Agenda 02-02-16
INTERLOCAL AGREEMENT BETWEEN
PALM BEACH COUNTY AND THE CITYOF BOYNTON BEACHFOR THE
REIMBURSEMENT OF EMERGENCY MEDICAL SERVICES GRANT EQUIPMENT
THIS INTERLOCAL AGREEMENT(“Interlocal Agreement” or “Agreement”or “contract”)
is made as of the____day of ______________,2016,by and between the Board of County
Commissioners, Palm Beach County, a political subdivision of the State of Florida (herein
referred to as COUNTY), and theCITYof Boynton Beacha 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 Department of Health, Bureau of Emergency Medical Services (DOHEMS) is
authorizedby Chapter 40l, Part II, Florida Statutes, to dispense grantfunds. Forty-fivepercent
(45%)of these funds are made available to the 67 Boards of County Commissioners (BCCs)
throughout the State to improve and expand pre-hospital Emergency Medical Services (EMS)in
their county; and
WHEREAS, DOHEMS County grants are onlyawardedto Boards of County Commissioners
(BCC), however, each BCC is encouraged to assess its countywide EMS needs and establish
priorities beforesubmitting a grant application; and
WHEREAS, the COUNTY may reimburse and disburse the State trustfunds to licensed
emergency medical providers; and
WHEREAS, the COUNTY agreesto reimbursethe CITYfrom its FY2015-2016EMS State
grant fundsfor the purchase of Target Solutions Software(“EQUIPMENT” or “EMS
equipment”)and the CITYagreesto accept said reimbursementunder the terms and conditions
of the EMS State grantand this Agreement.
Now, therefore, in consideration of the mutual promisescontained herein, COUNTY and CITY
agree as follows:
ARTICLE 1 –RECITALS
The above recitals are true, correct and incorporated herein.
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ARTICLE 2 -REPRESENTATIVE/MONITORING POSITION
The COUNTY’S representative/Agreement monitor during the term of this Agreement shall be
Sally Waite, whose telephone number is (561) 712-6484.
The CITY’S representative/contact monitor during the term of the Agreement shall be
Mike Landress, whose telephone number is (561)742-6337.
ARTICLE 3-PAYMENT TO CITY
The total amount to be paid by the COUNTY from its FY2015-2016EMS grant funds for the
purchased EMS Equipment as reimbursement to the CITYunder this Agreement shall not
exceed a total amount of sixteen thousand and one hundred dollars($16,100.00).
The CITYshall purchase the EQUIPMENT and submit the required documentation for
reimbursement (referenced in Article -4) to the COUNTY Representative at least ninety(90)
days before the expiration of the FY2015-2016EMS State Grant.Approved documentationwill
be processed bythe County Finance Department for paymentto the CITY.
ARTICLE 4-GRANT PROGRAM REQUIREMENTS
CITYSHALL:
A.Comply with general requirements, and conditionsof theStateEMS County Grant
Program.
B.Submit to the COUNTY Representative on or beforeSeptember 30, 2016copies of
paid receipts, invoices, or other documentation acceptable to the Palm Beach County
Finance Department to establish that the purchase of the EQUIPMENT was incurred
by the CITY.
C.Immediately return the purchased EQUIPMENTto the COUNTY, should theCITY
cease to operate its pre-hospital emergency medical services during the life of the
equipment.
D.Submit a training report to the COUNTY’S Division of Emergency Management to
include a sign in sheet, date, title and contact number of the persons trained for the
EQUIPMENTwithin 90 days of the effective date of this Agreement.This report
shall include all of the necessary training provided for the EQUIPMENTand will be
the responsibility of the CITYpurchasingthe EQUIPMENTto provide the training.
CITY’S failure to satisfactorily complete the training in the timeframe provided shall
constitute a breach of contract. As such, COUNTYmay terminate this Agreement and
demand return of the EQUIPMENT.
