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Agenda 12-05-17The City of Boynton Beach City Commission Agenda Tuesday, December 5, 2017, 6:30 PM City Hall Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting 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. 91 k1w,"71 L www. boynton-beach.org Page 1 of 710 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES AND PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes 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 2of710 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Roll Calls The Community Redevelopment Agency (CRA) Board will conduct a Special Meeting relating to the Town Square Project in conjunction with the City Commission meeting. I nvocation Pledge of Allegiance to the Flag led by Vice Mayor Justin Katz 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. Announcement by Andrew Mack, Director of Development that the City of Boynton Beach has achieved a Class 6 rating as part of the National Flood Insurance Program's (NFIP) Community Rating System (CRS). B. Announcement of Tire Amnesty Week by Jeff Livergood. C. Announce the upcoming Sara Sims Park Improvement and Implementation Schedule Meeting to be held on Wednesday, December 13th at 6:OOPM at the Carolyn Sims Center, 225 NW 12th Avenue. D. The 46th Annual Boynton Beach CRA and the City of Delray Beach Holiday Boat Parade will be on Friday, December 8, 2017 and will start at 6:30 p.m. E. City offices will be closed on Friday, December 22nd and Monday, December 25th in observance of the Christmas holiday. City offices will also be closed on Monday, January 1, 2018 in observance of New Year's Day. 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. Authorize Commissioner Romelus to travel to Orlando for Florida League of Cities Legislative Policy Committee Meeting and FLC Legislative Conference December 5-9, 2017. Page 3of710 B. PROPOSED RESOLUTION NO. R17-119 - Authorize the Mayor to sign an amendment to the Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA funding of the Town Square Redevelopment Project increasing the amount not to exceed $4,600,000. C. PROPOSED RESOLUTION NO. R17-120 - Amend the adopted FY 2017-2018 General Fund Budget from $83,241,077 to $89,752,645, an increase of $6,511,568. D. PROPOSED RESOLUTION NO. R17-121 - Authorizing the City Manager to sign Amendment #2 to the Town Square Redevelopment to continue the construction activities in the Old High School while the Phase I I contract is under development. E. 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: 4 Regs and 2 Alts Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Education and Youth Advisory Board: 3 Regs, 2 Alts, 2 Stu, 1 NVStu Employee Pension Board: 2 Regs Historic Resource Preservation Board: 1 Reg Library Bd: 2 Regs and 2 Alts Planning and Development Bd: 4 Regs and 2 Alts Recreation and Parks Bd: 2 Regs and 2 Alts Senior Advisory Bd: 2 Regs and 1 Alts 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. Approve the "Stor-All Luxury RV & Boat Storage" record plat, conditioned on the approval being the certification of the plat documents by Gary Dunmyer (City Engineer). B. PROPOSED RESOLUTION NO. R17-122 - Authorize the Mayor to sign an Easement Agreement with Florida Power & Light Company (FPL) to grant an easement for water and sewer utilities at FPL's Boynton Beach Service Center located at 9293 South Military Trail. C. Authorize utilizing the State of Florida Alternate Contract #43211500-W SCA -15 -ACS for the purchase of Dell workstations and LCD monitors from Dell Marketing LP of Round Rock, TX for various City departments for the amount of $63,983.94. The City is allowed to purchase from State of Florida Contracts. D. PROPOSED RESOLUTION NO. R17-123 - Authorize the Mayor to sign an Agreement with Palm Beach County for the monetary assessment for aquatic management services of the private Lake Shore Haven Canals and four private canals in Lake Eden Plat Four as part of Palm Beach County's MSTU program. E. PROPOSED RESOLUTION NO. R17-124- Authorize the City Manager to sign the Palm Beach County Interlocal Agreement to issue a declaration of local state of emergency and upon request of the County, the City shall staff each emergency shelter located within its municipal boundaries. F. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for December 5, 2017 - "Request for Extensions and/or Piggybacks." G. Approve the minutes from the Regular City Commission meeting held on November 21, 2017. Page 4of710 7. BIDS AND PURCHASES OVER $100,000 A. Approve award of the "Co -Operative Bid To Furnish, Deliver And Discharge Bulk Quicklime", Bid No.: 002-2821-18/IT, to Lhoist North America of Alabama, LLC as the lowest, responsive and responsible bidder meeting all specifications. The estimated annual expenditure is $350,000. This product will be ordered on an "As Needed" basis. 8. COMMUNITY STANDARDS and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve Aldi Grocery Land Use and Rezoning (LUAR 17-006) to support the intended 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant Bonnie Miskel, Dunay, Miskel & Backman, LLP. 1. PROPOSED ORDINANCE NO. 17-032 - SECOND READING - Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC). 2. PROPOSED ORDINANCE NO. 17-033 - SECOND READING - Rezone from C-1 (Office and Professional) to C-3 (Community Commercial). B. Approve Aldi Grocery Variance (ZNCV 17-001) for the relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III, Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet, for a proposed Aldi Grocery Store within the C-3 Community Commercial zoning district. Applicant: Bonnie Miskel, Duany, Miskel & Backman, LLP. C. Approve Aldi Grocery Community Design Appeals (CDPA 17-006) from 1) Chapter 4, Article 111, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article 111, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter 4, Article 111, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article 111, Section 7.J.1. "Off-street parking locational criteria". Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. D. Approve Aldi Grocery Major Site Plan Modification request (MSPM 17-005) to construct a one- story, 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. 10. CITY MANAGER'S REPORT -None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Discuss the possibility of allowing dogs at the beach during certain hours. B. Commissioner Romelus has requested a discussion as to if the Commission would like to consider becoming a Sanctuary City. C. Provide direction to staff regarding potential land sale or transfer of City owned land parcels, one adjacent to Palm Beach Leisureville and the other adjacent to Galaxy Elementary School D. PROPOSED RESOLUTION NO. R17-125 - Approve a resolution by the City in support of proposal 61 of the Constitution Revision Commission. 13. LEGAL Page 5of710 A. PROPOSED ORDINANCE NO. 17-034 - SECOND READING -PUBLIC HEARING - Adopt the Boynton Beach Administrative Amendments to the 6th Edition (2017) of the Florida Building Code. (Due to holiday publishing delay item to be heard on 12-19-2017) B. PROPOSED ORDINANCE NO. 17-035 - SECOND READING - PUBLIC HEARING - Approve the change in qualifying dates for candidates in upcoming municipal elections. (Due to holiday publishing delay item to be heard on 12-19-17) 14. FUTURE AGENDA ITEMS A. Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - December 19, 2017 B. Quarterly report on red light camera program (Oct 2017 -Dec 2017) - January 2018 C. Quarterly report on govt surtax fund (Oct 2017 -Dec 2017) - January 2018 D. The Commission has requested for a representative of ATS attend a commission meeting to discuss possible additional features/services - TBD E. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park F. Staff to review PBC Ordinance on Panhandlers - TBD G. Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways - TBD H. PROPOSED ORDINANCE NO. 17-021 - SECOND READING - Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/I nstitutional (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. City -initiated. (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) PROPOSED ORDINANCE NO. 17-022 - SECOND READING -Amending Ordinance 02- 013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) I. Approve Eden Ridge Rezoning (REZN 18-001) from R -1 -AA Single -Family Residential District to R -1-A Single -Family Residential District. Applicant: Aldo Kosuch of Eden Ridge, LLC. J. Approve Ocean Breeze East Rezoning (REZN 18-002) from MU -1_2 (Mixed Use—Low Intensity 2 District) to MU -2 (Mixed Use 2 District) to support the conveyance of CRA -owned land for a mixed-use development on 4.39 acres in the Heart of Boynton District. Applicant: City -initiated. K. Approve Soleil Early Learning Academy Conditional Use and Major Site Plan Modification (COUS 18-001 / MSPM 18-001) for the conversion of a one-story, 2,659 square foot counseling center office building to a day care facility and related site improvements, located at 201 SW 23rd Avenue / Golf Road in the C-1 (Office Professional) zoning district. Applicant Cristine Thibodeau. L. Approve High Ridge Country Club Major Site Plan Modification (MSPM 17-009) to construct a new one-story, 54,500 square foot clubhouse building, gatehouse, and related site improvements, located at 2400 Hypoluxo Road in the Recreation (REC) zoning district. Applicant: Donaldson Hearing, Cotleur & Hearing M. Approve Front Porch Setbacks (CDRV 17-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article 5. Supplemental Regulations, Section 3.A, to Page 6of710 increase the magnitude of encroachment of front porches into the building setbacks. N. Annual Performance review of City Manager - December 19, 2017 15. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESEIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED. (ES. 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TOAFFORD AN INDIVIDUAL W1THA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, ORACTWITY 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 1N 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 THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page7of710 1.A. OPENING ITEMS 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant Roll Calls The Community Redevelopment Agency (CRA) Board will conduct a Special Meeting relating to the Town Square Project in conjunction with the City Commission meeting. I nvocation Pledge of Allegiance to the Flag led by Vice Mayor Justin Katz 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 Grant Amount: Page 8of710 Page 9of710 2.A. OTHER 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 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: Page 10 of 710 3.A. REQUESTED ACTION BY COMMISSION: Announcement by Andrew Mack, Director of Development that the City of Boynton Beach has achieved a Class 6 rating as part of the National Flood Insurance Program's (NFIP) Community Rating System (CRS). EXPLANATION OF REQUEST: The Federal Emergency Management Agency (FEMA) has awarded the City of Boynton Beach a Class 6 rating through the National Flood Insurance Program's (NFIP) Community Rating System (CRS), an increase from the previous Class 7 rating. This improved score will allow city property owners to purchase flood insurance at a 20% discounted premium. The City is one of twenty five Palm Beach County communities that participate in the program, and one of only seven Palm Beach County communities to achieve the Class 6 rating or better. Class 6 = Boynton Beach, Cloud Lake, Wellington, and West Palm Beach Class 5 = Juno Beach, Jupiter, and Palm Beach County The City's Development Department administers the CRS program for the City and through various outreach and floodplain management activities the department garners points that lead to the particular class rating. Nationally, only about 5 percent of the 20,000 communities that participate in FEMA's NFIP choose to go above and beyond the minimum requirements and qualify for the CRS Program. The result is a community that is both safer and better prepared for future flooding events. Every year, flooding causes hundreds of millions of dollars' worth of damage to homes and businesses around the country. Standard homeowners and commercial property policies do not cover flood losses. To meet the need for this vital coverage, FEMA administers the National Flood Insurance Program which offers reasonably priced flood insurance in communities that comply with minimum standards for floodplain management. The NFIP's Community Rating System (CRS) recognizes community efforts beyond those minimum standards by reducing flood insurance premiums for the community's property owners. The CRS is similar to — but separate from — the private insurance industry's programs that grade communities on the effectiveness of their fire suppression and building code enforcement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 11 of 710 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description National Flood Insurance Program (NFIP) Community Rating System (CRS) Page 12 of 710 U.S. Department of Homeland Security 500 C Street, SW Washington, DC 20472 November 17, 2017 Ms. Lori La Verrierre City Manager of Boynton Beach Post Office Box 310 Boynton Beach, FL 33425 Dear Ms. La Verrierre: Congratulations! The Department of Homeland Security, Federal Emergency Management Agency (FEMA), has determined that the City of Boynton Beach will increase to a Class 6 in the National Flood Insurance Program (NFIP) Coininunity Rating System (CRS). The floodplain management activities implemented by your coininunity qualifies it for a 20 percent discount in the premium cost of flood insurance for NFIP policies issued or renewed in Special Flood Hazard Areas on or after October 1, 2017. This increase is based on a field verification of your five-year cycle CRS application. Please note Preferred Risk Policies, applicable in Zones B, C, and X, on your community's NFIP Flood Insurance Rate Map are not eligible for the CRS discount. Standard rated flood insurance policies in Zones B, C, X, D, AR, and A99 are limited to a CRS discount of ten percent in Class 1-6 communities and five percent in Class 7-9 communities. The rates for these zones already reflect significant premium reductions. If there are no NFIP noncompliance actions, the CRS rating for your coininunity will automatically be renewed annually and a notification letter will not be sent to your coininunity. This renewal will occur as long as your coininunity continues to implement the CRS activities you certify annually. If no additional modifications or new CRS activities are added, the next verification visit for your coininunity will be in accordance with its established five-year cycle. In the interim, FEMA will periodically send the NFIP/CRS Update Newsletter and other notices to your CRS Coordinator to keep your coininunity informed. I commend you on your coininunity actions and your deternination to lead your coininunity to be more disaster resistant. This coimnitment enhances public safety, property protection, and protects the natural functions of floodplain, and reduces flood insurance premiums. If you have any questions or need additional information, please contact the FEMA Region IV Office, CRS Coordinator, Janice Mitchell, by telephone at (770) 220-5441. Sincerely, w ff " William H. Lesser, CRS Coordinator Federal Insurance and Mitigation Administration Enclosure cc: Shane Kittendorf, CRS Coordinator Page 13 of 710 3.B. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: Announcement of Tire Amnesty Week by Jeff Livergood. EXPLANATION OF REQUEST: The Boynton Beach Public Works Department announces Tire Amnesty Week from December 4th to December 8th. Residents may dispose up to 8 passenger tires during regular pickup. Tires should be placed separate from other trash. Residents can be assured that collection will occur by the end of the week. To ensure collection residents can call 742-6200. The ne)d Tire Amnesty Week will be June 4th to June 8th, 2018. 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 14 of 710 3.C. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: Announce the upcoming Sara Sims Park Improvement and Implementation Schedule Meeting to be held on Wednesday, December 13th at 6:OOPM at the Carolyn Sims Center, 225 NW 12th Avenue. EXPLANATION OF REQUEST: There will be a public meeting to discuss the improvement and implementation schedule for the Sara Sims Park Project. The meeting will take place on Wednesday, December 13 at the Carolyn Sims Center, 225 NW 12th Avenue, starting at 6:00 p.m. Flyers for the Meeting 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: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Iyer for Sara Sims Improvement and Implementation Schedule Meeting Page 15 of 710 ML 16iffP El 1 ,IM, VAKI 2ROVEMENT & 'NTATIAN SC41Ee WEDNESDAY, DEC. 13 6:00 CAROLYN SIMS CENTER 225 NW 12TH AVE, BOYNTON •' MORE INFORMATION,1 - Partially Funded Through Your Palm Beach County Sales Tax Dollars R 3.D. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: The 46th Annual Boynton Beach CRA and the City of Delray Beach Holiday Boat Parade will be on Friday, December 8, 2017 and will start at 6:30 p.m. 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 D Attachment D Attachment Description 2017 Boat Parade Flyer pg 1 2017 Boat Parade Page 17 of 710 a a•i- n r •ten ••�— �, � k.. Lei. `� 3.E. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: City offices will be closed on Friday, December 22nd and Monday, December 25th in observance of the Christmas holiday. City offices will also be closed on Monday, January 1, 2018 in observance of New Year's Day. EXPLANATION OF REQUEST: In observance of the Christmas and New Year's holidays, City offices will be closed on Christmas Eve, Christmas Day and New Year's Day. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: There is no alternative to these days off since they are scheduled holidays for the employees. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 20 of 710 5.A. ADMINISTRATIVE 12/5/2017 REQUESTED ACTION BY COMMISSION: Authorize Commissioner Romelus to travel to Orlando for Florida League of Cities Legislative Policy Committee Meeting and FLC Legislative Conference December 5-9, 2017. EXPLANATION OF REQUEST: Commissioner Romelus has been appointed as a member of the Legislative Policy Committee of the Florida League of Cities. The Committee meeting and FLC Legislative conference scheduled at the Embassy Suites Orlando Lake Buena Vista South, December 6-9, 2017. Costs associated with these meetings would be hotel, travel, meal allowances for approximately $875. In accordance with Resolution R07-150, establishing the travel policy for the City Commission, the City Commission by a majority of its members shall approve travel for each member of the City Commission. (Resolution attached) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted Hotel/Travel costs estimated at $875. Funds were included in the approved FY17/18 budgets for commission travel under account 001-1110-511- 40-12 ($22,800). ALTERNATIVES: Do not authorize travel for the Commissioner. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 21 of 710 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment Description FLC Leg Meeting ® Conf Info City Commission Travel Policy Page 22 of 710 th ANNUAL LEGISLATIVE CONFERENCE 710 We are planning a variety of informative workshops to help you prepare for the 2018 Legislative Session. The specc workshop schedule will be posted to our website as soon as it is available, so check for updates! 8:30 a.m. - 1:00 p.m. Research Symposium - Ready & Resilient: Combating Water Hazards in an Era of Extreme Weather Hosted by the League's Center for Municipal Research & Innovation VIM to check the box on the enclosed regis- tration fo rm if you would like to attend Please note that anyone who signs up 1:30 p.m. - 3:30 p.m. Flsrhfa Lzasxeaf May= Rivm�ta!dZ. Mayors Only - separate registration Information will be available soo.r. 145 p.m. - 5:00 p.m. American Political Culture: Mission Impossible? 3:45 p.m. - 5:00 p.m. r I *, r il- a L z az �-- yers 11,*,arl! aslf Directors Meeting LocaVRegional League Officers Meeting For locallregional league presidents, vice presidents and executive directors H 9:00 a.m. Coffee Service Registration Desk Op 8:00 a.m. - 9:00 a.m. Federal Action Strike Team (FAST) Meetin g 9:00 a.m. - 10:15 a.m. Let Cities Work Advocacy Strate Workshop I 10:30 a.m. a.m. Workshop - Update on Telecommunications Issues Opening Luncheon 1:15 p.m.p.m. Workshop - Preparing for the 2:30 p.m. LessW-Ws-:6-,.-Tr6&%W_ Hurricane Irma 4:00 p.m. - 5:00 p.m. Workshop - Lobbying 101: Learn from with Legislators Page 24 of 710 4:45 p.m. - 6:00 pm. Directors Meeting kJ111,11% , �4'_ Ti-aw, 6,te lo BOB MU Ri D, F 7:30 a m. 9:00 a.m. 7:30 a.m. Workshop — Update on the Constitution Revision CommissioT� General Session 10:30 a.m. - 11:45 a.m. Legislative Policy Committee Meetings Finance, Taxation and Personnel Land Use and Economic Development Municipal Administration Transportation and Intergovernmental Relations Utilities, Natural Resources and Public Works 12:00 p.m. - 4:00 p.m. Continuing Education in Ethics: Have You Completed Your Hours? Florida's municipal elected officers are required to take four specific hours of continuing education in ethics per year. I you hav en't completed your hours yet, this is your opportunity! The four hours include two hours on the Florida Ethics Law (Chapterone hour of public meetings (Chapter 286, F.S.) and one hour of public records (Chap- ter 119, F.S.). If your hours are complet- ed, this is a good refresher class. NOTE., You must be registered for the full conference to attend this session Page 25 of 710 If you register online there are two payment options. You can send your registration fees by check to the Florida League of Cities. (Note: You are not reg- istered until we receive your payment and you will not receive your housing information until your registration is paid.) Or, you can simply pay online with your Visa or MasterCard. Registrations submitted and paid online via credit card you will receive your conference confir- mation immediately via email! Confer- ence confirmations include , cfr-)_ tion information, totals and registration number for your reference. Please check your confirmation carefully to verify that all information is correct. Please inform the League immediately of any error's. Please note that payments via credit card may only be made online. Questions? Contact Melanie G. Howe, CAE, CMR Meetings Manager, with any questions at mhowe@flcities.com or via phone at (850) 222-9684. In order to protect our room block for conference registrants, it is our policy that no one will receive housing information until we have received your PAID registration. Once your registration is paid, you will be sent housing information via email. Note: If you register online but choose to mail in your check, you will not receive your housing information until your registration is paid. Remember that we are unable to guarantee reservations for anyone, nor the exact date on which the hotel will sell out, so please reMister early! 77 7 7 '7777 Page 27 of 710 71FT1713 321��M 2017 LEGISLATIVE CONFERENCE REGISTRATION FORM Box 1757, Tallahassee, FL 32302-1757; or visit the League website, www.ficities.com, to access online registration. Please type or print information requested. Fill out a separate form for each registrant. middle Jast (as you wish it to appear on badge�) 1-Itle-_ Affiliation - (city, county or compaf�y) cjtate. Zip -_- N= Office ContaCt Pars on,- W�m- MT101115 I ON - - NO- 0- I E: Do will be attending the event. 111�:' 01 1 WEq IqlPmEry"T" Research Symposium 01 M 'rp M"71177191191717" November 20. After that date, please ti n Form for each delegate. Duplicate this form as needed. Full payment must 2ccompany each registration. Cancellations must be received and con- firmed in writing by 5:00 p.m., Monday, November 20 to receive a refund of registration fees. Refunds will not be is- jsuUedjuUnUtLi1LaftUearLtjh�e �confe�r �!�i 7. r T. r r M r -T. I =., - 11117- IT, ". Special Needs: If you are physically chal- lenged and require special services, or if you have special dietary needs, please register on-site. Page 28 of 710 From: Embassy Suites by Hilton Confirmed <embassysultesbyhilton@res.hilton.com> Sent. Monday, November 1, 2017 8:43 AM To: Woods, Sylvia Subject: Your 05 Dec 2017 Confirmation #85580791 rw A A 9 J TIF16 Christina Romelus, see you on Dec 05, 2017 FORYOUR Convenience I EXPLORE Neighborhwd a Page 29 of 710 CHRISTINA ROMELUS ENJOY A SPECIAL ROOM $7 UPGRADE FOR ONLY a? " Yffilg Rate per n|ght: 143.00 USD Total for Stay per Room Rate; 572.00 USD Taxes: 77.22 USD Total-, 649.22 USD Enjoy complimentary drinks & $nacks nightly. 2 Page 30 of 710 Woods, Sylvia From: EVENT PLANNING (TL) < EVENTPLANNING-TAL@flcities.com> Sent: Thursday, November 09, 2017 5:03 PM To: Romelus, Christina Cc: Melanie Howe Subiect: FLC 2017 Legislative Conference Registration Confirmation for Christina Romelus (33764) FLC 2017 Legislative Conference Embassy Suites Orlando - Lake Buena Vista South 4955 Kyngs Heath Rd. issiee, FL 34746 Dear Christina Romelus, Kmm 1 1-4,31 n I 90011111ri.0JE1 a 1 0 . - 0 0 # a - - . I LIAIJ& M IT-JUM aMaTf H rx-T. Contact Informati ;J1, �g &ORRMIMEM M�� � Melanie G. Howe, CAE, CMP Meetings Manager (850) 222-9684 mhowe(a-)flcities.com HOUSING INFORMATION: To make your hotel reservations at the Embassy Suites Orlando - Lake Buena Vista South, please click here. You may also contact the Embassy Suites directly at (407) 597-4000 and use the group code LOC. The group rate is $1431night and all reservations include a complimentary cooked -to -order breakfast and complimentary reception. Discounted self -parking is available at the rate of $81night. Please note that the reservation cut- off date is November 13, 2017, but the hotel could sell out before that time. If the hotel is sold out, please contact Melanie Howe for a list of alternative suggestions. 7 Registration Date 11/09/2017 vim, 'Name Christina Romelus Nickname Christina Title Commissioner Affiliation City of Boynton each E-mail jmLeluscoa bbil-us Any special dietary needs (ix, vegetariart, Kosher, none, etc.)? Registration Fee (1) $225.00 Total $225.00 Payments $225.00 Page 31 of 710 Balance Page 32 of 710 ELqn.9m! fWySA.WtaedA CArt.. FLORIDA LEAGUE OF CITIES, INC. Events My Account Thank you for your payment. This web page is your receipt - please print a copy for your records. Need help phating) Try the control -P key command., press and of the control key (usually located on the bottom /off ofthe keyboard), and then press the letterp. Paying by check? C lgdc hereJoLm—m information. Order Confirmation Florida League of Cities Order Number 59476 Order Date 111912017 Bill To Sylvia Woods Payment Method Visa **'*—*"***7727 Name on Card Christina Romelus ilem Quantfty Price Total FLC 2017 Laghstative Conference - Christina Romelus 1 225.00 225.00 When: 12(7/2,017 - 1202oW VOere: Embassy Suites Orlando - Lake Buena Vista Scruth 4955 Kyngs Heath Rd. Kissirnmee, FL 34746 USA Registration Option: Registfelion Fee 1121'712017 7:30 AM Item Total 225.00 Transaction 225.00 Grand Total A confirmation is being sent to: woodss(Mblefl. us Send another copy jo: Eyents 0 2014 Florida League Gilles I ELC Home Page 33 of 710 https://members.fleities.com/FLC/Store/StoreLayouts/Order Confirmation. aspx 11/9/2017 Order Confinnation Page 2 of 2 Page 34 of 710 httnq-//`ni-.mhi-.rq C.nnfirmqtinnqqnx 11/9/2017 Woo s, S, Ivia From* Mary nfield <medenfield@flcities.com> Sent: Thursday, November 09, 2017 5:03 PM ® Woods, Sylvia Subject: Thank you for registering for FLC Legislative Policy Committee Meetings - December 8, 2017 FLC Legislative Policy Committee Meetings - December 8, 2017 MUM- 11!11 register you for the Legislative Conference. To reqister for the Legislative Conference, visit th-..; League's website at www.floridaleagueofcities.com. r 1� e n -f 9 W 157 U"= TY 3 Ydw'Z- OUZA �955 Kyngs Heath Road Kissimmee, FIL 34746 You have successfully registered for the December 8 legislative policy committee meeting being held in conjunction with the 56th Annual Legislative Conference. The meeting begins at 10:00 am and will conclude by 12:00 pm. Lunch will not be provided. We encourage you to attend the full conference and take advantage of the amazing line up of speakers, workshops and networking opportunities we have lined up all day Thursday. To register for the Legislative Conference, visit the League website at www.floridaleagueofcities.com. If any of the information displayed below is - incorrect or you have questions, please contact Mary Edenfield, FLC Legislative Coordinator, at 850-701-3624 or medenfield(Mficities.com. First Name: Last Name: Email Address: Cell Phone: Job Title: City: Policy Commiftee you serve on. Contact Mary Edenfield Christina Romelus Commissioner Page 35 of 710 medenflgUQflgjtie . Y } � Page 36 of 710 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R 07 - 150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A TRAVEL POLICY; RESCINDING ALL PREVIOUS RESOLUTIONS AND POLICIES GOVERNING TRAVEL BY THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach desires to establish a travel policy to provide for an administrative process by which each member of the Commission would obtain concurrence of a majority of the members of the City Commission for approval of travel expenditures; and WHEREAS, passage of this Resolution will rescind all previous Resolutions and policies governing travel by the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City Commission of the City of Boynton Beach does hereby establish a Travel Policy, a copy of which is attached hereto as Exhibit "A". Section 3. That any and all previous Resolutions and/or Policies governing travel are rescinded. Section 4. That this Resolution will become effective immediately upon passage. SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 37 of 710 RI 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 PASSED AND ADOPTED this 18 day of December, 2007. ATTEST: M. Prainito, CMC Clerk SACA\RESO\Commission Travel Policy.doc 12/3/07 CITY OF BOYNTON BEACH, FLORIDA or — Je aylo '22— t// — Vice M r — J odii ez Commissioner — Ronald Wei an Commissioner — Woodrow—E.- Commissioner oo .Commissioner — Marlene Ross Page 38 of 710 City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1. Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City Commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Hall. • Mileage reimbursement rate is $.485 per mile per IRS and City. • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. • Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Page 39 of 710 City of Boynton Beach City Commission Gt�IVFE�t���E=�&° �'�tA1����F�ECt' ��►T Date of Request: City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: W: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ ---------------- ---------------- TOTAL Approved by Finance Director: Date Approved by City Manager: "Cl LV NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. Page 40 of 710 5.B. ADMINISTRATIVE 12/5/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-119 - Authorize the Mayor to sign an amendment to the Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA funding of the Town Square Redevelopment Project increasing the amount not to exceed $4,600,000. EXPLANATION OF REQUEST: On June 12, 2017, the City Commission approve R17-057, an Interlocal agreement between the City and CRA for funding assistance of the Town Square Redevelopment Project. The City has entered into a services agreement with E21- Real Estate Solutions, LLC for this project. City and CRA staff has reviewed the elements of the project and concluded that certain costs of the project can be funded by the CRA under the scope of the CRA's Ocean District Plan and the CRA's 2016 Redevelopment Plan. The amendment will increase the funding available from the CRA to continue the adaptive reuse project of the high school and the Town Square project. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The amendment to the ILA will allow the CRA to fund costs associated with the project that the City is expecting to move forward. FISCAL IMPACT: CRA will provide up to $4,600,000 towards the Town Square Project as outlined in the ILA. ALTERNATIVES: Do not approve ILA. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 41 of 710 Grant Amount: ATTACHMENTS: Type D Resolution D Amendment D Attachment Description Resolution appro\Ang amendment to CRA Funding Agreement Amendment to ILA Page 42 of 710 I RESOLUTION NO. R17- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN AMENDMENT TO THE INTERLOCAL AGREEMENT 5 BETWEEN THE CITY OF BOYNTON BEACH AND THE 6 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 7 FOR THE CRA FUNDING OF PORTION OF THE TOWN SQUARE 8 DEVELOPMENT PROJECT INCREASING THE AMOUNT NOT 9 TO EXCEED $4,600,000; AND PROVIDING AN EFFECTIVE DATE. 10 WHEREAS; on June 12, 2017, the City Commission approved R17-057, an Interlocal 11 Agreement between The City of Boynton Beach ("City") and the Boynton Beach Community 12 Redevelopment Agency ("CRA") for funding assistance of the "Town Square Project" 13 ("Project"); and 14 WHEREAS, the City and CRA staff has reviewed the elements of the project and 15 determined that certain costs of the Project can be funded by the CRA under the scope of the 16 CRA's Ocean District Plan and the CRA's 2016 Redevelopment Plan; and 17 WHEREAS, the amendment will increase the funding available from the CRA to 18 continue the adaptive reuse project of the high school and the Town Square project. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. Each Whereas clause set forth above is true and correct and incorporated 22 herein by this reference. 23 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 24 approve and authorize the Mayor to sign an Amendment to the Interlocal Agreement between 25 the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\234F9329-88AB-43C5-B244-4FA18190C9A0\Boynton Beach. 8002. 1. Amendment_ To ILA_ With CRA For Town_Square_-_Reso.Docx Page 43 of 710 26 CRA funding of portions of the Town Square Project increasing the amount not to exceed 27 $4,600,000, a copy of said Interlocal Agreement is attached hereto as Exhibit "A". 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA 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 (City Seal) VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\234F9329-88AB-43C5-B244-4FA18190C9A0\Boynton Beach. 8002. 1. Amendment_ To ILA_ With CRA For Town_Square_-_Reso.Docx Page 44 of 710 FIRST ADDENDUM TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE TOWN SQUARE PROJECT. This FIRST ADDENDUM TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE TOWN SQUARE PROJECT ("First Addendum") is entered into by and between the City of Boynton Beach (City) and the Boynton Beach Community Redevelopment Agency (CRA) (collectively referred to as the "Parties"). WHEREAS, the Parties entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE TOWN SQUARE PROJECT (Agreement) on June 13, 2017; and WHEREAS, the Parties wish to make certain additions to the Agreement; NOW THEREFORE, in consideration of the promises contained herein and in the Agreement, the sufficiency of which both Parties hereby acknowledge: 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 2) Addition. The Agreement is now amended to include the following: Additional Obligations of the CRA. The CRA shall provide additional funding to the City in the maximum amount of Two Million Five Hundred Thousand and 00/100 dollars ($ 2,500,000) consistent with the approved CRA Fiscal Year Budget 2017- 2018 and adopted by Resolution R17-02 to be used for reimbursement of certain costs not prohibited by § 163.370(3), Florida Statutes after receipt of a request meeting the requirements of this paragraph. Upon receipt of a complete, written request from the City, the CRA shall make payments to the City on a quarterly basis for the reimbursement of direct expenses for the Town Square Project related activities consistent with the Plan. In order to be deemed complete, the written request from the City for payment must include copies of supporting documents, including but not limited to, applicable contracts, receipts and invoices indicating the amount and the purpose for the payment for which the City is seeking reimbursement. The CRA shall remit payment to the City within thirty (30) days of receipt of a complete request from the City. 00906693-1 Page 45 of 710 3) General. Except as expressly set forth in this First Addendum, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by the CRA and the City. This First Addendum may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this First Addendum, this First Addendum shall control. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Office of the CRA Attorney Approved as to Form: Office of the CITY Attorney 00906693-1 By: Steven B. Grant, CRA Chairman CITY OF BOYNTON BEACH By: Steven B. Grant, Mayor Page 46 of 710 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R17-057 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE CRA FUNDING OF PORTION OF THE TOWN SQUARE DEVELOPMENT PROJECT IN AMOUNT NOT TO EXCEED $2,100,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; The City of Boynton Beach ("City") and the Boynton Beach Community Redevelopment Agency ("CRA") have for several years jointly pursued redevelopment of property within the CRA redevelopment area bounded on the north by Boynton Beach Boulevard, on the south by SE 2°a Avenue, the west by Seacrest Boulevard and the east by SE 1St Street. The area is commonly known as the "Town Square Project" ("Project"). and WHEREAS, the CRA has determined that certain costs of the Project can be funded, by the CRA under the scope of the CRA's' Ocean District Plan and the CRA's 2016 Redevelopment Plan; and WHEREAS, the City has entered into a Development Agreement for the Project that includes improves which can and need be funded by the CRA; and WHEREAS, the attached Interlocal Agreement contains the details of the CRA funding commitments associated with the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: [Type text] Page 47 of 71( 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for CRA funding of portions of the Town Square Project, a copy of said Interlocal Agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 1,,2-1-* day of JR JVZ-- , 2017. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judie A. Pyle, CMC Ci,� Clerk (Corporate Seal) [Type text] Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO If A� Page 48 of 71( INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE TOWN SQUARE PROJECT THIS AGREEMENT is made this V1 day of , 2017 by ,and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or "Parties") WITNESSETH: WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Cultural District and the Boynton Beach Boulevard District as those Districts are described in the Plan; and WHEREAS, the City and the CRA desire to provide funding for a project known as the Town Square Redevelopment Project ("Project"), which falls within the CRA boundaries, and more specifically, in the Cultural District and the Boynton Beach Boulevard District; and WHEREAS, the City has contracted with E2L, LLC for the Project under the "Town Square Project -Phase I Services Agreement;" and WHEREAS, the Project furthers the CRA's Community Redevelopment Plan ("Plan") because the Project will help prevent and eliminate slum and blight within the Redevelopment Area, and will provide the opportunity to redevelop the area within the Project ("Project Area") in accordance with the Plan; and WHEREAS, the CRA is limited by § 163.370(3), Florida Statutes from making certain expenditures; and 9 � : � Ind L I Inr 00824643-1 i! b-333igP01MA X13AI!j -4b Alto Page 49 of 710 WHEREAS, the CRA desires to reimburse the City for certain expenses related to the Project that are not prohibited by the Florida Statutes; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds to implement a portion of the Project is consistent with the Community Redevelopment Plan and Florida Statutes; and WHEREAS, the CRA and the City find that this funding agreement serves a municipal and public purpose, furthers the Plan, and is in the best interest of the health, safety, and welfare of the residents and business owners within the Community Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties hereby agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated. herein. 2. Obligations of the CRA. The CRA shall provide funding to the City in the maximum amount of $2,100,000 to be used for reimbursement of certain costs not prohibited by § 163.370(3), Florida Statutes after receipt of a request meeting the requirements of this paragraph. Upon receipt of a complete, written request from the City, the CRA shall make payments to the City on a quarterly basis for the reimbursement of direct expenses related to the Project related activities consistent with the Plan: In order to be deemed complete, the written request from the City for payment must include copies of receipts and invoices indicating the amount and the purpose for the payment for which the City is seeking reimbursement. The CRA shall remit payment to the City within thirty (30) days of receipt of a complete request from the City. 3. Obligations of the City. 00824643-1 Page 50 of 710 a. The City shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The City shall ensure that the Project is designed and constructed in compliance with the Plan. c. On a quarterly basis, at the same time it submits any request for reimbursement, the City shall provide a written report to the CRA documenting the status of the Project and the compliance of the Project with the Plan. d. The City shall be responsible for overseeing the Project and contracting with EM, LLC and other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. e. Upon request from the CRA or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the City shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with § 163.370(3), Florida Statutes. 4. The Parties agree that the CRA shall be responsible only for providing reimbursement for certain expenses for the Project, as more specifically identified in Exhibit A, and shall not otherwise be responsible for effectuating the Project. 5. The City shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its 00824643-1 Page 51 of 710 employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the City to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 6. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and shall terminate on September 30, 2018 ("Termination Date"). The CRA shall not be required to reimburse the City for any requests submitted after the Termination Date. The term of the Agreement may be extended one time for a period of one year and may only be extended upon approval by the CRA Board and upon the appropriation of CRA" funds for intended purposes of this Agreement in the subsequent fiscal year's budget. Such extension is only effective upon the execution of,a written amendment signed by both Parties. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 7, Records. The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. 00824643-1 Page 52 of 710 Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 8. Filing. The City shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 9. Default. If either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party, and may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents of the City and Redevelopment Area. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 10. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 11. Compliance with Laws. The City and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 00824643-1 Page 53 of 710 12. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 13. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be achieved. To that end, this Agreement is declared severable.. 14. Governing Law and Venue. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 15. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 00824643-1 Page 54 of 710 16. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 CRA: Michael Simon, Interim Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 17. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 00824643-1 Page 55 of 710 18. Interpretation. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. IN WITNESS WHEREOF, the City and the CRA hereto have executed this Agreement as of the date set forth above. ATTEST: aA��W54 #th Pyle, City Cle Approved as to Form: Office of the City Attorney i'. Approved a to1orm: � C ce of the CRA Attorney 00824643-I CITY OF BOYNTON BEACH, a Florida municipal corpor k? By Steven B. Grant, Mayor (SEAL) BOYNTON BEACH COMMUNITY REDEVELOPMENT A NCY By: Steven B. Grant, Chair Page 56 of 710 5.C. ADMINISTRATIVE 12/5/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-120 -Amend the adopted FY 2017-2018 General Fund Budget from $83,241,077 to $89,752,645, an increase of $6,511,568. EXPLANATION OF REQUEST: The General Fund FY 2017-18 Budget was adopted in September of 2017, via resolution R17-088. The FY17/18 Amended Budget for the General Fund (Fund 001) has to be adjusted to budget funds available under the ILA with the CRA for the Town Square Project and to appropriate funds for the for the Town Square Redevelopment Phase I Services Agreement and associated amendments with E2L Real Estate Solutions, LLC.. The budget amendment to amend the General Fund requires City Commission approval. The General Fund (001) will be amended from $83,241,077 to $89,752,645 to bring forward unused funding from FY 16/17 of $1,746,145 from the ILA with the CRA and to budget additional $2,500,000 of funding as a result of the amendment to the ILA with the CRA. Also to re budget the fund balance appropriation of $2,265,423 for Town Square Redevelopment Phase I Services Agreement that was approved in FY16/17. The total increase in the General fund is $6,511,568. The fund balance in the General Fund is approximately: $16,005,000 ( 8,324,108) Emergency Reserve ( 118.100)) Appropriated in FY17/18 Adopted Budget * $ 7,562,792 Unassigned Fund Balance HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City would continue to follow good and appropriate budgeting practices. FISCAL IMPACT: See Exhibit A for a summary of the fiscal impact. ALTERNATIVES: Do not approve budget amendment. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 57 of 710 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Exhibit Description Reso Budget Amendment Exhibit A Page 58 of 710 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 RESOLUTION R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR VARIOUS FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30,2018; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a final budget was approved by the City Commission on September 19, 2017, for the fiscal year 2017-2018; and WHEREAS, the City Manager is recommending amend the amount necessary to be appropriated for fiscal year 2017-2018 for various funds (see Exhibit A). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the Boynton Beach, Florida, hereby amending the appropriated FY 2017-2018 budget for the General Fund from $83,241,077 to $89,752,645. A copy of such amendment and/or adjustment is attached hereto as Exhibit "A" and the appropriations set out therein for the fiscal year beginning October 1, 2017 and ending September 30, 2018, to maintain and carry on the government of the City of Boynton Beach. Section 3. That there is hereby appropriated revised amounts to various funds (see Exhibit A) pursuant to the terms of the budget. Section 4. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional Page 59 of 710 29 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 30 remaining portions of this Resolution. 31 Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby 32 repealed to the extent of such conflict. 33 Section 6. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 5h day of December, 2017. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ATTEST: 52 53 54 55 Judith A. Pyle, CMC 56 City Clerk 57 58 59 60 (Corporate Seal) Mayor — Steven Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina Romelus Commissioner — Joe Casello VOTE YES NO Page 60 of 710 CITY OF BOYNTON BEACH EXPENDITURE & REVENUE AMENDMENTS BUDGET YEAR 2017-18 2017/18 CURRENT GENERAL FUND DEPARTMENTS BUDGET 001-0000-369-22-00 CRA Reimbursement 275,000 001-0000-389-91-00 Fund Balance Appropriated 118,100 Adopted Fund Total Revenues 001-1211-512-34-55 Other Cont Svc/Town Sq Agreement Adopted Fund Total Expenditures Exhibit A 2017/18 Amendment AMENDED Revenue Expenditures BUDGET 4,246,145 4,521,145 2,265,423 2,383,523 83,241,077 6,511,568 89,752,645 0 6,511,568 6,511,568 83,241,077 6,511,568 89,752,645 S:\Procurement Srvs\WP\Julie's Folder\FY 2017 Bids, RFPs, RFQs\Town Square\Phase I Contract\Agenda 12-5-17\FY2017-18 Budget Amendment 120517 Page 61 of 71 ©of 1 5.D. ADMINISTRATIVE 12/5/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-121 -Authorizing the City Manager to sign Amendment #2 to the Town Square Redevelopment to continue the construction activities in the Old High School while the Phase I I contract is under development. EXPLANATION OF REQUEST: The City decided to move forward with Boynton Beach Town Square project in June 2017 with the approval of a Phase I contract to E2L Real Estate Solutions to develop preliminary plans and a guaranteed maximum price for the project. The contract included $1,500,000 to start construction on the old high school building to re -purpose the building as a Cultural Center to house City programming. The funds were intended to allow construction until the City made a decision to move forward on the entire project and included design work, abatement of environmental hazards, demolition of all non -usable material, striping the exterior building paint and securing the structural integrity of the building. This work will be completed by the end of November but the building will not be protected from the weather. Due to scope changes on the remaining project and a delay in bringing a Phase I I contract to the Commission for review, the building construction funded in the original contract will end and the contractor must demobilize from the site. In order to continue the construction on this building, an additional $1,500,000 is needed to finish the exterior of the building including structural framing, gym roof, flat roof, exterior seal & paint and windows. This work will completely dry -in the building and make it ready for completing the interior for full use by the City. The current CRA budget included funds for FY 2017-2018 in anticipation of funding needs at the beginning of the project and can be used for this work. The funds have been included in an ILA but the Phase I contract must be amended to include this work. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The authorization of this amendment will allow the contractor to continue work on the building to complete the dry -in of the building without further degradation of the structure. FISCAL IMPACT: Budgeted Funding was included in the CRA budget for this project. ALTERNATIVES: The contractor can demobilize and then remobilize if the Phase I I contract is approved but the building will continue to have water damage due to weather events during the delay. The mobilization cost will be approximately $50,000. STRATEGIC PLAN: Redevelop Downtown STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Page 62 of 710 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Amendment D Change Order Description Resolution appro\Ang Amendment #2 to the Town Square Phase I Contract Second Amendment to Town Square Phase 1 Agreement Change Order #1 Page 63 of 710 1 RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZE THE MAYOR TO SIGN A 5 SECOND AMENDMENT TO THE TOWN SQUARE 6 REDEVELOPMENT PHASE I SERVICES AGREEMENT 7 WITH E2L REAL ESTATE SOLUTIONS, LLC OF 8 WINTER PARK; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 WHEREAS, on June 29, 2017, the City and Company entered into the Town Square 12 Redevelopment Phase 1 Services Agreement ("Agreement") whereby Company was engaged to 13 provide certain Phase 1 Services as defined in the Agreement with respect to the City's Town 14 Square Development (the "Development"); and 15 WHEREAS, construction has begun on the old high school building to re -purpose the 16 building as a Cultural Center to house City programming; and 17 WHEREAS, due to scope changes on the remaining project the building construction 18 funded in the original contract will end and the contraction must demobilize from the site 19 therefore in order to continue the construction on this building, an additional $1,500,000 is 20 needed to finish the exterior of the building including structural framing, gym roof, flat roof, 21 exterior seal and paint and windows; and 22 WHEREAS, this work will completely dry -in the building and make it ready for 23 completing the interior for full use by the City. 24 WHEREAS, upon recommendation of staff, the City Commission has determined that 25 it is in the best interests of the residents of the City to authorize the Mayor to sign a Second 26 Amendment to the Town Square Redevelopment Phase I Services Agreement with E2L Real 27 Estate Solutions, LLC. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CAProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\CD614731-2A42-4ED4-SEBA-CB2D7B560719\Boynton Beach.7990.1.Town_Square_Second_Amendment_=Reso.Doc Page 64 of 710 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2: The City Commission of the City of Boynton Beach, Florida does 34 hereby authorize the Mayor to sign a Second Amendment to the Town Square Redevelopment 35 Phase I Services Agreement with E2L Real Estate Solutions, LLC, a copy of the Second 36 Amendment is attached hereto as Exhibit "A". 37 Section 3. This Resolution shall become effective immediately upon its passage. 38 39 PASSED AND ADOPTED this day of 2017. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ATTEST: 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 (Corporate Seal) 62 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 CAProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\CD614731-2A42-4ED4-SEBA-CB2D7B560719\Boynton Beach.7990.1.Town_Square_Second_Amendment_=Reso.Doc Page 65 of 710 SECOND AMENDMENT TO THE TOWN SQUARE REDEVELOPMENT PHASE 1 SERVICES AGREEMENT THIS SECOND AMENDMENT, dated the day of December, 2017, between: CITY OF BOYNTON BEACH, a municipal corporation, with its principal place of business at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33495, hereinafter referred to as "City"; and E2L REAL ESTATE SOLUTIONS, LLC, a Florida limited liability company, with its principal place of business at 1400 W. Fairbanks Ave., Suite 201, Winter Park, Florida 32789, hereinafter referred to as "Company" WITNESSETH: WHEREAS, on June 29, 2017, the City and Company entered into the Town Square Redevelopment Phase 1 Services Agreement ("Agreement") whereby Company was engaged to provide certain Phase 1 Services as defined in the Agreement with respect to the City's Town Square Development (the "Development"); and WHEREAS, on August 21, 2017, the City and the Company entered into a First Amendment to the Agreement in order to provide for the Company to provide additional Phase 1 Services related to the inclusion of a District Energy Plant (the "Energy Plant"), and design services for water, sewer, reuse, and storm water infrastructure associated with the Development ("Utility Infrastructure") in accordance with the terms set forth therein. WHEREAS, the City and the Company desire to enter into this Second Amendment to the Agreement in order to increase the High School Stabilization Fee and to extend the Termination for Convenience deadline. NOW, THEREFORE, for and in consideration of the mutual covenants and other good and valuable consideration, the Parties hereto agree as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. SECTION 2. That the High School Stabilization Fee as defined in section 3.3 B of the Agreement is hereby increased by One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00) to a total amount not to exceed Three Million and 00/100 Dollars ($3,000,000.00). SECTION 3. That the date of termination described in Article X Sections 10.1, 10.2 and 10.3, is hereby extended to February 21, 2018. {00206209.1306-9905263} Pagel of 3 Page 66 of 710 IN WITNESS WHEREOF, the City has caused this Second Amendment to be duly executed in its name and behalf and the Company has caused this Second Amendment to be duly executed in its name and behalf on the dates set forth below. In the event of any inconsistencies between this Second Amendment, the First Amendment and the Agreement, the provisions contained in this Second Amendment shall prevail. In all other respects, the terms and provisions of the Agreement are ratified and confirmed. CITY OF BOYNTON BEACH, FLORIDA STEVEN B. GRANT, MAYOR ATTEST: BY: Date: , 2017 Judith Pyle, CMC City Clerk (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY James A. Cherof City Attorney {00206209.1306-9905263} Page 2 of 3 Page 67 of 710 {00206209.1306-9905263} EM REAL ESTATE SOLUTIONS, LLC 0 Name Its Date: Page 3 of 3 Page 68 of 710 CHANGE ORDER NO, OCO-0001 PROJECT: CHANGE ORDER NUMBER: OCO-0001 OWNER: ❑ BOYNTON BEACH HIGH SCHOOL PHASE 1 Date: 16 -Nov -2017 ARCHITECT: f1i'Mean Avenue ❑ Boynton Beach, Ft. 33435 CONTRACTOR: ❑ TO CONTRACTOR: FIELD: STRATICON OTHER:ri 451 SW Federal Hwy Stuart FL 34994 United States of America THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) EXT001 External Chancie Order: Phase 1 Fxtp.nqinn OHP & GC's SUBTOTAL =AL J $ 150,000.00 S 173,000.00 $ 26,697.82 $ 238,000.00 S 460,479-00 $ 46,000.00 S 39,000.00 $ 1,304,347.82 $ 195,652.17 $1500,000.00 The original Contract Sum was Div. 4 Window Opening Reinforcement $0.00 Div 5 & 6 Structural Framing The Contract Sum will be increased by this Change Order in the amount of Div. 6 Gym Roof T&G $3,000,000.00 Div. 6 Flat Roof Decking The date of Substantial Completion as of the date of this Change Order therefore is Div. 7 Roof Div. 8 Windows authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in Div. 9 Exterior Blasting Div. 9 Exertior Paint OHP & GC's SUBTOTAL =AL J $ 150,000.00 S 173,000.00 $ 26,697.82 $ 238,000.00 S 460,479-00 $ 46,000.00 S 39,000.00 $ 1,304,347.82 $ 195,652.17 $1500,000.00 The original Contract Sum was $1,500,000.00 The net change by previously authorized Change Orders $0.00 The Contract Sum prior to this Change Order was $11,500100OX0 The Contract Sum will be increased by this Change Order in the amount of $1,500,000.00 The New Contract Sum Including This Change Order $3,000,000.00 The Contract Time Will Not Be Changed The date of Substantial Completion as of the date of this Change Order therefore is NOTE:*This will fund the project up until February 28, 2018.* This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER E21- Holdings, LLC STRATICON City of Boynton Beach DEVELOPER (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 1400 W. Fairbanks Ave., Suite 201 Winter Park, 451 SW Federal Hwy Stuart FL 34994 Un[ted States of 100 E Boynton Beach Blvd, Boynton Florida 32789 USA Beach, FL America 33425 USA ADDRESS ADDRESS ADDRESS Mark Hefferin Jeff Hardin jTyped Name) (Typed Na e) BY (Signature) DATE BYSgn tore) DATE Colin Groff (Typed Name) BY (Signature) DATE Page 69 of 710 A.F.). ccnsilyucuun Se to ILILC 1791 Blount Road, Suite 11603 Pompano Beach, Florida 33069 Phone: 954.366.1785 Fax:' 4.532.0373 rmgm�apcsfla.coni CGC#1521117 Straticon Construction Budget Pricing Only October 20, 2017 800 SE Monterey Blvd Stuart, FL 33496 Job Site: Boynton Beach High School Window Structural Repair as per 114 East Ocean Blvd. Approved Protocal Boynton Beach, FL ITEM Window Size Quantities Unit Price Cost 1 XV x TV 10 $895.00 $8,950,00 2 24611 x 5'6" ------- 8 $780.00 $6,240,00 3 �3'6" x 516" 1 $880,00 $880,00 4 3'8" x 8'0'* 25 $965-00 $24,125,00 5 I'V x 3*0" 10 $722.00 $7,220.00 6 XV x 4*6" 12 $780.00 $9.360.00 7 1 2'4" x 6141# 6 $775,00 1 $4,650.00 ® 3'0" x 67' 4 $650.00 $2,600.00 9 TO" x 4'6" 1 $780,00 $780.00 10 246#1 X 'V641 $890.00 $890.00 11 3'8" x 67' 3 $960.00 $2,880.00 12 2'4" x 244*4 8 $525.00 $4,200.00 13 3'6" x 7'6" 10 $895-00 $8,950-00 14 3'611 X 6@6*1 2 MOM $1,520,00 15 3'8" x 81011 11 $965-00 $10,615-00 16 3'8" x 6*8" 12 $940.00 $11,280-00 17 3'8" x 4'6" 6 $770.00 $4,620.00 la IT" x 3*0" 10 $620.00 $6.200.00 19 TO" x 4'6" 14 $720,00 $10,080.00 20 2*6" x 5*0" 4 $690.00 $2,760-00 21 1'4" x 3*0" 10 $545.00 1 $5,450.00 22 3'8" x 3'8" 3 $545.00 $1,635.00 Pagel oft Page 70 of 710 V All 77!f flub A- ED. Ccnstruciftn ser"ces, UUC Ake 1791 Blount Road, Suite #603 Pompano Beach, Florida 33069 Phone: 954.366.1785 Fax: 954,53 .0373 rmgm(a )epc0a.com CGC4 152 1117 ITEM Window Size Quantities Unit Price Cost 23 2169* X 5t6ow 5 $635.00 I $3,175.001 24 3'8" x 3'8" 18 $545.00 59,81000 25 2*61' X 210@6 2 $520,00 $1,040.00 26 Areial Lift - per month rental 3 $1,900,00 $5,700.00 27 1 MOBILIZATION, GENERAL CONDITIONS, SITE PROTECTION, EQUIPMENT RENTAL & DISPOSAL 1 10% $15.561.00 -1 TOTAL E371MATED COST $171,171.00 Thank you, This is budget printing only, hard numbers will be presented upon approval. Paga 2 eG 2 Page 71 of 710 P.O. BOX 2535 PAI,M CITY, Fl. 34991 Name / Address STRATICON Date Estimate # 9120/2017 752-311 ILot NumbertProject I I I Signature Page 72 of 710 C' r i t AIAI Anew zip CODE rt f s JM L ARCHFrECT OATS OF PUM -03 PHOM t rOPOSC hereby to furnish material and tabor -- complete in accordance with applications below, for the sum of.- Payment f:Peywrattl to be nrede as follows: Air material is guaranteed to be as specified. All work to be completed in a workmanlike manner aceerding to standard practices. Any alteration or deviation from specifications p . below involving extra costs wilt be executed only upon written orders, and will become an stirs charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and ethar necessary insurance.. Our workers are My covered by Workman's Compansabon umuraace, We hereby submit specifications and estimates for: Page 73 of 710 M RLH.Builders LLC 4171 S.E. Robert Loop Rd. Stuart, FI.34997 772-215-4692 Name /Address Strzticon Construction Boynton Bch. High School Description Qty Supply and install #2 2 x 6 tongue and groove pine on gym and stage ceilings. Estimate Date Estimate # 9129/2017 16-0433 --- --- ------- -- Project Rate f Total 198,000.00 198.000-00 Thank you for the estimate opportunity. Hope to do business with you! Thank you, Ron! RUT Builders Total $198,000,00 ;Gy -alteration. —o-t—de-vi—aii—o'a- —from —the —above scope of work involving extra costs will be executed only upon written order and Nvill become an extra charge to be agreed upon between the owner and contractor. ( Change Order) Page 74 of 710 -#j Vol ". September 27, 2017 Submitted To: Estimating Work Performed At: Historic Boynton Beach High School 114 East Boynton Ocean Blvd Boynton Beach, FL 33435 We hereby propose to furnish the materials and perform the labor necessary for the completion of the following: Install roofing system to meet or exceed the current governing building codes on this new construction Job. Scope of Work: Wood Flat Deck. • Mechanically fasten with PP28 base sheet per engineered fastening pattern. • Solidly Map 3" Base Layer ISO and 1/4" Tapered ISO - R19 • Solidly Mop 1/2 inch retrofit board • Solidly mop a Dynabase to the retro fit board in hot asphalt, • Solidly mop a Dynaglas FR CR in hot asphalt over the Dynabase • Supply and install 24 -gauge Counter Flashing and Scuppers • 2 ply wall flashings per Manuf, • Install lead at all drains • Supply and install Roof Hatch • Permaflash all penetrations per Johns Manville specifications. • A Twenty year (20) NDL warranty will be furnished upon final payment. • Licenses, insurance, permits, hoisting, Engineering, clumpsters, safety, labor and materials included. Excludes: Mechanical, electrical, plumbing work, Roof Ladders, drains Tear -Off of roofing material and deteriorated decking by others. Wood Deckincl by others Scope of Work: Wood Flat Deck at GYM. • Loose lay PP28 base sheet • Loose lay 3.3" Base Layer ISO - R19 • Mechanically Fasten Dynafast 180 HW per engineered fastening pattern. • Solidly Torch a Dynaweld Cap FR CR • Supply and install 24 -gauge Counter Flashing Main Office: 1421 Oglethorpe Rd. * West Palm Beach, FL 33405 - Tel; 56,1-223-2096 - Fax: 561-444-2272 License # CCC 1328620 Solutions Driven and Customer Focused Page 75 of 710 • 2 ply wall flashings per Manuf. • Supply and install 24ga Galv Kynar standard color drip edge, Fascia metal, Gutters & D,S. • Permiaflash all penetrations per Johns Manville specifications. • A Twenty year (20) NDIL warranty wall be furnished upon final payment. • Licenses, insurance, permits, hoisting, Engineering, dumpsters, safety, labor and materials included. Excludes: Mechanical, electrical, plumbing work, Roof Ladders, Soffits Tear -Off of roofing material and deteriorated docking by others. Wood Decking by others Scope of Work: Concrete Flat Decks 0 Tear -Off existing Roofing down to Concrete deck 0 Adhere 3.3" Base Layer ISO - R19 in foam UTA Bonding adhesive 0 Adhere 1/2" Securock in foam UTA Bonding adhesive 0 Solidly Torch a Dynaweld Base Sheet a Solidly Torch a Dynaweld Cap FIR CR a Supply and install 24 -gauge Counter Flashing 0 2 ply wall flashings per Manuf. a Permaflash all penetrations per Johns Manville specifications. a A Twenty year (20) NDL warranty will be furnished upon final payment. a Licenses, insurance, permits, hoisting, Engineering, dumpsters, safety, labor and materials included. Excludes: Mechanical, electrical, plumbing work, Roof Ladders, Soffits Scope of Work: Tile Roofs a Tear -Off existing clay tile and dispose to allow others to remove & replace decking G Loose lay 30# underlayment air Barrier 0 3.3" Base Layer ISO - R1 9 mechanically fastened 0 5/8" Plywood mechanically fastened per engineered pattern a Install Boral Tile Seal self -adhered underlayment over plywood 0 Foam attach 2 piece Clay Barrel cap/Pan tile —Terra Cotta Color a Supply and install 24 -gauge Kynar standard color drip edge, eave closure, & Counter Flashings a Hip/Ridge Metal Channels installed 8 Limited Lifetime Manufacturer's warranty 0 Licenses, insurance, permits, hoisting, Engineering, dumpsters, safety, labor and materials included. Excludes: Mechanical, electrical, plumbing work, Roof Ladders, Fascia, Soffits Price is valid for 30 days. Total Price: $238,000.00 Payment & Performance Bond —,Add 2% Main Office: 14-21 Oglethorpe Rd, * West Palm Beach, FL 33405 - Tel: 561-223-2096 - Fax: 561444-2272 License # CCC1328620 Solutions Driven and Custorner Focused Page 76 of 710 • Therma Seal Roof Systems, LLC will maintain watertight conditions according to all manufacturer's and standard practices for roofing on a day -to day basis. • This proposal is based on one mobilization This proposal is based on complete access to the roof areas clear of obstructions, • Therma Seal Roof Systems, LLC will comply with all OSHA safety guidelines and regulations • All roofing will be performed in accordance with applicable NRCA guidelines, Miami - Dade Product Control Notice of acceptance and manufacturers specifications per approved drawings • Job duration is 120 calendar days from permit. Permit will be procured within 3 weeks of contract execution. Engineering and pull tests on the decks are all part of the permitting process. PAYMENT TERMS Payments are to be made as follows: Negotiable Once again, thank you for the opportunity to present this proposal for your review. If you should have any questions or if there is anything else that I can do for you please call me at the number listed. Note: This proposal may be withdrawn by us if not accepted within thirty (30) days. Sincerely yours, Mike Fuggetta - Vice President Therma Seal Roof Systems LLC. 1421 Oglethorpe Rd. West Palm Beach, Florida 33405 Office: 561-223-2096 Cell: 772-201-4885 M-f—U-9,Letta@therM,asealroofs.com www,thermasealroofs.com ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. The signer authorizes Therma Seal Roof Systems, LLC to do the work as specified. Payment will be made as outlined above. Main Office: 1421 Oglethorpe Rd. * West Palm Beach, FL 33405 - Tel: 561-223-2096 - Fax: 561444-2272 License -9 C 132862 Solutions Driven and Customer Focused Page 77 of 710 Date: Signature: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard roofing practices. Contractor retains the initial right to remedy any consequential damages at the sole discretion of the contractor and shall not be held liable for any damages occurring previous to the following performance of contracted work. Any alteration or deviation from the specifications involving extra costs will be executed only with written orders, and will become an extra charge over and above the estimate. All signed agreements are contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, flood and other necessary insurances as require by law. Time is of the essence concerning this valuable contract. This project may be stopped if progress payments are not made on time. If it becomes necessary for the contractor to expend legal fees to collect monies owed, these legal fees will be the responsibility of the property owner. All warranties to be issued upon completion of contract and all monies paid in full. GENERAL REQUIREMENTS Coordination: Attention is directed to the fact that owner's occupancy of the building must continue at all times. Take every precaution to keep interference with that occupancy to a minimum. Adequate means for security and closing of all openings shall be provided. The building must remain free of hazards to occupants and their contents. Coordinate with management in scheduling sequence of the roof replacement so that air conditioning can be placed back in operation and limit the amount of down-time. MISCELLANEOUS PROVISIONS 1. Unforeseen Conditions: This proposal/contract is based on visual conditions. Should unforeseen conditions arise that could not be determined by visual inspection, additional work shall be performed on a time and material or firm bid basis, after customer or his agent have been notified of such. Ponding water and mold are considered unforeseen conditions and are therefore not covered by contract. After installation is complete, there shall be no ponding water after 48 hours per manufacturer's warranty criteria. 2. Sign & Lighting: Due care shall be exercised in working around signs and lighting of buildings. However, due to their delicate construction, contractor will not be responsible for damages to same. All signs and lighting to be removed and reinstalled are to be done at customer's expense and responsibility. 3. Flashing: Pricing for metal flashing, stucco -stop, eave drip, edge metal and gravel stop are all based on galvanized metal. Copper and aluminum will be at an additional cost to the customer unless specified in the Scope of Work. 4. Time limit. The proposal is made for immediate acceptance (void if not accepted within 30 days) and is subject to withdrawal with notice. Main Office: 1421 Oglethorpe Rd. ' West Palm Beach, FL 33405 • Tel: 561-223-2096 - Fax: 561-444-2272 License # CCC1328620 Solutions Driven and Customer Focused Page 78 of 710 5. Oral Promises: Contractor assumes no responsibility whatsoever for any Oral promises. All terms and conditions must appear in writing on contract. 6. Ceilings: Contractor will not assume or accept any responsibility or liability for damaged stained ceilings, cracked or failing plaster, insulation or acoustical tile, during or after work is completed, nor for re-painting or re-finishing of damages. Contractor shall endeavor to minimize falling debris etc. where no acoustical ceiling is present. 7. Guarantee: We assume no responsibility for damage caused by acts of God, to wit: Hurricanes, Tornadoes, Wind Storms, Electrical Storms, etc. or any act beyond our control. We further assume no responsibility for damages caused by plant life, termites, mold, mildew or negligence on the part of the customer or his agent. Note: If contract is cancelled by owner after seven days of signing, customer shall forfeit 50% of any deposit made toward the contract. 8. Due to the nature of work and use of hot asphalt, owner must assume responsibility for removing vehicles, closing windows, closing or removing awnings and any other objects that asphalt may fall or drip on and cause damage to. If tar falls or drips on the paint or stucco, Therma Seal Roof Systems, LLC will do its best to remove the asphalt, but the owner will be responsible for any touch-up or repainting. 9. Unless specifically included herein, Therma Seal Roof Systems, LLC shall not be held responsible for removing of wood or chain link fences, pipes, sprinkler systems, water or sewage disposal systems, septic tanks, conduits, telephone lines, TV antennas, awnings, gas tanks, meters, water heaters, concrete pavers or plants and trees in the area of construction. Customer agrees to protect or remove any personal property in the working area including shrubs, lawn, screens, awnings, trees or flowers and Therma Seal Roof Systems, LLC shall not be held responsible for damages to said items. 10. The contractor shall not be required to perforin work without consent of any work relating to asbestos or polychlorinated biphenyl (PCB). It. Temporary Barriers: Temporary weather and dust barriers shall be erected wherever walls or roofs are opened for demolition or new construction to protect the interior from damage. They will not be removed until new construction is in place and the interior space is protected from weather or dust. We will construct temporary barriers and fall protection at all shafts, openings and other hazardous areas and will be marked according. 12. Cleaning & Protection: During the handling and installation of roof work at the project job site, we will take all measures to keep the adjoining completed area clean and protected. We will apply suitable protective covering on newly installed work where reasonably required to ensure freedom from damage or deterioration until time of substantial completion. 13. Examination of Substrate: The installer must examine the substrate and conditions under which the installation of the roof"mg work is to be performed. We will not proceed with said roofing work until unsatisfactory conditions have been corrected in a manner accepted by the local building department and roof material manufacturer. 14, Installation: We will comply with all local building department requirements, Miami- Dade County Notice of Acceptance (NOA) and the roofing material manufacturer's spec i ifcati except where more stringent. 15, Given the work is in a shopping center with operating businesses, we will give advanced notice in person or via telephone to the personnel that the owner designates each time a new area Main Office. 1421 Oglethorpe Rd. * West Palm Beach, FL 33405 - Tel: 56,11-221-2096 . Fax: 56,1-444-2272 License # CCCI 328620 SOILItions Driven and Customer Focused Page 79 of 710 will be worked on so that the owner and tenants can protect said areas on the businesses as necessary from falling debris etc. 16. The staging areas shall be designated by the owner in writing or on a plan. We will close off the area with barricades and safety tape to prevent any persons or vehicles from entering said area for the entire time that the work is in progress. 17. All warranties shall be transferable if the property is sold to the new owners without charge. This shall happen each time it is sold. 18. We will endeavor to obtain the necessary permits and we will start the work within 3 business days of permit issuance and proceed diligently to complete it. Main Office: 1421 Oglethorpe Rd. ' West Palm each, FL 33405 - Tel: 561.223-2096 • Fax: 551-444-2.272 License ft CCC 1328620 Solutions Driven and Customer Focused Page 80 of 710 October 11, 2017 Mr. Brian Perrault Straticon Construction Company Re: Boynton Beach High School Renovation Dear Mr. Perrault Scope of Work: Tile Roofs 1) Tear -off the and replace any rotten sheathing at a charge of $3.00 per sq.ft. 2) Install R-19 ISO and new plywood 3) Install 30# tin tagged to the plywood deck 4) Install Polyglass TU Plus self -adhered underlayment over 30# 5) Foam attach Barrel —Standard Color 6) Supply and install all roof related metals Flat Decks 1) Completely tear off and dispose of all flat deck material 2) Install R-19 insulation and Y4 inch tapered ISO where called for on the drawings 3) Install a 2 ply modified roof system in hot asphalt 4) Supply and install 24 -gauge roof related metals 5) Flash all walls and curbs per manufacturers specifications 6) Flash all penetrations per Johns Manville specifications. 7) 20 year manufacturers warranty 8) 2 -year RSF warranty Sincerely Yours ROOFING SYSTEMS of FLORIDA INC. Mr. Herb Frank — President 125 S State Road 7 Ste 104-367, Wellington, FL 33414 Phone: (561) 795-5566 Page 81 of 710 2940 NW Commerce Park Drive, Bay #4 Boynton Beach, FI 33426 1 phone: 561-292-3457 1 email: service@seabreezeroof.com Florida Certified Roofing Contractor CCC1328689 - Florida Certified General Contractor CGC1521632 PROPOSAL SUBMITTED TO: Jaynes DeMichael STRUT 125 E Ocean Ave CITY, STATE AND ZIP CODE Boynton Beach, F1 33435 CONTACT: I(�,�straticon.corn jarnes.demichaelC PHONE DATE 772-485-8644 8-17-17 JOB NAME Old Boynton Beach HS JOB LOCATION Same CITY, STATE AND ZIP CODE JOB PRONE Sarne sanne 1. General: a. Remove existing roof materials on sloped roof. Remove existing shingles, tiles and flat roof. lb. Existing tiles to be removed and stared by others. Store tiles to be loaded on the roof by others. c. Stucco work and painting by others. 2. Gym Roof and Flat roof: a. Remove existing flat roof and haul away, b. Furnish and install one (1) layer of #75 base sheet. Tin -tagged to deck per Florida building code. c. Supply and install new 3"X 3" 26 Gauge, galvanized, prefinished white flashing eave metal. d. Furnish and install new wood nail -board at roof edge to match height of new insulation, e. Furnish and install new 3.1" Polyiso Insulation set in hot asphalt. f. Furnish and install 1/8" tapered Polyiso insulation set in hot asphalt where necessary. g. Furnish and install one layer of Yz" perlite cover board set in hot asphalt. h. Furnish and install two (2) layers of Ply IV fiberglass rolled roofing set in hot asphalt. i. Furnish and install one (1) layer of granulated cap sheet set in hot asphalt. 3. Tile Roof: a. Replace existing sheathing where necessary. Page 1 of 2 Page 82 of 710 2940 NW Commerce Park Drive, Bay #4 Boynton Beach, FI 33426 1 phone: 561-292-3457 1 email: service@ sea breeze roof com Florida Certified Roofing Contractor Ccc1sZ86ag NoridaCertified General Contractor [Gc15Ila3z b. Furnish and install new 11° Polyismover entire roof area. c. Furnish and install new 5/8- plywood over new insulation, d. Furnish and install #38felt, mechanically fastened toroof deck. e. Furnish and install new, 26 gauge, 3"U", galvanized prefinished white eave metal. f. Furnish and install new, Z6gauge galvanized valley metal. g. Furnish and install new plumbing vent flashing. h. Furnish and install asphalt primer an all new metal flanges. i. Furnish and install 9O#unJedayment,set inhot asphalt. j, Furnish and install galvanized metal hip and ridge tile supports. k, Furnish and install 2 piece barrel tile to match existing as closely as possible. Furnish and install galvanized, pneUnished eave closure per tile manufacturers recommendations. i Install tile with Po|VFoam roof tile adhesive, Quotation for the sum of: (Four Hundred Seventeen Thousand Three Hundred Ninety Five) $417,305.00 Payment to be made as follows: 50% upon commencement of tear off, 40% Dry in, 10 % on Completion. All work to be completed inoworkmanlike manner according io standardpractices- Any alteration mdeviation from the above specifications involving extra cost will beexecuted upon written work orders and will become anextra charge over and above the base price All agreements contingent upon strikes, accidents urdelays beyond our control. Owner ,ocarry fire, tornado and other necessary insurance, Our workers are fully insured byworkers compensation insurance, Contractor's Signature Note: This proposal may bpwithdrawn Jnot accepted within 30 Acceptance ofProposal - The above prices, specifications and conditions are satisfactory and are hereby accepted, You are authorized tudothe work asspecified, Payment will hemade Signature asoutlined above. Please see reverse side for terms and conditions. Bysigning this proposal you agree tothe terms and conditions. Signature Page 2 of 2 Page 83 of 710 3570 SE Dixie Hwy, Stuart, FL 34997 PHONE: (772) 286-0459 FAX. (772) 286-0461 W W W.theg lassprof essional s.net Name / Address Straticon Construction 1800 SE Monterey Commons Blvd, Suite 202 Stuart, FL 34996 0 �=Iio!Ar Date Estimate # 9/25/2017 7138 Ship To Old Boynton Beach High School 125 E Ocean Ave, Boynton Beach, FL 33435 I Terms I Contact Person I Phone Number I As per contract Description 772-210-0221 Furnish and install new C&I Estate Series windows 1. Exterior & Interior of all units to be white kynar finish 2. Units glazedwith 5/16" clear laminated glass with clear LowE 366 3. Double applied muttons with 06 edge 4. All complete with screens. ***PLEASE NOTE. Lead Abatement, Permitting & preperation of all openings to be done by others. No doors are included in this quote.*** Total 460,479.00 ***Due to the intricate process of special ordered materials, The Glass Professionals will make every attempt to keep a timely schedule, but cannot be liable for delays due to the intensive manufacturing process ***The Glass Professionals Inc. can only estimate not promise date of completion*** Signature Total $460,479.00 Estimate is for 3d days from above date. Please sign and return via mail, e-mail or fax ***fill final prices reflect a 2% discount for cash, check, money order or cashiers check. Discount does not apply to any other farm of payment; All credit / debit card payments are subject to a 2% convenience/processing fee** This amount is added to the end of your invoice*** age 84 of 710 x E i I r I i t k � ' COQ w .K w :6 N II ;3 tll y cam v 'sri !�1 W88 II l O Wp II a `- _a W o U �_ R1 �cz t O q�L � Y Ir a. Gla t� 00 II U w q u Q [ W cq L7 tlY5 W w �b R te'. � C CLIt b© ¢,CA Cid. II ua�+ W Y Y t. It v C'7 zg 3vvw N mIII C ,.c, C=. Q W, �Ufs, 4 Wu] 00 Cd 11i al Q C�i y CY& i4 N Z H 14 N11>a. by sl C7 3.it � o y {J It G as ait �3m W 'tl M W aJ W II Tf v tl tI i to tl a . C dr. co 0 � .o (GO cc CL O m_ © p�y co kogo z� iq v s30, y� a GIS 0 0 CL G PC w Nm u o N Q I o CY ca N a Page 85 of 710 r S Cl) �2 �D 16 Page 86 of 710 II 0 II cli 0 It Q It 9 Oj 9 cc n 00 11 bb u .0 w It U 71 C6 11 0 73 0 0 00 0 00 u it b vw Q d U If Ln In �v in Cq 00 It C6 bD ,6 bn 4l it 3 -5 4 u cqC)05 'n 0 Oj Z Z it I14 t+t ca r: cd w to A it IN r" d � () C-) 0 -W cn - (D 1� u En IL cq 0 4 r� cq vm a� j� 4 �: �2 �: 86 a -t4 V, Lld J-1 l7 11 U) 0c) Cl) r, 4 .-d u W 4 C� -0 —bjD ti --d P� =cu m CD �rl- P, 0 611 fa� Il.— 01) (U 45 C) < V 0 0 %D C? CEP a 0 00 OD Ilu —0 0 10� E9 40, -b -0 v co u A, (a x + Cd Z 0 r. 410 + 0 Cl 0 YO) m Q �2 �D 16 Page 86 of 710 CJ GO 0 c"I �D 16 Cl) m CL Page 87 of 710 MEWS M, (D O ti II o 0 14x C14 kD ul z 0 co 0 It O 03 0 0 cc 11 '00 w 4� 0 < 0 II Q z z C,)O II a U cd 4[ it 0 U uD II 0 00 u 0 0 a tw �6 rj 3 —4j C) -e cc",2 0 4j it w v -, g ') cuocq co LD 4) 4 r M '—'- = 130 0 b.4t4 � .2 N uz , It rn r� to it to) m cu 13D 0 It '0 0 va T7 11 0 Cd + CL 11 U r + (D O ti Page 88 of 710 0 II o CN GO 9 It Ij U v0 QG 0 [I U z U U U II 0 00 u 0 ch as 90Int 4 0. bo It 3 Cc, co 0 m � 4 bII :�: C: �: 2 co z ISO a�: —54 it r It If va T7 CT It Cq cc v 0 0 11 U r + Page 88 of 710 .0 00 ti LO ro IN Iii LO i Ln Page 89 of 710 !R M CTM 631-016a INVOICE TO Straticon ESTIMATE DATE 09128/2017 Old Boynton Beach High School ACTIVITY CITY AMOUNT Installation of Single Window Tear out and replace with new Window and 184 463,900.00 Installation Please see attached material list CGI Estate Series Kynar white finish, clear Low E 366 impact glass TOTAL $463,900.00 Page 90 of 710 Livingston Glassworks Livingston Glassworks nor7GW4znuAve Ste A Palm City, FL3499O September 2g.2D17 StradcomComstmct|on Brian Perrault RE: Boynton Beach House School 451SVVFederal Hwy Stuart, FL34994 Dear StmticonConstruction: You recently requested pricing information from our company. Here is our quote: Remove and Replace old window and install new impact CGI Estate [G| window's will be white Kynar Finish with 1Oyear paint warranty and have clear 366 LoE laminated impact glass. Grids will beOGedge and double applied muttons. Total cost: labor and Material $49G'000.00 Please note: this is Budgetary proposal base on the information | was provided. Please call ifyou have any question pertaining tothis proposal, Sincerely, Brian Page 91 of 710 14 @ 18 x 41 Single Hung 5 @ 26 x 56 Single Hung 58 @ 45 x 96 Single Hung 38 @ 37 x 76 Single Hung 14 @ 37 x 53 Single Hung 18 @ 37 x 39 Single Hung 20 @ 22 x 45 Single Hung 6 @ 30 x 76 Single Hung 10 @ 37 x 72 Single Hung 2 @ 37 x 57 Single Hung [G| window's will be white Kynar Finish with 1Oyear paint warranty and have clear 366 LoE laminated impact glass. Grids will beOGedge and double applied muttons. Total cost: labor and Material $49G'000.00 Please note: this is Budgetary proposal base on the information | was provided. Please call ifyou have any question pertaining tothis proposal, Sincerely, Brian Page 91 of 710 JR.P. Construction Services, LLC 1791 Blount Road, Suite 603 Pompano Beach, Florida 33069 Phone: 954.366.1785 Fax: 954.532.0373 MMO),avesfa.com CGC#1521117 Construction Contract This agreement is made on the date written above our signatures between Contractor's Name: A.P. CONSTRUCTION SERVICES, LLC (Contractor) and Owner/Representative/Contractor Name: Straticon (Owner). Date: October 19, 2017 Re: Dustless Blasting Contractor Contractor's Name. A.P. Construction Services LLC Address: 1791 Blount Road Address: Suite 603 City: Pompano Beach, Florida 33069 Work Phone Number: 954.366.1785 Fax Number: 954-532.0373 Email Address: rmgm@gmaii.com Registration or Certificate Number: CGC#1521117 Contractor's Name: Richie Murray will be referred to as Contractor throughout this agreement. Own er/Reip resentative/Contractor Owner's Name: Straticon Contact: Brian Perrault Address: 800 SE Monterey Commons Blvd. City: Stuart State: Florida Zip: 34996 Phone Number: 772.485.8644 Cell Number: 954.873.0410 Email Address: brian.verrauRkstraticon.com Owner Representative/Contractor Name: Straticon will be referred to as Owner throughout this agreement. Owner/Property Owner/Property will be represented by Representative's Name: Boynton Beach High School (Owner/Property) as described in this agreement. Representative's Name: (Owners) Contact: Brian Perrault Address: 114 East Ocean Blvd. City: Boynton Beach State: Florida Zip: 33435 Cell Phone Number: 954.873.0410 Fax Number: Email Address: briaia.i)errault(&-straticon.com Owner/Property Name: Boynton Reach High School will be referred to as Owner/Jobsite Location throughout this agreement. Location: Initial Initial Page 92 of 710 Page 2 of'7 Straticon October i 9, 2017 Dustless Blaaing r Scope of Woek: Dustless Blasting • Install and set up all necessary site protection required for the Dustless Blasting of existing coatings • Low pressure rinse all residual coatings, dust, debris, ect... • Install and section off certain elevation of building approved by GC prior to the commencement of Dustless Blasting • Dustless Blast with 50 psi and 30/65 silica based aggregate for 29,360 sq ft of building exterior envelope • Remove and reset site protection as dictated by GC basedon the logistics of other sub -contractors working on site • Low pressure rinse building after completion of blasting ConstructionNOTE #I: Delaminated or fractal stucco after blasting is not the responsibility of AP NOTE #2. If accepted AP Construction Services, LLC would be please to submit a quote for •lacement • • . istuccoatof • to include applin!g Lanco, Bonding to replaced stucco NOTE #3: If AP Construction Services, LLC., Is required to supply a boom the monthly fee wil I be $1,962.00 for a 40' Boom 29,360 sq ft x $1.29 = Cost $37,874.40 Site Protection, Mobilization and General Conditions: $ 0.00 Total Cost:: $37,874.40 Notes: • If any quantities should exceed the limits estimated on the proposed contracted items, they will be invoiced at the unit cost provided without any additional mobilization fees for the extended quantities. Payment Terms: Deposit of 20% is required at time of contract signing in the amount of $7,574.88 B. The balance of the contract will be billed as work is completed and approved on a weekly basis. Please be advised that the mobilization, site protection and general conditions, if applicable will not be credited back to future invoicing. Mobilization is an additional expense above the contracted unit cost items listed. Only the deposit on unit cost items will be credited back as the deposit credit. Waterproofing + Concrete Restoration e Interior Build -Outs • Water Intrusion Inspections Stucco• STO a Sika + EIFS Repairs* Initial Trucial Page 93 of 710 Page 3 of 7 Straticon October 19, 2017 Dustless Blasting Description Measure Unit Cost Quanti!y Total Cost Initial Remove & Re lace Stucco 5/8 S_q_Ft , $5.15 General Conditions: A. Inclusions: 1. Labor 2. Supervision 3. Materials 4. Insurance B. Exclusions: 1. Water and Electric 2. Landscaping and Irrigation repairs 3. Engineering and Inspection Fees 4. Permits and NOC 5. Rental Equipment 6. Disposal Container (Unless otherwise stated in contract) We look forward to working with you on this project. Please feel free to give us a call if you should Have any questions Insurances Upon execution of Contract, insurance certificates will issued naming "Owner" as additionally insured. Warras.11 This document serves as a I year unlimited warranty issued by A -P Construction Services, LLC. CGC#1521117 This warranty is inclusive the line items incorporated in this contract agreement. This warranty will be in effect for a period of I year after the full completion of the Scope of Work included in the contract documents. This warranty will cover the area outlined in the contract agreement. Individual warranties will be issued on a contract to contract basis. Waterprooling e Concrete Restoration e Interior Build -Outs 0 Water Intrusion Inspections Initial Stucco* STO o Sika o EIFS Repairse Initial Page 94 of 710 Page 4o 7 Straticon October 19, 2,017 Dustless Blasting This warranty will be void if any other than contractor, representative, sub-contractor, or affiliate designates a member assigned by AP Construction Services, LLC is not present or notified within 5 days if the possible voiding of the warranty or failure to :notify prior to the commencement of any repairs. Owners ResponsibUffies A. Owner affirmsthatOwner has the right to enter into this agreement and has the right to contract for construction of the Project on the Job Site. Owner shall pay all taxes and assessments due on the Job Site during the period of construction and shall take all reasonable actions required to protect marketable title to the Job Site. B. Owner will ensure that Owner's Representative responds in writing and with reasonable promptness to written requests from Contractor for (1) Interpretation of the Plans or Specifications, or (2) Other information relevant to completion of the Work. Contractor is authorized to rely on written responses from Owner's Representative. C. Owner shall have sole responsibility to secure financing for the Project and shall pay all fees, charges, or other costs of such financing, including Inspection fees charged by any lender. The nonperformance of any lender shall not affect the obligation of Owner to Contractor. Owner hereby authorizes and directs any lender on the Project to furnish Contractor with full information on undisbursed loan proceeds, when requested by Contractor. D. Owner will not interfere with or permit others to interfere with, stop, hinder, or delay completion of the Work by Contractor or Subcontractors except as provided -under this agreement. Construction by Others A. Owner shall neither hire nor retain Separate Contractors, Subcontractors, employees or agents of Owner to perform Work on the Job Site while Work is being done under this agreement by Contractor. Changes in the Work A. Except as provided elsewhere in this agreement, no change to this contract (including modification, clarification, interpretation or correction of the Plans or Specifications) shall be made without mutual agreement and a written Change Order signed by Contractor and Owner identifying the change, the cost of the change, and the effect on Project schedule, if any. B. Any change in Plans, Specifications or Contract Documents necessary to conform to existing or future Laws, codes, ordinances or regulations shall be considered Extra Work- C. Changes in the Work required due to defects or inconsistencies in Plans, Specifications or other Contract Documents shall be considered Extra Work. D. The charge for Extra Work shall be the normal selling price Contractor charges for Similar changes on other jobs. E. No Claim for payment for Extra Work and no Claim for additional time to complete the Work shall be recognized under this agreement without a written Change Order or a notice of Claim. Failure by Contractor to assert the right to a written Change Order or a Claim within 30 calendar days after beginning Work on a change in the Work shall constitute waiver by Contractor of the right to additional compensation and waiver of the right to additional time to complete a change in the Work. F. No act or omission of either Contractor or Owner shall be interpreted as waiver of the Requirement for a written Change Order or notice of Claim, nor shall any Claim that Owner has been unjustly enriched support a Claim for a constructive Change Order. The provisions of this paragraph are the essence of this agreement. G. Failure of Contractor and Owner to agree on the terms of a Change Order shall be resolved under the provisions of this agreement which cover Claims and disputes. Waterproofing @ Concrete Restoration 9 Interior Build-Outs * Water Intrusion Inspections Initial Stucco* STO * Sika a EIFS Repairs* Initial Page 95 of 710 Page `5 cif' Straticon October 19,20 17 Dustless Blasting H. Should Contractor and Owner fail to agree promptly on the terms of a Change Order, Contractor shall be paid, pending resolution of the dispute, the portion of the cost of the change not in dispute, including the costs of time and materials required to execute the change. Payments required under this paragraph shall be made as the Work progresses, concurrently withprogress payments. 1. Changes in work that exceed the quantity and/or contract cost will be billed to the owner work. If a payment plan is in place for the said contract amounts exceeded, the exceeded amount will be billed at completion and due to the Contractor within '7 business days. Contractor Claims A. If Contractor claims that any instruction, Drawing, act or omission of Owner or any representative of Owner, or any agency of government, increases costs to Contractor, requires extra time or changes the Scope of Work, Contractor shall have the Tight to assert a Claim for such costs or time. Attorney's Fees and Other Costs, A. Owner shall pay all of Contractor's reasonable expenses incurred to enforce or collect any of the Obligations including, without limitation, reasonable arbitration, paralegals', attorneys', and expert's fees and expenses, whether incurred without the commencement of a suit, in any trial, arbitration, or administrative proceeding, or in any appellate or bankruptcy proceeding. Interpretation of the Contract A. Section headings and paragraph numbers have been included in this contract to make reference easier and in no way limit, define, or enlarge the terms, scope, or conditions of this contract. B. Except as otherwise provided in this contract, Owner and Contractor intend that this contract be interpreted in accord with the .Restatement of Law, Contracts, published by the American Law Institute. Specifically: All parts of the Contract Documents should be interpreted together, and conduct of the Parties should be interpreted as a manifestation of intention, and specific provisions should be interpreted as qualifying the meaning of the general provisions. Choice of Law A. The contract shall be governed by the Law of the State of Florida. Choice of Venue A. The Parties agree that venue for any action related to performance of this contract shall be the appropriate court in the State of Florida. Entire Agreement A. The Contract Documents are the entire agreement and constitute a complete integration of all understandings between Contractor and Owner on the subject of the Project. The Contract Documents supersede all prior negotiations, representations and agreements, whether written or oral No subsequent notation, renewal, addition, deletion, change or amendment to this contract shall have any force or effect unless in the form of a written Change Order or amendment to this contract. Severability A. If any provision of this contract is interpreted or rendered invalid and unenforceable, then the remainder of this contract shall remain in full force and effect. Cumulative Remedies A. All rights and remedies provided to Contractor by the Contract Documents are cumulative and in addition to Waterproofing 9 Concrete Restoration * Interior Build -Outs a Water Intrusion Inspections Initial Stucco* STO a Sika e EIFS Repairs@ initial Page 96 of 710 Page 6 df 7 Straticon October :1'9, 2017 Dusliess,134asting and not in limitation of rights and remedies available to Contractor at Law or in equity. Chapter 558 Notice of Claim CHAPTER,558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT. SIXTY DAYS .BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE, REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS. Notice Required by Florida Statutes Section 558.005 Owner and Contractor agree to waive provisions ofFlorida's Notice and Right to Cure Act, Chapter 558 Florida Statutes. Our agreement that Chapter 558 Florida Statutes does not apply to this contract relieves Owner and Contractor of the obligation to follow procedures and meet deadlines before Owner can either file suit or commence arbitration over a claimed construction defect. (Signature, Page to Follow) Waterproofing e Concrete Restoration s Interior Build -Outs 0 Water Intrusion: Inspections Stuccos STO e Sika a EIFS Repairs* Page 97 of 710 Initial Initial Page 7,of 7 Straticon October 19, 2017 Dustless Blasting The signatures that follow constitute confirmation by those signing that they have examined and understand the Contract Documents and agree to be bound by the terms of these documents. Contractor may not begin Work before receiving from Owner a written notice to proceed. Any Work performed by Contractor before receipt of the notice to proceed shall be done at the risk of Contractor and without obligation of Owner. This agreement is entered into as of the date written below. ACCEPTED BY: A.P. Construction Services, LLC Richard T. Murray General Manager Date Subscribed to and affirmed before me on this day of 20__, by personally known or produced identification Signature of Notary Public Stamp Commissioned name of Notary Public ACCEPTED BY: Brian Perrault Approval Signature Print Name Date Subscribed to and affirmed before me on this day of 20 by personally known or produced identification Signature of Notary Public Stamp Commissioned name of Notary Public Waterproofing a Concrete Restoration 9 Interior Build -Outs * Water Intrusion Inspections Stucco• STO a Sika e EIFS Repairs* Initial Initial Page 98 of 710 3459 Nigh Ridge Road. Boynton Beach, FL 33426 Office: 561-586-7121 Fax: 561-586-7969 10/03/17 (revised 10113/17) To: Straticon Construction Services 1425 South Andrews Avenue, Suite 200 Fort. Lauderdale, FL 33316 Attn: Brian Perrault Re: Boynton Beach High School 5680 Audubon Trace West Nest Palin Beach, FL 33412 SCOPE OF WORK EXTERIOR. PAINT SCHEDULE: Preparation: High pressure paint removal via turbo -tip pressure clean followed by manual removal of peeling and delaminating wall coating to create suitable profile and surface for subsequent coatings. 1. StuccolMasonry — Walls, Soffit, Stucco Ceilings, Columns: Prep: Patch exterior surfaces as needed using Elastomeric Patching Compound Prime: Sherwin Williams Loxon Pigmented Primer/Clear Sealer (as needed) Finish: Sherwin Williams Resilience Acrylic Exterior 2. Cast Stene Trim— Fascia, Bands Prime: Sherwin Williams Loxon Clear Sealer Finish: Sherwin Williams Resilience Acrylic Exterior Page 99 of 710 Boynton Beach High School _ Boynton Beach FL PRICING As specified: Preparation of exterior surfaces $ 44,815.00 Exterior finish $ 53,760.00 TERMS AND CONDITIONS • Price includes all labor and materials to do job as specified. • Price include work platform rental. • Price excludes doors, windows, caulking of doors and windows, all exterior metal, lighting fixtures, veranda along with any area or substrate not specified in the scope of work. • Field verification of represented scope of work required. • Pricing valid for ninety (90) days from date of proposal. Pricing is based upon the current costs of materials and straight -time labor rates relative to the above scope of work. These prices may be adjusted on a dollar for dollar basis to reflect any increases in materials or labor. • Touch up paint will be left on-site at end of project. • All products used will be Sherwin Williams products • All windows to be protected and covered prior to painting • PCI adheres to schedule -driven project management and as such cancellations and delays result in a disruption of our service. Client may be responsible for a deployment charge if: (1) project/project scope of work is cancelled, changed or postponed with less than 2 full business days' notice prior to the scheduled work services, (2) PCI is not given access to a ready -to -work job environment upon arrival to the site, or (3) PCI is called back to the project to correct a dissatisfaction known to Client at the time services were rendered. • Job schedules and project end dates are also adversely affected by cancellations, delays and client -side schedule management. Any change to client project/project scope of work that requires a work order may irrevocably suspend any PCI project completion commitments. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. Painting Concepts Inc. is hereby authorized to do the work as specified above. Straticon Construction Services Painting Concepts, Inc. Page 100 of 710 90 CoastalConstructionSolutions Proposal for exterior painting Loxon primer First coat Stier crete on parapets intermediate coat (2 full eats) usfsotZ flat` Final coats (2 full :oats) exterioradone in compliance with laborSherwin Williams speciful cations. Price includes Total price ''turboblasting trefusal with 3500 psi pressure cleaner $45,850 .00 Total price for painting $8:9,990.00 Total price dustless blasting of stuccl ` IOGOMARK I Page 101 of 710 $691800.0;0 Payment terms are to be determined Ron Fallon 561-701-2�707 Coastal Construction solutions, K LOGOMM Page 102 of 710 �� =�stra,tmcon Brian Perrault <br!an High school project 1 message Ron Fallon <rjhaUon@rocketmaiioom> Tue, Oct 3.2017st10:59 AM Reply-To:^rj0aUoo@ronketmnoU.com"«rjfa!|om@nockmtmai[.00m> To: "brian.pmrruult@ohaduom.00nf<bhan.pemau|t@otmd|nom.00mn> Here is the proposal for Bb Hs building pfte to pressure clean with a 0 degree turbo tip. That will take off the loose paint. | assume they would not want tovapor blast the building because the cost would betoo great. |fthey want tostrip the walls bare |dohave aguy who can doit. Please let moknow |fyou have any questions, Thanks nomuch, Ron Fallon 581-701-2707 Sent frorn Yahcm��|onAn /u|d �MExterior Paint Pnmppsaidmc ��4R7BK Page 103 of 710 NUO N STR U CT I ON 114 East Ocean Blvd Boynton Beach Exterior Painting Project School Building Attendant: Straticon Construction 114 East Ocean Blvd Boynton Beach 3070 Jog Rd, Greenacres, FL 33467 Ph. (561)337-2943 — Fax (866) 542-7737 EmFii! ret Page 104 of 710 Date: 2911 of September, 2017 THIS CONSTRUCTION PROPOSAL AND CONTRACT is made and entered into on the day set forth above, by and between, COASTAL CONSTRUCTION SOLUTIONS, INC., (hereinafter referred to as "Contractor"), and OWNER: 114 East Ocean Blvd Boynton Beach, Florida OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, and other good and valuable consideration, agree as follows: 1. Work. CONTRACTOR shall complete all work as specified upon Exhibit "B," a copy of which is attached hereto and incorporated herein by reference. 2. Contract Documents, The contract documents, which comprise the entire agreement between OWNER and CONTRACTOR, are attached to this contract and made a part hereof, and consist of the following: a. This contract pages I through 3; b. Pricing Page, attached to this contract as Exhibit "A," c. Scope of Work, Specifications and Provisions attached to this contract as Exhibit "B." d. CONTRACTOR's Additional Provisions, if any, attached as Exhibit "C" 3. Determination of Scope of Work. CONTRACTOR shall undertake to determine the contract pricing based upon, as to quantity and specification, known engineering standards within the community. Such standards shall require additional time, effort and calculations on the part of CONTRACTOR. OWNER acknowledges that CONTRACTOR is not providing engineering services and the use of the term "engineering standards" reflects a level of accuracy in the determination of quantity and quality of materials and services offered. 4. Contract Time. The work to be performed under this contract shall commence upon issuance of the permit. The CONTRACTOR will take all reasonable actions to pursue the permit as soon as possible. All work shall be completed within 40 working days from contract execution, Page 2 of 20 Initials Mage 105 of 710 The CONTRACTOR will continuously and diligently pursue the work with adequate crews during the term of this contract. In the event the CONTRACTOR fails to complete the work within the stated time, the OWNER may elect the option to utilize its own or outside labor forces to complete the work, and charge the cost of such work against the CONTRACTOR. If such delays cause damages for which the OWNER becomes liable, the CONTRACTOR shall reimburse the OWNER for all such costs. It is expressly understood that the CONTRACTOR shall not be liable for a delay caused by acts of god or war such as weather delays and hurricanes, unforeseen difficulty in obtaining trade approved materials for completing the job, delays caused by building inspections, delays caused by additional work, and delays caused by the failure of residents to provide access or move vehicles from hazard zones.. 5. Contract Price. The amount to be paid to CONTRACTOR shall be based upon prices set forth in Exhibit "A," for work completed, subject to approval, as to quantity and specifications. The contract payments will be based upon completion of work authorized and approved by OWNER. 6. Progress Payments. Based upon applications for payments submitted by CONTRACTOR the OWNER shall make progress payments to CONTRACTOR. CONTRACTOR will provide the OWNER with an application for payment, detailing by location all completed work as of the date of each application for payment. The OWNER shall have five (5) days to review the application for payment, and either accept or reject the application. Upon acceptance of the application by OWNER, payment shall be made to CONTRACTOR within five (5) days of receipt of application for payment. The amount paid upon completion shall be the sum of ninety percent (90%) of the signed contract. The remaining ten percent (10%) of the sum shall be held in reserve by the OWNER as retainage. The OWNER shall pay the remaining 10%® retainage, upon completion of final inspection and acceptance by OWNER or OWNER'S authorized representative. The owner shall have five (5) days to complete inspection, and provide any punch list items for correction. Please note that this contract does NOT define payment terms. Payment terms to follow upon execution of contract. 7. Final Payment. Upon completion of the work under this contract and acceptance by OWNER, including satisfactory completion of all punch list items, and upon presentation of all final releases if requested by OWNER, CONTRACTOR shall be paid the balance of the contract price. Payments that are not received within five (5) days after approval by OWNER will be considered past due and subject to a late charge of one -and one-half percent (1.5%©) per month on the outstanding balance. Please know that any unpaid balances may warrant a lien being placed upon your property. Page 3 of 20 Initials Initials Page 106 of 710 P. Warranties. Upon acceptance of work and for a period of 1 year, CONTRACTOR warrants all work performed and materials supplied under this contract to be free of defects in material and workmanship. Further, CONTRACTOR warrants that title to all work, materials and equipment covered by an application for payment will pass to OWNER either by incorporation in the repair or upon receipt of payment by CONTRACTOR, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances. 