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Agenda 10-06-15The City of Boynton Beach City Commission Agenda Tuesday, October 6, 2015, 6:30 PM City Hall Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting Boynton Beach City Commission Mayor Jerry Taylor (At Large) Vice Mayor Joe Casello (District IV) Commissioner David T. Merker (District 1) Commissioner Mack McCray (District 11) Commissioner Michael M. Fitzpatrick (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boy nton- beach. org Page 1 of 464 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). Page 2 of 464 OPENINGS A. Call to Order - Mayor Jerry Taylor I nvocation Pledge of Allegiance to the Flag led by Commissioner David Merker Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Boynton Beach Community High School's Principal Mr. Fred Barch on the latest fundraising efforts for the Dimensional Harmony to travel to London and perform at the London International Choral Festival. Mr. Barch will introduce Sterling Frederick, Choir Director, who in turn, will conduct the choir in several songs for the audience. B. Vice Mayor Casello to introduce Ms. Beverlee Miller Raymond who intends to present a donation to assist the Dimensional Harmony Choir of Boynton Beach Community High School to honor the invitation of Past Lady Mayor of Westminster Catherine Longworth to sing at the London International Choral Festival. C. Announcement by Recreation & Parks Director Wally Majors regarding the "Fall Festival" event, which will be held at Intracoastal Park on Saturday, October 10, 2015 from 3:00 to 6:00 p.m. D. Announcement by Eleanor Krusell, Communications Manager, regarding the Digital Photo Contest for the City's 2016 Calendar. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings east: Arts Commission: 1 Reg Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 Stu Golf Course Advisory Committee: 1 Alt Recreation and Parks Board: 1 Alt Planning and Development Board: 1 Alt Page 3 of 464 Senior Advisory Board: 1 Reg and 2 Alts B. Authorize City Commissioners to travel to Tallahassee, FL to attend Palm Beach County Days, January 12-13, 2016. 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. R15-120 - Approve the expenditure of $7,825 for the Subscription Agreement with American Funding Innovators, Inc. and authorize the City Manager to execute the agreement. B. PROPOSED RESOLUTION NO. R15-121 - Approve the City's State Housing Initiatives Partnership (SHIP) Program Special Annual Report and authorizing the Mayor or his designee to execute the Certification to accompany the report. C. PROPOSED RESOLUTION NO. R15-122 - Allow for a Waiver of Right of First Refusal for PNC Bank, National Association, owner of 293 Meadows Drive, Boynton Beach, Florida, 33426, and authorizing the Mayor or his designee to sign this document. D. PROPOSED RESOLUTION NO. R15-123 - Authorize the City Manager to sign a three (3) year equipment/software maintenance agreement with Physio Control for Lucas CPR devices for an annual cost of $6,330. E. PROPOSED RESOLUTION NO. R15-124 - Authorize the City Manager to have signature powers on behalf of the City of Boynton Beach for the establishment of quiet zones along both the CSX and FEC Rail corridors. F. PROPOSED RESOLUTION NO. R15-125 - Amend the FY2014-2015 Budget to adjust budgeted appropriations and revenue sources to provide spending authority for Operating and Capital Improvement Projects as need to cover anticipated expenditures for FY 2014-2015. G. PROPOSED RESOLUTION NO. R15-126 - Award and authorize the City Manager to sign a Two Year Lease Agreement with Ultimate Bakery and Pastry, Inc. to operate the Restaurant at the Links Golf Course as a result of RFP No. 061-2910-15/JMA. H. Approve the purchase of three (3) Thermal Imager Cameras from Municipal Equipment Company of Orlando, FL, by utilizing Lake County Contract 12-0806M for an estimated total cost of $29,198.55. I. Accept the Fiscal Year 2014-2015 Budget Status Report of the General Fund and the Utilities Fund for the eleven (11) month period ending August 31, 2015. J. Approve the minutes from the Regular City Commission meeting held on September 15, 2015 and the Special Meetings held on September 9th and 30th, 2014. 7. BIDS AND PURCHASES OVER $100,000 A. Award the bid for a "Two Year Bid for Diesel/Propane Generator and By-Pass Pump Maintenance and Repair Service", Bid No. 066-2821-15/JMA for the Utilities and Facilities Departments to Advance Generator Sales and Service, Inc. of Royal Palm Beach, FL. for an annual anticipated expenditure of $125,000. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Page 4 of 464 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 15-025 - FIRST READING - PUBLIC HEARING - Approve MILK South (LUAR 15-001) Future Land Use Map amendment from Local Retail Commercial (LRC) and Medium Density Residential (MeDR) to Mixed Use (MX), and PROPOSED ORDINANCE NO. 15-026 - FIRST READING - PUBLIC HEARING - Approve rezoning from C-2 (Neighborhood Commercial District) and R-2 (Single -and Two -Family Residential District), to MU -1_2 (Mixed Use Low Intensity 2 District). Applicant: City -initiated at the CRA request. B. PROPOSED ORDINANCE NO. 15-027 - FIRST READING - PUBLIC HEARING - Approve Ocean Breeze East (LUAR 15-003) Future Land Use Map amendment from High Density Residential (HDR) to Mixed Use (MX) and PROPOSED ORDINANCE NO. 15-028 - FIRST READING - PUBLIC HEARING - Approving rezoning from R-3 (Multi -Family Residential District) to MU -1_2 (Mixed Use -Low Intensity 2 District). Applicant: City -initiated at the request of CRA 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R15-127 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) to provide financial support to the Related Urban Development Group (RUDG, LLC) in association with their application for the 9% tax credit for Low Income Housing Tax Credits for the proposed development known as Ocean Breeze East and sign any related application documents to confirm such support. B. Approve the release of land parcels owned by the CRA as approved at the CRA Board meeting on September 8, 2015. 13. LEGAL A. PROPOSED ORDINANCE NO. 15-023 - SECOND READING - PUBLIC HEARING - Approve amendments to the LDR to 1) allow City -initiated requests for rezoning lands to a planned zoning district to be processed without a concurrent master plan or site plan; and 2) exempt City -initiated Future Land Use Map (FLUM) amendment and rezoning requests implementing recommendations of redevelopment plans from the full criteria -based review. B. PROPOSED ORDINANCE NO. 15-024 - SECOND READING - PUBLIC HEARING - Approve Petition to Expand Boundaries of Boynton Village Community Development District. C. PROPOSED RESOLUTION N0. R15-128 - Consider and act on Resolution designating the City Commissioners as the sole members of a five (5) member CRA Board. 14. FUTURE AGENDA ITEMS - None 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) Page 5 of 464 THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDAAFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 464 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Jerry Taylor I nvocation Pledge of Allegiance to the Flag led by Commissioner David Merker 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: REVIEWERS: Department City Clerk 1.A. OPENING ITEMS 10/6/2015 Reviewer Action Date Prainito, Janet Approved 0/16/2015 - 6:56 AM Page 7 of 464 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk 2.A. OTHER 10/6/2015 Reviewer Action Date Prainito, Janet Approved 0/16/2015 - 6:50 AM Page 8 of 464 433 ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: Announcement by Boynton Beach Community High School's Principal Mr. Fred Barch on the latest fundraising efforts for the Dimensional Harmony to travel to London and perform at the London International Choral Festival. Mr. Barch will introduce Sterling Frederick, Choir Director, who in turn, will conduct the choir in several songs for the audience. EXPLANATION OF REQUEST: Dimensional Harmony, the award-winning chorus at Boynton Beach High Community School (BBCHS), was personally invited by past Lord Mayor of London Borough of Westminster, Catherine Longworth, to perform at the London International Choral Festival. The Festival is scheduled for December 2, 2015 through January 2, 2016 and is part of London's New Year's Celebration. Participation in the London International Choral Festival is by invitation only. Dimensional Harmony is only one of seven choruses officially invited worldwide, and the only in Florida. The Dimensional Harmony Choir has performed throughout the state, as well as Georgia, Tennessee and New York, where they were featured on the "Today Show", but have never performed in another country. The estimated cost for 50 choir members to travel to London and perform at the London International Choral Festival is approximately $149,000. A GoFundMe page (www.gofundme.com/vd4ghtd8) was set-up to secure donations and within its first 10 days, 36 people donated nearly $5,000. Boynton Beach Community High School's Principal, Mr. Fred Barch, will announce the latest fundraising efforts and encourage donations. Mr. Barch will introduce Sterling Frederick, Choir Director, who in turn, will conduct the choir in several songs for the audience. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Dimensional Harmony Choir of Boynton Beach Community High School's invitation to perform in London has already been featured in local media, providing positive coverage for the City. During its performance, they will also receive positive international media coverage. FISCAL IMPACT: Non -budgeted None ALTERNATIVES: Do not announce the Boynton Beach Community High School's fundraising efforts for Dimensional Harmony Choir to go to London and perform at the London International Choral Festival. Do not permit the Dimensional Harmony Choir to perform at the commission meeting. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: Page 9 of 464 Goal 4: High Performing City Organization; Management in Progress, #47. The mission of the Education Initiative is to foster relationships and partnerships between the City, the schools, and the community to cultivate workforce readiness, civic involvement, and business growth. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Manager Finance City Manager Reviewer Action Date Howard, Tim Approved 010012015 - 10:20 AM Howard, Tim Approved 010012015 - 11:00 AM LaVerriere, Lori Approved 01001201 - 4:02 PM Page 10 of 464 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: Vice Mayor Casello to introduce Ms. Beverlee Miller Raymond who intends to present a donation to assist the Dimensional Harmony Choir of Boynton Beach Community High School to honor the invitation of Past Lady Mayor of Westminster Catherine Longworth to sing at the London International Choral Festival. EXPLANATION OF REQUEST: On September 18th, Lady Mayor of Westminster Catherine Longworth was present and personally invited the Boynton Beach Community High School Dimensional Harmony Choir to sing at the London International Choral Festival. The cost for the trip to London will be approximately $3,000 per student. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Finance City Manager Reviewer Action Date Pyle, Judith Approved 0/28/2015 - 4:00 PM Howard, Tim Approved 0/30/2015 - 11:23 AM LaVerriere, Lori Approved 0/30/2015 - 4:34 PM Page 11 of 464 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors regarding the "Fall Festival" event, which will be held at Intracoastal Park on Saturday, October 10, 2015 from 3:00 to 6:00 p.m. EXPLANATION OF REQUEST: As part of the Play Outdoors... Unplugged series of events, the Recreation & Parks Department invites the community to the "Fall Festival" event. This series of events are intended to provide our community opportunities for healthy, fun activities that will motivate people to keep moving and smiling. The Fall Festival will include fall related activities, including the pumpkin toss, along with face painters, petting zoo, rock wall, train rides, balloon artist, and plenty of arts and crafts. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: Budgeted Funds for this event are included in the Department budget. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Addendum Fall Festival Flyer REVIEWERS: Department Reviewer Action Date Page 12 of 464 Recreation & Parks Assistant City Manager Finance Majors, Wally Approved Lejeune, Carisse Approved Howard, Tim Approved LaVerriere, Lori Approved 9]±20]5-¢]3 PKA 9]±20]5-¢]8 PKA UMADJ�� 9/3020]5-¢ PKA Page 13 0 464 E3 El : Boynion ea /< 3.D. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: Announcement by Eleanor Krusell, Communications Manager, regarding the Digital Photo Contest for the City's 2016 Calendar. EXPLANATION OF REQUEST: As a new addition to the production of this year's Annual Report and Calendar, the City has invited photographers to submit digital images that portray unique perspectives of City amenities, such as its marina, beach, parks, historical landmarks, public art, natural conservation areas, recreational activities, special events, wildlife, golf course, etc. Those interested may submit their digital image online at bit.ly/BB15Photo, no later than October 19th. Photos will be judged on originality, technical excellence, composition, overall impact, artistic merit and subject matter. Each selected photograph will receive a $100 award and be displayed above a month of the year. Information flyers are available in the back of the room. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Inviting the public to submit photographs for inclusion in the 2016 Annual Calendar is another method of civic engagement. FISCAL IMPACT: Budgeted Funding for 2016 Digital Photo Contest was included in the Division's budget. ALTERNATIVES: Do not announce the City's 2016 Digital Photo Contest. STRATEGIC PLAN: Positive and Exciting Boynton Beach Image: "Curb appeal" to Reputation STRATEGIC PLAN APPLICATION: Award winning entries from the City's 2016 Digital Photo Contest will be included in its 2016 Calendar distributed to 50,000+ residents, businesses and tourists contributing to Strategic Plan, Goal #5, "Positive and Exciting Boynton Beach Image: Curb Appeal" to Reputation" Long Term Challenges and Opportunities, #3 Marketing the Boynton Beach Brand and Arts. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 15 of 464 Is this a grant? No Grant Amount: ATTACHMENTS: Type Other REVIEWERS: Department City Manager Finance City Manager Description 2016 Digital Photo Contest Flyer Reviewer Action Date Howard, Tim Approved 916012016 - 10:60 AKA Howard, Tim Approved 916012016 - 11:03 AKA LaVerriere, Lori Approved 9/30/2015 - 4:62 PPA Page 16 of 464 5.A. ADMINISTRATIVE 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings east: Arts Commission: 1 Reg Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 Stu Golf Course Advisory Committee: 1 Alt Recreation and Parks Board: 1 Alt Planning and Development Board: 1 Alt Senior Advisory Board: 1 Reg and 2 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: ATTACHMENTS: Page 18 of 464 Type D Attachment REVIEWERS: Department City Clerk Description List of Board Vacancies Floyd Zonenstein Application Reviewer Action Prainito, Janet Approved Date 9/21/2015 - 12:02 PPA Page 19 of 464 Arts Commission I Merker Reg 3 yr term to 12/15 Applicants None Building Board of Adjustment & Appeals IV Casello Alt 1 yr term to 12/15 Tabled (3) Applicants None Education and Youth Advisory Board II McCray Stu 1 yr term to 12/15 Tabled (3) Applicants None Golf Course Advisory Committee III Fitzpatrick Alt 5 yr term to 6/16 Applicants None Planning and Development Board Mayor Taylor Alt 1 yr term to 12/15 Applicants Floyd Zonenstein S:1CC1WPIBOARDSIAPPMENTS1Board Year 20151APPOINTMENTS AND APPLICANTS FOR 10-06-15.doc Page 20 of 464 Recreation & Parks Board Merker Alt Applicants None Senior Advisory Board Mayor Taylor Alt I Merker Alt II McCray Reg Applicants None 1 yr term to 12/15 Tabled (2) 1 yr term to 12/15 Tabled (2) 1 yr term to 12/15 Tabled (2) 2 yr term to 12/15 S:\CC=P\BOARDS\APPMENTS\Board Year 2015\APPOINTMENTS AND APPLICANTS FOR 10-06-15.doc Page 21 of 464 Stanzione, Tammy From: fhz201 <noreply@123contactform.com> Sent: Thursday, June 11, 2015 2:29 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 06/11/2015 Name Floyd Zonenstein Gender Male Phone number 561-364-8069 Address 2620 NE 1 st CRT #201. Boynton Beach FL 33435 United States Email thz201 Abell south.net Current occupation or, if Retired Police Officer retired, prior occupation Education High School & Trade School for Air Conditioning & Refrigeration. Are you a registered voter? Yes. 5 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 yes board in the past? If "yes", which board(s) Senior Adversary Board & Community Relations Board. and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Planning & Development Board Do you wish to serve on yes more than one board? Second choice: Senior Advisory Board Would you like to add a third choice to your Advisory Board list? I Page 22 of 464 Personal Qualifications Had numerous businesses before retiring. Air Conditioning, Television repair, service station, worked building oil heaters, Running a grocery, luncheonette, worked in Phila. Police evidence room, Managed a trucking terminal & drove tractor trailers. vehicle inspector for state inspection at the trucking terminal. Past President of Village Royale on the Green for 5 years in BB. Past President of Vrg bldg. 9 for 10 yrs and presently Vice President. Air Force Veteran served during the Korean war. Thank you for your consideration. Floyd Zonenstein. Professional Memberships 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 76.108.49.227 (United States ) at 2015-06-1113:29:24 on Chrome 43.0.2357.124 Entry ID: 99 Referrer:www.boynton-beach.org/officials/planning and development board.php Page 23 of 464 5.B. ADMINISTRATIVE 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: Authorize City Commissioners to travel to Tallahassee, FL to attend Palm Beach County Days, January 12-13, 2016. EXPLANATION OF REQUEST: The annual Palm Beach County Days will be held in Tallahassee, FL, January 12-13, 2016. The City has received a notice from Palm Beach County reminding us of the dates, we are still waiting for registration and hotel information. Based on last years' expenses associated with the travel (registration, hotel, ai rfare) the cost per Commissioner would be approximately $1,250. The City has budgeted for two (2) commissioners to attend in the approved FY15/16 budget. As information is available as to the PBC Days staff will coordinated and secure travel arrangements for the Commissioners that are approved to attend. 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 Budgeted $2,500 in FY 15/16 approved budget underline item 001-1110-511- 40-12 for 2 commissioners. ALTERNATIVES: Do not authorize any Commissioners to travel to PBC Days. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 24 of 464 Grant Amount: ATTACHMENTS: Type D Attachment D Attachment D Attachment REVIEWERS: Department Finance Finance City Manager Description PBC Days Save the Date PBC Days Newsletter City Commission Travel Policy Reviewer Action Date Howard, Tim Approved 9/30/2015 - 10:27 AKA Howard, Tim Approved 9/30/2015 - 10:27 AKA LaVerriere, Lori Approved 9/30/2015 - 4:33 PPA Page 25 of 464 Address Service Requested Palm Beach County Shelley Vana, Mayor Mary Lou Berger, Vice Mayor Hal R. • •• Burdick Steven L. Abrams Melissa • Priscilla A. Taylor County Administrator Robert Weisman Public Affairs Lisa De La Rionda, Director Editors C--Ojg Gloria Taylor Iftt-It ULE 7�1 Page 26 of 464 January 12-13, 2016 September 2015 Volume 14, Issue 1 Published by Palm Beach County Board of County Commissioners Public Affairs Department "Palm Beach County Is Major League!" New beginnings and a fresh start Major league changes are coming to Palm Beach County. With construction beginning on the new spring training site, Palm Beach County is set to become the spring training home of Major League Baseball. Along with new beginnings in spring Rendering of the new spring training site in Palm Beach County training baseball, we are also creating some major league changes to Palm Beach County Day. Our yearly event is heading into the digital age as we make registration and room reservations easier to make and manage. Registration for Palm Beach County Day 2016 will take place online. Using Eventbrite, an event management software, you can register for Palm Beach County Day from your computer, tablet or smart phone. Just go to this link: www.pbcgov.com/pbcday, or scan the code on the registration form to register. Once we see that you have registered to attend PBC Day, the Public Affairs office will e-mail you a link and code to book your hotel room. Yes, you may book your own hotel room in the PBC Day block at either the Aloft or DoubleTree hotels in Tallahassee once you are successfully registered for the event. This year, we have an equal number of rooms at both hotels, offering you the choice to stay at whichever hotel you would prefer. For more information or for help registering, please call Public Affairs at (561) 355-2754. Page 27 of 464 Fun Foto Booth to be Featured at Tuesday Night Hospitality Suite From the days of Polaroid pictures, to today's digital photo booth, Fun Fotos have always been a light hearted part of Palm Beach County Day. This year, the Fun Foto Booth will be available during our Tuesday Night Hospitality Suite in the Aloft Hotel. Just follow the signs as you enter the Aloft's lobby. The Fun Foto Booth is a great way to remember to stay in touch with the individuals you've networked with in Tallahassee. 121 The Palm Beach County Team has a New Manager As of August 27th, 2015, Verdenia C. Baker assumed her new role as Palm Beach County's top Administrator. As County Administrator and a Certified Government Financial Manager, Verdenia is responsible for the management of activities necessary to insure the efficient and effective operation of county government with a budget of approximately $4 billion, 6,300+ employees and a population of over 1.3 million. In 1987, Verdenia began her career with Palm Beach County as a Budget Analyst, and in November 2000 to August 2015 she served as Deputy County Administrator and now serves as County Administrator overseeing the daily management of county departments and agencies funded by the Board of County Commissioners. January will mark Verdenia's first Palm Beach County Day in her new role. Tallahassee in January Now that the legislative session will begin in January on even numbered years, Palm Beach County Day attendees will all have the opportunity to experience Tallahassee weather in the middle of winter. Taking a look at the average temperatures during the month of January reveals that we might want to check our closet for some cold weather clothes. There is an 18 degree difference in the average low temperature between West Palm Beach and Tallahassee during January. In March of 2015, we had outstanding weather during PBC Day. With highs in the 80's, itwas more than comfortable. Don't expect anything close to the 80's in January. Here are the average temperatures according the The Weather Channel: Tallahassee West Palm 2015 PBC Day Jan. average high temp. 63 74 82 Jan. average low temp. 39 57 56 If you are a Floridian who enjoys an occasional cold spell, a quick trip to Tallahassee in January might be just what you've been waiting for. However, if you prefer the weather to be warm and toasty, Tallahassee nights might be a little cold, but the fun, networking and coffee are guaranteed to be warm. Page 28 of 464 Attendee Registration Form Palm Beach County Day 2016 January 12-13, 2016 NEW Register online here or at www.pbcgov.com/pbcday Please include the information required for your attendees staying in our block of rooms. Payment must be made before rooms can be booked in our block. Fax to: PBC Public Affairs, 561-355-3819 or e-mail to loco pbcgo or Business: Contact: Street Address: City: Phone: E -Mail Address: Registration Fee $150.00 per person: State: Fax: r" Registration fee must be paid by check or online before room reservation. Cancellations must be received before December 21, 2015 in order to receive a refund. Limited number of rooms, Reserve Early Public Affairs has secured a block of rooms at the Aloft and DoubleTree Hotels. Please return the attendee registration form, including the names of the attendees. There are a limited number of rooms in our group and this will be a first come first reserve basis. This year there will be a hotel code to reserve your room online with the hotel once your registration has been paid. No rooms can reserved without paid registration. The Aloft, our host hotel, is $199.00 per night, and requires a two -night stay. We also have a block of rooms at the DoubleTree, $204.00 per night, which also requires two -night stay. Attendee Attendee Attendee Attendee Which Hotel - Circle One Aloft Hotel Attendee email Attendee email Attendee email Attendee email DoubleTree Hotel Payment Information: Please make checks payable to PALM BEACH COUNTY DAY Scan here with your mobile device to register online! Send to: Palm Beach County Public Affairs 301 North Olive Avenue, Suite 1102 West Palm Beach, Florida 33401 MW For additional information, call Public Affairs at 355-2754 or visit our website at www.pbcgov.com/pbcday Page 29 of 464 Governor Rick Scott greets Vice Mayor Mary Lou Berger. Assistant County Administrator Shannon LaRocque and Sherry Howard, Deputy Director of the Department of Economic Sustainability, plan their strategy for meetings at the Capitol. Meeting with Senator Jeff Clemens. 141 County Administrator Verdenia Baker with Pahokee CommissionerAllie Biggs Senator Maria Sachs poses with PBC Day attendees. Commissioners and Firefighters begin their day in the Capitol. Page 30 of 464 Networking over lunch on the 22nd Floor. Vice Mayor Mary Lou Berger and Commissioner Steven Abrams at the Tuesday Hospitality Suite Meetings with legislators are a valuable part of PBC Day. County Attorney Denise Nieman, Assistant County Administrator Brad Merriman and Risk Management Director Nancy Bolton Theresa Klco, Former Commissioner Burt Aaronson and Public Affairs Director Lisa De La Rionda Vice Mayor Mary Lou Berger meets with Senator Joseph Abruzzo. Page 31 of 464 Exhibit the Best of Palm Beach County Solid Waste Authority putting the final touches on their PBC Day exhibit. For many years at Palm Beach County Day, organizations have had the opportunity to create an exhibit in the Capitol Rotunda that promotes their organization. This is a great opportunity to get your organization's message out to the many Palm Beach County Day participants who are visiting Tallahassee. Many of these attendees to the various PBC Day events are the "movers and shakers" of the county, and most likely, decision makers. This is an ideal audience for any organization hoping to make an impact on the county as well as the lawmakers in Tallahassee. One eight foot table and two chairs are provided by Palm Beach County Public Affairs to any attendee who would like to have an exhibit in the Rotunda. The space is reserved, but call now to make sure you have a spot. Please contact PBC Public Affairs at (561) 355-4125 ore mail<...........u..:a:....(�.a,...;m:m:...mt.......::. 161 Award Winning Palm Beach County Day The goal of Palm Beach County Day is to bring together our local community leaders, elected officials and business leaders to descend on Tallahassee at the beginning of the Legislative Session in order to present Palm Beach County's legislative priorities to the state's lawmakers. This is accomplished in many ways, not the least of which is a number of informal social events. Over the years, these events as well as the overall ts�°sdY10C efforts each year to bring home more state funds has received a number of awards from organizations across the state as well as on the national level. Organizations such as The City -County Communications and Marketing Association, The Public Relations Society of America and The Florida Festivals and Events Association have all recognized Palm Beach County Day on numerous occasions. When you attend Palm Beach County Day, you are not only promoting Palm Beach County's legislative agenda, but you are taking part in an award winning event recognized for accomplishing its goals strategically and with creativity and style. Page 32 of 464 2015 Legislative Summary In one of the most dramatic legislative sessions in Florida history, the House and Senate's battle over Medicaid expansion weighed heavily on the budget process. The Senate argued that expanding Medicaid was the best solution for providing coverage to Florida's uninsured population, as well as mitigating the state's loss of Low Income Pool (LIP) funding. The House and Governor Scott vigorously opposed expansion and demanded that the federal government continue providing the LIP funds. The federal government announced last year that the funding was going to expire in 2015. Those funds are provided to hospitals and clinics that care and treat uninsured and under insured patients to reimburse some of their expenses. In the coming year, that would have meant a loss to Florida hospitals of up to $1.3 billion. With the House and Senate's respective budgets $4 billion and one Medicaid plan apart, the impasse was too great to resolve before the regular session concluded. The House adjourned sine die without warning days before the end of the regular session, and the Senate, without the ability to conduct legislative business with the House, adjourned with an empty rotunda. Since the legislature is constitutionally mandated to produce a budget by July 1st, a special session was called for in June, during which a compromise needed to be reached. Ultimately, the three-week special session saw the legislature negotiate and pass a budget that did not expand Medicaid but did compromise on LIP funding. The legislature allocated $400 million in general funds to reimburse hospitals, which will draw down $600 million in federal matching funds. This compromise meant, however, that Governor Scott did not get the full tax cut package he sought. Next year, with the federal LIP funding dropping even further, the legislature will face yet another complication in constructing the budget. Representative Mark Pafford meets with PBC Day officials and attendees. Page 33 of 464 NCH c Palm Beach County °G2 Board of County Commissioners w Public Affairs Department • 301 N. Olive Avenue, Suite 1102 �LORI'D West Palm Beach, FL 33401 www.pbcgov.com Address Service Requested �LORI�4' Palm Beach County Board of County Commissioners Shelley Vona, Mayor Mary Lou Berger, Vice Mayor Hal R. Valeche Paulette Burdick Steven L. Abrams Melissa McKinlay Priscilla A. Taylor County Administrator Verdenia C. Baker Public Affairs Lisa De La Rionda, Director Editors Craig Stephens, John Jamason Gloria Taylor Printed by the Graphics Division PRSRT STD U.S. POSTAGE PAID WEST PALM BEACH, FL PERMIT #685 Page 34 of 464 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 35 of 464 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 36 of 464 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 37 of 464 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 38 of 464 CONSENT AGENDA 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-120 - Approve the expenditure of $7,825 for the Subscription Agreement with American Funding Innovators, Inc. and authorize the City Manager to execute the agreement. EXPLANATION OF REQUEST: The City of Boynton Beach Grants Team automated its grant research and grant management in 2002. Each year, the Grants Coordinator researches companies that provide grant research and management systems in an effort to obtain a product that would meet the city's needs. Staff recommends renewal of our subscription to American Funding Innovators' Grants Navigator, beginning November 1, 2015. The cost of the one year subscription is $7,825.00. This product includes customizable data fields which allow the City much more flexibility in capturing additional data that is not typically offered in grant management software. American Funding Innovators, Inc. provides access to a centralized federal, state, local and foundation grant database, grant management and reporting tools and organizational wide oversight at a substantially lower cost than other providers (see attached product comparison). Grants Team members have used this software over the past year and are confident it meets their department's needs to effectively research and manage grants. The Grants Coordinator has researched the company and checked several references. Each reference had nothing but positive things to say regarding the product and customer service. In addition, ITS staff has reviewed the security of the system and finds it ample to secure city grant documents. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Subscribing to Grants Navigator will enable the Grants Team members to continue efficiently seek grant opportunities and manage grant awards. Grants Navigator is a configurable, web -based software that centralizes information and project management and provides customizable data fields to better meet the individual grant management and reporting needs of the City. The system provides citywide use and oversight by the Grants Coordinator and the Finance Department. The Subscription Agreement includes access to a database of local, state and federal grant opportunities, and a project level document repository for our annual single audit. This allows the auditor on-line access to all grant related documents. This also enables the City to move towards a more paperless process. FISCAL IMPACT: The City of Boynton Beach will receive a discount as a member of the American Association of Grant Professionals (AAGP). The total cost for Grant Navigator for the one year subscription is $7,825. This expense is included in the adopted FY2015/2016 General Fund budget and will be taken from the Grants Team account #001-1210-512-34-34. ALTERNATIVES: 1. Not renew our Service Agreement with American Funding Innovators, Inc. and dramatically decrease our ability to efficiently and effectively seek and manage grants citywide at a reduced cost. Page 39 of 464 2. Not use any form of grant research or management tools and risk our ability to efficiently and effectively seek and manage grants citywide. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: Providing staff a tool that will enable them to use their time efficiently to seek additional funding for city projects and programs, increases performance and provides an effective means for grant management oversight by the Grants Coordinator and Finance Department. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: American Funding Innovators, Inc. START DATE: 11/1/2015 END DATE: 10/31/2016 CONTRACT VALUE: 7,825.00 MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Resolution D Agreement D Exhibit REVIEWERS: Department Reviewer Description Resolution approving Subscription Agreement with American Funding Innovators Subscription Agreement - Exhibit A Comparison Action Date Page 40 of 464 City Manager Howard, Tim Approved Finance Howard, Tim Approved Legal Swanson, Lynn Approved City Manager LaVerriere, Lori Approved 9/18/2015 - 3:56 PPA 9/18/2015 - 3:56 PPA 9/28/2015 - 1:59 PPA 9/30/2015 - 4:31 PPA Page 41 of 464 I 2 RESOLUTION NO. R15- 3 4 5 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, APPROVING A SOFTWARE SUBSCRIPTION 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND AMERICAN FUNDING INNOVATORS, INC., 9 FOR WEB -BASED GRANT RESEARCH AND 10 MANAGEMENT IN THE AMOUNT OF $7,825; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City of Boynton Beach Grants Team has been using the software of 15 American Funding Innovators, Inc., over the past year and are confident that it meets their 16 needs to effectively research and manage grants; and 17 WHEREAS, staff is recommending subscribing to American Funding Innovators' 18 Grants Navigator commencing November 1, 2015; and 19 WHEREAS, the City Commission of the City of Boynton Beach, upon 20 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 21 City of Boynton Beach to approve the Subscription Agreement between the City of Boynton 22 Beach and American Funding Innovators, Inc., and authorize the City Manager to sign the 23 Agreement. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. Each Whereas clause set forth above is true and correct and 27 incorporated herein by this reference. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby approve the Software Subscription Agreement between the City of Boynton Beach and C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\20C267BC-9251-4C70-A2E4-D40FA6E7064A\Boynton Beach. 2002.1. American Funding Innovators_Grant Management (2015)_-_Reso.Doc Page 42 of 464 3o American Funding Innovators, Inc. for the term November 1, 2015 through October 31, 2016 31 in the amount of $7,825, and authorize the City Manager to sign the Software Subscription 32 Agreement, a copy of the Agreement is attached hereto as Exhibit "A". 33 Section 3. That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this day of , 2015. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 56 Janet M. Prainito, MMC 57 City Clerk 58 59 60 61 (Corporate Seal) 62 CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\20C267BC-9251-4C70-A2E4-D40FA6E7064A\Boynton Beach. 2002.1. American Funding Innovators_Grant Management (2015)_-_Reso.Doc Page 43 of 464 Exhibit A 7,rohict, Service & Prici-fg Details A , 619 Amedcan Funding Mnovatom Organization: Name: City of Boynton Beach Street Address: 100 E. Boynton Beach Blvd. Street Address 2: City, State Zip: Boynton Beach, FL 33435 Point of Contact: Name: Debbie Majors Title: Grant Coordinator Service Period: Start Date: 11/1/15 End Date: 10/31/16 Email: majorsd@bbfl.us Phone: 561-742-6241 GrantNavigator 5/15 Includes 5 user licenses; 15 grants; I GB of dataI ............... I I . ..................... . AAGP Package Discount AAGP disount - GrantNavigator 5115 Package Product glass= Awarded Grants Managed Additional "'-,` Awarded Grants Managed '' , .............. 1 5 1 $300 ... .......................................................... .. ...... ........................................................................................................................................................................... 4- ...................... ............... User -Licenses .......... Additional User Licenses 1 5 $300 . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . ........ ......................................................................................................................................................................... .. ......... . .......... AAGP Unit Ra AAGP Discount per User License 545) ................................... t 'Discount ............................... .......... Public View - Open Public Access to Grant Activity Summary through Public Transparency Page 0 $750 .............. 11 .................. Intranet Access to Grant Activity Summary through Public Transparency Page 0 1 $350 Pq�! ' c " View ' ' -Intranet ' ' ' ' .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. GOs Integrated GOstream Grant Database - Federal, State, Foundation & Corporate Grants 11111111�� TIGI�........... ............................. ............ Add -On Subtotal On -Site Training jOn-Site Product Training (days) 1 0 1 $2,500 1 $0 ......................... ,g1-11,111,111,111,1111,'ll""I'll""I'llI Data Import- Grants Imported by AFI staff during Implementation Period 1 20 1 $50 1 $1,000 Implementation Service Implementation Service Discount Up to 20 Included under Subscription Plan 20 .......... 0) 1 q$1'000) Service Subtotal Total Due $7,825 "Grants Managed" is defined as maximum number ofopen grants in the post award state during the annual subscription period. Each party acknowledges that it has read and understands the Subscription Agreement, Exhibit(s), all Confidentiality provisions contained therein, and agree to be bound by its terms. American Funding Innovators, Inc. City of Boynton Beach By: By: Scott Frost Title: CEO Title: Date: Date: Lori LaVerriere City Manager Page 44 of 464 M CONSENT AGENDA 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-121 - Approve the City's State Housing Initiatives Partnership (SHIP) Program Special Annual Report and authorizing the Mayor or his designee to execute the Certification to accompany the report. EXPLANATION OF REQUEST: Per Florida Statute 420.9072 State Housing Initiatives Partnership (SHIP) Program funds, the City of Boynton Beach receives an allocation of funds "which were created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand the production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing, and to increase housing -related employment." The Statute requires that each county or eligible municipality submit to the Florida Housing Finance Corporation an annual report of its affordable housing programs and accomplishments utilizing SHIP funds through June 30, the close of the state fiscal year. The report shall be certified as accurate and complete by the local government's chief elected official or his designee. The Statute also requires that the report be made available for public inspection and comment prior to transmitting it to the corporation. For state fiscal year 2013/14, a special allocation as regulated by SB 1852 was allotted to counties & municipalities that were eligible to receive funding. The use of these funds included the following restrictions, all of which were met as required: • Administrative costs were limited to 3% versus the normal 10% of funding • Jurisdictions had only two (2) years in which to encumber and spend the funds; the normal time frame for expenditures is three (3) years • Twenty percent (20%) of the allocation must be used to serve persons with special needs, as defined in 420.0004(13) of the Florida Statues • Funds could not be used for new construction HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Failure to submit the report could affect the City's ability to receive SHIP funds. The report is to be submitted electronically, and must be accompanied by the executed Certification. FISCAL IMPACT: The ability to receive funds as they remain available. For fiscal year 2015/16, the City expects to receive $343,042 to assist with its housing programs. ALTERNATIVES: None at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 45 of 464 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Attachment D Attachment REVIEWERS: Department Reviewer Community Improvement Octavia, Sherrod Development Mack, Andrew Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving SHIP Special Annual Report SHIP Report FY 2013/14 SHIP Report Certification Action Date Approved 9/23/2015 - 1:04 FOIA Approved 9/24/2015 - 8:27 AM Approved 9/24/2015 - 2:21 FOIA Approved 9/28/2015 - 11:24 AKA Approved 10/1/2015 - 9:20 AM Page 46 of 464 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 R15 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE CITY'S STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) SPECIAL ANNUAL REPORT; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO SIGN THE CERTIFICATION TO ACCOMPANY THE REPORT; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Florida Statutes Chapter 420, dedicated revenues resulting from the William E. Sadowski Affordable Housing Act are distributed to various municipalities that are "entitled" communities to assist with affordable housing efforts; and WHEREAS, the City receives an allocation of funds which, pursuant to F.S. 420.9072 were created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand the production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing and to increase housing related employment; and WHEREAS, the Statute requires that each county or eligible municipality shall submit to the Florida Housing Finance Agency each year a report of its affordable housing programs and accomplishments through June 30th of each year; and WHEREAS, the report shall be certified as accurate and complete by the local government's chief elected official or his or her designee; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve the City's State Housing Initiatives Partnership (SHIP) Special Annual Report and authorize C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\E47A7810-5A44-4FF9-B017-5DC899A6989B\Boynton Beach. 1998.1.Reso_- _SHIP_Special_Annual Report (2015).doc Page 47 of 464 29 the Mayor to sign the Certifications to accompany the report. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 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 Section 1. The foregoing "Whereas" clauses are true and correct and are hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the City's State Housing Initiatives Partnership (SHIP) Special Annual Report and authorizes the Mayor or his designee to sign the Certification to accompany the report. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2015. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\E47A7810-5A44-4FF9-B017-5DC899A6989B\Boynton Beach. 1998.1.Reso_- _SHIP_Special_Annual Report (2015).doc Page 48 of 464 Form 1 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Title: SHIP Annual Report Report Status: Unsubmitted Boynton Beach FY 2013/2014 Page 1 Page 49 of 464 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 SHIP Distribution Summary Homeownership Expended Encumbered Unencumbered Code Strategy Amount Units Amount Units Amount Units 2 Purchase Asst. w/o Rehab $40,000.00 1 3 Rehab $96,024.00 2 Homeownership Totals: $136,024.00 3 Rentals Expended Encumbered Unencumbered Code Strategy Amount Units Amount Units Amount Units Rental Totals: Subtotals: $136,024.00 3 Additional Use of Funds Use Expended Encumbered Unencumbered Administrative $2,939.94 Homeownership Counseling Admin From Program Income $2,166.75 Admin From Disaster Funds Totals: $141,130.69 3 $.00 $-00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount State Annual Distribution $97,998.00 Program Income (Interest) $777.28 Program Income (Payments) $42,557.63 Recaptured Funds Disaster Funds Other Funds Carryover funds from previous year $8,180.60 Total: $149,513.511 Carry Forward to Next Year: $8,382.82 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Page 2 Page 50 of 464 Form 2 Form 2 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. 1 -- Rental Unit Information V No rental strategies are in use Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds Produced through June 30th for Units Amount of Funds Expended to Date % of Total Value SHIP Funds Expended $136,024.00 53.96% Public Moneys Expended $21,511.00 8.53% Private Funds Expended $90,000.00 35.70% Owner Contribution $4,550.00 1.80% Total Value of All Units $252,085.00 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab I Homeownership 1 $95,058.061 $97,998.001 97.00%1 65% 1 lConstruction / Rehabilitation 1 $95,058.061 $97,998.001 97.00%1 75% Program Compliance - Income Set -Asides Extremely Low Very Low $136,024.00 Low Moderate I Totals: $136,024.00 Project Funding for Expended Funds Only $.00 .00% $136,024.00 90.98% $.00 .00% $.001 .00% $.00 $.00 $136,024.00 90.98% Extremely Low $.00 01 Very Low $136,024.00 3 $136,024.00 3 Low $.00 0 Moderate $.00 0 Totals: $136,024.00 3 $.00 0 $136,024.00 3 Form 3 1 1 Page 3 Page 51 of 464 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Number of Households/Units Produced Totals: 3 3 Characteristics/Age (Head of Household) List Unincorporated Devel. and Each and Each 2-4 5+ Farm Description Municipality Strategy Municipality ELI VLI Low Mod Total Rehab Boynton Beach 2 2 1 1 2 Purchase Asst. w/o Boynton Beach ,Rehab 1 1 1 ,Rehab Purchase Asst. w/o Boynton Beach 1 Totals: 3 3 Characteristics/Age (Head of Household) Totals: 2 1 3 Family Size List Unincorporated Devel. and Each and Each 2-4 5+ Farm Description Municipality Description Municipality 0-25 26-40 41-61 62+ Total Rehab Boynton Beach 2 Purchase Asst. w/o 1 1 2 Purchase Asst. w/o Boynton Beach ,Rehab I 1 1 Rehab Purchase Asst. w/o Boynton Beach 1 Totals: 2 1 3 Family Size Totals: 1 2 3 Race (Head of Household) List Unincorporated Devel. and Each 1 2-4 5+ Farm Description Municipality Person People People Total Rehab Boynton Beach 1 1 anic 2 Purchase Asst. w/o Boynton Beach Total 1 Boynton Beach 1 ,Rehab I 1 - 2 Totals: 1 2 3 Race (Head of Household) Totals: 3 Special Needs (Any Member of Household) List Unincorporated Devel. and Each Farm Dis- Hisp- Amer - Special Description Municipality White Black anic Asian Indian Other Total Rehab Boynton Beach 2 1 2 Purchase Asst. w/o Boynton Beach 1 1 ,Rehab I I I I I I I I I Totals: 3 Special Needs (Any Member of Household) Totals: 1 1 2 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Page 4 Page 52 of 464 List Unincorporated Devel. and Each Farm Dis- Home- Special Special Description Municipality Worker abled less Elderly Needs Needs Total Rehab Boynton Beach 1 1 2 Purchase Asst. w/o Boynton Beach I 0 Rehab Totals: 1 1 2 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Page 4 Page 52 of 464 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Form 4 Status of Incentive Strategies Incentive Strategy: The City of Boynton Beach Affordable Housing Incentive Plan Adopting Ordinance or Resolution Number or identify local policy: City of Boynton Beach Resolution R98-068 Implementation Schedule (Date): April 15, 1998 Has the plan or strategy been implemented? If no, describe the steps that will be taken to implement the plan: All strategies were implemented upon adoption of the Plan Status of Strategy - (is the strategy functioning as intended, i.e. are the time frames being met, etc.): The strategies are functioning as well as can be expected Support Services Public schools within the City of Boynton Beach municipal city limits include four (4) elementary, one (1) middle and one (1) high school. Two of the elementary schools are magnets, with emphasis on math, science and technology.The City is home to a main depot for the Tri -Rail train system, that connects Palm Beach County to both Broward & Dade Counties to the south. Riders may access the local county bus system at no charge.The City's Recreation & Parks Department operates 8 recreation centers, 29 parks, a swimming pool, municipal beach, and hundreds of youth, teen, adult and senior programs. A jewel in the park system is the 13.5 acre Barrier Free park & playground, designed to accommodate people of all ages and abilities on an equal Ievel.The City continues to fund social service organizations through its Community Development Block Grant (CDBG) Program. Aid to Victims of Domestic Abuse (AVDA) provides local students with guidance through school mentoring programs that deal with bullying, peer pressure, and familial distractions. The Boynton Beach Faith - Based Community Development Corporation (CDC) assists the City with its First Time Homebuyer Program, from pre-screening applicants to holding classes for future homeowners. The Community Caring Center provides low income residents with mortgage & rent assistance; monetary help with utilities and prescriptions, access to clothing and their local food bank, help with on-line voucher & food stamp applications, and classes in nutrition, healthy eating & cooking, and senior care giving. CDBG dollars funds the City's Recreation & Parks Department annually to provide summer camp scholarships for children of low income residents. A partnership between the City, the Faith -Based CDC, the Boynton Beach Community Redevelopment Agency (CRA)and Habitat for Humanity of South PBC has resulted in the completion of Ocean Breeze West, a housing community of 21 single family homes built in the Heart of Boynton, the City's redevelopment target area. Residents vary from very low to moderate income households. In the spirit of this partnership, the City has finally broken ground on its Heart of Boynton Model Block Project. No less than twelve homes will be constructed for first time homebuyers of various income levels. Local, state, & federal funding has been used for land acquisition, demolition of blighted houses, and infrastructure improvements. The first four (4) homes are tentatively scheduled for closing by the end of this calendar year.The City continues its single family housing rehab program, assisting up to 10 homeowners annually with much needed repairs, utilizing both SHIP and CDBG funding. Other Accomplishments n/a Availability for Public Inspection and Comments This Annual Report was advertised in the local Boynton Forum & posted on the City's website. Page 5 Page 53 of 464 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Page 6 Page 54 of 464 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Homeownership Default & Foreclosure Mortgage Foreclosures A. Very low income households in foreclosure: 0 B. Low income households in foreclosure: 1 C. Moderate households in foreclosure: 0 Foreclosed Loans Life -to -date: 6 SHIP Program Foreclosure Percentage Rate Life to Date: 2.51 Mortgage Defaults A. Very low income households in default: 0 B. Low income households in default: 0 C. Moderate households in default: 0 Defaulted Loans Life -to -date: 9 SHIP Program Default Percentage Rate Life to Date: 3.78 Welfare to Work Programs N/A Strategies and Production Costs Strategy Average Cost Rehab $48,000.00 Purchase Asst. w/o Rehab $40,000.00 Expended Funds Total Unit Count: 3 Total Expended Amount: $136,024.00 Strategy Full Mame Address City; Zip Expended Unit Code Funds Counted Rehab Sherleen Riley 1390 NW 1st Court Boynton Beach 33435 $50,000.00 Rehab Franckel Louis 320 NE 16th Avenue Boynton Beach 33435 $46,024.00 Purchase Asst. w/o Rehab Jacqueline Loney 132 Ocean Breeze Circle Boynton Beach 33435 $40,000.00 Administrative Expenditures n/a Sub Recipients and Consultants Program Income Program Income Funds Loan Repayment: Page 7 Page 55 of 464 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Page 8 Page 56 of 464 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Refinance: Foreclosure: Strategies Sale of Property: $42,557.63 Interest Earned: $777.28 Other (): Total: $43,334.91 Explanation of Recaptured funds Rental Developments Total: $.00 Boynton Beach 2013 Closeout Single Family Area Purchase Price The average area purchase price of single family units: 130,000.0 Or Not Applicable Form 5 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Code(s) Strategies Exp nded Amount Units Encumbered Amount Units 3 Rehab $50,000.00 1 Special Needs Category Breakdown by Strategy Strategies Special Needs Category Expended- Amount Units Encumbered Amount Units (3) Rehab Developmental Disabilities $50,000.00 1 Page 9 Page 57 of 464 Page 10 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Page 58 of 464 LG Submitted Comments: Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Page 11 Page 59 of 464 State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentives Certification On Behalf of the City Of Boynton Beach, I hereby certify that: 1. The Annual Report information submitted electronically to Florida Housing Finance Corporation is true and accurate for the closeout year 2013/2014. 2. The local housing incentives or local housing incentive plan have been implemented or are in the process of being implemented, including, at a minimum: a. Permits as defined in s.163.3164 (15) and (16) for affordable housing projects are expedited to a greater degree than other projects; and b. There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. 3. The cumulative cost per newly constructed housing per housing unit, from these actions is estimated to be $0.00. 4. The cumulative cost per rehabilitated housing per housing unit, from these actions is estimated to be $0.00. Staff member responsible for submitting report to FHFC: Octavia Sherrod, Community Improvement Manager Page 60 of 464 r ,. ,_ : C_ f 1' C� : -_. 1(= �. �. h'y f 1 "h f� r t f ,7( (1( `: hi : ��. ,': } �kI I4I f't ,,.I II's'I I.e I G'"t l,.i I 'I Page 60 of 464 6.C. CONSENT AGENDA 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-122 -Allow for a Waiver of Right of First Refusal for PNC Bank, National Association, owner of 293 Meadows Drive, Boynton Beach, Florida, 33426, and authorizing the Mayor or his designee to sign this document. EXPLANATION OF REQUEST: This property was formerly owned by Shannon Skiba, who had received assistance from the City's First Time Homebuyer Program in order to purchase the home. Although Commission approved a short sale for this distressed property, the house did not sell and was lost in foreclosure. Now bank owned, PNC has contracted to sell the property, and is in need of the City to release its Right of First Refusal so that they may proceed with the sale. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is no effect to City programs or services. FISCAL IMPACT: Non -budgeted The City lost its financial interest in this property when the house was foreclosed upon and became the property of PNC Bank. At present, the City does not have funds available to purchase this house for resale through its First Time Homebuyer program. ALTERNATIVES: None at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 61 of 464 D Resolution D Agreement REVIEWERS: Department Reviewer Community Improvement Octavia, Sherrod Development Mack, Andrew Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Resolution Waiver of First Right of Refusal Action Date Approved 9/23/2015 - 1:13 IIIA Approved 9/24/2015 - 8:25 AM Approved 9/24/2015 - 2:22 IIIA Approved 9/28/2015 - 11:40 AM Approved 10/1/2015 - 9:22 AM Page 62 of 464 I RESOLUTION NO. R15- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE WAIVER OF THE 5 CITY'S RIGHT OF FIRST REFUSAL FOR THE 6 PROPERTY LOCATED AT 293 MEADOWS DRIVE, 7 BOYNTON BEACH, FLORIDA 33426; AND 8 PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the property was previously owned by Shannon Skiba who had received 11 assistance from the City's First Time Homebuyer Program in order to purchase the home; and 12 WHEREAS, although the City Commission approved a short sale for this distressed 13 property, the house did not sell and was lost in foreclosure; and 14 WHEREAS, PNC Bank is now the owner of the property, has contracted to sell the 15 property and needs the City to release its Right of First Refusal so that the sale may proceed; 16 and 17 WHEREAS, the City lost its financial interest in this property when the house was 18 foreclosed upon and became the property of PNC Bank; and 19 WHEREAS, the City Commission deems it appropriate to authorize and approve a 20 Waiver of the City's Right of First Refusal for the Mortgaged Property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "WHEREAS" clauses are true and correct and 24 hereby ratified and confirmed by the City Commission 25 Section 2. That the City Commission of the City of Boynton Beach hereby 26 approves the waiver of the City's Right of First Refusal for the property located at 293 27 Meadows Drive, Boynton Beach, Florida 33426. 28 Section 3. That this Resolution will become effective immediately upon passage. 29 C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\7E09B1BA-8E48-4791-ACAO-A9DD7255EAB1\Boynton Beach. 2008.1.RES0_- Waiver Of Right Of First Refusal -_PNC Bank.Doc Page 63 of 464 30 PASSED AND ADOPTED this day of , 2015. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\7EO9B1BA-8E48-4791-ACAO-A9DD7255EAB1\Boynton Beach. 2008.1.RES0_- Waiver Of Right Of First Refusal -_PNC Bank.Doc Page 64 of 464 Prepared by and return to: City of Boynton Beach Community Improvement Division Post Office Box 310 Boynton Beach, Florida 33425-0310 WAIVER OF RIGHT OF FIRST REFUSAL The CITY OF BOYNTON BEACH, FLORIDA (the "CITY"), a Florida municipal corporation, being the owner, holder and beneficiary of a right of first refusal on any sale or resale or transfer of the real property located at 293 Meadows Drive, #29C, Boynton Beach, FL 33426, hereby acknowledges that it has been offered the following described land pursuant to its right of first refusal, on the following basic terms, and the CITY hereby waives its right to exercise such right of first refusal on the following described transaction. SELLER: PNC Bank, National Association OFFEROR/BUYER: Ryan K. Heelan DATE OF CONTRACT: October 3, 2015 PROPERTY DESCRIPTION: Lot 29C, Block A, The Meadows 300, Plat No. 1. PUD, according to the recorded Plat thereof, as recorded in Plat Book 43 Page 58, of the Public Records of Palm Beach County, Florida. PURCHASE PRICE: $120,000.00 WITNESS my hand and seal this day of 2015. Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH BY: Printed Name Printed Name STATE OF FLORIDA COUNTY OF PALM BEACH JERRY TAYLOR MAYOR The foregoing instrument was acknowledged before me this day of 2015, by JERRY TAYLOR as Mayor of the City of Boynton Beach a Florida municipal corporation, who is personally known to me or has produced as identification and who did (did not) take an oath. NOTARY PUBLIC My Commission Expires: Page 65 of 464 I CONSENT AGENDA 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-123 - Authorize the City Manager to sign a three (3) year equipment/software maintenance agreement with Physio Control for Lucas CPR devices for an annual cost of $6,330. EXPLANATION OF REQUEST: TERM OF AGREEMENT: 10/1/2015 - 9/30/2018 ANNUAL COST - $6,330, TOTAL THREE (3) YEAR COST - $18,990 The approval of this request would allow the department to enter into a sole source Technical Service Support Agreement with Physio -Control, Inc. for our six (6) automated chest compression devices known as LUCAS 2 Chest Compression Systems. The BBFRD originally purchased these devices via a State of Florida EMS Grant and placed them into service in 2011. With proper maintenance we can expect to maximize our original investment for many years to come. A LUCAS 2 system is an automated cardiac compression device that allows the effective delivery of cardio pulmonary resuscitation (CPR) to victims of sudden cardiac arrest. The LUCAS 2 Chest Compression System is designed to deliver uninterrupted compressions at a consistent rate and depth to facilitate ROSC (return of spontaneous circulation). It delivers automated compressions from first response in the field to ambulance transport and throughout the hospital. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will allow citizens of Boynton Beach to continually access to state of the art emergency medical equipment and emergent care; reducing the risk of device failure, morbidity and mortality resulting from sudden cardiac arrest. Boynton Beach Fire Rescue is committed to providing the highest level of emergency response and community service. FISCAL IMPACT: Budgeted The fiscal impact is $6,330, paid in annual installments for a three (3) year period for a total contract of $18,990. Note: this item was approved in FY 2015-2016 under fire department contractual services 001-2210-522-49-17. ALTERNATIVES: Not authorize the technical service agreement which may result in catastrophic failure and costly replacements of the devices. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 66 of 464 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: PHYSIO CONTROL START DATE: 10/1/2015 END DATE: 9/30/2018 CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Agreement D Sole Source Letter REVIEWERS: Department Fire Finance Legal City Manager Description Resolution approving three year maintenance agreement for LUCAS CPR Devices, AGREEMENT SOLE SOURCE LETTER Reviewer Action Date Carter, Ray Approved 9/24/2015 - 9:46 AM Howard, Tim Approved 9/28/2015 - 9:36 AM Swanson, Lynn Approved 9/28/2015 - 3:12 PIVD LaVerriere, Lori Approved 10/1/2015 - 9:17 AM Page 67 of 464 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 RESOLUTION NO. R15 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A THREE YEAR EQUIPMENT/SOFTWARE MAINTENANCE AGREEMENT WITH PHYSIO CONTROL, INC., FOR SIX (6) LUCAS 2 CHEST COMPRESSION SYSTEMS FOR AN ANNUAL COST OF $6,330.00; AUTHORIZING THE CITY MANAGER TO SIGN THE THREE YEAR TECHNICAL SERVICE SUPPORT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a LUCAS 2 system is an automated cardiac compression device that allows the effective delivery of cardio pulmonary resuscitation (CPR) to victims of sudden cardiac arrest; and WHEREAS, Boynton Beach Fire Rescue purchased six (6) units in 2011 via State of Florida EMS Grant; and WHEREAS, with proper maintenance the City can expect to maximize the original investment for many years to come; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to approve the three (3) year Technical Service Support Agreement with Physio Control, Inc., in the annual amount of $6,330.00 and to authorize the City Manager to sign the three (3) year Technical Service Support Agreement with Physio Control, Inc. 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. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\44F92E28-DE45-4EOD-96DA-FF158A991D82\Boynton Beach. 2007. 1. LUCAS_ CPR_ Maintenance_Agmt_-_Reso. doc Page 68 of 464 31 Section 2. The City Commission of the City of Boynton Beach, Florida does 32 hereby approve the three year Technical Service Support Agreement with Physio Control, 33 Inc., for six (6) LUCAS 2 Chest Compression Systems for an annual expenditure of 34 $6,330.00. 35 Section 3. The City Manager is authorized to sign the three (3) year Technical 36 Service Support Agreement with Physio Control, Inc. 37 Section 4. This Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this day of , 2015. 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 ATTEST: 57 58 59 60 Janet M. Prainito, MMC 61 City Clerk 62 63 64 65 (Corporate Seal) Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\44F92E28-DE45-4EOD-96DA-FF158A991D82\Boynton Beach. 2007. 