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ARTICLE 5–LIABILITY/INDEMNIFICATION
Each party to this Agreement shall be liable for its own actions and negligence. To the extent
permitted by law, and without waiving sovereign immunity beyond the limits set forth at Sec.
768.28,FloridaStatutes, the CITYagrees to indemnify, defend and hold harmless the COUNTY
against any actions, claims or damages arising out of the CITY’Suse, care and maintenance of
the EQUIPMENT.
ARTICLE 6–FILING
A copy of this InterlocalAgreement willbe filed by the County with the Clerk of Circuit Court
in and for Palm Beach County.
ARTICLE 7-AVAILABILITY OF FUNDS
The COUNTY'S performance and obligation to pay under this Agreement is contingent upon
annual appropriations from the FY2015-2016EMS State grant funds.On-going costs for EMS,
maintenance and replacement of the EQUIPMENTis the responsibility of the CITYand will not
be funded under this grant program.Suchcosts remain the responsibility of the CITY.The
COUNTYshall have no further obligation to the CITY,or any other person or entity.
ARTICLE 8–REMEDIES
This Interlocal Agreementshall be governed by the laws of the State of Florida. Any legal
action necessary to enforce the Interlocal Agreementwill 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 Contract 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 Contract, including
but not limited to any citizen or employees of the COUNTY and/or the CITY.
ARTICLE 9–ARREARS
The CITYshall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for
any Interlocal Agreement, debt, obligation, judgment, lien, or any form of indebtedness. The
CITYfurther warrants and represents that it has no obligation or indebtedness that would impair
its ability to fulfill the terms of this Interlocal 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 duringnormal business hours, at the CITY’Splace
of business.
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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 CITYwarrants 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 expressionor genetic
information.
CITYhas 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 CITYdoes not
have a written non-discrimination policy, it has acknowledged through a signed statement provided
for COUNTY affirming their non-discrimination policy conforms to R-2014-1421, as amended.
ARTICLE 12-AUTHORITY TO PRACTICE
The CITYhereby represents and warrants that it has and will continue to maintain all licenses
and approvals required to conduct pre-hospital emergency medical services during the life of the
equipment.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 Interlocal Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Interlocal 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 Interlocal Agreementshall be deemed valid and enforceable to
the extent permitted by law.
ARTICLE 14–NOTICE
All notices required in this Interlocal Agreementshall 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:
Sally Waite, EMS Manager
20 South Military Trail
West Palm Beach, FL
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With copy to:
Palm Beach County Attorney’s Office
th
301 North Olive Ave.–6Floor
West Palm Beach, Florida 33405
If sent to the CITY, notices shall be addressed to:
Mike Landress, EMS Coordinator
2080 High Ridge Road
Boynton Beach, FL 33426
Withacopyto:
JamesA.Cherof,CityAttorney
100EastBoyntonBeachBoulevard
BoyntonBeach,FL33435
ARTICLE 15-ENTIRETY OF CONTRACTUALAGREEMENT
The COUNTY and the CITYagree that this Interlocal Agreementsets forth the entire Interlocal
Agreementbetween 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 Interlocal
Agreementmay be added to, modified, superseded or otherwise altered, except by written
instrument executed by the parties hereto.
ARTICLE 16-EXPIRATIONOF INTERLOCAL AGREEMENT
This InterlocalAgreement shall automatically expire in five (5) years or upon the expiration of
the life of the EQUIPMENT, whichever comes first, in accordance with the State EMS County
Grant Program. At such time, the CITYmay dispose of said EQUIPMENTas surplus property
with no further municipal purpose.
ARTICLE 17-EFFECTIVE DATE
This Interlocal Agreement shall become effective when signed by both the COUNTYandthe
CITY.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County,
Florida has made and executed this Interlocal Agreementon behalf of the COUNTY and CITY
has hereunto set its hand the day and year above written.