9. MISCELLANEOUS. a. Both Parties represent that they are fully authorized and empowered to enter into this Agreement, and that the performance of the obligations under this Agreement will not violate or infringe upon the rights of any third -party, or violate any agreement between the Parties and any other person, firm or organization or any law or governmental regulation. b. This Agreement, and any appendices, duplicates, or copies, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral, between the Parties, preceding the date of this Agreement. c. This Agreement may be amended only by written agreement duly executed by an authorized representative of each party. d. If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. e. This Agreement shall not be assigned by either party without the express consent of the other party. f. A failure or delay in exercising any right, power or privilege with respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege. g, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without reference to any principles of conflicts of laws, which might cause the application of the laws of another state. Any action instituted by either party arising out of this Agreement will only be brought, tried and resolved in the Circuit Court in the Fifteenth Circuit in Palm Beach County, Florida. h. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs through all levels of proceedings. Page 4 of 20 Initials Initials Page 107 of 710 IN WITNESS WHEREOF, this Agreement has been executed by all parties hereto on the dates set forth below: COASTAL CONSTUCTION SOLUTIONS, INC. -2 Authorized Agent Date i TI By: Signature Date EXHIBIT A Page 5 of 20 Initials Initials Page 108 of 710 ItemUnit Qty Unit Price Total Exterior paint of School Building SF 26000 $ 2,60 $ 67,600.00 TOTAL 67,600.00 Page 6 of 20 Initials Initials Page 109 of 710 RIONW1 • If any damaged stucco needs to be repair the unit price will be $ 16.00 per SF. • I/We hereby agree and acknowledge that the above costs approximately represent all costs to complete improvements on the above referenced property. This document only shows the cost breakdown of the estimated remediation & restoration project and it is not in any way an accurate representation of the conditions on the job site. Owner to be informed unforeseen tasks and circumstances requiring attention may arise during the completion of the project. • All and any additional charges shall take effect by the specified unit price chart and will be verified by Property Manager as to the area of repair and if it is approved or not. No work will be done without the consent of these two parties. Any change orders will be approved by the owner and be agreed to by both parties in writing. Page 7 of 20 Initials Page 110 of 710 1. Pressure clean exterior surfaces of the building. (Use a 0 degree turbo nozzle to remove peeling paint). 2. Apply one coat of Benjamin Moore Masonry Conditioner (066-01). Page 8 of 20 Initials 'Gage 111 of 710 3. Apply one coat of Ultra Spec Satin Exterior (n448) on all exterior stucco, bands, overhangs, parapet walls and previously painted surfaces. M - Page 9 of 20 Initials Mage age 112 of 710 1 . All work shall be completed in a workman -like manner and in compliance with all building codes and other applicable laws. 2. To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to perform said work, 3. Contractor may at its discretion engage sub -contractors to perform work hereunder, provided Contractor shall fully pay said sub -contractor and in all instances remain responsible for the proper completion of this Contract. 4. Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due. 5. All change orders shall be in writing and signed both by Owner and Contractor, and shall be incorporated in, and become part of the contract. 6. Contractor warrants it is adequately insured for injury to its employees and Page 10 of 20 Initials I 'tials Page 113 of 710 others incurring loss or injury as a result of the acts of Contractor or its employees or sub -contractors. 7. Contractor shall obtain all permits necessary for the work to be performed and the cost will be the responsibility of the owner. 8. Contractor agrees to remove all debris and leave the premises in broom - clean condition. 9. In the event Owner shall fail to pay any periodic or installment payment due hereunder, Contractor may cease work without breach pending payment or resolution of any dispute. 10. All disputes hereunder shall be resolved by binding arbitration in accordance with rules of the American Arbitration Association. 11, Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, acts of god or general unavailability of materials. 12. Changes in the work specifications, including material upgrades, are subject to the contractor's written acceptance, and additional charges are payable in full at the time of the request. 13. The owner will submit all material and color selections by the date the contract is signed, including an alternate choice for each item. Except by prior agreement, all selections will be standard materials available from local sources. 14. All labor and material for work covered by this contract shall not apply if final payment is not received in accordance with the terms of this agreement. 15. Contractor is responsible for all equipment and materials delivered to the site. 16. Fire and extended coverage including all risk builder insurance will be maintained by the owner and will cover materials on site as well as completed construction. 17. Any claim for damages after an inspection has been done will be addressed by Contractor accordingly but under no circumstances will the existence of such a claim delay payment of monies otherwise due. 18. The owner appoints the association manager to inspect and approve work on the owner's behalf; inspections will be made in a timely manner upon the contractor's request. 19.This agreement is based on using existing access to the work area. Unless otherwise specified, no cost have been included for repair to access areas such as driveways, walks shrubs , trees , lawns or entries. The contractor will use normal care and procedures in moving and storing materials. 20. Owner is responsible for Electricity and Water needed on the job site. 21. City permits runner up fee of $350.00 22. Coastal Construction Solutions, Inc. reserves the right to amend this proposal based on reviewing the architectural plans and engineering specifications, once the applicable governing authorities approves them. 23. If owner acquires the services of a consulting firm without notifying Coastal at the time of contract signature any change of schedule or work has to be agreed upon by all parties and compensated by the owner to Coastal on an hourly basis. The payment agreement shall be negotiated accordingly and outside this contract. If consultant provides recommendations on labor, products, schedules, tasks or similar and causes the work to be delayed or Page 11 of 20 Initials 10'aa I be 114 of 710 failure occurs then owner shall bear the financial responsibility to remedy such delay or failure. Consultant shall exercise his duties without interfering with Coastal work force on site and all recommendations, suggestions, advice, propositions or ideas shall be made in writing on a corporative level to Coastal. 1. Owner has three days following job completion to identify areas for rectification. These issues must be in line with the original contract and change orders and will be there and rectified by Coastal. Coastal will therefore consider the job completed and issue the final invoice accordingly. If the owner identify issues after the three day period, these will not be considered to be issues requiring rectification by Coastal and delay in payment will be subject to interest payment based on Florida law at 18% per annum and potential legal remedy. 24. Interest shall accrue on any unpaid balance two weeks after final walkthrough and certificate of completion of the job signed by owner at 1.5 percent per month or at the maximum legal rate permitted by law. If legal proceedings are required to collect an unpaid balance, all cost including actual attorney's fees shall be added to the unpaid balance. 25. The Contractor agrees to submit certificates of insurance covering liability property damage and worker's compensation coverage, which shall be kept in force during the entire course of the work. Contractor, during the term of this agreement shall obtain and maintain policies of insurance, in which the Association shall be named as an insured, in the form of coverage's as indicated. Policy of comprehensive public liability insurance, which shall include completed operations hazards, with limits not less than one million ($1,000,000) dollars for damages incurred by the person for any one occurrence, and not less than two million ($2,000,000) dollars for damages incurred or claimed for and one occurrence, and not for less than one million ($1,000,000) dollars for property damage per occurrence. Workers compensation insurance in limits required by statute. Owned or non -owned auto liability with limits set forth herein. Copies of the certificates of insurance for each of the policies listed above shall be furnished to the association board prior to the commencement of the work to be performed by contractor pursuant to this agreement. No policy of the insurance as required herein shall be replaced or canceled without 30 day prior written notice thereof to be sent to the association. 26. Unless stipulated otherwise, owner shall be responsible to provide upon request any up to date Survey's that may be required. 27. Unless stipulated otherwise any Architectural Plans, Drawings, Engineering Specifications, Seals or any other documentation that may be required to obtain necessary permits involving third party contractors and their fees may not be included in this contract and should be addressed separately. 28.Any existing code violation amendment is not cover by this proposal and will constitute another job. ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001- 713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A Page 12 of 20 Initials a's age 115 of 710 RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB -SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. 1. LICENSE %0 INSURED 4440 PGA Boulevard, Suite 600 Palm Beach Gardens,FL 33410 Phone (561) 337-2946 Fax (866) 542-7737 We specialize in Homeowners Associations, Construction Defect Solutions, and Construction Management & Emergency Restoration. Page 13 of 20 Initials Initials Page 116 of 710 Reference List •MONTEVERDE - (Two -Six story Buildings Total Units: 223) 1605 Renaissance Commons Blvd. Boynton Beach, FL 33426 Mrs. Marisa Lazeru (561)737 - 6825 • HARBOR LAKES — (37 buildings) 2813 South West 127th Way Miramar, FL 33027 Ms. Angelica Camacho (305)401-6724 • HILLSBORO LIGHT TOWERS — (Fifteen floors high-rise condominium, Total Units:78) 2639 N. Riverside Dr. Pompano Beach, FL 33062 Mrs. Michele Greene (954) 325 — 7885 • COASTAL TOWERS — (Sixteen story high-rise condominium, Total Units: 424) 400 Kings Point Dr. Sunny Isles Beach, FL 33160 Mr. William Vega (305) 945 — 6326 • LUDLUM CONDOMINIUM — (7 buildings) 7006-7128 NW 169th St. Hialeah, FL 33090 Evelyn Gonzalez (305) 904- 7654 • CENTURY VILLAGE —(Condos five plus story communities) 250 Century Blvd. Deerfield Beach, FL 33442 Mrs. Gloria Fuentes (888) 828 — 6464 • FAIRWAYS AT BOCA CLUB — (13 buildings) 17801 Boca Club Blvd. Boca Raton FL, 33487 Meredith Rubin (561) 398 — 1733 • APRIL BREEZE - (Four story condo, Total Units:56) 1333 E Hallandale Beach, FL 33009 Fernando Pingue (905) 323 - 5002 • LAKE DELRAY APARTMENTS — (Three story condo, Total Units:404) 700 Lindell Blvd. Delray Beach, FL 33444 Mr. Craig Kaltin (561) 278 — 6255 • WILSHIRE HOUSE — (Seven story condo, Total Units:25) 2909 S. Ocean Blvd. Highland Beach, FL 33487 Mr. Michael Mlayess (561) 265 — 3272 MERRICK PRESERVE — (21 buildings) Merrick Lane Margate, FL 33063 Mr. Westley Taylor (954) 825 — 0438 Page 14 of 20 Inifiais Initials Page 117 of 710 DEAUVILLE VILLAGE — (33 buildings) 6575 South Oriole Blvd, Delray Beach, FL 33446 Mr. Michael Shegota (561) 276 — 0255 --jyjIgnel is all • BEACON HILL —(Two story townhomes Total units: 20) 8935 NW 23,11 St. Coral Springs, FL 33065 Mr. Mike Angelo (954) 227-9556 BELFORT "0" —(Four story condo, Total units: 12 9629 N Belfort Cir. Tamarac, FL 33321 Ms. Nury Vazquez (954) 718-9903 • BOCA MAR CONDOMINIUM ASSOCIATION — (Six story condo, Total units:38) 310 S Ocean Blvd, Boca Raton FL 33432 Ms. Joan P. Camisa (516) 448 — 5091 • BOCA VERDE —(Tree story condo, Total units:48) 400 NE 201h St. Boca Raton, FL 33432 Mr. Angelo Cozza (561) 789-8128 BLUE CREST MANAGENET - (Several Condominiums) Mrs. Denise Esposito (954) 745 — 0899 • CONSOLIDATED COMMUNITY MANAGEMENT -(Several Condominiums) Ms. Nury Vazquez (954) 718 — 9903 • EMBASSY COURTS — (Two story townhomes, Total units.218) 11171 Chandler Dr. Hollywood, FL 33026 Mrs. Robin Morganstine, (964) 450 — 9400 • FAIRWAYS OF SUNRISE —(Two story townhomes, Total units: 126 8029 NW 28th Pl, Sunrise, FL 33322 Mr. Ron D'Orio (954) 745-1171 • FIRST SERVICE (Several Condominiums) Ms. Bonny Morgan (561) 575 — 3551 • GEMINI CLUB — (Twelve story high-rise condominium, Total units: 198) 336 Golfview Rd, North Palm Beach, FL 33408 Ms. Nicole Montalvo (561) 222 — 3948 • GOLDEN RAIN TREE — (Two story townhomes, Total units:56) 2551-2659 Nw 42n' Avenue, Coconut creek, FL 33066 Mrs. Beth Falikowski (954) 980 — 2904 Page 15 of 20 Initials 'gage 118 of 710 GRANDVIEW AT CRESTWOOD CONDOMINIUM - (Two story townhomes, Total units:290) 200 Crestwood Court Royal Palm Beach, FL 33411 Mr. Don Roberts (561) 964 -1550 HALF MOON BAY — (Four story condo) 7070 Half Moon Cir. Hypoluxo, FL 33462 Mr. Dick Roney (561) 585 — 9221 License General Contractor License RICK SCOTT, GOVERNOR STATE OF FLORIDA j;j1-'jvMp!1 I NAW". holl pli KEN LAWSON, SECRETARY ION A, I Nqit p, DISPLAY AS REQUIRED BY LAW SEQ L1 78 119 of 710 ANNF,-. M. GANNON P.O. Box 3353, West Palm Beadt. FL 33402-3353 CONSTITUTIONAL TAX COILLECT011 www.pbctax-corn Tet (561) 355-2264 S"wh(g Palm f1rach l: manly Serving you. TYPE OF BUSINESS CVMER 23,O95I GENERAL CONTRACTOR CRAVeZ FANESM I This document is valid only when remipted by the Tax ColloGtees office. COASTAL CONSTRUCTION SOLUTION INC COASTAL CONSTRUCTION SOLUTION INC 3070 S JOG RD GREENACRES, FL 33467 all Roof License RICK SCOTT, GOVERNOR *,LocATr--D Ar* 3070 South JOG RD GREENACRES, FL 33467 rVWsFirATIQN0 I RECEIPT BIOATE ATEjPO. Bn .AM AIe P 111, -LI CGC151VAS ..... 9+W5157491 STATE OF FLORIDA PALM BEACH COUNTY 201612017 LOCAL BUSINESS TAX RECEIPT 131 -1090 LBTR Number: 201363771 EXPIRES: SEPTEMBER 30, 2017 This receipt grants ft privilege at selgeong in or managing any business profession or oCCupaticen within its jurisdiction and MUST be conspicuously displayed at the place of business and in such manner as to be open to the view of the public. KEN LAWSON, SECRETARY STATE OF FLORIDA fi�w � I rr The ROOR N G CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2018 67 WARCH OR LAKE WORTH FLi ISSUED: W2812016 E3 yvl 13 site. Initials Page 120 of 710 0 ANNE M. GANNON CONSTITUTIONAL TAX COLLECTOR Z�htV I'mite fiew It County Serving.you. P.O. Box 3353. West Palm Beach, FL 33402-3363 www.pbctax.com Tel: (561) 355-2264 "LOCATED AT" 3070 South JOG RD GREENACRES, FL 33467 TYPE OF BUSINESS - OWNER CERTIFICATION RECEIPT *DATE PAID AMT PAID BILL A nOO81 ROOFINOCE314TRACTOR CHAVEZ ERNEsTD j CCC7330271 818,4976M-MI41I8 sv.so e40171635 I This document is Valid only when receipted by the Tax Collectors off[ce, Insurance ACOR& �MWOWM CERTIFICATE OF LIABILITY INSUDATE RANCE ORO 6i2D 4. 6M} _YWIS CERi�;FPGATE Ii ISSUED AS A-4ATTER OF CONFERS NO RIGHTS UPON -fHE CERTWICATFE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TH;S CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHOR)ZED REPRESENTATIV15, OR PRODUCER, AT40 THE CERTIFICATE HOLDER. .:MP61RTAN. II t' ' ADDITIONAL INSURED, tit,* P*kyj"Imusl have ADDIVONALiNSUR8D provisions or be alodersed. It SU13ROGATION 15 WAIVED, subject to the larm$ and tanaition% of in* policy, cotairl policies =nay require an andomwant. A mattennt o, this cedlkate do" aot confar!lghtg to the c'erlificaia P,ola., i., oot; ofzuch vont[el. CONT 7mor, P k-1,PC,,k 10,100 Tnsurance Agency InePrraee16�16AO 64 1, -G4 INC NO 1€53 Royal Palm Beloli Blvd ADORE$$, won Royal Fa'm Beach. FL 33411 wsqRInNsI' ufqtol"tp Phone' '(5RI)WI C644 Fax f�61'f45-1�62 'NSURER A Burns S Vllioox I Evanston fosursince Cornpa7iy INSURED ASURER 3 roasta; Cor',Vru_b*n Saluticm in, 3070 S laq Road NSUPER E FL 3346?- ------- C 0 VERAGES CERTIFICATE NUMBER.REVISION NUMBER_ - vmtz' i$ kk,aL BEEN SSUED TO T-iV:N5L;R--3 !ND,CATED. NGTWTHSTANEING ANY REOUAREtfENT, TERM 04CMDITtQN C,,F ANY CW, RAC' OROTHER T18S CER.', iFIGATE WkY 3t ISSUED rj MhY PERTA4N, TjlI: !NSI,1RANGE AFFORDED BY THE POLICIES DESCRSEO 1,17RFN IS SQ3jF1QT TO ALL THT 7eRAZ .ExCUMONS A"N"D CONDiTtONS I)F SUCH POO [CiFS L&IrrS Sk-MN MAY HAVE 8CIPq RFOUGEO By PAID CLADS ..SR TYP5 OF INSUFLA'NCE Auct P� OR P 1JUC V MLPVf E10 LrR, !N POLICYNIJUDEA YY"i juhumyyv) 3R. Wvo twAuLN rD I DkUAt:,E TO REAI-to �Lw5k�L'100,000 A 5.000 Y 3EA�-eeF) G, "i AG:;R,GAIE LIMiT APPLES PER vENERAI. AGWA,' A! PcLiL I ."DC ,I ' S�WULE LMT AUTGUODULE UAW Ptlr-Z ANY AU, -Q ED A IIR t: ASD-AnPv'W1'*.TAA,;E Page 121 of 710 STATE OF FLORIDA PALM BEACH COUNTY 201612017 LOCAL BUSINESS TAX RECEIPT B2 -109{1 COASTAL CONSTRUCTION SOLUTION INC LBTR Number. 201469781 COASTAL CONSTRUCTION SOLUTION INC EXPIRES; SEPTEMBER 30,2017 3070 S JOG RD GREENACRES, FL 33467 This receipt giants the privilege of engaging in or re1f44.If44 4®r4 441.41'.0 managing any business profession or occupation within its jurisdiction and MUST be conspicuously dW4)48yud at the piece of business and m such a manner as to be open to the view of the public. Insurance ACOR& �MWOWM CERTIFICATE OF LIABILITY INSUDATE RANCE ORO 6i2D 4. 6M} _YWIS CERi�;FPGATE Ii ISSUED AS A-4ATTER OF CONFERS NO RIGHTS UPON -fHE CERTWICATFE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TH;S CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHOR)ZED REPRESENTATIV15, OR PRODUCER, AT40 THE CERTIFICATE HOLDER. .:MP61RTAN. II t' ' ADDITIONAL INSURED, tit,* P*kyj"Imusl have ADDIVONALiNSUR8D provisions or be alodersed. It SU13ROGATION 15 WAIVED, subject to the larm$ and tanaition% of in* policy, cotairl policies =nay require an andomwant. A mattennt o, this cedlkate do" aot confar!lghtg to the c'erlificaia P,ola., i., oot; ofzuch vont[el. CONT 7mor, P k-1,PC,,k 10,100 Tnsurance Agency InePrraee16�16AO 64 1, -G4 INC NO 1€53 Royal Palm Beloli Blvd ADORE$$, won Royal Fa'm Beach. FL 33411 wsqRInNsI' ufqtol"tp Phone' '(5RI)WI C644 Fax f�61'f45-1�62 'NSURER A Burns S Vllioox I Evanston fosursince Cornpa7iy INSURED ASURER 3 roasta; Cor',Vru_b*n Saluticm in, 3070 S laq Road NSUPER E FL 3346?- ------- C 0 VERAGES CERTIFICATE NUMBER.REVISION NUMBER_ - vmtz' i$ kk,aL BEEN SSUED TO T-iV:N5L;R--3 !ND,CATED. NGTWTHSTANEING ANY REOUAREtfENT, TERM 04CMDITtQN C,,F ANY CW, RAC' OROTHER T18S CER.', iFIGATE WkY 3t ISSUED rj MhY PERTA4N, TjlI: !NSI,1RANGE AFFORDED BY THE POLICIES DESCRSEO 1,17RFN IS SQ3jF1QT TO ALL THT 7eRAZ .ExCUMONS A"N"D CONDiTtONS I)F SUCH POO [CiFS L&IrrS Sk-MN MAY HAVE 8CIPq RFOUGEO By PAID CLADS ..SR TYP5 OF INSUFLA'NCE Auct P� OR P 1JUC V MLPVf E10 LrR, !N POLICYNIJUDEA YY"i juhumyyv) 3R. Wvo twAuLN rD I DkUAt:,E TO REAI-to �Lw5k�L'100,000 A 5.000 Y 3EA�-eeF) G, "i AG:;R,GAIE LIMiT APPLES PER vENERAI. AGWA,' A! PcLiL I ."DC ,I ' S�WULE LMT AUTGUODULE UAW Ptlr-Z ANY AU, -Q ED A IIR t: ASD-AnPv'W1'*.TAA,;E Page 121 of 710 CERTIFICATE OF LIABILITY INSURANCE —E —1 THis cERTF$CA7E IS ISSUED AS A MATTER OF RIFORMA70N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TMS -1 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMSKC. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS-CENTMCA7E Of INSURANCE DOES NOT CoNSTI-iTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PROWCER, AND THE CERTIFtCATE P,3tLDER IMPORTANT-. Il the cattfficat fto)dtr.is .an ADDI*fONAL INSQR�D, the pokylimmust ba ondoned ff SUgPOGAT:DN ISWAIVED, subjed to the ==ns of the 0�llcy, tartan poticios may (equim an endwswtit A ttAtemo.t on' lWa tarlilioaU does "ot cooler llght2 to the lieu of such MMG , INSURANCE AGEWY INCMARIAP LACPECK — ---4 I i-13 PCIrAL PALM SF -AC FIV D 66164QM44 MCINSURANCEtaP,ICINSCOMPAt4yCD&I AL r',PVQAAE_ NFSTI PALM b.&Clt YL 34 t ',A ------------- 30170 AlIG PD PEIN V)2331ulif�4 — - ------- iCOVERAGES CERTIFICATE NUMBER: 160160,38 REVISION NUMBER: -HIS IS TO CFqr:F-? TIIAT rrsE OFNSVRANrl� LISTED Oft.0N IIAVE SEEN ISSUrD TO Illf INSURED NAMED ABOVE FOR T} -,E POLICY KURnE, NDtGA'n- KITVJ,-TyiSlAllD4NG ANY Ari:�UIREMFNT- ',EIV -1 OR t,01NDiTIUN W ANV t;QNIPACI OP. uI`HFQ DOCUMENT ',PJIIH Qlz7pFCr to 'AH.CK VHA CEjlIiF!`ALE MAY CIV SSIIEU 0); MAY PERTAiN TI,E KSURA6NcF AirnRb�D 5y THE POLICIRS CFSCRIBCD 'FRHT N li TO ALL TfIF rrkw; Lxuusow-v` j cc5Ruj, -DNS OF3UCH PGUlZS LI&OTS 8HOWN MAY HAE SCZ,14 !JES.EAXED BY PAID (;IAUS, 7- �V4Q� rfpc-3w9AAMLE Lmfs RIU. OE4CRAL LAfiwT,< 4— czvMuALZ IS. wntpp Atif. r8 IJTQ Page 122 of 710 )fi �1. 417 �i913i zY C1�1) *Mario's g'g s a , s V4 a Restoration,' HISTORIC.1% fing PRESENTED BY: Mario's Painting BOYNTON BEACH HIGH SCHOO e.:. 114 E OCEAN BOYNTON BEACH .,! 4 PREPARED E P F i ■ j. BRIANSTRATICON OCTOBER 11, 2017 Page 123 of 710 A A Mario's Paintift* Restoration & Waterprooh CGC 1515094 October 11, 2017 Mr. Brian Perrault Project Executive Sfroficon 1550 Southern Blvd., Suite 250 West Palm Beach, FL 33406 brian.perrault@straticon.com 561-204-3417 RE: BO MrON BEACH HIGH SCHOOL 4533 Relmar Driye Wert Palm Beach, FL 33415 561-968-6834 1 561-968-6436 Thank you for the opportunity to bid the project located at "1 14 E OCEAN AVE. BCT TO BEACH, FL 13435". We have t>een in, lQvsifiess sirice. 1.995 ond Mario's Painting delivers the highest quality residential and commercial finishes using superior products backed by our professional and courteous service. Mario's Painting of South Florida, Inc. hereby submits the estimates to paint and/or improve the exterior of the property mentioned above on ONE (I ) TWO-STORY BUILDING -RENOVArIONaccording to SHERWIN WILLIAMS specification We at Marios Painting will furnish the necessary labor, material, equipment and insurance to perform the work as outlined in our Scope of Work. Please let us know if there is any other information needed to assist you with your decision. Again, thank you and we look forward to working with you in the near future. Sincerely, RW424 /WW1)M6& Regional Account Manager 9q.qrnariqj..�om WEST PALM 13EACH I VERO erACH I PLANTATION I FORT MYERS I SARASOTA OFFICES 4533 KELMAA ORIVE, WEST PALIA BEACH, Ft. ,30415 Page 124 of 710 Mario's Painting I 0"Cow" Restoration & Waterproofing 4533 KeIrnar Drive West Palm Bea( -h, FL 33415 CGGIS15094 561-968-6834 1 561-968-6436 1. THIS AGREEMENT.- Hereinafter called "Agreement" or "Contract" is made and entered into on OCTOBER 11, 2017, by and between STRATICON,LLC (hereinafter "Owner") whose address is 450 SOUTHERN BLVD, SUITE 250 WEST PALM BEACH, FL 33406, (hereinafter "Mario's Painting" or "Contractor") State License Number CGCI 515094, whose address is 4533 Kelmar Drive, West Palm Beach, A 33415. 2. PAYMENT For all services performed by contractor, Owner will pay Contractor the specific price of $ 109,065.00 A Deposit in the amount of 10% is due and payable prior to mobilization. For the balance of the contract price Contractor wilisubmit to Owner periodic applications for payment of progress draws showing the percentage of completion of the various portions of the work according to a payment schedule supp4ed by Contractor and agreed by the Owner. Within ten (10), days cit delivery of any such draw request, Owner will --pay Contractor one hundred percent (100%) of the value of the work completed and materials suitably stored at the site during the period covered in the draw of the request. Payments not limeiy made shall accrue interest at the rate of 18% per annum until fLAly paid. A. CONTRACT PRICE AND PAYMENTS AS FOLLOWS: FINANCIAL PAYMENTS AS FOLLOWS- $109,065-.00 DOWN PAYMENT: 10% UPON SIGNING CONTRACT $10,906.50 SECOND PAYMENT: UPON 50% COMPLETION OF PROJECT $49,079.25 FINAL PAYMENT: UPON 100% COMPLETION Of PROJECT $49,079.25 3. SCOPE OF WORK: Mario's Painting shall be responsible to furnish all labor, materials and equipment necessary to complete the painting of ONE 0)TWO-STORY BUILDING -RE OVATI N. EXTERIOR • Chemical clean areas to be pointed • Pressure wash exterior surfaces utilizing turbo tip to remove surface contaminants • Scrape peeling paint surfaces • Seal exterior surfaces to be painted Caulk windows and cloorfromes • Point exf erior walls including; painting of previously painted medallions, monuments, archways and vestibules Breakdown: Power wash ing/Stripping (Prep) - $ 44,940.00 Painting- $ 57,420.00 TOTAL COST - $ 102,360.00 Pressure wash, clean & paint interior walls, ceiling & floors TOTAL COST - $ 6,705.00 EXCLUDED: 0 Any other areas not mentioned above. WEST PALM BCACH I VERO BEACH I PLANTATION I FORT MYERS I SARASOTA OFFICES 4533 KamAR DR111r,WEST PAUM BEACH, FL3341 5 ffw,,zy GqMa rim.com Page 125 of 710 . . . . . . . . . . . . . . . . . . . . Mario i Restoration & Waterproofing r-GC1515094 L11" WA A ;WWVL4411� 4533 Kelmar Drive West Palm Beach, FL 33415 561-968-6834 1561-968-6436 Projected start DATE , 2017 weather permitting (written by signee). Estimated completim for this project, wi# take approxim- otely I&L5 weeks weather perm �ffirig, Contractor will commence work and shall use its best -efforts to complete the work in a- timely manner subject to permissible delays. However, no damages for delays in the completion of the work shall exist in favor of Owner. STRATICON, LLC BY: TITLE: DATE: MARIOPS PAINTING OF SOUTH FLORIDA, INC. BY: DATE: TITLE: WEST PALM BEACH I VERo BEACH I PLANTATICAJ I FORT MYERS I SARASOTA OFFICES 4533 KELMAR DwE, WisT PALM BEACH, FI -33415 wvvw.Gofv1arir,9=rn Page 126 of 710 5.E. ADMINISTRATIVE 12/5/2017 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 exist: Arts Commission: 4 Regs and 2 Alts Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Education and Youth Advisory Board: 3 Regs, 2 Alts, 2 Stu, 1 NVStu Employee Pension Board: 2 Regs Historic Resource Preservation Board: 1 Reg Library Bd: 2 Regs and 2 Alts Planning and Development Bd: 4 Regs and 2 Alts Recreation and Parks Bd: 2 Regs and 2 Alts Senior Advisory Bd: 2 Regs and 1 Alts 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: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 127 of 710 ATTACHMENTS: Type Description D Other Anthony Altieri D Other Eric Ammon D Other Valencia Spells Anderson D Other Robyn Bouchard D Other Kevin Fischer D Other Lisa Browne-Banic D Other Lynne Gassant D Other Jennifer Gomez D Other Malcolm Gropper D Other Lauren Huff D Other Timothy Hunt D Other David Katz D Other Marcia Levin D Other Robyn Lorenz D Other Angelica Nevin D Other Tifany North D Other Clovis Moodie D Other Dariana Rodiguez D Other Daniel Schapiro D Other Chris Simon D Other David Sholl D Other Renee Stern D Other Tana S. Thomas D Other Alice Warren D Other Ryan Wheeler D Other Kathleen Wilkinson D Other Floyd H. Zonenstein Page 128 of 710 A. CITY OF • ADVISORY BOARD APPOINTMENT APPLICATIOh- E-mail Address: _ j t" Other Phone: Current occupation or prior occupation: 1 Are you a registered voter? Do you reside within the Boynton Beach City limits? Do you own/manage a business within the 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 so, which board(s) and when? Have you ever been convicted of a crime? If so, when --- Yes No __-Yes —No Yes No —Yes ---Yes No No 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 Library Board _ Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers' Retirement Trust Fund Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board ` :0 C, 1 r m 0 V38 tin I ,oOp t l C:\Users\EllisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 129 of 710 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. Z a& A fver I Please list any professional memberships: r 'r APW1t2-- � ' , 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 Nall. 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, any false statements may be cause for removal from a board. Signature: C:\Users\EllisS\Desktop\Master Form- Talent Bank Form - REVISED 11-9-16.doc Page 130 of 710 1106 Fosters Mill Drive, Boynton Beach, Florida 33436 (954)529-7287 anthonyaltieri 1975@grnail.com www.linkedin.com/in/DrAnthonyAltieri EDUCATION Doctor of Education, Higher Education Administration University of Florida, Gainesville, Florida Dissertation: The Pathway to Self -Authorship: Student Perspectives on a Required Service Learning Experience Master of Business Administration Lynn University, Boca Raton, Florida Specialization: Sports Administration Master of Science, College Student Personnel Administration Canisius College, Buffalo, New York Assistantships: Housing and Residence Life at Hilbert College, Buffalo, New York (1998-1999) Multicultural Affairs at Canisius College, Buffalo, New York (1997-1998) Bachelor of Arts, Sociology St. John Fisher College, Rochester, New York HIGHER EDUCATION ADMINISTRATION EXPERIENCE LYNN UNIVERSITY Boca Raton, Florida 2006 -present Lynn University is a four-year private, liberal arts institution with an enrollment of 2,700 students. The University has been recognized in U.S. News and World Report for having one of the highest percentages of international students in the nation, accounting for over 26% of the student population as well as one of the most innovative institutions of higher education in the United States. Additionally, the division of Student Affairs was identified as one of the "2017 Most Promising Places to Work in Student Affairs" by The Center for Higher Education Enterprise (GHEE) at The Ohio State University and ACPA: College Student Educators International. Vice President for Student Affairs (2017 -present) Division of Student Affairs Responsibilities • Report to the President of the University on all matters that affect the student experience and success outside of the classroom setting. • Provide supervision and direction to 10 functional areas within the Division of Student Affairs, including Dean of Students, Campus Safety, Case Management, Center for Student Involvement (leadership, clubs/organizations, student government, campus wide programming, Greek life, diversity initiatives, campus recreation and new student transitional program), Counseling Center, Health Center, Housing and Residence Life, Student Conduct and Community Standards, and Women's Center. Page 131 of 710 • Serve on the President's Executive Cabinet and represent the division to the Board of Trustees. • Serve as the Deputy Title IX Coordinator and assist with refining, training, and administrating investigations and follow-through for student complaints. • Allocate and administrate an operational budget of approximately $7 million dollars for the division. • Supervise three direct reports and 68 full and part-time employees. • Responsible for creating and promoting a community that is engaging and transformative through programs, services, and high quality interactions. • Create and refine policies and procedures, programs, and service to enhance the co - curricular experience and environment for all students. Select Accomplishments • Served as Interim Vice President for Student Affairs for 4 months prior to full appointment. Led the division through the transition of leadership during this timeframe. • Created a dynamic Student Affairs Curriculum through a comprehensive and inclusive Design Think process. • Created and implemented a mentoring program for high-risk students to enhance retention and persistence. • Successfully opened a new residential facility for upper-level and graduate students. • Contributed to the design and forthcoming opening of a new University Center. • Implemented the administration of the CliftonStrengths personal assessment tool to all first-year students for continued use for social, academic and career success. Institutional Service • Member of the Incident Command Team and a first responder for crisis situations (natural disaster, student issues, etc.) as appointed by the President. • Retention Task Force as appointed by the Vice President for Admission and Enrollment Management. Associate Dean of Students (2013-2017) Office of the Dean of Students Responsibilities • Provides direct supervision to 9 departments/areas within the Division of Student Affairs, including Student Involvement (Greek Life, programming, leadership, orientation, student organizations, and civic engagement), Housing and Residence Life, Career Center, Spiritual and Religious Life, Diversity and Multiculturalism, Campus Recreation, Health Center, Student Insurance, and the Women's Center. • Supervised 15 master and doctorate level professional staff members on the assistant dean, director, and coordinator level as well as one full time administrative assistant. • Planned and oversaw an operating budget of approximately $4 million dollars for areas of oversight. • Oversaw large-scale departmental projects to ensure they fulfill the learning objectives of transitional and retention programs, diversity initiatives, and departmental strategic initiatives. • Assisted with policy development, review, and implementation for the division. Anthony R. Altieri, Ed.D. 2 Page 132 of 710 • Led strategic planning and assessment efforts for departments. • Intentionally communicated and disseminated information to students regarding University resources, expectations, and services. • Collaborated with faculty, staff, and external agencies to establish cohesive movement toward fulfilling the mission of the division and University. • Reviewed and edited all business contracts for the division prior to submission to General Counsel. • Facilitated strategic planning for all departments of responsibility and ensure ongoing movement toward achieving goals and objectives. • Assisted with a variety of student, family, and University issues and crisis situations. • Served as divisional representative at cross -training programs with other departments and divisions. Select Accomplishments • Led a strategic internal review of the mission, vision, and core values statement for the division of Student Affairs. • Formulated, conceptualized and implemented a comprehensive, competencies -based transitional program for new students with a variety of collaborations and programs within the design to foster intellectual and social development as well as to promote retention. • Created and implemented a Peer Leader program that fosters student engagement and support for new students. The program, in collaboration with other intentional efforts, yielded a nine eight percent (98%) student satisfaction rating in its first year. • Developed and established University process and reporting template for Title IX investigations. • Individually trained University Title IX investigators to ensure consistency in practice. • Led a University -wide initiative to redesign the new student arrival and check-in procedure as well as the branding, communication, and marketing of the new student transitional program. • Facilitated the development of Director of Conduct and Community Standards, Director of Diversity and Multiculturalism, and Coordinator for New Student Transitional Programs positions within the division. • Led the creation of the Center for Student Involvement to become more inclusive of highly programmatic departments and to centralize efforts. • Developed a Peer Minister program to aid students with religious and spiritual expression and exploration. • Established dedicated meditation and reflection spaces to promote spiritual development. • Designed a highly effective and successful Pre -Orientation program in collaboration with Academic Affairs, Financial Aid, and other campus constituents. • Created a strategic and comprehensive professional development plan for the continued professional growth of divisional staff. • Developed a selective, 4 year leadership development cohort program for incoming students focused on in-depth personal exploration and reflection. Institutional Service • Title IX investigator and investigative process trainer. • First responder for crisis situations (natural disaster, student issues, etc.) as appointed Anthony R. Altieri, Ed.D. 3 Page 133 of 710 by the University Cabinet. • Retention Task Force as appointed by the Vice President for Admission and Enrollment Management. • iPad Mini Implementation committee as appointed by the Chief Information Officer. • Marketing and Website Design committee as appointed by the Vice President for Marketing. • Sustainable Energy committee as appointed by the President. • Student Affairs Assessment committee as appointed by the Vice President for Student Affairs. • Data Governance committee as appointed by the Chief of Staff. • Search committee chairperson for Director of Student Involvement, Director of Housing and Residence Life, Director of Diversity and Multiculturalism, and the Coordinators of Student Involvement hiring processes. Assistant Dean of Students (2006-2013) Office of the Dean of Students Responsibilities • Served as the Chief Conduct Officer for the University. • Coordinated and provided direct oversight to all procedures, hearings, and outcomes related to student conduct. • Provided direct oversight and supervision to the Office of Student Involvement (2010 - present). • Supervised three (3) full-time, professional staff members in the areas of Civic Engagement, Greek Life, Campus Wide Programming, and Leadership Development. • Supervised and trained Conduct Review Officers and advised on their performance regarding all conduct and mediation activity. • Provided crisis response and resolution related to parent and student issues. • Assisted students with navigating and understanding University resources and conduct procedures. • Reviewed all contracts for the Division of Student Affairs prior to submission to General Counsel. • Investigated and collected information related to potential violations of the Code of Conduct. • Planned and implemented New Student Orientation; coordinated with internal and external stakeholders, and established relationships across campus for program development. • Created, developed, and provided oversight to the Orientation Leader program. • Co -Advised Student Government Association and assisted all student clubs and organizations. Select Accomplishments • Conducted a thorough and critical review of all established student conduct policies and procedures for inclusion in a university -wide policy manual. • Established alternative education based sanctioning options for violations of the student code of conduct, including a comprehensive behavioral agreement process to guide student success efforts. Within the first two years, students opting for behavioral agreements achieved a 92% success rate of goal attainment. Anthony R. Altieri, Ed.D. 4 Page 134 of 710 • Led a re -design and expansion of the Office of Student Involvement to encompass leadership development, community service, and first year transitional programs. • Developed an Alternative Spring Break Program for yearly implementation. • Restructured Student Government to increase inclusivity and effectiveness in addressing student issues as a board of twelve students of equal voice. • Initiated a comprehensive orientation program specifically focused on the unique transitional needs of first year international students and their parents. • Developed and implemented Freshman Convocation in collaboration with Academic Affairs and University Events as a campus tradition. Institutional Service • First responder for crisis situations (natural disaster, student issues, etc.) as appointed by the University Cabinet. • ALERT Team (early intervention) as appointed by Vice President for Student Affairs. • Student Affairs Assessment committee as appointed by the Vice President for Student Affairs. • Campus Safety and Security Task Force as appointed by the Chief of Campus Safety. • Data Governance committee as appointed by the Chief of Staff. • Chairperson of Student Affairs Programming committee for the 2012 US Presidential Debate hosted at the University in October 2012 as appointed by the Chief of Staff and Senior Vice President for Institutional Advancement. ST. JOHN FISHER COLLEGE Rochester, New York 2001-2006 St. John Fisher College is a 4 -year private, liberal arts institution in the Catholic tradition of American higher education with an enrollment of 4,000 students. The College emphasizes liberal learning for student in traditional academic disciplines, as well as for those in more directly career -oriented fields. Assistant Director of Residential Life (2003-2006) Office of Residential Life Responsibilities • Assisted with the overall operation of the department including staff training and development, managing concerns of parents and students, as well as developing relationships with various campus departments and outside agencies. • Served as the Chief Conduct Officer for the College and the administration of all disciplinary procedures and hearings. • Maintained and organized conduct information and files as well as compiled and provided reports regarding disciplinary statistics on campus. Reviewed conduct policies and procedures on a regular basis. • Ensured use of proper procedures and policy enforcement for all conduct related incidents. • Assisted with the coordination and facilitation of Resident Assistant training and selection, conduct training, and departmental committee selection. • Assisted with the facilitation of the annual housing selection process. Anthony R. Altieri, Ed.D. 5 Page 135 of 710 Select Accomplishments • Facilitated the implementation process of a conduct tracking software. • Redesigned and implemented Resident Assistant selection processes for increased participation and feedback from existing student staff. • Established a conduct review board with faculty and student hearing officers as well as the training associated with the initiative. Institutional Service • Chairperson of the Resident Assistant Development committee as appointed by the Director of Residence Life. • College Wellness committee as appointed by the Director of Residence Life. • Accreditation sub -committee within the Division of Student Affairs as appointed by the Dean of Students. • Academic Advisor for first-year students. Coordinator of Student Discipline/Area Coordinator (2001-2003) Office of Residential Life Responsibilities • Provided direct oversight to a residential living area consisting of three buildings of upper-class students and facilitated the overall operation of those facilities. • Provided direct supervision of seven (7) Resident Assistants and one (1) Senior Resident Assistant. • Served as the Chief Conduct Officer for the College and the administration of disciplinary procedures and hearings. • Developed and implemented all trainings for conduct hearing officers. • Coordinated and provided oversight to campus -wide conduct procedures, hearings, and outcomes. • Ensured use of proper conduct procedures and policy enforcement. • Assisted with the coordination and facilitation of the yearly housing selection process. • Managed programming budget for assigned residential area. • Assisted with the coordination and facilitation of Resident Assistant training and selection, conduct training, and departmental committee selection. Select Accomplishments • Created a comprehensive conduct officer training manual. • Designed a programming model for departmental use and implementation focused on the multiple dimensions of student development. STATE UNIVERSITY OF NEW YORK COLLEGE AT BROCKPORT 1999-2001 Brockport, New York The State University of New York College at Brockport is a selective 4 -year, liberal arts, public institution with an enrollment of 7,100. U.S. News and World Report has ranked this institution in the first tier of master's granting colleges in the Northeast region. Resident Director (1999-2001) Department of Residential Life/Learning Communities Anthony R. Altieri, Ed.D. 6 Page 136 of 710 Responsibilities • Responsible for First Year Residence Hall of 200+ students and the direct supervision of four Resident Assistants and nine Night Desk Attendants. • Co -Advised the Residence Council and assisted with programming within the living - learning community. • Coordinated and participated in the Resident Assistant selection process. Adjunct Faculty 2007-2016 Lynn University, College of Arts & Sciences, Boca Raton, Florida • Dialogue of Justice and Civic Life 300: "Citizenship Project Revisited" (2016) • Dialogue of Self and Society 301: "Presentational Communication and Technology" (2014) • Dialogue of Self and Society 100: "Self & Society -American" (2013) • Dialogue of Self and Society 100: "Citizenship Project" (2012) • Co -Facilitated Study Abroad Trips to Mexico and the Caribbean (2007, 2009) Guest Lecturer 2014 University of Florida, College of Education, Gainesville, Florida • Lectured to doctoral students regarding qualitative research methods and conducting dissertation research. Additionally, shared practical advice to doctoral candidates embarking on the dissertation writing and submission process. Adjunct Faculty 2001-2006 St. John Fisher College, College of Liberal Arts, Rochester, New York • Freshman Seminar 100 Adjunct Faculty 1999-2001 State University of New York College at Brockport, College of Education, Brockport, New York • Education 302: "Achieving Helping Relationships in College Residence Halls" Association for the Study of Higher Education 2017 -present American Educational Research Association 2015 -present Florida College Personnel Association 2014 -present • President (2015) • Director of Professional Development (2014) NODA: Association for Orientation, Transition, & Retention in Higher Education 2014 -present Association of Student Conduct Administration • Member, Conflict Resolution Committee (2010 -present) • Representative for the South Florida Region (2008-2010) 2003 -present Anthony R. Altieri, Ed.D. 7 Page 137 of 710 ACPA: College Student Educators International 1999 -present • Directorate Board for Admissions, Orientation and First -Year Experience (2014-2015) NASPA: Student Affairs Administrators in Higher Education 1997 -present Northeast Association of College and University Housing Officers 2001-2006 • Member of Judicial Affairs Committee (2004-2006) • Member of New Professional Development Committee (2005-2006) AWARDS/RECOGNITIONS Dr. Idahlynn Karre Exemplary Leadership Award 2017 The Chair Academy, Mesa, AZ Leadership Boca `16 Cohort 2016 Boca Raton Chamber of Commerce, Boca Raton, FL "Excellence in Institutional Change" Award 2014 ACPA: College Student Educators International, Washington, DC Commission on Administrative Leadership "Volunteer of the Fear" Recognition 2012 Hugh O'Brian Youth Leadership (HOBY) South Florida, Lake Worth, FL CIVIC ENGAGEMENT Education and Youth Advisory Board 2017 -present City of Boynton Beach, Florida Board of Directors, Pediatric Oncology Support Team 2015 -present St. Mary's Hospital, West Palm Beach, Florida Chapter Advisor, Golden Key Honor Society 2014 -present Lynn University, Boca Raton, Florida Chapter Advisor, Order of Omega 2013 -present Lynn University, Boca Raton, Florida HOBY South Florida Volunteer and Planning Committee Hugh O'Brian Youth Leadership, Lake Worth, Florida 2008-2014 • Director of Program -South Florida region (2011-2014) • Facilitator (2008-2011) Volunteer and Counselor Camp Good Days and Special Times, Mendon, New York 1997-2007 Anthony R. Altieri, Ed.D. 8 Page 138 of 710 CONFERENCE PRESENTATIONS Altieri, A. & Gallo, T. (2018). The mid -manager's playbook. Paper presented at NASPA: Student Affairs Administrators in Higher Education Annual Convention, Philadelphia, PA. Altieri, A. & Weaver, A. (2017). From entry level to mid-level: Reflecting to refine your passion, purpose, and career path. Paper presented at NASPA: Student Affairs Administrators in Higher Education Annual Convention, San Antonio, TX. Altieri, A. & Adamson, L. J. (2016). A competencies -based new student transitional program. Paper presented at NODA: Association for Orientation, Transition, & Retention in Higher Education Annual Convention, Indianapolis, IN. Altieri, A., Fink, L. & Keehn, J. (2016). Is the end really coming? A dialogue of student affairs practitioners at small colleges and universities. Paper presented at NASPA: Student Affairs Administrators in Higher Education Annual Convention, Indianapolis, IN. Altieri, A. & Bender, B. (2016). A structured mentoring program for new students: A small school approach to fostering connections. Paper presented at NASPA: Student Affairs Administrators in Higher Education Annual Convention, Indianapolis, IN. Altieri, A. & Weaver, A. (2016). The pathway to self authorship: Connecting service and learning outside of the classroom. Paper presented at NASPA: Student Affairs Administrators in Higher Education Annual Convention, Indianapolis, IN. Adamson, L. J. & Altieri, A. (2015). Brew your best program: What we can learn from Starbucks. Paper presented at NODA: Association for Orientation, Transition, & Retention in Higher Education Annual Convention, Denver, CO. Altieri, A. & Bender, B. (2015). Creating community leaders. Paper presented at Florida Campus Compact (FCC) Annual Convention, Boca Raton, FL. Altieri, A., Osorio, T. & Riordan, P. S. (2015). A four -tiered approach to student success and retention. Paper presented at ACPA: College Student Educators International Annual Convention, Tampa, FL. Altieri, A. (2014). Social change model and service for life. Paper presented at Hugh O'Brian Youth Leadership (HOBY) South Florida Regional Conference, Boca Raton, FL. Altieri, A. (2013). The pathway to self -authorship: Student perspectives on a required service learning experience. Paper presented at Florida Communication Association (FCA) Annual Convention, Orlando, FL. Altieri, A. (2012). Building and leading diverse teams. Panel discussion at Hugh O'Brian Youth Leadership (HOBY) International World Leadership Congress, Chicago, IL. Altieri, A. (2012). The benefits and challenges of social media. Paper presented at Hugh O'Brian Youth Leadership (HOBY) South Florida Regional Conference, Boca Raton, FL. Anthony R. Altieri, Ed.D. 9 Page 139 of 710 Altieri, A. & Fucci, J. (2011). Personal, group and societal leadership: Foundations for social change. Paper presented at Hugh O'Brian Youth Leadership (HOBY) South Florida Regional Conference, Boca Raton, FL. Gallup Certified Strengths Coach The Gallup Organization, Washington, DC 2017 Civil Rights Investigator Training and Certification 2016 Association of Title IX Administrators, Berwyn, PA FEMA Emergency Management Institute 2016 U.S. Department of Homeland Security, Washington, DC Title IX Investigations Academic Impressions, Denver, CO 2015 Gehring Academy Principles and Practice of Administrating Conduct Processes 2003 Association of Student Conduct Administrators, College Station, TX Anthony R. Altieri, Ed.D. 10 Page 140 of 710 CITY OF BOYNTON BEACH (D ADVISORY BOARD APPOINTMENT APPLICATION 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__ ' l Ir`t Gender. Telephone Address_Z�,( L- Zip Code " Ledc� Other E-mail Address: t if�E C . C �' Phone: X�.. Are you a registered voter? ''_�_ Yes No Do you reside within the Boynton Beach City limits? Yes No Do you own/manage a business within the City limits: Yes _1z'N If "yes", name of business Are you currently serving on a City board? Yes No Have you served on a City board in the past? v'�' Yes No Have you ever been convicted of a crime? nc, If so, when 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 Library Board Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers' Retirement Trust Fund Education and Youth Advisory Board _recreation & Parks Board EmployeesPension Board Senior Advisory Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board IMNL 1JI0 < iii C a k 1 Ij O (.N 4 (IR aFP k ., J, -t CAUsers\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 141 of 710 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. t a-� Please list any professional memberships: 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, any false statements may be cause for removal from a board. Signature C:\Users\EilisS\Desktop\Master Form Talent Bank Form - REVISED 11-9-16.doc 1ew Page 142 of 710 CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATION E-mail Address: Other Phone: Current occupation or prior occup tion® r r Are you a registered voter? Yes No Do you reside within the Boynton Beach City limits? YesNo __ Do you own/manage a business within the City limits: Yes o If "yes", name of business Are you currently serving on a City board? Yes No Have you served on a City board in the past? Yes No If so, which board(s) and when? _ . , Have you ever been co Acted of a crime? If so, when 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 Library Board Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers' Retirement Trust Fund Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board t4 r 7 Ho V38 NO t Nk 08 jn C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 143 of 710 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. Please list any professional memberships: ��. 4,isitlo '�2 --r-e 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 Mail. Mailing address: P. O. 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, any false statements may be cause for removal from a board. Signature: C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form REVISED 11-9-16.doc Page 144 of 710 {, I °r Please list any professional memberships: ��. 4,isitlo '�2 --r-e 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 Mail. Mailing address: P. O. 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, any false statements may be cause for removal from a board. Signature: C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form REVISED 11-9-16.doc Page 144 of 710 CITY OF • • ADVISORY BOARD APPOINTMENT APPLICATION 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 a form will be returned for clarification. Name iFi , JC/_F ' Gender. Telephone # I FL - E-mail Address: Current occupation or prior occupation: J. ion r Other p Codeco /A yam' Education Are you a registered voter?Yes x No Do you reside within the Boynton Beach City limits? Yes Do you own/manage a business within the City limits: Yes If "yes", name of business o Are you currently serving on a City -board?— es - - Have you served on a City board in the past? No If so, which board(s) and when? Yes No Have you ever been convicted of a tri e? If so, when 1�/ 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 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 Historic Resources Preservation Board C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Library Board Planning & Development Board Police Officers' Retirement Trust Fund Recreation & Parks Board Senior Advisory Board Page 145 of 710 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. Please list any professional ,memberships: ALIS—C)E-4 Gal 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 Hal'. bailing 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 at 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. Signature: C:\Users\EIIisS\Desktop\Master Form Talent Bank Form REVISED 11-9-16.doc Page 146 of 710 ROBYN R. BoUCARD 516 Newlake Drive Boynton Beach, FL 33426 561.543.7262 Objective: To serve my community by volunteering time and sharing thoughts and ideas for the city's library that will best serve the needs of the citizens of Boynton Beach. Employment History:. 2011 -Present Data Processor II, Village Academy, Delray Beach, FL 2000-2011 Data Processor I & II, Galaxy Elementary School, Boynton Beach, FL 1985-2000 Media Clerk I & 11, Galaxy Elementary School, Boynton Beach, FL 1984-1985 Bilingual & SLD Teacher's Assistant, Galaxy Elementary School, Boynton Beach, FL 1983-1984 Dietary Aide, Bethesda Memorial Hospital, Boynton Beach, FL 1981-1982 Student Missionary, Port-au-Prince, Haiti, WI 1977-1980 Student Secretary, Nursing Department, Oakwood College, Huntsville, AL Education: 2007-2009 Florida Atlantic University, Boca Raton, FL, Undergraduate Education/Interdisciplinary Arts & Letters Department 1996-2004 Palm Beach Community College, Graduate (AA), Lake Worth, FL 1981-1982 Student Missionary, Port-au-Prince, Haiti WI *Institute Adventiste 1977-1981 Oakwood College 1977 Interlachen High School, Graduate, Interlachen, FL Continuing Education: Presently, being trained on the new Student Information System (SIS) for the Palm Beach County School District for registration and data processing (2016-2017) Yearly Data Processor training and workshops, Palm Beach County School District Yearly Florida Health -Care District Training, Palm Beach County School District Future plans to return to Florida Atlantic University to complete my studies Volunteer: 2017 -Present City of Boynton Beach, Library Board Awards: 1996 Florida Future Education Award 2003 Florida School -Related Employee of the Year AESOP Education Incentive Award (yearly) Interests: Reading, browsing bookstores/libraries and traveling. Page 147 of 710 Ellis, S a From: kevinwjf <noreply@123contactform.io> Sent: Thursday, October 26, 2017 7:43 AM To: City Clerk Subject: Advisory Board Appointment application Attachments: KevinWFischer_Resume2017.pdf Today's date 10/26/2017 Name Kevin Fischer Gender Male Phone number 404-502-7897 Address 1 Lawrence Lake Drive Boynton Beach Florida 33436 United States Email kevinwjf@yahoo.com Current occupation or, if retired, prior occupation Education Are you a registered voter? Do you reside within the Boynton Beach City limits? Senior Planner, Palm Beach Metropolitan Planning Organization (MPO) Master of City and Regional Planning, Georgia Institute of Technology; Bachelor of Science in Business Administration, University of Florida Yes Yes Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving on a City Yes board? Have you served on a City board in No the past? 1 Page 148 of 710 If "yes", which board(s) and I currently serve on the Planning and Development Board (Vice Chair) when? Have you ever been convicted of No a crime? If "yes", when and where? Advisory Board Planning & Development Board Personal I am currently the Vice Chair of the Planning and Development Board and would like Qualifications the opportunity to continue serving on the board. I have attached my resume to demonstrate my work experience in the planning profession. Professional American Institute of Certified Planners (AICP) Memberships Feel free to attach/upload an www.123contactform.com/upload®dld.php?fileid=0a076adlalbabd7289a958ebccOae05f 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 151.132.106.25 (United States) at 2017-10-26 06:43:17 on Chrome 61.0.3163.100 Entry ID: 236 Referrer:www.boynton-beach.org/officials/advisory boards.php Form Host: www.123contactform.com/form-583214/Advisory-Board-Appointment-Application Page 149 of 710 1 Lawrence Lake Drive ■ Boynton Beach, FL 33436 KEVIN W. F I S C H E R, A I C P C: 404.502.7897 / E: kevinwayahoo.com URBAN PLANNER PROFESSIONAL EXPERIENCE Senior Planner/Long Range Transportation Plan Coordinator PALM BERCI I METROPOLITAN PLANNING ORGANIZATION (MPO) ........................... MAY 2016 — PRESENT 2300 N. JOG ROAD, FOURTH FLOOR, WEST PALM BEACH, FL. 33411-2749 Responsible for all amendments and updates to the Palm Beach MPO Long Range Transportation Plan; Provide technical support for local government land use and rezoning applications and provide project review comments for County and FDOT transportation projects; Develop the annual list of priority projects which is the process for prioritizing transportation projects for inclusion in the future five-year Transportation Improvement Program (TIP); Presented at public workshops for the MPO's local initiatives and transportation alternatives funding programs, which support local government transportation improvements, including Safe Routes to School_ projects; Board coordinator for the Technical Advisory Committee (TAC), an advisory committee to the MPO Governing Board; Coordinator of the Road Impact Fee Working Group which is currently exploring alternative transportation impact fee structures for Palm Beach County; Develop and deliver presentations to the MPO committees and Governing Board Vice Chair BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD ...................................... JUNE 2015 — PRESENT 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FL. 33425 Vice Chair of the Planning and Development Board which consists of seven members responsible for reviewing and making recommendations to the Boynton Beach City Commission on development master plans and site plans, land use plan amendments, rezonings, variances, and revisions to the City's Land Development Regulations Principal Planner BROWARD COUNTY PLANNING AND DEVELOPMENT MANAGEMENT .................. APRIL 2014 — MAY 2016 115 S. ANDREws AVENUE, SUITE 329K, FORT LAUDERDALE, FL. 33301 Land Use Amendments/ Rezoning Applications: Reviewed and processed private -sector initiated future land use amendments and rezoning applications within Unincorporated Broward County and developed detailed schedules for applicants and Broward County staff to ensure timely processing and adoption of amendments; Developed analyses for concurrency compliance, including for transportation, parks, and schools; Wrote staff reports for private -sector initiated amendments for the Local Planning Agency (LPA) and the Broward County Board of County Commissioners; Reviewed future land use amendments within municipalities for consistency with Countywide authorities Page 150 of 710 ■ Comprehensive Planning: Lead planner for the update of the Transportation Element of the Broward County Comprehensive Plan; Responsible for updating components of the Intergovernmental Coordination and Broward Municipal Services District (Unincorporated Area) Elements of the Comprehensive Plan ■ Transportation Planning: Responsible for transportation planning initiatives in Broward County, with an emphasis on bicycle, pedestrian, greenway and transit projects; Provided input and recommendations for the Hazardous Walking Conditions Report, developed by the Broward County School Board in coordination with the Metropolitan Planning Organization (MPO); Coordinator of the Broward County Bicycling and Pedestrian Advisory Committee (BPAC); Membership on the following advisory and technical boards: ■ Broward Metropolitan Planning Organization (MPO) Technical Advisory Committee ■ Southeast Florida Transit Oriented Development (TOD) Working Group ■ Broward County Complete Streets Team ■ Project specific technical advisory boards ■ Environmental/Sustainability Planning: Responsible for implementing policies of the Broward County Climate Change Element, with an emphasis on expanding electric vehicle charging equipment and expanding multimodal transportation options available to residents and visitors; Member of the Drive Electric Florida Policy Committee, tasked with developing policies at the statewide level to promote the expansion of electric vehicle usage Planner RENAISSANCE PLANNING GROUP.................................................................. OCTOBER 2009 —JANUARY 2014 54 SE 6T `AVENUE (US 1), DELRAY BEAciI, FL. 33483 ■ Local Government Corridor and Redevelopment Plans: Collaborated with the City of Pompano Beach and the Community Redevelopment Agency to develop corridor plans for the entirety of US 1/Federal Highway, Dixie Highway and Atlantic Boulevard within the City of Pompano Beach; Roles included an assessment of existing land use and development patterns, performing build out analyses to determine future growth based on various land use scenarios, identifying areas most suitable for redevelopment, and developing an extensive array of land use, redevelopment, transportation, infrastructure and economic development strategies ■ Local Government Comprehensive Plan Updates: Served as an extension of local government staff to update local government comprehensive plans for multiple cities and counties; Managed task responsibilities of the project team to ensure deadlines are met and all aspects of the plan are consistent and achievable; Emphasized integration of the future land use and transportation elements to achieve sustainable growth patterns and emphasis multimodal networks ■ Florida Department of Transportation: Performed multimodal assessments to develop long range mobility plans and corridor studies to improve multimodal conditions along strategic roadways by recommending transit, land use, sidewalk and bicycle modifications; Researched the connection between mobility and economic development in order to provide strategies and public awareness materials to local governments and regional transportation authorities to highlight the importance of maintaining an efficient multimodal transportation network and supporting sustainability initiatives by reducing greenhouse gas emissions 2 Page 151 of 710 Planning Analyst KIMLEY-HORN AND ASSOCIATES, INC.............................................................. JUNE 2006 — SEPTEMBER 2009 2601 CATTI_rMEN ROAD SUITE 200, SARASOTA, FL. 34232 4431 EMBARCADERO DRIVE, WEST PALM BEACH, FL. 33407 ■ Entitlement Planning: Task Manager for future land use amendments, rezoning applications and developments of regional impact applications; Experience leading private sector initiated development proposals, in collaboration with land use attorneys, engineers and consultants, through the entire development review process; Led sub -consultant coordination for timely completion and submittal of applications; Performed research and wrote due diligence reports for a variety of land use and development proposals ® Concurrency Reviews and Due Diligence Reports: Analyzed and developed reports for new development to identify improvements and capital investments necessary to meet concurrency requirements, including for schools, transportation and parks; Developed due diligence reports for clients to assess the feasibility of new development on various properties. ■ Redevelopment Projects: Worked in the Rancho Cordova, California office for a two month period and served as a project planner for the Railyards Redevelopment in downtown Sacramento during the entitlement phase of the project; Responsible for project phasing cost estimates and source of funding, and identifying necessary permits and responsible agencies associated with each phase of development • Grant Assistance: Developed a grant assistance program for the company and led a group of analysts tasked with identifying grants available for infrastructure projects, planning initiatives and green technology implementation; Coordinated with project managers to assist in packaging this information to clients for ongoing and additional project opportunities PROFESSIONAL AFFILIATIONS AND AWARDS ■ American Institute of Certified Planners ® American Planning Association ■ Received region -wide Outstanding Analyst Award in 2008 for outstanding performance at Kimley- Horn and Associates ■ Led the Young Professionals Group and the Continuing Quality Improvement Program at Kirnley- Horn and Associates SPECIALIZED SHILLS Proficient with Microsoft Office, including Word, Excel and PowerPoint Experienced with ArcGIS application for mapping and land use analysis EDUCATION Master of City and Regional Planning. GEORGIA INSTITUTE OF TECHNOLOGY ................... May 2006 Bachelor of Science in Business Administration. UNIVERSITY OF FLORIDA ......................... May 2004 ■ Major: Finance Page 152 of 710 CITY OF BOYNTON BEACH ° ADVISORY BOARD APPOINTMENT APPLICATION 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 /3-O 9 ,na" r Gender: Telephone #_q e e-) 5, J 5 Address J rCG�1� E-mail Address: Z/ S A• Other Phone: p Code 3 3 `{ 3 Current occupation or prior occupation: S,E, / cC �r ,t- <<���,��� �/^. 3cc Sc�, �.s/•, �a t' . 2 �� t- A r7�,.� #1 — Kra 1 Education �, � . �� t c- 12e ( <T -��� :�� 5 �> Gam -, 2 % G( . 101 Are you a registered voter? ✓ Yes No Do you reside within the Boynton Beach City limits? f/ Yes No Do you own/manage a business within the City limits: Yes No If"yes"'name of business_ Are you currently serving on a City board? Yes No Have you served on a City board in the past? ,—Yes No If so, which board(s) and when? )2-, e- -D- :I 2c-- r fir_ C � �� 5 �� I'`I r !z r� c ���C v -C — Have you ever been convicted of a crime? IV -.)o If so, when AI/q 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 _ Library Board Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory BoardPolice Officers' Retirement Trust Fund Education and Youth Advisory Board _� Recreation & Parks Board Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund _ A ON Golf Course Advisory Committee Historic Resources Preservation Board n„ I gn C:Wsers\EllisS\Desktop\Master f=orm - Talent Bank Form - REVISED 11-9-16.doc Page 153 of 710 l / 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 specif=ic. Gftrnr"7yv/Y)e T zy"— cl r 1 �..r/' i D L «C `z Please list any professional memberships: oil d l s s -� �`� r uv°Innes. �: u� e � �-� �'L, � �)'-z s*�-'y �✓� �:��' � %�3 s �_ �r.�� i1 �� �i`'��.t��'t7S 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. O. 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, any false statements may be cause for removal from a board. Signatu C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc : f l :3 z / 7 Page 154 of 710 LISA BROWNE BANIC, CKM LISA. PR. EXPERT@GMAI L. COM 954-809-9815 An accomplished people -oriented team player with a successful track record in Communications, Marketing and Event Management gained in corporate, government and military business environments. Her goal -oriented competitive spirit combined with well -honed skill sets has resulted in a continuous upward career path in marketing and public relations related fields. SUMMARY OF QUALIFICATIONS & EXPERIENCE • Experienced and successful in proposal, award and grant writing for multiple industries and marketing efforts. • Over 10 years Project Management, database marketing experience in power/utilities, government, retail industries monitoring budget, customer relationship management (CRM) and phases for 6213, 132C and 132G customers. • Highly skilled in scope definition, budget, resource management, and proactive change management practices. Successfully utilized Waterfall and Agile methodologies. Proven ability to lead business and technology initiatives for on-time, on -budget implementations to assist in achieving corporate strategic goals. • Effective project liaison between business owners, end users, internal/external customers and vendors to ensure alignment on scope, project deliverables, and timelines. • Expert user/trainer CITRIX tools, SharePoint, Adobe Creative Suite, Microsoft Office/Outlook, Google +, social media. • Experienced in supporting multiple corporate campaigns as an event manager and marketing communications consultant (including print, broadcast and online tool usage). • 10 years successful career at 3 U.S. Combatant Commands, U.S. Central Command, U.S. Southern Command and National Guard Bureau, either as a government contract employee or on military work orders. • Skilled in technical writing & editing (government and commercial style guide creation and usage) including HTML/DHTML, AP, Chicago Style, Department of Defense & Military Services, and Microsoft Technical Editing • Prepared operating budgets, statements of work, purchase requests. • Managed itineraries, logistics and protocol for key leader engagements, conference VIPs and dignitaries • Certifications in Knowledge Management (KM); Completed Training for Project Management (PMP). • Creator of "Quest Diagnostics" logo and style guide 22 years ago, still in use nationally today! • United States Military Veteran serving 18 years in the US Army rising to the rank of Major, currently in the U.S. Army Reserves as Public Affairs, Signal/Communications and Human Resources Officer, POSITIONS HELD/WORK EXPERIENCE Florida Atlantic University (FAU), Boca Raton, Fla. 2017 Adjunct Professor, Public Relations & Community Affairs Marketing Coordinator/Graphic Artist (Contractor) United States Army National Guard/Army Reserves Officer 1988 - present U.S. Southern Command Headquarters Project Manager - US Army — Signal/Communications and Public Affairs Officer 2012-2016 • Successful inaugural Event Manager with over 25 countries from Western Hemisphere and almost 10 CEO/General Officer/CEO-level in attendance; managed a budget of $250K for the 1" annual Women in Military & Security Conference. • Experienced business and military professional in managing large, high profile, integrated projects which included finance/budget, logistics, Army liaison operations, research and intelligence, photography, and knowledge management. • Developed and trained personnel with use of SharePoint tools to set up and/or improve multiple layers of internal communication in over 5 departments. • Provide synchronized communication guidance in support of U.S. military operations and recommend/manage communication -related research, planning, execution, and assessment throughout U.S. Southern Command. • Conducted ghostwriting/editing for leaders in joint military operations throughout international areas of operation. CACI at U.S. Central Command Headquarters Senior Strategic Communications Specialist/Public Relations Advisor (Contractor) 2011-2012 • Recommended and coordinated local, national and international key stakeholder and Community Outreach Events. Page 155 of 710 • Successfully managed and conducted senior officers' media training and press conference rehearsals. • Developed and trained personnel on the use of SharePoint tools to set up and/or improve multiple layers of internal communication and knowledge management at U.S. Central Command Headquarters (CENTCOM). • Coordinated and improved programs and activities aimed at communicating and engaging with intended audiences, including those implemented by public affairs, public diplomacy, and information operations professionals. • Successfully interacted and coordinated with communication professions within the joint force, interagency, partner nations and non-governmental organizations. VoxI Optima Public Relations Firm Senior Strategic Communications Analyst (Contractor) 2009-2010 • Technical writing and editing for customer internal and external information documents, manuals, technical reports, business development proposals and RFPs, and policy guides. • Developed and trained use of SharePoint and Google+ tools to improve internal communication. • Advised client decision makers on how to leverage and track all strategic communications efforts for optimal effect in support of their business goals and public relations or marketing efforts including: communications planning, media training/relations, production of website, videos and multi -media products, traditional and social/new media implementation and assessment, print/marketing deliverable development. CACI/The Wexford Group International at Joint IED Defeat Organization (JIEDDO) Senior Public Relations/Strategic Communications Consultant (Contractor) 2008-2009 • Advised the Strategic Communications Chief and Strategic Communications team on how to leverage and track all strategic communications efforts for optimal effect in support of the client's mission. • Represented the client as it related to operations, acquisition, congressional and defense budget. • Established style guides and standard operating procedures for technical and internal documentation to ensure high quality content and conforming to standards. • Served as Editor -in -Chief for all external publications (print or virtual), using AP Style Book, DoD Style Guides, and Chicago Style Handbook, as appropriate (e.g., Annual Report, media articles). Alion Science and Technology Technical Editor/Outreach and Marketing Consultant/Senior Military Analyst 2003-2008 • Provided recommendations to enhance and improve marketing/communications and technical editing support for their customers/projects (including Base Realignment and Closure Act [BRAC] and Future Combat Systems [FCS]). • Developed and led proposals, strategic marketing plans, crisis communications plans and marketing campaigns, consequently improving internal and external publicity exposure by 1,000% (e.g., Web sites, trade publication articles, speaking opportunities at targeted events, conferences, EXPOs). US Army/National Guard assignments Project Officer 2002-2003 • 2002 Salt Lake City Winter Olympics: Emergency Management Team/Liaison officer with local governments • National Interagency Civil -Military Institute (NICI): Managed webmaster and multimedia team • National Guard Bureau (NGB): Training, Operations, Media Relations Merwin Creative Marketing, Seattle, Washington / New York, New York Executive Director 1999-2002 • Account Supervisor, Microsoft, Compaq Computers, Hewlett Packard and their co -branding marketing campaign budgets averaging $2.5M • Executive Producer for over 20 Microsoft in-house training videos and printed collateral Creative Team Leader for over 10 COMPAQ advertising campaigns with budgets totaling over $50M EDUCATION/CERTIFICATIONS M.A. credits: Organizational Leadership, Gonzaga University and University of Washington B.A., Public Relations, Broadcast Journalism, Gonzaga University TRAINING/CERTIFICATIONS/PROFESSIONAL AFFILIATIONS • Top Secret Clearance/SCI Refresher Training, 2016 Lisa Browne Banic - Resume Page 156 of 710 • Joint Staff Sexual Assault Prevention & Response Training, 2016 • Human Rights Awareness Training, 2015, 2016 • Operations Security (OPSEC) Refresher Training, 2015, 2016 • International Knowledge Management (KM) Institute, KM Certification, 2015 • Department of Defense- Intermediate Leadership Education 2015-16; Officer Adv Course, 2005; Officer Basic Course, 2000-2001 • Project Management Academy, Project Management Professional (PMP) Exam Prep Course, 2015 • Combating Trafficking in Persons (CTIP) Training, 2015 • Department of Defense -Security Training, 2014; -United Nations Training, 2013 • Department of Defense, Army, National Guard Public Affairs Refresher Training, 2007, 2009, 2011 • Defense Information School, Public Affairs Certification, 2006 • Microsoft Technical Writer/Editor, Certification 1996 PROFESSIONAL AFFILIATIONS • Public Relations Society of America (PRSA) — President 2017 • Gonzaga University Alumni Association • International Association of Business Communicators (]ABC) • United States Rowing Association (USRA) • Knowledge Management Institute (KMI) • AFCEA (Government & Private Sector Signal Communications association) Lisa Browne Banic - Resume Page 157 of 710 From: info <noreply@123contactform.io> Sent: Sunday, September 24, 2017 11:49 AM To: City Clerk Subject: Advisory Board Appointment application Attachments: Gassant_ Resume _2017_HR_&_ScholarCC_Revised.pdf -- - C) , Today's date 09/24/2017 Name Lynne (Wideline) Gassant Gender Female Phone number 561-767-5870 rn Address 1099 Fairfax Circle W Boynton Beach FLORIDA 33436 United States Email info@scholarce.com Current occupation or, if retired, prior occupation Education Are you a registered voter? Do you reside within the Boynton Beach City limits? Do you own/manage a business within City limits? Human Resources Administrator at Boca West Master Association & Founder of Scholar Career Coaching After School Mentoring and Scholarship Programs Master's in Human Resources Management from Florida International University and Bachelor's Degree in Public Management from Florida Atlantic University Yes Yes Yes If "yes", name of Scholar Career Coaching Mentoring & Scholarship Programs business: Are you currently serving No on a City board? Have you served on a City board No in the past? If "yes", which board(s) and when? I Page 158 of 710 Have you ever been convicted of No a crime? If "yes", when and where? Advisory Board Education and Youth Advisory Board Personal I graduated from Florida International University with a Master's Degree in Human Qualifications Resources Management and Florida Atlantic University with a Bachelor's Degree in Public Management. When I am not spending quality with my husband and 2 years old daughter, I devote my free time to Scholar Career Coaching (ScholarCC), a nonprofit organization that was created to coach, motivate, and support South Florida high school students, particularly ESL through mentoring and scholarships. I was nominated and recently accepted the Champion of Service Award from Volunteer Florida. The Award was presented by Governor Scott and the Florida Cabinet. Professional *SHRM (Society for Human Resources Management). Memberships *Sigma Gamma Rho Sorority, Inc. *Board Member/President: Scholar Career Coaching After School Mentoring & Scholarship programs. Feel free to attach/upload an w-,,,,w.123contactform.com/u-pload did php?fileid=19831bcd2b96465bb857b35b989bb9ba 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 107.214.40.233 (United States) at 2017-09-24 10:48:58 on Chrome 60.0.3112.113 Entry ID: 234 Referrer: www.boynton-beach.org/officials/­­education and youth advisory board.php Form Host: www. 123contactform com/form-583214/Advisory-Board-Appointment-Application Page 159 of 710 LYNNE W. GASSANT, MSHRM Boynton Beach, FL 33436 ♦ (561) 767-5870 ♦ wgLjillau@gmail.com EDUCATION Florida International University Florida Atlantic University MS in Human Resources Management $A in Public Management 5/2015 8/2012 Founder & Executive Director Scholar Career Coaching (www.scholarcc.com) 12/2012- Present Responsible for daily operations, mentoring and scholarship programs. Oversees fundraising, sponsorships, recruitment, budgeting/finance, public relations and PR/marketing team. HR Administrator Boca West Master Association 6/2017- present Work closely with BWMA health insurance providers to ensure that all compliance with regulations are met and enrollment meetings are held as required. Conduct recruitment for open positions and process all new hires. Process open enrollment, employee requests, and changes to health coverage in a timely manner. Conduct investigations of employee complaints or concerns, advise staff about steps of progressive discipline system and counsel managers on employee issues. Work closely with BWMA 401(k) provider and company trustees to ensure that compliance with all regulations are met, enrollment meetings are held as required and proper record of attendance at such meetings is maintained. Maintain and update all pertinent information, per legal requirements, including but not limited to I-9 forms, driver's licenses, and emergency contact information. Arrange for periodic training within respective departments and develop training programs as needed. Process worker's compensation when an injury to an employee has occurred. Assist Accounting/Business Administrator with the Worker's Comp. Independent Job Preparation Coach 2/2017 present Utilizing over 8 years of human resources experience coaching job seekers in resume writing and job hunting preparation HR Manager Braman Motorcars (BMW, Mini, Porsche, Bentley/Rolls-Royce) 1/2016-1/2017 Supported 360+ employees within 5 dealership franchises. Calculated monthly accruals and posted accruals based. on anniversary (DOH). Recruited and Interviewed candidates for vacant position for all departments. Conducted orientations for all new hires. Handled all FMLA, Intermittent leave of absence and worker's comp requests. Handled OSHA 300 work related injuries annually. Handled monthly headcount and turnover reports. Coordinated various employee events such as health fairs, training, and open enrollment meetings. Handled with manager's employee relations issues and ensured they are handled in a fair and consistent manner. Administered terminations/separations, COBRA terminations, and processed 401k eligibility/termination as needed. Informed managers of 90 days probationary period and processed terminations accordingly. Conducted monthly medical benefits meetings and 401k meetings. Human Resources Generalist Mizner Country Club 3/2011-1/2016 Screened and interviewed hourly candidates for open position and processes background checks and drug test for potential new hires. Conducted orientations for all new hires. Processed payroll bi-weekly and created weekly payroll report for managers. Processed PTO, and sick requests for all departments. Maintained all electronic employee records into CertiPay (software system) including updating & changing personal information, rate changes, benefit information, direct deposit info etc. Administered all benefit plans from enrollment through termination; processed monthly payment for each benefit. Maintained employee confidence and protected operations by keeping human resources information confidential. Maintained quality service by following organization standards. Prepared reports, memos, letters, and other documents, using word processing, spreadsheet, database, and/or presentation software. Administered 90 day and annual review system and monitors completion. Human Resources Assistant Lifeskills South Florida 1/2010 -1/2012 Performed administrative and office support activities for the Human Resources Manager, Office Manager and Executive Director. Scheduled and coordinated meetings, appointments for Executive Director, which also included travel and lodging arrangements. Prepared monthly birthdays, pre-employment packets, and orientation packets. Executed routine office activities such as form filling, and other administrative services. Prepared and maintains list of monthly evaluations due for appropriate departments. Opened, sorted, and distributed incoming correspondence, including faxes and email. Food & Beverage Department Ocean Property Marriott Hotel 3/2007 - 08/2009 SKILLS & QUALIFICATIONS Microsoft Office (excel, word, outlook, publisher), Certipay HR/Payroll system, Timeco timekeeping system, Compli onboarding system, People -Trak HR software, talent+ talent system, ICism talent system. Page 160 of 710 CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATION 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 JENNIFER (3()MEZ Gender: �'' Telephone # ( 1-59 7 (e 13 Address P) I _ Zip Code 4 35 I ^ Other E-mail Address: ,� 1 CD "n , Jtr\r\, (90 t°Z • e—,rnv Phone: The Law Urices o Current occupation or prior occupation: Jennifer Gomez, P.A. 140 S. Universiry Dr. Suite B /115�PlaLntation- EL RA324 I Ed W off m Are you a registered voter? Yes o Do you reside within the Boynton Beach City limits? o Do you own/manage a business within the City limits: Yes v No If "yes", name of business Are you currently serving on a City board? Yes Y No Have you served on a City board in the past? Yes No If so, which board(s) and when? Have you ever been convicted of a crime? If so, when V 0 Where---- Please here__.__ ,._ 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 Library Board _ Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers' Retirement Trust Fund Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 161 of 710 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. Please list any professional memberships: 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 Nall. 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, any false statements may be cause for removal from a board. Signatu C:\Users\EII;sS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc rr� a Page 162 of 710 Ellis, Shayla From: MalGropper <noreply@123contactform.io> Sent: Friday, November 17, 2017 5:32 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 11/14/2017 Name Malcolm Gropper Gender Male Phone number 561-654-8583 Address 44 Island Dr Boynton Beach F133436 United States Email MalGropper@gmail.com Current occupation or, if Retired retired, prior occupation Education BS - Accounting, Wilkes College, 1964 Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? - If "yes", name of business: ' Are you currently serving No TO r "= on a City board' w Have you served on a City No board in the past?,$ If "yes", which board(s) and when? -1J rn .. Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Planning & Development Board Personal Qualifications 1) I developed and/or built Planned Unit Developments over a 30 year career in Florida, New York, New Jersey, and Illinois. The communities ranged in size from 400 - 8,000 dwelling units. 2)1 either directly handled or managed the zoning/planning approval process including site design, application and presentation of the site plan approval application in multiple jurisdictions. 1 Page 163 of 710 3) Elected as a "Town Councilman" in Holmdel Township, Monmouth County, New Jersey. Approximately from 1988-1992. 4) I was an "Adjunct Professor of Real Estate /Executive in Residence" at Florida Atlantic University from 2000-2008 Professional Memberships Previously a member of: -Urban Land Institute -New Jersey HomeBuilders Association -Gold Coast HomeBuilders Association -Florida HomeBuilders Association -National Association of HomeBuilders -New York State Society of Certified Public Accountants -American Institute of Certified Public Accountants Feel free to attach/upload an 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 66.176.128.56 (United States) at 2017-11-17 17:32:00 on Firefox 56.0 Entry ID: 242 Referrer:www.boVnton-beach.org/officials/advisory boards.php Form Host: www.123contactform.com/form-583214/Advisory-Board-Appointment-Application Page 164 of 710 CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATION 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 Gender: Telephone #-- oa _8S GLOLD4 a Other Phone: Are you a registered voter? Yes -No Do you reside within the Boynton Beach City limits? Yes __ pyo Do you own/manage a business within the City limits: Yes No If "yes", name of business Are you currently serving on a City board? __ Yes _— o Have you served on a City board in the past? Yes No If so, which board(s) and when? Have you ever been convicted of a crime? If so, when 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 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 Historic Resources Preservation Board CAUsers\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Library Board Planning & Development Board Police Officers' Retirement Trust Fund Recreation & Parks Board Senior Advisory Board 1.. ,8W1,ki Page 165 of 710 What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or o anization) which you feel would ake you a. good candidate for th)s board? Please be specific. 7LAr11-9r14-Jv 9n -411-L) Tr±&- 109Z'l iA It feS k CA a- rl� also love- ae, z 7 mal!e e— (v'� Coal ni a nr. Please list any professional memberships: 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. O. 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_berein are true and accurate. I understand that, if appointed, any false statements may �� 'yserfor r val from a board. Signature: C:\Users\EllisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 166 of 710 Ili, Shayla From: tlh4545 <noreply@123contactform.io> Sent: Friday, November 03, 2017 12:42 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 12/08/1979 Name Timothy Hunt Gender Male Phone number 561-248-2703 Address 1323 nw 8th court Do you reside within the Boynton Beach F133426 United States Email tlh4545@aol.com Current occupation or, if Building code inspection retired, prior occupation Education High school- Trade school Are you a registered voter? No Do you reside within the hes'" Boynton Beach City limits? Do you own/manage a No business within City limits? 7 If "yes", name of business: Mn Are you currently serving No on a City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Building Board of Adjustment & Appeals Personal Qualifications Working construction for the last 22 years for both private and government. Currently working as a Plumbing building code inspector/ plan reviewer for local government, Professional Memberships License Journeyman plumber Palm Beach County. 1 Page 167 of 710 Backflow repair and test certified. State license LP/ Natural gas license. Plumbing inspectors license by the state of Florida and international code Council. Plumbing plans reviewer licensed by the state of Florida and international code Council Feel free to attach/upload an 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 174.227.1.90 (United States) at 2017-11-03 11:42:16 on Phone 11.0 Entry ID: 237 Referrer:www.boynton-beach.org/officials/code compliance board.php Form Host: www 123contactform.com/form-583214/Advisory-Board-Appointment-Application Page 168 of 710 CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATION 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. Na Address_ ( i 1 i V r:M' _Telephone 1 Code 1 Other E-mail Address: Phone: Current occupation or prior occupation: 'J Eu Are you a registered voter? VYes o Do you reside within the Boynton Beach City limits? =Yes o Do you own/manage a business within the City limits: Yes o If "yes", name of business Are you currently serving on a City board? s No Have you served on a City board in the past? Ys No TL-- ___L!_1_ 1_ _ _ .1 . . . Have you ever been convicted of a crime? If so, whenMQWhere 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 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 Historic Resources Preservation Board C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Library Board lanning & Development Board Police Officers' Retirement Trust Fund Recreation & Parks Board Senior Advisory Board Page 169 of 710 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. Please list any professional memberships: 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, any false s ements may a cause for removal from aboard. Signature: I Date: (. C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form REVISED 11-9-16.doc Page 170 of 710 Ellis, Shaxla From: marcialorilevine <noreply@123contactform.io> Sent: Wednesday, October 18, 2017 4:47 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 10/18/2017 Name Marcia Levine Gender Female Phone number 917-693-4729 Address 625 Casa Loma Blvd 808 Boynton Beach Fla 33435 United States Email marcialorilevine@gmail.com Current occupation or, if Account Executive for Health Now MD TV ( sub. Of South Florida PBS) retired, prior occupation Education Hunter College grad Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? If "yes", name of business: co= Are you currently serving No r on a City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Arts Commission Personal Qualifications A good place to start this conversation would be here: When Albert Paley's sculpture " Cavalcade" appeared outside my window, I was delighted. What I didn't expect was the barrage of "comments" on Facebook groups. I found it fascinating. I loved seeing how art stirred the emotions, (positive and dare I say negative ❑) of the community. I Page 171 of 710 I saw someone suggest " if you don't like what you see... come to an Arts Commission meeting". "wow, I want to see what goes on there (as I'm a newcomer to Boynton). I'm a creative person, not an artist per se, I decorate my home with passion&art, I dress & sell creatively. I will bring a fresh sales/ mkt perspective with an open heart and mind. Professional Memberships linkedin.com/in/marcialevine Here you will find: Job experience Professional Affiliations Skills Feel free to attach/upload an 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 206.214.134.167 (United States) at 2017-10-18 15:46:37 on iPhone 11.0 Entry ID: 235 Referrer:www.boynton-beach.org/officials/arts commission.php Form Host: www.123contactform.com/form-583214/Advisory-Board-Appointment-Application Page 172 of 710 CITY OF BOYNTON BEACH •' ADVISORY BOARD APPOINTMENT APPLICATION 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. Gender: Telephone # i Other NUMMENT-T! Current occupation or prior occupation: MCI Zip Coe d CD ter-, Are you a registered voter? — Yes c o Do you reside within the Boynton Beach City limits? Yes Do you own/manage a business within the City limits: Yes o If "yes", name of business rn Are you currently serving on a City board? _.4 _aYes o Have you served on a City board in the past? Yes No If'so, which board(s) and'when? Have you ever been coni ed of a crime? If so, when U 0 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. °r Arts Commission Library Board Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers' Retirement Trust Fund Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board C\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 173 of 710 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. Please list any professional memberships: 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, any false statements may be cause for removal from a board. Signatu C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form REVISED 11-9-16.doc Page 174 of 710 CITY OF BOYNTON BEACH ' ADVISORY BOARD APPOINTMENT APPLICATION 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. ame rQ } I Gender: Telephone # Address 1 Zip Code E-mail Address: C _ ( OtherPhone: Are you a registered voter? Yes _ No Do you reside within the Boynton Beach City limits? Yes"No Do you own/manage a business within the City limits: Yes No If "yes", name of business _ _ _ _ Are you currently serving on a City board? Yes No Have you served on a City board in the past? Yes —No If so, which board(s) and when? s R r b -+- Have you ever been convicted of a crime? If so, when m Where---- Please here—__ M 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 Library Board Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers' Retirement Trust Fund Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc 31,3 S-',1831 tiI rk ti 0 3 nn pi I,II qC1t Page 175 of 710 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. eUrr Over, )5 vears ex r-� e- o co, i a r ed tl Ca- ;6'6y) Please list any professional memberships: / 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. O. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Valent 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, any false statements may be cause for removal from a board. Signature s�- C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form REVISED 11-9-16.doc 10 I Page 176 of 710 Dear City Commission Members, As I resubmit my application to continue on the Education and Youth Advisory Board, I would like to address my current residence being outside the City limits. As part of a newly created position I currently hold at Florida Atlantic University, Advisor -In -Residence, I must reside in a Freshman residence hall for the duration of my contract. My children, of whom I have shared custody, currently live in Boynton Beach with their father part-time. I am still heavily involved in city events and activities. In addition, I have every intention to return to Boynton Beach once my contract is over, but could not see letting this ground breaking opportunity pass me by. I am the very first Advisor -in -Residence in the state of Florida! I hope you will still consider me as a strong, viable member of the Education and Youth Advisory Board. After only one year on the board, I was chosen as Vice President. In addition, over the past two years, I have been at all but one board meeting, as I was away at a professional conference during that time. I take my membership on this board very seriously and feel strongly that we are doing good work. With Tremendous Thanks and Respect, Angelica Bruno Nevin Current Vice President of the Education and Youth Advisory Board. Page 177 of 710 Page 178 of 710 CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATION 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 Gender: Telephone # p Address _sd'�`'i ,.��" (J'. E-mail Code" IcOther c °� Phone: of or occupation: c Education_ �h,,� 4 t �' a r q '��a"y %✓(t_�t _" t Are you a registered voter? _ _`Yes No Do you reside within the Boynton Beach City limits? Yes No Do you own/manage a business within the City limits: o If "yes", name of business Are you currently serving on a City board? Yes No Have you served on a City board in the past?Yes No If so, which boprd(s) and when? Have you ever been convicted of a ime? If so, when �1j �. 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 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 Historic Resources Preservation Board C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Library Board Planning & Development Board Police Officers' Retirement Trust Fund Recreation & Parks Board Senior Advisory Board Page 179 of 710 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. Please list any professional memberships: 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. O. 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 stgtge�, ents and answers provided herein are true and accurate. I understand that, if appointed, any false starerr�Pents may be cae for removal from a board. a Date: �" J Signature: C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form REVISED 11-9-16.doc Page 180 of 710 CITY OF BOYNTON BEACH ' ADVISORY BOARD APPOINTMENT APPLICATION 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 / dic Gender:Telephone #5V401 M N E-mail Address' Current occupation or prior occupation: Education Other Phone: u r a.�vr Code Are you a registered voter? es No Do you reside within the Boynton Beach City limits? _ es No Do you own/manage a business within the City limits: _ Yes No If "yes", name of business Are you currently serving on a City board? Yes No Have you served on a City board in the past? Yes If so, which board(s) and when? Have you ever been convicted of a crime? If so, when 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 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 Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund Recreation & Parks Board Senior Advisory Board ME 301 o ),IU I A j,) HO in �A,-Jq .1C t, =.i C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 181 of 710 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. Cf,-Imel) Please list any professional memberships: 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. O. 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, any f se statements may be cause for removal from a board. Signature: �+ Date: d C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form- REVISED 11-9-16.doc Page 182 of 710 From: dariana.rodriguez <noreply@123contactform.io> Sent: Wednesday, November 15, 2017 11:28 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Activity_list_for_Daria na_Rodrig uez.docx Today's date 11/15/2017 Name Dariana Rodriguez Gender Female Phone number 561-859-8087 Address 8 Walcott Dr Boynton Beach Fl 33426 United States Email dariana.rodriguez@saintandrews.net Current occupation or, if Student retired, prior occupation Education Student Saint Andrew's School Are you a No registered voter? Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving Yes on a City board? Have you served on a City board Yes in the past? If "yes", which board(s) and Education and Youth Advisory Board (August -2 0 16 - present day) when? I Page 183 of 710 Have you ever been convicted of No a crime? If "yes", when and where? Advisory Board Education and Youth Advisory Board Personal Refer to Activity Sheet attached. Qualifications Professional Refer to Activity Sheet attached. Memberships Feel free to attach/upload an w-ww.123contactform.com/upload dld_php?ftleid=7bbb364ad8a9a04c43b4c5lb43eddb28 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 73.204.170.16 (United States) at 2017-11-15 23:27:38 on Safari 8.0.8 Entry ID: 240 Form Host: www.123contactform.com/form-583214/Advisory-Board-Appointment-Application Page 184 of 710 Activity list for Dariana Rodriguez 1. Date(s) participated in activity: August 2015 through present day Name of Activity/ organization/ location: Saint Andrew's School Model Congress Club, Boca Raton, Florida Description of duties: Helps educate other students regarding current events and helps in events regarding politics, such as a mock election. Documents and chronicles all events the club participates in with photographs and takes on additional duties delegated from other officers as they arise, while also helping less experienced delegates prepare for conferences the club participates in such as Princeton Model Congress. Role/ tltie: Historian and Delegate (Sophomore year) Member (Freshman year) 2. Date(s) participated in activity: November 17 — 20, 2016 Name of Activity/ organization/ location: Princeton Model Congress, Washington D.C. Description of duties: Wrote bill(s) that the United States Senate Committee on Intelligence would deal with, debated those of other delegates in committee sessions, full red senate sessions, and full senate sessions. Wrote bill(s) on different "crises" such as a threat of the leaking of confidential information regarding American Intelligence. Role/ title: Delegate on the Select Red Senate Committee on Intelligence Date(s) participated in activity: August 2016 through present day 3. Name of Activity/ organization/ location: Education & Youth Advisory Board (EYAB) of Boynton Beach, Boynton Beach, Florida Description of duties: Members chosen by the mayor attend and participate in all board meetings where members vote and debate in order to make decisions, such as how much money is donated to certain organizations that deal with the youth of Boynton Beach, when fundraisers are organized, and how to advertise them. Members must also participate in all fundraisers/ events hosted by the Board. Role/ title: Student Non-voting Member (2016) 1 Student Voting Member (2017) Date(s) participated in activity: September 2016 (1 day) a. Name of Activity/ organization/ location: EYAB Shred-A-Thon b. Description of duties: Carried boxes of paper to truck where paper was shredded. Spoke to donors about the scholarship the money was being donated towards and helped monitor event. c. Role/ title: EYAB Volunteer 4. Date(s) participated in activity: February 2015 through present day. Name of Activity/ organization/ location: Palm Beach Pool Doctor Inc. in Palm Beach County, Florida Description of duties: Finds addresses that fulfill certain criteria, such as location and pool type, to send direct mailing cards to, from business. Helps in designing and creating direct mailing cards and other logos. Creates, designs, and updates Facebook page for Page 185 of 710 company, while also photographing events hosted by company. Creates advertising videos regarding the company and its services. Role/ title: Palm Beach Pool Doctor Advertising Executive 5. Date(s) participated in activity: August 2016 - May 2017 Name of Activity/ organization/ location: Capstone Project Description of duties: Self-driven project in which students pursue a question/problem of choice and create a physical end product, dedicating a minimum of 24 hours to project. Topic I am pursuing is Anorexia Nervosa. Research and interviews that are followed up by a meeting with a mentor are done periodically. Final Physical project that is being created is a short film, describing the struggle of a young girl struggling with this disease that will be presented in front of all freshman and sophomore classes. Role/ title: Student Capstone Student Pilot 6. Date(s) participated in activity: January 8 — 13 2017 Name of Activity/ organization/ location: Civic Education Course, Close Up Foundation, Washington D.C. Description of duties: 6 Days in D.C. partaking in Close Up's student civic education course. During day 3, mock-congress occurred. Voted in by peers as Chairwoman to represent bili regarding gun control in front of all organization; the bill passed. On final day, voted in as representative of workshop 4 by peers. Wrote and presented speech summing up Close Up experience during closing banquet. Role/ title: Student Participant, Chairwoman, Workshop 4 speaker/ representative. 7. Date(s) participated in activity: January 2014 — present day Name of Activity/ organization/ location: Okeeheelee (International Spanish Academy) Middle School Ambassador, Greenacres, Florida Description of duties: Speaks and helps organize open houses regarding the International Spanish Academy at Okeeheelee Middle School and discusses personal experience in program. Speaks and helps parents and students throughout application process and acts as translator for those who lack fluent English or Spanish. Volunteers and helps organize and prepare graduating students for Junior Model Congress hosted by school in May, while also helping by reading position papers and voting on best one. Role/ title: Ambassador 8. Date(s) participated in activity: August 2015 through present day Name of Activity/ organization/ location: Saint Andrew's School Operation Smiles, Boca Raton, Florida Description of duties: Helps educate community on cleft lip and cleft palate. Helps organize fundraisers at school such as Penny Wars in order to raise money to donate to lower income families to give children suffering from this birth defect the ability to have free surgical care. Role/ title: Member Date(s) participated in activity: August 2016 through present day Page 186 of 710 9. Name of Activity/ organization/ location: Literary Magazine, Saint Andrew's School, Boca Raton, Florida Description of duties: Engages in friendly discussion and kindly critiques other student's literary works, ranging from poems to graphic art, while also submitting own personal poems and short stories. Helps in creating the club's literary magazine and helps plan Upper School Poetry Night. Role/ title: Member 10. Date(s) participated in activity: May 2014 (1 day) Name of Activity/ organization/ location: Junior Model United Nations, (International Spanish Academy) Middle School A�.�bassador, freenacres, Florida Description of duties: Delegate in Junior Model United Nations. Researched and wrote position paper from the standpoint of the United States and later debated topics regarding human rights such as the Syrian refugee issue facing Europe. Role/ title: United States Delegate on Human Rights I I . Date(s) participated in activity: July 2014 through present day Name of Activity/ organization/ location: Comedic and cinematic YouTube channel Description of duties: Writes, films, and edits different comedic videos along with cinematic videos. Posts videos that light heartedly discuss a series of wide ranging topics, while also creating cinematic video blogs and documenting important moments in personal life. Role/ title: Content creator, editor, and actor. 