1. LUCAS_CPR_Maintenance_Agmt_-_Reso. doc Page 69 of 464 TECHNICAL SERVICE SUPPORT AGREEMENT Contract Number: End User 4 03593604 CITY OF BOYNTON BEACH FIRE STATION NO 5 2080 HIGH RIDGE RD BOYNTON BEACH, FL 33426 Bill To 4 03593604 CITY OF BOYNTON BEACH FIRE STATION NO 5 2080 HIGH RIDGE RD BOYNTON BEACH, FL 33426 This Technical Service Support Agreement begins on 10/1/2015 and expires on 9/30/2018. The designated Covered Equipment and/or Software is listed on Schedule A. This Technical Service Agreement is subject to the Terms and Conditions on the reverse side of this document and any Schedule B, if attached. If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service Support Agreement is also subject to Physio -Control's Data Management Support and Upgrade Service Terms and Conditions, rev 7/99-1. Price of coverage specified on Schedule A is $18,990.00 per term, payable in Annual installments. Special Terims 15% DISCOUNT ON ACCESSORIES 15% DISCOUNT ON ALL ELECTRODES ** Annual payments of $ 6330.00 for 3 years Accepted: Physio -Control, Inc. Customer: By: By: Title: Print: Date: Title: Date: Purchase Order Number: Territory Rep: EAVV63 Customer Contact: Darren Logozzo MIKE LANDRESS, EMS Coordinator Phone: Phone: 561-742-6337 (6335) FAX: 800-772-3340 FAX: Reference Number: AC -0030 New Printed: 9/23/2015 Page 1 of 5 Page 70 of 464 PHYSIO -CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS Customer's signature on this Agreement or a valid purchase order referencing this Technical Service Support Agreement is required prior to Physio -Control's acceptance and performance of this Agreement. This Agreement covers only the equipment listed on Schedule A ("Covered Equipment"). These terms constitute the complete agreement between the parties and they shall govern over any other documents, including Customer's purchase order. These terms may not be revised in any manner without the prior written consent of Physio -Control. SERVICES. The Services provided under this Agreement are set forth on Schedule A. Physio -Control strives, but does not guarantee, to return service calls within two (2) hours and to resolve service issues within twenty-four (24) hours. Following Services, Physio -Control will provide Customer with a written report of actions taken or recommended and identification of any materials replaced or recommended for replacement. The following Services are available and further described as they relate to each specific Physio -Control device on Schedule B: "Repair Plus Service" or "Repair Only Service" means repairs, Battery Replacement Service, parts and labor necessary to restore Covered Equipment to original specifications, subject to Exclusions (as set forth below). "Preventative Maintenance" or "Inspection Only Service" means inspection and adjustment to maintain Covered Equipment in satisfactory operating condition. Inspections include tests, measurements, and a thirty -point evaluation of Covered Equipment. Covered Equipment is properly calibrated, mechanical operations are checked and adjusted, if necessary, and output measurements are verified to function properly. Electrical safety checks are also performed in accordance with National Fire Protection Association (NFPA) guidelines. Preventative Maintenance and Inspection Only Service are subject to Exclusions. "Comprehensive Service" or "Repair & Inspect Service" means repairs, Battery Replacement Service, parts and labor necessary to restore Covered Equipment to original specifications, and inspections to verify proper device calibration, mechanical operations and output measurements, electrical safety check in accordance with NFPA guidelines, and Updates (as set forth below), subject to Exclusions. "Battery Replacement Service" means replacement of batteries on a one-for-one, like -for -like basis, up to the number of batteries and/or devices listed in Schedule A. Only batteries manufactured or distributed by Physio -Control are eligible for replacement. Battery replacement is available upon Customer notification to Physio -Control of the occurrence of: (i) battery failure as determined by Customer's performance testing and evaluation in accordance with the applicable Operating Instructions; or (ii) as recommended in the applicable device's Operating Instructions. At the discretion of Physio -Control, battery replacement shall be effected by shipment to Customer and replacement by Customer, or by on-site delivery and replacement by a Physio -Control Service Technician. Upon Customer's receipt of a replacement battery, the battery being replaced shall become the property of Physio -Control, and Customer must return the battery being replaced to Physio -Control for proper disposal. In the event that Physio -Control does not receive the battery being replaced, Physio -Control will invoice Customer the then -current rate for the replacement battery. "On -Site Service" means that a Physio -Control factory -trained technician will provide Services at Customer's location. Services will be performed between 8:OOam and 5:OOpm local time, Monday through Friday, excluding holidays. Customer is to ensure Covered Equipment is available for Services at scheduled times. Some Services may not be completed On -Site. Physio -Control will cover travel and/or round-trip freight for Covered Equipment that must be sent to our designated facility for repair. "Ship -In Service" means that Services will be performed at Physio -Control's designated facility. Physio -Control will cover round-trip freight for Covered Equipment that is sent to our designated facility for Services. If Covered Equipment is not available when Services are scheduled or Customer requests services or goods not covered by this Agreement or outside of designated Services frequency or hours, Physio -Control will charge Customer for such services at 10% off Physio -Control's standard rates (including overtime, if appropriate) and applicable travel costs in addition to the contract price. Repair parts required for such repairs will be made available at 15% off the then -current list price. EXCLUSIONS. Unless otherwise specified, Services do not include the following Exclusions: supply or repair of accessories or disposables repair of damage caused by misuse, abuse, abnormal operating conditions, operator errors, acts of God, and use of batteries, electrodes, or other products not distributed by Physio -Control case changes repair or replacement of items not originally distributed or installed by Physio -Control Upgrades, and installation of Upgrades battery maintenance, performance testing, evaluation, removal, and recycling LOANERS. If Covered Equipment must be removed from use to complete Services, Physio -Control will strive to provide Customer with a similar loaner device until the Covered Equipment is returned. Customer assumes complete responsibility for the loaner and shall return the loaner at Customer's expense to Physio -Control in the same condition as received, upon the earlier of the return of the Reference Number: AC -0030 New Printed: 9/23/2015 Page 2 of 5 Page 71 of 464 removed Covered Equipment or Physio -Control's request UPDATES. "Update" means a change to a device to enhance its current features, stability, or software. If Comprehensive Service or Repair & Inspect Service is designated for Covered Equipment on Schedule A, Physio -Control will install Updates at no additional cost, provided such Updates are installed at the time of regularly scheduled Services. Updates installed on Covered Equipment designated on Schedule A as Repair Plus Service, Repair Only Service, Preventative Maintenance Service, Inspection Only Service, or at a time other than regularly scheduled Comprehensive Service or Repair & Inspect Service, will be billed on a separate invoice at 20% off the then -current list price of the Update. For all Service plans, if parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then -current list price. UPGRADES. "Upgrade" means a major, standalone version of software or the addition of features or capabilities to a device. For all Service plans, Upgrades must be purchased separately and are not provided under this Agreement. Upgrades are available at a rate of 17% off the then -current list price. PRICING. Pricing is set forth on the first page of this Agreement, on the Quote for Services, and/or on the Invoice for the Services purchased. Prices do not include taxes. Sales, service or use taxes will be invoiced in addition to the price of the goods and Services covered by this Agreement unless Physio -Control receives a copy of a valid exemption certificate. If the number or configuration of Covered Equipment changes during the Term, pricing shall be pro -rated accordingly. For Preventative Maintenance Service, Inspection Only Service, Comprehensive Service, and Repair & Inspect Service, no pricing deduction will be made for removal of Covered Equipment if preventative maintenance and inspection have already been performed during the Term and no further preventative maintenance and inspection are scheduled to occur. Discounts may not be combined with other special terms, discounts, and/or promotions. PAYMENT. Payment is due within thirty (30) days of invoice date. WARRANTY. Physio -Control warrants Services performed under this Agreement and repair/replacement parts provided in performing such Services against defects in material and workmanship for ninety (90) days from the date Services were performed or a repair/replacement part was provided. Customer's sole remedy shall be reservicing the affected Covered Equipment and/or replacement of any part determined to be defective, without additional charge, provided Customer notifies Physio -Control of any allegedly defective condition within ten (10) calendar days of its discovery by Customer. Physio -Control makes no other warranties, express or implied, including, without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIO -CONTROL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. TERM. The Term of this Agreement is set forth on the first page of this document, or in the Quote and/or Invoice for the Services purchased. This Agreement shall automatically renew unless terminated by either party with written notice thirty (30) days prior to the expiration of the then -current Term. Prices are subject to change upon renewal. TERMINATION. Either party may terminate this Agreement for material breach by the other party by providing thirty (30) days' written notice to the other party, and provided such breach is not cured within the notice period. In addition, either party may terminate this Agreement at any time upon sixty (60) days' prior written notice to the other party. In the event of such early termination by Customer, Customer shall be responsible for the portion of the designated price which corresponds to the portion of the Term prior to the effective date of termination and the list -price cost of any preventative maintenance, inspections, or repairs rendered during the Term. DELAYS. Physio -Control will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance resulting from any cause beyond its reasonable control, including, but not limited to, acts of God, labor disputes, labor shortages, the requirements of any governmental authority, war, civil unrest, delays in manufacture, obtaining any required license or permit, and Physio -Control's inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physio -Control's obligations and the performance dates shall be extended for the length of such delay. DEVICE INSPECTION BEFORE ACCEPTANCE. Any device that is not covered by either a Physio -Control Limited Warranty or a current Physio -Control Technical Service Support Agreement must be inspected and repaired (if necessary) to meet original specifications at customer's cost at the then -current list prices prior to being covered under a Technical Service Support Agreement. Physio -Control reserves the right to refuse to support any device that has been remanufactured by a company other than Physio -Control. MISCELLANEOUS. (a) During the Term of this Agreement and for one (1) year following its expiration, without Physio -Control's prior written consent, Customer agrees to not to solicit or offer employment to anyone who is employed by Physio -Control to provide Services such as those described in this Agreement; (b) this Agreement, and any related obligation of other party, may not be assigned in whole or in part without the prior written consent of the other party; © this Agreement shall be governed by the laws of the State in which the Services are provided; (d) all costs and expenses incurred by the prevailing party related to the enforcement of its rights under this Agreement, including reasonable attorney's fees, shall be reimbursed by the other party. Reference Number: AC -0030 New Printed: 9/23/2015 Page 3 of 5 Page 72 of 464 PHYSIO -CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: Servicing Rep: Darren Logozzo, EAVV63 District: SOUTHEAST Phone: FAX: 800-772-3340 Equipment Location: CITY OF BOYNTON BEACH, 03593604 FIRE STATION NO 5 2080 HIGH RIDGE RD BOYNTON BEACH, FL 33426 Scope Of Service Ship In Repair Plus * * Denotes an inventory line that has changed since the last contract revision or addendum. Reference Number: AC -0030 New Printed: 9/23/2015 Page 4 of 5 Page 73 of 464 Ref. Effective Expiration Total Model Part Number Serial Number Line Date Date Inspections LUCAS US 3302430-000 30101948 1 10/1/2015 9/30/2018 0 LUCAS US 3302430-000 30101949 2 10/1/2015 9/30/2018 0 LUCAS US 3302430-000 30101950 3 10/1/2015 9/30/2018 0 LUCAS US 3302430-000 30101951 4 10/1/2015 9/30/2018 0 LUCAS US 3302430-000 30101953 5 10/1/2015 9/30/2018 0 LUCAS US 3302430-000 30101955 6 10/1/2015 9/30/2018 0 * * Denotes an inventory line that has changed since the last contract revision or addendum. Reference Number: AC -0030 New Printed: 9/23/2015 Page 4 of 5 Page 73 of 464 PHYSIO -CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LUCAS® 1 Chest Compression System Services (LUCAS 1 Service is Ship -in Service only) LUCAS® 1 Chest Compression System Comprehensive Service (Ship -In Service Only) • Inspections at intervals set forth on Schedule A • Parts and labor necessary to restore Covered Equipment to original specifications, subject to Exclusions • Cleaning of the hood and bellows exterior • Replacement of suction cup and patient straps, if necessary • Updates installed at no additional cost, provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then -current list price LUCAS® 1 Chest Compression System Repair Plus Service (Ship -in Service Only) • Parts and labor necessary to restore Covered Equipment to original specifications, subject to Exclusions • Updates installed at 20% off the then -current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then -current list price LUCAS® 1 Chest Compression System Preventative Maintenance Service (Ship -in Service Only) • Inspections at intervals set forth on Schedule A • Cleaning of the hood and bellows exterior • Replacement of suction cup and patient straps, if necessary • Updates installed at 20% off the then -current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then -current list price LUCAS® 2 Chest Compression System Services LUCAS® 2 Chest Compression System Comprehensive Service • Inspections at intervals set forth on Schedule A • Parts and labor necessary to restore Covered Equipment to original specifications, subject to Exclusions • Battery Replacement Service o For each LUCAS 2 listed on Schedule A, replacement of one (1) LUCAS 2 battery in accordance with the device Operating Instructions, or upon battery failure • Cleaning of the hood and bellows exterior • Replacement of suction cup and patient straps, if necessary • Updates installed at no additional cost, provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then -current list price LUCAS® 2 Chest Compression System Repair Plus Service • Parts and labor necessary to restore device to original specifications, subject to Exclusions • Battery Replacement Service o For each LUCAS 2 listed on Schedule A, replacement of one (1) LUCAS 2 battery in accordance with the device Operating Instructions, or upon battery failure • Updates installed at 20% off the then -current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then -current list price LUCAS® 2 Chest Compression System Preventative Maintenance Service • Inspections at intervals set forth on Schedule A • Cleaning of the hood and bellows exterior • Replacement of suction cup and patient straps, if necessary • Updates installed at 20% off the then -current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then -current list price Reference Number: AC -0030 New Printed: 9/23/2015 Page 5 of 5 Page 74 of 464 AOOPEOO September 2015 11811 Willows Road NE Redmond, WR 98052 PHONE ENERRL 4258674000 Physio -Control, Inc. is the sole -source provider in the Hospital (hospitals and TOLL-FR E= hospital -owned facilities), Emergency Response Services and Emergency 8004421142 Response Training markets for the following products: • New LIFEPAK° 15 monitor/defibrillators • New LIFEPAK 20e defibrillator/monitors • New LIFEPAK 1000 automated external defibrillators • New LUCAS° 2 Chest Compression System Physio -Control, Inc. is the sole -source provider in all markets for the following products & services: • RELIS" (Refurbished Equipment from the Lifesaving Innovators) devices • LIFENET° System and related software • Factory -authorized inspection and repair services which include repair parts, upgrades, inspections and repairs • PulsePoint Agency Services • HealthEMS° Software • HomeSolutions.NET° Software Physio -Control does not authorize any resellers to sell these products or services in the markets listed above. We will not fulfill orders placed by non -authorized businesses seeking to resell our products. If you have questions, please feel free to contact your local Physio -Control sales representative at 800.442.1142. Sincerely, PHYSIO -CONTROL, INC. / L 4 /., "* Allan Criss Vice -President, Americas Sales GDR 3321967_6 Page 75 of 464 6.E. CONSENT AGENDA 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-124 - Authorize the City Manager to have signature powers on behalf of the City of Boynton Beach for the establishment of quiet zones along both the CSX and FEC Rail corridors. EXPLANATION OF REQUEST: As All Aboard Florida moves forward with crossing upgrades necessary to support passenger traffic on the FEC rail corridor, they will also be installing improvements necessary to garner a quiet zone through the City of Boynton Beach. The cost of crossing upgrades for the quiet zone is being borne by the Palm Beach Metropolitan Planning Organization through a cooperative effort with the Florida Department of Transportation. Despite the a)draordinary background cooperation to achieve quiet zones, there remains a solitary process on the part of the City of Boynton Beach. Law requires that each municipality must request and implement a quiet zone through a process established by the Federal Railroad Administration. As such the city must submit two written requests for quiet zone. First, the Notice of Intent shall place interested parties on notice that the city intends to seek a quiet zone. Secondly, the Notice of Establishment advises the FRA that the city has established a quiet zone and that all parties shall abide by this designation. Simultaneous to publishing the two notices, there is significant behind the scenes technical work be performed by City staff. Because the completion dates are not yet known for all work, staff recommends that the City Manager be authorized now to sign the Notice of Intent and Notice if Implementation documents. This will ensure rapid approval of the quiet zones. The Commission will be made aware of status changes to the quiet zone establishment as improvements are made and zones are implemented. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Provide quiet zones along rail corridors thereby improving quality of life for those residential and commercial properties that are negatively affected by train horns. FISCAL IMPACT: None ALTERNATIVES: Require direct Commission authorization for each and every communication regarding quiet zones. STRATEGIC PLAN: Energetic Downtown: Focal Point for Boynton Beach STRATEGIC PLAN APPLICATION: Management in Progress, Item 2 CLIMATE ACTION: No Page 76 of 464 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Addendum D Addendum REVIEWERS: Description Resolution authorizing the CIA to establish quiet zones Notice of Intent Sample Letter Notice Of Establishment Sample Letter Department Reviewer Action Public Works Livergood, Jeffrey Approved Finance Howard, Tim Approved Legal Swanson, Lynn Approved City Manager LaVerriere, Lori Approved Date 9/21/2015 - 3:26 IIIA 9/28/2015 - 8:53 AM 9/29/2015 - 11:09 AKA 9/30/2015 - 4:39 IIIA Page 77 of 464 I RESOLUTION NO. R15- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 SIGN THE NECESSARY DOCUMENTS ON BEHALF 6 OF THE CITY OF BOYNTON BEACH TO ESTABLISH 7 QUIET ZONES ALONG BOTH THE CSX AND FEC 8 RAIL CORRIDORS; AND PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, as All Aboard Florida moves forward with crossing upgrades necessary 12 to support passenger traffic on the FEC rail corridor they will also be installing improvements 13 necessary to garner a quiet zone through the City of Boynton Beach; and 14 WHEREAS, despite extraordinary background cooperation to achieve quiet zones, 15 there remains a solitary process on the part of the City of Boynton Beach; and 16 WHEREAS, each municipality must request and implement a quiet zone through a 17 process established by the Federal Railroad Administration which requires the City to submit 18 two written requests for quiet zones; and 19 WHEREAS, because the completion dates are not yet known for all work, staff 20 recommends that the City Manager be authorized now to sign the Notice of Intent and Notice 21 of Implementation documents which will ensure rapid approval of the quiet zones. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and 25 hereby ratified and confirmed by the City Commission 26 Section 2. That the City Commission of the City of Boynton Beach hereby 27 authorizes the City manager to sign the necessary documentation on behalf of the City of 28 Boynton Beach to establish quiet zones along both the CSX and the FEC Rail corridors. 29 Section 3. That this Resolution will become effective immediately upon passage. C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\6CFCC358-DD45-4035-88E5-OCA416DD6348\Boynton Beach. 2009.1.CM Authorized To Establish Quiet Zones - Reso.Doc Page 78 of 464 30 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\6CFCC358-DD45-4035-88E5-OCA416DD6348\Boynton Beach. 2009.1.CM Authorized To Establish Quiet Zones - Reso.Doc Page 79 of 464 31 PASSED AND ADOPTED this day of , 2015. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\6CFCC358-DD45-4035-88E5-OCA416DD6348\Boynton Beach. 2009.1.CM Authorized To Establish Quiet Zones - Reso.Doc Page 80 of 464 L� MIMI 111 of its intent. It rArs imm "P FRA approval, it must provide written notice to several parties. These parties include the following: • All railroads operating over the public highway -rail grade crossings within the quiet zone; • The State agency responsible for highway and road safety, and • The State agency responsible for grade crossing safety. I . - I . I . Mt A party may submit information or comments to the public authority during the 60 -day period after the date on which the Notice of Intent was mailed. This 60 -day comment period may terminate early, if the jublic authojLi obtains from each ,rajLp either written comments or written statemem'04""191'11�. ift,"Alf not have any comments. WMYMM��� The notice must unambiguously state which crossings will be contained within the quiet zone. Each public, pedestrian, and private crossing must be identified by both the U.S. DOT National Highway -Rail Grade Crossing Inventory number and street or highway name. Is �11 IMM 11 The notice must contain a brief explanation of the tentative plans for implementing improvements within the quiet zone. The notice must clearly indicate the name, title, and contact information for the person who will act as point of contact during the development process. �� All notifications must contain a list of the names and addresses of each party notifie'34 Page 81 of 464 111�01111 11 K1111 11110 111 IN I iiir� p� be . - !f lis - , Notice of Intent to Establish a Quiet ZcI This letter is a Notice of Intent for the creation of a quiet zone at the following public highway -rail grade crossings in CITY/ COUNTY ,STATE LIST BY USDOT # and Street Name (in geographical order, i.e.: n -s, DOT# SEQUENCE) (include Private and Pedestrian Crossings within the Quiet Zone). imn This Quiet Zone will be in effect 24 hours per 6r day. The CITY/ COUNTY's -plan to implement a quiet zone includes upgrading the crossings, where needed, to include gates, lights, constant warning time (where practicable) and power - out indicators. Supplemental Safety Measures will be installed as indicated by the FRA Quiet Zone Calculator. VXGIWFJi� is: Page 82 of 464 Please consider the date of this notice as the beginning date of the 60 -day comment period. This notice is being mailed to: LIST REQUIRED PARTIES ONLY HERE. REQUIRED PARTIES MUST BE NOTIFIED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. NOTE COURTESY COPIES AS "CC" AND LIST AT END O� NOTICE. Signed, C. as needed ME= PLEASE CONTACT YOUR FRA REGIONAL GRADE CROSSING MANAGER BEFORE SUBMITTING A NOTICE OF INTENT (NOI). INVOLVEMENT OF FRA STAFF ISNOT MANDATORY, BUT STRONGLY RECOMMENDED. Page 83 of 464 T f IMM, 11 f A public authority wishing to establish a New Quiet Zone, a New Partial Quiet Zone, a Pre-Rul* Quiet Zone, or a Pre -Rule Partial Quiet Zone must submit a notice of Quiet Zone Establishment. The public authority must provide written notice to several parties. These parties include the following: • All railroads operating over the public highway -rail grade crossing within t • zone, • The highway or traffic control authority, • the law enforcement authority wi jurisdiction over motor vehicle traffic at the quiet zone crossings, • Landowners with control over any private crossings within the quiet zone, • The State agency responsible for highway and road safety, • The State agency responsible for grade crossing safety, and • The FRA Associate Administrator. I I I . I ra rT# I M&;IIJUM Notice of the establishment of a Quiet Zone should be mailed no later than 21 days before t date on which train horns are scheduled to cease sounding. For New Quiet Zones and Ne Partial Quiet Zones, the Notice of Quiet Zone Establishment cannot be served earlier than days after the Notice of Intent was mailed, unless the Notice of Quiet Zone Establishme contains a written statement affin-ning that written comments and/or 'no comment' statemen have been received from each party that received the Notice of Intent. For Pre -Rule Quiet Zon that qualified for automatic approval, the Notice of Quiet Zone Establishment should be mail out before December 24, 2005. 1 Page 84 of 464 J'JAI ,41:10tif. '19['pjjyNr' 7 1 #'1 0 # 1 : R [11111iWC14 0 #1 . Federal Railroad Administration 1200 New Jersey Ave., S. E. Washington, DC 20590 MAKE THIS A N A TTA CHMENT, MAKING PAIRS OF THE INVENTOR Y FORMS AND SHO IN IN SA ME ORDER ASABOVE. This notice is being mailed to: LIST ALL REQUUIRED PARTIES ONLY HERE. NOTE COURTESY COPIES AS "cc:" AND LIST AT END OF NOTICE. Th e co nta ct pe rso n fo r CITY / CO U NTY is: LIST INFO FOR CONTACT PERSON Page 85 of 464 - . herein is accurate, correct,. compi. -nest • knowledgeand belief, block). • * • SEND CERTIFIEDMAIL/ This is provided as a guide only. The Notice of Establishment does not need to be an intimidating document. ESTABLISHMENT.PLEASE CONTACT YOUR FRA REGIONAL GRADE CROSSING MANAGER BEFORE SUBMITTING A NOTICE OF IF YOU HAVE ERRORS OR r ITWILL BE KICKED BACK AND YOUR QUIETZONE WILL BE DELAYED. INVOLVEMENT -OF FRA STAFF IS NOT MANDATORY, BUT STRONGLY RECOMMENDED. W 13 Ji I I • 6YAM# ! INRk,I .< Page 86 of 464 6.F. CONSENT AGENDA 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-125 - Amend the FY2014- 2015 Budget to adjust budgeted appropriations and revenue sources to provide spending authority for Operating and Capital Improvement Projects as need to cover anticipated expenditures for FY 2014-2015. EXPLANATION OF REQUEST: The FY 14/15 Budget was adopted in September of 2014, as a result of normal day to day operations of the City there is a need to adjust various funds, departments and line items within the adopted budget to reflect actual expenditures for FY 14/15. This request is considered a normal event in the annual budget process. Budget adjustments between departments or that will increase a Fund's total appropriations require City Commission approval. (1) The General Fund (001) budget and budgets for other funds have been modified to accommodate for unforeseen events or additional funding needs. Staff is requesting approval of these budget adjustments made during FY2014-15. Accordingly during FY2014-15 necessary budget modifications have been made in various Funds between department/divisions. Thus adopted appropriations for some department line items have been presented on Exhibit A. Staff is requesting approval for the budget adjustments made in FY2014-15. The General Fund appropriation for FY2014-15 will increase as a result needed transfers or appropriation of fund balance. • The General Fund has various line items that need adjusted, resulting in the total General Fund appropriations increasing from $73,030,538 to $73,794,398; • The Community Improvement Fund will be amended from $285,612 to $317,612 to adjust appropriations for operational expenses; • The Parks & Rec Fac Trust Fund will be amended from $218,530 to $273,530 to adjust appropriations for additional current year expenses; • The Public Service Tax Debt Service Fund will be amended from $9,586,388 to $34,301,388 to reflect and account for the bond refunding that the City did during the fiscal year; • The Water & Sewer Utility Capital Fund 404 will be amended from $15,879,899 to $18,379,899 to provide appropriations for contracts approved in FY14/15; • The Sanitation Fund will be amended from $12,131,902 to $12,577,902 to cover higher than anticipated disposal costs; • The Warehouse Fund will be amended from $314,158 to $325,658 to adjust appropriations for operational expenses; The Self Insurance Fund will be amended from $3,104,079 to $3,350,000 to cover additional legal costs and higher than anticipated self-insured claims; and The Boynton Beach Memorial Park Fund will be amended from $383,489 to $416,582 to adjust appropriations for operational expenses. Page 87 of 464 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: Not approve budget amendment which could cause insufficient approved budget for FY 14/15. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Resolution Exhibit REVIEWERS: Department Finance Finance Legal City Manager Description Resolution - Budget Amendment Exhibit A Reviewer Action Date Howard, Tim Approved 0/20/2015 - 5:16 PPA Howard, Tim Approved 0/20/2015 - 5:16 PPA Swanson, Lynn Approved 0/00/2015 - 11:10 AKA LaVerriere, Lori Approved 0/00/2015 - 4:05 PPA Page 88 of 464 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 R15 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR VARIOUS FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, an adopted budget has been prepared by the City Manager estimating expenditures and revenues of the City of Boynton Beach for the fiscal year 2014-2015; and WHEREAS, the City Manager has made recommendations as to amend the amount necessary to be appropriated for fiscal year 2014-2015. 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 amends various FY 2014-2015 budgets for the various funds. A copy of such amendments is attached hereto as Exhibit "A" and the appropriations set out therein for the fiscal year beginning October 1, 2014 and ending September 30, 2015, to maintain and carry on the government of the City of Boynton Beach. Section 3. That there is hereby appropriated revised amounts to the General Fund, Community Improvement Fund, Parks & Rec Fac Fund, Public Service Tax Debt Service Fund, Capital Improvement Fund, Utility Funds (including Utility General Fund and Utility Capital Improvement Fund), Sanitation Fund, Warehouse Fund, Risk Page 89 of 464 29 Management Fund, and the Boynton Beach Memorial Park Fund (see Exhibit A) pursuant to 30 the terms of the budget. 31 Section 4. If any clause, section or other part of this Resolution shall be held by 32 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 33 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 34 remaining portions of this Resolution. 35 Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby 36 repealed to the extent of such conflict. 37 Section 6. This Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this day of October, 2015. 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ATTEST: 56 57 58 59 Janet M. Prainito, MMC 60 City Clerk 61 62 63 64 (Corporate Seal) Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO Page 90 of 464 CITY OF BOYNTON BEACH EXPENDITURE & REVENUE AMENDMENTS BUDGET YEAR 2014-15 001-0000-316-01.00 BUSINESS TAX 001-0000-322-01.00 BUILDING PERMITS 001-0000-354-01.00 CODE ENFORCEMENT FINES Adopted Fund Total Revenues GENERAL FUND DEPARTMENTS 001-1210-512.12-10 REGULAR SALARIES/WAGES 001-1210-512.40-12 BUSINESS MEETINGS 001-1210-512.46-30 VEHICLE MAINT-GARAGE 001-1210-512.49-17 OTHER CONTRACTUAL SRVS 001-1211-512.99-01 001-1310-512.49-12 001-1310-512.49-17 001-1610-513.12-10 001-1610-513.49-17 001-2110-521.12-10 001-2110-521.12-20 001-2110-521.14-10 001-2110-521.14-20 001-2110-521.15-40 001-2110-521.21-10 001-2110-521.23-30 001-2111-521.12-10 001-2111-521.12-20 001-2111-521.14-10 001-2111-521.21-10 001-2111-521.23-30 001-2112-521.12-20 001-2112-521.14-10 001-2112-521.21-10 001-2112-521.23-30 001-2210-522.12-10 001-2210-522.14-10 001-2210-522.21-10 001-2210-522.22-31 001-2220-525.41-10 CONTINGENCY LEGAL ADS OTHER CONTRACTUAL SRVS REGULAR SALARIES/WAGES OTHER CONTRACTUAL SRVS REGULAR SALARIES/WAGES HOLIDAY PAY OVERTIME REIMBURSABLE WAGES INCENTIVE PAY FICA HEALTH INSURANCE REGULAR SALARIES HOLIDAY PAY OVERTIME FICA HEALTH INSURANCE HOLIDAY PAY OVERTIME FICA HEALTH INSURANCE REGULAR SALARIES OVERTIME FICA FIREFIGHTERS SUPPL INS TELEPHONE SERVICES 2014/15 CURRENT BUDGET Exhibit A 2014/15 Amendment AMENDED Revenue Expenditures BUDGET 1,335,000 300,000 1,635,000 1,800,000 300,000 2,100,000 265,000 163,860 428,860 73,030,538 763,860 355,751 7,000 1,173 3,000 650,000 28,000 54,550 353,878 85,000 5,525,205 216,834 350,425 425,000 62,280 428,009 782,438 3,240,744 173,834 350,425 247,046 448,363 259,832 399,150 343,311 729,690 11,023,314 280,000 835,858 262,999 45,202 73,794,398 4,000 359,751 2,200 9,200 1,400 2,573 5,900 8,900 (650,000) 0 4,000 32,000 6,800 61,350 (9,500) 344,378 9,500 94,500 475,000 6,000,205 105,000 321,834 100,000 450,425 19,000 444,000 8,000 70,280 115,000 543,009 40,000 822,438 350,000 3,590,744 (50,000) 123,834 (75,000) 275,425 50,000 297,046 (25,000) 423,363 (50,000) 209,832 230,000 629,150 50,000 393,311 (140,000) 589,690 175,000 11,198, 314 100,000 380,000 75,000 910,858 6,400 269,399 (35,000) 10,202 Page 91 of 464 GENERAL FUND DEPARTMENTS 001-2410-524.49-14 CREDIT CARD FEES 001-2411-524.12-10 REGULAR SALARIES/WAGES 001-2413-524.12-10 REGULAR SALARIES/WAGES 001-2413-524.21-10 FICA 001-2414-515.12-10 REGULAR SALARIES/WAGES 001-2414-515.19-99 NEW PERSON NEL/RECLASS 001-2419-559.12-10 REGULAR SALARIES/WAGES 001-2511-519.12-10 REGULAR SALARIES 001-2511-519.23-30 HEALTH INSURANCE 001-2512-541.43-11 STREET LIGHTING 001-2710-572.12-10 REGULAR SALARIES 001-2730-572.12-10 REGULAR SALARIES 001-2730-572.46-98 GROUNDS MAINT Adopted Fund Total Expenses COMMUNITY IMPROVEMENTS 122-0000-381-01.10 TRANSFER IN - CDBG Adopted Fund Total Revenues 122-2418-554.12-10 REGULAR SALARIES 122-2418-554.49-67 AFFORDABLE HOUSING Adopted Fund Total Expenses PARKS & REC FAC TRUST FUND 141-0000-369-15.00 PARK IMPACT FEE Adopted Fund Total Revenues 141-2730-572.49-17 OTHER CONTRACTUAL SVCS Adopted Fund Total Expenses 2014/15 2014/15 CURRENT Amendment AMENDED BUDGET Revenue Expenditures BUDGET 2,750 18,000 20,750 404,470 9,000 413,470 401,246 30,000 431,246 30,182 3,500 33,682 445,849 20,000 465,849 17,090 (17,090) 0 83,325 3,750 87,075 514,763 (45,000) 469,763 96,706 (9,000) 87,706 600,000 55,000 655,000 1,655,300 53,000 1,708,300 663,298 (55,000) 608,298 1,200,000 (200,000) 1,000,000 73,030,538 763,860 73,794,398 2014/15 CURRENT BUDGET Amendment Revenue Expenditures 2014/15 AMENDED BUDGET 140,000 32,000 172,000 285,612 32,000 317,612 172,723 5,500 178,223 0 26,500 26,500 285,612 32,000 317,612 2014/15 CURRENT BUDGET Amendment Revenue Expenditures 2014/15 AMENDED 70,000 55,000 125,000 218,530 55,000 273,530 0 55,000 55,000 218,530 55,000 273,530 Page 92 of 464 2014/15 2014/15 CURRENT Amendment AMENDED BUDGET Revenue Expenditures BUDGET PS TAX DEBT SERVICE FUND 207-0000-384-01.00 REFUNDING PROCEEDS 0 24,715,000 24,715,000 Adopted Fund Total Revenues 9,586,388 24,715,000 34,301,388 207-3011-517.39-00 ESCROW ADVANCE REFUNDING 0 24,629,860 24,629,860 207-3011-517.73-02 BOND ISSUANCE COSTS 0 84,060 84,060 207-3011-517.73-03 ESCROW AGENT PAYMENTS 0 1,080 1,080 Adopted Fund Total Expenses General Gov't - CIP 302-4108-580.49-17 OTHER CONTRACTUAL SVCS 302-4905-580.63-08 STREET IMPROVEMENTS Adopted Fund Total Expenses General Gov't - CIP 304-4101-580.64-02 304-4106-572.64-18 AIR CONDITIONERS 304-4225-580.62-01 BUILDING IMPROVEMENTS Adopted Fund Total Expenses UTILITY OPERATING FUND 401-2810-536.23-30 HEALTH INSURANCE 401-2810-536.49-17 OTHER CONTRACTUAL SRVS 401-2811-536.12-10 REGULAR SALARIES 401-2811-536.23-30 HEALTH INSURANCE 401-2815-536.23-30 HEALTH INSURANCE 401-2816-536.12-10 REGULAR SALARIES 401-2816-536.23-30 HEALTH INSURANCE 401-2817-536.34-80 SHARED WASTEWATER TRTMT 401-2817-536.34-81 REUSE CHARGES 401-2821-536.12-10 REGULAR SALARIES/WAGES 401-2821-536.19-99 NEW PERSON NEL/RECLASS 401-2821-536.23-30 HEALTH INSURANCE 401-2823-536.12-10 REGULAR SALARIES Adopted Fund Total Expenditures 9,586,388 24,715,000 34,301,388 2014/15 (7,500) 2014/15 CURRENT Amendment AMENDED BUDGET Revenue Expenditures BUDGET 0 80,250 80,250 147,000 (80,250) 66,750 2,049,586 0 2,049,586 2014/15 CURRENT BUDGET Amendment Revenue Expenditures 2014/15 AMENDED 0 0 0 48,000 8,150 56,150 25,000 (8,150) 16,850 492,431 0 492,431 131,872 (30,000) 101,872 25,000 (7,500) 17,500 1,743,194 (150,000) 1,593,194 281,326 (3,500) 277,826 118,684 (10,000) 108,684 760,827 (70,000) 690,827 109,893 (15,000) 94,893 4,160,000 400,000 4,560,000 35,000 5,000 40,000 919,291 6,480 925,771 106,480 (106,480) 0 128,355 (10,000) 118,355 812,364 (9,000) 803,364 40,341,530 0 40,341,530 Page 93 of 464 Utility Cap Improvement Fund 404-0000-389-92.00 NET ASSETS APPROPRIATED Adopted Fund Total Revenues 404-5000-533.65-01 WATER Adopted Fund Total Expenditures 2014/15 CURRENT BUDGET 2014/15 Amendment AMENDED Revenue Expenditures BUDGET 5,935,290 2,500,000 8,435,290 15,879,899 2,500,000 12,523,290 18,379,899 2,500,000 15,023,290 15,879,899 2,500,000 18,379,899 2014/15 CURRENT BUDGET 2014/15 Amendment AMENDED Revenue Expenditures BUDGET Sanitation Fund 431-0000-389-92.00 NET ASSETS APPROPRIATED (1,067,332) 446,000 (621,332) Adopted Fund Total Revenues 12,131,902 446,000 12,577,902 431-2515-534.12-10 REGULAR SALARIES 1,819,955 30,000 1,849,955 431-2515-534.14-10 OVERTIME 25,000 45,000 70,000 431-2515-534.21-10 EMPLOYER FICA 137,976 10,000 147,976 431-2515-534.23-30 HEALTH INSURANCE 358,691 (20,000) 338,691 431-2515-534.25-10 UNEMPLOYMENT 0 6,000 6,000 431-2515-534.32-62 WASTE DISPOSAL 1,700,000 375,000 2,075,000 Adopted Fund Total Expenditures 12,131,902 446,000 12,577,902 Warehouse Fund 502-0000-389-92.00 NET ASSETS APPROPRIATED Adopted Fund Total Revenues 502-1412-513.12-10 REGULAR SALARIES 502-1412-513.21-10 EMPLOYER FICA Adopted Fund Total Expenses 2014/15 CURRENT BUDGET 2014/15 Amendment AMENDED Revenue Expenditures BUDGET (1,719) 11,500 314,158 11,500 182,648 13,737 314,158 9,781 325,658 10,000 192,648 1,500 15,237 11,500 325,658 Page 94 of 464 2014/15 CURRENT Risk Manaeement Fund Amendment Revenue Expenditures 2014/15 AMENDED 522-0000-369-09.00 RESTITUTION 10,000 55,000 65,000 522-0000-389-13.00 INSURANCE REIMBURSEMENT 0 125,000 125,000 522-0000-389-92.00 NET ASSETS APPROPRIATED (65,921) 65,921 0 Adopted Fund Total Revenues 3,104,079 245,921 3,350,000 522-1710-519.12-10 Adopted Fund Total Revenues 383,489 33,093 REGULAR SALARIES 285,805 5,000 290,805 522-1710-519.14-10 134,418 631-3110-539.14-10 OVERTIME OVERTIME 0 1,000 1,000 522-1710-519.21-10 8,622 1,500 10,122 EMPLOYER FICA 21,475 1,421 22,896 522-1710-519.31-11 631-3110-539.49-17 OTHER CONTRACTUAL SVCS 21,000 LEGAL FEES 250,000 150,000 400,000 522-1710-519.31-90 16,143 16,143 OTHER PROFESSIONAL SVCS 100,000 (7,500) 92,500 522-1710-519.45-05 FIRE BLDG/CONT PREMIUM 777,461 (50,000) 727,461 522-1710-519.45-12 WORK COMP SELF INSURED 500,000 286,000 786,000 522-1710-519.49-20 SELF INSURED LOSS 350,000 (15,000) 335,000 522-1710-519.49-20 AUTO LIAB SELF INS LOSS 114,872 (75,000) 39,872 522-1710-519.49-21 AUTO PHY DAM SELF INS 64,131 (50,000) 14,131 Adopted Fund Total Expenses 3,104,079 245,921 3,350,000 Boynton Beach Memorial Park Fund 631-0000-343-83.00 SALE OF LOTS 50,000 15,000 65,000 631-0000-369-10.00 MISCELLANEOUS REVENUE 4,000 2,000 6,000 631-0000-389-91.00 FUND BALANCE APPROPRIATED 157,689 16,093 173,782 Page 95 of 464 Adopted Fund Total Revenues 383,489 33,093 416,582 631-3110-539.12-10 REGULAR SALARIES 115,418 19,000 134,418 631-3110-539.14-10 OVERTIME 3,000 750 3,750 631-3110-539.21-10 EMPLOYER FICA 8,622 1,500 10,122 631-3110-539.43-20 WATER/SEWERE SVC 800 2,700 3,500 631-3110-539.49-17 OTHER CONTRACTUAL SVCS 21,000 (7,000) 14,000 631-3110-539.64-02 GENERAL EQUIPMENT 0 0 16,143 16,143 Adopted Fund Total Expenses 383,489 33,093 416,582 Page 95 of 464 6.G. CONSENT AGENDA 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-126 - Award and authorize the City Manager to sign a Two Year Lease Agreement with Ultimate Bakery and Pastry, Inc. to operate the Restaurant at the Links Golf Course as a result of RFP No. 061-2910-15/J MA. EXPLANATION OF REQUEST: AGREEMENT TERM: NOVEMBER, 2015 THROUGH NOVEMBER, 2017 On August 25, 2015, Procurement Services received and opened two proposals in response to the "RFP for a Restaurant Concessionaire for the Links Golf Course", RFP No. 061-2910-15/JMA. The Links Golf Course is seeking an experienced and creative concessionaire to supply and operate the food and beverage services within the Clubhouse facility for a period of two years. The RFP will allow for three (3) additional one-year renewals. References were secured and provided to the Evaluation Committee consisting of the Assistant City Manager, the Recreation and Parks Director and the Golf Course Manager to assist in their review of the proposals. Ultimate Bakery and Pastry, Inc. scored the highest with 265 out of a possible 300 points. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The restaurant provides a vital function in the operation of the Golf Course by providing patrons with an opportunity to relax and socialize over a snack, beverage, or meal after a round of golf. The restaurant concessionaire will also provide catering services for golf tournaments and events and will supply the four beverage vending machines on the golf course and in the Clubhouse. FISCAL IMPACT: Budgeted Ultimate Bakery and Pastry has proposed an annual lease payment of $7,000.00 or 6.5% of gross sales (whichever is greater) for the first year, and $8,000.00 or 7.5% of gross sales (whichever is greater) for the second year. Expiring lease agreement pays a monthly rent equivalent to $.07 per round of golf. Rent receipts for FY 2015 (to date): $4,570.69 FY 2014: $5,338.69 ALTERNATIVES: Reject the two proposals and issue a new RFP for a concessionaire to operate the restaurant. STRATEGIC PLAN: Page 96 of 464 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Ultimate Bakery and Pastry, Inc. START DATE: END DATE: CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: May be renewed for three (3) additional one-year terms. ATTACHMENTS: Type D Resolution D Contract D Tab Sheets D Other D Attachment REVIEWERS: Department Finance Finance Legal City Manager Description Resolution approving Two Year Lease Agreement with Ultimate Bakery and Pastry Agreement for Concessionaire Services Tab Sheets Summary of Rede rs' Scores Ultimate Bakery Proposal Reviewer Action Date Howard, Tim Approved 9/30/2015 - 11:02 AKA Howard, Tim Approved 9/30/2015 - 11:03 AKA Swanson, Lynn Approved 9/30/2015 - 4:09 PM LaVerriere, Lori Approved 9/30/2015 - 4:38 PM Page 97 of 464 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R15 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A TWO YEAR LEASE AGREEMENT WITH ULTIMATE BAKERY AND PASTRY, INC., TO OPERATE THE RESTAURANT AT THE LINKS GOLF COURSE AS A RESULT OF RFP NO. 061-2910-15/JMA; AUTHORIZING THE CITY MANAGER TO SIGN THE TWO YEAR LEASE AGREEMENT WITH ULTIMATE BAKERY AND PASTRY, INC.; A N D PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 25, 2015, Procurement Services received and opened two proposals in response to the "RFP for a Restaurant Concessionaire for the Links Golf Course," RFP No. 061-2910-15/JMA; and WHEREAS, the Links Golf Course is seeking an experienced and creative concessionaire to supply and operate the food and beverage services within the Clubhouse facility for a period of two years with three additional one year renewals; and WHEREAS, upon recommendation of staff, the City Commission does hereby approve the Two -Year Lease Agreement with Ultimate Bakery and Pastry, Inc., to operate the restaurant at the Links Golf Course for a period of two years with three additional one year renewals and authorizes the City Manager to sign the two year Lease Agreement between the City of Boynton Beach and Ultimate Bakery and Pastry, Inc. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a part of this Resolution. Section 2. The City Commission does hereby approve the Two -Year Lease Agreement with Ultimate Bakery and Pastry, Inc., to operate the restaurant at the Links Golf Course for a period of two years with three additional one year renewals and authorizes the 100073490.1306-90018211 1 Page 98 of 464 30 City Manager to sign the two year Lease Agreement between the City of Boynton Beach 31 and Ultimate Bakery and Pastry, a copy of which is attached hereto as Exhibit "A". 32 Section 3. This Resolution shall be effective immediately upon passage. 33 PASSED AND ADOPTED this day of , 2015. 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ATTEST: 55 56 57 58 Janet M. Prainito, MMC 59 City Clerk 60 61 62 (Corporate Seal) 63 64 65 100073490.1306-90018211 CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick RA VOTE YES NO Page 99 of 464 CONCESSIONAIRE SERVICES TO OPERATE A RESTAURANT AT THE BOYNTON BEACH LINKS GOLF COURSE THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and ULTIMATE BAKERY and CATERING, INC., hereinafter referred to as "the Operator", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Operator is retained by the City to perform Concessionaire services in connection with the REQUEST FOR PROPOSAL FOR RESTAURANT CONCESSIONAIRE SERVICES AT LINKS GOLF COURSE, located at 8020 Jog Road, Boynton Beach, Florida. 2. SCOPE OF SERVICES. Operator agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. LEASEHOLD PREMISES. The City agrees to lease to an Operator a portion of the designated City facility located at the Links Golf Course. Location is in the Golf Clubhouse The space is designated as the "restaurant", and is owned by the City of Boynton Beach, Florida and operated for the selling of food and beverages to golf patrons and the general public. 4. TERM OF LEASE AGREEMENT: The lease agreement shall be for a period of two (2) years, , with an option to renew for three (3) additional one-year periods at the sole discretion of the City. 5. PAYMENT. The Concessionaire shall pay the City an annual sum of $7,000.00 or 6.5% of the gross sales, whichever is greater, for year one; and an annual sum of $8,000.00 or 7.5% of the gross sales, whichever is greater, for year two. Monthly payments will be established by Ultimate Bakery and Catering and the City. a. Said payment shall be made and received by the City on or before the 1 st day of each and every month. A late fee of 15% will be charged if payment is received after the 5 h day of the month. Any monthly payment not received by the 25th day of the month shall be grounds for termination of the contract. b. Operator will keep accurate records of all sales and receipts through the use of electronic cash registers, which provide daily tapes and reports. The Operator will prepare a monthly report to the City and attach copies of daily tapes of each report. The City will have the right to inspect the books, records and inventories of the Operator at any given time. Monthly reports shall be due on the first of each month. c. Final payment of any balance due the City of the total contract price will be made promptly upon its ascertainment and verification by the City after the completion of concession services under this agreement and its acceptance by the City. d. Security deposit of $1,500.00 made by the Operator at time of award will be returned to Operator at the end of the lease, without interest, after determination that the Operator has fulfilled all terms of the lease and left the premises in adequate condition, as determined by the Links Golf Course Manager. The Operator's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the final payments. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Operator in connection with the services rendered under this agreement shall be the property of the City. CITY OF BOYNTON BEACH RFP No.: 061-2910-15/JMA Page 100 of 464 7. COMPLIANCE WITH LAWS. Operator shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Operator shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including legal fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Operator's own employees, or damage to property occasioned by a negligent act, omission or failure of the Operator. 9. INSURANCE. The Operator shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within ten (10) days of notice of award and every year thereafter upon renewal for the duration of the contract. 10. INDEPENDENT CONTRACTOR. The Operator and the City agree that the Operator is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Operator nor any employee of Operator shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Operator, or any employee of Operator. 11. COVENANT AGAINST CONTINGENT FEES. The Operator warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Operator, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Operator, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. Discrimination prohibited. The operator, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Operator shall not sublet or assign any of the services covered by this agreement without the direct written consent of the City Manager. 13. NON -WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement thirty (30) days after delivery of written notice of such termination. b. In the event of the death of a member, partner or officer of the Operator, or any of its supervisory CITY OF BOYNTON BEACH RFP No.: 061-2910-15/JMA 2 Page 101 of 464 personnel assigned to the project, the surviving members of the Operator hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Operator and the City, if the City so chooses. c. This lease agreement may be terminated immediately for default of payment as stated in item # 5-A of this contract. This lease agreement may, at the option of the City, be terminated immediately if the Operator shall become insolvent or bankrupt, make an assignment for the benefit of creditors or be convicted of a crime or any other similar gross misconduct. 15. RENEWAL. The City Commission may renew the contract, at the same terms and conditions, for three (3) additional one (1) year periods subject to satisfactory performance and determination that renewal will be in the best interest of the City. 16. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida, 33435 Attn: Lori LaVerriere, City Manager Notices to Operator shall be sent to the following address: Ultimate Bakery and Pastry, Inc. 11600 Poinciana Drive Royal Palm Beach, FL 33411 ATTN: Peter Torocsik, President 18. 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 of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida's Public Records Law. Effective July 1, 2013, Section 119.071, Fla. Stat., the contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology of the agency. CITY OF BOYNTON BEACH RFP No.: 061-2910-15/JMA Page 102 of 464 Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. 19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Vendor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Vendor. DATED this day of CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Attest/Authenticated: Janet Prainito, City Clerk Approved as to Form: James A. Cherof, City Attorney CITY OF BOYNTON BEACH RFP No.: 061-2910-15/JMA 12015. ULTIMATE BAKERY AND CATERING, INC. Name Title (Corporate Seal) Attest/Authenticated: Secretary 4 Page 103 of 464 CONCESSIONAIRE SERVICES TO OPERATE RESTAURANT AT THE BOYNTON BEACH LINKS GOLF COURSE EXHIBIT `A' 1.3 OBLIGATIONS OF THE LINKS AT BOYNTON BEACH: The Links will provide the following: ■ Electric service ■ Hot and cold water service ■ Cable Service including ESPN and the GOLF Channels ■ Wi-Fi ■ Monthly General Pest Control for the building ■ Fire suppression and alarm system ■ Freezer ■ Two (2) Reach -in Refrigerators ■ Under counter Refrigerator ■ Keg Beer Cooler (behind bar) ■ Keg Beer Cooler (small holder cooler) ■ Bottle Cooler ■ Ice Machine ■ Sandwich Unit Bay ■ Gas Range ■ Electric Deep Fryer ■ Gas Broiler ■ Flat Top Griddle ■ Dishwasher/Sanitizer ■ 11 Tables; 40 Chairs; 11 Bar Stools ■ Metal containers for trash and recyclables The Links will be responsible for the repair and maintenance of the above equipment. Necessary repairs to the ventilation hood will be determined by the Links and will be the responsibility of the Links golf Course. All cleaning of the ventilation hood is the responsibility of the concessionaire. The hood is to be cleaned at a minimum of every 90 days. Concessionaire is also responsible for passing the semi-annual inspections of the ventilation hood. 1.4 OBLIGATIONS OF THE CONCESSIONAIRE/OPERATOR: A. The Concessionaire will provide the following: ■ Point-of-sale system ■ All restaurant supplies to include food, beverages, paper and plastic products, propane, and cleaning supplies, glassware, china, pots and pans utensils; ■ Concessionaire shall accept credit cards for payment. ■ Any equipment needed in addition to equipment provided by the Links, e.g., CITY OF BOYNTON BEACH RFP No.: 061-2910-15/JMA 5 Page 104 of 464 microwave, toasters, blenders, etc. ■ Signs and advertising materials (subject to approval of the Golf Operations Manager). ■ All personnel needed for the operation of the Restaurant. B. The concessionaire shall provide all working capital, additional operating equipment, and inventory necessary to effectively manage the restaurant. C. The concessionaire will sell quality food and beverages as allowed by the Links at competitive prices. D. Concessionaire may offer non -consumables for sale with written approval of Golf Operations Manager. E. Concessionaire shall submit a sample written menu with proposal to include the brand name of the products being offered and a description of the item. F. The City reserves the right to inspect the leased premises at any time. G. The City will not operate any competing concessions at the Links Golf Course. H. Concessionaire will show appropriate programs on televisions to include sports and news. Golf Operations Manager will make final determination on what are appropriate programs. I. The concessionaire shall have been actively conducting a profitable food and beverage business for a minimum of five (5) years. J. At time of award, the concessionaire shall submit a $1,500.00 security deposit. This security will be deposited in a non-interest bearing account and will be Returned at lease end after determination that the concessionaire has fulfilled All terms of the lease and left the premises in satisfactory condition (as determined by the Golf Operations Manager). K. The concessionaire will be responsible for pest control in the kitchen, behind the bar and the food storage areas. The concessionaire shall be responsible for meeting any and all federal, state, and local regulations regarding food sanitation and pest control. L. The concessionaire will be responsible for bringing their recyclables and trash to the designated dumpsters. Boxes are to be broken down before disposal. M. The concessionaire will be responsible for keeping the restaurant and kitchen clean and free of debris. N. The concessionaire will be responsible for the four (4) Pepsi beverage vending machines, three located on the course, and one in the Clubhouse. Concessionaire will purchase the beverages through Pepsi and will stock the machines and retain the profits. CITY OF BOYNTON BEACH RFP No.: 061-2910-15/JMA Page 105 of 464 1.5 FOOD PRODUCTS: 1.5.1 All food, drinks, beverages, confectionery, and snacks, sold or kept for sale shall be of First Quality and conform in all respects to the federal, state, and municipal laws, ordinances and regulations. 1.5.2 No imitation, adulterated, or misbranded article shall be sold or kept for sale. All products kept on hand shall be stored and handled with due regard for sanitation. 1.5.3 Concessionaire shall utilize brand products, i.e., Starbucks, Pepsi, Coca Cola, etc. 1.5.4 Concessionaire will be responsible for the purchase, inventory, and security of all food products offered for sale in the Restaurant. 1.5.5 Delivery of food, beverages, and supplies will be arranged so as not to create congestion or undue interference in Club operations. 1.5.6 Items sold by the concessionaire shall include, but are not limited to: ■ Fried foods: French fries; onion rings, chicken, etc. ■ Pizza ■ Hamburgers and Hot Dogs ■ Sandwiches ■ Salads ■ Pastries ■ Snacks (chips, peanuts, pretzels, candy, granola/energy bars, etc.) ■ Beverages ■ Beer and Wine 1.5.7 The Golf Operations Manager or his designee shall reserve the right to "taste test' all menu items to insure quality. 1.6 CONCESSION PERSONNEL: 1.6.1 The concessionaire will provide the concession employees, and supervise and compensate the operator's employees. The concessionaire shall at all times be an independent contractor and shall not be an employee of the City of Boynton Beach. The Lease Agreement shall not in any way create or form a partnership of joint venture with the City of Boynton Beach. No agent, servant, or employee of the concessionaire shall under any circumstances be deemed and agent, servant, or employee of the City. 1.6.2 Concessionaire's staff shall be dressed neatly, and in clean and appropriate clothing. 1.6.3 Concessionaire shall provide a list of employees to the City with proof of a background check with the State of Florida Department of Law Enforcement. CITY OF BOYNTON BEACH RFP No.: 061-2910-15/JMA 7 Page 106 of 464 Results of the background check shall be shared with the City and the City shall not approve a potential employee with unacceptable background investigation results. 1.6.4 Concessionaire shall employ only competent personnel to perform the restaurant services. If at any time during the term of this lease agreement, the City in its sole discretion, desires the removal of any person or persons employed by concessionaire due to an infraction of the rules of conduct, the concessionaire shall remove any such person immediately upon receiving notice from the City. 1.6.5 Concessionaire shall be certified in the proper handling of food, and assumes full responsibility for the proper and safe dispensing of alcoholic beverages to the customers. 1.6.6 Concessionaire shall maintain copies of Material Safety Data Sheets (MSDS) for all products used in the performance of the lease agreement. The MSDS shall be accessible to the concessionaire's employees and City employees for the purpose of reference regarding toxic and hazardous properties; precautions; and procedures in the event of an emergency. 1.7 TERM OF LEASE AGREEMENT: 1.7.1 The lease agreement shall be for a period of two (2) years, through , with an option to renew for three (3) additional one- year periods, subject to concessionaire acceptance, satisfactory performance, and determination that the renewal will be in the best interest of the City. The decision to renew the lease shall be at the sole discretion of the City. 1.7.2 Established monthly lease payments to the City shall be due the first day of each month. Any monthly payment received after the 5th of the month shall be subject to a 15% late fee. Any monthly payment received after the 25th day of the month shall be assessed a 15% late fee and shall be grounds for termination of agreement. 1.7.3 The lease agreement may, at the option of the City, be terminated immediately if the concessionaire becomes insolvent or bankrupt, make an assignment for the benefit of creditors, or be convicted of a crime, or any other similar gross misconduct. CITY OF BOYNTON BEACH RFP No.: 061-2910-15/JMA Page 107 of 464 LU� V� 0 LL ,J^ V V� Z J W `2 r O LL LULU I.L a Z LU U Z O U H NZ N W Q O LL 0 - LL w iL V�1 Ln N F- U) U) D CD Q i Q LLQ � O O N � W rn Q Lij N F- (D W W .. ::) O 0 Z lylyly O co O W Z ~ y N N W QH CY Q U) W JW Q~ W JW Q~ ce) J U OL W� Q W W CL Q 0 R LL O U 0 U') ' O W E U) C) Z (n CD 0) fn CD 0) Z L Q M=. 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L6 L6 O N O O N N CL X Q W d a a O O W YLU D U)Q LU W O Z w 0 a W H W a a - a - � ~ U) U) CL D J N J Q a 0 p J a 0 Z U w U d' Boynton ch, Florida Torocsik, President Ultimate Bakery & Pastry 561-305-8646 2 Page 112 of 464 Ultimate Bakery {Pastry is an independentfood { 1 } operation of l=ted at the LinksGolf Course City of Boynton Beach, Florida. As you may know, our company has a great deal of experience in running food operations broad baseof (Fort+ n Broward County, Boca f n, City of West Palm Beach, City of Palm Beach Gardens, City of Miami, City of Beach Gardens, Village of Royalcountlessi over period Over the last twenty years — as well as recentlij- — we have j -I a iwilieTiTM as the Fort Lauderdale Police Department Cafeteria, and the Spanish River Library Caf6 in Boca Raton. Recently, our company became a Registered Caterer with the Child Care Food Program (CCFP) operated by the Florida Department of Health. The restaurant at the Links #lf Coursetothe manyoperations we have owned, managed and operated over the past 20 years: golf course restaurants (Boca Raton and Palm l tMrTTWZ ownedand so forth. Additionally, we have many successful family restaurants and pastry shops in both New York and Floridapast. • 1 ! I { i f f • ♦ • ♦ • • V # 1 i ♦ ! i { i { 1 ! x • • • 1 }l1k, President PROPOSAL -MR :. Ultimate Bakery & Pastry 0 Page 113 of 464 PETFR- TOROCSIK - REsLAT- 564-305-8646 OBJECTIVE As a Food service professional with extensiveex"' p hence in all aspects of food preparation and ti management of related instituons, I have operated restaurants, bars, institutional food preparation facilities and more. My background includes providing hundreds of emergency service workers with food and sustenance during hurricane rescue operations. I am a tireless cook, baker and butcher with executive and management skills earned through many years of aparience. My work is is second to none. I always train new employees to operate per the highest standard of quality to benefit my customers. Additionally, I provide continuous re-training TO ensure that the standard of quality is maintained without exception. I have an old fashioned attitude towards my work I think of myself and my profession as one of service. In living by that philosophy, my professional life has always provided me with satisfying rewards in exchange for good food and fresh baked goods. I have been the recipient of well earned high and contracts, a growing customer base, tips, bonuses and lucrative profits. However, material gains are not the most Important aspect of my professional life. I am also rewarded with joy and self confidence which encompasses my operations and - at times- is a fit substitute for monetary remuneration - QUALIFICATIONS a Over 40 years of work history in the culinary and hospitality field in Budapest Hungary and the United States, • From 1992 through the present, I have owned and operated several medium sized food service companies, all of which specialized in local Government procurement contracts in the fields of food, beverage, bakery, pastry, catering and special event contracts. Contracts were awarded through fair bidding processes, • My culinary education commenced in Budapest, Hungary in 1979. 1 received my first American Food Service Manager License in 1987 in Brooklyn, NY r'Meals on Wheals.') • I successfully became well acquainted with all American menu hems, the full line of bakery and P astry products and all State mandated professional regulations in both New York and Florida. WORK HISTORY 2014 Acquired a contract with the Village of Royal Palm Beach, Florida to operate this cafes in Village owned parks. 2012 Sold Ultimate Catering LLC, the company which won the lucrative Riverside Cal'i contract for 5 + 5 years in 2011. 2001-211111 Won and operated contracts with: • Braward County Sheriffs Office • Ft Lauderdale Police Department • City of West Palm Beach • City of Boca Raton • City of Parkland • City of Palm Beach Gardens 1992-20DO Owned and operated: • Esther and David Inc. Pizza and Pasta restaurant in JacksonvillA Florida. • Via Polio Bakery and Deli in Boca Raton, Florida • Food Service Contract forWatershed, Inc - HOBBIES a Certified Chess Instructor and Coach, Licensed by the International Chess Federation a Former professional soccer play, retired Certified Coach and Referee Ultimate Bakery & Pastry 561-305-8646 Page 114 of 464 Cafeteria: All day food and beverage service with a 2 COP Beer aril Wine License every single day, 365 days per year. Open 7 AM to 6 PM, in accordance with the Golf Course's opening hours. Customers were able to only play golf, but chess, as well. Additionally, guests were able to view their favorite channels on a large screen, HD flat screen television provided by Ultimate Bakery & Pastry. The relaxing, cultured environment combined with excellent food and service served to make a golfer's day complete, pleasant and memorable. Beverage Golf Cart: Our mobile food cart provided refreshments and snacks for customers while they played golf, allowing them to ignore the hot sun and simply enjoy their day. Restaurant and Bar. The Golf Course Restaurant provided seating for 150+ customers. The outside patio was a very relaxing environment for people seeking to escape the rigors of their hectic everyday lives. Our 4 COP liquor license made their day perfect. Beverage Golf Cart: Anything golf course patrons could desire was provided for them through our Beverage Cart. '%efreshments: Our hot dog cart, soda machines, ice cream machines and snack machines provided just the right amount of service for people who wanted a few relaxing hours next to the ocean. PROPOSAL FOR BOYNTON BEACH LINKS GOLF COURSE RESTAURANT Ultimate Bakery & Pastry 561-305-8646 1� Page 115 of 464 Cafeteria: All day food and beverage service with a 2 COP Beer and Wine License every single day, 365 days per year. Open 7 AM to 6 PM, in accordance with the Golf Course's opening hours. Customers were able to only play golf, but chess, as well. Additionally, guests were able to view their favorite channels on a large screen, HD flat screen television provided by Ultimate Bakery & Pastry. The relaxing, cultured environment combined with excellent food and service served to make a golfer's day complete, pleasant and memorable. Beverage Golf Cart. Our mobile food cart provided refreshments and snacks for customers while they played golf, allowing them to ignore the hot sun and simply enjoy their day. 7%estaurant and Bar. The Golf Course Restaurant provided seating for 150+ customers. The outside patio was a ve— relaxing environment for people seeking to escape the rigors of their hectic everyday lives. Our COP liquor license made their day perfect. I L�everage Golf Cart. Anything golf course patrons could desire was provided for them through our Beverage Cart. Refreshments: Our hot dog cart, soda machines, ice cream machines and snack machines provided just the right amount of service for people who wanted a few relaxing hours next to the ocean. PROPOSAL FOR BOYNTON BEACH LINKS GOLF COURSE RESTAURANT Ultimate Bakery & Pastry 561-30S-8646 11 Page 116 of 464 I The BSO Cafeteria nrovided breakfast and lunch for 1400 law enforc�knvw �;ffyvU-k a variety of pastries and breakfast egg items but also hot meals with salads and hot soups. The BSO Cafeteria has Pastry events almost every week for different occasions and for different departments. The menu and se I Emergency Food Service was provided in the event of hurricanes, flooding or any catastrophic Acts of God or manmade effuy Event in 2005, we prepared and served 48,000 meals. Family Picnic: Ultimate Bakery & Pastry served 4,000 participants in the Public Employees' Picnic organized by the City at Snyder Park. checkpoints. Auction: We catered the City of Fort Lauderdale Car Auction. PROPOSAL FOR BOYNTON REACH LINKS GOLF COURSE RESTAURANT Ultimate Bakery & Pastry 561-305-8646 Page 117 of 464 %7RATI 71"MYA"j W "TAT �5M, LIF and train all employees. Everyone in Mr. Torocsik's famil, ass, tif five onerations in as manv loca;ilns where he took personal pride in the professionalism of the food servireS,_Annmj&qO_Y4.e_hm excellent relationships with the Health Departments, Fire Departments and Police Departments in all his operating locations, past and present. Time and again, Mr. Torocsik has proven his ability to comply with all codes and requirements without fail. The company has $1,000,000 in Commercial General Liability Insurance, $500,000 in Business Automobile Liability and full Workers' Compensation Insurance coverage. Spon request, �litimate Bakery and Pastry would be delighted to provide you with copies of all necessary licenses, proof of insurance, qualifications and recommendations. If there are any questions, Mr. Torocsik can b- ! - one at 561-305-8646 or by e-mail at peterPastry@chef.net. Ultimate Bakery & Pastry 561-305-8646 Page 118 of 464 June 19 . 20.7 TO WHOM 17 MAY CONCERN Thisfather of reco fre"" mm""Nois prepared an behalf of Mr. Peter Tiertacrilk. O.-muind Food ServatDirector. Of "tumn, Catering. Inc Uh—se Catering has been the Suchard Shoiff's Delta food vendor, umid, locith 'd an L to rismind floor of the Public Safety S.iIdN ­ 1 2601 W- a' - and giridn"Isiv. Fort Lauderdale, Flunda, for the past 4 year, Ahm, werecently —.-d our uniffi-Y..r road mortice c..." With ulderecass Catering . ultimate C.P.1, has ,d daily land .,V-. Monday through F,id.V . for breakfast and 1.1 kar"B''d S—.Ay... d.Nmj the manioc. Ultimate Catering Provided thiCellenst -Emergency food .,A,.' . mcmdad in our ."or and declared by the Sheriff for Hurricanes Katrina and Wilma Th. aphorgerly food Wilice — for 3 ..Is per day and . nudirigin snack each night ftir 250 einpliffires until the smorgancy status was lifted . Additionally, Uldimean CMR1;n9 has purchased and ninahouseed a [.,go arthroerity, food ad beverage -mauler, m yeall —:.. her pending Limmuder, and _, man —da enang—Jas For 950. To data , behind On my eansminces as the Ultimate Catarhtg , Inc. co,ow administrator forms SnAvard Sh-Wu Office . and the rrefebasionallser ind ressimpanuirm -I Ulbmare Catering , I IntImartual Va., conlidoreaks. of Mr. T -111k and the Lfitimpire Catering seem for food service prclacts N. Dan Revix .Dire r Ppam D—lepineat au men &—aid Short.', Office Village of Royal Palm Beach, Florida —Sa- E -i— R R. s ., -eer— —ra5 ' 1 1, —Sch 4. son. P.— 'Partmeak diblis Ultimate Bakery and Pantry 3570 mouth Orman Blvd., Unit 407 South Trial. B .. le, A 334&0 NO:Lane. Ag --'.t - Studio ailBenumage 8—ion no Rw.] Palm Beach C.-- D— Mr. Throstak: I:— find tim"'ad . holy coned Agrem—sra far the above referenced .:-p—.d InTthe VJ11991 Cutrunil satting 'L regularscaska On a.purand.u., Is. 2014. S.umdd you have -Y Q -tui rlraae Anel from ad comments ce, refit--. fps VMRP Clock — Dime., of parka and lic—stirch J'Amess wom mom 11i"\zli'zi, s' ssian To Whara ft,Wfqp Caucterst: Ntifir?'brocith Monameabile and dairstrie—sr, hifPserforimserter has pm- cd WIT vol able so the Selma abed wilider 01*0w sucheigh flow Ati—J141, Tairstashirft, hurt ji,exiint and dalicif that about he caddisichaked Adevedbirby c-liftaidenty imbalindag excelIsdoural maill Remparchedifteend Phase haningin him cadipreohicands, PeDT by hied} liefthYlgistor and has good acesWicad crabid me will he xrrmly Inessm. angst to any peresed. if I can be qSfaterfankner cossidishomm, - pronvidrad, .1rh shfigftrilhar hgbremarthin, plarem do M Aradifthe to catifeact mea. Yindberssinceird), Ritihem k7,me Chair� (50) 833 5708 P. a H- 344 fths, Brad, 1`7611d. 33480 in, 1,26 1 Im. it W oar-Chni I L L 10 " In, Sir, S. 3P:t ru P, W—, pie L 0..Au.you k6Aymoricj... I a --I LCI unpurain'l Co.