PALM BEACH COUNTYCITYOF BOYNTON BEACH
BOARD OF COUNTY COMMISSIONERS
By: ______________________________By:______________________________
Vincent J. BonventoCityRepresentative
Director of Public Safety
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGAL SUFFICIENCYAND LEGAL SUFFICIENCY
By_________________________ By_________________________
County AttorneyCityAttorney
APPROVED AS TO TERMS APPROVED AS TO TERMS
AND CONDITIONSAND CONDITIONS
By_______________________ By_______________________
DivisionDirectorCityRepresentative
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EXHIBIT A
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended December 31, 2015 (25% of Fiscal Year)
REVENUES
FY 2015-16FY 2015-16 TO DATEFY 2014-15 TO DATE
FY 2014-15
ACCOUNTS
REVENUE%%REVENUE
REALIZEDREALIZED
REALIZEDREALIZED
APPROVEDAPPROVED
AD VALOREM TAXES, net35,437,711$ 28,637,410$ 81%32,304,232$ 26,621,785 82%
LESS TIF TAXES TO CRA(5,985,241) (5,985,241) 100%(5,186,878)(5,186,878) 100%
NET TAXES TO THE CITY29,452,470 22,652,169 77%27,117,35421,434,907 79%
LICENSES AND PERMITS
FRANCHISE FEES4,830,000 1,318,741 27%4,420,000 1,337,688 30%
BUSINESS TAXES1,545,000 1,404,724 91%1,690,000 1,329,679 79%
BUILDING PERMITS2,154,000 587,066 27%2,415,000 441,416 18%
OTHR LICENSES, FEES & PER180,000 148,653 83%170,000 114,736 67%
INTERGOVERNMENTAL REVENUES
OTHER FEDERAL REVENUE130,000 8,654 7%55,000 6,758 12%
STATE SHARED REVENUES8,239,000 1,266,796 15%7,724,000 1,774,224 23%
SHRD REV FROM OTHR LCL395,000 56,769 14%440,000 73,253 17%
CHARGES FOR SERVICES
PYMTS IN LIEU OF TAXES121,300 115,727 95%104,000 121,647 117%
CHRGS-GENERAL GOVT459,000 148,421 32%616,798 156,806 25%
PUBLIC SAFETY4,870,949 1,558,687 32%4,383,605 1,819,252 42%
PHYSICAL ENVIRONMENT20,000 5,950 30%20,000 7,200 36%
CULTURE/RECREATION410,500 119,921 29%353,000 118,947 34%
INTEREST & MISC REVENUE
VIOLATIONS LOCAL ORD.595,000 215,748 36%603,860 195,805 32%
INTEREST EARNINGS50,000 580 1%50,000 1,135 2%
RENTS AND ROYALTIES367,200 111,105 30%351,000 85,736 24%
4,514,332 81%
SPECIAL ASSESSMENTS5,541,500 4,533,718 82%5,542,000
SALE OF SURPLUS MATERIAL2,000 520 26%2,000 27 1%
LIBRARY FINES30,000 3,935 13%30,000 4,531 15%
OTHER MISC. REVENUE233,000 70,533 30%237,000 39,659 17%
INTERNAL FUND TRANSFERS
TRANSFERS16,442,000 4,110,500 25%16,518,000 4,129,500 25%
FUND BALANCE APPROPRIATED450,645 112,661 25%951,781 237,945 25%
Total Revenues 76,518,564$ 38,551,578$ 50%73,794,398$ 37,945,183 51%
$90,000
Two Year Cumulative Revenue Comparison and CFY
Budget -($ in thousands)
$80,000
$76,519
$74,820
$72,022
$70,000
$67,909
$63,800
$60,000
$60,514
$56,202
$50,000
$51,385
$46,667
$42,412
$40,000
$38,552
$37,708
$30,000
$20,000
$14,171
$14,235
$10,000
$4,685
$4,690
$0
OctNovDecJanFebMarAprMayJunJulAugSep
S:\\Finance\\Financial Reports\\Monthly Financial Reports\\FY2015-2016\\Budget Review - GF - thru Dec 15 Summarized001 Revenue Summary Revised1/22/2016
EXHIBIT A
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended December 31, 2015 (25% of Fiscal Year)
