CWOUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: NW 7th Street ( Boynton Beach Blvd To SW 13th Ave) Sheets: Google Earth I Plan Date: N/A *Pricing as per City of West Palm Beach Piggy Back Unit Unit Price Total LS Striping - Thermo Type Qty Item No. LS $ 275.00 1 Mobilization General 1 2 Maintenance of Traffic General 1 69 24" Solid White Thermo 58 66 12" White Thermo 98 61 6" Solid White Thermo 126 63 6" Solid Yellow Thermo 104 70 Arrows - 1 Part Thermo 1 71 Stencil - "ONLY" Thermo 1 78 RPM - Y/Y (Remove & Replace) Thermo 4 *Pricing as per City of West Palm Beach Piggy Back Unit Unit Price Total LS $ 164.90 $ 164.90 LS $ 275.00 $ 275.00 LF $ 3.30 $ 191.40 LF $ 1.65 $ 161.70 LF $ 0.88 $ 110.88 LF $ 0.88 $ 91.52 EA $ 99.00 $ 99.00 EA $ 121.00 $ 121.00 EA $ 4.40 $ 17.60 Thermo Total: $ 1,233.00 Page 145 of 452 July 14, 2017 For: City of Boynton Beach Striping CWOUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: NW & SW 7th Street ( Boynton Beach Blvd To SW 4th Ave) Sheets: Google Earth I Plan Date: N/A *Pricing as per City of West Palm Beach Piggy Back Unit Unit Price Total LS Striping - Thermo Type Qty Item No. LS $ 250.00 1 Mobilization General 1 2 Maintenance of Traffic General 1 69 24" Solid White Thermo 37 66 12" White Thermo 90 61 6" Solid White Thermo 112 63 6" Solid Yellow Thermo 100 70 Arrows - 1 Part Thermo 1 71 Stencil - "ONLY" Thermo 1 78 RPM - Y/Y (Remove & Replace) Thermo 4 *Pricing as per City of West Palm Beach Piggy Back Unit Unit Price Total LS $ 134.64 $ 134.64 LS $ 250.00 $ 250.00 LF $ 3.30 $ 122.10 LF $ 1.65 $ 148.50 LF $ 0.88 $ 98.56 LF $ 0.88 $ 88.00 EA $ 99.00 $ 99.00 EA $ 121.00 $ 121.00 EA $ 4.40 $ 17.60 Thermo Total: $ 1,079.40 Page 146 of 452 July 14, 2017 For: City of Boynton Beach Striping CWOUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: SW 25th Place (Approach To Congress Only) Sheets: Google Earth Plan Date: N/A *Pricing as per City of West Palm Beach Piggy Back Unit Unit Price Total LS Striping - Thermo Type Qty Item No. LS $ 64.04 1 Mobilization General 1 2 Maintenance of Traffic General 1 69 24" Solid White Thermo 21 68 18" Yellow Thermo 5 63 6" Solid Yellow Thermo 47 78 RPM - Y/Y (Remove & Replace) Thermo 15 *Pricing as per City of West Palm Beach Piggy Back Unit Unit Price Total LS $ 34.00 $ 34.00 LS $ 64.04 $ 64.04 LF $ 3.30 $ 69.30 LF $ 2.20 $ 11.00 LF $ 0.88 $ 41.36 EA $ 4.40 $ 66.00 Thermo Total: $ 285.70 Page 147 of 452 July 14, 2017 For: City of Boynton Beach Striping COUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: SW 27th Ave (Approach To Congress Only) Sheets: Google Earth Plan Date: N/A *Pricing as per City of West Palm Beach Piggy Back Page 148 of 452 Striping - Thermo Type Qty Unit Unit Price Total Item No. 1 Mobilization General 1 LS $ 40.72 $ 40.72 2 Maintenance of Traffic General 1 LS $ 80.00 $ 80.00 69 24" Solid White Thermo 20 LF $ 3.30 $ 66.00 68 18" Yellow Thermo 13 LF $ 2.20 $ 28.60 63 6" Solid Yellow Thermo 86 LF $ 0.88 $ 75.68 78 RPM - Y/Y (Remove & Replace) Thermo 21 EA $ 4.40 $ 92.40 Thermo Total: $ 383.40 *Pricing as per City of West Palm Beach Piggy Back Page 148 of 452 July 14, 2017 For: City of Boynton Beach Striping COUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Sheets: Google Earth Plan Date: N/A $ 14,396.40 Page 149 of 452 Striping - Thermo Type Qty Unit Unit Price Total Item No. 1 Mobilization General 1 LS $ 677.28 $ 677.28 2 Maintenance of Traffic General 1 LS $ 1,400.00 $ 1,400.00 69 24" Solid White Thermo 74 LF $ 3.30 $ 244.20 66 12" White Thermo 348 LF $ 1.65 $ 574.20 61 6" Solid White Thermo 4,377 LF $ 0.88 $ 3,851.76 63 6" Solid Yellow Thermo 2,643 LF $ 0.88 $ 2,325.84 62 6" - 6/10 Skip - White Thermo 174 LF $ 0.88 $ 153.12 62 6" - 10/30 Skip - White Thermo 640 LF $ 0.88 $ 563.20 70 Arrows - 1 Part Thermo 31 EA $ 99.00 $ 3,069.00 71 Stencil - "ONLY" Thermo 3 EA $ 121.00 $ 363.00 78 RPM - Y/Y (Remove & Replace) Thermo 106 EA $ 4.40 $ 466.40 78 RPM - W/R (Remove & Replace) Thermo 161 EA $ 4.40 $ 708.40 Thermo Total: *Pricing as per City of West Palm Beach Piggy Back $ 14,396.40 Page 149 of 452 July 14, 2017 For: City of Boynton Beach Striping CWOUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: NW 31st Terrace (Collins Lane) (Boynton Beach Blvd To Congress Ave) Sheets: Google Earth Plan Date: N/A *Pricing as per City of West Palm Beach Piggy Back Unit Unit Price Total LS Striping - Thermo Type Qty Item No. LS $ 750.00 1 Mobilization General 1 2 Maintenance of Traffic General 1 69 24" Solid White Thermo 51 68 18" Yellow Thermo 169 66 12" White Thermo 124 61 6" Solid White Thermo 60 63 6" Solid Yellow Thermo 2,364 70 Arrows - 1 Part Thermo 1 78 RPM - Y/Y (Remove & Replace) Thermo 179 *Pricing as per City of West Palm Beach Piggy Back Unit Unit Price Total LS $ 301.78 $ 301.78 LS $ 750.00 $ 750.00 LF $ 3.30 $ 168.30 LF $ 2.20 $ 371.80 LF $ 1.65 $ 204.60 LF $ 0.88 $ 52.80 LF $ 0.88 $ 2,080.32 EA $ 99.00 $ 99.00 EA $ 4.40 $ 787.60 Thermo Total: $ 4,816.20 Page 150 of 452 July 14, 2017 Location: NW Commerce Rd (High Ridge To Tri -Rail Entrance) Sheets: Google Earth Plan Date: N/A *Pricing as per City of West Palm Beach Piggy Back Thermo Total: $ 4,907.21 Page 151 of 452 Type Qty Unit Unit Price Total Striping - Thermo (With New Lay -out) Item No. 1 Mobilization General 1 LS $ 750.00 $ 750.00 2 Maintenance of Traffic General 1 LS $ 938.72 $ 938.72 69 24" Solid White Thermo 38 LF $ 3.30 $ 125.40 68 18" Yellow Thermo 50 LF $ 2.20 $ 110.00 66 12" White Thermo 193 LF $ 1.65 $ 318.45 61 6" Solid White Thermo 250 LF $ 0.88 $ 220.00 63 6" Solid Yellow Thermo 1,236 LF $ 0.88 $ 1,087.68 62 6" - 6/10 Skip - White Thermo 24 LF $ 0.88 $ 21.12 64 6" - 6/10 Skip - Yellow Thermo 48 LF $ 0.88 $ 42.24 70 Arrows - 1 Part Thermo 5 EA $ 99.00 $ 495.00 71 Stencil - "ONLY" Thermo 3 EA $ 121.00 $ 363.00 78 RPM - Y/Y (Remove & Replace) Thermo 86 EA $ 4.40 $ 378.40 78 RPM - W/R (Remove & Replace) Thermo 13 EA $ 4.40 $ 57.20 *Pricing as per City of West Palm Beach Piggy Back Thermo Total: $ 4,907.21 Page 151 of 452 July 14, 2017 For: City of Boynton Beach Striping CWOUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: High Ridge Rd (Curve - South End North To Miner d) Sheets: Google Earth Plan Date: N/A $ 15,763.80 Page 152 of 452 Striping - Thermo Type Qty Unit Unit Price Total Item No. 1 Mobilization General 1 LS $ 404.82 $ 404.82 2 Maintenance of Traffic General 1 LS $ 1,200.00 $ 1,200.00 68 18" Yellow Thermo 20 LF $ 2.20 $ 44.00 66 12" White Thermo 110 LF $ 1.65 $ 181.50 61 6" Solid White Thermo 6,094 LF $ 0.88 $ 5,362.72 63 6" Solid Yellow Thermo 5,000 LF $ 0.88 $ 4,400.00 62 6" - 6/10 Skip - White Thermo 294 LF $ 0.88 $ 258.72 64 6" - 6/10 Skip - Yellow Thermo 108 LF $ 0.88 $ 95.04 62 6" - 10/30 Skip - White Thermo 490 LF $ 0.88 $ 431.20 70 Arrows - 1 Part Thermo 19 EA $ 99.00 $ 1,881.00 71 Stencil - "MERGE" Thermo 2 EA $ 121.00 $ 242.00 78 RPM - Y/Y (Remove & Replace) Thermo 177 EA $ 4.40 $ 778.80 78 RPM - W/R (Remove & Replace) Thermo 110 EA $ 4.40 $ 484.00 Thermo Total: *Pricing as per City of West Palm Beach Piggy Back $ 15,763.80 Page 152 of 452 July 14, 2017 For: City of Boynton Beach Striping CWOUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: Park Ridge Blvd (From Curve At High Ridge To High School Entrance) Sheets: Google Earth I Plan Date: N/A Striping - Thermo Type Qty Unit Unit Price Total Item No. 1 Mobilization General 1 LS $ 40.00 $ 40.00 2 Maintenance of Traffic General 1 LS $ 44.20 $ 44.20 61 6" Solid White Thermo 3,959 LF $ 0.88 $ 3,483.92 63 6" Solid Yellow Thermo 21843 LF $ 0.88 $ 2,501.84 62 6" - 6/10 Skip - White Thermo 108 LF $ 0.88 $ 95.04 62 6" - 10/30 Skip - White Thermo 900 LF $ 0.88 $ 792.00 70 Arrows - 1 Part Thermo 8 EA $ 99.00 $ 792.00 Thermo Total: $ 7,749.00 *Pricing as per City of West Palm Beach Piggy Back Page 153 of 452 July 14, 2017 For: City of Boynton Beach Striping Project: Boynton Beach Thermo Location: Quantum Blvd (Congress To Gateway) CWOUNTY PAVEMENT MANAGEMENT SOLUTIONS Sheets: Google Earth Plan Date: N/A $ 39,747.90 Page 154 of 452 Striping - Thermo Type Qty Unit Unit Price Total Item No. 1 Mobilization General 1 LS $ 2,600.00 $ 2,600.00 2 Maintenance of Traffic General 1 LS $ 3,380.21 $ 3,380.21 69 24" Solid White Thermo 218 LF $ 3.30 $ 719.40 67 18" White Thermo 136 LF $ 2.20 $ 299.20 68 18" Yellow Thermo 446 LF $ 2.20 $ 981.20 66 12" White Thermo 717 LF $ 1.65 $ 1,183.05 61 6" Solid White Thermo 13,127 LF $ 0.88 $ 11,551.76 63 6" Solid Yellow Thermo 12,442 LF $ 0.88 $ 10,948.96 62 6" - 2/4 Skip - White Thermo 104 LF $ 0.88 $ 91.52 62 6" - 6/10 Skip - White Thermo 180 LF $ 0.88 $ 158.40 62 6" - 10/30 Skip - White Thermo 1,810 LF $ 0.88 $ 1,592.80 70 Arrows - 1 Part Thermo 19 EA $ 99.00 $ 1,881.00 71 Stencil - "ONLY" Thermo 1 EA $ 121.00 $ 121.00 71 Stencil - "MERGE" Thermo 3 EA $ 121.00 $ 363.00 78 RPM - Y/Y (Remove & Replace) Thermo 784 EA $ 4.40 $ 3,449.60 78 RPM - W/R (Remove & Replace) Thermo 97 EA $ 4.40 $ 426.80 Thermo Total: *Pricing as per City of West Palm Beach Piggy Back $ 39,747.90 Page 154 of 452 July 14, 2017 For: City of Boynton Beach Striping CWOUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: Citrus Park Blvd (Lawrence Rd East To Crosswalk - Not Including Crosswalk) Sheets: Google Earth Plan Date: N/A $ 3,136.80 Page 155 of 452 Striping - Thermo Type Qty Unit Unit Price Total Item No. 1 Mobilization General 1 LS $ 434.19 $ 434.19 2 Maintenance of Traffic General 1 LS $ 750.00 $ 750.00 69 24" Solid White Thermo 22 LF $ 3.30 $ 72.60 66 12" White Thermo 373 LF $ 1.65 $ 615.45 61 6" Solid White Thermo 106 LF $ 0.88 $ 93.28 63 6" Solid Yellow Thermo 396 LF $ 0.88 $ 348.48 70 Arrows - 1 Part Thermo 3 EA $ 99.00 $ 297.00 71 Stencil - "MERGE" Thermo 3 EA $ 121.00 $ 363.00 78 RPM - Y/Y (Remove & Replace) Thermo 31 EA $ 4.40 $ 136.40 78 RPM - W/R (Remove & Replace) Thermo 6 EA $ 4.40 $ 26.40 Thermo Total: *Pricing as per City of West Palm Beach Piggy Back $ 3,136.80 Page 155 of 452 July 14, 2017 For: City of Boynton Beach Striping CWOUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: Sandalwood Court (Congress Ave To Miner d) Sheets: Google Earth Plan Date: N/A $ 11,070.00 Page 156 of 452 Striping - Thermo Type Qty Unit Unit Price Total Item No. 1 Mobilization General 1 LS $ 652.58 $ 652.58 2 Maintenance of Traffic General 1 LS $ 900.00 $ 900.00 69 24" Solid White Thermo 55 LF $ 3.30 $ 181.50 68 18" Yellow Thermo 160 LF $ 2.20 $ 352.00 61 6" Solid White Thermo 584 LF $ 0.88 $ 513.92 63 6" Solid Yellow Thermo 5,946 LF $ 0.88 $ 5,232.48 62 6" - 6/10 Skip - White Thermo 210 LF $ 0.88 $ 184.80 64 6" - 6/10 Skip - Yellow Thermo 384 LF $ 0.88 $ 337.92 70 Arrows - 1 Part Thermo 10 EA $ 99.00 $ 990.00 78 RPM - Y/Y (Remove & Replace) Thermo 357 EA $ 4.40 $ 1,570.80 78 RPM - W/R (Remove & Replace) Thermo 35 EA $ 4.40 $ 154.00 Thermo Total: *Pricing as per City of West Palm Beach Piggy Back $ 11,070.00 Page 156 of 452 July 14, 2017 For: City of Boynton Beach Striping CWOUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: Meadows Blvd (North Entrance - Entrance Only) Sheets: Google Earth Plan Date: N/A Page 157 of 452 Striping - Thermo Type Qty Unit Unit Price Total Item No. 1 Mobilization General 1 LS $ 113.47 $ 113.47 2 Maintenance of Traffic General 1 LS $ 150.00 $ 150.00 69 24" Solid White Thermo 21 LF $ 3.30 $ 69.30 66 12" White Thermo 163 LF $ 1.65 $ 268.95 61 6" Solid White Thermo 132 LF $ 0.88 $ 116.16 63 6" Solid Yellow Thermo 654 LF $ 0.88 $ 575.52 62 6" - 10/30 Skip - White Thermo 80 LF $ 0.88 $ 70.40 70 Arrows - 1 Part Thermo 2 EA $ 99.00 $ 198.00 Thermo Total: $ 1,561.80 *Pricing as per City of West Palm Beach Piggy Back Page 157 of 452 July 14, 2017 For: City of Boynton Beach Striping CWOUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: Meadows Blvd (South Entrance - Entrance Only) Sheets: Google Earth Plan Date: N/A Page 158 of 452 Striping - Thermo Type Qty Unit Unit Price Total Item No. 1 Mobilization General 1 LS $ 23.04 $ 23.04 2 Maintenance of Traffic General 1 LS $ 25.00 $ 25.00 69 24" Solid White Thermo 24 LF $ 3.30 $ 79.20 61 6" Solid White Thermo 78 LF $ 0.88 $ 68.64 63 6" Solid Yellow Thermo 234 LF $ 0.88 $ 205.92 62 6" - 10/30 Skip - White Thermo 20 LF $ 0.88 $ 17.60 70 Arrows - 1 Part Thermo 1 EA $ 99.00 $ 99.00 Thermo Total: $ 518.40 *Pricing as per City of West Palm Beach Piggy Back Page 158 of 452 July 14, 2017 For: City of Boynton Beach Striping COUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Sheets: Google Earth Plan Date: N/A $ 25,268.10 Page 159 of 452 Striping - Thermo Type Qty Unit Unit Price Total Item No. 1 Mobilization General 1 LS $ 976.52 $ 976.52 2 Maintenance of Traffic General 1 LS $ 1,700.00 $ 1,700.00 69 24" Solid White Thermo 89 LF $ 3.30 $ 293.70 68 18" Yellow Thermo 402 LF $ 2.20 $ 884.40 66 12" White Thermo 176 LF $ 1.65 $ 290.40 61 6" Solid White Thermo 9,617 LF $ 0.88 $ 8,462.96 63 6" Solid Yellow Thermo 10,300 LF $ 0.88 $ 9,064.00 62 6" - 6/10 Skip - White Thermo 102 LF $ 0.88 $ 89.76 64 6" - 6/10 Skip - Yellow Thermo 162 LF $ 0.88 $ 142.56 62 6" - 10/30 Skip - White Thermo 220 LF $ 0.88 $ 193.60 70 Arrows - 1 Part Thermo 11 EA $ 99.00 $ 1,089.00 78 RPM - Y/Y (Remove & Replace) Thermo 442 EA $ 4.40 $ 1,944.80 78 RPM - W/R (Remove & Replace) Thermo 31 EA $ 4.40 $ 136.40 Thermo Total: *Pricing as per City of West Palm Beach Piggy Back $ 25,268.10 Page 159 of 452 July 14, 2017 For: City of Boynton Beach Striping CWOUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: Martin Luther King Jr Blvd ( NW 5th St To Fedreal Hwy) Sheets: Google Earth Plan Date: N/A $ 11,290.80 Page 160 of 452 Striping - Thermo Type Qty Unit Unit Price Total Item No. 1 Mobilization General 1 LS $ 489.45 $ 489.45 2 Maintenance of Traffic General 1 LS $ 650.00 $ 650.00 69 24" Solid White Thermo 204 LF $ 3.30 $ 673.20 67 18" Yellow Thermo 31 LF $ 2.20 $ 68.20 66 12" White Thermo 291 LF $ 1.65 $ 480.15 61 6" Solid White Thermo 542 LF $ 0.88 $ 476.96 63 6" Solid Yellow Thermo 8,628 LF $ 0.88 $ 7,592.64 70 Arrows - 1 Part Thermo 3 EA $ 99.00 $ 297.00 70 Arrows - 2 Part Thermo 2 EA $ 99.00 $ 198.00 71 Stencil - "RR" at Railroad Crossings Thermo 2 EA $ 121.00 $ 242.00 78 RPM - Y/Y (Remove & Replace) Thermo 28 EA $ 4.40 $ 123.20 Thermo Total: *Pricing as per City of West Palm Beach Piggy Back $ 11,290.80 Page 160 of 452 July 14, 2017 For: City of Boynton Beach Striping Project: Boynton Beach Thermo Location: East Ocean Ave (Seacrest To Federal) CWOUNTY PAVEMENT MANAGEMENT SOLUTIONS Sheets: Google Earth Plan Date: N/A *Pricing as per City of West Palm Beach Piggy Back Unit Unit Price Total LS Striping - Thermo Type Qty Item No. LS $ 750.00 1 Mobilization General 1 2 Maintenance of Traffic General 1 69 24" Solid White Thermo 284 66 12" White Thermo 439 61 6" Solid White Thermo 329 63 6" Solid Yellow Thermo 3,214 70 Arrows - 1 Part Thermo 2 71 Stencil - "RR" at Railroad Crossings Thermo 2 *Pricing as per City of West Palm Beach Piggy Back Unit Unit Price Total LS $ 549.91 $ 549.91 LS $ 750.00 $ 750.00 LF $ 3.30 $ 937.20 LF $ 1.65 $ 724.35 LF $ 0.88 $ 289.52 LF $ 0.88 $ 2,828.32 EA $ 99.00 $ 198.00 EA $ 121.00 $ 242.00 Thermo Total: $ 6,519.30 Page 161 of 452 July 14, 2017 For: City of Boynton Beach Striping CWOUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: SE 12th Ave (SE 1st St To Federal Hwy) Sheets: Google Earth I Plan Date: N/A Striping - Thermo Type Qty Unit Unit Price Total Item No. 1 Mobilization General 1 LS $ 539.03 $ 539.03 2 Maintenance of Traffic General 1 LS $ 900.00 $ 900.00 69 24" Solid White Thermo 251 LF $ 3.30 $ 828.30 66 12" White Thermo 487 LF $ 1.65 $ 803.55 63 6" Solid Yellow Thermo 1,324 LF $ 0.88 $ 1,165.12 71 Stencil - "RR" at Railroad Crossings Thermo 4 EA $ 121.00 $ 484.00 78 RPM - Y/Y (Remove & Replace) Thermo 40 EA $ 4.40 $ 176.00 Thermo Total: $ 4,896.00 *Pricing as per City of West Palm Beach Piggy Back Page 162 of 452 July 14, 2017 For: City of Boynton Beach Striping CWOUNTY PAVEMENT MANAGEMENT SOLUTIONS Project: Boynton Beach Thermo Location: Old Dixie Hwy (SE 36th Ave To Federal Hwy) Sheets: Google Earth Plan Date: N/A *Pricing as per City of West Palm Beach Piggy Back Unit Unit Price Total LS Striping - Thermo Type Qty Item No. LS $ 400.00 1 Mobilization General 1 2 Maintenance of Traffic General 1 69 24" Solid White Thermo 46 66 12" White Thermo 67 61 6" Solid White Thermo 105 63 6" Solid Yellow Thermo 2,744 62 6" - 10/30 Skip - White Thermo 1,000 70 Arrows - 1 Part Thermo 1 71 Stencil - "ONLY" Thermo 1 78 RPM - Y/Y (Remove & Replace) Thermo 100 *Pricing as per City of West Palm Beach Piggy Back Unit Unit Price Total LS $ 314.03 $ 314.03 LS $ 400.00 $ 400.00 LF $ 3.30 $ 151.80 LF $ 1.65 $ 110.55 LF $ 0.88 $ 92.40 LF $ 0.88 $ 2,414.72 LF $ 0.88 $ 880.00 EA $ 99.00 $ 99.00 EA $ 121.00 $ 121.00 EA $ 4.40 $ 440.00 Thermo Total: $ 5,023.50 Page 163 of 452 & 12 10 MEMO eaelw E ST PALM BEACH City Attorney Transmitted herewith for your signature are original documents which have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk's Office. To: Office of the City Clerk The Mayor is authorized to execute the document in accordance with: Y Procurement Code. Commission Approval, Resolution No, City Charter Please take the actions indicated below with respect to these documents: • Attest to, the execution of the Agreement by the Mayor. • Insert the date of execution beneath the Mayor's signature (if not already dated). Estimated Record Retention Review: (5 years from estimated completion and final payment; service and general contracts) X December 2030 (10 years from estimated completion and final payment for construction & CCNA contracts). Please retain one original as a public record and forward the other original to: Lem Page 164 of 452 City! of West ftb�\ B�each \0 � . . � E N ® � L ROADWAY % \.D MISCELLANEOUS CONSTRUCTION CITY'OF WESTPALM _».«_ PUBLICWORKS DEPARTMENT A DANG, w SENIOR PROJECT EN�GINEER 401 \_\«3IS STREET, 4 AFL+«f WEST .¢ BEACH, <§:f- 561)49±-10.0 Page 165 0 452 092415 City of West Par m (Beacfi CONSTRUCTION CONTRACT Work Orders Bid No. 1415-134 Project: General Roadway and Miscellaneous Construction Contract No. 16393 THIS CONTRACT is made and entered into by and between the CITY OF WEST PALM BEACH, a municipal corporation of the State of Florida whose address is 401 Clematis Street, West Palm Beach, Florida 33401 (the "Owner') and M&M ASPHALT MAINTENANCE, INC., d/b/a ALL COUNTY PAVING, a corporation of the State of Florida, whose principal address is 1180 SW 1 OTH Street, Delray Beach, Florida 33444 ("Contractor). WHEREAS, the Owner caused to be prepared specification, drawings and other contract documents for certain work and issued an Invitation to Bid for the above-described project, which is incorporated into this Contract by this reference; and WHEREAS, the Contractor submitted its Bid in response; and WHEREAS, the Owner determined that the Contractor's Bid represents the best value to Owner and wishes to contract with Contractor under the terms and conditions contained in the Invitation to Bid; NOW THEREFORE, in consideration of the promises and mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the Owner and Contractor understand and agree as follows: 1.1 If issued a Work Order, the Contractor shall furnish all necessary labor, materials, equipment and supplies, and shall execute and complete, to the satisfaction of Owner and in accordance with the terms and conditions of this Contract all work described and shown in the applicable Work Order for small roadway and miscellaneous construction projects, in accordance with the technical specifications and drawings specified for such Work Order. 1.2 Owner will issue Work Orders on an as -needed basis. Each Work Order will be on Owner's form and detail the specific project scope of work, project schedule for completion and compensation. All terms and conditions of this Contract, the General Conditions and the Contract Documents will be applicable to each Work Order. 1.3 No work is authorized until a work order is fully executed by the Owner. Any amendment to a work order is not effective and not authorized until such amendment is fully executed by the Owner. 1.4 A comprehensive project shall not be broken into small related segments/projects in order to fall within the limitations of this Contract. Contractor shall not execute any such Work Order. 1.5 Work Orders shall be completed within the time indicated for each Work Order. Time is of the essence of each Work Order. Contractor shall proceed with the work and shall conform to the schedule for each Work Order. Work shall commence on the date indicated in the Notice to Proceed issued by Owner and be substantially complete and then fully complete in accordance with the Work Page 166 of 452 092415 Order schedule and the General Conditions, with such extensions of time as are provided in the General Conditions. 1,6 No Work Order may be issued for work to be completed after the expiration of this Contract. The form of Owner's Work Order is attached to this Contract. 1.7 No work order(s) or minimum amount of work or compensation is guaranteed under this Contract. 2. PRICES, Contractor shall perform the work for the prices set forth on Contractor's Bid. If specific circumstances require additional work of materials not listed in Exhibit B, the parties shall negotiate a price which shall be detailed in the Work Order. 1 PAYMENT AND INVOICES. Payment for Work Orders shall be made in accordance with the General Conditions of this Contract. Contractor acknowledges that if a construction bond is required, payments under Work Order(s) shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated insurance documents (when applicable). 4.1 Term of Contract. Subject to the termination rights of the Owner, this Contract shall have a term of three (3) years, commencing as of the date of execution by the Owner. The Owner shall execute this Contract last, 4.2 Renewal. At the sole option of the Owner, this Contract may be renewed for up to two additional twelve (12) month periods. Contract renewal will only be effective upon a written contract amendment executed by both parties. Renewal terms and conditions for this Contract shall be unchanged. 5. LIQUIDATED DAMAGES. The actual damages Owner and the public may suffer as a result of the failure to complete work under a Work Order within the scheduled time are not ascertainable at the time of this Contract. If said work under any Work Order is not substantially and then fully completed within the time established by the Work Order and the General Conditions, as may be adjusted, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, a sum per calendar day for each and every day or part of a day thereafter that said work remains incomplete. Unless a Work Order specified otherwise, Contractor shall pay to Owner the sum of Two Hundred Dollars ($200) per calendar day as liquidated damages. 6. CONSTRUCTION BOND(S). If the estimated amount of any Work Order is $200,000 or more, then prior to the commencement of the work under such Work Order, Contractor shall record a public construction bond, in an amount not less than the total cost of such Work Order, on Owner approved forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond(s) prior to commencing work and submittal of first invoice, in accordance with the General Conditions. The City shall be an obligee under such bond(s). The bond shall incorporate by reference the terms of the Contract Documents in their entirety. 7, SPECIAL TERMS. Page 167 of 452 092415 8.1 Compliance, Article IX of Chapter 66 of the City of West Palm Beach Code of Ordinances relating to the Small Business Program is incorporated in this Contract by this reference. The Contractor agrees to comply in all respects with its commitment to use the certified small businesses identified in Contractor's Bid in the manner and proportions set forth in the Bid. In the event that it is impossible or impracticable to engage or procure materials from one or more of the identified certified small businesses, the Contractor shall so notify the City's Small Business Division promptly in writing and shall thereafter ensure that that firm or firms are duly replaced by other certified small businesses unless written approval to the contrary is granted by the City. 8.2 Records, The Contractor agrees to maintain in an orderly fashion all relevant records and information that document its compliance with the Small Business Program and the utilization of and payment to certified small businesses under this Contract; and shall make said records available to the City for inspection during reasonable business hours. Copies of all contracts between the Contractor and firms engaged by it in connection herewith shall be submitted to the City upon the City's request. 9. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by Owner, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor deems both his inspection of the site and review of information furnished by Owner to be an adequate investigation. Contractor represents that the plans and specifications are consistent, practical, feasible and constructible within the scheduled construction time. Contractor affirmatively covenants that Contractor has observed no defects or discrepancies in the plans, specifications or site and that if during construction any discrepancies, defects, etc., are discovered by or made known to Contractor, Contractor shall immediately communicate same to the Owner. 10ETHICS. Contractor acknowledges, agrees and commits that it shall comply with all applicable state and city rules and regulations. 11. CONTRACT DOCUMENTS. Contractor agrees, to complete all work in accordance with the Contract Documents. The term "Contract" and or "Contract Documents" shall include all the terms and conditions and Project requirements contained in this Contract and the following documents, all of which taken together are incorporated herein and form the Contract Documents. For convenience sake, some of the documents may not be attached to this Contract, but the listed documents make up the Contract Documents, whether or not they are attached. a. Each Work Order and all associated Documents b. Special Terms C. Contractor's Bid d. Schedule of Bid items e. Substitution Sheet f. Schedule of Subcontractors 9. Contractor License Verification Form h. Affidavit of Prime Bidder Page 168 of 452 092415 i. Drug Free Certification j. Trench Safety Compliance Form, k. Small Business — Subcontractors Listing 1. Small Business — Statement of Small Business Participation M. Small Business — Letter of Intent n. Contractor's Material Suppliers 0. Public Construction Bond and Related Power of Attorney and Surety Certificate p- Insurance Certificates q. General Conditions r. Technical Specifications and Drawings S. Invitation to Bid This Contract shall be executed in two (2) original sets by Owner and Contractor. The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. IN WITNESS WHEREOF, the parties execute this Contract through their duly authorized representatives. By: City derk CITY ATTORNEY'S OFFICE Approved s form and legality By:(�� By: X� ©rate Secretary Print Name: a9 M&M ASP"ALT MAINTENANCE, INC d/b/a ALL•%� PAVING % Print Name: kmA Title, AeIV I Page 169 of 452 XU=V! *^B �* mms ATITIMMMUSM Contractor: M&M Asphalt Maintenance, Inc., d/b/a All County Paving Project / Work Title: 1. Work: A detailed scope of work to be performed under this Work Order is attached as Exhibit A. (check if applicable) Technical specifications and drawings for the Project prepared by dated , project number (the "Contract Drawings") describe the work and are Contract Documents for this Work Order. 2. Schedule: Time is of the essence of this Work Order. The Contractor shall commence Work under this Work Order on the date indicated in the Notice to Proceed and fully complete said Work in accordance with Exhibit Substantial Completion shall be: days from Notice to Proceed. 3. Work Order Price. The total amount to be paid to the Contractor by the Owner under this Work Order shall not exceed the sum of subject only to adjustment as provided in the General Conditions. Payments shall be made in accordance with the General Conditions. Contractor acknowledges that if a construction bond is required, final payment under this Work Order shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated insurance documents, 0 (check if applicable) A detailed schedule of values is attached as Exhibit 11 (check if applicable) Contingency, Owner and Contractor agree the project budget shall include an Owner's contingency, which shall be utilized in accordance with the General Conditions, sum in the amount of $ 4. Liquidated, Damages. In accordance with the Contract Documents, Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages for each and every calendar day or part of a day that the work remains incomplete, the sum of ($_.00) per calendar day. Page 170 of 452 5. Construction Bond. Unless indicated below, Contractor will record the required public construction bond, on Owner forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond prior to commencing work under this Work Order and submittal of first invoice. [I (check if applicable) Construction bond not required and Work Order Price is less than $200,000, 6, Special Terms. 7. Warranty. Contractor agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project (or if no certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. 8. Small Business: The small business commitment for this Work Order is %. Contractor agrees to maintain in an orderly fashion all relevant records and information that evidence compliance with the Small Business program, including the utilization of, and payment to, certified small businesses under this Contract. 9. Insurance: Contractor hereby confirms that it maintains the insurance coverages required under the Contract and that certificates of insurance evidencing current policies are on file with the Owner as of the date of this Work Order. 10. Contract Reference: This Work Order shall be performed under the terms and conditions described within the master contract titled Master Contract for General Roadway and Miscellaneous Construction, dated I by and between the Owner of West Palm Beach and the Contractor named above ("Contract"). 11. Contract Documents. Contractor agrees to complete all work in accordance with the Contract Documents. The following documents are Contract Documents with respect to this Work Order, regardless of whether they are attached: ❑ Technical Specifications and Construction Drawings and specifications identified above. Scope of Work ❑ Contractor's Bid and Schedule of Values ❑ Construction Schedule Special Terms Grant Requirements Substitution Sheet Contractor's material Suppliers List Schedule of Subcontractors — including suppliers Trench Safety Compliance Form K Page 171 of 452 El Small Business — Statement of Small Business Participation El The following Contract Documents may be found at www.,ci!ypfwpb.org/enginee[tng/. Owner's Approved Materials List Owner's Engineering Standard Details CONTRACTOR- CITY OF WEST PALM BEACH M&M ASPHALT MAINTENANCE, INC. d/b/a ALL COUNTY PAVING By: Geraldine MuoiiY, � ayor Print Name: Date: IVIZV20 City Clerk 9 Page 172 of 452 ITB Rev. 4-08 aSECTION 2 — SPECIAL TERMS Pre -Bid Conference A pre-bid conference is scheduled to provide potential bidders the opportunity to ask questions and receive clarification concerning the project and to emphasize safety factors, hazards, or potential interference of other projects. If a pre-bid conference is scheduled, attendance is strongly encouraged. If a site inspection is scheduled it will be the only opportunity to inspect the site and attendance is recommended as no individual appointments will be made. Date: N/A Time: N/A Place: N/A Please bring your copy of the Invitation to Bid to the pre-bid conference. In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at either the scheduled site inspection, pre-bid conference or bid opening should contact the Procurement Division at 561-822-2100, at least five (5) days prior to the event to advise of his/her special requirements. 2. Time of Completion and Liquidated Damages. The work to be performed under this project shall commence on the date of Notice to Proceed. The work shall be substantially completed within 120 ONE HUNDRED TWENTY) calendar days after the date of such notice, and fully completed within 180 ({SNE HUNDRED EIGHTY) calendar days, with such extensions of time as are provided for in the General Terms and Conditions. If said work is not substantially completed within the specified times, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, the sum of ONE THOUSAND TWO HUNDRED ($1,200) per calendar day for each and every day or part of a day thereafter that said work remains incomplete. 3. Permits and Fees. In accordance with the Public Bid Disclosure Act, the Contractor will be required to make payment to the City of West Palm Beach for following permits or licenses, impact, inspection or other fees for this Project under the Contract: (F.S. 218.80) (Permit) (Fee/Amount or calculation) Right -of -Way Permit See City website (www.cityofwpb,org) Parking Permit (Bagging of Meters) See City website (www.cityotpb.org) Refer to City Website (Apborg) for current permit fees. 4. Licenses. The Bidder will be required to have at the time of bid submittal, the following current license(s): . State of Florida General Contractor's License or Paving Contractors License The Bidder will also be required, at the time of contract execution, to have a business tax receipt or certificate of registration in accordance with the following: No person, contractor or subcontractor may conduct business within the City without a business tax receipt or certificate of registration. ITB 14-15-134 Page 173 6f 452 ITB Rev. 4-08 • A contractor who holds a valid countywide contractor's license, in addition to a county business tax receipt shall register with the City. ® Any person engaging in any business, occupation or profession within the City without a permanent business location or branch office in the City, but holding a valid and currently effective business tax receipt issued by the county or another incorporated municipality, shall be issued a certificate of registration upon registering with the business tax official. 5. Small Business Participation. In accordance with the Small Business Ordinance, the goal for Small Business participation under the contract resulting from this Invitation to Bid is 15% of the total contract value. 6, Construction Bond. If required, please refer to General Condition 11. Required YeS Not Required 7. Insurance. Please refer to General Condition 13 for insurance requirements, unless a modification to such requirements is listed below: 8. Equal Benefits Ordinance. Section 66-9 of the City's Code of Ordinances provides that, with limited exceptions, when contracting for goods, services or construction in an amount of $50,000 or more, with persons or businesses with five or more employees that also provide benefits to employees' spouses and dependents, the city shall contract only with those persons or businesses that provide equal benefits, to employees' domestic partners. Each proposer shall submit an Equal Benefits certification with its proposal/bid The City intends to award to a Primary and Secondary Vendor(s). The award of the Primary and Secondary bidder will be determined in order of responsiveness, lowest price, and consideration of bidder's bid package with reference to conforming of bid, deviations (if any,) bidder's notes, materials proposed, along with bidder's qualifications, adequate organization, and personnel to ensure prompt and efficient performance of work to the City. If the Primary bidder is not able to supply the product/material in question, the City will contact the Secondary bidder accordingly. ITB 14-15-134 Page 174 6f 452 WES7 PALM BEACH 1111111 11111151111 401 Clematis Street, 5th Floor West Palm Beach, FL 33401 Telephone: (561) 822-2100 Telefax. (561) 822-1564 Each recipient of this Addendum acknowledges all of the provisions set forth in the: Invitation to Bid (ITB) a agrees to be bound by the terms thereof. i INE1111i: 1111T!iiiiii 1, � * Questions and Answers * Revised schedule of bid items * Revised technical specifications 1 11111! 111IT1111114 11911 !!I:Illr. �,- �V Addendum 1 ITB 14-15-134 Addendum 1 ITB 14-15-134 Revised Schedule of Bid Iten! Question 1: Do contractors have to provide pricing on all items or can items be marked NIA if the the contractor is not providing a quote? Answer Pricing must be provided for all items. Question 2: How will the City determine the low bid as there is no total of bid items? Answer This is a line item bid and the City's award decisions are based on the response or responses determined to be the best value. Question 3: How will the award decision be made if not based on lowest bid? Answer Depending on the number of responses and bid prices multiple awards may be made. Awards will be based on the best value to the City as determined by review and analysis of the submitted prices for each line item. I I I I 1 121111 1 1 1 1 1 1 1 i ! I I ! I I I ! I ! I I I I � 1111 1 1 1 1 � r I Answer Addendum 1 14-15-134 Page 1 of 4 Page 175 of 452 Question 5- Please clarify line item 88 — Root Removal/Pruning. Is this one tree • all possible trees? Answer The line item refers to all trees. 1111p�i ::gig 4.. 11 SEE!= Answer The line item is to adjust irrigation system in existing planter boxes or tree grates. Question 7: Has the City reduced the required paperwork for work orders and pay requests? How many forms are required for work orders and pay requests for this project? Answer For the typical work order the pay request includes the following items: 1, Work order form 2. Scope of work 3. Fee proposal 4. Statement of small business participation form 5. Letter of intent 6, Schedule of contractors 7. Drug free certificate 8� Contractor's materials suppliers 9� Certificate of insurance 10. Bond "*,,er ■ 10.6 in the GC and the subcontractor utilization report. 10.5 lnitla(,E�a pyrrient, Prior to submittal of its initial •. r• Contractor shall have submitted the following items to the Engineer/Architect and Owner� 1. Certified copies of the Performance and Payment bonds, or Public Construction bond, recorded in the public records. 2, List of subcontractors and suppliers 3, Project schedule 4. Schedule of values 5. All current certificates of insurance 6. Designation of Contractor's Project Manager Addendum 1 14-15-134 Page 2 of 4 Page 176 of 452 !I INIIIIINIIIIIII I INI IN I ASPHALTIC CONCRETE EAVEMENT. (BY THJ!CKNE-$4 AND -1 S-' TYPE , 5 3 0 R-- MEB-26YE) Method ol'Measinemeril The quantity to be paid for under this Section shall be per square yard (SY) of asphalt surface course and shall include all labor, material, and equipment required to construct the base layer and the final surface course as shown on the plan view and detail drawings The unit prices shall include compensation for multiple mobilizations, labor, materials- and equipment required to construct the new asphalt concrete base and surface courses. The contract unit price shall also Include other miscellaneous work required to complete the work in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition and the City of West Beach specifications. This unit price shall also Include all necessary labor, materials, and equipment to adjust the valve boxes, manholes, rims, inlets, or other fixtures to final grade, transitions to existing pavement, milling existing asphalt at tie-ins, tack coating, compaction, foiling, brooming, s3wculling and any other work required to complete the work 01025 -39 - Basis of Payment. Payment shall be at the Contract Unit Price per square yard of pavement installed to the limits shown on the plans or as directed bythe Engineer in the field during construction Y. 10" L144EROCK BASE Method o(Measurement. The quantity to be paid for under this Section shall be per square yard (SY) for limerock base installed and accepted, The Contract Unit Price shall include compensation for all labor, materiNs, and equipment required to construct the new time rocR base, including prime coat in accordance with the plans and specificalons. The contract unit price shall also include other miscellaneous work required to correct all detective surfaces and deficient thicknesses and to cornpiele the work in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest eMon and the City of West Beach specifications The Contractor may, at no additional cost to Use CRY of West Pain) Beach, substitute 10- inch crushed concrete in lieu of firrierocii: provided that file minimum LBR 100 is achieved 2 Basis of Payment: Payineill Shall be at the Contract Unit Price per square yard of firnerock base installed to the limits shown on tne plans or as directed by trip - Engineer in the field during construction Addend= 1 14-15.134 Page 3 of 4 Page 177 of 452 Proposers must acknowledge receipt of this Addendum 1 in the space provided below. This Addendum forms an integral part of the ITB documents and therefore must be executed. Failure to return this addendum with your proposal submittal may be cause for disqualification. Issued By: City of West Palm Beach Procurement Division July 17, 2015 z-� 7 Signed By: Patricia D. rmstrong Sr, Purchasing Agent PROPOSER: ti\, Signed By: Print Name: 41 Title: Date: End of Addendum 1 Addendum 1 14-15-134 Page 4 of 4 Page 178 of 452 'BE Item Ata. Item Description GENERAL -=Unit fast Units 1 2 Mobilization Maintenance of Traffic LS LS 3 4 Bonding Insurance LS LS 5 Construction Permits (Allowance) AL 6 7 lVehicle Towing (Allowance) ROADWAY Reclaimed Asphalt Base Course (Up to 10") AL SY 8 9 Asphalt Emulsion for Reclamation (Asphalt Treated Base) Saw Cut Existing Concrete/Pavement up to 12" deep GAL LF 10 Concrete Road Base Removal up to 12" deep Sy 11 Excavation, Removal & Disposal of excess material CY 12 Mill Existing Asphalt (up to 2") SY 13 Mill Existing Asphalt (2"-4") SY 14 Asphalt & Base Removal, up to 24" Sy 15 16 12' Compacted, Stabilized Subbase FDOT Optional Base Group 4 SY Ton 17 FDOT Optional Base Group 6 Ton 18 FDOT Optional Base Group 9 Ton 19 Type SP -9.5 Asphaltic Concrete Ton 20 Type SP -12.5 Asphaltic Concrete Ton 21 Removal and Disposal of Old Guardrail LF 22 23 Reset Guardrail Furnish & Install Guardrail, Steel Beam, Double Face, Incl Hardware LF LF 24 Furnish & Install Guardrail, Steel Beam, Straight Panel, Incl Hardware LF 25 Furnish &Install Aluminum Handrail per FDOT Specification LFJ Addendum 1 ITB 14-15-134 PaP9PV§f8f 452 9 Addendum I ITB 14-15-134 Pagjgd14 Page of452 Utilities 26 Adjust Existing Manhole Top to Grade EA 27 Install New Manhole Top with Ring and Cover to Grade (remove and dispose of existing) EA 28 Adjust Type "A" Inlet to Grade EA 29 Remove and Replace Type "A" Inlet EA 30 Install New Type "A" Inlet EA 31 Adjust type "C" Inlet to Grade EA 32 Remove and Replace Type "C" Inlet EA 33 Install New "C" Inlet EA 34 Remove and Replace Type P-5 (FDOT) Inlet EA 35 Remove and Replace Type P-6 (FDOT) Inlet EA 36 New Type P-5 FDOT Inlet EA 37 New Type P-6 FDOT Inlet EA 38 Install New Water Valve box (remove and dispose of existing) EA 39 Adjust Water Valve Box EA_ 40 Remove and Replace Water Meter Box, Single (City standard) EA_ 41 Remove and Replace Water Meter Box, Double (City standard) EA Remove and Replace Electrical Pull Boxes with "New Basis' Model PBC1 11812TO2 or an 42 Approved Equivalent EA 43 Install Electrical Pull Boxes, "New Basis" Model PBC1 11812TO2 or an Approved Equivalent EA 44 Remove & Replace Traffic Signal Loops/Wiring (Per PBC Standard) At Cost 45 I''Stamped, Colored Concrete (6" thick) SY 46 Paver Brick (traffic rated) SY 47 Remove and Replace Paver Brick (traffic rated) SY 48 Speed Humps, Stamped Asphalt(up to 100SY), primed and painted SY CONCRETE 49 Concrete Removal up to 6" thick SY 50 4" Concrete Sidewalk SY 51 6" Concrete Pathway/Driveway SY 52 Concrete ADA Curb Ramp with detectable warning surface (FDOT standard) EA 53 16" ADA Compliant Detectable Warning Pavers Ramp EA 54 6" ADA Compliant Ramp with Armor -Tile Tactile System or an approved equivalent EA 55 Remove Concrete Curb All Type include asphalt restoration and sawcut LF 56 Concrete Curb Type T" LF 57 Concrete Curb Type 'F LF 58 Concrete Header Curb (up to 12" X12") LF 59 Modified Concrete Curb LF 60 Concrete Valley Gutter LF Addendum I ITB 14-15-134 Pagjgd14 Page of452 61 STRIPING & SIGNAGE 6" Solid White Thermoplastic Striping LF 62 63 64 6" Skip White Thermoplastic Striping 6" Solid Yellow Thermoplastic Striping 6" Skip Yellow Thermoplastic Striping LF LF LF 65 66 6" Double Yellow Thermoplastic Striping 12" Solid White Thermoplastic Striping LF LF 67 18" Solid White Thermoplastic Striping LF 6,8 69 18" Solid Yellow Thermoplastic Striping 24" Solid White Thermoplastic Striping LF LF 70 71 Special Pavement Message: ARROW (single and double) Thermoplastic Special Pavement Message: MERGE, ONLY, R/R, SCHOOL, SHARR O -W, Thermoplastic EA EA 72 Furnish and Install Single Sign Post AS 73 lRelocate Sign and Post AS 74 6" White Temporary Striping Paint LF 75 6" White Temporary Striping Plastic Tape LF 76 6" Yellow Temporary Striping Paint LF 77 78 79 6" Yellow Temporary Striping Plastic Tape lRetro-Reflective Pavement Markers (RPMs) All colors LANDSCAPING 1 Bio -Barrier (12" wide) LF EA LF 80 Bio -Barrier (19,5" wide) LF 81 Sodding (Floratam) Sy 82 83 Sodding (Bahia) Top Soil (3" Thick) SY SY 84 86 Red Designer Mulch (3") Root Removal/Pruning SY AL 86 Tree Removal (up to 12" Diameter) EA 87 Seeding SY 88 Stump Removal up to 18" Diameter, Including Roots EA_ 89 90 Stump Removal up to 36" in Diameter, Including Roots Tree Removal up to 18" in Diameter, Ind. Roots EA EA 91 Tree Removal up to 36' in Diameter, Incl. Roots EA 92 93 Adjust t Irrigation Regr ide Swales. AL SY I- Highlighted items will not be evaluated Bidder Company Name, Signature of Official authorized to bind Bidder I 1 11 MEMEMM Addendum 1 ITB 14-15-134 Pag'Pfelo'4 452 r Addendum 1 ITB 14-15-134 Pag a 42� A 452 Answer No dollar amount is expected at this time and the field, can be completed with TBD. The dollar amount will be included on the work order issued for a specific project. Question 5- How should suppliers for materials and dollar amounts be listed on Form B15? Answer Form B 15 can be left blank or marked TBD at this time; the information will be completed when a work order is issued for a specific project. Question 6: How should contractors respond to the allowance items on Form B? Should they be left blank or marked TBD? Answer The allowance items and lump sum items can be marked TBD for the bid response. Question 7. How should contractors provide SBE percentages when the quantities and value of the project(s) are unknown? Answer Include the names of your SBE team and mark the percentage fields as TBD. Contractors will be expected to meet the SBE goal for the projects assigned via work order. Addendum 2 14-15-134 Page 2 of 3 Page 184 of 452 Proposers must acknowledge receipt of this Addendum 1 in the space provided below. This Addendum forms an integral part of the ITB documents and therefore must be executed. Failure to return this addendum with your j2roposa/ submittal may be cause for discgualification . Issued By: City of West Palm Beach Signed B� Procurement Division July 22, 2015 PROPOSER�,.LL j_&,tj(\jf W ff Signed By - Th . Print Name. #knoie4k 0 A Lt c Title: Date: Cal - \5 End of Addendum 2 Addendum 2 14-15-134 Page 3 of 3 Page 185 of 452 ITB Rev. 4-08 aSECTION 2 - SPECIAL TERMS Pre -Bid Conference A pre-bid conference is scheduled to provide potential bidders the opportunity to ask questions and receive clarification concerning the project and to emphasize safety factors, hazards, or potential interference of other projects. If a pre-bid conference is scheduled, attendance is strongly encouraged. If a site inspection is scheduled it will be the only opportunity to inspect the site and attendance is recommended as no individual appointments will be made. Date: N/A Time: N/A Place: N/A Please bring your copy of the Invitation to Bid to the pre-bid conference. In accordance with the Americans with Disabilities Act, any person who believes he or she has a disability requiring the use of a special accommodation at either the scheduled site inspection, pre-bid conference or bid opening should contact the Procurement Division at 561-822-2100, at least five (5) days prior to the event to advise of his/her special requirements. 2. Time of Completion and Liquidated Damages. The work to be performed under this project shall commence on the date of Notice to Proceed. The work shall be substantially completed within 424--G" HUNDRED M._E*P14- TIED calendar days after the date of such notice, and fully completed within 180 (ONE Will-IN-DRED EIGHTY) TBD calendar days, with such extensions of time as are provided for in the General Terms and Conditions. If said work is not substantially completed within the specified times, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, the sum of ONE T -W -HUNDRED ($�q TBD per calendar day for each and every day or part of a day thereafter that said work remains incomplete. 3. Permits and Fees. In accordance with the Public Bid Disclosure Act, the Contractor will be required to make payment to the City of West Palm Beach for following permits or licenses, impact, inspection or other fees for this Project under the Contract: (F.S. 218,80) (Permit) (Fee/Amount or calculation) Right -of -Way Permit See City website (www.,cilyofwpb.org) Parking Permit (Bagging of Meters) See City website (www.cityofwpb.org) Refer to City Website (wpb,org) for current permit fees. 4. Licenses The Bidder will be required to have at the time of bid submittal, the following current license(s): 0 State of Florida General Contractor's License or Paving Contractor's License The Bidder will also be required, at the time of contract execution, to have a business tax receipt or certificate of registration in accordance with the following: No person, contractor or subcontractor may conduct business within the City without a business tax receipt or certificate of registration. ITB 14-15-134 3 Page 186 of 452 QTR Rev. 4-08 A contractor who holds a valid countywide contractor's license, in addition to a county business tax receipt shall register with the City. Any person engaging in any business, occupation or profession within the City without a permanent business location or branch office in the City, but holding a valid and currently effective business tax receipt issued by the county or another incorporated municipality, shall be issued a certificate of registration upon registering with the business tax official. 5. Small Business Participation In accordance with the Small Business Ordinance, the goal for Small Business participation under the contract resulting from this Invitation, to Bid is 15% of the total contract value. Ixequired YeS Not Require#' 7. Insurance. Please refer to General Condition 13 for insurance requirements, unless a modification to such requirements is listed below: 8. Equal Benefits Ordinance. Section 66-9 of the City's Code of Ordinances provides that, with limited exceptions, when contracting for goods, services or construction in an amount of $50,000 or more, with persons or businesses with five or more employees that also provide benefits to employees' spouses and dependents, the city shall contract only with those persons or businesses that provide equal benefits to employees' domestic partners. Each proposer shall submit an Equal Benefits certification with its proposal/bid , . . The City intends to award to a Primary and Secondary Vendor(s), The award of the Primary and Secondary bidder will be determined in order of responsiveness, lowest price, and consideration of bidder's bid package with reference to conforming of bid, deviations (if any,) bidder's notes, materials proposed, along with bidder's qualifications, adequate organization, and personnel to ensure prompt and efficient performance of work to the City. If the Primary bidder is not able to supply the product/material in question, the City will contact the Secondary bidder accordingly. ITB 14-15-134 4 Page 187 of 452 ITB Rev. 4-08 City West Tafm Beach (B2) a of PID Iw-Arsima. 20=R;: (Bidder Company Name) *06 See Bid Items 1 — 96 on Form B3 — Schedule of Bid Items (Write Dollar Figure Here) Bidder agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary for the performance and completion of the work for the amount indicated above. The undersigned Bidder hereby declares that: 1. No Lobbying. Proposer acknowledges that contact by a Proposer, or anyone representing a Proposer, regarding this ITB with the Mayor, any City Commissioner, officer, City employee, other than an employee of the West Palm Beach Procurement Division, is grounds for disqualification. 2. This bid is made in good faith, without collusion or fraud and is fair and competitive in all respects. 3. The Bidder has carefully and to his full satisfaction examined the attached Scope of Work, Special Terms, General Conditions, technical specifications, and form of bonds, if applicable, together with the accompanying plans, and Bidder has read all issued addenda issued. 4. Bidder has made a full examination of the site and is familiar with the site conditions that may impact its performance, 5. There is enclosed a bid guarantee consisting of five percent (5%) of bid price in the amount of $_NJA 6, Upon receipt of a Notice of Intent to Award the contract the Bidder shall: 1) commence obtaining a Performance Bond, Labor and Material Bond, and Certificate(s) of Insurance immediately after receiving a Notice of Intent to Award, and 2) immediately obtain a Certificate of Registration for engaging in business from the City, as such documents will be required prior to execution of a Contract. Bidder understands that the contract time starts on the date of Notice to Proceed. 8, Bidder furthermore agrees that, in case of failure on his part to execute a Contract and provide all required documents within ten (10) calendar days of receipt of the Contract for execution, the City may withdraw the offer and contract with another bidder and the check, bond, or other security accompanying his bid and the money payable thereon, shall become the property of the City, by forfeit as agreed and liquidated damages. 9. The Bidder states that this bid is the only bid for this project in which Bidder is interested; and Bidder shall not be a subcontractor or subcontractor on this project, 10. Substantial completion shall be within One U. -A -A --A 140 TBD calendar days. Final completion shall be in One I TBD calendar days. 11. Liquidated damages for delay are agreed to be $47240-.00 TBD per calendar day. 12. Small Business participation for this project is 15%. ITB 14-15-134 M, Page 188 of 452 111930=1111-1 13. Bidder shall be responsible for all permitting fees and utility service connection fees. For construction of a building, the City shall be responsible for plan and permit review fees through its Construction Services Department. 14, All debris is to be legally disposed of at a licensed disposal site in accordance with city, state, and federal standards. 15, The City reserves the right to select and include one or more alternates in the Project and work. 16. The following officer, director or agent of the Bidder is also an employee of the City of West Palm Beach: Name Address 17. The following employee(s) of the City of West Palm Beach hold, either directly or indirectly, an interest of 10% or more of Bidder or its affiliates or subsidiaries: 18. Bidder and all a4iliates, suppliers, subcontractor or consultants who will perform the',11,ork have not been placed on the Pubilic Entity Crimes convicted vendor list maintained by the State of Florida within the ♦ months immediately precediing the date of this Bid. 19. Bidder acknowledges that ADDENDA have been RECEIVED and are A17ACHED HERETO and are signed by a duly authorized officer of Bidder. 20. By sigining and submitting this Bid, Bidder represents that all Bid Forms are fully complete and accurate. M101411 1VMK*1M1MK0.♦ MOL-11WOM WM01991 DIJ 11VAL"111 UJUS40 1W 1111 U-13 111 - Business Address: (Street, City, State, Zip Code) State of incorporated: Telephone: — Fax: Print Name: Title: Date: MMMIMIR�- par, i ITB 14-15-134 In Page 189 of 452 1T13 Rev. 4-08 City West Pak Beach (B2) @ of BID ITB 14-15-134 '�,roposalof: M &M Asphalt Maintenance, Inc. d/b/a All County Paving (Bidder Company Name) Bid Amount: $ N/A See Bid Items I — 96 on Form B3 — Schedule of Bid Items (Write Dollar Figure Here) Bidder agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary for the performance and completion of the work for the amount indicated above. The undersigned Bidder hereby declares that: 1. No Lobbying. Proposer acknowledges that contact by a Proposer, or anyone representing a Proposer, regarding this ITB with the Mayor, any City Commissioner, officer, City employee, other than an employee of the West Palm Beach Procurement Division, is grounds for disqualification. 2. This bid is made in good faith, without collusion or fraud and is fair and competitive in all respects. 3. The Bidder has carefully and to his full satisfaction examined the attached Scope of Work, Special Terms, General Conditions, technical specifications, and form of bonds, if applicable, together with the accompanying plans, and Bidder has read all issued addenda issued. 4. Bidder has made a full examination of the site and is familiar with the site conditions that may impact its performance. 5. There is enclosed a bid guarantee consisting of five percent (5%) of bid price in the amount of $_N/A 6. Upon receipt of a Notice of Intent to Award the contract the Bidder shall; 1) commence obtaining a Performance Bond, Labor and Material Bond, and Certificate(s) of Insurance immediately after receiving a Notice of Intent to Award, and 2) immediately obtain a Certificate of Registration for engaging in business from the City, as such documents will be required prior to execution of a Contract. 7. Bidder understands that the contract time starts on the date of Notice to Proceed. 8. Bidder furthermore agrees that, in case of failure on his part to execute a Contract and provide all required documents within ten (10) calendar days of receipt of the Contract for execution, the City may withdraw the offer and contract with another bidder and the check, bond, or other security accompanying his bid and the money payable thereon, shall become the property of the City, by forfeit as agreed and liquidated damages. 9. The Bidder states that this bid is the only bid for this project in which Bidder is interested-, and Bidder shall not be a subcontractor or subcontractor on this project. 10. Substantial completion shall be within One Hu -A-p- TBD calendar days. Final completion shall be in One HundFed Eighty(180) TBD calendar days. I 11. Liquidated damages for delay are agreed to be $1,200.00 TBD per calendar day. 12. Small Business participation for this project is 15%. ITB 14-15-134 14 Page 190 of 452 ITB Rev. 4-08 13. Bidder shall be responsible for all permitting fees and utility service connection fees. For construction of a building, the City shall be responsible for plan and permit review fees through its Construction Services Department. 14. All debris is to be legally disposed of at a licensed disposal site in accordance with city, state, and federal standards. 15. The City reserves the right to select and include one or more alternates in the Project and work. 16. The following officer, director or agent of the Bidder is also an employee of the City of West Palm Beach: Name Address None 17. The following employee(s) of the City of West Palm Beach hold, either directly or indirectly, an interest of 10% or more of Bidder or its affiliates or subsidiaries: Name Address None 18. Bidder and all affiliates, suppliers, subcontractor or consultants who will perform the Work have not been placed on the Public Entity Crimes convicted vendor list maintained by the State of Florida within the 36 months immediately preceding the date of this Bid. 19. Bidder acknowledges that ADDENDA NO(S). 1 & 2 have been RECEIVED and are ATTACHED HERETO and are signed by a duly authorized officer of Bidder. 20. By signing and submitting this Bid, Bidder represents that all Bid Forms are fully complete and accurate. 