- List your tri rhui,� A. xiU "'P, is m ligase I.and orAdythe aftateli®rix ta-l—mei stint": 11, 11 "milf, — or ft. or, 4 . .,ou _,q — iha'. and rourtts pix. a.,—r shindard, and app"bk V.,— emR.. Iii. it A 1,• k, Cliche is road-. cut P Inkof Pisa, M 1. Lush, IwiY dii.,vdl LiFeudder U,61111 minull y, Mw yqiu am ,i—b Brenda J Dunn, RD L D "Soill'Ifig, Wsqe,ossa ii I se MNIAN Ultimate Bakery Pastry 561-305-8646 vi Page 119 of 464 �9-_ T �121 M it V77M f=i consisting of highly trained and experienced food service professionals in order to have them create a restaurant wherein the VIP oriented atmoschere and bt- h end costumer service Fcrovides �-�uests with that si.cecial M.T-TrArM. , th aw ani -Nos?", cR urteous service are always crucial issues in a golf course -environment. The Operational Plan of Ultimate Bakery and Pastry Company (Peter's Catering) covers all aspects of the workings of the Fresh f:45 AM to 6:00 PM. Based on our extensive experience operating many golf course based and other restaurants in the past, we will be offering convenient "GRAB 'N GO" hot breakfast specials. These specials will include delicious breakfast pastries, doughnuts, turnovers, muffins, bagels, English muffins and croissant sandwiches and will be available all day long to fill customer desires. Our fresh brewed coffee, a variety of teas, espresso, cappuccino, lattes, juices and ripe bananas serve to round out our warm inviting selection of breakfast offerings. Our "A la cart" foods and "everyday specials" are available in a full service dining setting with table service. Professional, smiling, well trained waiters and waitresses will take orders quickly and efficiently and deliver hot, satisfying meals to our guests. "Rush'N Go" sandwiches, subs, burgers, hot dogs, pizzas, pretzels, fries, boxed salads, fruit cups. chips crackers, candy bars, cold drinks etc. will be prepared and displayed for immediate pick up. Our smartphone apps (described in Lail in our Technological Operations section, below) will allow guests playing golf to order and receive food without delay. Our Operational Plan takes advantage of our other facilities, such as the full commercial kitchen we operate through our current food service contract with Village of Royal Palm Beach (Commons Park) where fresh pastries come from our oven throughout the day. The Commons Park Sports Cafe services the three story club house banquet facility and various indoor programs while providing food service support for outdoor special events needs, such as the weekly Green Market, the Oktoberfest, the annual Fourth of July celebration and the needs of those using the golf driving range where golfers are our everyday costumers. We operate and service beverage vending machines on the Driving Range and also operate a hot dog cart service with cold drinks. We own a lift -gated delivery box truck for transporting frozen, parbaked or fresh pastries from our commercial kitchen and bakery. This allows us to quickly move large amounts of baked goods from our commercial kitchen to Boynton Links. GPS indicates that the route along Southern Blvd to the Links Jog Road address takes approximately 18 minutes. allow them to know who is serving them and to establish a personal rapport between quest and employee. Our master chefs and assigned managers will work on Mo -Wed -Fri -Sun and Tue-Thurs-Sat rotating schedule from 6:30 AM to 6:30 PM, full time. Wait staff and other help - both full and part time - scheduled will be scheduled for lunch and afternoon hours, for weekends and whenever necessary. Women's Golf League, Men's Golf League, Happy Hours and other important times of the week will find us amply staffed to ensure fast, professional service. Ultimate Bakery and Pastry maintains a staff position of "Digital Operations Engineer." This person is responsible for website development, maintaining our digital media marketing assets, overseeing app development and all aspects of our digital marketing operations. Ultimate Bakery & Pastry 561-305-8646 Page 120 of 464 We have already begun development of a website for the Fresh Links Restaurant, in anticipation of potentially winning this contract. Ultimate Bakery and Pastry does not believe in waiting until the last minute to begin working on any project. We invest time and effort ahead of time, an example of optimism, confidence and positive thinking but also a sign of our understanding that in today's world, time is of the essence. Waiting is never to the benefit of any organization. In that vein, we have also begun to explore the needs of not only the Restaurant but of the Golf Course as a whole where the Restaurant is concerned. We took note of the signs on the course prescribing strict limits for play depending an the time of day. Certainly, neither players nor the City would want play delayed by slow service in the Restaurant. we have taken the time and effort to explore innovative technological solutions. We have determined that the best way for a Player to be able to co-rre iT. apt w1rat VP %g�Ttc aTd IP-7up visirL-1v ic F1 p Time. IS ready tor them at that time. I hey need simply come Fe, S, t-TM7VN§-V PICK J. I neir or Or win 6 pick it up, pay and go. The app will also allow us to communicate specials to users through data pushing methods. The same methods could be used by both the Restaurant and the Golf Course rn 111'e continue to explore new technological methods for improving service on a continuous basis. When we encounter a method which would seem to be useful to us and beneficial to our guests, we seek to integrate that method into our business model. Moreover, when we add new methods, we make certain that our partners - such as the City of Boynton Beach - will benefit, as well. Ultimate Bakery & Pastry 561-305-86" LL Page 121 of 464 Ultimate Bakery & Pastry 561-305-8646 m Page 122 of 464 �all- UkR' At 4A)N#7qM Submit RFP`s To: PROCUREMENTSERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 RFP Title: RFP FOR A RESTAURANT CONCESSIONAIRE FOR THE LINKS GOLFCOURSE RFP Number 061-2910-16/JMA RFP Received By: AUGUST 25,20115, NO LATER THAN 2:30 P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for AyjLuet 15 No Later ban 2:30 P.M. (LOCAL TIME) and 2-5 2015, h . .......... . . .... I may not be wthdrown within ninety (90) days after such to and time. All awards made as a result, of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Vendor. Ultimate Bakery and Pastry, Inc. Federal I.D. Number: 46-5179624 A Corporation of the State Of. Florida Area Code: 561 Telephone Number: 305-8646 Area Code. FAX Number. Mailing Address: 11600 Poinciana Drive Cit Stat eop: Royal Palm Beach; Florida 33411 Vendor Mailing Date: August 24, 2015 E-mail: peterPastry@chef.net Authorized Signature Peter Torocsik Name Typed THIS PAGE TO BE SUBMMED FOR PROPOSAL TO BE CONSIDERED COMPLETE D. CITY OF BOYNTON REACH XFP Na: 061-2910-15(JMA 20 ffi Page 123 of 464 r3ff+ # » « + » RFP TITLE: "A RESTAURANT CONCESSIONAIRE FOE LINKS GOLF COURSE" *©*» : 061-2910-15/JMA DATE SUBMITTED: August 24, 2015 We wrorroi.q-- and apree, if this submittal is acceoled I to contract with the CU of Bunton Beach, Having studied the documents prepared by: THE CITY #2=« 242BEACH " I following addenda which we have received: ADDENDUM DATE ADDENDUM DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. City of Boynton Beach 21 irL'FP 11o.: 1.11-2910-INAM 1,111crill-ly- FT. Page 124 0 464 yQ PRICE PROPOSJ I QQ WZFM-- j7P �JQ?70 7,71 QT7M- M 0i 10 IiI411-1 414 "My— � %r. �-Mlfrf�rl= r Eight Thousand Dollars I Year 2 (39,600.00 )Near 2 (Written Amount) 11MR- - - � I . A 0 1 - I� 0 ;,$ I a . 6 . a . , 0 . - z , . , . . . - it 1Ij,;Mg4jjWM- 077iiiiiiii77MEN 1114116111WA." . ":m ". 'Wo WAAN fli to I -XV i D-11tills] 14H 11 it W; 111# 0 kr� r� I Ultimate Bakery & Pastry, Inc. ( 561 ) 305-8646 MM - SIGNATURE Peter Torocsik MA President/Owner DATE Ultimate Bakery & Pastry is offering to pay $7,000 for the first year in rent and $8,000 for the second year. For purposes of fairness toward the City — as landlord — we can offer a flexible alternative wherein we will pay the base amount specified above or 6.5% of gross sales in the first year (whichever is greater) and 7.5% of gross sales in the second year (whichever is greater). Thl: PAGE TO BE SIJBMITMD FOR PROPOSAL TO BE CONSIDERED 22 COMPLM AND ACCEPTABLE, �z Page 125 of 464 The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made in r. SUBMITTED TO: City of Boynton Beach Procurement Services Division 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Submitted By: Corporation x Name: Peter Torocsik - Ultimate Bakery & Caterng, Inc. Partnership Address: 11600 Poinciana Drive- Individual City, State, Zip"Royal Palm Beach, Florida 33411 Other Telephone No."561-305-8646 Fax No.: -?7 WM.aMl eRes, Past ponclent Inc. j%dress of the principal place of business is: 6 Poinciana Drive Royal Palm Beach, Florida 33411 2. If Respondent is a corporation, answer the fbilowing: a. Date of Incorporation: August 26, 2014 b. Slate of Incorporation: Florida C. Presidents name: Peter Torocsik d. Vice Presidents name: e. Secretery's name: Peter Torocsik f. Treasurees name: Peter Torocsik 9. Name and address of Resident Agent: Peter Torocsik 11600 Poincia na Dr. 3. If Respondent is an individual or a partnership, answer the following: Royal Palm Beach, Florida 33411 a. Date of organkation: 23 City of Boynton Beach 061-2910-15/JMA TIS' E TO 61 SIHIMITTED FOR PROPOSAL TO BEC IR COMPLETE AND ACCEPTABLE. rtFII- = �m Page 126 of 464 C b. Name, address and ownership units of all partners: C. State whether general or limited partnership: 4. If Respondent is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Respondent is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. Peter's Snacks 6. How many years has your organization been in business under its present business name? One year for this corporation, corporation successor to previous businesses operated by same owner for over 35 ye@rs.. Under what other former names has your organization operated? 7. Indicate registration, license numbers.or certificate numbers for the businesses or professions, which are the subject of this RFQ. Please attach certificate of competency and/or state registration. 8. Have you personally inspected the site of the Links Restaurant? YES [ 7X 9. List the pertinent experience of the key individuals of your organization (continue on insert sheet If necessary) Please see resum6 included in Proposal COMPLETE AND ACCEPTABLE. zmp�- 717, Clfl M, Page 127 of 464 10. State the name of the individual who will have personal supervision of the work: Peter Torocsik 11. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Respondenfs business and indicate the percentage owned of each such business andtor individual: 12. State then addresses, and the type of business of all firms that are partially or wholly owned by Respondent 13. List and describe all bankruptcy petitions (voluntary or Involuntary) which have been filed by or against the Respondent, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. 14. List all claims, arbitrations,administrativ i a hearings and lawsuits brought by or against the Respondent or Its predecessor n° tions) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 25 City of Boynton Beach 061-2910-15/JMA THIS PACE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE, �N Page 128 of 464 IS. List and describe all criminal proceedings or hearings concerning business related offenses to which the Respondent, its principals or officers or predecessors' orN+ ne 16. Has the Respondent, its principals, officers or predecessors' organization(s) been CONACTED OF a Public Entity Crime, debarred or suopended from bidding by any government during the last five (5) years? If so. provide details, No tea ninate the award and/or contract. -o (Si (Title - President/Owner Subscribed and sworn t before me Thi�day of 2015 Samuel Henry lic dryublic (Sign NoWy Pub if; State Of FIOHda My Commission Expires: 2E2 MY Commission EXPir@S 03/31/2017 GgmMission No, FF w Im" 'nar,41glatulgi COMPLUE AND ACCEPrABLE. ITI M. Page 129 of 464 M, Page 130 of 464 M Cany Name: OMof Miami I Fax: E-Mall: 305-416-1917 ztl�z", T 5 Company Name: City of Fort Lauderdale %nta% Name: an anganguan — Police Dept. Staff Support Supervisor - 0r Fax: ? EA E-Mail: T 4i96-5038 77 W Company Name: K Village of Royal Palm Beach �Dnl Nare: ou Tecc o — Parks, Recreation & Golf Director Phone: Fax E-Mall: 561-790-5124 Mill, m a ame: 1 0 iaml IM I • M, Page 130 of 464 STATE OF FLORIDA Sworn and subscribed before me this 2.1-4 V': day of 20 i6 Peter Torocsik MEMEN-11 President/owner TITLE TARY PUBLIC, e F; Aa It'll COMPLETE AND ACCEPTABLE � � 'F 1 IEWW'1'MAftValumm" WV9hTj1:7-1j',R El Page 131 0 464 state of Florida Peter Torocsi k - + M 1) He/She is P resident/owner of Ultimate BakerV &Pastry, Inc. thequalifier (Title) (Name of Corporation or Firm) that has submitted the attached RFP: 2) He/She is fully Informed respecting Ow preparation and contents of the attached submW, and of all pertinent circumstances respecting. such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 5) 7be 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 qualifier or any of its agents, representatives, owners, employees, or parties rest, in u ing this affi t. (Signed)_ (TMe)±resIdent/Owner COMPLEM AND ACCEPrABLE R-1 M CE Page 132 of 464 !X�. -7, -.- I& TL =ST 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. �s your company a Minority Owned Business ? x Yes No If Yes, please indicate by an 'X" in the appropriate bor. AMERICAN INDIAN ASIAN O BLACK HISPANIC WOMEN OTHER (Spacffy) (X) NOTAPPLICA BLE Do you possess a Certification qualilying your business as a Minority Owned Business? YES NO X If YES, Name the Organization ftm which this oeffmation was obtained and date: Issuing Organization for Certification THIS PAGE TO BE SUBMITTED WITH PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE CITY OF BOYNTON MOWN RFP NaL: 061-2910-15/JMA -Iaaz2E�, W �E Page 133 of 464 •, 412111zi IDENTICAL TIE SUBMITMLS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any polifical subdivision for the procurement of commodities or contractual services, a submittal 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 tle submittals will be 61lowed If none of the fled Vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement noWng 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 submittal 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 submittal, the employee Will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nold contandere 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 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 ce complies Luffy with the above requirements. 7= Vendoes Signature THIS PAGE TO BE SUBMITTED WITH PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE CITY OF BOYNTON BEACH RFP No.: 081-2910-ISIJMA 31 E-1 Page 134 of 464 - r t I 1117MV-1 0 11 E:x flI I I Wq� a 6W 11 10114 V 1 4 NANOWWW11i 11 All to 101 0 1 11 1 jtj 4 #1 1 0 J�zx; 11 aim 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 vf -1TQ "-g6"Q&"T UbQ'"'VT termination. ,0101 � k REM fel.-A 1717 1 B Title: President/owner Date: August 24, 2015 THIS PAGE TO BE SUBMITIED WITH PROPOSAL TO BE CONSIDERE1 COMPLETE AND ACCEPTABLE CITY OF BOYMN BEACH AFP No.: 061-2910-11WIVIA 32 �E Page 135 of 464 6. H. CONSENT AGENDA 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: Approve the purchase of three (3) Thermal Imager Cameras from Municipal Equipment Company of Orlando, FL, by utilizing Lake County Contract 12-0806M for an estimated total cost of $29,198.55. EXPLANATION OF REQUEST: Lake County Contract 12-0806M - Expires June 30, 2016 A Thermal Imager Camera is a vital piece of firefighting equipment that allows crews to find victims faster, thus improving chances of victim survival. Our current Thermal Imager Camera has been discontinued and replacement parts, batteries and chargers are no longer available. Lake County complied with Public Bid requirements that satisfies the City of Boynton Beach Public Bid requirements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? BBFRD has identified key pieces of equipment that has reached its end of service life. Our current Thermal Imager Camera is one of these pieces of equipment. The purchase of this equipment will allow us to start the replacement and upgrade of vital tools thus preventing loss of life. FISCAL IMPACT: Budgeted Funds were approved in the 15/16 budget for the replacement equipment in account 001-2210-522-64-02. ALTERNATIVES: The City issue its own bid for the equipment, staff recommends utilizing the Lake County, FL contract. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 136 of 464 ATTACHMENTS: Type D Addendum D Addendum D Attachment REVIEWERS: Department Reviewer Fire Carter, Ray Finance Howard, Tim Fire Carter, Ray Finance Howard, Tim Fire Carter, Ray Finance Howard, Tim Legal Cherof, Jim City Manager LaVerriere, Lori Description TIC Price Quote Lake County Contract Lake County Bid Documents Action Date Approved 8/19/2015 - 8:09 AM Rejected 8/25/2015 - 6:30 AM Approved 8/25/2015 - 7:29 AM Rejected 8/28/2015 - 4:45 IIIA Approved 9/24/2015 - 9:49 AM Approved 9/28/2015 - 2:34 PM Approved 9/29/2015 - 12:14 IIIA Approved 9/30/2015 - 4:38 IIIA Page 137 of 464 MLJNIC3PAL, Municipal Equipment Company, LLC 2049 West Central Boulevard, Orlando, FL 32805 Phone: (800) 228-8448 Fax: (877) 775-2448 sales@mecofire.com #Vurnlier ; 073904 date 09/18/2015 I of I Ship -to: TEMP Bill -to: 2260 BOYNTON BEACH FIRE STATION 5 CITY OF BOYNTON BEACH 2080 HIGH RIDGE ROAD SENT VIA EMAIL BOYNTON BEACH, FL 33426 P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 i `Reference # ` Expires Sisp Terms Freight # Ship Ur"a„ l - 11/18/15 85 JOE FOX NET 10 DAYS 01 PREPAID FEDX Quoted By, DW ( tooted Tri , CHIEF HOGGATT ItemDescription Ordered UM I Price UM Extension ECLIPSE PACKAGE BULLARD ECLIPSE PACKAGE TO 3 EA 9732.85 EA 29198.55 INCLUDE THE FOLLOWING: ECLLDXBUNDLE ECLIPSE LD THERMAL IMAGER (METALLIC BLUE) AND ECLIPSE POWERHOUSE BUNDLE ECL320X ECLIPSE LDX UPGRADE TO TO 320 X 240 HIGHER RESOLUTION ECLSRH ECLIPSE SUPER RED HOT COLORIZATION ECLTEMP ECLIPSE SPOT TEMPERATURE MEASUREMENT ECLETT ECLIPSE SERIES ELECTRONIC THERMAL THROTTLE j ECLRETRACT ECLIPSE RETRACTABLE LANYARD PER LAKE COUNTY CONTRACT# 12-0806M. I PRICE QUOTED INCLUDES FREIGHT 29198.55 .00 .00 THIS QUOTE IS VALID FOR 60 DAYS 29198.55 Page �I?Me464 LAKE COUNTY FLORI DA MODIFICATION OF CONTRACT 10. Distribution: Original: Bid File No. 12-0806 Cc: Vendor, Department FISCAL AND ADMINISTRATIVE SERVICES/PROCUREMENT SERVR:F.S P.O. BOX 7800.315 W. MAIN ST., TAVARES, FI, 31778 • P 352.343.9839 • F 352.343.9473 Board ofCouniT Comtoissioneis • 1v1nv.1akecoun1,I l.gov TIMOTHY 1. SULLIVAN SEAN M. PARKS. AtcpQrr 11MMY CONNER LESLIE CAMPIONE WELTON G. CADWELL District i District 2 District 3 District A District 5 Page 139 of 1. Modification No.: 5 act No.: 12-0806M Effective Date: July 1, 2015 tive Date: June 12, 2012 3. Contracting Officer: Donna Villins :—::Factor Name and Address: Tele hone Number: 352 343-9765 ipal Equipment Company, LLC 4. Issued By: 2049 W. Central Blvd. Procurement Services Orlando FL 32805 Lake County Administration Building Attn: Dale West 315 W. Main St., Suite 441 Tavares, Florida 32778-7800 6. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written modification and return this form to addressShown in Block 4 within ten (10)days after receipt preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, which was reviousl provided. 7. DESCRIPTION OF MODIFICATION: Contract modification to extend contract at current pricing discounts, terms and conditions, for twelve (12) additional months, expiring June 30, 2016. 8. Contra tor'sjf�� �f//u��ze E UIRED Name: GG�7, 9. Lake County, Florida Title: LJ C C Senior Contracting Officer Date: 2% 2 5�/1 2– 2 - Date 10. Distribution: Original: Bid File No. 12-0806 Cc: Vendor, Department FISCAL AND ADMINISTRATIVE SERVICES/PROCUREMENT SERVR:F.S P.O. BOX 7800.315 W. MAIN ST., TAVARES, FI, 31778 • P 352.343.9839 • F 352.343.9473 Board ofCouniT Comtoissioneis • 1v1nv.1akecoun1,I l.gov TIMOTHY 1. SULLIVAN SEAN M. PARKS. AtcpQrr 11MMY CONNER LESLIE CAMPIONE WELTON G. CADWELL District i District 2 District 3 District A District 5 Page 139 of 4 �11;W!4'oxv LAKE COUNTY rt 0 R1 uA CONTRACT NO. 12-08061` For Fire Equipment and Supplies LAKE COUNTY, FLORIDA, apolitical subdivision of the state of Florida, its successors and assigns through its Board of County Commissioners (hereinafter "County") does hereby accept, with noted modifications, if any, the Bid of Municipal Equipment Co., LLC (hereinafter "Contractor") to supply Fire Equipment and Supplies to the County pursuant to County Proposal Number 12-0806 (hereinafter "ITB"), -closing dated March 21, 2012 and Contractor's March 14, 2012 ITB response thereto with all County ITB provisions governing. Special Clauses: Public Records All electronic files, audio and/or video recordings, and all papers pertaining to any activity performed by the CONTRACTOR for or on behalf of the COUNTY shall be the property of the COUNTY and will be turned over to the COUNTY upon request. In accordance with Chapter 119, Florida Statutes, each file and all papers pertaining to any activities performed for or on behalf of the COUNTY are public records available for inspection by any person even if the file or paper resides In the CONTRACTOR's office or facility, The CONTRACTOR shall maintain the files and papers for not less than three (3) complete calendar years after the project has been completed or terminated, or in accordance with any grant requirements, whichever is longer. Prior to the close out of the Contract, the CONTRACTOR shall appoint a records custodian to handle any records request and provide the custodian's name and telephone number(s) to the COUNTY_ Prohibition against Contingent Fees The CONTRACTOR warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR to solicit or secure this Contract and that they have not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Contract. This Contract shall be binding upon and shall inure to the benefit of each of the parties and of their respective successors and permitted assigns_ This Contract may not be amended, released, discharged, rescinded or abandoned, except by written instrument duly:executed by each of the parties hereto. The failure of any party hereto at any time to enforce any of the provisions of this Contract will in no way constitute or be construed as a waiver of such provision or of any other provision hereof, nor in any way affect the validity of, or the right thereafter to enforce, each and every provision of this Contract. During the term of this Contract the CONTRACTOR assures the COUNTY that it is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992, in that the CONTRACTOR does not on the grounds of race, color, national origin, religion, sex, age, disability or marital status, discrimination in any form or manner against the CONTRACTOR employees or applicants for employment. The CONTRACTOR understands and agrees that this Contract is conditioned upon the veracity of this statement of assurance. A copy of the Contractor's signed Proposal is attached hereto and incorporated herein, thus making it a part of this Contract except that any items not awarded have been struck through. The attachments noted below (if any) are attached hereto and are also made a part of this Contract. Page 140 of 464 IDA INVITATION TO BID (ITB) FIRE EQUIPMENT AND SUPPLIES ITB Number: 12-0806 Contracting Officer Roseann Johnson Bid Due Date: March 21, 2012 Pre -Bid Conf. Date: Not applicable Bid Due Time: 3:00 pm ITB Issue Date: February 16, 2012 SECTION l: Special Terms and Conditions I Pages 2-16 SECTION 2: Statement of Work Pages 17-18 SECTION 3: General Terms and Conditions Pagesl9-22 SECTION 4: Pricing/Certifications/Signatures Pages 23-91 SECTION 5: Attachments j Pages 92-93 Proposal and/or Performance Bond: I Not applicable to this ITB Certificate of Competency/License: Not applicable to this ITB Indemnification/Insurance: See Section 1.8 Pre -Bid Conference/Walk-Thru: Not applicable to this ITB At the date and time specified above, all bids that have been received in a timely manner will be opened, recorded, and accepted for consideration. The names of the bidders submitting bids will be read aloud and recorded. The bids will be available for inspection during normal business hours in the Office of Procurement Services thirty (30) calendar days after the official bid due date. When counter- signed by an authorized County representative, this document and any specifically identified attachments may form the contract document binding the parties to all performance specified herein. Vendors shall complete and return the entirety of this ITB Document, and attach all other information requested in this ITB document (See Provision 1.13). Failure to sign the bid response, or to submit the bid response by the specified time and date, may be cause for rejection of the bid. NO -RESPONSE REPLY If any vendor does not want to respond to this solicitation at this time, or, would like to be removed from Lake County's Vendor List, please mark the appropriate space, complete name below and return this page only. ❑ Not interested at this time; keep our firm on Lake County's Vendors List for future solicitations for this product / service ❑ Please remove our firm from Lake County's Vendor's List for this product / service. Company Name: E-mail Address: VENDOR IDENTIFICATION 1 Phone Number: Contact Person: Page 141 of 464 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number: 12-0806 Section 1.1: Purpose The purpose of this solicitation is to establish a term and supply contract for the purchase of equipment, supplies and services as needed for the Department of Public Safety, Fire Services Division and the Fleet Division in conjunction with the County's needs. This is an indefinite quantity contract with no guarantee goods or services will be required. The County does not guarantee a minimum or maximum dollar amount to be expended on any contract(s) resulting from this Invitation to Bid. Section 1.2: Designated Procurement Representative Questions concerning any portion of this solicitation shall be directed in writing [fax and e-mail accepted] to the below named individual who shall be the official point of contact for this solicitation. To ensure reply, questions should be submitted no later than five (5) working days before the bid due date. Roseann Johnson, CPPB, Senior Contracting Officer Lake County BCC Office of Procurement Services 315 W. Main Street, Room 441 PO BOX 7800 Tavares, FL 32778-7800 Phone :352.343.9839 Fax :352.343.9473 E-mail: rjohnson@lakecountyfl.gov No answers given in response to questions submitted shall be binding upon this solicitation unless released in writing as an addendum to the solicitation by the Lake County Office of Procurement Services. Section 1.3: Method of Award in the County's Best Interests As the best interest of the County may require, the County reserves the right to make award(s) by individual item, group of items, all or none, or a combination thereof, with one or more suppliers; to reject any and all offers or waive any minor irregularity or technicality in bids received. A primary, secondary and third vendor may be awarded contracts per line item. The Department of Public Safety may require special quotes and contact all vendors under contract if discounts and pricing structures are equal or if stocking issues are concerns. Section 1.4: Pre -Bid Conference / Site Visits Not applicable to this solicitation 2 Page 142 of 464 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number: 12-0806 Section 1.5: Term of Contract — Twelve (12) Months This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, or designee, unless otherwise stipulated in the Notice of Award Letter distributed by the County's Office of Procurement Services; and contingent upon the completion and submittal of all required pre -award documents. The initial contract term shall remain in effect for twelve (12) months, and then the contract will remain in effect until completion of the expressed and/or implied warranty period. The contract prices resultant from this solicitation shall prevail for the full duration of the initial contract term unless otherwise indicated elsewhere in this document. Section 1.6: Option to Renew for four (4) Additional One (1) Year Period(s) (With Manufacturers Price Adjustment) Prior to, or upon completion, of the initial term of the contract, the County shall have the option to renew this contract for four (4) additional one (1) year period(s). Prior to completion of each exercised contract term, the County will consider adjustment to price based on an applicable Manufacturers Price Increase evidenced by appropriate manufacturer documentation submitted to the County by the vendor in a timely manner. It is the vendor's responsibility to request any pricing adjustment in writing under this provision. For any adjustment to commence on the first day of any exercised option period, the vendor's written request for adjustment shall be submitted prior to expiration of the then current contract term. The vendor adjustment request must clearly substantiate the requested increase. If no written adjustment request is received from the vendor, the County will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period shall not be considered. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a County prerogative, and not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the County. Section 1.7: Method of Payment - Periodic Invoices For Completed Purchases The vendor(s) shall submit invoices to the County user department(s) after each individual purchase has been completed. In addition to the general invoice requirements set forth below, the invoices shall reference, as applicable, the corresponding delivery ticket number, packing slip number, or other acceptance document that was signed by an authorized representative of the County user department at the time the items were delivered and accepted. Submittal of these periodic invoices shall not exceed thirty (30) calendar days from the delivery of the goods or services. Under no circumstances shall the invoices be submitted to the County in advance of the delivery and acceptance of the items. All invoices shall contain the contract and/or purchase order number, date and location of delivery or service, and confirmation of acceptance of the goods or services by the appropriate County representative. Failure to submit invoices in the prescribed manner will delay payment, Page 143 of 464 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number: 12-0806 and the vendor may be considered in default of contract and its contract may be terminated. Payments shall be tendered in accordance with the Florida Prompt Payment Act, Part VII, Chapter 218, Florida Statutes. Section 1.8: Insurance Each vendor shall include in its solicitation response package proof of insurance capabilities, including but not limited to, the following requirements: [This does not mean that the vendor must have the coverage prior to submittal, but, that the coverage must be in effect prior to a purchase order or contract being executed by the County.] An original certificate of insurance, indicating that the awarded vendor has coverage in accordance with the requirements of this section, shall be furnished by the vendor to the Contracting Officer within five (5) working days of such request and must be received and accepted by the County prior to contract execution and/or before any work begins. The vendor shall provide and maintain at all times during the term of any contract, without cost or expense to the County, policies of insurance, with a company or companies authorized to do business in the State of Florida, and which are acceptable to the County, insuring the vendor against any and all claims, demands or causes of action whatsoever, for injuries received or damage to property relating to the performance of duties, services and/or obligations of the vendor under the terms and provisions of the contract. The vendor is responsible for timely provision of certificate(s) of insurance to the County at the certificate holder address evidencing conformance with the contract requirements at all times throughout the term of the contract. Such policies of insurance, and confirming certificates of insurance, shall insure the vendor is in accordance with the following minimum limits: General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: Each Occurrence/General Aggregate Products -Completed Operations Personal & Adv. Injury Fire Damage Medical Expense Contractual Liability $1,000,000/2,000,000 $2,000,000 $1,000,000 $50,000 $5,000 Included Automobile liability insurance, including owned, non -owned, and hired autos with the following minimum limits and coverage: Combined Single Limit $1,000,000 Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 440, Florida Statutes, and/or any other applicable law M Page 144 of 464 SECTION I — SPECIAL TERMS AND CONDITIONS ITB Number: 12-0806 requiring workers' compensation (Federal, maritime, etc). If not required by law to maintain workers compensation insurance, the vendor must provide a notarized statement that if he or she is injured; he or she will not hold the County responsible for any payment or compensation. Employers Liability insurance with the following minimum limits and coverage: Each Accident $1,000,000 Disease -Each Employee $1,000,000 Disease -Policy Limit $1,000,000 Professional liability and/or specialty insurance (medical malpractice, engineers, architect, consultant, environmental, pollution, errors and omissions, etc.) insurance as applicable, with minimum limits of $1,000,000 and annual aggregate of $2,000,000. The following additional coverage must be provided if a dollar value is inserted below: Loss of Use at coverage value: $ Garage Keepers Liability at coverage value: $ Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, shall be named as additional insured as their interest may appear on all applicable liability insurance policies. The certificate(s) of insurance shall provide for a minimum of thirty (30) days prior written notice to the County of any change, cancellation, or nonrenewal of the provided insurance. It is the vendor's specific responsibility to ensure that any such notice is provided within the stated timeframe to the certificate holder. If it is not possible for the Vendor to certify compliance, on the certificate of insurance, with all of the above requirements, then the Vendor is required to provide a copy of the actual policy endorsement(s) providing the required coverage and notification provisions. Certificate(s) of insurance shall identify the applicable solicitation (ITB/RFP/RFQ) number in the Description of Operations section of the Certificate. Certificate holder shall be: LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS. P.O. BOX 7800 TAVARES, FL 32778-7800 Certificates of insurance shall evidence a waiver of subrogation in favor of the County, that coverage shall be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium payment by the County. k, Page 145 of 464 SECTION I — SPECIAL TERMS AND CONDITIONS ITB Number: 12-0806 The Vendor shall be responsible for subcontractors and their insurance. Subcontractors are to provide certificates of insurance to the prime vendor evidencing coverage and terms in accordance with the Vendor's requirements. All self-insured retentions shall appear on the certificate(s) and shall be subject to approval by the County. At the option of the County, the insurer shall reduce or eliminate such self-insured retentions or the vendor or subcontractor shall be required to procure a bond guaranteeing payment of losses and related claims expenses. The County shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible or self-insured retention in any insurance policy. The payment of such deductible or self-insured retention shall be the sole responsibility of the vendor and/or sub contractor providing such insurance. Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and may result in termination of the contract for default. Neither approval by the County of any insurance supplied by the vendor or Subcontractor(s), nor a failure to disapprove that insurance, shall relieve the vendor or Subcontractor(s) of full responsibility for liability, damages, and accidents as set forth herein. Section 1.9: Bonding Requirements Not applicable to this solicitation Section 1.10: Completion of Work From Date Of Purchase Order The vendor shall state in its offer the number of calendar days from the date of the purchase order in which it will guarantee to complete the work. Time for completion may be considered a factor in determining the successful vendor if so stipulated in Section 1.3 entitled "Method of Award". Deliveries shall be made within ten (10) working days on orders for stock. Deliveries for emergency orders shall be within forty-eight (48) hours. No stock deliveries will be accepted on Saturdays, Sundays, or County Holidays. All work shall be performed in accordance with good commercial practice. The work schedule and completion dates shall be adhered to by the vendor(s), except in such cases where the completion date will be delayed due to acts of God, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the County of the delays in advance of the original completion so that a revised delivery schedule can be appropriately considered by the County. Should the vendor(s) to whom the contract(s) is awarded fail to complete the work within the number of days stated in its offer, or the "not -to -exceed" timeframe cited above, it is hereby agreed and understood that the County reserves the authority to cancel the contract with the vendor and to secure the services of another vendor to complete the work. If the County exercises this authority, the County shall be responsible for reimbursing the vendor for work which was completed and found acceptable to the County in accordance with the contract D Page 146 of 464 SECTION I — SPECIAL TERMS AND CONDITIONS ITB Number: 12-0806 specifications. The County may, at its option, demand payment from the vendor, through an invoice or credit memo, for any additional costs over and beyond the original contract price which were incurred by the County as a result of having to secure the services of another vendor. If the incumbent vendor fails to honor this invoice or credit memo, the County may terminate the contract for default. Section 1.10.1: Shipping Terms, F.O.B. Destination- Inside Delivery The F.O.B. point for any product ordered as a result of this solicitation shall be F.O.B.: DESTINATION — INSIDE DELIVERY. The title for each item will pass from the contractor to the County only after the County receives AND accepts each item. Delivery will not be complete until the County has accepted each item. Delivery to a common carrier shall not constitute delivery to the County. Any transportation dispute shall be between the contractor and the carrier. The County will not consider any bid or proposal showing a F.O.B. point other than F.O.B.: Destination — Inside Delivery. Section 1.11: Acceptance of Goods or Services The product(s) delivered as a result of an award from this solicitation shall remain the property of the contractor, and services rendered under the contract will not be deemed complete, until a physical inspection and actual usage of the product(s) and/or service(s) is (are) accepted by the County and shall be in compliance with the terms herein, fully in accord with the specifications and of the highest quality. Any goods and/or services purchased as a result of this solicitation and/or contract may be tested/inspected for compliance with specifications. In the event that any aspect of the goods or services provided is found to be defective or does not conform to the specifications, the County reserves the right to terminate the contract or initiate corrective action on the part of the vendor, to include return of any non-compliant goods to the vendor at the vendor's expense, requiring the vendor to either provide a direct replacement for the item, or a full credit for the returned item. The vendor shall not assess any additional charge(s) for any conforming action taken by the County under this clause. The County will not be responsible to pay for any product or service that does not conform to the contract specifications. In addition, any defective product or service or any product or service not delivered or performed by the date specified in the purchase order or contract, may be procured by the County on the open market, and any increase in cost may be charged against the awarded contractor. Any cost incurred by the County in any re -procurement plus any increased product or service cost shall be withheld from any monies owed to the contractor by the County for any contract or financial obligation. Section 1.11.1: Deficiencies in Work to be Corrected by the Vendor The vendor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any work that fails to conform to the contract documents regardless of project completion status. All corrections shall be made within ten (10) calendar days after such rejected defects, 7 Page 147 of 464 SECTION I — SPECIAL TERMS AND CONDITIONS ITB Number: 12-0806 deficiencies, and/or non -conformances are verbally reported to the vendor by the County's project administrator, who may confirm all such verbal reports in writing. The vendor shall bear all costs of correcting such rejected work. If the vendor fails to correct the work within the period specified, the County may, at its discretion, notify the vendor, in writing, that the vendor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the County within ten (10) calendar days of receipt of the notice. If the vendor fails to correct the work within the period specified in the notice, the County shall place the vendor in default, obtain the services of another vendor to correct the deficiencies, and charge the incumbent vendor for these costs, either through a deduction from the final payment owed to the vendor or through invoicing. If the vendor fails to honor this invoice or credit memo, the County may terminate the contract for default. Section 1.12: Warranty The vendor agrees that, unless expressly stated otherwise in the bid or proposal, the product and/or service furnished as a result of an award from this solicitation shall be covered by the most favorable commercial warranty the vendor gives to any customer for comparable quantities of products and/or services and the rights and remedies provided herein are in addition to said warranty and do not limit any right afforded to the County by any other provision of this solicitation. The vendor hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the vendor in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose. Section 1.13 Deliveries and Completion of Solicitation Response Section 1.13.1: Delivery of Solicitation Response Unless a package is delivered by the vendor in person, all incoming mail from the U.S. Postal Service and any package delivered by a third party delivery organization (FedEx, UPS, DHL, private courier, etc.) will be opened for security and contamination inspection by the Lake County Clerk of the Circuit Court Mail Receiving Center in an off-site secure controlled facility prior to delivery to any Lake County Government facility, which includes the Lake County Office of Procurement Services. To be considered for award, a bid or proposal must be received and accepted in the Office of Procurement Services prior to the date and time established within the solicitation. A response will not be considered for award if received in the Office of Procurement Services after the official due date and time regardless of when or how it was received by the Lake County Clerk of Court Mail Receiving Center. Allow sufficient time for transportation and inspection. Each package shall be clearly marked with the applicable solicitation number, title, and company name. Ensure that your bid or proposal is securely sealed in an opaque envelope/package to provide confidentiality of the bid or proposal prior to the due date stated in the solicitation. Page 148 of 464 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number: 12-0806 If you plan on submitting your bid or proposal IN PERSON, please bring it to: LAKE COUNTY PROCUREMENT SERVICES 315 W. MAIN STREET 4TH FLOOR, ROOM 441 TAVARES, FLORIDA If you submit your bid or proposal by the UNITED STATES POSTAL SERVICE (USPS), please mail it to: LAKE COUNTY PROCUREMENT SERVICES PO BOX 7800 TAVARES, FL 32778-7800 If you submit your bid or proposal by a THIRD PARTY CARRIER such as FedEx, UPS, or a private courier, please send it to: LAKE COUNTY PROCUREMENT SERVICES MAIL RECEIVING CENTER 32400 COUNTY ROAD 473 LEESBURG, FL 34788 Facsimile (fax) or electronic submissions (e-mail) will not be accepted. Section 1.13.2: Completion Requirements for Invitation to Bid Two (2) signed original bids and three (3) complete copies of the bid submitted by the vendor shall be sealed and delivered to the Office of Procurement Services no later than the official bid due date and time. Any bid received after this time will not be considered and will be returned unopened to the submitter. The County is not liable or responsible for any costs incurred by any Bidder in responding to this ITB including, without limitation, costs for product and/or service demonstrations if requested. When you submit your bid, you are making a binding offer to the County and are agreeing to all of the terms and conditions in this Invitation to Bid. Use only the form(s) provided in this document. If you make any change to the content or format of any form, the County may disqualify your offer. All information shall be legible and either written in ink or typewritten. If you make a correction or change on any document, the person signing the bid proposal must initial the change. The bid shall be manually signed in BLUE INK by an official authorized to legally bind the Bidder to its provisions. COMPLETION OF BID PACKAGE: The vendor shall complete all required entries in Section 4 of the bid form such as, but not limited to, pricing pages, signature, certifications, references, and acknowledgement of any solicitation addenda. The vendor shall submit the entire solicitation with all Section 4 entries completed in the number of copies specified to the address specified in this solicitation. The vendor shall also submit any supporting documents (to include 9 Page 149 of 464 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number: 12-0806 proof of insurability and provision of bid bonds as required), samples, and/or descriptive literature required by any of the provisions in Section 2 of the solicitation in a separate sealed envelope / package marked "Literature for Bid (Number)." Do not indicate bid prices on literature. Specific Completion Directions: )o� Pricing shall be completed as directed within Section 4. )o� Initial and date in BLUE INK the appropriate space(s) for each addendum you received for this ITB. Insert any prompt payment discount that you will offer. Note payment is NET 30 DAYS otherwise. )o� Complete all certifications included within Section 4 of the solicitation. Complete the reference information sheets (include at least three references) contained within the solicitation. )o� Complete the vendor information, and sign the bid (IN BLUE INK) in the spaces provided in Section 4 of the solicitation. If insurance is required, submit either a certificate of insurance, or evidence of insurability, that is in compliance with the stated insurance requirements. Section 1.14: Availability of Contract to Other County Departments Although this solicitation is specific to a County Department, it is hereby agreed and understood that any County department or agency may avail itself of this contract and purchase any and all items specified herein from the vendor(s) at the contract price(s) established herein. Under these circumstances, a contract modification shall be issued by the County identifying the requirements of the additional County department(s). Section 1.15: Business Hours of Operations No work shall be done on Saturday, Sunday, or on any days between the hours of 5:01 P.M. and 7:59 A.M. except when such work is necessary for the proper care and protection of the work already performed, and when permission to do such work is secured from the County Department representative. No overtime work shall be started without prior approval of the immediate project manager or his/her designated representative. Section 1.16: Compliance with Federal Standards All items to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). 10 Page 150 of 464 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number: 12-0806 Section 1.17: Demonstration of Equipment May Be Required During Evaluation After receipt of offers by the County, the vendors may be required to demonstrate their specifically offered equipment to cognizant County personnel, at no separate cost. The purpose of this demonstration is to observe the equipment in an operational environment and to verify its capability, suitability, and adaptability in conjunction with the performance requirements stipulated in this solicitation. If a demonstration is required, the County will notify the vendor of such in writing and will specify the date, time and location of the demonstration. If the vendor fails to perform the demonstration on the specified date stipulated in the notice, the County may elect to reject that vendor's offer, or to re -schedule the demonstration, whichever action is determined to be in the best interests of the County. The County shall be the sole judge of the acceptability of the equipment in conformance with the specifications and its decision shall be final. The equipment used for the demonstration shall be the same as the manufacturer's model identified in the vendor's offer. Accordingly, the equipment used in the demonstration shall create an express warranty that the actual equipment to be provided by the vendor during the contract period shall conform to the equipment used in the demonstration. The vendor shall be required to provide adequate restitution to the County, in the manner prescribed by the County, if this warranty is violated during the term of the contract. Section 1.18: "Equal" Product Can be Considered If a product or service requested by this ITB has been identified in the specifications by a brand name, and has not been notated as a "No Substitute" item, such identification is intended to be descriptive and not restrictive, and is to indicate the quality and characteristics of product or service that will be acceptable. Vendors offering an alternate product will be considered for award if such product is clearly identified in the bid or proposal and is determined by the County to fully meet the salient characteristic requirements listed in the specifications. An alternate product will not be considered for any item notated "No Substitute". Unless the vendor clearly indicates in its bid or proposal that it is proposing an alternate product, the bid or proposal shall be considered as offering the same brand name referenced in the specifications. If the vendor proposes to furnish an alternate product or service, the brand name of the product or service to be furnished shall be clearly identified. The evaluation of the bid or proposal and the determination as to acceptability of the alternate product or service shall be the responsibility of the County and will be based upon information furnished by the vendor. The County will not be responsible for locating or securing any information which is not included in the bid or proposal. To ensure that sufficient information is available, the vendor shall furnish as part of the bid or proposal all descriptive material necessary for the County to determine whether the product offered meets the salient characteristics required by the specifications. Failure to do so may be considered a material deviation supportive of rejection of the bid. 11 Page 151 of 464 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number: 12-0806 Section 1.19: Furnish and Install Requirements The specifications and/or statement of work contained within this solicitation describe the various functions and classes of work required as necessary for the completion of the project. Any omissions of inherent technical functions or classes of work within the specifications and/or statement of work shall not relieve the bidder from furnishing, installing or performing such work where required for the satisfactory completion of the project. The vendor shall also be required to provide adequate general user training to County personnel on the appropriate use of the materials or products as and if necessary. Section 1.20: Labor, Materials, and Equipment Shall be Supplied by the Vendor Unless otherwise stated in this solicitation the vendor shall furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the County's Project Manager. Section 1.21: Patents and Royalties A. The Contractor, without exception, shall indemnify and hold harmless the County, its employees and officers from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or un -patented invention, process or article provided by the Contractor. The Contractor has no liability when such claim is solely and exclusively due to the combination, operation, or use of any article supplied hereunder with equipment or data not supplied by the Contractor or is based solely and exclusively upon the County's alteration of the article. The County will provide prompt written notification of a claim of copyright or patent infringement. B. Further, if such a claim is made or is pending, the Contractor may, at its option and expense, procure for the County the right to continue use of, replace or modify the article to render it non -infringing. (If none of the alternatives are reasonably available, the County agrees to return the article on request to the contractor and receive full reimbursement of all monies paid to the Contractor). If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid proposal price(s) include all royalties and/or costs arising from the use of such design, device or materials in any way involved in the work. C. The Contractor will defend, at its own expense, any action brought against the County to the extent that it is based on a claim that the article supplied by the Contractor under the contract infringes a patent, industrial design, or any other similar right, and the Contractor will pay any costs and damages finally awarded against the County in any such action, where they are attributable to any such claim, but such defense and payments are conditional on the following: • the Contractor will be notified promptly in writing by the County of any notice of such claim received by the County, and 12 Page 152 of 464 SECTION I — SPECIAL TERMS AND CONDITIONS ITB Number: 12-0806 • the Contractor will have the sole control of the defense of any action or such claims, and all negotiations for its settlement or compromise. Section 1.22: Protection of Property All existing structures, utilities, services, roads, trees, shrubbery, and property in which the County has an interest shall be protected against damage or interrupted services at all times by the vendor during the term of this contract; and the vendor shall be held responsible for repairing or replacing property to the satisfaction of the County which is damaged by reason of the vendor's operation on the property. In the event the vendor fails to comply with these requirements, the County reserves the right to secure the required services and charge the costs of such services back to the vendor. Section 1.23: Public Records/ Copyrights All electronic files, audio and/or video recordings, and all papers pertaining to any activity performed by the contractor for or on behalf of the County shall be the property of the County and will be turned over to the County upon request. In accordance with Chapter 119, Florida Statutes, each file and all papers pertaining to any activities performed for or on behalf of the County are public records available for inspection by any person even if the file or paper resides in the contractor's office or facility. The vendor shall maintain the files and papers for not less than three (3) complete calendar years after the project has been completed or terminated, or in accordance with any grant requirements, whichever is longer. Prior to the close out of the contract, the contractor shall appoint a records custodian to handle any records request and provide the custodian's name and telephone number(s) to the Contracting Officer. Any copyright derived from any agreement derived from this solicitation shall belong to the author. The author and the contractor shall expressly assign to the County nonexclusive, royalty free rights to use any and all information provided by the contractor in any deliverable and/or report for the County's use which may include publishing in County documents and distribution as the County deems to be in the County's best interests. If anything included in any deliverable limits the rights of the County to use the information, the deliverable shall be considered defective and not acceptable and the contractor will not be eligible for any compensation. Section 1.24: Recycled Materials Required This solicitation calls for the purchase of items that specify and require a stated degree of recycled material content. Vendors are required to submit, with their initial offer, a written certification attesting that the products or items offered by the vendor contain the minimum percentage of post -consumer recovered material as defined by the United States Environmental Protection Agency (EPA), or, for commodities not so covered, the minimum percentage of post- consumer recovered materials established by other cognizant regulatory agencies. Recycling definitions: For purposes of this solicitation, the following definitions shall apply: 13 Page 153 of 464 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number: 12-0806 a. "Recovered Materials" shall be defined as any waste material or by-products that have been recovered or diverted from solid waste. b. "Recycled Product" shall be defined as any product which is in whole or in part composed of recovered materials. C. "Recyclable Product" shall be defined as the ability of a product and its packaging to be reused, reconditioned for use, or recycled through existing recycling collection programs. d. "Waste Reducing Products" shall be defined as any product which will result in less waste generated due to its use rather than another product designed to serve the same function with a greater waste generation rate. This shall include, but not be limited to, those products that can be reused, refilled or have a longer life expectancy and contain a lesser amount of toxic constituents. Section 1.25: Risk of Loss The vendor assumes the risk of loss of damage to the County's property during possession of such property by the vendor, and until delivery to, and acceptance of, that property to the County. The vendor shall immediately repair, replace or make good on the loss or damage without cost to the County, whether the loss or damage results from acts or omissions (negligent or not) of the vendor or a third party. The vendor shall indemnify and hold the County harmless from any and all claims, liability, losses and causes of action which may arise out of the fulfillment of this contract. The vendor shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in the name of the County when applicable, and shall pay all costs and judgments which may issue thereon. Section 1.26: Special Notice to Vendors Regarding Federal and/or State Requirements Some purchase actions may be supported in whole or in part by Federal and/or State funding. Therefore, this solicitation and any resulting contract include provisions related to various specific federal and/or state requirements. All such clauses shall be considered and treated as "flow -down" clauses that shall be considered applicable to any prime contract and any subcontract associated with performance under the contract(s) resulting from this solicitation. Detailed review of all terms and conditions included in this solicitation is strongly encouraged to ensure that full compliance with all contractual requirements is considered during the solicitation response process, and throughout performance under the contract, at prime contractor and subcontractor levels. Upon award of a contract resulting from this solicitation, the vendor shall utilize the U.S. Department of Homeland Security's E -Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of: 1. All persons employed by the vendor during the term of the contract to perform employment duties within Lake County; and 2. All persons, including subcontractors, assigned by the vendor to perform work pursuant to the contract. For any construction contract supported by state funding, the vendor shall give preference to the 14 Page 154 of 464 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number: 12-0806 employment of state residents in the performance of the work on the project if state residents have substantially equal qualifications to those of nonresidents. The term "substantially equal qualifications" refers to a situation wherein the vendor cannot make a reasonable determination that the qualifications held by one person are better than the qualifications of another person. A vendor required to employ state residents must contact the Department of Economic Opportunity to post the contractor's employment needs in the state's job bank system. Section 1.27 Catalogs The vendor shall submit two (2) copies of the current manufacturer's price list(s) and catalog(s) with the initial offer. Note: CD's and/or thumb drives are preferred. Failure to meet this requirement may result in your offer being rejected. These documents shall be in effect at the commencement of the contract and shall remain in effect for the life of the contract; unless price escalations are specifically allowable in accordance with this contract. Discounts offered will be evaluated against these price lists and catalogs in order to determine the vendor to whom award may be made pursuant to Section 1.3 herein entitled "Method of Award". Upon request, the vendor shall provide additional sets of the manufacturer's product catalogs and price lists at no additional cost to the County. Section 1.28 Hourly Rates The hourly rate quoted shall be deemed to provide full compensation to the vendor for labor, equipment use, travel time, and any other element of cost or price. This rate is assumed to be at straight -time for all labor, except as otherwise noted. The vendor shall comply with minimum wage standards, and/or any other wage standards specifically set forth in this solicitation and resultant contract, and any other applicable laws of the State of Florida. If overtime is allowable under this contract, it will be covered under a separate item in the special clauses. Section 1.29 Wage Rates Under this contract, the wage rate paid to all laborers, mechanics and apprentices employed by the vendor for the work under the contract, shall not be less than the prevailing wage rates for similar classifications of work as established by the Federal Government and enforced by the U.S. Department of Labor, Wages and Hours Division, and Florida's Minimum Wage requirements in Article X, Section 24 (f) of the Florida Constitution and enforced by the Florida Legislature by statute or the state Agency For Workforce Innovation by rule, whichever is higher. Section 1.30 Additional Brands may be Added Although this solicitation and resultant contract identifies specific brands to be purchased, it is hereby understood and agreed that additional brands for the same basic item may be added to this contract at the option of the County. If the pricing proposed by the vendor for the additional brands is considered to be fair and reasonable, then award may be made to the vendor through the issuance of a modification to the contract. 15 Page 155 of 464 SECTION 1— SPECIAL TERMS AND CONDITIONS ITB Number: 12-0806 The incumbent vendor(s) has/have no exclusive right to provide these additional brand(s). The County may determine to obtain similarly structured pricing inputs from other vendors in response to situations where incumbent vendors do not provide for fair and reasonable pricing or for other reasons at the County's sole discretion. Section 1.31 Repair and Parts Manuals to be Provided The vendor shall supply the County with a minimum of one (1) comprehensive repair and parts manual which identify the component parts, and which describe the appropriate process for repairing the equipment purchased by the County in conjunction with this solicitation. The manuals shall be supplied prior to, or upon, delivery of the equipment. Final payment shall be withheld until such time as these manuals are received by the County. Section 1.32 Rebates and Special Promotions All rebates and special promotions offered by a manufacturer during the term of the contract shall be passed on by the vendor(s) to the County. It shall be the responsibility of the vendor to notify the County of such rebates and/or special promotions during the contract period. Special promotions shall be offered by the vendor(s) to the County provided that the new price charged for the item(s) is lower than would otherwise be available through the contract. It is understood that these special promotions may be of a limited duration. At the end of such promotion, the standard contract price shall prevail. Section 1.33 Training Courses to be Provided The vendor shall provide an intensive training program to County employees regarding the use of the products or services supplied by the vendor in conjunction with this solicitation. The vendor shall bear all costs of registration fees and manuals and texts, or other instructional materials associated with the required training. Section 1.34 Training Manuals to be Provided The vendor shall supply the county with a minimum of one (1) comprehensive training manual which describe the appropriate use of the equipment purchased by the County in conjunction with this solicitation. The manuals shall be supplied prior to, or upon, delivery of the equipment. Final payment shall be withheld until such time as these manuals are received by the County. 