Cumulative201415ActualCumulative201516Actual201516Budget
S:\\Finance\\Financial Reports\\Monthly Financial Reports\\FY2015-2016\\Budget Review - GF - thru Dec 15 Summarized001 Revenue Summary Revised1/22/2016
EXHIBIT B
CITY OF BOYNTON BEACH, FLORIDA
GENERAL FUND ANALYSIS
STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended December 31, 2015 (25% of Fiscal Year)
EXPENDITURES
FY 2015-16 FY 2014-15
FY 2015-16 TO DATEFY 2014-15 TO DATE
ACCOUNTS
BUDGET %%BUDGET
EXPENDEDEXPENDED
EXPENDEDEXPENDED
APPROVEDAPPROVED
GENERAL GOVERNMENT
CITY COMMISSION260,692$ 72,382$ 28%252,374$ 68,626$ 27%
CITY MANAGER585,310264,77645%631,275255,94341%
CITY HALL/GEN. ADMIN.3,326,639504,21915%2,121,218453,96021%
MARKETING /COMMUNICATIONS234,81189,43538%180,64621,2130%
CITY CLERK611,709177,87729%565,942181,42932%
CITY ATTORNEY600,944123,36021%596,893115,57919%
FINANCIAL SERVICES1,175,704493,54742%1,163,228418,32136%
ITS2,036,828668,30933%1,917,477658,31934%
HUMAN RESOURCES755,200254,45634%735,597254,05235%
PUBLIC SAFETY
UNIFORM SERVICES13,798,3296,061,76044%13,682,2267,026,95251%
ADMINISTRATIVE SERVICES7,281,6792,529,48735%7,023,3141,732,0810%
SUPPORT SERVICES8,381,2893,702,93344%8,582,9942,018,5730%
FIRE21,927,5879,706,79944%21,473,5538,294,75039%
EMERGENCY MANAGEMENT81,9145,6377%46,9141,8094%
BUILDING & DEVELOPMENT
DEVELOPMENT1,000,576407,73041%892,532301,79734%
BUILDING1,191,318335,17128%1,183,613369,05831%
ENGINEERING675,777290,22843%689,856240,84935%
PLANNING & ZONING742,572327,69444%700,921261,21137%
ECONOMIC DEVELOPMENT266,10877,53229%223,33974,49933%
PUBLIC WORKS
PUBLIC WORKS221,69591,99341%231,90785,59937%
FACILITIES MANAGEMENT1,611,462436,34227%1,529,462411,23927%
STREETS MAINTENANCE1,085,307380,91535%1,119,169377,17634%
LEISURE SERVICES
LIBRARY2,261,401850,62138%2,234,621742,84033%
SCHOOLHOUSE MUSEUM SERV301,65369,53823%336,44478,33823%
RECREATION2,974,4291,106,72637%2,927,630950,02232%
PARKS & GROUNDS3,127,631794,74725%2,751,253610,19522%
CRA REIMBURSABLE & RESERVES- 9,8990%012,9560%
Total Expenditures76,518,564$ 29,834,113$ 39%73,794,398$ 26,017,386$ 35%
$90,000
Two Year Cumulative Expenditure Comparison and
CFY Budget -($ in thousands)
$80,000
$76,519
$70,000
$71,072
$65,430
$60,000
$60,527
$54,304
$50,000
$49,469
$45,001
$40,000
$40,703
$36,385
$29,834
$30,000
$32,047
$23,362
$26,017
$20,000
$21,511
$17,074
$10,276
$10,000
$6,377
$0
OctNovDecJanFebMarAprMayJunJulAugSep
Cumulative201415ActualCumulative201516Actual201516Budget
S:\\Finance\\Financial Reports\\Monthly Financial Reports\\FY2015-2016\\Budget Review - GF - thru Dec 15 Summarized001 Expenditure Summary Revised1/22/2016
EXHIBIT C
CITY OF BOYNTON BEACH, FLORIDA
UTILITY FUND ANALYSIS
STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended December 31, 2015 (25% of Fiscal Year)
REVENUES
FY 2015-16 TO DATEFY 2014-15 TO DATE
FY 2015-16 FY 2014-15
REVENUE REVENUE
ACCOUNTSBUDGET %%BUDGET
REALIZEDREALIZED
APPROVEDREALIZEDREALIZEDAPPROVED