21. Bidder acknowledges that the Bid may be rejected if all Bid Forms are not fully complete, not accurate or if forms are not signed by properly authorized signatures where required. Bidder Company Name: M & M Asphalt Maintenance, Inc. d/b/a All County Paving Business Address: (Street, City, State, Zip Code) 1180 SW loth Street Delray Beach, FL 33444 State of Incorporated: FL Telephone: 561-588-0949 Fax: 561-588-2140 of Official authorized to bind Bidder. Print Names Kenneth Gold Title: President Date: 7-27-15 Failure to fully complete and sign this Bid Form may result in reiection of the Bid. ITB 14-15-134 15 Page 191 of 452 �10 ITB 14-15-134 PROJECT TITLE: General Roadway and Miscellaneous Construction M, Item No. Item Description Unit Cost I Units GENERAL 1 Mobilization TBD LS 2 3 Maintenance of Traffic Bonding TBD TBD LS LS 4 -Insurance 5 6 lConstruction Permits (Allowance) iVehicle Towing (Allowance) TBD TBC TBC LS AL AL ROADWAY 7 8 9 Reclaimed Asphalt Base Course (Up to 10") Asphalt Emulsion for Reclamation (Asphalt Treated Base) Saw Cut Existing Concrete/Pavement up to 12" deep $12.90 $2,50 $2.00 SY GAL LF 10 11 Concrete Road Base Removal up to 12" deep Excavation, Removal & Disposal of excess material $11-00 $25.00 SY cy 12 Mill Existing Asphalt (up to 2') $2.50 SY 13 Mill Existing Asphalt (2"-4") $3.10 SY 14 15 16 Asphalt & Base Removal, up to 24" 12" Compacted, Stabilized Subbase FDOT Optional Base Group 4 $11.85 $5.00 $40-00 SY SY Ton 17 FDOT Optional Base Group 6 $40.00 Ton 18 FDOT Optional Base Group 9 $40-00 Ton 19 20 Type SP -9.5 Asphaltic Concrete Type SP -12.5 Asphaltic Concrete $11(7.00 $110.00 Ton Ton 21 22 Removal and Disposal of Old Guardrail Reset Guardrail $5.95 $11-00 LF LF 23 24 Furnish & Install Guardrail, Steel Beam, Double Face, Incl Hardware Furnish & Install Guardrail, Steel Beam, Straight Panel, Incl Hardware $38.50 $27.50 LF LF 25 Furnish & Install Aluminum Handrail per FDOT Specification $85.00 LF Addendum 1 1TB 14-15-134 Page I of 4 Page 192 of 452 Addendum 1 [TB 14-15-134 Page 2 of 4 Page 193 of 452 Utilities 26 27 Adjust Existing Manhole Top to Grade Install New Manhole Top with Ring and Cover to Grade (remove and dispose of existing) $500-00 $750-00 EA EA 28 29 Adjust Type "A" Inlet to Grade 'Remove and Replace Type "A" Inlet $2,500.00 $5,500.00 EA EA 30 Install New Type "A" Inlet $4,200-00 EA 31 Adjust type "C" Inlet to Grade $2,500-00 EA 32 Remove and Replace Type "C" Inlet $5,800-00 EA 33 34 Install New "C" Inlet Remove and Replace Type P-5 (FDOT) Inlet $4,500,00 $7,700.00 EA EA 35 36 37 Remove and Replace Type P-6 (FDOT) Inlet New Type P-5 FDOT Inlet New Type P-6 FDOT Inlet S7,500.00 $6,200,00 $6,000.00 EA EA EA 38 39 Install New Water Valve box (remove and dispose of existing) Adjust Water Valve Box $500,00 $350-00 EA EA 40 Remove and Replace Water Meter Box, Single (City standard) $500.00 EA 41 Remove and Replace Water Meter Box, Double (City standard) $600.00 EA 42 Remove and Replace Electrical Pull Boxes with "New Basis" Model PBC1 1 1812TO2 or an Approved Equivalent $1,500,00 EA 43 Install Electrical Pull Boxes, "New Basis' Model PBC1 1 1812TO2 or an Approved Equivalent $1,100,00 EA 44 45 Remove & Replace Traffic Signal Loops/Wiring (Per PBC Standard) Stamped, Colored Concrete (6" thick) TBD $72.00 At Cost SY 46 Paver Brick (traffic rated) $30.00 SY 47 Remove and Replace Paver Brick (traffic rated) $35.00 SY S Y� 48 I spa(up o ), primed anpainted Ahltt1 OOSYidditd , SY CONCRETE 49 Concrete Removal up to 6" thick $10151 SY 5() 51 4" Concrete Sidewalk 6" Concrete Pathway/Driveway $34.50 $42.50 SY SY 52 Concrete ADA Curb Ramp with detectable warning surface (FDOT standard) $575.00 EA 53 6" ADA Compliant Detectable Warning Pavers Ramp $1,200.00 EA 54 55 6" ADA Compliant Ramp with Armor -Tile Tactile System or an approved equivalent Remove Concrete Curb All Type include asphalt restoration and sawcut $975,00 $4.50 EA LF 56 Concrete Curb Type "D" $11-50 LF 57 Concrete Curb Type 'F" $20-00 LF 58 59 Concrete Header Curb (up to 12" X12") Modified Concrete Curb $20,00 $20.00 LIF LF 60 JConcrete Valley Gutter $20.001 LF Addendum 1 [TB 14-15-134 Page 2 of 4 Page 193 of 452 J* Highlighted items will not be evaluated Bidder Company Name: Ii&,yy-iore, T\c, A� Iry u cc,A pav i q Signat�q 'W"authorized to bind Bidder Print Deme Nf.Mf-kt\. Title Date Failure to fully complete and sign this Bid Form may result in rejection of the Bid Addendum 1 ITS 14-15-134 Page 3 of 4 Page 194 of 452 STRIPING & SIGNAGE 61 62 6" Solid White Thermoplastic Striping 6" Skip White Thermoplastic Striping $0,88 $0.88 LF LF 63 64 65 6" Soiid Yellow Thermoplastic Striping 6" Skip Yellow Thermoplastic Striping 6" Double Yellow Thermoplastic Striping $0.88 $0.88 $176 LF LF LF 66 12" Solid White Thermoplastic Striping $1.65 LF 67 18" Solid White Thermoplastic Striping $2.20 LF 68 69 18" Solid Yellow Thermoplastic Striping 24" Solid White Thermoplastic Striping $2,20 $3,30 LF LF 70 71 72 Special Pavement Message: ARROW (single and double) Thermoplastic Special Pavement Message: MERGE, ONLY, RIR, SCHOOL, SHARROW, Thermoplastic Furnish and Install Single Sign Post $99,00 $121-00 $292 EA EA AS 73 74 Relocate Sign and Post 6" White Temporary Striping Paint $192,00 $0.33 AS LF 75 6" White Temporary Striping Plastic Tape $0.66 LF 76 77 6" Yellow Temporary Striping Paint 6' Yellow Temporary Striping Plastic Tape $0.33 $0.66 LF LF 78 Retro -Reflective Pavement Markers (RPMs) All colors $4.40 EA LANDSCAPING 79 80 Bio -Barrier (12" wide) Bio -Barrier (19.5" wide) $15-00 $18,00 LF LF 81 Sodding (Floratam) $150 SY 82 83 84 Sodding (Bahia) Top Soil (3" Thick) Red Designer Mulch (3") $120 $16.50 $21.00 SY SY SY 85 Root Removal/Pruning TBD AL 86 Tree Removal (up to 12" Diameter) $1,000-00 EA 87 Seeding $10,00 SY 88 Stump Removal up to 18" Diameter, Including Roots $750.00 EA 89 Stump Removal up to 36" in Diameter, Including Roots $850.00 EA go 91 Tree Removal up to 18" in Diameter, Inc. Roots Tree Removal up to 36' in Diameter, Ind. Roots $1,500-00 2,000-00 EA EA 92 Adjust Irrigation =BD AL 93 Regrade Swales 1 $13,50 SY J* Highlighted items will not be evaluated Bidder Company Name: Ii&,yy-iore, T\c, A� Iry u cc,A pav i q Signat�q 'W"authorized to bind Bidder Print Deme Nf.Mf-kt\. Title Date Failure to fully complete and sign this Bid Form may result in rejection of the Bid Addendum 1 ITS 14-15-134 Page 3 of 4 Page 194 of 452 f �- f r r # r k. E k f l� k f.. •- f f a r: Addendum 1 ITB 14-15-134 Page 4 of 4 Page 195 of 452 ITB Rev. 4.08 City of West (Pa[m Beach �ES)Itil"!• ITB 14-15-134 SUBSTITUTION SHEET This form must be completed if Bidder proposes to deviate from any contract requirements including, but not limited to, proposed material specifications, proposed method, construction schedule, or phasing plan. Associated "Add" or "Deduct" must be provided. DESCRIPTION OR MAKE PROPOSED ACD DEDUCT SID ITEM NO. SPECIFIED SUBSTITUTION None ITS 14-15-134 17 Page 196 of 452 0 I 1 -r, x W 1. SCHEDULE OF SUBCONTRACTORS Failure to fully complete form may result in bid rejection. The following is a complete list of all subcontractors utilized for this project: FJ 3. EJ (company name) 9021 Wire Rd., Zephyrhills, FL (address) 33540 (zip code) ITB Rev. 4-08 M Dollar amount of subcontract work Reclamation $ TBD (type of work) 813-455-2471 (tel. #) 22-3787755 (federal I.D. #) WM. D. Adeimy Jr., Inc. Concrete $ TBD (company name) (type of work) 1201 Omar Rd., West Palm Beach, FL 561-832-6305 (address) (tel. #) 33405 59-1927258 (zip code) (federal I.D. #) Sou-thwide Industries, Inc. Striping $ TBD (company name) (type of work) 4357 Okeechobee Blvd., Ste C4 561-688-8833 (address) (tel, #) West Palm Beach, FL 33409 65-0857746 (zip code) (federal I.D. #) Centerline Utilities, Inc. Drainage TBD (company name) (type of work) 2180 SW Poma Drive, Palm City, FL 561-689-3917 (address) (tel. #) 34990 65-0849488 (zip code) (federal I.D. #) 5. $ (company name) (type of work) (address) =-(zip —code)— (federal M. #) Total dollar amount to be awarded to subcontractors (this page) ITB 14-15-134 $ 18 Page 197 of 452 ITB Rev. 4-08 ITB 14-15-134 SCHEDULE OF SUBCONTRACTORS (continued if necessary) 6. (company name) (type of work) (tel. #) (address) (federal I.D. (zip code) 7. $ (company name) (type of work) (tel. #) (address) (federal I.D. #) (zip code) 8. $ (company name) (type of work) (tel. #) (address) (federal I.D. #) (zip code) 9. $ (company name) (type of work) (address) (tel. #) (federal I.D,. #) (zip code) Total dollar amount to be awarded to Subcontractors $ T130 Authorized Signature-, V Note: The above schedule of subcontractors will become a part of the Contract documents. Changes made to the above schedule of subcontractors after the contract has been executed must be submitted in writing to the Engineering and Public Works Department for approval prior to that subcontractor performing any work. ITB 14-15-134 19 Page 198 of 452 ITB Rev. 4-08 City of West (Paim Beach (1136) ITB 14-15-134 CONTRACTOR VERIFICATION FORM PRIME BIDDER: Name of Firm: irm: M & M Asphalt Maintenance, Inc. d/b/a All County Paving Address: 1180 SW 10th Street Delray Beach, FL 33444 Telephone: 561-588-0949 Fax: 561-588-2140 GENERAL CONTRACTOR OF RECORD. Name-, Micheal M. Ritter Jr. Address: 1180 SW 10th Street Delray Beach, FL 33444 State License # CGC 1509532 (ATTACH COPY) County License # U-21491 (ATTACH COPY) Type of License: Paving Unlimited Yes (yes/no) If "NO", Limited to what trade? Is the General Contractor a full-time employee of Prime Bidder? X Yes No Will the General Contractor be in responsible charge of the work performed and installed under this contract? X Yes No City License: (COPY OF CITY REGISTRATION OR BUSINESS TAX RECEIPT —MUST BE OBTAINED PRIOR TO CONTRACT EXECUTION — Maybe obtained from City Construction Services) Failure to fully or accurately complete this form may be cause for rejection of the bid. ITB 14-15-134 20 Page 199 of 452 M PUBLIC HEARING 8/1/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-015- SECOND READING - PUBLIC HEARING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Cultural District Overlay Zone regulating site development, uses, and urban design. (Staff requests item tabled to 8/15/17) EXPLANATION OF REQUEST: The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016. Comprehensive implementation of the Plan will require a full "audit" and subsequent revisions of existing zoning and other land development regulations. However, some recommendations have immediate application to pending development projects and will therefore be implemented incrementally as needed. These recommendations include overlay zones intended to provide specific requirements pertaining to scale, design, and architecture for two geographic areas. The requirements modify some of the regulations of their underlying zoning districts. The Cultural District Overlay Zone (CDOZ) encompasses the entire Cultural District, bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by Seacrest Boulevard, on the south by Southeast 2nd Avenue, and on the north by Northeast 1st Avenue. The Cultural District is envisioned to be the principal hub for the City's civic uses, public spaces and events. Since this area is essential to exhibiting and experiencing Boynton Beach's unique character, setting the appropriate scale, design, and architecture is crucial to its success. There is currently an "Ocean Avenue Overlay Zone" on a portion of the District. The proposed amendments revise the existing overlay to be consistent with the vision outlined in the CRA Plan. The Planning and Development Board reviewed the subject amendments at their May 23, 2017 meeting and forwards the request with a recommendation of approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 200 of 452 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Exhibit D Exhibit D Exhibit D Exhibit D Exhibit REVIEWERS: Department Reviewer Development Stanzione, Tammy Description Ordinance approving amendments to the LDRs establishing the new Cultural District Overlay Zone Staff Report Exhibit A: Cultural District Overlay Zone Boundary Exhibit B: Proposed Cultural District Overlay Zone Exhibit C: Boynton each Boulevard Overlay Zone Boundary Exhibit D: Boynton each Boulevard Overlay Zone Code Amendments Exhibit E: Overlay Zone Waivers Action Date Approved 7/11/2017 ® 8:43 AM Page 201 of 452 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS AMENDING CHAPTERS 2, 3 AND 4 TO CONTINUE THE IMPLEMENTATION OF THE COMMUNITY REDEVELOPMENT PLAN WITH THE ESTABLISHMENT OF THE NEW CULTURAL DISTRICT OVERLAY ZONE REGULATING SITE DEVELOPMENT STANDARDS, ZONING USES, AND URBAN DESIGN STANDARDS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the CRA Plan (fka "the Consolidated Plan") was adopted on October 4, 2016; and WHEREAS, some recommendations of the Plan also include overlay zones intended to provide specific requirements pertaining to scale, design, and architecture for two geographic areas; and WHEREAS, the requirements modify some of the regulations of their underlying zoning districts; and WHEREAS, staff proposes these code amendments to further implement the CRA's Community Redevelopment Plan and to support continued quality development and redevelopment of the area; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations to continue implementation of the Community Redevelopment Plan with the establishment of the new Cultural District Overlay Zone regulating site development standards, uses and urban design standards. -1- Page 202 of 452 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 33 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 34 Section 1. The foregoing whereas clauses are true and correct and are now 35 ratified and confirmed by the City Commission. 36 Section 2. Chapter 2, Article 11, Planning and Zoning Division Services, 37 Section 4, Relief Applications, of the Land Development Regulations, is hereby amended 38 by adding the words and figures in underlined type, as follows: 39 Chapter 2, Art. 11. Planning and Zoning Division Services 40 Sec. 4. Relief Applications 41 ... 42 E. Waiver (Oze-ean-AvenueCultural District Overlay Zone and Boynton Beach Boulevard 43 Overlay Zone). 44 1 General. 45 a. Purpose and Intent. The purpose of this subsection is to provide an efficient relief 46 process to allow for deviations from certain requirements and standards of Chapter 47 3 and Chapter 4 as they pertain to the (kaean--AyenuCultural District Overlay 48 Zone (fG M-,z)/-,-CDOZ ) and Boynton Beach Boulevard Overlay Zone (BBBOZ). 49 The intent of this application is not to provide a means for circumventing any such 50 requirement or standard but to allow for a departure from the code upon 51 demonstration that the subject request satisfies the intent of the review criteria 52 contained herein. 53 b. Applicability. For property located within theOAo/-,-CDOZ or the BBBOZ, the 54 waiver process shall be available for deviations from any development and design 55 standards of Chapter 3, Article III, Section 8.D. 56 2. Submittal Requirements. The applicant shall submit a letter that addresses the 57 review criteria of Section 3.E.3. below, in addition to submitting any plans and 58 exhibits required by the accompanying site plan, whenever applicable. 59 3. Review Criteria. The applicant shall justify each waiver request as part of the 60 application for site plan or site plan modification. The applicant shall document the 61 nature of the request, the extent of its departure from the standard regulation, and the 62 basis for the request. The City may request additional information and documentation 63 from the applicant, such as a shared -parking study, or other type of performance 64 related analysis that further justifies the waiver request. The burden of proof shall be - 2 - Page 203 of 452 65 on the applicant to present a superior design alternative and demonstrate that the 66 application would further the purpose and intent of the Overlay Zone( -)M— 0Z and not 67 have any detrimental impact on adjacent properties or the surrounding area. 68 4. Approval Process. A waiver request may be approved by staff if the subject 69 request is reviewed concurrently with a minor site plan modification application, and 70 such application requires administrative review pursuant to the review criteria of 71 Section 2.F. above. Otherwise, the waiver application requires review by the City 72 Commission and shall be processed in accordance with Chapter 2, Article 1, Section 73 3. 74 5. Denial. Upon the denial of an application for relief hereunder, in whole or in part, 75 a period of one (1) year must elapse prior to the filing of the same or similar 76 application affecting the same property or any portion thereof, however, this 77 restriction shall not apply to applications which further the City's economic 78 development, workforce housing, or green building programs. 79 6. Expiration. A waiver shall remain valid as long as the corresponding site plan or 80 site plan modification approval remains in effect, or unless there is any amendment to 81 the original waiver. Any amendment to the original approval shall require application 82 for, and approval of, a new waiver. 83 84 Section 3. Chapter 3, Article III, Zoning Districts and Overlay Zones, Section 85 8, Overlay Zones, of the Land Development Regulations, is hereby amended by adding 86 the words and figures in underlined type, as follows: 87 Article III Zoning Districts and Overlay Zones 88 ... 89 Sec. 8. Overlay Zones. 90 1 D. o.Cultural District Overlay Zone 91 1. Purpose and Intent. The 0Cultural District Overlay Zone 92 ( ACDOZ) is comprised of multiple properties and a mix -- ftf e 93 of zoning districts that currently accommodates 94 residential (single-, two- and multi -family), commercial, and institutional land uses. The 95 CRA Redevelopment Plan recommends the Mixed Use Medium Future Land Use 96 Classification for a majority of the District, which allows a maximum density of fifty (50) 97 dwelling units per 98 99 -The remainder of the District is recommended for the Mixed use High Future 100 Land Use Classification and the corresponding maximum density of 80 dwelling units per 101 acre. -F4 4e 4 „a4ef 4, :"c u 4: 0 -3 - Page 204 of 452 110 a. Provide for a mix of selected commercial, residential, office, and entertainment 111 uses and activities, with an emphasis on arts and cultural ventures that will 112 encourage the adaptive re -use of existing buildings, restoration of historic 113 structures, and maintain and further enhance the pedestrian scale and historic 114 character -sere of the area; 115 b. Encourage the location of specialty retail, artist related uses and entertainment 116 establishments, along with--pedestrian-friendly improvements in�atis 117 that would complement and support relationships between the downtown district 118 and marina / waterfront attractionsenab 4- +rage-p,vi--mov n s 119 bet n -b si e a---an4-het _ m a_./..: =a t-_atter-tics-to the cast and 120 the cultural / civic to the west; 121 c. Initiate implementation of various recommendations contained within CRA 122 Redevelopment Plan related to fpr—o -fev-el fnent ~; 123 d. Stimulate greater awareness of and pride in the City's architectural, historical, and 124 cultural heritage; 125 4:-e.Ensure that redevelopment within this area, regardless of underlyingzoning oning 126district. will maintain an abbrobriate develobment scale: and 127 1 ff. Improve overall livability of the general area and stabilize and improve property 128 values 129 I 2. Defined. The 0- n --v - - eCultural District- Overlay Zone (A�CDOZ) shall be 130 bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by Seacrest 131 Boulevard, on the south by Southeast 2nd --14 Avenue, and on the north by Northeast 1st 132 133 134 3. Conflict. Unless deemed otherwise by the Planning & Zoning Director, tin the 135 event of any conflict between the provisions of the ,+ - +eCultural District 136 Overlay Zone and any other sections of the Land Development Regulations, the 137 provisions of this section shall prevail. These provisions shall not be construed to 138 supersede any federal, state, or county laws; 139 -ening di4-ie4 140 141 4. Uses--A4owed. Active commercial uses shall be required on the street frontage 142 of Ocean Avenue. - 4 - Page 205 of 452 143 a. Uses shall be determined by the underlying zoning distfict, see "Use 144 Matfix 145 of the following prohibited uses: 146 Accesso!y Dwelling Unit 147 Dwellim4, Single- family (detached) 148 Dwellim4, Two-family (duplex) 149 Auto Dealer, Ne 150 Auto Dealer, Used 151 Automotive 152 Boat Dealer/Rental 153 Cleaning Supply Store (Swimming Pool, Janitorial) 154 Convenience 155 Gasoline Station 156 Auto Broker 157 Automobile Rental 158 Automotive, Major Repair 159 Automotive, Minor Repair 160 Automobile Rental 161 Auto/Car Wash, Self- serve B 162 Furniture 163 Auto/Car Wash (Polishing, Waxing, Detailing) 164 Showroom warehouse (single -product line) 165 Merchandise, Used (Other) 166 Merchandise, New (Supercenter, Discount, Department, Club) 167 Home hnprovement Center 168 Automotive 169Coin-operated 170 Funeral Home 171 Pet Care (Boarding and Dgycare) 172 CeIete!y 173 Church 174 Civic 175 Group homes Type 1, 11, IH, and IV 176 177 School, Prima!y and Seconda!y 178 School, Industrial & Trade 179 180 Adult entertainment 181 Tempora!y employment agency 182 Tutofing Testing 183 Pfivate 184 Social 185 b. Any other automobile-ofiented use not listed above are prohibited. 186 (1) An "automobile oriented use" shall be construed as a business 187 which has a principal purpose of servicing an automobile or consists of 188 |a buildim4 tvve or feature which is designed for an automobile. / 5 - Page 206 of 452 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 c. Drive-throuahs are brohibited (1) Drive- throu hg s may only be permitted when the drive-thru not visible from anyright-of-ways, and (2) Drive-thrus must be designed to be completely behind a portion of the building or structure it serves. d. Live -work units are bermitted_ but may not front East Ocean Avenue or Seacrest Boulevard e. School Professional & Technical (1) Professional and technical schools allowed in the CDOZ are limited to those that teach the culinary and visual arts. f. Additionally, no lei, existing use shall be deemed non -conforming as a result of the CDOZ regulations. 5. Modified Building and Site Regulations - a -7). Development within this Overlay Zone, including proposed expansions and additions to existing structures shall be in accordance with the building and site regulations as follows: -6- Page 207 of 452 4U �S-1T-E.... Mi m -544e+ pr S+-11. ----- .1.5.1.�R -11. ----- .1.5.1:�R .eiw- 444e+ 444e+ -6- Page 207 of 452 a�-nit.-1�•�1�-���ai��-�s-slava-i�-�i91��.k. ....s��;-s=E:3a_=�;.....g—a� ,�ta-S:-C-�., �;;- � ` s MODIFIED BUILDING/SITE REGULATIONS' Cultural District OverlaI7 Zone Minimum Lot Area: 10,000 square feet Minimum Lot Frontage: 100 feet Pedestrian zone: Minimum street tree area': 5 feet *Measured from the back of curb Minimum sidewalk width2: 8 feet clear *Measured from the centerline of street trees Minimum active area width: (Applicable to Ocean Avenue, Seacrest Boulevard, 8 feet' *Measured from edge of the sidewalk NE/SE lgt Street, and NE/SE 3 d Street frontages) Overhead utilities: Must be undergounded in conjunction with any new development or major modification of existing developments. Build -to line: Abuts the pedestrian zone Minimum building frontage (Applicable to Ocean Avenue, Seacrest Boulevard, 75% of the lot frontage must be occupied by structure adjacent to the pedestrian zone NE/SE lgt Street, and NE/SE 3 d Street frontages) Maximum structure height': See CorrespondingZoning oning District Ocean Avenue Seacrest Boulevard AU properties abutting or adjacent to SE 2nd 35 feet consistent for a depth of a minimum of 30 feet 35 feet consistent for a depth of a minimum of 10 feet. For every 50 feet above 35 feet in height an additional 10 feet stepback is required. 35 feet Avenue Minimum structure height': Ocean Avenue 30 feet On -street narking: Required where possible and in accordance with the Ci 's Engineering Standards. Minimum lard setbacks: Rear: 10 feet Interior side: 0 feet4 Minimum Public Space: 1% of lot area Page 208 of 452 208 209 ' No legally existing building or structure shall be deemed non-conforming with respect to setbacks, lot coverage, or building height. 2 Sidewalks shall be constructed of Holland-stone pavers, red/charcoal color mix by Paver Systems, Inc., or equal, laid in a 4S herringbone pattern s Canoe trees 1 per 25 feet 4Minimum interior side setback and maximum height standards may require reductions when adjacent to registered historic structures. 5 Permanent structures such as columns, balconies, and walls are not permitted within the required active area. -8- Page 209 of 452 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 -existiaa49&aaa�ae ' 11 d£ daaiaatha s a..a..: a1 lae l said a s = fen 9�aea lea aad' 44..: ias$d s; a= c4 d...s a1 r11 &aaaaaa....ad...aa a air s alp r 1 i 1 ea 3 44_5= is t--exeec 4fe�-+',)4-s 4es7 -----6. Accessory Structures. a. --------- TiT (1) Fences -along the fFent of t4e ^°-^^^� street frontages are not permitted on East Ocean Avenue or Seacrest Boulevard. (2) Fences along any street frontage shall not exceed three (3) feet in height. (3) Any fence that is proposed in the remainder of the District eve+, shall be decorative in nature chain link, board on board, shadowbox, and similar types of fences are expressly prohibited. e% -b. --------- All parking, mechanical equipment, trash containers, and miscellaneous equipment shall be landscaped to be screened from view. 7. Building Design. 232 1 a. Buildings in the Cultural District Overlay Zone (CDOZ) shall reflect a Coastal Village std -9- Page 210 of 452 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 of architecture, consisting primarily of hip and/or gable roof, rectilinear forms with stepbacks, porches, and building articulation. This style derives its character from various elements associated with the Key West Vernacular and Bungalow s _tyles of architecture found throughout South Florida. Overhangs for pedestrian canopies and visual interest should be incorporated whenever possible. Overhead structuresatg wUs, and arches, help define space, provide pedestrian comfort, and reinforce character and identity. b. Additions and Modifications to Existing Buildings-imd-,` + mss. All building additions shall be sensitive to the original building design relative to the architectural style, building materials/components and treatments, and proportions. 98a�i c 1 ate=es;ta: ..&ac ala,:..€=she 1i4ag mkt aaa gag , tail 1 lea e a4.. �&aa E gat i1 h aala ;- 4e • - ;-dl��l��� i e - �° � :�:..€�=fie:- - cap-te; - ° �a�ir�a;�at.m - 'sty �' � •tai-���-�a=E:e:=i�la ' �= �:x--r' - ° -r�taa •. _ ��;i �4 �a�;-��a • _ .,ti�...slaa- 4�: • - y -�. �a�il�;-�- � •°�aga_��.,--s��° �, as itf, � ,�i-f�a�-�a=E:�-l�a�-=---�;-&ai • s=-a�at�;gra�=she: 1` - �;r-;��4..i:...�=a-r- �.t.�...N�:-° 'tames-° �:a-�a=-a=�;i �4-�a�;-��a • - .,ta�...sha-1:-�a �.rt. „u..i�. ash-�_�a�;�a�a�;a�_tla-i�a;�4...a�a-�1��;--�-��-E.;-ala-e-�;.. its-ai-i"�t�;g�i e =Vie: -lair - �' � •tai-��c�-�a-E:....a ' -s Fenestration Requirements Ground -level building facade occupied by transparent window or door openings (minimum area) Street Frontage Commercial Mixed -Use Developments (%) Residential Development Ocean Avenue 502 SE 2nd Avenue 30 Seacrest Boulevard 502 30' NE/SE lgt Street 502 NE/SE 3 d Street 502 NOTES: 1. These standards also apply to M portion of a Bound -level facade facingacouLtyard or ap tio. 2. To count toward this transparency requirement, a window or door opening must have a maximum sill height of 2 feet above Bade and a minimum head height of 6 feet, 8 inches above rg ade. - to - Page 211 of 452 263 (1) Any transparent window and door openings occupying a ground -level 264 street -facing building facade shall comply with the following standards: 265 i. The opening shall be filled with glazing that has a minimum 266 visible light transmittance of 75 percent and a maximum reflectance 267 of 15 percent. 268 ii. The opening shall be designed to allow view of an interior space 269 at least five feet deep (e.g., transparent openings may include 270 traditional storefront display windows, but not merely glass display 271 cases). The view into a commercial use shall not be permanently 272 obstructed by screens, shades, shutter, or opaque films applied to 273 the glazing. 274 275 d. RESERVED- Architectural Guidelines: Coastal Village 276 277 8.4Parking. 278 a. Minimum Number of Required Spaces. The minimum number of required off - 279 street parking spaces shall be calculated in accordance with Chapter 4, Article V, 280 Section 2 above; however, the total number of required spaces may be reduced by 281 I up to fifty percent (50%) for all new developments, excluding residential 282 projects. When two (2) or more adjacent property owners combine their off-street 283 parking in accordance with the code and construct a shared parking facility with 284 common access drives, the total number of required off-street parking spaces may 285 be reduced by an additional ten percent (10%). 286 287 b. Allowable Location of Off -Street -Parking Spaces. 288 LL_The intent of the CIDOZ is to screen off-street parking areas from abutting 289 rights-of-way and locate buildings along front and side corner property lines. T-4 290 °94herefore, on-site -- _ ai _ _ t _ _ ._ parking areas shall be 291 located within rear and side interior yards for all new projects and those in which 292 parking areas would be altered to accommodate a proposed building renovation 293 or expansion. 294 { 2 E-P_xisting parking areas for existing developments may remain if 295 the spaces are unaltered as part of any building renovation or expansion. In these 296 instances, the existing off-street parking area shall be substantially screened 297 from off -premises by a hedge, decorative fencing, arcades, or a combination 298 thereof, provided that such proposal remains consistent _ _ 299 _ 1 .with the intent of the CIDOZ, and to the standards of the 300 urban landscape code to the maximum extent possible. Any deviation from the 301 above standards would require the approval of a waiver in accordance 302 with Chapter 2. Article II, Section 4.E. 303 I 3 If one hundred percent (100%) of the required off-street parking spaces 304 cannot be provided on-site, they may be provided at an off-site location provided 305 the following conditions are met: 1) the proposed location is not farther than five 306 hundred (500) feet from the subject property as measured by a straight line from 307 a point on the boundary of the property to the closest boundary line of the 308 I property to be leasedoand 2) the off-site location is owned or leased by the - 11 - Page 212 of 452 309 owner or operator of the subject business or property owner. _ . 310 _ _€ _ ° r"°�°f �" The parent business 311 property shall be posted with signage indicating the location of the off-site 312 parking spaces. All spaces provided by the property/business owner on and off - 313 site shall be maintained as unreserved, unrestricted parking available to the 314 public, except designated handicap spaces required by law. 315 C. Exceptions to Providing Required Parking. See Chapter 4, Article V, Section 4.A. 316 for additional provisions regarding exceptions to providing required off-street 317 parking. 318 319 na ,... nage ..e stg xSee...�9a�e� 320 r- t4ations ate: mc4aa rec tg -e, 321 9. -;gym Signage and Exterior Lighting Standards. 322 a. Signs allowed within the Cultural District _. _ _ Overlay Zone shall be 323 externally illuminated only, and be limited to c y i= =;:n_ tea; -qty -' e 324 _ °; _ - r- : _ _., wall mounted, and/ projecting signs. 325 b. The size of wall mounted signs shall be calculated at one-half (0.5) square foot 326 of sign area per one (1) lineal foot of building frontage measured along the main 327 building entrance. 328 I C. Projecting signs are only permitted on the first floor. Projecting signs and 329 mounting brackets shall be decorative in nature, and the sign face shall not exceed 330 -s°--five (5) square feet in size. 331 d. Undercanopy signs are permitted one per doorway and shall not exceed 3 332 square feet each. All undercanopy signs must have a minimum clearance of 8' 333 e. A -frame signs are permited when included and reviewed as a part of an overall 334 Sign Program. 335 f. Prohibited sign types: Freestanding signs, roof mounted signs, any signs above 336 35 feet (first 3 stories), animated, or moving signs. 337 9. All Mixed-use developments are required to provide a plan for parking signage 338 to maximize awareness of and access to public parking locations. 339 h. General lighting of the site shall harmonize with and blend into 340 residential/mixed use environment. Ground lighting and up lighting of the building 341 and landscaping is encouraged. However, when the use of pole lighting is necessary, 342 the fixture height shall not exceed fifteen (15) feet, be decorative in nature and 343 compatible with the color and architecture of the building. 344 345 346 Section 4. Chapter 3, Article IV, Use Regulations, D. Use Matrix (Table 3- 347 28), Footnotes of the Land Development Regulations, is hereby amended by adding the 348 words and figures in underlined type, as follows: 349 D. Use Matrix (Table 3-28). -12 - Page 213 of 452 350 Footnotes 351 I 18. 0eean-Avenue.Cultural District Overlay Zone. 352 a. This use is allowed in this zoning district only when proposed on a lot located 353 within the Cultural District- Overlay Zone (CD04OZ). r 4 354 355 ,,., r,wc , 356 ii a1�ile 357 358 359 360 4,...... - '° __ala i... a o 1 4,�A 7are.-Itho ` hat 361 g, c� 362 363 364 365 Section 5. Chapter 4, Site Development Standards, Article V, Minimum Off- 366 Street Parking Requirements, Section 4, of the Land Development Regulations, is hereby 367 amended by adding the words and figures in underlined type, as follows: 368 Sec. 4. Exceptions to Providing Required Off -Street Parking. 369 A. Adaptive Re -Use. 370 1. Applicability. The following described areas shall be eligible for specific parking 371 reductions based upon adaptive re -use, including modifications, of existing buildings: 372 I a. Qx Cultural District Overlay Zone (0 , " �CDOZ ), as defined in 373 Chapter 3, Article III, Section 8.D. 374 b. No additional parking shall be required where: 375 (1) The structure is enlarged in a manner not exceeding a cumulative total of 376 one hundred percent (100%) of the existing gross floor area; or 377 (2) The capacity of the structure is increased by adding subordinate dwelling 378 units or floor area within the existing building envelop; or 379 (3) The use of a structure is changed; or 380 (4) The number of seats for eating and drinking establishments is increased by 381 up to fifty percent (50%) of the existing total or up to forty (40) seats are 382 provided where the previous use had none. 383 384 Section 6. Should any section or provision of this Ordinance or any portion 385 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall -13 - Page 214 of 452 386 not affect the remainder of this Ordinance. 387 Section 7. Authority is hereby given to codify this Ordinance. 388 Section 8. This Ordinance shall become effective immediately. 389 FIRST READING this day of , 2017. 390 SECOND, FINAL READING AND PASSAGE this day of 391 2017. 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 ATTEST: 408 409 410 411 Judith A. Pyle, CMC 412 City Clerk 413 414 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE -14- Page 215 of 452 DEPARTMENT U. tPLANNING AND ZONING Memorandum PZ 17-014 : Chair and Members Planning & Development Board FROM: Amanda BassielyJr r ' Senior Planner—/j .an Designer THRU: Michael Rumpft" � �I Planning and Zoning Director ATE: March 13, 2017 Amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Cultural District Overlay Zone and the Bourton Beach Blvd Overlay Zone regulating site development standards, uses, and urban design standards. The rewrite of the City's land development regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would continue the implementation of the newly adopted CRA Community Redevelopment Plan. _1_ Page 216 of 452 EXPLANATION The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016. Comprehensive implementation of the Plan will require a full "audit" and subsequent revisions of existing zoning and other land development regulations, to be completed by the end of 2017. However, some recommendations have immediate application to pending development projects and will therefore be implemented incrementally as needed. These recommendations include overlay zones intended to provide specific requirements pertaining to scale, design, and architecture for two geographic areas. The requirements modify some of the regulations of their underlying zoning districts. Proposed Cultural District Overlay Zone The Cultural District Overlay Zone (CDOZ) encompasses the entire Cultural District, bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by Seacrest Boulevard, on the south by Southeast 2nd Avenue, and on the north by Northeast 1st Avenue. The Cultural District is envisioned to be the principal hub for the City's civic uses, public spaces and events. Since this area is essential to exhibiting and experiencing Boynton Beach's unique character, setting the appropriate scale, design, and architecture is crucial to its success. There is currently an "Ocean Avenue Overlay Zone" on a portion of the District. The proposed amendments revise the existing overlay to be consistent with the vision outlined in the CRA Plan. The proposed overlay zone enables further regulations to specifically address the goals of the District. The amendments focus on the four key areas: 1. Uses The overlay restricts specific uses that are not consistent with the goals of the district; most notably, it prohibits auto -oriented uses to promote pedestrian -friendly environment. At the same time, staff recognizes that there are existing uses that may not comply with the proposed standards. The overlay regulations specify that no such uses shall be deemed non -conforming. 2. Site Development Standards This section modifies the Site Development Standards of each underlying zoning district. The amendments comprise the requirement for a "pedestrian zone" along major roadways to include regulations on street trees, sidewalks, and active areas as well as street frontages, maximum and minimum building heights, build -to -lines, and setbacks. 3. Building design /Architecture The proposed overlay utilizes, preserves and enhances the existing architectural character of the District by implementing building design standards. Buildings within the Cultural District Overlay Zone should reflect a Coastal Village style of architecture, consisting primarily of hip and/or gable roofs, rectilinear forms with stepbacks, porches, and -2- Page 217 of 452 building articulation. This style derives its character from various elements associated with the Key West Vernacular and Bungalow styles of architecture, found throughout Boynton Beach and South Florida. Overhangs for pedestrian canopies and visual interest should be incorporated whenever possible. Overhead structures such as gateways and arches help define space, provide pedestrian comfort, and reinforce character and identity. New structures will be constructed with the pedestrian building entries oriented towards the street, and will be sensitive to the scale, massing and design envisioned in the CRA Redevelopment Plan. 4. Signage and Exterior Lighting Standards The overlay permits wall signs, limited projecting signs, undercanopy signs, and decorative pedestrian and street lighting. The proposal also requires all mixed-use developments to provide a clear plan for parking signage. Proposed Boynton Beach Boulevard Overlay Zone Prior to its inclusion in the 2016 CRA Community Redevelopment Plan, Boynton Beach Boulevard did not have an adopted plan to help guide the development of the area. The Boulevard should acts as a welcoming and attractive entry to the City and as the entry to the City's Downtown. The CRA Plan recommends the Mixed Use Low, Mixed Use Medium, and Mixed Use High Future Land Use classifications along the boulevard, increasing in intensity as the District approaches Downtown. The overall intent of the overlay is to encourage the location of restaurant, retail, office, and entertainment establishments, along with pedestrian -friendly improvements that would complement and support the Downtown. The overlay also strives to maintain a consistent character while improving overall livability of the general area and stabilizing/ improving property values. The Boynton Beach Boulevard Overlay Zone (BBBOZ) will encompass the length of Boynton Beach Boulevard, bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by I-95, on the south by Northeast and Northwest 1 st Avenue, and on the north by Northeast and Northwest 3rd Avenue and Northwest 3rd Court. The proposed BBBOZ is generally outlined in the same manner as the CDOZ; it addresses four key areas: 1. Uses The proposed overlay restricts specific uses that are not consistent with the goals of the district and further regulate locations of certain other uses. For example, in an effort to preserve an attractive and pedestrian -friendly streetscape, drive-through uses are permitted only when completely screened from the right-of-way. Staff recognizes that there are existing uses that may not comply with the proposed standards. The overlay regulations specify that no existing use shall be deemed non -conforming. 2. Site Development Standards -3- Page 218 of 452 This section modifies the Site Development Standards of each underlying zoning district. Similarly to the CDOZ, the amendments include the requirement of a "pedestrian zone" along major roadways. Also included are regulations on street frontages and build -to - lines to maximize the appearance of a `street wall', maximum and minimum building heights to create consistency over the varying land uses, and stepbacks and setbacks to protect adjacent neighborhoods and public areas. 3. Building design /Architecture The design portion of the BBBOZ focuses on Urban Design's standards that ensure buildings are oriented towards Boynton Beach Boulevard and require building fenestrations and wall articulation. 4. Signage and Exterior Lighting Standards The BBBOZ builds on the CDOZ by allowing monument signs on prominent parcels along Boynton Beach Boulevard. Signs' height, area and orientation are regulated to ensure they are compatible with the District's goals. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to further implement the CRA Community Redevelopment Plan and to support continued quality development and redevelopment of the area. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-001 CDOZ\Staff Report Draft-CDOZ BBBOZ.doc M! Page 219 of 452 Exhibit A: Cultural District Overlay Zone Boundary Mm Page 220 of 452 a 0 z O w W z O N a �c W O H V H 0 4 N LO 4- 0 N N N O1 Exhibit B: Proposed Cultural District Overlay Zone Code Amendments New Page 222 of 452 Part III LDR Chapter 3. Zoning Article III Zoning Districts and Overlay Zones Sec. 8. Overlay Zones. D. _ ? Cultural District Overlay Zone 1. Purpose and Intent. The Cultural District Overlay Zone ( CDOZ) is comprised of multiple properties czLncl a mix of zoning districts that currently accommodates residential (single-, two- and multi -family), commercial, and institutional land uses. The CRA Redevelopment Plan recommends the Mixed Use Medium Future Land Use Classification for a majority of the District, which allows a maximum density of fifty (50) dwelling units per acre. -K-& , , ` :r -t ;7 ,� ,+,° -The remainder of the District is recommended for the Mixed use High Future Land Use Classification and the corresponding maximum density of 80 dwelling units per ac"pf{ � .. J k-�.rr xrr�.-ea°crr.�w-ey- ?rrerrr-zs-�.. • x-7 purpose and intent of the CD OZ are as follows: a. Provide for a mix of selected commercial, residential, office, and entertainment uses and activities, with an emphasis on arts and cultural ventures that will encourage the adaptive re- use of existing buildings, restoration of historic structures, and maintain and further enhance the pedestrian scale and historic character s.. -4e of the area; b. Encourage the location of specialty retail, artist related uses and entertainment establishments, along with -pedestrian-friendly improvements 4++,a �°., �� s that would complement and support relationships between the downtown district and marina / waterfront attractions afK-1--e.. R 1`Ti'&' , fC.•J" l'"� s r _ J.X�'�."� t'"� rt YPT� ^° te4r-^�t- �{- � ^��to the cast and the cultural / civic campusa4-' °'t49 to the west; c. Initiate implementation of various recommendations contained within CRA Redevelopment Plan related to e-��rr; d. Stimulate greater awareness of and pride in the City's architectural, historical, and cultural heritage; d -e. Ensure that redevelopment within this area, regardless of underlying zoning .. district, will maintain an appropriate development scale; and -ef. Improve overall livability of the general area and stabilize and improve property values. 2. Defined. The Cultural District- Overlay Zone ( CDOZ) shall be bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by Seacrest Boulevard, on the south by Southeast 2nd4."' Avenue, and on the north by Northeast 1st Avenue,"" -e ,rs-t-4-st Page 223 of 452 Orv�tFr, r+ + tF 11� +F II tFn r+� +n `` + � 3. Conflict. Unless deemed otherwise by the Planning & Zoning Director, din the event of any conflict between the provisions of the .. - Cultural District Overlay Zone and any other sections of the Land Development Regulations, the provisions of this section shall prevail. These provisions shall not be construed to supersede any federal, state, or county laws; and eF aRY FeZeRiRg e{ -•— 4. Uses-Ad�. Active commercial uses shall be required on the street frontage of Ocean Avenue. a. Uses shall be determined by the underlving zoning district. see "Use Matrix Table 3-28" in Chaoter 3. Article IV. Section 3.D. with the exception of the following prohibited uses: Accessory Dwelling Unit Dwelling, Single- family (detached) Dwelling, Two-family (duplex) Auto Dealer, New Auto Dealer, Used Automotive Parts Store Boat Dealer/Rental Cleaning Supply Store (Swimming Pool, Janitorial) Convenience Store Gasoline Station Auto Broker Automobile Rental Automotive, Major Repair Automotive, Minor Repair Automobile Rental Auto/Car Wash, Self- serve Bay Furniture & Home furnishing Auto/Car Wash (Polishing, Waxing, Detailing) Showroom warehouse (single -product line) Merchandise, Used (Other) Merchandise, New (Supercenter, Discount, Department, Club) Home Improvement Center Automotive Window Tinting/Stereo Installation/Alarms Coin-operated Laundry Funeral Home Pet Care (Boarding and Daycare) Cemetery Church Civic & Fraternal Club/ Organization Group homes Type I, II, III, and IV College, Seminary, University School, Primary and Secondary School, Industrial & Trade Shooting Range, Indoor Adult entertainment Temporary employment agency Tutoring or Testing Center Page 224 of 452 Private Parking Lots Social service agency b. Any other automobile -oriented use not listed above are prohibited. (1) An "automobile oriented use" shall be construed as a business which has a principal purpose of servicing an automobile or consists of a building type or feature which is designed for an automobile. c. Drive-throughs are prohibited. (1) Drive- throughs may only be permitted when the drive-thru not visible from any right-of-ways; and (2) Drive-thrus must be designed to be completely behind a portion of the building or structure it serves. d. Live -work units are permitted, but may not front East Ocean Avenue or Seacrest Boulevard e. School. Professional & Technical (1) Professional and technical schools allowed in the CDOZ are limited to those that teach the culinary and visual arts. Additionallv. no legally. existing use shall be deemed non -conforming as a result of the CDOZ regulations. amsn�+,�I�, ��f C�,,�+E„�, H iE er r mmmmm m- m r -- cte r ra m mmmm .mmmmmmmmmmmm z Page 225 of 452 -------5. Modified Building and Site Regulations _. .:. Development within this Overlay Zone, including proposed expansions and additions to existing structures shall be in accordance with the building and site regulations as follows: Minimum Lot Area: 10,000 square feet Minimum Lot Frontage: 100 feet Pedestrian zone: Minimum street tree area': 5 feet *Measured from the back of curb Minimum sidewalk width': 8 feet clear *Measured from the centerline of street trees Page 226 of 452 Minimum active area width: 8 feet' (Applicable to Ocean Avenue, Seacrest Boulevard, *Measured from edge of the sidewalk NE/SE 15T Street, and NE/SE 3rd Street frontages) Overhead utilities: Must be undergrounded in conjunction with any new development or major modification of existing developments. Build -to line: Abuts the pedestrian zone Minimum building frontage 75% of the lot frontage must be occupied by (Applicable to Ocean Avenue, Seacrest Boulevard, structure adjacent to the pedestrian zone NE/SE 15T Street, and NE/SE 3rd Street frontages) Maximum structure height': See Corresponding Zoning District Ocean Avenue 35 feet consistent for a depth of a minimum of 30 feet Seacrest Boulevard 35 feet consistent for a depth of a minimum of 10 feet. For every 50 feet above 35 feet in height an additional 10 feet stepback is required. Any properties abutting or adjacent to SE 2nd 35 feet Avenue Minimum structure height': Ocean Avenue 30 feet On -street parking: Required where possible and in accordance with the City's Engineering Standards. Minimum yard setbacks: Rear: 10 feet Interior side: 0 feet4 Minimum Public Space: 1% of lot area 1 No legally existing building or structure shall be deemed non -conforming with respect to setbacks, lot coverage, or building height. z Sidewalks shall be constructed of Holland -stone pavers, red/charcoal color mix by Paver Systems, Inc., or equal, laid in a 4S herringbone pattern 3 Canopy trees are required 1 per 25 feet 4 Minimum interior side setback and maximum height standards may require reductions when adjacent to registered historic structures. ' Permanent structures such as columns, balconies, and walls are not permitted within the required active area. Page 227 of 452 Page 228 of 452 -•-6. Accessory Structures. a .------- , Fences: (1) Fences -along +H.. fFeRt of the pE p...+., street frontages are not permitted on East Ocean Avenue or Seacrest Boulevard. , (2) Fences along any street frontage shall not exceed three (3) feet in height. L�LAny fence that is proposed in the remainder of the District 4,,w-ev�, shall be decorative in nature. , Walls, chain link, board on board, shadowbox, and similar types of fences are expressly prohibited. ;b. ---------- All parking, mechanical equipment, trash containers, and miscellaneous equipment shall be landscaped to be screened from view. ----47. Building Design. a. Buildings in the Cultural District Overlay Zone (CDOZ) shall reflect a Coastal Village style of architecture, consisting primarily of hip and/or gable roof, rectilinear forms with stepbacks, porches, and building articulation. This style derives its character from various elements associated with the Key West Vernacular and Bungalow styles of architecture found throughout South Florida. Overhangs for pedestrian canopies and visual interest should be incorporated whenever possible. Overhead structures gateways, and arches, help define space, provide pedestrian comfort, and reinforce character and identity. Redevelopment Plan 4 b. Additions and Modifications to Existing Buildings * 4* -e . All building additions shall be sensitive to the original building design relative to the architectural style, building materials/components and treatments, and proportions.' Page 229 of 452 C. Fenestration Reauirements Ground -level building facade occupied by transparent window or door openings (minimum area) Residential Commercial Mixed -Use Street Frontage Development Developments (%) a Ocean Avenue 502 SE 2nd Avenue 30 Seacrest Boulevard 502 301 NE/SE 1" Street 502 NE/SE 3rd Street 502 NOTES: 1. These standards also apply to any portion of a ground -level facade facing a courtyard or patio. 2. To count toward this transparency requirement, a window or door opening must have a maximum sill height of 2 feet above grade and a minimum head height of 6 feet, 8 inches above grade. (1) Any transparent window and door openings occupying a ground -level street -facing building facade shall comply with the following standards: i. The opening shall be filled with glazing that has a minimum visible light transmittance of 75 percent and a maximum reflectance of 15 percent. ii. The opening shall be designed to allow view of an interior space at least five feet deep (e.g., transparent openings may include traditional storefront display windows, but not merely glass display cases). The view into a commercial use shall not be permanently obstructed by screens, shades, shutter, or opaque films applied to the glazing. d. RESERVED- Architectural Guidelines: Coastal Village 8.- Parking. a. Minimum Number of Required Spaces. The minimum number of required off-street parking spaces shall be calculated in accordance with Chapter 4, Article V, Section 2 above; however, the total number of required spaces may be reduced by up to fifty percent (50%) for all new developments, excluding -residential projects. When two (2) or more adjacent property owners combine their off-street parking in accordance with the code and construct Page 230 of 452 a shared parking facility with common access drives, the total number of required off-street parking spaces may be reduced by an additional ten percent (10%). b. Allowable Location of Off -Street -Parking Spaces. LLLThe intent of the CD OZ is to screen off-street parking areas from abutting rights-of- way and locate buildings along front and side corner property lines. T- . ` herefore, on- site --parking areas shall be located within rear and side interior yards for all new projects and those in which parking areas would be altered to accommodate a proposed building renovation or expansion. 2 E -existing parking areas for existing developments may remain if the spaces are unaltered as part of any building renovation or expansion. In these instances, the existing off-street parking area shall be substantially screened from off -premises by a hedge, decorative fencing, arcades, or a combination thereof, provided that such proposal remains consistent with the intent of the CD OZ, and to the standards of the urban landscape code to the maximum extent possible. Any deviation from the above standards would require the approval of a waiver in accordance with Chapter 2. Article II, Section 4.E. } 3 If one hundred percent (100%) of the required off-street parking spaces cannot be provided on-site, they may be provided at an off-site location provided the following conditions are met: 1) the proposed location is not farther than five hundred (500) feet from the subject property as measured by a straight line from a point on the boundary of the property to the closest boundary line of the property to be leased, and 2) the off-site location is owned or leased by the owner or operator of the subject business or property ownThe parent business property shall be posted with signage indicating the location of the off-site parking spaces. All spaces provided by the property/business owner on and off-site shall be maintained as unreserved, unrestricted parking available to the public, except designated handicap spaces required by law. c. Exceptions to Providing Required Parking. See Chapter 4, Article V, Section 4.A. for additional provisions regarding exceptions to providing required off-street parking. ----------- 9.40, Signage and Exterior Lighting Standards. a. Signs allowed within the Cultural District Overlay Zone shall be externally illuminated only, and be limited to ,i �t--44 _°ra ' * �£ 'C wall mounted, and projecting signs. b. The size of wall mounted signs shall be calculated at one-half (0.5) square foot of sign area per one (1) lineal foot of building frontage measured along the main building entrance. c. Projecting signs are only permitted on the first floor. Projecting signs and mounting brackets shall be decorative in nature, and the sign face shall not exceed five (5) square feet in size. d. Undercanopy signs are permitted one per doorway and shall not exceed 3 square feet each. All undercanopy signs must have a minimum clearance of 8' e. A -frame signs are permited when included and reviewed as a part of an overall Sign Program. f. Prohibited sign types: Freestanding signs, roof mounted signs, any signs above 35 feet (first 3 stories), animated, or moving signs. Page 231 of 452 g. All Mixed-use developments are required to provide a plan for parking signage to maximize awareness of and access to public parking locations. h®General lighting of the site shall harmonize with and blend into residential/mixed use environment. Ground lighting and up lighting of the building and landscaping is encouraged. However, when the use of pole lighting is necessary, the fixture height shall not exceed fifteen (15) feet, be decorative in nature and compatible with the color and architecture of the building. Page 232 of 452 Part III LDR Chapter 3 Zoning Article IV Use Regulations D. Use Matrix (Table 3-28). Footnotes 18. ea++ r Cultural District Overlay Zone. a. This use is allowed in this zoning district only when proposed on a lot located within the Cultural District - e + -� Overlay Zone (CD OZ). 'c�--'........'ere r`p`- �srri".. `-r-ac--r".,.r-r'".. `�a�s=r,:rr-cA•vrc "ii a-�rp �J E'EN - "'PC Y J w 'YC. "LAC�":rv..'1`Yi2 .. I •. Page 233 of 452 Part III LDR Chapter 4 Site Development Standards Article V Minimum Off -Street Parking Requirements Sec. 4. Exceptions to Providing Required Off -Street Parking. A. Adaptive Re -Use. 1. Applicability. The following described areas shall be eligible for specific parking reductions based upon adaptive re -use, including modifications, of existing buildings: a. Cultural District Overlay Zone (CDOZ ),as defined in Chapter 3, Article III, Section 8.D. b. No additional parking shall be required where: (1) The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or (2) The capacity of the structure is increased by adding subordinate dwelling units or floor area within the existing building envelop; or (3) The use of a structure is changed; or (4) The number of seats for eating and drinking establishments is increased by up to fifty percent (50%) of the existing total or up to forty (40) seats are provided where the previous use had none. Page 234 of 452 Exhibit C: Boynton Beach Boulevard Overlay Zone Boundary Page 235 of 452 a 0 z 0 O m W z O N a oc W O J m V a W m z O H z d C C n18 4SOJOBOS, TN N LO O co N N 0) m 0— 4s V; SMS d_ alow - 0 0 Z *' N LO O co N N 0) m 0— Exhibit D: Boynton Beach Boulevard Overlay Zone Code Amendments 9:9 Page 237 of 452 Part III LDR Chapter 3. Zoning Article III Zoning Districts and Overlay Zones Sec. 8. Overlay Zones. F. Boynton Beach Boulevard Overlay Zone 1. Purpose and Intent. The Boynton Beach Boulevard Overlay Zone (BBBOZ) is comprised of multiple Droaerties and a mix of zoning districts that currentiv accommodates Drimarilv commercial. residential (single-family), and institutional land uses. The CRA Redevelopment Plan recommends the Mixed Use Low, Mixed Use Medium, and Mixed Use High Future Land Use Classification along Boynton Beach Boulevard, increasing in intensity as the District approached Downtown. The purpose and intent of the BBBOZ are as follows: a. Provide for a mix of selected commercial, residential, and office uses, with an emphasis on employment and entertainment uses that will encourage redevelopment of underutilized property and enhance the pedestrian scale and character of the area; b. The western area is to act as a welcoming and attractive entry to the City, while the eastern area is to act as the entry to the City's Downtown; c. Encourage the location of restaurant, retail, office, and entertainment establishments, along with pedestrian -friendly improvements that would complement and support the r)nwntnwn_ d. Continue implementation of various recommendations contained within CRA Redevelopment Plan related to; e. Ensure that redevelopment within this area, regardless of underlying zoning district, will maintain a consistent character; and f. Improve overall livability of the general area and stabilize and improve property values. 