16 Page 156 of 464 SECTION 2— STATEMENT OF WORK ITB Number: 12-0806 SCOPE OF SERVICES It is the intent of the County to establish a contract for our annual requirements for fire equipment and parts and/or services for the County's Public Safety Department, Fire Rescue Division. Used, recycled, or remanufactured parts shall be used only if the using department ordering approves such parts. Emergency/Disaster deliveries may be required during non -business hours. A contact person and telephone number shall be submitted with your bid. The successful vendor(s) must possess all special hand tools and special equipment recommended by the equipment and part manufacturer(s) to effectively and efficiently make repairs. The successful vendor(s) must abide by OSHA requirements and the staff assigned to the County's projects shall be ASE or factory certified. The vendor(s) shall be required to submit a written estimate on each prospective project under this contract before a work order for that specific project is issued. The estimate must reflect the regular hourly wages for each classification represented in this contract, and the percentage discounts or mark-ups for materials and equipment that were quoted by the vendor on its initial offer or the most current contract pricing. The estimate shall be itemized by the number of work hours per classification, and by the cost of materials and equipment. Lump sum estimates shall not be accepted. The County reserves the right to award the project based on the lowest written estimate, or to reject all estimates when such action is determined to be in the best interests of the County, and obtain the required services from another source of supply. Unless otherwise stated in this solicitation the vendor shall furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, and equipment shall be subject to the inspection and approval of the Public Safety Department. It is a vendor responsibility to ensure that the County has received the latest version of any MSDS required by 29 CFR 1910.1200 with the first shipment of any hazardous material. Also, at any time the content of an MSDS is revised, the vendor shall promptly provide a new MSDS to the County with the new information relevant to the specific material. The County's authorized representative shall generate and issue a Work Order for each project to be performed under the contract resulting from this solicitation. The Work Order shall include the location, description and plans, if necessary, covering the scope of work to be completed. The Work Order shall also include a cost estimate calculated by the County for the work listed on the Work Order. This estimate shall be based on the unit or other pricing established in the basic contract. For purposes of identification and payment, the Work Order shall be numbered and dated. The preliminary Work Order describing the description of work and cost estimates shall be issued to the vendor(s) which have been qualified to perform work under this solicitation 17 Page 157 of 464 SECTION 2— STATEMENT OF WORK ITB Number: 12-0806 and resulting contract. The vendor(s) shall be required to supply the County's authorized representative with a written price offer within a time frame specified by the County. If multiple vendors are solicited, the County shall select the lowest price offer; provided that the price does not exceed the dollar estimate calculated by the County. If a single vendor is solicited, the price offer shall be evaluated and, if appropriate, accepted; provided that the price does not exceed the dollar estimate calculated by the County. The selected vendor's name shall then be entered on the Work Order and that order will then be issued to the vendor. The Work Order shall also direct the vendor to commence work on a certain day and it shall specify the amount of time allotted for completion of work covered by the Work Order. All work covered by a Work Order shall constitute a Contract Schedule. The vendor shall be required to furnish price lists (CD's acceptable) upon request from the Public Safety Department at no charge. This price list shall provide descriptive literature, technical data and service information for items awarded. Time of delivery for these lists shall be mutually agreed upon by the vendor and the County. Delivery Site Locations: Fleet Division/Fire Rescue Vehicle Maintenance 25028 Kirkwood Avenue Astatula, FL 34705 Department of Public Safety Fire Station No. 20 37711 SR 19 Umatilla, FL 32784 Department of Public Safety 315 W Main St Suite 411 Tavares, FL 32778 A new consolidated Fleet Garage is under construction off Highway 27 in Groveland, Florida (Fleet Management, 20415 Independence Boulevard) at the Christopher Ford Industrial Park and upon completion, the above noted Fleet division facility may be moved to that location. The County has no estimated time for completion at this time. In Page 158 of 464 SECTION 3 - GENERAL TERMS AND CONDITIONS 3.1 DEFINITIONS Addenda: A written change to a solicitation. Bid: Shall refer to any offer(s) submitted in response to this Invitation to Bid. Bidder: Shall refer to anyone submitting a bid in response to an Invitation to Bid. Contract: The agreement to perform the services set forth in this solicitation. The contract will be comprised of the solicitation document signed by both parties with any addenda and other attachments specifically incorporated. Contractor: The vendor to which award has been made. County: Shall refer to Lake County, Florida. Invitation to Bid (ITB): Shall mean this solicitation document, including any and all addenda. An ITB contains well-defined terms, conditions, and specifications, and is awarded to the lowest priced responsive and responsible bidder. Modification: A written change to a contract. Responsible: Refers to a bidder that has the capacity and capability to perform the work required under an Invitation to Bid, and is otherwise eligible for award. Responsive: Refers to a bidder that has taken no exception or deviation from the terms, conditions, and specifications set forth in an Invitation to Bid. Solicitation: The written document requesting either bids or proposals from the marketplace. Vendor: A general reference to any entity responding to this solicitation or performing under any resulting contract. The County has established that the words "shall", "must', or "will" are equivalent within this ITB and indicate a mandatory requirement which shall not be waived by the County. 3.2 INSTRUCTIONS TO BIDDERS A. Bidder Qualification It is the policy of the County to encourage full and open competition among all available qualified vendors. All vendors regularly engaged in the type of work specified in the solicitation are encouraged to submit bids. To be recommended for award the County requires that vendors provide evidence of compliance with the requirements below upon request: 1. Disclosure of Employment 2. Disclosure of Ownership 3. Drug -Free Workplace 4. W-9 and 8109 Forms — The vendor must furnish these forms upon request as required by the Internal Revenue Service. 5. Social Security Number — The vendor must provide a copy of the primary owner's social security card if the social security number is being used in lieu of the Federal Identification Number (F.E.I.N.) 6. Americans with Disabilities Act (A.D.A.) 7. Conflict of hiterest 8. Debarment Disclosure Affidavit 9. Nondiscrimination 10. Family Leave 11 Antitrust Laws — By acceptance of any contract, the vendor agrees to comply with all applicable antitrust laws. B. Public Entity Crimes Pursuant to Section 287.133(2)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to 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 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. C. Request for Additional Information Any communication or inquiries, except for clarification of process or procedure already contained in the solicitation, are to be made in 19 ITB Number: 12-0806 writing to the attention of the procurement representative identified in the solicitation no later than five (5) working days prior to the bid due date. Such inquiries shall contain the requester's name, address, and telephone number. The Procurement Services Office may issue an addendum in response to any inquiry received, prior to bid opening, which changes, adds to, or clarifies the terms, provisions, or requirements of the solicitation. The bidder should not rely on any statement or explanation whether written or verbal, other than those made in this solicitation document or in any addenda issued. Where there appears to be a conflict between this solicitation and any addenda, the last addendum issued shall prevail. It is the bidder's responsibility to ensure receipt and to acknowledge all addenda and any accompanying documentation. Failure to acknowledge each addendum may prevent the bid from being considered for award D. Contents of Solicitation and Bidders' Responsibilities It is the responsibility of the bidder to become thoroughly familiar with the requirements, terms, and conditions of this solicitation. Stated unawareness of contractual terms and conditions will not be accepted as a basis for varying the requirements of the County or the amount to be paid to the vendor. E. Restricted Discussions From the date of issuance of this solicitation until final County action, vendors should not discuss the solicitation with any employee, agent, or any other representative of the County except as authorized by the designated procurement representative. The only communications that shall be considered pertinent to this solicitation are written documents from the vendor addressed to the designated procurement representative and relevant documents promulgated by the designated procurement representative. F. Change to, Withdrawal of, or Mistake in, Bid Changes to Bid - Prior to bid opening, a bidder may change its bid by submitting a new bid with notice on the firm's letterhead, signed by an authorized agent, stating that the new submittal replaces the original submittal. The new submittal shall contain all information as required for submitting the original bid. Withdrawal of Bid - A bid may be withdrawn, either physically or by written notice, at any time prior to the bid due date. If withdrawn by written notice, that notice must be addressed to, and received by, the designated procurement representative prior to the bid due date and time. A bid may also be withdrawn after expiration of the specified bid acceptance period, and prior to award, by submitting a letter to the designated procurement representative. The withdrawal letter must be on company letterhead and signed by an authorized agent of the bidder. Mistake in Bid - Any allegation of mistake in Bid shall be treated on a case-by-case basis. It is to be assumed that any alteration in bid price after receipt of bids will be exceptional in nature, and will be allowed only when substantiated by current legal precedence. G. Conflicts within the Solicitation Where there appears to be a conflict between contractual terms and conditions, the technical specifications, the pricing section, or any addendum issued, the order of precedence shall be: last addendum issued, the pricing section, the technical specifications, the special, and then general conditions. It is incumbent upon the vendor to identify such conflicts prior to the bid response date. H. Prompt Payment Terms It is the policy of the County that payment for all purchases by County agencies shall be made in a timely manner and that interest payments will be made on late payments in accordance with Part VII, Chapter 218, Florida Statutes, known as the Florida Prompt Payment Act. The bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the signature page of the solicitation. 3.3 PREPARATION OF BIDS A. The Pricing Section of this solicitation defines the goods or services to be purchased, and must be completed and submitted with the bid. Use of any other form or alteration of Page 159 of 464 SECTION 3 - GENERAL TERMS AND CONDITIONS the form may result in the rejection of the bid. B. The bid submitted must be legible, and completed using typewriter, computer or ink. Any entry change must be crossed out and initialed in ink. Failure to comply with these requirements may cause the bid to be rejected. C. An authorized agent of the bidder's firm must sign the bid. FAILURE TO SIGN THE BID MAY RENDER THE BID NON-RESPONSIVE. D. The bidder may be considered non-responsive if bids are conditioned to modifications, changes, or revisions to the terms and conditions of this solicitation. E. The bidder may submit alternate bid(s) for the same solicitation provided that such offer is allowable under the terms and conditions. The alternate bid must meet or exceed the minimum requirements and be submitted as a separate bid marked "Alternate Bid". F. When there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. G. Any bid received after the stipulated bid due date and time through no fault of the County will be considered late, and except under the most exceptional circumstances, not be considered for award. H. Unless otherwise specified in the solicitation, prices quoted shall be F.O.B. Destination. 3.4 COLLUSION Where two (2) or more related parties, as defined herein, each submit a bid for the same contract, or evidence any prior understanding, agreement, or connection in such regard, such bids shall be presumed to be collusive. Related parties shall mean bidder or principals thereof that have a direct or indirect ownership interest in another bidder for the same contract or in which a parent company or the principals thereof of one bidder have a direct or indirect ownership interest in another bidder for the same contract. Bids found to be collusive shall be rejected. Bidders which have been found to have engaged in collusion may be considered non - responsible, and may be suspended or debarred. Any contract resulting from collusive bidding may be terminated for default. 3.5 PROHIBITION AGAINST CONTINGENT FEES The vendor warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the vendor to solicit or secure the contract and that they have not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the vendor, any consideration contingent upon or resulting from the award or making of the contract. 3.6 CONTRACTING WITH COUNTY EMPLOYEES Any County employee or member of his or her immediate family seeking to contract with the County shall seek a conflict of interest opinion from the County Attorney prior to submittal of a response to contract with the County. The affected employee shall disclose the employee's assigned function within the County and interest or the interest of his or her immediate family in the proposed contract and the nature of the intended contract. 3.7 INCURRED EXPENSES This solicitation does not commit the County to award nor be responsible for any cost or expense which may be incurred by any bidder in preparing or submitting a bid, or any cost or expense incurred prior to the execution of a purchase order or contract. 3.8 COUNTY IS TAX-EXEMPT The County is generally exempt from Federal Excise Taxes and all State of Florida sales and use taxes. The County will sign an exemption certificate if submitted by the contractor. Contractors doing business with the County are not exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor shall any contractor be authorized to use any of the County's Tax Exemptions in securing such materials. 20 ITB Number: 12-0806 3.9 PROPRIETARY/CONFIDENTIAL INFORMATION Bidders are hereby notified that all information submitted as part of a bid will be available for public inspection in compliance with Chapter 119 of the Florida Statutes (the "Public Record Act."). The bidder should not submit any information which the bidder considers proprietary or confidential. The submission of any information to the County in connection with any solicitation shall be deemed conclusively to be a waiver of any protection from release of the submitted information unless such information is exempt or confidential under the Public Records Act. 3.10 CANCELLATION OF SOLICITATION The County reserves the right to cancel, in whole or in part, any Invitation to Bid when it is in the best interest of the County. 3.11 AWARD A. Unless otherwise allowed by statute or ordinance, award will be made to the lowest priced responsive and responsible bidder. The County reserves the right to reject any and all bids, to waive non -material irregularities or technicalities and to re -advertise for all or any part of this solicitation as deemed in its best interest. The County shall be the sole judge of its best interest. B. When there are multiple line items in a solicitation, the County reserves the right to award on an individual item basis, any combination of items, total low bid or in whichever manner deemed in the best interest of the County. This provision specifically supersedes any method of award criteria stated in the solicitation when such action is clearly necessary to protect the best interests of the County. C. The County reserves the right to reject any and all bids if it is determined that prices are excessive or determined to be unreasonable, or it is otherwise determined to be in the County's best interest to do so. D. The County reserves the right to negotiate prices with the low bidder, provided that the scope of work is not amended. E. Award will only be made to firms that satisfy all legal requirements to do business with the County. The County may conduct a pre -award inspection of the bidder's site or conduct a pre -award qualification meeting to determine the responsibility and capacity of the bidder to perform. Award may be predicated on compliance with and submittal of all required documents as stipulated in the solicitation. F. The bidder's performance as prime or subcontractor on previous County contracts shall be taken into account in evaluating the responsibility of a responding bidder. G. The Director of Procurement Services will decide all tie bids in consonance with current written procedure in that regard. H. A vendor wishing to protest any award decision resulting from this solicitation shall do as provided for in the County's Purchasing Procedure Manual. 3.12 GENERAL CONTRACT CONDITIONS The contract shall be binding upon and shall inure to the benefit of each of the parties and of their respective successors and permitted assigns. The contract may not be amended, released, discharged, rescinded or abandoned, except by a written instrument duly executed by each of the parties hereto. The failure of any party hereto at any time to enforce any of the provisions of the contract will in no way constitute or be construed as a waiver of such provision or of any other provision hereof, nor in any way affect the validity of, or the right thereafter to enforce, each and every provision of the contract. Any dispute arising during the course of contract performance that is not readily rectified by coordination between the vendor and the County user department shall be referred to Procurement Services office for resolution. 3.13 OTHER AGENCIES With the consent of the vendor, other agencies may make purchases in accordance with the contract. Such purchases shall be Page 160 of 464 SECTION 3 - GENERAL TERMS AND CONDITIONS governed by the same terms and conditions as stated herein with the exception of the change in agency name. 3.14 CONTRACT EXTENSION The County has the unilateral option to extend a contract for up to ninety (90) calendar days beyond the current contract period. In such event, the County will notify the vendor(s) in writing of such extensions. The contract may be extended beyond the initial ninety (90) day extension upon mutual agreement between the County and the vendor(s). Exercise of the above options requires the prior approval of the Director of Procurement Services. 3.15 WARRANTY All warranties express and implied, shall be made available to the County for goods and services covered by this solicitation. All goods furnished shall be fully guaranteed by the vendor against factory defects and workmanship. At no expense to the County, the vendor shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty period. The special conditions of the solicitation may supersede the manufacturer's standard warranty. 3.16 ESTIMATED QUANTITIES Estimated quantities or dollars are for bidder's guidance only. No guarantee is expressed or implied as to quantities or dollar value that will be used during the contract period. The County is not obligated to place any order for a given amount subsequent to the award of this solicitation. The County may use estimated quantities in the award evaluation process. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other entities that may utilize this contract. In no event shall the County be liable for payments in excess of the amount due for quantities of goods or services actually ordered. 3.17 NON -EXCLUSIVITY It is the intent of the County to enter into an agreement that will satisfy its needs as described within this solicitation. However, the County reserves the right to perform, or cause to be performed, all or any of the work and services herein described in the manner deemed to represent its best interests. In no case will the County be liable for billings in excess of the quantity of goods or services actually provided under this contract. 3.18 CONTINUATION OF WORK Any work that commences prior to, and will extend, beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the County and the vendor, continue until completion without change to the then current prices, terms and conditions. 3.19 LAWS, RULES, REGULATIONS AND LICENSES The vendor shall comply with all federal, state, and local laws and regulations applicable to provision of the goods and/or services specified in this solicitation. During the term of the contract the vendor assures that it is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992, in that the vendor does not on the grounds of race, color, national origin, religion, sex, age, disability or marital status, discrimination in any form or manner against the end/or employees or applicants for employment. The vendor understands that any contract is conditioned upon the veracity of this statement. 3.20 SUBCONTRACTING Unless otherwise stipulated herein, the vendor shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the contract for default. 3.21 ASSIGNMENT The vendor shall not assign or transfer any contract resulting from this solicitation, including any rights, title or interest therein, or its 21 ITB Number: 12-0806 power to execute such contract to any person, company or corporation without the prior written consent of the County. This provision specifically includes any acquisition or hostile takeover of the awarded vendor. Failure to comply in this regards may result in termination of the contract for default. 3.22 RESPONSIBILITIES AS EMPLOYER The employee(s) of the vendor shall be considered at all times its employee(s), and not an employee(s) or agent(s) of the County, The contractor shall provide employee(s) capable of performing the work as required. The County may require the contractor to remove any employee it deems unacceptable. All employees of the contractor may be required to wear appropriate identification. 3.23 INDEMNIFICATION To the extent permitted by law, the vendor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the vendor or its employees, agents, servants, partners, principals or subcontractors. The vendor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The vendor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the vendor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. 3.24 MODIFICATION OF CONTRACT Any contract resulting from this solicitation may be modified by mutual consent of duly authorized parties, in writing through the issuance of a modification to the contract and/or purchase order as appropriate. This presumes the modification itself is in compliance with all applicable County procedures. 3.25 TERMINATION FOR CONVENIENCE The County, at its sole discretion, reserves the right to terminate this contract upon thirty (30) days written notice. Upon receipt of such notice, the vendor shall not incur any additional costs under this contract. The County shall be liable only for reasonable costs incurred by the vendor prior to notice of termination. The County shall be the sole judge of "reasonable costs." 3.26 TERMINATION DUE TO UNAVAILABILITY OF CONTINUING FUNDING When funds are not appropriated or otherwise made available to support continuation of performance in a current or subsequent fiscal year, the contract shall be cancelled and the vendor shall be reimbursed for the reasonable value of any non-recurring costs incurred amortized in the price of the supplies or services/tasks delivered under the contract. 3.27 TERMINATION FOR DEFAULT The County reserves the right to terminate this contract, in part or in whole, or effect other appropriate remedy in the event the vendor fails to perform in accordance with the terms and conditions stated herein. The County further reserves the right to suspend or debar the vendor in accordance with the County ordinances, resolutions and/or administrative orders. The vendor will be notified by letter of the County's intent to terminate. In the event of termination for default, the County may procure the required goods and/or services from any source and use any method deemed in its best interest. All re -procurement cost shall be borne by the vendor. Page 161 of 464 SECTION 3 - GENERAL TERMS AND CONDITIONS 3.28 FRAUD AND MISREPRESENTATION Any individual, corporation or other entity that attempts to meet its contractual obligations through fraud, misrepresentation or material misstatement, may be debarred for up to five (5) years. The County as a further sanction may terminate or cancel any other contracts with such individual, corporation or entity with such vendor held responsible for all direct or indirect costs associated with termination or cancellation, including attorney's fees. 3.29 RIGHT TO AUDIT The COUNTY reserves the right to require CONTRACTOR to submit to an audit by any auditor of the COUNTY's choosing. CONTRACTOR shall provide access to all of its records which relate directly or indirectly to this Agreement at its place of business during regular business hours. CONTRACTOR shall retain all records pertaining to this Agreement and upon request make them available to the COUNTY for three (3) years following expiration of the Agreement. CONTRACTOR agrees to provide such assistance as may be necessary to facilitate the review or audit by the COUNTY to ensure compliance with applicable accounting and financial standards. Additionally, CONTRACTOR agrees to include the requirements of this provision in all contracts with subcontractors and material suppliers in connection with the work performed hereunder. If an audit inspection or examination pursuant to this section discloses overpricing or overcharges of any nature by the CONTRACTOR to the COUNTY in excess of one percent (1%) of the total contract billings, in addition to making adjustments for the overcharges, the reasonable actual cost of the COUNTY's audit shall be reimbursed to the COUNTY by the CONTRACTOR. Any adjustments and/or payments which must be made as a result of any such audit or inspection of the CONTRACTOR's invoices and/or records shall be made within a reasonable amount of time, but in no event shall the time exceed ninety (90) days, from presentation of the COUNTY's audit findings to the CONTRACTOR. 3.30 PUBLIC RECORDS/ COPYRIGHTS All electronic files, audio and/or video recordings, and all papers pertaining to any activity performed by the vendor for or on behalf of the County shall be the property of the County and will be turned over to the County upon request. In accordance with Chapter 119, Florida Statutes, each file and all papers pertaining to any activities performed for or on behalf of the County are public records available for inspection by any person even if the file or paper resides in the vendor's office or facility. The vendor shall maintain the files and papers for not less than three (3) complete calendar years after the project has been completed or terminated, or in accordance with any grant requirements, whichever is longer. Prior to the close out of the Contract, the vendor shall appoint a records custodian to handle any records request and provide the custodian's name and telephone number(s) to the County. Any copyright derived from this Agreement shall belong to the author. The author and the CONSULTANT shall expressly assign to the COUNTY nonexclusive, royalty free rights to use any and all information provided by the CONSULTANT in any deliverable and/or report for the COUNTY's use which may include publishing in COUNTY documents and distribution as the COUNTY deems to be in the COUNTY's best interests. If anything included in any deliverable limits the rights of the COUNTY to use the information, the deliverable shall be considered defective and not acceptable and the CONSULTANT will not be eligible for any compensation. 3.31 GOVERNING LAWS The interpretation, effect, and validity of any contract(s) resulting from this solicitation shall be governed by the laws and regulations of the State of Florida, and Lake County, Florida. Venue of any court action shall be in Lake County, Florida. In the event that a suit is brought for the enforcement of any term of the contract, or any right arising there from, the parties expressly waive their 22 ITB Number: 12-0806 respective rights to have such action tried by jury trial and hereby consent to the use of non -jury trial for the adjudication of such suit. 3.32 STATE REGISTRATION REQUIREMENTS Any corporation submitting a bid in response to this ITB shall either be registered or have applied for registration with the Florida Department of State in accordance with the provisions of Chapter 607, Florida Statutes. A copy of the registration/ application may be required prior to award of a contract. Any partnership submitting a bid in response to this ITB shall have complied with the applicable provisions of Chapter 620, Florida Statutes. For additional information on these requirements, please contact the Florida Secretary of State's Office, Division of Corporations, 800.755.5111 (httu://www.dos.state.fl.us). 3.33 PRIME CONTRACTOR The vendor awarded the contract shall act as the prime contractor and shall assume full responsibility for successful performance of the contract. The vendor shall be considered the sole point of contact with regard to meeting all requirements of the contract. All subcontractors will be subject to advance review by the County in regards to competency and security concerns. After the award of the contract no change in subcontractors will be made without the consent of the County. The vendor shall be responsible for all insurance, permits, licenses, and related matters for any and all subcontractors. Even if the subcontractor is self-insured, the County may require the contractor to provide any insurance certificates required by the work to be performed. 3.34 FORCE MAJEURE The parties will exercise every reasonable effort to meet their respective obligations hereunder, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with revisions to Government law or regulation, acts of nature, acts or omissions of the other parry, fires, strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause may be cause for appropriate extension of the performance period. 3.35 NO CLAIM FOR DAMAGES No claim for damages or any claim other than for an extension of time shall be made or asserted against the County because of any delays. No interruption, interference, inefficiency, suspension, or delay in the commencement or progress of the Work shall relieve the vendor of duty to perform, or give rise to any right to damages or additional compensation from the County. The vendor's sole remedy shall be the right to seek an extension to the contract time. However, this provision shall not preclude recovery of damages by the vendor for hindrances or delays due solely to fraud, bad faith, or active interference on the part of the County. 3.36 TRUTH IN NEGOTIATION CERTIFICATE For all agreements exceeding $150,000, the firm awarded the agreement may be required to execute a truth in negotiation certificate stating that the wage rates and other factual unit costs are accurate, complete and current, at the time of contracting. 3.37 GRANT FUNDING In the event any part of the contract is to be funded by federal, state, or other local agency monies, the vendor hereby agrees to comply with all requirements of the funding entity applicable to the use of the monies, including full application of requirements involving the use of minority firms, women's business enterprises, and labor surplus area firms. Vendors are advised that payments under the contract may be withheld pending completion and submission of all required forms and documents required of the vendor pursuant to the grant funding requirements. A copy of the requirements shall be supplied to the vendor by the County upon request. Page 162 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 ITB TITLE: FIRE EQUIPMENT & SUPPLIES NOTES: • Lake County is exempt from all taxes (Federal, State, Local). Pricing should be less all taxes. A Tax Exemption Certificate will be furnished upon request. • The vendor shall not alter or amend any of the information (including, but not limited to stated units of measure, item description, or quantity) stated in the Pricing Section. If any quantities are stated in the pricing section as being "estimated" quantities, vendors are advised to review the "Estimated Quantities" clause contained in Section 3 of this solicitation. • Each price offered in your bid shall be a firm -fixed price, exclusive of any tax. Any bid containing a modifying or "escalator" clause not specifically allowed for under the solicitation will not be considered. • All pricing shall be FOB Destination unless otherwise specified in this solicitation document. • All pricing submitted shall remain valid for a 90 day period. By signing and submitting a response to this solicitation, the vendor has specifically agreed to this condition. • Vendors are advised to visit our website at http://www.lakecountyf.gov and register as a potential vendor. Vendors that have registered on-line receive an e-mail notice when the County issues a solicitation matching the commodity codes selected by a vendor during the registration process. ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: Complete Part I or Part II, whichever applies The bidder must list below the dates of issue for each addendum received in connection with this ITB: Addendum 41, Dated: Addendum 42, Dated: Addendum 43, Dated: Addendum 44, Dated: ❑ No Addendum was received in connection with this ITB. 23 Page 163 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 PRICING SECTION (Note: Not in alphabetical order.) If manufacturer listed is no longer in business, please mark an X though the name of the firm. If manufacturer listed has had a name change, please cross through vendor name and write in correct name. If you represent manufacturers that are not listed, please add additional sheets. 1. 3M COMPANY Discount from current price list 2 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you Sunnlied the reauired Catalogs and List Price Sheets? I11.10=3s16110510 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 24 YES NO YES NO Page 164 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 3. ACTION Discount from current price list % Price List No. Date of Price List Warranty M 5 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? 110 V1116161 CI Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? AIM Discount from current price list % Price List No. Date of Price List Warranty 25 YES NO YES NO Page 165 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? YES NO 6. AJAX 7 Discount from current price list Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? 11 614:167►■ CH:7`.X" Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S 26 YES NO Page 166 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 8. ALLEN SYSTEMS Discount from current price list % 9 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? I1 1161601 p Y Y y Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 27 YES NO YES NO YES NO Page 167 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 10. AMEREX Discount from current price list % Price List No. Date of Price List Warranty 11 12 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? /1►5I0IN[611►■y1NDLVAIIJ W.11N Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? AMERICAN LAFRANCE Discount from current price list % Price List No. Date of Price List Warranty YES NO YES NO Page 168 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? YES NO 13. ANGUS 14. Discount from current price list Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? F.R►fY1101(17:1►% K Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S 29 YES NO Page 169 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 15. APPLECROFT Discount from current price list % 16 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? I:IfmI'll Biel w0IN9NWOR! Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 30 YES NO YES NO YES NO Page 170 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 17. BIO SYSTEMS Discount from current price list % Price List No. Date of Price List Warranty 18 19 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? I H AMy;4lei 061ell"Ill 11" OR Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? BOUTON CO Discount from current price list % Price List No. Date of Price List Warranty 31 YES NO YES NO Page 171 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? 