WATER SALES19,490,000$ 5,117,663$ 26%18,400,000$ 4,823,766$ 26%
WATER CONNECTION FEE25,000 11,455 46%10,000 8,660 87%
WATER SERVICE CHARGE 210,300750,000 28%500,000 236,290 47%
WTR-BACKFLOW PREVNTR TEST5,000 6,250 125%5,000 - 0%
RECLAIMED WATER SALES60,000 14,643 24%40,000 23,062 58%
SEWER SERVICE17,988,000 4,588,901 26%17,254,000 4,419,585 26%
STORMWATER UTILITY FEE3,790,000 953,223 25%3,610,000 942,002 26%
TELEVISE SEWER LINES2,500 2,051 82%7,000 - 0%
FEES10,000 9,368 94%10,000 - 0%
INTEREST INCOME40,000 - 0%50,000 - 0%
SALE OF SURPLUS EQUIP.- 532 0%- 1,144 0%
OCEAN RGE UT TAX ADM CHG800 159 20%800 117 15%
BAD DEBT RECOVERIES500 - 0%500 - 0%
MISCELLANEOUS INCOME- 28,252 0%- 712 0%
TRANSFER FROM SANITATION FUND- - 0%101,000 25,250 25%
FUND BALANCE DECREASE (INCREASE)56,108 14,027 25%353,230 88,308 25%
26%40,341,530$ 10,568,896$ 26%
TOTAL REVENUES42,217,908$ 10,956,824$
$50,000
Two Year Cumulative Revenues Comparison and
$43,789
CFY Budget -($ in thousands)
$42,218
$40,000
$40,082
$36,483
$32,684
$30,000
$28,966
$25,377
$22,070
$20,000
$17,963
$14,282
$10,957
$10,000
$10,481
$7,210
$6,955
$3,570
$3,395
$0
OctNovDecJanFebMarAprMayJunJulAugSep
Cumulative201415ActualCumulative201516Actual201516Budget
S:\\Finance\\Financial Reports\\Monthly Financial Reports\\FY2015-2016\\Budget Review - UF - thru Dec 15 Summarized401 Rev Sum
EXHIBIT D
CITY OF BOYNTON BEACH, FLORIDA
UTILITY FUND ANALYSIS
STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL
Fiscal Year Period Ended December 31, 2015 (25% of Fiscal Year)
EXPENDITURES
FY 2015-16 TO DATEFY 2014-15 TO DATE
FY 2015-16 FY 2014-15
ACCOUNTS
BUDGET %%BUDGET
EXPENDEDEXPENDED
EXPENDEDEXPENDED
APPROVEDAPPROVED
WATER DISTRIBUTION1,657,954$ 612,384$ 37%1,533,357$ 454,085$ 30%
PUBLIC WATER TREATMENT5,693,371 1,714,214 30%5,595,214 1,679,311 30%
METER READING & SERVICES1,208,362 414,431 34%931,685 328,013 35%
WASTEWATER COLLECTION1,710,597 574,907 34%1,605,462 484,462 30%
WASTEWATER PUMPING STATNS2,577,842 812,848 32%2,416,722 715,506 30%
SEWAGE TREATMENT4,405,000 771,296 18%4,600,000 812,252 18%
WATER QUALITY662,894 234,096 35%706,548 231,596 33%
UTILITY ADMINISTRATION14,547,294 3,722,337 26%12,940,399 3,121,478 24%
UTILITES ENGINEERING1,130,746 469,963 42%1,324,956 452,839 34%
STORMWATER MAINTENANCE978,291 319,221 33%1,020,884 261,768 26%
CUSTOMER RELATIONS1,562,822 553,239 35%1,581,519 417,161 26%
DEBT SERVICE6,082,735 1,545,794 25%6,084,784 1,545,031 25%
Total Expenditures42,217,908$ 11,744,730$ 28%40,341,530$ 10,503,502$ 26%
$50,000
Two Year Cumulative Expenditures Comparison and
CFY Budget -($ in thousands)
$42,218
$40,000
$38,109
$34,631
$31,697
$30,000
$28,413
$25,442
$22,147
$20,000
$19,319
$16,470
$13,675
$11,745
$10,000
$10,504
$8,190
$5,073
$7,606
$4,736
$0
OctNovDecJanFebMarAprMayJunJulAugSep
Cumulative201415ActualCumulative201516Actual201516Budget
S:\\Finance\\Financial Reports\\Monthly Financial Reports\\FY2015-2016\\Budget Review - UF - thru Dec 15 Summarized401 Exp Sum
Boynton Beach Art in Public Places