2. Defined. The Boynton Beach Boulevard Overlay Zone (BBBOZ) shall be bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by NW 5th Street, further by Interstate 95, on the south by NE and NW 15t Avenue, and on the north by NE 3rd Avenue and NW 3rd Court. 3. Conflict. Unless deemed otherwise by the Planning & Zoning Director, in the event of any conflict between the Drovisions of the Bovnton Beach Boulevard Overlav Zone and anv other sections of the Land Development Regulations, the provisions of this section shall prevail. These provisions shall not be construed to supersede any federal, state, or county laws 4. Uses: Active commercial uses shall be required on the street frontage of Boynton Beach Boulevard. Page 238 of 452 a. Uses shall be determined by the underlvin2 zoning district. see "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D, with the exception of the following prohibited uses: Accessory Dwelling Unit Dwelling, Single-family (detached) Dwelling, Two-family (duplex) Auto Dealer, New Auto Dealer, Used Automotive Parts Store Boat Dealer/Rental Cleaning Supply Store (Swimming Pool, Janitorial) Convenience Store Gasoline Station Auto Broker Automobile Rental Automotive, Maior Repair Automotive, Minor Repair Automobile Rental Auto/Car Wash, Self- serve Bay Furniture & Home furnishing, unless integrated into a mixed use development Auto/Car Wash (Polishing, Waxing, Detailing) Showroom warehouse (single -product line) Merchandise, Used (Other) Merchandise, New (Supercenter, Discount, Department, Club) Home Improvement Center Automotive Window Tinting/Stereo Installation/Alarms Coin-operated Laundry Funeral Home Pet Care (Boarding and Daycare) Cemetery Church Civic & Fraternal Club/ Organization Group homes Type I, II, III, and IV College, Seminary, University School, Primary and Secondary School, Industrial & Trade Shooting Range, Indoor Adult entertainment Temporary employment agency Social service agency All Industrial Uses b. Any other automobile -oriented use not listed above are prohibited. (1) An "automobile oriented use" shall be construed as a business which has a principal purpose of servicing an automobile or consists of a building type or feature which is designed for an automobile. c. Drive-throughs are prohibited. (1) Drive- throughs may only be permitted when the drive-thru not visible from any right- of-ways; and Page 239 of 452 (2) Drive- throughs must be designed to be completely behind a portion of the building or structure it serves. d. Live -work units are permitted, but may not front Boynton Beach Boulevard or Seacrest Boulevard. e. Additionally, no legally, existing use shall be deemed non -conforming as a result of the BBBOZ regulations. Page 240 of 452 5. Modified Building and Site Regulations. MODIFIED BUILDING/SITE REGULATIONS' Boynton Beach Boulevard Overlay Zone Minimum Lot Area: 0.75 acre Minimum Lot Frontage: Boynton Beach Boulevard 150 feet Pedestrian zone: Minimum street tree area3: 5 feet *Measured from the back of curb Minimum sidewalk widthz: 8 feet clear *Measured from the centerline of street trees Minimum active area width: (Applicable to Boynton Beach Boulevard and Seacrest Boulevard street frontages) 8 feet4 *Measured from edge of the sidewalk Overhead utilities: Must be undergrounded in conjunction with any new development or major modification of existing developments. Build -to line: Abuts the pedestrian zone Minimum building frontage: (Applicable to Boynton Beach Boulevard, Seacrest 75% of the lot frontage must be occupied by structure adjacent to the pedestrian zone Boulevard Maximum structure height: See Corresponding Zoning District Boynton Beach Boulevard and Seacrest Boulevard 45 feet Any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10' and for every 50 feet above 45 feet in height6 an additional 10 feet stepback is required. Minimum structure height: 30 feet On -street parking: Required where possible and in accordance with the City's Engineering Standards. Minimum yard setbacks: Rear: 10 feet Abutting NW 1" Avenue, NE 3rd Avenue, NW 20 feet The rear property line shall contain a continuous 3rd Avenue: vegetative buffer. Interior side: 0 feet Minimum Public Space: 1% of lot area ' No legally existing building or structure shall be deemed non -conforming with respect to setbacks, lot Page 241 of 452 coverage, or building height. z Sidewalks shall be constructed of Holland -stone pavers, red/charcoal color mix by Paver Systems, Inc., or equal, laid in a 4S herringbone pattern. 3 Canopy trees are required 1 per 25 feet. 4 Permanent structures such as columns, balconies, and walls are not permitted within the required active area. 6. Accessory Structures. a. Fences: (1) Fences along street frontages are not permitted on Boynton Beach Boulevard or Seacrest Boulevard. (2) Fences along any street frontages shall not exceed three (3) feet in height. (3) Any fence that is proposed in the reminder of the District shall be decorative in nature. Walls, chain link, board on board, shadowbox, and similar types of fences are prohibited. b. All Darkin2. mechanical eauiament. trash containers. and miscellaneous eauiament shall be landscaped to be screened from view. Page 242 of 452 Z. Building Design. a. Building orientation. Lots with frontage on Boynton Beach Boulevard must orient structures to Boynton Beach Blvd. The main pedestrian entry, or front door, must be fronting Boynton Beach Boulevard. b. Boynton Beach Boulevard and Seacrest Boulevard shall have maximized glazing on first floors. Anv transparent window and door oaenings occuavin2 a ground -level street -facing buildin facade shall comply with the following standards: (1) The opening shall be filled with glazing that has a minimum visible light transmittance of 75 percent and a maximum reflectance of 15 percent. (2) The opening shall be designed to allow view of an interior space at least five feet deep (e.g., transparent openings may include traditional storefront display windows, but not merely glass display cases). The view into a commercial use shall not be permanently obstructed by screens, shades, shutter, or opaque films applied to the glazing. d. Building Wall Articulation. a. Vertical articulation. Walls shall be offset by a minimum depth of two (2) feet once ever fifty (50) linear feet. b. Horizontal Articulation. Buildings shall step -back a minimum of ten (10) feet once the structure reaches forty-five (45) feet in height. Buildings must step back an additional ten (10) feet for every additional fifty (50) feet in height; the additional reauired step -backs may be dispersed in varvina offsets. Page 243 of 452 Fenestration Requirements Ground -level building facade occupied by Commercial Mixed -Use Residential transparent window or door openings (minimum Development N Developments N area Boynton Beach Boulevard 502 Seacrest Boulevard301 5 02 NOTES: 1. These standards also apply to any portion of a ground -level facade facing a courtyard or patio. 2. To count toward this transparency requirement, a window or door opening must have a maximum sill height of 2 feet above grade and a minimum head height of 6 feet, 8 includes above grade. Anv transparent window and door oaenings occuavin2 a ground -level street -facing buildin facade shall comply with the following standards: (1) The opening shall be filled with glazing that has a minimum visible light transmittance of 75 percent and a maximum reflectance of 15 percent. (2) The opening shall be designed to allow view of an interior space at least five feet deep (e.g., transparent openings may include traditional storefront display windows, but not merely glass display cases). The view into a commercial use shall not be permanently obstructed by screens, shades, shutter, or opaque films applied to the glazing. d. Building Wall Articulation. a. Vertical articulation. Walls shall be offset by a minimum depth of two (2) feet once ever fifty (50) linear feet. b. Horizontal Articulation. Buildings shall step -back a minimum of ten (10) feet once the structure reaches forty-five (45) feet in height. Buildings must step back an additional ten (10) feet for every additional fifty (50) feet in height; the additional reauired step -backs may be dispersed in varvina offsets. Page 243 of 452 UNDESIRABLE ARCHITECTURAL VERTICAL ART |QJLAT|ON HORIZONTALART|OULAT|DN TREATMENT ADDED ADDED MAJORITY OF BUILDING WALI LOCATED ALONG STREETR.O.VV. UP TO 25% OF MAJOR BUILDING FACADE MAY BE SETBACK FROM THE STREET r..p q^ruQ/III n.NIr'rnomF-M PROVIDES� ALLEYDES| BETWEEN BUILDINGS PLAZA AREA CREATED HN -HE BUILDINGS SETBACK AREA Page 244 of 452 8. Parking. a. Minimum Number of Required Spaces. The minimum number of required off-street parking spaces shall be calculated in accordance with Chapter 4, Article V, Section 2 b. Allowable Location of Off -Street Parking Spaces. (1) The intent of the BBBOZ is to screen off-street parking areas from abutting rights-of-way and locate buildings along front and side corner property lines. Therefore, on-site parking shall be located within rear and side interior yards for all new projects and those in which parkins areas would be altered to accommodate a proposed building renovation or expansion. (2) Existing parking areas for existing developments may remain if the spaces are unaltered as part of any building renovation or expansion. In these instances, the existing off- street parking area shall be substantially screened from off -premises by a hedge, decorative fencing, arcades, or a combination thereof, provided that such proposal remain consistent with the intent of the BBBOZ, and to the standards of the urban landscape code to the maximum extent possible. Any deviation from the above standards would require the approval of a waiver in accordance with Chapter 2. Article II, Section 4.E. (3) New developments with a Mix Use Low Land Use classification are permitted one (1), single loaded, row of parking in front of the building. c. Exceptions to Providing Required Parking. See Chapter 4, Article V, Section 4.A. for additional provisions regarding exceptions to providing required off-street parking. 9. Signage and Exterior Lighting Standards. a. Signs permitted within the Boynton Beach Boulevard Overlay Zone shall be externally illuminated only, and consist of wall mounted, and/or a protecting sign. b. The size of wall mounted signs shall be calculated at one-half (0.5) square foot of sign area per one (1) lineal foot of building frontage measured along the main building entrance. c. Projecting signs are only permitted on the first floor. Projecting signs and mounting brackets shall be decorative in nature, and the sign face shall not exceed five (5) square feet in size. d. Undercanopy signs are permitted one per doorway and shall not exceed 3 square feet each. All undercanopy signs must have a minimum clearance of 8' e. Proaerties with over 250 feet of linear street frontage on Bovnton Beach Boulevard are permitted one monument sign with a maximum height of five (5) feet, a maximum depth of eighteen (18) inches, and a maximum area of forty (40) square feet. Monuments signs shall be oriented perpendicular to the street. f. Prohibited sign types: Freestanding signs, roof mounted signs, any signs above 40 feet (first four (4) stories), animated, or moving signs. g. All Mixed-use developments are required to provide a plan for parking signage to maximize awareness of and access to public parking locations. h. General lighting of the site shall harmonize with and blend into residential/mixed use environment. Ground lighting and up lighting of the building and landscaping is encouraged. However, when the use of pole lighting is necessary, the fixture height shall not exceed fifteen (15) feet. be decorative in nature and compatible with the color and architecture of the buildir Page 245 of 452 Exhibit E: Overlay Zone Waivers Page 246 of 452 Part III LDR Chapter 2 Article II Planning and Zoning Division Services Sec. 4. Relief Applications. E. Waiver (QfieCultural District Overlay Zone and Boynton Beach Boulevard Overlay Zone). 1. General. a. Purpose and Intent. The purpose of this subsection is to provide an efficient relief process to allow for deviations from certain requirements and standards of Chapter 3 and Chapter 4 as they pertain to the QfieCultural District Overlay Zone (GAG -Z �CDOZ ) and Boynton Beach Boulevard Overlay Zone (BBBOZ). The intent of this application is not to provide a means for circumventing any such requirement or standard but to allow for a departure from the code upon demonstration that the subject request satisfies the intent of the review criteria contained herein. b. Applicability. For property located within the CDOZ or the BBBOZ, the waiver process shall be available for deviations from any development and design standards of Chapter 3, Article III, Section 8.D. 2. Submittal Requirements. The applicant shall submit a letter that addresses the review criteria of Section 3.E.3. below, in addition to submitting any plans and exhibits required by the accompanying site plan, whenever applicable. 3. Review Criteria. The applicant shall justify each waiver request as part of the application for site plan or site plan modification. The applicant shall document the nature of the request, the extent of its departure from the standard regulation, and the basis for the request. The City may request additional information and documentation from the applicant, such as a shared -parking study, or other type of performance related analysis that further justifies the waiver request. The burden of proof shall be on the applicant to present a superior design alternative and demonstrate that the application would further the purpose and intent of the Overlay Zone and not have any detrimental impact on adjacent properties or the surrounding area. 4. Approval Process. A waiver request may be approved by staff if the subject request is reviewed concurrently with a minor site plan modification application, and such application requires administrative review pursuant to the review criteria of Section 2.F. above. Otherwise, the waiver application requires review by the City Commission and shall be processed in accordance with Chapter 2, Article 1, Section 3. 5. Denial. Upon the denial of an application for relief hereunder, in whole or in part, a period of one (1) year must elapse prior to the filing of the same or similar application affecting the same property or any portion thereof; however, this restriction shall not apply to applications which further the City's economic development, workforce housing, or green building programs. Page 247 of 452 6. Expiration. A waiver shall remain valid as long as the corresponding site plan or site plan modification approval remains in effect, or unless there is any amendment to the original waiver. Any amendment to the original approval shall require application for, and approval of, a new waiver. Page 248 of 452 M PUBLIC HEARING 8/1/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-016- SECOND READING - PUBLIC HEARING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2 and 3 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Boynton Beach Boulevard Overlay Zone regulating site development standards, uses, and urban design. (Staff requests item tabled to 8/15/17) EXPLANATION OF REQUEST: The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016. Comprehensive implementation of the Plan will require a full "audit" and subsequent revisions of existing zoning and other land development regulations. However, some recommendations have immediate application to pending development projects and will therefore be implemented incrementally as needed. These recommendations include overlay zones intended to provide specific requirements pertaining to scale, design, and architecture for two geographic areas. The requirements modify some of the regulations of their underlying zoning districts. Prior to its inclusion in the 2016 CRA Community Redevelopment Plan, Boynton Beach Boulevard did not have an adopted plan to help guide the development of the area. The Boulevard should acts as a welcoming and attractive entry to the City and as the entry to the City's Downtown. The CRA Plan recommends the Mixed Use Low, Mixed Use Medium, and Mixed Use High Future Land Use classifications along the boulevard, increasing in intensity as the District approaches Downtown. The overall intent of the overlay is to encourage the location of restaurant, retail, office, and entertainment establishments, along with pedestrian - friendly improvements that would complement and support the Downtown. The overlay also strives to maintain a consistent character while improving overall livability of the general area and stabilizing/ improving property values. The Boynton Beach Boulevard Overlay Zone (BBBOZ) will encompass the length of Boynton Beach Boulevard, bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by 1-95, on the south by Northeast and Northwest 1 st Avenue, and on the north by Northeast and Northwest 3rd Avenue and Northwest 3rd Court. The Planning and Development Board reviewed the subject item on May 23, 2017, and by a vote of 3 to 4, the motion to support the item failed. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 249 of 452 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: N/A ATTACHMENTS: Type D Staff Report D Exhibit D Exhibit D Exhibit REVIEWERS: Department Reviewer Development Stanzione, Tammy Description Ordinance approving amendments to LDRs establishing the new Boynton each Boulevard Overlay Zone Staff Report Exhibit A: Cultural District Overlay Zone Boundary Exhibit B: Proposed Cultural District Overlay Zone Code Amendments Exhibit C: Boynton each Boulevard Overlay Zone Boundary Exhibit D: Boynton each Boulevard Overlay Zone Code Amendments Exhibit E: Overlay Zone Waivers Action Date Approved 7/11/2017 ® 8:44 AM Page 250 of 452 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS AMENDING CHAPTERS 2 AND 3 TO CONTINUE THE IMPLEMENTATION OF THE COMMUNITY REDEVELOPMENT PLAN WITH THE ESTABLISHMENT OF THE NEW BOYNTON BEACH BOULEVARD OVERLAY ZONE REGULATING SITE DEVELOPMENT STANDARDS, ZONING USES, AND URBAN DESIGN STANDARDS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the CRA Plan (fka "the Consolidated Plan") was adopted on October 4, 2016; and WHEREAS, some recommendations of the Plan also include overlay zones intended to provide specific requirements pertaining to scale, design, and architecture for two geographic areas; and WHEREAS, the requirements modify some of the regulations of their underlying zoning districts; and WHEREAS, staff proposes these code amendments to further implement the CRA's Community Redevelopment Plan and to support continued quality development and redevelopment of the area; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations to continue implementation of the Community Redevelopment Plan with the establishment of the new Boynton Beach Boulevard Overlay Zone regulating site development standards, uses and urban design standards. -1- Page 251 of 452 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 33 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 34 Section 1. The foregoing whereas clauses are true and correct and are now 35 ratified and confirmed by the City Commission. 36 Section 2. Chapter 2, Article 11, Planning and Zoning Division Services, 37 Section 4, Relief Applications, of the Land Development Regulations, is hereby amended 38 by adding the words and figures in underlined type, as follows: 39 Chapter 2, Art. 11. Planning and Zoning Division Services 40 Sec. 4. Relief Applications 41 ... 42 E. Waiver (Oze-ean-AvenueCultural District Overlay Zone and Boynton Beach Boulevard 43 Overlay Zone). 44 1 General. 45 a. Purpose and Intent. The purpose of this subsection is to provide an efficient relief 46 process to allow for deviations from certain requirements and standards of Chapter 47 3 and Chapter 4 as they pertain to the (kaean--AyenuCultural District Overlay 48 Zone (fG M-,z)/-,-CDOZ ) and Boynton Beach Boulevard Overlay Zone (BBBOZ). 49 The intent of this application is not to provide a means for circumventing any such 50 requirement or standard but to allow for a departure from the code upon 51 demonstration that the subject request satisfies the intent of the review criteria 52 contained herein. 53 b. Applicability. For property located within theOAo/-,-CDOZ or the BBBOZ, the 54 waiver process shall be available for deviations from any development and design 55 standards of Chapter 3, Article III, Section 8.D. 56 2. Submittal Requirements. The applicant shall submit a letter that addresses the 57 review criteria of Section 3.E.3. below, in addition to submitting any plans and 58 exhibits required by the accompanying site plan, whenever applicable. 59 3. Review Criteria. The applicant shall justify each waiver request as part of the 60 application for site plan or site plan modification. The applicant shall document the 61 nature of the request, the extent of its departure from the standard regulation, and the 62 basis for the request. The City may request additional information and documentation 63 from the applicant, such as a shared -parking study, or other type of performance 64 related analysis that further justifies the waiver request. The burden of proof shall be - 2 - Page 252 of 452 65 on the applicant to present a superior design alternative and demonstrate that the 66 application would further the purpose and intent of the Overlay Zone( -)M— 0Z and not 67 have any detrimental impact on adjacent properties or the surrounding area. 68 4. Approval Process. A waiver request may be approved by staff if the subject 69 request is reviewed concurrently with a minor site plan modification application, and 70 such application requires administrative review pursuant to the review criteria of 71 Section 2.F. above. Otherwise, the waiver application requires review by the City 72 Commission and shall be processed in accordance with Chapter 2, Article 1, Section 73 3. 74 5. Denial. Upon the denial of an application for relief hereunder, in whole or in part, 75 a period of one (1) year must elapse prior to the filing of the same or similar 76 application affecting the same property or any portion thereof, however, this 77 restriction shall not apply to applications which further the City's economic 78 development, workforce housing, or green building programs. 79 6. Expiration. A waiver shall remain valid as long as the corresponding site plan or 80 site plan modification approval remains in effect, or unless there is any amendment to 81 the original waiver. Any amendment to the original approval shall require application 82 for, and approval of, a new waiver. 83 84 Section 3. Chapter 3, Article III, Zoning Districts and Overlay Zones, Section 85 8, Overlay Zones, of the Land Development Regulations, is hereby amended by adding 86 the words and figures in underlined type, as follows: 87 Article III Zoning Districts and Overlay Zones 88 ... 89 Sec. 8. Overlay Zones. 90 ... 91 F. Bovnton Beach Boulevard Overlav Zone 92 1. Purpose and Intent. The Boynton Beach Boulevard Overlay Zone (BBBOZ) is comprised 93 of multiple properties and a mix of zoning districts that currently accommodates primarily 94 commercial, residential (single-family), and institutional land uses. The CRA Redevelopment 95 Plan recommends the Mixed Use Low, Mixed Use Medium, and Mixed Use High Future Land 96 Use Classification along Boynton Beach Boulevard, increasing in intensity as the District 97 approached Downtown. The purpose and intent of the BBBOZ are as follows: 98 a. Provide for a mix of selected commercial, residential, and office uses, with an 99 emphasis on employment and entertainment uses that will encourage -3 - Page 253 of 452 100 redevelopment of underutilized property and enhance the pedestrian scale and 101 character of the area; 102 b. The western area is to act as a welcoming and attractive entry to the City, while 103 the eastern area is to act as the entry to the City's Downtown; 104 C. Encourage the location of restaurant, retail, office, and entertainment 105 establishments, along with pedestrian -friendly improvements that would 106 complement and support the Downtown. 107 d. Continue implementation of various recommendations contained within CRA 108 Redevelopment Plan related to; 109 e. Ensure that redevelopment within this area, regardless of underlying zoning 110 district, will maintain a consistent character; and 111 f. Improve overall livability of the general area and stabilize and improve property 112 values. 113 114 2. Defined. The Boynton Beach Boulevard Overlay Zone (BBBOZ) shall be bounded on the 115 east by the Florida East Coast Railroad (F.E.C.), on the west by NW 5th Street, further by 116 Interstate 95, on the south by NE and NW 1st Avenue, and on the north by NE 3rd Avenue 117 and NW 3rd Court. 118 119 3. Conflict. Unless deemed otherwise by the Planning & Zoning Director, in the event of 120 any conflict between the provisions of the Boynton Beach Boulevard Overlay Zone and any 121 other sections of the Land Development Regulations, the provisions of this section shall 122 prevail. These provisions shall not be construed to supersede any federal, state, or county 123 laws 124 125 4. Uses: Active commercial uses shall be required on the street frontage of Boynton Beach 126 Boulevard. 127 128 a. Uses shall be determined by the underlying zoning district, see "Use Matrix 129 Table 3-28" in Chapter 3, Article IV, Section 3.D, with the exception of the following 130 prohibited uses: 131 Accessory Dwelling Unit 132 Dwelling, Single- family (detached) 133 Dwelling, Two-family (duplex) 134 Auto Dealer, New 135 Auto Dealer, Used 136 Automotive Parts Store 137 Boat Dealer/Rental 138 Cleaning Supply Store (Swimming Pool, Janitorial) 139 Convenience Store 140 Gasoline Station 141 Auto Broker - 4 - Page 254 of 452 142 Automobile Rental 143 Automotive, Maior Repair 144 Automotive, Minor Repair 145 Automobile Rental 146 Auto/Car Wash, Self- serve Bay 147 Furniture & Home furnishing, unless integrated into a mixed use development 148 Auto/Car Wash (Polishing, Waxing, Detailing) 149 Showroom warehouse (single -product line) 150 Merchandise, Used (Other) 151 Merchandise, New (Supercenter, Discount, Department, Club) 152 Home Improvement Center 153 Automotive Window Tinting/Stereo Installation/Alarms 154 Coin-operated Laundry 155 Funeral Home 156 Pet Care (Boarding and Daycare) 157 Cemetery 158 Church 159 Civic & Fraternal Club/ Organization 160 Group homes Type I, II, III, and IV 161 College, Seminary, University 162 School, Primary and Secondary 163 School, Industrial & Trade 164 Shooting Range, Indoor 165 Adult entertainment 166 Temporary employment agency 167 Social service agency 168 All Industrial Uses 169 b. Any other automobile -oriented use not listed above are prohibited. 170 (1) An "automobile oriented use" shall be construed as a business which has a 171 principal purpose of servicing an automobile or consists of a building type or 172 feature which is designed for an automobile. 173 C. Drive-throughs are prohibited. 174 (1) Drive- throughs may only be permitted when the drive-thru not visible from any 175 right-of-ways; and 176 (2) Drive- throughs must be designed to be completely behind a portion of the 177 building or structure it serves. 178 d. Live -work units are permitted, but may not front Boynton Beach Boulevard or 179 Seacrest Boulevard. 180 e. Additionally, no legally, existing use shall be deemed non -conforming as a result 181 of the BBBOZ regulations. 182 - 5 - Page 255 of 452 183 184 5. Modified Building and Site Regulations. MODIFIED BUILDING/SITE REGULATIONS' Boynton Beach Boulevard Overlay Zone Minimum Lot Area: 0.75 acre Minimum Lot Frontage: Boynton Beach Boulevard 150 feet Pedestrian zone: Minimum street tree area 3: 5 feet *Measured from the back of curb Minimum sidewalk width2: 8 feet clear *Measured from the centerline of street trees Minimum active area width: (Applicable to Boynton Beach Boulevard and 8 feet4 *Measured from edge of the sidewalk Seacrest Boulevard street frontages) Overhead utilities: Must be undergrounded in conjunction with ane development or major modification of existing developments. Build -to line: Abuts the pedestrian zone Minimum building frontage: (Applicable to Boynton Beach Boulevard, Seacrest 75% of the lot frontage must be occupied by structure adjacent to the pedestrian zone Boulevard) Maximum structure height: See Corresponding Zoning District Beach Boulevard and Seacrest Boulevard 45 feet Any additional height permitted by the zoning —Boynton districts must be stepped back proportionately to the overall height, a minimum of 10' and for every 50 feet above 45 feet in height6 an additional 10 feet stepback is required. Minimum structure height: 30 feet On -street parking: Required where possible and in accordance with the Ci 's Engineering Standards. Minimum vard setbacks: Rear: 10 feet Abutting NW lgt Avenue, NE 3 Avenue, NW 20 feet The rear property line shall contain a continuous 3�d Avenue: vegetative buffer. Interior side: 0 feet Minimum Public Space: 1% of lot area - 6 - Page 256 of 452 185 186 187 188 ' No legally existing building or structure shall be deemed non -conforming with respect to setbacks, lot coverage, or building height. 2 Sidewalks shall be constructed of Holland -stone pavers, red/charcoal color mix by Paver Systems, Inc., or equal, laid in a 4S herringbone pattern. s Canopy trees are required 1 per 25 feet. 4Permanent structures such as columns, balconies, and walls are not permitted within the required active area. 189 6. Accessory Structures. 190 a. Fences: 191 (1) Fences along street frontages are not permitted on Boynton Beach Boulevard or 192 Seacrest Boulevard. 193 (2) Fences along any street frontages shall not exceed three (3) feet in height. 194 (3) Any fence that is proposed in the reminder of the District shall be decorative in 195 nature. Walls, chain link, board on board, shadowbox, and similar types of 196 fences are prohibited. - 7 - Page 257 of 452 197 b. All parking, mechanical equipment, trash containers, and miscellaneous 198 equipment shall be landscaped to be screened from view. 199 - 8 - Page 258 of 452 200 201 7. Building Design. 202 a. Building orientation. Lots with frontage on Boynton Beach Boulevard must 203 orient structures to Boynton Beach Blvd. The main pedestrian entry, or front door, 204 must be fronting Boynton Beach Boulevard. 205 b. Boynton Beach Boulevard and Seacrest Boulevard shall have maximized glazing 206 on first floors. Fenestration Requirements Ground -level building facade occupied by Commercial Mixed -Use Residential Development (%) transparent window or door openings minimum area Developments (%) Boynton Beach Boulevard 502 30' Seacrest Boulevard 502 NOTES: 1. These standards also apply to M portion of a ground -level facade facie a� couLtyard or patio. 2. To count toward this transparency requirement, a window or door opening must have a maximum sill height of 2 feet above grade and a minimum head height of 6 feet, 8 includes above grade. 207 208 C. Any transparent window and door openings occupying a ground -level street - 209 facing building facade shall comply with the following standards: 210 (1) The opening shall be filled with glazing that has a minimum visible light 211 transmittance of 75 percent and a maximum reflectance of 15 percent. 212 (2) The opening shall be designed to allow view of an interior space at least five 213 feet deep (e.g., transparent openings may include traditional storefront display 214 windows, but not merely glass display cases). The view into a commercial use 215 shall not be permanently obstructed by screens, shades, shutter, or opaque 216 films applied to the glazing. 217 218 d. Building Wall Articulation. 219 a. Vertical articulation. Walls shall be offset by a minimum depth of two 220 (2) feet once ever fifty (50) linear feet. 221 b. Horizontal Articulation. Buildings shall step -back a minimum of ten (10) 222 feet once the structure reaches forty-five (45) feet in height. Buildings must 223 step back an additional ten (10) feet for every additional fifty (50) feet in 224 height; the additional required step -backs may be dispersed in varying 225 offsets. - 9 - Page 259 of 452 UNDESIRABLE ARCHITECTURAL VERTICAL ARTICULATION HORIZDNTALART|CULAT|ON TREATMENT ADDED ADDED MAJORITY OFBUILDING WALL LOCATED ALONG STREETR.O.VV.-----� UPTOos%0FMAJOR BUILDING FACADE MAY BE SETBACK FROM THE STREET PLAZA AREA CREATED KVTHE BUILDINGS SETBACK AREA INCREASED SIDEWALK LANDMARK FEATURE PERMITTED AT MAJOR INTERSECT !ON CORNER mPage 260 of 452 228 229 8. Parking. 230 a. Minimum Number of Required Spaces. The minimum number of required off-street 231 parking spaces shall be calculated in accordance with Chapter 4, Article V, Section 2 232 233 b. Allowable Location of Off -Street Parking Spaces. 234 (1) The intent of the BBBOZ is to screen off-street parking areas from abutting 235 rights-of-way and locate buildings along front and side corner property lines. 236 Therefore, on-site parking shall be located within rear and side interior yards for 237 all new proiects and those in which parking areas would be altered to 238 accommodate a proposed building renovation or expansion. 239 (2) Existing parking areas for existing developments may remain if the spaces are 240 unaltered as part of any building renovation or expansion. In these instances, 241 the existing off-street narking area shall be substantiallv screened from off - 242 premises by a hedge, decorative fencing, arcades, or a combination thereof, 243 provided that such proposal remain consistent with the intent of the BBBOZ, 244 and to the standards of the urban landscape code to the maximum extent 245 possible. Any deviation from the above standards would require the approval of 246 a waiver in accordance with Chapter 2. Article II, Section 4.E. 247 (3) New developments with a Mix Use Low Land Use classification are permitted 248 one (1), single loaded, row of parking in front of the building. 249 c. Exceptions to Providing Required Parking. See Chapter 4, Article V, Section 4.A. for 250 additional provisions regarding exceptions to providing required off-street parking. 251 252 9. Signage and Exterior Lighting Standards. 253 254 a. Signs permitted within the Boynton Beach Boulevard Overlay Zone shall be externally 255 illuminated only, and consist of wall mounted, and/or a projecting sign. 256 b. The size of wall mounted signs shall be calculated at one-half (0.5) square foot of sign 257 area per one (1) lineal foot of building frontage measured along the main building 258 entrance. 259 c. Proiecting signs are only permitted on the first floor. Proiecting signs and mounting 260 brackets shall be decorative in nature, and the sign face shall not exceed five (5) square 261 feet in size. 262 d. Undercanopy signs are permitted one per doorway and shall not exceed 3 square feet 263 each. All undercanopy signs must have a minimum clearance of 8' 264 e. Properties with over 250 feet of linear street frontage on Boynton Beach Boulevard are 265 permitted one monument sign with a maximum height of five (5) feet, a maximum 266 depth of eighteen (18) inches, and a maximum area of forty (40) square feet. 267 Monuments signs shall be oriented perpendicular to the street. 268 f. Prohibited sign types: Freestanding signs, roof mounted signs, any signs above 40 feet 269 (first four (4) stories), animated, or moving signs. - 11 - Page 261 of 452 270 g. All Mixed-use developments are required to provide a plan for parking signage to 271 maximize awareness of and access to public parking locations. 272 h. General lighting of the site shall harmonize with and blend into residential/mixed use 273 environment. Ground lighting and up lighting of the building and landscaping is 274 encouraged. However, when the use of pole lighting is necessary, the fixture height shall 275 not exceed fifteen (15) feet, be decorative in nature and compatible with the color and 276 architecture of the building. 277 278 279 Section 4. Should any section or provision of this Ordinance or any portion 280 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 281 not affect the remainder of this Ordinance. 282 Section 5. Authority is hereby given to codify this Ordinance. 283 Section 6. This Ordinance shall become effective immediately. 284 FIRST READING this day of , 2017. 285 SECOND, FINAL READING AND PASSAGE this day of 286 2017. 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE -12 - Page 262 of 452 DEPARTMENT U. tPLANNING AND ZONING Memorandum PZ 17-014 : Chair and Members Planning & Development Board FROM: Amanda BassielyJr r ' Senior Planner—/j .an Designer THRU: Michael Rumpft" � �I Planning and Zoning Director ATE: March 13, 2017 Amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Cultural District Overlay Zone and the Bourton Beach Blvd Overlay Zone regulating site development standards, uses, and urban design standards. The rewrite of the City's land development regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would continue the implementation of the newly adopted CRA Community Redevelopment Plan. _1_ Page 263 of 452 EXPLANATION The Boynton Beach CRA Community Redevelopment Plan was adopted on October 4th, 2016. Comprehensive implementation of the Plan will require a full "audit" and subsequent revisions of existing zoning and other land development regulations, to be completed by the end of 2017. However, some recommendations have immediate application to pending development projects and will therefore be implemented incrementally as needed. These recommendations include overlay zones intended to provide specific requirements pertaining to scale, design, and architecture for two geographic areas. The requirements modify some of the regulations of their underlying zoning districts. Proposed Cultural District Overlay Zone The Cultural District Overlay Zone (CDOZ) encompasses the entire Cultural District, bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by Seacrest Boulevard, on the south by Southeast 2nd Avenue, and on the north by Northeast 1st Avenue. The Cultural District is envisioned to be the principal hub for the City's civic uses, public spaces and events. Since this area is essential to exhibiting and experiencing Boynton Beach's unique character, setting the appropriate scale, design, and architecture is crucial to its success. There is currently an "Ocean Avenue Overlay Zone" on a portion of the District. The proposed amendments revise the existing overlay to be consistent with the vision outlined in the CRA Plan. The proposed overlay zone enables further regulations to specifically address the goals of the District. The amendments focus on the four key areas: 1. Uses The overlay restricts specific uses that are not consistent with the goals of the district; most notably, it prohibits auto -oriented uses to promote pedestrian -friendly environment. At the same time, staff recognizes that there are existing uses that may not comply with the proposed standards. The overlay regulations specify that no such uses shall be deemed non -conforming. 2. Site Development Standards This section modifies the Site Development Standards of each underlying zoning district. The amendments comprise the requirement for a "pedestrian zone" along major roadways to include regulations on street trees, sidewalks, and active areas as well as street frontages, maximum and minimum building heights, build -to -lines, and setbacks. 3. Building design /Architecture The proposed overlay utilizes, preserves and enhances the existing architectural character of the District by implementing building design standards. Buildings within the Cultural District Overlay Zone should reflect a Coastal Village style of architecture, consisting primarily of hip and/or gable roofs, rectilinear forms with stepbacks, porches, and -2- Page 264 of 452 building articulation. This style derives its character from various elements associated with the Key West Vernacular and Bungalow styles of architecture, found throughout Boynton Beach and South Florida. Overhangs for pedestrian canopies and visual interest should be incorporated whenever possible. Overhead structures such as gateways and arches help define space, provide pedestrian comfort, and reinforce character and identity. New structures will be constructed with the pedestrian building entries oriented towards the street, and will be sensitive to the scale, massing and design envisioned in the CRA Redevelopment Plan. 4. Signage and Exterior Lighting Standards The overlay permits wall signs, limited projecting signs, undercanopy signs, and decorative pedestrian and street lighting. The proposal also requires all mixed-use developments to provide a clear plan for parking signage. Proposed Boynton Beach Boulevard Overlay Zone Prior to its inclusion in the 2016 CRA Community Redevelopment Plan, Boynton Beach Boulevard did not have an adopted plan to help guide the development of the area. The Boulevard should acts as a welcoming and attractive entry to the City and as the entry to the City's Downtown. The CRA Plan recommends the Mixed Use Low, Mixed Use Medium, and Mixed Use High Future Land Use classifications along the boulevard, increasing in intensity as the District approaches Downtown. The overall intent of the overlay is to encourage the location of restaurant, retail, office, and entertainment establishments, along with pedestrian -friendly improvements that would complement and support the Downtown. The overlay also strives to maintain a consistent character while improving overall livability of the general area and stabilizing/ improving property values. The Boynton Beach Boulevard Overlay Zone (BBBOZ) will encompass the length of Boynton Beach Boulevard, bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by I-95, on the south by Northeast and Northwest 1 st Avenue, and on the north by Northeast and Northwest 3rd Avenue and Northwest 3rd Court. The proposed BBBOZ is generally outlined in the same manner as the CDOZ; it addresses four key areas: 1. Uses The proposed overlay restricts specific uses that are not consistent with the goals of the district and further regulate locations of certain other uses. For example, in an effort to preserve an attractive and pedestrian -friendly streetscape, drive-through uses are permitted only when completely screened from the right-of-way. Staff recognizes that there are existing uses that may not comply with the proposed standards. The overlay regulations specify that no existing use shall be deemed non -conforming. 2. Site Development Standards -3- Page 265 of 452 This section modifies the Site Development Standards of each underlying zoning district. Similarly to the CDOZ, the amendments include the requirement of a "pedestrian zone" along major roadways. Also included are regulations on street frontages and build -to - lines to maximize the appearance of a `street wall', maximum and minimum building heights to create consistency over the varying land uses, and stepbacks and setbacks to protect adjacent neighborhoods and public areas. 3. Building design /Architecture The design portion of the BBBOZ focuses on Urban Design's standards that ensure buildings are oriented towards Boynton Beach Boulevard and require building fenestrations and wall articulation. 4. Signage and Exterior Lighting Standards The BBBOZ builds on the CDOZ by allowing monument signs on prominent parcels along Boynton Beach Boulevard. Signs' height, area and orientation are regulated to ensure they are compatible with the District's goals. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to further implement the CRA Community Redevelopment Plan and to support continued quality development and redevelopment of the area. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 17-001 CDOZ\Staff Report Draft-CDOZ BBBOZ.doc M! Page 266 of 452 Exhibit A: Cultural District Overlay Zone Boundary Mm Page 267 of 452 a 0 z O w W z O N a �c W O H V H 0 4 N LO 4- 0 co N N O1 Exhibit B: Proposed Cultural District Overlay Zone Code Amendments New Page 269 of 452 Part III LDR Chapter 3. Zoning Article III Zoning Districts and Overlay Zones Sec. 8. Overlay Zones. D. _ ? Cultural District Overlay Zone 1. Purpose and Intent. The Cultural District Overlay Zone ( CDOZ) is comprised of multiple properties czLncl a mix of zoning districts that currently accommodates residential (single-, two- and multi -family), commercial, and institutional land uses. The CRA Redevelopment Plan recommends the Mixed Use Medium Future Land Use Classification for a majority of the District, which allows a maximum density of fifty (50) dwelling units per acre. -K-& , , ` :r -t ;7 ,� ,+,° -The remainder of the District is recommended for the Mixed use High Future Land Use Classification and the corresponding maximum density of 80 dwelling units per ac"pf{ � .. J k-�.rr xrr�.-ea°crr.�w-ey- ?rrerrr-zs-�.. • x-7 purpose and intent of the CD OZ are as follows: a. Provide for a mix of selected commercial, residential, office, and entertainment uses and activities, with an emphasis on arts and cultural ventures that will encourage the adaptive re- use of existing buildings, restoration of historic structures, and maintain and further enhance the pedestrian scale and historic character s.. -4e of the area; b. Encourage the location of specialty retail, artist related uses and entertainment establishments, along with -pedestrian-friendly improvements 4++,a �°., �� s that would complement and support relationships between the downtown district and marina / waterfront attractions afK-1--e.. R 1`Ti'&' , fC.•J" l'"� s r _ J.X�'�."� t'"� rt YPT� ^° te4r-^�t- �{- � ^��to the cast and the cultural / civic campusa4-' °'t49 to the west; c. Initiate implementation of various recommendations contained within CRA Redevelopment Plan related to e-��rr; d. Stimulate greater awareness of and pride in the City's architectural, historical, and cultural heritage; d -e. Ensure that redevelopment within this area, regardless of underlying zoning .. district, will maintain an appropriate development scale; and -ef. Improve overall livability of the general area and stabilize and improve property values. 2. Defined. The Cultural District- Overlay Zone ( CDOZ) shall be bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by Seacrest Boulevard, on the south by Southeast 2nd4."' Avenue, and on the north by Northeast 1st Avenue,"" -e ,rs-t-4-st Page 270 of 452 Orv�tFr, r+ + tF 11� +F II tFn r+� +n `` + � 3. Conflict. Unless deemed otherwise by the Planning & Zoning Director, din the event of any conflict between the provisions of the .. - Cultural District Overlay Zone and any other sections of the Land Development Regulations, the provisions of this section shall prevail. These provisions shall not be construed to supersede any federal, state, or county laws; and eF aRY FeZeRiRg e{ -•— 4. Uses-Ad�. Active commercial uses shall be required on the street frontage of Ocean Avenue. a. Uses shall be determined by the underlving zoning district. see "Use Matrix Table 3-28" in Chaoter 3. Article IV. Section 3.D. with the exception of the following prohibited uses: Accessory Dwelling Unit Dwelling, Single- family (detached) Dwelling, Two-family (duplex) Auto Dealer, New Auto Dealer, Used Automotive Parts Store Boat Dealer/Rental Cleaning Supply Store (Swimming Pool, Janitorial) Convenience Store Gasoline Station Auto Broker Automobile Rental Automotive, Major Repair Automotive, Minor Repair Automobile Rental Auto/Car Wash, Self- serve Bay Furniture & Home furnishing Auto/Car Wash (Polishing, Waxing, Detailing) Showroom warehouse (single -product line) Merchandise, Used (Other) Merchandise, New (Supercenter, Discount, Department, Club) Home Improvement Center Automotive Window Tinting/Stereo Installation/Alarms Coin-operated Laundry Funeral Home Pet Care (Boarding and Daycare) Cemetery Church Civic & Fraternal Club/ Organization Group homes Type I, II, III, and IV College, Seminary, University School, Primary and Secondary School, Industrial & Trade Shooting Range, Indoor Adult entertainment Temporary employment agency Tutoring or Testing Center Page 271 of 452 Private Parking Lots Social service agency b. Any other automobile -oriented use not listed above are prohibited. (1) An "automobile oriented use" shall be construed as a business which has a principal purpose of servicing an automobile or consists of a building type or feature which is designed for an automobile. c. Drive-throughs are prohibited. (1) Drive- throughs may only be permitted when the drive-thru not visible from any right-of-ways; and (2) Drive-thrus must be designed to be completely behind a portion of the building or structure it serves. d. Live -work units are permitted, but may not front East Ocean Avenue or Seacrest Boulevard e. School. Professional & Technical (1) Professional and technical schools allowed in the CDOZ are limited to those that teach the culinary and visual arts. Additionallv. no legally. existing use shall be deemed non -conforming as a result of the CDOZ regulations. amsn�+,�I�, ��f C�,,�+E„�, H iE er r mmmmm m- m r -- cte r ra m mmmm .mmmmmmmmmmmm z Page 272 of 452 -------5. Modified Building and Site Regulations _. .:. Development within this Overlay Zone, including proposed expansions and additions to existing structures shall be in accordance with the building and site regulations as follows: Minimum Lot Area: 10,000 square feet Minimum Lot Frontage: 100 feet Pedestrian zone: Minimum street tree area': 5 feet *Measured from the back of curb Minimum sidewalk width': 8 feet clear *Measured from the centerline of street trees Page 273 of 452 Minimum active area width: 8 feet' (Applicable to Ocean Avenue, Seacrest Boulevard, *Measured from edge of the sidewalk NE/SE 15T Street, and NE/SE 3rd Street frontages) Overhead utilities: Must be undergrounded in conjunction with any new development or major modification of existing developments. Build -to line: Abuts the pedestrian zone Minimum building frontage 75% of the lot frontage must be occupied by (Applicable to Ocean Avenue, Seacrest Boulevard, structure adjacent to the pedestrian zone NE/SE 15T Street, and NE/SE 3rd Street frontages) Maximum structure height': See Corresponding Zoning District Ocean Avenue 35 feet consistent for a depth of a minimum of 30 feet Seacrest Boulevard 35 feet consistent for a depth of a minimum of 10 feet. For every 50 feet above 35 feet in height an additional 10 feet stepback is required. Any properties abutting or adjacent to SE 2nd 35 feet Avenue Minimum structure height': Ocean Avenue 30 feet On -street parking: Required where possible and in accordance with the City's Engineering Standards. Minimum yard setbacks: Rear: 10 feet Interior side: 0 feet4 Minimum Public Space: 1% of lot area 1 No legally existing building or structure shall be deemed non -conforming with respect to setbacks, lot coverage, or building height. z Sidewalks shall be constructed of Holland -stone pavers, red/charcoal color mix by Paver Systems, Inc., or equal, laid in a 4S herringbone pattern 3 Canopy trees are required 1 per 25 feet 4 Minimum interior side setback and maximum height standards may require reductions when adjacent to registered historic structures. ' Permanent structures such as columns, balconies, and walls are not permitted within the required active area. Page 274 of 452 Page 275 of 452 -•-6. Accessory Structures. a .------- , Fences: (1) Fences -along +H.. fFeRt of the pE p...+., street frontages are not permitted on East Ocean Avenue or Seacrest Boulevard. , (2) Fences along any street frontage shall not exceed three (3) feet in height. L�LAny fence that is proposed in the remainder of the District 4,,w-ev�, shall be decorative in nature. , Walls, chain link, board on board, shadowbox, and similar types of fences are expressly prohibited. ;b. ---------- All parking, mechanical equipment, trash containers, and miscellaneous equipment shall be landscaped to be screened from view. ----47. Building Design. a. Buildings in the Cultural District Overlay Zone (CDOZ) shall reflect a Coastal Village style of architecture, consisting primarily of hip and/or gable roof, rectilinear forms with stepbacks, porches, and building articulation. This style derives its character from various elements associated with the Key West Vernacular and Bungalow styles of architecture found throughout South Florida. Overhangs for pedestrian canopies and visual interest should be incorporated whenever possible. Overhead structures gateways, and arches, help define space, provide pedestrian comfort, and reinforce character and identity. Redevelopment Plan 4 b. Additions and Modifications to Existing Buildings * 4* -e . All building additions shall be sensitive to the original building design relative to the architectural style, building materials/components and treatments, and proportions.' Page 276 of 452 C. Fenestration Reauirements Ground -level building facade occupied by transparent window or door openings (minimum area) Residential Commercial Mixed -Use Street Frontage Development Developments (%) a Ocean Avenue 502 SE 2nd Avenue 30 Seacrest Boulevard 502 301 NE/SE 1" Street 502 NE/SE 3rd Street 502 NOTES: 1. These standards also apply to any portion of a ground -level facade facing a courtyard or patio. 2. To count toward this transparency requirement, a window or door opening must have a maximum sill height of 2 feet above grade and a minimum head height of 6 feet, 8 inches above grade. (1) Any transparent window and door openings occupying a ground -level street -facing building facade shall comply with the following standards: i. The opening shall be filled with glazing that has a minimum visible light transmittance of 75 percent and a maximum reflectance of 15 percent. ii. The opening shall be designed to allow view of an interior space at least five feet deep (e.g., transparent openings may include traditional storefront display windows, but not merely glass display cases). The view into a commercial use shall not be permanently obstructed by screens, shades, shutter, or opaque films applied to the glazing. d. RESERVED- Architectural Guidelines: Coastal Village 8.- Parking. a. Minimum Number of Required Spaces. The minimum number of required off-street parking spaces shall be calculated in accordance with Chapter 4, Article V, Section 2 above; however, the total number of required spaces may be reduced by up to fifty percent (50%) for all new developments, excluding -residential projects. When two (2) or more adjacent property owners combine their off-street parking in accordance with the code and construct Page 277 of 452 a shared parking facility with common access drives, the total number of required off-street parking spaces may be reduced by an additional ten percent (10%). b. Allowable Location of Off -Street -Parking Spaces. LLLThe intent of the CD OZ is to screen off-street parking areas from abutting rights-of- way and locate buildings along front and side corner property lines. T- . ` herefore, on- site --parking areas shall be located within rear and side interior yards for all new projects and those in which parking areas would be altered to accommodate a proposed building renovation or expansion. 2 E -existing parking areas for existing developments may remain if the spaces are unaltered as part of any building renovation or expansion. In these instances, the existing off-street parking area shall be substantially screened from off -premises by a hedge, decorative fencing, arcades, or a combination thereof, provided that such proposal remains consistent with the intent of the CD OZ, and to the standards of the urban landscape code to the maximum extent possible. Any deviation from the above standards would require the approval of a waiver in accordance with Chapter 2. Article II, Section 4.E. } 3 If one hundred percent (100%) of the required off-street parking spaces cannot be provided on-site, they may be provided at an off-site location provided the following conditions are met: 1) the proposed location is not farther than five hundred (500) feet from the subject property as measured by a straight line from a point on the boundary of the property to the closest boundary line of the property to be leased, and 2) the off-site location is owned or leased by the owner or operator of the subject business or property ownThe parent business property shall be posted with signage indicating the location of the off-site parking spaces. All spaces provided by the property/business owner on and off-site shall be maintained as unreserved, unrestricted parking available to the public, except designated handicap spaces required by law. c. Exceptions to Providing Required Parking. See Chapter 4, Article V, Section 4.A. for additional provisions regarding exceptions to providing required off-street parking. ----------- 9.40, Signage and Exterior Lighting Standards. a. Signs allowed within the Cultural District Overlay Zone shall be externally illuminated only, and be limited to ,i �t--44 _°ra ' * �£ 'C wall mounted, and projecting signs. b. The size of wall mounted signs shall be calculated at one-half (0.5) square foot of sign area per one (1) lineal foot of building frontage measured along the main building entrance. c. Projecting signs are only permitted on the first floor. Projecting signs and mounting brackets shall be decorative in nature, and the sign face shall not exceed five (5) square feet in size. d. Undercanopy signs are permitted one per doorway and shall not exceed 3 square feet each. All undercanopy signs must have a minimum clearance of 8' e. A -frame signs are permited when included and reviewed as a part of an overall Sign Program. f. Prohibited sign types: Freestanding signs, roof mounted signs, any signs above 35 feet (first 3 stories), animated, or moving signs. Page 278 of 452 g. All Mixed-use developments are required to provide a plan for parking signage to maximize awareness of and access to public parking locations. h®General lighting of the site shall harmonize with and blend into residential/mixed use environment. Ground lighting and up lighting of the building and landscaping is encouraged. However, when the use of pole lighting is necessary, the fixture height shall not exceed fifteen (15) feet, be decorative in nature and compatible with the color and architecture of the building. Page 279 of 452 Part III LDR Chapter 3 Zoning Article IV Use Regulations D. Use Matrix (Table 3-28). Footnotes 18. ea++ r Cultural District Overlay Zone. a. This use is allowed in this zoning district only when proposed on a lot located within the Cultural District - e + -� Overlay Zone (CD OZ). 'c�--'........'ere r`p`- �srri".. `-r-ac--r".,.r-r'".. `�a�s=r,:rr-cA•vrc "ii a-�rp �J E'EN - "'PC Y J w 'YC. "LAC�":rv..'1`Yi2 .. I •. Page 280 of 452 Part III LDR Chapter 4 Site Development Standards Article V Minimum Off -Street Parking Requirements Sec. 4. Exceptions to Providing Required Off -Street Parking. A. Adaptive Re -Use. 1. Applicability. The following described areas shall be eligible for specific parking reductions based upon adaptive re -use, including modifications, of existing buildings: a. Cultural District Overlay Zone (CDOZ ),as defined in Chapter 3, Article III, Section 8.D. b. No additional parking shall be required where: (1) The structure is enlarged in a manner not exceeding a cumulative total of one hundred percent (100%) of the existing gross floor area; or (2) The capacity of the structure is increased by adding subordinate dwelling units or floor area within the existing building envelop; or (3) The use of a structure is changed; or (4) The number of seats for eating and drinking establishments is increased by up to fifty percent (50%) of the existing total or up to forty (40) seats are provided where the previous use had none. Page 281 of 452 Exhibit C: Boynton Beach Boulevard Overlay Zone Boundary Page 282 of 452 a 0 z 0 O m W z O N a oc W O J m V a W m z O H z d C C n18 4SOJOBOS, TN N LO O co co N N 0) m 0— 4s V; SMS d_ alow - 0 0 Z *' N LO O co co N N 0) m 0— Exhibit D: Boynton Beach Boulevard Overlay Zone Code Amendments 9:9 Page 284 of 452 Part III LDR Chapter 3. Zoning Article III Zoning Districts and Overlay Zones Sec. 8. Overlay Zones. F. Boynton Beach Boulevard Overlay Zone 1. Purpose and Intent. The Boynton Beach Boulevard Overlay Zone (BBBOZ) is comprised of multiple Droaerties and a mix of zoning districts that currentiv accommodates Drimarilv commercial. residential (single-family), and institutional land uses. The CRA Redevelopment Plan recommends the Mixed Use Low, Mixed Use Medium, and Mixed Use High Future Land Use Classification along Boynton Beach Boulevard, increasing in intensity as the District approached Downtown. The purpose and intent of the BBBOZ are as follows: a. Provide for a mix of selected commercial, residential, and office uses, with an emphasis on employment and entertainment uses that will encourage redevelopment of underutilized property and enhance the pedestrian scale and character of the area; b. The western area is to act as a welcoming and attractive entry to the City, while the eastern area is to act as the entry to the City's Downtown; c. Encourage the location of restaurant, retail, office, and entertainment establishments, along with pedestrian -friendly improvements that would complement and support the r)nwntnwn_ d. Continue implementation of various recommendations contained within CRA Redevelopment Plan related to; e. Ensure that redevelopment within this area, regardless of underlying zoning district, will maintain a consistent character; and f. Improve overall livability of the general area and stabilize and improve property values. 