12. Date(s) participated in activity: January 2016 — March 2016 Name of Activity/ organization/ location: Varsity Track, Saint Andrew's School, Boca Raton, Florida Description of duties: Ran girl's mile, helped post official scores around track, and assisted coach with small errands. Role/ title: Varsity Girl's Mile Runner 13. Date(s) participated in activity: August 2016 — Present Day Name of Activity/ organization/ location: The Director's League, Saint Andrew's School Boca Raton Description of duties: Working on hosting an international film festival at Saint Andrew's School. Also creating multiple short films with the club and club members. Role/ title: President Page 187 of 710 From: dmschapiro <noreply@123contactform.io> Sent: Thursday, November 30, 2017 1:41 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 11/30/2017 Name Daniel Schapiro Gender Male Phone number 561-350-9018 Address 1810 Edgewater Drive Boynton Beach FL 33436 United States Email dmschapiro@gmail.com Current occupation or, if retired, prior occupation. Business Owner 71t. Education MBA : Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? . ' Do you own/manage a Yes business within City limits? If "yes", name of business: EB Performance LLC Are you currently serving Yes on a City board? Have you served on a City Yes board in the past? If "yes", which board(s) Current Parks board member and when? Have you ever been convicted of a crime? If "yes", when and where? Advisory Board Personal Qualifications Professional Memberships Feel free to attach/upload an extra sheet or resume. W Recreation & Parks Board I Page 188 of 710 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 67.191.92.178 (United States) at 2017-11-30 13:41:05 on Chrome 62.0.3202.94 Entry ID: 245 Referrer: www.boynton-beach.org/officials/advisory boards.php Form Host: www.123contactform.com/form-583214/Advisory-Board-Appointment-Application Page 189 of 710 ADVISORY BOARD APPOINTMENT APPLICATION LAO:k'o CITY OF BOYNTON BEACH � 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 K'M e lS '55E P&C,4 Gender: lq Telephone # X61 - q3(G - ? C Address )5' t el X, -0]'r4-);V%—' W 06ZAi %a -JG, Zip Code 33gs ' Other E-mail Address: rx_� 'G% 10.5,31r�k , n ge Phone: Current occypation or prior occupation: �2 riJf_�r'•-t" Ni _�'af/i-� r �? ,"`�, �_ SF ti/Gs2.� L> � 1 w.. s (� �-�r 9�5G1�-'fir. , li�+•t i�� c..� Education &—Cc_ S6z&4ct – �,ZAFX7G 2Ky S)y,.l %2; L&,3e.P"7.0r' 6Z�V' - it g"u jw 3 i r Are you a.registered voter? Yes No Do you reside within the Boynton Beach City limits? Yes No Do you own/manage a business within the City limits: Yes =No If "yes", name of business Are you currently serving on a City board? Yes No Have you served on a City board in the past? Yes No If so, which boardwh s) and e c: �? h G Have you ever been convicted of a crime? j43 If so, when 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 _' Library Board . Building Board of Adjustment & Appeals f Planning & Development Board Community Redevelopment Advisory Board Police Officers' Retirement Trust Fund Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund Golf Course Advisory Committee c Historic Resources Preservation Board Page 190 of 710 r'" C':• ;_ Macintosh HD:Users: chrissimonmac07:Documents:Microsot User Data:Saved Attachments: Master Form -Talent Bank Form -REVISED ST 9 16 ,d6c Page 190 of 710 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. ?A5' VaGg2 L )'-1 D)5 s2%r Cr) 2G-►�GG�Q,r✓i Lam' i — {JL % — VC)e--3 -A- Please list any professional memberships: Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Bouievard, City i-iaii. Bailing address: P. 0. Box 310, Boynton Beach, FL 33415-0310. It viii 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, any false statements may be cause for removal from a board. Signature: Macintosh HD: Users:chrissimonmacO7:Documents: Microsoft User Data:Saved Attachments: Master Form - Talent Bank Form - REVISED 11-9-16[1].doc Page 191 of 710 vj -51k - ktL S ; e, -.2-iLkb (� Af`�./I-.r�7 �32..��`�—'`i{�S � � ���-7i l �!. l!•as'.i> fit n�i.,'�� �i;i�L. D)5 s2%r Cr) 2G-►�GG�Q,r✓i Lam' i — {JL % — VC)e--3 -A- Please list any professional memberships: Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Bouievard, City i-iaii. Bailing address: P. 0. Box 310, Boynton Beach, FL 33415-0310. It viii 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, any false statements may be cause for removal from a board. Signature: Macintosh HD: Users:chrissimonmacO7:Documents: Microsoft User Data:Saved Attachments: Master Form - Talent Bank Form - REVISED 11-9-16[1].doc Page 191 of 710 CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATION 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 I 13 �n Gender: d"� Telephone # I Sr d Address j y% Other E-mail Address: _ _W i Phone: Current occupation or prior occupation: _ ou S�ry , 0"- �4 Education 3 , e 0014CA, SDVa U;J� ?4 ,k 9,,,c,4 b - k. -tempLE Are you a registered voter? Do you reside within the Boynton Beach City limits? Do you own/manage a business within the 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 so,which board(s) ano when: Yes No Yes No Yes No Yes _—No Yes No Have you ever been convicted of a crime? If so, when 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 Library Board Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers' Retirement Trust Fund Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board b iLl f NO � INA ng jo k1 C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 192 of 710 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. e Lk 11 c tj vvA r-ef o � � �- a� J cdl%[�Vnfotko r4 641 t Please list any professional memberships:_ ° �� �� e� ��� y sk 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, any false statements may be cause for removal from a board. SignaturE C:\Users\EllisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 193 of 710 CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATION 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. Address 12 J -11 � Other E-mail Address: � . , .a ,� 3 �' �'' Phone: Current occupation or prior occupation: -<c Education CJ Are you a registered voter? y' Yes rn o Do you reside within the Boynton Beach City limits? ✓�Yes Flo Do you own/manage a business within the City limits: Yes _%No If "yes", name of business Are you currently serving on a City board? Yes -�--,—Yes No Have you served on a City board in the pa ? If so, which board(s) and when? _No W51111119 1 .r Have you ever been convicted of a crime? If so, when 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 Library Board Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers' Retirement Trust Fund Education and Youth Advisory Boards Recreation & Parks Board Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund _ Golf Course Advisory Committee Historic Resources Preservation Board C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 194 of 710 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. Please list any professional memberships: 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, any false statements may be cause for removal from a board. Signature: Date:�� C:\Users\EllisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 195 of 710 CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATION 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. Nam e , . Gender: Telephone #C a I { Address I c� r P\ Ce-. —r Zip Crade L Other E-mail Address: 52e Phone: 7 Current occupation or prior occupation: Education t ���� r . ' e Are you a registered voter? Do you reside within the Boynton Beach City limits? Do you own/manage a business within the 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 so, which board(s) and when? Have you ever been convicted of a crime? If so, when N) I.O� Where - Yes _ No Yes � �No Yes No v' Yes No Yes No 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 Library Board Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers' Retirement Trust Fund Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 196 of 710 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. e 2 LA Please list any professional memberships: 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 Fall. 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, any false statements may be cause for removal from a board. Si C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc •.,,.may(. e R � '✓' P- _ Page 197 of 710 I am a senior at Santaluces Community High school where I am the Lieutenant of the Criminal Justice academy. I and creative and possess great organization skills. I have a great perspective as it relates to my generation and the issues with equal access to a quality education. I have been a Youth and Education board member for the past two years and I am interested in continuing to positively support the mission and goals of the board. Page 198 of 710 Alana Simone Thomas 6 Kerry Place a Boynton Beach, Florida 33426 e 561-376-8064 a alana.tho as19420),g ail. o A self -motivated and enthusiastic high school senior seeking opportunities that will challenge my academic abilities and enhance my leadership skills. Santaluces Community High School —Lantana, FL a Criminal Justice Academy (CJ) The Criminal Justice Academy provides insight into careers in law enforcement and the American criminal justice system. This program exemplifies the importance of teamwork and servant leadership. Grade Point Average: 3.80 Honors Point Average: 4.46 Class rank: 14 / 591 Palm Beach State College — Lake Worth, FL Dual Enrollment Student GPA: 3.84 Extracurricular Activities Academic School Year Position/Responsibilities Santaluces High School Marching Band 9-11 General Member/Master Sergeant Criminal Justice Academy 9-12 Academy Cadet (9), Corporal (9-11) Sergeant (11), Lieutenant (12) Sound Tech Band 10 Instrumentalists City of Boynton Board Member Education and Youth Advisory Board 10-12 *appointed by the City Commission Palm Beach Youth Court 9-12 Youth Court Attorney Volunteer St. John Missionary Baptist Church 9-12 Multimedia Assistant Technology& Nursery Ministry Nursery Assistant Tri -M Music Honors Society 10-11 General Member National Honors Society 10-12 General Member Honors & Awards Academic School Year Description Palm Beach County Youth Court Santaluces High School Honor Roll Corporal of the 2018 Criminal Justice Class Marching Band Student of the Year Outstanding Community Service Award Criminal Justice Student of the Year Sergeant of the 2018 Criminal Justice Class Palm Beach County Solo and Ensemble Cadet of the Month — April Lieutenant of the Criminal Justice Academy Palm Beach County Sheriff's Department Criminal Justice Academy Cadet of the Year 9-12 2014-2017 Youth Attorney Volunteer Award 9-12 GPA of 3.5 and higher per nine weeks 9-11 Selected by a panel of officials from The Palm Beach County Sheriff's Department 9-11 Selected from the Class of 2018 band members 9-11 The most service hours for the Class of 2018 10 Selected from the Class of 2018 Criminal Justice Academy members 11 Selected by a panel of officials from The Palm Beach County Sheriff's Department 11 Superior Ranking 11 Award by the Palm Beach County Sheriff's Office for Outstanding Leadership 12 Selected by the 2018 Academy Class and Instructors from the Sheriff's Office 12 Selected by the Criminal Justice Instructors from the Palm Beach County Sheriff's Office Page 199 of 710 Thomas 2 Community Service Academic School Year Position/Responsibilities Palm Beach County State Attorney July 2017 — present Responsible for assisting unit Special Victims Unit Intern attorneys prepare for court; executing clerical duties as needed; shadow attorneys in court. Palm Beach County Youth Court August 2014 — present Attended trainings to become Youth Attorney Volunteer Youth Attorney where I am responsible for representing and mentoring first time youth offenders to keep them out of the juvenile and adult court system. Criminal Justice Academy August 2014- present Organize fundraisers and events to raise money for the academy special projects: the Wounded Warriors (veterans) and Race for the Cure (breast cancer). City of Bovnton Beach Education August 2015 — present Responsible for identifying the And Youth Advisory Board educational needs of at -risk youth in Boynton Beach; making recommendations to the City Commission on how those needs can be met; conduct fundraisers to support the academic initiatives for the city. Criminal Justice Academy August 2016 - present Participate in assigned school and Honor Guard community events such as parades, Football games, graduation and any other special events Galaxy Elementary School August 2012- present Assist group leaders with Afterschool Enrichment Program supervision of school-age youth in an after-school and summer program setting; provided tutoring for struggling students; DJ for school dances. St. John Missionary Baptist Church August 2012 — present Technology Ministry Nursey Ministry Assist with the audio-visual operations during church services. Assist with the supervision of infants - 5year old during church services. Total volunteer hours: 1123 Page 200 of 710 CITY OF BOYNTON BEACH ' ADVISORY BOARD APPOINTMENT APPLICATION 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. , 1 rs Name4Gender: r Telephone !® X12 Address (1 r r, L4Y` ZipCod Are you a registered voter?%,ZYes No Do you reside within the Boynton Beach City limits? Yes o Do you own/manage a business within the City limits: Yes No If "yes", name of business Are you currently serving on a City board? Yes No Have you served on a City board in the past? _ Yes No . If so, which board(s)And when? Have you ever been convicted of a crime?I If so, when Where° Please indicate which advisory board you are seeking appointment. For board listing, requirements, r po s'j ities and meeting times and dates, see pages 3 and 4 attached. NJ xco — Arts Commission_ Library Board Building Board of Adjustment & Appeals Planning & Development Bo c3 ®� Community Redevelopment Advisory Board Police Officers' Retirement Trost Qii _ Education and Youth Advisory Board Recreation & Parks Board Employees' Pension BoardSenior Advisory Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 201 of 710 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. �Zr4v:z�, V, , , '2� (/ D " q, -� ) /"? �f �- &V y Please list any professional Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 Fast 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, any false statements may be cause for removal from a board. e: Signature: � - _Dat�'� I U 1 C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 202 of 710 CITY OF • • ADVISORY BOARD APPOINTMENT APPLICATION 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 AwL Gender: Telephone # 5 /— — 2 Address 11120 4 J _ Zip Code y' Other E-mail Address: - -- - - Phone: J Current occupation or prior occupation: Education_&5 — i -s r Have you ever been convicted of a crime? If so, when.,_AjQ 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 Library Board Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers' Retirement Trust Fund Education and Youth Advisory Board Recreation & Parks Board _ Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board C:\Users\EllisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 203 of 710 Are you a registered voter? Yes _Yes `" Do you reside within the Boynton Beach City limits? ` Do you own/manage a business within the City limits: Yes u If "yes`, name of business _ -01 Are you currently serving on a City board? Yes - Have you served on a City board in the past? Yes _.- - v _ If so, which board(s) and when? Have you ever been convicted of a crime? If so, when.,_AjQ 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 Library Board Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers' Retirement Trust Fund Education and Youth Advisory Board Recreation & Parks Board _ Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board C:\Users\EllisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 203 of 710 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 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. O. 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, any false statements may be cause for removal from a board. r Signature: C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 204 of 710 Ili, S axl From: 1signer <noreply@123contactform.io> Sent: Thursday, November 30, 2017 12:20 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 11/30/2017 Name Kathleen Wilkinson Gender Female Phone number 561-376-6208 Address 2458 SW 23rd Cranbrook Dr —A Boynton Beach FL 33436 Are you a registered voter? United States Email 1 signer@bellsouth.net Current occupation or, if Student retired, prior occupation Education 11th grade BBHS —A Are you a registered voter? No @ ; Do you reside within the yes Boynton Beach City limits? "=4 C, Do you own/manage a No •p business within City limits? F rq Ln If "yes", name of business: Are you currently serving yes on a City board? Have you served on a City yes board in the past? If "yes", which board(s) EYAB 2 yrs and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Education and Youth Advisory Board Personal Qualifications Professional Memberships Feel free to attach/upload an extra sheet or resume. 1 Page 205 of 710 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 107.77.215.124 (United States) at 2017-11-30 12:19:55 on Chrome 56.0.2924.87 Entry ID: 244 Referrer: www.boynton-beach.org/officials/education and youth advisory board.php Form Host: www.123contactform.com/form-583214/Advisory-Board-Appointment-Application Page 206 of 710 CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATION 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 / LrA_—'/VGender: / vl Telephone # ` Addres-'dp YA)7;�ljs% _ _ __! Zip CodeOther _5�� y _ E-mail Address: l �s� r� r ® Phone: Current occupation or prior occupation: 1 � 1.,R, 2k 5-e4e) e-, rot'j, Are you a registered voter? Do you reside within the Boynton Beach City limits? Do you own/manage a business within the 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 so, which board(s) and wh_eq , -1, Have you ever been convicted of a crime? If so, when Where el Yes No es No Yes 1 --No Yes No .Yes No 11 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 —Library Board Building Board of Adjustment & Appeals /---planning & Development Board _ Community Redevelopment Advisory Board _ Police Officers' Retirement Trust Fund Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board Senior Advisory Board FirefightersPension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board , :I 3 WV U 1.1f) I i C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc 3 1 3 .�� 3 .kii H3 j' 4.t,C g l4i Page 207 of 710 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. Please list any professional memberships: 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. O. 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, any false statements may be cause for removal from a board. Signature: C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Date: ' LL( Page 208 of 710 CONSENTAGENDA 12/5/2017 REQUESTED ACTION BY COMMISSION: Approve the "Stor-All Luxury RV & Boat Storage" record plat, conditioned on the approval being the certification of the plat documents by Gary Dunmyer (City Engineer). EXPLANATION OF REQUEST: Approve the record plat that supports the development of the subdivided land in accordance with the Site Development plan titled "Stor-All Luxury RV & Boat Storage" The subject plat has been reviewed by the Utilities Department, Planning and Zoning Division, Building Division, Engineering Division, and the City's consulting surveyor, to ensure conformance with the site plan approval and the applicable State and City's platting and zoning requirements. Staff recommends approval of the record plat as presented subject to final signatures by the City Engineer and Mayor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed development cannot be implemented until this proposed recorded plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued until the proposed plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. FISCAL IMPACT: N/A ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 209 of 710 ATTACHMENTS: Type D Attachment Description for -All Luxury RV Boat Storage Plat Page 210 of 710 Viz` �al d` ss a�a waa__ L NiN�dN __J 514 V T�T a `+1 p oz U n n > �o rc NM _ o a z �1 m mI ba N < - a x o U �Q < Z W a = - oazo $v na o �x Ew ¢ j o U Z O wU w w¢ — m Y o m (7 a < m ri^ �QO¢ Do= 0.o a oo moa g �az �,o o >o�� N> im V� zo � U O O it -Kt _ �1 El a - o — <� D z - a= _ - �m = ox m dmo m� . a m ooa . a s mm o o V o a M, o............ 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O rc - i o - Jwa Q _ U 0. I I aw a I I I I I I I I I I I I I I 0 I a I � I � I I I I I I I o _ lm lea Iz fiL'9L zo M,fiZ.LS.fi9S X55» z N I oo _ HiHON F I`Ue� a o m oo G GNV3 �xm _0 W a g _ ' o Iz \ ^I z Lam) < Q LLJ rl 1 a -> W O na W or�gQ�11 I z6 o� r UU W alI I CION U � 15 z w x11 II o Na S Zo �o 00 0 o s U Q �S a:E— I 1 mem I Il a `_ `- - �m oz w m Sia t ✓p~ oo'o 3� oP m a o �; mgr 1 N 1 ' 1►4 a c� o §I ieS 1 - \ �' t t z i z i 1`8&si las J I o; sm„ I N ALs IJryI i I I a i i L5 w C` a I liOZ ✓N s ii wa a sp I= 101, s w I - we LLIz3w0`0 I I I I _ aocZ _ o I � it 8•'S 11 1 8&5 J rc - wo o I Nm IZU " 5 do k isaffs M7 HDdVN I I I I I a I � I � I I I I I I I 6.B. CONSENTAGENDA 12/5/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-122 -Authorize the Mayor to sign an Easement Agreement with Florida Power & Light Company (FPL) to grant an easement for water and sewer utilities at FPL's Boynton Beach Service Center located at 9293 South Military Trail. EXPLANATION OF REQUEST. As part of improvements at the Florida Power & Light Company (FPL) Boynton Beach Service Center located at 9293 South Military Trail, FPL will grant a 12 ft. easement for water and sewer utilities to the City of Boynton Beach. A non-exclusive, perpetual easement will be granted to the City for the sole purpose to construct, reconstruct, lay, install, operate, maintain, repair, replace, improve, remove and inspect water and sewer utilities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Easement Agreement will have no effect on City programs or services and will allow Boynton Beach Utilities to provide and maintain water and sewer service to the property. FISCAL IMPACT: Non -budgeted None. ALTERNATIVES: Not approve the Easement Agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 216 of 710 ATTACHMENTS: Type Description Resolution appro\Ang the City's acceptance of FPL Utility Easement FPL Easement Agreement Page 217 of 710 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION R17- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING AN EASEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA POWER & LIGHT TO GRANT AN EASEMENT FOR WATER AND SEWER UTILITIES AT FPL'S BOYNTON BEACH SERVICE CENTER LOCATED AT 9293 SOUTH MILITARY TRAIL; AUTHORIZING THE MAYOR TO SIGN THE EASEMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as part of improvements at the Florida Power & Light Company (FPL) Boynton Beach Service Center located at 9293 South Military Trail, FPL will grant a 12 foot easement for water and sewer utilities to the City of Boynton Beach; and WHEREAS, a non-exclusive, perpetual easement will be granted to the City for the sole purpose of constructing, reconstructing, laying, installing, operating, maintaining, repairing, replacing, improving, removing and inspecting water and sewer utilities. 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 23 hereof. 24 25 26 27 28 29 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and accept an Easement Agreement from Florida Power & Light to the City of Boynton Beach for water and sewer utilities at FPL's Boynton Beach Service Center located at 9293 South Military Trail; and authorizes the Mayor to sign the Utility Easement Agreement, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\BB767828-8F99-4521-87AC-F8E40D4E31F7\Boynton Beach. 8006.1. Utility_ Easement (FPL 9293_S_Military_Trail)_-_Reso.Doc Page 218 of 710 30 PASSED AND ADOPTED this day of , 2017. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 CITY OF BOYNTON BEACH, FLORIDA 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) VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\BB767828-8F99-4521-87AC-F8E40D4E31F7\Boynton Beach. 8006.1. Utility_ Easement (FPL 9293_S_Military_Trail)_-_Reso.Doc Page 219 of 710 Prepared by and after recording return to: Florida Power & Light Company Corporate Real Estate Dept. Attn: John Olinger 700 Universe Boulevard Juno Beach, Florida 33408 Parcel I.D. No.: 00-42-45-23-00-000-1050 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Easement") is made and entered into this _ day of , 2017 ("Effective Date") by and between Florida Power & Light Company, a Florida corporation ("Grantor") and the City of Boynton Beach, a political subdivision of the State of Florida, ("Grantee"). WITNESSETH: WHEREAS, Grantor is the fee simple owner of certain real property located in Palm Beach County, Florida, being more particularly described and depicted on Exhibit A ("Easement Premises") attached hereto and incorporated herein by this reference; and WHEREAS, Grantee desires to obtain, and Grantor desires to grant, a non-exclusive easement over, upon, across, through, within and under the surface of the Easement Premises according to the terms conditions, provisions, covenants, promises, requirements, obligations and duties hereinafter set forth. NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee, intending to be legally bound, hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Grant of Easement. Grantor does hereby sell, convey, bargain and grant unto Grantee, its successors and assigns a non-exclusive and perpetual easement over, upon, across, through, within and under the surface of the Easement Premises for the sole purpose to construct, reconstruct, lay, install, operate, maintain, repair, replace, improve, remove and inspect water and sewer utilities but not for any other purpose. 3. Reservation of Grantor Rights. Grantor hereby reserves all rights of ownership in and to the Easement Premises and keeps, saves, preserves, maintains, and reserves unto itself and to each and all of its successors and assigns, all of Grantor's rights and interests in and to the Easement Premises. Grantee shall not interfere with Grantor's use of the Easement Premises, or with the facilities of or use of the Easement Premises by any person or entity which has a right to use the Easement Premises; provided, however, Grantor shall not unreasonably interfere with or prevent Grantee's use of the Easement Premises for the purpose described and authorized herein. (00201925.1 306-9001821) Page 1 of 7 Page 220 of 710 4. Grantee Encumbrances. Grantee shall not, without express prior written agreement with and prior approval from Grantor, directly or indirectly create or cause any lien, mortgage, security pledge, or any form of encumbrance(s) to be applied to or affect the Easement Premises. Grantee shall permit no liens or claims of lien to be filed against the Easement Premises and shall promptly discharge or transfer to bond any lien that may be filed against the Easement Premises by reason of Grantee's activities thereon. It is understood and agreed by Grantee that it is not given any lien rights against the Easement Premises, and any such rights are hereby waived and released. 5. Design, Construction and Maintenance. At all times during the Term of this Easement, in order to protect persons and property, Grantee, at its sole expense, shall maintain the entire Easement Premises, Maintenance shall include all types of repair and maintenance which are typical and customary according to the purpose for which this Easement is granted. Grantor shall have the right, but not obligation, to direct Grantee to perform maintenance as deemed necessary in the sole opinion of the Grantor. Before commencing any type of digging, drilling, excavation or other work below the ground surface, Grantee shall, as required by law, determine if any underground utility infrastructure exists within the location where such below -ground activity is expected to occur. All design, construction, repair and maintenance of facilities and improvements within the Easement Premises shall comply with Grantor's instructions and specifications along with all applicable laws. To avoid interference with Grantor's use of the Easement Premises and/or by any other person or entity authorized to use the Easement Premises, and to ensure each proposed construction and maintenance activity is acceptable to Grantor, Grantee shall not perform construction or maintenance within the Easement Premises until approved in writing by Grantor. For all construction and maintenance within or directly affecting the Easement Premises, Grantee must notify and obtain approval from Grantor prior to performing any design, construction or maintenance work within or directly affecting the Easement Premises and facilities therein. Such approval shall not be unreasonably withheld. If an emergency situation occurs which requires immediate repair of any facility within the Easement Premises to prevent injury to persons or property, then Grantee may at its discretion handle the repair itself and/or hire a Contractor and direct that Contractor to commence repair of the facility(ies) within the Easement Premises. In the case of an emergency situation, Grantee shall notify and consult with Grantor by telephone and/or electronic mail as soon as possible. 6. Indemnity. Grantee understands and agrees that the Easement Premises and facilities therein, along with Grantor's adjoining real property is and will continue to be utilized and operated by Grantor and by other entities and there exists risk of injury to persons and damage to property associated with use and maintenance of the Easement Premises by Grantee and other entities Grantee understands and agrees that Grantee's use of the Easement Premises and facilities therein is and always shall be on an "as is" basis and that Grantor, along with its parent, subsidiaries, affiliates and each of their respective officers, directors, employees, and agents (individually and collectively, "Grantor Entities") does not in any way make, offer, extend, deliver, give or provide unto Grantee or any other person or entity, any form of explicit or implied warranty, guarantee, promise, commitment, or representation concerning the safety, condition, quality or fitness of the Easement Premises or any facility located therein for any use or purpose. Grantee agrees to use and maintain the Easement Premises and facilities therein and to accept and exercise all of its rights, privileges, covenants, promises, requirements, obligations and duties granted herein at Grantee's sole risk and expense and with no liability or expense to Grantor Entities. Subject to the limitations contained in Section 768.28, Florida Statutes, and at Grantee's sole cost and expense, but at no cost or expense to Grantor Entities, Grantee shall indemnify, defend, and hold harmless Grantor Entities from all litigation, legal actions, legal proceedings, claims, demands, arbitrations, liabilities, costs, expenses, losses, fines, penalties, damages, awards, settlements, and fees (including, but not limited to, attorneys' fees, paralegal's fees, litigation costs through all trial and appellate levels and any costs and disbursements related thereto) which arise or result from, and/or are in any way caused by, (00201925.1 306-9001821) Page 2 of 7 Page 221 of 710 associated with, related to, or connected with this Easement and/or by use and/or maintenance of the Easement Premises and/or facilities therein by Grantee and/or by Grantee's officers, directors, employees, agents, contractors, subcontractors, vendors, tenants, licensees, grantees, members, invitees, visitors, or other persons or entities, unless directly caused by gross negligence of Grantor Entities. If other entities are given rights to utilize the Easement, Grantee shall not be liable for any damages, including costs and expenses, caused by their actions. This section shall survive expiration or termination of this Easement coextensively with other surviving provisions of this Easement. Nothing herein shall constitute a waiver of Grantee's entitlement to sovereign immunity. 7. Insurance. Grantee acknowledges, without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, that Grantee is self-insured for general liability under Florida sovereign immunity statutes with coverage limits of $200,000 per person and $300,000 per occurrence, or such monetary waiver limits that may change and be set forth by the legislature. 8. Default and Waiver. If Grantor believes that Grantee has failed and/or is failing to adequately perform, or comply with, any term, condition, provision, covenant, promise, requirement, obligation or duty contained in this License, then Grantor shall send a written notice of default to Grantee describing the default. In which case, Grantee shall immediately commence all necessary action(s) to cure the default(s). A notice of default may also describe specific action(s) which Grantee must undertake to correct the default(s). All defaults must be cured by Grantee no later than forty five (45) days immediately following Grantor's notice of default, and if any such default is not cured within the above prescribed forty five (45) day time period, then Grantor may pursue any remedy available at law or in equity, or available pursuant to the terms hereof, or otherwise available. Grantor may, but is not required to, also commence any other action to cure any default(s) if Grantor believes in its sole discretion that such action is necessary and prudent. Upon Grantor's demand, Grantee shall reimburse Grantor for all costs paid by Grantor to cure Grantee's default(s). Grantor may notify Grantee of a default at any time regardless of the period of time which may have elapsed since the default first occurred or became known to Grantor, and the passage of time shall not constitute a waiver of such default nor a waiver of any term, condition, provision, covenant, promise, requirement, obligation or duty to which Grantee is bound or obligated to abide by, nor shall the waiver of any right occasioned by a default in any one or more instances constitute a waiver of any right occasioned by either a subsequent default of the same obligation or by any other default. This paragraph shall survive expiration or termination of this Easement coextensively with other surviving provisions of this Easement. 9. Governing Law and Venue. All litigation, legal actions, and legal proceedings which arise or result from, and/or are in any way caused by, associated with, related to, or connected with this Easement are and shall be governed and interpreted according to the laws of the State of Florida (excluding its conflicts of laws provisions) and the federal laws of the United States of America and in the event of any litigation arising hereunder, the venue for any such litigation, shall be in any federal or state court having jurisdiction in Palm Beach County, Florida. 10. Jury Trial Waiver. GRANTOR AND GRANTEE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE NOW AND FOREVERMORE, EACH AND ALL OF THEIR RIGHT(S) THAT EITHER PARTY HAS NOW OR MAY HAVE AT A FUTURE TIME TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION UNDER, BASED UPON, ARISING FROM, ASSOCIATED OR CONNECTED WITH, OR RELATED TO THIS EASEMENT AND/OR GRANTEE'S RIGHT OF EASEMENT CREATED AND GRANTED HEREIN, OR ANY DOCUMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENT (WHETHER ORAL OR WRITTEN) OR ACTION OF OR BY GRANTOR AND/OR GRANTEE. ANY PARTY HERETO MAY FILE A COPY OF THIS EASEMENT WITH ANY COURT AS CONCLUSIVE EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF ANY RIGHT THEY MAY HAVE TO TRIAL BY JURY. (00201925.1 306-9001821) Page 3 of 7 Page 222 of 710 11. Amendments. This Easement may not be changed, modified, altered or amended, except by a subsequent written agreement mutually executed by and between Grantor and Grantee, or their respective successors or assigns. [SIGNATURES AND ACKNOWLEDGEMENTS APPEAR ON FOLLOWING PAGES] IN WITNESS WHEREOF, Grantor has caused this Easement to be executed, acknowledged and delivered, all as of the Effective Date. Witnesses for Grantor: Signature: Print Name: Signature: Print Name: STATE OF COUNTY OF Grantor: Florida Power & Light Company, a Florida corporation By: Print Name: It's: The foregoing instrument was acknowledged before me this day of 12017, by , as of Florida Power & Light Company, a Florida corporation, and who is duly authorized to execute this document and is personally known to me or has produced as identification. [NOTARIAL SEAL] (00201925.1 306-9001821) Notary: Print Name: Notary Public, State of Florida My commission expires: Page 4 of 7 Page 223 of 710 The foregoing was accepted and approved on the _ 2017, by Resolution No. R17- of the City located in Palm Beach County, Florida. IM Judith Pyle, CMC, City Clerk Approved as to Form and Legal Sufficiency: James A. Cherof, City Attorney (00201925.1 306-9001821) day of , Commission of the City of Boynton Beach Steven B. Grant, Mayor Page 5 of 7 Page 224 of 710 Exhibit A: Page I of 2 A portion of Parcel 1D# 00-42-45-23-00-000-1050 DESCRIPT10N A �2 FOOT W,9,TERLINE EAF=EMENT 81EING A PORTON QF THE NC',RTH F;6C, FEET C,,f THE EAU 1320 FEET 01F THE �-'-OUTHEAST 'JNE QUARTER ( SE gJ1 OF THE NDRTHEA�-'-T rNE -1 /4 F SEI-ITIO N 2. , T(A HI--' 4TI. ")D,)TH, R -A,14'E 42 EAA`+T, PALM BEACH C',PTY, I-Er�S THE NO)'?TH 71' FEET, AN -0 LES -, THE EA -ST 60 FEET THENE01'. HEING M'QRE PARTICJI-ARLY DE'CRIBED A --.i FOLLCYNS: "OVVIENCINC AT THE s:THEA-._7 CORNER OF THE Nc'-kTH 66u FEET OF THE EAST lafv FEET OF THE SCIL)TH EAST ONE ,„.,1A TE' "SE 1/0 OF THE NfJ'THEA`�T (NE 1/0' OF SECTION 23. TCVoM:,HIP 4-b SOUTH, RANCE 42 EAST, PALV' LEACH CDUNTY, LESS THE NORTH FEET, AND LESS THE EA: -,T 50 FEET THEREOF, ANP THE 1AEST RIOHT-OF-W,A.4 LINE OF SOEL)TH MILITARY TRAIL THEN(,E ALONG .,SAID WE!T R1',',HT-,"F-11&AY UNE 'SC"C-'CCA' 00`N. A 01ETAN'CE OF a.&Fjl FEET 72 THE POINT OF BEG,1NN1NG;THENCE 'NIT'INUING' SOUTH UO-UV00" AIEST ALIC 'AIS -IF -WAY UNE, A j--'-ISTANjl-'E OF FEET: _0 INC '-A ) WEST RICHT - THENCE F,',''.)TH INEF;T A (,'I',7iTAN(-'E 2F -),"J-)0 FEET; THEN17,'E `:'-'A)TH EAST A DF'JANCE 1 14. FEET 0U OF THENCE E,TH 0=1-7i'CO" EAST. A L)ISTANCE OF 14.00 FEET; THENCE ' M -17H 3 NNIEST. A DISTANCE OF 12.(.10 FEET. THENCE NONTH WEST A '-'d- TANJcE OF 13.61, FEET; THENCE NORTHAE'�'J, A DISTANCE OF 1 5, 21 FEET THENCE ".3MTH AIEST, A DISTAI,ffCE OF .38.0,3 FEET; THENCE S-aJTH 42'4004" ViEST, A DISTANCE OF 77.24 FEET: THE,, -E SOUTH S9'M'0-," �VEST. A OISTANCE CF 94.5-5 FEET; THENCE SOUTH 44'b4'21" WEST, DISTANCE 0'F Y.12 FEET; THENCE EOJTH 007-b'3--3' EAST. A DISTAN,(-Z I -)F 2-3 2'.'? FEET; THEr-JCE N "E, A 12,BTAN,'-E (,'F FEET; THENCE DUE SW)UITH, A DDI TANCE OF 12.0%7! FEET; THENCE �iO(JH WE`.,7, A D15TANCE .,f 7.014 FEET THENCE EOL17H 00'0! ''S' EAST, A DISTAINCE OF FEET, THENCE NORTH BE,-4.ri'47" THENCE F E ' a ','ST. A D1,STANCE FEET: THENCE f)(YOU00" WEST A '�'.,F FEET,' !=`�OLJTH �99-4WIi` WEST A Dl-TAN'E OF 2.2:1 FEET THENCE 5C9.)TH 00'015',x3" EAST, A DIFJkMrE OF 2,54 FEET; THE`+ E JTH 4Y10 -!�'�S' EAST. A DISTkN,,"E OF 12.42 FEET; THENCE NDR7H EAST. A DISTANCE OF FEET THENCE NJ0,FZTH WEST A N -STANCE OF 13-55 FEET, THENCE NORTH 8:91'15w'02' EAST A DIS -Wt CE OF 1200 FEET: THD, OE SOUTH E- T" A DIST,*'E Of FEET. THENCE iN,ORTH 39'�4'44' EAST, A DISTANCE OF 10.111 FEET 70 A POINT 'ON THE VoE-.--�T RICHT-CF-WAY UNE OF :=M MIUTA,, Y TRAIL; THENE ALONG '-4A1D IfilEE7 NIGHT -01F -WAY UNE SOUTH ,'07Ub'3�5- EAST, A 1_1TANS-'E CF 72,00 FEET; THEN, -E S-OUTH WE T" A, DISTANE -QF FEET; THEN' --E N(,',RT-H 45' 3 'EST, A OISTANC�E OF lq.K. FEET: THENCE NORTH 00'05'3.�" 'o'.E'-',T-. A DISTANCE OF 9q.2FEET: THENCE 'SC"J-rH 89"'Y","C'M" WEFT, , A DIETANCE OF Vl',`7 FEET THENCE NORTH 00705'33" 5WES'T. A m"ISTANCE OF 1(.',2i FEET; THENCE NDRTH EAST, A LASTAN;CE CF 41.01 FEET THEM E NORTH EA;T, A F,*�7AN(,'E �F 94,28 FEET; THE412,'E NORTH 42A,, 124" EA=T, A DISTANCE OF .7-�l FEET; THENCE S 10'00'00"E, A CA"EJANCE OF 15.`7 FEET; THENCE NORTH 00YOG%D9" ViPST, A DISTANCE OF 2.3.16 FEET; THENCE NONTH EAT, A -'-ISTAN K -'E OF FEET; THENCE ',�:-'k,THI EAST, A --'AsTAN-"E .'.)F 21mf• FEET THENCE NnRTH WUJ, A DISJA,jCE OF FEET T. A P-10hj7 ON S41D WEST RIGHT -OF WAY UNE AND THE POINT OF DEGINNING. CONTAINIY '92 S,",)UARE FEET Cf U.21-55' A'CAES. Nl'uRE (,III LEST, SHEET 2 OF 3 .F IL 1) �K vIl -IF1.' -..VFIN '-'L ENCNEF-.NG I A P E. A;TE7 , " PE LC 4 RATON, 7 r,, I D A 3 C561)-Y�2- 91)l i ,5C-1452 12' WATEIRLW EASEMENT PoRTioN or (SE 1/4) OF -THE NORTHEAST (ME 1/4) OF SEG11 Z3. TOWNSHIP 0 SOVM. RANOE 42 EAST. PALM RUCfl C"rY SKEMM AND DESMPTION I (00201925.1 306-9001821) Page 6 of 7 E L E ALE Page 225 of 710 Exhibit A: Page 2 of 2 ra07M LINE OF SEI Y4 CF ,E oy.:,•:. F u-ni ro , ti.E. is'X�MER T THE w SrfTFi �14fs FEET 'F THE En,'�T �Sas� FEET OF THE 7%)THEA�7r aE t'f�. Ak%TER [M rt4`OF THE M TFE .7 ,HE 1t -q '"2F SETI h n. TMsW L5 8UAR hk E ay Fk,,'T8 4LW EF—ktH YIw W-jmTt LBv , THE r HTH "` FEET. AtO ��;taas LCe THC E4a7 Iii = THL'�'ur i ' T 1 F,,77 mm w e 1 DO IN T CF r F�(Ihalpa� c �y' Pb N%)VU -W i rri imi. w6, r ,y �lF7 47'sl'1 `x� .!G L"'3`lnt� Yd wrT mc+rT-iF—@AT uh£ of aSU,JTH MUDN'T TRAL ki-4 0' i2.20 -t 2' OxiIE LLE EAS EMENT r4. 2.5 ' k� 6 3.1"E z I H r, _ —hJLr ra'y'W"E 2.W,.` mm w e 1 DO IN T CF r F�(Ihalpa� c �y' Pb N%)VU -W i rri imi. w6, r ,y �lF7 47'sl'1 `x� .!G L"'3`lnt� Yd wrT mc+rT-iF—@AT uh£ of aSU,JTH MUDN'T TRAL ki-4 0' i2.20 ,5qn, Cir' 13`E 2.5 ' k� 6 3.1"E z I H mm w e 1 DO IN T CF r F�(Ihalpa� c �y' Pb N%)VU -W i rri imi. w6, r ,y �lF7 47'sl'1 `x� .!G L"'3`lnt� Yd wrT mc+rT-iF—@AT uh£ of aSU,JTH MUDN'T TRAL p ? �k•Ev5'i13 i4 ".aS ` 500, D 03°'E i2.20 i 00' r' WATERLI'NF: EASE1MEW p.,,w N 80'54'2 "'E �r GRAPHIC SCALE o 4sm1,r f IN FEET r SHEET 3 OF 3 1 INH = (7 a'. FT, �II,tf4 �7ias r I`Fa T F7 �P l �k .sa Ef , i F TON,. L . C,� 3 3 IrtI 0,E Im II Sri 9') 1 "A.x. v .;-C 2 FFM;MN OF (SE 1/4) OF THE NORTHEAST (R 1/4) OF SD;-nO 1 23„ -TOWNSHIP 0 900TH, RANGE 42 EAST. Phi OWN OWNTY SKETCH AND DESMPTNIN (00201925.1 306-9001821) Page 7 of 7 EM JI FIs Page 226 of 710 wrT mc+rT-iF—@AT uh£ of aSU,JTH MUDN'T TRAL w 6°1 z I ra QFri N 80'54'2 "'E �r GRAPHIC SCALE o 4sm1,r f IN FEET r SHEET 3 OF 3 1 INH = (7 a'. FT, �II,tf4 �7ias r I`Fa T F7 �P l �k .sa Ef , i F TON,. L . C,� 3 3 IrtI 0,E Im II Sri 9') 1 "A.x. v .;-C 2 FFM;MN OF (SE 1/4) OF THE NORTHEAST (R 1/4) OF SD;-nO 1 23„ -TOWNSHIP 0 900TH, RANGE 42 EAST. Phi OWN OWNTY SKETCH AND DESMPTNIN (00201925.1 306-9001821) Page 7 of 7 EM JI FIs Page 226 of 710 6.C. CONSENTAGENDA 12/5/2017 REQUESTED ACTION BY COMMISSION: Authorize utilizing the State of Florida Alternate Contract #43211500-W SCA -15 -ACS for the purchase of Dell workstations and LCD monitors from Dell Marketing LP of Round Rock, TX for various City departments for the amount of $63,983.94. The City is allowed to purchase from State of Florida Contracts. EXPLANATION OF REQUEST: Contract Period: September 30, 2015 — March 31, 2020 The I.T.S. department has engaged in a computer replacement program over numerous years, to provide our employees with computing technology adequate to run the software needed to perform their job functions. Maintenance on older equipment has proven to be extremely costly from a financial perspective. This purchase provides for the replacement of computers that are a minimum of 4 years and older, targeting the City's Dell OptiPlex computers. Our oldest computers are not necessarily replaced with the new computers; Users that require high-end computing power to perform their job functions will receive the newer systems. Their previous systems will be taken back to the I.T.S. department to be refreshed. Those previously used systems are given to users needing less -powerful systems than the new systems, but more efficient than their old systems. The cascading process of this PC replacement plan continues until we are eventually left with the oldest systems. The oldest systems are used for spare parts or are ultimately retired. This average costs of the standard user computers being purchased is approximately $650.00 each and power user computers being purchased is approximately $1,550.00, the cost per computer is such that staff believes it is appropriate to purchase the computers versus financing the purchase over time. The State of Florida contract complies with the City of Boynton Beach's competitive bid requirements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? We will be replacing out-of-date employee computer equipment that is marginally capable of running the city's current software products. Many enterprise applications such as GIS and Document Imaging require higher end PC's. The up-to-date PC's will increase efficiency in internal business operations by providing an appropriate hardware/ software combination. FISCAL IMPACT: Budgeted Funding was approved and is available for the City in the capital improvement budget for fiscal year 2017/18 under account number 303-4101-580.64-15 for the amount of $64,000. This purchase is being funded from the Local Government Surtax Page 227 of 710 ALTERNATIVES: The City could issue its own bid but the pricing on the State of Florida contract is approximately $650 per standard user computer and $1,550 for power user computer. Staff does not believe that a City bid process would result in a substantially less cost per computer/monitor. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? 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Materials Management Division 112 Administration Building 1���$D� St. Paul, MN 55155 50 Sherburne Avenue " .0 DEPARTMENT. OF ADMINISTRATION Voice: 651.296.2600 Fax: 651.297:3996 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD WITH DELL MARKETING, L.P. FOR COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers and Storage including Related Peripherals & Services) . To: Dell Marketing L. P. CONTRACT NO: MNWNC-108 One Dell Way Mailstop 87-tY Razl-33 L9401 Round Rock, TX 78682 ?/x®/sCONTRACT PERIOD: April 1, 2015, or upon final Contract Vendor Administrator: Diane executed signatures, Wigington whichever is later Email: Diane Wigington(M-dell.com THROUGH March 31, 2017 Phone -7(512) 728-4805 EXTENSION OPTION' UP TO 36 MONTHS You are hereby notified that your response to our solicitation, which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: 1. A Participating Entity's Participating Addendum ("PA") A Participating Entity's Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement.; 2. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions); 3: The Solicitation; and:4. the Contract Vendor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. DELL MARKETING L. P. The Contractor certifies that the appropriate person(s) have executed this Agreement on behalf of the Contractor as required by a le articl bylaws reso tions, or ordinances. By: �� �/1�� Stephanie G. Miller. r"Me "... C6 ry — Title: Cojjn rtract Mannager �sQii1 lll�i� �/K�� QA Date: i bt'iu.A.O - L9I 5 By' SION'. Title: Date: 2. MINNESOTA MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat. 'J16C 33,, subd. 3. n By: Title: Masterr/eemenE Administrator te: Da� / r 3. MINNESOTA COMMISSIONER OF ADMINISTRATION Or delegated representative. By: Date: rl I I I C8 signed MAR 0 3 2015 By Lucas J. Janneifi CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 238 of 710 COMPUTER EQUIPMENT ..�� kin 'RSnta 2014-2019 DEPARTMENT: OF ADMINkSTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD TABLE OF CONTENTS TABLEOF CONTENTS........................................................................................................................................ SUMMARY........ .................................................... ............................................................. ................ .1, ......... I...... EXHIBITA - TERMS & CONDITIONS...........................................................:...................................................... EXHIBITB - PRICING........................................................................................................................................... EXHIBITB - PRICING SCHEDULE .................................................. ............................. .......................... I............ EXHIBIT C - PRODUCT AND SERVICE SCHEDULE (PSS)............................................................................... EXHIBITD - WEBSITE........................................................................................................................................ EXHIBIT E - ACTION REQUEST UPDATE FORM (ARF).................................................................................... EXHIBITF - REPORTING...................................................................................................................................... EXHIBIT G - DEFINITIONS ........................................ ................... .............. ...... .................... .............. I ............ ...... 2 CONTRACT N0. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 239 of 710 livnese)b DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-�NASPO MASTER AGREEMENT AWARD SUMMARY 1. BACKGROUND. The State of Minnesota, Department of Administration, Materials Management Division publicly posted a Request for Proposal on behalf of the State of Minnesota and WSCA-NASPO Cooperative Procurement Program ("WSCA-NASPO") resulting in a Master Agreement Award. After evaluation by a multi—state sourcing team the solicitation resulted in this Minnesota WSCA-NASPO Master Agreements with qualified manufacturers for: Computer Equipment (Desktops, Laptops, Tablets, Servers, and Storage including related Peripherals & Services. The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on the Master Agreement. The configuration limits and restrictions for this Master Agreement are provided below. Participating Entities may revise these in their Participating Addendum. Bands awarded are identified below: Band 1: Desktop Band 3: Tablet Band 5: Storage Band 2: Laptop Band 4: Server The original solicitation included Band 6: Ruggedized. This:band has been removed and ruggedized equipment will be allowed in Bands 1-5. The original solicitation and responses may be found on the WSCA-NASPO Website. 2. EFFECTIVE DATE: The Master Agreement contract term will begin on April 1, 2015, or upon final executed signatures, .whichever is later, through March 31, 2017 with the option to extend up to. 36 months, upon agreement by both parties. Contract Sales may not begin until the Website, Product.and Service Schedule and third party products have been approved by the Master Agreement Administrator. 3. PARTICIPATION. All authorized governmental entities in any State are welcome to use the resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are able to sign Participating Addendums (PA) at the option of Participating States. Participating States reserve the right to add State specific terms and conditions and modify the scope of the contract in their Participating Addendum as allowed by the Master Agreement. 4. CONFIGURATION DOLLAR LIMITS. The following configuration limits apply to the Master Agreement. Participating States may define their configuration limits in their participating addendum. The Participating State's Chief Procurement Official may increase or decrease the configuration limits, as defined in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. The dollar limits identified below are based on a SINGLE computer configuration. This is NOT a restriction on the purchase of multiple configurations (e.g. an entity could purchase 10 laptops @ $10,000 for a total purchase price of $100,000). ITEM CONFIGURATION* Server $500,000 Storage $500,000 Desktops $ 10,000 Laptops $ 10,000 Tablets $ 5,000 Peripherals $ 5,000 Services Addressed by each State in participating addendum * Configuration is defined as the combination of hardware and software components that make up the total functioning system. Software purchases are considered a part of the configuration limit of the equipment. 3 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 240 of 710 5. RESTRICTIONS. The following restrictions apply to the Master Agreement. A Participating State may set further restrictions of products in their Participating Addendum. The. Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. a. Software 1. Software is restricted to operating systems and commercial off-the-shelf (COTS) software and is subject to equipment configuration limits. 2. Software is an option which must be related to the procurement of equipment. 3.. Software must be pre -loaded or provided as an electronic link with the initial purchase of equipment. 4. Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment (Band 4&5) purchased, is allowed and maybe procured after the initial purchase of equipment. b. Services 1. Services must be related to the procurement of equipment. 2. Service limits will be addressed by each State. 3. Wireless phone and internet service is not allowed. 4. Cloud Services including acquisitions structured as managed on-site services are not allowed. 5. Managed Print Services are not allowed. c. Third Party Products. 1. Contract Vendors can only offer Third Party Products in the bands they have been awarded. 2. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. d. Additional Product/Services 1. Hardware and software required to solely support wide area network (WAN) operation and management are not allowed. 2. Lease/Rentals of equipment may be allowed and will be addressed by each State. 3. Cellular Phone Equipment is not allowed. 4. EPEAT Bronze requirement may be waived, on a State case by case basis, if approved by the State's Chief Procurement Officer. 6. PARTNER UTILIZATION: Each state represented by WSCA-NASPO that chooses to participate in this Master Agreement independently has the option of utilizing partners. Only partners approved by the Participating, State may be deployed. The participating State will define the process to add and remove partners in their participating addendum. CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 241 of 710 . i"� COMPUTER EQUIPMENT livnese)b 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT A - TERMS & CONDITIONS MASTER AGREEMENT TERMS AND CONDITIONS A. GENERAL TERMS, CONDITIONS & INSTRUCTIONS 1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful responder will become Master Agreement contractual obligations, along with the final Master Agreement, if acquisition action ensues. A statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFP must be included in the response. Any suggestions for alternate language shall be presented. The Lead State is under no obligation to accept wording changes submitted by the responder. The Lead State is solely responsible for rendering decisions in matters of interpretation on all terms and conditions. Any response which fails to comply with this requirement may be disqualified as nonresponsive. All general proposal terms, specifications and WSCA-NASPO Terms& Conditions form apart of this RFP and will apply to any Master Agreements entered into as a result thereof. 2. CONFLICT OF TERMS/ORDER OF PRECEDENCE: a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms & Conditions) c. The Solicitation including all Addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority'to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibitor Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception. has been negotiated. 3. ADDENDA TO THE RFP. Any addendum issued will become a part of the RFP. The Lead State may modify or clarify the RFP by issuing one or more addenda to all parties who have received the RFP. Each responder must follow the directions on the addendum. Addenda will be numbered consecutively in the order they are issued. 4. AWARD. The award of this solicitation will be based upon the total accumulated points as established in the RFP, for separate items, by grouping items, or by total lot, and where at its sole discretion the Lead State believes it will receive the best value. The Lead State reserves the right to award this solicitation to a single responder, or to multiple responders, whichever is in the best interest of the Lead State. It is the State's intent to award to multiple responders. The Lead State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re- issue the solicitation, whichever is in the best interest of the Lead State. The Sourcing Team will make a recommendation on the award of this RFP. The commissioner of Administration or designee may accept or reject the recommendation of the Sourcing Team. The final award decision will be made by the Commissioner of Administration and the WSCA-NASPO Management Board. 5. CLARIFICATION. If a responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the RFP, the responder. shall immediately notify the Acquisition Management Specialist in writing, as CONTRACT NO. MNWNC-109 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 242 of 710 specified in the introduction, of such error and request modification or clarification of the document. This notification is due no later than seven calendar days prior to the proposal due date and time. Responders are cautioned that any activity or communication with a State employee or officer, or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may, as a result, have its response rejected. Any communication regarding this Solicitation, its content or process, must be directed to the Acquisition Management Specialist listed in the Solicitation documents. 6. COMPLETION OF RESPONSES. A response may be rejected if it is conditional or incomplete. Responses that contain conflicting, false, or misleading statements or that provide references that contradict or do not support an attribute or condition stated by the responder, may be rejected. 7. MASTER AGREEMENT ADMINISTRATOR. The Master Agreement Administrator designated by WSCA-NASPO and the State of Minnesota, Department of Administration is: Susan Kahle. Direct all correspondence and inquiries, legal questions, general issues, or technical issues regarding this RFP to: Susan Kahle Acquisition Management Specialist Department of Administration Materials Management Division 50 Sherburne Avenue 112 Administration Building St. Paul, MN 55155 Fax: 651.297.3996 E-mail: susan.kahle0state.mn.us 8. DISPOSITION OF DATA SUBMITTED BY CONTRACT VENDOR. All materials submitted in response to this RFP will become property of the Lead State and will become public record after the evaluation process is completed. The evaluation process is complete when negotiations with the selected vendors are final. By executing this Contract; the Contract Vendor certifies and agrees that all information provided in the Contract and in response to the solicitation will be made public in accordance with the solicitation and that no information has been designated Trade Secret pursuant to the Minnesota Government Data Practices Act. If the Contract Vendor submits information after execution of this Contract that it believes to be trade secret materials - as as defined by the Minnesota Government Data Practices Act, Minn. Stat. § 13.37, the Contract Vendor must: a. clearly mark all trade secret materials at the time the information is submitted; b. include a statement with regard to the information justifying the trade secret designation for each item; and, c. defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the Lead State, its agents and employees, from any judgments awarded against the Lead State in favor of the party requesting the materials and any and all costs connected with that defense. This indemnification survives the Lead State's award of a Master Agreement. In submitting a responseto the RFP, the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the Lead State. The Lead State will not consider the prices submitted by the responder to be trade secret materials. 9. DISPUTE RESOLUTION PROCEDURES. Any issue a responder has with the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to and received by the Master Agreement Administrator prior to the opening due: date and. time. Any issue a responder has with the Master Agreement award must be submitted in writing to the Master Agreement Administrator within five working days from the time the notice of the intent to award is issued. This notice may be made by any of the following methods: notification by letter, fax or email, or posted on the Materials Management website, www.mmd.admin.state.mn.us. The Lead State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements, the appeal process is, in sequence: The responsible Master Agreement Administrator, the Materials Management Division (MMD) Assistant Director, and the MMD Director. 10. ELECTRONIC FILES TO DOWNLOAD, COMPLETE, AND RETURN. Responders must download a Word/Excel document. 11. ENTIRE AGREEMENT. A written Master Agreement (including the contents of this RFP and selected portions of Contract Vendor's response incorporated therein by reference) and any written addenda thereto constitute the entire agreement of the parties to the Master Agreement. CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 243 of 710 12. IRREVOCABLE OFFER. In accordance with this Request for Proposal, and subject to all conditionsthereof, the undersigned agrees that its response to this RFP, or any part thereof, is an irrevocable offer for 180 days following the submission deadline date unless stated otherwise in the RFP. It is understood and agreed that the response, or any part thereof, when accepted by the appropriate department and State officials in writing, may become part of a legal and binding Master Agreement between the undersigned vendor and the State of Minnesota. 13. MATERIAL DEVIATION. A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the terms and conditions. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL TERMS, CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS, ITS RESPONSE MAY BE REJECTED. A material deviation is an exception to the Request for Proposal general or WSCA-NASPO terms and conditions and/or specifications that: a. gives the responder taking the exception a competitive advantage over other vendors; or; b. gives the Lead State something significantly different from that which the Lead State requested. 14. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected. 1S: NOTICES. If one party is required to give notice tothe other under the Master Agreement, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained. A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes. All notices to the. Lead State shall be addressed as follows: STATE OF MINNESOTA: MN WSCA-NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR 112 Administration Bldg. 50 Sherburne Avenue St. Paul, MN 55155 651-M-2600 CONTRACT No. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 244 of 710 MASTER AGREEMENT TERMS AND CONDITIONS B. WSCA-NASPO TERMS AND CONDITIONS 1. ADMINISTRATIVE FEES. The Contract Vendor shall pay a WSCA-NASPO Administrative Fee of one-tenth of one percent (0.1% or 0.001) in accordance with the Terms and Conditions of the Master Agreement no later than 60 days following the end of each calendar quarter. The WSCA-NASPO Administrative Fee shall be submitted quarterly and is based on.sales of products and services (less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. Additionally, some states may require an additional. fee be paid directly to the state on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contract Vendor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements may not affect the WSCA-NASPO Administrative Fee.or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. 2. AGREEMENT ORDER OF PRECEDENCE. The Master Agreement shall consist of the following documents: a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions) c. The Solicitation including all addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibitor Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor..The solicitation language prevails. unless a mutually agreed exception has been negotiated. 3. AMENDMENTS. The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the WSCA-NASPO Master Agreement Administrator. 4. ASSIGNMENT OF ANTITRUST RIGHTS. Contract Vendor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contract Vendor now has or which may accrue to the Contract Vendor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contract Vendor for the purpose of carrying out the Contract Vendor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. 5. ASSIGNMENT/SUBCONTRACT. Contract Vendor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the WSCA-NASPO Master Agreement Administrator. 6. CANCELLATION. Unless otherwise stated in the terms and conditions, any Master Agreement may be canceled by either party upon 60 days' notice, in writing, prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation or in the applicable Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of a Participating Entity to indemnification by the Contract Vendor, rights of payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contract Vendor default may be immediate if defaults cannot be reasonably cured as allowed per Default and Remedies term. 7. CONFIDENTIALITY NON -DISCLOSURE AND INJUNCTIVE RELIEF. NEGOTIATED. 7.1 Confidentiality. The parties acknowledges that they and their employees or agents may, in the course of providing the Product and Services under this Master Agreement, be exposed to or acquire information that is confidential . Any and all information of any form that is marked as confidential or would by its nature be deemed 8 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 245 of 710 confidential obtained in the performance of this Master Agreement, including, but not necessarily limited to (a) any Participating Entity records, (b) personnel records, (c) information concerning individuals, (d) software, (e) product. plans, (f) marketing and sales information, (g) customer lists, and (h) "know-how," or trade secrets, is confidential information ("Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information shall be treated in the same manner as the Confidential Information. Confidential. Information does not include information that (a) is or becomes.(other than by disclosure by disclosing party) publicly known; (b) is rightfully furnished by the disclosing party to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in:recipient party's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than disclosing party without the obligation of confidentiality, (e) is disclosed with the written consent of disclosing party or; (f) is independently developed by employees, agents or subcontractor of the parties who can be shown to have had no access to the Confidential Information 7.2 Non -Disclosure. The parties shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. The parties shall use commercially reasonable efforts in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, parties shall advise each other immediately if they learn or have reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and shall at their expense cooperate in seeking injunctive or other equitable relief against any such person. Except as directed in writing , the parties will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement the parties shall turn over all documents, papers, and other matter in the recipient party's possession that embody Confidentiahnformation. Notwithstanding the foregoing, the recipient party may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement. 7.3 Injunctive Relief. The parties acknowledge that breach of this Section, including disclosure of any Confidential Information, may cause irreparable injury that is inadequately compensable in damages. Accordingly, the injured party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. The parties acknowledge and agree that the covenants contained herein are necessary for the protection of the legitimate business interests and are reasonable in scope and content. 7.4 Participating Entity, is agreeing to the above language to the extent is not in conflict with Participating Entities public disclosure laws. 8, DEBARMENT.: The Contract Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible., or voluntary excluded from participation in this transaction (Master Agreement) by any governmental department or agency. If the Contract Vendor cannot certify this statement, attach a Written explanation for review by WSCA-NASPO. In any order against this Master Agreement for a requirement established by a Purchasing Entity that discloses the use of federal funding, to the extent another form of certification is not required by a Participating Addendum or the order of the Purchasing Entity, the Contractor's quote represents a recertification consistent with the terms of paragraph 8, Section 2D, Minnesota Terms and Conditions 9. DEFAULTS & REMEDIES. a. The occurrence of any of the following events shall be an event of default under this Master Agreement: i. Nonperformance of contractual requirements; or ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contract Vendor, or the appointment of a receiver or similar officer for Contract Vendor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 30 calendar days in which Contract Vendor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole 9 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 246 of 710 discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contract Vendor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contract Vendor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contract Vendor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and . ii Terminate this Master Agreement and any related Master Agreements or portions thereof; and iii Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contract Vendor from receiving future bid solicitations; and v. Suspend Contract Vendor's performance; and Vii. Withhold payment until the default is remedied. d. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity.shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 10. DELIVERY. Unless otherwise indicated in the Master Agreement, the prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contract Vendor. Additional delivery charges will not be allowed for back orders. 11. FORCE MAJEURE. Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The WSCA-NASPO Master Agreement Administrator may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. 12. GOVERNING LAW. This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against the Master Agreements shall be governed by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreements or the effect of a Participating Addendum shall be in the Purchasing Entity's State.. 13. INDEMNIFICATION. DELETED SEE SECTION 2C17. 14. INDEMNIFICATION — INTELLECTUAL PROPERTY. DELETED SEE SECTION 2C17. 15. INDEPENDENT CONTRACT VENDOR. The Contract Vendor shall be an independent Contract Vendor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein. 16. INDIVIDUAL CUSTOMER. Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any costs allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities, The Contract Vendor will apply the charges and invoice each Purchasing Entity individually. 17. INSURANCE. Except to the extent modified by a Participating Addendum, Contract Vendor shall,during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contract Vendor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating .Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreeme.nt's termination or at a Participating Entity's option, result in termination of its Participating Addendum. 10 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 247 of 710 Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: a. Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than $1 million per occurrence/$2 million general aggregate; b. Contract. Vendor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contract Vendor shall pay premiums on all insurance policies. Such policies shall also reference this. Master Agreement and shall have a condition that they not be revoked by the insurer until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Participating Entity by the Contract Vendor. Prior to commencement of the work, Contract Vendor shall provide to the Participating Entity a written endorsement to the Contract Vendor's general liability insurance policy that (i) names the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non -renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty (30) days prior written notice, and (iii) provides that.the Contract Vendor's liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. Contract Vendor shall furnish to Participating Entity copies of certificates of all required insurance within thirty (30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at the Lead State Master Agreement Administrator's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contract Vendor's liability and obligations under this Master Agreement. 18. LAWS AND REGULATIONS. Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 19. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY. DELETED — SEE SECTION 211330 FOR REVISED TERM ADDRESSING TITLE OF PRODUCT. 20. NO WAIVER OF SOVEREIGN IMMUNITY. The Lead State, Participating Entity or Purchasing Entity to the extent it applies does not waive its: sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by iaw:with regard to any action based on this Contract. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court of the Participating Entity's State, 21. ORDER NUMBERS. Contract order and purchase order numbers shall be clearly shown on all acknowledgments,. shipping labels (if possible), packing slips, invoices, and on all correspondence. 22. PARTICIPANTS. WSCA-NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the WSCA/NASPO cooperative purchasing program for.state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.,) for all 50 states and the District of Columbia. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award will be permissive. 23. PARTICIPATION OF ENTITIES. Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities (including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official, 24. PAYMENT. Payment for completion of an order under this Master Agreement is normally made within 30 days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contract Vendor may assess overdue account charges up to a maximum rate of one percent per month 11 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 248 of 710 on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card" with no additional charge, 25. PUBLIC INFORMATION.. The Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws. 26. RECORDS ADMINISTRATION AND AUDIT. The disclosure of records in. Participating States relating to Participating addenda and orders placed against the Master Agreement shall be governed by the laws of the Participating. State and entity who placed the order. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of five (5) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity; or Purchasing Entity for an overpayments inconsistent with the terms of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's records. The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self -audit contract obligations and that permits the Lead State Master Agreement Administrator to review compliance with those obligations. Records will be retained longer if required by Participating Entity's law. 27. REPORTS - SUMMARY AND DETAILED USAGE. In addition to other reports that may be required by this solicitation, the Contract Vendor shall provide the following WSCA-NASPO reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to WSCA-NASPO using the WSCA-NASPO Quarterly Sales/Administrative Fee Reporting Tool found at httpa/www.naspo.orgANNCPO1Calculator.aspx. Any/all sales made under the contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required. Reports shall be due no later than the last day of the month following the end of the calendar quarter (as specified in the reporting tool). b. Detailed Sales Data. Contract Vendor shall also report detailed sales data by: state; entity/customer type, e.g., local government, higher education, K12, non-profit; Purchasing Entity name; Purchasing Entity bill -to and ship -to locations; Purchasing. Entity and Contract Vendor Purchase Order identifier/number(s); Purchase Order Type (e.g., sales order, credit, return, upgrade, determined by industry practices); Purchase Order date; Ship Date; and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State no later than the last day of the month following the end of the reporting period. Reports shall be delivered to the Lead State and to the WSCA-NASPO Cooperative Development Team electronically through email; CD -Rom, jump drive or other electronic matter as determined by the Lead State. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in Section 6, Attachment H. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Specific data in relation to sales to employees for personal use to be defined in the final contract award to ensure only public information is reported. d. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO 12 CONTRACT NO. MNWNG-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 249 of 710 shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 28. ACCEPTANCE AND ACCEPTANCE TESTING. A. Acceptance. Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) shall determine. whether all Products and Services delivered meet the. Contractor's published specifications (a.k.a. "Specifications"). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the.Contractor within thirty (30) calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service, the Product and Services will be deemed accepted on the 31St day after delivery of Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. B. Acceptance Testing. The Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) and the Contract Vendor shall determine if Acceptance Testing is applicable and/or required for the purchase. The terms in. regards to acceptance testing will be negotiated, in writing, as mutually agreed. If Acceptance Testing is NOT applicable, the terms regarding Acceptance in the Contract shall prevail. 29. SYSTEM FAILURE OR DAMAGE. In the event of system failure or damage caused by the Contract Vendor or its Product, the Contract Vendor agrees to use its commercially reasonable efforts to restore or assist in restoring the system to operational capacity. The Contract Vendor shall be responsible under this provision to the extent a 'system' is defined. at the time of the Order; otherwise the rights of the Purchasing Entity shall be governed by the Warranty. 34. TITLE OF PRODUCT. NEGOTIATED. OWNERSHIP Ownership of Documents/Copyright. Any reports, studies, photographs, negatives, databases, computer programs, or other documents, whether in tangible or electronic forms, prepared by the Contract Vendor in the performance of its obligations under the Master Agreement and paid for by the Purchasing Entity shall be the exclusive property of the Purchasing Entity and all such material shall be remitted to the Purchasing Entity by the Contract Vendor upon completion, termination or cancellation of the Master Agreement. The Contract Vendor shall not use; willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor's obligations under this Master Agreement without the prior written consent of the Purchasing Entity. Rights, Title and Interest. All: rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trade marks, and service marks in the said documents that the Contract Vendor conceives or originates, either individually or jointly with others, which:arises out of the performance of the Master Agreement, will be the property of the Purchasing Entity and are, by the Master. Agreement, assigned to the Purchasing Entity along with ownership of any and all copyrights in.the copyrightable material. The Contract Vendor also agrees, upon the request of the Purchasing Entity, to execute all papers and perform all other acts necessary to assist the Purchasing Entity to obtain and register copyrights on such materials. Where applicable, works of authorship created by the Contract Vendor for the Purchasing Entity in performance of the Master Agreement shall be considered "works for hire" as defined in the U.S. Copyright Act. c. Notwithstanding the above, the Purchasing Entity will not own. any of the Contract Vendor's pre-existing intellectual property that was created prior to the Master Agreement and which the Purchasing Entity did not pay the Contract Vendor to create. Subject to payment in full for the products, equipment or services, the Contract Vendor grants the Purchasing Entity a perpetual, irrevocable, non-exclusive, royalty free license for Contract Vendor's pre-existing intellectual property that is contained in the products, materials, equipment or services that are purchased through this Master Agreement. Contract Vendor will retain all right, title and interest in and to all Intellectual Property Rights in or related to the services, or tangible components thereof, including but not limited to (a) all know-how, intellectual property; methodologies,. processes, technologies, algorithms, software or development tools used in performing the services, and (b) such ideas, concepts, know-how, processes and reusable reports, designs, charts, plans, specifications, documentation, forms,. templates or output which are developed, created or otherwise used by or on behalf of Contract Vendor in the course of performing the services 13 CONTRACT NO. MNWNC•108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 250 of 710 or creating the deliverables, other than portions that specifically incorporate proprietary or Confidential Information or data of Ordering Entity (collectively, the "Residual IP"), even if embedded in the deliverable. 31. WAIVER OF BREACH. Failure of Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. Waiver by the Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, a Participating Addendum, or order. 32. WARRANTY. The warranty provided must be the manufacturers written warranty tied to the product at the time of purchase and must include the following:: (a) the Product performs according to the specifications (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product is designed and manufactured in a commercially reasonable manner, and (d) the Product is free of defects. For third party products sold.by the Contract Vendor, the Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numt;rers and assist the customer in engaging the manufacturer on warranty and maintenance issues. Upon breach of the warranty, the Contract Vendor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contract Vendor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contract Vendor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this Warranty are in addition to any other rights and remedies of the parties provided by law or so ordered by the court; 33. LIMITATION OF LIABILITY. NEGOTIATED. A. CONTRACT VENDOR WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING.OUT OF OR IN CONNECTION WITH THE PRODUCTS, SOFTWARE OR SERVICES PROVIDED HEREUNDER. EXCEPT FOR YOUR BREACH OF PAYMENT OBLIGATIONS OR CONFIDENTIALITY REQUIREMENTS, NEITHER PARTY SHALL HAVE LIABILITY FOR THE FOLLOWING: (1) LOSS OF REVENUE, INCOME, PROFIT OR SAVINGS; (2) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF A SYSTEM OR NETWORK OR THE RECOVERY OF SUCH; (3) LOSS OF BUSINESS OPPORTUNITY; (4) BUSINESS INTERRUPTION OR DOWNTIME; OR (5) DELIVERABLES, DELL PRODUCTS OR THIRD -PARTY PRODUCTS NOT BEING AVAILABLE FOR USE. B. CONTRACT VENDOR'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF QR IN CONNECTION WITH THIS AGREEMENT AND ALL PARTICIPATING ADDENDA SOURCEQ FROM THIS MASTER AGREEMENT (INCLUDING ANY PRODUCTS, SOFTWARE, OR SERVICES PROVIDED HEREUNDER) SHALL NOT EXCEED THE AGGREGATE AMOUNT OF TEN MILLION DOLLARS ($10,000,000). C. THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN. CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE. THE PARTIES AGREE THAT THESE LIMITATION OF LIABILITY ARE AGREED ALLOCATIQNS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR CONTRACT VENDOR'S SALE OF PRODUCTS, SOFTWARE OR SERVICES TO ORDERING ENTITY, AND SUCH LIMITATIONS WILL APPY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. 34. SERVICE AGREEMENTS. NEGOTIATED. Contract Vendor may provide Services, Software or Deliverables to you in accordance with one or more "Service Agreements." "Service Agreements" are service contract¢, including "Service Descriptions" available at www.dell.com/servicecontracts/us, "Statements of Work," and any other such mutually agreed upon documents. Each Service Agreement will be interpreted as a single agreement, independent of any other Service Agreement, so that all of the provisions are given as full effect as possible. Any and all licensing, maintenance, or order specific agreements referenced within the terms and conditions of this Master agreement are agreed to only to the extent that the terms do not conflict with the terms of the Participating Addendum or the Master Agreement, and to the extent the terms are not in conflict with the Participating Entities' applicable laws. In the event of conflict the terms and conditions, the Participating Addendum, and then the Master Agreement shall take precedence, as detailed in the Order of Precedence defined herein. Notwithstanding the 14 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 251 of 710 foregoing, licensing, maintenance agreements, or order specific agreements may be further negotiated by the Contract Vendor and the potential Purchasing Entity, provided the contractual documents are duly executed in writing. 35. SOFTWARE LICENSE. NEGOTIATED. Software (defined as any software, library, utility, tool, or other computer or program code, in object (binary) or source -code form as well as the related documentation provided by Contract Vendor to Purchasing Entity) is subject to the separate license agreements accompanying the Software, along with any product guides,' operating manuals, or other documentation included with the software media packaging or presented:to Purchasing Entity during the installation or use of the Software. Purchasing Entity agrees that it will be bound by such license agreement. Any and all licensing, maintenance, or order specific agreements referenced within the terms and conditions of this Master agreement are agreed to only to the extent that the terms do not conflict with the terms of the Participating Addendum or the Master Agreement, and to the extent the terms are not in conflict with the Participating Entities' applicable laws.. in the event of conflict the terms and conditions, the Participating Addendum, and then the Master Agreement shall take precedence, as detailed in the Order of Precedence defined herein. Notwithstanding the foregoing, licensing, maintenance agreements, or order specific agreements may be further negotiated by the Contract Vendor and the potential Purchasing Entity, provided the contractual documents are duly executed in writing. 36. EXPORT COMPLIANCE.: NEGOTIATED. Contract Vendor, Lead State and Purchasing Entities acknowledge that products (including software) sold or licensed under this Master Agreement are subject to the export control laws and regulations of the United States and other countries from which they were supplied and in which they are used and Purchasing Entity agrees to abide by those laws and regulations. Purchasing Entity warrants that any software provided by it and used as a part of the services supplied by Contract Vendor under this Master Agreement contains no encryption or to the extent that it contains encryption such software is approved for export under the relevant laws or regulations. 37. RETURNS AND EXCHANGES. NEGOTIATED. Contract Vendor's return policy can be found at www.dell.com/returnspolicy and applies to any returns and exchanges. Before returning or exchanging a Product, Purchasing Entity must contact Contract Vendor directly to obtain an authorization number to include with the return. Purchasing Entity must return Products to Contract Vendor in their original or equivalent packaging, and Purchasing Entity is responsible for risk of loss, as well as shipping and handling fees. Additional fees, including up to a 15% restocking fee, may apply. Restocking fees must be approved by the customer. If Purchasing Entity fails to follow the return or exchange instructions provided by Contract Vendor, Contract Vendor will not be responsible for any loss, damage, or modification of a Product, or processing of a Product for disposal or resale. Credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing associated with the original purchase. This. restocking fee shall not apply in the case of Contract Vendor error. 15 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L, P. Page 252 of 710 MASTER AGREEMENT TERMS AND CONDITIONS C. MINNESOTA TERMS AND CONDITIONS 1. ACCEPTANCE OF PROPOSAL CONTENT. The contents of this RFP and selected portions of response of the successful Proposer will become contractual obligations, along with the final Master Agreement, if acquisition action ensues. The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms and conditions. 2. ACCESSIBILITY STANDARDS. The State of Minnesota has developed IT Accessibility Standards effective September 1, 2010, which entails, in part, the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A -D which can.be viewed at http:/Iwww.mmd.admin.state.mn.us/pdf/accessibility standard. df Responders must complete the WCAG VPAT form included in the FORMS section of the RFP. The completed VPAT form will be scored based on its compliance with the Accessibility Standards. The requested WCAG VPAT applies to the responder's website to be offered under the Contract. For products offered, VPATS are only to be provided upon request by the participating entity. Upon request by the participating entity, the responder must make best efforts to provide Voluntary Product Accessibility Templates (VPATS) for all products offered in its response. Click here for link to VPATS for both Section 508 VPAT and WCAG 2.0 VPAT http://mn.goy/oet`/policies-and-standards/accessibility)#. 3. ADMINISTRATIVE PERSONNEL CHANGES. The Contract Vendor must notify the Contract Administrator of changes in the Contract Vendor's key administrative personnel, in advance and in writing. Any employee of the Contract Vendor who,: in the opinion of the State of Minnesota, is unacceptable, shall be removed from the project upon written notice to the Contract Vendor. In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist, the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee. 4. AMENDMENT(S). Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work. An approved Master Agreement amendment means one approved by the authorized signatories of the Contract Vendor and the Lead State as required bylaw. 5. AMERICANS WITH DISABILITIES ACT (ADA). DELETED. 6. AWARD OF RELATED CONTRACTS. In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master Agreement or any portion thereof, the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 7. AWARD OF SUCCESSOR CONTRACTS. In the event the State undertakes or awards a successor for work related to the Contract or any portion thereof, the current Contract Vendor shall cooperate fully during the transition with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION a. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions. Instructions for certification: 1. By signing and submitting this proposal, the prospective lower tier participant [responder] is providing the certification set out below. 2. The certification in. this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal [response] is submitted if at anytime the prospective lower tier participant learns that its certification 16 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 253 of 710 was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily.excluded, as used in this clause, have the meaning set. out in the Definitions and Coverages section of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction [subcontract equal to or exceeding $25,000] with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from federal procurement and nonprocurement programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for. debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions. 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 9. CHANGE REQUESTS. The Lead State reserves the right to request, during the term of the Master Agreement, changes to the products offered. Products An during the term of the Master Agreement shall go through a formal review process. A formal process of changing the Master Agreement shall be developed during the negotiation of the Master Agreement. The Contract Vendor shall evaluate and recommend products for which agencies have an expressed need. The Lead State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Master Agreement.as: Well as defining how adding the product will enhance the Master Agreement. The Lead State may request that products, other than those recommended, are added to the Master Agreement.. In the event that the Lead State desires to add new products and services that are not included in the original Master Agreement, the Lead State requires that independent manufacturers and resellers cooperate with the already established Contract Vendor in order to meet the Lead State's requirements. Evidence of the need to add products or services should be demonstrated to the Lead State. The Master Agreement shall be modified via supplement or 17 CONTRACT NO. MNWNC-106 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 254 of 710 amendment. The Lead State will negotiate the inclusion of the products and services with the Contract Vendor. No products or services will be added to the Master Agreement without the Lead State's prior approval. 10. CONFLICT MINERALS. Contract Vendor must provide information to the public on its website regarding the use of conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http://www:sec.gov/rules/final/2012/34-67716.pdf. 11. COPYRIGHTED MATERIAL WAIVER. The Lead State reserves the right to use, reproduce and publish proposals in any manner necessary for State agencies and local units of government to access the responses and/or to respond to request for information pursuant to Minnesota Government Data Practices Act, , including but not limited to emailing, photocopying, State Intranet/Internet postings, broadcast faxing, and direct mailing. In the event that the response contains copyrighted or trademarked materials,:it is the responder's responsibility to obtain permission for the Lead State to reproduce and publish the information, regardless of whether the responder is the manufacturer or reseller of the products listed in the materials. By signing its response, the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and hold the Lead State, its representatives and. employees harmless from any and all claims arising from the violation of this section and agrees to pay all legal fees incurred by the Lead State in the defense of any such action. 12. EFFECTIVE DATE. Pursuant to Minnesota law, the Master Agreement arising from this RFP shall be effective upon the date of final execution by the Lead State, unless a later date is specified in the Master Agreement. 13. FOREIGN OUTSOURCING OF WORK. Upon request, the Contract Vendor is required to provide information regarding the location of where services, data storage and/or location of data processing under the Master Agreement will be performed. 14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota Government Data Practices. Act, Minn. -Stat. Ch. 13, (and where applicable, if the Lead State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the Lead State to the Contract Vendor and all data provided to the Lead State by the Contract Vendor. In addition, the Minnesota. Government Data Practices Act applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). In the event the Contract Vendor receives a request to release the data referred to in this article, the Contract Vendor must immediately notify the Lead State. The Lead State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the Lead State. The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master Agreement. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Master Agreement, the Contract Vendor shall retain responsibility under the terms of this article for such work. 15. HAZARDOUS SUBSTANCES. To the extent that the goods to be supplied by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents asset forth in applicable State and federal laws and regulations, the Contract Vendor must provide Material Safety Data Sheets regarding those substances. A copy must be included with each delivery. 16. HUMAN RIGHTSIAFFIRMATIVE ACTION. The Lead State requires affirmative action compliance by its Contract Vendors in accordance with. Minn. Stat. § 363A.36 and Minn. R. 5000..:3400 to 5000.3600. a. Covered contracts. and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of $100,000 requires completion of the Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds $100,000 whether it will be a multiple award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds $100,000 and the Contract Vendor employed more than 18 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 255 of 710 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. § 363A.36., subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner) as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate Of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. c. Minn, R. 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of Compliance and criteria for determining a Contract Vendor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers. AFFIRMATIVE ACTION FOR DISABLED WORKERS (a) The Contract Vendor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contract:Vendor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The. Contract Vendor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (c) In the event of the Contract Vendor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (d) The Contract Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contract Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. (e) The Contract Vendor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contract Vendor is bound by the terms of Minn. Stat. § 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. e. Consequences. The consequences of a Contract Vendor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. 19 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 256 of 710 f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency. 17. INDEMNIFICATION. NEGOTIATED. The Contract Vendor shall indemnify, protect, save and hold harmless the Lead State and. the Participating Entity, its representatives and employees, from any and all third party claims or causes of action for personal bodily injury, including death, and damage to tangible personal property, including all legal fees incurred by the Lead State and the Participating Entity arising from the negligence in the performance of the Master Agreement by the Contract Vendor or its agents, employees, or subcontractors. This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the Lead State's and Participating Entity's failure to fulfill its obligations pursuant to the Master Agreement. If the Participating Entity's laws require approval of a third party to defend Participating Entity, Participating Entity will seek such approval and if approval is not received, Contract Vendor is not required to defend that Participating Entity. 18. INTELLECTUAL PROPERTY INDEMNIFICATION. NEGOTIATED In the event of any such claim by any third party against the Participating Entity that Products, Software, Services or Deliverables (excluding Third -Party Products and open source software) prepared or produced by Dell and delivered pursuant to this Agreement infringe or misappropriate that third party's U.S. patent, copyright, trade secret, or other intellectual property rights ("Indemnified Claims"), the Participating Entity shall promptly notify the Contract Vendor. The Contract Vendor, at its own expense, shall indemnify; defend to the extent permitted by the Participating Entity's laws, and hold harmless the Participating Entity against any loss, cost, expense, or liability (including legal fees) arising out of such a claim, whether or not such claim is successful against the Participating Entity. If Contract Vendor receives prompt notice such a claim that in the Contract Vendor's opinion is likely to result in an adverse ruling, the Contract Vendor shall at its option (1) obtain a right for the Participating Entity to continue using such Products, Deliverables or Software or allow Contract Vendor to continue performing the Services; (2) modify such Products, Software, Services or Deliverables to make them non -infringing; (3) replace such Products, Software, Services or. Deliverables with a non -infringing equivalent; or (4) refund any pre -paid fees for the allegedly infringing Services that have not been performed or provide a reasonable depreciated or pro rata refund for the allegedly infringing Product, Deliverables or Software. Notwithstanding the foregoing, Contract Vendor shall have no obligation under this Section for any claim resulting or arising from (1) modifications of the Products, Software, Services Deliverables that were not performed by or on behalf of Contract Vendor; (2) the combination, operation, or use of the Products, Software, Services or Deliverables in connection with a third -party product, software or service (the combination of which causes the claimed infringement); or (3) Contract Vendor's compliance with Participating Entity's written specifications or directions, including the incorporation of any software or other materials or processes provided by or requested by Participating Entity. Contract Vendor's duty to indemnify and defend under this Section is contingent upon: (x) Contract Vendor receiving prompt written notice of the third -party claim or action for which Contract Vendor must indemnify Participating Entity, (y) Contract Vendor having the right to solely control the defense and resolution of such claim or action, and (z) Participating Entity's cooperation with Contract Vendor in defending and resolving such claim or action. This Section states Participating Entity's exclusive remedies for any third -party intellectual property claim or action, and nothing in this Agreement or elsewhere will obligate Contract Vendor to provide any greater indemnity to Participating Entity. 19. JURISDICTION AND VENUE. This RFP and any ensuing Master Agreement, its amendments and supplements thereto, shall be governed by the laws of the State of Minnesota, USA. Venue for all legal proceedings arising out of the Master Agreement, or breach thereof, shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. By submitting a response to this Request for Proposal, a Responder voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of this RFP, any ensuing Master Agreement, or any breach thereof. 20. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. 21. NONVISUAL ACCESS STANDARDS. Pursuant to Minn. Stat. § 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards 20 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 257 of 710 a. That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; b. That the nonvisual accesstechnology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. 22. NOTICE TO RESPONDERS. Pursuant to Minn. Stat. § 270C.65, subd. 3, Contract Vendors are required to provide their Federal Employer Identification Number or Social Security Number. This information may be used in the enforcement of federal and State tax: laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent tax liabilities. These numbers will be available to federal and State tax authorities and State personnel involved in the payment of State obligations. 23. ORGANIZATIONAL CONFLICTS OF INTEREST. The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons: • a Contract Vendor is unable or potentially unable to render impartial assistance or advice to the State; a the Contract Vendor's objectivity in performing the work is or might be otherwise impaired; or • the Contract Vendor has an unfair competitive advantage. The Contract Vendor agrees that if an organizational.conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Master Agreement. In the event the Contract Vendor was aware of an organizational conflict of interest prior to the award of the Master Agreement and did not disclose the conflict to the Master Agreement Administrator, the State may terminate the Master Agreement for default. The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms "Contract, ""Contract Vendor," "Master Agreement", "Master Agreement Administrator" and "Contract Administrator" modified appropriately to preserve the State's rights. 24. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY. Contract Vendor assures all of its Network Components, Applications, Servers, and Subcontractors (if any) comply with the Payment Card Industry Data:Security Standard ("PCIDSS" ). "Network Components" shall include, but are not limited to,Contract Vendor's firewalls, switches, routers, wireless access points, network appliances, and other security appliances; "Applications" shall include, but are not limited. to, all purchased and custom external (web) applications. "Servers" shall include, but are not limited to, all of Contract Vendor's web, database, authentication, DNS, mail, proxy, and NTP servers. "Cardholder Data" shall mean any personally identifiable data associated with a cardholder; including, by way of example and without limitation, a cardholder's account number, expiration date, name, address, social security number, or telephone number. Subcontractors (if any) must be responsible for the security of all Cardholder Data in its possession; and will only use Cardholder Data for assisting cardholders in completing a transaction, providing fraud control services, or for other uses specifically required by law. Contract Vendor must have a business continuity program which. conforms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to operations; will continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and ensure that a representative or agent of the payment card industry and a representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security 21 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 258 of 710 review of Contract Vendor's operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate compliance with PCIDSS. 25. PERFORMANCE WHILE DISPUTE !S PENDING. Notwithstanding the existence of a dispute, the parties shall continue.without delay to carry out all of their responsibilities under the Master Agreement that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under the Master Agreement, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 26. PREFERENCE. Targeted/Economically Disadvantaged.ln accordance with Minn. Stat. § 16C.16, subds. 6 and 7, eligible certified targeted group (TG) businesses and certified economically.disadvantaged (ED) businesses will receive a 6 percent preference on the basis of award for this RFP. The preference is applied only to the first $500,000 of the response to the RFP. Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time. To verify TG/ED certification, refer to the. Materials Management Division's web site at www.mmd.admin.state.mn.usunder "Vendor Information, Directory of Certified TG/ED Vendors." To verify TG eligibility for preference, refer to the Materials Management Division's web site under "Vendor Information, Targeted Groups Eligible for Preference in State Purchasing" or call the Division's HelpLine at 651.296.2600: Reciprocal Preference. In accordance with Minn. Stat. §16C.06, subd 7, the acquisition of goods or services shall be allowed a preference over a non-resident vendor from a state that gives or requires a preference to vendors from that state, the preference shall be equal to the preference given or required by the state of the non-resident vendor. If you wish to be considered a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form included in this solicitation and include it in your response. Veteran. In accordance with Minn. Stat. § 16C.16, subd..6a, (a) Except when mandated by the federal government as a condition of receiving federal funds, the commissioner shall award up to a six percent preference in the amount bid on state procurement to certified small businesses that are majority-owned and operated by: (1) recently separated veterans who have served in active military service, at anytime on or after September 11, 2001, and who have been discharged under honorable conditions from active service, as indicated by the person's United States Department of Defense form DD -214 or by the commissioner of veterans affairs; (2) veterans with service -connected disabilities, as determined at anytime by the United.States Department of Veterans Affairs; or (3) any other veteran -owned small businesses certified under section 16C.19, paragraph (d). In accordance with Minn. Stat. § 16C.19 (d), a veteran -owned small business, the principal place of business of which is in Minnesota, is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran -owned small business or a:service disabled veteran -owned small business, in accordance with Public Law 109-461 and Code of. Federal Regulations, title 38, part 74. To receive a preference the veteran -owned small business must meet the statutory requirements above by the solicitation opening date and time. The preference is applied only to the first $500,000 of the response. If responder is claiming the veteran -owned preference, attach documentation, sign and return form with response to the solicitation. Only eligible veteran -owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference. 27. PUBLIC INFORMATION. Once the information contained in the responses is deemed public information, interested parties may request to obtain the public information. You may call 651.201.2413 between the hours of 8:00 a.m. to 4:30 p.m. to arrange this. 28. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the State's Authorized Representative and the State's Assistant Director or designee of Materials Management Division. The Contract Vendor shall make no representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are.the subject of the Master Agreement without the prior written consent of the 22 CONTRACT NO. MNWNC-908 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 259 of 710 State's Assistant Director or designee of Materials Management Division. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs,and similar public notices. 29. PURCHASE ORDERS. NEGOTIATED. The State requires that there will be no minimum order requirements or charges to process an individual purchase order. The Master Agreement number and the PO number must appear on all documents (e.g., invoices, packing slips, etc.). The Ordering Entity's purchase order constitutes a binding contract. Unless otherwise expressly agreed between a Purchasing Entity and the Contract Vendor, any preprinted terms on the Purchasing Entity's purchase order shall be given no force or effect and no terms of a purchase order that conflict with this Master Agreement or the Participating Addendum shall be binding on Contract Vendor. 30. RIGHTS RESERVED. Notwithstanding anything to the contrary, the State reserves the right to: a. : reject any and all responses received; b. select, for Master Agreements or for negotiations, a response other than that with the lowest cost; c. waive or modify any informalities, irregularities, or inconsistencies in the responses received; d. negotiate any aspect of the proposal with any responder and negotiate with more than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable; and f. terminate negotiations and select the next response providing the best value for the State, prepare and release a new RFP, or take such other action as the State deems appropriate if negotiations fail to result in a successful Master Agreement. 31. RISK OF LOSS OR DAMAGE, The State is relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or their authorized agent. 32. SEVERABILITY. If any provision of the Master Agreement, including items incorporated by reference, is found to be illegal, unenforceable, or void, then both the State and the Contract Vendor shall be relieved of all obligations arising under such provisions. If the remainder of the Master Agreement is capable of performance it shall not be affected by such declaration or finding and shall be fully performed. 33. STATE AUDITS (Minn. Stat. § 16C.05, subd. 5). The books, records, documents, and accounting procedures and practices of the Contract Vendor or other party, that are relevant to the Master Agreement or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Master Agreement or transaction. The State reserves the right to authorize delegate(s) to audit this Master Agreement and transactions. 34. SURVIVABILITY. The following rights and duties of the State and responder will survive the expiration or cancellation of the resulting Master Agreements. These rights and duties include, but are not limited to paragraphs: Indemnification, Hold Harmless and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Publicity, Intellectual Property Indemnification, and Admin Fees. 35. TRADE SECRETICONFIDENTIAL INFORMATION. Any information submitted as Trade Secret must be identified and submitted per the Trade Secret Form and must meet Minnesota Trade Secret as defined in Minn. Stat. § 13.37 23 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P Page 260 of 710 kifffresO DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING 1. BAND(S) AWARDED: Band 1: Desktop Band 2: Laptop Band 3: Tablet Band 4: Server Band 5: Storage. 2. PRICE STRUCTURE. The contract employs a MINIMUM discount -off baseline price list structure with category exceptions for each band. The category discounts may be higher or lower than the than the band discount. The minimum discount and categorized exceptions will be applied to all "quantity one' procurements. An end user will be able to verify pricing using the named base line price list and the minimum discounts with the categorized exceptions provided in the Master Agreement. 3. PRICE GUARANTEE. These discounts must remain firm, or the discount may be increased, during the term of the Master Agreement. 4. BASELINE PRICE LIST. The Base Line Price is designated in the Pricing Discount Schedule. The Base Line Price List must be accessible and verifiable by potential end users preferably on the Contract Vendor Website. All historic versions of the Baseline Price List must be made available upon request pursuant to the audit provisions. 5. PRODUCT AND SERVICE SCHEDULE (PSS). The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The: PSS serves as the Contract Catalog. The PSS will be submitted to the Lead State following contract award.and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. 6. CHANGES TO THE PSS. Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 7. BULKIVOLUME PRICING. Further bulk/quantity savings may be obtained when additional quantities are requested. Additional savings are expected when competing awarded vendors for volume pricing. 8. PROMOTIONAL OFFERS. Contract Vendors may provide promotions for deeply discounted products based on their inventory and sales. The Contract Vendors will be responsible to market these offers. 9. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors participating in the Premium Savings Package (PSP) Program will commit to the standard configurations. The standards currently are refreshed every six months (May and November). Refresh. schedule is subject to change. See current configurations: htti)://www.wnpsp.com/index.htmi. States and other Participating Entities can choose to purchase these packages without any signing additional documents. 10. TRADE-IN. Trade -In Programs are the option of the Participating Entity. The Participating Addendum by each State may address the allowance of Trade -Ins. 11. SERVICES. Services are at the option of the Participating Entity. The Participating Addendum by each State may address service agreement terms and related travel. 24 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 261 of 710 12. LEASING. The Discount schedule will indicate if the Contract Vendor provides leasing. Participating Entities may enter in to lease agreements if they have the legal authority to enter into these types of agreements. The Participating Addendum by each State will identify if and how leasing agreement terms will be conducted. 13. FREIGHT. All prices shall be FOB Destination, prepaid and allowed (with freight included in the price), to the address, receiving dock or warehouse as specified on the ordering agency's purchase order, In those situations in which the "deliver -to" address has no receiving dock or agents, the Contract Vendor must be able to deliver to the person specified on the PO without additional cost. If there is a special case where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance in order for the customer to determine if the additional cost will affect the decision to utilize the Contract Vendor:. 14. DELIVERY. Delivery of ordered product should be completed within thirty (30) calendar days after receipt of an order, unless otherwise agreed to by the ordering agency. 25 CONTRACT N0. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 262 of 710 -� COMPUTER EQUIPMENT 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING SCHEDULE 26 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 263 of 710 i!t78S8)td7 DEPARTMENT OF AnMrNIsrRArloN *, COMPUTER EQUIPMENT .. 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT C - PRODUCT AND SERVICE SCHEDULE (PSS) 1. MAINTAINING THE PSS. The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the WSCA-NASPO Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States. restrictions. The Contract Vendor will work to develop a PSS satisfactory to the Lead State prior to the start of sales and containing the following information: a. Band number b. Part # - SKU # c. Manufacturer d. Description e. Minimum Discount f. Category Code (This code will be refined during the approval process) g. Other fields approved by the Lead State 2. CHANGES TO THE PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 3. FORMAT: The format for the final product and service schedule will be approved within 30 days of contract award. Suggested format is provided below: MANUFACTURER NAME BASELINE PRICE LIST: LINK: DATE: BAND Part # - SKU# MANUFACTURER DESCRIPTION MINIMUM DISCOUNT CATEGORY CODE 1 XYZ ABC DESKTOP 60% 1M 2 550 ZZZZZZZ LAPTOP CART 10% 2TM 3 123A ABC SUPER TABLET 25% 3A 4. THIRD PARTY PRODUCTS: A list of third party products is to be submitted to the Lead State. Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Agreement restrictions of third party products include: a. Contract Vendors can only offer Third Party Products in the bands they have been awarded. b. Contract'Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. c. The Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. d. Any additions to the Third Party Product list must be submitted utilizing .the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved. 27 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 264 of 710 IiSOta DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT D - WEBSITE 1. IMPLEMENTATION. Within 30 calendar days of Master Agreement award, the Contract Vendor must provide a sample URL of the Master Agreement webpage to the Lead State for review and approval. The Lead State will review and determine acceptability of the website format and data. if the information is determined to be unacceptable or incorrect, the Contract Vendor will have 15 calendar days to provide revisions to the Lead State. Once the website is approved, the Contract Vendor may not make material changes to the website without notifying the Lead State and receiving written approval of the changes utilizing the Action Request Form. The Contract Vendor must continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure websites are updated and Contract Vendors will be expected to correct deficiencies. 2. WEBSITE CONTENT. The website must be separate from the Contract Vendor's commercially available (i.e., public) on-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below. The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above. a. Baseline Price List and historic versions b. Approved Product and Service Schedule (PSS) c. Product specifications, pricing, and configuration aids for the major product categories proposed that can be used to obtain an on-line quote d. Third Party Product list.will be clearly posted on the Vendor provided website and updated as products are approved. e. Link to the WSCA-NASPO EmarketCenter f. Online ordering capability with the ability to remember multiple ship to locations if applicable to product g. Contact information for order placement, service concerns (warranty and maintenance), problem reporting, and billing concerns h. Sales representatives for participating entities is Purchase order tracking j. Available Twenty-four (24) hours per day, seven (7) days per week availability, except for regularly scheduled maintenance k. Additional Terms may.not be posted on the Website without written approval of the Lead State I. Link to the WSCA-NASPO EmarketCenter if a State is participating m. Information on accessibility and accessible products n. If participating in Premium Savings Package Program, lead .with these products and display prominently on the website o. Links to environmental certification, including but not limited to take-back/recycling programs, p. Information regarding the use of Conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: hftp://www.sec.gov/ruies/final/2012/34-67716.pdf q. Service options, service agreements for negotiations when allowed by a participating addendum r. EPEAT, Energy Star, etc. s. Link to Signed Participating Addendums t. Link to Signed Master Agreement u. Link to solicitation and Response 3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites, on-line offering systems and Electronic Catalog functions supported and/or available as part of the Master Agreement will cease and be removed from public viewing access without redirecting to another website. 28 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 265 of 710 1i1l1ESf1f a DEPARTMENT OF ADMIN15TRAVON COMPUTER EQUIPMENT 2014-2019 ''t MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E - ACTION REQUEST UPDATE FORM (ARF) The Action Request Form (ARF) provided in this document must be utilized by the Contract Vendor to provide quarterly updates of PSS and to make requests.. The Action Request Forms may be reviewed quarterly by the Lead State. DATE: ATTN: WSCA-NASPO Master Agreement Administrator RE: Master Agreement # with Dear WSCA-NASPO Master Agreement Administrator: requesting the action noted below. Action Requested: Action Log: (Contract Vendor) (Contract Vendor) is providing the following update and/or Verify Log is attached SELECT ACTION BELOW AND PROVIDE REQUIRED INFORMATION: _Update of Product & Service Schedule Provide summary of additions, deletions and pricing changes. NOTE: THIS WILL BE A NOTIFICATION OF CHANGES TO THE PSS, APPROVAL WILL NOT BE NEEDED _Quarterly Self Audit Check this box to verify the Quarterly Self Audit has been completed _Third Party Product Addition ^Marketing Approval Material Website Change Miscellaneous Inquiry Provide warranty Guarantee Attach Materials for review Describe and provide link for review Provide detail (e.g. key contact change, etc.) The Contract Vendor certifies Products and Services provided meet the terms and conditions of the Master Agreement and understands they may be audited for compliance. Additional information may be requested upon submission. The Lead State may remove previously approved items throughout the life of the Master Agreement if in the best interest at its sole discretion. Contract Vendor: Name of Requester: Title of Requester: 29 CONTRACT NO. MNWNC•108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 266 of 710 Iiingso)b DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E - ACTION REQUEST FORM (ARF) ACTION REQUEST FORM LOG Submit updated Action Log with each update. Log must provide history of previous update. CONTRACT VENDOR: Contact Name and Email (for questions): DATE: DATE ACTION REQUESTED: DATE SUBMITTED APPROVED 30 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 267 of 710 lilsRHOSOL&I DEPARTMENT of AD&rmisTRATION COMPUTER EQUIPMENT 2014-2019 �t. MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT F - REPORTING 1. OWNERSHIP: Recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty.free, transferable right to display, modify, copy, and otherwise use reports, data.and information provided. 2. DUE DATE: Reports shall be due no later than the last day of the month following the end of the calendar quarter. 3. REQUIRED REPORTS: Report Name FROM . ' TO it DUE WSCA-NASPO Administrative Fee Q1 January 1 March 31 Aril 30 NASPO Q2 Aril 1 June 30 July 31 1) Go to: http://www,naspo.orgM7NCPO/Calculator.aspx Q3 July 1 September 30 October 31 Q4 October 1 December 31 January 31 3. REQUIRED REPORTS: 31 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 268 of 710 Report Name Submitted to Purpose & Submittal 1 WSCA-NASPO Administrative Fee WSCA- Identify total sales and administrative fee due to WSCA- NASPO NASPO 1) Go to: http://www,naspo.orgM7NCPO/Calculator.aspx 2) Complete all contract report information fields 3) Enter total sales per State or Select "no sales for quarter" checkbox 4) Click on Submit button 2 WSCA-NASPO Detailed Sales WSCA- Detailed sales data by line item. Currently via an Excel Report NASPO template. Future MAY involve a. portal. No modifications may be made by the Contract Vendor to the template. This report may also fulfill the reporting requirements of self audits, premium savings sales, and Bring Your Own Device Employee Sales. 3 Participating States Participating Contract Vendor may utilize the detailed sales report to report State to individual States unless otherwise directed by the State. States may require additional reporting. 4 Participating Addendum Status WSCA- Provides status of Participating Addendums. Excel Template NASPO to be provided by WSCA-NASPO. 5 Premium Saving Package (PSP) PSP Lead Additional reporting may be requested. 6 Quarterly Updates of PSS and Self Lead State Utilize the Action Request Form (ARF) Audit 31 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 268 of 710 innesota DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT G - DEFINITIONS Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing. Accessory. Accessories do not extend the functionality of the computer, but enhances the user experience i.e., mouse pad, monitor stand. For the purposes of this proposal, accessories are considered peripherals. Bands: For the purpose of this -solicitation, there are six product bands which maybe awarded. Each product band includes related peripherals and services. Responders must only respond to Bands in which they manufacture the defined product. Responder may receive an award in one or more bands for which they manufacture a product based on the evaluation. BAND 1: DESKTOP. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 2) display monitor and 3) input devices usually a keyboard and a mouse. All operating systems for tablets are allowed. Zero Clients, Thin clients, all in ones and workstations will also be included under desktops. Ruggedized equipment may also be included in the Product and Service schedule for this band. BAND 2: LAPTOP. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used. away from an outlet using a rechargeable battery. All operating systems for tablets are allowed. Laptops will include notebooks, ultrabook, mobile thin clients, chromebooks and netbooks. Computers with mobile operating systems will also be included under laptops. Tablets that have the option to be utilized with a keyboard can be sold in this band. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 3: TABLET. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Product and Service Schedule for this band. BAND 4: SERVER. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 5: STORAGE. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band: BAND 6 REMOVED. RUGGEDIZED EQUIPMENT MAY BE SOLD IN BANDS 1-5, PROVIDED IT MEETS BAND REQUIREMENTS. Cloud Services. Delivery of computing as a service rather than a product, whereby shared resources, software and information are provided to computers and other devices as a utility over a network, such as the Internet. (Cloud Services including acquisitions structured as managed on-site services are not allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement. The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes of this RFP, the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract. Participating States will have final determination/approval if a Partner may be approved for that state in the role identified by the Contract Vendor. Components. Parts that make up a computer configuration. Configuration. The combination of hardware and software components that make up the total functioning system. Desktop. This is Band 1 of this solicitation. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 32 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 269 of 710 2) display monitor and 3) input devices usually a keyboard and a mouse. Desktop virtualization endpoints such as zero and thin clients will also be included under the Desktop Band. Energy Star@. A voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency. The Energy Star program makes identification of energy efficient computers easy by labeling products that deliver the same or better performance as comparable models while using less energy and saving money. Energy Star qualified computers and monitors automatically power down to 15 watts or less when not in use and may actually last longer than conventional products because they spend a large portion of time in a low-power sleep mode. For additional information on the Energy Star program, including product specification s:and a list of qualifying products, visit the Energy Star website at hftp:/Iwww;ene[gystar.gov. EPEAT. A system for identifying more environmentally preferable computer desktops, laptops, and monitors. It includes an ANSI standard - the IEEE 1680 EPEAT standard — and website www.epeat.net to identify products manufacturers have declared as meeting the standard. EPEAT provides a clear and consistent set of performance criteria for the design of products. It is not a third -party certification program. Instead, Manufacturers self -certify that their products are in conformance with the environmental performance standard for electronic products. FOB Destination. Shipping charges are included in the price of the item and the shipped item becomes the legal property and. responsibility of the receiver when it reaches its destination unless there is acceptance testing required. FOB Inside Delivery. Special Shipping arrangements, such as inside delivery, may include additional fees payable by the Purchasing Entity. Any FOB inside delivery must be annotated on the Purchasing Entity ordering document. General Consulting. Services related to advising agencies on how best to use information technology to meet business objectives. Examples of such services would include management and administration of IT systems. Each State will have varying laws, rules, policies and procedures surrounding general consulting which need adherence. Minnesota Statute section 16C:08 defines general consulting for the State of Minnesota. https:llwww.revisor.mn.gov/statutes/?id=16C.08 Laptop. This is Band 2 of this solicitation. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery, Laptop Band may include notebooks, ultrabooks, and netbooks. Computers with mobile operating systems will also be included: under the Laptop Band. Lead State. The State conducting this. cooperative solicitation and centrally administering any resulting Master Agreement with the permission of the Signatory States. Minnesota is the Lead State for this procurement and the laws of Minnesota Statute Chapter 16C apply to this procurement. Manufacturer. A company that, as one of its primary business function, designs, assembles owns the trademark/patent and markets branded computer equipment. Master Agreement. The underlying agreement executed by and between the Lead State and the Contract Vendor. Middleware. Middleware is the software "glue" that helps programs and databases (which may be on different computers) work together. Its most basic function is to enable communication between different pieces of software. Options. An item of equipment or a feature that may be chosen as an addition to or replacement for standard equipment and features. Order. A purchase order, sales order, or other document used by a Purchasing Entity to order the Equipment. Participating Addendum. A written statement of agreement signed by the Contract Vendor and a Participating State or other Participating Entity that clarifies the operation of this Master Agreement for the Participating Entity (e.g., ordering procedures specific to a Participating State) and may add other state -specific language or other requirements. A Participating Addendum evidences the Participant's willingness to purchase and the Contract Vendor's willingness to provide equipment under the terms and conditions of this Master Agreement with any and all exceptions noted and agreed upon. Participating States. States that utilize the Master Agreement established by the RFP and enter into a Participating Addendum which further defines their participation. Participating Entity. A Participating State, or other legal entity, properly authorized by a Participating State to enter into the Master Agreement through a Participating Addendum and that authorizes orders from the Master Agreement by Purchasing Entities. Under the WSCA-NASPO program; in some cases, local governments, political subdivisions or other entities in a State may be authorized by the chief procurement official to execute its own Participating Addendum where a Participating Addendum is not executed by the chief procurement official for that state that covers local governments, political subdivisions, or other government entities in the state. Partner. A company, authorized by the Contract Vendor and approved by the Participating State, to provide marketing, support, or other authorized contract services on behalf of the Contract Vendor in accordance with the terms and conditions of the Contract Vendor's Master Agreement. In the RFP, Partner is the term that is used to call out the many different relationships a manufacturer may have with another company to market their product including, but not limited to agents, subcontractors, partners, fulfillment partners, channel partners, business partners, servicing subcontractor, etc. Peripherals. A peripheral means any hardware product that can be attached to, added within or networked with personal computers, servers and storage. Peripherals extend the functionality of a computer without modifying the core components of the system. For the purposes of this proposal, peripherals are defined as including accessories. Peripherals may be manufactured by a third party, however, Contract Vendor shall not offer any peripherals manufactured by another Contract Vendor holding a Master Agreement. The Contract Vendors shall provide the warranty service and 33 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 270 of 710 maintenance for all peripherals on the Master Agreement. Examples of peripheralslaccessoriesloptions Include but are not limited to: printers, monitors, multifunction printers, audiovisual equipment, instructional equipment, cabling, modems, networking to support server, storage and client applications such as routers, switches. Software is an option which must be related to the purchase of equipment and subject to configuration limits. Third party products are allowed to be offered as peripherals/accessories/options and may be offered in any related band. Per Transaction Multiple Unit Discount. A contractual volume discount based on dollars in a single purchase order or combination of purchase orders submitted at one time by a Participating Entity or multiple entities conducting a cooperative purchase. Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities using the Master Agreement. This specification includes a commitment to.maintain and upgrade (keep pace with the advance of technology) the standard configurations for a stated period of time or intervals. WSCA-NASPO reserves the right to expand and modify the PSP throughout the life of the contract.: See http://www.wnpsp.com/index.html. Purchasing Entity — means a state, city, county; district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues an order against the Master Agreement and becomes financially committed to the purchase. Ruggedized. This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably in harsh usage environments and conditions, such as strong vibrations, extreme temperatures and wet or dusty conditions. Services. Broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de -installation, factory integration (software or equipment components), asset management, recycling/disposal, training and certification, pre -implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. Contract Vendors may offer, but participating States and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES. Server. This is Band 4 of this solicitation. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software: preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage. This is Band 5 of this solicitation. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessaryfor the proper functioning of the storage environment. Ruggedized equipment: may also be included in the Product and Service Schedule for this band. Storage Area Network. A storage area network (SAN) is a high-speed special-purpose network (or subnetwork) that interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users. Storage as a Service (STaaS). An architecture model by which a provider allows a customer to rent or lease storage space on the provider's hardware infrastructure on a subscription basis. E.g., manage onsite or cloud services. Software. For the purposes of this proposal, software is commercial operating off the shelf machine-readable object code instructions including microcode, firmware and operating system software that are preloaded on equipment. The term "Software" applies to all parts of software and. documentation, including new releases, updates, and modifications of software. Tablet. This is Band 3 of this solicitation. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. Tablet band may include notebooks, ultrabooks, and netbooks that are touchscreen capable. Takeback Program. The Contract Vendor's process for accepting the return of the equipment or other products at the end of life. Third Party Products. Products sold by the Contract Vendor which are manufactured by another company. Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version. Warranty. The Manufacturers general warranty tied to the product at the time of purchase, Wide Area Network or WAN. A data network that serves users across a broad geographic area and often uses transmission devices provided by common carriers. WSCA-NASPO. The WSCA-NASPO cooperative purchasing program, facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a 501(c)(3) limited liability company that is a subsidiary organization of the National Association of State Procurement Officials (NASPO). The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and.political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states and the District of Columbia. The WSCA-NASPO Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be performing contract administration functions as assigned by the Lead State Contract Administrator. 34 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 271 of 710 AMENDMENT NO.: 1 - Renewal PARTICIPATING ADDENDUM NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC- And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS This Amendment ("Amendment') effective April 1, 2017, to the Computer Equipment, Peripherals, & Services Contract No. 43211500-WSCA-15-ACS ("Contract"), between the State of Florida, Department of Management Services ("Department") and ("Contractor') are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Participating Addendum unless otherwise defined herein. Contract Renewal. The Department hereby executes its renewal option for a three (3) year period pursuant to Section 287.057(13), Florida Statutes. The new contract expiration date is March 31, 2020. I. Public Records. The Participating Addendum is amended to add the following: If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency as provided by section 119.0701(2)(b), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, 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 must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 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. II. Annual Appropriation. The Participating Addendum is amended to add the following: Pursuant to section 287.0582, F.S., if the ACS binds the State or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the ACS is contingent upon an annual appropriation by the Legislature. Page 272 of 710 III. Cooperation with the Inspector General. Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/library- archives/records-management/general-records-schedules/), whichever is longer. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include, but will not be limited to salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. IV. 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. V. 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. VI. 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 Management Services By: By: Name: Erin Rock Name: Title: Chief of Staff Date: Title: Date: Page 2 of 2 Page 273 of 710 Florida Department of Management Serviices > Business Operations> State Purchasing >Vendor Information >State Contracts and Agreements > Alternate Contract Source > Computer Equipment. Peripherals & Services << Return Computer Equipment, Peripherals &-Services 4,3211500-WSCA-15-ACS 0,9630,12015 through 03,13112.020 Alternate Contract Source How to Use this Alternate Contract Source Products Categories List Contractors Primo Forms and Other Information Amendments and Memorandums Master Agreements Participating Addenda Christopher McMullen (850) 922-9867 christopher.mcmLillenp_dms.myforida.com UNSPSC-43211500, UNSPSC-43211600, UNSPSC-4321 19,00 Descripfion This, alternate contract source (ACS) authorizes the use of the National Association of State Procurement Officials' ValuePoint Program (NASPO ValuePoint), Computer Equipment, Peripherals and Services contract, which was competitively solicited and awarded by the State of Minnesota. Benefits • This contract is available only for products not on state term contracts. WSCA participating addendurns are entered an behalf of governmental entities in Florida for Ace, Apple, Bytespeed, Clara, Cisco, Computer Technology Link, Dell, EMC, Firefly, Fujitsu, HIP Inc., HP Enterpriise, Hitachi, Howard, IBM, Lenovo, M&A Technology, Microsoft, Microtech, NetApp, Nimble. Panasonic, Pure Storage, Samsung, Tegile, Tintri, Transource, and Xiotecir. Page 274 of 710 Florida, Department of Management Services > BusMess Operation > State Purcfiasi�ag > Vendor Information > State Contracts and Agreements > Alternate Contract Source > Computer Equipment, Peripherals, &'Services > Contractors > Contractors - Dell =0 Contact Information Vendor: Dell Marketing LP FL Minority Business Designation: A — Non -Minority Vendor FEIN: 74-2616805 Contacts: Katherine Dunay Title: Program Contract Manager Street Address: One Dell Way, RRI-33 Round Rock. TX 78682 Phone Number: 512-723-0818 Email Address:atherine dunayQdelli.com Ordering Information Contact Name: Andre Fuqua Title: Sales Representative Address: One Dell Way, RR8-11 Round Rock. TX 78682 Email Address: Andre FLiqua@dell.com Phone Number: 512-513-8704 Toll Free Number: 1-8,00-981-3355, ext. 513-8704 Ordering Fax Numbers: 512-283-3884 Internet Address: Dell Marketing Remit Address: Dell Marketing L.P. CIO Dell USA L.P. Atlanta, GA 3 0 353-41 1 8 Authorized; Resellers ( xv 120.38 KB) Page 275 of 710 I CONSENTAGENDA 12/5/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-123 -Authorize the Mayor to sign an Agreement with Palm Beach County for the monetary assessment for aquatic management services of the private Lake Shore Haven Canals and four private canals in Lake Eden Plat Four as part of Palm Beach County's MSTU program. EXPLANATION OF REQUEST: As part of Palm Beach County's Municipal Service Taxing Unit (MSTU) program, the City of the Boynton Beach and the County will enter into an agreement for monthly aquatic management services, including monthly algae, border grass, and invasive exotic plant control along approximately 2,000 linear feet of private Lake Shore Haven Canal in the Lake Haven Subdivision east of Diane Drive (Exhibit A) and four private canals in Lake Eden Plat Four south of Mission Hill Road (Exhibit B). The Agreement will be in effect for ten (10) years. The City will be responsible for funding and facilitating the program, and the County will assess the property owners for the cost of the program and transfer the collected funds to the City. The County will transfer the collected assessments to the City on the first workday of each quarter of the calendar year over the ten (10) year term of the Agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Agreement will provide a process for maintaining the private canals with funding by each of the property owners through a property assessment by Palm Beach County. The County will provide a list of the benefitting property owners to the City. FISCAL IMPACT: Budgeted The City is responsible for overseeing the program, obtaining bids, administering contracts, participating in a public hearing, paying the initial petition cost of $2,500, and paying the public hearing and final assessment roll fee of $2,500. ALTERNATIVES: Not approve the Agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 276 of 710 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Agreement D Location Map D Location Map Description Resolution appro\Ang Agreement with PBC for MSTU for Canals in Lake Eden Agreement Exhibit A Page 277 of 710 1 RESOLUTION R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AN AGREEMENT WITH PALM BEACH COUNTY 5 FOR THE MONETARY ASSESSMENT FOR AQUATIC 6 MANAGEMENT SERVICES OF THE PRIVATE LAKE SHORE 7 HAVEN CANALS AND FOUR PRIVATE CANALS IN LAKE EDEN 8 PLAT FOUR AS PART OF PALM BEACH COUNTY'S MSTU 9 PROGRAM; AUTHORIZING THE MAYOR TO SIGN THE 10 AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, as part of Palm Beach County's Municipal Service Taxing Unit (MSTU) 13 program, the City of Boynton Beach and the County will enter into an agreement for monthly 14 aquatic management services, including monthly algae, border grass, and invasive exotic plant 15 control along approximately 2,000 linear feet of private Lake Shore Haven Canal in the Lake 16 Haven Subdivision east of Diane Drive and four private canals in Lake Eden Plat Four south of 17 Mission Hill Road; and 18 WHEREAS, the City will be responsible for funding and facilitating the program and 19 the County will assess the property owners for the cost of the program and transfer the collected 20 funds to the City; and 21 WHEREAS, this agreement will provide a process for maintaining the private canals 22 with funding by each of the property owners through a property assessment by Palm Beach 23 County; and 24 WHEREAS, the City Commission upon recommendation of staff, deems it to be in the 25 best interest of the citizens and residents of the City of Boynton Beach to authorize the Mayor 26 to sign an Agreement with Palm Beach County for the monetary assessment for aquatic 27 management services of the private Lake Shore Haven Canals and four private canals in Lake 28 Eden Plat Four as part of Palm Beach County's MSTU program. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\A453696D-C3B8-4817-AAFE-43473701741B1\Boynton Beach. 8000.1. Agreement_ With PBC (MSTU_For Canals)_-_Reso.Doc Page 278 of 710 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. 34 Section 2. The City Commission approves and authorizes the Mayor to sign an 35 Agreement with Palm Beach County for the monetary assessment for aquatic management 36 services of the private Lake Shore Haven Canals and four private canals in Lake Eden Plat Four 37 as part of Palm Beach County's MSTU program, a copy of the Agreement is attached hereto 38 and made a part hereof as Exhibit "A". 39 Section 3. That this Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this day of , 2017. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 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 VOTE C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\A453696D-C3B8-4817-AAFE-43473701741B1\Boynton Beach. 8000.1.Agreement_With PBC (MSTU_For Canals)_-_Reso.Doc Page 279 of 710 65 (City Seal) C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\A453696D-C3B8-4817-AAFE-43473701741B1\Boynton Beach. 8000.1. Agreement_ With PBC (MSTU_For Canals)_-_Reso.Doc Page 280 of 710 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, FLORIDA FOR THE MONETARY ASSESSMENT FOR THE AQUATIC MANAGEMENT SERVICES OF THE PRIVATE LAKE SHORE HAVEN CANALS AND FOUR PRIVATE CANALS IN LAKE EDEN PLAT FOUR THIS AGREEMENT is made and entered into this by and between the City of Boynton Beach, a municip and Palm Beach County, a political subdivision of the Board of County Commissioners, (COUNTY) (coli "party"). WITH"ESSETH: day of , 201_, in the State of Florida, (CITY), of Florida, by and through its "parties" and individually WHEREAS, the COUNTY and the CITY are authorized to enter into this AGREEMENT pursuant to Chapter 163, Florida Statutes, as amended, which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, the "CITY`1 per COUNTY Code, Chapter 26 (MSTU) for monthly aquatic m invasive exotic plant control pla Haven Canal in the Lake View F Eden Plat Four (Exhibit B):_herei WHEREAS, the C the purpose of providing PROJECT; and requested the COUNTY to facilitate an assessment process special Districts, Article 11, Municipal Service Taxing Units gement services including monthly algae, border grass and Long approximately 2,000 linear feet of private Lake Shore ,n Subdivision (Exhibit A) and in four private canals in Lake ter referred to as the PROJECT; and 1 cause to be prepared, scope of services and specifications for 10) years of monthly aquatic management services for the WHEREAS, the CITY is desirous of funding and facilitating the PROJECT if at least 51 % of initial petitions returned by the benefitting property owners agree to the PROJECT; and WHEREAS, the COUNTY is agreeable to assessing the property owners benefitting from the PROJECT over a TEN (10) year period at an interest rate not to exceed 5.5% per annum, and transferring the collected funds to the CITY; and WHEREAS, the CITY is agreeable to including the COUNTY administrative fees in the funding of the PROJECT. Page 1 of 7 Page 281 of 710 NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: The above recitals are true and correct and hereby adopted and incorporated herein. 1. COUNTY Responsibilities: A. The COUNTY will petition the benefitting property owners within the PROJECT boundary to determine if a majority (51%) of the returned petitions are in favor of being assessed by the COUNTY for the PROJECT. B. Notify the benefitting property owners, by letter, of their proposed assessment when the CITY receives bids, and the PROJECT costs, including Palm Beach County Property Appraisers', Office of the Clerk & Comptrollers' and Tax Collectors' fees, are known, and the Public Hearing date scheduled before the Palm Beach County Board of County Commissioners (BCC). C. Hold a Public Hearing in the COUNTY Commissioners' chambers before the BCC to establish and confirm the benefitting property owners' assessment. D. Provide the CITY with a list of benefitting property, owners based on the assessment roll approved at the COUNTY Public Hearing. E. Transfer the assessments collected to the CITY on the first workday of each quarter of the calendar year. 2. CITY Responsibilities: A. Oversee the PROJECT at the CITY'S sole cost. B. Participate in the Public Hearing before the BOARD to answer any questions. C. Reimburse the COUNTY for costs incurred during the administration of the MSTU assessment program for the PROJECT, including but not limited to staff costs, initial petition process, public hearing process and mailing costs, at the following lump sum for each milestone achieved: Initial Petition process Completion: $2,500, regardless of the outcome of the petitions; Public Hearing process and Final Assessment Roll filed: $2,500. The CITY shall pay to the COUNTY compensation as set forth above within thirty (30) days of receiving written notification from the COUNTY of completion of the above milestones. COUNTY will not proceed with work for the next milestone until payment of the previous milestone is received. 3. PERSONNEL: All of the PROJECT services required herein shall be performed by the CITY's contractor and will be overseen by CITY personnel. All personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. As provided in Section 287.132-133, Fla. Stat., by entering into the agreement or performing any work in furtherance hereof, CITY certifies that its' affiliates, suppliers, contractors, sub -contractors and consultants who perform work hereunder, have not been Page 2 of 7 Page 282 of 710 placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Fla. Stat. 4. INDEMNIFICATION: Each Party shall be liable for its own actions and negligence and, to the extent permitted by law, County shall indemnify, defend and hold harmless City against any actions, claims or damages arising out of County's negligence in connection with this Agreement, and City shall indemnify, defend and hold harmless County against any actions, claims, or damages arising out of City's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver if sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the sand be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. 5. NOTICE: All notices, requests, consents and other this Agreement shall be in writing and overnight courier of messenger services, the following addresses:' COUNTY Palm Bea4 Attention: communications required or permitted under shall be ;hand delivered by prepaid express or mailed by registered or certified mail to E. 1229, W. Palm Beach, FL 33416 CITY City of Boynton Beach Public Services Attention: Colin Groff, PE Assistant City Manager — Public Services 100 EBoynton Beach Blvd., Boynton Beach, FL 33435 If either party changes its mailing address of designated recipient for notices, such change shall be communicated in writing to the other party within thirty (30) days of the change. 6. MI NS A. REMEDIES: This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The failure of any party to Page 3 of 7 Page 283 of 710 insist on a strict performance of any of the terms and conditions hereof shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. B. THIRD PARTY BENEFICIARIES: No provision of this Agreement is intended to, or shall be construed to, create any third parry beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the COUNTY and/or CITY. A. ARREARS: The CITY shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any agreement, debt, obligation, judgment, lien, or any form of indebtedness. The CITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. D. ACCESS AND AUDITS: The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Agreement. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CITY's place of business. Palm Beach Cc County Code, authority incluc County agreem records, and to officers. agents. to on shall has established the C ion 2-421 - 2-440, as gut is not limited to tb , transactions, accoun lit, investigate, monitc Dlovees. and lobbvists and punished pursua degree misdemeanor. ce of the Inspector General in Palm Beach ay be amended. The Inspector General's )ower to review past, present and proposed and records, to require the production of and inspect the activities of the CITY, its order to ensure compliance with agreement the Inspector General or interfering with or impeding any olation of Palm Beach County Code, Section 2-421 - 2-440, Section 125.69, Fla. Stat., in the same manner as a second - E. NONDISCRIMINATION: The CITY will include in the aquatic management contract that, the Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression, or genetic information. F. SEVERABILITY: If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and Page 4 of 7 Page 284 of 710 every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. G. ENTIRETY OF AGREEMENT The COUNTY and the CITY agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. F. ATTORNEY FEES: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to the Agreement. I. GOVERNING LAW AND VENUE: This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of laws principle. Venue of all proceedings in connection herewith shall be exclusively in Palm Beach County, Florida, and each party hereby waives whatever their respective rights may have been in the selection of the venue. J. LIABILITY: The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party (or parties). Nothing contained herein shall be construed as a waiver by the parties, of the liability limits established in Section 76828_ Fla. Stat. K. LAWSUITS: CITY shall promptly notify COUNTY of any lawsuit -related complaint, or cause of action threatened or commenced against it, which arises out of or relates, in any manner, to the performance of this Agreement. L. DEFAULT: The parties expressly covenant and agree that in the event any of the parties is in default of its obligations under this Agreement, the parties not in default shall provide to the defaulting party thirty (30) days written notice before exercising any of their rights. M. JOINT PREPARATION: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. Page 5 of 7 Page 285 of 710 N. BINDING EFFECT: All of the terms and provisions of this Agreement whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. O. HEADINGS: The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. P. COUNTERPARTS: This Agreement may be executed in one or deemed an original, but all of which to€ instrument. Q. ASSIGNABILITY: This Agreement may not be assigned w Agreement, provided such consent may i R. ANNUAL APPROPRIATION: County's performance and obligation annual annronriation by the Board. S. FILING: A copy of this Agreement Palm Beach Countv, Florid; be ve as rparts, each of which shall be constitute one and the same t prior written consent of all parties to this unreasonably withheld. under the Agreement is contingent upon an the Clerk of the Circuit Court in and for date that it is signed by all parties hereto. THIS SPACE LEFT BLANK INTENTIONALLY Page 6 of 7 Page 286 of 710 EXECUTED by the CITY OF BOYNTON BEACH this day of 201 (Authority Seal) ATTEST: CITY OF BOYNTON BEACH Judith Pyle, CITY Clerk Steven B. Grant, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY_i__, CITY Attorney EXECUTED by COUNTY this day of 201. (County Seal) ATTEST: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant County Attorney PALM BEACH COUNTY, FLORIDA By ITS BOARD OF COUNTY COMMISSIONERS Mayor APPROVED AS TO TERMS AND CONDITIONS: Division Director Page 7 of 7 Page 287 of 710 AQ,UATIc MAWT`> MANCE SITE # Lake Shore Haven Canal 625 312.5 0 625 Feet Map Sale: 1" = 120' Map Created B ; Gre wens P 85 V5710 AQ,UATIc MAWT`> MANCE SITe # Lake Eden Four Canals 600 300 0 600 Feet Map Sale: 1" = 300' Map Created B ; Gre wens Pa 5 V510 6.E. CONSENTAGENDA 12/5/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-124 - Authorize the City Manager to sign the Palm Beach County I nterlocal Agreement to issue a declaration of local state of emergency and upon request of the County, the City shall staff each emergency shelter located within its municipal boundaries. EXPLANATION OF REQUEST: Staffing will consist of at least one emergency medical technician and one paramedic or two paramedics (collectively the "Emergency Medical Services Staff') during the State of Emergency. In addition, the City's EMS staff shall be solely responsible for providing ALS equipment as reasonably required to support the EMS staff function for the duration of shelter operations. These services have been provided in the past based on mutual understanding, however, the County is looking to formalize agreements with all agencies throughout Palm Beach County. Emergency Medical Services is part of the day to day operations of the Fire Service. Emergency Medical Technicians, and or Paramedics are the resources we use in life saving situations and especially during natural disasters. Having EMS on site increases lifesaving capabilities while decreasing response time from being dispatched, which could be delayed due to roadway hazards. The term of the agreement shall be for five (5) years upon execution. The agreement may be terminated by either party upon sixty (60) days prior written notice to the other party. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In order to function and perform emergency medical care duties, members must have the necessary agreement in place to operate under the direction of the contracted medical director. The shelter team at each emergency shelter will establish designated medical treatment areas. The EMS Staff will perform all work at the shelter under the direction and authority of ALS Services within the City. Without this agreement, Boynton Beach Fire Rescue would not be able to effectively perform these services. FISCAL IMPACT: Non -budgeted The fiscal impact of this agreement will be negligible since the City is already providing those services based on a long standing informal agreement with Palm Beach County Division of Emergency Management. ALTERNATIVES: The City of Boynton Beach may opt out of providing EMS support at hurricane/disaster shelters locations within the city limits. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 290 of 710 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Memo D I nterlocal Agreement Description County to staff emergency shelters within municipal boundaries Memo IWAN Mm2s= Page 291 of 710 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 RESOLUTION R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY TO ISSUE A DECLARATION OF LOCAL EMERGENCY AND STAFF EACH EMERGENCY SHELTER WITHIN THE MUNICIPAL BOUNDARIES; AUTHORIZING THE CITY MANAGER TO SIGN THE INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Emergency Medical Services is part of the day to day operations of the Fire Service; and WHEREAS, Emergency Medical Technicians, and or Paramedics are the resources we use in life saving situations and especially during natural disasters; and WHEREAS, having EMS on site increases lifesaving capabilities while decreasing response time from being dispatched, which could be delayed due to roadway hazards; and WHEREAS, these services have been provided in the past based on mutual understanding, however, Palm Beach County would like to formalize the agreement with all agencies throughout the County; and WHEREAS, the City Commission upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to authorize the City Manager to sign the Interlocal Agreement with Palm Beach County to issue a declaration of local state of emergency and upon request of the County, the City shall staff each emergency shelter located within it municipal boundaries. 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 C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\OBC08FAE-0091-4264-8E3D-C47A118A2411\Boynton Beach. 7939.1. ILA With PBC (Declare_Emergency_And_Staff Shelters)_-_Reso.Doc Page 292 of 710 29 hereof. 30 Section 2. The City Commission approves and authorizes the City Manager to sign 31 the Interlocal Agreement with Palm Beach County to issue a declaration of local state of 32 emergency and upon request of the County, the City shall staff each emergency shelter located 33 within it municipal boundaries, a copy of the Interlocal Agreement is attached hereto and made 34 a part hereof as Exhibit "A". 35 Section 3. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of , 2017. 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 41 42 Mayor — Steven B. Grant 43 44 Vice Mayor — Justin Katz 45 46 Commissioner — Mack McCray 47 48 Commissioner — Christina L. Romelus 49 50 Commissioner — Joe Casello 51 52 53 VOTE 54 55 ATTEST: 56 57 58 59 Judith A. Pyle, CMC 60 City Clerk 61 62 63 64 (Corporate Seal) 65 YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\OBC08FAE-0091-4264-8E3D-C47A118A2411\Boynton Beach. 7939.1. ILA With PBC (Declare_Emergency_And_Staff Shelters)_-_Reso.Doc Page 293 of 710 Department of Public Safety Division of Emergency Management 20 S. Military Trail West Palau Beach, Ft, 33 412 (561)712-6400 Fax: (564)712-6464 as u,-nbca? -cool El Palm Beach County Boardof County Commissioners Paulette Burdick, Mayor Melissa McKinlay, Vice Mayor Hal R. Valeche Dave Kerner Steven l., Abrams Mary Lou Berger Mack Bernard County Administrator Verdenia C. Baker ".4n Equal Opportunity, 41jirmative Action k mplover MEMORANDUM. TO: EMS Coordinator Mike Landress FROM: Sally Waite Palm Beach County Emergency Management DATE: October 24, 2017 RE: Interlocal Agreement between Palm .Beach County and the staffing of Emergency Shelters by EMS staff. Attached are three (3) original Interlocal Agreements that were previously viewed by your Department. Please have all three (3) signed by the appropriate staff and returned to me. If you have any questions, please feel free to contact me at 561-712-6484. Thank you for your time and consideration Page 294 of 710 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE STAFFING OF EMERGENCY SHELTERS BY EMERGENCY MEDICAL SERVICES STAFF This Interlocal Agreement ("Agreement") is made as of the day of ,2017, (the "Effective Date") by and between the Board of County Commissioners, Palm Beach County, a political subdivision of the State of Florida (herein referred to as the "County"), and the City of Boynton Beach a municipal corporation of the State of Florida (herein referred to as the ("City"), each one constituting a public entity as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into Interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. Such disasters are likely to exceed the quality of any one local government to cope with the disasters with existing resources; and WHEREAS, the Emergency Management Act, as amended, gives the local government of the State the authority the make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. WHEREAS, the parties desire to plan for and coordinate activities relating to emergency preparedness, response, recovery, and mitigation, including planning for the medical needs of persons temporarily located at emergency shelters during a declared state of emergency; and WHEREAS, those municipalities with emergency shelters have agreed to staff the public shelter(s) with Emergency Medical Services (EMS) staff, and advanced life support (ALS) equipment during an emergency in order to provide for medical needs during an emergency, if needed. NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the County and the City agree as follows: ARTICLE 1— RECITALS The above recitals are true, correct and incorporated herein. Page 1 of 6 Page 295 of 710 ARTICLE 2 - REPRESENTATIVE/MONITORING POSITION The County's representative/Agreement monitor during the term of this Agreement shall be Mary Blakeney, whose telephone number is (561) 712-6549. The C6 representative/contact monitor during the term of the Agreement shall be EMS Coordinator Mike Landress, whose telephone number is (561) 642-6337. ARTICLE 3- DECLARATION OF STATE OF EMERGENCY This Agreement is activated upon both an official declaration of emergency by the State of Florida or by Palm Beach County followed by a request of County to C6for medical staffing of emergency shelters pursuant to this Agreement. ARTICLE 4 - SHELTER STAFF REQUIREMENTS Following a County issued declaration of local state of emergency and upon request of the County, the City shall staff each emergency shelter located within its municipal boundaries with at least one emergency medical technician and one paramedic or two paramedics (collectively the "Emergency Medical Services Staff') during the state of emergency. In addition, the Cm's EMS staff shall be solely responsible for providing ALS equipment as reasonably required io suppori the EMS staff function as long as the shelter remains open. The shelter team at each emergency shelter will establish a clearly designated medical treatment area. The EMS Staff shall be in the performance of all work at the shelter, employees of the Ci1y and under the direction and authority of such officials and physicians as customary and required in the day-to- day provision of ALS services within the Cit5fs boundaries and subject to the Ci 's management, supervision, control and authority. In no event shall the EMS staff employed by or assigned by the C6be considered employees, agents, servants or contractors of the County. ARTICLE 5 — REIMBURSEMENT OF COSTS The County shall reimburse the Cijy-incurred costs of the EMS staff as mutual aid costs to the extent such are eligible costs in accordance to FEMA's Recovery Policy RP 9523.6 and applicable FEMA guidance. Within thirty (30) days of the declaration of a local state of emergency for which assistance was requested, the City shall submit to the County representative, documentation substantiating the actual costs incurred to the satisfaction of the County's Division of Emergency Managements office, the State Office of Emergency Management and/or FEMA as required for the County to apply for and process the reimbursement request. As applicable, the Cily may request the County approval to submit its own claim for reimbursement. ARTICLE 6 — FILING A copy of this Agreement will be filed with the Clerk of Circuit Court in and for Palm Beach County and with the Ci 's Clerk's Office. ARTICLE 7 — REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary Page 2 of 6 Page 296 of 710 to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the County and/or the CC. ARTICLE 8 - LIABILITY/INDEMNIFICATION Each party to this Agreement shall be liable for its own actions and negligence. In no event shall any provision of this Agreement be construed as a waiver of sovereign immunity or a consent to be sued by a third person, by either the City or the County. In no event shall this be intended as a waiver, limitation, abrogation, repeal, or replacement of any common law and/or statutory exemptions, immunities or protections from liability, including but not limited to, those established in Chapter 768, Florida Statutes. This section shall survive expiration or termination of this Agreement. ARTICLE 9 — ARREARS The Cil-, shall not pledge the County's credit or mare it a guarantor of payment or surety :;r any Agreement, debt, obligation, judgment, lien, or any form of indebtedness. The City further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 10 - ACCESS AND AUDITS The County shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the City's place of business. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the City, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second-degree misdemeanor. ARTICLE 11— NONDISCRIMINATION The City warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information. 01y has submitted to County a copy of its non-discrimination policy which is consistent with the above, as contained in Resolution R-2014-1421, as amended, or in the alternative, if the Cily does not have a written non-discrimination policy, it has acknowledged through a signed statement provided for Page 3 of 6 Page 297 of 710 County affirming their non-discrimination policy conforms to R-2014-1421, as amended. ARTICLE 12- AUTHORITY TO PRACTICE The City hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct pre -hospital emergency medical services while staffing the public shelter. Proof of such licenses and approvals shall be submitted to the County's representative upon request. ARTICLE 13 — SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 14 — NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the County, notices shall be addressed to: Bill Johnson, Director 20 South Military Trail West Palm Beach, FL 33415 with copy to: Palm Beach County Attorney's Office 301 North Olive Ave. — 6the Floor West Palm Beach, Florida 33405 If sent to the City, notices shall be addressed to: EMS Coordinator Mike Landress 2080 High Ridge Road Boynton Beach, FL 33426 with copy to: CityLs Attorney's Office James A. Cherof, Esquire Goren Cherof Doody & Ezrol, P.A. 3099 East Commercial Blvd., Ste. 200 Fort Lauderdale, FL 33308 ARTICLE 15 - ENTIRETY OF CONTRACTUAL AGREEMENT The County and the Cy agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of Page 4 of 6 Page 298 of 710 the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except, by written instrument executed by the parties hereto. ARTICLE 16 — TERM AND EXPIRATION This Agreement will commence following the execution of this Agreement on the Effective date and shall continue for a term of five (5) years. The parties may mutually agree to renew the Agreement for another term of five (5) years, which must be documented in a written amendment executed by both parties. ARTICLE 17- TERNIINATION This Agreement may be terminated by either parry upon sixty (60) days prior written notice to the other party. Page 5 of 6 Page 299 of 710 IN WITNESS WHEREOF, Palm Beach County, Florida, by and through its Board of County Commissioners and the City of Boynton Beach, Florida, a municipal corporation, have made and executed this Agreement on behalf of the County and the City, on the date first above .written. Verdenia Baker County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney APPROVED AS TO TERMS AND CONDITIONS Department Director CITY OF BOYNTON BEACH By: Ci Representative APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Ci Attorney ATTEST: By: Cily Representative Page 6 of 6 Page 300 of 710 6. F. CONSENTAGENDA 12/5/2017 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 December 5, 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 NUMBER RENEWAL TERM IMAGE JANITORIAL Custodial services for City City Bid No. 078-2511- December 2, 2017 SERVICES, INC. Building and Facilities 13/J MA thru December 1, 2018 GLOBAL TRADING Miscellaneous Uniforms to City Bid No. 005-1412- December 7, 2017 Include Embroidery and 17/MFD thru Silk Screening, Annual December 6, 2018 Supply THE WAG GROUP OF Sign Language Interpreting City Standard Two -Party January 1, 2018 thru WEST PALM BEACH, Services Agreement December 31, 2018 FL; NATIONWIDE INTERPRETER RESOURCE, INC. INFORMATION Laserfiche Annual City Quote No. Q-029- January 5, 2018 thru CONSULTANTS, INC. Maintenance and Support 1710-16/J MA January 4, 2019 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. Page 301 of 710 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type MEMO= D Other D Other D Other D Other D Other D Other Description REQUESTS FORBID EXTENSIONS AND PIGGY -BACKS ® Summary Renewal Interest ® Image Janitorial Renewal Interest® Global Trading Renewal Interest ® The WAG Group Renewal Interest ® The WAG Group Renewal Interest- Nationwide Interpreter Group Renewal Interest- Information Consultants, Inc. Page 302 of 710 REQUESTING DEPARTMENT. PUBLIC WORKS/ FACILITIES DEPARTMENT CONTACT. GAIL MOOTZ TERM: DECEMBER 2, 2017 thru DECEMBER 1, 2018 SOURCE FOR PURCHASE: CITY BID No. 078-2511-13/JMA ACCOUNT NUMBER: 001-2511-519-34-10 VENDOR(S): IMAGE JANITORIAL SERVICES, INC. ANNUAL ESTIMATED EXPENDITURE: $400,000 DESCRIPTION: On November 5, 2013, City Commission approved a two year award to Image Janitorial Services, Inc. as the lowest, most responsive, responsible bidder for Custodial Services for City Municipal Buildings and Facilities. Image Janitorial Services performs daily and weekly custodial services for scheduled cleaning and additional emergency and/or deep cleanings as required. This bid allowed for three (3) one-year renewal periods with the same terms, conditions and pricing. The City has already exercised the first two renewal options. Image Janitorial has agreed to renew the bid with the same terms, conditions and pricing for the final one (1) year term. REQUESTING DEPARTMENT. WAREHOUSE DEPARTMENT CONTACT. MICHAEL DAUTA TERM: DECEMBER 7, 2017 thru DECEMBER 6, 2018 SOURCE FOR PURCHASE: CITY BID No. 005-1412-17/MFD ACCOUNT NUMBER: 502-0000-141-0100 VENDOR(S): GLOBAL TRADING ANNUAL ESTIMATED EXPENDITURE: $35,000 DESCRIPTION: On December 6, 2016, City Commission approved a one year award to Global Trading (Primary Vendor) and G & K Services, Inc.(Secondary Vendor) as the lowest, most responsive, responsible bidders for the Annual Supply of Miscellaneous Uniforms to Include Embroidery and Silk Screening. This bid allows for two (2) additional one-year renewal periods with the same terms, conditions and pricing. Global Trading has agreed to renew the bid with the same terms, conditions and pricing for the first one (1) year term. Staff has determined that it is not in the City's best interests to exercise the renewal option with G & K Services. Staff have learned that there has been a change in corporate ownership with G & KServices. On multiple occasions, staff have requested additional information and documentation relative to the type of change (i.e. merger, acquisition, name change) from the vendor. To date, no data or documentation has been furnished. Per the terms of the Contract, 'Any Purchase Order issued pursuant to this bid invitation and the funds which may come due hereunder are not assignable except with the prior written approval of the City. "Staff has not approved an assignment of Contract and does not wish to renew the Contract with G & K Services. REQUESTING DEPARTMENT. ITS DEPARTMENT CONTACT. JOHN MCNALLY TERM: JANUARY 5, 2018 thru JANUARY 4, 2019 SOURCE FOR PURCHASE: CITY QUOTE No. 029-1710-16/JMA ACCOUNT NUMBERS: 001-1510-513.46-91; 401-2810-536.49-41; 401-2821-536.46-91; and 001-2111-521.46-20 VENDOR(S): INFORMATION CONSULTANTS, INC. ANNUAL ESTIMATED EXPENDITURE: $28,000 DESCRIPTION: On January 5, 2016, City Commission authorized the City manager to sign an Agreement for the software upgrade, migration and yearly maintenance/support of Laserfiche, the City's document management system with Information Consultants, Inc. of Miami, FL for a one-year period. This Agreement has four (4) one-year renewal terms. The City has already exercised one, one-year renewal term. The Vendor has agreed to renew the Agreement for the second one-year renewal term under the same prices, terms and conditions. REQUESTING DEPARTMENT. CITY MANAGER'S OFFICE DEPARTMENT CONTACT. Debbie Majors TERM: January 1, 2018 thru December 31, 2018 SOURCE FOR PURCHASE: City Two -Party Agreement ACCOUNT NUMBER: The appropriate account(s) will be charged at the time of release. VENDOR(S): THE WAG GROUP; NATIONWIDE INTERPRETER RESOURCE, INC. ANNUAL ESTIMATED EXPENDITURE: $3,400 per year DESCRIPTION: On December 19, 2016, City Commission authorized the City Manager to execute, three (3) one-year Agreements with Gulfstream Goodwill Industries Deaf Services, The WAG Group and Nationwide Interpreter Resource, Inc. (Agenda Item 6.A.) for American Sign Language Interpreting Services. The Agreement allows for two (2) additional one-year renewal terms with the same terms and conditions and prices. Gulfstream Goodwill Industries Deaf Services has declined to renew the Agreement. The WAG Group and Nationwide Interpreter Resource, Inc. have agreed to extend the contract for American Sign Language Interpreting Services for the first one-year renewal term with the same terms, conditions and prices. I November 3, 2017 Timothy B. Wilson, President IMAGE JANITORIAL SERVICES, INC. 814 14th Street Lake Park, FL 33403 VIA EMAIL TRANSMITTAL TO: twilson@imagecompanies.com REF: Bid No.078-2511-131JIMA —CUSTODIAL SERVICES FOR CITY FACILITIES CURRENT CONTRACT PERIOD: DECEMBER Z 2016 THRU DECEMBER 1, 2017 Dear Mr. Wilson: The subject Bid for "Custodial Services for City Facilities" will expire on December 1, 2017. This Bid allows for one (1) additional one-year renewal under the same prices, terms and conditions. The City of Boynton Beach would like to renew this contract with Image Janitorial Services for the final one-year term under the same terms and conditions. Please indicate your response on the following page and return it via email to triesttmani@bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Ilyse Triestman, Purchasing Manager at (561) 742-6322. Thank you. Sincerely, Tim W. Howard Assistant City Manager - Administration Director of Financial Services cc* Gail Mootz, Crew Supervisor File America's Gateway to the Gulf Stream Page 305 of 710 Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of December 2, 2017 thru December 1, 2018. No, I do not wish to renew the agreement for the following reason(s): NAME OF COMPANY NAME OF REtRESENTATIVE (Please print) DATE E-MAIL ADDRESS f. SIGNATUVE Lk TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 306 of 710 BID NAME: "ANNUAL SUPPLY OF MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" BID NO.: 005-1412-17/MFD Contract Renewal Period: DECEMBER 7, 2017 THROUGH DECEMEBER 2018 Agreement between the City of Boynton Beach, and Global Trading Inc.; 1Yes, I agree to extend the existing Bid for the Annual Supply for Embroidery and Silk Screening under the same Terms and Conditions for an additional year: December 7, 2017 through December 6, 2018. No, I do not wish to renew the agreement for the following reason(s): NAME OF REPRESENTATIVE (please print) DATE SIGNATURFt/ TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulfstream Page 307 of 710 ss�Wciclv (l,uijd Bseald) 3,ALLV.LN3S3'd,d3'H -�O 31MYN ANWIN300 JO 3VVV N dno,do,ow 3Hi , s) uospai bu 1AAol Iq aqj jq. juawaou Be, aq,4 mau aj 0,1 q,slm IOU OP I 'ON 'MZ'�C jaq,waoao nj4,1 S�OZ'L. kenuarjo popad 18*9uai aql 41 SUOPPOO pug B sUXQ-i 01112s G141 qllm lU8w9aJ&8 6u'lslxa QWl MGuQJ 01 OGJBe 1'90,k 1 � !MMMM� 11. "M UTTTMi F., I 9 r mrze fr9s) xvv 0 TE- 9,qpZ fr9S) :oAf ?uuqdjjd-L oroo�sa,SE apylau VDas, UQQUAOS OTE XG9 'o'd p.j,oA&,,rwg qavag ffllll�l 7 `31M, 0 ti 4-- 0 co 0 m (D 0) M 0- ss�Wciclv (l,uijd Bseald) 3,ALLV.LN3S3'd,d3'H -�O 31MYN ANWIN300 JO 3VVV N dno,do,ow 3Hi , s) uospai bu 1AAol Iq aqj jq. juawaou Be, aq,4 mau aj 0,1 q,slm IOU OP I 'ON 'MZ'�C jaq,waoao nj4,1 S�OZ'L. kenuarjo popad 18*9uai aql 41 SUOPPOO pug B sUXQ-i 01112s G141 qllm lU8w9aJ&8 6u'lslxa QWl MGuQJ 01 OGJBe 1'90,k 1 � !MMMM� 11. "M UTTTMi F., I 9 r mrze fr9s) xvv 0 TE- 9,qpZ fr9S) :oAf ?uuqdjjd-L oroo�sa,SE apylau VDas, UQQUAOS OTE XG9 'o'd p.j,oA&,,rwg qavag ffllll�l 7 `31M, The City of Boynton Beach FinoncelProcurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florido 33425-0310 Telephone No: (5611742-6310 FAX: (561) 742-6315 AGREEMENT FOR AMERICAN SIGN LANGUAGE (ASL) INTERPRETING SERVICES CONTRACT RENEWAL PERIOD: JANUARY 1, 2018 THRU DECEMBER 1, 2019 Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of January 1, 2018 thru December 31, 2019. No, I do not wish to renew the agreement for the following reason(s): NATIONWIDE INTERPRETER RESOURCE, INC. NAME OF COMPANY SIGNAT JUKE NAME OF REPRESENTATIVE (Please print) I 1 -1 -1-7 DATE E-MAIL ADDRESS TITLE - s (0 ?- -0 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 310 of 710 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 October 16, 2017 RFQ for: LASERFICHE ANNUAL MAINTENANCE AND SUPPORT RFQ No.: Q-029-1710-16/JMA Agreement between the City of Boynton Beach and INFORMATION CONSULTANTS, INC.: RFQ RENEWAL TERM: JANUARY5, 2018 TO JANUARY4, 2019 XYes, I agree to renew the existing contract under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the contract for the following reason(s) INFORMATION CONSULTANTS, INC. NAME OF COMPANY Pierre A Smith NAME OF REPRESENTATIVE (please print) 10/17/2017 DATE psmith@icons-inc.com E -MAI L SIGNATURE President TITLE 954-989-3704 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 311 of 710 6.G. CONSENTAGENDA 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on November 21, 2017. EXPLANATION OF REQUEST: The City Commission met on November 21, 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: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Minutes Description Minutes 11-21-17 Page 312 of 710 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY NOVEMBER 21, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor (arrived 6:51 pm) Mack McCray, Commissioner Joe Casello, Commissioner (arrived 6:51 pm) Christina Romelus, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Lori LaVerriere, City Manager Shana Bridgeman, Asst. City Attorney Judith A. Pyle, City Clerk Mayor Grant called the meeting to order at 6:30 p.m. Invocation Commissioner McCray gave the invocation Pledge of Allegiance to the Flag Mayor Grant led the Pledge of Allegiance to the Flag. Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to add item onto new business in the case of Hasan Caliskan vs. the City of Boynton Beach. He requested to add an announcement for the Boynton Beach Wild Cats as item 3.D. 2. Adoption Motion Commissioner McCray moved to approve as amended. Commissioner Romelus seconded the motion. Page 313 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner McCray wanted the Wildcats to have all the time they needed. Mayor Grant on November 8th met with the pension consultant, attended Flood Awareness workshop at the Intercostal Park Club House. November 9th attended Forest Park Elementary for the new Ben Carson reading room, was able to meet with Ms. Candy Carson, in addition attended South Tech Summit for the Healthier Boynton Beach luncheon, and attended the City of Boynton Beach, Stop the Bleed seminar regarding what to do if someone was bleeding. November 10 attended Keiser University 40th anniversary. November 11 was at the Veterans Park event, for Blue Star Highway at the Intracoastal Park and at Hunters Run. November 15th attended the National League of City in Charlotte. November 18, attended the traveling sauna and had a great time. He gave the delegates from Rama Finland a tour of Troy's restaurant. He also attended the Leukemia and Lymphoma Society Walk and the FAU game. On November 20 attended Leisureville HOA meeting to provide an update on what was happening in the City. Commissioner Romelus stated she was able to meet with the delegates from Rama Finland, had an opportunity to showcase all the great things from the City of Boynton Beach. She attended a turkey giveaway at the Hosanna Alliance Church. This was in partnership with Growing Strong Ministry; they gave out more than 100 turkey baskets. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. City Hall will be closed for the Thanksgiving holiday on Thursday, November 23 and Friday, November 24, 2017. Mayor Grant announced Thursday, November 23 and Friday, November 24, 2017 City Hall will be close for the Thanksgiving holiday. B. Announcement by Recreation & Parks Director Wally Majors about the upcoming Holiday Events and the person that was chosen as the Grand Marshal for the Parade. Wally Majors, Recreation & Parks Director, gave a list of the upcoming events for the Month of December: Holiday Movie - Friday, December 1 - 7pm @129 East Ocean Avenue. Page 314 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 Holiday Parade - Saturday, December 2 - 4pm on Federal. Hwy. Holiday Tree Lighting - Saturday, Dec. 2 - 5:30pm @129 East Ocean Ave. Holiday Boat Parade - Friday, December 8, - 6pm @ 735 Casa Loma Blvd. Music on the Rocks - Friday, December 15, 6pm @ 129 East Ocean Ave. He announced the Grand Marshall was chosen by the Parks and Recreation Advisory Board. He introduced Mr. Enrique Zuanetto as the Grand Marshall for the 2017 Holiday Parade. Mr. Majors announced Mr. Zuanetto worked at the Soup Kitchen of Boynton Beach for 20 years, starting out as a volunteer; he is now the Executive Director. Under his leadership the Soup Kitchen has grown tremendously. The Soup kitchen has served over 40,000 meals for those in need in the past two months. He has implemented Meals on Wheels program, partnering with the Police Department. Mr. Zuanetto went above and beyond when he opened the doors of the Soup Kitchen to the homeless Boynton Beach residents which refused to leave the area during the storm. Mr. Majors indicated he was proud to have Enrique Zuanetto as the Grand Marshall for 2017. C. Proclaim November 25, 2017 as Small Business Saturday. Mayor Grant read the Proclamation declaring November 25, 2017 as Small Business Saturday. D. Announcements from the East Boynton Beach Wildcats. Michael Byrd, President of the East Boynton Beach Wildcats, gave an update regarding the East Boynton Beach Wildcats' accomplishments for the 2017 year. Mr. Byrd indicated this was the 8th season with 322 children and over a 100 volunteers. This year they were the Orange Bowl Park of the year for the 3rd year. The team has a Miami Dolphin team mom of the week, Tranee Fields and the Miami Dolphin athlete of the week, Snyder Joseph. The cheerleaders went to the Orange Bowl competition. He indicated out of 18 teams in their division they placed 2nd. We have our 12 and under football team played in the super bowl and was runner up for 2017. The youngest ones that can play tackle football, they are 4 and 5 year olds; they are the 2017 Super Bowl Champions. Mr. Byrd wanted to thank Chief Katz, the City Manager and the Commission for all of the support that they have given throughout the year. Commissioner McCray request parents of the Wildcat team to stand. He thanked the parents for not giving up. He stated they did not give up when they had a score board that did not work and problems with gun shots. He thanked Commissioner Casello with voting to get the new scoreboard. He continued to say the children are the future, but he said they are our present. Mayor Grant indicated he was able to attend the Wildcat's game this year. He indicated there was a training facility in Miami. Mayor Grant inquired about the Orlando training. Page 315 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 Mr. Byrd replied it helped for the season. Both of those age groups that went to Orlando are the ones that went to the Super Bowl. Mayor Grant indicated they need to make sure all age groups get the opportunity for the additional training. Commissioner Romelus stated it was great to see all these faces, these young faces; these kids are the future as well as the present, not just for football but for life. We have dedicated parents and coaches. Commissioner McCray requested a small cheer. (The Wildcats cheerleaders performed a Cheer.) 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) Susan Oyer, 140 S.E. 27 Way, provided an article on green government to the Commissioners. She indicated that was not the most current article. She stated there were 70 cities in the state of Florida considered green. She said Miami Dade has an expedited permitting process for green projects. She also said last year, Miami Beach began requiring developers of projects larger than 7,000 square feet to conserve energy and water or pay the city a fee equal to 5% of the total construction cost. Cindy Falco-DiCorrado, 316 NW 1St Avenue, announced the Heart of Boynton Beach, at the Carolyn Sims Park would be serving individual turkey dinners for those in need on Thanksgiving day from 11:00 am until 1 pm. Dr. Piotr Blass, 113 West Tara Lakes Drive, spent several weeks in Arkansas, teaching at the University of Arkansas. He wanted to congratulate the Commission for saving the Old High School. He stated the Mayor promised the University of Boynton a classroom. He stated he will be taking over the Mall for the University of Boynton Beach. He said the next step was to harness the energy from the Gulf Stream. Mayor Grant announced Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 4 Page 316 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 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: 2 Regs and 2 Alts Historic Preservation Bd: 4 Regs Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt Mayor Grant informed the Commission there was no one applying to the advisory boards. The next meeting was for the open positions. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-114 - Authorize the City Manager to apply for, accept, and execute all grant documents, including the Grant Agreement, subject to the approval of the City Attorney. B. PROPOSED RESOLUTION NO. R17-115 - Approve and Authorize the City Manager to sign the First Amendment to the Agreement with Ultimate Bakery and Pastry, Inc. (Operator) for concessionaire services at the Links Golf Course. C. PROPOSED RESOLUTION NO. R17-116 - Approve and authorize the execution of an Inter -local Agreement with the Palm Beach County Supervisor of Election for vote processing equipment use and election services. D. PROPOSED RESOLUTION NO. R17-117 - Amend the FY2016-2017 Budget to adjust budgeted appropriations and revenue sources to provide spending authority for Operating and Capital Improvement Projects as needed to cover expenditures and budget transfers between departments for FY 2016-2017. E. Approve a change order in the amount of $50,000.00 to Johnson -Davis, Inc. for the North and South Roads Storm Water and Water Main Improvements project, increasing the project cost from $2,027,317.60 to $2,077,317.60. F. Approve utilizing the US Communities Contract # MA -IS -1340234 with Graybar Electric Company of the purchase for electrical parts and components for the City's lift stations for an estimated annual expenditure of $60,000. The US 5 Page 317 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 Communities procurement process satisfies the City's competitive bid requirements. G. Legal Expenses - October 2017 - Information at the request of the City Commission. No action required. H. Accept the written report to the Commission for purchases over $10,000 for the month of October 2017. Approve the minutes from the Regular City Commission meeting held on November 7, 2017 and Special Meeting held on November 7, 2017 for a Town Square Update for the Commission. The minutes for the Town Square meeting held on November 1, 2017 to update the public are included for informational purposes. Motion Commissioner McCray moved to approve Consent Agenda. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve issuing purchase order for paving projects to The Paving Lady, Inc. of Boynton Beach in the amount of $98,684, plus a 10% contingency in the amount of $9,900 for a total cost of $108,584. This roadway project was divided into 6 projects in order to allow local businesses within Boynton Beach to quote on individual projects and to allow the city to award individual projects as opposed to issuing a formal bid for all projects together. Commissioner Romelus wanted to commend staff for their diligence in bringing about this policy where we could give precedent to Boynton Beach business owners. She was looking forward to the disparity study from the County. She looks forward to awarding minority and women owned businesses as well. Thanked the Commission for thinking outside of the box, to build the wealth within Boynton Beach. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 0 Page 318 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 8. COMMUNITY STANDARDS and LEGAL SETTLEMENTS A. Approve negotiated settlement of $47,000 in the case of Hasan Caliskan vs. City of Boynton Beach (Heard under New Business) 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve Exeter / Sterling Records Phase III Major Site Plan Modification (MSPM 17-008) to construct a one-story, 56,160 square foot warehouse building and related site improvements, located at 1210 SW 35th Avenue in the M-1 (Industrial) zoning district. Applicant: Allan Hendricks, Caulfield & Wheeler, Inc. Applicants sworn in by Attorney Bridgeman. Allen Hendricks, representing Caulfield & Wheeler, Inc. indicated the property is an extension of an existing commercial campus, it was industrial use: it was between Congress and Caloosa Park on the north side of 35 Street. The existing site was to the south, Caloosa Park was on the right. It was an existing use, our client just finished up that parcel. They purchased the parcel behind the building. They would like very much like the build, and we need this type of product in Boynton Beach for the tax base. Commissioner Casello inquired if they would be storing records at the site. Mr. Hendriks responded no. This initially began as Sterling Records as a records storage facility that was the intent. This project has been in the development stages for 10 years. There was no Sterling Records. Commissioner Casello inquired what would be warehoused in this building. Mr. Hendricks indicated they did not know what was to be warehoused. It was not zoned for manufacturing, it was simply warehouses. Commissioner McCray inquired we are just doing a warehouse; we do not have anyone that wanted to move in. Mr. Hendricks responded that was correct. Mayor Grant indicated the new building would have greater improvement value and increases the City taxes. Mr. Hendriks stated it was a vacant lot at the present time. It was a parcel that was not being used. We convinced them to sell the parcel they were not using. He indicated it was an attractive addition to the City. It would be nice for an industrial. Major Grant asked for a motion. Page 319 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. B. Approve Aldi Grocery Land Use and Rezoning (LUAR 17-006) to support the intended 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant Bonnie Miskel, Dunay, Miskel & Backman, LLP. Attorney Bridgeman swore in witnesses. Andrea Keiser, Dunay, Miskel, Backman, LLP.14 SE 4th Street, Suite 36, Boca Raton, Florida, thanked the Commission for the opportunity to present. She wanted to give a brief overview of ALDI. ALDI has become one of America's favorite grocers, an international brand that first opened in 1961 in Germany. Operates in more than 1,600 stores in thirty-five (35) states, According to Market Force Information, ALDI is a value leader among grocery stores in the United States for the sixth year in a row. In 2014, ALDI was recognized as Retailer of the Year for their private brand development by Store Brands Magazine. They test their product to meet or beat the national brand quality. ALDI partners with local farmers when possible and is gluten and organic conscious. In 2012, ALDI was recognized in Supermarket News for its efforts in promoting a diet healthy. Ms. Keiser indicated the City was considering the applicant future land use application as well as the rezoning of the land use designation and zoning district. The area was predominantly LRC (Local Retail Commercial) and C3. The amendments would minimize land use conflicts and maintain the character of the community. The purposed amendments also provide commercial retail services which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities. The City was required under FLUE Policy 1.47.4 to evaluate the continuing need for redevelopment plans in specific areas of the City that are not with the City's designated Community Redevelopment Area (CRA) , the existing zoning was an isolated designation, to be rezoned to C-3. Their applicant requested to be the same as the rest of the property. Staff has determined that the application has met the determination. Ms. Keiser stated at the second reading the City will learn more about the project site plan and the variance that was being requested. We plan a full presentation at the second reading. On October 24, 2017 we presented in front of the Planning and Development Board meeting. There were many great questions from the board. They 0 Page 320 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 received a recommendation of approval. The applicants held a Community meeting; to date there was no opposition from that community. Commissioner McCray inquired as to where the closest ALDI was located. Jordan Ford, Director of Real Estate with ALDI Foods, 1171 North State Road 7, responded the closest located to Boynton Beach was the store located in Delray Beach, off of Military Drive. Commissioner Casello inquired if they reached out to the surrounding neighborhoods. Mr. Ford Indicated there was no opposition to this project from the neighboring community. Commissioner Casello asked how you market; was it bulk buying like a BJ or Costco or was it like a Publix. Mr. Ford replied it was no bulk buying. It was based on efficiency; this will save the customer money and pass this on to the customer. Commissioner Caselio indicated that a customer wanted to purchase one can they could. Mr. Ford indicated this was correct; the customer could purchase one can or a case. Mayor Grant stated he spoke with the property owner. He was in favor of the ALDI. This property has been vacant for a while. Susan Oyer 140 SE 27 Way, stated she liked ALDI. Mark Karageorge, 240A Main Boulevard, was speaking in favor of this. This will help the City tax base; this was going to be an improvement to that site. He asked how many employees and the wages. Mr. Ford stated the ALDI store typically has about 20 employees per store. There are 15 fulltime employees and 5 part-time employees. The average salaries are between $13 per hour, and the managers are salaried employees. Carol Porter, 1811 Banyan Creek Circle North, wondered if there were any particulars about what the building looked like, the traffic buffering, so they would have less impact to the community. Ms. Keiser indicated additional information will be addressed at the second reading. Dr. Piotr Blass, said it would be really nice to have a store on Martin Luther King Boulevard, to honor Gertrude Sullivan. The City of Boynton Beach should put all electric lines underground in Boynton Beach. 1. PROPOSED ORDINANCE NO. 17-032 - FIRST READING - Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC). Attorney Bridgeman read Proposed Ordinance No. 17-032 by title only. Page 321 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. City Clerk Pyle called the roll. Vote The vote was 5-0 2. PROPOSED ORDINANCE NO. 17-033 - FIRST READING - Rezone from C-1 (Office and Professional) to C-3 (Community Commercial). Attorney Bridgeman read Proposed Ordinance No. 17-032 by title only. Commissioner Romelus stated a correction to the record, should be C-3 not C-2. Mayor Grant asked staff for clarification. Attorney Bridgeman swore in staff. Ed Breese, Principle Planner, indicated the correct rezoning should be C-3. Attorney Bridgeman indicated the hardcopy needed correction to amend zoning from C-2 to C-3. Motion Vice Mayor Katz moved to approve. Commissioner Romelus seconded the motion. City Clerk Pyle called the roll. Vote The vote was 5-0 Mayor Grant asked for a motion to table items C, D and E. Motion Commissioner Romelus motioned to table items C, D and E. Commissioner McCray seconded the motion. 10 Page 322 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 Vote The motion unanimously passed. Mayor Grant indicated the items have been tabled to the next City Commission meeting to coincide with the second reading of the Land Use Ordinance. C. Approve Aldi Grocery Variance (ZNCV 17-001) for the relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III, Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet, for a proposed Aldi Grocery Store within the C-3 Community Commercial zoning district. Applicant: Bonnie Miskel, Duany, Miskel & Backman, LLP. (Postponed to coincide with 2nd Reading of the Land Use & Rezoning ordinance agenda item - LUAR 17-006). D. Approve Aldi Grocery Community Design Appeals (CDPA 17-006) from 1)Chapter 4, Article ill, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article III, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter 4, Article III, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article III, Section 7.J.1. "Off-street parking locational criteria". Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. (Postponed to coincide with 2nd Reading of the Land Use & Rezoning ordinance agenda item - LUAR 17-006). E. Approve Aldi Grocery Major Site Plan Modification request (MSPM 17-005) to construct a one story, 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. (Postponed to coincide with 2nd Reading of the Land Use & Rezoning ordinance agenda item - LUAR 17-006). Mayor Grant asked for a motion to approve. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS 11 Page 323 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 A. PROPOSED RESOLUTION NO. R17-103 - Approve Amendment to Agreement for Special Magistrate Services to increase the Special Magistrate's hourly rate. THE REQUEST FOR A RATE INCREASE HAS BEEN WITHDRAWN. Commissioner McCray indicated he was the person requested to find out the other magistrates' rate of pay. He stated the Magistrate from Community Standards was being paid $100. This was the lowest in the industry. Commissioner McCray said he was happy that this was off the agenda. 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R17-118 - Authorize the Mayor to sign the First Amendment to the Inter -local Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA funding of the Neighborhood Officer Policing Program for FY 17/18 for an amount not to exceed $372,000. Mayor Grant read the Proposed Resolution R17-118 into the record. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. B. Mayor Grant request approval for $500 of his Community Support Funds to be donated to the Boynton Beach Garden Club. Mayor Grant stated the money was to be used at the garden the City owns. He indicated the Boynton Beach Garden Club has also applied for a grant. Commissioner McCray wanted to thank staff for cleaning up the area. This area was known for drugs, and he could actually see onto the grounds. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 12 Page 324 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 C. Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to Growing Strong Ministries, Inc. for their Thanksgiving food drive. Commissioner Romelus stated she wanted to commend the program. She witnessed firsthand the work this program was doing; the members gave out more than 100 meals to feed several hundred families. Not just the turkey, but the full meal. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. D. Approve negotiated settlement of $47,000.00 in case of Hasan Caliskan vs. City of Boynton Beach (moved from 8-A) Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 13. LEGAL A. PROPOSED ORDINANCE NO. 17-034 - FIRST READING - Adopt the Boynton Beach Administrative Amendments to the 6th Edition (2017) of the Florida Building Code. (Second reading of this ordinance will be on December 19, 2017, due to holiday publishing deadlines). Mayor Grant read Proposed Ordinance 17-034 by title only on first reading. Mayor Grant requested staff to give an explanation on the amendment. Shane Kittendorf, Building Official, explained every three years the City goes through a cycle change and updates the Code. The City of Boynton Beach goes through what was called Home Rule. The City of Boynton Beach will update Chapter 1 Ordinance to make sure the administrative rules and regulations are updated and concurrent to the State regulations. The rules mimic as close as possible to the County regulations. Mr. 13 Page 325 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 Kittendorf indicated this was just an enhancement of the City regulations moving forward to the Florida Building Code. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. City Clerk Pyle called the roll. Vote The vote was 5-0 B. PROPOSED ORDINANCE NO. 17-035 - FIRST READING - Approve the change in qualifying dates for candidates in upcoming municipal elections. (Second reading for this ordinance will be on December 19, 2017, due to holiday publishing deadlines). Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. City Clerk Pyle called the roll. Vote The vote was 5-0 Mayor Grant opened the floor to Commissioner Romelus. Commissioner Romelus indicated this was not an item that was on the agenda. She wanted to thank the Commission for their willingness to support the TPA (Temporary protected status) to support, the Haitian individual living in the US. A decision was reached by the Secretary to terminate this status, as of July 2019. She feels the City will be entering a time of turmoil and fear. Commissioner Romelus asked for the public to be aware families will be divided. There are a number of Haitians living in Boynton Beach, if you know someone of Haitian decent, give them support. She was requesting to talk of potential Sanctuary City status. She asked staff to research the repercussions of having a Sanctuary City status. Commissioner McCray stated he heard on the news people have begun to sell their homes. He indicated this would be a rocky road. He was in support of the Haitian community. Commissioner Romelus requested to put Sanctuary City on future agenda items. 14 Page 326 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 Mayor Grant requested staff to take a look at resolutions from other cities. Commissioner Casello asked if Future Agenda item D, could be placed on the next agenda. He believed this item was ready for discussion. Lori LaVerriere, City Manager, indicated the City met with Ocean Ridge last week. The City Attorney has confirmed this item will be ready for the December 5, 2017 Commission meeting. Mayor Grant asked Commissioner Casello and Vice Mayor Katz if they had any items to disclose. Vice Mayor Katz indicated their delay was caused by the fact that Commissioner Casello was running for House seat 90, in the Florida House of Representative. The Commissioner had a candidate screening for the Palm Beach County/ Treasure Coast AFL-CIO, which is a group of Unions. Vice Mayor Katz stated he is the president of one of those unions. He was happy to announce that the AFL-CIO recommended endorsing Commissioner Casello for his race for House District 90. 14. FUTURE AGENDA ITEMS A. Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - December 19, 2017 B. Quarterly report on red light camera program (Oct 2017 -Dec 2017) - January 2018 C. Quarterly report on gov't surtax fund (Oct 2017 -Dec 2017) — January 2018 D. Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission — December 5, 2017 E. The Commission has requested for a representative of ATS attend a commission meeting to discuss possible additional features/services - TBD F. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Leisureville Property Rolling Green Scrub Parcel by Galaxy School Girl Scout Park G. Staff to review PBC Ordinance on Panhandlers - TBD 15 Page 327 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 H. Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways - TBD PROPOSED ORDINANCE NO. 17-021 - SECOND READING - 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. City -initiated. (First Reading approved 8115, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). J. Staff to research the repercussions of having a Sanctuary City. 15. Adjournment Motion There being no further business to discuss, Commissioner McCray moved to adjourn. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 7:29 p.m. (Continued on next page) 16 Page 328 of 710 Meeting Minutes City Commission Boynton Beach, Florida November 21, 2017 ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 17 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner - Mack McCray Commissioner - Christina Romelus Commissioner - Joe Casello Page 329 of 710 7.A. REQUESTED ACTION BY COMMISSION: Approve award of the "Co -Operative Bid To Furnish, Deliver And Discharge Bulk Quicklime", Bid No.: 002- 2821-18/IT, to Lhoist North America of Alabama, LLC as the lowest, responsive and responsible bidder meeting all specifications. The estimated annual expenditure is $350,000. This product will be ordered on an "As Needed" basis. EXPLANATION OF REQUEST: Initial Bid Term: December 16, 2017 - December 15, 2019 The City of Boynton Beach is lead agency on this co-operative bid that includes the Cities of Lake Worth and Riviera Beach. Bid proposals were solicited based on chemical specifications for quicklime and quantities for the three participating Cities. On November 28, 2017, Procurement Services received and opened two (2) bid proposals for the supply of quicklime. AGENCY EST. ANNUAL QTY. (TONS) TOTAL PRICE PER TON Carmeuse Lime and Lhoist N. America of Stone Alabama City of Boynton Beach 1,500 $305.71 $299.07 City of Lake Worth 550 $305.71 $299.07 City of Riviera Beach 1,268 *See below $300.83 *Carmeuse did not return Addendum No. 1 to the Bid which added the City of Riviera Beach's estimated annual requirements and revised the bid price sheet. The bid from Carmeuse Lime and Stone is hereby rejected as non-responsive for failure to return Addendum No. 1 to the Bid. Based upon the bid submittals, staff recommends that the bid be awarded to Lhoist North America of Alabama, LLC as the lowest responsive and responsible bidder. The initial bid term is for a period of two years with the option to renew for three (3) additional one-year terms. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Lack of, or poor quality, quicklime may result in the scaling of pipelines and increased water hardness to consumers. The purpose of this bid award is to secure a source to provide the best quality quicklime at the most economical price, with delivery to various governmental entities that have elected to participate in the Co-operative bid. FISCAL IMPACT: Funds are available in account 401-2811-536-52-35. Recent fiscal expenditures for this chemical are: • FY 12/13 - $264,826 Page 330 of 710 • FY 13/14 - $304,180 • FY 14/15 - $296,501 • FY 15/16 - $269,257 • FY 16/17 - $372,699 ALTERNATIVES: The City of Boynton Beach could explore the use of other coagulants or anti-scalants. However, this may lead to higher water treatment costs or possible water quality infractions. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Tab Sheets D Bid Description Tab Sheet - Quicklime Page 331 of 710 FURNISH, DELIVER AND DISCHARGE BULK QUICKLIME "Offers from the vendors listed herein are the only offers BID DUE DATE: FRIDAY, NOVEMBER 28, 2017 BID DUE TIME: 2:30 P.M. BID NO.: 002-2821-18/IT received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS CARMEUSE LIME & STONE 11 STANWIX STREET, 21ST FL. PITTSBURGH, PA 15222 Jack Fahler, VP of Sales and Mktg. t-412-995-1053 / f-412-995-5570 felicia.reidpoarmeusena.com LHOIST NORTH AMERICA OF ALABAMA, LLC 1479 TOWN CENTER DRIVE, SUITE 229 LAKELAND, FL 33803 J. Dale James, Sales Manager t- 863-644-9010 / f-863-644-6030 daleJames(@lhoist.com ORIGINAL AND THREE COPIES YES YES RETURN OF ADDENDUM NO. 1? NO YES CITY OF BOYNTON BEACH BASE PRICE PER TON $285.00 $284.92 FREIGHT RATE PER TON (RAIL) N/A INCLUDED IN $ FREIGHT RATE PER TON TRUCK $20.71 $14.15 CITY OF BOYNTON BEACH - TOTAL EXTENDED AMOUNT: (BASED UPON 1500 TONS) $458,565.00 $448,605.00 ** CITY OF LAKE WORTH BASE PRICE PER TON $285.00 $294.92 FREIGHT RATE PER TON RAIL N/A INCLUDED IN $ FREIGHT RATE PER TON TRUCK $20.71 $14.15 CITY OF LAKE WORTH - TOTAL EXTENDED AMOUNT: BASED UPON 550 TONS $168,140.50 $164,488.50 ** CITY OF RIVIERA BEACH BASE PRICE PER TON *SEE BELOW $284.92 FREIGHT RATE PER TON RAIL *SEE BELOW INCLUDED IN $ FREIGHT RATE PER TON TRUCK *SEE BELOW $15.91 CITY OF RIVIERA BEACH - TOTAL EXTENDED AMOUNT: (BASED UPON 1268 TONS) *SEE BELOW $381,452.44 ** TOTAL ANNUAL PRICE: $626,705.50 $994,545.94 TOTAL TWO-YEAR PRICE. $1,253,411.00 $1,989,091.88 BIDDER ACKNOWLEDGEMENT YES YES Page 332 of 710 FURNISH, DELIVER AND DISCHARGE BULK QUICKLIME BID DUE DATE: FRIDAY, NOVEMBER 28, 2017 BID DUE TIME: 2:30 P.M. BID No.: 002-2821-18/IT "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS CARMEUSE LIME & STONE LHOIST NORTH AMERICA OF ALABAMA, LLC 11 STANWIX STREET, 21ST FL. 1479 TOWN CENTER DRIVE, SUITE 229 PITTSBURGH, PA 15222 LAKELAND, FL 33803 Jack Fahler, VP of Sales and Mktg. J. Dale James, Sales Manager t-412-995-1053 / f-412-995-5570 t- 863-644-9010 / f-863-644-6030 felicia.reidpoarmeusena.com dale.iames(a5)lhoist.com NON -COLLUSION AFFIDAVIT OF PRIME BIDDER YES YES ANTI -KICKBACK AFFIDAVIT YES YES MINORITY OWNED BUSINESS STATEMENT SUBMITTED SUBMITTED FORM; NO SUBMITTED FORM; NO CONFIRMATION OF DRUG FREE YES YES WORKPLACE SUBMITTED ACKNOWLEDGEMENT OF PBC YES YES INSPECTOR GENERAL SUBMITTED COMMENTS: E.G. - Did vendor submit Local Business SUBMITTED FORM; NO SUBMITTED FORM; NO Status Certification form? REJ/NON-RESPONSIVE *Bidder did not return nor acknowledge Addendum No. 1 which revised the price sheet and added the City of Riviera Beach's estimated annual requirements. REJ/NON-RESPONSIVE - BID IS REJECTED AS NON-RESPONSIVE. **Correction to Additions/Extensions for bid tabulation purposes only. Bidder did not extend total amount on price sheet. Tabulated by: Ilyse Triestman, 11.28.17 Page 333 of 710 November 21, 2017 City Boynton Beach Manager of Purchasing 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 To Whom It May Concern: hoist North America of Alabama, LLC would like to thank you for the opportunity to submit our bid for the City of Boynton Beach's Quicklime uicklime Re quirements —Bid No. Please find attached the completed bid forms, as well as any requested attachments. Should you have any questions,or need additional information, please do not hesitate to contact our Florida Sales Manage email at dale.'ames 9 , Dale James, at 314-614-495o or vi date-james@lhoist.com Sincerely, is Lhoist North America of Alabama, LLC Eliza eth A. Hart Florida Sales Coordinator Florida Sales Oiiice 1479 Town Center Drive, Suite 229 Lakeland, FL 33803 877-644-9010 Page 334 of 710 Page 335 of 710 Sealed bids will be received in PURCHASING11 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach,R a. 33425-0310 on or by: • t , 1 'Wids will be opened in. PROCUREMENT SERVICES -CITY HALL i FLOOR unless otherwise designated. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a bid can be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid, whichever is sooner. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. Page 336 of 710 After the deadline to submit a proposal, a bid, or other response to a competitive solicitation, City Staff Members and Members of the City Commission are prohibited from communicating directly or indirectly with bidders or proposers, regarding the substance of the bid or proposals until such time as the City Commission (1) awards or approves a contract, (2) rejects all bids or responses, or (3) otherwise takes action which ends the solicitation process. (City Code Section 2-234). Improper communications during this "cone of silence" period can result in penalties to a proposer or bidder as set forth in City Code Section 2-236. Any questions relative to any item(s) or portion of this bid should be directed to Ilyse Triestman, Purchasing Manager; Telephone: (561) 742-6322, E-mail: tdggtrr gU .bb&i SCOPE OF BID: The purpose of this Invitation to Bid is to secure a source to furnis deliver and discharge Bulk Quicklime f. the Cities of ., • Contact: City of Boynton Beach Purchasing Services #1 E. BoyntonBoulevard Boynton Beach, FL 33435 Purchasing Manager (561) 742-6322 or triestmaniCcO Office Hours:/ 8:00 ! I Page 337 of 710 Section 1— SUBMITTAL INFORMATION A. The City of Boynton Beach will receive bid responses until November 28 2017 at 2:30 P.M.LOCAL TIME in Purchasing Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, Boynton Beach, FL. 33435. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their bid response delivered to Purchasing Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. Bid responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the bid and prior to the award being made. C. If any addendum(s) are issued to this Bid, the City will attempt to notify all prospective bidders who have secured same, however, it shall be the responsibility of each bidder, prior to submitting the bid response, to contact the City Procurement Services at (561) 742-6322 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their bid response. D. One (1) original, so marked, and three [3] copies, of the bid response shall be submitted in one sealed package clearly marked on the outside "BID TO FURNISH, DELIVER AND DISCHARGE BULKQUICKLIME" to: City of Boynton Beach, Purchasing Services, P.O. Box 310, 104 E. Boynton Beach Blvd., Boynton Beach, FL 33425-0310. E. Responses shall clearly indicate the legal name address and telephone number of the bidder (firm, corporation, partnership or individual). Responses shall be signed above the lyped or printed name and title of the signer. The signer shall have the authority to contractually bind the proposer to the submitted bid. Bidder must note their Federal I.D. number on their bid submittal. F: The City of Boynton Beach reserves the right to reject any or all bids, to waive any informalities or irregularities in any proposals received, to re -advertise for bids, to award in whole or in part to one or more bidders, or take any other such actions that may be deemed to be in the best interests of the City. Page 338 of 710 Kole] ! �. ♦. The Invitation for Bid represents a cooperative procurement. The Government Agencies participating in the particular procurement and their respective delivery locations are listed in the document. Governmental Purchasing CooperativeProcurement i nal Procedures: • Each participating governmental entity will be responsible for awarding a contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. # i i East Water Treatment Plant r r: r '� : 742-6447 i E. Woolbrightl' Boynton Beach, FL 33435 I im M. Sloan,♦ a •i ,*x _Water Plant •Manager V Page 339 of 710 The City of Boynton Beach is requesting bids from vendors to supply quicklime per the conditions and specifications contained in this document. The contract term shall be for an initial period of two years with the option to renew for three (3) additional one (1) year periods providing that all parties agree to the extension and renewal terms. This is a Cooperative Invitation to Bid issued by the City of Boynton Beach on behalf of the participating governmental agencies referenced within this bid document. 2. PRICING All bid prices, prior to award, shall be effective for a minimum of 90 days after bid opening date. 3. POST SALE AUDIT ADJUSTMENT All items sold to the participating co-op entities as a result of this bid are subject to Post Sale Audit Adjustment. In the event an audit indicates a vendor has not honored quoted price lists and discounts, the vendor will be liable for any and all overage charges. 4. MARKET CONDITIONS The participating co-op entities reserve the right to purchase on the open market should lower market prices prevail, at which time the successful bidder shall have the option of meeting the lower price or relieving the participating co-op entities of any obligation previously understood. 5. AWARD Award will be made to the responsible, responsive bidder meeting specifications, and is in the best interest of the participating entities. 6. METHOD OF ORDERING Items shall be ordered via individual purchase orders and/or blanket order releases on an "as needed" basis for the term of the contract. Invoices must be submitted against each individual purchase order or blanket purchase order release. 7. VENDOR SERVICE REPRESENTATIVE The bidder must submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for the placement of an order and the coordination of service. A contact for both regular work hours and after hours, weekends, and holidays must be identified. 8. COMPETENCY OF BIDDERS Pre -award inspection of the bidder's facility may be made prior to award of contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this bid and who can provide evidence that they have established a satisfactory record of performance for a sufficient delivery fleet to insure that they can satisfactorily execute the services under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and 5 Page 340 of 710 well-established company in line with the most business practices in the industry and as determined by the proper authorities of participating co-op entity. CANCELLATION9. Order will be subject to immediate cancellation if either product or service does not comply with specifications as stated herein or fails to meet the participating co-op entities performance standards. 10. RIGHT In the event that any of the provisions of the contract are violated by the successful bidder, the City Of Boynton Beach, a lead agency, in coordination with the participating governmental entities may serve written notice upon such bidder of its intention to terminate the contract. 11. AS SPECIFIED A purchase order or blanket purchase order will be issued to the successful bidder with the understanding that all Quicklime delivered must meet the specifications herein. Quicklime delivered not as specified will be returned at the bidder's expense. At the option of the participating co-op entities, samples from any delivery may be submitted to an independent testing laboratory to determine conformity to respective specifications. Bidders shall assume full responsibility for payment of any and all charges for testing and analysis of any product offered or delivered that does not conform to the minimum required specifications. 12. TERMS AND CONDITIONS No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed the general and special conditions in this bid solicitation are the only conditions applicable to this bid and the bidder's authorized signature affixed to the bidder acknowledgement form attests to this. 13. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH In compliance with Chapter 442, Florida Statutes, any item delivered from a contract resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must include the following information: A. The chemical name and the common name of the toxic substance. B. The hazards or other risks in the use of the toxic substance, including: 1. The potential for fire, explosion, corrosivity, and reactivity; 2. The known acute and chronic health effects or risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3. The primary routes of entry and symptoms of overexposure. b Page 341 of 710 C. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. D. The emergency procedure for spills, fire, disposal, and first aid. E. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. F. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. The Bidder should submit with its bid a statement that the product or chemicals added to the drinking water conforms to the National Sanitation Foundation (NSF) Standard 60 (or referenced alternative standards). If not submitted with the bid, the bidder must submit this statement within three (3) business days of City's request. Failure to submit this statement within the deadline may be ground 15. SECURITY The awarded Vendor shall be required to obtain authorization for all personnel that will be on City premises at delivery sites. The Vendor will be required to complete a "1/endor Pass Request Form" and provide photo identification of all personnel authorized to be on premises at City delivery sites. This form will be sent to the awarded vendor with the notification of award letter. Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the City within twenty-four (24) hours of the personnel change by modification of the names submitted on the original Vendor Pass Request Form. Al personnel shall check in with the Security Guard or Operator on duty immediately upon arrival at the delivery location. Photo identification, purpose of visit, and name of City staff contact shall be required for entry. Vendor shall ensure that only authorized vendor employees and/or authorized City personnel shall have access to Vendor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Vendor will not release, discuss, or share any information on systems, equipment and/or operations with any non -City personnel. Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. The awarded Vendor shall be held responsible for complying with these procedures 7 Page 342 of 710 16. I The quantities shown are estimated as annual requirements. The participating co-op entities reserve the right to increase or decrease the total quantities as necessary to meet actual requirements. 17. INSURANCE REQUIRED See Attachment "K. Contractor shall, in addition to any other obligation to indemnify the participating co-op entities and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the participating co-op entity, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged bodily injury sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, of anyone for whose acts any of them may be liable in the performance of the work; or b) violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work; of c) liens, claims or actions made by the Contractor or any subcontractor or other party performing the Work. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any costs or expenses, including attorney's fees, incurred by any participating Co-op entity to enforce this agreement shall be borne by Contractor. 19. RENEWAL The successful bidder shall be awarded a contract for two (2) years with the option to renew the contract for three (3) additional one (1) year periods. Option for renewal will only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal will be subject to appropriation of funds by each participating co-op entity. qmj-+� • -•� The successful bidder shall at all times guard against damage or loss to the property of each participating co-op entity or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage. Each participating co-op entity may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or his/her agents. Page 343 of 710 21. TRANSFER PROHIBITED The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of their Contract, or of any or all of his or its rights, title or interest herein, or his or its power to execute such Contract to any person, company or corporation without prior written consent of the corresponding governmental entity. 22. PAYMENT Payments shall be made on a per -order (delivery) or monthly statement basis (for actual deliveries made). All invoices submitted for payment must include certified weight certificates indicating gross, tare and net weights in addition to showing the purchase order number and must be directed to the appropriate governmental entity. OBLIGATION23. 1 IT IS FURTHER UNDERSTOOD THAT AT NO TIME WILL ANY ENTITY OR MUNICIPALITY BE OBLIGATED TO PLACE AN ORDER WITH THE CONTRACT AWARDEE SHOULD THAT AWARD BE AGAINST THE BEST INTERESTS OF THAT GOVERNMENTAL UNIT. 24. PRICING Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges. A. Pricing shall be based on delivered cost per ton. The contract sum includes all labor, materials and freight charges. Pricing shall be firm for the initial period of December 16, 2017 until July 15, 2018. Pricing changes will be allowable twice per year In accordance with Section 24. C. "Escalation/De-escalation." B. In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel surcharges during the term of the contract. Rail Surchar e — The rail fuel surcharge rate will be based on actual contracts, invoices, or published rates of the Vendor's rail carrier. Vendor shall provide documentation regarding the rail carrier's pricing as part of the request for an adjustment to the rail surcharge. Trucking Surcharge — The truck fuel surcharge rate will be based on the Retail On - Highway Diesel Price — U.S. Average, as published by the U.S. Department of Energy, Energy Information Administration for the third Monday of May and November. The truck fuel surcharge will be applied to the base contract price per ton of quicklime transported. Page 344 of 710 C. Escalation/De-escalation: 1. The City will accept price adjustments on July 1- each year. The Contractor must submit sufficient documentation to be given consideration for a price increase, and must pass on a price decrease when the Contractor's costs are reduced. Approved documentation includes, but is not limited to published U.S. Department of Energy (DOE) reports on coal costs, Platt's Coal Index, U.S. Bureau of Labor Statistics BLS) reports on Producer Price Index (PPI) for all commodities, U.S. Energy Information Administration WTI publications on spot crude oil prices, BLS Crushed and Broken Limestone Index, BLS Mining Machinery and Equipment Index, and copies of vendor monthly internal cost reports and/or actual invoices. . Rail and Truck freight charges and changes for transfer costs require written verification from vendor's freight and transfer subcontractors provided to Purchasing Services prior to initial contract term expiration of the Agreement. All Rail and Truck fuel surcharges will be applied initially on December 16, 2017, subject to change in accordance with the schedule provided in Section 24.C.1. 3. Cost adjustments, in all cases, shall reflect only a direct pass-through of costs, and no changes to the Contractor's profit margin shall be permitted. All cost increases must be approved by the City in writing before going into effect. FA f7 It is the Cooperative's intent to purchase bulk quicklime from a source that will provide prompt and convenient shipment and service. Consideration will be given therefore to the supplier's method of delivery and to his reliability. If delivery requirements cannot be consistently met, the Cooperative reserves the right to cancel any award and to purchase this product on the open market. A. Deliveries are required within 48 hours of the receipt of an order from any participating entity. Deliveries to each location must be made during normal working hours unless special arrangements have been made by a particular entity. B. Delivery is required via pneumatic truck in approximately twenty-five (25) ton truckloads. Product must be discharged by the vehicle operator into storage silos at each entity's utility location listed above. C. Certified weight certificates must be furnished with all invoices indicating gross, tare and net weights, and the appropriate purchase order number. D. The Co-operative will not pay charges for time spent unloading due to in -experienced drivers, mechanical failure (truck or compressor, etc.), broken or plugged air lines, hoses, or valves. No additional charges for split loads (if tanker doesn't empty out and delivers balance of load to another unit water plant) will be accepted. E. The successful bidder will be responsible for setting up a routine delivery schedule with each entity's plant supervisory personnel. Any changes in this schedule must be approved by the appropriate authority. 10 Page 345 of 710 MA', E ESTIMATED ANNUAL DELIVERY LOCATION QUANTITY 1,500 TONS 1620 S. Seacrest Blvd. Boynton Beach, FL 33435 special No loads before 7:00 A.M. Monday Reguirements: thru Friday. Saturday it needed. 550 TONS 301 S. College Street Lake Worth, FL 33460 Special Reaulrement: Delivery Time - Monday thru Friday 7:00 AM. to 3:00 PA, 12H, UK 31MM 5 L*1T5T4r*Tff_VA7_1TZ7F The City Of Boynton Beach, as lead agency, will issue a "Notice of Award Letter' to the awardee. However, it is and shall be understood and agreed that a Contract shall not be deemed to be awarded and validly entered into between the successful bidder and each participating governmental entity until written notice has been given to the awarded vendor by the entity through its authorized agent, and purchase order shall be issued to the bidder covering same. 28. SPECIFICATIONS FOR BULK QUICKLIM-4 A. SAMPLE ANALYSIS The pebble quicklime shall conform to ANSI/AWWA Standard B202-07 (revision of ANSIJAWWA B202-02), -Quicklime and Hydrated Lime", and shall be substantially free from foreign and deleterious matter, core, iron, ash and dirt. The amount of insoluble matter is not to exceed 6. [Aim Me ZT1105''! 'i, ITI! I III , III I I I I I I 1 11 1 1 111 1111? 1111 IMF =M - 11 Page 346 of 710 shipment passing through a No. 100 U.S. Standard sieve at the producer's plant. There shall not be more than 0.5% retained on a No. 100 mesh sieve and 99.5% passing, after slaking and wet washing. There shall be a minimum of 92% available CaO as determined by chemical analysis in accordance with ANSIIAWWA Standard B202-07, Section 5.3.2. Also, in accordance with this standard, there shall also be a minimum 40 degree C rise in temperature within three minutes; the slaking reaction is to be complete within 10 minutes (Section 5.4.1). All requirements for National Sanitation Foundation (NSF) certification required by the Environmental Protection Agency, Florida Department of Environmental Protection, or Palm Beach County Health Unit will be met. C. QUALITY CONTROL REQUIREMENTS A physical and chemical analysis MUST be furnished with each delivery. The analysis shall be certified and performed by a reputable recognized testing laboratory. A one -pound, air -tight sample, MUST also accompany each load delivered. There shall be a minimum of 92% available CaO. Added to that, each entity reserves the right to reject, at supplier's expense, any shipment, which fails to meet the specifications given above. The supplier shall be given ten days after notification of any such failure to arrange for a reputable independent laboratory to analyze one (1) of the retained samples from the shipment in question. Both the entity and the supplier will be bound by such determination. The laboratory fee covering any such analysis will be paid by the entity if the results pass inspection or by the supplier if they fail. If the material has been unloaded and placed in the entity's storage silos prior to obtaining final test results, the supplier shall reimburse the entity at the rate of 2% of the delivered cost per ton for each percentage point that the material fails to meet the 92% minimum available calcium oxide. 1 The City of Boynton Beach Administrative Policy No. 10. 16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. 12 Page 347 of 710 0 L 1 FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. BiD FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. EXECUTIONBID: Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BiD" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. if no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, to waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. Page 348 of 710 RIGHTS CITY- The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton each; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. inquiries must reference the date by which the bid is to be received. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY", I4 Page 349 of 710 SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected, unless addressed in the Special Conditions Section of the bid documents. EXCEPTIONS: incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from 15 Page 350 of 710 any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL RE UIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. ON PUBLIC ENTITY CRIMES: All Invitations to Bid as defined by Section 287.012(16), Florida Statutes, requests for proposals as defined by Section 287.012(23), Florida Statutes, as may be amended and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. 16 Page 351 of 710 LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: This bid may be expanded to include other governmental agencies. in some cases, Cooperative Purchasing Agreement exists or an Interlocal Agreement for joint purchasing exists between the City of Boynton Beach and the other public agency. All bidders submitting a response to this Invitation to Bid agree that such response also constitutes a bid to ALL POLITICAL SUBDIVISIONS OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, under the same conditions, for the same price(s) and the same effective period as this bid. This agreement in no way restricts or interferes with the right of ANY POLITICAL SUBDIVISION OF PALM BEACH COUNTY, FLORIDA, and the Palm Beach County School Board, to re -bid any or all items. It is hereby made a part of this Invitation to Bid that the submission of any bid in response to this advertised request constitutes a bid made under the same conditions, for the same Contract price, and for the same effective period as this bid, to the PALM BEACH COUNTY SCHOOL BOARD. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to cant' out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. 17 Page 352 of 710 WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the UTILITIES DEPARTMENT and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidders risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D, CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. 18 Page 353 of 710 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY 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, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF RECORDS: iR 19 Page 354 of 710 JUDY PYLE, CITY CLERK 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US FLIMM GMT, wilmid, I led I t- ► i'jt-lit- I m 0 1 :1 0,10 LIVA "T 20 Page 355 of 710 Attachment "A" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE.- An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REOUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Foran Property Damage Fire Legal Liability Automobile Liability - ^ --,m---- ------ ------ a__------ Combined Single Limit -- $ 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Intermodal Garage Garage Liability ___- .._---_----_.,__------------ ._------------------ Auto Only, Each Accident _ - $ 1,000,000,00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Excess Liability--______________W-_-_-_-_-_-_-_-_--__---------- Each Occurrence to be determined Umbrella Form Aggregate to be determined ---------- —----------------------- Worker's Compensation ._--------------------------------- ._.---------- StatutoryLimits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 --------------------- Disease Each Employee $ 100,000.00 _------------------------------------------------------------------------------ Property —.__,------- -------_---_-.._-__ Homeowners Revocable Permit $ 300,000.00 Builder's Risk ------------------------------------------------------- Limits based on Project Cost —-------- _----------------------------_----------------------------------------- Other - As Risk Identified to be determined INSURANCEADVISORYFORM ------------------ ................. ------------- --- ........ ... ... 21 Page 356 of 710 1 4i 4j,14killil Submit Bids To: PURCHASING SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 Bid Title: "FURNISH, DELIVER AND DISCHARGEL I " Bid Number: 002-2821-1811T Bid Due: NOVEMBER 28,2017,P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Lhoist North America of Alabama, LLC Federal I.D. Number: 63-1002780 A Corporation of the State of. AL Area Code: 863 Telephone Number: 644-9010 Area Code: 863 FAX Number: 644-6030 Mailing Address: 1479 Town Center Drive, Suite 22 CitylStatelZip: Lakeland, FL 33803 Vendor Mailing Date: 11/21/2017 E -Mail Address: dalejames@lhoist.com 'Authorized i tur J. Dale James TypedName 22 Page 357 of 710 The City of Boynton Bea DATE: November 9, 2017 BID TITLE: Furnish, Deliver and Discharge Bulk Quicklime BID NO.: 002-2821-18/IT This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. 1. The bid opening date remains unchanged and is November 28, 2017 at 2:30 PM. 2. The scope of the bid is revised to include the City of Riviera Beach's usage. 3. Page 4, Cooperative Purchasing, is revised to include delivery and contact information Finance/Procurement Services 100 E. Boynton Beach Boulevard P. 0. Box 310 CONTACT PHONE City yn n East Water Treatment PlantTaralyn Pratt, ( 1) 742-6447 Boynton Beach Florida 33425-0310 Telephone: (561) 742-5310 1 Coordinator FAX. (561) 742-6316 DATE: November 9, 2017 BID TITLE: Furnish, Deliver and Discharge Bulk Quicklime BID NO.: 002-2821-18/IT This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. 1. The bid opening date remains unchanged and is November 28, 2017 at 2:30 PM. 2. The scope of the bid is revised to include the City of Riviera Beach's usage. 3. Page 4, Cooperative Purchasing, is revised to include delivery and contact information for the City of Riviera Beach as follows: AGENCY DELIVERY ADDRESS CONTACT PHONE City yn n East Water Treatment PlantTaralyn Pratt, ( 1) 742-6447 124 E. WoolbrightContract Boynton ch, FIL 33435 1 Coordinator City f Lake Lake Worth Waterla iSloan,1 586-1636 Worth1 College StreetWater Plant La ke Worth, FL 33460 Manager Cily of Riviera lir Treatment r Plant;Beach I rPlant Riviera sup2rjfl�� Page 358 of 710 4. Special Conditions, Paragraph 26 Location of Deliveries, is revised as follows: GOVERNMENTAL UNIT ESTIMATED ANNUAL V1,1:9411,V4 City of Boynton Beach 1620 S. Seacrest Blvd. 124 E. Woolbright Road Boynton Beach, FL 33435 Boynton Beach, FIL 33435 No loads before 700 A.M. Monday thru Friday. Saturday if needed. JhLof Riviera Beach 800 W. Blue Heron Blvd. 1,268 TONS Riviera Beach, FL 33404 Special Requirement. ESTIMATED AGGREGATE TOTAL: 2450 3 318 TONS 5. The Bid Form is revised and replaced in its entirety with a revised bid form attached herewith. Sincerely, Tim W. Howard Assistant City Manager - Administration Director of Financial Services cc: Finance/Procurement K, Page 359 of 710 The City of Bovnton Berj U44,111 r 0 k IFOrr r �j 1 RAISA, DELIVER AND DISCHARGE BULK R 9 ■ !f 01,69, 0 Is' :110� ',fix 0 Z WWr!�; 4 "WATURE OPREPRESENTATIVE —Lboist North America of Alabama, LLC 11/2O/L7 NAME OF COMPANY DATE Page 360 of 710 :1113 10ILF! :4 AFA N :11 :4 1 0 BID t8 "'ID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA TO FURNISH, DELIVER AND DISCHARGE QUICKLIME To All Bidders: The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. Basis of Award: The award will be made to the lowest responsive and responsible bidder by total annual price. The undersigned proposes to furnish, deliver and discharge the quicklime in a000rdanoe with the specifications for the sum of - NAME OF CITV- ESTIMATED BASE FREIGHT RATE -F -FREIGHT RATE EXTENDED ANNUAL PRICE PER PER TON PER TON TOTAL QUANTITY IN TON RAIL TRUCK AMOUNT TONS City of Boynton Beach 1,500 284.92 Included in $ 14.15 299.07 City of Lake Worth 550 284.92 Included in $ 14.15 299.07 Cilly of Riviera Beach J.,268 284-92 included in $ 15.91 300.83 TOTAL ANNUAL PRICE: $-224-545.9 TOTAL TWO-YEAR PRICE: 989,091. 88 Lhoist North America of Alabama, LLC F6101 To FXJ NV 7MIXTA I � OT -0:1 WE I I r9i MT S AfITRE oil WjImummiiiii� I 1 01111 :11 ?j I AW, 1:801 L11111 8 1 11:4 Sales Manager (863 ) 644-9030 dale.james@lhoist.con-i TITLE FAX NUMBER E-MAIL ADDRESS rd Page 361 of 710 [ON, M • • � • State of FL ) County olk Dale James being first duly sworn, deposes and says that: 1) He is s Manaver of —LhoLq-North AmQrica of AlabarnaUC (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to before me (Title) _Sales Man4ger This 1' day of r 1 17 MAI 24 Page 362 of 710 F -11W 'I W41-ITIVi" WN COUNTY OF PALM BEACH ) 1, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. Sworn and subscribed before me this 20 day of Nov. N Tlp�( PUBLIC, State of Florida at Large 7p, By: SIGNATU60 ,20 17 Printed Information: IMMUM Sales Mpager TITLE . . i 4 ; *111- . 11 - I Page 363 of 710 A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? X Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN { )BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority OwnedBusiness? YES NO If YES, Name the Organization from which this certification was obtained and date: .+�«_ . ■Monfrer-M am E. - Page 364 of 710 Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 14��'K Vnr' it 27 THIS PAGE TO BE , FOR BID PACKAGE O BE CONSIDERED Page 365 of 710 r-IT��f 1 t " The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Lhoist North America of Alabama, LLC Title: Sales Manager Date: 11/20/2017 or.] Page 366 of 710 M N 1, X/A the (Name of officer of company) Of , located at (Name of Corporation/Company) (Business Address) certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton each, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Zusiness License F-] Year Established: F] Active� Verified by: Date: 29 Page 367 of 710 y t` t E sINSURANCE; W J- ul VV rr Moro USA, Inc. t; COMIka Bank Tovnr IWW, TX 16201-73557 Aft 9664664 . M * COVERAGES CERTIMATE NUMBER: HOU-ODM4767743 REVISION NUMBER: 2 t ` ; COMMERCIAL *f „` :' II CLAl OCCUR GENLXGWOATE LWIT APPLIES PEP. JECT LOG THEM t w {� , i ANYAUTO OWNED SCHEDULED AUTOS ONLY ' AUTO HIRED NOWOMED J AUTOS ONLY MHOS ONLY t, g i UNIrLLAS OCCUR EXCEr ,_ CLAJMS- i % * ETEN CA DESCRIPTION OF OPERATIONS tLOCATIONS /VEHICLES 1ACORD 1Q1.Add(W*nWR@rnatka$chadW& maybe aRachaddawa space iscogWirgo 00 E BOYNTOND AUTHORIZEDR11PRESIBITATIVE of Marsh U2A me. MwasW Mukhedw 1938-2016 Ti All rights reserved. ACORD 5 3} The ACORD name and logo are registeredr of ACORD Page 368 of 710 AGENCY Mob USA, hr- POLICY'NUMBER CARRIER AGENCY CUSTOMER 10' 344191 -5a 139 LOC 0. 17 ADDITIONAL REMARKS SCHEDULE Page 2 of 2 NAMED INSURED tNLvthARieft Irz. PO ON 985M Ft. WOO TX 76185 The ACORD name and logo are registered marks of ACORD 0 Page 369 of 710 M PUBLIC HEARING 12/5/2017 REQUESTED ACTION BY COMMISSION: Approve Aldi Grocery Land Use and Rezoning (LUAR 17-006) to support the intended 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant Bonnie Miskel, Dunay, Miskel & Backman, LLP. 1. PROPOSED ORDINANCE NO. 17-032 - SECOND READING - Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC). 2. PROPOSED ORDINANCE NO. 17-033 - SECOND READING - Rezone from C-1 (Office and Professional) to C-3 (Community Commercial). EXPLANATION OF REQUEST: The 2.04 -acre parcel is currently developed with a one-story, 30 -year old rundown office building. The applicant, representing a global discount supermarket chain Aldi, Inc., proposes to redevelop the property with a 18,848 square foot store. In addition to the FLUM amendment and rezoning, the requests under concurrent consideration include site plan approval and a variance for the rear setback. The approval of the subject requests would bring the first Aldi store to the city. I n recent years, the company opened stores in Delray Beach, Boca Raton and West Palm Beach. The proposed FLUM amendment and rezoning would not support uses contrary to the development patterns in adjacent and nearby areas, which already incorporate retail establishments of various scales from small to major—including the 100,000 square foot BJs Shopping Center—as well as other commercial uses and single-family homes. The proposed FLU category and zoning district are more consistent with the land use and zoning patterns than the existing ones: except the subject property and one directly south of it, all commercially developed parcels in the area along W. Boynton Boulevard carry the Local Retail Commercial category. Also, except for three PCDs (Planned Commercial Developments), the C-3 zoning district prevails. Note that the development intensity of LRC future land use and C-3 zoning aligns with the high traffic volumes carried by urban principal arterials such as Boynton Beach Boulevard. The Planning and Development Board recommended approval of the subject requests on October 24, 2017. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The requests, if approved, would not require capacity adjustment to the City services. FISCAL IMPACT: The requests, if approved, would allow for a sizable retail use and therefore an increase in the City's tax base in addition to building permit and related revenues. ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: Page 370 of 710 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance D Ordinance D Staff Report D Location Map D Exhibit D Exhibit Description Ordinance changing Aldi Land Use Ordinance changing Aldi zoning Staff Report EXH I B ITA. Location Map ® aerial Exhibit B. ALDI proposed FLU Exhibit C. ALDI proposed Zoning Page 371 of 710 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 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY COMMONLY KNOWN AS ALDI AND DESCRIBED HEREIN, OWNED BY MG3 3452 WEST BOYNTON LLC.; CHANGING THE LAND USE DESIGNATION FROM OFFICE COMMERCIAL (OC) TO LOCAL RETAIL COMMERCIAL (LRC); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the Future Land Use Element (designation) of the Comprehensive Plan as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\63C9466A-991D-4B65-B90B-AFBF1C614A1A\Boynton Beach. 7721.LALDI LUA - Ordinance.Doc Page 372 of 710 30 31 32 33 34 35 36 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 68 A PARCEL OF LAND IN BLOCKS 8 AND 25, PALM BEACH FARMS CO. PLAT NO. 8, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF INTERSECTION WITH THE WEST LINE OF SAID BLOCK 8 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST BOYNTON BEACH ROAD (STATE ROAD NO. S-804), AS SHOWN ON ROAD PLAT BOOK 2, PAGES 217 THRU 220 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE RUN EASTERLY 250.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT; THENCE RUN SOUTHERLY WITH A BEARING OF SOUTH 01°10'26" WEST, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING OF PARCEL ONE; THENCE CONTINUING WITH THE AFORESAID BEARING OF SOUTH 01°10'26" WEST, A DISTANCE OF 380.80 FEET TO A POINT; THENCE RUN WESTERLY ON A BEARING OF NORTH 88049'34" WEST, A DISTANCE OF 234.92 FEET TO A POINT 15.00 FEET EAST AND PARALLEL TO THE WEST LINE OF SAID BLOCKS 8 AND 25; THENCE RUN NORTHERLY ALONG A LINE 15.00 FEET EAST AND PARALLEL WITH THE SAID WEST LINE OF BLOCKS 8 AND 25 WITH A BEARING OF NORTH 01010'26" EAST, A DISTANCE OF 374.56 FEET TO A POINT; THENCE RUN EASTERLY WITH A BEARING OF NORTH 89°39'11" EAST, A DISTANCE OF 235.00 FEET ALONG A LINE 14 FEET SOUTH OF AND PARALLEL TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF (STATE ROAD NO. S-804) TO THE POINT OF BEGINNING. SAID LANDS ALSO DESCRIBED AS FOLLOWS: UNIT NUMBERS 1 THROUGH 11, INCLUSIVE, PLAZA WEST OFFICE CONDOMINIUM PHASE I, A COMMERCIAL CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, RECORDED IN OFFICIAL RECORDS BOOK 5146, PAGE 269, AND ALL EXHIBITS AND AMENDMENTS THEREOF, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. That the Future Land Use of the above described land is amended from Office Commercial (OC) to: LOCAL RETAIL, COMMERCIAL (LRC). Section 3 : This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\63C9466A-991D-4B65-B90B-AFBF1C614A1A\Boynton Beach. 7721.LALDI LUA - Ordinance.Doc Page 373 of 710 69 FIRST READING this day of , 2017. 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 SECOND, FINAL READING and PASSAGE this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA 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 (City Seal) VOTE YES NO C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\63C9466A-991D-4B65-B90B-AFBF1C614A1A\Boynton Beach. 7721.LALDI LUA - Ordinance.Doc Page 374 of 710 97 SOUTH PROPERTY LEGAL DESCRIPTION ORB 27497 PAGE 1800 PARCEL 1: LOT 5, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-03-008-0050 PARCEL 2: LOT 3, LESS THE NORTH 10 FEET THEREOF, AND ALL OF LOTS 4, 9 AND 10, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-03-008-0030 PARCEL 3: THE EAST'/2 OF LOT 8, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-008-0081 PARCEL 4: LOT 6, BLOCK 8, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0060 PARCEL 5: THE NORTH 60 FEET OF LOT 7 AND THE NORTH 60 FEET OF THE WEST HALF (W 1/2) OF LOT 8, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\63C9466A-991D-4B65-B90B-AFBF1C614A1A\Boynton Beach. 7721.LALDI LUA - Ordinance.Doc Page 375 of 710 BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0071 PARCEL 6: LOTS 4, 5 AND 6, BLOCK 11, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-011-0040 PARCEL 7: LOT 7, LESS THE NORTH 60 FEET THEREOF AND THE WEST HALF OF LOT 8, LESS THE NORTH 60 FEET THEREOF, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0072 TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENT OF RECORD, WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\63C9466A-991D-4B65-B90B-AFBF1C614A1A\Boynton Beach. 7721.LALDI LUA - Ordinance.Doc Page 376 of 710 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING ORDINANCE 02-013 TO REZONE A 5 PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY 6 REFERRED TO AS ALDI FROM OFFICE PROFESSIONAL (C-1) 7 TO COMMUNITY COMMERCIAL (C-2); PROVIDING FOR 8 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 11 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 12 and 13 WHEREAS, the City of Boynton Beach, owner of the property has made application 14 to rezone a parcel of land, said land being more particularly described hereinafter, from 15 Neighborhood Commercial (C-2) to Mixed Use 2 with the maximum density of 40 dwelling 16 units/acre (MU -2); and 17 WHEREAS, the City Commission conducted public hearings as required by law and 18 heard testimony and received evidence which the Commission finds supports a rezoning for 19 the property hereinafter described; and 20 WHEREAS, the City Commission finds that the proposed rezoning is consistent 21 with an amendment to the Land Use which was contemporaneously considered and approved 22 at the public hearing heretofore referenced; and 23 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 24 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing Whereas clauses are true and correct and incorporated 28 herein by this reference. 29 Section 2. The land herein described be and the same is hereby rezoned from C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\86D730179-21)76-41719-871B-AF28DCE6E4EI\Boynton Beach. 7722. 1. ALDI_-_Rezone. doc Page 377 of 710 30 31 32 33 34 35 36 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 Office Professional (C-1) to Community Commercial (C-2). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal Description: A PARCEL OF LAND IN BLOCKS 8 AND 25, PALM BEACH FARMS CO. PLAT NO. 8, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF INTERSECTION WITH THE WEST LINE OF SAID BLOCK 8 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST BOYNTON BEACH ROAD (STATE ROAD NO. S-804), AS SHOWN ON ROAD PLAT BOOK 2, PAGES 217 THRU 220 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE RUN EASTERLY 250.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT; THENCE RUN SOUTHERLY WITH A BEARING OF SOUTH 01010'26" WEST, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING OF PARCEL ONE; THENCE CONTINUING WITH THE AFORESAID BEARING OF SOUTH 01010'26" WEST, A DISTANCE OF 380.80 FEET TO A POINT; THENCE RUN WESTERLY ON A BEARING OF NORTH 88049'34" WEST, A DISTANCE OF 234.92 FEET TO A POINT 15.00 FEET EAST AND PARALLEL TO THE WEST LINE OF SAID BLOCKS 8 AND 25; THENCE RUN NORTHERLY ALONG A LINE 15.00 FEET EAST AND PARALLEL WITH THE SAID WEST LINE OF BLOCKS 8 AND 25 WITH A BEARING OF NORTH 01010'26" EAST, A DISTANCE OF 374.56 FEET TO A POINT; THENCE RUN EASTERLY WITH A BEARING OF NORTH 89039'11" EAST, A DISTANCE OF 235.00 FEET ALONG A LINE 14 FEET SOUTH OF AND PARALLEL TO SAID SOUTHERLY RIGHT- OF-WAY LINE OF (STATE ROAD NO. S-804) TO THE POINT OF BEGINNING. SAID LANDS ALSO DESCRIBED AS FOLLOWS: UNIT NUMBERS 1 THROUGH 11, INCLUSIVE, PLAZA WEST OFFICE CONDOMINIUM PHASE 1, A COMMERCIAL CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, RECORDED IN OFFICIAL RECORDS BOOK 5146, PAGE 269, AND ALL EXHIBITS AND AMENDMENTS THEREOF, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 62 accordingly. 63 64 65 66 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 67 the remainder of this Ordinance. 68 Section 6. This ordinance shall become effective immediately upon passage. IN 70 C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\86D730179-21)76-41719-871B-AF28DCE6E4EI\Boynton Beach. 7722.1.ALDI - Rezone.doc Page 378 of 710 71 FIRST READING this day of 2017. 72 SECOND, FINAL READING and PASSAGE this day of , 2017. 73 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 CITY OF BOYNTON BEACH, FLORIDA 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 (City Seal) VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\86D730F9-2D76-4F19-871B-AF28DCE6E4EI\Boynton Beach. 7722. 1. ALDI_-_Rezone. doc Page 379 of 710 Page 380 of 710 C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\86D730F9-2D76-4F19-871B-AF28DCE6E4EI\Boynton Beach. 7722.1.ALDI - Rezone.doc Page 381 of 710 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-050 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: September 5, 2017 PROJECT: ALDI Grocery Store LUAR 17-006 REQUEST: Approve the ALDI grocery store Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC) and rezoning from C-1 Office Professional to C-3, Community Commercial. PROJECT DESCRIPTION Applicant/Property Owner: Jordan Ford of ALDI Inc./ MG3 3452 West Boynton LLC Agent: Bonnie Miscal, Esq./Dunay, Miskel and Backman, LLP Location: 3452 W. Boynton Beach Boulevard (Exhibit "A") Existing Land Use/ Zoning: Proposed Land Use/ Zoning: Acreage: Office Commercial (OC)/ C-1 Office Professional Local Retail Commercial Commercial 2.04 acres (LRC)/ C-3 Community Page 382 of 710 Page 2 ALDI Grocery Store LUAR 17-006 Adjacent Uses: North: Right-of-way for W. Boynton Beach Boulevard, and farther north developed commercial properties, classified Local Retail Commercial (LRC) future land use and zoned C-3 Community Commercial; South: Developed two-story office building, classified Office Commercial (OC) and zoned C-1, Office Professional; East: Developed single-family community (Stonehaven), classified Low Density Residential and zoned PUD; and West: Right-of-way for Knuth Road; farther west, developed commercial property (service station); to the southwest, vacant parcel; both properties classified Local Retail Commercial (LRC) and zoned PCD, Planned Commercial Development. BACKGROUND The 2.04 -acre parcel is currently developed with a one-story, 30 -year old rundown office building. The applicant, representing a global discount supermarket chain Aldi, Inc., proposes to redevelop the property with a 18,848 square foot store. In addition to the FLUM amendment and rezoning, the requests under concurrent consideration include site plan approval and a variance for the rear setback. The approval of the subject requests would bring the first Aldi store to the city. In recent years, the company opened stores in Delray, Boca Raton and West Palm Beach. Aldi operates approximately 10,000 stores wordwide; it has been present in the U.S. since 1976 where it also owns Trader Joe's. REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3: a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The subject request will allow to expand the use options for the site and support redevelopment more in line with the character and intensity of the existing commercial uses in the area. Such uses serve the continuously expanding population in the residential communities along the Congress Avenue corridor, incuding the incoming 2 Page 383 of 710 Page 3 ALDI Grocery Store LUAR 17-006 Cortina development which may bring over 1,500 new residents within a mile of the project. The proposed use, ALDI supermarket, will join the nearby Walmart and BJ's Wholesale Club in offering grocery items at discounted or very low prices. The subject FLU amendment and rezoning is also supported by market trends, which demonstrate more support for retail than for office development in the City. Boynton Beach does not have class "A" office, and the vacancy rates for classes "B" and "C" have been high in recent years. According to the the Cushman and Fields' 1St quarter 2017 report, the overall office vacancy rate in the Boynton market was 23.4%, the highest among the Palm Beach county municipalities (it was 13.8% countywide). On the other hand, Collier Intenational's review of the same period states: "Investors are attracted to the Palm Beach County retail market. Trading activity recorded $236 million in the first quarter of 2017 which amounts to almost triple the trading activity one year ago. Retail is trading at a premium when close to densifying urban neighborhoods." b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. There is not as yet a plan for the Congress Avenue corridor to guide redevelopment, but the proposed future land use amendment and rezoning are consistent with the general intent of the policies of the Comprehensive Plan's Future Land Use Element, which recognize and support commercial uses as goods/services providers and job generators, including, for example: Policy 1.17.1 The City shall continue to review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends.; and Policy 1. 17.6 The City shall continue to apply Economic Development Benefits review criteria to all rezoning and Future Land Use Map amendment requests to limit the conversion of industrial and commercial land to other uses. In addition, the proposed future land use amendment and rezoning supports "Strong Local Economy," one of the 9 objectives of the City's Strategic Plan. Consistency with Land Development Regulations (LDR) The application for the Master/Site Plan complies with the development regulations of the C-3 Community Commercial zoning district, other than the rear setback at the south side of the property. The applicant has submitted concurrent variance application and 3 Page 384 of 710 Page 4 ALDI Grocery Store LUAR 17-006 justification in an effort to deviate from those design regulations. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The land use pattern in adjacent and nearby areas is eclectic. it incorporates commercial uses of office and retail as well as single-family residential uses. The proposed FLU category and zoning district are more consistent with the land use and zoning patterns than the existing ones: except the subject property and one directly south of it, all commerciallly developed parcels in the area along the W. Boynton Boulevard carry the Local Retail Commercial category. Also, except for three PCDs (Planned Commercial Developments), the C-3 zoning prevails. Note that the development intensity of LRC future land use and C-3 zoning aligns with the high traffic volumes carried by urban principal arterials such as Boynton Beach Boulevard. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed amendment/rezoning supports the integration of the land uses consistent with the smart growth and sustainability initiatives since it provides uses complementary to the existing ones. Further, the commercial zoning, and planned grocery store would provide the neighborhoods along Knuth road with walkable option for convenience and other grocery items, or at least a driving option which avoids the greater roadway network e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. ALI Page 385 of 710 Page 5 ALDI Grocery Store LUAR 17-006 Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact will be reviewed as part of the site plan. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See responses to critera "a" and "c." The proposed FLUM category and zoning district would be more compatible with the current and future use of adjacent and nearby properties than the subject property's current designations. The amendments are likely to positively affect property values in the surrounding area. As previously noted, the land use pattern in adjacent and nearby areas is eclectic. it incorporates commercial uses of office, retail uses of various scales from small to major—including the 100,000 square foot BJs Shopping Center—as well as single- family residential uses. Except for one single family home near the northeast corner of the project, the abutting single family neighborhood to the east is separated from the subject property by a private road, and the same neighborhood directly abuts Boynton Beach Boulevard—an intense arterial roadway—to the north, and the BJs to the east. The subject rezoning would create an additional but certainly lesser impact on this neighborhood than these two uses but, at the same time, it would add another option of attractively priced staple goods in a walking distance grocery store. Hence, the amendments and the proposed use they support are "reasonably related" to the needs of the neighborhood and the City as a whole. Local residents can benefit, as well as others, budget -conscious and/or seeking alternatives to what is available elsewhere. ALDI sells store -specific brands, can provide significant savings on national brands, and partners—whenever possible—with local farmers. g. Economic Development Impact Determination for Conventional Zonin_g Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would - 5 Page 386 of 710 Page 6 ALDI Grocery Store LUAR 17-006 (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district, and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The answer to both questions is "no." The proposed amendment would represent the increase in both possible intensity of development and in number and type of commercial uses with "high probable economic development benefits." h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed rezoning does not reduce the amount of land available for commercial/industrial development. It keeps and further intensifies the potential commercial redevelopment of the site. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. Note that the subject parcel is not vacant. There are 3 (three) vacant parcels within the city carrying the C-3 zoning AND close in size to the property under consideration. These may not be currently on the market and/or their location may not be suitable for a grocery store. As discussed previously in this report, the proposed amendment/rezoning will make the property more consistent with the area land use patterns. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. For the master plan/site plan review, see the corresponding staff report. As already C Page 387 of 710 Page 7 ALDI Grocery Store LUAR 17-006 mentioned, the application for the Master/Site Plan complies with the development regulations of the C-3 Community Commercial zoning district, other than the rear setback at the south side of the property. The agent has submitted concurrent variance application and justification in an effort to deviate from those design regulations. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that it meets the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTSWIdi Grocery\ALDI LUAR 17-006\LUAR 17-006 Aldi Store Staff Report.doc Page 388 of 710 EXHIBIT A SITE LOCATION MAP 0 3060 120 180 240 Feet Page 389 of 710 EXHIBIT B ALDI: PROPOSED FLU (LUAR 17-006) Legend: FLU Categories LOW DENSITY RESIDENTIAL (LDR), 7.5 D.U./Acre milm"m mil"CITY BOUNDARY LOCAL RETAIL COMMERCIAL (LRC) OFFICE COMMERCIAL (OC) A 0 3060 120 180 240 ffbM 0 EXHIBITC ALDI: PROPOSED ZONING (LUAR 17-006) Legend: ZONING DISTRICTS PLANNED UNIT DEVELOPMENT (PUD) C-3 COMMUNITY COMMERCIAL C-1 OFFICE PROFESSIONAL PLANNED CIMMERCIAL DEVELOPMENT (PCD) mil"milm"m CITY BOUNDARY Page 391 of 710 M PUBLIC HEARING 12/5/2017 REQUESTED ACTION BY COMMISSION: Approve Aldi Grocery Variance (ZNCV 17-001) for the relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article 111, Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet, for a proposed Aldi Grocery Store within the C-3 Community Commercial zoning district. Applicant: Bonnie Miskel, Duany, Miskel & Backman, LLP. EXPLANATION OF REQUEST: Bonnie Miskel of Dunay, Miskel & Backman LLP, representing property owner MG3 3452 West Boynton LLC and applicant/contract purchaser Aldi, Inc., is requesting concurrent Land Use & Rezoning, Major Site Plan Modification Community Design Appeals and Zoning Code Variance approval to construct a 17,880 square foot grocery store and related site improvements at the southeast corner of Boynton Beach Boulevard and Knuth Road. On November 15, 2016, the City Commission approved a request for Conditional Use / Major Site Plan Modification to convert the vacant 13,640 square foot office building to a day care operation for up to 200 children. This new plan for a grocery store has been designed depicting a 30 foot wide segment of the building with a 14 foot rear (south) setback, with the remainder of the rear of the building (approximately 90 feet) at a 31 foot setback, 11 feet further from the rear property line than required by code. As a result, the applicant is requesting a variance for a reduction in the minimum required rear building setback of 20 feet to 14 feet resulting in a variance of 6 feet. This reduction equals a variance of 6 feet for approximately one-quarter of the width of the proposed building. Based on staff's analysis, it would appear as though the variance request does not satisfy all of the above criteria; however, there are strong arguments for approval of the variance, based upon: 1. the uniqueness of this C-3 site, being smaller than other surrounding C-3 sites with the same locational criteria and which currently accommodate big box users; 2. the setback reduction request is for only a small portion of the building which abuts a parking lot for an office building to the south, thereby creating no external impact; 3. the portion of the building creating the need for a variance actually acts as a solid buffer of the loading operations from the residential development to the east; 4. the request is the minimum variance necessary to make site operations functional; and 5. the request provides adequate separation between properties, while providing for proper site and emergency circulation, screening of back of house operations, and adequate air circulation and natural light to adjacent properties. Therefore, staff recommends APPROVAL of the requested variance to reduce the rear (south) setback for a small segment of the building. This request will not be injurious or detrimental to the area in general or any property owner in particular. The Planning & Development Board reviewed this request at their October 24, 2017 meeting and recommends approval. Page 392 of 710 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Collection of fees associated with building permits, business tax and property tax ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Drawings D Letter D Conditions of Approval D Development Order Description Staff Report Location Map Site Plan Applicant's Justification Conditions of Approval Development Order Page 393 of 710 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-039 STAFF REPORT TO: Chair and Members Planning & Development Board and City Commission THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: October 9, 2017 PROJECT NAME/NO: Aldi Grocery Variance / ZNCV 17-001 REQUEST: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III. Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet, for a proposed Aldi Grocery Store within the C-3 Community Commercial zoning district. PROJECT DESCRIPTION Property Owners: MG3 3452 West Boynton LLC Applicant /Agent: Bonnie Miskel, Dunay, Miskel & Backman LLP Location: 3452 W. Boynton Beach Blvd. (see Exhibit "A" — Location Map) Acreage: 2.04 acres (88,759 square feet) Proposed Use: Grocery Store (see MSPM 17-005) Existing Zoning: C-1 (Office Professional) Proposed Zoning: C-3 (Community Commercial) Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north developed commercial properties zoned C-3 (Community Commercial); Page 394 of 710 Staff Report ZNCV 17-001 Aldi Grocery Memorandum No. PZ 17-039 Page 2 South: Office building zoned C-1 (Office Professional); East: Stonehaven residential development zoned PUD (Planned Unit Development); and West: Right-of-way for Knuth Road, and farther west BP Gas Station and undeveloped land zoned PCD (Planned Commercial Development). BACKGROUND The subject property is currently zoned C-1 (Office Professional) and this variance request for a reduction in rear setback is accompanied by applications for Land Use amendment & Rezoning and Major Site Plan Modification. The site is located at the southeast corner of Boynton Beach Boulevard and Knuth Road (see Exhibit "A" — Location Map). On November 15, 2016 the City Commission approved a request for Conditional Use / Major Site Plan Modification to convert the vacant 13,640 square foot office building to a day care operation for up to 200 children. The property owner was approached shortly after the day care approval by Aldi representatives interested in purchasing the property to locate one of their stores. As a result, these new applications for a grocery store were filed with the City. The building has been vacant for approximately three (3) years and the site and access points have been fenced off in order to prevent any property damage and unlawful behavior. PROPOSAL Bonnie Miskel of Dunay, Miskel & Backman LLP, representing property owner MG3 3452 West Boynton LLC and applicant/contract purchaser Aldi, Inc., is requesting concurrent Land Use & Rezoning (LUAR 17-006) and Major Site Plan Modification (MSPM 17-005) approval to construct a 17,880 square foot grocery store and related site improvements (see Exhibit "B" — Site Plan). After working through site design issues for an Aldi grocery prototype building, the applicant determined a variance would be needed for the rear (south) building setback abutting an existing office building. The current standard rear setback for the C-3 zoning district is a minimum of 20 feet. The site plan has been designed depicting a 30 foot wide segment of the building with a 14 foot rear (south) setback, with the remainder of the rear of the building (approximately 90 feet) at a 31 foot setback, 11 feet further from the rear property line than required by code. As a result, the applicant is requesting a variance for a reduction in the minimum required rear building setback of 20 feet to 14 feet resulting in a variance of 6 feet. This reduction equals a variance of 6 feet for approximately one-quarter of the width of the proposed building. ANALYSIS Staff reviewed the requested variance focusing on the applicant's response to criteria a. — f. below (see Exhibit "C" - Justification). The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiarto the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Page 395 of 710 Staff Report ZNCV 17-001 Aldi Grocery Memorandum No. PZ 17-039 Page 3 The subject property abuts developed commercial property to the south, unlike most commercial parcels lining arterial and collector roadways, which back up directly to residential properties. As the code requires back of house operations, such as loading docks, to be screened from view from rights-of-way and buffered from residential development, the applicant has designed the loading area so that it abuts the commercial development to the south and created a bump out in the footprint to completely buffer the loading operations from the residential development to the east with the wall of the building itself. The approval of the 6 foot variance for approximately one-quarter of the width of the building appears minimal when addressing code requirements for screening the loading area and buffering the operations from the residential development to the east. The applicant notes that the majority of the rear of the building exceeds the minimum rear setback by more than 11 feet, thereby reducing the the visual impact of a rear setback encroachment. b. That the special conditions and circumstances do not result from the actions of the applicant. Although the applicant is utilizing one of their corporate prototype designs, the applicant indicates that the shape of the property and City regulations associated with parking, circulation, and foundation landscaping have dictated the placement of the building on the parcel. Conversely, the applicant could modify the prototype building footprint in an effort to meet the required rear setback. However, an argument could be made that there are special circumstances that the property is indeed unique since it meets the locational criteria and minimum lot standards of the C-3 zoning district, which is intended to accommodate large intensive retail commercial uses and projects, but is smaller than the typical C-3 zoned property. The applicant indicates that the special conditions and circumstance do not result from the applicant, but existing conditions associated with the site and its shape, as well as the City's land development regulations relative to parking and landscaping. c. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. As previously noted, unlike most commercial parcels lining arterial and collector roadways, which back up directly to residential properties, this particular parcel abuts another developed commercial property. Practically all zoning codes are designed to maximize setbacks and buffers between commercial and residentially zoned property, in order to provide the separation necessary to ensure the quiet enjoyment by owners of residentially zoned lands. The fact that the variance request is for a setback between abutting commercial properties, staff believes no special privilege will be provided that would not be provided in similar circumstances. The applicant states that the granting of a variance would not confer any special privilege on the applicant, as other property owners would be entitled to request the same variance if special conditions exist on their property. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter [ordinance] and would work unnecessary and undue hardship on the applicant. The literal interpretation of the code requirements may make the project a little less feasible on the part of the applicant. Major corporate entities tend to want to work within the pre - Page 396 of 710 Staff Report ZNCV 17-001 Aldi Grocery Memorandum No. PZ 17-039 Page 4 established design of the company's prototype buildings, both for ease of construction and pre -designed drawings which do not need to be modified, as well as the impacts associated with shelving and product layout changes necessitated with a building redesign. The applicant indicates that the site currently houses a rundown and vacant office structure and that the applicant proposes to bring an international grocery store to the City, and that the literal interpretation of the rear setback for a small portion of the building would deprive the immediate community and City of a greater benefit. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. By allowing a reduction in the rear setback, the applicant can provide the necessary screening and buffering of the back of house operations associated with the business, the required parking, safe vehicular circulation, appropriate perimeter and foundation landscaping, and increased pedestrian amenities. The requested variance from a 20 foot to a 14 foot rear setback is the minimum variance necessary to appropriately fit the building prototype and amenities on the parcel. As the proposed building design and placement meets the minimum side setback standard and do not require the need for a setback reduction from the abutting residential land use, the impacts associated with the minimal reduction request for a small portion of the building are negligable. As noted above, the redesign of the building prototype would be the only way to fit the building on site without benefit of the minimal variance requested. The applicant believes the request is the minimum variance necessary to make reasonable use of the property and that the overall benefit of screening the residential development to the east, as well as accommodating other site requirements through the proposed building placement, such as parking, circulation, landscaping and buffering outweigh the slight encroachment. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff believes that granting this variance will have virtually no impacts upon surrounding properties considering the minimal intrusion into the setback abutting another commercially - zoned property. The purpose of property development regulations in the Zoning Code, specifically setback requirements, is to ensure compatibilty and a sense of privacy between properties through the provision of adequate separation of structures. The variance would allow the development to appropriately locate the back -of -house operations, including loading/unloading, while providing required screening and buffering of these operations from rights-of-way and the residential development to the east. The applicant believes the granting of the requested variance would be in harmony with the general intent and purpose of this chapter of the code, noting that the impact of the variance requested is negligible as compared to the benefits of the subject site as a whole and surrounding properties. The applicant goes on to state, "Furthermore, the requested variance is aligned with the City's Comprehensive Plan policies", including Policy 1.17.3, which states that the City shall improve approval processes and remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. Further, the applicant states," Granting the requested variance is consistent with this policy because granting a minor setback variance will allow the project to create jobs and contribute to the City's tax base while providing a specialty product and service that is Page 397 of 710 Staff Report ZNCV 17-001 Aldi Grocery Memorandum No. PZ 17-039 Page 5 currently a popular market trend." RECOMMENDATION Based on the analysis contained herein, it would appear as though the variance request does not satisfy all of the above criteria, however there are strong arguments for approval of the variance, based upon: 1) the uniqueness of this C-3 site, being smaller than other surrounding C-3 sites with the same locational criteria and which currently accommodate big box users; 2) the setback reduction request is for only a small portion of the building which abuts a parking lot for an office building to the south, thereby creating no external impact; 3) the portion of the building creating the need for a variance actually acts as a solid buffer of the loading operations from the residential development to the east; 4) the request is the minimum variance necessary to make site operations functional; and 5) the request provides adequate separation between properties, while providing for proper site and emergency circulation, screening of back of house operations, and adequate air circulation and natural light to adjacent properties. Therefore, staff recommends APPROVAL of the requested variance to reduce the rear (south) setback for a small segment of the building. This request will not be injurious or detrimental to the area in general or any property owner in particular. No conditions of approval are recommended for the variance request other than the request being subject to the approval of the Land Use amendment and Rezoning, Major Site Plan Modification, and Community Design Appeal applications. However, any conditions of approval added by the Planning & Development Board or the City Commission will be placed in Exhibit "D" — Conditions of Approval. S:\Planning\SHARED\WP\PROJECTSWIdi Grocery\ZNCV 17-001\Staff Report.doc Page 398 of 710 EXHIBIT A SITE LOCATION MAP 0 3060 120 180 240 Feet Page 399 of 710 i MWOOMMMEMIN, -LLm `off oar - o LL a LL a a v d w d w d r r c� c r m F- m DU NAY MISKEL BACKMANLLP Gary unay Bonnie Mishe! Scott Backman Hope Calhoun Dwayne Dickerson Ele Zachariades Aldi 3452 W. Boynton Beach Boulevard Southeast Corner of W. Boynton each Boulevard and Knuth Road Andrea Keiser Aldi, Inc. ("Petitioner") is the contract purchaser of the +/- 2.04 acre parcel, whose Parc Control Numberis 08-43-45-30-01-008-0031 and generally located onthe southeast corner of We Boynton Beach Boulevard and Knuth Road ("Property") within the City of Boynton Beach, Pal Beach County, Florida ("City"). The Property is designated as Office Commercial on the Ci Future Land Use Map and is zoned Office Professional ("C-1"). Currently, the Property is develop with a rundown, one-story office building over thirty (30) years old and is in need of redevelo men Variance Justification F" Tug ffiffemm nil 110jr.1jal htL orate.ald LL-i-,cj-e-njiiewsragmIaLAard,,al-nI force 2 aid i.jj�v fl c �a / rc stc�,_e-brands-jnjig�Line-Z014-retaile _1z 3 h A_k1rv_orAta1dijiy/eank sLswljwrnami- _et-ng:wV 14 S,E 4th Street, Suite 36, Boca Raton, FL33432 TeLf"611405-3300 Fax: (561)409-2341 www,dmbb1aw,corn Page 401 of 710 g. As such, ffie scope ofthis requested variance is limited to the 14.81 foot rear (south) setback on approximately thirty percent (30%) of the southeast corner of the building. LDR Chapter 2, Article 11, Section 4.1) provides the review criteria used for evaluating variance requests. Petitioner will demonstrate below that the requested variance is consistent with the following review criteria as follows: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district, liere are s I i n Wwfim!_111111 * I 11" wmkalliwl aim IMMUMMAMMM. 11 111.9 MW TFT I 71 -TT MaTir itfn T em: practicaDle at J Lb!) feet Is o u tt hh e Mac t stern portion of the Property. In consideration of the residential community adjacent to the east of the Property, the Applicant added a small appendage for loading ("Loading Dock") to the southeastern portion of the building in order to screen loading trucks from any views by impacted residents. Additionally, the grade of the loading zone is slightly lower to screen the loading truck from the property to the south. With a majority of the building set back at 31.65 feet and only thirty QO) feet of buildin setbackatl4.81 dUU11 pianLing arouna tne building and visible from both right-of-ways; the required twenty-five (25) foot drive aisles for proper circulation; the required ten (10) foot buffers on the north and west side of the Property and the required t irtJ [JQ,�_f&j ir,. That special conditions and circumstances do not resultfrom the actions ofthe applicant for the variance, The special conditions and circumstances do not result from the actions of the Applica They result from the natural and existing conditions of the Property. The shape of t Property and the existence of the adjacent eastern residential community does not resu from the actions of the Applicant. Moreover, the City's LDR requirements necessitate t proposedlayout. 1 K Page 402 of 710 c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district; Granting the variance requested will not confer on the Applicant any special privilege that denied by this section to other lands, structure or buildings in the same zoning district. A other property is entitled to request the same variance if special conditions a circumstances exist on their property. I d That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. A literal interpretation of the provisions of LDR Chapter 3, Article 111, Section 3.C.3 would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district and would inflict unnecessary andundue hardship on the Applicant. Currently, the Propert is develoyed with a rundownotaumtakri IM, and is greatly in need of redevelopment. The Applicant desires to bring an international and awarI winning specialty grocery store to serve the diverse residents of the surrounding communities and the City. The proposed use is more consistent with the land use and zoning patterns in this area. A literal interpretation of LDR Chapter 3, Article 111, Section 3.C.3 for a mere thirty (30) feet of the requested variance would deprive the community and the City of a ereater at the variance granted is the miyi 1; Th,L;�,ai"ix%wwt '-fr' of the land, structure or building. The proposed rear (south) setback is approximately seventy percent (70%) compliant with reIR Chapter 3, Article 111, Section 3.C.3. Applicant is requesting a minimum variance of only thirty (30) feet for the benefit of screening the adjacent, eastern residential community and for the benefit of bringing the Project into compliance with all other provisions required under the City's LDR, such as landscaping, buffering, circulation, and parking. f That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not he injurious to the area involved or be otherwise detrimental to the public welfare. Granting the variance will be in harmony with the general intent and purpose of this chapte The purpose and intent of LDR Chapter 2, Article 11, Section 4 is to provide an efficient reli process to allow for reductions in the minimum yard setbacks that would have negligib impacts upon the subject site and surrounding properties and represent compliance wil -AC Page 403 of 710 the general intent of the City's zoning regulations. The requested variance meets the general intent of LDR Chapter 3, Article 111, Section 3.C.3 by complying with almost seventy percenj (70%) of the minimum rear setback requirement. The requested variance for a mere thirty (30) feet is negligible as compared to the benefits of the subject site as a whole and surrounding properties. Furthermore, the requested variance is aligned with the City's Comprehensive Plan policies. Policy 1.17.3 states that the City shall improve approval processes and remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. Granting the requested variance is consistent with this policy because granting a minor setback variance will allow the Project to create jobs and contribute to the City's tax base while providing a specialty product and service that is currently a popular market trend. Moreover, the requested variance will not be injurious to the area involved or be otherwise detrimental to the -Loublic welfare, but benefits the area and (cublic welfare, The reXuested variance Xrovi*R better screening for the adjacent eastern residential community and the public welfare enjoys a specialty product and service. ER Page 404 of 710 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Aldi Grocery File number: ZNCV 17-001 Reference: 4th review plans identified as a New Site Plan with a October 10, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Land Use & Rezoning, Major Site Plan Modification and Community Design Appeals. X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. Page 405 of 710 Aldi Grocery (ZNCV 17-001) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE I REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\ZNCV 17-001\COA post P&D.doc Page 406 of 710 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Aldi Grocery (ZNCV 17-001) APPLICANT: Bonnie Miskel, Esq. of Dunay, Miskel & Backman, LLP APPLICANT'S ADDRESS: 14 SE 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2017 APPROVAL SOUGHT: Relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III. Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet. LOCATION OF PROPERTY: 3452 W. Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\ZNCV 17-001\DO.doc Page 407 of 710 9.C. PUBLIC HEARING 12/5/2017 REQUESTED ACTION BY COMMISSION: Approve Aldi Grocery Community Design Appeals (CDPA 17-006) from 1) Chapter 4, Article 111, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article 111, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter 4, Article 111, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article 111, Section 7.J.1. "Off-street parking locational criteria". Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. EXPLANATION OF REQUEST: Bonnie Miskel of Dunay, Miskel & Backman LLP, representing property owner MG3 3452 West Boynton LLC and applicant/contract purchaser Aldi, Inc., is requesting concurrent Land Use & Rezoning, Major Site Plan Modification, Community Design Appeals and Zoning Code Variance approval to construct a 17,880 square foot grocery store and related site improvements at the SE corner of Boynton Beach Boulevard and Knuth Road. On November 15, 2016, the City Commission approved a request for Conditional Use / Major Site Plan Modification to convert the vacant 13,640 square foot office building to a day care operation for up to 200 children. After review of the requests, applicant justifications, proposed mitigation measures, and ultimate building and site design, staff has determined that the project meets the intent of the review criteria for Community Design Appeals in relation to 1) the remote location and screening of the overhead bay door; 2) appropriate building scale, mass and finishes providing a complete 360 degree design; 3) provision of alternative covered pedestrian amenities servicing a greater portion of the parking lot and allowing for larger landscape areas; and 4) added parking lot improvements to decrease the appearance of a large asphalt parking field. In addition, the proposed design of the project is not inconsistent with the Comprehensive Plan, will not significantly detract from the livability within or appearance of the City, will provide a well -located business with enhanced site amenities at a key intersection of the City, and finally, the project should not have any adverse impact on property values of abutting or adjacent land. The Planning & Development Board reviewed this request at their October 24, 2017 meeting and recommends approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Collection of fees associated with building permits, business tax, and property tax ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 408 of 710 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Drawings D Exhibit D Exhibit D Exhibit D Exhibit D Conditions of Approval D Development Order Description Staff Report Location Map Site Plan ODA 17-006 Justifications ODA 17-007 Justifications ODA 17-008 Justifications ODA 17-009 Justifications Conditions of Approval Development Order Page 409 of 710 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-053 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael W. Rumpf, Director of Planning & Zoning FROM: Ed Breese, Principal Planner DATE: October 11, 2017 PROJECT NAME/NO: Aldi Grocery / CDPA 17-006 through 17-009 REQUEST: Approve requests for Community Design Appeal of 1) Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article III, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter4, Article III, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article III, Section 7.J.1. "Off-street parking locational criteria". Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. Property Owner: MG3 3452 West Boynton LLC Agent: Bonnie Miskel, Dunay, Miskel & Backman, LLP Location: 3452 W. Boynton Beach Boulevard (see Exhibit "A" - Site Location Map) Site Details: The applicant has submitted development applications for Land Use & Rezoning, Major Site Plan Modification, Rear Setback Variance, and Community Design Appeals, for the construction of a one-story, 17,880 square foot grocery store building and related site improvements, on 2.04 -acres. The subject site is located at the southeast corner of Boynton Beach Boulevard and Knuth Road (see Exhibit "A" — Location Map), and is currently occupied by a vacant 13,640 square foot office building, which would be demolished as part of the requested development plan. NATURE OF REQUEST As noted above, Bonnie Miskel, agent for MG3 3452 West Boynton LLC and Aldi, Inc., is requesting approval of four (4) Community Design Plan Appeals. The first appeal request is of Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way", which is relative to the location of the overhead bay door for the loading dock. The community design standards prohibit overhead bay doors on facades facing selected highly visible roadways. Knuth Road is one of those select roadways and the door is on the facade facing Knuth Road. The second is of Chapter 4, Article III, Section 7.D.2., "Parapet roof return requirements", which requires parapet returns be equal to the height of raised building facade elements above the typical parapet height, in an effort to provide more dimension to the facade, not simply straight walls. The applicant is proposing parapet returns of slightly more than half the required. The third request is of Chapter 4, Article III, Page 410 of 710 Staff Report — Aldi Grocery (CDPA 17-006 through 17-009) Memorandum No PZ 17-053 Page 2 Section 7.G.2., "Covered walks along building facades", which requires covered walkways be located along 70% of the front facade and 30% along the side corner facade, with seven (7) foot clear pedestrian passage. The applicant is proposing a covered walk within the parking area, as opposed to against the building facade. The last request is of Chapter 4, Article III, Section 7.J.1. "Off-street parking locational criteria" which restricts the percentage of parking spaces that may be located between the building facade and a public street to a maximum of 60%. Due to the rectangular nature of the site and building placement limitations, the applicant proposes site improvements/amenities that reduce the visual impact associated with the size of the parking field. BACKGROUND AND ANALYSIS The applicant has submitted a Justification Statement (Exhibit "C") date-stamped September 25, 2017 addressing each of the following review criteria for such applications: • a) Whether the proposed request will demonstrate consistency with the Comprehensive Plan; • b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; • c) On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; • d) Whether the proposed request is intended to save or preserve existing trees or desired flora; • e) Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; • f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; • g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; • h) Whether the proposed request is necessary to further the objectives of the City to assist with economic development and business promotion; and • i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The first application submitted for Community Design Plan Appeal involves Land Development Regulations (LDR) Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way". The community design standards prohibit overhead bay doors on facades facing selected highly visible roadways. Knuth Road is one of those select roadways and the overhead bay door for the loading dock is on the facade facing Knuth Road. The applicant notes that the site size and configuration limits the possible location of the loading area, as other code regulations limit these types of operations to the back of the building. The applicant has provided additional mitigation as part of their justification, including recessing the loading Page 411 of 710 Staff Report — Aldi Grocery (CDPA 17-006 through 17-009) Memorandum No PZ 17-053 Page 3 dock from the westernmost building facade by nearly 90 feet, placing it approximately 175 feet from Knuth Road, painting the door to match the building to help it blend in with the balance of the building wall, and enhancing the landscaping to better screen the loading dock area. Staff believes that the mitigation measures warrant approval of the appeal. The second application submitted for Community Design Plan Appeal involves Land Development Regulations (LDR) Chapter 4, Article III, Section 7.D.2., "Parapet roof return requirements", which requires parapet returns be equal in size to the height of raised building facade elements above the typical parapet roof height, in an effort to provide more dimension to the facade, not simply straight walls. The applicant has provided a parapet return of approximately one-half of that required, and justifies the deviation through 1) the use of parapets at varying heights; 2) the articulation occurring at the corners, which already provide greater dimension in two different planes; and 3) by providing a three-dimensional cornice at the top of the parapets on any side visible from off site. Staff believes that the raised architectural elements being located at the building corners combined with the three-dimensional cornice application on all locations visible from off-site essentially achieve the desired appearance contemplated in the design guidelines, and warrant approval of the appeal. The third application submitted for Community Design Plan Appeal involves Land Development Regulations (LDR) Chapter 4, Article III, Section 7.G.2., "Covered walks along building facades", which requires covered walkways be located along 70% of the front facade and along 30% the side corner facade, with seven (7) foot clear pedestrian passage. The applicant indicates that the Aldi standard store site design places the shopping cart corrals immediately on either side of the front entry, and is alternatively providing seven (7) foot clear pedestrian passage along the front of the building; however, the walk would not be covered. As part of the justification, the projection would need to extend off the building more than 14 feet to accommodate both pedestrians and cart storage. The applicant proposes mitigation through 1) the provision of the required seven (7) foot wide pedestrian pathway (uncovered); 2) the addition of the segmented covered trellis walkway from the Boynton Beach Boulevard sidewalk (which they indicate will serve a greater portion of the parking lot, rather than those customers parked against the building; and 3) the placement of more aesthetically pleasing planting areas at the front of the building that can now be accommodated. While staff would typically prefer the covered walks along the building facade, the provision of a segmented covered walk from Boynton Beach Boulevard to the front entry is a viable alternative, serving to meet other community design criteria, such as breaking up large expanses of asphalt, and therefore warrants approval of the appeal. The fourth application submitted for Community Design Plan Appeal involves Land Development Regulations (LDR) Chapter 4, Article III, Section 7.J.1. "Off-street parking locational criteria" which restricts the percentage of parking spaces that may be located between the building facade and a public street to a maximum of 60%. Due to the rectangular nature of the site and building placement limitations, the applicant proposes site improvements/amenities that reduce the visual impact associated with the size of the parking field. These enhancements include the provision of a segmented covered trellis walkway from Boynton Beach Boulevard, additional parking lot landscape islands, large landscape planter areas near the Page 412 of 710 Staff Report — Aldi Grocery (CDPA 17-006 through 17-009) Memorandum No PZ 17-053 Page 4 building entry, and use of stamped concrete walkways to break up the asphalt parking lot. Based upon site limitations, dictating potential parking lot design, combined with the parking lot amenities proposed by the applicant, staff believes the appeal is warranted. In conclusion, staff has determined that the project meets the intent of the review criteria for Community Design Appeals in relation to 1) the remote location and screening of the overhead bay door; 2) appropriate building scale, mass and finishes providing a complete 360 degree design; 3) provision of alternative covered pedestrian amenities servicing a greater portion of the parking lot and allowing for larger landscape areas; and 4) added parking lot improvements to decrease the appearance of a large asphalt parking field. In addition, the proposed design of the project is not inconsistent with the Comprehensive Plan, will not significantly detract from the livability or appearance of the City, will provide a well- positioned and amenitized business at a key intersection of the City, and finally, the project should not have any adverse impact on property values of abutting or adjacent land. RECOMMENDATION Staff has reviewed these requests for Community Design Appeal approval. Based on the analysis contained herein, staff recommends approval of each contingent upon City Commission approval of the concurrent requests for Land Use & Rezoning, Major Site Plan Modification, and Rear Setback Variance, and satisfying all comments indicated in Exhibit "D" — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\CDPA 17-006 through 17-009\CDPA Staff Report.doc Page 413 of 710 EXHIBIT A SITE LOCATION MAP 0 3060 120 180 240 Feet Page 414 of 710 i MWOOMMMEMIN, -LLm `off oar - o LL a LL a a v d w d w d r r c� c r m F- m Gary Dungy Beanie Misket Scott Backman Hope Calhoun Dwayne Dickerson Ete Zachariades Ii 3452 W. Boynton Beach Boulevard Southeast Corner of W. Boynton Beach Boulevard and Knuth Road MMERMFUMM Aldi, Inc. ("Petitioner") is the contract purchaser of the +/- 2.04 acre parcel, whose Parcel Control Number is 08-43-45-30-01-008-0031 and generally located on the southeast corner of West Boynton Beach Boulevard and Knuth Road ("Property") within the City of Boynton Beach, Palm Beach County, Florida ("City"). The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently, the Property is developed with a rundown, one-story office building over thirty (30) years old and is in need of redevelopment. The Petitioner proposes to redevelop the Property with a +/- 18,848 square foot ALDI specialty grocery store ("Project"). In order to develop the Project, Petitioner requested a future land use map ("FLUM") amendment, rezoning, site plan approval, and a variance for the rear (south) setback. Here, Petitioner also respectfully requests Community Design Appeals for the following (each will be addressed in separate justification narratives): No. Code Section &h ect 1 Part III, Chapter 4, Article III, Section 3.G Overhead Bay Doors 2 Part III, Chapter 4, Article III, Section 7.D.2 Parapet Return 3 Part III, Chapter 4, Article III, Section 7.G.2 Covered Walkways 4 Part III, Chapter 4, Article III, Section 7.J.1 Off -Street Parkin In order to bring City residents Aldi's specialty products with savings afforded to communities all over the world, Petitioner respectfully requests a Community Design Appeal ("CDA"). The purpose of a CDA is to provide a relief process that allows for deviations from any community design standard of Chapter 4 of the City's Land Development Regulations ("LDR"). Pursuant to LDR Part III, Chapter 4, Article III, Section 3.G, overhead bay doors shall not be located on building facades visible from Knuth Road. Petitioner is proposing an overhead bay door in the southeastern corner of the Property. See illustration below. The overhead bay door is oriented toward Knuth Road, but it's visibility has been significantly reduced. Thus, a CDA is required. 14 S.C. 4th Street, Suite 36, Boca Raton, FL 33432 Tei: (5611405-3300 Fax: (561) 409-2341 www.dmbblaw.com Page 416 of 710 Pursuant to LDR Part III, Chapter 2, Article II, Section 4.B.3, the Petitioner will demonstrate that the requested CDA meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and/or design is achieved. First, the overhead bay door is located within a recessed portion of the building with a downward slope of up to four and a quarter (4.25) feet. The recessed portion of the building and downward slope inherently reduces visibility from Knuth Road while the west facade of the building shields most of its visibility. Second, the overhead bay door is camouflaged by painting it the same color as the building to blend in with the west facade. Third, the curb cut on the south side of the drive aisle and Knuth Road has been slightly adjusted from approximately fourteen feet (14') to seventeen feet (17') to further reduce visibility from Knuth Road. Fourth, a denser landscape buffer, consisting of groupings of Sabal Palms and Green Buttonwoods plus a forty-eight inch (48") hedge height, even further reduces the overall visibility of the loading area and overhead bay door. Considering the foregoing, the Petitioner has significantly reduced the visibility of the overhead bay door in order to meet the intent of the LDR without diminishing its practical application. Furthermore, the location of the loading area and overhead bay door on the southeastern portion of the Property achieves the best design for this site. The northern portion of the Property contains most of the pedestrian activity, visibility and vehicular access for patrons from a major public right-of-way, Boynton Beach Boulevard. By locating the loading area and overhead bay doors Page 417 of 710 furthest from the pedestrian activity ensures the safety of Aldi's patrons. The eastern portion of the Property is adjacent to a residential neighborhood and locating the loading area closest to residential homes would be undesirable. The proposed location uses the building itself and a thirty- foot (30') setback to screen and to protect the residential community from any impacts of the commercial activity. The western portion of the Property also contains pedestrian activity and has visibility from another public right-of-way, Knuth Road. The loading area is located on the southern portion of the property and is adequately screened by denser landscaping, a forty-eight (48) inch hedge, and a downward slope of up to four and a quarter (4.25) feet. The overhead bay doors are oriented toward the Knuth Road so loading trucks can access the downward sloped, loading area from the southwest corner of the site, which has the least amount of impact to any pedestrians on site. The overhead bay doors are located furthest from Knuth Road in the recessed portion of the building and its visibility is further reduced by the west facade, the adjusted curb cut, and the additional landscaping. As such, the proposed location of the loading area and overhead bay doors achieves the best development product and design for this site while significantly reducing its visibility from Knuth Road in order to meet the intent of LDR Part III, Chapter 4, Article III, Section 3.G. Below, the Petitioner will also justify that the requested CDA sufficiently addresses the required review criteria in accordance with LDR Part III, Chapter 2, Article II, Section 4.B: a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan; Granting the requested CDA is consistent with the Comprehensive Plan ("Plan"). As discussed above, the proposed location of the overhead bay doors achieves the best design for this site, significantly reduces its visibility, ensures the safety of pedestrians, and protects the adjacent residential community. Moreover, granting the requested CDAs allows the Petitioner to propose a Project for a Property greatly in need of redevelopment. As such, the CDA is consistent with the goals, policies and objectives outlined in the City's Plan as follows: Policy 1.3.1.b - By granting the CDA, the Petitioner can most effectively provide commercial retail services which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities. Policy 1.4.1 - The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. The Project proposes a commercial use that is more consistent with the future land use designations and zoning districts of neighboring communities and adequate public facilities are available for the proposed use. Thus, the Project minimizes land use conflicts and maintain the character of the community (Goal 1). Policy 1.4.2 - The City shall continue to modify land development regulations as needed to make them more effective or less burdensome in achieving goals and objectives of this Plan, and to seek innovative regulatory solutions to promote economic development and sustainability initiatives. The purpose of the CDA is to provide a relief process that allows 3 Page 418 of 710 for deviations from any community design standard of LDR Chapter 4. This process stimulates economic development by providing relief from site design layouts that meet the general intent of the LDRs, but not the literal application of the LDRs which can be more burdensome in achieving the goals and objectives of this Plan. Here, the requested CDA for the overhead bay doors meets the general intent of the Code without diminishing the practical application of the design standard and results in the most favorable development design. Policy 1.7.3 - The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. The Petitioner is proposing a Project on a Property greatly in need of redevelopment. The site plan encourages the use of public transit by coordinating a bus shelter with Palm Tran on the Property. It also encourages bicycle travel by providing bicycle racks and other pedestrian amenities such as seating and covered trellises. The requested CDA maximizes the safety of pedestrians by locating the loading area and overhead bay doors the furthest away from pedestrian activity. Policy 1.7.4 - The City is required to evaluate the continuing need for redevelopment plans in specific areas of the City that are not within the City's designated Community Redevelopment Area ("CRA"). This Property has been developed with the same, rundown office building over thirty (30) years and is greatly in need of redevelopment. Thus, the CDA facilitates the much needed redevelopment of the Property, which is not located within a CRA. Policy 1.17.3 - By the end of 2014, the City shall review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As noted above, the requested CDA removes an unnecessary hurdle hindering redevelopment of this site with a commercial use thatwill create jobs, contribute to the City's tax base, and provide an internationally recognized brand name. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; The requested CDA will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area. Proposing the loading area and overhead bay doors on the most southeastern corner of the Property and in a recessed portion of the building with a downward slope achieves the best site design with the most reduced visibility of the overhead bay doors. The denser landscaping enhances the livability and appearance of the City, and the camouflaging of the overhead bay door blends in with the facade of the building, which is consistent with the character of the area. 4 Page 419 of 710 c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; The requested CDA is consistent with the purpose of the standard for which a deviation is requested. As discussed above, the requested CDA still meets the general intent of the standard, which is to reduce the visibility of the overhead bay doors. Furthermore, granting the requested CDA will better meet the purpose of the standard being appealed. The proposed location of the loading area and overhead bay doors creates a safer environment for pedestrians and protects the adjacent residential community while still reducing the overall visibility. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1) Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; (2) Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health, and species of trees sought to be protected; The criteria in d(1) and d(2) is inapplicable to this CDA. The overhead bay doors do not impact existing trees or flora. In fact, additional landscaping has been provided to meet the general intent of the LDR. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; This criterion is inapplicable to this CDA. The visibility of the overhead bay doors does not have any environmental impacts. f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; The requested CDA will not have an adverse impact on property values of abutting or adjacent land. In fact, the proposed location of the loading area and overhead bay doors within the recessed portion of the building protects the property values of the adjacent residential community. 5 Page 420 of 710 g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; This criterion is inapplicable to this CDA. The visibility of the overhead bay doors does not have any impacts on the quality and quantity of light and air available to adjacent properties. There will be no operations on site that will emit smoke or odors and the proposed building height (25'4") is far less than the maximum requirement (45'). h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion; and The requested CDA is necessary to further the objectives of the City to assist with economic development and business promotion. Policy 1.17.3 requires the City to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As already mentioned, the requested CDA achieves the best site design while still meeting the general intent of the LDR and removes an unnecessary hurdle hindering a much needed redevelopment of Property with a commercial use that will create jobs, contribute to the City's tax base, and provide an internationally recognized brand name. L Whether the proposed request meets the purpose and intent of these regulations but conflicts with anothersite development standard or requirement, including sustainable development and green initiatives. The Petitioner has demonstrated throughout this justification that the requested CDA meets the relief criteria. The requested CDA does not conflict with another site development standard or requirement. rel Page 421 of 710 Gary Dungy Beanie Misket Scott Backman Hope Calhoun Dwayne Dickerson Ete Zachariades Ii 3452 W. Boynton Beach Boulevard Southeast Corner of W. Boynton Beach Boulevard and Knuth Road MMERMFUMM Aldi, Inc. ("Petitioner") is the contract purchaser of the +/- 2.04 acre parcel, whose Parcel Control Number is 08-43-45-30-01-008-0031 and generally located on the southeast corner of West Boynton Beach Boulevard and Knuth Road ("Property") within the City of Boynton Beach, Palm Beach County, Florida ("City"). The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently, the Property is developed with a rundown, one-story office building over thirty (30) years old and is in need of redevelopment. The Petitioner proposes to redevelop the Property with a +/- 18,848 square foot ALDI specialty grocery store ("Project"). In order to develop the Project, Petitioner requested a future land use map ("FLUM") amendment, rezoning, site plan approval, and a variance for the rear (south) setback. Here, Petitioner also respectfully requests Community Design Appeals for the following (each will be addressed in separate justification narratives): No. Code Section Sub'ect 1 Part III, Chapter 4, Article III, Section 3.G Overhead Bay Doors 2 Part III, Chapter 4, Article III, Section 7.D.2 Parapet Return 3 Part III, Chapter 4, Article III, Section 7.G.2 Covered Walkways 4 Part III, Chapter 4, Article III, Section 7.J.1 Off -Street Parkin In order to bring City residents Aldi's specialty products with savings afforded to communities all over the world, Petitioner respectfully requests a Community Design Appeal ("CDA"). The purpose of a CDA is to provide a relief process that allows for deviations from any community design standard of Chapter 4 of the City's Land Development Regulations ("LDR"). LDR Part III, Chapter 4, Article III, Section 7.D.2 is a big box design standard and requires a parapet return with a length equal to or exceeding the parapet articulation. Petitioner is proposing the following and requires a CDA: Tower Parapet Articulation Parapet Return Main Tower 4 feet 2 feet Secondary Tower 4 feet 8 inches 2 feet 14 S.C. 4th Street, Suite 36, Boca Raton, FL 33432 Tei: (5611405-3300 Fax: (561) 409-2341 www.dmbblaw.com Page 422 of 710 Pursuant to LDR Part III, Chapter 2, Article II, Section 4.13.3, the Petitioner will demonstrate that the requested CDA meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and/or design is achieved. The intent of big box design standards is to eliminate adverse aesthetic impacts of large square or rectangular - shaped buildings with limited architectural enhancements. The minimum required parapet return is an architectural enhancement intended to minimize those impacts. Here, Petitioner's building proposes a plethora of architectural enhancements that result in a building design far more aesthetically pleasing than your typical big box building. The two most visible elevations are the front elevation (north) and the right elevation (west). Both elevations are visible from public rights-of-way, Boynton Beach Boulevard and Knuth Road. Both elevations provide the main tower elementwith the illuminated Aldi sign and secondary tower elements. This creates movement along the roof line as opposed to flat roofs typically seen on big box buildings. The facades offer a variety of colors and materials with different tones and consistency to create a visually aesthetic blend of architectural enhancements. They include vintage wood cedar, a brick like split -face CMU in Aldi Autumn, a prairie clay stucco, and aluminum composite panels in slate gray, bright silver, and gravel stop firestone white. Cornice treatments are provided on all four elevations to create a finished look. The varying tower and parapet heights create architectural enhancements that better meet the intent of the LDR than simply extending the parapet return. In fact, increasing the width of the parapet return for this particular building design would not be visible, and thus, have no additional impact on the architectural enhancements given the size of the building and existing tower elements. Therefore, the Petitioner has adequately addressed the intent of the LDR by providing architectural enhancements to the roof line that far exceed the minimum parapet return requirement. Below, the Petitioner will also justify that the requested CDA sufficiently addresses the required review criteria in accordance with LDR Part III, Chapter 2, Article II, Section 4.13: 0 Page 423 of 710 a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan; Granting the requested CDA is consistent with the Comprehensive Plan ("Plan"). As discussed above, the Petitioner's proposed building design does not qualify as a big box building and provides architectural enhancements that far exceed a minimum required parapet return. Moreover, granting the requested CDAs allows the Petitioner to propose a Project for a Property greatly in need of redevelopment. As such, the CDA is consistent with the goals, policies and objectives outlined in the City's Plan as follows: Policy 1.3.1.b - By granting the CDA, the Petitioner can most effectively provide commercial retail services which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities. Policy 1.4.1 - The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. The Project proposes a commercial use that is more consistent with the future land use designations and zoning districts of neighboring communities and adequate public facilities are available for the proposed use. Thus, the Project minimizes land use conflicts and maintain the character of the community (Goal 1). Policy 1.4.2 - The City shall continue to modify land development regulations as needed to make them more effective or less burdensome in achieving goals and objectives of this Plan, and to seek innovative regulatory solutions to promote economic development and sustainability initiatives. The purpose of the CDA is to provide a relief process that allows for deviations from any community design standard of LDR Chapter 4. This process stimulates economic development by providing relief from site design layouts that meet the general intent of the LDRs, but not the literal application of the LDRs which can be more burdensome in achieving the goals and objectives of this Plan. Here, granting the requested CDA provides relief from a design standard that is over burdensome because its application has little to no impact on the aesthetics of the building if the parapet return is not visible. Policy 1.7.3 - The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. The Petitioner is proposing a Project on a Property greatly in need of redevelopment. The site plan encourages the use of public transit by coordinating a bus shelter with Palm Tran on the Property. It also encourages bicycle travel by providing bicycle racks and other pedestrian amenities such as seating and covered trellises. The requested CDA maximizes the safety of pedestrians by locating the loading area and overhead bay doors the furthest away from pedestrian activity. Policy 1.7.4 - The City is required to evaluate the continuing need for redevelopment plans in specific areas of the City that are not within the City's designated Community 3 Page 424 of 710 Redevelopment Area ("CRA"). This Property has been developed with the same, rundown office building over thirty (30) years and is greatly in need of redevelopment. Thus, the CDA facilitates the much needed redevelopment of the Property, which is not located within a CRA. Policy 1.17.3 - By the end of 2014, the City shall review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As noted above, the requested CDA removes an unnecessary hurdle hindering redevelopment of this site with a commercial use thatwill create jobs, contribute to the City's tax base, and provide an internationally recognized brand name. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; The requested CDA will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area. As discussed above, the Petitioner has proposed a building design that is not the typical big box building and has many architectural enhancements that create a positive aesthetic impact in the community. c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; The requested CDA is consistent with the purpose of the standard for which a deviation is requested. As discussed above, the requested CDA still meets the general intent of the standard, which is to reduce the visibility of the overhead bay doors. Furthermore, granting the requested CDA will better meet the purpose of the standard being appealed. The Petitioner has provided better and more architectural enhancements than the minimum required parapet return. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1) Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; (2) Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real 4 Page 425 of 710 property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health, and species of trees sought to be protected; The criteria in d(1) and d(2) is inapplicable to this CDA. The parapets do not impact existing trees or flora e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; This criterion is inapplicable to this CDA. The parapets do not have any environmental impacts. f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; The requested CDA will not have an adverse impact on property values of abutting or adjacent land. In fact, a more aesthetically pleasing building design protects the property values of the adjacent residential community. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; This criterion is inapplicable to this CDA. There will be no operations on site that will emit smoke or odors and the proposed building height (25'4"), including parapets, is far less than the maximum requirement (45'). h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion; and The requested CDA is necessary to further the objectives of the City to assist with economic development and business promotion. Policy 1.17.3 requires the City to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As already mentioned, the requested CDA provides a better building design while still meeting the general intent of the LDR and removes an unnecessary hurdle hindering a much needed redevelopment of Property with a commercial use that will create jobs, contribute to the City's tax base, and provide an internationally recognized brand name. 5 Page 426 of 710 L Whether the proposed request meets the purpose and intent of these regulations but conflicts with anothersite development standard or requirement, including sustainable development and green initiatives. The Petitioner has demonstrated throughout this justification that the requested CDA meets the relief criteria. The requested CDA does not conflict with another site development standard or requirement. rel Page 427 of 710 Gary Dungy Beanie Misket Scott Backman Hope Calhoun Dwayne Dickerson Ete Zachariades Ii 3452 W. Boynton Beach Boulevard Southeast Corner of W. Boynton Beach Boulevard and Knuth Road MMERMFUMM Aldi, Inc. ("Petitioner") is the contract purchaser of the +/- 2.04 acre parcel, whose Parcel Control Number is 08-43-45-30-01-008-0031 and generally located on the southeast corner of West Boynton Beach Boulevard and Knuth Road ("Property") within the City of Boynton Beach, Palm Beach County, Florida ("City"). The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently, the Property is developed with a rundown, one-story office building over thirty (30) years old and is in need of redevelopment. The Petitioner proposes to redevelop the Property with a +/- 18,848 square foot ALDI specialty grocery store ("Project"). In order to develop the Project, Petitioner requested a future land use map ("FLUM") amendment, rezoning, site plan approval, and a variance for the rear (south) setback. Here, Petitioner also respectfully requests Community Design Appeals for the following (each will be addressed in separate justification narratives): No. Code Section Sub'ect 1 Part III, Chapter 4, Article III, Section 3.G Overhead Bay Doors 2 Part III, Chapter 4, Article III, Section 7.D.2 Parapet Return 3 Part III, Chapter 4, Article III, Section 7.G.2 Covered Walkways 4 Part III, Chapter 4, Article III, Section 7..1 Off -Street Parkin R' *_- .•- In order to bring City residents Aldi's specialty products with savings afforded to communities all over the world, Petitioner respectfully requests a Community Design Appeal ("CDA"). The purpose of a CDA is to provide a relief process that allows for deviations from any community design standard of Chapter 4 of the City's Land Development Regulations ("LDR"). Pursuant to LDR Part III, Chapter 4, Article III, Section 7.G.2, covered walkways are required along building facades that contain public entrances or along facades that are oriented towards public or private streets. Public entrances on one (1) facade require covered walkways along 70% of the front facade and 30% of the side corner facade. Covered walkways shall have a minimum external dimension of ten feet (10') in width. The minimum internal dimension shall be seven feet (7') in width, absent any obstruction by columns, furniture, and/or other appurtenances. Petitioner is proposing the following to meet the general intent of this LDR, but will require a CDA: • Two (2) seven foot (7') walkways, absent any obstructions, on portions of the north facade and the west facade, both of which are oriented toward public streets (see illustration below and area highlighted in yellow); 14 S.C. 4th Street, Suite 36, Boca Raton, FL 33432 Tei: (5611405-3300 Fax: (561) 409-2341 www.dmbblaw.com Page 428 of 710 ® Adjacent to the wal wa% three (3) curbed landscped areas with access from the nosh parking lot andt e west parking lot( eeillustration below and area boxed in green); and ® /ad roof trellises f forthree (3) areas in between the stamped concrete crosswalk (see illustrcion below and area circled in orange). ■ Page 429 0 710 Pursuant to LDR Part III, Chapter 2, Article II, Section 4.B.3, the Petitioner will demonstrate that the requested CDA meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and/or design is achieved. The intent of requiring covered walkways along building facades is to provide pedestrians weather related relief, an aesthetically pleasing building amenity, and an efficient use of the building facade. Here, Petitioner's proposed alternatives better meet the intent of the LDR. First, covered walkways along the building facade provide immediate relief only to patrons exiting the store and whose coverage is limited to the building facade. No relief is provided to patrons attempting to enter the store from the parking lot under the current LDR. The three (3) proposed covered trellises provide weather related relief to patrons entering and exiting the store and relief is provided throughout the parking lot. Second, the trellises and the landscaped curbed areas adjacent to the seven (7) foot walkways create more aesthetically pleasing site amenities throughout the site. Third, the proposed use creates a special and unique circumstance that utilizes the building facade more efficiently. As a specialty grocery store, the Petitioner must offer shopping carts to its patrons. The Petitioner locates its shopping carts along the building facades and behind a wall. They also utilize a quarter system, whereby shopping carts are interlocked and cannot be acquired unless a quarter is inserted to release itself from the locking system. The location of the shopping carts coupled with the quarter system has been successful in keeping shopping carts out of vehicular use areas, which is a priority safety concern. To require covered walkways along the building facades for this particular user encourages pedestrians to crowd, block access to the shopping carts, block access to the entrance, which ultimately results in an inefficient site design. Therefore, the Petitioner better meets the intent of the LDR while achieving the most efficient and safe site design. Below, the Petitioner will also justify that the requested CDA sufficiently addresses the required review criteria in accordance with LDR Part III, Chapter 2, Article II, Section 4.B: a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan; Granting the requested CDA is consistent with the Comprehensive Plan ("Plan"). As discussed above, the requested CDA gives the Petitioner the flexibility to achieve an efficient and safe site design suitable for the proposed use while still meeting the general intent of the LDR. Moreover, granting the requested CDAs allows the Petitioner to propose a Project for a Property greatly in need of redevelopment. As such, the CDA is consistent with the goals, policies and objectives outlined in the City's Plan as follows: Policy 1.3.1.b - By granting the CDA, the Petitioner can most effectively provide commercial retail services which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities. Policy 1.4.1 - The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. The Project proposes a commercial use that is more consistent with the future land use designations and zoning districts of neighboring communities and adequate public facilities 3 Page 430 of 710 are available for the proposed use. Thus, the Project minimizes land use conflicts and maintain the character of the community (Goal 1). Policy 1.4.2 - The City shall continue to modify land development regulations as needed to make them more effective or less burdensome in achieving goals and objectives of this Plan, and to seek innovative regulatory solutions to promote economic development and sustainability initiatives. The purpose of the CDA is to provide a relief process that allows for deviations from any community design standard of LDR Chapter 4. This process stimulates economic development by providing relief from site design layouts that meet the general intent of the LDRs, but not the literal application of the LDRs which can be more burdensome in achieving the goals and objectives of this Plan. Here, the requested CDA for the hard roof trellises in lieu of covered walkways along the building facades meets the general intent of the Code without diminishing the practical application of the design standard and results in the most favorable development design. Policy 1.7.3 - The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. The Petitioner is proposing a Project on a Property greatly in need of redevelopment. The site plan encourages the use of public transit by coordinating a bus shelter with Palm Tran on the Property. It also encourages bicycle travel by providing bicycle racks and other pedestrian amenities such as seating and covered trellises. The requested CDA maximizes the safety of pedestrians by using a cart management system that reduces the impact of shopping carts in vehicular areas and provides pedestrians weather related relief to and from the parking lot. Policy 1.7.4 - The City is required to evaluate the continuing need for redevelopment plans in specific areas of the City that are not within the City's designated Community Redevelopment Area ("CRA"). This Property has been developed with the same, rundown office building over thirty (30) years and is greatly in need of redevelopment. Thus, the CDA facilitates the much needed redevelopment of the Property, which is not located within a CRA. Policy 1.17.3 - By the end of 2014, the City shall review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As noted above, the requested CDA removes an unnecessary hurdle hindering redevelopment of this site with a commercial use thatwill create jobs, contribute to the City's tax base, and provide an internationally recognized brand name. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; 4 Page 431 of 710 The requested CDA will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area. The pedestrian pathways and bike racks throughout the site enhance the livability of the City and encourage alternative modes of transportation. The hard roof trellises provide a practical site amenity that creates a nice visual appearance. Additionally, the curbed landscaped areas around the north and west building facade create an aesthetically pleasing green area. c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; The requested CDA is consistent with the purpose of the standard for which a deviation is requested. As discussed above, the requested CDA still meets the general intent of the standard, which is to provide weather related relief for patrons. Furthermore, granting the requested CDA will better meet the purpose of the standard being appealed. Covered walkways along the building facade only provide relief to patrons exiting the store. However, hard roof trellises throughout the northern parking lot provides weather related relief to patrons entering or exiting the store. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1) Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; (2) Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health, and species of trees sought to be protected; The criteria in d(1) and d(2) is inapplicable to this CDA. The covered walkways along the building facade do not impact any trees or flora. In fact, additional curbed landscaped areas have been provided to meet the general intent of the LDR. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; This criterion is inapplicable to this CDA. Hard roof trellises in lieu of covered walkways along the building facade do not have any environmental impacts. 5 Page 432 of 710 f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; The requested CDA will not have an adverse impact on property values of abutting or adjacent land. In fact, the brand name, product offerings, aesthetic enhancements of the trellises, landscaped areas, and pedestrian friendly amenities increase property values. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; This criterion is inapplicable to this CDA. Hard roof trellises in lieu of covered walkways along the building facade do not have any impacts on the quality and quantity of light and air available to adjacent properties. There will be no operations on site that will emit smoke or odors and the proposed building height (25'4") is far less than the maximum requirement (45'). h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion; and The requested CDA is necessary to further the objectives of the City to assist with economic development and business promotion. Policy 1.17.3 requires the City to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As already mentioned, the requested CDA achieves the better and safer site design while still meeting the general intent of the LDR and removes an unnecessary hurdle hindering a much needed redevelopment of Property with a commercial use that will create jobs, contribute to the City's tax base, and provide an internationally recognized brand name. L Whether the proposed request meets the purpose and intent of these regulations but conflicts with anothersite development standard or requirement, including sustainable development and green initiatives. The Petitioner has demonstrated throughout this justification that the requested CDA meets the relief criteria. The requested CDA does not conflict with another site development standard or requirement. rel Page 433 of 710 Gary Dungy Beanie Misket Scott Backman Hope Calhoun Dwayne Dickerson Ete Zachariades Ii 3452 W. Boynton Beach Boulevard Southeast Corner of W. Boynton Beach Boulevard and Knuth Road MMERMFUMM Aldi, Inc. ("Petitioner") is the contract purchaser of the +/- 2.04 acre parcel, whose Parcel Control Number is 08-43-45-30-01-008-0031 and generally located on the southeast corner of West Boynton Beach Boulevard and Knuth Road ("Property") within the City of Boynton Beach, Palm Beach County, Florida ("City"). The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently, the Property is developed with a rundown, one-story office building over thirty (30) years old and is in need of redevelopment. The Petitioner proposes to redevelop the Property with a +/- 18,848 square foot ALDI specialty grocery store ("Project"). In order to develop the Project, Petitioner requested a future land use map ("FLUM") amendment, rezoning, site plan approval, and a variance for the rear (south) setback. Here, Petitioner also respectfully requests Community Design Appeals for the following (each will be addressed in separate justification narratives): No. Code Section Sub'ect 1 Part III, Chapter 4, Article III, Section 3.G Overhead Bay Doors 2 Part III, Chapter 4, Article III, Section 7.D.2 Parapet Return 3 Part III, Chapter 4, Article III, Section 7.G.2 Covered Walkways 4 Part III, Chapter 4, Article III, Section 7..1 Off -Street Parkin In order to bring City residents Aldi's specialty products with savings afforded to communities all over the world, Petitioner respectfully requests a Community Design Appeal ("CDA"). The purpose of a CDA is to provide a relief process that allows for deviations from any community design standard of Chapter 4 of the City's Land Development Regulations ("LDR"). Pursuantto LDR Part III, Chapter 4, Article III, Section 7.J.1, no more than sixty percent (60%) of the off-street parking may be located between the building facade and a public street. Petitioner is proposing the following to meet the general intent of this LDR, but will require a CDA in order to achieve the most efficient and safe site design: • A designated, stamped concrete pedestrian crosswalk that bisects the parking lot; • Hard roof trellises for three (3) areas in between the stamped concrete crosswalk that bisects the parking lot (see illustration below and area circled in orange); and Curbed landscaped areas throughout the site (see illustration below and area boxed in green). 14 S.C. 4th Street, Suite 36, Boca Raton, FL 33432 Tei: (5611405-3300 Fax: (561) 409-2341 www.dmbblaw.com Page 434 of 710 Pursuant to LDR Part III, Chapter 2, Article II, Section 4.B.3, the Petitioner will demonstrate that the requested CDA meets the intent of the affected standard, does not diminish its practical 0 Page 435 of 710 application, and that an acceptable development product and/or design is achieved. The intent of this percentage limitation for off-street parking is to reduce the appearance of a large parking field in front of the building. However, in order to achieve the most efficient and safe site design, the Petitioner must provide a site layout that is compatible with the existing dimensions for this Property, that does not compromise the natural surveillance of patrons in the parking lot, that provides for efficient traffic flow, and that protects the adjacent residential community to the east. The Property is uniquely long and narrow. It is approximately 235 feet wide and 375 feet long. Its length is a third greater than its width. As a result, the proposed building location achieves the best site design because it provides the most efficient traffic flow, best screens the loading area, provides the least amount of impact to the adjacent residential community to the east, and allows for the natural surveillance of the parking lot from the public rights-of-way. To meet the intent of the LDR for this necessary site design, the Petitioner has provided site amenities to reduce the overall area of the paved surface in between the building facade and the public right-of-way. Petitioner proposes a seven (7) foot, stamped concrete pedestrian crosswalk that bisects the parking lot. In between the crosswalk, hard covered trellises provide an aesthetically pleasing site amenity as well as weather related relief to patrons entering and exiting the store. Furthermore, curbed landscaped areas throughout the site create aesthetically pleasing green areas that visually reduce the overall area of the paved surface. In totality, the Petitioner's proposed site layout with site amenities meets the intent of the LDR without diminishing its practical application by reducing the appearance of a large parking field while still achieving the best and safest site design. Below, the Petitioner will also justify that the requested CDA sufficiently addresses the required review criteria in accordance with LDR Part III, Chapter 2, Article II, Section 4.13: a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan; Granting the requested CDA is consistent with the Comprehensive Plan ("Plan"). As discussed above, the requested CDA gives the Petitioner the flexibility to achieve an efficient and safe site design suitable for the proposed use while still meeting the general intent of the LDR. Moreover, granting the requested CDAs allows the Petitioner to propose a Project for a Property greatly in need of redevelopment. As such, the CDA is consistent with the goals, policies and objectives outlined in the City's Plan as follows: Policy 1.3.1.b - By granting the CDA, the Petitioner can most effectively provide commercial retail services which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities. Policy 1.4.1 - The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. The Project proposes a commercial use that is more consistent with the future land use designations and zoning districts of neighboring communities and adequate public facilities are available for the proposed use. Thus, the Project minimizes land use conflicts and maintain the character of the community (Goal 1). 3 Page 436 of 710 Policy 1.4.2 - The City shall continue to modify land development regulations as needed to make them more effective or less burdensome in achieving goals and objectives of this Plan, and to seek innovative regulatory solutions to promote economic development and sustainability initiatives. The purpose of the CDA is to provide a relief process that allows for deviations from any community design standard of LDR Chapter 4. This process stimulates economic development by providing relief from site design layouts that meet the general intent of the LDRs, but not the literal application of the LDRs which can be more burdensome in achieving the goals and objectives of this Plan. Here, the requested CDA for the reducing the overall paved surface with site amenities meets the general intent of the Code without diminishing the practical application of the design standard and results in the most efficient and safe site design. Policy 1.7.3 - The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. The Petitioner is proposing a Project on a Property greatly in need of redevelopment. The site plan encourages the use of public transit by coordinating a bus shelter with Palm Tran on the Property. It also encourages bicycle travel by providing bicycle racks and other pedestrian amenities such as seating and covered trellises. The requested CDA maximizes the safety of pedestrians maximizing the natural surveillance of the parking lots from the public right-of-way. Policy 1.7.4 - The City is required to evaluate the continuing need for redevelopment plans in specific areas of the City that are not within the City's designated Community Redevelopment Area ("CRA"). This Property has been developed with the same, rundown office building over thirty (30) years and is greatly in need of redevelopment. Thus, the CDA facilitates the much needed redevelopment of the Property, which is not located within a CRA. Policy 1.17.3 - By the end of 2014, the City shall review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As noted above, the requested CDA removes an unnecessary hurdle hindering redevelopment of this site with a commercial use thatwill create jobs, contribute to the City's tax base, and provide an internationally recognized brand name. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; The requested CDA will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area. The pedestrian crosswalk and hard roof trellises provide a practical site amenity that visually reduces the overall paved area. Additionally, the curbed landscaped areas around the north and west building facade create an aesthetically pleasing green area. 4 Page 437 of 710 c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; The requested CDA is consistent with the purpose of the standard for which a deviation is requested. As discussed above, the requested CDA still meets the general intent of the standard, which is to reduce the appearance of a large parking field in front of the building. Granting the requested CDA will better meet the purpose of the standard being appealed because an efficient and safe site design layout is achieved while still reducing the overall appearance of the paved surface. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1) Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; (2) Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health, and species of trees sought to be protected; The criteria in d(1) and d(2) is inapplicable to this CDA. The parking area is not intended to save or preserve trees or flora. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; The requested CDA will not create any additional adverse environmental impacts. Regardless of the location of the parking, the required number of parking spaces remain the same for this use and any conditions imposed to minimum environmental impacts will remain the same. f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; 5 Page 438 of 710 The requested CDA will not have an adverse impact on property values of abutting or adjacent land. The site design achieves the most efficient layout. Moreover, the brand name, product offerings, aesthetic enhancements of the trellises, landscaped areas, and pedestrian friendly amenities increase property values. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; This criterion is inapplicable to this CDA. The location of parking does not have any impacts on the quality and quantity of light and air available to adjacent properties. There will be no operations on site that will emit smoke or odors and the proposed building height (25'4") is far less than the maximum requirement (45'). h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion; and The requested CDA is necessary to further the objectives of the City to assist with economic development and business promotion. Policy 1.17.3 requires the City to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As already mentioned, the requested CDA achieves the better and safer site design while still meeting the general intent of the LDR and removes an unnecessary hurdle hindering a much needed redevelopment of Property with a commercial use that will create jobs, contribute to the City's tax base, and provide an internationally recognized brand name. L Whether the proposed request meets the purpose and intent of these regulations but conflicts with anothersite development standard or requirement, including sustainable development and green initiatives. The Petitioner has demonstrated throughout this justification that the requested CDA meets the relief criteria. The requested CDA does not conflict with another site development standard or requirement. rel Page 439 of 710 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Aldi Grocery File number: CDPA 17-006 through CDPA 17-009 Reference: 4th review plans identified as a New Site Plan with a October 10, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Land Use & Rezoning, Major Site Plan Modification and Variance. X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. Page 440 of 710 Aldi Grocery (CDPA 17-006 through CDPA 17-009) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE I REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\CDPA 17-006 through CDPA 17-009\COA post P&D.doc Page 441 of 710 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Aldi Grocery (CDPA 17-006 through 17-009) APPLICANT: Bonnie Miskel, Esq. of Dunay, Miskel & Backman, LLP APPLICANT'S ADDRESS: 14 SE 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2017 APPROVAL SOUGHT: Requests for Community Design Appeal of 1) Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article III, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter 4, Article III, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article III, Section 7.J.1. "Off-street parking locational criteria". LOCATION OF PROPERTY: 3452 W. Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\CDPA 17-006 through 17-009\DO.doc Page 442 of 710 I PUBLIC HEARING 12/5/2017 REQUESTED ACTION BY COMMISSION: Approve Aldi Grocery Major Site Plan Modification request (MSPM 17-005) to construct a one-story, 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. EXPLANATION OF REQUEST: Bonnie Miskel of Dunay, Miskel & Backman LLP, representing property owner MG3 3452 West Boynton LLC and applicant/contract purchaser Aldi, Inc., is requesting concurrent Land Use & Rezoning, Major Site Plan Modification, Community Design Appeals and Zoning Code Variance approval to construct a 17,880 square foot grocery store and related site improvements at the SE corner of Boynton Beach Boulevard and Knuth Road. Previously, on November 15, 2016, the City Commission approved a request for Conditional Use / Major Site Plan Modification to convert the vacant 13,640 square foot office building to a day care operation for up to 200 children. As part of the Major Site Plan Modification review process, the one story building is being processed under the City's Big Box regulations, for commercial buildings in excess of 15,000 square feet. The building is designed with varying parapet heights, with the tallest at 26 feet, and provides the requisite two (2) site amenities. The applicant has chosen a covered trellis amenity and a backlit tower feature at the building entry. The applicant has also provided the required 12 foot landscape buffer with wall abutting the residential community to the east. A new driveway is proposed to be located on Boynton Beach boulevard, with a second driveway along Knuth Road. Staff has reviewed this request for major site plan modification approval and recommends approval contingent upon approval of the companion land use and rezoning, variance, and community design appeal applications, and upon satisfying all comments indicated in Exhibit "C" — Conditions of Approval. The Planning & Development Board reviewed this request at their October 24, 2017 meeting and recommends approval, with the following added conditions of approval: • Elimination of the requirement for the applicant to provide a bus shelter designed to match the materials and colors of the building and only require the applicant to provide PalmTran an easement for a future shelter. • Revise the site plan to add handicap parking spaces without lowering the total parking count below the minimum number of required parking spaces for the development. • Re-examination of the proposed site photometrics to determine if all proposed site lighting could be altered to warm white lighting, while maintaining code compliant lighting levels. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Collection of fees associated with building permits, business tax, and property tax ALTERNATIVES: None recommended. STRATEGIC PLAN: Page 443 of 710 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Site Plan D Drawings Site Details D Drawings Survey D Drawings Demolition Plan D Drawings Floor Plans D Drawings Elevations D Drawings Color Elevations D Drawings PGD Plans D Drawings Utility Plans D Drawings Tree Disposition Plans D Drawings Landscape Plans D Drawings Sign Plan D Drawings Photometric Plan D Conditions of Approval Conditions of Approval D Development Order Development Order Page 444 of 710 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-051 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: DATE: PROJECT NAME/NO: REQUEST: Ed Breese Principal Planner October 3, 2017 Aldi Grocery / MSPM 17-005 Major Site Plan Modification PROJECT DESCRIPTION Property Owner: MG3 3452 West Boynton LLC Agent: Bonnie Miskel, Esq. of Dunay, Miskel & Backman, LLP Location: 3452 W. Boynton Beach Boulevard (see Exhibit "A") Existing Land Use: OC (Office Commercial) Existing Zoning: C-1 (Office Professional) Proposed Land Use: LRC (Local Retail Commercial) Proposed Zoning: C-3 (Community Commercial) Proposed Use: Request major site plan modification approval to construct a one-story, 17,880 square foot grocery store building and related site improvements. Acreage: 2.04 -acres / 88,724 square feet Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north developed commercial properties zoned C-3 (Community Commercial); South: Office building zoned C-1 (Office Professional); East: Stonehaven residential development zoned PUD (Planned Unit Development); and West: Right-of-way for Knuth Road, and farther west BP Gas Station and undeveloped land zoned PCD (Planned Commercial Development). Page 445 of 710 Staff Report — Aldi Grocery (MSPM 17-005) Memorandum No PZ 17-051 Page 2 Site Details: The subject site is located at the southeast corner of Boynton Beach Boulevard and Knuth Road (see Exhibit "A" — Location Map). On November 15, 2016, the City Commission approved a request for Conditional Use / Major Site Plan Modification to convert the vacant 13,640 square foot office building to a day care operation for up to 200 children. The property owner was approached shortly after the day care approval by Aldi representatives interested in the property to locate one of their stores. As a result, new applications for Land Use Amendment & Rezoning, Major Site Plan Modification, Rear Setback Variance and Community Design Appeals for a grocery store were filed with the City. The building has been vacant for approximately three (3) years and the site and access points have been fenced off in order to prevent any property damage and unlawful behavior. BACKGROUND Proposal: Bonnie Miskel of Dunay, Miskel & Backman LLP, representing property owner MG3 3452 West Boynton LLC and applicant/contract purchaser Aldi, Inc., is requesting approval to construct a 17,880 square foot grocery store and related site improvements (see Exhibit "B" — Site Plan). ANALYSIS Concurrency: Traffic: A traffic study for the proposed project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The study anticipates an additional 41 AM peak hour vehicle trips and 115 additional PM peak hour trips. A traffic concurrency approval letter has not been received as of the preparation of this report. No building permits will be issued until such time as the concurrency approval letter is received (see Exhibit "C" — Conditions of Approval). School: School concurrency is not required for this type of project. Utilities: The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project, subject to the applicant making a firm reservation of capacity, following site plan approval. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Vehicular Access: The site plan (Sheet C-05) shows that two (2) primary points of ingress/egress are proposed for the new building. The first, a right-in/right-out driveway opening from Page 446 of 710 Staff Report — Aldi Grocery (MSPM 17-005) Memorandum No PZ 17-051 Page 3 Boynton Beach Boulevard, would occur near the northeast corner of the parcel. A second point of ingress/egress would be a full driveway opening along Knuth Road, near the southwest corner of the site. The requirements for a dumpster and truck loading zone have been reviewed and approved by the Engineering Division with the submittal of truck turning radius diagrams by the applicant. These components have been located at or near the rear of the building, screened from the residential property to the east and remote from the store entry. Circulation: Vehicular circulation from each driveway would include two-way circulation that continues throughout the parking lot. Pedestrian connectivity would be provided on site via a stamped concrete walkway, leading from the sidewalk along Congress Avenue to the store entry. This walkway will be covered along the way, except where the walk crosses drive aisles. There is also a proposed stamped concrete walkway leading from Knuth Road to the building entry. A new eight (8) foot wide concrete sidewalk is proposed along the west side of the project in the Knuth Road right-of-way for the full length of the property. Parking: The site plan (Sheet C-05) proposes a 17,880 square foot enclosed grocery store building (18,848 total square feet), which would require 90 parking spaces, based upon the standard of one (1) parking space per 200 square feet of building. The site plan depicts the provision of 93 parking spaces, including four (4) designated for handicap use. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. The 17,880 square foot building is reviewed under the Big Box regulations, which were designed to guide the development of new commercial buildings in excess of 15,000 square feet. One of those design regulations involves off-street parking design (Chapter 4, Article III, Section 7.J.1), which restricts the percentage of parking spaces that may be located between the building facade and a public street. The parking lot design exceeds the 60% limitation and the applicant has applied for a Community Design Appeal, with appropriate justifications and site enhancements designed to reduce the appearance of a large parking field. These enhancements include the provision of a covered walkway from Boynton Beach Boulevard, parking lot landscape islands, large landscape planter areas near the building entry, and use of stamped concrete to break up the asphalt parking lot. Approval of the Major Site Plan Modification is contingent upon approval of this and the other Community Design Appeals (see Exhibit "C" — Conditions of Approval). Landscaping: The landscape plan (Sheet L-2) indicates compliance with the required minimum buffers around the perimeter of the site. Perimeter landscape buffers are proposed as follows: a ten (10) -foot wide buffer adjacent to Boynton Beach Boulevard and Knuth Road, a twelve (12) -foot wide buffer along the east property line, and a five (5) -foot wide buffer against the existing office building to the south. Along the east property line, adjacent to the Stonehaven residential development, the landscape plan indicates a 12 -foot wide buffer that includes a six (6) -foot high decorative buffer wall. The wall will be planted on both sides with cocoplum shrubs, and the landscape buffer would consist of existing Live Oak trees and relocated Live Oak trees, new Orange Geiger, Wild Tamarind, Dahoon Holly, Green Buttonwood and Sabal palm trees. The 12 -foot wide buffer would expand to 30 -feet for the south half of the site. The overall landscape scheme will consist of Live Oak, Green and Page 447 of 710 Staff Report — Aldi Grocery (MSPM 17-005) Memorandum No PZ 17-051 Page 4 Silver Buttonwood, Orange Geiger trees, and Royal and Sabal palm trees. Typical shrubs would include Cocoplum, Small -leaf Clusia, Wax Myrtle, Yaupon Holly, Silver Buttonwood and Spanish Stopper. Additionally, the applicant will retain the existing Live Oak trees in the Boynton Beach Boulevard right-of-way, other than the removal of one (1) for the installation of a new entrance/exit drive, and will properly prune the trees to eliminate their current wild/overgrown appearance. With the mitigation/relocation of trees on site, there will be a total of 113 canopy trees and 53 palm trees, with the Sabal palms placed predominantly in landscape islands and buffers too narrow for canopy trees, in large buffer areas between canopy trees, or against the building where canopy trees cannot be placed. Nearly all plant material is native, with the exception of two (2) Veitchia palms and 103 dwarf pink Ixora shrubs. The pervious area would total 24.2% of the entire site and consists of landscaped islands, foundation plantings and buffer areas. Building and Site: The proposed building is designed as a one (1) -story structure with parapet walls at three (3) varying heights to provide architectural character. The proposed building would be setback approximately 183 feet from the north property line and 30 feet along the east side (abutting Stonehaven PUD), in compliance with code requirements. The setback from the west property line abutting Knuth Road is approximately 77 feet, and between approximately 14 and 31 feet from the south property line, abutting the parking lot of the office building at 200 Knuth Road. The code requires buildings within the C-3 (Community Commercial) zoning district to be set back a minimum of 20 feet. Accordingly, the applicant has submitted a zoning variance request and justifications to reduce the required setback by six (6) - feet for approximately 25% of the rear of the building, in order to accommodate the loading dock operation. Approval of the Major Site Plan Modification is contingent upon approval of this variance request (see Exhibit "C" — Conditions of Approval). Building Height: The building elevations (Sheet A-201 and Color Elevation) indicate the highest point of the structure would be the top parapet of the tower element at the building entrance, with a height of approximately 26 feet. The next tallest parapet height would be at approximately 22 feet, with the typical parapet wall height at approximately 17 feet, well below the maximum of 45 feet allowed in the C-3 zoning district. Design: The proposed building utilizes many similar design features as other retail buildings, including earthtone colors. According to the "Exterior Finish Schedule" shown on Sheet A-201, the main body paint color of the building would be a medium khaki tan "Prairie Clay". The base and columns consist of split -face block material, with a muted brick red color "Aldi Autumn", and the accent color of the cornice and trim would be white "China White". The architect also proposes the use of horizontal cedar wood planks on the upper portion of the wall immediately on either side of the entry tower feature. The building elevations depict gray aluminum canopies along the entire north facade and over the windows along the west facade. The elevations show that the parapet roof would vary in height, intended to give architectural character to the building. The building entry tower would be backlit storefront glass and contain the building signage. As noted previously, the building is being reviewed under the Big Box regulations, and as part of those regulations the site development plan shall include a minimum of two (2) site amenities. The applicant has chosen to provide the lighted tower feature and the covered trellis walkway within the parking lot discussed earlier to fulfill this Page 448 of 710 Staff Report — Aldi Grocery (MSPM 17-005) Memorandum No PZ 17-051 Page 5 requirement. The applicant has filed three (3) additional Community Design Plan Appeals to the Community Design Standards and Big Box regulations (see corresponding report and analyses for CDPA 17-006 through 17-008). The first is relative to the location of the overhead bay door for the loading dock. The community design standards prohibit overhead bay doors on facades facing selected highly visible roadways. Knuth Road is one of those select roadways and the door is on the facade facing Knuth Road. The applicant notes that the site size and configuration limits the possible location of the loading area, as other code regulations limit these types of operations to the back of the building. The applicant has provided additional mitigation as part of their justification, including the fact that the loading dock is recessed from the westernmost building facade by nearly 90 feet, placing it approximately 175 feet from Knuth Road, the door is painted to match the building and that enhanced landscaping is being provided to better screen the loading dock area. The second appeal is relative to the requirement that parapet returns be equal to the height of raised building facade elements above the typical parapet height, in an effort to provide more dimension to the facade, not simply straight walls. The applicant has provided a parapet return of approximately one-half of that required, and justifies the deviation through 1) the use of parapets at varying heights; 2) the articulation occurring at the corners, which already provide greater dimension in two different planes; and 3) by providing a three (3) dimensional cornice at the top of the parapets on any side visible from off site. Lastly, an appeal was submitted to the requirement for covered walkways along 70% of the front facade and 30% along the side corner facade, with seven (7) foot clear pedestrian passage. The applicant indicates that the shopping cart corrals are located immediately on either side of the front entry, and that the seven (7) foot clear pedestrian passage is being provided, it just will not be covered, as the projection would need to extend off the building more than 14 feet because of the cart storage. They propose mitigation through 1) the provision of the required seven (7) foot wide pedestrian pathway (uncovered); 2) the addition of the covered trellis walkway from the Boynton Beach Boulevard sidewalk (which they indicate will serve a greater portion of the parking lot, rather than simply those parked against the building; and 3) the placement of more aesthetically pleasing planting areas at the front of the building as opposed to an awning. Greater detail of each of the Community Design Appeals can be viewed as part of the Community Design Appeals staff report. Approval of the Major Site Plan Modification is contingent upon approval of the Community Design Appeals (see Exhibit "C" — Conditions of Approval). Public Art: The applicant has indicated they intend to pay the fee associated with Art in Public Places in lieu of providing the art element on site. The estimated value of the art payment is anticipated to be $22,000. Site Lighting: The photometric plan (Sheet C-12) proposes 17 freestanding lights in the parking lot. The freestanding lights would be placed on top of a 12 foot tall silver metal pole, mounted atop a 3 foot high concrete base, for a total height of 15 feet. The LED light fixtures would also be silver in color, with a flat lens and cut-off feature to inhibit any light spillage/trespass. Additional exterior lighting would be provided through the installation of building mounted and under canopy fixtures, placed at a height of approximately 7 feet. The Photometric Plan is in compliance with the Page 449 of 710 Staff Report — Aldi Grocery (MSPM 17-005) Memorandum No PZ 17-051 Page 6 City's lighting ordinance, and designed to prevent glare or spillage onto abutting properties. Signage: The applicant is proposing two (2) wall signs, one (1) on the north side and one (1) on the west side of the backlit entry tower feature. Each cabinet sign is approximately 48 square feet in size and follows the design of their corporate branding, with a large letter "A" with the word "ALDI" below it. The applicant is also proposing an 8 foot by 5 foot monument sign (with 30 square foot of copy area) at the northwest corner of the site, with material and colors matching the design of the building and wall signage. RECOMMENDATION The Development Application Review Team (DART) has reviewed this request for major site plan modification approval and recommends approval contingent upon approval of the companion land use and rezoning, variance, and community design appeal applications, and upon satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or approved by the City Commission shall be documented accordingly in the Conditions of Approval. 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MWOMMMMEMIN, KIM tsr — -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — V — — II x ME Ul ltd 0000. w LU 0 LL co .0 U) co tsr — -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — V — — ME 0 LL co .0 U) co LLN ---------- I t: ice- - - - -- - - - - — — — — — — ----------------- EXHIBIT "C" Conditions of Approval Project Name: Aldi Grocery File number: MSPM 17-005 Reference: 411 review plans identified as a Maior Site Plan Modification with an October 10, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Please provide a copy of the notice of concurrency to the Traffic Performance Standards of Palm Beach County. (NOTE: If notice of concurrency is a condition of DART approval applicant will be X required to comply with any recommendations outlined in concurrency approval deemed necessary by the City and will be at the City's sole discretion). 2. Please work with PalmTran on the location of an upgraded bus shelter on property, in the vicinity of the existing bus stop location on X Boynton Beach Boulevard. Bus shelter shall be designed to match the architectural style, materials and color of the proposed building. 3. At time of permit submittal, cross sections will be required along each property line so that the applicant can clearly show how the proposed development will tie into existing features. The applicant will need 50-75 feet of additional topographic information collected X around the perimeter of the property to properly depict the required cross sections. 4. At time of permit, submittal please show the open cuts on Knuth X Road and Banyan Creek Circle N. to allow for the installation of the utilities. 5. The soils report calls for various asphalt pavement sections. At time X of permit submittal, please provide the heavy-duty detail and note which section covers which area. 6. At time of permit submittal, please depict a drain within the dumpster X enclosure. FIRE Comments: None, all previous comments addressed at DART meeting. POLICE Page 465 of 710 Aldi Grocery (MSPM 17-005) Conditions of Approval Paae 2 of 4 DEPARTMENTS INCLUDE REJECT Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 7. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City X Clerk. 8. Please place the electric drop adjacent to the existing monument sign underground. X 9. Per Chapter 4, Article III, Section 3.G., overhead bay doors shall not be located on building facades visible from public r -o -w such as Knuth Road. A Community Design Appeal is required since the X overhead door faces Knuth Road. Approval of the Major Site Plan Modification is subject to approval of the Community Design Appeal. 10. Per Chapter 4, Article III, Section 7.D.2., a parapet return is required with a length equal to or exceeding the parapet articulation. A Community Design Appeal is required if parapet return is not X increased in width. Approval of the Major Site Plan Modification is subject to approval of the Community Design Appeal. 11. Per Chapter 4, Article III, Section 7.G.2., covered walkways along the face of the building, shall be a minimum of 10 feet in width with an unobstructed 7 feet of clear path, and are required along 70% of the front facade and 30% of the side corner facade. A Community X Design Appeal is required if the 10 foot width of the covered walk and length along each facade is not met. Approval of the Major Site Plan Modification is subject to approval of the Community Design Appeal. Page 466 of 710 Aldi Grocery (MSPM 17-005) Conditions of Approval Paae 3 of 4 DEPARTMENTS I INCLUDE REJECT 12. Per Chapter 4, Article III, Section 7.J.1., no more than 60% of the off- street parking may be located between the building facade and a public street. Approval of the Major Site Plan Modification is subject X to approval of the Community Design Appeal. 13. Approval of the Major Site Plan Modification is subject to approval of the Rear Setback Variance. X 14. Please provide architectural details of the covered trellis and decorative bus shelter. If not received prior to Board hearing, the X review and approval will be staff's determination. 15. At time of permitting, please provide a sample of the proposed spandrel glass for staff review and determination that the glass X closely resembles the vision glass. 16. Staff recommends the applicant work with the abutting HOA to discuss the possibility of the removal and replacement of their wooden fence with your required buffer wall and landscaping, rather X than placing them back-to-back. 17. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD X of the presentation at least one week prior to the scheduled meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 18. Replace comment #2 with a new comment: Provide PalmTran an easement for a future bus shelter location. X 19. Delete comment #14. X 20. Revise the site plan to add handicap parking spaces in the parking row against the building, without reducing the number of provided X space below the minimum number required by code. 21. Re-examine the proposed site photometrics to determine if all proposed site lighting could be altered to a warm white lighting X fixture and continue to maintain code compliant lighting levels. Page 467 of 710 Aldi Grocery (MSPM 17-005) Conditions of Approval Paae 4 of 4 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTSWIdi Grocery\MSPM 17-005\COA post P&D.doc Page 468 of 710 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Aldi Grocery (MSPM 17-005) APPLICANT: Bonnie Miskel, Esq. of Dunay, Miskel & Backman, LLP APPLICANT'S ADDRESS: 14 SE 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2017 APPROVAL SOUGHT: Major Site Plan Modification approval to construct a 17,880 square foot grocery store and related site improvements, located at 3452 W. Boynton Beach Boulevard. LOCATION OF PROPERTY: 3452 W. Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\MSPM 17-005\DO.doc Page 469 of 710 12.A. NEW BUSINESS 12/5/2017 REQUESTED ACTION BY COMMISSION: Discuss the possibility of allowing dogs at the beach during certain hours. EXPLANATION OF REQUEST. On November 9, 2017 the City Manager, City Attorney and Recreation & Parks Director met with the Town Manager and Town Attorney for Ocean Ridge regarding allowing dogs on the beach portion of the City's beach which is located within the jurisdictional boundaries of the Town. Section 62-28, Animals of Article 11, Beaches of the Town of Ocean Ridge's Code of Ordinances (attached) prohibits dogs on the beach. Although it could be argued that the City's park is no different than other private property on which property owners can allow dogs it seemed clear from discussions with Town representatives that the Town is firm on enforcing its regulations. In light of the vast number of other locations available to dog owners to walk or exercise their dogs, it is not recommended that the City pursue the beach location. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: None ALTERNATIVES: Allow dogs within the City beach front park and re-evaluate further if the town takes enforcement action. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 470 of 710 ATTACHMENTS: Type Description Town of Ocean Ridge Code of Ordinances Section regarding beaches and animals being •. Page 471 of 710 Ocean Ridge, FL Code of Ordinances Page 1 of 4 Sec. -. - Applicability. All persons using any beach within the town shall comply with and abide by the rules and regulations of this chapter. All persons using the private beaches located within the town shall comply with these regulations where applicable. MIMM&WEIM- (a) General6v The stopping, standing, parking or operation of any vehicle upon the ocean beaches, the banks and dunes adjacent thereto or beach access points within the limits of the town is a nuisance per se. (b) Prohihlted,• exemption. it shall be unlawful for any person to stop, stand, park or operate any vehicle upon the ocean beaches, the banks and dunes adjacent thereto or beach access points within the limits of the town; provided, however, nothing in this section shall prevent: (1) Official vehicles of a government agency from traversing the beaches, banks or dunes in the performance of official governmental duties; (2) Nongovernmental vehicles from traversing the beaches, banks or dunes for purposes of maintenance and/or preservation of same as authorized or required by a government agency, or (3) Vehicles utilized for the purpose of transporting a physically disabled person who would otherwise be incapable of accessing and traveling upon the beach without such assistance, from traversing the beaches and access points thereto. (c) Presumption regarding violqtlons. In any prosecution charging a violation of a provision of this section or other ordinance governing the stopping, standing, parking or operating of a vehicle, proof that the particular vehicle described in the complaint was parked or operated in violation of any such ordinance or regulation, together with proof that the defendant named in the complaint was at the time of such parking or about:blank Fl 277 of 710 Ocean Ridge, FL Code of Ordinances Page 2 of 4 operating the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who stopped, stood, parked or operated such vehicle at the point where and for the time during which such violation occurred. (d) Penalty A person found to be in violation of the terms of this section shall be subject to the provisions of section 1-13. (Code 1993, § 62-27; Ord. No. 609, § 5, 9-9-2014) Editor's note— Ord. No. 609, § 5, adopted Sept. 9, 2014, changed the title of § 62-27 from "Motor vehicles and vehicles" to read as set out herein. State Law reference— Motor vehicles on beaches, F.S. § 161.58. Sec. 62-28. - Animals. (a) Pub/icportions of beaches within the town. No person shall take any animal upon the public portions of any beach within the town. Animals are determined to be a per se nuisance when on the beach, even if such animal is leashed. This section does not apply to service animals as defined by the Americans with Disabilities Act. (b) Private beaches On the portions of any beach within the town that are private property, animals may only be on the beach with the consent of the owner or occupant of the private property. Animals on private property shall at all times remain within the boundaries of private property and under the control of the animal's owner or caretaker. The owner or occupant of the private property shall ensure the any offal, feces, or excretia of the animal is removed and disposed of in a sanitary manner. (Code 1993, § 62-28; Ord. No. 609, § 6,9-9-2014) Sec. 6-. - Littering. (a) Pub/icportions ofbeaches within the town. No person shall leave, place, or deposit on any public portions of any beach within the town any trash, refuse, or debris, including but not limited to loose papers, cans, or bottles. All persons shall deposit such materials in the receptacles prepared therefor, when such receptacles are available. When no such receptacle is available, or if the receptacle is full, all trash, refuse or debris must be removed from the beach. about:blank 1PS72017 of 710 Ocean Ridge, FL Code of Ordinances Page 3 of 4 (b) Private .beaches On the portions of the beach that are private property, no person shall place or deposit on any such beach any trash, refuse or debris, including but not limited to loose papers, cans, or bottles. Further, the owner of the private property shall not allow trash, refuse or debris to remain on his or her property for a period of time greater than three days after notification by the town. Any such trash, refuse or debris located upon private beachfront property shall be properly disposed of in manner otherwise provided by the codes and regulations of the town. State Law reference— Littering, F.S. § 403.413. No person shall sell or barter any article or personal property, tangible or intangible, on any of the public beaches. (Code 1993, § 62-30) ••. Every person using the public portion of any beach within the town shall obey all commands of any lifeguards in charge of such beaches, regardless of whether such lifeguards are employed by the town directly. (Code 1993, § 62-31; Ord. No. 609, § 8, 9-9-2014) Sec. 62-32. - Possession or deposit of glass on beach; prohibited. It shall be unlawful for any person to possess or deposit a glass container, or any other item made of glass on the public portions of any beach within the town. On the portions of the beach that are determined to be private property, no person shall leave or abandon any glass container or any other item made of glass. Further, the owner of the private property shall not allow glass containers or items to remain on his or her property for a period of time greater than three days after notification by the town. about:blank F1 1'2$7jj of 710 Ocean Ridge,- of 1 Page of is Sec. 62-33. - Disturbing the peace at beach within the town. (a) Noise andlanguage. It shall be unlawful for any person to disturb the peace of any of the inhabitants or residents of the town at or in the vicinity of any beach or inlet within the town by using loud, boisterous or obscene language or loud singing or in any other manner which could be construed to be a breach of the peace. (b) Lewdor/asciuiousbehavior,•nudity, urination and defecation. It shall be unlawful for any person to engage in lewd or lascivious behavior on any beach within the town, including those portions of the beach that are determined to be private property. It shall be unlawful for any person to expose their genitals, and, if such person is female, breasts, on any beach within the town, including those portions of the beach that are determined to be private property. It shall be unlawful to urinate or defecate on any beach within the town, including those portions of the beach that are determined to be private property. (Ord. No. 609, § 10, 9-9-2014) about:blank 1P�2017 of 710 12.B. NEW BUSINESS 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: Commissioner Romelus has requested a discussion as to if the Commission would like to consider becoming a Sanctuary City. EXPLANATION OF REQUEST: Provide direction to staff if Commission would like information concerning what other cities are doing in relation to Sanctuary City status and if the City would like to consider becoming a Sanctuary City. 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 476 of 710 12.C. NEW BUSINESS 12/5/2017 REQUESTED ACTION BY COMMISSION: Provide direction to staff regarding potential land sale or transfer of City owned land parcels, one adjacent to Palm Beach Leisureville and the other adjacent to Galaxy Elementary School EXPLANATION OF REQUEST: At its October 17, 2017 meeting, the City Commission discussed the potential to sell certain lands owned by the City. The intent was to divest lands that are currently a maintenance burden and also have no planned future development plans. As a result, it was agreed that over the coming months staff would provide sale options on the following land parcels: Nickels Road Leisureville Rolling Green Galaxy Scrub Contiguous lands in the Meadows and Nautical Sound subdivisions. This staff analysis is the first of several in the coming months and focuses on the Leisureville and Galaxy Scrubs parcels. These parcels have been the subject of acquisition inquiry by private entities in recent weeks. Prior to consideration of disposition of any municipally -owned land, it is essential to have an understanding of the codified process to sell property. The following section of City Code provides guidance. Section 2-56(c) is pertinent. Sec. 2-56. Purchasing agent, selection, duties; competitive bidding. (c) Real property. Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. W ith regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. Leisureville Parcel This 3.62 -acre parcel was deeded to the City in 1990 as part of the Tradewinds project. The land was originally intended to be used for recreation purposes. However, at the time, city staff noted that this parcel was not particularly well located for public use. As a result, the developer of Tradewinds advised that the City would be free to use the land in any manner it chose or the city would be free to sell the land. Thus, the warranty deed recorded on November 27, 1990 has no deed restriction or any other encumbrance. Therefore, it would appear that absent a more thorough title search that the land can be sold by the City for Page 477 of 710 any use, assuming compliance with all zoning regulations. According to the Palm Beach County Property Appraiser, the land has a 2017 appraised value of $271,500. Therefore, according to Sec. 2-56 above, the land must be appraised prior to consummating a sale. The City has received two inquiries for this land parcel summarized as follows: Inquirer Proposed Use Offer to the City Habitat for Humanity 11 Single Family Homes $50,000.00 Palm Beach Leisureville Undefined Recreational Use $0.00 The two alternatives and impacts are discussed below. Habitat for Humanity The proposed use of single-family homes is consistent with the surrounding R1AA zoning district. Thus, Habitat would be required to have the land appraised for City Commission consideration and then re -plat the land accordingly. Staff believes that residential development is preferential because it is compatible with surrounding the single-family parcels. Should the Commission prefer to sell this land to Habitat for Humanity, it can only do so with a four-fifths majority vote because the land value is greater than $100,000.00. Palm Beach Leisureville Community Association Palm Beach Leisureville request that the land be deeded to the Association at no cost. In return, the Association advised that it would conduct community meetings to develop a recreational use desired by local residents. Like in 1990, city staff today does not believe this parcel is well located for recreational uses. The land is separate from all of Palm Beach Leisureville and will be a destination likely requiring additional automobile traffic on both SW 1st Court and SW 1st Avenue. Leisureville Parcel Staff Recommendation Should the City Commission believe that the Habitat offer to construct 11 residential properties is reasonable, then consistent with Sec. 2-56 the City Manager recommends sale to Habitat in the amount of $50,000.00 and subject to receipt of the final plat and Commission approval by a four-fifths majority. Should the Commission believe this monetary offer to be too low compared to the assessed value of $271,500.00, yet it still desires to sell the land parcel, the City Manager then recommends proceeding with creation of public bid sale documents. Galaxv Scrub Land Parcel This 5.8 acre parcel was deeded to the City by the Palm Beach County School District in 2012 as part of a larger land transfer program that supported construction of the new Galaxy Elementary School. The land parcel is deed restricted for public park use by the City according to the following language: As a material inducement to Grantor to convey the Property to Grantee and as part of the consideration for this conveyance, Grantor hereby imposes a restrictive covenant on the Property that it be used only for public park purposes and Grantee, for itself and Its successors and assigns, covenants and agrees to abide by such restrictive covenant and not to permit the Property to he used for any purpose contrary to or inconsistent with the permitted use. Grantee accepts this conveyance subject to such restrictive covenant and acknowledges that it runs with the title to the Property. The Warranty Deed for this land parcel further states: Page 478 of 710 "The foregoing restrictive covenant and reversionary rights may only be amended, released or terminated by recording an appropriate document amending, waiving or terminating such restrictive covenant and reversionary rights, executed by the Grantor or its successors in interest." Essentially, for the City to cause any use other than public park purposes on this land parcel, the School Board of Palm Beach County (Grantor) must waive the restrictive covenant deed restriction. Only then can the City consider any other use for this 5.8 acre parcel. The City has received one inquiry for this land parcel summarized as follows: Inquirer Proposed Use Offer to the City Habitat for Humanity 22 Single Family Homes $0 Habitant for Humanity proposes to construct 22 new and attainable single-family homes on this parcel. Should the City Commission wish to pursue this action, the City Commission must determine there to be no need for open space or public park on the land parcel. The land is considered by some to be valuable open scrub land that should be preserved. Transfer of this land parcel to any entity by the City is a complex, multi -step process. Should the Commission wish to consider any such action, staff recommends the following: The City Commission should first request formal release of the deed restrictive covenant by the School Board of Palm Beach County. Should the School Board of Palm Beach County grant release of the deed restriction, the City could pursue uses of the land other than an open public park. Should the School Board of Palm Beach County deny release of the restrictive covenant then no other actions to sell or transfer this land to others can be pursued. Should the School Board of Palm Beach County release the deed restriction, then it would be appropriate to perform a formal determination of the land value with respect to open scrub to determine if that land can be -reused for other purposes or to develop mitigation factors that would allow use of the land. This information is unknown at this writing. Lastly, this parcel is categorized as Conservation Overlay on the City's Future Land Use Map. Thus, to use the land parcel for any other purpose requires evaluation of the current quality of the scrub habitat, and ultimately an amendment to the City's Comprehensive Plan. Obviously, there is significant due diligence that must be conducted prior to transfering ownership of this parcel. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City has no defined current use for these land parcels. Thus there is no active public use that would be diminished generally. FISCAL IMPACT: Non -budgeted Disposal of these parcels would reduce maintenance expenses by around $15,000 on an annualized basis. ALTERNATIVES: Keep land parcel in public ownership. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 479 of 710 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 480 of 710 Type Description D Addendum Habitat Letter D Attachment Palm each Leisure\Alle Letter D Exhibit Leisure\Alle PAPA D Attachment Leisure\Alle Deed D Attachment Leisure\Alle Tradewinds Commission Minutes 1990 D Minutes Leisure\Alle Tradewinds Restriction Release D Exhibit Galaxy PAPA D Exhibit Galaxy Deed Page 480 of 710 97 1 A Be�',',tcll, 11, 33483 Habitat 6 1 - 8] 9 - 6(J70 for Humanity' of Sou.'fl""�' Beach November 15'h, 2017 Jason Katz Eric Lebe!rsfeld a�L Eben Molloy Jeff en ler Doug Mosley Construction Director Leon Silverstein 561-371-2191 �r �hfhboca.or� Yanneth Villarreal PresidentICEO Randy Nobles cc: Colin Groff, P.E., Assistant City Manager Andrew Mack, Development Director NOV 17 2017 MUMS= Visit Our Restores At: 1900 North Federal Highway, Delray Beach, Florida 33483 - 561-455-4441 272 South Dixie Highway, Boca Raton, Florida 33432 - 561-362-7284 f2r EQUM HOUSING 10055 Yamato Road, Boca Raton, FL 33498 -561-7/57-6190 0 Page 4W W�l I City of Boynton Beach City Manager Lori LaVerriere 100 E. Boynton Beach Blvd. BOARD OFFICERS Boynton Beach, FL 33435 Rick Howard, Chairman Scott Sullivan, Dear Lori, Past President & Secretary Habitat for Humanity of South Palm Beach County is pleased to present to the City of Brittney Kocaj, Boynton Beach an offer to purchase a vacant parcel of land adjacent to the Leisureville Treasurer Community in the amount of $50,000.00 (Fifty Thousand Dollars). The purchase of this parcel will enable HFHSPBC to construct eleven (11) new single family homes. DIRECTORS These attainable homes would be either three or four bedroom, two bathroom with an enclosed car garage. Per the attachment, please find property location map with legal Scott Banks description and preliminary site plan. Chery Budd We look forward to continue our work and mission in the City of Boynton Beach. If Eric Bucher you have any questions or comments, please feel free to contact me at your earliest Audrey Grollg convenience. Jason Katz Eric Lebe!rsfeld a�L Eben Molloy Jeff en ler Doug Mosley Construction Director Leon Silverstein 561-371-2191 �r �hfhboca.or� Yanneth Villarreal PresidentICEO Randy Nobles cc: Colin Groff, P.E., Assistant City Manager Andrew Mack, Development Director NOV 17 2017 MUMS= Visit Our Restores At: 1900 North Federal Highway, Delray Beach, Florida 33483 - 561-455-4441 272 South Dixie Highway, Boca Raton, Florida 33432 - 561-362-7284 f2r EQUM HOUSING 10055 Yamato Road, Boca Raton, FL 33498 -561-7/57-6190 0 Page 4W W�l I 1I, • 1! 111'1 July 18, 2017 1:4,514 0 0.0375 0.073 Page tm& 710 DOROTHYJACKS Homaked Faff;dW MAU Locafion Address Munic�pah�y BOYNTON BEACH PurelCortDINuniw 0843-45-29-00-000-1040 Saab dhision Oftial Records Book 06652 P 131 Sale Date NOV- 1990 2945-43, E 330.70 FT OF WLY 660.16 .161T OF SLY 672.12 Fr Lega1,Dc,scqq3fi.on OF NLY 1252.12 FT (IMS N 499.34 FF OF E 126.90 Fr) OF THPTOF Page 483 of 710 Maft ad&rws Ormers POBOX310 BOYNTON BEACH CITY OF BOYNTON BEACH Fl, 33425 0310 Sales Date Price OR BooktPage Sale Type Owwr NOV-1990 $100 06652 / 01315 WARRANTY DEED Ex-empfion ApplicYear Detail BOYNTON BEACH CITY OF 2017 FLJiL- MUNICIPAL GOVERNMENT Nwrber ofUnis 0 *Toil Squwe 0 Ac= 3.62 Feet Use Code 8900- 7-onig RIA - Si* Family (08-BOYNTON MUNICIPAL BEACH) Tax year 2017 2016 2015 hiprovmw Vabje $0 $0 $0 Land VaIL $271,500 $271,500 $271,500 Total Market vakle $271,500 $271,500 $271,500 Alvakies am as ofJanmy 1st eachyear Tax Year 2017 2016 2015 Assessed Vakr. $271,500 $271,500 $271,500 F=Ttion Amout $271,500 $271,500 $271,500 Taxable Vahx $0 $o $0 Tax Year 2017 2016 2015 Ad Valerem $0 $0 $0 Non Ad Valomn $0 $0 $0 Total tax $o $0 $0 Page 483 of 710 a Habitat for Humanity k§\ SW I sl Avenue - BoyntDn Beach, FL 12 Z z Page 484 0 710 lxMr-MMq& Randy Nobles cc: Colin Groff, P.E., Assistant City Manager Andrew Mack, Development Director Visit Our Res-toresAt: 1900 North Federal Highway, Delray Beach, Florida" `3142K; . 561-45755-1,44 1 272 South Dixie Highway, Boca Raton, Florida 33432.561-362-7284 City of Boynton Beach City Manager Lori LaVerriere 100 E. Boynton Beach Blvd. BOARD OFFICERS Boynton each, FL 33435 Rick Howard, Chairman Scott Sullivan, Dear Lori, Past President & Secretary Habitat for Humanity of South Palm Beacn County (HFHSPBC) respectfully requests Brittney Kocaj, the City of Boynton Beach transfer the title/ownership of a vacant parcel of land East of Treasurer Interstate 1-95 described as 08-43-45-21-00-000-7060 to HFHSPBC. The acquisition of this parcel will enable HFHSPBC to construct twenty two (22) new and attainable three to four bedroom, single family homes. DIRECTORS Per the attachment, please find property location map with legal description and Scott Banks preliminary site plan. As a part of this acquisition, HFHSPBC will be responsible for cost Chery Budd associated with the environmental audit. Eric Bucher We look forward to continue our work and mission in the City of Boynton Beach. If Audrey Grolig you have any questions or comments, please feel free to contact me at your earliest Jason Katz convenience. Eric Lebersfeld cerely, Eben Molloy g Doug Mosley J4e eng*ler Construction Director Leon Silverstein 561-371-2191 Yanneth Villarreal ifengler@hfhboca.o[g lxMr-MMq& Randy Nobles cc: Colin Groff, P.E., Assistant City Manager Andrew Mack, Development Director Visit Our Res-toresAt: 1900 North Federal Highway, Delray Beach, Florida" `3142K; . 561-45755-1,44 1 272 South Dixie Highway, Boca Raton, Florida 33432.561-362-7284 ftnftkad ExaMrAwl DOROTKYJACKS b'6"a,v tic, %th rqn4svo; A m1id wv LmationAddress Mtviicipa ON BEACH Parcel ControlNuntivr 08-43-45-21-00-000-7060 Subdiviskm Official Records Book 25156 Pa 549 Sale DaLe APR -2012 u lix-scriptkm 21-45-43, NLY 719.74 FTOF ELY362.63 FT OF W 3/4 OF p SW 1/4 OF SW 1/4 Maft address Owners POBOX 310 BOYNTON BEACH CITY OF BOYNTON BEACff FL 33425 0310 SaksDate Prke ORBookftge Sale T1 CKmwr APR -2012 $10 25156/00549 WARRANTYDEED BOYNTON BFACHC JTY0F ............... ... ExerqAon.Applicant(Owmer Year Detail BOYNTON CHC OF 2017 FULL- MUNICIPAL GOVERNMENT -- - ---------- - --- ---- ............... ................ ............. NunberofUTis -Total Square Feet 0 Acres 5.8419 8900- PU - Public Usage 08- TON Use Code zoning MUNICIPAL BEACH) .T ............. ax Year 210 1. 7 20t6 2015 Improvement vakle $0 $0 $0 Land Value $1,460,475 $763,413 $706,793 Total Market Vakc $1,460,475 $763,413 $706,793, Page 486 of 710 AR vahms are as o0amiry 1st each year .......... . ..... Tax Year ...... — ......... 2017 2016 2015 Assessed V $839,754 $763,413 $706,793 Exerrpti)n Ammit $839,754 $763,413 $706,793 Taxable Vakr, so $0 so Twc Ymr 2017 2016 2015 Ad Valorem $o $0 $0 NonAd Vabrem $0 $o $0! To tax ...... ...... $0 .. ...... $0 so Page 486 of 710 August 24, 2017 1:4,514 D 0.0375 0.075 JAI RSP JA "of 710 M:\MLPC\MARKETING\PROJECrS\Habitat for Humanity\Boyntan Beach\Rjdgewood Manor.dwg, 7/18/2017 10:43.47 AM, Adobe PDF W 'n X 09 Z: F 0 P ■ CL > m P 0 W 'n X 09 Z: F 0 > m P 0 Ridgewood Manor > M 'V Boynton Beach, FL x m Page 488 0 710 LEISUREVILLE COMMUNITY O 1007 Ocean Drive,, Boynton Beach, FL 33426 : ne: ho 3 56 1.732.5878 Ills. Lori LaT*rriereLfty-Manager City of Boynton 124 E Woolbright Road Boynton Beach, PBLCA is approaching its 501 anniversary and the community is getting older, but the residents seem to be getting younger. These residents have been asking for additional recreation facilities, like pickle ball courts, bocce courts, a walking trail, etc. The answer to their request has always been the same, "No land is available for additional recreation facilities". The gift of land adjacent to our community from the City of Boynton Beach is the key ingredient to a new and welcoming answer to the residents. This new answer is, "Let us, Palm Beach Leisureville, make a plan for the future use of this land". Upon the passing of title of the City owned land (identified by the parcel control number 08-43-45-29-00-000), to PBLCA, the Board will follow through with the community's intended plan as specified below. PHASE ONE - Invite City officials and residents to a gathering at which time the City officials will receive acknowledgement and a framed letter of the community's gratitude. PHASE TWO - Invite residents to submit ideas for the best recreational use of the gift. PHASE THREE - Poll residents to see which ideas would be most suitable for the majority of resident's recreational preferences. PHASE FOUR - Investigate costs associated with resident's selection and how to fund those costs. PHASE FIVE - Monitor and follow each phase of the planned recreation project to completion as well as providing updates to the City. The Board Officers and the residents of PBLCA would like to thank you in advance for your time and consideration in this matter. We look forward to hearing from you in the near future. CrTY MANAGER'S OFFICE Page 489 of 710 Location Address Leisureville Parcel Municipality BOYNTON BEACH Parcel Control Number 08-43-45-29-00-000-1040 Subdivision Official Records Book 06652 Page1315 Sale Date NOV-1990 29-45-43, E 330.70 FT OF WLY 660.16 FT OF SLY 672.12 FT Legal Description OF NLY 1252.12 FT (LESS N 499.34 FT OF E 126.90 FT) OF TH PT OF Mailing address Owners PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 Sales Date Price OR Book/Page Sale Type Owner NOV-1990 $100 06652 / 01315 WARRANTY DEED Exemption Applicant/Owner Year Detail �)YNTON BEACH CITY OF 2017 FULL MUNICIPAL GOVERNMFY Number of Units 0 *Total Square 0 Acres 3.62 Feet 8900- RIA - Single Family (08-BOYNTON Use Code MUNICIPAL ZOO BEACH) Tax Year 2017 2016 2015 Improvement Value $0 $0 Land Value $271,500 $271,500 $271,51 Total Market Value $271,500 $271,500 $271,51 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $271,500 $271,500 $271,51 Exemption Amount $271,500 $271,500 $271,51 Taxable Value $0 $0 Tax Year 2017 2016 2015 Ad Valorem $0 $0 Non Ad Valorem $0 $0 Total tax $0 $0 Page 490 of 710 .. Y NOV-21-1990 10:45as 90-337529 ORB 6652 Pg 1315 Can 10.00 Doc .55 JOHN 8 WLEAERK - PB COUNTY, FL SPECIAL WARRANTY DEED IS NTURE, made this � day of November, 1990, between HOWARD R. SCHA Trustee and Individually, of the County of Dade, filets of Florida, hereinafter called grantor, E @J1Y OF BOYNTON BEACH, FLORIDA (Tax Identiflcatlon #59-60002a2), hereinafter called gr t hose post office address is 100'E. Boynton Beach Boulevard, Boynton Beach, FL 33435• WITNE�, haothe grantor, for and In consideration of the sum of Ten Dollars and other good and valu onsideratlons paid to grantor by grantee, receipt whereof Is hereby acknowledged, h r ed, bargained and sold to the grantee and to the heirs, successors and assigns of the gr n fee simple forever, the following described real property (the 'Property*): ,SEE EXoff- ATTACHED HERETO AND MADE A PART.HEREOF. Subject to: Covenants, restre servatlons, dedications, right-of-way and easements of record. and the grantor hereby fully wal�fhe title to said land, and will defend the same against the lawful claims of all persons by, th gh and under the Grantor, . IN WITNESS WHEREOF, the above written. executed this Instrument on the day and year first Signed, sealed and delivered In our preseh6!�,>� I 1Z R R. SCHARLIN, as Trustee and 4 - STATE OF FLORIDA COUNTY OF DADE�/f ) )� I HEREBY CERTIFY that on this day, before me, an officer �/ rized In the State and County aforesaid, to take acknowledgments, personally appeared ty , Scharlin, as Trustee and Individually, to me known to be the person described In and who executed the foregoing Instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal In the County and State last aforesaid this %K4 day of November, 1990. This Instrument was prepared by: Howard R. Scharlin, Esq, 1399 S.W. First Avenue Miami, FL 33130 < it• Notary Public, State elf Florida My commission expires: 4 "` - 'X NUTA2Y I'Illil.lI STATE OF fIIINIOA My LUMMISSION EV, JIILY 4, 1994 UUNUEO IIIRU GENCIIAL INS. UNO. '. i .' •^ ' U 1 of 710 n;Yf #'91�1?�tEd,�! Ri'.AlS;ti�atibnwtu'i:ituwenq�iµe�aa,�tawen�.�za a �. _ h MIBIT "A" ORS 6652 Pa 1316 A.parcol of 'land lying in-Soction 29, Township 45 South, a 43 East, Palm Reach County, Florida, being more iaularly described as follows: 10ning at the; Northeast corner of lot -41, Hloak 2 of,the oplat of First Soction Palm Beach Leisuroville" no reco d" in Plat Book 20 at Pages 201; 202, and 203 of the Puecords of Palm Beach County, Florida; Thgnce South 01' " Eaht. along the East line of lots 34-41; [Hock 2 of nai oplat of First Section Palm Beach Loisureville", a, dietanc f 620.34 feet to the Point of Beginning;' Thence con tin uth 01012'65" East along the East line of Lots 22- 34 of .e lock 2, a distance of 572.12 foot to•tho southeas c rar 9f lot 22, of said Block 2;'Thonce North 87.69'77 along the North line of lots 7-1z of said 4 Block 2. a istance of. 330.70 feat to the Northeast•cornpr of Lot 7 of sa d ck•,2; Thence North 01.16'09" Wost along the West line of 4 and 6 of said Block 2, a distanco of 170.33 foot t a point of intersection with the south line of that 25.00 foot Right-of-Wiy for "Jasmine Street" as shown on said " t•of First Section Palm Beach t;oiourov.i11e".; T south 88.24'30" West along said south line', a distance .90 fast to a point of intersection with •the southerly ction of the West lino of the Plat of "Lake ,Boynton Estat a 4-A" as recorded. in Plat Book. 14 at page 89 of the pu cords of Pa1m,Beach County, Florida; Thonco North ' 0" West along said projection 11no.and the Wast ling o f; a distance of 499.34 feet,; Thence South 84'24'52'• a distanco of 200.39 foot�to•the Point of Beginning. Said Lands situate in the C Boynton Reach, Palm Beach - County, Florida., ' Containing 1'57•,578 Square foot 6115 Acres, more of less. REOOIID VERM PALM BEACH COUNTY, H.A. JOHN Q DUNKUE CLERK CROUIroom Pam of 710 ^ ^ ^° ~. . ~ � MINUTES --REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA the City had hoped the entire buffer or wall could be constructed at one time, rather than property by property. *ther comments were made. Mayor Wische moved to approve the recommendations of staff, subject to staff comments, with the proviso that the City Manager get together with Quantum. Commissioner olenik seconded the motion which carried 5-0. Mayor Moore didn't think shortfalls encountered because of deficiencies in dealing with Quantum should be visited on ^ P�nw493Of710 �-,z- MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 plan, construction drawings and pre- liminary plat is provide for the construction of infrastructure improvements to serve a previously approved Planned Unit Development Jim Golden, Interim Planning Director indicated the P&Z Board recommended approval, subject to staff comments. Three issues had been raised, however. The Board recom- mended 1) That the applicant be required to construct an industrial access road, 2) That the applicant not be required -to extend the guardrail along the west side 8th Street, south along the entire expanse of the lake and 3)That the land value be set at $80,000 an acre. In addi- tion, the applicant's attorney indicated the applicant would provide an MAI certed appraisal to more clearly define what the one acre should be worth. The applicant's attorney had submitted to the P&Z Board, a legal agreement in connec- tion with the park site which was not acted on -because of language which was problematic in the opinion of staff. Aside from the three areas, the applicant.had been in agreement with all staff comments. M1100=! Mr. Martin Perry, Attorney for Tradewinds referred to a problem with a provision in Vincent Finizio's report, paragraph 1, which dealt with the 31 acre park site. It addressed soil quality and provisions relating to fill, etc. Mr. Perry indicated Tradewinds had submitted to the City fore -boring tests performed by a fill testing laboratory. They also had promised to submit a topographical survey. The fore -boring showed the soils were clean sand to a depth of 101 to 15' which was the depth the quarries were taken. The topographical information indicated the level of the soil was at the same level or higher than the adjacent properties in Leisureville. Mr. Perry felt the land was in good shape and he didn't want to get into someone making an arbitrary determination that they would have to bring in P,dditional fill. Mr. Perry stated that at no time did Tradewinds ever agree in addition to dedicating the land, to do anything beyond bringing utilities to the site when they develop their northern site. They did not discuss drainage and have no concept of what the City intends to do with the park. He wished to withdraw to the extent that his agreement incor- porated the aspect of drainage and these other things. He believed the information provided should allow City staff to evaluate the site. He thought additional fill would create drainage problems for LeiBUreVille properties. R! Page 494 of 710 MINUTES - REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 An Agreement dealing with dedication of park land was drafted by Mr. Perry but was not acted.oriby the P&Z Board. A technical chronology of events wag provided in this regard. With respect to the preliminary plat, Mr. Finizio stated there was a duty of the Commission to make a finding rela- tive to the five amenities Tradewinds is supposed to provide the City in order to get the credits. He stated the Commission was supposed to publish that finding in writing in the form of an agreement. BE Ppg.e 495 of .71.0. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 18, 1990 it Attorney Cherof stated the Commission was required to determine at land is to be dedicated or fees paid. If it is the Commission 's determination that the issue was addressed in May, they simply needed to ratify that for the record. City Manager Miller stated he and the Director of Recreation & Parks had looked at the five sites and they weren't really applicable for parks. Charles Frederick, Director of Recreation & Parks explYI-ned the'sites originally placed on the plat wWre for various reasons of no value for park use. The 31 acres was the change-out. Mr. Frederick indicated they had looked at the possibility of purchasing some a cent land which would make the site larger in the future and help buffer Leisureville. He didn' t feel this was the per- fect location, but it was much better than at was currently available in that area. Discussion took place regarding the value of the land and the MAI appraisal the developer had agreed to obtain. Other remarks were made about the geological surveys of the soil. The City Manager remarked the City had to make sure they weren't getting "muck-filled" land, is would require more money to prepare. Mr. Finizio remarked on the soil borings obtained and stated this had become a "non-issue. " Mr. Finizio again brought to the Commission making a finding on the five amenities Tradewinds is to provide in order to get the credits. Mr. Perry disagreed with Mr. Finizio's interpretation of what the law is in this regard. Mr. Perry Mate d that was a site planning matter. Trad-ewinds couldn't get to site planning until they got past the platting pro- cess. Mr . Finizio replied that as a condition of preliminary plat Tradewinds is supposed to guarantee they will build 5 of the 7 specific amenities relative to private recreation. Since they don't have a site plan, they don't no where they will be located, but they have to agree they will build at least 5 and specify those 5. The Commission needed to acknowledge that in writing. Mr. Frederick commented we normally do the actual study of what they're going to provide at the time of site plan approval. Attorney Cherof indicated Mr. Frederick was right. Vice Mayor Wische moved to approve the preliminary plat, subject to all input and as altered by individual motions. The agreement is to be reduced to writing. Commissioner Olenik seconded the motion which carried 4-1. Commissioner Weiner voted against the motion. 13 I; . I . . '­ :. ... Page 496:of 710 MINUTES -- REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 Don Jaeger, Building Official stated that prior to sub- mitting for permit the applicant must go through the site plan approval process. Mr. Parsons had submitted a very preliminary site plan. The TRB had processed it and pro- vided comments. Mr. Parsons stated he had received no such comments from the TRS. Mr. Jaeger indicated a proper site plan needs to be submitted to the Building Dept. for analy- sis. Mr. Jaeger stated he would meet with Mr. Parsons the next day to try and iron this out. DEVELOPMENT PLANS A. CONSENT AGENDA •- UNANIMOUSLY APPROVED BY PLANNING & ZONING BOARD None. B. NON -CONSENT AGENDA 1. Final Plat Approval. - Woolbright Place Plat #1 (Tradewinds Development) City Manager Miller had provided the Commission with Agenda Memorandum No. 90-322 on this topic. Mr. Miller stated there were some legal and engineering concerns. Mr. W. Richard Staudinger was the Consulting Engineer with Gee & Jenson who was responsible for signing this plat off. Mr. Michael Morton stated he had been under the impression that everything submitted was in good form. Vice Mayor Wische thought everything had been agreeable except "signing aff" had not taken place by the Engineering, Utilities and Planning Depts. Mr. Staudinger stated the Engineering Dept. had not signed off. Engineering had received the documents that very day for review. In making a cursory review, there appeared to be a problem with a maintenance easement adja- cent to one of the tracts which is not in the dedication language. Mr. Staudinger needed at least a day to look at the documents closely. He needed to check the legal description to make sure it was on the plat. Relative to the Deed, Mr. Morton believed everything referencing the ]deed and transfer had been taken care of. The Mayor suggested approving the final plat, subject to the City Engineers and City Attorney signing off. Commissioner Weiner was not comfortable with that. The question was taised as to whether the Planning Dept. had signed off. Vince Finizio, Administrative Coordinator of Engineering stated the Planning Dept. had not signed off yet. The Commission did not have any backup from the Planning Dept. in their packets. Mr. Miller referred to a couple of points khat Planning Director Cutro still needed to take a look at. 11 Page 497 of 710 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1990 City Attorney Cherof stated the first Special Warranty Deed received by the City had a clause in it that indicated if the City was not to use the property for a park, the pro- perty would revert to the property owner. The City had requested that language be deleted as it was not part of the agreement entered into. Mr. Cherof had not yet seen a copy of the corrected Deed bearing the appropriate signatures. Mr. Morton noted the City wants to reserve the right to use the property as it sees fit, which included selling it. He stated that was fine with Tradewinds. A previous opinion of Title received had indicated there was a mortgage on the property. Mr. Cherof had been advised that was an opinion made in error and he had received a Supplemental Opinion of Title indicating there is no recorded mortgage. Mr. Cherof had requested a copy of that mortgage so it could be compared to make certain it does not encumber this property. Legal discussion took place. Commissioner Weiner was all for expediting this matter and she was even willing to support calling a special meeting the next day. She felt these departments should be provided time to.review the material properly. Mr. Morton didn't really want to wait another two weeks. He stated this Plat, the easements and everything engineering -wise had been in Mr. Finizio's hands for two months. Mr. Morton stated that ";without a City Engineer to review these documents, we run into these constant delays." Mr. Staudinger stated Gee & Jenson had just been provided the documents that very day. There was discussion. Mr. Morton stated if it would take a few more days to satisfy the parties involved, Tradewinds Gould wait a few more days. Mr. Finizio stated he per- sonally did not have possession of any of these plat docu- tents prior to this very day at 1:30 P.M. The Mayor wanted to get this moving and he indicated he would be willing to Call a special meeting if need be. Mr. Morton stated Tradewinds had made a formal request for a reduction of surety put up for the completed construction work in the PCD. This was supposed to be an agenda item at this meeting. As it was not included on tonight's agenda, Mr. Morton asked that it be included on the next agenda. lir. Morton had provided a certified engineer's statement as to completeness of the work. 2. Time extension of site plan - Boynton Lakes Plaza (Hypoluxo Road and Congress Ave.) Attorney Rick Harris representing the applicant explained that in June, 1990 they had received a six-month time exten- 12 Page 498 of 710 . . . . ... ' ..,... .: , : ,: . 1 - 9 .. � . Location Address Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-00-000-7060 Subdivision Official Records Book 25156 Page549 Sale Date APR -2012 Legal Description 21-45-43, NLY 718.74 FT OF ELY 362.63 FT OF W 3/4 OF SW 1/4 OF SW 1/4 Mailing address Owners PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 ales Date Price OR Book/Page Sale Type Owner LPR-2012 $10 25156 / 00549 WARRANTY DEED BOYNTON BEACH CITY OF Exemption Applicant/Owner Year Detail �)YNTON BEACH CITY OF 2017 FULL MUNICIPAL GOVERNNIFY Number of Units *Total Square Feet 0 Acres 5.8419 8900- PU - Public Usage (08-BOYNTON Use Code MUNICIPAL Zoe BEACH) Tax Year 2017 2016 2015 Improvement Value $0 $0 Land Value $1,460,475 $763,413 $706,7' Total Market Value $1,460,475 $763,413 $706,7' All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $839,754 $763,413 $706,7' Exemption Amount $839,754 $763,413 $706,7' Taxable Value $0 $0 Tax Year 2017 2016 2015 Ad Valorem $0 $0 Non Ad Valorem $0 $0 Total tax $0 $0 Page 499 of 710 This instrument prepared by: Btakr LittI John, Esq. of Board of Palm Beach County, Florida 1 rest Hill Blvd. C-302 Palm Beach, FL 33406 0 R TO: I�IN�NINa11IININ�IINNIMI�I CF'N 20120159997 OR BK 25156 PG 0549 RECORDED 04/23/2012 17:49:34 Pala Beach County, Florida ANT 10.00 Doc Stamp 0.70 Sharon R. Bock,CLERK b COMPTROLLER Pgs 0549 - 552; (4pga) Office of the City Clerk 0 City of Boynton Beach P. 0. Box 310 PCNs: Boynton Beach, Florida 33424 0, . (Space Reserved for Clerk of Court This SPECIAL WARRANTY DEED, is made and given this a 5 -/.%day of _l7Rr 20 /a, by the Sc Board of Palm Beach County, Florida, a corporate body politic pursuant to the constitution o ;N1 tate of Florida (the "Grantor"), to and in favor of the City of Boynton Beach, Florida, a a municipal corporation, whose address is P.O. Box 310, Boynton Beach, FL, 33425-031?i* "City.). GRANTOR, for ari ,consideration of Ten and No/100 ($10.00) Dollars and other good and valuable consideratiM_�Orgained by City, the receipt and sufficiency of which are hereby acknowledged, has grante and sold, and by these presents does hereby grant, bargain and sell, to City, and heirs, successors and assigns forever, the following property situate, lying and being in Palm County, Florida (the "Property"), to -wit: SEE EXHIBIT "A" ATTACHF,"ERETO AND MADE A PART HEREOF THIS CONVEYANCE is subjo�JV lo: (a) taxes and assessments for the year 20_ and subsequent years not yet due or(b) all laws, ordinances, regulations, restrictions, prohibitions and other requirements ��ed by governmental authority, including, but not limited to, all applicable building, land use and environmental ordinances and regulations; (c) easements, conditions, restrictions, matters, limitations and reservations of record, if any, but this reference shall not operate to reimpose any of the same; and (d) matters which would be disclosed by an accurate survey of the Property. Pursuant to Section 270.11, Florida Statutes, the Grantor has elected not to reserve any phosphate, minerals, metals or petroleum interests in the subject property. As a material inducement to Grantor to convey the Property to Grantee and as part of the consideration for this conveyance, Grantor hereby imposes a restrictive covenant on the Property that it be used only for public park purposes and Grantee, for itself and its successors and assigns, covenants and agrees to abide by such restrictive covenant and not to permit the Property to be used for any purpose contrary to or inconsistent with the permitted use. Grantee accepts this conveyance subject to such restrictive covenant and acknowledges that it runs with the title to the Property. It is the intent of the parties that the restrictive covenant and reversionary rights set forth herein shall not be subject to the limitations set forth in §689.18(4), F.S. as this deed constitutes a conveyance to a governmental entity under the provisions of §689.18(5), F.S. The foregoing restrictive covenant and reversionary rights may only be amended,iril 'sed ori tle rii iaied by Page 500 of 710 Book25156/Page549 Page 1 of 4 recording an appropriate document amending, waiving or terminating such restrictive covenant and reversionary rights, executed by the Grantor or its successors in interest. TO HAVE AND TO HOLD unto the City and the City's successors and assigns in fee forever, PROVIDED, however, that should the Property not be used for a public park ur a for a period of twelve (12) consecutive months, then in addition to all other rights and re � available to Grantor at law and/or in equity, the Grantor has the right, but not the obli , to require Grantee, upon delivery of written notice to Grantee, to, within thirty (30) days, nvV back the Property to Grantor free and clear of all liens, encumbrances and other matter title, other than those matters already encumbering the Property on the date this deed is ded and free and clear of all environmental conditions in violation of any applicable environment laws. This reverter right is created pursuant to that certain Interlocal Agreement between T hool Board of Palm Beach County, Florida and The City of Boynton Beach For The Develop and Mutual Use of The Preservation Property dated GRANT®R ereby warrants the title to the Property, subject to the foregoing matters, and will defend t me against the lawful claims of all persons claiming by, through or under Grantor and no oth rs— IN WITNESSREOF, Grantor has signed these presents the day and year first above written. as GRANTOR: ATTEST: THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic E. Wayn ent, Sup rintendent Frank A. Barbieri, Jr., Esq., Chairm APPROV AST FORM AND LEGAL SU F I IENCY By. _31;" t Iv Schoo Board Attorney STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Frank A. Barbieri, Jr., Esq., and E. Wayne Gent, as the Chairman and Superintendent, respectively, of The School Board of Palm Beach County, Florida, a corporate body politic, freely and voluntarily on behalf of said corporate body politic. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this 4/day of or; My Commission Expires: Book25156/Page550 ••pOMu yS�piy',y�: _ w �• Notary Public Print Name Page 2 of 4 Page 501 of 710 txnlDlt "A" LEGAL DESCRIPTION: A PORTION OF THE OF THE SOUTHWEST ONE-QUARTER (S.W. 1/4) OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF INTERSTATE 95, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21; THENCE ON AN ASSUMED BEARING OF NORTH 8746'29" EAST ALONG THE SOUTH LINE OF SAID SECTION 21 A DISTAN OF 992.72 FEET TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE WEST E OF RIDGEWOOD MANOR, ACCORDING TO THE PLAT THEREOF AS RECORDE T BOOK 24, ON PAGE 175, OF THE PUBLIC RECORDS OF PALM BEACH CO RIDA; SAID WEST LINE ALSO BEING THE EAST LINE OF THE WEST THREE -Q (W. 3/4) OF THE SOUTHWEST ONE-QUARTER (S.W. 1/4) OF THE SOUTHWEST - R (S.W. 1/4) OF SAID SECTION 21; THENCE, DEPARTING SAID SOUTH LINE, 01'57'31' WEST AND ALONG SAID EAST AND WEST LINE A DISTANCE OF 1 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST AND WEST UNE TH 88'02'40" WEST, A DISTANCE OF 362.43 FEET TO A POINT ON THE EASTerly ACCESS RIGHT-OF-WAY LINE OF STATE ROAD 9 (INTERSTATE 95) AS SHOWN ON IGHT-OF-WAY MAP 3-A, SECTION 93220-2412, DATED MAY 5TH, 1970; THENCE 01'57'31" WEST ALONG SAID RIGHT-OF-WAY UNE, A DISTANCE OF 718.74: FIE INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF SA EWOOD MANOR, SAID NORTH UNE ALSO BEING THE NORTH UNE OF THE SO REE -QUARTER (3/4) OF THE WEST ONE-HALF (1/2) OF THE SOUTHWEST ONE R (1/4) OF SAID SECTION 21; THENCE NORTH 89'53'59" EAST ALONG SAID ORTH LINE, 362.63 FEET TO THE NORTHWEST CORNER OF SAID RIDGEWOODMANOR EIN P THENCE SOUTH 01'57'31" EAST ALONG THE WEST LINE OF SAID PLAT ALSO BEAST UNE OF THE WEST THREE-QUARTER (3/4) OF THE SOUTHWEST ONE -QUA R W. 1/4) OF THE SOUTHWEST ONE-QUARTER (S.W. 1/4) OF SAID SECTION 2' ANCE OF 707.00 FEET TO THE POINT OF BEGINNING. CONTAINING 258,366 SQUARE FEET (5. ES MORE OR LESS, SAID LANDS SITUATE, LYING AND BEING IN THE C OYNTON BEACH, PALM BEACH COUNTY, FLORIDA. SURVEY NOTES: D 1. THE LEGAL DESCRIPTION SHOWN HEREON EARED BY THE SURVEYOR. 2. KEITH AND ASSOCIATES, INC. CERTIFICATE OF IZATION NUMBER IS LB.#6860. 3. THIS SKETCH IS NOT VALID WITHOUT THE SIG RE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. IT IS A VIOLATION OF RULE 5J-17 OF THE FLOA MINISTRATIVE CODE TO ALTER THIS SKETCH AND DESCRIPTION WITHOUT THE EXPRESSED PRIOR WRONSENT OF THE SURVEYOR. ADDITIONS AND DELETIONS MADE TO THE FACE OF THIS SKETCH CRIPTION WILL MAKE THIS DOCUMENT INVALID. 5. THIS SKETCH IS NOT A BOUNDARY SURVEY. 6. BEARINGS SHOWN HEREON ARE AN ASSUMED BEARI ORTH 89'46'29" EAST ALONG THE SOUTH LINE OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 7. LANDS SHOWN HEREON WERE ABSTRACTED FOR RIG Y, EASEMENTS, OWNERSHIP, AND OTHER INSTRUMENTS OF RECORD PER SOUTHEAST GUARANTY & TITLE, INC. SEARCH NO. 2904012 CERTIFIED THROUGH APRIL 5TH, 2009 O 8:00 A.M. CERTIFICATION: THIS DESCRIPTION S 4" LOCATION MAP NOT TO SCALE I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS WRITTEN UNDER MY DIRECTION ON JANUARY 13, 2010 MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. KEITH & ASSOCIATES, INC. CONSULTING ENC4NEERS 01 MHAL .MO60-�p PROFESSIONAL SURVEYOR ANDPER REGISTRATION No. 5660 STATE OF FLORIDA -�1Z '�� DAIF 1/13/10 SCALE N/A F/QD BK.N DINVG. BY S.M. QYK. BY M•M•M• DAIS' REW-70S ,'ng en g!n eei-s A R-AN77C B011LEVAOW QV, fZU4/0,4 J"0 -664J 'Q0 FAX (954) 788-,3f5o10 -amr°r° com [B N[t 686o 3 5 12 UPDATED CERT. ^T 1 A- 2 07554.01 Page 502 of 710 Book25156/Page551 Page 3 of 4 SCALE: 1"=300' U- v LEGEND: BLVD. F.D.O.T. LB O.R.B. P.B. P.B.C.R. PG. P.O.B. P.O.C. R/W SEC. S.R. U.E. WESTERLY EXTENTION OF THE NORTH UNE OF RIDGEWOOD MANORS AND NORTH UNE W X S %, W t S.W. X SEC 21-45-43 O BOULEVARD FLORIDA DEPARTMENT Ob OF TRANSPORTATION r� LICENSED BUSINESS OFFICIAL RECORDS BOOK �C PLAT BOOK PALM BEACH COUNTY RECORDS PAGE POINT OF BEGINNING POINT OF COMMENCEMENT RIGHT-OF-WAY SECTION STATE ROAD UTILITY EASEMENT CENTERLINE SECTION CORNER N 2 r Zi -( V ,-i+ O C j jy� Co �r^m 0 0D J NORTHWEST CORNER OF RIDGEWOOD MANORS P.B. 24, PG. 175, P.B.C.R. NERRY N/LLS P.B. 4, a PG. 58, P.B. C.R. I.I.I -N.11. 8TH AVE. P.O.B. I To - ACREAGE P.O.C. S.W. CORNER SEC 21-45-43 — 20 21 —� 29 28 N89'46'29"E 992.72' ��1111 (BEARING BASIS) SOUTH LINE SEC 21-45-43 ORIGINAL CENTERLINE S.R. 804 BOYNTON BEACH BLVD. (R/W PER F.D.O.T. SECTION 93220-2412 SHEET 3A OF 17) ,-35' R/W PER O.R.B. 2226, PG. 1037, P.B.C.R. ACREAGE SKETCH & DESCRIPTION CONSERVATION LAND A PORTION OF THE SOUTHWEST 1/4, OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST CRY OF BOYNTON BEACH, PALM SUCH COUNTY, FLORIDA _Z consu/ting eng/negrs J01 EAST A7LANDC BOULEVARD POMPANO BEACH, FLCRIDA 3"0-664J (954) 788-J400 FAX (954) 788-3500 ENA/L.• Inaffaeith-assmatestam LB NO. 6860 OAT 1/1310 SCALE AS SHOWN FIELD BK. N DWNG BY S.M. CNK. BY M.M.M. DATE I REW57ONS 3/5/121 UPDATED CERT. SHEET 2 OF 2 DRAWING NO. 07554.01 Book25156/Page552 Page 4 of 4 Page 503 of 710 12.D. NEW BUSINESS 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-125 - Approve a resolution by the City in support of proposal 61 of the Constitution Revision Commission. EXPLANATION OF REQUEST: CRC Proposal 61 - based on the idea that local decisions should be made by local communities. It says the state must justify passing policies that concentrate power in Tallahassee at the expense of local cities and taxpayers. Furthermore, it requires that state policies curtailing local rights pass by a two-thirds majority vote and be no broader than necessary. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: None ALTERNATIVES: Do not pass Resolution. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution Description Reso - Proposal 61 Page 504 of 710 1 RESOLUTION NO. R17- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, SUPPORTING THE CONSTITUTION REVISION 4 COMMISSION'S PROPOSAL 61 WHICH STRENGTHENS LOCAL 5 DECISION-MAKING; EMPOWERS PEOPLE BY LIMITING 6 GOVERNMENT; REQUIRES GREATER TRANSPARENCY AND 7 PROMOTES COMMONSENSE POLICYMAKING; DIRECTING 8 THE CITY CLERK TO PROVIDE COPIES TO THE 9 APPROPRIATE OFFICIALS AND PROVIDING AN EFFECTIVE 10 DATE. 11 WHEREAS, Proposal 61 is based on a simple idea: Local decisions should be made by 12 local communities, not distant government; and 13 WHEREAS, in a state as big and diverse as Florida, each city, town and village should 14 be governed by residents who are elected by the citizenry; and 15 WHEREAS, Proposal 61 says the state must justify passing policies that concentrate 16 power in Tallahassee at the expense of local cities and taxpayers and it requires that state 17 policies curtailing local rights pass by a two-thirds majority vote and be no broader than 18 necessary; and 19 WHEREAS, those are sensible, balanced checks against the aggressive expansion of 20 state powers; and 21 WHEREAS, Proposal 61 requires the state Legislature to provide at least 48 hours 22 public notice before restricting the decision-making rights of a city and its citizens; and 23 WHEREAS, state lawmakers, local leaders and all Floridians will then have time to 24 review bills that could restrict the rights and freedoms of local communities; and 25 WHEREAS, Proposal 61 says that any policy to restrict the rights of local communities 26 should be considered on its own merits, as a standalone bill, and not be tacked on to "must - 27 pass" legislation during the final hours of the legislative session, without the benefit of a full 28 debate in broad daylight. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. 1 C:\Users\Pylej\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content. Outlook\I YJIRKLR\Supporting Proposal 61 - Reso.Docx Page 505 of 710 34 Section 2. The City Commission hereby supports the Constitution Revision 35 Commission's Proposal 61 which strengthens local decision-making; empowers people by 36 limiting government; requires greater transparency and promotes commonsense policymaking. 37 Section 3. The City of Boynton Beach City Clerk is hereby directed to forward a 38 copy of this resolution to the Constitution Revision Commission Local Government Committee 39 Members as well as the Palm Beach County League of Cities, Florida League of Cities, the 40 Florida Association of Counties along with any other entities that the City Manager deems 41 appropriate. 42 Section 4. This Resolution will become effective immediately upon passage. 43 PASSED AND ADOPTED this day of , 201T 44 CITY OF BOYNTON BEACH, FLORIDA 45 46 YES NO 47 48 Mayor — Steven B. Grant 49 50 Vice Mayor — Justin Katz 51 52 Commissioner — Mack McCray 53 54 Commissioner — Christina L. Romelus 55 56 Commissioner — Joe Casello 57 58 59 VOTE 60 ATTEST; 61 62 63 64 Judith A. Pyle, CMC 65 City Clerk 66 67 68 69 (City Seal) 2 C:1u'sers\Pyle]\Appdata\Local\Microsoft\Windowffemporary Intemet Files\Content. Outlook\ I YJ I RKLR\Supporting Proposal 61 - Reso.Docx Page 506 of 710 13.A. LEGAL 12/5/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-034- SECOND READING -PUBLIC HEARING -Adopt the Boynton Beach Administrative Amendments to the 6th Edition (2017) of the Florida Building Code. (Due to holiday publishing delay item to be heard on 12-19-2017) EXPLANATION OF REQUEST: Based on Florida Statute 553.73 4(a) "Building Construction Standards", the state legislature has provided for local jurisdictions to modify Chapter 1 of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction. Accordingly the City of Boynton Beach Building Division has modified Chapter 1 of the Florida Building Code in conjunction with Palm Beach County to provide a greater consistency in the application and interpretation of the code on a county wide basis. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: Non -budgeted None ALTERNATIVES: Apply the Florida Building Code without the Administrative Amendments tailored to the specific requirements of the City of Boynton Beach and Palm Beach County. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 507 of 710 ATTACHMENTS: Type Description Ordinance approving Boynton each D Ordinance Adminbistrative Amendments to the Florida Building Code 6th Edition Boynton each Administrative Amendments to D Attachment the 6th Edition (2017) of the Florida Building Code with ChartsClean Boynton each Administrative Amendments to D Attachment the 6th Edition (2017) of the Florida Building Code with ChartsStrikethrough Page 508 of 710 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 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR THE ADOPTION OF THE BOYNTON BEACH ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE 6th EDITION (2017); PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 553.734(a), Florida Statutes, the City Commission may adopt amendments to the administrative provisions of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction, subject to the limitations in said statute; and WHEREAS, the City of Boynton Beach adopted the Boynton Beach Amendments to the 2010 Florida Building Code on March 6, 2012, June 4, 2013 and October 15, 2013; and WHEREAS, the City Commission hereby adopts the Boynton Beach Administrative Amendments to the Florida Building Code 6th Edition (2017); and WHEREAS, as required by law, such amendments will be transmitted to the State within 30 days after this enactment of the amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That the Boynton Beach Administrative Amendments to the Florida Building Code 6th Edition (2017), are hereby amended by adopting those provisions contained in Exhibit "A" which is attached hereto and incorporated herein by reference. Section 3. That ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, provided that in the event of a conflict with respect to the C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\849923B4-A90E-4D72-BEA3-AA0046316DFA\Boynton Beach.7713.1.BB_Admin _Admendments to_FLA Bldg_Code_6th_Ed (2017)_-_Ordinance.doc Page 509 of 710 30 administration of the building codes, existing administrative laws or rules of the City shall 31 control. 