Enriching our Community through Public Art
Date: January 8, 2016
Memo to: Lori LaVerriere, City Manager
cc: James Cherof, City Attorney
cc: Andrew Mack, Development Director/City Engineer
Cc: Tim Howard, Finance Director
From: Debby Coles-Dobay, Public Art Manager
Subject: Public Art Ordinance Exempting Residential Communities
The City Commission has requested that legal prepare an Public Art Ordinance amendment to
exempt the public art fee for all residential communities dated back to the ordinance adoption in
October 5, 2005.
On October 5, 2005 the Public Art Ordinance was adopted that states a 1% fee on construction value
of development, redevelopment, reconstruction or remodeling projects exceeding $250,000. The 30%
of the 1% fees collected, funds the public art operations budget. Exempting residential communities
will result in a liability to return funds to the projects whoÈs fees have already been collected. This
action will create a negative fund balance for the operations of the public art department and itÈs
programs such as the Avenue of the Arts and International Kinetic Art Exhibit and Symposium.
The 70% of the 1% fee determines the public art budget that is integrated into the project and is
accessible to the public. Developers are required to submit their pubic art proposal and the artist of
record for approval by the Arts Commission. At time of Certificate of Occupancy, if the public art
project is not 50% or more completed the 70% of the 1% is collected and placed in escrow. Once the
project is final, inspected and approved by the Arts Commission the funds are returned. Since the
programs inception there are several successfully installed public art projects in residential
communities. A brief slide show is available for presentation.
Total fees collected on residential development projects that have complied to the Public Art
Ordinance since itÈs adoption in 2005, totals $671,516.81. The Public Art budget for 2015/16, which is
funded by 30% of the 1% fees collected, is $164,395.00. Reimbursement of fees collected and
eliminating future fees for residential communities would leave a negative Public Art budget. The City
would be responsible and liable to reimburse the fees collected.
Staff recommends an alternate amendment that will exempt remodeling, repair, reconstruction, or
additions to any existing amenity such as clubhouse, building, pool, park, playground and/or common
area elements located within an existing residential development. See attached recommended
alternative public art ordinance amendment.
By adopting the alternate amendment it would limit the reimbursement fee liability from $671,516.81
to $28,414.00. Of the $28,414.00 the amount of $19,250.00 is currently held in escrow.
Public Art Manager Office of the City Manger
100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 ¥ phone 561.742.6026 ¥ email: ColesDobayD@bbfl.us
www.BoyntonBeachArts.org Facebook Boynton Beach Art in Public Places www.IntlKineticArtEvent.org