2. Defined. The Boynton Beach Boulevard Overlay Zone (BBBOZ) shall be bounded on the east by the Florida East Coast Railroad (F.E.C.), on the west by NW 5th Street, further by Interstate 95, on the south by NE and NW 15t Avenue, and on the north by NE 3rd Avenue and NW 3rd Court. 3. Conflict. Unless deemed otherwise by the Planning & Zoning Director, in the event of any conflict between the Drovisions of the Bovnton Beach Boulevard Overlav Zone and anv other sections of the Land Development Regulations, the provisions of this section shall prevail. These provisions shall not be construed to supersede any federal, state, or county laws 4. Uses: Active commercial uses shall be required on the street frontage of Boynton Beach Boulevard. Page 285 of 452 a. Uses shall be determined by the underlvin2 zoning district. see "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D, with the exception of the following prohibited uses: Accessory Dwelling Unit Dwelling, Single-family (detached) Dwelling, Two-family (duplex) Auto Dealer, New Auto Dealer, Used Automotive Parts Store Boat Dealer/Rental Cleaning Supply Store (Swimming Pool, Janitorial) Convenience Store Gasoline Station Auto Broker Automobile Rental Automotive, Maior Repair Automotive, Minor Repair Automobile Rental Auto/Car Wash, Self- serve Bay Furniture & Home furnishing, unless integrated into a mixed use development Auto/Car Wash (Polishing, Waxing, Detailing) Showroom warehouse (single -product line) Merchandise, Used (Other) Merchandise, New (Supercenter, Discount, Department, Club) Home Improvement Center Automotive Window Tinting/Stereo Installation/Alarms Coin-operated Laundry Funeral Home Pet Care (Boarding and Daycare) Cemetery Church Civic & Fraternal Club/ Organization Group homes Type I, II, III, and IV College, Seminary, University School, Primary and Secondary School, Industrial & Trade Shooting Range, Indoor Adult entertainment Temporary employment agency Social service agency All Industrial Uses b. Any other automobile -oriented use not listed above are prohibited. (1) An "automobile oriented use" shall be construed as a business which has a principal purpose of servicing an automobile or consists of a building type or feature which is designed for an automobile. c. Drive-throughs are prohibited. (1) Drive- throughs may only be permitted when the drive-thru not visible from any right- of-ways; and Page 286 of 452 (2) Drive- throughs must be designed to be completely behind a portion of the building or structure it serves. d. Live -work units are permitted, but may not front Boynton Beach Boulevard or Seacrest Boulevard. e. Additionally, no legally, existing use shall be deemed non -conforming as a result of the BBBOZ regulations. Page 287 of 452 5. Modified Building and Site Regulations. MODIFIED BUILDING/SITE REGULATIONS' Boynton Beach Boulevard Overlay Zone Minimum Lot Area: 0.75 acre Minimum Lot Frontage: Boynton Beach Boulevard 150 feet Pedestrian zone: Minimum street tree area3: 5 feet *Measured from the back of curb Minimum sidewalk widthz: 8 feet clear *Measured from the centerline of street trees Minimum active area width: (Applicable to Boynton Beach Boulevard and Seacrest Boulevard street frontages) 8 feet4 *Measured from edge of the sidewalk Overhead utilities: Must be undergrounded in conjunction with any new development or major modification of existing developments. Build -to line: Abuts the pedestrian zone Minimum building frontage: (Applicable to Boynton Beach Boulevard, Seacrest 75% of the lot frontage must be occupied by structure adjacent to the pedestrian zone Boulevard Maximum structure height: See Corresponding Zoning District Boynton Beach Boulevard and Seacrest Boulevard 45 feet Any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 10' and for every 50 feet above 45 feet in height6 an additional 10 feet stepback is required. Minimum structure height: 30 feet On -street parking: Required where possible and in accordance with the City's Engineering Standards. Minimum yard setbacks: Rear: 10 feet Abutting NW 1" Avenue, NE 3rd Avenue, NW 20 feet The rear property line shall contain a continuous 3rd Avenue: vegetative buffer. Interior side: 0 feet Minimum Public Space: 1% of lot area ' No legally existing building or structure shall be deemed non -conforming with respect to setbacks, lot Page 288 of 452 coverage, or building height. z Sidewalks shall be constructed of Holland -stone pavers, red/charcoal color mix by Paver Systems, Inc., or equal, laid in a 4S herringbone pattern. 3 Canopy trees are required 1 per 25 feet. 4 Permanent structures such as columns, balconies, and walls are not permitted within the required active area. 6. Accessory Structures. a. Fences: (1) Fences along street frontages are not permitted on Boynton Beach Boulevard or Seacrest Boulevard. (2) Fences along any street frontages shall not exceed three (3) feet in height. (3) Any fence that is proposed in the reminder of the District shall be decorative in nature. Walls, chain link, board on board, shadowbox, and similar types of fences are prohibited. b. All Darkin2. mechanical eauiament. trash containers. and miscellaneous eauiament shall be landscaped to be screened from view. Page 289 of 452 Z. Building Design. a. Building orientation. Lots with frontage on Boynton Beach Boulevard must orient structures to Boynton Beach Blvd. The main pedestrian entry, or front door, must be fronting Boynton Beach Boulevard. b. Boynton Beach Boulevard and Seacrest Boulevard shall have maximized glazing on first floors. Anv transparent window and door oaenings occuavin2 a ground -level street -facing buildin facade shall comply with the following standards: (1) The opening shall be filled with glazing that has a minimum visible light transmittance of 75 percent and a maximum reflectance of 15 percent. (2) The opening shall be designed to allow view of an interior space at least five feet deep (e.g., transparent openings may include traditional storefront display windows, but not merely glass display cases). The view into a commercial use shall not be permanently obstructed by screens, shades, shutter, or opaque films applied to the glazing. d. Building Wall Articulation. a. Vertical articulation. Walls shall be offset by a minimum depth of two (2) feet once ever fifty (50) linear feet. b. Horizontal Articulation. Buildings shall step -back a minimum of ten (10) feet once the structure reaches forty-five (45) feet in height. Buildings must step back an additional ten (10) feet for every additional fifty (50) feet in height; the additional reauired step -backs may be dispersed in varvina offsets. Page 290 of 452 Fenestration Requirements Ground -level building facade occupied by Commercial Mixed -Use Residential transparent window or door openings (minimum Development N Developments N area Boynton Beach Boulevard 502 Seacrest Boulevard301 5 02 NOTES: 1. These standards also apply to any portion of a ground -level facade facing a courtyard or patio. 2. To count toward this transparency requirement, a window or door opening must have a maximum sill height of 2 feet above grade and a minimum head height of 6 feet, 8 includes above grade. Anv transparent window and door oaenings occuavin2 a ground -level street -facing buildin facade shall comply with the following standards: (1) The opening shall be filled with glazing that has a minimum visible light transmittance of 75 percent and a maximum reflectance of 15 percent. (2) The opening shall be designed to allow view of an interior space at least five feet deep (e.g., transparent openings may include traditional storefront display windows, but not merely glass display cases). The view into a commercial use shall not be permanently obstructed by screens, shades, shutter, or opaque films applied to the glazing. d. Building Wall Articulation. a. Vertical articulation. Walls shall be offset by a minimum depth of two (2) feet once ever fifty (50) linear feet. b. Horizontal Articulation. Buildings shall step -back a minimum of ten (10) feet once the structure reaches forty-five (45) feet in height. Buildings must step back an additional ten (10) feet for every additional fifty (50) feet in height; the additional reauired step -backs may be dispersed in varvina offsets. Page 290 of 452 UNDESIRABLE ARCHITECTURAL VERTICAL ART |QJLAT|ON HORIZONTALART|OULAT|DN TREATMENT ADDED ADDED MAJORITY OF BUILDING WALI LOCATED ALONG STREETR.O.VV. UP TO 25% OF MAJOR BUILDING FACADE MAY BE SETBACK FROM THE STREET r..p q^ruQ/III n.NIr'rnomF-M PROVIDES� ALLEYDES| BETWEEN BUILDINGS PLAZA AREA CREATED HN -HE BUILDINGS SETBACK AREA Page 291 of 452 8. Parking. a. Minimum Number of Required Spaces. The minimum number of required off-street parking spaces shall be calculated in accordance with Chapter 4, Article V, Section 2 b. Allowable Location of Off -Street Parking Spaces. (1) The intent of the BBBOZ is to screen off-street parking areas from abutting rights-of-way and locate buildings along front and side corner property lines. Therefore, on-site parking shall be located within rear and side interior yards for all new projects and those in which parkins areas would be altered to accommodate a proposed building renovation or expansion. (2) Existing parking areas for existing developments may remain if the spaces are unaltered as part of any building renovation or expansion. In these instances, the existing off- street parking area shall be substantially screened from off -premises by a hedge, decorative fencing, arcades, or a combination thereof, provided that such proposal remain consistent with the intent of the BBBOZ, and to the standards of the urban landscape code to the maximum extent possible. Any deviation from the above standards would require the approval of a waiver in accordance with Chapter 2. Article II, Section 4.E. (3) New developments with a Mix Use Low Land Use classification are permitted one (1), single loaded, row of parking in front of the building. c. Exceptions to Providing Required Parking. See Chapter 4, Article V, Section 4.A. for additional provisions regarding exceptions to providing required off-street parking. 9. Signage and Exterior Lighting Standards. a. Signs permitted within the Boynton Beach Boulevard Overlay Zone shall be externally illuminated only, and consist of wall mounted, and/or a protecting sign. b. The size of wall mounted signs shall be calculated at one-half (0.5) square foot of sign area per one (1) lineal foot of building frontage measured along the main building entrance. c. Projecting signs are only permitted on the first floor. Projecting signs and mounting brackets shall be decorative in nature, and the sign face shall not exceed five (5) square feet in size. d. Undercanopy signs are permitted one per doorway and shall not exceed 3 square feet each. All undercanopy signs must have a minimum clearance of 8' e. Proaerties with over 250 feet of linear street frontage on Bovnton Beach Boulevard are permitted one monument sign with a maximum height of five (5) feet, a maximum depth of eighteen (18) inches, and a maximum area of forty (40) square feet. Monuments signs shall be oriented perpendicular to the street. f. Prohibited sign types: Freestanding signs, roof mounted signs, any signs above 40 feet (first four (4) stories), animated, or moving signs. g. All Mixed-use developments are required to provide a plan for parking signage to maximize awareness of and access to public parking locations. h. General lighting of the site shall harmonize with and blend into residential/mixed use environment. Ground lighting and up lighting of the building and landscaping is encouraged. However, when the use of pole lighting is necessary, the fixture height shall not exceed fifteen (15) feet. be decorative in nature and compatible with the color and architecture of the buildir Page 292 of 452 Exhibit E: Overlay Zone Waivers Page 293 of 452 Part III LDR Chapter 2 Article II Planning and Zoning Division Services Sec. 4. Relief Applications. E. Waiver (QfieCultural District Overlay Zone and Boynton Beach Boulevard Overlay Zone). 1. General. a. Purpose and Intent. The purpose of this subsection is to provide an efficient relief process to allow for deviations from certain requirements and standards of Chapter 3 and Chapter 4 as they pertain to the QfieCultural District Overlay Zone (GAG -Z �CDOZ ) and Boynton Beach Boulevard Overlay Zone (BBBOZ). The intent of this application is not to provide a means for circumventing any such requirement or standard but to allow for a departure from the code upon demonstration that the subject request satisfies the intent of the review criteria contained herein. b. Applicability. For property located within the CDOZ or the BBBOZ, the waiver process shall be available for deviations from any development and design standards of Chapter 3, Article III, Section 8.D. 2. Submittal Requirements. The applicant shall submit a letter that addresses the review criteria of Section 3.E.3. below, in addition to submitting any plans and exhibits required by the accompanying site plan, whenever applicable. 3. Review Criteria. The applicant shall justify each waiver request as part of the application for site plan or site plan modification. The applicant shall document the nature of the request, the extent of its departure from the standard regulation, and the basis for the request. The City may request additional information and documentation from the applicant, such as a shared -parking study, or other type of performance related analysis that further justifies the waiver request. The burden of proof shall be on the applicant to present a superior design alternative and demonstrate that the application would further the purpose and intent of the Overlay Zone and not have any detrimental impact on adjacent properties or the surrounding area. 4. Approval Process. A waiver request may be approved by staff if the subject request is reviewed concurrently with a minor site plan modification application, and such application requires administrative review pursuant to the review criteria of Section 2.F. above. Otherwise, the waiver application requires review by the City Commission and shall be processed in accordance with Chapter 2, Article 1, Section 3. 5. Denial. Upon the denial of an application for relief hereunder, in whole or in part, a period of one (1) year must elapse prior to the filing of the same or similar application affecting the same property or any portion thereof; however, this restriction shall not apply to applications which further the City's economic development, workforce housing, or green building programs. Page 294 of 452 6. Expiration. A waiver shall remain valid as long as the corresponding site plan or site plan modification approval remains in effect, or unless there is any amendment to the original waiver. Any amendment to the original approval shall require application for, and approval of, a new waiver. Page 295 of 452 11.A. UNFINISHED BUSINESS 8/1/2017 REQUESTED ACTION BY COMMISSION: Commissioner McCray has requested this item be brought back for reconsideration. The Commission last acted on this item on September 8, 2016. Commissioner Casello made a motion to terminate the City's contract with ATS. Then -Vice Mayor McCray seconded the motion. The motion passed 3-2, with Mayor Grant and then -Commissioner Katz dissenting. EXPLANATION OF REQUEST: On August 3, 2009, the City of Boynton Beach and American Traffic Solutions ("ATS") entered into a Professional Services Agreement, as amended, to facilitate the implementation of the City's red light camera program. Through its Business Rules, the City established a process to review photographic images and streaming video of potential red light violations. In October 2014 the Fourth District Court of Appeal issued an opinion about the City of Hollywood's red light camera program ("the Arem case"). Although the Boynton Beach program is distinct from, and different than, the program described in the Arem case, local judges and hearing officers decided to dismiss all of the City's pending red light cases and used the Arem case as a basis to do so. The City Commission then voted to suspend the City's red light camera program until the matter could be resolved. City staff revised the Red Light Camera Business Rules to address the opinions expressed by the local judges and hearing officers. The City also made a few changes based on the opinions expressed in the Arem case, even though the City's program has always been different than the program described in the Arem case. Following these program modifications, on August 4, 2015, the City Commission approved the Fourth Amendment to its agreement with ATS and authorized the City's red light camera program to resume operation. Pursuant to the amended agreement with ATS, the City received a three-month financial credit for the time that the cameras were turned off and a reduction in the monthly lease amount per camera. The City has the option to cancel the ATS contract for any reason or no reason at all, effective December 31, 2016. To do so, the City must notify ATS on or before October 3, 2016. Otherwise, the contract will continue through its expiration date of May 14, 2021. On September 8, 2016, the Commission voted to cancel the City's contract with ATS, effective December 31, 2016. The City stopped issuing red light camera violations as of December 31, 2016. Due to the normal function of the red light camera statute and the court system, as of today, there are still pending red light camera cases. Therefore, both City staff and ATS staff are actively working on pending violations pursuant to the terms and conditions of the City's contract with ATS. The City's red light camera program has been challenged multiple times. Thus far, the City's pre-Arem and post-Arem programs have survived those challenges. At the local administrative hearings, the Red Light Magistrate has heard testimony and evidence regarding the City's modified red light camera program and made a ruling that the City's red light camera program is legal. The traffic infraction hearings in County Court have been heard by at least four (4) different Traffic Hearing Officers. Each Traffic Hearing Officer has heard testimony and evidence regarding the City's modified red light camera program and made a ruling that the Page 296 of 452 City's red light camera program is legal. Thus far, whether pre-Arem or post-Arem, the local, trial, and appellate courts have found Boynton Beach's red light camera program to be lawful. In 2015, Judge Eissey, a County Court judge, dismissed the City's cases based on the City's pre-Arem red light camera program and he used Arem as a basis for his dismissal decision. The City appealed Judge Eissey's decision to the Circuit Court and the Circuit Court reversed Judge Eissey's ruling, finding that the City's pre-Arem program was legal. Two violators, Anderson and Brown, filed two separate Circuit Court appeals based on the City's post-Arem program. In both cases, the Circuit Court ruled in Boynton Beach's favor and found that the City's post-Arem program is legal. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Should the proposed Motion to Reconsider passes, the Commission will also need to pass a Motion to Rescind its September 14, 2016 letter of termination to ATS. If the Commission chooses to rescind cancellation of the contract, the Commission will have to direct the City Attorney to notify ATS of the decision, request ATS's acceptance, and resume issuing red light camera violations. At the direction of the Commission, the City Attorney, City Manager, and Police Chief may work with ATS to resume using cameras to enforce red light violations. The ATS cameras and infrastructure are still in place, so enforcement pursuant to the terms and conditions of the contract may resume once the City staff and ATS staff are fully re -mobilized. Resuming the red light camera program will support the City's original stated goal of protecting the Citizens of Boynton Beach from the danger created by individuals who run red lights in violation of Florida law. FISCAL IMPACT: Budgeted The amount of the fine is $158 per ticket, $83 is remitted to the State of Florida and $75 is retained by the City to operate the program. For the most recent fiscal year 2015/2016, the average monthly revenues and expenses were: Fines Received $262,000 Amt to the State13( 8.000 Amt retained City 124,000 Operating costs - ATS camera lease ($65K), legal ($14K), magistrate ($1 K)(80,000) Amt remaining in traffic fund 44,000 In previous years the traffic fund covered personnel costs for 3 staff members at a average monthly cost of approximately $17,000. ALTERNATIVES: Take no action to revive the City's red light camera program. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 297 of 452 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: American Traffic Solutions, Inc. START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: EXTENSION EXPLANATION: 1 ATTACHMENTS: Reviewer Type D Letter D Agreement D Attachment D Agreement D Agreement D Agreement D Agreement D Agreement Fbl= REVIEWERS: Description ATS Contract Termination letter Original Agreement with ATS Minutes 9-8-16 First Amendment to ATS Contract Second Amendment to ATS Contract Third Amendment to ATS Contract Fourth Amendment to ATS Contract Seriveners Error correction to Fourth Amendment Minutes from the August 4, 2015 discussion on ATS Contract Department Reviewer Action Date Finance Pyle, Judith Approved 7/25/2017 - 4:31 PIM Finance Pyle, Judith Approved 7/25/2017 - 4:31 PIM Assistant City Manager Pyle, Judith Approved 7/25/2017 - 4:32 PIM Legal Swanson, Lynn Approved 7/25/2017 - 4:38 PIM Legal Swanson, Lynn Approved 7/26/2017 - 3:12 PIM City Manager LaVerriere, Lori Approved 7/28/2017 - 8:48 AM Page 298 of 452 Bea ch Bo ale vard 100 E, Bayn ton Box 310 Boynton Beach, Florida 5742-6050 FAX' 5 742-6054 September 14, 2016 et rl rs®trcin n -1 David M. Roberts Chief Financial Officer, American Traffic Solutions, Inc. TM 1150 N. Alma School Road Mesa, AZ 85201 RE: City of Boynton Beach ("City") — Notice of Contract Termination Dear Mr. Roberts, At its August 16, 2016 meeting the City Commission approved, by a 3 — 2 vote, the continuation of the Professional Services Agreement with American Traffic Solutions ("ATS") by agreeing not to exercise its right to terminate as permitted in the Fourth Amendment to the Agreement. At its September 8, 2016 meeting, following a motion for reconsideration by a Commissioner who was on the prevailing side of the August 16th vote, the Boynton Beach City Commission voted again, this time to terminate its Agreement with ATS. The vote was 3 — 2. This letter constitutes the City's formal notice that it is terminating its Professional Services Agreement with ATS. Pursuant to the Fourth Amendment, the Agreement will end December 31, 2016. Please contact the City Attorney's Office regarding any Agreement close-out matters. Thank you for your courtesy and professionalism. WVe tr your , e en B. Grant Mayor CC: Commission (by electronic mail) James A. Cherof, City Attorney; Lori LaVerriere, City Manager; Jeffrey Katz, Chief of Police Rebecca Collins, ATS General Counsel (by electronic mail to Rebecca.Collins@atsol.com) Dan Reeb, ATS Associate General Counsel (by electronic mail to Dan.Reeb@atsol.com) 100150417.130&-08060201 America's Gateway to the Gulfstream Page 299 of 452 EXCLUSIVE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Agreement is made as of this day of , 2009 by and between American Traffic Solutions, Inc., a Delaware Corporation, licensed td do business in Florida, with offices at 14861 N. Scottsdale Rd, Suite 109, Scottsdale, Arizona 85254 ("Vendor"), and The City of Boynton Beach, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City"). WHEREAS, Vendor has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and Notice of Infraction processes related to the digital photo red light enforcement systems provided by Vendor pursuant to this Agreement; and WHEREAS, on December 16, 2008, the City Commission of the City adopted Ordinance 08-034 to authorize the City's Red light Enforcement Program and provides for the implementation and operation of such; and, WHEREAS, the City Commission finds it in the best interest of the City to utilize the competitive bidding process employed by the City of Aventura, and award an Agreement to Vendor along the same terms and conditions as set forth within the February 8, 2008, Agreement between the City of Aventura and Vendor, except as amended herein. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows. AGREEMENT 1.0 A preernent. The parties agree to the terms and conditions of the February 8, 2008, Agreement between the City of Aventura and the Vendor, a copy of which is attached hereto and incorporated herein, except as amended as follows: A. All references to the City of Aventura shall be deemed as references to the City of Boynton Beach. B. All references to Aventura Ordinance 2007-15 shall be deemed as references to Boynton Beach Ordinance 08-034. S CMAGMTSIPtggyb%,k 1ATS -Red [.fight [:amera► doe Page 300 of 452 C. Section 14 shall be amended to reflect the Notice information for the City of Boynton Beach to be as follows: City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 "Telephone: (561) 742-6010/ Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 / Facsimile: (954) 771-4923 D. Sections 1.28 and 6.2 shall be amended to provide for a sixty (60) day Warning Period. Section 10.8 is amended to read: "At the conclusion of the Warning Period, and the 2010 session of the Florida Legislature, the City and Vendor will review the indemnification provisions in this Section 10." F. Section 24.0 shall be amended to provide for venue in Palm Beach County, Florida. G. Exhibit A, "Designated Intersections," to the Aventura Agreement, shall be replaced with Exhibit A, "Boynton Beach Designated Intersections," attached hereto. H. There shall be an Exhibit G to the Agreement, the DMV Subscriber Agreement, which shall be executed by the City of Boynton Beach and attached to this Agreement. In the event of a conflict between the terms of the Aventura Agreement as amended hereto and the terms of the City's Ordinance, the terms of the City's ordinance shall prevail. 2.0 License for City Information. Vendor acknowledges that the names, logos, service marks, trademarks, trade dress, trade names and patents, whether or not registered, now or hereafter owned by or licensed to City are proprietary marks and Vendor will not use the marks for any purpose except as expressly permitted in writing by the City. Upon termination of this Agreement, Vendor shall immediately and permanently discontinue the use and display of any marks. Page 2 o f' 6 5 r(WAQMT%kPiWNck f A {'S - Red Light C wera) dm Page 301 of 452 3.0 In the event that the Aventura Agreement is amended, or terminated, Vendor shall notify the City within ten (10) days. In the event the Aventura Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. 4.0 The Vendor agrees that in the event it enters into an Agreement for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Agreement, the parties shall enter into an Addendum to provide those terms to the City, SIA ..+ CITY OF BOYNTON BEACH, FLORIDA WITNESSES: J ffb6 MEN WD14 V9,111,11 41CA1AGMTSIPiggybuk (A 1 S Red Light Camera) do BY. Print e: Title: `4t/ Page 3 of 6 Page 302 of 452 ss: A IIIIIirtr-rl COUNTY OF , V'q A A V4 ON THIS �Oday of 2009, before me, the undersigned notary public, personally appeared -4 rl It" --T-,-- -1—A 1-y- %V1W Tg4 known to me, -I -wko 4+m produced and is the person who subscribed to the foregoing instrument �in—di�h� acknowledged that he executed the same on behalf of said Corporation and that he was duly authorized to do so, My Commission Expires: Z3-" S \CMAGMTS\Piggybwk (ATS - Red Light Camera) doc 111111111111 11111111111 pil 1111111111111 III IWWA I0''A 5A Mud A' "RIMIA AMU 'NOTARY PUBLIC I " f►d 0" ��IIIIIIII� III, wd-i-6 , Print or Type Name Page 303 of 452 EXHIBIT "A" Boynton Beach Blvd and Congress Avenue Congress Avenue and Gateway Blvd, Congress Ave and Woolbright Rd Federal Highway and SE 23rd Ave Boynton Beach Blvd and Seacrest Blvd All approaches All approaches All approaches All approaches Allapproaches Along with such additional Intersections, as Vendor and the City shall mutually agree on from time to time. Page 5 of 6 S ICAW3MTS,Prggyhack (ATS - Red Light Camera) dur. Page 304 of 452 EXHIBIT D.. SUBSCRIBER AGREEMENT l 7 \ R is S CMAGMTSTiggyback (ATS -Red LightCamera)dm Page 305 of 452 ! 1, I,r �,��h i�Jz f> 1' 4' >,'y (,� 'h ii y- r ,, ft, ATS requires that your agency cer'Ify the intended use of :he information made availabie to your agency through our services and that such uses ,are in comoliance wr"'t "}e Federal Driver's Piwacy Protec,*n Act Title XXXI and other applicable laws goveming dissemination of public records. Based on your agencys amended use of such information. ATS will either grant permission :o use the service or deny me application Please specify any of the follow'ng permtssl*)Ie uses under §2721 that apply (1) For use by any govemmen- agency. including any court of law enforcement agency in carrying out :'s func-rons, or any private person or entity acting on behalf of a Federal, State or local agency In carrying ow, its funcIons (4 i For use in connection -ovith any cNil, cnminal. adminis-ra-,ve, or arbitra: proceeding in any Federal. State, or locat court or agency or *efore any seif- regulatory body, inctudmg the service of process, investigallion in anticipation of Irtrgaum, and -tie execution or enforcement of judgrvnts and orders, or pursuant to an order of a Federal, State, or local court +,7) For use In providing no'ice to -he owners of towed or :mpounded vehicles ( 10) For use in connection with the operation of private *oil transportation facilities in consideration of ATS making its Services available Subscriber agrees -o (i) utilize ATS provided data only for the purpose(s) specified above-. and ;ii; request such mformation only for ,he Sui.scriber s exclusive use in -_" ordinary course of Subscriber's 'wsrness and no' for resale I cerify that ; am awhorized to execute the Subscnber Use Certification on I.ehaif of the Subscriber listed below 4n behalf of such Su:)scrit)er, I cw.ify that the above statements are 'rue anc correc- Suascri;yer acknowledges and agrees that ATS may from this to time audr. Subscnber's vise of ATS's Services -o ensure that such use is consistent with the intended uses set fors, above and with all appiicabie laws This agreement shall be for year(s) commencing on ;he date below and shall automabcally renew annually Thas agreement may !)e terminated w7 -min X days no -ice of the anniversary date, annually SUBSCRIBER INFORMATION Si --scriber Agency.Nanie NIL 'S Agency OR, Name of Authorized Representeove 'ire of Au r :ed Remseritatve Actaress ;rry -eleohone Fa) 5 grature of Authomeo fRepreseniarve Confidential Information _ Photo Enforcement Services Apreement 15!aw ZIP Coce Emai Page 306 of 452 Meeting Minutes City Commission Boynton Beach, Florij 111161$111111 - Jeff Clemens, Florida Association for Insurance Reform, thanked the City Commission for approving r program earlier in the meeting. A. Commissioner Romelus has requested this item be brought back for reconsideration - The Commission considered this item on August 16, 2016 and Mayor Grant, 'Commissioners Katz and Romelus voted in favor of not opting out of this contract by October 3, 2016. Commission discus,41on of (1) Red Light Camera Program and (2) whether to cancel or extend American Traffic Solutions contract. Commissioner Romelus commented the Commission had previously voted on the Issue a few weeks back. After thinking about the matter and receiving a lot of information she wanted to revisit the item'. Commissioner Casello seconded the motion. U.-IM1111M im a I ir-ILDI I �A ii tej PI &(*X -j �JA i [a at] 10 L�J-# KII R m Page 307 of 452 M.-MMMIMP asked how the City compares to pay and salary to other surrounding communities and learned the City has the third highest starting qalary in Palm Beach County. The City Commission has been good to the department offering 6% and 3% raises, but they had gone without raises in the past. Union negotiations are ongoing which involves a career path and pay plans. Commissioner Romelus asked how the Department compared to surrounding municipalities and learned they were competitive, but with overtime, some Sergeants make more than the Chief. Iffe-Uty'-could use Ine monej Lo 00 sometning Onse. one OpIFIUU We P jSraM�NIUj.TLFUL"VIf red. commented they cannot hire 15 new police officers with no money. If there is a way to identify an additional million in the budget to hire them, then fine, but the revenue from thz zamera program cannot pay for things, if the program is defunct. Mayor Grant -•1 • the • could •- •-r Mr. Howard explained ft use Jt for additional police officers or take $1 million from Reserves. Mayor Grant passed the gavel and moved to table this decision for 30 days to have more discussion with ATS or see what they can do. Even if they decline • renew the • 11 is still active for the next three • K2 Page 309 of 452 Meeting Minutes CRY Commission .. L W Ilk Wt. =1 40111 iMT,,rzrKMTMzZk Fromm- 0 a M DOW OJFTJT� Q-om missioner Katz -ff ong to Ltalle 11,41 'r Ogg 'r wo, --,Aiw o =O; fling Mi•g7,664 4 1,! q,d 1-7EQE)'A%j M -%J V It LWIRIft$lilf 1;;1* 11101;4 file] 11411 The motion tailed 2 to 3 (Vice Me'yor McCray, Commissioners Casello and Rornatus dissenting.) Mil MIERJ IN-a"1171U.1 4 0 •1 ITZE: no I@ lot eip un e Police 10epa en so ey wil be Tvailabie when they are needed in the City. Commissioner Casello moved to terminate the ATS contraa' Vice Mayor McCray seconded the motion. ffi Page 312 of 452 * in 11 0 N Mil i,517411 milf.] I I. F I Y0171 179g =#, 1 7, 1111�11o� 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. RIS -113 - Approve the Interlocal Agreemeni -with the Town of Ocean Ridge for the provisions of Fire Suppression, Emergency Medical and Fire' Life Safety services for the term October 1, 2016 through September 30, 2028. 51 ine &Tniudct is ;vi, are Fez -1 every three to four years, which worked out well. F.= Vice Mayor McCray explained they needed to decide a time to light the Christmas Tree and he thought the parade time should be changed and the lighting of the tree should be done on the same day. He wanted to hold the parade at 3 p.m. Wally Majom, Recreation and Parks Director, explained the change was they could delay the. start of the parade for an hour or two if it rained. If the parade starts at 3 p.m., there is no room to delay. It gets dark fairly early and they have crews removing barricades and picking up equipment. Vice Mayor McCray commented the intent at 3 p.m. was to coincide with'the lighting of the -tree. Last year was the first time the parade was rained out. Vice Chair McCray explained the.parade always started late and they did not have a problem before. Ms. LaVerdere also explained because of the construction of 500 Ocean, they had to change the route. They were starting at 12th coming up to Ocean. It is very dark as the area was not well lit. 4.1 Page 313 of 452 1 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY COMMISSIONOF THE CITY OF BOYNTON BEACH,1' 1APPROVING AUTHORIZING CITY CLERK OF AMENDMENT1 I TO THE EXCLUSIVE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT i R1 "• 1 PROVIDING DATE.EFFECTIVE WHEREAS, in 2009, the City entered into an Agreement with American Traffic Solutions, Inc. (ATS) to implement a red light camera enforcement program pursuant to City Ordinance 08-034; and WHEREAS, as a result of State Law enacted during the 2010 Legislative Session, it was necessary for the City to amend its ordinance and implement the red light camera enforcement program pursuant to the State Law; and WHEREAS, it was also necessary for the City to amend its Agreement with ATS since the scope of services and the compensation structure changed as a result of the State Law; and WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it in the best interest of its residents and citizens to approve the Amendment No. 1 to the Exclusive Agreement Between the City of Boynton Beach and American Traffic Solutions for Photo Red Light Enforcement Program and authorize the City Manager and City Clerk to execute the document. Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed S lC'A�RESO\Agreemenls�Rcso • Amendment No ; to A'rS Ked Light Agmt.doc Page 314 df 452 1 2 3 4 44 10 11 12 13 14 15 16 17 18 19 20 21 22 3 2 25 2 27 28 29 30 31 32 33 34 3 3 s being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and approve execution by the City Manager and City Clerk of the Amendment No. I to the Exclusive Agreement Between the City of Boynton Beach and American Traffic Solutions for Photo Red Light Enforcement Program, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. NA PASSED AND ADOPTED this Tday of September, 2010. W 1.'►' I M. Prainito, MMC Clerk Commissioner - Wo hmendmem No u, ATS Red Light Agmt.doc Page 315 of 452 �10,.-f/v This Amendment No. 1 (the "Amendment") to the Exclusive Agreement Between The City of Boynton Beach and American Traffic Solutions For Photo Red Light Enforcement Program datedas f August 3, 2009 (the "Agreement") is made and effective as of this day of 2010 by and between the City of Boynton Beach, Florida, a municipal corporatlo (the "City") and American Traffic Solutions, Inc., a Kansas corporation ("Vendor"). WHEREAS, on or about December 18, 2008, the City adopted Ordinance No, 08-34, codified at Chapter 14.5 of the City's Code of Ordinances, which provides for the enforcement of red light violations using traffic infraction detectors (the "Ordinance"); and WHEREAS, on or about August 3, 2009, the City and Vendor entered into the Agreement, whereby the City and Vendor agreed to the provision by Vendor of services to the City in connection with the enforcement of the Ordinance, subject to the terms and conditions stated in the Agreement; and WHEREAS, the Agreement provides that "the City Commission finds it in the best interest of the City to utilize the competitive bidding process employed by the City of Aventura, and award an Agreement to Vendor along the same terms and conditions as set forth within the February 8, 2008, Agreement between the City of Aventura and Vendor, except as amended herein" (the February 8, 2008 Aventura Agreement is referred to herein as the "Aventura Agreement"); and WHEREAS, on or about May 13, 2090, the Governor of the State of Florida signed CS/CS/1-118325 into law, resulting in the Law of Florida 2010-80 taking effect on July 1, 2010, and WHEREAS, Law of Florida 2010-80 expressly authorizes municipalities to use traffic infraction detectors to enforce certain provisions of Chapter 318 of the Florida Statutes, subject to certain requirements; and WHEREAS, the City has amended Ordinance No. 08-34 and Chapter 14.5 of the City's Code of Ordinances to provide for the enforcement of red light violations using traffic infraction detectors in accordance with the provisions of Law of Florida 2010-80; and WHEREAS, the City and Vendor wish to amend and modify the Agreement to align the provision of services by Vendor with the provisions of Law of Florida 2010-80; Page 316 of 452 NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Contractor and City agree that the Agreement shall be and hereby is amended and modified on the terms provided herein: 1, Recitals. The preceding recitals are true and correct and are incorporated into this Amendment by reference. Definitions. Section 1 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.0 Definitions. The following words and phrases shall have the following meaning in this Agreement: 3. Definition of "Authorized Employee." Section 1.1 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.1 "Authorized Em to ee" means a Traffic Infraction Enforcement Officer, whose duties and qualifications are set forth in Law of Florida 2010-80, as may be amended or recodified from time to time. 4. Definition of "City Ordinance." Section 1.3 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.3 "CA -y- Ordinance" means Chapter 14 5 of the City's Code of Ordinances, as may be amended or recodified from time to time. ® Definition of "Civil Fee." Section 1.4 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.4 "Civil Fee" means the penalty assessed for violations of Florida Statutes §§ 316.074(1) or 316.075(1)(c)1 pursuant to Florida Statutes § 316.0083, as may be amended or recodified from time to time. 6. Definition of "Enforcement Documentation." Section 1.8 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1,8 "Enforcement Documentation" means the necessary and appropriate documentation related to the issuance and collection of Notices of Violation for the enforcement of Infractions including Notices of Violation, instructions for Notices of Violation, form affidavits, instructions for form affidavits, reminder letters, a ___....... ....................... _ — .... __ .....,_.. ........ .......... ..... . ..... Page 2ol,24 Boynton Beach, FL—ATS Contract Amend menl_Final_2010.06.19 City of Boynton Beach, FL Page 317 of 452 numbering sequence for Notices of Violation, chain of custody records, and technical support documentation. 7. Definition of "Infraction." Section 1.11 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.11 "Infraction" means any violation of Florida Statutes §§ 316.074(1) or 316.075(1)(c)1 that may be enforced pursuant to Florida Statutes § 316.0083, as may be amended or recodified from time to time. 8. Definition of "Notice of Infraction." Section 1.15 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.15 "Notice of Violation" shall mean the notice of an Infraction, which is delivered by first class mail by Vendor to the owner of a motor vehicle involved in an Infraction based upon the appropriate E=nforcement Documentation pursuant to the requirements of Law of Florida 2010-80, as may be amended or recodified from time to time. All references to the term "Notice of Infraction" in the Aventura Agreement, as incorporated into the Agreement, and the Agreement are deleted and replaced with the term "Notice of Violation." 9. Definition of "Ordinance," Section 1.17 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.17 "Ordinance" shall mean Chapter 14.5 of the City of Boynton Beach's Code of Ordinances, as may be amended or recodified from time to time. 10. Definition of "Potential infraction." Section 1.20 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.20 "Potential Infraction" means, with respect to any motor vehicle passing through a Designated Intersection, the data collected by the Vendor System with respect to such motor vehicle, which data shall be processed by the Vendor System for the purposes of allowing the Authorized Employee to review such data and determine whether an Infraction has occurred. 11. Removal of Duplicate Definitions of "Traffic Safety Camera Program." Section 1.25 of the Aventura Agreement, as incorporated into the Agreement, is retitled "Photo Red Light Enforcement Program." Page 3 of Boynton Beach, FLATS Contract Amendment_Fina1_2010 08.19 City of Boynton Beach, FL Page 318 of 452 12. Definition of "Warning Period." Section 1.28 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 1.28 _Warning Period" means the period of 30 days prior to the Installation Date of the first intersection approach. 13. Prosecution. Section 3.4 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 3.4 Prosecution. The City shall prosecute Infractions pursuant to the terms, procedures, and requirements of the City Ordinance and general law, subject to the City's routine law enforcement discretion. 14. Fees and Payment. Section 6 of the Agreement will now include this wording as follows: Flexible Payment Plan. During the term of the contract, payments by the Customer may be made to ATS under a Flexible Payment Plan. Under the f=lexible Payment Plan, the Customer may defer certain payments to ATS until the Customer has collected sufficient funds pursuant to the terms of the contract. If, at the end of the term of the contract, sufficient funds have not been collected by the Customer to pay the balance then due to ATS, ATS agrees to waive its right to recovery of any outstanding balance. For purposes of this clause, the term "funds" means the revenue retained by the Customer according to the distribution methods applicable under this contract and applicable state law. This clause will be applied as follows: ATS will maintain an accounting of any net naiances owed to ATS. If the amount collected during a billing period exceeds the amount of ATS invoices during the same period, the Customer shall pay ATS the total amount due. If the amount collected during a billing period is less than the amount of ATS invoices during the same period, the Customer shall pay ATS the amount collected, and may defer payment of the remaining balance. Payments due to ATS shall be reconciled by applying future funds collected, first to the accrued balance, and then to the invoice for the current billing period. At any time that ATS invoices, including any accrued balance, are fully repaid, the Customer will retain all additional funds collected during that billing period. Such additional funds (whether reserved in cash or not by the Customer) will be available to offset future ATS invoices, 15. Termination for Cause. Section 6.1 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: Boynton Beach, FLATS Contract Amendment_Final_2010.08.19 City of Baynton Beach, FL Page 319 of 452 6.1 Termination for Cause: Either party shall have the right to terminate this Agreement immediately by written notice to the other if (i) state or federal statutes are amended, or regulations adopted by agencies with jurisdiction, to prohibit the operation of photo red light enforcement systems, to make it impracticable to operate the red light enforcement program, or to impose restrictions on revenues and uses that are materially contrary to the terms of this Agreement or the provisions of the current State Law: (ii) any court having jurisdiction over the City rules or declares, that the city's red light enforcement program, or the program set forth in the State Law, is invalid, or results from Vendor System of photo red light enforcement are inadmissible in evidence due to a defect in the manner in which such results were obtained or processed (in which case, Vendor shall have the opportunity to cure such defect, as provided below), or otherwise renders a decision that makes it impracticable to operate the red light enforcement program; (iii) a determination by a court of competent jurisdiction or other applicable dispute resolution forum that Vendor has infringed upon a third party's patent, trademark, copyright, trade secret or other intellectual property; (iv) the other party commits a material breach of any of the provisions of this Agreement; and (v) Vendor's non- payment of revenues to City as required by this Agreement. In the event of a termination due to this Section, City shall be relieved of any further obligations to Vendor other than as specified herein. Either party shall have the right to remedy the cause for termination within forty-five (45) calendar days (or within such other time period as the City and Vendor shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the non -causing party setting forth in reasonable detail the events of the cause for termination. The rights to terminate this Agreement given in Section 6.1 shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agreement. % Warning Period. Section 6.2 of the Aventura Agreement, as incorporated into the Agreement, is deleted and replaced with the following: 6.2 Warning' Period. Vendor shall provide assistance to the City for a periodic announcement and awareness campaign required thirty (30) days in advance of the commencement of the City's program. 17. Procedures for Processing Payments. Sections 7.2, 7,3, and 7,4 of the Aventura Agreement, as incorporated into the Agreement, are deleted and replaced with the following: . .. Page 5 oY 24. Boynton Beach, FLATS Contract Amendment_ Fina1-2010.00.19 City of Boynton Beach, Ft - Page 320 of 452 7.2 Vendor shall be responsible for processing payments of Civil Fees paid pursuant to Notices of Violation and, to the extent practicable and permitted by the court, Uniform Traffic Citations. Vendor shall provide payment means through mail, telephone and on-line processes. Vendor shall track all payments and handle all applied payments, unapplied payments, overpayments, refunds, adjustments, dismissals and reversals. Any payments made in person to the City will be taken by the City and applied through Axsis System, 7.3 Vendor's lockbox shall remit to the designated City account all payments received during a week, no later than 5:00 p.m. Eastern Time on Tuesday of the following week. If such Tuesday is a legal holiday or a day upon which banking services are not available, Vendor's lockbox shall remit such payments on the next day that is not a legal holiday and that banking services are available. 7.4 Vendor shall invoice the City for all applicable fees for services rendered by Vendor pursuant to this Agreement according to the fee schedule delineated on Exhibit F. Along with the invoice. Vendor shall provide information to the City, in a format acceptable to the City, supporting the invoice amounts forwarded by Vendor to the City. In addition, City shall have access to Vendor's financial records evidencing payments for all paid Notices of Violation and for Uniform Traffic Citations (the "UTC") for red zone infractions at City's Designated Intersections upon City's reasonable request. 18. Legal Challenges and Indemnification. Sections 10.4, 10.5, 10.6, and 10.8 of the Agreement are deleted, except that the provisions of Section 10.4 (cost of legal challenges) shall continue in full force and effect as to any legal challenge within the scope of Section 10.4 to the extent that such legal challenge (a) was filed with a court of competent jurisdiction on or before June 30, 2010 or (b) is based upon the Photo Red Light Enforcement Program as it existed and was operated prior to July 1, 2010. In the event of any legal challenge to the City's enforcement of the State Law, Vendor shall provide reasonable administrative assistance to the City in responding to that challenge, including, but not limited to, providing reasonable assistance to the City in responding to discovery sought from the City, providing reasonable assistance to the City in explaining and presenting the technicial aspects and operations of the Vendor Photo Red Light System, and providing reasonable assistance to the City in identifying and locating violations. 19. Exhibits. Exhibits A, B, C, D, and F to the Agreement are deleted and replaced with Exhibits A, 13, C, D, and F to this Amendment. The terms of Exhibit "F", "Service Fee Schedule" (the "Schedule"), shall be subject to the following conditions; A. Reopener. If the provisions of the Service Fee Schedule (Exhibit F) have operated to the material financial detriment of a party when compared to the operation of the Photo Red Light Enforcement Program prior to the execution of this Page 6 o124 Boynton Beach, FL—ATS Contract Amendment— Final_2010. 06, 19 City of Boynton Beach. FL Page 321 of 452 Amendment No, 1 then that party may provide the other party with written notice explaining how the Service Fee Schedule has operated to that party's material financial detriment and requesting to negotiate an amendment to the Service Fee Schedule (a "Reopener Notice"). The parties shall act in good faith to negotiate an amendment to the Service Fee Schedule that addresses, in a manner that is fair and equitable to both parties, the matters raised in the Reopener Notice. If the parties fail to reach agreement upon an amendment to the Service Fee Schedule within 90 days of the Reopener Notice, then either party shall have the right to terminate this Agreement without penalty or early termination fee, subject to the terms and conditions of Section 6.3 of the Agreement, by providing 30 days advance written notice to the other party, such notice to be given no later than 100 days from the Reopener Notice. This provision shall expire and be of no further force or effect 365 days from the Effective Date (the "Expiration Date"); provided, however, that if a Reopener Notice is given pursuant to this section before the Expiration Date, the parties shall have the negotiation and termination rights provided in this Section, notwithstanding the passage of the Expiration pate, solely with respect to that Reopener Notice. 20. Most Favored Governmental Entities. The Vendor agrees that if, after the Effective Date of this Amendment No. 1, it enters into an agreement for the same or substantially similar scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, that are more favorable than the terms in the Agreement, as modified by this Amendment, the City may provide Vendor with written notice explaining how the new agreement is for the same or substantially similar services and how the new agreement contains terms or conditions that are more favorable than the terms in the Agreement, as modified by this Amendment and requesting to negotiate an amendment to the Agreement (a "New Agreement Notice"). The parties shall act in good faith to negotiate an amendment to the Agreement that addresses, in a manner that is fair and equitable to both parties, the matters raised by the City in the New Agreement Notice. If the parties fail to reach agreement upon an amendment within 90 days of the New Agreement Notice, then the City shall have the right to terminate this Agreement without penalty or early termination fee, subject to the terms and conditions of Section 6.3 of the Agreement, by providing 30 days advance written notice to the Vendor, such notice to be given no later than 100 days from the New Agreement Notice. 21. Effect of Amendment on Agreement. Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement and Aventura Agreement, as incorporated into the Agreement, shall remain in full force and effect. Unless a different meaning is specified in the Amendment, all capitalized terms used herein shall have the meaning described in the Agreement. In the event of a conflict between the terms of this Amendment, the Agreement, and the Aventura Agreement, as incorporated into the Agreement, the terms of this Amendment shall prevail and control. 22. Entire Agreement. The provisions of this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. All representations and promises made by any party to another, whether in writing or orally, concerning the subject matter of this Amendment are merged into this Amendment. Except as amended by this Boynton Beach, FL_A7s Contract Amendment—Final-2010.08.19 City of Boynton Beach, FL, Page 322 of 452 Amendment, the terms of the Agreement and the Aventura Agreement, as incorporated into the Agreement, shall continue in full force and effect. 23. Counterpart Execution, This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. Each party represents and warrants that the representative signing this Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. RJUMOG-1110-YU0 *- . a _ I Ci Clerk ate APPROV74AST01 MORMn ! i : i .i 11 Boynton Beach, FLATS Contract Amendment_Final_2010.08 19 F. Teton Chief Operating Officer M City of Boynton Beach. FL Page 323 of 452 M smmaelaa= On this j'y' 41�11 0 __.�-day of 10, before me, the undersigned notary public, pe rs o n a I I y a p p e a r d A2ajt,&7F,,—T -u +a v-) - personally known to me or who has produced Drive4rs La,# e, as identification, and is the person who subscribed to the foregoing instrument and who acknowledged that he executed the game on behalf of American Traffic Solutions, Inc, and that he was duly authorized to do R! 0. IN WITNESS WHEREOF nto set my hand and official s al. ee I .�l Nt, WHEREOF t U- I he e a and oTjTca, s a V V t CATHERINE E WILKINS Notary Public Arizona Notary Public - Arizona Seal: Maricopa County • My Comm Expires Feb. 0 Nn - —URIC My Comm. Expires Feb 7. 2014 _ My commission expires: Cr I f-- i 1Print Name Pf1b -�, ED 4 ge" '19 :f Boynton Beach, FL -ATS Contract Amendment-Nnal-2010.08.19 City of Boynton Beach, FL Page 324 of 452 City will designate first phase implementation of cameras at designated intersections. Vendor shall make its best efforts to install a camera system within thirty (30) days of permits being granted and power delivered for each agreed upon approach, during the term of this Agreement, providing that City has received permission for all implementations in writing from any third -party sources. Designated intersections to be analyzed: Boynton Beach Blvd and Congress Avenue All Approaches Congress Avenue and Gateway Blvd. All Approaches Congress Avenue and Woolbright Rd, All Approaches Federal Highway and SE 23rd Ave All Approaches Boynton Beach Blvd and Seacrest Blvd All Approaches The intersection approaches to be installed pending a constructability analysis and notice to proceed from the City include, but are not limited to, the following: 1) EB W Boynton Beach Blvd / NW 2nd Ave @ N Congress Avenue 2) EB E Gateway Blvd @ N Congress Ave 3) NB S Federal Hwy @ SE 23rd Ave 4) EB W Woolbright Rd @ S Congress Ave 5) NB N Congress Ave @ E Gateway Blvd 6) NB N Congress Ave @ W Boynton Beach Blvd ! NW 2nd Ave 7) SB N Congress Ave @ W Boynton Beach Blvd ! NW 2nd Ave 8) SB S Congress Ave @ W Woolbright Rd 9) SB S Federal Hwy @ SE 23rd Ave 10)WB W Boynton Beach Blvd / NW 2nd Ave @ N Congress Ave 11)WB W Woolbright Rd @ S Congress Ave 12)NB S Congress Ave @ W Woolbright Rd 13)SB N Congress Avenue @ E Gateway Blvd Implementation and installation of any approach is subject to video analysis and engineering results. Additional approaches may be selected in addition to first phase implementation and may be selected based on collision history, community safety and engineering feasibility assessments. Vendor can provide City with video evaluation of candidate approach sites using the AXSIS VIMS system to assist City in its recommendations. Camera installations will be based on mutual agreement by City and Vendor. This program may be implemented at additional intersections. The intersections will be designated by the Police Department, which designation will be based upon Police Department Staff review and an engineering analysis. ...._._._. .N._....... .. P.....,...�..� _.................. _....... M........... ......... .._. ....... ._ Page 10 of 24 Boynton Bea&, FLATS Contract Amendment Final -2010.08.19 City of Boynton Beach, FL Page 325 of 452 City Administration and Police Department, and Vendor, will periodically review installed equipment at selected approaches. The City may request the relocation of a camera, at Vendor's cost, based upon this review; provided, however, that if the City requests the relocation of a camera fewer than twelve (12) months after the installation of that camera, the City shall bear the cost of such relocation, and if the parties cannot agree on a suitable alternative location the installed equipment may be removed. 