32 Section 4. Should any section or provision of this Ordinance or any portion 33 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 34 affect the remainder of this Ordinance. 35 Section 5. Authority is hereby given to codify this Ordinance. 36 Section 6. This Ordinance shall become effective immediately. 37 FIRST READING this day of , 2017. 38 SECOND, FINAL READING AND PASSAGE this day of , 2017. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 ATTEST: 57 58 59 60 Judith A. Pyle, CMC 61 City Clerk 62 63 64 65 66 (Corporate Seal) 67 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\849923B4-A90E-4D72-BEA3-AA0046316DFA\Boynton Beach.7713.1.BB_Admin _Admendments to_FLA Bldg_Code_6th_Ed (2017)_-_Ordinance.doc Page 510 of 710 BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the FLORIDA BUILDING CODE 6t" EDITION (2017) ORDINANCE NO. EFFECTIVE December 31, 2017 BEGINNING WITH PERMIT NO. 18-0001 City of Boynton Beach Division of Development Building Division 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 (561) 742-6350 Office (561) 742-6357 Fax This dofumentcan be down oaded anfine —at no charge — by vlsiUng the �Forms & Applications'section of the Bulfdny Divis,bn page on tae City of Boyn ton Beach website at.www. bo,yn ton -beach. orq I Page 511 of 710 PART I—SCOPE AND APPLICATION CHAPTER 1 ADMINISTRATION Table of Contents Section 101 GENERAL 3 Section 102 APPLICABILITY 5 Section 103 BUILDING DIVISION 10 Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 10 Section 105 PERMITS 13 Section 106 FLOOR AND ROOF LOADS 28 Section 107 CONSTRUCTION DOCUMENTS 29 Section 108 TEMPORARY STRUCTURES AND USES 41 Section 109 FEES 42 Section 110 INSPECTIONS 44 Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION 55 Section 112 SERVICE UTILITIES 57 Section 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 58 Section 114 VIOLATIONS 63 Section 115 STOP WORK ORDER 63 Section 116 UNSAFE STRUCTURES AND EQUIPMENT 64 Section 117 VARIANCES IN FLOOD HAZARD AREAS 67 Section 118 WIND LOADS 67 Section 119 SEVERABILITY 2 m.. Page 512 of 710 SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Florida Building Code, hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height, shall comply with the Florida Building Code, Residential. 2. Code Requirements that address snow loads and earthquake protection are pervasive; they are left in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. Appendix "F," in the Florida Building Code, Plumbing Volume, has been adopted as part of this chapter. 101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a 3 Page 513 of 710 warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. Further, no employee shall be liable in tort for damage from such conditions, in accordance with Section 768.28 Florida Statutes, as may be amended or replaced. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air- conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all matters governing the design and construction of buildings for energy efficiency. 4 Page 514 of 710 101.4.7 Existing buildings. The provisions of the Florida Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings. 101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility. 101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458, Florida Building Code. Building, and Rule 61-41 Florida Administrative Code. 101.4.10 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building Volume shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.11 Flood Damage Prevention. City of Boynton Beach Land Development Regulations (LDR) shall be considered part of the requirements of this code relative to flood control. Conflicting requirements between the Florida Building Code and Chapter 4, Article X, Flood Prevention Requirements of the LDR shall be resolved in favor of the requirement that offers the greatest degree of flood damage prevention or alternatives that would provide an equivalent degree of flood damage prevention and an equivalent method of construction. 101.5 Building Official. Whenever, the building official is mentioned in the code, it is also intended to mean the building official's designee, wherever applicable. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the sitting of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. Page 515 of 710 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building Code, Existing Building. The following buildings, structures and facilities, except for those located in a Special Flood Hazard Area are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d) Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Permits shall be required for structural support and tie down, electric supply and all other such utility connections to such mobile or modular structures as required by this jurisdiction. (f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. (g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound -recording equipment used in such production, on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non -wood features. (i) Family mausoleums not exceeding 250 square feet (23 mZ) in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. 0) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (k) A building or structure having less than 1,000 square feet (93 mZ) which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1, 2011, if the building or structure: 1. Is not rented or leased or used as a principal residence; 11 Page 516 of 710 2. Is not located within the 100 -year floodplain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map; and 3. Is not connected to an off-site electric power or water supply. (1) Service providers of water, sewer, storm, gas, cable, telephone, or other similar utility systems are exempt to the point of service connection for the building or structure. 102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes, facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements of the federal government. 102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: 1. The building or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection; and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class. 7. The requirements of Florida Building Code, Existing Building Volume, are also satisfied. 102.2.3 The building official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 7 Page 517 of 710 102.2.5 Each enforcement district shall be governed by a board, the composition of which shall be determined by the affected localities. 1. At its own option, each enforcement district or local enforcement agency may adopt rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code relating to: a. Addition, alteration, or repairs performed by the property owner upon his or her own property, provided any addition or alteration shall not exceed 1,000 square feet (93 mZ) or the square footage of the primary structure, whichever is less. b. Addition, alteration, or repairs by a non -owner within a specific cost limitation set by rule, provided the total cost shall not exceed $5,000 within any 12 -month period. c. Building and inspection fees. 2. However, the exemptions under subparagraph 1 do not apply to single-family residences that are located in mapped flood hazard areas, as defined in the code, unless the enforcement district or local enforcement agency has determined that the work, which is otherwise exempt, does not constitute a substantial improvement, including the repair of substantial damage, of such single- family residences. 3. Each code exemption, as defined in sub -subparagraphs 1a, 1b, and 1c shall be certified to the local board 10 days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it. 4. However, each enforcement district or local enforcement agency may establish an alternative permitting program for replacing nonstructural components of building systems in a residential dwelling unit. A licensed contractor performing such work for the resident shall also be exempt from individual permits and inspections if either the owner or the licensed contractor obtains a valid Annual Permit per Section 105.1.1 of this code and all such work is reported as required in Section 105.1.2 of this code for compliance evaluation. No added capacity, system expansion or new building work of any type shall be excluded from individual permit and inspection by this provision. 102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or two-family dwelling. Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. E3 Page 518 of 710 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section101.4, the provisions of this code or the Florida Codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard. 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Florida Building Code, Existing Building, the Florida Fire Prevention Code, and_101.4. 4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the Florida Building Code or Florida Residential Code, as applicable, for new construction or with any current permit for such occupancy. 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the Florida Fire Prevention Code, and 101.4. 4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable. E] Page 519 of 710 (3) A relocated building shall comply with the flood hazard area requirements of the new location, if applicable. 102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code except during reroofing when the equipment is being replaced or moved during reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof -mounted mechanical units. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 DIVISION OF BUILDING SAFETY 103.1 Creation of enforcement agency. The Division of Building Safety is hereby created and the official in charge thereof shall be known as the building official or Building Code Administrator. 103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. For the maintenance of existing properties, see 101.4.4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 103.4 Restrictions on employees. (Reserved). SECTION 104 DUTIES AND POWERS OF THE -BUILDING OFFICIAL 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and 10 Page 520 of 710 structures, and service systems, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the building official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the building official shall require the building to meet the requirements of Section 1612 and Section R322. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 104.6.2 When the building official obtains a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this code. 104.7 Division of_records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. 11 Page 521 of 710 Such records shall be retained in the official records for the period required for retention of public records per FS 119. 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee or board member because of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or employee or board member _of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the division of building safety. 104.10.1 Flood hazard areas. The building official shall coordinate with the floodplain administrator to review requests submitted to the building official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117. 12 Page 522 of 710 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. 104.12 Requirements not covered by code. Any requirements necessary for strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or other technical codes, shall be determined by the building official. SECTION 105 PERMITS 105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing, fire protection system, or accessible or flood resistant site element, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical or plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be 13 Page 523 of 710 assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual Facility permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. The building official is authorized to revoke such permit, if code violations are found to exist. 105.1.3 Food permit. In accordance with 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool. The local enforcing agency may not issue a building permit to construct, develop, or modify a public swimming pool without proof of application, whether complete or incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes. A certificate of completion or occupancy may not be issued until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with Chapter 553, Florida Statutes. The local enforcing agency may confer with the Department of Health, if necessary, but may not delay the building permit application review while awaiting comment from the Department of Health. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under this section do not relieve the owner or contractor from their duty to comply with applicable provisions of the Florida Building Code, and requirements of the local floodplain management ordinance. As determined by the building official, permits shall not be required for the following: Building: 1. Building permits are not required for replacement or repair work having a value of less than $1,000.00, providing, however, that such work will not adversely affect the structural integrity, fire rating, exit access or egress requirements. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work, with no electrical or plumbing work. 3. Temporary motion picture, television and theater sets and scenery. 14 Page 524 of 710 4. Traditional swings and other standard playground equipment accessory to detached one- and two-family dwellings, but they may be subject to Zoning permits. 5. Retractable awnings supported by an exterior wall and do not require additional support of Groups R-3 and U occupancies, but they may be subject to Zoning permits. 6. In the case of roofing repairs, a permit may not be required for work having a value of less than $500, unless such work effects the structural integrity of the roof. 7. The installation of one (1) accessory building (tool shed, etc.) per single family residence/lot, with the accessory building having a size less than or equal to 100 square feet. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 15 Page 525 of 710 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. 8. The installation, replacement, removal or metering of any electrical load management control device where installed by a utility service provider. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement of common household plumbing fixtures to existing supply lines and outlets in 1&2 Family Dwellings. This does not include water heaters, bathtubs, or showers. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. Notification shall be given to the building official, including the work address, nature of emergency, and scope of work immediately, or by the next business day. 105.2.2. Minor repairs. Ordinary minor repairs may be made with the approval of the building official without a permit, provided the repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. M., Page 526 of 710 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the division of building Safety for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. Effective October 1, 2017, a local enforcement agency shall post each type of building permit application on its website. Completed applications must be able to be submitted electronically to the appropriate division of building safety. Accepted methods of electronic submission include, but are not limited to, e- mail submission of applications in portable document format or submission of applications through an electronic fill-in form available on the division of building safety's website or through a third -party submission management software. Payments, attachments, or drawings required as part of the permit application may be submitted in person in a non -electronic format, at the discretion of the building official. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefore. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the building official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, Florida college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges, and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $125,000. 17 Page 527 of 710 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Heating, ventilation, and air-conditioning documents for any new building or addition which requires more than a 15 -ton -per -system capacity which is designed to accommodate 100 or more persons or for which the system costs more than $125,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one, two, three or four -family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of $125,000 or less; and when a 15 -ton -per system or less is designed for a singular space of a building and each 15 -ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1: When a space has two 10 -ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. Example 2: Consider a small single -story office building which consists of six individual offices where each office has a single three -ton package air conditioning heat pump. The six heat pumps are connected to a single water cooling tower. The cost of the entire heating, ventilation and air-conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18 -ton system. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 4. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. 5. Electrical documents. (See Florida Statutes, Section 471.003(2)(h)). Any electrical or plumbing or air conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. Any system which: 18 Page 528 of 710 1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value greater than $125,000; and 2.a. Requires an aggregate service capacity of greater than 600 amperes (240 volts) on a residential electrical system or greater than 800 amperes (240 volts) on a commercial or industrial electrical system; b. Requires a plumbing system with more than 250 fixture units; or c. Requires a heating, ventilation, and air-conditioning system which exceeds a 15 -ton - per -system capacity, or if the project is designed to accommodate more than 100 persons. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 6. All public swimming pools and public bathing places defined by and regulated under Chapter 514, Florida Statutes 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing, or for any 180 day period of abandonment or suspension during the application process, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing prior to the abandonment date, with justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. The fee for renewal, re -issuance, and extension of a permit application shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit application extensions and renewals. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, such as the requirement for Home or Property Owners Association approval, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 19 Page 529 of 710 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes. 105.3.6 Asbestos removal contractor exemption. Refer to Section 105.9 for additional requirements. A licensed asbestos removal contractor is not required when moving, removal or disposal of asbestos -containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner -builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos -containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition, provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit, specifically, without limitation, date of execution, building owner or dealer, and anticipated date of completion. However, the construction activity must commence within 6 months of the contract's execution. The contract is subject to verification by the Department of Business and Professional Regulation. 105.3.8 Public right of way. A permit shall not be given by the building official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has received a right of way permit from the authority having jurisdiction over the street, alley or public lane 20 Page 530 of 710 105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of any other federal, state and local laws, ordinances, codes and regulations. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of any other federal, state and local laws, ordinances, codes and regulations shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction or of any other federal, state and local laws, ordinances, codes and regulations. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit, or revalidation (renewal) of the original permit, is not obtained within 180 days from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process, or due to action by an environmental or archeological agency having jurisdiction. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 3 months each. The extension shall be requested in writing and justifiable cause demonstrated, prior to expiration. 105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit extensions and renewals. 21 Page 531 of 710 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The permit holder and property owner shall be responsible to either: (1) Complete the work: renew the permit, if applicable, or obtain a new permit to complete all work in accordance with the permitted plans and inspection or (2) Remove the work: renew the permit and revise the plans, if applicable, or obtain a new permit to remove any partially completed work in a safe and code compliant manner. Any work not removed shall be subject to the penalties for unpermitted work. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated as determined by the building official. 105.5.1 The building official is authorized to reject new permit applications from a contractor who holds more than (1) expired or inactive permits. 105.5.1.1 For the purposes of this subsection, a closed permit shall mean a permit for which all requirements for completion have been satisfied or a permit that has been administratively closed by the building official. 105.5.1.2 For the purposes of this subsection, an open permit shall mean a permit that has not satisfied all requirements for completion as defined in 105.5.1.1. 105.5.2 The building official is authorized to administratively close expired or inactive trade permits after (10) years of expiration when no safety hazard exists and no code violations have been previously identified. 105.5.3 Closing out or resolving open or expired permits shall be the responsibility of the permit applicant and the property owner. Failure to close out or resolve open permits may be reported to the proper authority by the building official. 105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the plan, or the construction, erection, alteration, modification, repair, or demolition of a building, is found by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit applicant. 105.6.1 Misrepresentation of application. The building official may revoke a permit or approval, issued under the provisions of this code, when there has been any false statement or 22 Page 532 of 710 misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 105.6.2 Violation of code provisions. The building official may require correction or revoke the permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement. In accordance with Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 14 -point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. Refer to Section 105.3.6 "Asbestos Removal Contractor Exemption" of this code for additional requirements. 105.10 Certificate of protective treatment for prevention of termites. A weather -resistant job -site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document requirements. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon written request and approval of the building official, the scope of work delineated in the building permit application and plan may be started prior to 23 Page 533 of 710 the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. 105.13 Phased permit approval. After submittal of the appropriate construction documents, the building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. 105.14 Permit issued on basis of an affidavit. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the building official. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official (See also Section 107.6). Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance requirements of the Florida Building Code. 105.15 Opening protection. When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single-family detached residential structure that is located in the wind borne debris region as defined in this Code and that has an insured value of $750,000 or more, or, if the site built single-family detached residential structure is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of $750,000 or more; opening protections as required within this Code or Florida Building Code, Residential for new construction shall be provided. Exception: Single family residential structures permitted subject to the Florida Building Code are not required to comply with this section. 24 Page 534 of 710 105.16 Inspection of existing residential building not impacted by construction. (a) A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one- or two-family residential building permit the inspection of any portion of a building, structure, or real property that is not directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought. (b) This subsection does not apply to a building permit sought for: 1. A substantial improvement as defined in Section 161.54, Florida Statutes or as defined in the Florida Building Code. 2. A change of occupancy as defined in the Florida Building Code. 3. A conversion from residential to nonresidential or mixed use pursuant to Section 553.507(2)(a), Florida Statutes or as defined in the Florida Building Code. 4. A historic building as defined in the Florida Building Code. (c) This subsection does not prohibit a local enforcing agency, or any local building code administrator, inspector, or other official or entity, from: 1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection conducted in accordance with the prohibition in paragraph (a). 2. Inspecting a physically nonadjacent portion of a building, structure, or real property that is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph (a). 3. Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building, structure, or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph (a). 4. Inspecting any portion of a building, structure, or real property pursuant to an inspection warrant issued in accordance with Sections 933.20-933.30, Florida Statutes. 105.17 Streamlined low -voltage alarm system installation permitting. (1) As used in this section, the term: (a) "Contractor" means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489. 25 Page 535 of 710 (b) "Low -voltage alarm system project" means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in s. 489.505, that is hardwired and operating at low voltage, as defined in the National Electrical Code Standard 70, Current Edition, or a new or existing low -voltage electric fence, and ancillary components or equipment attached to such a system or fence, including, but not limited to, home -automation equipment, thermostats, closed-circuit television systems, access controls, battery recharging devices, and video cameras. (c) "Low -voltage electric fence" means an alarm system, as defined in s. 489.505, that consists of a fence structure and an energizer powered by a commercial storage battery not exceeding 12 volts which produces an electric charge upon contact with the fence structure. (d) "Wireless alarm system" means a burglar alarm system or smoke detector that is not hardwired. (2) Notwithstanding any provision of law, this section applies to all low -voltage alarm system projects for which a permit is required by a local enforcement agency. However, a permit is not required to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or equipment attached to the system. (3) A low -voltage electric fence must meet all of the following requirements to be permitted as a low - voltage alarm system project, and no further permit shall be required for the low -voltage alarm system project other than as provided in this section: (a) The electric charge produced by the fence upon contact must not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission Standard No. 60335-2-76, Current Edition. (b) A nonelectric fence or wall must completely enclose the low -voltage electric fence. The low -voltage electric fence may be up to 2 feet higher than the perimeter nonelectric fence or wall. (c) The low -voltage electric fence must be identified using warning signs attached to the fence at intervals of not more than 60 feet. (d) The low -voltage electric fence shall not be installed in an area zoned exclusively for single-family or multi -family residential use. (e) The low -voltage electric fence shall not enclose the portions of a property which are used for residential purposes. (4) This section does not apply to the installation or replacement of a fire alarm if a plan review is required. (5) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to be used for the installation or replacement of a new or existing alarm system at a cost of not more than $40 per label per project per unit. The local enforcement agency may not require the Page 536 of 710 payment of any additional fees, charges, or expenses associated with the installation or replacement of a new or existing alarm system. (a) A local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit any information other than identification information of the licensee and proof of registration or certification as a contractor. (b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the local enforcement agency that issued the label. A contractor may purchase labels in bulk for one or more unspecified current or future projects. (6) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low -voltage alarm system project site before commencing work on the project. (7) A contractor is not required to notify the local enforcement agency before commencing work on a low -voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low - Voltage Alarm System Project as provided under subsection (8) to the local enforcement agency within 14 days after completing the project. A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a Uniform Notice of a Low -Voltage Alarm System Project. (8) The Uniform Notice of a Low -Voltage Alarm System Project may be submitted electronically or by facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative of such persons. The Uniform Notice of a Low -Voltage Alarm System Project must contain the following information: UNIFORM NOTICE OF A LOW -VOLTAGE ALARM SYSTEM PROJECT Owner's or Customer's Name Owner's or Customer's Address City State Zip Phone Number E-mail Address Contractor's Name Contractor's Address 27 Page 537 of 710 City State Zip Phone Number Contractor's License Number Date Project Completed Scope of Work Notice is hereby given that a low -voltage alarm system project has been completed at the address specified above. I certify that all of the foregoing information is true and accurate. (Signature of Owner, Tenant, Contractor, or Authorized Representative) (9) A local enforcement agency may coordinate directly with the owner or customer to inspect a low - voltage alarm system project to ensure compliance with applicable codes and standards. If a low -voltage alarm system project fails an inspection, the contractor must take corrective action as necessary to pass inspection. (10) A municipality, county, district, or other entity of local government may not adopt or maintain in effect any ordinance or rule regarding a low -voltage alarm system project that is inconsistent with this section. (11) A uniform basic permit label shall not be required for the subsequent maintenance, inspection, or service of an alarm system that was permitted in accordance with this section. The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in accordance with the applicable provisions of chapter 489, Florida Statutes. SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. 28 Page 538 of 710 SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by Chapter 471, Florida Statutes & 61G15 Florida Administrative Code or Chapter 481, Florida Statutes & 61G1 Florida Administrative Code. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Electronic media documents shall be submitted when required by the building official, in a format acceptable to the building official, and may require only one set of submittals. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. If the design professional is an architect, interior designer, or engineer legally registered under the laws of this state regulating the practice of architecture or interior design as provided for in Chapter 481, Florida Statutes, Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, or engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official seal to said drawings, specifications and accompanying data, as required by Florida Statute. 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.6. 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. 107.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a 29 Page 539 of 710 statement by an architect or engineer certifying suitability for the specific site must be submitted with the construction documents. 107.2.1.2 Additional data. The building official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their official seal, signature and date as state law requires. 107.2.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper, cloth or other acceptable medium. The building official may establish, through Departmental policy, other standards for plans and specifications, including electronic format, in order to provide conformity to its electronic permit review and record retention program. This policy may include such things as minimum size, shape, contrast, clarity, or other items related to records management. Electronic media must be compatible with the archive requirements of Florida Statutes. 107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water -resistive membrane and details around openings. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it 30 Page 540 of 710 shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1. 107.2.5.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the form of an electronic copy at the worksite. These plans must be open to inspection by the building official or a duly authorized representative, as required by the Florida Building Code. 107.2.6 Structural information. The construction documents shall provide the information specified in Section 1603. 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state -approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to FAC 61-41.009, Florida Administrative Code, shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2. Industrial construction on sites where design, construction and fire safety are supervised by appropriately licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval by the building official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire -safety inspectors. 107.3.1 Approval of construction documents. When the building official issues a permit, the construction document shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 31 Page 541 of 710 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. 107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner or the owner's authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner's authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner's authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Those products which are regulated by FAC Rule 61G20 shall be reviewed and approved in writing by the designer of record prior to submittal for jurisdictional approval. 107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. 107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person 32 Page 542 of 710 licensed under Chapter 471, Florida Statutes, or Chapter 481 Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind -resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes. 107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the building official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior elevations: Commercial Buildings: Building 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve (PIV) Set back/separation (assumed property lines) Location of specific tanks, water lines and sewer lines Flood hazard areas, flood zones, and design flood elevations 2. Occupancy group and special occupancy requirements shall be determined (with cross check with the energy code submittal). 3. Minimum type of construction shall be determined (see Table 503). 4. Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draftstopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems 33 Page 543 of 710 Riser diagram 6. Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic 7. Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8. Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope Impact resistant coverings or systems Structural calculations (if required) Foundation Flood requirements in accordance with enclosures, flood damage -resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems Section 1612, including lowest floor elevations, 9. Materials shall be reviewed and shall at a minimum include the following: Wood Steel 34 Page 544 of 710 Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofing Insulation Building envelope portions of the Energy Code (including calculation and mandatory requirements) 10. Accessibility requirements shall include the following: Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11. Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation (including corresponding portion of the energy code) Sanitation 12. Special systems: Elevators Escalators Lifts 13. Swimming pools: Barrier requirements Spas Wading pools 14. Location and installation details. The specific location and installation details of each fire door, fire damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans by the designer. Electrical 35 Page 545 of 710 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCIs Electrical portions of the Energy Code (including calculation and mandatory requirements) 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 8. Design flood elevation Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation Page 546 of 710 10. Location of water supply line 11. Grease traps 12. Environmental requirements 13. Plumbing riser 14. Design flood elevation 15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements) Mechanical 1. Mechanical portions of the Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof -mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10. Chimneys, fireplaces and vents 11. Appliances 12. Boilers 13. Refrigeration 37 Page 547 of 710 14. Bathroom ventilation 15. Laboratory 16. Design flood elevation Gas 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 10. Design flood elevation 11. Gas portions of the Energy Code (including calculation and mandatory requirements) Demolition 1. Asbestos removal Residential (one- and two-family): 1. Site requirements: Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Smoke detector locations 4. Egress Egress window size and location stairs construction requirements 38 Page 548 of 710 5. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials, connector tables, and structural calculations (if required) Termite protection Design loads Wind requirements Building envelope Foundation Wall systems Floor systems Roof systems Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment, and flood damage -resistant materials 6. Accessibility requirements: show/identify accessible bath 7. Impact resistant coverings or systems 8. Residential Energy Code submittal (including calculation and mandatory requirements) 9. Electrical: Electric service riser with wire sizes, conduit detail and grounding detail Complete load calculations, Panel schedules 10. Mechanical: Equipment and location, Duct systems 11. Plumbing: Plumbing riser 12. Gas: Gas piping Venting Combustion air Chimneys and vents Appliances 39 Page 549 of 710 Type of gas Fireplaces LP tank location Riser diagram/shutoffs 13. Energy Calculations 14. Swimming Pools Barrier requirements Spas Wading pools Manufactured buildings/housing - 1. Site requirements Setback/separation (assumed property lines) Location of septic tanks (if applicable) 2. Structural Wind zone Anchoring Blocking 3. Plumbing List potable water source and meter size (if applicable) 4. Mechanical Exhaust systems Clothes dryer exhaust Kitchen equipment exhaust 5. Electrical exterior disconnect location Exemptions. Plans examination by the building official shall not be required for the following work: 1. Replacing existing equipment such as mechanical units, water heaters, etc.; 2. Reroofs (as determined by local jurisdiction); 3. Minor electrical, plumbing and mechanical repairs; 4. Annual maintenance permits; 40 Page 550 of 710 5. Prototype plans: Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver; or 6. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed above in manufactured buildings/housing. 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. 107.6 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official (See also Section 105.14). 107.6.1 Building permits issued on the basis of an affidavit in special flood hazard areas. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Parts 59 and 60), the authority granted to the building official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. SECTION 108 TEMPORARY STRUCTURES AND USES 41 Page 551 of 710 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70. 108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure to be removed or use to be discontinued. SECTION 109 FEES 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 109.1.1 Other fees. A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees, water and sewer capital facility fees, City Park & Recreation fees, Fire Division fees, City Green Building Fee, Palm Beach County Impact fees and State of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Division fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances. The City Green Building fee is established in the City of Boynton Beach Code Land Development Regulations Chapter 2, Article 1, Section 5. The city may elect to collect Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public Places fee (30% of the total Art fee) is due prior to permit issuance. 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following: • Permits; • Plans examination; 42 Page 552 of 710 • Certificates of competency (including fees for applications, examinations, renewal, late renewal, and reciprocity); • Re -inspections; • Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board); • Variance requests; • Administrative appeals; • Violations; and • Other fees as established by local resolution or ordinance. 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. 109.3.1 Exemptions. Manufacturing Equipment: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than $10,000 dollars if the following criteria are met: 1. Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece of equipment to be exempted. 2. Equipment must be purchased directly by the owner. 3. Equipment cannot not be an integral part of the building, building envelope, building system, and/or essential to the operation of the building. 4. The nature of equipment shall be that if a business was to cease to exist or relocate the equipment would be easily removed from the building. Note: All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject to permit fees. 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits or 43 Page 553 of 710 without prior approval from the building official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established by the building official that shall be in addition to the required permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within one (1) business day and any unreasonable delay in obtaining those permit(s) shall result in the charge of a quadruple fee. The payment of a quadruple fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The building official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing. 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 109.6 Refunds. All permit fees under this section are non-refundable and non -transferable. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain accessible and exposed for inspection purposes. The building official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.1.1 Manufacturers and fabricators. When deemed necessary by the building official, he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.1.2 Inspection service. The building official may make, or cause to be made, the inspections required by Section 110. He or she may accept reports of division inspectors, independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure, qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the building official. The building official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468 Florida Statues. 44 Page 554 of 710 The building official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I construction; 2. For all major structural alterations; 3. Where the concrete design is based on compressive strength in excess of 3000 pounds per square inch; 4. For pile driving; 5. For buildings with an area greater than 20,000 square feet; 6. For buildings more than two stories in height; or 7. For buildings and structures of unusual design or methods of construction. Such inspectors shall be present when work is underway on the structural elements -of the building to adequately attest to its compliance. Such inspectors shall be a®registered architect, or engineer. An employee of the architect or engineer licensed ®under Chapter 468, Part XII, Florida Statutes may perform the inspections, under the direction of and with final certification from the architect or engineer. Such inspectors shall submit weekly progress reports including the daily inspections to the building official, and including a code compliance opinion of the resident inspector. At the completion of the construction work or project, the architect or engineer shall submit a certificate of compliance to the building official, stating that the work was -done in compliance with this code and in accordance with the permitted drawing._Final inspection shall be made by the building official before a Certificate of_Occupancy or Certificate of Completion is issued; and confirmation inspections maybe made at any time to monitor activities and resident inspectors. 110.1.3 Affidavit for inspection. With specific prior approval of, and in a format_ acceptable to the building official, an affidavit for certification of inspection may be_accepted from the permit qualifier; when accompanied by extensive photographic_ evidence of sufficient detail to demonstrate code compliance. The photographicevidence shall be comprehensive in the display of the installation and/or construction_ and job location identifiers. The affidavit and accompanying photographs shall be_provided to the inspector onsite, at the next scheduled inspection. If the photographs_are found to be insufficient by the building official to demonstrate compliance with thiscode and/or the permitted document, or clearly display location identifiers, or are_missing, the inspector shall require the contractor to obtain the services of a Registered Florida Professional Engineer to inspect and certify the installation and/or construction. 45 Page 555 of 710 110.1.3.1 Exception: Affidavits may not be accepted for inspection of—elements of construction which require inspection by the local jurisdiction_ under the requirements of 44CFR59 and 44CFR60 and the local flood damage prevention ordinance. 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Existing building inspections. Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He/she may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. He/she shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in Florida Building Code, Existing Building Volume, may apply. 110.3 Required inspections. The building official upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. A. Building 1. Foundation inspection. To be made after trenches are excavated, forms erected, and required reinforcing steel is in place, . The Foundation inspection shall at a minimum include the following building components: • Stem -wall • Monolithic slab -on -grade • Piling and pile caps • Footings/grade beams 1.1. Slab Inspection: Concrete slab and under -floor inspections shall be made after in -slab or under -floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for Page 556 of 710 review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string -up all property lines in preparation for inspection. At contractors own risk. 1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction, the elevation certification shall be submitted to the Authority having Jurisdiction. Any locations Outside of the flood hazard area the contractor shall meet the minimum requirements for Habitable Finish Floor above the crown of the road per Chapter 4, Article X, Flood Prevention Requirements of the LDR. 2. Construction Inspections 2.1 Lintel/tie beams/columns/masonry units. To be made after masonry units, forms, reinforcing steel, shoring, conduit, piping accessories, and other ancillary equipment items are in place, but before any concrete is placed. 2.2 Sheathing inspection. To be made either as part of a dry -in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: • Roof sheathing • Wall sheathing • Floor sheathing • Sheathing fasteners • Roof/wall dry -in. • Gypsum board, as required • Sheathing/cladding inspection NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and corrected prior to installation of the dry -in material. Exception: ring shank nails shall be bent over and a new fastener installed. 2.3 Framing inspection. To be made after the roof deck or sheathing, all framing, fireblocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: • Window/door framing and installation. Verify rough opening dimensions are within tolerances, buck and attachments. • Lintel/tie beams complete, if applicable. • Framing/trusses/bracing/connectors (including truss layout drawings) • Draft stopping/fire blocking • Curtain wall framing 47 Page 557 of 710 • Fire resistant assemblies, joints and penetrations, as required • Accessibility. 3. Roofing inspection. Shall at a minimum include the following building components: • Dry -in • Insulation • Roof coverings (including in -progress) • Flashing 4. Energy insulation, thermal and ignition barriers 5. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire -resistance- rated assembly or a shear assembly, unless otherwise determined by the building official. 6. Final inspection. To be made after the building, including all sub -trade inspections, are completed and ready for occupancy. 6.1. Elevation Certificate. As part of the final inspection, an elevation certificate shall be submitted to the authority having jurisdiction. 6.2. A final survey prepared and certified by a registered surveyor may be required at time of final inspection when applicable. 7. Swimming pool inspection. • First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete shell. • Underground electric inspection • Underground piping inspection including a pressure test • Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in placed. • Final electric inspection to be made prior to filling the swimming pool with water. • Final permanent barrier inspection to be made prior to filling the swimming pool with water. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. • Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. 48 Page 558 of 710 • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. 8. Demolition inspections. • First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. • Final inspection to be made after all demolition work is completed. 9. Manufactured building inspections. The division of building safety shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities (see Section 423.27.20 of this code). 10. Where impact -resistant coverings or impact resistant systems are installed, the building official shall schedule adequate inspections of impact -resistant coverings or impact resistant systems to determine the following: • The system indicated on the plans was installed. • The system is installed in accordance with the manufacturer's installation instructions and the product approval. Electrical 1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough -in inspection. To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Low Voltage: To be made for security, alarm, elevator, and special uses. 4. Final inspection. To be made after the building electrical system is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. 5. Existing Swimming Pools. To be made after all repairs or alterations are complete, all required electrical equipment, GFCI protection, and equipotential bonding are in place on said alterations or repairs. Plumbing 49 Page 559 of 710 1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough -in inspection. To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. -includes plumbing provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building plumbing system is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section 312 of the Florida Building Code, Plumbing for required tests. Mechanical Gas 1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough -in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. -includes mechanical provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building mechanical system is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. -includes gas provisions of the energy code and approved calculations provisions. 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all 50 Page 560 of 710 the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris 1.The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles during the course of the construction project and prior to receiving final inspection approval. Construction job sites must be kept clean and in a safe condition at all times. 2. All debris shall be kept in such a manner as to prevent it from being spread by any means. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 110.3.2 Concrete slab and under -floor inspection. Concrete slab and under -floor inspections shall be made after in -slab or under -floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification shall be submitted to the building official. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. 110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire -resistance -rated assembly or a shear assembly. 110.3.6 Fire- and smoke -resistant penetrations. Protection of joints and penetrations in fire -resistance rated assemblies, smoke barriers and smoke partition shall not be concealed from view until inspected and approved. 110.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with FBC, Energy Conservation and -confirm with the approved energy code submittal (by appropriate trade) 51 Page 561 of 710 and corresponding mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope insulation R- and U -values, fenestration U -value and Solar Heat Gain Coefficient, duct system R -value, and HVAC, lighting, electrical and water -heating equipment efficiency. 110.3.8 Other inspections. In addition to the inspections specified in Sections 110.3 through 110.3.7, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the division of building safety. 110.3.9 Special inspections. Reserved. 110.3.10 Inspections prior to issuance of Certificate of Occupancy or Completion. The building official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the Certificate of Occupancy or Certificate of Completion. In performing inspections, the building official or designee shall give first priority to inspections of the construction, addition, or renovation to, any facilities owned or controlled by a state university, state community college or public school district. 110.3.11 Final inspection. The final inspection shall be made after all work required by the building permit(s) is completed. 110.3.10.1 Flood hazard documentation. If located in a flood hazard area, shall be submitted to the building official prior to the final inspection. 110.3.10.2 Energy Code documentation. If required by energy code path submittal, confirmation that commissioning result requirements have been received by building owner. 110.3.11 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.7, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the building official has been received. 110.3.12 Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to meet requirements of this code, the building official shall schedule adequate inspections of impact resistant coverings or systems to determine the following: 1. The system indicated on the plans was installed. 2. The system is installed in accordance with the manufacturer's installation instructions and the product approval. 52 Page 562 of 710 110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. 110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, prior to any required mandatory inspections by the threshold building inspector. 110.8 Threshold building. 110.8.1 The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the building official, the architect, or the engineer of record. The contractor's contractual or statutory obligations are not relieved by any action of the special inspector. 110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification, or number -of -stories criteria which would result in classification as a threshold building under Section 553.71(7), Florida Statutes, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. 110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an architect. 53 Page 563 of 710 110.8.4 Each enforcement agency shall require that, on every threshold building: 110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief, the above described construction of all structural load-bearing components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency." 110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. 110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire -safety standards as determined by the local authority in accordance with this Section and Chapter 633, Florida Statutes. 110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 110.8.6 The division of building safety may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the division of building safety. The building official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code. 110.9 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner. This includes, but is not limited to, the control of dust, noise, water or drainage run-offs, debris, and the storage of construction 54 Page 564 of 710 materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new residential development, including additions, pools, patios, driveways, decks or similar items, on existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed professional, as appropriate under Florida law, shall be submitted to the inspector in order to receive approval of the final inspection. 110.10 Storm Shutter Placement during Hurricane Season. 110.10.1 After the termination of such periods of time that had been designated by the National Weather Service as being a hurricane watch or warning, hurricane protective devices installed on occupied buildings which impede required egress or required light and ventilation shall be removed within 15 days. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2. 111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the division of building safety, the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner or the owner's authorized agent. 4. A description of that portion of the structure for which the certificate is issued. 55 Page 565 of 710 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as -built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction 7. The name of the building official. 8. The edition of the code under which the permit was issued. 9. The use and occupancy, in accordance with the provisions of Chapter 3. 10. The type of construction as defined in Chapter 6. 11. The design occupant load. 12. If an automatic sprinkler system is provided, whether the sprinkler system is required. 13. Any special stipulations and conditions of the building permit. 111.3 Temporary/partial occupancy. A temporary/partial Certificate of Occupancy or Certificate of Completion may be issued for a portion or portions of a building that may safely be occupied prior to final completion of the building. The building official may require, once all life safety issues have been complied with, an applicant to provide adequate cash surety for unfinished work or revision of plans until a permanent Certificate of Occupancy or Certificate of Completion is granted. The purpose of the cash surety is to insure completion of work under this permit. Such cash surety shall be equal to one hundred ten percent (110%) of the estimated value of the remaining work, including labor and material, as determined by the design professional. The design professional shall submit a signed and sealed document attesting to the amount required to cover the cash surety. If work has not been completed and all finals requested within 90 days of issuance of the initial Temporary/Partial Certificate of Occupancy or Certificate of Completion, the building official retains the right to have the applicant surrender the cash surety. The building official then may use the surety to finish the remaining work. The surety shall be in the form of cash money, certified check, or cashiers check. The surety shall be returned upon approval of all final inspections and upon written request that has been approved by the building official. This provision is only for the Florida Building Code, all other Agency approvals necessary for construction must be secured prior to this provision being applied. 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or 9 L1.1 Page 566 of 710 structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 111.5 Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy. 111.6 Fixturing and Stocking. The building official is authorized to issue approval for fixturing, stocking, training, or decorating, when appropriate, to allow the builder to prepare the structure for permanent occupancy. The building may not be open to the general public or be used for the transaction of any commerce. Such approval must be conditioned upon the approval of the Fire Marshal, when applicable. 111.7 Digital Submittal Requirements for New Construction. 111.7.1 Building Footprints. The building official is authorized to require the submittal of digital shape (CAD) files, in a specific format, depicting a geo-referenced footprint with elevation for all new structures as a condition of the issuance of a Certificate of Occupancy. 111.7.2 Subdivision Topography. The building official is authorized to require the submittal of electronic topographical data for all new subdivisions over five acres or five lots for the purposes of updating and maintaining the community's flood maps. SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. 57 Page 567 of 710 SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 113.1 Appointment. There is hereby established a board to be called the Building Board of Adjustment and Appeals, which shall consist of seven members and two alternates. The applicable governing body shall appoint the Board. 113.2 Membership and Terms. 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include, to the greatest extent possible, an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he or she has a personal or financial interest. 113.2.2.1 Terms. The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12 -month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. 113.2.2.2. Removal from office. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three (3) consecutive meetings or a failure to attend more than one-half of the meetings scheduled during a calendar year. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this provision shall not continue to serve on the board and such removal shall create a vacancy. 113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the building official, not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote. 58 Page 568 of 710 113.2.4 Secretary of board. The building official or his/her authorized representative shall act as secretary of the board and shall make a record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 113.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in 113.4 of this code, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. 113.4 Appeals. 113.4.1 Decision of the building official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the building official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case, which the building official has rejected or refused. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113.4.2 Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 59 Page 569 of 710 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. 113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period. 113.5 Procedures of the board. .f Page 570 of 710 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman, subsequent to a request to call a meeting by the secretary. The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the chairman, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The Board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida, in which case, said evidence shall be signed, sealed, and dated. 113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or question, any witness before the Board. Any member of the Board, the petitioner or his/her attorney, and/or the building official shall be permitted to inquire of any witness before the Board. The Board may consider testimony presented by the building official, the petitioner, or any other witness. 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. 113.6 Local Construction Regulation Board. The local government may also utilize this Board to convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if the LCRB has found such contractor, through public hearing, to be guilty of fraud or a willful building code violation within the county 61 Page 571 of 710 or municipality that the LCRB represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if it has proof through the public hearing process, that a contractor has been found guilty in another county or municipality within the past 12 months, of fraud or a willful building code violation and after providing notice of an opportunity to be heard to the contractor, finds that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the LCRB represents. Notification of and information concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to deny the permit. LM Page 572 of 710 SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 114.5 Enforcement. Nothing in this section shall prevent the authority having jurisdiction from imposing fines, liens, or seek injunctive relief, or exercising other enforcement powers as permitted by law. Code enforcement and penalties of Chapter 162 Florida Statutes Part I shall be authorized if building work begins without payment of all required fees, and for the purposes of enforcing this code, code officials licensed under Florida Statute 468 Part XII are deemed "Code Inspectors," as defined in Florida Statute 162.04. SECTION 115 STOP WORK ORDER 115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the 63 Page 573 of 710 order and the conditions under which the cited work will be permitted to resume. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the building official to be abated by the owner, through repair and rehabilitation or by demolition in accordance with the this Code. The extent of repairs shall be determined by the building official. When the building official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. 116.1.1 When the building official determines a building, structure, electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall provide the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system a written notice of violation stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. 116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to the record owner(s) of the real property upon which the unsafe building, structure, system is located, the building official shall post a copy of the notice in a conspicuous place in City Hall, upon the building, structure or system, and a copy shall be recorded in the public records of Palm Beach County. 116.1.1.2 In addition, a copy of the notice, as outlined in this sub -section, shall be published simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall be substantially in the following form: 64 Page 574 of 710 NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT (Insert Date of Notice) The owner or other interested parties for the structure located at (address), are hereby notified that the City of Boynton Beach, Florida will proceed to have the building, structure or system repaired, demolished or removed (insert stipulated time) after the date of this Notice, if said building, structure or system is not substantially repaired, demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. If, as a result of this Notice, the building, structure or system is substantially repaired, demolished, or removed by the owner, notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving certification of code compliance. To request an extension of time, the owner should contact (Contact Person and Phone Number) within ten (10) days of the date of this Notice. Said request for extension must be made in writing to the building official. An affected owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent, at the City of Boynton Beach Building Division Office, within (insert stipulated time) of the date of this Notice. The fee to cover hearing costs shall be established by ordinance. 116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice, as provided herein, together with a copy of the recorded "Notice of Intent to Demolish or Substantially Repair and Inspect" at the Clerk of the Court Office, and proof of publication, shall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the owner actually received said notice. 65 Page 575 of 710 116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the building official. The building official shall post at each entrance to the building a placard stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other servants, to remove the posting without written permission of the building official, or for any person to enter the building, or use the building or system(s) except for the purpose of making the required repairs or of demolishing same. 116.1.3 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the building official, after having ascertained the cost may take action to cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation on the part of the building official to continue with maintaining such building, structure, or system; or create liability for any damage to the property. 116.1.4 The decision of the building official shall be final in cases of emergency, which, in the opinion of the building official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 116.2 Reserved. 116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period Page 576 of 710 following mailing of the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 1. The building official shall assess the entire cost of such vacation, demolition, securing, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses, and shall constitute a lien upon such property superior to all others except taxes. 2. The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien, the amount thereof and an accurate legal description of the property, including the street address, which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons. After three (3) months from the filing of any such lien which remains unpaid, the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. 116.4 Appeal. The owner, agent, or person in control of an unsafe structure or system shall have the right to appeal the decision of the building official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice. SECTION 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the building official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. SECTION 118 WIND LOADS (Section 1609, Florida Building Code) 67 Page 577 of 710 The basic wind speed in miles per hour, for development of wind loads, shall be determined from figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure 1609B, and Figure 1609C is hereby added to this code. SECTION 119 SEVERABILITY If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. 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EFFECTIVE a ._ 7-._ _m -December 31. 201. BEGINNING WITH PERMIT NO. 4&4;-1841.8-0001. City ,& "- -- City of Boynton Beach Division of Development Building Division 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 (561) 742-6350 Office (561) 742-6357 Fax 1 Page 582 of 710 This dof ument fare be downlmded onfine — atno f harge — by vlsiUng the Forms & AppNf ations" section of the Bulld,Tng Divis,bn page on the City of Bo tare Becx-h website at.www boton -beoc.h. ong Page 583 of 710 CHAPTER 1 ADMINISTRATION Table of Contents Section 101 GENERAL 23 Section 102 APPLICABILITY Section 103 BUILDING DIVISION 93.0 Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 93.0 Section 105 PERMITS -.43.3 Section 106 FLOOR AND ROOF LOADS Section 107 CONSTRUCTION DOCUMENTS n29 Section 108 TEMPORARY STRUCTURES AND USES J. Section 109 FEES Z Section 110 INSPECTIONS -34644 Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION Section 112 SERVICE UTILITIES Section 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS Section 114 VIOLATIONS .63 Section 115 STOP WORK ORDER .63 Section 116 UNSAFE STRUCTURES AND EQUIPMENT -52-64 Section 117 VARIANCES IN FLOOD HAZARD AREAS -5&67 Section 118 WIND LOADS 67 Section 119 SEVERABILITY 3 Page 584 of 710 SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Florida Building Code, hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height, shall comply with the Florida Building Code, Residential. . Code Requirements that address snow loads and earthquake protection are pervasive; they are left in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. Appendix "F," in the Florida Building Code, Plumbing Volume, has been adopted as part of this chapter. 101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 4 Page 585 of 710 101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. far h r no em Icer m h_II be liable in__tort _for_damgg from such condi�:ions in accordance with Section 8.28 Florida Statutfls as may_mb __a ended or Llaced, 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.9-1.1. and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply �` '.m?_ piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air- conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all matters governing the design and construction of buildings for energy efficiency. Page 586 of 710 101.4.7 Existing buildings. The provisions of the Florida Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings. 101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility. 101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458, Florida Building Code. Building, and Rule 61-41 Florida Administrative Code. 101.4.10 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building Volume shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 3.01.4.13. Flood Damaime Prevention. Cid: of Bo nton Beach Land C evelo menta Re ulad:ions (LLRj shall be considered art. of the re uirements of this code relative to flood control, Conflicting re uirements bei:ween :he Florida Buildin Code and Cha :er 4 m rmirl mX.1-1--c- _mF?r vention__R_ uiremen s of th-e G.0 __shall_.b __r o-lv d__in__favor__c-f_th __r rasi_r _ t__th t__off _r ...._th: t:mf gLgfcif flcc m pr , .D ion or alternatives that would rovide ane uivalen�: de vee of flood dam e e reven�:ion and , ____________________m q__________________�.___________________________________________ an eauivalent method of construction. 101.5 __Building Official. _.Whenever, the building official is mentioned in ,sthe code, it is also intended to mean the building official's designee, wherever applicable. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida 11 Page 587 of 710 Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the s4i*tLtinR of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building Code, Existing Building. The following buildings, structures and facilities, except for those located in a Special Flood Hazard Area are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d) Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Permits shall be required for structural support and tie down, electric supply and all other such utility connections to such mobile or modular structures as required by this jurisdiction. (f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. (g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound -recording equipment used in such production, on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non -wood features. (i) Family mausoleums not exceeding 250 square feet (23 mZ) in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. 0) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. 7 Page 588 of 710 (k) A building or structure having less than 1,000 square feet (93 mZ) which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1, 2011, if the building or structure: 1. Is not rented or leased or used as a principal residence; 2. Is not located within the 100 -year floodplain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map; and 3. Is not connected to an off-site electric power or water supply. (1) Service providers of water, sewer, storm, gas, cable, telephone, or other similar utility systems are exempt to the point of service connection for the building or structure. 102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes, facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements of the federal government. 102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: 1. The building or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection; and J.-6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class. 7. The requirements of Florida Building Code, Existing Building Volume, are also satisfied. 102.2.3 The building official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. E3 Page 589 of 710 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.2.5 Each enforcement district shall be governed by a board, the composition of which shall be determined by the affected localities. 1. At its own option, each enforcement district or local enforcement agency may adopt rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code relating to: a. Addition, alteration, or repairs performed by the property owner upon his or her own property, provided any addition or alteration shall not exceed 1,000 square feet (93 mZ) or the square footage of the primary structure, whichever is less. b. Addition, alteration, or repairs by a non -owner within a specific cost limitation set by rule, provided the total cost shall not exceed $5,000 within any 12 -month period. c. Building and inspection fees. 2. However, the exemptions under subparagraph 1 do not apply to single-family residences that are located in mapped flood hazard areas, as defined in the code, unless the enforcement district or local enforcement agency has determined that the work, which is otherwise exempt, does not constitute a substantial improvement, including the repair of substantial damage, of such single- family residences. 3. Each code exemption, as defined in sub -subparagraphs 1a, 1b, and 1c shall be certified to the local board 10 days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it. 4. However, each enforcement district or local enforcement agency may establish an alternative permitting program for replacing nonstructural components of building systems in a residential dwelling unit. __A licensed contractor performing such work for the resident shall also be exempt from individual permits and inspections if either the owner or the licensed contractor obtains a valid Annual Permit per Section 105.1.1 of this code and all such work is reported as required in Section 105.1.2 of this code for compliance evaluation. No added capacity, system expansion or new building work of any type shall be excluded from individual permit and inspection by this provision. 102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or two-family dwelling. Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. E] Page 590 of 710 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section101.4, the provisions of this code or the Florida Codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard. 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Florida Building Code, Existing Building, the Florida Fire Prevention Code, and_101.4. 4 Prop ry maintenance.__ For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the Florida Building Code or Florida Residential Code, as applicable, for new construction or with any current permit for such occupancy. 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the Florida Fire Prevention Code, and 101.4.w 4 Pro gty maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the 10 Page 591 of 710 Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable. (3) A relocated building shall comply with the flood hazard area requirements of the new location, if applicable. 102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code except during reroofing when the equipment is being replaced or moved during reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof -mounted mechanical units. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 DIVISION F BUILDING 4 SAFETY 3.03.3. Creation of enforcement a enc . The Division of BuildinR Safet is hereby created and the official in charge thereof shall be known as the buildin otficial or Building Code Administrator. z 1.9.2__AP (r1 r r a The building f''c 1 shall be -_a -pp ml r :h m hief a 2i t__n :hc rid: r caf :h jurisdiction. 1. m ... ____ u i m ---- I n ___accordance ___with ___t he .... pr ri b d____2Lgj g res__ of___1h is ... i!a ri i c_t_i o n ___a n d --- with ___t he rc1!1�Lr _nce of bhp__ p�?!��:i0 __�_ �mhcari�mm�'�__�mm�! cr'l '�rc1 fff fc�1 h�II hie �:h �aa�:hcari�mmy__�mmo ap aint ma de ul: buil din o icial the related technical officers ins ectors Ian examiners and other em to ees. Such emto ees shall have .wars as dale a�:ed b the buildin official. For the maintenance of existing properties see 3.01.4.4 Pro art maintenance. Foisions related to pro erg: main�:enance refer �:o �:he Cid: of Bo n�:on Beach Code of Ordinances Chapter 1.0 Article IV. 3.03.4 Restrictions on em to ees. Reserved . SECTION 104 DUTIES AND POWERS OF T - ...; - -41, : : r THE. BUILDING OFFICIAL 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt 11 Page 592 of 710 policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structuress r�eir 1 A. inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the building official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the building official shall require the building to meet the requirements of Section 1612__a__nd__Section R22. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. . 4.6.2 When the buildin official obtains a ro er ins ection warrant: or other remed rovided b law to secure ent, J. no owner or occuloant. or ani other ersons having char e care or control of an 12 Page 593 of 710 buildin s�:ruc�:ure�mc�r remises shall fail or ne . lec�: ftr ro er re ues�: is made as herein ro�eided� mcg �q____________________________________________________________ from �:I ermi�: en�:r :herein b �:he buildin official for the our ose of ins ection and examination 104.7 Division of_records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of_aal_i records__r__1.1._mkAv a�a 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee or board member.because of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or employee_ or board --- member of an act performed by that officer or employee__or__board--- member__in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the division_of,building _safe,tY.. 13 Page 594 of 710 104.10.1 Flood hazard areas. -rhe brildify?. "ccfi ".s"ha"l coordinate with the filaad"ain administrator to review "."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."."..".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".".". f q a _s omitted_ to tI e r.�fie�f�� baa ffcfc�i imlr�l sc� k p �s��o�I ick c�difiy ilr� st�i�i: � pli��iic�rrmc�fi i:lr�mfilc�c�d" resistant construction re uirements of the Florid BZ..I� L( fL . t:'od�� �:o de�:ermine whether such re uests _"__________________________________________________m___________________________________________________________________?________________--- _________--------------------------------------- ___q____________. r,_q it _the_R[m!.Eli—ng_ �f_g__yfiance_pLf 2L!11, .. Section 1.1.7T 1a^a�er� ±�+�rs +�a�+� 4^a [�€ wNv�diriry C�F°c�r ref 6ee�i1€c��rrtnrs� �xeroe� �s� hlN eak '� Z 1 t'^ � P"8 & A P 8 8'W P`tl ✓^! T P'a P'9, i"� w w b ti� „ u m.$® T �,'° 8'"� m 9 ,�rros�a r^E rrro, ra rrw_y,.. ��""i""Y aep f P 1'Ti'P4X"L b'6'eF"fT 'T,Ti4�"G 'P"C:YTT'&e49' �%P"6"G Bi®P 6✓'7G.✓ b'6'eF"fT 4.d'F w layyy��qq yirw ry Fs �sa^n € €ri v3 trcxl�n r•e�I�s ".""9'"Y',:✓ "P"Yi'P'L �TiT�""`T'6"aT"L '&e4Ti✓' V'�✓"B 4�a"'b'C,✓ :' �=g-s��..•• .#�.,�.9_."."C:✓"C1"'69"' °X'9'"' 71 Pm~.&`�.✓ytm�".'&"�.✓ i¢ g� g c®x'T'c x'c-mr'r Tvsa 'c v`e'¢ ^^„�jj p p___,","," E.�. Ybt I Y"V +R . "4"CX' '"'"'" 9 w"i"'�' Ybt I Y"V 0 Ybt 1 1 P"G't f"V L9 f u �4 m m f"�f °"7,'�T!"6 Y_,�'e_mmmm. f" ✓ ✓ 4 P 7Y'6P"`, ... p. " 4 ".. " b!'xt-%ALC'JG y"''ryl �y y"''ryI cwl�sa P�'a�ia�n rro rw v^3 lar�:a � eAr Fsir Fr �1 €ilv3irw ry i� �r°e l�sn i�st'il� ey��-.a�i rw ry 4Fs� 6ep"C;✓"m 'Cep".".'&,✓"E/�"'myl"_YF pCg&'"Lb'6'eF"fT y�y+Xii'CT."."'gGA/x�� b'�m 'rT"CX e, � `ff'P"7i'STi gCT�/i 'Pe4B`d'CTYii'Lk"`i..±` "L"deF "y��3'i✓�.""."Ai �4 B`d:y m.'k"LLX"L bii'LY'[Ti i"�6'i Y°k°iL'+�" C'9Y Cep""""6i m Chi' u ""gp .F"k'iYbtYbtf_Yk'9C1 €Y"p m�7 uT m G@"""'d"8��® Y`f3�'! 1I IS'9PY TY` °u ".. I '�^e �se^�awd ��=•a�irory �h� r+r�,s^ar�r€ €r+�i+"e�e F�r�Ia-seAr fl«wr^es�d c�Iar=-afi'e�e ��"''9� �y ✓ [',:✓ 6rC "' '"i';✓ �o, g� 9 "'"'a'"`#"�CXG$ �" ✓° IiP'e.A�'$ G Y O,wT I f RJ 6✓ Y O,wT 6Y 6✓ ✓'srrY"","" 6�.p"C,'✓"m m m "�.w�a' Id 4'a i"e"`B I gYi`4m 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in 14 Page 595 of 710 order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. 104.12 Requirements not covered by code. Any requirements necessary for strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or other technical codes, shall be determined by the building official. SECTION 105 PERMITS 105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbin $_fire 21ge :ion s _s1g_M__2L_ r i l mor_floo resistant it l _ n 1 s -the installation of g p_______________________my___________ which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical or plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual Facility permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. The building official is authorized to revoke such permit, if code violations are found to exist. 105.1.3 Food permit. In accordance with 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool. The local enforcing agency may not issue a building permit to construct, develop, or modify a public swimming pool without proof of application, whether 15 Page 596 of 710 complete or incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes. A certificate of completion or occupancy may not be issued until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with Chapter 553, Florida Statutes. The local enforcing agency may confer with the Department of Health, if necessary, but may not delay the building permit application review while awaiting comment from the Department of Health. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under this section do not relieve the owner or contractor from their duty to comply with applicable provisions of the Florida Building Code, and requirements of the local floodplain management ordinanceo__s_ determined da__mcr'1din__fl`i'c1' shall not be required for the following: Building: 1. Building permits are not required for replacement or repair work having a value of less than $1,000.00, providing, however, that such work will not adversely affect the structural integrity, fire rating, exit access or egress requirements. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work, with no electrical or plumbing work. 3. Temporary motion picture, television and theater sets and scenery. 4. Traditional swings and other standard playground equipment accessory to detached one- and two-family dwellings, but they may be subject to Zoning permits. 5. �° �, Retractable awnings supported by an exterior wall and do not require additional support of Groups R-3 and U occupancies, but they may be subject to Zoning permits. 6. In the case of roofing repairs, a permit may not be required for work having a value of less than $500, unless such work effects the structural integrity of the roof. M., Page 597 of 710 7. The installation of one (1) accessory building (tool shed, etc.) per single family residence/lot, with the accessory building having a size less than or equal to 100 square feet. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. 8. The installation, replacement, removal or metering of any Irt:rial_load management control device where installed by a utility service orovider. Plumbing: 17 Page 598 of 710 I. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. -1-, 2.. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. z- 3. The replacement of common household plumbing fixtures to existing supply lines and outlets -in. &4e 2 F� iiy-1DnL ll_inRso_This does not include water heaters, bathtubs, or showers. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next workinE_business day to the building official. Notificatioe work address nature of ernereencV and sco e of work immediat ind or by the next: business da 105.2.2. Minor repairs. Ordinary minor repairs may be made with the approval of the building official without a permit, provided the repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the d_vision_of_building �Safety for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. 18 Page 599 of 710 Effective October 1, 2017, a local enforcement agency shall post each type of building permit application on its website. Completed applications must be able to be submitted electronically to the appropriate division of building- , ___safety. Accepted methods of electronic submission include, but are not limited to, e-mail submission of applications in portable document format or submission of applications through an electronic fill-in form available on the division mof building =� safetv's, website or through a third-party submission management software. Payments, attachments, or drawings required as part of the permit application may be submitted in person in a non electronic format, at the discretion of the building official. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefore. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the building official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, Florida college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges, and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $125,000. 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Heating, ventilation, and air-conditioning documents for any new building or addition which requires more than a 15 -ton -per -system capacity which is designed to accommodate 100 or 19 Page 600 of 710 more persons or for which the system costs more than $125,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one, two, three or four -family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of $125,000 or less; and when a 15 -ton -per system or less is designed for a singular space of a building and each 15 -ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1: When a space has two 10 -ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. Example 2: Consider a small single -story office building which consists of six individual offices where each office has a single three -ton package air conditioning heat pump. The six heat pumps are connected to a single water cooling tower. The cost of the entire heating, ventilation and air-conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18 -ton system. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 4. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. 5. Electrical documents. (See Florida Statutes, Section 471.003(2)(h)). Any electrical or plumbing or air conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. An _-system_mWhi- 1: r® , -e c ae�r- m,__ ' y .-mom' - x �.� ..., •-c�a�vrmv-ra-<,-e•c - A"9 titer-=�'� .-a�--%"• ;•. t1f1 - 1"711 ,-d •�-a.�l 1 a. I ..� e "�• - '� tea"" - `>�c � - err -r�^,�-a,^ai��ixr vp="a6:, • 1.0 ..... fjg_ggires_a_n__electrical__or_pplaa biD_&_car air-conditioninE an r fri r :ion dmf with a ____________________ _____ ______________________ m _ ___ _ _ m _ valuer�:�_r �:hanml.�1_�• 2oao..... fje aair an aEgr t: m gLyice_ca ri�:m me fir m r k han 600 am r ( __ ______ ______ m m m _____ ______ _______ residential electrical s stem or reater than 800 am ares 240 vol1:s on a commercial or indus�:rial elec�:rical s s�:em� 20 Page 601 of 710 b. Recauires a olumbine system with more than 250 fixture units: or c. R iuires a heatin . ventilation and air-conditionin s stem which exceeds a 1.5 -ton- er -s stem ca acil: or if the oro°ect. is desi ned to accommodate more than 1.00 Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 6. All public swimming pools and public bathing places defined by and regulated under Chapter 514, Florida Statutes 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing, car for any 1.80 da eriod of abandonment: or sus ension durin �:he a lica�:ion rocess unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing_rior_to_1he abandonment: da�:__ e with justifiable m ______ ______ __________�__________ cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. The fee for renewal, re -issuance, and extension of a permit application shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit application extensions and renewals. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, such as the requirement for Home or Property Owners Association approval, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application the refore__unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes. 105.3.6 Asbestos removal n r t r_ x m r1m__R fer_to Section 1.05.9_for additional re_quir mentso A --- Iicensed--- asbest:os--- removal--- contract:or--- is ---- not__reguired when__movin removal or disposal of 21 Page 602 of 710 asbestos -containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner -builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos -containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition, provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit, specifically, without limitation, date of execution, building owner or dealer, and anticipated date of completion. However, the construction activity must commence within 6 months of the contract's execution. The contract is subject to verification by the Department of Business and Professional Regulation. 105.3.8 Public right of way. A permit shall not be given by the building official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has received a right of way permit from the authority having jurisdiction over the street, alley or public lane 105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of any local laws ordinances codes and reaal:ic t4 m Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of any other federal state and local laws ordinances codes and re Mations the ° °°R_4+e &R shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this 22 Page 603 of 710 code or of any other ordinances of this jurisdiction orof an:hrmfederal s�:a�:e and local la -----------------__ m______________________________ ordinances codes and re ulations. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit,_or revalidation _(_r n � r I cif h me riiki_E I r rim is not obtained within ____ ___________________________ _ 180 days from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process, or due to action by an environmental or archeological agency having jurisdiction. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 3 months each. The extension shall be requested in writing and justifiable cause demonstrated, prior to expiration. 105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit extensions and renewals. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The permit holder and property owner shall be responsible to either: JDi Com lete the oris: renew the loermit. if applicable, or obtain a new ermit tc complete all work in accordance with the permitted plans and inspection car 2emove the otic: renew �:he ermi�: and revise �:he lens if a licable or obtain a new ermit to remove any partially completed work in a safe and code compliant manner. An work not removed shall be subiect. to th penalties for un ermined work. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days 23 Page 604 of 710 each. The extension shall be requested in writing and justifiable cause demonstrated as determined by the building official. . . s.. The building r f f jq� is authorized t rl � � �v r i�:m� lir��:ica� from a contractor who �o Id smca r� than H�mm ex 'r� d o ------------------------------ r ' � � -m'��___m � rm_ _ _ __ __ _ m _ _ ____________ ___ ___________________________________________________________________________________1?________________, 1.s.1a .__For_the__ !2fp2 __of :his subsection a closed ��� '� shall mean a r id fc�r which all m __ ______________________ __ __ ___ I re uirements for com let have been satisfied ora ermi�::hat. has been administrativel closed m q _ _ _ -------------------------------------- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ------ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ hat. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ m y _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ m b �:he buildin o icial. 3.05.5.1.2 For the DLArDoses of this subsection an o en nermit shall mean a permit that has not satisfied all re uirements for com letion as defined in 1,050501010 105.6 Denial or revocation . Whenever a permit required under this section is denied or revoked because the plan, or the construction, erection, alteration, modification, repair, or demolition of a building, is found by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit applicant. 1^.___ s. .T1TT.T___i r r -_ fgn__of__ ... f for..__TTh�e_ build_ing__afficial_ma1__revok __a_.prit_or__apiay2I,.mT_issued under the Provisions of this rodcwhen there hadbeen ___fa_se____st_tement or ____________________________�____m_ _m _________________- i r prg ,.rit2 io----------------------------------------------------------- to the material f t_in_th __a_p _li tion_or pl�0 mc��m� hi h �h r i�:mc�rm�pprcl�e l 3.05.6.2 Violation of code DrovisionsThe buildin official ma re uire correction or revoke the ermi�: a on de�:ermina�:ion b �:he buildin official that the construction erection alteration re air movin demoli�:ion ins�:alla�:ion or re lacemen�: of the buildin structure electrical Fas mechanical or lumbin . s s�:ems for which �:he ermi�: was issued is in violation of or not in conformity with the provisions of this coded 24 Page 605 of 710 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement. In accordance with Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 14 -point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. Refer to Section 105.3.6 "Asbestos Removal Contractor Exemption" of this code for additional requirements. 105.10 Certificate of protective treatment for prevention of termites. A weather -resistant job -site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document requirements. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon written request and approval of the building official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. 105.13 Phased permit approval. After submittal of the appropriate construction documents, the building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. 25 Page 606 of 710 105.14 Permit issued on basis of an affidavit. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the building official. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official (See also Section 107.6). Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance requirements of the Florida Building Code. 105.15 Opening protection. When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single-family detached residential structure that is located in the wind borne debris region as defined in this Code and that has an insured value of $750,000 or more, or, if the site built single-family detached residential structure is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of $750,000 or more; opening protections as required within this Code or Florida Building Code, Residential for new construction shall be provided. Exception: Single family residential structures permitted subject to the Florida Building Code are not required to comply with this section. 105.16 Inspection of existing residential building not impacted by construction. (a) A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one- or two-family residential building permit the inspection of any portion of a building, structure, or real property that is not directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought. (b) This subsection does not apply to a building permit sought for: Page 607 of 710 1. A substantial improvement as defined in Section 161.54, Florida Statutes or as defined in the Florida Building Code. 2. A change of occupancy as defined in the Florida Building Code. 3. A conversion from residential to nonresidential or mixed use pursuant to Section 553.507(2)(a), Florida Statutes or as defined in the Florida Building Code. 4. A historic building as defined in the Florida Building Code. (c) This subsection does not prohibit a local enforcing agency, or any local building code administrator, inspector, or other official or entity, from: 1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection conducted in accordance with the prohibition in paragraph (a). 2. Inspecting a physically nonadjacent portion of a building, structure, or real property that is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph (a). 3. Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building, structure, or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph (a). 4. Inspecting any portion of a building, structure, or real property pursuant to an inspection warrant issued in accordance with Sections 933.20-933.30, Florida Statutes. 105.17 Streamlined low -voltage alarm system installation permitting. (1--) ..... used in this section, the term: (a•°" °`Contractor""" means a person who is qualified to engage-, in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the --department under part II of chapter 4897 F4 f° -� *�* � . (b -21 "Low -voltage alarm system project""" means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in -SeQ4400s. 489.5057 FI��*:°°��, that is hardwired and operating at low voltage, as defined in the National Electrical Code Standard 70, Curren: Edition or a new or existin low-voltn e electric fence and ancillary components or equipment attached to such a system_or fence including, but not limited to, home - automation equipment, thermostats, closed-circuit: television s stems access controls batter rechargingEfSharging devices, and video cameras. 27 Page 608 of 710 (c °`J "Low-voltagge electric fence" means an alarms stem as defined in s. 489.505 that consists of a fence st-ruct-ure and an ener icer owered b a commercial s�:ora e ba�:�:er not exceedin 1.2 vol�:s which ygy________________________________________________________________ produces an elec�:ric char e u on contact with the fence structure. ________________________________________g________________________________________________________________ _()_____"Wireless alarm system" means a burglar alarm system or smoke detector that is not hardwired. (2�-___ Notwithstanding any provision of 446--C-94ela2b this section applies to all low -voltage alarm system projects for which a permit is required by a local enforcement agency. However, a permit is not required to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or equipment attached to the system. �44 the following.- re uirements to be permitted as a low -voltage alarms)Istem Jordiect, and no further permit shall be r luired for the low -voltage alarm s s�:em ro°eco: o�:her �:han as rovided in :his sec�:iono a The elec�:ric char e roduced b �:he fence a on contact mush: not exceed ener iter characteristics sed: forth in oara,graph 22.1.08 and de icted in Fi ure 1.02 of International Electrotechnical Commission Standard No. 60335-2-76 Current Edition. nclose the low -voltage electric fence. The low-volta e electric fence may be aP to 2 feet. hi her than theperimeter nonelectric fence or walla c The low vol�:a e electric fence mush: be identified usin warnin si ns a�:�:ached to the fence at g _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ g _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ----------------------------------------------- intervals _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ intervals of not more than 60 feet. )___m h Ic1 m�ecal m me l c-t-ri_ _fence_ hal I__not:mb _i0 tal-I __in_ n_ r zca0 m x lea I-veIv_fcar_ i_OEI wmf iI_y_ �r multi --family residential use. I m h Ica m�ecll: � electric fence __ shall notm enclose the ar�ica0 � �__ rcl rm� ------------------------------------------------ _(4) � which are mused for residen�:ial ur ossa. _(I___ This section does not apply to the installation or replacement of a fire alarm if a plan review is required. (--�J..... A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to be used for the installation or replacement of a new or existing alarm system at a cost doe - of nod: more �:han 0 er label er ro°eco: er unit. The e 9 .. local enforcement agency may not require the payment of any additional fees, charges, or expenses associated with the installation or replacement of a new or existing alarm. (aA local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit pDy information other than identification information of the licensee and proof of registration or certification as a contractor. 28 Page 609 of 710 (b} A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the local enforcement agency that issued the label. A contractor may purchase labels in bulk for one or more unspecified current or future projects. 6 A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low -voltage alarm system project site before commencing work on the project. ( A contractor is not required to notify the local enforcement agency before commencing work on a low -voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low - Voltage Alarm System Project as provided under subsection (,) to the local enforcement agency within 14 days after completing the project. A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a Uniform Notice of a Low -Voltage Alarm System Project. (-. The Uniform Notice of a Low -Voltage Alarm System Project may be submitted electronically or by facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative of such persons. The Uniform Notice of a Low -Voltage Alarm System Project" ,aE._ fey_ ,, � ___ mush: conta-in Ihe followin informationo UNIFC? R M N 0 T I CE OF A LO W -V OLTAG ALARM SYSTEM PROJECT Owner's or C ust:omer's Name Owner's or Customer's Address cii __. Sta_te__ i.p_. Phone Number --mail Address Contractor's Name Contractor's Address cii __. ta�:e Tim Phone Number 29 Page 610 of 710 Contractor's License Number Date Proiect Com0eted Scopm2fmt�2rk_ ___m�___m___m_ _m __ ive______________________________m�______________m _____,j_m�m�_m�m�m�_____________m�___m-____ No�:ic 's r 'vin �: a�: a ow vo �:a a arm s s�: m ro ck: as n com b: at t � a ress s ecified aboveo I cer if �:ha�: all of �:he fore oin information is true and accurate. S' na�:ure of �7wner�m����__C�c���mrr�mc�r�__c�r_�a�:h_c�ri�_ml _resen�:a�:ive _()_..... A local enforcement agency may coordinate directly with the owner or customer to inspect a low - voltage alarm system project p *° ' ^^° , e oto ensure compliance with applicable codes and standards. If a low -voltage alarm system project fails an inspection, the contractor must take corrective action as necessary to pass inspection. ( ____A municipality, county, district, or other entity of local government may not adopt or maintain in effect any ordinance or rule regarding a low -voltage alarm system project that is inconsistent with this section. (w. 1.1.E A uniform basic permit label shall not be required for the subsequent maintenance, inspection, or service of an alarm system that was permitted in accordance with this section. The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in accordance with the applicable provisions of chapter 489, Florida Statutes. SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 30 Page 611 of 710 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by Chapter 471, Florida Statutes & 61G15 Florida Administrative Code or Chapter 481, Florida Statutes & 61G1 Florida Administrative Code. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Electronic media documents shall be submitted when required by the building official, in a format acceptable to the building official, and may require only one set of submittals. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. If the design professional is an architect, interior designer, or engineer legally registered under the laws of this state regulating the practice of architecture or interior design as provided for in Chapter 481, Florida Statutes, Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, or engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official seal to said drawings, specifications and accompanying data, as required by Florida Statute. 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.6. 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. 107.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer certifying suitability for the specific site must be submitted with the construction documents. 31 Page 612 of 710 107.2.1.2 Additional data. The building official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their official seal, signature and date as state law requires. 107.2.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper, cloth or other acceptable medium. The building official may establish, through Departmental policy, other standards for plans and specifications, including electronic format, in order to provide conformity to its electronic permit review and record retention program. This policy may include such things as minimum size, shape, contrast, clarity, or other items related to records management. Electronic media must be compatible with the archive requirements of Florida Statutes. 107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water -resistive membrane and details around openings. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or 32 Page 613 of 710 modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1. 107.2.5.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the form of an electronic copy at the worksite. These plans must be open to inspection by the building official or a duly authorized representative, as required by the Florida Building Code. 107.2.6 Structural information. The construction documents shall provide the information specified in Section 1603. 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state -approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to FAC 61-41.009, Florida Administrative Code, shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2. Industrial construction on sites where design, construction and fire safety are supervised by appropriately licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval by the building official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire -safety inspectors. 107.3.1 Approval of construction documents. When the building official issues a permit, the construction document shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore 33 Page 614 of 710 issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. 107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner or the owner's authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner's authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner's authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Those products which are regulated by FAC Rule 61G20 shall be reviewed and approved in writing by the designer of record prior to submittal for jurisdictional approval. 107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. 107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, Florida Statutes, or Chapter 481 Florida Statutes, by local 34 Page 615 of 710 enforcement agencies for plans review for permitting purposes relating to compliance with the wind -resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes. 107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the building official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior elevations: Commercial Buildings: Building 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve (PIV) Set back/separation (assumed property lines) Location of specific tanks, water lines and sewer lines Flood hazard areas, flood zones, and design flood elevations 2. Occupancy group and special occupancy requirements shall be determined (with cross check with the energy code submittal). 3. Minimum type of construction shall be determined (see Table 503). 4. Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draftstopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 35 Page 616 of 710 6. Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic 7. Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8. Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope Impact resistant coverings or systems Structural calculations (if required) Foundation Flood requirements in accordance with enclosures, flood damage -resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems Section 1612, including lowest floor elevations, 9. Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Page 617 of 710 Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofing Insulation Building envelope portions of the Energy Code (including calculation and mandatory requirements) 10. Accessibility requirements shall include the following: Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11. Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation (including corresponding portion of the energy code) Sanitation 12. Special systems: Elevators Escalators Lifts 13. Swimming pools: Barrier requirements Spas Wading pools 14. Location and installation details. The specific location and installation details of each fire door, fire damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans by the designer. Electrical 1. Electrical: 37 Page 618 of 710 Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCIs Electrical portions of the Energy Code (including calculation and mandatory requirements) 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 8. Design flood elevation Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 38 Page 619 of 710 10. Location of water supply line 11. Grease traps 12. Environmental requirements 13. Plumbing riser 14. Design flood elevation 15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements) Mechanical 1. Mechanical portions of the Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof -mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10. Chimneys, fireplaces and vents 11. Appliances 12. Boilers 13. Refrigeration 39 Page 620 of 710 14. Bathroom ventilation 15. Laboratory 16. Design flood elevation Gas 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 10. Design flood elevation 11. Gas portions of the Energy Code (including calculation and mandatory requirements) Demolition 1. Asbestos removal Residential (one- and two-family): 1. Site requirements: Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Smoke detector locations 4. Egress 40 Page 621 of 710 Egress window size and location stairs construction requirements 5. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials, connector tables, and structural calculations if re uired Termite protection Design loads Wind requirements Building envelope Foundation Wall systems Floor systems Roof systems Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment, and flood damage -resistant materials 6. Accessibility requirements: show/identify accessible bath 7. Impact resistant coverings or systems 8. Residential Energy Code submittal (including calculation and mandatory requirements) 9. Electrical: Electric service riser with wire sizes, conduit detail and grounding detail Complete load calculations, Panel schedules 10. Mechanical: Equipment and location, Duct systems 11. Plumbing: Plumbing riser 12. Gas: Gas piping Venting Combustion air 41 Page 622 of 710 Chimneys and vents Appliances Type ofgas Fireplaces LPtank location Riaerdiagran`/shutoffa 13.Energy Calculations 14. Swimming Pools Barrier requirements Spas Wading pools Exemptions. Plans examination by the building official shall not be required for the following work: 42 Page 623 of 710 ..Replacing existing equipment such as mechanical units, water heaters, etc.; -1-, 1.. Reroofsla m t r i_E mby_Icr�!l_ Lari irtona; 5o___m Minor electrical, plumbing and mechanical repairs; 4o___m Annual maintenance permits; 5o___m Prototype plans: Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver; or ,°6.. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed above in manufactured buildings/housing. 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. 107.6 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official (5 m l c-_ ct-i-o_E__1.( 0.1.4)0 3.07.6.3. Building permits issued on the basis of an affidavit in special flood hazard areas. Pursuant: 1,22 1: g r !lir nt__caf_f r I__r a!j2 ion--fc r__ g_r�._i i tion__in �:_h _-N—ati �n I__ I-o-od__I_E u-r-anr __P -12E. _(_L_._E.__Part t----------------------------- i/d_� f':LEt- i s __p , mm 2 �� insp :ican �__a d _t __ r �p : pl m conn:ruc�:ion documen�:s on �:he basis of affidavi�:s and pl m _ ______________ _ _ ___ --a ff _________ seb um -:pd_ pear aa2_atm to ect:ions 1.0501.4 and 10706 shall not extend to the flood load and flood resistance construction requirements of the Florida Fuildin Code. 43 Page 624 of 710 SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70. 108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure to be removed or use to be discontinued. SECTION 109 FEES 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 109.1.1 Other fees. A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees, water and sewer capital facility fees, City Park & Recreation fees, Fire Division fees, City Green Building Fee, Palm Beach County Impact fees and State of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Division fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances. The City Green Building fee is established in the City of Boynton Beach Code Land Development Regulations Chapter 2, Article 1, Section 5. The city may elect to collect Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public Places fee (30% of the total Art fee) is due prior to permit issuance. 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. .__m .2.. `yes ofF Enumerated. F _ma _ __ h r _formbuj._not limited to the _followin : 44 Page 625 of 710 _______F ______lans e___x__a_____mination; Certific.2t Is of com It Inc 'ncludin fees fora lications__ � i_E �m�ic�� �_r � � �l�,__I��:� __r _E � l� _______________--- ____..__--- _________ m___ ---- _________._______________________p___________________ and reci rocil fie -ins ec�:ions° • Administrative fees(including fees for invest 1 ative and le al costs incurred in the context of certain discilolinary cases heard board ° • Variance requests: Administrative a ea s, Violations° and -------- Other_fees as established__!Iy_Ic rgl_r solution_or_ordinance° ______________ _ _ _ __________ 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. 109.3.1 Exemptions. Manufacturing Equipment: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than $10,000 dollars if the following criteria are met: 1. Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece of equipment to be exempted. 2. Equipment must be purchased directly by the owner. 3. Equipment cannot not be an integral part of the building, building envelope, building system, and/or essential to the operation of the building. 4. The nature of equipment shall be that if a business was to cease to exist or relocate the equipment would be easily removed from the building. Note: All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject to permit fees. 45 Page 626 of 710 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits or without prior approval from the building official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established by the building official that shall be in addition to the required permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within-cne 1.) business da and any unreasonable delay in obtaining those permit(s) shall result in the charge of a h. uadruplp fee. The payment of a 4& . h. uadruplp fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The building official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing. 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 109.6 Refunds. 41 ' ,- :All ermit fees under :his section are non-refundable and non -transferable. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain accessible and exposed for inspection purposes. e a boundar line surve n- oared b a ualified surve or whenever the boundar lines cannot: be readil determined in the field. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.1.1 Manufacturers and fabricators. When deemed necessary by the building official, he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. -----------------------------ry .The _building__Offk c�1 _ma�r_m 2kp,__ rcause___to b _m ,__th _ n p� Ljon rg-g2ir dmb Section 1.1.0. He _or she may_ r p �m r, orts of ins r�c�r � ind p� . in ctor m _ m m __ __________ ______ _____ ________ _______ m _________________ ______ m _ ______ or of reco nized ins ec�:ion services rovided :hat after investi ation he she is satisfied as to their licensure ualifica�:ions and reliabili�: o A certifica�:e re aired b an rovision of :his code shall nod: Page 627 of 710 be --- based--- on --- such ... re a_rtm _ aa�less the same are recorded b __ . Lyildin o ids for mor the _____ m _ _ _______ ________ ____________ ________ _____________________ ___ m ________ m _______ architect or en ineer erformina buildin code in ections in a manner s ecified by the buildin pfi'c1m h cr'1'rc1rifclshall ensure �:ha�: allrcmnakinmaah ins shall be certified in _______ __ ________________ __________ _____ ___________ __ m _ _________ _____ ___________________ ____ accordance to Cha t r 463 Florida Statues. _____________________ _____ _________------------------------------------------------------- The m _ _______________ __________________ "b ��u rer na^4�rs.r��um�aro Hca w°n��a^.aa� ,f�a r•a��l 1 �I�a� �. . �$6:�mm 6�•izr-a ' •"r -err �" w w-e•v--r•c• °arc �5 .rrc, �, ••l9��v�3 �-'„�, , mom_ •a. �,a..�-.��n�, The building official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I construction; 2. For all major structural alterations; 3. Where the concrete design is based on compressive strength in excess of 3000 pounds per square inch; 4. For pile driving; 5. For buildings with an area greater than 20,000 square feet; 6. For buildings more than two stories in height; or 7. For buildings and structures of unusual design or methods of construction. Such inspectors shall be present when work is underway on the structural elements _of the building to adequately attest to its compliance. Such inspectors shall be a_registered architect, or engineer. An employee of the architect or engineer licensed under Chapter 468, Part XII, Florida Statutes may perform the inspections, under the direction of and with final certification from the architect or engineer. _Such inspectors_ shall submit weekly progress reports including the daily inspections to the building_official, and including a code compliance opinion of the resident inspector. At the completion of the construction work or project, the architect or engineer shall submit a certificate of compliance to the building official, stating that the work was -done in compliance with this code and in accordance with the permitted drawing.®Final inspection shall be made by the building official before a Certificate of Occupancy or Certificate of Completion is issued; and confirmation inspections may®be made at any time to monitor activities and resident inspectors. 47 Page 628 of 710 110.1.3 Affidavit for inspection. With specific prior approval of, and in a format_ acceptable to the building official, an affidavit for certification of inspection may be_accepted from the permit qualifier; when accompanied by extensive photographic_ evidence of sufficient detail to demonstrate code compliance. The photographicevidence shall be comprehensive in the display of the installation and/or construction_ and job location identifiers. The affidavit and accompanying photographs shall be_provided to the inspector onsite, at the next scheduled inspection. If the photographs_are found to be insufficient by the building official to demonstrate compliance with thiscode and/or the permitted document, or clearly display location identifiers, or are®missing, the inspector shall require the contractor to obtain the services of a Registered Florida Professional Engineer to inspect and certify the installation and/or construction. 110.1.3.1 Exception: Affidavits may not be accepted for inspection of—elements of construction which require inspection by the local jurisdiction under the requirements of 44CFR59 and 44CFR60 and the local flood damage prevention ordinance. 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Existing building inspections. Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He/she may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. He/she shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in Florida Building Code, Existing Building Volume, may apply. 110.3 Required inspections. The building official upon notification from the permit holder or his or her agent shall make the following inspections, end such other &ae4-inspections. as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. A. Building 1. Foundation inspection. To be made after trenches are excavated, forms erected and required reinforcing steel is in place, . ��. The Foundation ins ection shall at a minimum include the following building components: • Stem -wall 48 Page 629 of 710 • Monolithic slab -on -grade • Piling_g_E /pile caps • Foot_t&�Jgrade beams 1.1. Slab Inspection: Concrete slab and under -floor inspections shall be made after in -slab or under -floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector._In lieu_of_p 2y d_iD�g__a__ Garvey, the contrac�.or_ma�r elect to m _ _________ _______------------------- uncover m _ - uncover a11__ fcgp rt. _ line markers and stain -asp___21I__..p_Lgp m ___IiP ___!n___pr r :ica for ___________________ ______ ____ ___________ _________ __________ m _ ins ec�:iono A�: con�:rac�:ors own risko 1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction, the elevation certification shall be submitted to the. uthoril: havinJurisdic�:iono; e contractor shall meed: the minimum requirements for Habitable Finish Floor above the crown of the road er Charter 4. Article X. Flood Prevention Reauirements of the LC R. 2. Construction Inspections 2.1 Lintel/tie beams/columns/masonry units. To be made after masonry units, forms, reinforcing steel, shoring, conduit, piping accessories, and other ancillary equipment items are in place, but before any concrete is placed. 2.2 Sheathing inspection. To be made either as part of a dry -in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: • Roof sheathing • Wall sheathing • Floor sheathing • Sheathing fasteners • Roof/wall dry -in. • Gypsum board, as required • Sheathing/cladding inspection NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and corrected prior to installation of the dry -in material. 49 Page 630 of 710 rinfz shank nails shall be bend: over and a new fastener installed. 2.3 Framing inspection. To be made after the roof deck or sheathing, all framing, fireblocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: • Window/door framing and installation. Verify rough opening dimensions are within tolerances, buck and attachments. • Lintel/tie beams complete, if applicable. • Framing/trusses/bracing/connectors (including truss layout drawings) • Draft stopping/fire blocking • Curtain wall framing • Fire resistant assemblies, joints and penetrations, as required • Accessibility. 3. Roofing inspection. Shall at a minimum include the following building components: • Dry -in • Insulation • Roof coverings (including in -progress) • Flashing 4. Energy insulation, thermal and ignition barriers 5. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire -resistance- rated assembly or a shear assembly, unless otherwise determined by the building official. 6.Final inspection. To be made after the building) clay i , -----J---------------------llsub-trade ins c is are completed and ready for occupancy. 6.1. Elevation Certificate. As part of the final inspection, an elevation certificate shall be submitted to the authority having jurisdiction. 6020 A final surve re aced and certified b a re ist red surve or ma be re aired at _______________________________________________m_--------- g________ ---- _________________Y____________m ______________________________. time of final inspection when applicable, 50 Page 631 of 710 Electrical 7. Swimming pool inspection. • First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete shell. • Underground electric inspection • Underground piping inspection including a pressure test • Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in placed. • Final electric inspection to be made prior to filling the swimming pool with water. • Final permanent barrier inspection to be made prior to filling the swimming pool with water. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 4-24454.2.17 of this code. • Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 4-24454.2.17 of this code. 8. Demolition inspections. • First inspection to be made after all utility connections have been disconnected and secured in such --a manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. • Final inspection to be made after all demolition work is completed. 9. Manufactured building inspections. The division__of building-- safety. shall inspect construction of foundations; connecting buildings to foundations; installation ___ of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities (see Section 423.27.20 of this code). 10. Where impact -resistant coverings or impact resistant systems are installed- *: the building official shall schedule adequate inspections of impact - resistant coverings or impact resistant systems to determine the following: • The system indicated on the plans was installed. • The system is installed in accordance with the manufacturer's installation instructions and the product approval. 51 Page 632 of 710 1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough -in inspection. To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Low Voltage: To be made for securil t alarm elevator and ecial uses. . Final inspection. To be made after the building I r:ri al r : is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. 5. Existing Swimming Pools. To be made after all repairs or alterations are complete, all required electrical equipment, GFCI protection, and equipotential bonding are in place on said alterations or repairs. Plumbing 1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough -in inspection. To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. -includes plumbing provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building_._ laa iD __ yjjg is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section 312 of the Florida Building Code, Plumbing for required tests. Mechanical 1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough -in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. -includes mechanical provisions of the energy code and approved calculations provisions. 52 Page 633 of 710 Gas 3. Final inspection. To be made after the building mechanical system is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. -includes gas provisions of the energy code and approved calculations provisions. 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris 1.The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles during the course of the construction project and prior to receiving final inspection approval. Construction job sites must be kept clean and in a safe condition at all times. 2. All debris shall be kept in such a manner as to prevent it from being spread by any means. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 110.3.2 Concrete slab and under -floor inspection. Concrete slab and under -floor inspections shall be made after in -slab or under -floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification shall be submitted to the building official. 53 Page 634 of 710 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. 110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire -resistance -rated assembly or a shear assembly. 110.3.6 Fire- and smoke -resistant penetrations. Protection of joints and penetrations in fire -resistance rated assemblies, smoke barriers and smoke partition shall not be concealed from view until inspected and approved. 110.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with FBC, Energy Conservation and -confirm with the approved energy code submittal (by appropriate trade) and corresponding mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope insulation R- and U -values, fenestration U -value and Solar Heat Gain Coefficient, duct system R -value, and HVAC, lighting, electrical and water -heating equipment efficiency. 110.3.8 Other inspections. In addition to the inspections specified in Sections 110.3 through 110.3.7, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the division. of_building safe1y. 110.3.9 Special inspections. Reserved. 444440-13.0.3.3.0 Ins ectionsprior to issuance of Certificate of Occunanc or Completion. The buildin official shall ins eco: or cause �:o be ins ec�:ed a�: various in�:ervals all cons�:ruc�:ion or work for which a ermi�: is re aired and a final ins ec�:ion shall be made of every buildi-a structure electrical as ___ �hanical or lumbin s s1em a on com l Aion rior �:o �:he issuance of the Certificate of C?ccu DL--------------------------------------------------- car Certificate of Com l �:ica�I�r[2fmi� ins ion � �:h baail i� mofficial_ or desi� m _ [2fmi _ m _ ______ _________ ir m__ ric ri : i r ica caf mh cc mraarmica a_ i :icaC me r r cafe A n �:o, an ities owned or controlled by a state universitva state community college or oublic school district. 310.3.31. Final inspection. The final inspection shall be made after all work required by the building permit is completed. 110.3.10.1 Flood hazard documentation. If located in a flood hazard area, shall be submitted to the building official prior to the final inspection. 54 Page 635 of 710 110.3.10.2 Energy Code documentation. If required by energy code path submittal, confirmation that commissioning result requirements have been received by building owner. 110.3.11 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.7, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the building official has been received. 110.3.12 Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to meet requirements of this code, the building official shall schedule adequate inspections of impact resistant coverings or systems to determine the following: 1. The system indicated on the plans was installed. 2. The system is installed in accordance with the manufacturer's installation instructions and the product approval. 110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. 110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, prior to any required mandatory inspections by the threshold building inspector. 110.8 Threshold building. 110.8.1 The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. The purpose of the 55 Page 636 of 710 structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the building official, the architect, or the engineer of record. The contractor's contractual or statutory obligations are not relieved by any action of the special inspector. 110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification, or number -of -stories criteria which would result in classification as a threshold building under Section 553.71(7), Florida Statutes, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. 110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an architect. 110.8.4 Each enforcement agency shall require that, on every threshold building: 110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief, the above described construction of all structural load-bearing components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency." 110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. 110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire -safety standards as determined by the local authority in accordance with this Section and Chapter 633, Florida Statutes. 110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a Page 637 of 710 licensed building contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 110.8.6 The division of building° i-safe�:y may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the division of building __safety. The building official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code. 110.9 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner. This includes, but is not limited to, the control of dust, noise, water or drainage f'4Rqff&run-offs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new residential development, including additions, pools, patios, driveways, decks or similar items, on existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed professional, as appropriate under Florida law, shall be submitted to the inspector in order to receive approval of the final inspection. ...3.0Stormm Shutter Placement cl rinLF I H rricane n. - m=_ -_ =_ .__ ft r t -h tar m_ n–a t-i_ca n__caf -s U c h__ ! _2 _1i m -el h t__h __b n-- d e si k he m N—a-ti a n I Weather Service as bein a hurricane watch or warnin ,__h_yrric _ rot:ect:ive devices installed on _______________________________________________________g_______________-------------------------------------------------- g_______________________________________________________________. occupi __--------buiIdin _mwhith___ian d __r 9 irk __m gr _m p_ __r, uir ___I! h�m___a_f! ___ventilad:ion___shaII___be m______ __ m _ _ _____ ________________________ _______ __ removed_within_15_day o SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a 57 Page 638 of 710 certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2. 111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the d_iv-ision__ __of__building _ safe: , the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner or the owner's authorized agent. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as -built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction 7. The name of the building official. 8. The edition of the code under which the permit was issued. 9. The use and occupancy, in accordance with the provisions of Chapter 3. 10. The type of construction as defined in Chapter 6. 11. The design occupant load. 12. If an automatic sprinkler system is provided, whether the sprinkler system is required. 13. Any special stipulations and conditions of the building permit. 6`"C YJ [.... �' ,. �"P."it'.,.� fe.r.`v .�,r, 6,�� .. r,. ,`v ...c, �� �,�"" _ �l•,: '. },. ~ �n,.�r� f�.�+. �.. �c 'L,y,.., ...' ,�", 58 Page 639 of 710 1 .1a _ ` m p o r _ry . rt I ... oc-cu c r r f rtial--- Ce tificate_ of --- Occu aacy___or_mC rtificate_ of f capl :ic1p__ py__ p --- i_ aap __forma__ cartjon or ar ion of building, mh �: �r?� f I m2L.! l rior_to final comp) :ica e the buildin oaaildin mcffi i l mai r caair Imc once all life safe�:y issues _mhave been __________-----------------------------_______________-------------J-----j------__ m _______ _____ _____ _______ ___________ __________ complip m vi :h an applir n _to _pr ly-------- _ade_gLgL. __r� h__sure�: r fc r as finished work or revision of pl p _________ __ _ _ _ ____________ un�:il a ermanen�: Cer ifica�:e of Occu anc or Certificate of Completion is ranted, The our ose of �:he cash sure: is �:o insure com le�:ion of work under :his ermi�:o such cash sure: shall bee ual �:o one hundred to of the estimated value of the remainin work includin labor and material as determined b the desi n'Professional. The design professional shall submit: haned and sealed documentmattes i �:ca �:h � caasp�: r paair ------------------------------------------------------ tocr thec_sur �m m__Ifmy c�_rk__h _mnot b n_ oMp 2nd all final ___ p as m i:hipm9 g L__2f__ issuance mof_ the initial TempargrlrjEgrtiaI Certificate of 02uLP2.DLY_mor_ C- rtificate__of official retains _the _rightl__i__ pplica-nt surrender the cash surel: . The buildin official then may use the surel: to finish the remainine work, The surel: shall be in the form of cash mons certified check or cashiers check. The sure: shall be returned a on a roval of all final in ections and a on written re uest that has been a22roved­by the buildina official, This rovision is ofor the Florida 1 uildin . Code all other A enc a rovals necessar for construction mush: be secured_ _rior_�..2j._ is_ rovis o _bein _a ppli d. m m __________ 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 111.5 Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy. 131.6__ i taring r in s m h mbaaildin me ffir_i l_is_authorized to__issue_app[!2y l fc.r fixturing m2g iin m _ m _ m ______------ t _ ___ m ;r i i carmd scar i �__� ih p rc ri mp �:c�maIlo the baaild r to r per �:hg structure for p r gonj c �ap pcyo m h baa!Id!pgm a pcat b ca d �:c� �mh �p� r�I_ as li car b used for the transaction of__an commerce. Such a roval mush: be conditioned Uloon the :pproval of the Fire marshal when a licable. .1 .a __i f [_Submittal Fie__ it m n f -----------------------------------------r n tri f n. ...aw .._ ¢ ll In pp r n . --The buildin _2ffi ial__is__a_uthorized t -o requ_ire__th _submitta-1_of diEit. l shape fC G file in a sp ific for : and �pir�:i� _� c�-r f r �r d fc�c��:priptmwith I aea-ticlpfclr SII new structures as a condi-tion of th-e issuance of a Certificate of Occupancy. 131.1-2 Subdivision _Tp p r h_ ! he_mbaaildin mofficial is authorized to require h submittal of ____ _________________________ _____ _____ m _ ______________________ ____. elect:conic_t2pc r;�phir l__data_for_all__new_subdivisions_over_five_acres_or five lots--for--the__paa_r1?a of u�pd�:i�_��__�_ink:ainin�g_�mh_rca�nmuni�:�r°mfl_cac�d__mapo 59 Page 640 of 710 SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 113.1 Appointment. There is hereby established a board to be called the Building Board of Adjustment and Appeals, which shall consist of seven members and two alternates. The applicable governing body shall appoint the Board. 113.2 Membership and Terms. 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include, to the greatest extent possible, an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he or she has a personal or financial interest. 113.2.2.1 Terms. The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12 -month period. The two alternates, if .f Page 641 of 710 appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. 113.2.2.2. Removal from office. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three (3) consecutive meetings or a failure to attend more than one-half of the meetings scheduled during a calendar year. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this provision shall not continue to serve on the board and such removal shall create a vacancy. 113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the building official, not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote. 113.2.4 Secretary of board. The building official or his/her authorized representative shall act as secretary of the board and shall make a record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 113.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in 113.4 of this code, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. 113.4 Appeals. 113.4.1 Decision of the building official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the building official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 61 Page 642 of 710 1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case, which the building official has rejected or refused. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113.4.2 Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. CM Page 643 of 710 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. 113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period. 113.5 Procedures of the board. 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman, subsequent to a request to call a meeting by the secretary. The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the chairman, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The Board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida, in which case, said evidence shall be signed, sealed, and dated. 113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or question, any witness before the Board. Any member of the Board, the petitioner or his/her attorney, and/or the building official shall be permitted to inquire of any 63 Page 644 of 710 witness before the Board. The Board may consider testimony presented by the building official, the petitioner, or any other witness. 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. 113.6 Local Construction Regulation Board. The local government may also utilize this Board to convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if the LCRB has found such contractor, through public hearing, to be guilty of fraud or a willful building code violation within the county or municipality that the LCRB represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if it has proof through the public hearing process, that a contractor has been found guilty in another county or municipality within the past 12 months, of fraud or a willful building code violation and after providing notice of an opportunity to be heard to the contractor, finds that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the LCRB represents. Notification of and information concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to deny the permit. 64 Page 645 of 710 SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 1.1.4.5 Enforcement. Nothing in this section shall prevent the authorit havin °urisdiction from im Dain . fines liens or seek in°unctive relief or exercisin other enforcemeni Dowers a oermit.t.ed b lawn Bode enforcement: and enalties of Cha ter 1.62 Florida Statutes Fart I shall be authorized if buildin work be ins without oa mend: of all re uired fees and for the ur Dees of enforcin :his code code officials licensed under Florida Statute 468 Fart X11 are deemed "Bode Ins ectors," defined inFloridamStatute 1.6?0040 SECTION 115 STOP WORK ORDER 115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the 65 Page 646 of 710 order and the conditions under which the cited work will be permitted to resume. Whe_re_an_emer� y ____ _ exis�:s �:he buildin official shall nod: be re aired �:o . ive a wri�:�:en no�:ice rior �:o s�:o in �:he worko 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the building official to be abated by the owner, through repair and rehabilitation or by demolition in accordance with the this Code. The extent of repairs shall be determined by the building official. When the building official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. 116.1.1 When the building official determines a building, structure, electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall provide the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system a written notice of violation stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. 116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to the record owner(s) of the real property upon which the unsafe building, structure, system is located, the building official shall post a copy of the notice in a conspicuous place in City Hall, upon the building, structure or system, and a copy shall be recorded in the public records of Palm Beach County. 116.1.1.2 In addition, a copy of the notice, as outlined in this sub -section, shall be published simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall be substantially in the following form: Page 647 of 710 NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT (Insert Date of Notice) The owner or other interested parties for the structure located at (address), are hereby notified that the City of Boynton Beach, Florida will proceed to have the building, structure or system repaired, demolished or removed (insert stipulated time) after the date of this Notice, if said building, structure or system is not substantially repaired, demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. If, as a result of this Notice, the building, structure or system is substantially repaired, demolished, or removed by the owner, notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving certification of code compliance. To request an extension of time, the owner should contact (Contact Person and Phone Number) within ten (10) days of the date of this Notice. Said request for extension must be made in writing to the building official. An affected owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent, at the City of Boynton Beach Building Division Office, within (insert stipulated time) of the date of this Notice. The fee to cover hearing costs shall be established by ordinance. 116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice, as provided herein, together with a copy of the recorded "Notice of Intent to Demolish or Substantially Repair and Inspect" at the Clerk of the Court Office, and proof of publication, shall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the owner actually received said notice. 67 Page 648 of 710 116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the building official. The building official shall post at each entrance to the building a placard stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other servants, to remove the posting without written permission of the building official, or for any person to enter the building, or use the building or system(s) except for the purpose of making the required repairs or of demolishing same. 116.1.3 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the building official, after having ascertained the cost may take action to cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation on the part of the building official to continue with maintaining such building, structure, or system; or create liability for any damage to the property. 116.1.4 The decision of the building official shall be final in cases of emergency, which, in the opinion of the building official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 116.2 Reserved. 116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period L�3 Page 649 of 710 following mailing of the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 1. The building official shall assess the entire cost of such vacation, demolition, securing, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses, and shall constitute a lien upon such property superior to all others except taxes. 2. The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien, the amount thereof and an accurate legal description of the property, including the street address, which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons. After three (3) months from the filing of any such lien which remains unpaid, the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. 116.4 Appeal. The owner, agent, or person in control of an unsafe structure or system shall have the right to appeal the decision of the building official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice. SECTION 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the building official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. SECTION 118 WIND LOADS (Section 1609, Florida Building Code) Page 650 of 710 The basic wind speed in miles per hour, for development of wind loads, shall be determined from figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure 1609B, and Figure 1609C is hereby added to this code. SECTION 119 SEVERABILITY If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. 70 Page 651 of 710 A U) � CLS U) ► 0 ■■ E Ln = w � _ .; \ \ \kms _§\ -0 »-/ C: $: 0 //\ 21 �®_ /fj ®E %/J w \! �� \/\\ // .g [ o»» \\. c: E/±§ o u>),2 � ° ®\ /a a -a) §t 8E }CLo e ) : /e'E ¥�o§e §[}2f:2}.%®/ u) -o �\\$§&[7§7\.]{2-0§ a)B000\ \§§<§y�t� § 0920ES4[± 7j ~ 2 ] yf/}J£//)>0 Ek= ,'- —a& � /! u:2 ) ±\LLo Lu ;,'o a =�= §a)-r aZS]mu=u=�=fo z E > o z7 z�223ab§ Rg\0 !E &e ms±}� U)-0 \ {) ƒ8} i'\\�\w';wj§j/ Z 2 � Q W m Z 0 F - Z � 0 m G / -0\\ SE % »_/ = g §a \\/ ®U) �°f CL f=� o 2 \[ wk// . - .c \ 4 § ° 3 2 § & \/\0 2/k \/ -z— mm SG2& \-2 °\ Lƒ±} j\ƒ /£ /&}Ja x= a) ay00 m /\�)R= /.r�e2eR OR 0, !E L: \!5'Uj Em\§{{= //j\ k\o m-0 j/§&®(y257&± _ 8 2 00 a.� - \gt§g/$ ±\ 5 o�g��IU ±kj$ƒJ£/f\\/ e)0-0 E-=7±2 2]2U)ED k*G LL, a) 'r- =�g»zr>3: (1) 4<«``-223ww0 2-2 CL ems±+g /_0 —0 ��ƒk( <.S \\240-\w}§}/ 2 � Q W m Z 0 F - Z � 0 m W LL \ \ §�U)~ /-/ �0\ U) E\go e &m= 2« _C�_ /7j ®/ /))7 LO) \/§ §& \ /2) 2�k --z- \/ '-o Swj* \\j �\ / /±§ / Xk /m ° ®] }a �k2� at 83 Q] j{§_/ /e2n jo'±Qm 0 %w{ }.u)&f .S(O .0- c: (&§d®� \e/§\§)\U.) 0 ƒ/j\ m� §\\/�{22 \om" 0 .U) 0_a o-;{ 2oEo='4.Ee ]7k�o°9{§ot\ o e£�« �_ °tf$ }/£/f\>o /§2= a)&G/ \EE-/o=f /ko ± -0)LU -.±U) a0 =§gJzE>!fa&m u=� z_<<� Ir -= GG a § a) -E & ) 0 00 / /»\S z a—) - S- \w';wj§j/ 13.B. LEGAL 12/5/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-035- SECOND READING - PUBLIC HEARING - Approve the change in qualifying dates for candidates in upcoming municipal elections. (Due to holiday publishing delay item to be heard on 12-19-17) EXPLANATION OF REQUEST: The Supervisor of Elections (SOE), Susan Bucher, has asked all municipalities to change their Candidate Qualifying dates in order to comply with Florida Statutes 101.062(4)(a)&(b) which requires mailing of Vote by Mail Ballots 45 days prior to a General Election to military and overseas voters and 35 to 28 days prior to the election for all other Vote by Mail ballots. Municipal Elections are considered General Elections. The election management system used by the SOE Office only allows all municipal elections to be entered at one time. Therefore, if our candidates names are not available to be printed on the Vote by Mail ballots and sent 45 days prior to the election due to our qualifying dates, all municipalities will be out of compliance with Florida law. The City's qualifying period is set forth in Article I 11, Section 40 of the City Charter. Sections 100.3605 and 166.021, Florida Statutes, provide that qualifying dates in a municipal charter may be amended without a referendum. The new qualifying period would be from noon on the first Tuesday in January to noon on the second Tuesday in January of the year in which the election is held, except for when the first Tuesday in January falls on January 1, then in those years the qualifying period for the City's General Municipal Election shall be from noon on the second Tuesday in January to noon on the third Tuesday in January of the year in which the election is held. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The conduct of municipal elections is a state mandate to conduct the business of the City. FISCAL IMPACT: The Supervisor of Elections could refuse to offer services to the City of Boynton Beach. Another source for equipment and processing of votes would have to be obtained. ALTERNATIVES: Do not change the qualifying dates and place all municipalities out of compliance with State statutes and risk the Palm Beach County SOE Office refusing to assist with our elections. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Page 655 of 710 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Ordinance Description Ordinance changing the qualiffying dates Florida Statute on Vote by Mail Page 656 of 710 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 ORDINANCE NO. 2017 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING QUALIFYING DATES SET FORTH IN ARTICLE III, SECTION 40 OF THE CITY'S CHARTER TO AMEND THE DATES FOR QUALIFYING FOR CITY ELECTIONS PURSUANT TO SECTIONS 100.3605 AND 166.021, FLORIDA STATUTES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 111, Section 40 of the City' Charter provides for a qualifying period for the City's General Municipal Elections to be from the last Tuesday in January to the First Tuesday in February of the year in which the election is to be held; and, WHEREAS, the Palm Beach County Supervisor of Elections has advised all municipalities in Palm Beach County that in order for her to comply with legal timelines for ballots for the statewide elections, all municipal qualifying periods must occur earlier than the dates set forth in the City's Charter; and, WHEREAS, Section 100.3605, Florida Statutes, provides authority for municipalities to move their election and qualifying dates without referendum; and, WHEREAS, Section 166.021(4), Florida Statutes, exempts changes to qualifying dates from the referendum requirement for amending a municipal charter; and, WHEREAS, pursuant to Sections 100.3605 and 166.021(4), Florida Statutes, the qualifying period for City General Municipal Elections shall be amended, and shall be from noon on the first Tuesday in January to noon on the second Tuesday in January of the year in which the election is held, except for when the first Tuesday in January falls on January 1, then in those years the qualifying period for the City's General Municipal Election shall be t00205924.1306-9001821} CODING: Words in s4,-ike thr-o gh type are deletions from existing law; Words in underlined type are additions. Page 1 of 4 Page 657 of 710 29 from noon on the second Tuesday in January to noon on the third Tuesday in January of the 30 year in which the election is held 31 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 32 BOYNTON BEACH, FLORIDA: 33 34 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and 35 confirmed as being true and correct and incorporated herein by this reference. 36 Section 2. The City Commission hereby establishes that the qualifying period for 37 the City's General Elections shall be as follows: 38 Candidates for City Commission shall file such papers and pay such fees as may be 39 required by law with the City clerk no sooner than noon on the first Tuesday of January, nor 40 later than noon on the second Tuesday in January, of the year in which the election is to be held 41 except for those years in which the first Tuesday in January is January 1, and in those years any 42 resident of the City who wishes to become a candidate for a Commission member seat shall 43 qualify with the City clerk no sooner than noon on the second Tuesday of January, nor later 44 than noon on the third Tuesday in January in those years in which the election is to be held. 45 The City Clerk shall transmit the names of all candidates for City Commission to the 46 Supervisor of Elections by 5:00 p.m. on the first Friday after the close of qualifying. 47 Section 3. Article HI, entitled "Municipal Court," Section 40 entitled "Call by 48 Mayor, publication of proclamation; qualification of candidates, filing by candidates with 49 City Clerk; notification of Supervisor of Elections" is hereby deemed amended as provided 50 in Section 2 herein above, and reads as follows: 51 All general and special elections, unless otherwise provided in this Act, shall be 52 called by resolution adopted by the City Commission, and in conformance with applicable t00205924.1 306-9001821} CODING: Words in s4,-ike thr-o gh type are deletions from existing law; Words in underlined type are additions. Page 2 of 4 Page 658 of 710 53 state law, and published in a newspaper of general circulation in the City of Boynton Beach, 54 Florida, once a week for two (2) consecutive weeks, and such election that may be held 55 upon such notice. 56 Candidates for City Commission shall file such papers and pay such fees as may be 57 required by law with the City clerk no sooner than noon on the first Tuesday of January, nor 58 later than noon on the second Tuesday in January, of the year in which the election is to be held 59 except for those years in which the first Tuesday in January is January 1, and in those years any 60 resident of the City who wishes to become a candidate for a Commission member seat shall 61 qualify with the City clerk no sooner than noon on the second Tuesday of January, nor later 62 than noon on the third Tuesday in January in those years in which the election is to be held. 63 The City Clerk shall transmit the names of all candidates for City Commission to the 64 Supervisor of Elections by 5:00 p.m. on the first Friday after the close of qualifying. 65 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 66 in conflict herewith are hereby repealed to the extent of such conflict. 67 Section 5. If any clause, section or other part of this Ordinance shall be held by any 68 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 69 invalid part shall be considered as eliminated and in no way affecting the validity of the 70 other provisions of this Ordinance. 71 Section 6. This Ordinance shall take effect immediately upon its adoption. 72 FIRST READING this day of , 2017. 73 74 SECOND, FINAL READING AND PASSAGE this day of 75 2017. 76 {00205924.1 306-9001821} CODING: Words in s4,-ike thr-o gh type are deletions from existing law; Words in underlined type are additions. Page 3 of 4 Page 659 of 710 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 CITY OF BOYNTON BEACH, FLORIDA 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) VOTE YES NO t00205924.1 306-9001821} CODING: Words in s4,-ike thr-o gh type are deletions from existing law; Words in underlined type are additions. Page 4 of 4 Page 660 of 710 Title IX Chapter 101 View Entire Chapter ELECTORS AND ELECTIONS VOTING METHODS AND PROCEDURE 101.62 Request for vote -by -mail ballots.— (1)(a) The supervisor shall accept a request for a vote -by -mail ballot from an elector in person or in writing. One request shall be deemed sufficient to receive a vote-by-mait ballot for all elections through the end of the calendar year of the second ensuing regularly scheduled general election, unless the elector or the elector's designee indicates at the time the request is made the elections for which the elector desires to receive a vote -by -mail ballot. Such request may be considered canceled when any first-class mail sent by the supervisor to the elector is returned as undeliverable. (b) The supervisor may accept a written or telephonic request for a vote -by -mail ballot to be mailed to an elector's address on file in the Florida Voter Registration System from the elector, or, if directly instructed by the elector, a member of the elector's immediate family, or the elector's legal guardian; if the ballot is requested to be mailed to an address other than the elector's address on file in the Florida Voter Registration System, the request must be made in writing and signed by the elector. However, an absent uniformed service voter or an overseas voter seeking a vote-by-mait ballot is not re�s.uired to submit a sb�,ned wr other than the elector's address on file in the Florida Voter Registration System. For purposes of this section, the term "immediate family" has the same meaning as specified in paragraph (4)(c). The person making the request must disclose: 1 . The name of the elector for whom the ballot is requested. 2. The ■ address. 3. The elector's date ■ birth. 4. The requester's name. 5. The requester's .•■ 6. The requester's driver License number, if available. 7. The requester's relationship to the elector. 8. The requester's signature (written requests only). (c) Upon receiving a request for a vote-by-maiL ballot from an absent voter, the supervisor of • shall notify the voter of the free access system that has been designated ■ the ■-r. for determining the status of his or her vote-by-mait ballot. (2) A request for a vote-by-mait ballot to be mailed to a voter must be received no later than 5 p.m. on the sixth day before the election by the supervisor of elections. The supervisor of elections shall mail vote-by-mait ballots to voters requesting ballots by such deadline no later than 4 days before the election. (3) For each request for a vote-by-mait ballot received, the supervisor shalt record the date the request was made, the date the vote-by-mait ballot was delivered to the voter or the voter's designee or the date the vote-bv-m , - - 1 11 fice 0 �er ip Page 661 of 710 was received by the supervisor, the absence of the voter's signature on the voter's certificate, if applicable, and such other information he or she may deem necessary. This information shalt be provided in electronic format as provided by rule adopted by the division. The information shall be updated and made available no later than 8 a.m. of each day, including weekends, beginning 60 days before the primary until 15 days after the general election and shall be contemporaneously provided to the division. This information shall be confidential and exempt from s. 119.07(l) and shall be made available to or reproduced only for the voter requesting the ballot, a canvassing board, an election official, a political party or official thereof, a candidate who has filed qualification papers and is opposed in an upcoming election, and registered political committees for political purposes • 4)(a, No later than 41 day, before each presidential preference primary election, primary election, and general election, the supervisor of elections shall send a vote-by-maiL ballot as provided in subparagraph (c)2. to each absent uniformed services voter and to each overseas voter who has requested a vote -by -mail ballot. (b) The supervisor • elections shalt mail a vote-by-mait ballot to each absent qualified voter, other than those listed in paragraph (a), who has requested such a ballot, between the 35th and 28th days before the presidential preference primary election, primary election, and general election. Except as • provided in subsection (2) and after the period described in this paragraph, the supervisor shalt mail vote-by-mait ballots within 2 business days after receiving a request for such a ballot. (c) The supervisor shall provide a vote -by -mail ballot to each elector by whom a request for that ballot has •^ made by • of the following means: 1. By nonforwardable, return- if- undeliverable mail to the elector's current mailing address on file with the supervisor or any other address the elector specifies in the request. 2. By forwardable mail, e-mail, or facsimile machine transmission to absent uniformed services vR ters and overseas voters. The absent uniformed services voter or overseas voter may /... in the vote-by-mait ballot request the preferred method of transmission. If the voter does not designate the method of transmission, the vote -by -mail ballot shall be mailed. 3. By personal delivery before 7 p.m. on election day to the elector, upon presentation of the identification required in s. 101.043. 4. By delivery to a designee on election day or up to 5 days prior to the day of an election. Any elector may designate in writing a person to pick up the ballot for the elector; however, the person designated may not pick up more than two vote -by -mai( ballots per election, other than the designee's own ballot, except that additional ballots may be picked up for members of the designee's immediate family. For purposes of this section, "immediate family" means the designee's spouse or the parent, child, grandparent, or sibling of the designee or of the designee's spouse. The designee shall provide to the supervisor the written authorization by the elector and a picture identification of the designee and must complete an •. The designee shalt state in the •. that the designee is authorized •. the elector to pick up that ballot and shall indicate if the elector is a member of the designee's immediate family and, if so, the relationship. The department shalt prescribe the form of the affidavit. If the supervisor is satisfied that the designee is authorized to pick up the ballot and that the signature • the elector • the written authorization matches the signature •i the elector • file, the supervisor shall give the ballot to that designee for delivery to the elector. 5. Except as provided in s. 101.655, the supervisor may not deliver a vote -by -mail ballot to an elector or an elector's immediate family member on the day of the election unless there is an emergency, to the extent that the elector will be unable to go to his or her assigned polling place. If a vote-bM-mait ballot is delivered, the elector or his or her designee shalt execute an affidavit affirming to Page 662 of 710 the facts which allow for delivery of the vote -by -mail ballot. The department shall adopt a rule providing for the form of the affidavit. (5) If the department is unable to certify candidates for an election in time to comply with paragraph (4)(a), the Department of State is authorized to prescribe rules for a ballot to be sent to ?.bsent uniformed services voters and overseas voters. (6) Only the materials necessary to vote by mail may be mailed or delivered with any vote -by -mail ballot. •,. 2, ch. 7380, • RGS 369; CGL 430; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 32, ch. 28156, 1953; s. 21, ch. .• 1955 s. 2, ch. 59-213 s. 32, ch. 65-380; s. 1, ch. 67-33; s. 2, ch. .• s. 4, ch. 69-280; s. 2, ch. 70-93; ch. 71-149; s. 5, ch. 73-157; s. 39, ch. 73-333; s. 2, ch. 75-174; s. 21, ch. 77-175; s. 40, ch. 79-400; 86-199; s. 4, ch. 87-363; s. 2, ch. 87-538; s. 28, ch. 89-338; s. 20, ch. 90-360; s. 587, ch. 95- 147; 96-57 s. 25, ch. 96-406 s. 13, ch. 98-129 s. 32, ch. 99-2 s. 6, ch. 99-140; s. 52, ch. 2001-40; s. 5, ch. 2001-75; ;. 18, ch. 2003-415; s. 6, ch. 2004-33; s. 43, ch. 2005-277; s. 37, ch. 2005-278; s. 16, ch. 2005-286; s. 30, ch. 2007-30; s. 7, ch. 2010-167; s. 37, ch. 2011-40; s. 17, ch. 2013-37; s. 11, ch. 2013-57; s. 16, ch. 2016-37. ■ Formers. 101.02. Copyright (D 1995-2017 The Florida Legislature ® Privacy Statement ® Contact Us Page 663 of 710 14.A. FUTURE AGENDA ITEMS 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - December 19, 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? Grant Amount: Page 664 of 710 14.B. FUTURE AGENDA ITEMS 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: Quarterly report on red light camera program (Oct 2017 -Dec 2017) - January 2018 EXPLANATION OF REQUEST: 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: Page 665 of 710 14.C. FUTURE AGENDA ITEMS 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: Quarterly report on godt surtaxfund (Oct 2017 -Dec 2017) - January 2018 EXPLANATION OF REQUEST: 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: Page 666 of 710 14.D. FUTURE AGENDA ITEMS 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: The Commission has requested for a representative of ATS attend a commission meeting to discuss possible additional features/services - 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: Page 667 of 710 14. E. FUTURE AGENDA ITEMS 12/5/2017 REQUESTED ACTION BY COMMISSION: Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park 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: Page 668 of 710 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: Staff to review PBC Ordinance on Panhandlers - 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: 14. F. FUTURE AGENDA ITEMS 12/5/2017 Page 669 of 710 14.G. FUTURE AGENDA ITEMS 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways - 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: Page 670 of 710 14. H. FUTURE AGENDA ITEMS 12/5/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-021 - SECOND READING - 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. City -initiated. (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) EXPLANATION OF REQUEST: This future land use amendment and rezoning have been initiated by City staff in preparation for the redevelopment of the civic campus, now referred to as Town Square, into a mix use project. The project is proposed as a partnership between the City, the CRA and the private development team, based on the Public - Private Partnership (P3) development model pursuant to Chapter 255.065, Florida Statutes. In addition to the civic campus, the subject actions apply to the property occupied by the Park Lane Condominium, a small condominium development partially surrounded by the project area. At present there is no formal, full Master Plan application for the project accompanying the zoning request. Since 2015, the City has been able to proactively initiate and process future land use reclassifications and rezonings to selected sites for which there already is a specific vision, supported by a redevelopment or other plan of major importance. The subject request meets this criterion, as the Town Square project is supported by both the CRA Plan and the City's Strategic Plan. The proposed Mixed Use Medium (MXM) future land use category implements the CRA Plan's FLU recommendation for the property. The maximum density for the MXM is 50 du/acre. However, since the site is located within the Downtown Transit -Oriented Development (DTOD) district, its redevelopment density can potentially be increased by 25%, to 63 du/acre. Currently, the City is considering linking eligibility for a 25% density bonus to participation in the Workforce Housing Program. Since the site exceeds 10 acre, the amendment, if approved, will have to undergo state review prior to the City final approval. Moreover, the requested Mixed Use Medium FLU classification, as well as the MU -3 zoning district, require updates to the regulatory framework, including the Comprehensive Plan Future Land Use Element and the Land Development Regulations (LDRs). The Comprehensive Plan amendments were adopted by the City Commission on July 18th and subsequently resent to the state for a final review. If not challenged, the amendments will become effective 31 days after amendment package is deemed complete. Amendments to the LDRs—currently in drafting—will implement the Comprehensive Plan -modified FLU structure as well as changes to the zoning structure recommended by the CRA Plan. The LDR amendments Page 671 of 710 are anticipated to be adopted by September 19th. The Planning and Development Board recommended denial of the subject request on July 25, 2017. The chief concern was perceived lack of adequate protection for historic properties.. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The relocation/rehousingof city departments planned as part of the Town Square project has a potential to significantly enhance efficiency of the public service provision. FISCAL IMPACT: The project will generate new ad valorem tax stream revenues from the previously tax exempt properties through the involvement of the private sector. ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: This action represents a critical task for achieving the "Town Square Redevelopment" strategic objective. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Location Map D Exhibit D Exhibit D Exhibit D Exhibit D Exhibit Description Ordinance approving To Square Land Use Amendment Ordinance approving Rezoning of Town Square Staff Report Location Map Exhibit B1 Exhibit B2 Exhibit C1 Exhibit C2 Exhibit D Page 672 of 710 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 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY COMMONLY KNOWN AS TOWN SQUARE AND DESCRIBED HEREIN, OWNED BY THE CITY OF BOYNTON BEACH; CHANGING THE LAND USE DESIGNATION FROM PUBLIC AND PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) AND HIGH DENSITY RESIDENTIAL TO MIXED USE MEDIUM(MXM); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the Future Land Use Element (designation) of the Comprehensive Plan as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: Page 673 of 710 31 That the Future Land Use of the following described land described in Exhibit "A" is 32 amended from Public and Private Governmental/Institutional (PPGI) and High Density 33 34 35 36 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 Residential (HDR) to: MIXED USE MEDIUM (MXM). Section 3 : This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this day of , 2017. SECOND, FINAL READING and PASSAGE this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 674 of 710 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 02- 013 TO REZONE A PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS TOWN SQUARE FROM PUBLIC USAGE (PU); RECREATION (REC) AND MULTIFAMILY (R-3) TO MIXED USE 3 (MU -3); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 15 and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the City of Boynton Beach, owner of the property has made application to rezone a parcel of land, said land being more particularly described hereinafter, from Public Usage (PU); Recreation (REC) and Multifamily (R-3) to Mixed Use 3 (MU -3); and WHEREAS, the City Commission conducted public hearings as required by law and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 675 of 710 31 Section 2. The land described in Exhibit "A" be and the same is hereby rezoned 32 from PU Public Usage; REC Recreation and R-3 Multifamily to Mixed Use 3 (MU -3). A 33 location map is attached hereto as Exhibit "B" and made a part of this Ordinance by 34 reference. 35 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 36 accordingly. 37 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 38 repealed. 39 Section 5. Should any section or provision of this Ordinance or any portion thereof 40 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 41 the remainder of this Ordinance. 42 Section 6. This ordinance shall become effective immediately upon passage. 43 FIRST READING this day of , 2017. 44 SECOND, FINAL READING and PASSAGE this day of , 2017. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 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 VOTE C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 676 of 710 66 67 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 677 of 710 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-001 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: July 10, 2017 PROJECT: Town Square LUAR 17-005 REQUEST: 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. City -initiated. PROJECT DESCRIPTION Property Owner: City of Boynton Beach (7 parcels) and owners of 14 Park Lane Condominium units Applicant: City of Boynton Beach Location: Area bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south (Exhibit "A") Existing Land Use/ Zoning: Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) / PU Public Usage; REC Recreation and R-3 Multifamily (no residential allowed in PPGI and REC; maximum density of 11 du/acre in R-3); see Exhibit "1131" and Exhibit "1132" Proposed Land Use/ Zoning: Mixed Use Medium (MXM) / MU -3 Mixed Use 3 zoning district Page 678 of 710 Page 2 Town Square LUAR 17-005 (maximum density 50 du/acre plus 25% density bonus for Downtown TOD District); see Exhibit "Cl" and Exhibit "C2" Acreage: +/- 16.5 acres Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north, developed commercial properties classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial District); South: Right-of-way for SE 2nd Avenue, and farther south, 10 developed single-family homes and 1 vacant parcel, classified Low Density Residential (LDR) and Medium Density Residential (MEDR) and zoned R -1-A, (Single -Family Residential District) and R-2, (Single- and Two -Family Residential District); East: Right-of-way for NE/SE 1St Street; on the Northeast side, a developed commercial property clasified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); further south, a parking lot and Green Acres condominium, both classified High Density Residential (HDR) and zoned R-3, Multi -Family; further south, a vacant parcel and Ocean East Apartments, both classified Local Retail Commercial (LRC) and zoned R-3, Multi - Family; the Vivienne condominium on the south side has the same zoning but is classified High Density Residential (HDR); in the southeastern section, two developed single-family homes and a duplex classified Low Density Residential (LDR) and zoned R- 1 -A, (Single -Family Residential District). West: Right-of-way for Seacrest Boulevard; on the Northwest side, the USPS facility and an office building, both classified Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial District); farther south, First United Methodist Church, classified High Density Residential (HDR) and zoned R-3, Multi -Family (on the part of properties fronting Seacrest Boulevard); south of W. Ocean Avenue, developed single-family homes and small residential rental properties, classified High Density Residential (HDR) and zoned R-3, Multi -Family. 2 Page 679 of 710 Page 3 Town Square LUAR 17-005 BACKGROUND The Site The subject area covers four blocks, bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south. It includes seven (7) parcels owned by the City of Boynton Beach, for a total of 15.05 acres, the right-of-way for NE 1St Avenue of 0.7 acre, part of the right-of-way for SE 1St Avenue of approximately 0.09 acres (currently with no future land use classification or zoning designation) and a 14 -unit Park Lane condominium site on approximately 0.63 acres. The City -owned parcels contain the civic campus with the following structures: • 1913 Schoolhouse Museum, including amphitheatre • Art Center • City Hall Complex, including parking garage • Civic Center • Old High School • Kid's Kingdom Playground • Library • Madsen Senior Center (presently housing Code Compliance), including shuffleboard courts As a redevelopment site, the property has several pertinent locational characteristcs: • It is situated within the Community Redevelopment Area, giving a potential development access to a number of incentives, and allowing the Community Redevelopment Agency to become a partner in the incoming project (see "The Proposed Action" section below); • It is enclosed within the Downtown Transit -Oriented Development (DTOD) district, which covers a '/2 mile radius around the intersection of Boynton Beach Boulevard and NE 4t" Street, the site of the future station for the planned Tri -Rail Coastal Link commuter train system on the FEC Rail, which will provide passenger service between Miami and West Plam Beach. The DTOD district regulations support increased intensity of development through a 25% density bonus. • It is also enclosed within both the Coastal Residential Exception area, which exempts all residential development east of 1-95 from the Palm Beach County traffic concurrency, and the Transportation Concurrency Exception Area (TCEA), which, while setting limits on the amount of development that will be allowed, carries additional traffic concurrency exemption for commercial and other non-residential development. 3 Page 680 of 710 Page 4 Town Square LUAR 17-005 • The site is split between two CRA districts, the Cultural District and the Boynton Beach Boulvard District, which—together with four others—have been identified and designated as distinctive planning areas by the CRA Community Redevelopment Plan adopted in October of 2016. (See Exhibit "D") The addition of the Park Lane Condominium site squares the project's boundary. The site lays within the Cultural district and is a subject to the same future land use CRA Plan's recommendation as the Town Square. The Proposed Action This action—the future land use amendment and rezoning—has been initiated by City staff in preparation for the redevelopment of the civic campus, now referred to as Town Square, into a mix use project. The project is proposed as a partnership between the City, the CRA and the private development team, based on the Public -Private Partnership (P3) development model pursuant to Chapter 255.065, Florida Statutes. P3s are agreements formed between public and private entities that allow for greater private -sector participation in the financing and delivery of public building and infrastructure projects. (In February of 2015, the City adopted Resolution 15-020, which established procedures for processing of P3s.) Even though a conceptual Town Square Master Plan has been made public, at present there is no Master Plan application for the project accompanying the subject zoning request as would be required by the Land Development Regulations (LDRs) for a privately -initiated application involving a planned zoning district. Since 2015, the City has been able to proactively initiate and process future land use reclassification and rezoning to selected sites—if recommended by a significant planning document(s)— without a concurrent review of a master plan. Such "proactive" actions assures that these properties will have the recommended future land use classification and a corresponding zoning designation "on the ground," ready for incoming projects. The City makes use of this provision for sites for which there already is a specific vision, supported by a redevelopment or other plan of major importance. The subject request meets this criterion, as the Town Square project is supported both by the 2016 CRA Community Redevelopment Plan and the City's Strategic Plan. Previous FLU Amendment/Rezoning Applications for the Site In 2013, the City processed a FLU amendment and rezoning for a small part of the subject site (about 2 acres) occupied by the Old High School, as part of a development agreement in a public/private partnership with an applicant planning the renovation and adaptive reuse of the building. Of the two requests, for a mixed use future land use and zoning, only the first one was approved by the City Commission. The project was subsequently abandoned and the City took the action to revert the site to its previous (and current) PPGI future land use classification. ALI Page 681 of 710 Page 5 Town Square LUAR 17-005 Prerequisites for Approval: the Process The regulatory framework for the requested FLU classification of Mixed Use Medium (MXM) and the zoning designation of MU -3 Mixed Use 3 has not as yet been completed. The framework requires text amendments to both the Comprehensive Plan Future Land Use Element and the Land Development Regulations (LDRs). The status of this process is as follows: • The Comprehensive Plan amendments were adopted by the City Commission on July 18th and subsequently resent to the state for a final review. If not challenged, the amendments will become effective 31 days after amendment package is deemed complete (anticipated by September 1S) • Amendments to the LDRs—currently in drafting—will implement the Comprehensive Plan -modified FLU structure as well as changes to the zoning structure recommended by the CRA Plan. The LDR amendments are anticipated to be adopted by September 19tH Since the size of the property under consideration for the Town Square project exceeds ten acres, the proposed FLU amendments are subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. The Expedited State Review Process applies to all comprehensive plan amendments except for small scale amendments and amendments that must follow the State Coordinated Review Process, such as the Evaluation and Appraisal Review (EAR) -based amendments to the Coastal Management Element adopted by the City in 2016. If the Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively scheduled for October 17th, by which date the required regulatory framework will be updated. REVIEW BASED ON CRITERIA The following analysis adresses all the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. (although City -initiated requests must meet at a minimum criterion "b"): a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. A need for redevelopment of the Boynton Beach civic campus has been recognized for over 20 years. The campus occupies a large track of land close to downtown, and has a 5 Page 682 of 710 Page 6 Town Square LUAR 17-005 significant potential to contribute to the quality of the downtown experience through the creation of an attractive, functionally unified built environment. In its current condition, it represents an inefficient use of the valuable land in the City's center, with several disconnected sections, a few obsolete/outdated structures and a historic Old High School building in a state of severe disrepair. It has also been recognized early on that redevelopment of the Town Square and, specifically, the adaptive reuse of the High School, will likely require an involvement of the private sector. In 2015, the City decided on the use of the P3 process in transforming Town Square into a mixed use project with civic as well as residential and commercial uses, and included the project as a high priority item in its Strategic Plan. The project requires a mixed use future land use classification to allow for addition of residential and commercial uses not permitted under the current Public and Private Governmental/Institutional category. The choice of the Mixed Use Medium (MXM) category with a density cap of 50 du/acre (with an additional Downtown TOD District's 25% density bonus) fulfills the recommendation of the CRA Community Redevelopment Plan warranted by the project's proximity to the core of the downtown and to the future station of the planned Coastal Link commuter train service. The MXM category is in- between the proposed new Mixed Use Low, with the density cap of 20 du/acre arguably too low for the location, and the Mixed Use High (renamed Mixed Use Core), whose 80 du/acre density cap is reserved for the core of the downtown. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with Comprehensive Plan and Redevelopment Plan The future land use classification of MXM proposed for the site is consistent with, and implements, the CRA Community Redevelopment Plan's recommendations for the Cultural and Boynton Beach Boulevard districts in the subject location (the site is split between the two districts). The proposed FLU amendment and rezoning is also explicitely consistent with a number of the policies of the Comprehensive Plan pertaining to mixed use development, most importantly (current) policies 1.18.1 and 1.18.2 of the Future Land Use element: Policy 1.18.1 The City shall implement the Transit -Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within a mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter C Page 683 of 710 Page 7 Town Square LUAR 17-005 Tri -Rail Coastal Link service on the FEC Corridor. This area will be referred as the Downtown TOD District hereforth. The inner %-mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1. 18.2 The City shall aim to transform the Downtown TOD District area into an active, mixed-use, pedestrian -friendly activity zone, supporting new housing to increase potential ridership, intensifying land development activity, and adding amenities and destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high density and intensity development of a varied mix of land uses. Note that not only is the subject property located within the DTOD District, but most of its area falls within the transit core (the District's 1/4—mile radius), therefore justifying the requested MXM future land use classification which would allow a maximum density of 63 du/acre (with the District's 25% density bonus). Consistency with Land Development Regulations (LDR) See "Prerequisits for Approval: the Process" section on page 4 of this report. The Land Development regulations implementing the new future land use/zoning structure will be adopted prior to the adoption of the proposed amendment, anticipated in October. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. It is indeed the staff's opinion that the proposed FLUM reclassification and rezoning would result in more desirable and sustainable growth for the community and improve the general public welfare. While both actions will temporarily create "isolated" districts, the requested FLU category (as already stated) is consistent with the recommendation of the CRA Plan, which also recommends the MXM category for areas west (between Boynton Beach Boulevard and 1St NW Avenue only), north, and east of Town Square (see Exhibit D). Going forward, these recommendations aim to achieve a major transformation of the subject area, implementing the City's and the CRA's vision for it. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the 7 Page 684 of 710 Page 8 Town Square LUAR 17-005 Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM amendment and rezoning clearly meets the definition of "sustainable" as it supports a mixed use, high density redevelopment of the site. Residents and visitors will have access to public transit via Palm Tran bus service on Seacrest and Boynton Beach boulevards (with bus stops located in front of the proposed project), as well as, in the future, to the planned Coastal Link commuter train service. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The property is under the Coastal Residential exception and TCEA designations and is therefore exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance. (The required Traffic Statement will be submitted with a site plan/master plan package.) The monitoring of the maximum allowable residential uses and square footage of commercial, industrial and other non- residential uses as well as applicable use ratios under the TCEA Planned 2025 Land Use Table indicate that the current (cumulative) numbers remain significantly off the allowable thresholds. Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and 9 Page 685 of 710 Page 9 Town Square LUAR 17-005 (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The adjacent and nearby properties include both residential and commercial uses, albeit low rise, while the maximum height of the proposed zoning is 75 feet. However, as indicated in response to criterion "c," future uses in the areas northwest, north and east of the subject property are planned to be compatible in general character and scale to the Town Square project as per recommendations of the CRA Plan. Possible incompatiblity with single-family homes along SE 2nd Avenue will be addressed at the site plan review phase through the project's design. The redevelopment of the subject site is expected to spur more redevelopment activities in the surrounding area, and positively affect the property values. The potential positive impacts will be magnified by the eventual availability of the Coastal Link train commuter service. As was already stated in this report, the need for redevelopment of the Boynton's civic campus has long been recognized as vital for both the area and the city as a whole, and now has a strong support in the CRA Community Redevelopment Plan, the City's Strategic Plan and the Economic Development (ED) Strategic Plan. The requested actions lay the groundwork for the realization of the City's vision for the Town Square. g. Direct Economic Development Benefits. For rezoning/ FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As mentioned above (criterion 'T'), the Town Square project is supported by the City 2016-2021 ED Strategic Plan—which has now supplanted the Economic Development Program—and therefore the requested actions meet criterion g(1). Specifically, the project is listed under the ED Strategic Plan's ACTION PLAN FOR CHANGE, Goal 4, Objective 4.1: Promote Economic Development /Redevelopment in the Eastern Section of the City; Strategy 4.1.4.: Work with the CRA to develop a Town Spuare in the downtown to include City Hall, Library, Children's School House Museum, Old Hiph 9 Page 686 of 710 Page 10 Town Square LUAR 17-005 School, Civic Center, Arts Center, and Madsen Center. The proposed FLUM amendment/rezoning supports a project that would constitute a major catalyst for creating a successful, lively downtown, bringing more development to the area and attracting more residents and visitors to the City. The project would or at least has a potential to: • Generate new ad valorem tax stream revenues from the previously tax exempt properties through the involvement of the private sector (criterion g2); • Respond to the community needs by enhancing efficiency of the public service provision (criterion g3); • Create jobs, though most will likely be low wage retail positions; and • Alleviate economic/functional obsolescence in the subject area, including underutilization of land on the subject property (criterion g7). In addition, the requested actions and the project they will support include restoration/preservation and adaptive reuse of the Old High School. h. Commercial and Industrial Land Supply The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed FLUM amendment and rezoning would add a commercial component to the civic campus: the current land use and zoning do not allow commercial uses. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A (See responses above to criteria "a," "b," and "c.") 10 Page 687 of 710 Page 11 Town Square LUAR 17-005 j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The City -initiated rezonings can proceed in advance of the master plan submittal. When submitted, the master plan will comply with Land Development Regulations (see the "Prerequisites for Approval: the Process" section of this report). CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed requests and determined that they are consistent with the policies of the Comprehensive Plan and implement the recommendations of the CRA Community Redevelopment Plan, the City's Strategic Plan and the Economic Development Strategic Plan. It is anticipated that the Comprehensive Plan and LDR amendments required for the approval of the proposed FLU Map amendment and rezoning will be finalized prior to its expected adoption date. Staff recommends approval of the proposed Future Land Use Map amendments for the transmittal to the State for an Expedited State Review. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Town Square LUAR 17-005\Town Square LUAR 17-005 Staff Report.doc 11 Page 688 of 710 CITY OF BOYNTON BEACH EXHIBIT A TOWN SQUARE LOCATION MAP Total Town Square area: 16.5 acres 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 689 of 710 CITY OF BOYNTON BEACH EXHIBIT 131 CURRENT FLU CLASSIFICATIONS FOR TOWN SQUARE AND ADJACENT AREAS 1 1 NE 3rd Ave " 1 I E Boynton Beach Blvd NE 1st E Ocean Ave st zna Legend Future Land Use Classifications l LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre 2 LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) p%j4 N`Q,\t INDUSTRIAL (1) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) Town Square Last amended October 20, 2015 N W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 690 of 710 CITY OF BOYNTON BEACH EXHIBIT B2 CURRENT ZONING DESIGNATIONS FOR TOWN SQUARE AND ADJACENT AREAS L° I I ' NE 3rd Ave I I C2 Neighborhood Commercial C3 Community Commercial C4 General Commercial CBD Central Business District 0 M1 Light Industrial PU Public Usage `;''' REC Recreation 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Town Square Page 691 of 710 CITY OF BOYNTON BEACH EXHIBIT C1 PROPOSED FLU CLASSIFICATION FOR TOWN SQUARE* 1 1 NE 3rd Ave " 1 I E Boynton Beach Blvd st °Ave st zna * NOTE: Areas adjacent to Town Square shown N with the current FLU classifications W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 692 of 710 CITY OF BOYNTON BEACH EXHIBIT C2 PROPOSED ZONING DESIGNATION FOR TOWN SQUARE 90POV-11, L° I I ' NE 3rd Ave I I E Boynton Beach Blvd st Ave C2 Neighborhood Commercial C3 Community Commercial C4 General Commercial CBD Central Business District 0 M1 Light Industrial MU -3 Mixed Use 3 Town Square 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 693 of 710 CITY OF BOYNTON BEACH: TOWN SQUARE EXHIBIT D CRA COMMUNITY REDEVELOPMENT PLAN'S FLU RECOMMENDATIONS FOR CULTURAL AND AND BOYNTON BEACH BOULEVARD DISTRICTS LEGEND Town Square Cultural District Q Boynton Beach Blvd District Mixed Use High (MXH), Max. Density 80 D.U./Acre Mixed Use Medium (MXM), Max. Density 50 D.U./Acre Low Density Residential , Max. Density 7.5 D.U./Acre N W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 694 of 710 14.1. FUTURE AGENDA ITEMS 12/5/2017 REQUESTED ACTION BY COMMISSION: Approve Eden Ridge Rezoning (REZN 18-001) from R -1 -AA Single -Family Residential District to R -1-A Single -Family Residential District. Applicant: Aldo Kosuch of Eden Ridge, LLC. EXPLANATION OF REQUEST: The 2.43 -acre property is developed with a structure containing three rental dwellings, a nonconforming use under its current R -1 -AA Single -Family Residential zoning district. The applicant requests rezoning to the R- 1 -A Single -Family Residential district to allow for replatting of the property into an eight single-family lot subdivision. The proposed rezoning would contribute to the single-family home inventory which remains relatively low county -wide. In recent years, residential construction within the City has been dominated by multifamily rental apartments. The maximum density of the proposed zoning district is 6 units per acre, only slightly higher than 5.5 units per acre maximum allowed under the property's current R -1 -AA zoning. The proposed zoning is consistent with that of the nearby area to the south of the subject property. If the request is approved, the parcel directly south of the subject parcel will remain the only property within the area zoned R -1 -AA. Staff encouraged the applicant to include both parcels in the rezoning application; however, the applicant's attempts to secure the participation of the abutting property owner failed. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact on City programs or services. FISCAL IMPACT: The proposed rezoning would support eight single-family homes and the corresponding increase of the City's tax base. ALTERNATIVES: Staff recommends no alternatives. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 695 of 710 Is this a grant? Grant Amount: ATTACHMENTS: Type D Staff Report Description Staff Report Page 696 of 710 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-058 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: October 20, 2017 PROJECT: Eden Ridge (REZN 18-001) REQUEST: Approve Eden Ridge rezoning from R -1 -AA Single -Family Residential District to R-1 -A Single -Family Residential District PROJECT DESCRIPTION Property Owner: Eden Ridge, LLC Applicant: Aldo Kosuch/ Eden Ridge, LLC Agent: Christi Tuttle, Miller Land Planning, Inc. Location: 3479 S. Seacrest Blvd. (Exhibit "A") Existing Land Use/ Zoning: Low Density Residential (LDR) / R -1 -AA Single -Family Residential Proposed Land Use/ Zoning: Low Density Residential (LDR) / R-1 -A Single -Family Residential Acreage 2.43 acres Adjacent Uses: North: Seacrest Scrub Nature Area, classified Conservation (CON) and zoned REC Recreation; Page 697 of 710 Page 2 Eden Ridge REZN 18-001 South: Single-family home and orchard grove, classified Low Density Residential (LDR) future land use and zoned R -1 -A -A Single -Family Residential District; East: Seacrest Scrub Nature Area, classified Conservation (CON) and zoned REC Recreation; West: Right-of-way for S. Seacrest Boulevard, and farther west, St. Joseph's Episcopal Church/School, classified Public Usage (PU) future land use and zoned R-1-AAB Single -Family Residential District. BACKGROUND The 2.43 acre property is developed with a structure containing three rental dwelling units, a nonconforming use in the R -1 -AA Single -Family Residential zoning district. The applicant requests rezoning to R -1-A Single -Family Residential district, which would allow replatting the property into the proposed eight single-family lot subdivision. REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.D.3-. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. As noted above, the proposed rezoning would support replatting the property into the eight single-family lot subdivision, thus augmenting the single-family home inventory which remains relatively low county -wide. In recent years, residential construction within the City has been dominated by multifamily rental apartments. Currently, the property is underutilized, and its use is non -conforming under both present and proposed zoning. The rezoning would allow full utilization of land under the zoning district consistent with that of the nearby area to the south of the subject property. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed rezoning is consistent with the intent of policies of the Land Use Element of the Comprehensive Plan, including: 2 Page 698 of 710 Page 3 Eden Ridge REZN 18-001 Policy 1.12.1 The City shall continue efforts to encourage a variety of housing choices by allowing a full range of residential densities to accommodate a diversity of housing choices including, single family, multi -family, manufactured and mobile dwellings and group homes. As already noted, most housing units built in the City during the last five years are multifamily rental dwellings. The proposed rezoning would support a single-family home subdivison. Policy 1. 12.2 The City shall continue to maintain and improve the character of existing single-family and lower -density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, contributes to the implementation of adopted redevelopment plans, or furthers the City's affordable housing The proposed rezoning would eliminate a non -conforming use from a single-family neighborhood. The increase of the maximum density between the existing and proposed zoning district is only 0.5 du/acre, and the proposed zoning is consistent with zoning of the nearby areas south of the subject property. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed rezoning will not be contrary to the established land use pattern, will not create an isolated district, nor will it constitute a grant of special privilege to the owner. The subject parcel and the parcel directly south of it are the only properties in the residential neighborhoods south of the Seacrest Scrub that that carry a zoning designation of R -1 -AA. The requested designation of R -1 -AA is consistent with zoning of the subdivisions south of the two parcels. If the request is approved, the parcel directly south of the subject parcel will remain the only property with the R -1 -AA zoning designation within the area. Following good planning practices, staff encouraged the applicant to include both parcels in the rezoning application; however, the applicant's attempts to secure the participation of the abutting property owner failed. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the 3 Page 699 of 710 Page 4 Eden Ridge REZN 18-001 Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed rezoning does not meet the main sustainability characteristics as listed above; however, residents in new single-family homes would have easy access to public transportation, with stops of the Palm Tran Bus Route 70 conveniently located on S. Seacrest Boulevard at Mission Hill Road and at SE 34th Avenue. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. The request is for rezoning only. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The proposed rezoning would be compatible with the use of adjacent and nearby properties (see response to criterion "c," Land Use Pattern), and would not negatively affect the property values. The scale or the proposed rezoning is not significant enough to have impact on the needs of the neighborhood. g. Economic Development Impact Determination for Conventional Zonin_g Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would.- (1) ould. N/A. (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. 4 Page 700 of 710 Page 5 Eden Ridge REZN 18-001 g. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions. (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. N/A h. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The City has little vacant land left; however, there are a number of R -1 -A -zoned residential neighborhoods, especially north of Woolbright Road, which likely include vacant and/or for sale lots. These lots are, on average, small and involve multiple owners; it is thus challenging to assemble land for a bigger project. The subject property, if rezoned, is large enough to develop into an 8 -lot subdivision. L Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The proposed rezoning does not involve a master plan or a site plan. The subdivision plat will be reviewed at a later date. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed rezoning and determined that it meets the rezoning criteria as defined by the Land Development Regulations, Chapter 2, Article II, Section 2.D.3, including consistency with the policies of the Comprehensive Plan. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\Eden Ridge\Eden Ridge REZN 18-001\REIN 18-001 Eden Ridge Staff Report.doc 5 Page 701 of 710 14.J. FUTURE AGENDA ITEMS 12/5/2017 REQUESTED ACTION BY COMMISSION: Approve Ocean Breeze East Rezoning (REZN 18-002) from MU -1_2 (Mixed Use–Low Intensity 2 District) to MU -2 (Mixed Use 2 District) to support the conveyance of CRA -owned land for a mixed-use development on 4.39 acres in the Heart of Boynton District. Applicant: City -initiated. EXPLANATION OF REQUEST: The subject property, provisionally referred to as Ocean Breeze East, consists of two (2) Boynton Beach CRA -owned parcels in the Heart of Boynton District as designated by the CRA Community Redevelopment Plan. The 21 single-family home Ocean Breeze West development was recently completed on the west side of Seacrest Boulevard. The subject request is city -initiated, consistent with the provisions of the Land Development Regulations (LDRs). Since 2015, the LDRs have allowed the City to proactively initiate and process future land use reclassifications and rezonings to planned zoning districts for selected sites—if recommended by a significant planning document(s)—without a concurrent review of a master plan. The request meets this condition as it will implement the recommendation of the CRA Plan. The request represents the continuation of "house cleaning" tasks following major changes to the City's future land use (FLU)/zoning structure as part of the implementation of the CRA Plan. The "new" FLU structure was adopted into the Comprehensive Plan on July 18, 2017 and is now reflected in the amended FLU map, with the subject property classified MXM, Mixed Use Medium future land use. The FLU/zoning structure was codified on September 19, 2017; the "new" zoning districts include MU -2 (Mixed Use 2). The proposed MU -2 zoning district, otherwise essentially the same district as MU -L2, nevertheless allows for a significantly higher maximum density than the existing designation (40 versus 30 dwelling units/acre). Since the new zoning structure does not include a district with the same density cap, MU -1_2 is the appropriate choice, consistent with the recommendations of the CRA Plan. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on City services or programs, however, depending on the type of project, the developer will have to coordinate the required water, sewer and stormwater improvements with the Utilities Department. FISCAL IMPACT: The future project will contribute to the City's tax base. ALTERNATIVES: None recommended. STRATEGIC PLAN: Page 702 of 710 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 703 of 710 14. K. FUTURE AGENDA ITEMS 12/5/2017 REQUESTED ACTION BY COMMISSION: Approve Soleil Early Learning Academy Conditional Use and Major Site Plan Modification (COUS 18-001 / MSPM 18-001) for the conversion of a one-story, 2,659 square foot counseling center office building to a day care facility and related site improvements, located at 201 SW 23rd Avenue / Golf Road in the C-1 (Office Professional) zoning district. Applicant Cristine Thibodeau. EXPLANATION OF REQUEST: Cristine Thibodeau is seeking Conditional Use / Major Site Plan Modification approval for the conversion of a one-story, 2,659 square foot office building to a day care facility for up to 43 children and related site improvements. The project consists of primarily interior renovations, with some improvements to landscaping and the addition of outdoor play apparatus. The site was last used as a counseling office, and before that it housed another day care operation (Miss Little's School) for many years. The property was recently re - landscaped as part of a Minor Site Plan Modification for the previous counseling office certificate of occupancy. The day care use is generally compatible with commercial uses adjacent to the site and with the abutting residential properties, with the buffering associated with the existing six (6) foot tall buffer wall and landscaping furthering the compatibility. The building would retain the outward appearance, with the same colors. Staff recommends that the subject request be approved. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole will be negligible, other than the associated permit fees and certificate of use fees. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 704 of 710 Is this a grant? Grant Amount: Page 705 of 710 14. L. FUTURE AGENDA ITEMS 12/5/2017 REQUESTED ACTION BY COMMISSION: Approve High Ridge Country Club Major Site Plan Modification (MSPM 17-009) to construct a new one- story, 54,500 square foot clubhouse building, gatehouse, and related site improvements, located at 2400 Hypoluxo Road in the Recreation (REC) zoning district. Applicant: Donaldson Hearing, Cotleur & Hearing EXPLANATION OF REQUEST: Donaldson Hearing of Cotleur & Hearing, representing High Ridge Country Club, Inc., is proposing to construct a new one-story, 54,500 square foot clubhouse building and related site improvements. The existing clubhouse structure will be demolished upon completion of the new one. The placement of the clubhouse complies with the minimum setbacks of the REC zoning district, being located approximately 1,500 feet south of Hypoluxo Road, completely hidden from view on the 174 -acre site, at the northern edge of the 18 -hole private golf course. The proposed clubhouse floor plan indicates the building will contain a pro shop, locker rooms, card rooms, lounge, grill, library, ballroom, kitchen, and fitness room. The elevation drawings indicate the building is designed as a one (1) -story structure with a typical roof height of approximately 26 feet, including a cupola in the center of the structure at 45 feet in height, in compliance with the 45 foot maximum height allowed in the REC zoning district. According to the applicant, the design of the proposed building is "Island Classical" vernacular. Staff recommends that the subject request be approved. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Collection of fees associated with the permit costs. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 706 of 710 Page 707 of 710 14.M. FUTURE AGENDA ITEMS 12/5/2017 REQUESTED ACTION BY COMMISSION: Approve Front Porch Setbacks (CDRV 17-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article 5. Supplemental Regulations, Section 3.A, to increase the magnitude of encroachment of front porches into the building setbacks. EXPLANATION OF REQUEST: The City's Supplemental Zoning Regulations include provisions for the encroachment of certain building elements into building setbacks such as awnings, patios, and steps. In applying these standards to a front porch, an uncovered porch less than one foot in height is only subject to a setback of two feet from the property line (a 2 -foot setback). However, a porch roof can only encroach into the setback of the principal structure by 3 feet (equivalent to a 22 -foot setback). Staff proposes that the Zoning Regulations be amended to allow encroachment of a porch roof and support posts by 10 feet, in lieu of the current standard of a three- (3) foot encroachment. Staff also proposes a minimum setback for porch roofs and support posts of 15 feet, to address the circumstance whereby the front setback of the principal structure is less than the minimum setback of 25 feet. A summary of the proposed amendment is as follows: • Unenclosed porches (roof & supports posts) may extend into the front building setback by 10 feet; • The front setback for the porch roof and support posts would not be less than 15 feet; and • Porch steps may encroach an additional 4 feet into the front setback. Although staff has previously contemplated the benefit of allowing greater setback flexibility for covered front porches, to promote the appearance and livability factors associated with the New Urbanism movement, this topic has been recently prompted by a dilemma reported within a Leisureville community. Staff understands that many homes were built with a standard -sized patio that cannot be roofed with perimeter support posts due to the dimension of the slab and minimum front setback. In some instances the support posts have been recessed to meet the building setback, which places them in an obstructive location on the porch thereby reducing porch area. Staff researched the standards of other cities and counties to find several of the codes that promote neo- traditional design concepts have special provisions for front porches. Such provisions encourage the presence and practical design of front porches, as well as the placement of front porches to be the focal point instead of a garage door. Staff proposes these code amendments to add flexibility in home design and construction, to increase the quality of living in residential buildings and neighborhoods, and to resolve the current situation within the Leisureville community. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A Page 708 of 710 ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 709 of 710 14. N. FUTURE AGENDA ITEMS 12/5/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: Annual Performance review of City Manager- December 19, 2017 EXPLANATION OF REQUEST: 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: Page 710 of 710