4; , Boynton Beach, FR<_ATS Contract Amendment Final_2010.0$.19 City of Boynton Beach, FL Page 326 of 452 *a 7 1 011111711M Timeframe for Installation: Photo Red Light Enforcment Program Vendor will have each specified intersection installed and activated in phase$ in 2ccordance with an implementation plan to be mutually agreed to by Vendor and City pursuant toExhibit Vendor will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project Vendor Obligations. Vendor shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Vendor's sole cost and expense): 1.1 Appoint the Vendor Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Vendor Project Manager; 1.2 Request current "as -built" electronic engineering drawings for the Designated Intersections (the "Drawings") from the County traffic engineer; 1.3 Develop and submit to the City for approval construction and installation specifications in reasonable detail for the Designated Intersection, including but not limited to specifications for all sensors, pavement loops, electrical connections, and traffic controller connections, as required; 1A Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection(s) (collectively, the "Approvals'), which will include compliance with City permit applications. in the event there is a cost associated with acquiring these approvals other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case-by-case basis. 1.5 Vendor will provide reasonable administrative assistance to the City in the development of a letter in support of a Traffic Infraction Detector at intersection(s) requested. In addition, and if required, Vendor will provide reasonable assistance to the City with a traffic engineering study supporting the installation of a Traffic Infraction Detector at the location(s) requested by the City. 1.6 Seek rights from private property owners, as necessary for the placement of System Equipment at designated intersections where Governmental Authorities have jurisdiction over the designated intersection and adjacent Page 12 of 24 Boynton Beach. FL_ATS Contract Amendment_Final_2010 08.19 City of Boynton Beach, FL Page 327 of 452 rights of right of way, and which such Governmental Entity denies authority to Vendor for the installation of its equipment. In the event there is a cost associated with acquiring these rights other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case-by-case basis. 1.7 Finalize the acquisition of the Approvals; 1.8 Submit to the City a public awareness strategy for the City's consideration and approval, which strategy shall include media and educational materials for the City's approval or amendment according to the ATS proposal (the "Awareness Strategy"); 1.9 Develop the Red Light Infraction Criteria in consultation with the City; consistent with the State Law; .10 Develop the Enforcement Documentation for approval by the City, consistent with the requirements of the State Law, provided, however, that the City shall provided Vendor with a form of Traffic Citation, with the understanding that some modifications may be necessary to enable use with Vendor's systems or to comply with the State Law; 1.11 The City and Vendor acknowledge that, under the State Law, traffic citations will be adjudicated in court and that Vendor may be required to incur costs to develop an interface with the court system. The Vendor shall be responsible for its own development costs for any such interface. The City and Vendor shall address and development costs charged by the court or a third party Vendor on a case by case basis; 1.12 Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersections (under the supervision of the City); 1.13 Cause an electrical sub -contractor to complete all reasonably necessary electrical work at the Designated Intersections, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations; 1.14 Install and test the functionality of the Designated Intersections with the Vendor System and establish fully operational Violation processing capability with the Vendor System; 1.15 Implement the use of the Vendor System at each of the Designated Intersections; 1.16 Deliver the Materials to the City; Page 13 0124 Boynton Beach, FLATS Contract Amendment Final_2040.08.19 City of Boynton Beach, FL Page 328 of 452 17 Within five (5) business days of me alleged observed violation, place the alleged violation within the Violation Queue for review by the City's Traffic infraction Enforcement Officer for a determination of whether a Notice of Violation should be issued; 1.15 Upon approval by the City's Traffic Enforcement Officer, issue Notices of Violation within five (5) business days; 1.19 If the Civil Penalty is unpaid or the recipient of the Notice of Violation does not file an affidavit of non -responsibility that does not meet the requirements of the State Law within the time set forth in the State Law, then within five (5) business days after the expiration of time, place the unpaid Notice of Violation into the Traffic Citation Queue, for review by the City's Traffic Enforcement Officer to authorize the issuance of a Traffic Citation pursuant to the State Law; 1.20 Obtain access to the records data of the Department of Motor Vehicles in Vendor's capacity as needed for the program; 1.21 Vendor shall provide training for personnel of the City, including, but not limited to, the persons who City shall appoint as Authorized Employees and other persons involved in the administration of the Photo Red Light Enforcement Program, regarding the operation of the Vendor System and the Photo Red Light Enforcement Program. This shall include training with respect to the Vendor System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.22 interact with court and judicial personnel regarding the implementation of the Vendor System for hearing on Traffic Citations, the development of a subpoena processing timeline that will permit the offering of Violations Data in hearings and judicial proceedings, and coordination between Vendor, the City and the applicable court; 1.23 Provide reasonable public relations resources and media materials to the City in the event that the City elects to conduct a public launch of the State Law Photo Red Light Enforcement Program; 1.24 Notice of Violation processing, including receipt of payments, and Traffic Citations, 1.25 Notice to Motorists. Not less than fifteen (15) days prior to the issuance of notices of violations from a newly installed camera at an approved intersection, Vendor will provide temporary sign notification at no cost to the City, approved by the City's Police Department and Engineer, for the purpose of providing notice to motorists of the activation date. Signs will provide notice of the presence of cameras Pa,ge 14M2 Boynton Beach, FL—ATS Contract Amendment_ Final_ 2010. 08.19 City of Boynton Beach FL Page 329 of 452 and the activation date. Additionally, Vendor shall coordinate pub) relations efforts with the City, including assisting the City with pre releases i other public information• of be Vendor's responsibility, as may be decided to be necessary by t parties for each camera, I R1. CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in each case, unless otherwise stated below, at the City's sole expense): 2 - 2.1 Appoint the Project Manager; 2.2 Assist Vendor in obtaining the Drawings from the relevant Governmental Authorities; 2.3 Notify Vendor of any specific requirements relating to the construction and installation of any Intersection or the implementation of the PHOTO RED LIGHT ENFORCEMENT PROGRAM; 2.4 Assist and cooperate with Vendor in seeking Approvals, including, but not limited to, executing all such documents as may be necessary or desirable to obtain the Approvals; 2.5 Provide reasonable access to the City's properties and facilities in order to permit Vendor to install and test the functionality of the Designated Intersections and the Photo Red Light Enforcement Program; 2.6 Provide reasonable access to the personnel of the City and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.7 Seek approval or amendment of Awareness Strategy and provide written notice to Vendor with respect to the quantity of media and program materials (the "Materials") that the City will require in order to implement the Awareness Strategy; 2.8 Assist Vendor in developing the Red Light Violation Criteria consistent with the State Law; 2.9 Seek approval of the Enforcement Documentation; 2.10 The City shall, on a form provided by Vendor, provide verification to the State Department of Motor Vehicles, National Law Enforcement Telecommunications System, or appropriate authority indicating that Vendor is acting as an Agent of the Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. § 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law; Page 16 of 24 Boynton Beach, FL ATS Contract Amendment_Flna1_2010.08 19 City of Boynton Beach, FL Page 330 of 452 2.11 If feasible, and only after all necessary approvals have been obtained from utilities and other governmental entities with jurisdiction, City shall allow Vendor to access power from existing power sources at no cost to City and shall allow or facilitate access to traffic signal phase connections to a pull box, pole base, or controller cabinet nearest to each Camera System within the City's jurisdiction. Vendor acknowledges that access to power and signal cabinets may require approval from Florida Power and Light, Florida Department of Transportation or Palm Beach County Traffic Engineering Division, as necessary. 2.12 The Traffic Infraction Enforcement Officer shall process each potential violation in accordance with State Laws and/or City Ordinances and notify Vendor within five (5) business days of its appearance in the Notice of Violation Review Queue, using AxsisT"' to determine which violations will be issued as Notices of Violation or as soon as reasonably practical in the event of technical difficulties, power outages, or other circumstances beyond the City's control, or with the consent or approval of Vendor for extension. 2.13 Within five (5) business days of its appearance in the Traffic Citation Review Queue, using Axsis rm, for unpaid Notices of Violation, the Traffic Infraction Enforcement Officer shall process the violation and advise Vendor whether to issue a Traffic Citation, or as soon as reasonably practical in the event of technical difficulties, power outages, or other circumstances beyond the City's control, or with the consent or approval of Vendor for extension. 2.14 City shall provide access to the Internet for the purpose of processing Potential Infractions; 2.15 Vendor shall provide Police Department / Adjudication workstation computer monitors for citation review and approval which provide a resolution of 1280 x 1024, which shall be returned to Vendor in the event the Agreement is terminated; 2.16 For optimal data throughput, Police Department I Adjudication workstations should be connected to a high-speed Internet connection with bandwidth of T-1 or greater. Vendor will coordinate directly with the City's Information Technology (IT) Department on installation and implementation of the computerized aspects of the program; 2.17 Police Department shall provide signatures of all authorized police users who will review events and approve citations on forms provided by ATS. 2.1B In the event that remote access to the ATS Axsis VPS System is blocked by City's network security infrastructure, the City's IT Page 16 of 24 Boynton Beach. F1._A75 Contract Amendment—Finai_2010.D8.19 City of Boynton Beach. FL Page 331 of 452 Department and the counterparts at ATS shall coordinate to facilitate appropriate communications access while maintaining required security measures. 2.19 City shall provide a computer terminal at a public location where persons receiving Notices of Violation may review the recorded images of the violation. ......... ,... . Pa,;Ie 17 cd 24 Boynton Beach, FLATS Contract Amendment—Final-2010.08 19 City of Boynton Beach, FL Page 332 of 452 All repair and maintenance of Photo Red Light Enforcement Program systems and related equipment will be the sole responsibility of Vendor, including but not limited to maintaining the casings of the cameras included in the Vendor System and all other Equipment in reasonably clean and graffiti -Free condition. 2. Vendor shall not open the Traffic Signal Controller Boxes without representative of Palm Beach County Traffic Engineering present, 3.. The provision of all necessary communication, broadband and telephone services to the Designated Intersections will be the sole responsibility of the Vendor. 4, The provision of all necessary electrical services to the Designated Intersections will be the sole responsibility of the Vendor. 5. In the event that images of a quality suitable for the Authorized Employee to identify Infractions cannot be reasonably obtained without the use of flash units, Vendor shall provide and install such flash units. 6. The Vendor Project Manager (or a reasonable alternate) shall be available to the City's Project Manager each day. 7. Vendor shall ensure that all equipment that it provides pursuant to this Agreement meets the specifications, if any, adopted by the Florida Department of Transportation pursuant to Florida Statute, Section 316.0745(6), by July 1, 2011. 8. In the event that a camera is inoperable for any reason for three (3) or more business days, the City shall be entitled to a refund of 1130 of the monthly program fee per day for each day the camera system is inoperable. Pae 13 of24 Boynton Beach, FLATS Contract Amendment_Finai_2010 08.19 City of Boynton Beach, FL Page 333 of 452 1, All Infractions Data shall be stored on the Vendor System. 2. The Vendor System shall process Violations Data gathered from the Designated Intersections into a format capable of review by the Authorized Employee via the Vendor System. 3. The Vendor shall make the initial determination that the image meets the requirements of the Ordinance and this Agreement, and is otherwise sufficient to enable the City to meet its burden of demonstrating a violation of the Ordinance. If the Vendor determines that the standards are not met, the image shall not be processed any further. 4, The Vendor System shall be accessible by the Authorized Employee through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a web browser. . Vendor shall provide storage capabilities for the City to store Violations identified for prosecution for a period of time of not less than four (4) years after final disposition of a case. 6. Vendor shall provide Authorized Employees with access to the Vendor System for the purposes of reviewing the pre-processed Violations Data within five (5) days of the gathering of the Violations Data from the applicable Designated Intersections, and as to the issuance of Traffic Citations, within five (5) days of the expiration of the time frame under the State Law when a recipient of a Notice of Violation fails to pay the penalty or submit an affidavit of non -responsibility that satisfied the requirements of the State Law. 7 The City shall cause the Authorized Employee to review the Violations Data and to determine whether a Notice of Violation shall be issued with respect to each potential violation captured within such Violation Data, and transmit each such determination to Vendor using the software or other applications or procedures provided by Vendor on the Vendor System for such purpose within five (5) days of the Violation Data being placed by Vendor in the Notice of Violation Review Queue. As to the issuance of Traffic Citations, the City shall cause the Authorized Employee to review the Violations Data and to determine whether a Traffic Citation shall be issued with respect to previously issued Notice of Violation, and transmit each such determination to Vendor using the software or other applications or procedures provided by Vendor on the Vendor System for such purpose within five (5) days of the Violation Data being placed by Vendor in the Traffic Citation Review Queue. VENDOR HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A NOTICES OF VIOLATION AND TRAFFIC CITATIOINS SHAD. BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETION CONSISTENT _.......__...._........._._._......................_._.......�.... _......... _. ��......�.............. . Page 19 of 4 Boynton Beach, FLATS Contract Amendment_Ftnal_2010,08.19 City of Boynton Beach, FL Page 334 of 452 WITH THE STATE LAW (AN "ISSUANCE DECISION"), AND IN NO EVENT SHALL VENDOR HAVE THE ABILITY OR AUTHORIZATION TO MAKE A NOTICE OF VIOLATION DECISION. 8. With respect to each Authorized Violation, Vendor shall print and mail Notice of Violation within five (5) days after Vendor's receipt of such authorization from the City's Authorized Employee. As to issuance of Traffic Citations, Vendor shall print and mail a Traffic Citation within five (5) days after Vendor's receipt of such authorization from the City's Authorized Employee; . Vendor shall provide a toll-free telephone number, at its sole expense, for the purposes of answering citizen inquiries. 10. Vendor shall permit the Authorized Employee to generate monthly reports using the Vendor Standard Report System. 11. Upon Vendor's receipt of a written request from the City and in addition to the Standard Reports, Vendor shall provide, without cost to the City, reports regarding the processing and issuance of Notices of Violation, the maintenance and downtime records of the Designated Intersections and the functionality of the Vendor System with respect thereto to the City in such format and for such periods as the City may reasonably request, without cost to the City. 12. Upon Vendor's receipt of a written request from the City at least fourteen (14) calendar days in advance of a hearing, Vendor shall provide expert witnesses for use by the City in prosecuting Infractions, at no cost to the City. 13. Vendor shall provide such training to City personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the City with respect to the Photo Red Light Enforcement Program. However, if a specific case requires testimony on the technical aspects of the equipment, upon City's request Vendor shall provide the City with an expert in the hearing in that case at no cost to the City. 14. Vendor shall prepare and provide to City a Notice of Violation form that complies with all requirements of the State Law. Vendor shall also provide to City a form of affidavit for use by owners of motor vehicles who claim an exemption under Florida Statutes §316,0083 and shall make that affidavit available to owners through an internet location or upon telephone or written request by an owner who has received a Notice of Violation or Traffic Citation. Vendor agrees that the city shall have the right to review and approve the form Notice of Violation and affidavit prior to their use, and that in the event City determines additional information should be included in the forms prior to their use or after implementation, Vendor shall modify the forms at its sole expense, to comply with those requirements, subject only to space limitations on the notice paper. City shall provide a Traffic Citation form to Vendor with the understanding that some modifications may be necessary to enable use with Vendor's systems and to comply with State Law. ..m... ......... ........ ....... 2 Q a, 2 Boynton Beach, FL ATS Contract Amendmenl_F1na1_2U10A8.18 Ciiy of Boynton Beach, FL Page 335 of 452 15. ATS will establish a demand deposit account bearing the title, "American Traffic Solutions, Inc. as agent for Customer" at U.S. Bank. All funds collected by Vendor on behalf of the Customer will be deposited in this account and transferred by wire the second business day of each week to the Customer's primary deposit bank. The Customer will identify the account to receive funds wired from U.S. Bank. IF desired, Customer will sign a W-9 and blocked account agreement, to be completed by the Customer, to ensure the Customers financial interest in said U.S. Bank account is preserved. aye 21 o ?. Boynton Beach, FL_ATS Contract Amendment_Flna1_2010,08.19 City of Boynton Beach, FL Page 336 of 452 I WWW11 1, ►,� •; Vendor and the City shall respectively have the additional rights and obligations set forth below: 1. Vendor shall assist the City in public information and education efforts, including but not limited to the development of artwork for utility bili inserts, press releases and schedules for any public launch of the Red Light Photo Enforcement Program, as offered in the ATS proposal. . Vendor shall be solely responsible for installing such Signage. The Vendor shall be solely responsible for the fabrication of any signage, notices, or other postings required pursuant to any law, rule, or regulation of any Governmental Authority ("Signage"), including, but not limited to, the State Law, the City and County Ordinances, State Statutes, and Florida Department of Transportation (i=DOT) Regulations and shall assist in determining the placement of such Signage, Vendor shall be responsible for obtaining all necessary approvals from Governmental Authorities. 3. The Vendor Project Manager and the Project Manager shall confer on a weekly basis for the initial three (3) months of the Term of this Agreement, and on a monthly basis for the remainder of the Term, at such times and places as the Vendor Project Manager and the City Project Manager shall mutually agree. 4. The City shall not access the Vendor System or use the in any manner other than prescribed by law and which restricts or inhibits any other Person from using the Vendor System or the Vendor Photo Enforcement Program with respect to any Intersection constructed or maintained by Vendor for such Person, or which could damage, disable, impair or overburden the Vendor System or the Vendor Photo Enforcement Program, and the City shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Vendor System, or (iii) any materials or information not intentionally made available by Vendor to the City by means of hacking, password mining or any other method whatsoever, nor shall the City cause any other Person to do any of the foregoing. 5. The City shall maintain the confidentiality of any username, password or other process or device for accessing the Vendor System or using the Red Light Photo Enforcement Program. 6. Each of Vendor and the City shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Vendor and the City shall reasonably follow any and all such rules and regulations. Page 22 of 24 Boynton Beach, FLATS Contract Amendment Finat 2010.08.19 City of Baynton Beach, FL Page 337 of 452 7 The City shall promptly reimburse Vendor for the cost of repairing or replacing any portion of the Vendor System, or any property or equipment related thereto, damaged solely and directly by the City, or any of its employees, contractors or agents. in all other instances, such costs shall be solely the Vendor's costs. 8, Vendor acknowledges that it is aware of the retention responsibilities for the records created by the services it provides to the City pursuant to this Agreement, and will maintain the public records of the program consistent with the requirements of Florida's public records law. ,.,A 24 Boynton Beach, FL—ATS Contract Arnendment_Final_2010.08.19 City of Boynton Beach, FL Page 338 of 452 EXHIBIT "F" SERVICE C L 1.0 Description of •r Fees are based on per Camera and are as follows: Lane based pricing (Plus certified mail processing surcharge of $4 per piece metered for mailing uniform Traffic Citations no return receipt) For 1 or 2 lanes For 3 or 4 lanes For 5 or $ lanes 17 � Service Fees Include: Fee includes all costs required and associated with camera system installation, maintenance and on-going field and back-office operations. Includes red-light camera equipment for the desired lane approach with up to two (2) signal phases, installation, maintenance, violation processing services, DMV records access, mailing of Notice of Violation in color with return envelope, lockbox and epayment processing services, call center support for general program questions and public awareness program support. 2.0 Collection Services (Optional): ATS may initiate collection efforts of delinquent notices upon written request by Customer, provided that such collection efforts are permitted by the County Court and are consistent with law. ATS will be entitled to receive portions of the collected revenue as noted below. The maximum is 30% total for b-oth pre -suit collection and collection via litigation. For those accounts in default that go to collection, this is in addition to our Fees noted above. Pre -suit Collection Letters 10% of Recovered Delinquent Collections Services (including litigation) 30% of Recovered Revenue Fagg 24 of 24 Baynton Beach, FLATS Contract Amendment_FIna9_2010 08.19 Revenue fling and maintenance of City of Boynton Beach, FL Page 339 of 452 I RESOLUTION R12-135 2 3� A RESOLUTION OFTHE CITY COMMISSION OF THE CITY 4 OF BOYNTON BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING EXECUTION BY THE INTERIM CITY 6 MANAGER AND CITY CLERK OF A SECOND AMENDMENT 7 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE 8 CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC 9 SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT 10 PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS. in -2009, the City entered into an Agreement with American Traffic 13 Solutions. Inc. (AFS) to implement a red light camera enforcement program pursuant to 14 City Ordinance 08-034: and 15 I WHEREAS, on September tO, 2010 the City and ATS amended the Agreement 16 since the scope of` services and the compensation structure changed as a result of the State 17 I-aw-, and 18 WHEREAS, the City desires to place cameras at five (5) additional approaches 19 which requires an additional amendment to the Agreement: and 20 WHEREAS, the City Commission of the City of -Boynton Beach, Florida deems it 21 in the best interest of its residents and citizens to approve the Second Amendment to 22 Professional Services Agreement Between the City, of Boynton Beach and American 23 Traffic Solutions for Photo Red Ll,)ht Fnforcement Program and authorize the Interim 24 City Manager and City Clerk to execute the document. 25 NOW, THEREFORE, HE IT RESOLVED BY THE CITY COMMISSION 26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 28 as being true and correct and are hereby made a specific part of this Resolution upon i)ocuniew in Windows iniemei [:xptorer Page 340 o 452 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 adoption hereot'. Section 2. The City Comi-nission of the City of Boynton Beach, Florida does hereby approve and authorize execution by the Interim C'It,, klanager and City Clerk of the Second Amendment to Professional `eery ices Agreement between the City of' Boynton Beach and American Traffic Solutions for Photo Red Light Enforcement Program, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this 18`" day of December, 2012. Cl FY OFBOYNTON BEACK FLOIUDA 'Mayor — Wo 0 . �aMvor ack McCra\ ss Cornmjssionef—teve ,zKlolzman Comrms4Kner — Al fFS I -. Jan Jan M. Prainito, MMC I �an - �4 1 yy C I erk, Documcw III WIII(JOWS Inte[rICT F."'Ploro Page 341 of 452 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Second Amendment ("Second Amendment") is dated effective this day of 2013 and is entered into between American Traffic Solutions, Inc. ("ATS"), a corporation duly register eh under the laws of the State of Kansas with its principal place of business at 1330 West Southern Avenue, Tempe, Arizona 85282 and the City of Boynton Beach ("City"), a municipal corporation of the State of Florida, WHEREAS, on Auust 3, 2009, the City and ATS entered into a Professional Services Agreement for the City's use of the Axs iSTO System to enforce traffic violations (the "Agreement"); and WHEREAS, on September 16, 2010, the City and ATS amended the Agreement (the "First Amendment"); and WHEREAS, section 12 of the Agreement requires any amendments, modifications, or alterations of the Agreement to be in writing and duly executed by the parties-, and WHEREAS, the City and ATS mutually desire to amend, modify or alter certain terms and conditions of the Agreement. If MIN JJ: 11 * 0 a NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Second Amendment, the City and ATS do hereby agree as set forth below: 1. The above recitals are true and correct and are incorporated herein, 2. Execution of this Amendment shall serve as a Notice to Proceed for the installation of five (5) new Approaches, as follows: 1. EB E Boynton Beach Blvd/NW 2nd Ave at N Seacrest Blvd 2. SB N Congress Ave at E Gateway Blvd 3. SB NW 8th St at SR 804/W Boynton Beach Blvd 4, EB SR 804NV Boynton Beach Blvd at NW 8th St 5. EB W Woolbright Rd at SW 8th St/Corporate Dr 3. Pursuant to Paragraph 1.0 of the Agreement, the City and ATS agreed to be bound by the terms and conditions of the February 8, 2008 Agreement between the City of Aventura and ATS. Pursuant to the provisions set forth in Paragraph 2.0 of the Agreement between the City of Aventura and ATS, the Initial Contract Term between the City of Boynton Beach and ATS expires May 14, 2016. This Second Amendment shall not alter, amend, or extend the May 14, 2016 expiration date. 4. Except as expressly amended or modified by the terms of this Second Amendment, all terms of the Agreement as amended by the First Amendment shall remain in full force and effect. In the event of a conflict between the terms of this Second Amendment and the Agreement or the First Amendment, the terms of this Second Amendment shall prevail and control, 5. The provisions of the Agreement, as amended by the First and Second Amendments, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof Page 342 of 452 6. This Second Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. T Each party represents and warrants that the representative signing this Second Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Second Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment CITY OF OF BOYNTON BEACH By: or City Mdn-ager ATTE By: AMERICAN TRAFFIC SOLUTIONS, INC. By: Michael Bolton, Chief Operating Officer N n Date t -1iL2, Date ,/ q /'j ,, Date Page 343 of 452 The Clity of'Boynton Beach --- City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX (561) 742-6090 e -mad: prainitpj@)bbf1.us www.boynton-beach.org Ms. Amanda Bastachury American Traffic Solutions, Inc. Tempe, AZ 85282 F00112TUM.F.W.Mors"11 Attached is the agreement and a copy of the Resolution mentioned above. Once, the agreement has been signed, please return the original to the City Clerk's Office for further processing. If you have any questions, please do not hesitate to contact me. Very truly yours, Ci)et M. Prainito, MMC City Clerk U111FRaff 722M Us S: \CC: \W?\AFTER COMMISSION \Other Transmittal Letters After Commis-3ion \2012\R 12-135 ATS Second AxnendmenL.doc America's Gateway to the Gu4jstream Page 344 of 452 1 RESOLUTION R13-074 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY 4 OF BOYNTON BEACH, FLORIDA, APPROVING A THIRD 5 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN 7 TRAFFIC SOLUTIONS FOR PHOTO RED LIGHT a ENFORCEMENT PROGRAM AND A UIT" OR] ZINC 9 EXECUTION OF THE THIRD AMENDMENT BY THE CITY 10 MANAGER AND CITY CLERK; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, in 2009. the Cit-, entered into an Agreement with American t'raf'fic 14 Solutions, Inc. (ATS) to implement a red light camera enforcement program pursuant to 15 City Ordinance 08-034, and 16 WHEREAS, on September 16, 2010 and December 18, 2012, the City and ATS 17 amended the Agreement; and 18 WHEREAS, on June 18. 2011 the Citi; Commission established the City's local 19 hearing process for Red L,Igfi(Carnera citations pursuant to Florida House Bill 7125-1 and 20 WHEREAS, the Agreement between the Clitv and ATS requires amendment to 21 incorporate the services that the Cit1 will require of ATS to comply with the new 22 legislation-, and 23 WHEREAS, the Citj, Commission of'the City ol'Boynton (leach, Florida deems it 24 in the best interest of its residents and citizens to approve the Third Amendment to 25 Profiessional Services Agreement Between the City of Boynton Beach and American 26 Traffic Solutions for Photo Red 1-ight Enforcement Program and authorize the City 27 Manager and City Clerk to execute the document. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 29 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: %all P,,3 I, Oh,au I o I )a I a' 182 11 eim 1 '4,252 t 333 I ,Rvk, - I hi!d Amends icni to -A i.4 Ked_[,joil Agmi docs Page 345 o 452 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 2 as being, true and correct and are hereby made a specific part of this Resolution upon 3 adoption hereof' 4 Section 2. , f he City Commission of the City of Boynton Beach, Florida does 5 hereby approve and authorize execution by the City Manager and City Clerk of the Third 6 Amendment to Professional Services Agreement between the City of' Boynton Beach and 7 American Traffic Solutions tor Photo Red Light Friforcement Program, a copy of which is 8 attached hereto as L`xhlblt "A". 9 Section 3. This Resolution will become effective immediately upon passage. 10 PASSED AND ADOPTED this 6th day of August, 2013). 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST, 29 30 31 �Tarjt�M. Prainito, MMC 32 01 ty 33 34 35 or "eal) ,ap s3 b, C aidd 82',ftems,,I 74,252 133341 CITY OF BOYNTON BEACH, FLORIDA Ma rr--Yerr)kaylor ssioner - Joe Casello fess - 1'hird Awvndment_[o_A I 5 Red LighiAgna (hjo Page 346 of 452 1 -C7q THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Third Amendment (this "Amendment") is dated effective this 13"1 day of _ 2013 and is entered into between American Traffic Solutions, Inc ("ATS") a Kansas corporation and the City of Boynton Beach ("Customer"), a municipal corporation of the State of Florida RECITALS WHEREAS, on August 3, 2009, Customer and ATS entered into a Professional Services Agreement (the "Agreement').. and WHEREAS, the Florida Legislature passed and the Governor of the State of Florida signed into law CSICS/HB7125, authorizing local hearings for notices of violations connected with the use of red light cameras as traffic infraction detectors to enforce Chapter 316, the State of Florida Uniform Traffic Code and taking effect on July 1, 2013, and WHEREAS, Customer and ATS mutually desire to amend certain terms and conditions of the Agreement to align the provision of services by ATS with the provisions and requirements of Laws of Florida 20113-160 TERMS AND CONDITIONS NOW THEREFORE, Customer and ATS hereby agree as set forth below 1 Section 1 21 of Exhibit B of the Agreement is hereby amended to include Notice of Violation hearings authorized by Laws of Florida 2013-160. This section shall read in pertinent part " and technical support documentation for a hearing in traffic court, and before the City's special magistrate, it necessary.,, 2 Exhibit F is hereby amended to add the following "ATS is authorized to charge, collect and retain a convenience fee of up to 5% of the total dollar amount for each electronic payment processed Such convenience fees are pard by the violator ' 3 Exhibit a is hereby amended to add a new Section 16 as follows "Subsequent notices, other than those specified in section 8, may be delivered by First Class maid for additional compensation as set forth in Exhibit F " 4 Exhibit F is hereby amended to add the following " For a one-year period beginning on execution of this amendment, the subsequent notices mailings fee shall be $2 00 per piece This fee amount shall automatically continue for subsequent one year periods unless the parties amend this provision by mutual agreement " 5 Exhibit. D is hereby amended to add the following to paragraph 6 "If an affidavit of non -responsibility is received within the time period set by State Law, a Notice of Violation shall be issued to the individual identified in the affidavit within five (5) calendar days of Vendor's receipt of such If a request for a hearing an a Notice of Violation is received, the City shall be provided a copy of such within five (5) calendar days of Vendor's receipt. The City shall not be charged for any additional mailings of Notices of Violations to be sent out upon receipt of affidavits of non -responsibility 6 Exhibit D is hereby amended to revise paragraph 13 to provide that Vendor shall also interact with City personnel regarding the implementation of hearings before the City's Special Magistrate. This shall include the ability to review evidence packets by internet connection during hearings, as well as the ability to print and finalize orders resulting from such hearings 7 Section 2 of Exhibit B is hereby amended to add the following "Customer shall provide, either for itself or through an inter -local agreement with another jurisdiction, a local hearing officer, clerk, and hearing facilities to schedule and hear disputed Notices of Violation 8 Section 1 of Exhibit B is amended to add the fallowing to 1 18 "Vendor shall provide the City with copies of requests for hearings on Notices of Violation within five (5) calendar days of receipt If an affidavit of non - responsibility is received within the time period set by State Law. a Notice of Violation shall be issued to the individual identified in the affidavit within five (5) calendar days of Vendor's receipt of such " Page 347 of 452 The provisions of the Agreement, as amended by this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof Except as expressly amended or modified by She terms of this Amendment, all terms of the Agreement shall remain in full force and effect In the event of a conflict between the terms of this Amendment and the Agreement. the terms of this Amendment shall prevail and control 10 This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument Each party represents and warrants that the representative signing this Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment IN WITNESS WHEREOF, the parties hereto have executed this Amendment Boynton Beac f, By-.._.- Title C t Ianeger Date September 18, 2013 APPROVED AS TO FORM: Tis RNEY America affic Solutions, rwj.. _- By A�i s+ Date Page 348 of 452 r - RESOLUTION R15-087 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING A FOURTH AMENDMFNT TO 5 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE 6 CITY OF BO TON BEACH AND AMERICAN TRAFFIC 7 SOLUTIONS FOR PHOTO RED LIGHT ENFORCEMENT a PROGRAM AND AUTHORIZING THE MAYOR AND CITY 9 CLFRK TO SIGN THE FOURTH AMENDMENT; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, in 2009, the City entered into an Agreement with American Traffic 13 Solutions. Inc. (ATS) to implement a red light camera enforcement program pursuant to i 14 City Ordinance 08-0-'4. and 15 WHEREAS. on September 16. 2010. December 18. 2012, and September 13, 16 20I , the City and ATS arricrided the Agreement. and 17 WHEREAS, City staff has revised the Red 1-ight Camera Business Rules to address 18 the opinions expressed by the local judges and hearing officers as well as the opinions 19 expressed in the Arem case, even though the City's program has always been different than 20 thu program described in the Arem case; and 21 WHEREAS. the Amended Professional Services Agreement would allow the City 22 to resume its red light camera prograniand, if challenged, present the modified program to 23 the courts Im review: and 24 W11FREAS. the 01N, C.0111111i,,Sion 01.'111C City 01"BOVrIton Beach. Florida deems it 25 in the best interest c)f its residents and Citi/CTIS (0 t111prove the FOL11-th Aryiendmem to 26 Proti ssional Services Agreement Between the City of Boynton Beach and American 27 Traffic Solutions lbr Photo Red 1-ight. Fnflorcernent Program and authorize the Mayor and 28 City Clerk to sign the FOUrth Ameridm(:nt- Inlernet Fi[esl('kinlem 11--iYKIJI -4X7t -Reii) Fou rih-Amcadment- it) _A I S, Red-] ight_Aptnt.doc 1 NOW, THEREFORE, 13E IT RESOLVED BV THE CI'T'Y COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 section - --L The fore g ming "Whereas" clauses are hereby ratified and confirmed 4 as being true and correct and are hereby made a specific part of this ResoltiliOn Upon 5 adoption hereof'. 6 Section 2. The City Commission of the City of Boynton Beach, Florida does 7 hereby approve and authorize execution by the Mayor and City Clerk of the Fourth 8 Amendment to Professional Services Agreement between the (. ity of Boynton Beach and 9 ArnericanTrarfic Solutions for Photo Red Light 1-inforccnicnt Program- a copy of'which is 10 attached hereto as F.xhiblt **A". I'm] 1 This Resolution will become effective immediately upon passage. se ilm 13 REMAINDER OF PAGE INTENTIONALLY LP.Yr BLANK Irl Internet l,'ilesll('r)ntcnt.IF5%KIJI-'4X7ENIRcs(i burth Amendnwnt to Ar.S Rcd, E,ig.N Acmt.doc Page 350 of 452 PASSED AND ADOPTED this day 2015. CITY OF BOYNTON BEACH, FLORIDA 3 4 5 6 7 Mayer Jerry Taylor Vice Mayor - Joe Casella 10 Commissioner — David T. Merker 11 12 Commissioner Mack Mc('rLiy 13 14 Commissioner — Michael M. Fitzpatrick 15 16 17 VOTE 18 ATTEST 19 20 21 Z2 J,=.,%,i '%I 1Ir-,,i27niio, \IIlli '�LY 'City Clerk 24 nr * i I Q 0 LA 1 (011:11 1*103242114 Lq 101-1 1 WWI 1*0 M a-MAC1.141.1 211 L j This Fourth Amendment (this "Amendment") is dated effect4ve this day oi` AG--, 2015 and is entered into between American Traffic Solutions, Inc. ("ATS" or '-Vendor'), a corporation duly registered under the laws of the State of Kansas with its principal place of business a! 1330 West Southern Avenue. Tempe, Arizona 85282 and the City of Boynton Beach, Florida ("City" or "Customer"), a municipal corporation of the State of Florida (each individually a "Party" and collectively the "Parties"). IN I IF -11 WHEREAS, on August 3, 2UU'9, rne Gity ana A18 entered into a Professional Services Agreement, which was subsequently amended on or about September 16, 2010 (First Amendment), on or about January 17, 2013 (Second Amendment) and on or about September 13, 2013 (Third Amendment), which together constitute the "Agreement" referred to herein; and 41 0 4 of 11W41 16,11-11m, 1119r-�01111W .111ilIM16111 W-411111 I WIN 41j WHEREAS, the second review described in this Amendment is consistent with the course of dealing of the Parties since the inception of the Agreement, in that the City's Traffic Infraction Enforcement Officers have always conducted a second review prior to issuing a Uniform Traffic Citation; and WHEREAS, on A)m w, 4/ _pt_ 2015, the City implemented certain revised processes for its red light camera program. TERMS AND CONDITIONS !111111111 !11111111111 IN The amendment of Definitions - Section 1.1 as stated in Amendment No. 1 to the Agreement is hereby replaced with the following: " "Authorized Employee" means a sworn law enforcement officer ('LEO'); Traffic Infraction Enforcement Officer ("TIEO"), or any other City employee who performs duties related to the City's red light camera program, including but not limited to the duties and qualifications set forth in Florida Statutes, Title XXIII, Motor Vehicles, as may be amended from time to time. Throughout the entire Agreement between the City and ATS and all amendments thereto, any and all references to "Authorized Employee", "Traffic Infraction Enforcement Officer" "TIEO", "officer", or "LEO" shall be interchangeable. The amendment of Section 1.20 as stated in Amendment No 1 to the Agreement is hereby replaced with the following, "Recorded Images" means, with respect to any motor vehicle passing through a Designated Intersection, the data collected by the Vendor System with respect to such motor vehicle, which data shall be made available to the Authorized Employee within the Vendor System to review for the purpose of determining if probalote cause exists that a violation or infraction occurred." 352 of 3. Exhibit S and Exhibit D of Amendment No. 1 to the Agreement are hereby deleted and replaced in their entirety by the new Exhibit B and Exhibit D that are attached to this Fourth Amendment of the Agreement between the parties. 4. ATS shall issue the City a three-month credit (the "Credit'), which will be applied by ATS agreeing to waive the outstanding unpaid invoice for June 2015 and a credit for the amounts to be invoiced for the billing periods of July and August 2015. For the avoidance of doubt, for purposes of the Flexible Payment Plan provided for in Section 6 of the Agreement as stated in Section 14 of Amendment No, 1, the Credit shall not be treated as though the City paid the amounts due to ATS for the billing periods of June.. July, and August, but rather the invoices for the months of June, July and August will not be included in any calculation related to the Flexible Payment Plan. Any funds received by the City during the months of June, July, and August shall be treated as "additional funds" retained by the City for purposes of the Flexible Payment Plan. . Effective as of August 1, 2015 and for the remaining term of the Agreement between the City and ATS, the monthly per -camera fee shall be $4,250.00 per camera for any and all cameras or approaches which are a part of the City's red light camera program. The City agrees to exercise its right under the Agreement to extend the term of the Agreement for another five (5) years, with one five (5) year renewal term remaining The current term will now expire on May 14, 2021, Section 2.0 of the Agreement is amended by adding the following "The City may at its option, terminate this Agreement with no penalties for any reason on December 31. 2016, by providing written notice of its intent to terminate the Agreement to ATS on or before October 3, 2016." 7 The provisions of the Agreement, as amended by this Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. Except as expressly amended or modified by the terms of this Amendment, all terms of the Agreement shall remain in full force and effect. In the event of a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail and control. This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. Each party represents and warrants that the representative signing this Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this Amendment. i Page _353..ef 452 CITY OF BOYNTON BEACM, FLORIDA By: yor Date APPROVED AS T RM: ATTEST; By -7,/ B y: dt 46W, S 4 !Z ty AttornV Date City Clerk ------------------- � �a ln4 M.1A i ; w I,.U!� -e� nt Date (0=9814.1 306-0906MO ) Page 3 of 10 Vendor will have each specified intersection installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Vendor and City pursuant to Exhibit A. Vendor will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement, 1. Vendor Obligations Vendor shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Vendor's sole cost and expense): 1.1 Appoint the Vendor Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Vendor Project Manager. 1,2 Request current "as -built" electronic engineering drawings for the Designated Intersections (the "Drawings") from the County traffic engineer, 11.3 Develop and submit to the City for approval construction and installation specifications in reasonable detail for the Designated Intersection, including but not limited to specifications for all sensors, pavement loops, electrical connections, and traffic controller connections, as required. 1.4 Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Intersection(s) (collectively, the "Approvals"). which will inc,ude compliance with City permit applications. In the event there is a cost associated with acquiring these approvals other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case - .by case basis. 1.5 Vendor will provide reasonable administrative assistance to the City in the development of a letter in support of a Traffic Infraction Detector at intersection(s) requested. In addition, and it required, Vendor will provide reasonable assistance to the City with a traffic engineering study supporting the installation of a Traffic Infraction Detector at the location(s) requested by the City. 1,6 Seek rights from private property owners, as necessary for the placement of System Equipment at designated Intersections where Governmental Authorities have jurisdiction over the designated intersection and adjacent rights of right of way, and which such Governmental Entity denies authority to Vendor for the installation of its equipment. In the event there is a cost associated with acquiring these rights other than permit or recording fees (which shall be the responsibility of the Vendor), the parties will address responsibility for such costs on a case-by- case basis 1,7 Vendor shall apply and become a Florida Department of Highway Safety and Motor Vehicles (DHSMV) approved E -Citation Vendor. 1 8 Submit to the City a public awareness strategy for the City's consideration and approval, which strategy shall include media and educational materials for the City's approval or amendment according to the ATS proposal (the "Awareness Strategy"). 1.9 [Deleted] I 1 1 liR, ORIUUK�,� 1 1 10 Implement the uity's business ruieS as reelected in the City's Red Light Camera Business Rules Questionnaire, as such may be amended from time to time, and Enforcement Documentation consistent with the requirements of the State Law; provided, however, the City shall provide the Vendor a form of Notice of Violation and Uniform Traffic Citation with the understanding that some modifications may be necessary to enable use with Vendor System or to comply with the State Law The City's business rules are incorporated into this Agreement as if fully set forth herein. The City's business rules may be amended from time to time as authorized by the City Manager or the City Manager's designee, Such amendments to the City's business rules shall not require an amendment to this agreement and shall rot require City Commission Approval. With the exception of amendments required to comply with judicial decisions or changes in law, if an amendment requested by the City to the City's business rules increases any cost to the Vendor the Vendor shall provide the City with an estimate of the additional costs and the City shall be responsible for such costs if approved by the City to proceed with the amendment to the City's business rules. If an amendment is required to comply with a judicial decision or a change in law and said amendment increases any cost to the City of the Vendor, the Vendor and City shall negotiate a reasonable allocation of the costs. 1.11 The Vendor System shall facilitate the Authorized Employee's providing by electronic transmission a replica of the Uniform Traffic Citation data to the Broward County Court. The Vendor shall be responsible for its own development costs. The City and Vendor shall address any development costs charged by the City, the court or a third party Vendor on a case by case basis 1.12 Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Intersections (under the supervision of the City), 1 13 Cause an electrical sub -contractor to complete all reasonably necessary electrical work at the Designated Intersections, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal Paws and regulations. 1.14 Install and test the functionality of the Designated Intersections with the Vendor System and establish fully operational Violation processing capability with the Vendor System, 1,15 Implement the use of the Vendor System at each of the Designated Intersections. 1.16 Deliver the Materials to the City. 1,17 Within five (5) business days after the Recorded Image is collected by the traffic infraction detector, the Vendor System shall make all Recorded Images accessible for review by the City's Authorized Employee, 1.18 Upon a finding by the City's Authorized Employee that probabie cause exists that a violation occurred, the Authorized Employee may issue a Notice of Violation. Once the Authorized Employee has issued the Notice of Violation, the Vendor shall perform the ministerial task of printing and mailing the Notice of Violation that has been issued by the Authorized Employee. 1 19 If the Civil Penalty is unpaid or the recipient of the Notice of Violation does not file an affidavit of non -responsibility that does not meet the requirements of the State Law within the time set forth in the State Law, then within five (5) business days after the expiration of time, place the unpaid Notice of Violation into the Traffic Citation Queue, for review by the City's Traffic Enforcement Officer to authorize the issuance of a Traffic Citation pursuant to the State Law. Upon a finding by the City's Authorized Employee that probable cause exists that a violation occurred, the Authorized Employee may issue a Uniform Traffic Citation, Once the Authorized Employee has issued the Uniform Traffic Citatfon, the Vendor shall perform the ministerial task of Page 356 of 452 printing and mailing the Uniform Traffic Citation that has been issued by the Authorized Employee. 1.20 Obtain access to the records data of the Department of Motor Vehicles in Vendor's capacity as needed for the program. 1.21 Vendor shall provide training for personnel of the City, including, but not limited to, the persons who City shall appoint as Authorized Employees and other persons involved in the administration of the Photo Red Light Enforcement Program, regarding the operation of the Vendor System and the Photo Red Light Enforcement Program. This shall include training with respect to the Vendor System and its operations, strategies for presenting Violations Data in court and judicial proceedings and a review of the Enforcement Documentation 1.22 Assist the City with its interactions with the court and judicial personnel regarding the implementation of the Vendor System for hearing on Traffic Citations, the development of a subpoena processing timeline that will permit the offering of Violations Data in hearings and judicial proceedings, and coordination between Vendor, the City and the applicable court. 1.23 Provide reasonable public relations resources and media materials to the City in the event that the City elects to conduct a public launch of the State Law Photo Red Light Enforcement program. 124 Vendor agrees to provide a secure website (www. violation into. co m) accessible to Owners who have received Notices of Violation by means of a Notice # and PIN, which will allow Violation image and video viewing. As part of the secure website, ATS will provide a Frequently Asked Questions (F.A.Q.) page. Vendor will provide this secure website on a 24-hour basis, barring downtime for maintenance, normal servicing activities, or other unforeseen circumstances arising out of causes beyond the reasonable cvntroi of ATS (e.g. acts of God, acts of a public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or unusually severe weather etc.). 1.25 Notice to Motorists. Not less than fifteen (15) days prior to the issuance of notices of violations from a newly installed camera at an approved intersection, Vendor will provide temporary sign notification at no cost to the City, approved by the City's Police Department and Engineer; for the purpose of providing notice to motorists of the activation date. Signs will provide notice of the presence of cameras and the activation date. Additionally, Vendor shall coordinate public relations efforts with the City, including assisting the City with press releases and other public information items, the costs of which shall be Vendor's responsibility, as may be decided to be necessary by the parties for each camera. 2 CITY OBLIGATIONS. The City shall do or cause to be done each of the following (in each case, unless otherwise stated below, at the City's sole expense): 2.1 Appoint the Project Manager. 2.2 Assist Vendor in obtaining the Drawings from the relevant Governmental Authorities. 2.3 Notify Vendor of any specific requirements relating to the construction and installation of any Intersection or the implementation of the PHOTO RED LIGHT ENFORCEMENT PROGRAM. 2.4 Assist and cooperate with Vendor in seeking Approvals, including, but not limited to, executing all such documents as may be necessary or desirable to obtain the Approvals. 2.5 Provide reasonable access to the City's properties and facilities in order to permit Vendor to install and test the functionality of the Designated Intersections and the Photo Red Light Enforcement Program. 1[7aung1.R 1 ;06-QsGeeo1 2,6 Provide reasonable access to the personnel of the City and reasonable information about the specific operational requirements of such personnel for the purposes of performing training. 2.7 Seek approval or amendment of Awareness Strategy and provide written notice to Vendor with respect to the quantity of media and program materials (the "Materials") that the City will require in order to implement the Awareness Strategy, 2.8 Develop the Red Light Violation Criteria consistent with the State Law. 2.9 Seek approval of the Enforcement Documentation. 2,10 The City shall provide verification to the State Department of Motor Vehicles, National Law Enforcement Telecommunications System, or appropriate authority indicating that Vendor is acting as an Agent of the Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. § 2721, Section (b) (1) and as may otherwise be provided or required by any provision of applicable state law, 2.11 If feasible, and only atter all necessary approvals have been obtained from utilities and other governmental entities with jurisdiction, City shall allow Vendor to access power from existing power sources at no cost to City and shall allow or facilitate access to traffic signal phase connections to a pull box, pole base, or controller cabinet nearest to each Camera System within the City's jurisdiction. Vendor acknowledges that access to power and signal cabinets may require approval from Florida Power and Light, Florida Department of Transportation or Palm Beach County Traffic Engineering Division, as necessary, 2.12 The Traffic Infraction Enforcement Officer shall process each potential violation in accordance with State Laws and/or City Ordinances within five (5) business days of its appearance in the Notice of Violation Review Queue, and determine which violations will be issued as Notices of Violation or as soon as reasonably practical in the event of technical difficulties, power outages, or other circumstances beyond the City's control. 2 13. Within five (5) business days of its appearance in the Traffic Citation Review Queue, for unpaid Notices of Violation. the Traffic Infraction Enforcement Officer shall process the violation and determine whether to issue a Traffic Citation. or as soon as reasonably practical in the event of technical difficulties, power outages, or other circumstances beyond the City's control. 2.14 City shall provide its own Internet connection to operate the Vendor System to allow for the Authorized Employee to review and process Recorded Images, issue Notices of Violation and issue Uniform Traffic Citations, and provide copies of the Uniform Traffic Citations to the court 2.15 Vendor shall provide Police Department I Adjudication workstation computer monitors for citation review and approval which provide a resolution of 1280 x 1024, which shall be returned to Vendor in the event the Agreement is terminated. 2.16 For optimal data throughput, Police Department / Adjudication workstations should be connected to a high-speed Internet connection with bandwidth of T-1 or greater. Vendor will coordinate directly with the City's Information Technology (JT) Department on installation and implementation of the computerized aspects of the program. 2.17 Police Department shall provide signatures of all authorized police users who will review events and approve citations on forms provided by ATS and approved by the City. 2.18 In the event that remote access to the ATS Axsis VPS System is blocked by City's network security infrastructure, the City's 7 Department and the counterparts at ATS shall Page 358 of coordinate to facilitate appropriate communications access while maintaining required security measures, 2.19 City shall provide a computer terminal at a public location where persons receiving Notices of Violation may review the recorded images of the violation. Page 359 of 452 IMEORMAERM=1 1. All Infractions Data shall be stored on the Vendor System, 2. The Vendor System shall process Violations Data gathered from the Designated Intersections into a format capable of review by the Authorized Employee via the Vendor System. 1 Vendor shall act as Customer's agent for the limited purpose of collecting Recorded Images for the Authorized Employee to review and for the City's Traffic Infraction Enforcement Officer to determine if probable cause exists that a Violation has occurred. Vendor shall provide the Customer with access to any and all Recorded Images captured by the Camera System and automatically uploaded into the Vendor System. Notwithstanding any other provision in the Agreement, Vendor shall not have any authority or discretion to select which Recorded Images are accessed and reviewed by the Authorized Employee. All work Vendor performs in this regard shall be at the express direction and control of the Customer. 4. The Vendor System shall be accessible by the Authorized Employee through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a web browser. 5. Vendor shall provide storage capabilities for the City to store Violations identified for prosecution for a period of time of not less than four (4) years after final disposition of a case 6 Vendor shall provide Authorized Employees with access to the Vendor System for the purposes of reviewing the pre-processed Violations Data within five (5) days of the gathering of the Violations Data from the applicable Designated Intersections, and as to the issuance of Traffic Citations, within five (5) days of the expiration of the time frame under the State Law when a recipient of a Notice of Violation fails to pay the, penalty or submit an affidavit of non - responsibility that satisfied the requirements of the State Law. 7 The Authorized Employee shall use the Vendor System to review the Recorded images to determine if probable cause exists that a violation occurred and for the Authorized Employee to determine whether a Notice of Violation shall be issued and the Authorized Employee shall make such determination within five (5) days of the Recorded images being made available in the Police Review Queue of the Vendor System. As to the issuance of the Uniform Traffic Citation by the City's Authorized Employee, the Authorized Employee shall review the Recorded Images a second time within five (5) days of the Recorded Images being made available in the Vendor System after the expiration of the statutory time period allowed for the alleged violator to have responded to the issued Notice of Violation. If the Authorized Employee issues a Uniform Traffic Citation, within two (2) days after the issue date on the Uniform Traffic Citation, the Vendor System shall make available on the designated City FTP site a replica of the UTC and related metadata for review by the Authorized Employee and for the electronic transmission of the replica UTC by the Authorized Employee to the court having jurisdiction over the alleged violation VENDOR HEREBY ACKNOWLEDGES AND AGREES THAT A DECISION TO ISSUE A NOTICE OF VIOLATION AND/OR A UNIFORM TRAFFIC CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE CITY'S AUTHORIZED EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S SOLE DISCRETION CONSISTENT WITH STATE LAW (AN "ISSUANCE DECISION"), AND IN NO EVENT SHALL VENDOR HAVE THE ABILITY OR AUTHORIZATION TO MAKE ANY DETERMINATIONS RELATED TO AN ISSUANCE DECISION. 8 With respect to each Issuance Decision where the Authorized Employee found that probable cause existed that a violation occurred, the City's Authorized Employee shall use the Vendor System to cause the Vendor to perform the ministerial task of printing and mailing the Notice of Page 360 of 452 Violation or Uniform Traffic Citation, and Vendor shall print and mail such Notice of Violation or Uniform Traffic Citation within five (5) days after the issuance Decision is made by the City's Authorized Employee. . Vendor shall provide a toll-free telephone number, at its sole expense, for the purposes of answering citizen inquiries. 10. The Vendor shall permit the City's Authorized Employees to use the Vendor Standard Report System to download and print reports to allow the City to have oversight and continuous or periodic review of all actions taken within the Vendor System related to the Recorded Images uploaded into the Vendor System from the traffic infraction detector. 11. upon Vendor's receipt of a written request from the City and in addition to the Standard Reports, Vendor shall provide, without cost to the City, reports regarding the processing and issuance of Notices of Violation, the maintenance and downtime records of the Designated Intersections and the functionality of the Vendor System with respect thereto to the Cq in such format and for such periods as the City may reasonably request, without cost to the City. 12. Upon Vendor's receipt of a written request from the City at least fourteen (14) calendar days in advance of a hearing, Vendor shall provide expert witnesses for use by the City in prosecuting Infractions, at no cost to the City. 13. Vendor shall provide such training to City personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the City with respect to the Photo Red Light Enforcement Program. However, if a specific case requires testimony on the technical aspects of the equipment, upon City's request Vendor shall provide the City with an expert in the hearing in that case at no cost to the City. 14. Vendor shall prepare and provide to City a Notice of Violation form that complies with all requirements of the State Law. Vendor shall also provide to City a form of affidavit for use by owners of motor vehicles who claim an exemption under Florida Statutes §316.0083 and shall make that affidavit available to owners through an internet location or upon telephone or written request by an owner who has received a Notice of Violation or Traffic Citation. Vendor agrees that the city shall have the right to review and approve the form Notice of Violation and affidavit prior to their use, and that in the event City determines additional information should be included in the forms prior to their use or after implementation. Vendor shall modify the forms at its sole expense, to comply with those requirements, subject only to space limitations on the notice paper. City shall provide a Traffic Citation form to Vendor with the understanding that some modifications may be necessary to enable use with Vendor's systems and to comply with State Law. 15. Vendor is authorized as the City's agent to receive funds paid by red light camera violators. To facilitate this agency, ATS will establish a demand deposit account bearing the title, "American Traffic Solutions, Inc. as agent for the City of Boynton Beach" at U.S. Bank. All funds received by Vendor on behalf of the City will be deposited in this account and transferred by wire the second business day of each week to the City's primary deposit bank. The City will identify the account to collect funds wired from U.S. Bank. If desired, City will sign a W-9 and account agreement, to be completed by the City, to ensure the City's financial interest in said U.S, Bank account is preserved. --1111_1 .._...... ...._ .Page 361_ef__4.52 1 � I ESOLII'l'I()N 13.1 - 1 2 3 A RESO L 'I ION OF, THE ('l.l'N 0V B0 .N'l0N 13FA(11, 4 FI...ORIDA.APPROVING A 1.1,1 I lT ()1 tAl)F.Rs"1 ANDING TO 5 CORRECT A 5C_RI EN .R'S F.It13()R C C).'1 I: AUNT) ON ],A( -.F. 6 '1 `NO OF EX11113I`I` I3 'I"i) FuE 10t 11141 A,>'ll=:NDNIEN l' TO 7 IS O FF' ` S IPO r L S E R I C ES A (;13 F:Id:.M lz::N T B E-1 A F:1," N 117111". 8 C'JTN OF BO) NTON BEACH AND AMF RR AN "I"13.AF'F'I'C 9 SOLI' 1"lONS AND AtA-IORIZI G ITIL 11A, 14 TO SIGN 1 FIF: 10 LETTI-AZ OF UNDE'RSTANDING'; AND l'ROVIDINCy A 11 EF'FE(""1AVE DATE. 12 13 NF LIliRh AS, on August 17. 2015. tlrc ("ito JPPr0v�ed 111V I-OLrr'tll 14 Amendment R) 1'ruli'.ssiomd :`yen Wes Agrecrtaon bel ".~.cen the C'it\ Irl, Bo.v Moll licach and 15 Aincticun Rul& Solutions.. Ino (AIS, and 15 VrFlFliEAS� 14hib t 13, Comtrm:ticlrr and Inst,tll,ttion Obligations, �Nhich 17 AttAched to tl'rt I'crurth Anacrradment to Vrofl .ssiomd Set-%! 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J,_, 31 as bAnYy one and con"L and ant hewh3 InalK a �',J)V'ifk l)rfrt ref tln-s RcsOlutioll trpoll 32 ;tdopli.on hareol 33 Stt'ticlil 1 IY €ll t>Erliikhswn t7C tlw f1! t)l Hun litxn 13e, Ch, I IUi1i t1 due.,, 34 Mcb) t:rl:pwic and rlutl on1v Ow %1tr w to ygn d w Lewr Ut ndcr,tariding ro )rroul Me 35 sakcmr's error contained on paco.e tkti-c of I \hihit l3 to the l:rrtlrtll to 36 lhollessionwrl Services Agreement b t"c n the LIA Of B0v nt0n Be rcl1 and AnlCriCan 37 AM S0JUti0llS, r C0[)\ Ofthe Letter off UndnVanding and currectal page LM -o uF FxhilJt 38 B JIV aoZiCh d lttretO 39 `7ccdon 3. Miy Rcsolutiun \ i -ll become Motive WArnAcltcV LWUU PWSJfQ. 40 ' ASS t:1) A24) A DO JIM It 1) this &Lhl, of oM , 2015. 41 ETI Y to 13tN Il1, 1.1(1RID! 42 YES 1 ) 43 44 r 45 4 4,' 48 1�ninrissi�.�ne1� 13atiid I `tilerk,:r V, 49 50 Co jiii-i-, Uii e r Maek Vk ra 51 52 Colollossiom.-I Michael 1'rizpatri(k 63 54 55 V() I 1: 5-0 55 A 111ST: 57 58 I" 59 _. C 60 ]lG ler' 61 E32 Worl3LWW SA ) 1 NO AOcOMM 1 :rO W I ;Wwi"My tea QWr& hnmht3 o h! A I N Ad I qin kymi - U" w OFFICE OF THE CITY COMMISSION UQ -i Flo r 0clubvi- 20, 201.5 Sent b� (1'11(:kin�! no. 8000 27189 9331 1 )�i\ Id \ I k ohcri , jlrc,�ldt-,m A/ P1 Cits (d B0\11toll 13L:"1�+] I CtICT 01' 1 'II&I-SIM1,11 I)'-' SCI -k LTLis 1",rror ('15.`,!.,)t~ , llltm I t51 ( 11J--v,)IIl1Jj w-, to �.vrhj In lklt dw( ''It% I'o� !11k)II lk,Llch,-, III h" pro\ 1,k" i).\ A lVph,�,l A thc 'o dw Palm Iscach Comm, Court \10f , TC�'idk:jlk \Ll,-,u�l -V `01 dic 13o%won Bcad'l ( It\ ColmW"'d011 \01cto Ifflo LI I �)Lxlh Aln1 ,Ildmofl[ ki 111c C\I-Jhl�111)L:t [I IC I J\ iIII'l .,\It I C I_ I � 'I I I I I, t I I �)IJL ') �t I c I I ml 11 1 1 t 13. I I ; ),I L' j I I lbil B. dick: I,, It d,tkIo OU111\ ('ourl llk)Tl d 311 11 Wt I I I I I i J 1 t til€IItl.J I t I I I I I i� I I I Ill=IIJ 't 111 '1',11111 IC I I LI I ) I % I Ith thP, I t n I u I't A! IIF F I0 L I ll C�)II L I 1 1111 Uk: LW I �:�AWJI 01'11h: -,C I I\ �: I I L I t:I I I A C 11\ ilk h ,m I I I L! hC I % 11 (ARPORA I L M h-M4"-t-,rD(' FILLN't .\N 1) � ( (T P I A,MIAZICA' S GATE0VAY,p(),1,11E (;tAjSrrjEA.N1 1 1i3 laiplernent the City s business rtes as eflec:teo in the City s Red Ligr)t Carnera Business R�jles Questionnaire as suc,i rray be arrencled frorn time to Itme. and Enforcement Documentation consistent with the reQuiie,iients of the State La%,,v provided however the City shall piov,de the Vendor a form cf Notice of Violation and Uniform Traffic Citation with the understanding that some f-Tiodificatioris may be necessary to enable use with Vendor System or to comply with the State Law The Dty's business rules are irricorporatec into this Agreement as if fully set north nererThe C tv s bisi,,ess rules may De amended froT time to Time as authorized by the City Mar -,age- or the City Managers designee Sochi arnenuiiients to the City's business rules shall not require an anr encjment to this agreement and shall not: require City Commission Approval Pproval With the exrept:on of aniericnients recuired is comply with judicial decisions or Changes in law if an amendment requested by the City to the City's bi-siress rules increases any cost to the Vendor the Vencio; shat : provide the U'ity with ar esurnate of trie additional Costs and ,he, City shall be responsible for sucn costs if af)piiovea by the City Ic proceed with tre amendment ,o the City's business iules If an afnenci7-ienl is required to comply with a judicial decision or a change in law and said amendment increases any cost to the City or tyre Vendor, the Vencor and City shall negat,ate a reasonable allocation of the costs 1 11 `"he Vemior System shall `ac ilitate tr-!e ALIthorized ErTiployee s prDvidjoy by ele0ionc transmission a replica of the Lnifuifn -1 faffic- Cijan�,iii data lo the Palm Beach County Court The Vendor shall be re5pDrisjble for its own development costs T!h-1 City and Vendor shall address any development costs charged by the City the co,jrt or a th:rd party Vendor on a case by case basis 1 12 Complete the instwation and testing of all necessary Equipment including hardware and software, at t1he Designatec Intersections (under the supervision of the City) 1 13 Cause an electrical sub -contractor to complete all reasonably necessary electrical work at tne Designated Intersections inClLjding but not limited to the installation of all relatect E.,qu,pment ann other detection sensors poles oalbhng telecorni"TWIlications equiprnent and vViring vvricr, cork snail be peiformeci iii conipliance with a]! applicable local state and federal laws and feguiations 1 14 Install aild Test Ine, fund ori:Aljt , v cl! the Designated li-riersections wit`' the Vendoi Systern anci esablish 'Lilly opefah:rnai violatior oloces'sif.Q CaP�Lidlz,,, *Iiii] !,E= VPncof Systern 1 15 rnpterne,)l the use of the Vender Syslen-i at e< r r7 cf zr)c-. Designated lrihei�ei;tions 1 16 De,ivei lhee Matti ials to the Cit, 1 17 Within five (15) bL.S1r_eSS C13YS after the Recorded Image is collected by the traffic rif,action ce ecioi the Vei)oof System`, shall snake a I Recorded hnageF, accessible for review by The City 5 ALIthofizeo [- rnpioyee 1 8 Upon a firidiny by it : C t s Aulnoiized Li-niployee thial probable cause exists that a violation occurred the AutiTQfrzed Lfnpioyee may ssue- a Notice of Voiaticin Once the Authorized Employee has issued the Notice of Violation the Vendur snail cerlorm The ministerial task of printing and mailing the Notice of Vioation that has been issued by the Autnorizec Ernpioyee 1 19 If the Civil Penalty is ung aid �),, U e fecil-iient of the Notice of Violatior does riot file an affidavit of non-responsirD,lity that clues not meet the requirements of the State Law within the tin,Ie -set forth in the State Law then wither five (5) business days after the expiration of''isle. place the unpaid Notice of Violation into the 'Traffic Citation Queue for review by the City's traffic Enforcement Officer to authorrze the issuance of a- Ifaffic Citation Pursuant to the State Law Upon a fndjng by the City Authorized Employee thai probable cause exists that a violation occurred lhe Au,,lf,of1zerj 'Employee rnay issue a Uniforn Traffic Citation Once the Authorized EEEEZE3�� MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 He suggested that the City entertain putting the issue on the ballot in the next election to ascertain the public opinion. If the public has an interest, then direction can be given to get the reports to compare. If the vote is against obtaining the information the issue would be dropped. If a new police station is required, the only funding source would be a higher millage rate or a bond issue. (Commissioner Fitzpatrick left the dais.) Commissioner Merker questioned how the statement was made we had the best public safety departments, yet suggest outsourcing the functions. The remarks appeared to be political according to Commissioner Merker. The police reorganization illustrated true team work. What the citizens of Boynton Beach want has to be the primary force. The citizens want security and safety. Vice Mayor Casello clarified he was not running for political office. The issue is affordability. Mayor Taylor was not in favor of outsourcing police and fire. They do a great job. He understood future affordability is a concern. Vice Mayor Casello suggested a survey distributed in the utility bills may be sufficient. Mayor Taylor favored a survey. Commissioner Merker felt it was a contradiction. 13. LEGAL A. PROPOSED RESOLUTION NO. R15-087 -Approve a Fourth Amendment to the Professional Services Agreement between the City of Boynton Beach and American Traffic Solutions, Inc., ("ATS") for the Red Light Traffic Enforcement system. Harvey Oyer, representing American Traffic Solutions as a lobbyist, reviewed the Red Light Program. This week, ironically, marks the National Stop on Red Week, sponsored by the Federal Highway Administration. There is a top ten list of why stopping on red is critical. Most of us know or knew someone who has been killed or maimed by a red light runner. The dollar cost to Americans exceeds $200B a year, an extraordinary cost to society that is avoidable. The City of Boynton Beach is now four and a half years into a five year contract with ATS, commencing in May of 2011 as a pioneer with a red light camera program. It was enacted by the City, before the State Legislature made it a uniform traffic citation violation. There are 15 cameras installed at seven intersections. During that time, to March, 2015 there was a 38% decrease per day, per camera in red light running. It is comparable to the national and state averages of other red light camera programs. The majority of violators are not Boynton Beach residents. There is a very low recidivism rate. The lights and cameras were designed to modify behavior and have been effective. The cameras also provide 24 hour -a -day surveillance to the Police 17 Page 366 of 452 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Department to solve other crimes. The videos have been requested and used 230 times. Other communities pay hundreds of thousands of dollars a year to set up surveillance in areas for crime prevention and resolution. The City of Boynton Beach receives the coverage for free because the video belongs to the City. State-wide statistics show there are 80 jurisdictions that have red light cameras. Fatal crashes at intersections with cameras have been reduced 49%. The estimated number of lives saved per year is 18. In Palm Beach County the data compiled by Palm Beach County Traffic Engineering revealed, while accidents decreased 28% at camera intersection, it was increasing 15% at non -camera intersections. It is a differential of 43%. The majority of people receive one ticket and it modified their behavior. Those who got a second ticket are a small percentage and fewer than 2% are the individuals with three or more violations. Red light cameras truly do modify driver behavior. Sideswipe crashes decreased in other jurisdictions with very similar results throughout the State of Florida. A large share of the money collected goes to the State. It began as a local Code Enforcement violation and the enacting ordinance made it enforceable against everyone in the State. Many major roadways are State roads and the ordinance allows cameras to be placed in their State road right-of-way. The City receives a portion of the money and $3 from each ticket goes to the Miami Project to Cure Paralysis. There is a direct relationship been paralysis and red light running. The local trauma centers receive $10 from each ticket. The public quickly realizes the red light cameras are not being monitored and running red lights become a problem. The City cameras have recorded a 30% increase in red light violations since tickets were no longer issued. In the four and a half years since the cameras were installed there has been a 38% reduction in red light running. All of the 52 cities in the survey experienced a change in driver behavior, greater public awareness, reduction in recidivism, reduction in crash severity and reduction in number of crashes and pedestrian safety. A large percentage of those injured at intersections are pedestrians and bicyclists. The cameras are endorsed by the Florida League of Cities, the Florida Police Chiefs' Association and many other agencies including the U.S. Conference of Mayors and U.S. Department of Transportation. In spite of the challenges, 70% of the Floridians and Americans support red light camera programs. The red light cameras take all the subjectivity out of the process. It is completely objective, color blind and with no discretion or bias. Mr. Oyer indicated he had asked Melissa Wandall to be present because her husband was killed by a red light runner and was the impetus for the The Mark Wandall Traffic 18 Page 367 of 452 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Safety Act. She is the national spokesperson for Stop On Red and she sent her encouragement that the program continue that was pioneered by the City of Boynton Beach and received unanimous approval by the Commission. Mark Buoniconti was present and had been paralyzed by a tackle in a football game. He now moves people to understand the tragedy of paralysis and to join him in finding its cure. He is the Founder and President of the Miami Project to Cure Paralysis and other organizations fighting for a solution to assist with paralysis and change the way the world thinks about paralysis. The $3 per ticket revenue is making a huge difference at the Miami Project to Cure Paralysis. The Foundation is now working on clinical trials in humans with cellular transplants. The trauma centers that receive funding are seeing a reduction in injuries related to car crashes and red light running. The funds are not only helping to cure paralysis, but also saving lives of those who run red lights and are victims of accidents. It is an extremely important issue. The $158 fine is for running a red light, one of the most egregious offenses of driving. The City has a unique position to impact lives by doing the right thing and making the community a safer place. Mr. Buoniconti implored the Commission to pass the issue and let the red light cameras continued. Mayor Taylor indicated he had followed Mr. Buoniconti since his accident and admired his work and courage to try to cure paralysis. Mr. Harvey asked the Commission to approve option four that resolves all issues and gets the program operational again. Attorney Bridgeman detailed the four options available. The first option would be to do nothing and keep the cameras off and issue no citations. The City would still have an obligation to follow the contract and pay about $800,000 until the contract ends in May, 2016 without any services in return. The second option would be to terminate the contract with ATS immediately. The City does have an obligation to make its best efforts to conclude the contract and pay the month amount as agreed. If the contract is terminated by the City, ATS would likely file a legal challenge to the City's decision and the monthly payments would be discontinued. However, legal fees would be assessed and if the City is determined to have breached the contract, the $800,000 would be due. The third option would involve amending the ATS contract solely to modify the program to turn the cameras back on and follow all of the opinions that have been handed down in the Courts. The contract would naturally end in May of 2016. A decision would have to be made whether or not to renew the contract for an additional five year term. The fiscal impact would be payment of $800,000 and $4,750 per camera, per month and no credits would be applied. 19 Page 368 of 452 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Option four is recommended by City staff and requested to be approved by ATS by amending the contract to modify the City's program, provide financial credits to the City for the past three months and renew the contract for an additional five year term. If by October 3, 2016 the Commission decides to discontinue the program, a letter can be issued to ATS to terminate the contract for any reason. This would add seven months to the contract to allow the program to move through the Courts. Instead of the $4,750 fee per camera, per month, there would be a $500 reduction per camera, per month from August 1, 2015 through May 2021 and get the three month credit from ATS. It would make the City financially whole in that respect. Attorney Cherof reminded the Commission, the reason for the fourth amendment is because once ATS was notified the City felt the contract could not continue, the same contract provided an opportunity for ATS to cure the defects in the program. This addendum is ATS's best effort to remedy the issues raised in the Court proceedings and cure the problems identified. It is important to note the Court actions are not final and subject to appeal. There have been conflicting Court opinions. Mr. Oyer related ATS was in complete agreement with Attorney Cherof. Only one of five District Courts has ruled the cameras are not legal based on the case in Hollywood, Florida. The Hollywood contract is different than the Boynton Beach contract. It has been agreed that any contract language be amended that may be perceived as not being in compliance with the decision on the Hollywood case. Most of the disputes revolve around who makes the final decision on the issuance of a ticket. The Boynton Beach Police Department has always made the final determination. Mayor Taylor opened the issue for public comment. Ramona Young, 9966 Boynton Gardens Way, had received a ticket that she paid, but contended there was a gap in the timing when two vehicles go through an intersection that only the second vehicle is photographed. She was angry about the violation. She abides by the law and thought the cameras were a big "rip off". There should be another option pursued and the matter carefully reviewed. Mayor Taylor explained Ms. Young could have gone to the magistrate hearing with the explanation. Ms. Young asserted she did not have the time or the energy or patience to pursue a hearing and argument. She argued the red light cameras were being questioned and the Commission should reconsider their use in the City of Boynton Beach. Steve Anton, 234 SE 2nd Avenue, opined the Commission was purchasing a system that would observe the citizens and further intrude into individual lives everywhere. The Constitution declared this would not occur and yet it is allowed to creep into everyone's lives. Mr. Anton referred to it as "prostitution of the Constitution". An individual cannot question the camera or the technology. It is a deeper problem than realized. It is not just the money involved. 20 Page 369 of 452 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 Robert Pollock, 210 NE 22nd Avenue, questioned the distribution of the money collected from the fine. He would not argue if the money was spent to beautify the City or put back in for redevelopment. Mayor Taylor explained there were expenses and personnel cost to administer the program. There are months when not enough money is collected to pay the monthly fee to ATS for the cameras. The new agreement would allow the payments to smooth out month to month for a more consistent expense. The intent is to save lives and injury. Any monies that are not used to cover the cost of the program, is deposited in the General Fund to be used for the community. Bro. Victor Norfus, 261 N. Palm Drive, offered the cost was prohibitive with the only cure being to issue more tickets. He inquired how many actual accidents have been captured that would support lives saved. Bro. Norfus did not like the idea of electronic surveillance replacing police. He had just been in an auto crash at a stop sign in West Palm Beach. Unless the cameras can quantify lives saved, the assertion cannot be made. The totality of the program has to be considered. More police surveillance is needed at the intersections rather than cameras. The issue is not electronic surveillance ticketing innocent people and saving lives if the data cannot be quantified. He questioned how many accidents had been recorded to provide the data to support the program. Mayor Taylor recalled there was a 38% decrease in red light violations. Commissioner Merker had received a ticket and paid the fine because he was guilty of the violation. The key is psychological and the resulting behavior changes. Safety rather than dollars should be the primary concern. Technology only improves over time and is now saving more and more lives. Commissioner Merker would vote in favor of continuing the program to help the masses, not individually. The additional surveillance can only enhance the safety of all citizens. Vice Mayor Casello inquired what the City paid monthly to ATS and Attorney Bridgeman replied it was $74,000 for the service provided. There is a distinction between the monthly fee paid and how the fines are distributed. Tim Howard, Director of Finance, reported of the $158 fine, $83 goes to the State, $75 goes to the City. ATS receives nothing from the fines paid. Vice Mayor Casello asked how many municipalities had installed the red light cameras and it was estimated eight or nine. All of the contracts have expired and they decided to wait and see what happens with other municipalities. Attorney Bridgeman emphasized the cameras have never been ruled illegal. There is an appeal pending relating to the decision that resulted in the cameras being turned off. Other jurisdictions in Florida have won appeals with the old program. The proposed changes would further enhance the likelihood of success in the Courts. Vice Mayor Casello inquired if there was language in the contract allowing the City to terminate the contract if insufficient revenue was being generated. Ms. Bridgeman explained it is a cost neutrality provision that is settled at the end of the contract. 21 Page 370 of 452 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 It was argued there was no reason for anyone to pay a ticket if the cameras were turned on, pending the final Court decision and based on all the tickets that have been thrown out. In response, the program has been modified to address the concerns of the Court. There are options available if a ticket is issued. The modified program cannot be tested unless tickets are once again issued. Vice Mayor Casello asserted the tickets have been tested in Court and thrown out. Now the new program should be instituted and appeals taken to test its validity. Another judge could do the same as before and throw the new tickets out the window. He asked if there was a class action suit by the people who paid the original tickets issued. There would be a possibility that the City would have to return the monies collected previously. Commissioner Fitzpatrick recalled the videos he had seen were very scary. The pictures sent with the notice of violation do not clearly represent the violation. There is essentially no question of a violation. Commissioner Fitzpatrick did not feel there was an expectation of privacy at a public intersection. More police are needed, but the cost factor has to be considered. Having eyes on the intersection is the most cost effective solution. Commissioner McCray asked Chief Katz how many intersection accidents have occurred while the cameras were turned off. Chief Katz responded there was a 23.4% increase of crashes in intersections. There have been no fatalities. Commissioner McCray respected the courage of Mr. Buoniconti, but noted paralysis comes from various acts and situations. He applauded the individuals who came forward to speak and the cities that discontinued the contracts with ATS. He could only vote to continue the current contract through May 2016 and then it should be terminated. In his opinion it was a money -making venture and he would only support the program until the contract expires. Mayor Taylor was aware that many municipalities in the County have gone through the same processes and are now operating. He stressed continuing the contract until May of 2016 would cost the City over $1M. Option four will allow the City to save money. The $222,000 fee covering the last three months will be excused and each camera will be reduced by $500 a month. The contract can still be cancelled next year. Vice Mayor Casello surmised ATS was requesting the contract be extended for seven months and then sign a five year contract. Attorney Cherof interjected there is a clause that allows the City to terminate the agreement with no penalty, for any reason, on December 31, 2016 by providing written notice of its intent to terminate the agreement to ATS on or before October 3, 2016. This is a free out for the City. Vice Mayor Casello asked why ATS wanted the seven-month extension and Mr. Oyer explained it would allow recovery of the cost to refund the City $220,000 and the reduction in the cost for the City going forward. The seven-month extension would 22 Page 371 of 452 MEETING MINUTES CITY COMMISSION BOYNTON BEACH, FL August 4, 2015 allow time for the test cases to make the way through the Court system. There is a tremendous ongoing expense to operate the camera system. It was asserted most of the violations occur because people are distracted rather than a willful attempt to run the red light. Boynton Beach should not be the test case. The challenges should be allowed to go through the Courts and if upheld, turned back on. Mayor Taylor had seen drivers intentionally running lights on a daily basis. Commissioner Merker noted once a ticket is received and paid, drivers slow down. ATS is a business entity and their product assists mankind. The issue is safety, not dollars or self -guilt. Motion Mayor Taylor passed the gavel and moved to adopt option #4 to amend the contract and the particulars listed. Commissioner Merker seconded the motion. Vote The motion passed 3-2 (Vice Mayor Casello and Commissioner McCray dissenting). B. PROPOSED ORDINANCE NO. 15-017 - SECOND READING - PUBLIC HEARING - Approve request to abandon a 10 -foot wide utility easement in conjunction with the iStorage Warehouse Addition project (MSPM 15-005) under concurrent review, located at 2951 SW 14th Place within the M-1 (Light Industrial) zoning district. Applicant: Bradley Miller, Miller Land Planning, Inc. Attorney Cherof read Proposed Ordinance No. 15-017 by title only, on second reading. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner McCray moved to approve Ordinance No. 15-017. Commissioner Merker seconded the motion. Vote Deputy City Clerk Pyle called the roll. The vote was 4-0 (Commissioner Fitzpatrick was not present for the vote.) C. PROPOSED ORDINANCE NO. 15-018 - SECOND READING - PUBLIC HEARING - Adopt an ordinance to sunset the Cemetery Board of Governors. Attorney Cherof read Proposed Ordinance No. 15-018 by title only, on second reading. 23 Page 372 of 452 11.B. UNFINISHED BUSINESS 8/1/2017 REQUESTED ACTION BY COMMISSION: Discussion and direction regarding regulations for Medical Cannabis Dispensaries. EXPLANATION OF REQUEST: On June 9, 2017 at the special session of the Florida Legislature, the Florida House and Senate passed bills amending the state's medical cannabis laws. The Governor subsequently signed the bills on June 23, 2017 and these amendments became effective as of July 3, 2017. Based on these amendments staff requests direction on how to proceed with the medical cannabis dispensary regulations. A summary of the state preemptions are attached as exhibit "A" and a copy of the amended law in its entirety are attached as exhibit "B". The State's actions generally leaves the City with the following options. 1. Add medical cannabis dispensaries to the land development regulations with no restrictions greater than currently required on pharmacies. 2. Add medical cannabis dispensaries to the land development regulations while amending the requirements for pharmacies to implement further restrictions. 3. Ban medical cannabis dispensaries in the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 373 of 452 Is this a grant? Grant Amount: ATTACHMENTS: Type D Exhibit D Exhibit REVIEWERS: Department Reviewer Planning and Zoning Rumpf, Michael Planning and Zoning Mack, Andrew Planning and Zoning Groff, Colin Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Exhibit A ® State Preemptions Exhibit B ® Complete Bill 8A Action Date Approved 7/24/2017 ® 5:02 PM Approved 7/25/2017 ® 1:36 PM Approved 7/25/2017 ® 2:00 PM Approved 7/26/2017 ® 8:16 AM Approved 7/26/2017 ® 4:40 PM Approved 7/28/2017 ® 8:55 AM Page 374 of 452 (11) PREEMPTION.—Regulation of cultivation, processing, and delivery of marijuana by medical marijuana treatment centers is preempted to the state except as provided in this subsection. (a) A medical marijuana treatment center cultivating or processing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school. (b) 1. A county or municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that county or municipality. A county or municipality that does not ban dispensing facilities under this subparagraph may not place specific limits, by ordinance, on the number of dispensing facilities that may locate within that county or municipality. 2. A municipality may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, medical marijuana treatment center dispensing facilities located within the boundaries of that municipality. A county may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, all such dispensing facilities located within the unincorporated areas of that county. Except as provided in paragraph (c), a county or municipality may not enact ordinances for permitting or for determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies licensed under chapter 465. A municipality or county may not charge a medical marijuana treatment center a license or permit fee in an amount greater than the fee charged by such municipality or county to pharmacies. A dispensing facility location approved by a municipality or county pursuant to former s. 381.986(8)(b), Florida Statutes 2016, is not subject to the location requirements of this subsection. (c) A medical marijuana treatment center dispensing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location through a formal proceeding open to the public at which the county or municipality determines that the location promotes the public health, safety, and general welfare of the community. (d) This subsection does not prohibit any local jurisdiction from ensuring medical marijuana treatment center facilities comply with the Florida Building Code, the Florida Fire Prevention Code, or any local amendments to the Florida Building Code or the Florida Fire Prevention Code. Page 375 of 452 CHAPTER 2017-232 Senate Bill No. 8-A An act relating to medical use of marijuana; providing legislative intent; amending s. 212.08, F.S.; providing an exemption from the state tax on sales, use, and other transactions for marijuana and marijuana delivery devices used for medical purposes; amending s. 381.986, F.S.; providing, revising, and deleting definitions; providing qualifying medical conditions for a patient to be eligible to receive marijuana or a marijuana delivery device; providing requirements for designating a qualified physician or medical director; providing criteria for certification of a patient for medical marijuana treatment by a qualified physician; providing for certain patients registered with the medical marijuana use registry to be deemed qualified; requiring the Department of Health to monitor physician registration and certifications in the medical marijuana use registry; requiring the Board of Medicine and the Board of Osteopathic Medicine to create a physician certification pattern review panel; providing rulemak- ing authority to the department and the boards; requiring the department to establish a medical marijuana use registry; specifying entities and persons who have access to the registry; providing requirements for registration of, and maintenance of registered status by, qualified patients and caregivers; providing criteria for nonresidents to prove residency for registration as a qualified patient; defining the term "seasonal resident", authorizing the department to suspend or revoke the registration of a patient or caregiver under certain circumstances; providing requirements for the issuance of medical marijuana use registry identification cards; requiring the department to issue licenses to a certain number of medical marijuana treatment centers; providing for license renewal and revoca- tion; providing conditions for change of ownership; providing for con- tinuance of certain entities authorized to dispense low -THC cannabis, medical cannabis, and cannabis delivery devices; requiring a medical marijuana treatment center to comply with certain standards in the production and distribution of edibles; requiring the department to establish, maintain, and control a computer seed -to -sale marijuana tracking system; requiring background screening of owners, officers, board members, and managers of medical marijuana treatment centers; requiring the department to establish protocols and procedures for operation, conduct periodic inspections, and restrict location of medical marijuana treatment centers; providing a limit on county and municipal permit fees; authorizing counties and municipalities to determine the location of medical marijuana treatment centers by ordinance under certain conditions; providing penalties; authorizing the department to impose sanctions on persons or entities engaging in unlicensed activities; providing that a person is not exempt from prosecution for certain offenses and is not relieved from certain requirements of law under certain circumstances; providing for certain school personnel to possess marijua- na pursuant to certain established policies and procedures; providing that CODING: Words rf�v„^^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 certain research institutions may possess, test, transport, and dispose of marijuana subject to certain conditions; providing applicability; amending ss. 458.331 and 459.015, F.S.; providing additional acts by a physician or an osteopathic physician which constitute grounds for denial of a license or disciplinary action to which penalties apply; creating s. 381.988, F.S.; providing for the establishment of medical marijuana testing laboratories; requiring the Department of Health, in collaboration with the Department of Agriculture and Consumer Services and the Department of Environ- mental Protection, to develop certification standards and rules; providing limitations on the acquisition and distribution of marijuana by a testing laboratory; providing an exception for transfer of marijuana under certain conditions; requiring a testing laboratory to use a department -selected computer tracking system; providing grounds for disciplinary and administrative action; authorizing the department to refuse to issue or renew, or suspend or revoke, a testing laboratory license; creating s. 381.989, F.S.; defining terms; directing the department and the Depart- ment of Highway Safety and Motor Vehicles to institute public education campaigns relating to cannabis and marijuana and impaired driving; requiring evaluations of public education campaigns; authorizing the department and the Department of Highway Safety and Motor Vehicles to contract with vendors to implement and evaluate the campaigns; amend- ing ss. 385.211, 499.0295, and 893.02, F.S.; conforming provisions to changes made by the act; creating s. 1004.4351, F.S.; providing a short title; providing legislative findings; defining terms; establishing the Coalition for Medical Marijuana Research and Education within the H. Lee Moffitt Cancer Center and Research Institute, Inc.; providing a purpose for the coalition; establishing the Medical Marijuana Research and Education Board to direct the operations of the coalition; providing for the appointment of board members; providing for terms of office, reimbursement for certain expenses, and meetings of the board; authoriz- ing the board to appoint a coalition director; prescribing the duties of the coalition director; requiring the board to advise specified entities and officials regarding medical marijuana research and education in this state; requiring the board to annually adopt a Medical Marijuana Research and Education Plan; providing requirements for the plan; requiring the board to issue an annual report to the Governor and the Legislature by a specified date; requiring the Department of Health to submit reports to the board containing specified data; specifying respon- sibilities of the H. Lee Moffitt Cancer Center and Research Institute, Inc.; amending s. 1004.441, F.S.; revising definition; amending s. 1006.062, F.S.; requiring district school boards to adopt policies and procedures for access to medical marijuana by qualified patients who are students; providing emergency rulemaking authority; providing for venue for a cause of action against the department; providing for defense against certain causes of action; directing the Department of Law Enforcement to develop training for law enforcement officers and agencies; amending s. 385.212, F.S.; renaming the department's Office of Compassionate Use; providing severability; providing a directive to the Division of Law CODING: Words rf�v„^^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 Revision and Information; providing appropriations; providing an effec- tive date. Be It Enacted by the Legislature of the State of Florida: Section 1. Legislative intent.—It is the intent of the Legislature to implement s. 29, Article X of the State Constitution by creating a unified regulatory structure. If s. 29, Article X of the State Constitution is amended or a constitutional amendment related to cannabis or marijuana is adopted, this act shall expire 6 months after the effective date of such amendment. Section 2. Present paragraph (1) of subsection (2) of section 212.08, Florida Statutes, is redesignated as paragraph (m), and a new paragraph (1) is added to that subsection, to read: 212.08 Sales, rental, use, consumption, distribution, and storage tax; specified exemptions.—The sale at retail, the rental, the use, the consump- tion, the distribution, and the storage to be used or consumed in this state of the following are hereby specifically exempt from the tax imposed by this chapter. (2) EXEMPTIONS; MEDICAL.— (1) Marijuana and marijuana delivery devices, as defined in s. 381.986, are exempt from the taxes imposed under this chapter. Section 3. Section 381.986, Florida Statutes, is amended to read: (Substantial rewording of section. See s. 381.986, F.S., for present text.) 381.986 Medical use of marijuana.— (1) DEFINITIONS.—As used in this section, the term: (a) "Caregiver" means a resident of this state who has agreed to assist with a qualified patient's medical use of marijuana, has a caregiver identification card, and meets the requirements of subsection (6). (b) "Chronic nonmalignant pain" means pain that is caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition. (c) "Close relative" means a spouse, parent, sibling, grandparent, child, or grandchild, whether related by whole or half blood, by marriage, or by adoption. (d) "Edibles" means commercially produced food items made with marijuana oil, but no other form of marijuana, that are produced and dispensed by a medical marijuana treatment center. 3 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (e) "Low -THC cannabis" means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed from a medical marijuana treatment center. (f) "Marijuana" means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low -THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient. (g) "Marijuana delivery device" means an object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing marijuana into the human body, and which is dispensed from a medical marijuana treatment center for medical use by qualified patient. (h) "Marijuana testing laboratory" means a facility that collects and analyzes marijuana samples from a medical marijuana treatment center and has been certified by the department pursuant to s. 381.988. (i) "Medical director" means a person who holds an active, unrestricted license as an allopathic physician under chapter 458 or osteopathic physician under chapter 459 and is in compliance with the requirements of paragraph (3)(c). (i) "Medical use" means the acquisition, possession, use, delivery, transfer, or administration of marijuana authorized by a physician certification. The term does not include. 1. Possession, use, or administration of marijuana that was not purchased or acquired from a medical marijuana treatment center. 2. Possession, use, or administration of marijuana in a form for smoking, in the form of commercially produced food items other than edibles, or of marijuana seeds or flower, except for flower in a sealed, tamper -proof receptacle for vaping_ 3. Use or administration of any form or amount of marijuana in a manner that is inconsistent with the qualified physician's directions or physician certification. 4. Transfer of marijuana to a person other than the qualified patient for whom it was authorized or the qualified patient's caregiver on behalf of the qualified patient. 5. Use or administration of marijuana in the following locations: a. On any form of public transportation, except for low -THC cannabis. CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 b. In any public place, except for low -THC cannabis. c. In a qualified patient's place of employment, except when permitted by his or her employer. d. In a state correctional institution, as defined in s. 944.02, or a correctional institution, as defined in s. 944.241. e. On the grounds of a preschool, primary school, or secondary school, except as provided in s. 1006.062. f. In a school bus, a vehicle, an aircraft, or a motorboat, except for low - THC cannabis. (k) "Physician certification" means a qualified physician's authorization for a qualified patient to receive marijuana and a marijuana delivery device from a medical marijuana treatment center. (1) "Qualified patient" means a resident of this state who has been added to the medical marijuana use registry by a qualified physician to receive marijuana or a marijuana delivery device for a medical use and who has a qualified patient identification card. (m) "Qualified physician" means a person who holds an active, unrest- ricted license as an allopathic physician under chapter 458 or as an osteopathic physician under chapter 459 and is in compliance with the physician education requirements of subsection (3). (n) "Smoking" means burning or igniting a substance and inhaling the smoke. (o) "Terminal condition" means a progressive disease or medical or surgical condition that causes significant functional impairment, is not considered by a treating physician to be reversible without the administra- tion of life-sustaining procedures, and will result in death within 1 year after diagnosis if the condition runs its normal course. (2) QUALIFYING MEDICAL CONDITIONS.—A patient must be diag- nosed with at least one of the following conditions to qualify to receive marijuana or a marijuana delivery device: (a) Cancer. (b) Epilepsy. (c) Glaucoma. (d) Positive status for human immunodeficiency virus. (e) Acquired immune deficiencysyndrome. (f) Post-traumatic stress disorder. 5 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (g) Amyotrophic lateral sclerosis. (h) Crohn's disease. (i) Parkinson's disease. (i) Multiple sclerosis. (k) Medical conditions of the same kind or class as or comparable to those enumerated in paragraphs (a) -(i). (1) A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification. (m) Chronic nonmalignant pain. (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.— (a) Before being approved as a qualified physician, as defined in paragraph (1)(m), and before each license renewal, a physician must successfully complete a 2 -hour course and subsequent examination offered by the Florida Medical Association or the Florida Osteopathic Medical Association which encompass the requirements of this section and any rules adopted hereunder. The course and examination shall be administered at least annually and may be offered in a distance learning format, including an electronic, online format that is available upon request. The price of the course may not exceed $500. A physician who has met the physician education requirements of former s. 381.986(4), Florida Statutes 2016, before the effective date of this section, shall be deemed to be in compliance with this paragraph from the effective date of this act until 90 days after the course and examination required by this paragraph become available. (b) A qualified physician may not be employed by., or have any direct or indirect economic interest in, a medical marijuana treatment center or marijuana testing laboratory (c) Before being employed as a medical director, as defined in paragraph (1)(i), and before each license renewal, a medical director must successfully complete a 2 -hour course and subsequent examination offered by the Florida Medical Association or the Florida Osteopathic Medical Association which encompass the requirements of this section and any rules adopted here- under. The course and examination shall be administered at least annually and may be offered in a distance learning format, including an electronic, online format that is available upon request. The price of the course may not exceed $500. (4) PHYSICIAN CERTIFICATION.— (a) A qualified physician may issue a physician certification only if the qualified physician: 6 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 1. Conducted a physical examination while physically present in the same room as the patient and a full assessment of the medical history of the patient. 2. Diagnosed the patient with at least one qualifying medical condition. 3. Determined that the medical use of marijuana would likely outweigh the potential health risks for the patient, and such determination must be documented in the patient's medical record. If a patient is younger than 18 years of age, a second physician must concur with this determination, and such concurrence must be documented in the patient's medical record. 4. Determined whether the patient is pregnant and documented such determination in the patient's medical record. A physician may not issue a physician certification, except for low -THC cannabis, to a patient who is pregnant. 5. Reviewed the patient's controlled drug prescription history in the prescription drug monitoring program database established pursuant to s. 893.055. 6. Reviews the medical marijuana use registry and confirmed that the patient does not have an active physician certification from another qualified physician. 7. Registers as the issuer of the physician certification for the named qualified patient on the medical marijuana use registry in an electronic manner determined by the department, and: a. Enters into the registry the contents of the physician certification, including the patient's qualifying condition and the dosage not to exceed the daily dose amount determined by the department, the amount and forms of marijuana authorized for the patient, and any ypes of marijuana delivery devices needed by the patient for the medical use of marijuana. b. Updates the registry within 7 days after any change is made to the original physician certification to reflect such change. c. Deactivates the registration of the qualified patient and the patient's caregiver when the physician no longer recommends the medical use of marijuana for the patient. 8. Obtains the voluntary and informed written consent of the patient for medical use of marijuana each time the qualified physician issues a physician certification for the patient, which shall be maintained in the patient's medical record. The patient, or the patient's parent or legal guardian if the patient is a minor, must sign the informed consent acknowledging that the qualified physician has sufficiently explained its content. The qualified physician must use a standardized informed consent form adopted in rule by the Board of Medicine and the Board of Osteopathic Medicine, which must include, at a minimum, information related to: CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 a. The Federal Government's classification of marijuana as a Schedule I controlled substance. b. The approval and oversight status of marijuana by the Food and Drug Administration. c. The current state of research on the efficacy of marijuana to treat the qualifying conditions set forth in this section. d. The potential for addiction. e. The potential effect that marijuana may have on a patient's coordina- tion, motor skills, and cognition, including a warning against operating heavy machinery, operating a motor vehicle, or engaging in activities that require a person to be alert or respond quickly. f. The potential side effects of marijuana use. g. The risks, benefits, and drug interactions of marijuana. h. That the patient's de -identified health information contained in the physician certification and medical marijuana use registry may be used for research purposes. (b) If a qualified physician issues a physician certification for a qualified patient diagnosed with a qualifying medical condition pursuant to para- graph (2)(k), the physician must submit the following to the applicable board within 14 days after issuing the physician certification: 1. Documentation supporting the qualified physician's opinion that the medical condition is of the same kind or class as the conditions in paragraphs 2 a 2. Documentation that establishes the efficacy of marijuana as treat- ment for the condition. 3. Documentation supporting the qualified physician's opinion that the benefits of medical use of marijuana would likely outweigh the potential health risks for the patient. 4. Any other documentation as required by board rule. The department must submit such documentation to the Coalition for Medical Marijuana Research and Education established pursuant to s. 1004.4351. (c) A qualified physician may not issue a physician certification for more than three 70 -day supply limits of marijuana. The department shall quantify by rule a daily dose amount with equivalent dose amounts for each allowable form of marijuana dispensed by a medical marijuana treatment center. The department shall use the daily dose amount to calculate a 70 -day supply. CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 1. A qualified physician may request an exception to the daily dose amount limit. The request shall be made electronically on a form adopted by the department in rule and must include, at a minimum: a. The qualified patient's qualifying medical condition. b. The dosage and route of administration that was insufficient to provide relief to the qualified patient. c. A description of how the patient will benefit from an increased amount. d. The minimum daily dose amount of marijuana that would be sufficient for the treatment of the qualified patient's qualifying medical condition. 2. A qualified physician must provide the qualified patient's records upon the request of the department. 3. The department shall approve or disapprove the request within 14 days after receipt of the complete documentation required by this paragraph. The request shall be deemed approved if the department fails to act within this time period. (d) A qualified physician must evaluate an existing qualified patient at least once every 30 weeks before issuing a new physician certification. A physician must: 1. Determine if the patient still meets the requirements to be issued a physician certification under paragraph (a). 2. Identify and document in the qualified patient's medical records whether the qualified patient experienced either of the following related to the medical use of marijuana: a. An adverse drug interaction with any prescription or nonprescription medication; or b. A reduction in the use of, or dependence on, other types of controlled substances as defined in s. 893.02. 3. Submit a report with the findings required pursuant to subparagraph 2. to the department. The department shall submit such reports to the Coalition for Medical Marijuana Research and Education established pursuant to s. 1004.4351. (e) An active order for low -THC cannabis or medical cannabis issued pursuant to former s. 381.986, Florida Statutes 2016, and registered with the compassionate use registry before the effective date of this section, is deemed a physician certification, and all patients possessing such orders are deemed qualified patients until the department begins issuing medical marijuana use registry identification cards. CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (f) The department shall monitor physician registration in the medical marijuana use registry and the issuance of physician certifications for practices that could facilitate unlawful diversion or misuse of marijuana or a marijuana delivery device and shall take disciplinary action as appropriate. (g) The Board of Medicine and the Board of Osteopathic Medicine shall jointly create a physician certification pattern review panel that shall review all physician certifications submitted to the medical marijuana use registry. The panel shall track and report the number of physician certifications and the qualifying medical conditions, dosage, supply amount, and form of marijuana certified. The panel shall report the data both by individual qualified physician and in the aggregate, by county, and statewide. The physician certification pattern review panel shall, beginning January 1, 2018, submit an annual report of its findings and recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives. (h) The department, the Board of Medicine, and the Board of Osteopathic Medicine may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection. (5) MEDICAL MARIJUANA USE REGISTRY.— (a) The department shall create and maintain a secure, electronic, and online medical marijuana use registry for physicians, patients, and caregivers as provided under this section. The medical marijuana use registry must be accessible to law enforcement agencies, qualified physi- cians, and medical marijuana treatment centers to verify the authorization of a qualified patient or a caregiver to possess marijuana or a marijuana delivery device and record the marijuana or marijuana delivery device dispensed. The medical marijuana use registry must also be accessible to practitioners licensed to prescribe prescription drugs to ensure proper care for patients before medications that may interact with the medical use of marijuana are prescribed. The medical marijuana use registry must prevent an active registration of a qualified patient by multiple physicians. (b) The department shall determine whether an individual is a resident of this state for the purpose of registration of qualified patients and caregivers in the medical marijuana use registry. To prove residences 1. An adult resident must provide the department with a copy of his or her valid Florida driver license issued under s. 322.18 or a copy of a valid Florida identification card issued under s. 322.051. 2. An adult seasonal resident who cannot meet the requirements of subparagraph 1. may provide the department with a copy of two of the following that show proof of residential address: a. A deed, mortgage, monthly mortgage statement, mortgage payment booklet or residential rental or lease agreement. 10 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 b. One proof of residential address from the seasonal resident's parent, step-parent, legal guardian or other person with whom the seasonal resident resides and a statement from the person with whom the seasonal resident resides stating that the seasonal resident does reside with him or her. c. A utility hookup or work order dated within 60 days before registration in the medical use registry. d. A utility bill, not more than 2 months old. e. Mail from a financial institution, including checking, savings, or investment account statements, not more than 2 months old. f. Mail from a federal, state, county, or municipal government agency, not more than 2 months old. g. Any other documentation that provides proof of residential address as determined by department rule. 3. A minor must provide the department with a certified copy of a birth certificate or a current record of registration from a Florida K-12 school and must have a parent or legal guardian who meets the requirements of subparagraph 1. For the purposes of this paragraph, the term "seasonal resident" means any person who temporarily resides in this state for a period of at least 31 consecutive days in each calendar year, maintains a temporary residence in this state, returns to the state or jurisdiction of his or her residence at least one time during each calendar year, and is registered to vote or pays income tax in another state or jurisdiction. (c) The department may suspend or revoke the registration of a qualified patient or caregiver if the qualified patient or caregiver: 1. Provides misleading, incorrect, false, or fraudulent information to the department; 2. Obtains a supply of marijuana in an amount greater than the amount authorized by the physician certification; 3. Falsifies, alters, or otherwise modifies an identification card; 4. Fails to timely notify the department of any changes to his or her qualified patient status; or 5. Violates the requirements of this section or any rule adopted under this section. (d) The department shall immediately suspend the registration of a qualified patient charged with a violation of chapter 893 until final disposition of any alleged offense. Thereafter, the department may extend the suspension, revoke the registration, or reinstate the registration. 11 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (e) The department shall immediately suspend the registration of any caregiver charged with a violation of chapter 893 until final disposition of any alleged offense. The department shall revoke a caregiver registration if the caregiver does not meet the requirements of subparagraph (6)(b)6. (f) The department may revoke the registration of a qualified patient or caregiver who cultivates marijuana or who acquires, possesses, or delivers marijuana from any person or entity other than a medical marijuana treatment center. (g) The department shall revoke the registration of a qualified patient, and the patient's associated caregiver, upon notification that the patient no longer meets the criteria of a qualified patient. (h) The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection. (6) CAREGIVERS.— (a) The department must register an individual as a caregiver on the medical marijuana use registry and issue a caregiver identification card if an individual designated by a qualified patient meets all of the requirements of this subsection and department rule. (b) A caregiver must: 1. Not be a qualified physician and not be employed by or have an economic interest in a medical marijuana treatment center or a marijuana testing laboratory. 2. Be 21 years of age or older and a resident of this state. 3. Agree in writing to assist with the qualified patient's medical use of marijuana. 4. Be registered in the medical marijuana use registry as a caregiver for no more than one qualified patient, except as provided in this paragraph. 5. Successfully complete a caregiver certification course developed and administered by the department or its designee, which must be renewed biennially. The price of the course may not exceed $100. 6. Pass a background screening pursuant to subsection (9), unless the patient is a close relative of the caregiver. (c) A qualified patient may designate no more than one caregiver to assist with the qualified patient's medical use of marijuana, unless: 1. The qualified patient is a minor and the designated caregivers are parents or legal guardians of the qualified patient; 12 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 2. The qualified patient is an adult who has an intellectual or develop- mental disability that prevents the patient from being able to protect or care for himself or herself without assistance or supervision and the designated caregivers are the parents or legal guardians of the qualified patient; or 3. The qualified patient is admitted to a hospice program. (d) A caregiver may be registered in the medical marijuana use registry as a designated caregiver for no more than one qualified patient, unless: 1. The caregiver is a parent or legal guardian of more than one minor who is a qualified patient; 2. The caregiver is a parent or legal guardian of more than one adult who is a qualified patient and who has an intellectual or developmental disability that prevents the patient from being able to protect or care for himself or herself without assistance or supervision; or 3. All qualified patients the caregiver has agreed to assist are admitted to a hospice program and have requested the assistance of that caregiver with the medical use of marijuana; the caregiver is an employee of the hospice; and the caregiver provides personal care or other services directly to clients of the hospice in the scope of that employment. (e) A caregiver may not receive compensation, other than actual expenses incurred, for any services provided to the qualified patient. (f) If a qualified patient is younger than 18 years of age, only a caregiver may purchase or administer marijuana for medical use by the qualified patient. The qualified patient may not purchase marijuana. (g) A caregiver must be in immediate possession of his or her medical marijuana use registry identification card at all times when in possession of marijuana or a marijuana delivery device and must present his or her medical marijuana use registry identification card upon the request of a law enforcement officer. (h) The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection. (7) IDENTIFICATION CARDS.= (a) The department shall issue medical marijuana use registry identi- fication cards for qualified patients and caregivers who are residents of this state, which must be renewed annually. The identification cards must be resistant to counterfeiting and tampering and must include, at a minimum, the following: 1. The name, address, and date of birth of the qualified patient or caregiver. 13 CODING: Words rf�v„^^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 2. A full -face, passport -type, color photograph of the qualified patient or caregiver taken within the 90 days immediately preceding registration or the Florida driver license or Florida identification card photograph of the qualified patient or caregiver obtained directly from the Department of Highway Safety and Motor Vehicles. 3. Identification as a qualified patient or a caregiver. 4. The unique numeric identifier used for the qualified patient in the medical marijuana use registry. 5. For a caregiver, the name and unique numeric identifier of the caregiver and the qualified patient or patients that the caregiver is assisting_ 6. The expiration date of the identification card. (b) The department must receive written consent from a qualified patient's parent or legal guardian before it may issue an identification card to a qualified patient who is a minor. (c) The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 establishing procedures for the issuance, renewal, suspension, replacement, surrender, and revocation of medical marijuana use registry identification cards pursuant to this section and shall begin issuing qualified patient identification cards by October 3, 2017. (d) Applications for identification cards must be submitted on a form prescribed by the department. The department may charge a reasonable fee associated with the issuance, replacement, and renewal of identification cards. The department shall allocate $10 of the identification card fee to the Division of Research at Florida Agricultural and Mechanical University for the purpose of educating minorities about marijuana for medical use and the impact of the unlawful use of marijuana on minority communities. The department shall contract with a third -party vendor to issue identification cards. The vendor selected by the department must have experience performing similar functions for other state agencies. (e) A qualified patient or caregiver shall return his or her identification card to the department within 5 business days after revocation. (8) MEDICAL MARIJUANA TREATMENT CENTERS.— (a) The department shall license medical marijuana treatment centers to ensure reasonable statewide accessibility and availability as necessary for qualified patients registered in the medical marijuana use registry and who are issued a physician certification under this section. 1. As soon as practicable, but no later than July3, 2017, the department shall license as a medical marijuana treatment center any entity that holds an active, unrestricted license to cultivate, process, transport, and dispense low -THC cannabis, medical cannabis, and cannabis delivery devices, under 14 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 former s. 381.986, Florida Statutes 2016, before July 1, 2017, and which meets the requirements of this section. In addition to the authority granted under this section, these entities are authorized to dispense low -THC cannabis, medical cannabis, and cannabis delivery devices ordered pursuant to former s. 381.986, Florida Statutes 2016, which were entered into the compassionate use registry before July 1, 2017, and are authorized to begin dispensing marijuana under this section on July 3, 2017. The department may grant variances from the representations made in such an entity's original application for approval under former s. 381.986, Florida Statutes 2014, pursuant to paragraph (e). 2. The department shall license as medical marijuana treatment centers 10 applicants that meet the requirements of this section, under the following parameters. a. As soon as practicable, but no later than August 1, 2017, the department shall license any applicant whose application was reviewed, evaluated, and scored by the department and which was denied a dispensing organization license by the department under former s. 381.986, Florida Statutes 2014; which had one or more administrative or judicial challenges pending as of January 1, 2017, or had a final ranking within one point of the highest final ranking in its region under former s. 381.986, Florida Statutes 2014; which meets the requirements of this section; and which provides documentation to the department that it has the existing infrastructure and technical and technological ability to begin cultivating marijuana within 30 days after registration as a medical marijuana treatment center. b. As soon as practicable, but no later than October 3, 2017, the department shall license one applicant that is a recognized class member of Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers Litig_, 856 F. Supp. 2d 1(D.D.C. 2011) and is a member of the Black Farmers and Agriculturalists Association -Florida Chapter. An applicant licensed under this sub -subparagraph is exempt from the requirements of subpar- agraphs (b)1. and (b)2. c. As soon as practicable, but no later than October 3, 2017, the department shall license applicants that meet the requirements of this section in sufficient numbers to result in 10 total licenses issued under this subparagraph, while accounting for the number of licenses issued under sub - subparagraphs a. and b. 3. For up to two of the licenses issued under subparagraph 2., the department shall give preference to applicants that demonstrate in their applications that they own one or more facilities that are, or were, used for the canning, concentrating, or otherwise processing of citrus fruit or citrus molasses and will use or convert the facility or facilities for the processing of marijuana. 4. Within 6 months after the registration of 100,000 active qualified patients in the medical marijuana use registry., the department shall license 15 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 four additional medical marijuana treatment centers that meet the requirements of this section. Thereafter, the department shall license four medical marijuana treatment centers within 6 months after the registration of each additional 100,000 active qualified patients in the medical marijuana use registry that meet the requirements of this section. 5. Dispensing facilities are subject to the following requirements: a. A medical marijuana treatment center may not establish or operate more than a statewide maximum of 25 dispensing facilities, unless the medical marijuana use registry reaches a total of 100,000 active registered qualified patients. When the medical marijuana use registry reaches 100,000 active registered qualified patients, and then upon each further instance of the total active registered qualified patients increasing by 100,000, the statewide maximum number of dispensing facilities that each licensed medical marijuana treatment center may establish and operate increases by five. b. A medical marijuana treatment center may not establish more than the maximum number of dispensing facilities allowed in each of the Northwest, Northeast, Central, Southwest, and Southeast Regions. The department shall determine a medical marijuana treatment center's maximum number of dispensing facilities allowed in each region bX calculating the percentage of the total statewide population contained within that region and multiplying that percentage by the medical marijuana treatment center's statewide maximum number of dispensing facilities established under sub -subparagraph a., rounded to the nearest whole number. The department shall ensure that such rounding does not cause a medical marijuana treatment center's total number of statewide dispensing facilities to exceed its statewide maximum. The department shall initially calculate the maximum number of dispensing facilities allowed in each region for each medical marijuana treatment center using county population estimates from the Florida Estimates of Population 2016, as published by the Office of Economic and Demographic Research, and shall perform recalculations following the official release of county population data resulting from each United States Decennial Census. For the purposes of this subparagraph: (I) The Northwest Region consists of Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and Washington Counties. (II) The Northeast Region consists of Alachua, Baker, Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns, Suwannee, and Union Counties. (III) The Central Region consists of Brevard, Citrus, Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco, Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia Counties. 16 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (IV) The Southwest Region consists of Charlotte, Collier, DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee, Okeechobee, and Sarasota Counties. (V) The Southeast Region consists of Broward, Miami -Dade, Martin, Monroe, and Palm Beach Counties. c. If a medical marijuana treatment center establishes a number of dispensing facilities within a region that is less than the number allowed for that region under sub -subparagraph b., the medical marijuana treatment center may sell one or more of its unused dispensing facility slots to other licensed medical marijuana treatment centers. For each dispensing facility slot that a medical marijuana treatment center sells, that medical marijuana treatment center's statewide maximum number of dispensing facilities, as determined under sub -subparagraph a., is reduced by one. The statewide maximum number of dispensing facilities for a medical marijuana treatment center that purchases an unused dispensing facility slot is increased by one per slot purchased. Additionally, the sale of a dispensing facility slot shall reduce the seller's regional maximum and increase the purchaser's regional maximum number of dispensing facilities, as deter- mined in sub -subparagraph b., by one for that region. For any slot purchased under this sub -subparagraph, the regional restriction applied to that slot's location under sub -subparagraph b. before the purchase shall remain in effect following the purchase. A medical marijuana treatment center that sells or purchases a dispensing facility slot must notify the department within 3 days of sale. d. This subparagraph shall expire on April 1, 2020. If this subparagraph or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this subparagraph are severable. (b) An applicant for licensure as a medical marijuana treatment center shall apply to the department on a form prescribed by the department and adopted in rule. The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 establishing a procedure for the issuance and biennial renewal of licenses, including initial application and biennial renewal fees sufficient to cover the costs of implementing and administering this section, and establishing supplemental licensure fees for payment beginning May 1, 2018, sufficient to cover the costs of administering ss. 381.989 and 1004.4351. The department shall identify applicants with strong diversity plans reflecting this state's commitment to diversity and implement training programs and other educational programs to enable minority_ persons and minority business enterprises, as defined in s. 288.703, and veteran business enterprises, as defined in s. 295.187, to compete for medical marijuana treatment center licensure and contracts. Subject to the requirements in subparagraphs (a)2.4, the department shall issue a license to an applicant if the applicant meets the requirements of this section and pays the initial 17 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 application fee. The department shall renew the licensure of a medical marijuana treatment center biennially if the licensee meets the require- ments of this section and pays the biennial renewal fee. An individual may not be an applicant, owner, officer, board member, or manager on more than one application for licensure as a medical marijuana treatment center. An individual or entity may not be awarded more than one license as a medical marijuana treatment center. An applicant for licensure as a medical marijuana treatment center must demonstrate: 1. That, for the 5 consecutive years before submitting the application, the applicant has been registered to do business in in the state. 2. Possession of a valid certificate of registration issued by the Depart- ment of Agriculture and Consumer Services pursuant to s. 581.131. 3. The technical and technological ability to cultivate and produce marijuana, including, but not limited to, low -THC cannabis. 4. The ability to secure the premises, resources, and personnel necessary to operate as a medical marijuana treatment center. 5. The ability to maintain accountability of all raw materials, finished products, and any byproducts to prevent diversion or unlawful access to or possession of these substances. 6. An infrastructure reasonably located to dispense marijuana to registered qualified patients statewide or regionally as determined by the department. 7. The financial ability to maintain operations for the duration of the 2 - year approval cycle, including the provision of certified financial statements to the department. a. Upon approval, the applicant must post a $5 million performance bond issued by an authorized surety insurance company rated in one of the three highest rating categories by a nationally recognized rating service. However, a medical marijuana treatment center serving at least 1,000 qualified patients is only required to maintain a $2 million performance bond. b. In lieu of the performance bond required under sub -subparagraph a., the applicant may provide an irrevocable letter of credit payable to the department or provide cash to the department. If provided with cash under this sub -subparagraph, the department shall deposit the cash in the Grants and Donations Trust Fund within the Department of Health, subject to the same conditions as the bond regarding requirements for the applicant to forfeit ownership of the funds. If the funds deposited under this sub - subparagraph generate interest, the amount of that interest shall be used bX the department for the administration of this section. 8. That all owners, officers, board members, and managers have passed a background screening pursuant to subsection (9). 18 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 9. The employment of a medical director to supervise the activities of the medical marijuana treatment center. 10. A diversity plan that promotes and ensures the involvement of minority persons and minority business enterprises, as defined in s. 288.703, or veteran business enterprises, as defined in s. 295.187, in ownership, management, and employment. An applicant for licensure renewal must show the effectiveness of the diversity plan by including the following with his or her application for renewal: a. Representation of minority persons and veterans in the medical marijuana treatment center's workforce; b. Efforts to recruit minority persons and veterans for employment; and c. A record of contracts for services with minority business enterprises and veteran business enterprises. (c) A medical marijuana treatment center may not make a wholesale purchase of marijuana from, or a distribution of marijuana to, another medical marijuana treatment center, unless the medical marijuana treat- ment center seeking to make a wholesale purchase of marijuana submits proof of harvest failure to the department. (d) The department shall establish, maintain, and control a computer software tracking system that traces marijuana from seed to sale and allows real-time, 24-hour access by the department to data from all medical marijuana treatment centers and marijuana testing laboratories. The tracking system must allow for integration of other seed -to -sale systems and, at a minimum, include notification of when marijuana seeds are planted, when marijuana plants are harvested and destroyed, and when marijuana is transported, sold, stolen, diverted, or lost. Each medical marijuana treatment center shall use the seed -to -sale tracking system established by the department or integrate its own seed -to -sale tracking system with the seed -to -sale tracking system established by the department. Each medical marijuana treatment center may use its own seed -to -sale system until the department establishes a seed -to -sale tracking system. The department may contract with a vendor to establish the seed -to -sale tracking system. The vendor selected by the department may not have a contractual relationship with the department to perform any services pursuant to this section other than the seed -to -sale tracking system. The vendor may not have a direct or indirect financial interest in a medical marijuana treatment center or a marijuana testing laboratory. (e) A licensed medical marijuana treatment center shall cultivate, process, transport, and dispense marijuana for medical use. A licensed medical marijuana treatment center may not contract for services directly related to the cultivation, processing, and dispensing of marijuana or marijuana delivery devices, except that a medical marijuana treatment center licensed pursuant to subparagraph (a)1. may contract with a single 19 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 entity for the cultivation, processing, transporting, and dispensing of marijuana and marijuana delivery devices. A licensed medical marijuana treatment center must, at all times, maintain compliance with the criteria demonstrated and representations made in the initial application and the criteria established in this subsection. Upon request, the department may grant a medical marijuana treatment center a variance from the represen- tations made in the initial application. Consideration of such a request shall be based upon the individual facts and circumstances surrounding the request. A variance may not be granted unless the requesting medical marijuana treatment center can demonstrate to the department that it has a proposed alternative to the specific representation made in its application which fulfills the same or a similar purpose as the specific representation in a way that the department can reasonably determine will not be a lower standard than the specific representation in the application. A variance may not be granted from the requirements in subparagraph 2. and subpara- graphs (b)1. and 2. 1. A licensed medical marijuana treatment center may transfer owner- ship to an individual or entity who meets the requirements of this section. A publicly traded corporation or publicly traded company that meets the requirements of this section is not precluded from ownership of a medical marijuana treatment center. To accommodate a change in ownership_ a. The licensed medical marijuana treatment center shall notify the department in writing at least 60 days before the anticipated date of the change of ownership. b. The individual or entity applying for initial licensure due to a change of ownership must submit an application that must be received by the department at least 60 days before the date of change of ownership. c. Upon receipt of an application for a license, the department shall examine the application and, within 30 days after receipt, notify the applicant in writing of any apparent errors or omissions and request any additional information required. d. Requested information omitted from an application for licensure must be filed with the department within 21 days after the department's request for omitted information or the application shall be deemed incomplete and shall be withdrawn from further consideration and the fees shall be forfeited. Within 30 days after the receipt of a complete application, the department shall approve or deny the application. 2. A medical marijuana treatment center, and any individual or entity who directly or indirectly owns, controls, or holds with power to vote 5 percent or more of the voting shares of a medical marijuana treatment center, may not acquire direct or indirect ownership or control of any voting 20 CODING: Words r vipk,-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 shares or other form of ownership of any other medical marijuana treatment center. 3. A medical marijuana treatment center may not enter into any form of profit-sharing arrangement with the property owner or lessor of any of its facilities where cultivation, processing, storing, or dispensing of marijuana and marijuana delivery devices occurs. 4. All employees of a medical marijuana treatment center must be 21 years of age or older and have passed a background screening pursuant to subsection (9). 5. Each medical marijuana treatment center must adopt and enforce policies and procedures to ensure employees and volunteers receive training on the legal requirements to dispense marijuana to qualified patients. 6. When gLrowing marijuana, a medical marijuana treatment center: a. May use pesticides determined by the department, after consultation with the Department of Agriculture and Consumer Services, to be safely applied to plants intended for human consumption, but may not use pesticides designated as restricted -use pesticides pursuant to s. 487.042. b. Must grow marijuana within an enclosed structure and in a room separate from any other plant. c. Must inspect seeds and growing plants for plant pests that endanger or threaten the horticultural and agricultural interests of the state in accordance with chapter 581 and any rules adopted thereunder. d. Must perform fumigation or treatment of plants, or remove and destroy infested or infected plants, in accordance with chapter 581 and any rules adopted thereunder. 7. Each medical marijuana treatment center must produce and make available for purchase at least one low -THC cannabis product. 8. A medical marijuana treatment center that produces edibles must hold a permit to operate as a food establishment pursuant to chapter 500, the Florida Food Safety Act, and must comply with all the requirements for food establishments pursuant to chapter 500 and any rules adopted thereunder. Edibles may not contain more than 200 milligrams of tetrahydrocannabinol and a single serving portion of an edible may not exceed 10 milligrams of tetrahydrocannabinol. Edibles may have a potency variance of no greater than 15 percent. Edibles may not be attractive to children; be manufactured in the shape of humans, cartoons, or animals; be manufactured in a form that bears any reasonable resemblance to products available for consump- tion as commercially available candy; or contain any color additives. To discourage consumption of edibles by children, the department shall determine by rule any shapes, forms, and ingredients allowed and prohibited for edibles. Medical marijuana treatment centers may not begin processing 21 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 or dispensing edibles until after the effective date of the rule. The department shall also adopt sanitation rules providing the standards and requirements for the storage, display, or dispensing of edibles. 9. Within 12 months after licensure, a medical marijuana treatment center must demonstrate to the department that all of its processing facilities have passed a Food Safety Good Manufacturing Practices, such as Global Food Safety Initiative or equivalent, inspection by a nationally accredited certifying body. A medical marijuana treatment center must immediately stop processing at any facility which fails to pass this inspection until it demonstrates to the department that such facility has met this requirement. 10. When processing marijuana, a medical marijuana treatment center must: a. Process the marijuana within an enclosed structure and in a room separate from other plants or products. b. Comply with department rules when processing marijuana with hydrocarbon solvents or other solvents or gases exhibiting potential toxicity to humans. The department shall determine by rule the requirements for medical marijuana treatment centers to use such solvents or gases exhibiting potential toxicity to humans. c. Comply with federal and state laws and regulations and department rules for solid and liquid wastes. The department shall determine by rule procedures for the storage, handling, transportation, management, and disposal of solid and liquid waste generated during marijuana production and processing. The Department of Environmental Protection shall assist the department in developing such rules. d. Test the processed marijuana using a medical marijuana testing laboratory before it is dispensed. Results must be verified and signed by two medical marijuana treatment center employees. Before dispensing, the medical marijuana treatment center must determine that the test results indicate that low -THC cannabis meets the definition of low -THC cannabis, the concentration of tetrahydrocannabinol meets the potency requirements of this section, the labeling of the concentration of tetrahydrocannabinol and cannabidiol is accurate, and all marijuana is safe for human consumption and free from contaminants that are unsafe for human consumption. The department shall determine by rule which contaminants must be tested for and the maximum levels of each contaminant which are safe for human consumption. The Department of Agriculture and Consumer Services shall assist the department in developing the testing requirements for contami- nants that are unsafe for human consumption in edibles. The department shall also determine by rule the procedures for the treatment of marijuana that fails to meet the testing requirements of this section, s. 381.988, or department rule. The department may select a random sample from edibles available for purchase in a dispensing facility which shall be tested by the 22 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 department to determine that the edible meets the potency requirements of this section, is safe for human consumption, and the labeling of the tetrahydrocannabinol and cannabidiol concentration is accurate. A medical marijuana treatment center may not require payment from the department for the sample. A medical marijuana treatment center must recall edibles, including all edibles made from the same batch of marijuana, which fail to meet the potency requirements of this section, which are unsafe for human consumption, or for which the labeling of the tetrahydrocannabinol and cannabidiol concentration is inaccurate. The medical marijuana treatment center must retain records of all testing and samples of each homogenous batch of marijuana for at least 9 months. The medical marijuana treatment center must contract with a marijuana testing laboratory to perform audits on the medical marijuana treatment center's standard operating procedures, testing records, and samples and provide the results to the department to confirm that the marijuana or low -THC cannabis meets the requirements of this section and that the marijuana or low -THC cannabis is safe for human consumption. A medical marijuana treatment center shall reserve two processed samples from each batch and retain such samples for at least 9 months for the purpose of such audits. A medical marijuana treatment center may use a laboratory that has not been certified by the department under s. 381.988 until such time as at least one laboratory holds the required certification, but in no event later than July 1, 2018. e. Package the marijuana in compliance with the United States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq. f. Package the marijuana in a receptacle that has a firmly affixed and legible label stating the following information: (I) The marijuana or low -THC cannabis meets the requirements of sub - subparagraph d. (II) The name of the medical marijuana treatment center from which the marijuana originates. (III) The batch number and harvest number from which the marijuana originates and the date dispensed. (IV) The name of the physician who issued the physician certification. (V) The name of the patient. (VI) The product name, if applicable, and dosage form, including concentration of tetrahydrocannabinol and cannabidiol. The product name may not contain wording commonly associated with products marketed by or to children. (VII) The recommended dose. (VIII) A warning that it is illegal to transfer medical marijuana to another person. 23 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (IX) A marijuana universal symbol developed by the department. 11. The medical marijuana treatment center shall include in each package a patient package insert with information on the specific product dispensed related to: a. Clinical pharmacology. b. Indications and use. c. Dosage and administration. d. Dosage forms and strengths. e. Contraindications. f. Warnings and precautions. g. Adverse reactions. 12. Each edible shall be individually sealed in plain, opaque wrapping marked only with the marijuana universal symbol. Where practical, each edible shall be marked with the marijuana universal symbol. In addition to the packaging and labeling requirements in subparagraphs 10. and 11., edible receptacles must be plain, opaque, and white without depictions of the product or images other than the medical marijuana treatment center's department -approved logo and the marijuana universal symbol. The receptacle must also include a list all of the edible's ingredients, storage instructions, an expiration date, a legible and prominent warning to keep away from children and pets, and a warning that the edible has not been produced or inspected pursuant to federal food safety laws. 13. When dispensing marijuana or a marijuana delivery device, a medical marijuana treatment center: a. May dispense any active, valid order for low -THC cannabis, medical cannabis and cannabis delivery devices issued pursuant to former s. 381.986, Florida Statutes 2016, which was entered into the medical marijuana use registry before July 1, 2017. b. May not dispense more than a 70 -day supply of marijuana to a qualified patient or caregiver. c. Must have the medical marijuana treatment center's employee who dispenses the marijuana or a marijuana delivery device enter into the medical marijuana use registry his or her name or unique employee identifier. d. Must verify that the qualified patient and the caregiver, if applicable, each has an active registration in the medical marijuana use registry and an active and valid medical marijuana use registry identification card, the amount and type of marijuana dispensed matches the physician certification 24 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 in the medical marijuana use registry for that qualified patient, and the physician certification has not already been filled. e. May not dispense marijuana to a qualified patient who is younger than 18 years of age. If the qualified patient is younger than 18 years of age, marijuana may only be dispensed to the qualified patient's caregiver. f. May not dispense or sell any other type of cannabis, alcohol, or illicit drug-related product, including pipes, bongs, or wrapping papers, other than a marijuana delivery device required for the medical use of marijuana and which is specified in a physician certification. g. Must, upon dispensing the marijuana or marijuana delivery device, record in the registry the date, time, quantity, and form of marijuana dispensed; the type of marijuana delivery device dispensed; and the name and medical marijuana use registry identification number of the qualified patient or caregiver to whom the marijuana delivery device was dispensed. h. Must ensure that patient records are not visible to anyone other than the qualified patient, his or her caregiver, and authorized medical marijuana treatment center employees. (f) To ensure the safety and security of premises where the cultivation, processing, storing, or dispensing of marijuana occurs, and to maintain adequate controls against the diversion, theft, and loss of marijuana or marijuana delivery devices, a medical marijuana treatment center shall: La. Maintain a fully operational security alarm system that secures all entry points and perimeter windows and is equipped with motion detectors; pressure switches; and duress, panic, and hold-up alarms; and b. Maintain a video surveillance system that records continuously 24 hours a day and meets the following criteria: (I) Cameras are fixed in a place that allows for the clear identification of persons and activities in controlled areas of the premises. Controlled areas include grow rooms, processing rooms, storage rooms, disposal rooms or areas, and point-of-sale rooms. (II) Cameras are fixed in entrances and exits to the premises, which shall record from both indoor and outdoor, or ingress and egress, vantage points. (III) Recorded images must clearly and accurately display the time and date. (IV) Retain video surveillance recordings for at least 45 days or longer upon the request of a law enforcement agency. 2. Ensure that the medical marijuana treatment center's outdoor premises have sufficient lighting from dusk until dawn. 25 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 3. Ensure that the indoor premises where dispensing occurs includes a waiting area with sufficient space and seating to accommodate qualified patients and caregivers and at least one private consultation area that is isolated from the waiting area and area where dispensing occurs. A medical marijuana treatment center may not display products or dispense marijuana or marijuana delivery devices in the waiting area. 4. Not dispense from its premises marijuana or a marijuana delivery device between the hours of 9 p.m. and 7 a.m., but may perform all other operations and deliver marijuana to qualified patients 24 hours a day. 5. Store marijuana in a secured, locked room or a vault. 6. Require at least two of its employees, or two employees of a security agency with whom it contracts, to be on the premises at all times where cultivation, processing, or storing of marijuana occurs. 7. Require each employee or contractor to wear a photo identification badge at all times while on the premises. 8. Require each visitor to wear a visitor pass at all times while on the premises. 9. Implement an alcohol and drug-free workplace policy. 10. Report to local law enforcement within 24 hours after the medical marijuana treatment center is notified or becomes aware of the theft, diversion, or loss of marijuana. (g) To ensure the safe transport of marijuana and marijuana delivery devices to medical marijuana treatment centers, marijuana testing labora- tories, or qualified patients, a medical marijuana treatment center must: 1. Maintain a marijuana transportation manifest in any vehicle trans- porting marijuana. The marijuana transportation manifest must be gener- ated from a medical marijuana treatment center's seed -to -sale tracking system and include the: a. Departure date and approximate time of departure. b. Name, location address, and license number of the originating medical marijuana treatment center. c. Name and address of the recipient of the delivery. d. Quantity and form of any marijuana or marijuana delivery device beingtransported. e. Arrival date and estimated time of arrival. f. Delivery vehicle make and model and license plate number. 26 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 g. Name and signature of the medical marijuana treatment center employees delivering the product. (I) A copy of the marijuana transportation manifest must be provided to each individual, medical marijuana treatment center, or marijuana testing laboratory that receives a delivery. The individual, or a representative of the center or laboratory, must sign a copy of the marijuana transportation manifest acknowledging receipt. (II) An individual transporting marijuana or a marijuana delivery device must present a copy of the relevant marijuana transportation manifest and his or her employee identification card to a law enforcement officer upon request. (III) Medical marijuana treatment centers and marijuana testing laboratories must retain copies of all marijuana transportation manifests for at least 3 years. 2. Ensure only vehicles in good working order are used to transport marijuana. 3. Lock marijuana and marijuana delivery devices in a separate compartment or container within the vehicle. 4. Require employees to have possession of their employee identification card at all times when transporting marijuana or marijuana delivery devices. 5. Require at least two persons to be in a vehicle transporting marijuana or marijuana delivery devices, and require at least one person to remain in the vehicle while the marijuana or marijuana delivery device is being delivered. 6. Provide specific safety and security training to employees transport- ing or delivering marijuana and marijuana delivery devices. (h) A medical marijuana treatment center may not engage in advertising that is visible to members of the public from any street, sidewalk, park, or other public place, except: 1. The dispensing location of a medical marijuana treatment center may have a sign that is affixed to the outside or hanging in the window of the premises which identifies the dispensary by the licensee's business name, a department -approved trade name, or a department -approved logoA medical marijuana treatment center's trade name and logo may not contain wording or images commonly associated with marketing targeted toward children or which promote recreational use of marijuana. 2. A medical marijuana treatment center may engage in Internet advertising and marketing under the following conditions: 27 CODING: Words rf�v„^^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 a. All advertisements must be approved by the department. b. An advertisement may not have any content that specifically targets individuals under the age of 18, including cartoon characters or similar images. c. An advertisement may not be an unsolicited pop-up advertisement. d. Opt -in marketing must include an easy and permanent opt -out feature. (i) Each medical marijuana treatment center that dispenses marijuana and marijuana delivery devices shall make available to the public on its website: 1. Each marijuana and low -THC product available for purchase, including the form, strain of marijuana from which it was extracted, cannabidiol content, tetrahydrocannabinol content, dose unit, total number of doses available, and the ratio of cannabidiol to tetrahydrocannabinol for each product. 2. The price for a 30 -day, 50 -day, and 70 -day supply at a standard dose for each marijuana and low -THC product available for purchase. 3. The price for each marijuana delivery device available for purchase. 4. If applicable, any discount policies and eligibility criteria for such discounts. (i) Medical marijuana treatment centers are the sole source from which a qualified patient may legally obtain marijuana. (k) The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection. (9) BACKGROUND SCREENING.—An individual required to undergo a background screening �pursuant to this section must pass a level 2 background screening as provided under chapter 435, which, in addition to the disqualifying offenses provided in s. 435.04, shall exclude an individual who has an arrest awaiting final disposition for, has been found guilty of, regardless of adjudication, or has entered a plea of nolo contendere or guilty to an offense under chapter 837, chapter 895, or chapter 896 or similar law of another jurisdiction. (a) Such individual must submit a full set of fingerprints to the department or to a vendor, entity, or agency authorized by s. 943.053(13). The department, vendor, entity, or agency shall forward the fingerprints to the Department of Law Enforcement for state processing, and the Depart- ment of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for national processing_ 28 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (b) Fees for state and federal fingerprint processing and retention shall be borne by the individual. The state cost for fingerprint processing shall be as provided in s. 943.053(3)(e) for records provided to persons or entities other than those specified as exceptions therein. (c) Fingerprints submitted to the Department of Law Enforcement pursuant to this subsection shall be retained by the Department of Law Enforcement as provided in s. 943.05(2)(8) and (h) and, when the Depart- ment of Law Enforcement begins participation in the program, enrolled in the Federal Bureau of Investigation's national retained print arrest notification program. Any arrest record identified shall be reported to the department. (10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS; ADMINISTRATIVE ACTIONS.— (a) The department shall conduct announced or unannounced inspec- tions of medical marijuana treatment centers to determine compliance with this section or rules adopted pursuant to this section. (b) The department shall inspect a medical marijuana treatment center upon receiving a complaint or notice that the medical marijuana treatment center has dispensed marijuana containing mold, bacteria, or other contaminant that may cause or has caused an adverse effect to human health or the environment. (c) The department shall conduct at least a biennial inspection of each medical marijuana treatment center to evaluate the medical marijuana treatment center's records, personnel, equipment, processes, security measures, sanitation practices, and quality assurance practices. (d) The Department of Agriculture and Consumer Services and the department shall enter into an interagency agreement to ensure cooperation and coordination in the performance of their obligations under this section and their respective regulatory and authorizing laws. The department, the Department of Highway Safety and Motor Vehicles, and the Department of Law Enforcement may enter into interagency greements for the purposes specified in this subsection or subsection (7). (e) The department shall publish a list of all approved medical marijuana treatment centers, medical directors, and qualified physicians on its website. (f) The department may impose reasonable fines not to exceed $10,000 on a medical marijuana treatment center for any of the following violations: 1. Violating this section or department rule. 2. Failing to maintain qualifications for approval. 3. Endangering the health, safety, or security of a qualified patient. 29 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 4. Improperly disclosing personal and confidential information of the qualified patient. 5. Attempting to procure medical marijuana treatment center approval by bribery, fraudulent misrepresentation, or extortion. 6. Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the business of a medical marijuana treatment center. 7. Making or filing a report or record that the medical marijuana treatment center knows to be false. 8. Willfully failing to maintain a record required by this section or department rule. 9. Willfully impeding or obstructing an employee or agent of the department in the furtherance of his or her official duties. 10. Engaging in fraud or deceit, negligence, incompetence, or misconduct in the business practices of a medical marijuana treatment center. 11. Making misleading, deceptive, or fraudulent representations in or related to the business practices of a medical marijuana treatment center. 12. Having a license or the authority to engage in any regulated profession, occupation, or business that is related to the business practices of a medical marijuana treatment center suspended, revoked, or otherwise acted against by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. 13. Violating a lawful order of the department or an agency of the state, or failing to comply with a lawfully issued subpoena of the department or an agency of the state. (g) The department may suspend, revoke, or refuse to renew a medical marijuana treatment center license if the medical marijuana treatment center commits any of the violations in paragraph (f). (h) The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection. (11) PREEMPTION.—Regulation of cultivation, processing, and deliv- ery of marijuana by medical marijuana treatment centers is preempted to the state except as provided in this subsection. (a) A medical marijuana treatment center cultivating or processing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school. 30 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (b)1. A county or municipality may, by ordinance, ban medical mar- ijuana treatment center dispensing facilities from being located within the boundaries of that county or municipality. A county or municipality that does not ban dispensing facilities under this subparagraph may not place specific limits, by ordinance, on the number of dispensing facilities that may locate within that county or municipality. 2. A municipality may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, medical marijuana treatment center dispensing facilities located within the boundaries of that municipality. A county may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, all such dispensing facilities located within the unincorporated areas of that county. Except as provided in paragraph (c), a county or municipality may not enact ordinances for permitting or for determining the location of dispensing facilities which are more restrictive than its ordinances permit- ting or determining the locations for pharmacies licensed under chapter 465. A municipality or county may not charge a medical marijuana treatment center a license or permit fee in an amount greater than the fee charged by such municipality or county to pharmacies. A dispensing facility location approved by a municipality or county pursuant to former s. 381.986(8)(b). Florida Statutes 2016, is not subject to the location requirements of this subsection. (c) A medical marijuana treatment center dispensing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location through a formal proceeding open to the public at which the county or municipality determines that the location promotes the public health, safety, and general welfare of the community. (d) This subsection does not prohibit any local jurisdiction from ensuring medical marijuana treatment center facilities comply with the Florida Building Code, the Florida Fire Prevention Code, or any local amendments to the Florida Building Code or the Florida Fire Prevention Code. (12) PENALTIES.— (a) A qualified physician commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if the qualified physician issues a physician certification for the medical use of marijuana for a patient without a reasonable belief that the patient is suffering from a qualifying medical condition. (b) A person who fraudulently represents that he or she has a qualifying medical condition to a qualified physician for the purpose of being issued a physician certification commits a misdemeanor of the first degree, punish- able as provided in s. 775.082 or s. 775.083. 31 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (c) A qualified patient who uses marijuana, not including low -THC cannabis, or a caregiver who administers marijuana, not including low -THC cannabis, in plain view of or in a place open to the general public; in a school bus, a vehicle, an aircraft, or a boat; or on the grounds of a school except as provided in s. 1006.062, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (d) A qualified patient or caregiver who cultivates marijuana or who purchases or acquires marijuana from any person or entity other than a medical marijuana treatment center violates s. 893.13 and is subject to the penalties provided therein. (e)1. A qualified patient or caregiver in possession of marijuana or a marijuana delivery device who fails or refuses to present his or her marijuana use registry identification card upon the request of a law enforcement officer commits a misdemeanor of the second degree, punish- able as provided in s. 775.082 or s. 775.083, unless it can be determined through the medical marijuana use registry that the person is authorized to be in possession of that marijuana or marijuana delivery device. 2. A person charged with a violation of this paragraph may not be convicted if, before or at the time of his or her court or hearing appearance, the person produces in court or to the clerk of the court in which the charge is pending a medical marijuana use registry identification card issued to him or her which is valid at the time of his or her arrest. The clerk of the court is authorized to dismiss such case at any time before the defendant's appearance in court. The clerk of the court may assess a fee of $5 for dismissing the case under this paragraph. (f) A caregiver who violates any of the applicable provisions of this section or applicable department rules, for the first offense, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 and, for a second or subsequent offense, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (g) A qualified physician who issues a physician certification for marijuana or a marijuana delivery device and receives compensation from a medical marijuana treatment center related to the issuance of a physician certification for marijuana or a marijuana delivery device is subject to disciplinary action under the applicable practice act and s. 456.072(1)(n). (h) A person transporting marijuana or marijuana delivery devices on behalf of a medical marijuana treatment center or marijuana testing laboratory who fails or refuses to present a transportation manifest upon the request of a law enforcement officer commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (i) Persons and entities conducting activities authorized and governed by this section and s. 381.988 are subject to ss. 456.053, 456.054, and 817.505, as applicable. 32 CODING: Words rf�v„^^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (i) A person or entity that cultivates, processes, distributes, sells, or dispenses marijuana, as defined in s. 29(b)(4), Art. X of the State Constitution, and is not licensed as a medical marijuana treatment center violates s. 893.13 and is subject to the penalties provided therein. (k) A person who manufactures, distributes, sells,, gives, or possesses with the intent to manufacture, distribute, sell, or give marijuana or a marijuana delivery device that he or she holds out to have originated from a licensed medical marijuana treatment center but that is counterfeit commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For the purposes of this paragraph, the term "counterfeit" means marijuana; a marijuana delivery device; or a marijuana or marijuana delivery device container, seal, or label which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a licensed medical marijuana treatment center and which thereby falsely purports or is represented to be the product of, or to have been distributed by, that licensed medical marijuana treatment facility. (1) Any person who possesses or manufactures a blank, forged, stolen, fictitious, fraudulent, counterfeit, or otherwise unlawfully issued medical marijuana use registry identification card commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (13) UNLICENSED ACTIVITY.— (a) If the department has probable cause to believe that a person or entity that is not registered or licensed with the department has violated this section, s. 381.988, or any rule adopted pursuant to this section, the department may issue and deliver to such person or entity a notice to cease and desist from such violation. The department also may issue and deliver a notice to cease and desist to any person or entity who aids and abets such unlicensed activity. The issuance of a notice to cease and desist does not constitute agency action for which a hearing under s. 120.569 or s. 120.57 may be sought. For the purpose of enforcing a cease and desist order, the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person or entity who violates any provisions of such order. (b) In addition to the remedies under paragraph (a), the department may impose by citation an administrative penalty not to exceed $5,000 per incident. The citation shall be issued to the subject and must contain the subject's name and any other information the department determines to be necessary to identify the subject, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed. If the subject does not dispute the matter in the citation with the department within 30 days after the citation is served, the citation shall become a final order of the department. The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section. Each day that the unlicensed activity continues after issuance of a notice to cease and desist constitutes a separate 33 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 violation. The department shall be entitled to recover the costs of investigation and prosecution in addition to the fine levied pursuant to the citation. Service of a citation may be made by personal service or by mail to the subject at the subject's last known address or place of practice. If the department is required to seek enforcement of the cease and desist or agency order, it shall be entitled to collect attorney fees and costs. (c) In addition to or in lieu of any other administrative remedy., the department may seek the imposition of a civil penalty through the circuit court for any violation for which the department may issue a notice to cease and desist. The civil penalty shall be no less than $5,000 and no more than $10,000 for each offense. The court may also award to the prevailing party court costs and reasonable attorney fees and, in the event the department prevails, may also award reasonable costs of investigation and prosecution. (d) In addition to the other remedies provided in this section, the department or any state attorney may bring an action for an injunction to restrain any unlicensed activity or to enjoin the future operation or maintenance of the unlicensed activity or the performance of any service in violation of this section. (e) The department must notify local law enforcement of such unlicensed activity for a determination of any criminal violation of chapter 893. (14) EXCEPTIONS TO OTHER LAWS.— (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the requirements of this section, a qualified patient and the qualified patient's caregiver may purchase from a medical marijuana treatment center for the patient's medical use a marijuana delivery device and up to the amount of marijuana authorized in the physician certification, but may not possess more than a 70 -day supply of marijuana at any given time and all marijuana purchased must remain in its original packaging. (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the requirements of this section, an approved medical marijuana treatment center and its owners, managers, and employees may manufacture, possess, sell, deliver, distribute, dispense, and lawfully dispose of marijuana or a marijuana delivery device as provided in this section, s. 381.988, and by department rule. For the purposes of this subsection, the terms "manufacture," "possession," "deliver," "distribute and "dispense" have the same meanings as provided in s. 893.02. (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the requirements of this section, a certified marijuana testing laboratory, includingan n employee of a certified marijuana testing laboratory acting within the scope of his or her employment, may acquire, possess, test, transport, and lawfully dispose of marijuana as provided in this section, in s. 381.988, and by department rule. 34 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (d) A licensed medical marijuana treatment center and its owners, managers, and employees are not subject to licensure or regulation under chapter 465 or chapter 499 for manufacturing, possessing, selling, deliver- ing, distributing, dispensing, or lawfully disposing of marijuana or a marijuana delivery device, as provided in this section, s. 381.988, and by department rule. (e) This subsection does not exempt a person from prosecution for a criminal offense related to impairment or intoxication resulting from the medical use of marijuana or relieve a person from any requirement under law to submit to a breath, blood, urine, or other test to detect the presence of a controlled substance. (f) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the requirements of this section and pursuant to policies and procedures established pursuant to s. 1006.62(8), school personnel may possess marijuana that is obtained for medical use pursuant to this section by a student who is a qualified patient. (g) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the requirements of this section, a research institute established by a public postsecondary educational institution, such as the H. Lee Moffitt Cancer Center and Research Institute, Inc., established under s. 1004.43, or a state university that has achieved the preeminent state research university designation under s. 1001.7065 may possess, test, transport, and lawfully dispose of marijuana for research purposes as provided by this section. (15) APPLICABILITY.—This section does not limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy. This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana. This section does not create a cause of action against an employer for wrongful discharge or discrimination. Marijuana, as defined in this section, is not reimbursable under chapter 440. (16) FINES AND FEES.—Fines and fees collected by the department under this section shall be deposited in the Grants and Donations Trust Fund within the Department of Health. Section 4. Paragraph (uu) is added to subsection (1) of section 458.331, Florida Statutes, to read: 458.331 Grounds for disciplinary action; action by the board and department.— (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): 35 CODING: Words rf�v„^^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (uu) Issuing a physician certification, as defined in s. 381.986, in a manner out of compliance with the requirements of that section and rules adopted thereunder. Section 5. Paragraph (ww) is added to subsection (1) of section 459.015, Florida Statutes, to read: 459.015 Grounds for disciplinary action; action by the board and department.— (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (ww) Issuing a physician certification, as defined in s. 381.986, in a manner not in compliance with the requirements of that section and rules adopted thereunder. Section 6. Section 381.988, Florida Statutes, is created to read: 381.988 Medical marijuana testing laboratories; marijuana tests con- ducted by a certified laboratory.— (1) A person or entity seeking to be a certified marijuana testing laboratory must: (a) Not be owned or controlled by a medical marijuana treatment center. (b) Submit a completed application accompanied by an application fee, as established by department rule. (c) Submit proof of an accreditation or a certification approved by the department issued by an accreditation or a certification organization approved by the department. The department shall adopt by rule a list of approved laboratory accreditations or certifications and accreditation or certification organizations. (d) Require all owners and managers to submit to and pass a level 2 background screening pursuant to s. 435.04 and shall deny certification if the person or entity has been found guilty of, or has entered a plea of guilty or nolo contendere to, regardless of adjudication, any offense listed in chapter 837, chapter 895, or chapter 896 or similar law of another jurisdiction. 1. Such owners and managers must submit a full set of fingerprints to the department or to a vendor, entity., or agency authorized by s. 943.053(13). The department, vendor, entity, or agency shall forward the fingerprints to the Department of Law Enforcement for state processing, and the Depart- ment of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for national processing. 2. Fees for state and federal fingerprint processing and retention shall be borne by such owners or managers. The state cost for fingerprint processing 36 CODING: Words-t�v„^^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 shall be as provided in s. 943.053(3)(e) for records provided to persons or entities other than those specified as exceptions therein. 3. Fingerprints submitted to the Department of Law Enforcement pursuant to this paragraph shall be retained by the Department of Law Enforcement as provided in s. 943.05(2)(8) and (h) and, when the Depart- ment of Law Enforcement begins participation in the program, enrolled in the Federal Bureau of Investigation's national retained print arrest notification program. Any arrest record identified shall be reported to the department. (e) Demonstrate to the department the capability of meeting the standards for certification required by this subsection, and the testing requirements of s. 381.986 and this section and rules adopted thereunder. (2) The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 establishing a procedure for initial certification and biennial renewal, including initial application and biennial renewal fees sufficient to cover the costs of administering this certification program. The department shall renew the certification biennially if the laboratory meets the requirements of this section and pays the biennial renewal fee. (3) The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 establishing the standards for certification of marijuana testing laboratories under this section. The Department of Agriculture and Consumer Services and the Department of Environmental Protection shall assist the department in developing the rule, which must include, but is not limited to: (a) Security standards. (b) Minimum standards for personnel. (c) Sample collection method and process standards. (d) Proficiency testing for tetrahydrocannabinol potency, concentration of cannabidiol, and contaminants unsafe for human consumption, as determined by department rule. (e) Reporting content, format, and frequency. (f) Audits and onsite inspections. O Quality assurance. (h) Equipment and methodology. (i) Chain of custody. (i) Any other standard the department deems necessary to ensure the health and safety of the public. 37 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (4) A marijuana testing laboratory may acquire marijuana only from a medical marijuana treatment center. A marijuana testing laboratory is prohibited from selling, distributing, or transferring marijuana received from a marijuana treatment center, except that a marijuana testing laboratory may transfer a sample to another marijuana testing laboratory in this state. (5) A marijuana testing laboratory must properly dispose of all samples it receives, unless transferred to another marijuana testing laboratory, after all necessary tests have been conducted and any required period of storage has elapsed, as established by department rule. (6) A marijuana testing laboratory shall use the computer software tracking system selected by the department under s. 381.986. (7) The following acts constitute grounds for which disciplinary action specified in subsection (8) may be taken against a certified marijuana testing laboratory: (a) Permitting unauthorized persons to perform technical procedures or issue reports. (b) Demonstrating incompetence or making consistent errors in the performance of testing or erroneous reporting. (c) Performing a test and rendering a report thereon to a person or entity not authorized by law to receive such services. (d) Failing to file any report required under this section or s. 381.986 or the rules adopted thereunder. (e) Reporting a test result if the test was not performed. (f) Failing to correct deficiencies within the time required by the department. (g) Violating or aiding and abetting in the violation of any provision of s. 381.986 or this section or any rules adopted thereunder. (8) The department may refuse to issue or renew, or may suspend or revoke, the certification of a marijuana testing laboratory that is found to be in violation of this section or any rules adopted hereunder. The department may impose fines for violations of this section or rules adopted thereunder, based on a schedule adopted in rule. In determining the administrative action to be imposed for a violation, the department must consider the following factors: (a) The severity of the violation, including the probability of death or serious harm to the health or safety of any person that may result or has resulted; the severity or potential harm; and the extent to which s. 381.986 or this section were violated. 38 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (b) The actions taken by the marijuana testing laboratory to correct the violation or to remedy the complaint. (c) Any previous violation by the marijuana testing laboratory. (d) The financial benefit to the marijuana testing laboratory of commit- ting or continuing the violation. (9) The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section. (10) Fees collected by the department under this section shall be deposited in the Grants and Donations Trust Fund within the Department of Health. Section 7. Section 381.989, Florida Statutes, is created to read: 381.989 Public education campaigns.— (1) DEFINITIONS.—As used in this section, the term: (a) "Cannabis" has the same meaning as in s. 893.02. (b) "Department" means the Department of Health. (c) "Marijuana" has the same meaning as in s. 381.986. (2) STATEWIDE CANNABIS AND MARIJUANA EDUCATION AND ILLICIT USE PREVENTION CAMPAIGN.— (a) The department shall implement a statewide cannabis and mar- ijuana education and illicit use prevention campaign to publicize accurate information regarding_ 1. The legal requirements for licit use and possession of marijuana in this state. 2. Safe use of marijuana, including preventing access by persons other than qualified patients as defined in s. 381.986, particularly children. 3. The short-term and long-term health effects of cannabis and mar- ijuana use, particularly on minors and young adults. 4. Other cannabis -related and marijuana -related education determined by the department to be necessary to the public health and safety. (b) The department shall provide educational materials regarding the eligibility for medical use of marijuana by individuals diagnosed with a terminal condition to individuals that provide palliative care or hospice services. 39 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (c) The department may use television messaging, radio broadcasts, print media, digital strategies, social media, and any other form of messaging deemed necessary and appropriate by the department to implement the campaign. The department may work with school districts, community organizations, and businesses and business organizations and other entities to provide training and programming. (d) The department may contract with one or more vendors to implement the campaign. (e) The department shall contract with an independent entity to conduct annual evaluations of the campaign. The evaluations shall assess the reach and impact of the campaign, success in educating the citizens of the state regarding the legal parameters for marijuana use, success in preventing illicit access by adults and youth, and success in preventing negative health impacts from the legalization of marijuana. The first year of the program, the evaluator shall conduct surveys to establish baseline data on youth and adult cannabis use, the attitudes of youth and the general public toward cannabis and marijuana, and any other data deemed necessary for long-term analysis. By January 31 of each year, the department shall submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives the annual evaluation of the campaign. (3) STATEWIDE IMPAIRED DRIVING EDUCATION CAMPAIGN.— (a) The Department of Highway Safety and Motor Vehicles shall implement a statewide impaired driving education campaign to raise awareness and prevent marijuana -related and cannabis -related impaired driving and may contract with one or more vendors to implement the campaign. The Department of Highway Safety and Motor Vehicles may use television messaging, radio broadcasts, print media, digital strategies, social media, and any other form of messaging deemed necessary and appropriate by the department to implement the campaign. (b) At a minimum, the Department of Highway Safety and Motor Vehicles or a contracted vendor shall establish baseline data on the number of marijuana -related citations for driving under the influence, marijuana - related traffic arrests, marijuana -related traffic accidents, and marijuana - related traffic fatalities, and shall track these measures annually thereafter. The Department of Highway Safety and Motor Vehicles or a contracted vendor shall annually evaluate and compile a report on the efficacy of the campaign based on those measures and other measures established by the Department of Highway Safety and Motor Vehicles. By January 31 of each year, the Department of Highway Safety and Motor Vehicles shall submit the report on the evaluation of the campaign to the Governor, the President of the Senate, and the Speaker of the House of Representatives. Section 8. Subsection (1) of section 385.211, Florida Statutes, is amended to read: 40 CODING: Words-t�v„^^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 385.211 Refractory and intractable epilepsy treatment and research at recognized medical centers.— (1) As used in this section, the term "low -THC cannabis" means "low - THC cannabis" as defined in s. 381.986 that is dispensed only from a dispensing organization as defined in former s. 381.986, Florida Statutes 2016, or a medical marijuana treatment center as defined in s. 381.986. Section 9. Paragraphs (b) through (e) of subsection (2) of section 499.0295, Florida Statutes, are redesignated as paragraphs (a) through (d), respectively, and present paragraphs (a) and (c) of that subsection, and subsection (3) of that section are amended, to read: 499.0295 Experimental treatments for terminal conditions.— (2) As used in this section, the term: (a) arsp eirszir6zornireuirszci6z6n approved y--cDepart ent ..'llealth tinder s. 381.986(5) to rrc epreeess, , and dispense low THC efnedieal eannabis, and eannabis delivery devices. LU"Investigational drug, biological product, or device" means= 4 a drug, biological product, or device that has successfully completed phase 1 of a clinical trial but has not been approved for general use by the United States Food and Drug Administration and remains under investiga- tion in a clinical trial approved by the United States Food and Drug Administration 2. Medieal eannabis that is manufaettifed and sold by a dispensing organizatieft. (3) Upon the request of an eligible patient, a manufacturer mays (a) Make its investigational drug, biological product, or device available under this section. (b) Provide an investigational drug, biological product, or device i=delivery - deviee as defined .. 381. to an eligible patient without receiving compensation. (c) Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device, of eannabis delivery deviee as defined in s. 381.9 . Section 10. Subsection (3) of section 893.02, Florida Statutes, is amended to read: 41 CODING: Words 4ev-ig are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 893.02 Definitions.—The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires: (3) "Cannabis" means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. The term does not include "marijuana "low THC eannabis," as defined in s. 381.986, if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in con- formance with s. 381.986. Section 11. Section 1004.4351, Florida Statutes, is created to read: 1004.4351 Medical marijuana research and education.— (1) SHORT TITLE.—This section shall be known and maybe cited as the "Medical Marijuana Research and Education Act." (2) LEGISLATIVE FINDINGS.—The Legislature finds that: (a) The present state of knowledge concerning the use of marijuana to alleviate pain and treat illnesses is limited because permission to perform clinical studies on marijuana is difficult to obtain, with access to research - grade marijuana so restricted that little or no unbiased studies have been performed. (b) Under the State Constitution, marijuana is available for the treatment of certain debilitating medical conditions. (c) Additional clinical studies are needed to ensure that the residents of this state obtain the correct dosing, formulation, route, modality, frequency, quantity, and quality of marijuana for specific illnesses. (d) An effective medical marijuana research and education program would mobilize the scientific, educational, and medical resources that presently exist in this state to determine the appropriate and best use of marijuana to treat illness. (3) DEFINITIONS.—As used in this section, the term: (a) "Board" means the Medical Marijuana Research and Education Board. (b) "Coalition" means the Coalition for Medical Marijuana Research and Education. (c) "Marijuana" has the same meaning as provided in s. 29, Art. X of the State Constitution. (4) COALITION FOR MEDICAL MARIJUANA RESEARCH AND EDUCATION. - 42 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (a) There is established within the H. Lee Moffitt Cancer Center and Research Institute, Inc., the Coalition for Medical Marijuana Research and Education. The purpose of the coalition is to conduct rigorous scientific research, provide education, disseminate research, and guide policy for the adoption of a statewide policy on ordering and dosing practices for the medical use of marijuana. The coalition shall be physically located at the H. Lee Moffitt Cancer Center and Research Institute, Inc. (b) The Medical Marijuana Research and Education Board is established to direct the operations of the coalition. The board shall be composed of seven members appointed by the chief executive officer of the H. Lee Moffitt Cancer Center and Research Institute, Inc. Board members must have experience in a variety of scientific and medical fields, including, but not limited to, oncology, neurology, psychology, pediatrics, nutrition, and addiction. Members shall be appointed to 4 -year terms and may be reappointed to serve additional terms. The chair shall be elected by the board from among its members to serve a 2 -year term. The board shall meet at least semiannually at the call of the chair or, in his or her absence or incapacity, the vice chair. Four members constitute a quorum. A majority vote of the members present is required for all actions of the board. The board may prescribe, amend, and repeal a charter governing the manner in which it conducts its business. A board member shall serve without compensation but is entitled to be reimbursed for travel expenses by the coalition or the organization he or she represents in accordance with s. 112.061. (c) The coalition shall be administered by a coalition director, who shall be appointed by and serve at the pleasure of the board. The coalition director shall, subject to the approval of the board: 1. Propose a budget for the coalition. 2. Foster the collaboration of scientists, researchers, and other appro- priate personnel in accordance with the coalition's charter. 3. Identify and prioritize the research to be conducted by the coalition. 4. Prepare the Medical Marijuana Research and Education Plan for submission to the board. 5. Apply for grants to obtain funding for research conducted by the coalition. 6. Perform other duties as determined by the board. (d) The board shall advise the Board of Governors, the State Surgeon General, the Governor, and the Legislature with respect to medical marijuana research and education in this state. The board shall explore methods of implementing and enforcing medical marijuana laws in relation to cancer control, research, treatment, and education. 43 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (e) The board shall annually adopt a plan for medical marijuana research, known as the "Medical Marijuana Research and Education Plan," which must be in accordance with state law and coordinate with existing programs in this state. The plan must include recommendations for the coordination and integration of medical, pharmacological, nursing, paramedical, community, and other resources connected with the treatment of debilitating medical conditions; research related to the treatment of such medical conditions; and education. (f) By February 15 of each year, the board shall issue a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives on research projects, community outreach initiatives, and future plans for the coalition. (g) Beginning January 15, 2018, and quarterly thereafter, the Depart- ment of Health shall submit to the board a data set that includes, for each patient registered in the medical marijuana use registry, the patient's qualifying medical condition and the daily dose amount and forms of marijuana certified for the patient. (5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CEN- TER AND RESEARCH INSTITUTE, INC.—The H. Lee Moffitt Cancer Center and Research Institute, Inc., shall allocate staff and provide information and assistance, as the coalition's budget permits, to assist the board in fulfilling its responsibilities. Section 12. Subsection (1) of section 1004.441, Florida Statutes, is amended to read: 1004.441 Refractory and intractable epilepsy treatment and research. (1) As used in this section, the term "low -THC cannabis" means "low - THC cannabis" as defined in s. 381.986 that is dispensed only from a dispensing organization as defined in former s. 381.986, Florida Statutes 2016, or a medical marijuana treatment center as defined in s. 381.986. Section 13. Subsection (8) is added to section 1006.062, Florida Statutes, to read: 1006.062 Administration of medication and provision of medical services by district school board personnel.— (8) Each district school board shall adopt a policy and a procedure for allowing a student who is a qualified patient, as defined in s. 381.986, to use marijuana obtained pursuant to that section. Such policy and procedure shall ensure access by the qualified patient; identify how the marijuana will be received, accounted for, and stored; and establish processes to prevent access by other students and school personnel whose access would be unnecessary for the implementation of the policy. 44 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 Section 14. Department of Health; authority to adopt rules; cause of action.— (1) EMERGENCY RULEMAKING.— (a) The Department of Health and the applicable boards shall adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, and this section necessary to implement ss. 381.986 and 381.988, Florida Statutes. If an emergency rule adopted under this section is held to be unconstitutional or an invalid exercise of delegated legislative authority., and becomes void, the department or the applicable boards may adopt an emergency rule pursuant to this section to replace the rule that has become void. If the emergency rule adopted to replace the void emergency rule is also held to be unconstitutional or an invalid exercise of delegated legislative authority and becomes void, the department and the applicable boards must follow the nonemergency rulemaking procedures of the Administrative Procedures Act to replace the rule that has become void. (b) For emergency rules adopted under this section, the department and the applicable boards need not make the findings required by s. 120.54(4)(a), Florida Statutes. Emergency rules adopted under this section are exempt from ss. 120.54(3)(b) and 120.541, Florida Statutes. The department and the applicable boards shall meet the procedural requirements in s. 120.54(a), Florida Statutes, if the department or the applicable boards have, before the effective date of this act, held any public workshops or hearings on the subject matter of the emergency rules adopted under this subsection. Challenges to emergency rules adopted under this subsection are subject to the time schedules provided in s. 120.56(5), Florida Statutes. (c) Emergency rules adopted under this section are exempt from s. 120.54(4)(c), Florida Statutes, and shall remain in effect until replaced by rules adopted under the nonemergency rulemaking procedures of the Administrative Procedures Act. By January 1, 2018, the department and the applicable boards shall initiate nonemergency rulemaking pursuant to the Administrative Procedures Act to replace all emergency rules adopted under this section by publishing a notice of rule development in the Florida Administrative Register. Except as provided in paragraph (a), after January 1, 2018, the department and applicable boards may not adopt rules pursuant to the emergency rulemaking procedures provided in this section. (2) CAUSE OF ACTION.— (a) As used in s. 29(d)(3), Article X of the State Constitution, the term: 1. "Issue regulations" means the filing by the department of a rule or emergency rule for adoption with the Department of State. 2. "Judicial relief' means an action for declaratory judgment pursuant to chapter 86, Florida Statutes. 45 CODING: Words r pipkt-^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (b) The venue for actions brought against the department pursuant to s. 29(d)(3), Article X of the State Constitution shall be in the circuit court in and for Leon County. (c) If the department is not issuing patient and caregiver identification cards or licensing medical marijuana treatment centers by October 3, 2017, the following shall be a defense to a cause of action brought under s. 29(d)(3). Article X of the State Constitution: 1. The department is unable to issue patient and caregiver identification cards or license medical marijuana treatment centers due to litigation challenging a rule as an invalid exercise of delegated legislative authority or unconstitutional. 2. The department is unable to issue patient or caregiver identification cards or license medical marijuana treatment centers due to a rule beim held as an invalid exercise of delegated legislative authority or unconstitu- tional. Section 15. Department of Law Enforcement; training related to medical use of marijuana.—The Department of Law Enforcement shall develop a 4 - hour online initial training course, and a 2 -hour online continuing education course, which shall be made available for use by all law enforcement agencies in this state. Such training shall cover the legal parameters of marijuana -related activities governed by ss. 381.986 and 381.988, Florida Statutes, relating to criminal laws governing marijuana. Section 16. Section 385.212, Florida Statutes, is amended to read: 385.212 Powers and duties of the Department of Health; Office of Medical Marijuana Compassion- Use.— (1) The Department of Health shall establish an Office of Medical Marijuana Comp ssiona Use under the direction of the Deputy State Health Officer. (2) The Office of Medical Marijuana Compassion Use may enhance access to investigational new drugs for Florida patients through approved clinical treatment plans or studies. The Office of Medical Marijuana Compassion Use may: (a) Create a network of state universities and medical centers recognized pursuant to s. 381.925. (b) Make any necessary application to the United States Food and Drug Administration or a pharmaceutical manufacturer to facilitate enhanced access to medical eempassiona use of marijuana for Florida patients. (c) Enter into any agreements necessary to facilitate enhanced access to medical eempassiona use of marijuana for Florida patients. 46 CODING: Words-tev-ig are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 (3) The department may adopt rules necessary to implement this section. (4) The Office of Medical Marijuana Use shall administer and enforce s. 381.986. Section 17. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. Section 18. The Division of Law Revision and Information is directed to replace the phrase "the effective date of this act" wherever it occurs in this act with the date the act becomes a law. Section 19. (1) For the 2017-2018 fiscal year, 55 full-time equivalent positions, with associated salary rate of 2,198,860, are authorized and the sums of $3.5 million in nonrecurring funds from the General Revenue Fund and $4,055,292 in recurring funds and $1,238,148 in nonrecurring funds from the Grants and Donations Trust Fund are appropriated to the Department of Health for the purpose of implementing the requirements of this act. Of the funds appropriated, $3,158,572 in recurring funds and $1,238,148 in nonrecurring funds from the Grants and Donations Trust Fund and 27 full-time equivalent positions shall be placed in reserve. The Department of Health is authorized to submit budget amendments requesting the release of funds being held in reserve pursuant to chapter 216, Florida Statutes contingent upon need and demonstration of fee collections to support the budget authority. (2) For the 2017-2018 fiscal year, the sum of $500,000 in nonrecurring funds from the General Revenue Fund is appropriated to the Department of Health to implement the statewide cannabis and marijuana education and illicit use prevention campaign established under s. 381.989, Florida Statutes. (3) For the 2017-2018 fiscal year, the sum of $5 million in nonrecurring funds from the Highway Safety Operating Trust Fund are appropriated to the Department of Highway Safety and Motor Vehicles to implement the statewide impaired driving education campaign established under s. 381.989, Florida Statutes. (4) For the 2017-2018 fiscal year, the sum of $100,000 in recurring funds from the Highway Safety Operating Trust Fund is appropriated to the Department of Highway Safety and Motor Vehicles for the purpose of training additional law enforcement officers as drug recognition experts. (5) For the 2017-2018 fiscal year, the sum of $750,000 in nonrecurring funds from the General Revenue Fund is provided for the Coalition for 47 CODING: Words-t�v„^^ are deletions; words underlined are additions. Ch. 2017-232 LAWS OF FLORIDA Ch. 2017-232 Medicinal Cannabis Research and Education at the H. Lee Moffitt Cancer Center and Research Institute, Inc., to conduct medical cannabis research. Section 20. This act shall take effect upon becoming a law. Approved by the Governor June 23, 2017. Filed in Office Secretary of State June 23, 2017. 48 CODING: Words rf�v„^^ are deletions; words underlined are additions. 12.A. NEW BUSINESS 8/1/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: City Manager is requesting the Commission set a Workshop/Special Commission Meeting on Monday, August 21, 2017 at 6pm in the Library Program Room to update the Commission on the Town Square Project - Phase I. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/28/2017 - 2:34 PM Finance Howard, Tim Approved 7/28/2017 - 2:34 PM City Manager LaVerriere, Lori Approved 7/28/2017 - 2:38 PM Page 424 of 452 12. B. NEW BUSINESS 8/l/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: Commissioner Casello has requested to discuss allowing dogs at the beach during certain hours. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 7/26/2017 ® 9:41 AM Howard, Tim Approved 7/26/2017 ® 9:41 AM LaVerriere, Lori Approved 7/28/2017 ® 9:08 AM Page 425 of 452 12.C. NEW BUSINESS 8/1/2017 REQUESTED ACTION BY COMMISSION: Discuss request of Representative Emily Slosberg to pass a resolution supporting legislation that would make the ban on texting while driving a primary offense. EXPLANATION OF REQUEST: Representative Slosberg sent a letter to Mayor Grant requesting the City of Boynton Beach join with other municipalities in supporting legislation that would make the ban on texting while driving a primary office. Police officers cannot pullover drivers who are texting while diving because it is a secondary offense. Representative Slosberg feels new legislation would save lives, prevent injuries and prevent property damages. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? It will give the police officers broader authority to curb the texting while driving epidemic. FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: Direct staff to prepare a Resolution supporting the legislation. Do not support the proposed legislation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 426 of 452 ATTACHMENTS: Type D Addendum D Resolution REVIEWERS: Department Reviewer City Clerk Pyle, Judith Finance Howard, Tim Assistant City Manager Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Slosberg Ltr Miami Dade Resolution Action Date Approved 7/27/2017 ® 1:09 PM Approved 7/27/2017 ® 4:01 PM Approved 7/27/2017 ® 4:02 PM Approved 7/27/2017 ® 4:26 PM Approved 7/28/2017 ® 9:09 AM Page 427 of 452 171oridaHouse , Representatives Representative rar ;r g District 91 District Office: 7499 West Atlantic Ave Suite 200 Delray Beach FL 33446 (561) 496-5940 (561) 496-5942 (fax) Emily.Slosberg@MyFloridaHouse.gov Dear Mayor Grant, Tallahassee Office: 1003 Capital Building 402 South Monroe Street Tallahassee, FL 32399 (850) 717-5091 Please allow this letter to serve as my request for the County to pass a resolution supporting legislation that would make the ban on texting while driving a primary offense. I am also requesting to appear on the agenda at an upcoming meeting. I have enclosed a copy the resolution passed by the Board of County Commissioners in Dade County. Currently, law enforcement cannot pull over drivers who are texting while driving because it is a secondary offense. Providing law enforcement with the ability to enforce "Texting While Driving Ban" as a primary offense will save lives, prevent injuries, and prevent property damage. Countless lives are lost and many more are injured due to distracted drivers. Texting While Driving has become an epidemic. Florida fatalities are increasing; almost 18% in 2015 over the prior year. Teen Driver fatalities increased almost 30%. I appreciate your consideration of this important issue. Please let me know if you have any questions or concerns. Kindly, Representative Emily Slosberg State House District 91 Page 428 of 452 CUMK OW TIM BOARD or coup" 4= COMM. FLOMMA MEMORANDUM Agenda Item No. 11(A) (26) TO: Honorable Chairman Jean Monestime DATE: June 7, 2016 and Members, Board of County Commissioners FROM: Abigail Price -Williams SUBJECT: Resolution urging the Florida County Attorney Legislature to enact legislation that would make texting while driving a primary offense Resolution No. R-520-16 The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Rebeca Sosa. Abigail Price -Williams County Attorney AP W/smm Page 429 of 452 MEMORANDUM (Revised) TO: Honorable Chairman Jean Monestime DATE: ,June 7, 2015 and Members, Board of County Commissioners _ _ TIT Please note any items checked. SUBJECT: Agenda Item No. 11(A) (26 "3 -Day Rule" for committees applicable if raised 6 weeps required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing VX No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's 3/5's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required F� Page 430 of 452 Approved Mayor Agenda Item No. 11(A) (26) Veto 6-7-16 Override RESOLUTION NO. R-520-16 RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT WOULD MAKE TEXTING WHILE DRIVING A PRIMARY OFFENSE WHEREAS, texting while driving makes the likelihood of a crash 23 tunes greater than driving while not distracted, according to the Virginia Tech Transportation Institute; and WHEREAS, distracted driving is driving while performing another activity that shifts the driver's attention away from driving; and WHEREAS, texting while driving is a form of distracted driving; and WHEREAS, the National Highway Traffic Safety Administration (NHTSA) reported an estimated total of 967,000 crashes in the United States involving distracted drivers in 2014; and WHEREAS, in 2014, approximately 431,000 people were injured in crashes in the United States involving distracted drivers, according to the NHTSA; and WHEREAS, in 2014, 3,179 people were killed in crashes in the United States involving distracted drivers, according to the NHTSA; and WHEREAS, the concern of the American public over distracted driving has grown exponentially, resulting in the first-ever national distracted driving enforcement and advertising campaign in April 2014 by the United States Department of Transportation; and WHEREAS, in April 2015, the United States Transportation Secretary continued the national campaign by announcing the "U Drive. U Text. U Pay." campaign for Distracted Driving Awareness month; and .:�F Page 431 of 452 Agenda Item No. 11(A) (26) Page No. 2 WHEREAS, the degree of cognitive distraction associated with mobile phone use is so high that drivers using mobile phones exhibit greater impairment than legally intoxicated drivers, according to a University of Utah study; and WHEREAS, a number of local jurisdictions have made it illegal to use hand-held cellular devices while driving; and WHEREAS, in October 2001, this Board passed Ordinance No. 01-148 making Miami - Dade County among the first jurisdictions in Florida to pass an ordinance prohibiting the use of cellular telephones while operating a motor vehicle, except with the use of a hands-free device; and WHEREAS, shortly thereafter, during the 2002 regular session, the Florida Legislature enacted Chapter 2002-179, Laws of Florida (Senate Bill 358), which preempted local governments from regulating the use of electronic communications devices in motor vehicles; and WHEREAS, on September 30, 2009, President Barack Obama issued an executive order prohibiting federal employees from texting while driving owned, leased, or rented government vehicles or driving and texting with government -supplied equipment; and WHEREAS, in November 2009, this Board enacted Resolution 'No. 1390-09, which prohibits Miami -Dade County employees, with certain exceptions, from text messaging, emailing or talking on a cellular telephone or other personal wireless handheld device when driving county -owned or county -leased vehicles unless a hands-free device is used; and WHEREAS, on October 27, 2010, the Federal Motor Carrier Safety Administration enacted a ban prohibiting commercial vehicle drivers from texting while driving; and Page 432 of 452 Agenda item No. 11(A) (26 ) Page No. 3 WHEREAS, on December 13, 2011, the National Transportation Safety Board urged all states to prohibit the use of cellular telephones and text messaging while behind the wheel of a motor vehicle; and WHEREAS, during the 2013 regular session, the Florida Legislature passed the Florida Ban on Texting While Driving Law, which made texting while driving a noncriminal traffic infraction; and WHEREAS, as of March 2416, 46 states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands have banned texting while driving for all drivers; and WHEREAS, of the 46 states that have banned texting while driving, all but five have made texting while driving a primary offense; and WHEREAS, Florida is among the five states that do not enforce texting while driving as a primary offense, but instead as a secondary offense; and WHEREAS, a secondary offense is an offense for which a law enforcement officer can issue a ticket only if a driver has been pulled over for committing another traffic violation; and WHEREAS, this Board has adopted a number of resolutions urging the Florida Legislature to fully ban texting while driving, including Resolution Nos. R-78-12, R-723-12, R- 933-13, R-1127-14, and R-742-15; and WHEREAS, the Florida Legislature has considered bills that would make texting while driving a primary offense, however, to date, such bills have not been passed, allowing texting while driving to remain a secondary offense in Florida; and WHEREAS, this Board urges the Florida Legislature to enact legislation that would make texting while driving a primary offense, .S Page 433 of 452 Agenda Item No. 11(A)(26) Page No. 4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: Section 1. Urges the Florida Legislature to enact legislation that would make texting while driving a primary offense. Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, and the Chair and Members of the Miami -Dade County State Legislative Delegation. Section 3. Directs the County's state lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2017 Legislative Package when it is presented to the Board. The Prime Sponsor of the foregoing resolution is Commissioner Rebeca Sosa. It was offered by Commissioner Esteban L. Bovo, Jr. , who moved its adoption. The motion was seconded by Commissioner Rebeca Sosa and upon being put to a vote, the vote was as follows: Jean Monestime, Chairman aye Esteban L. Bovo, Jr., Vice Chairman aye Bruno A. Barreiro aye Daniella Levine Cava Jose "Pepe" Diaz aye Audrey M. Edmonson Sally A. Heyman aye Barbara J. Jordan Dennis C. Moss aye Rebeca Sosa Sen. Javier D. Souto aye Xavier L. Suarez Juan C. Zapata aye .91 0 aye aye aye aye aye Page 434 of 452 13.A. LEGAL 8/1/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-019- FIRST READING - Approve a $1.00 per month increase in residential single family and multi -family garbage rates in FY 2017/18 and in FY 2018/19. EXPLANATION OF REQUEST: During its FY 2017/18 Budget Workshop Hearings held on July 17 - 18, 2017, via consensus, the City Commission concurred with the City Manager's recommendation to raise residential Solid Waste collection rates by $1.00 per month for FY 2017/18 beginning October 1, 2017. Rates and charges are established by Ordinance and are codified in Section 10-30 of the City's Code. The attached ordinance will implement this action by raising single family rates to $17.00 per month and multi -family rates to $13.75 per month. The rate increase results in additional revenue estimated at $460,000 annually. Additionally, staff research show that prior rate increases contemplated rate modifications for more than one future fiscal year. As such, staff recommends that the City Commission also consider an additional $1.00 per month to $18.00 per month increase in residential rates during FY 2018/19 as part of this ordinance. This option is at the discretion of the City Commission and final direction can be provided for the second reading of the ordinance. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Costs continue to increase for Solid Waste operations. Vehicle costs and personnel cost increases are contemplated in the budget expenditure proposed for FY 2017/18. Furthermore, it is critical to maintain a positive fund balance in the Solid Waste fund that will allow unexpected expenses (i.e. landfill) and future transfers to the general fund. The increase will aid in funding a more aggressive vehicle replacement cycle to help ensure timely residential collection. FISCAL IMPACT: Each $1.00 per month rate increase for single family and multi -family rates will provide estimated $460,000 additional annual revenue. ALTERNATIVES: Do not approve the rate increase as proposed. In this scenario, the transfer from the Solid Waste Fund to the General Fund would be reduced by approximately $400,000 in order to retain the fund balance in the Solid Waste Fund. Thus, a corresponding reduction of General Fund expenses would need to be identified during first and second reads of the proposed FY 2017/18 Budget. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 435 of 452 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance REVIEWERS: Department Public Works Finance Legal City Manager Reviewer Livergood, Jeffrey Howard, Tim Swanson, Lynn LaVerriere, Lori Description Ordinance D ate 7/21/2017 ® 1:29 PM 7/24/2017 ® 11:25 AM 7/25/2017 ® 4:23 PM 7/28/2017 ® 8:48 AM Page 436 of 452 I ORDINANCE NO. 17- 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, AMENDING CHAPTER 10 OF THE CITY'S 4 CODE OF ORDINANCES, "GARBAGE, TRASH AND 5 OFFENSIVE CONDITIONS," ARTICLE II, "REFUSE, 6 GARBAGE AND TRASH" ALLOWING FOR SOLID 7 WASTE RATE INCREASE; PROVIDING FOR 8 CONFLICTS, SEVERABILITY, CODIFICATION AND 9 AN EFFECTIVE DATE. 10 WHEREAS, the Public Works staff has conducted a cursory review of the Code of 11 Ordinances, Chapter 10, Garbage, Trash and Offensive Conditions and has proposed minor 12 revisions to the Code language; and 13 WHEREAS, the rate increase proposed is needed to continue to maintain sound 14 operations due to increased fuel costs, increased equipment maintenance expenditures and 15 added residential communities; and 16 WHEREAS, the City Commission finds the adoption of the proposed. ordinance is 17 in the best interest of the health, safety, and welfare of the citizens and residents of the City of 18 Boynton Beach. 19 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION 20 OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 21 Section 1. Each "Whereas" clause set forth above is true and correct and 22 incorporated herein by this reference. 23 Section 2. Chapter 10, Garbage, Trash and Offensive Conditions, Article II, 24 Refuse, Garbage and Trash, is amended as follows: 25 26 ARTICLE 11. REFUSE, GARBAGE AND TRASH* 27 28 29 30 Sec. 10-30. Rates and charges for City service. 31 The rates and charges for refuse collection service provided by the City shall be as follows: 32 (a) Commercial containerized, excluding multifamily residential units: 33 (1) Monthly commercial charges shall consist of a total of the following three (3) items: 34 a. Rental charge - The charge assessed to account for expenses related to the provision 35 of commercial refuse containers. The Public Works Director shall annually adjust the 36 container rental fee based upon changing market prices of new containers. C:\Users\pylej\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\ONLOQCP9\Solid_Waste—Rate—Increase—(2017) Ordinance.doc Page 437 of 452 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 b. Disposal charge -A fixed disposal charge as set and modified from time to time by the Palm Beach County Solid Waste Authority. This price shall be passed on to the customer directly. c. Operating charge -A fixed charge per cubic yard to cover all other labor and equipment hauling expenses and charges of the Solid Waste Department. The rate in 2014 - 2015 will be fixed at four dollars ($4.00) per cubic yard and shall be increased annually thereafter based upon changes to operating expenses at the discretion of the Public Works Director at the beginning of each fiscal year, or as otherwise provided by the City Commission. (2) Partial monthly service will be charged on a prorated basis, based on the rates in subsection (la.) above. (3) Mechanical compressed or compactor refuse shall have the disposal rate computed at a three -to -one (3:1) ratio of the disposal rates set forth in subsection (1b.) above. Containers with compactors shall be furnished by the owner, therefore, no rental cost shall be charged. (b) Noncontainerized commercial service: Refuse picked up from residential type cans at commercial establishments shall have their level of service negotiated by the Public Works Department. (c) Collection rates: (d) Roll -off rates. Rates for roll -off dumpsters for construction and demolition debris shall be established and modified from time to time by the Director of Public Works based upon private markets conditions. Section 3. Each and every other provision of Chapter 10, not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any C:\Users\pylej\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\ONLOQCP9\Solid_Waste_Rate_Inerease_(2017)_-_Ordinance. doc -2- Page 438 of 452 Residential Multi -Family FY 2013-14 $14.00 $10.75 FY 2014-15 $15.00 $11.75 FY 2015-16 $16.00 $12.75 Y 2017-18 $17.00 $13.75 FY 2018-19 $18.00 $1.4.75 (d) Roll -off rates. Rates for roll -off dumpsters for construction and demolition debris shall be established and modified from time to time by the Director of Public Works based upon private markets conditions. Section 3. Each and every other provision of Chapter 10, not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any C:\Users\pylej\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\ONLOQCP9\Solid_Waste_Rate_Inerease_(2017)_-_Ordinance. doc -2- Page 438 of 452 68 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 69 such decision shall not affect the remainder of this ordinance. 70 Section 6. Authority is hereby granted to codify said ordinance. 71 Section 7. This ordinance shall become effective immediately upon its passage 72 and adoption. 73 FIRST READING this day of 2017. 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 SECOND, FINAL READING AND PASSAGE this day of .2017. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST; Judith A. Pyle, CMC City Clerk (Corporate Seal) C:\Users\pylej\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\ONLOQCP9\Sol id_W aste_Rate_Increase_(2017)_-_Ordinance. doc -3- VOTE Page 439 of 452 13. B. LEGAL 8/1/2017 REQUESTED ACTION BY COMMISSION: Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: DENNIS GALINDEZ and MARLAGALINDEZ, his wife, Plaintiffs vs. CITY OF BOYNTON BEACH and FIRST GENESIS LAWN SERVICE, INC., Defendants — Case No. 50 2015 CA002413 DivisionAD EXPLANATION OF REQUEST: The City Attorney, James Cherof, will be in attendance along with the Assistant City Attorney, Tracey DeCarlo, City Manager, Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 45 minutes. The time and date of the private attorney-client session will be scheduled at the August 1, 2018 City Commission meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted The cost of a court reporter. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 440 of 452 ATTACHMENTS: Type D Memo REVIEWERS: Department Legal Finance City Manager Description Memo requesting closed door session Reviewer Action Date Swanson, Lynn Approved 7/26/2017 ® 2:51 PM Howard, Tim Approved 7/27/2017 ® 7:56 AM LaVerriere, Lori Approved 7/28/2017 ® 9:09 AM Page 441 of 452 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney Tracey DeCarlo, Assistant City Attorney DATE: July 26, 2017 RE: Request for Private Attorney -Client Session 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. DENNIS GALINDEZ and MARLA GALINDEZ, his wife, Plaintiffs vs. CITY OF BOYNTON BEACH and FIRST GENESIS LAWN SERVICE, INC., Defendants — Case No. 50 2015 CA 002413 Division AD I will be in attendance along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 45 minutes. The time and date of the private attorney-client session will be set at the August 1, 2017 City Commission meeting. JAC11ms C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\44F843BF-CEC6-41C2-AO1D-3E3A30AB03CE\Boynton Beach.6130.1.Request_For_Ex_Session_-_080117_(Ga I indez). Doc Page 442 of 452 14.A. FUTURE AGENDA ITEMS 8/1/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: Discussion relating to the future of the Building Board of Adjustment and Appeals - TBD EXPLANATION OF REQUEST. Commissioner Romelus has requested discussion on the future need for the Building Board of Adjustments and Appeals. The Board has not met since November 2014. There are currently only four members on the Board.and an alternate. Ms. Roberta Mann indicated by phone she would prefer not to continue on the Board. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/13/2017 - 5:02 PM Finance Howard, Tim Approved 7/13/2017 - 5:03 PM City Manager LaVerriere, Lori Approved 7/14/2017 - 9:34 AM Page 443 of 452 14. B. FUTURE AGENDA ITEMS 8/1/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards- TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 7/13/2017 - 5:00 PM Howard, Tim Approved 7/13/2017 - 5:01 PM LaVerriere, Lori Approved 7/14/2017 - 10:06 AM Page 444 of 452 14.C. FUTURE AGENDA ITEMS 8/l/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: Update on progress of Town Square - Phase I - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 7/13/2017 - 4:58 PM Howard, Tim Approved 7/13/2017 - 5:02 PM LaVerriere, Lori Approved 7/14/2017 - 10:06 AM Page 445 of 452 14.D. FUTURE AGENDA ITEMS 8/1/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: Monthly Departmental Presentations: Public Works - August, 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/25/2017 - 11:11 AM Page 446 of 452 14. E. FUTURE AGENDA ITEMS 8/1/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: Staff to bring information concerning disposing of City -owned land - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Ho rd, Tim Approved 7/26/2017 - 12:13 PM Ho rd, Tim Approved 7/26/2017 - 12:14 PM LaVerriere, Lori Approved 7/28/2017 - 8:56 AM Page 447 of 452 14. F. FUTURE AGENDA ITEMS 8/1/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: Staff to review and report concerning Florida Te)dile Recycling, LLC. FTR, LLC which provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment FTR, LLC Brochure REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 7/26/2017 - 12:17 PM Finance Howard, Tim Approved 7/26/2017 - 12:17 PM City Manager LaVerriere, Lori Approved 7/28/2017 - 9:09 AM Page 448 of 452 -o -o a) a) c t w w t c a- U) a� c U o m c r p O C V (L) -0 O +�-+ m -O Y (n �,- ca -a >` c a`> an c uo cn U ; n o °a p o d � m c E N c m c o� c 3 U > o c -M E> Q a o ._ +� a� a> o a o ca o a c cin cn �� a>i v <n is 'O c = ca m O c O }T•, t t — p Ca 2 3 ocn a� �n o —= . w c •� c p an in `d `—�' c +- .Q t a� on w on a> c ani o o c p o co U a> O_ c fa a+ c w <n C C •C ;E U -o +� (b cn 7 n 0O _ o °� a� c �' a) 0 � a) c cn U E � a� -0 t V c t++d `� 'c Y •y aJ T '> a) Y •O O (b U T C +� � m a� c a E c 3 `a L E c U m c > an N a' o E a� c p a '� �, E 'X c a L +� n v m O U c c c`ni m o +��+ EE c �' +� m o c 5 w c o > a� E +�' c on a' c U > `o ca 3 oz3 o u o c cn c t an ® an cn c mon 03 .� o bn a� .� 2 Ca a> c v c 0- o c E + m Eo f oE®cU E w CIS t c`a„ c E fc •}o�Q' t'+O U U N s A cncoia c •2 3 a' Ty O a aJ iO mo E+—c — 'r 'a w'c mt is -o E tC) c } E Qo '" a) otGU O� U coaacn wcno nQC Q ocw � �> COw a Ea) — )� 48 lw _ U flU> +m -i= o " + a+ cn O E O- O `c p U -atO +c� °2LL Q d a O O c OL �0 to p FT C a) O N 0 Q0 U) y -O c X c 2� � p U p 'O O E U Q N a) N N t i c b.01 � •N O O T :G c cn ami o E E m C to +�-+ O� -O U U m �' cn cn E c e L a) O_ p U O cn (b d 7 1 nr iO O pflc O oU U pc + o cTU> ca (°) + o i(>L)a>�i tUcaano m ctoto t c E�c=cn co -0 cc o � acz )) j(G , a� + — c LL o o `o o m 2 31 x o o U C5a v m U O E Fw— <'<.? 14.G. FUTURE AGENDA ITEMS 8/1/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: Town Square (LUAR 17-005) — Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. Applicant: City -initiated. -- 8-15-17 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Assistant City Manager City Manager Reviewer Action Date Pyle, Judith Approved 7/28/2017 - 9:18 AM Howard, Tim Approved 7/28/2017 - 9:25 AM LaVerriere, Lori Approved 7/28/2017 - 10:54 AM Page 451 of 452 14. H. FUTURE AGENDA ITEMS 8/1/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 8/1/2017 REQUESTED ACTION BY COMMISSION: Workforce Housing(CDRV 17-004) —Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11, Definitions, to modify definitions that regulate the Work -force Housing Program, and Chapter 1, Article V, Section 2, Work -force Housing Program, to convert mandatory inclusionary zoning program to a voluntary density and height bonus program. Applicant: City -initiated. -- 8-15-17 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Assistant City Manager City Manager Reviewer Action Date Pyle, Judith Approved 7/28/2017 - 9:25 AM Howard, Tim Approved 7/28/2017 - 9:26 AM LaVerriere, Lori Approved 7/28/2017 - 10:54 AM Page 452 of 452