20. BULLARD Discount from current price list % 21 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? D111,15wkm:j:t�71 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S 32 wl/� 0101 YES NO Page 172 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 22. CALIFORNIA MOUNTAIN Discount from current price list % 23 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? Dl`.IIdUK1J111Ly1IR! Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 33 YES NO YES NO YES NO Page 173 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 24. CHARKATE Discount from current price list % Price List No. Date of Price List Warranty 25 26 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? CHURCHVILLE (obsolete?) Discount from current price list % Price List No. Date of Price List Warranty 34 YES NO YES NO Page 174 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? 27. CIRCUL AIR Discount from current price list % 28 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? K6111 0. Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S 35 wl/� 0101 YES NO Page 175 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 29. COLLIN AXES Discount from current price list % 30 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? COLLINS DYNAMICS (Rom Cornoration) Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 36 YES NO YES NO YES NO Page 176 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 31. COUNCIL TOOLS Discount from current price list % Price List No. Date of Price List Warranty 32 33 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? �1111003:Xy1111"M Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? CW NEILSEN Discount from current price list % Price List No. Date of Price List Warranty 37 YES NO YES NO Page 177 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? 34 GORMAN RUPP PUMPS Discount from current price list % 35 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? 1171NpXW:VOMI Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S wl/� 0101 YES NO Page 178 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 36. DAVID CLARK Discount from current price list % 37 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? 117 aly►A I 111 I I lei 11 Vier Kiel IV! Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 39 YES NO YES NO YES NO Page 179 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 38. DICKE TOOL Discount from current price list % Price List No. Date of Price List Warranty 39 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? 11]NDA4011 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? DUO SAFETY Discount from current price list % Price List No. Date of Price List Warranty M YES NO YES NO Page 180 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? YES NO 41. EDISON 42 Discount from current price list Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? 1311Vi%1 N 17=101X41 K6105 ►lig/ 3 p Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S 41 YES NO Page 181 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 43. EDWARDS MFG Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? In06140G1NI dH.7`.XR Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 42 YES NO YES NO YES NO Page 182 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 45. ETI EMERGENCY TECHNOLOGY Discount from current price list % Price List No. Date of Price List Warranty 46 47 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? WIYNei 1XV01YBull ITii, Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? FEDERAL SIGNAL CORP Discount from current price list % Price List No. Date of Price List Warranty 43 YES NO YES NO Page 183 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? 48. FIRE HOOKS UNLIMITED Discount from current price list % 49 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? IyIN311*0 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S wl/� 0101 YES NO Page 184 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 50. FIRE POWER Discount from current price list % 51 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? FIREQUIP Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you lied the required Catalogs and List Price Sheets? 'k, YES NO YES NO YES NO Page 185 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 52. FOLD A TANK Discount from current price list % Price List No. Date of Price List Warranty 53 54. Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? elw►AY1C�]N Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? GLASSMASTER WEHR Discount from current price list % Price List No. Date of Price List Warranty .n YES NO YES NO Page 186 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? YES NO 55. GLOBE 56 Discount from current price list Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? I[�1A D[Kl] N i Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S 47 YES NO Page 187 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 57. HALE FIRE PUMPS Discount from current price list % 58 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? I/ elerMyN33W Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? YES NO YES NO YES NO Page 188 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 59. HARRINGTON Discount from current price list % Price List No. Date of Price List Warranty 60 61 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? I0EVAN N1X6010Y:Z6I Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? HEBERT Discount from current price list % Price List No. Date of Price List Warranty YES NO YES NO Page 189 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? 62. HOLMATRO Discount from current price list % 63 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? I. ULi V.1741 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S 50 wl/I 0101 YES NO Page 190 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 64. HUSKY Discount from current price list % 65 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? IIky17:7Ry11101a VC Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 51 YES NO YES NO YES NO Page 191 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 66. IMPERIAL HOSE Discount from current price list % Price List No. Date of Price List Warranty 67 68 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? IDI N [6110 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? JANESVILLE Discount from current price list % Price List No. Date of Price List Warranty 52 YES NO YES NO Page 192 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 W 70 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? UIR]0N1Yy Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) 53 wl/I 0101 YES NO Page 193 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? YES NO 71. K TOOL MFG Discount from current price list % 72 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? I"XI »p0IN Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact 54 YES NO Page 194 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 73 74 Have you pplied the required Catalogs and List Price Sheets? KENDALL PRODUCTS Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? K-4111113 C1 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 75. KOEHLER MFG CO Discount from current price list % Price List No. Date of Price List 55 YES NO YES NO YES NO Page 195 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Vro 77 Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? Ct1mXyLVA RIl Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? 'VA''/ 1 C11.7r/I y Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) 56 wl/� 0101 YES NO Page 196 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? YES NO 78. LACROSSE BOOTS Discount from current price list % 79 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? INIMMOVINW! Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact 57 YES NO Page 197 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 80 81 Have you pplied the required Catalogs and List Price Sheets? LIONS UNIFORMS Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? II[611109kRAM11N Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 82. LOWELL Discount from current price list % Price List No. Date of Price List YES NO YES NO YES NO Page 198 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 83 84. Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? I►i Exel 103 Y:i1Li I Biel K� Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? I►A Eleler1:4 y Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) 59 wl/I 0101 YES NO Page 199 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? YES NO 85. MARS SIGNAL LIGHT Discount from current price list % 86 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? I►i [41 w:Z17111Lej V Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact YES NO Page 200 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 87 88 Have you pplied the required Catalogs and List Price Sheets? MILWAUKEE STRAP Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? I►A[0 k"T.Re iww`.y01 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 89. MORNING PRIDE Discount from current price list % Price List No. Date of Price List 61 YES NO YES NO YES NO Page 201 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 oil] 91 Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? I►i fY1 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? 0.174V10BU41Ik"Toaa VC Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) 62 wl/� 0101 YES NO Page 202 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 92. NATIONAL FIRE HOSE Discount from current price list % 93 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? leuelv/1 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 63 YES NO YES NO YES NO Page 203 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 94. NUPLA Discount from current price list % Price List No. Date of Price List Warranty 95 96 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? 17T@11y10tl01W0*0 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? PARATECH Discount from current price list % Price List No. Date of Price List Warranty YES NO YES NO Page 204 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? 97. PARTNER Discount from current price list % 98 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? 17111 W6161 ►I.'/MWy I I13 0 I Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S m wl/I 0101 YES NO Page 205 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 99. PELICAN Discount from current price list % 100 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? 10016wMellwW.M1aI Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? YES NO YES NO YES NO Page 206 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 101. PHOENIX Discount from current price list % Price List No. Date of Price List Warranty 102. 103 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? PIGEON MOUNTAIN INDUSTRIES Discount from current price list % Price List No. Date of Price List Warranty 67 YES NO YES NO Page 207 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? YES NO 104. PLANO 105 Discount from current price list Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? RV -1M I'll V.11 111 k"I LOY.174 00 W Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S YES NO Page 208 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 106. RANGER RUBBER Discount from current price list % 107 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? I:7v.11a111awIN9soUli0 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? YES NO YES NO YES NO Page 209 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 108. REDHEAD BRASS Discount from current price list % Price List No. Date of Price List Warranty 109 110. Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? Ik"I3wa W.14YY0 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? RICE HYDRO CO. Discount from current price list % Price List No. Date of Price List Warranty 70 YES NO YES NO Page 210 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? YES NO 111. SCBAS 112. Discount from current price list Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? M6011WII\V//rY[QeI Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S 71 YES NO Page 211 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 113. SECURITEX Discount from current price list % 114 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? :yNeRiIHaOLVA[61110IR! Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 72 YES NO YES NO YES NO Page 212 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 115. SERVUS BOOTS Discount from current price list % Price List No. Date of Price List Warranty 116. 117 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? 0s13pCH1AV.'L614I/3Nlei y Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? SNAPTITE Discount from current price list % Price List No. Date of Price List Warranty 73 YES NO YES NO Page 213 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? 118. SNORKEL Discount from current price list % 119 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? M611110sIARR'I Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S 74 wl/D 0101 YES NO Page 214 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 120. SIGNAL VEHICLE PRODUCTS Discount from current price list % 121 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? CSI II '-Wflel *y 7l►■ 103 VIOLVA 111►Y 0 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 75 YES NO YES NO YES NO Page 215 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 122. SPUMIFER Discount from current price list % Price List No. Date of Price List Warranty 123 124. Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? :1111w11:1TWITO Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? T N T TOOLS Discount from current price list % Price List No. Date of Price List Warranty 76 YES NO YES NO Page 216 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? 125. TASK FORCE TIPS Discount from current price list % 126. Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? 1Y:[QK6101616117:1616111R! Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S 77 wl/� 0[07 YES NO Page 217 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 127. STREAMLIGHT Discount from current price list % 128. Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? :Y1w3.14wII1►i101wI"so103'd Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? YES NO YES NO YES NO Page 218 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 129. SUPERIOR PNEUMATIC Discount from current price list % Price List No. Date of Price List Warranty 130 131 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? IV.336UA/R*jY3N Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? TEAM EQUIPMENT Discount from current price list % Price List No. Date of Price List Warranty 79 YES NO YES NO Page 219 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? 132. TELELITE Discount from current price list % 133 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? IYDAAIwBRI d IVU! Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S wl/� 0101 YES NO Page 220 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 134. TOMAR Discount from current price list % 135 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? I116Iw�� Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? YES NO YES NO YES NO Page 221 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 136. TURTLE PLASTICS Discount from current price list % Price List No. Date of Price List Warranty 137 138. Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? [Niel 11HAVAI'/rY3.14C4lei ONYCCS Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? UNITY LIGHTS Discount from current price list % Price List No. Date of Price List Warranty YES NO YES NO Page 222 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? 139. VANNER Discount from current price list % 140. Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S wl/� 01a, YES NO Page 223 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 141. WARRINGTON PRO Discount from current price list % 142. Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? 1Vi'/:7IY3K61IR Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? YES NO YES NO YES NO Page 224 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 143. WELDON Discount from current price list % Price List No. Date of Price List Warranty 144 145 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? 1Vi'/1101amellWIN lei 33NVIC Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? WILL BURT Discount from current price list % Price List No. Date of Price List Warranty MR YES NO YES NO Page 225 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? 146. WINCO GENERATORS Discount from current price list % 147 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? hi'/lei 17.Y0)1 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S YES NO Page 226 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? 148. WILLIAMS FOAM Discount from current price list % 149 Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? 1Vi'L6J N 11 Nei Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List Price Sheets? YES NO YES NO YES NO Page 227 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 150. ZEPHYR Discount from current price list % Price List No. Date of Price List Warranty 151 152. Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you sunnlied the reauired Catalogs and List Price Sheets? rAEILVA/740[4 Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S (per hour) Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you sunnlied the reauired Catalogs and List Price Sheets? ZICO Discount from current price list % Price List No. Date of Price List Warranty YES NO YES NO Page 228 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? YES NO Replacement parts, repair and service not previously noted that your firm may wish to bid (attach additional sheets if necessary). Part/Repair/Service Bidding: Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? YES NO Will your firm accept Visa? Yes No M Page 229 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 Additional Sheet Manufacturer: Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact (per hour) Have you pplied the required Catalogs and List Price Sheets? YES NO Manufacturer: Discount from current price list % Price List No. Date of Price List Warranty Stocking Distributor? Yes No Lead time: Hourly rate for repair and service S Minimum order (if any) S Handling fee if less than minimum order S Name/Telephone/Cell/Beeper of Emergency Contact Have you pplied the required Catalogs and List •c (per hour) Page 230 of 464 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 12-0806 By Signing this Bid the Bidder Attests and Certifies that: • It satisfies all legal requirements (as an entity) to do business with the County. • The undersigned vendor acknowledges that award of a contract may be contingent upon a determination by the County that the vendor has the capacity and capability to successfully perform the contract. • The bidder hereby certifies that it understands all requirements of this solicitation, and that the undersigned individual is duly authorized to execute this bid document and any contract(s) and/or other transactions required by award of this solicitation. Certification Regarding Acceptance of County Electronic Payable Process Vendor will accept payment using the County's VISA- based electronic payment system: ❑ Yes ❑ No Purchasing Agreements with Other Government Agencies This section is optional and will not affect contract award. If Lake County awarded you the proposed contract, would you sell under the same terms and conditions, for the same price, to other governmental agencies in the State of Florida? Each governmental agency desiring to accept to utilize this contract shall be responsible for its own purchases and shall be liable only for materials or services ordered and received by it. ❑ Yes ❑ No (Check one) Certification Regarding Felony Conviction Has any officer, director, or an executive performing equivalent duties, of the bidding entity been convicted of a felony during the past ten (10) years? ❑ Yes ❑ No (Check one) Conflict of Interest Disclosure Certification Except as listed below, no employee, officer, or agent of the firm has any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same services, and is in all respects fair and without collusion or fraud. DUNS Number (Insert if this action involves a federal funded project): Firm Name: Street Address: Mailing Address (if different): Telephone No.: FEIN No. - Signature: Print Name: Fax No.: E-mail: Prompt Payment Terms: % days, net Date: Title: By signature below, the County confirms award to the above -identified vendor under the above identified solicitation. A separate purchase order will be generated by the County to support the contract. Vendor awarded as: ❑ Sole vendor ❑ Pre -qualified pool vendor (spot bid) ❑ Secondary vendor for items: Signature of authorized County official: Printed name: ❑ Pre -qualified pool vendor based on price ❑ Primary vendor for items: ❑ Other status: Date: Title: Purchase Order Number assigned to this contract for billing purposes: 91 Page 231 of 464 SECTION 5 — ATTACHMENTS THE FOLLOWING DOCUMENTS ARE ATTACHED Attachment 1: Work References 92 ITB Number: 12-0806 Page 232 of 464 SECTION 5 - ATTACHMENTS WORK REFERENCES ITB Number: 12-0806 Agency Address City,State,ZIP Contact Person Telephone Date(s) of Service Type of Service Comments: Agency Address City,State,ZIP Contact Person Telephone Date(s) of Service Type of Service Comments: Agency Address City,State,ZIP Contact Person Telephone Date(s) of Service Type of Service Comments: 93 Page 233 of 464 6.1. CONSENT AGENDA 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2014-2015 Budget Status Report of the General Fund and the Utilities Fund for the eleven (11) month period ending August 31, 2015. EXPLANATION OF REQUEST: This report summarizes the estimated funding sources and the adopted expenditure budgets for the City's General Fund and Utility Fund for the eleven (11) month period ended August 31, 2015 (92% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget and • Actual results for the same period of the prior year annual budget. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $7.5M surplus for the period ending August 31th, 2015. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $56.5M or 77% of our total $73.OM General Fund budget estimate for FY 2014-15. Transfers from other funds (non -revenues) provide $16.5M or 23% of the total funding sources to balance our $73.OM General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 37% - $ 27.1M —Property taxes less Tax Increment Financing to the CRA Page 234 of 464 FY 2014-15 FY 2013-14 FY 2015 vs. 2014 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 73,031 $ 72,894 100% $ 71,416 $ 69,367 97% 2% 5% &Transfers Expenditures $(73,031) $(65,430) 90% $(71,416) $(64,531) 90% 2% 1% Excess (Deficit) $ - $ 7,464 $ - $ 4,836 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $7.5M surplus for the period ending August 31th, 2015. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $56.5M or 77% of our total $73.OM General Fund budget estimate for FY 2014-15. Transfers from other funds (non -revenues) provide $16.5M or 23% of the total funding sources to balance our $73.OM General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 37% - $ 27.1M —Property taxes less Tax Increment Financing to the CRA Page 234 of 464 2. 40% - $ 29AM - All other revenues plus General Fund Balance 3. 23% - $ 16.5M - Transfers from other funds 100% - $ 73.OM - Total funding sources The property tax rate for FY 2014-15 is 7.9000 mills, no change from the prior year; the net property taxes of $27.1 M in FY 2014-15 represent a 7.2% increase in property tax revenue or an increase of $1.8M from FY 2013-14. To balance the budget in FY 2013-14, it required transfers from other funds of $16.5M representing 23% of all funding sources. Actual Funding Sources Realized: At the end of the eleventh month in FY 2014-15, revenues and transfers realized are approximately $72.9M of the budget estimate compared to $69.3M realized to date in FY 2013-14. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $26.9M as compared to $25.OM for FY 2013-14, as noted on Exhibit A. Other Revenues: The four major revenue sources other than property taxes: 1. Franchise Fees realized was $4.3M or 97% actual collected compared to $4.1M or 94% in FY 2013-14. 2. Business Taxes are due at the beginning of the fiscal year. For FY 2014-15, approximately $1.7M or 126% has been collected compared to the FY 2013-14 amount of $1.4M or 103%. 3. State Shared revenues of $7.4M or 95% have been collected in FY2014-15 as compared to $6.8M or 97% received in FY 2013-14. 4. Public Safety revenues at this point collected are $5.2M or 118% received compared to $4.3M or 105% for FY 2013-14. 5. Special Assessment revenues, related to Fire and Rescue, in the amount of $5.6M or 101 % has been collected compared to $4.9M or 98% in FY 2013-14. Transfers from Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 2.3% from $71.4M to $73.OM. The budget increase was due to the cost of doing business, providing funding for additional landscaping, wage increases and increased pension contribution. Actual Expenditures - General Fund expenditures for the eleven month period ending August 31 (92% of the fiscal year) are $60.5M which is 90% of the $73.OM expenditure appropriation for FY 2014-15. The table at the top of Exhibit B displays actual expenditures of $65AM or 90% of the FY 2014-15 budget. At this point in the fiscal year, FY2014-15 spending levels are $.9M ahead of the $64.5M expended in FY 2013- 14 for this same period. UTILITY FUND The FY 2014-15 annual expenditure budget of $40.3M represents a $0.7M increase from the FY 2013-14 budget of $39.6M. The operational forecast reflects a decrease of an estimated $353K to the fund balance for FY 2014-15. Page 235 of 464 For the eleven month period in FY 2014-15, • Revenues realized are $40AM (100%) of the annual budget estimate. • Expenditures incurred are $34.6M (86%) of the annual appropriated budget. This resulted in revenues in excess of expenditures yielding a surplus of approximately $5.7M. The following provides brief comments on the Utility Fund revenues and expenditures to date. Revenues (Exhibit Q - The $40AM in FY 2014-15 actual revenues and fund balance have increased over the $38.2M in FY 2013-14, because of the following factors: • Water Sales - $18.9M equivalent to 103% of the annual estimate, compared to $17.7M or 98% at this point in FY 2013-14. • Water Service Charge - $837K equivalent to 167% of the annual estimate, compared to $947K or 105% at this point in FY 2013-14. • Sewer Service - $16.5M equivalent to 96% of the annual estimate, compared to $16.1 M or 96% at this point in FY 2013-14. • In FY 2014-15, $353K is being forecasted as a decrease to the fund balance, compared to an increase of $ 49K in FY 2013-14. Expenditures (Exhibit D) — Utility Fund FY 2014-15 expenditures to date are $34.6M or 86% of the annual appropriation compared to expenditures of $34.7M or 88% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 236 of 464 FY 2014-15 FY 2013-14 FY 2015 vs. 2014 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 40,341 $ 40,405 100% $ 39,617 $ 38,269 97% 2% 6% &Transfers Expenditures $(40,341) $(34,630) 86% $(39,617) $(34,712) 88% 2% 0% Excess (Deficit) $ - $ 5,775 $ - $ 3,557 For the eleven month period in FY 2014-15, • Revenues realized are $40AM (100%) of the annual budget estimate. • Expenditures incurred are $34.6M (86%) of the annual appropriated budget. This resulted in revenues in excess of expenditures yielding a surplus of approximately $5.7M. The following provides brief comments on the Utility Fund revenues and expenditures to date. Revenues (Exhibit Q - The $40AM in FY 2014-15 actual revenues and fund balance have increased over the $38.2M in FY 2013-14, because of the following factors: • Water Sales - $18.9M equivalent to 103% of the annual estimate, compared to $17.7M or 98% at this point in FY 2013-14. • Water Service Charge - $837K equivalent to 167% of the annual estimate, compared to $947K or 105% at this point in FY 2013-14. • Sewer Service - $16.5M equivalent to 96% of the annual estimate, compared to $16.1 M or 96% at this point in FY 2013-14. • In FY 2014-15, $353K is being forecasted as a decrease to the fund balance, compared to an increase of $ 49K in FY 2013-14. Expenditures (Exhibit D) — Utility Fund FY 2014-15 expenditures to date are $34.6M or 86% of the annual appropriation compared to expenditures of $34.7M or 88% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 236 of 464 Is this a grant? Grant Amount: ATTACHMENTS: Action Type D Addendum D Addendum D Addendum D Addendum REVIEWERS: Department Finance Finance City Manager Description Financial Report GF - Revenues August 2015 Financial Report GF - Expenses August 2015 Financial Report OF - Revenues August 2015 Financial Report OF - Expenses August 2015 Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 9/22/2015 - 7:40 AM 9/22/2015 - 7:41 AM 9/30/2015 - 4:35 PPA Page 237 of 464 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31, 2015 (92% of Fiscal Year) S:A FinanceTinancial Rep ortsWonthly Financial Rep ortsTY2014-2015\Budget Review - GF - thm Aug 15 Summarized001 Revenue Summary Revised Page 238,of 464 REVENUES FY 2014-15 FY 2014-15 TO DATE FY 2013-14 FY 2013-14 TO DATE ACCOUNTS REVENUE % REVENUE % APPROVED $ 32,304,232 REALIZED $ 32,099,099 REALIZED 99% APPROVED $ 29,736,573 REALIZED 29,391,208 REALIZED 99% AD VALOREM TAXES, net LESS TIF TAXES TO CRA 5,186,878 (5,181,655) 100% 4,428,166 (4,374,462) 99% NET TAXES TO THE CITY 27,117,354 26,917,444 99% 25,308,407 25,016,746 99% LICENSES AND PERMITS FRANCHISE FEES 4,420,000 4,276,418 97% 4,434,575 4,149,033 94% BUSINESS TAXES 1,390,000 1,747,260 126% 1,390,000 1,430,944 103% BUILDING PERMITS 2,115,000 2,275,280 108% 1,662,600 1,829,508 110% OTHR LICENSES, FEES & PER 170,000 183,625 108% 171,300 175,857 103% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 55,000 75,266 137% 55,000 40,390 73% STATE SHARED REVENUES 7,724,000 7,365,215 95% 7,072,000 6,828,179 97% SHRD REV FROM OTHR LCL 440,000 292,736 67% 415,000 340,094 82% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 104,000 121,647 117% 104,000 108,880 105% CHRGS-GENERAL GOVT 616,798 605,612 98% 614,600 585,865 95% PUBLIC SAFETY 4,383,605 5,189,523 118% 4,075,100 4,272,930 105% PHYSICAL ENVIRONMENT 20,000 7,993 40% 20,000 20,422 102% CULTURE/RECREATION 353,000 410,034 116% 331,000 392,412 119% INTEREST & MISC REVENUE VIOLATIONS LOCAL ORD. 440,000 893,426 203% 355,000 516,792 146% INTEREST EARNINGS 50,000 70,563 141% 240,000 67,933 28% RENTS AND ROYALTIES 351,000 283,240 81% 338,800 292,703 86% SPECIAL ASSESSMENTS 5,542,000 5,581,578 101% 4,977,000 4,881,366 98% SALE OF SURPLUS MATERIAL 2,000 737 37% 2,000 1,633 82% LIBRARY FINES 30,000 18,212 61% 30,000 25,077 84% OTHER MISC. REVENUE 237,000 410,801 173% 288,900 199,273 69% INTERNAL FUND TRANSFERS TRANSFERS 16,518,000 15,295,058 93% 16,711,115 15,605,448 93% FUND BALANCE APPROPRIATED 951,781 872,466 92% 2,820,106 2,585,097 92% Total Revenues $ 73,030,538 $ 72,894,134 100% $ 71,416,503 69,366,582 97% S:A FinanceTinancial Rep ortsWonthly Financial Rep ortsTY2014-2015\Budget Review - GF - thm Aug 15 Summarized001 Revenue Summary Revised Page 238,of 464 S: TinanceTinancial ReportsAlonthly Financial ReportsTY2014-2015\Budget Review - GF - thru Aug 15 Sllmmarized001 Expenditure Summary Revised Page. 2,3G iof 464 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31, 2015 (92% of Fiscal Year) EXPENDITURES FY 2014-15 FY 2014-15 TO DATE FY 2013-14 FY 2013-14 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 252,374 $ 202,627 80% $ 270,049 $ 204,807 76% CITY MANAGER 617,775 585,813 95% 777,917 707,939 91% CITY HALL/GEN. ADMIN. 2,771,218 1,680,176 61% 2,164,446 1,554,791 72% MARKETING /COMMUNICATIONS 180,646 113,246 63% 0 0 0% CITY CLERK 555,142 483,737 87% 571,810 504,763 88% CITY ATTORNEY 596,893 470,073 79% 735,597 551,368 75% FINANCIAL SERVICES 1,163,228 1,056,595 91% 1,105,077 969,325 88% ITS 1,917,477 1,589,967 83% 1,834,455 1,657,146 90% HUMAN RESOURCES 735,597 627,475 85% 785,682 681,200 87% PUBLIC SAFETY COMMUNICATIONS 0 0 0% 2,426,381 2,169,088 89% UNIFORM SERVICES 12,834,274 12,239,979 95% 25,011,299 22,762,103 91% ADMINISTRATIVE SERVICES 6,759,266 6,187,473 92% 0 0 0% SUPPORT SERVICES 8,492,994 7,717,124 91% 0 0 0% CODE COMPLIANCE 0 0 0% 957,574 884,686 92% FIRE 21,117,153 19,650,524 93% 20,147,236 19,073,465 95% EMERGENCY MANAGEMENT 81,914 11,693 14% 83,564 25,242 30% BUILDING & DEVELOPMENT DEVELOPMENT 875,699 801,736 92% 817,527 740,243 91% BUILDING 1,048,796 924,186 88% 1,248,679 1,105,677 89% ENGINEERING 656,356 640,938 98% 706,395 629,383 89% PLANNING & ZONING 698,011 651,609 93% 675,073 603,903 89% ECONOMIC DEVELOPMENT 344,239 196,398 57% 254,351 195,346 77% PUBLIC WORKS PUBLIC WORKS 231,907 211,610 91% 243,056 211,170 87% FACILITIES MANAGEMENT 1,583,462 1,320,252 83% 1,532,499 1,354,396 88% STREETS MAINTENANCE 1,064,169 955,395 90% 1,087,637 965,700 89% LEISURE SERVICES LIBRARY 2,234,621 1,998,756 89% 2,218,651 2,008,019 91% SCHOOLHOUSE MUSEUM SERV 336,444 312,990 93% 227,855 202,482 89% RECREATION 2,874,630 2,659,012 92% 2,823,614 2,550,555 90% PARKS & GROUNDS 3,006,253 2,118,265 70% 2,710,079 2,212,151 82% CRA REIMBURSABLE & RESERVES - 22,793 0% - 6,015 0% Total Expenditures $ 73,030,538 $ 65,430,442 90% $ 71,416,503 $ 64,530,963 90% S: TinanceTinancial ReportsAlonthly Financial ReportsTY2014-2015\Budget Review - GF - thru Aug 15 Sllmmarized001 Expenditure Summary Revised Page. 2,3G iof 464 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31, 2015 (92% of Fiscal Year) 5:\Finance\Financial Reports\Monthly Financial Reports\FY2014-2015\Budget Review - OF - thm Aug 15 Summarimi:401 Rev Sum Page 240 of 464 REVENUES FY 2014-15 FY 2014-15 TO DATE FY 2013-14 FY 2013-14 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED $ 18,400,000 REALIZED $ 18,930,573 REALIZED 103% APPROVED $ 18,000,000 REALIZED $ 17,707,105 REALIZED 98% WATER SALES WATER CONNECTION FEE 10,000 36,370 364% 50,000 50,850 102% WATER SERVICE CHARGE 500,000 837,435 167% 900,000 947,844 105% WTR-BACKFLOW PREVNTR TEST 5,000 6,750 135% 50,000 1,600 3% RECLAIMED WATER SALES 40,000 62,204 156% 30,000 40,244 134% SEWER SERVICE 17,254,000 16,553,033 96% 16,800,000 16,087,525 96% STORMWATER UTILITY FEE 3,610,000 3,471,951 96% 3,670,000 3,336,873 91% TELEVISE SEWER LINES 7,000 15,439 221% 20,000 2,648 13% FEES 10,000 38,326 383% 15,000 10,634 71% INTEREST INCOME 50,000 29,517 59% 20,000 20,962 105% SALE OF SURPLUS EQUIP. 1,837 0% 4,000 2,767 69% OCEAN RGE UT TAX ADM CHG 800 705 88% 800 703 88% BAD DEBT RECOVERIES 500 0% 500 775 155% MISCELLANEOUS INCOME - 5,045 0% 5,000 10,795 216% TRANSFER FROM SANITATION FUND 101,000 92,583 92% 101,000 92,583 92% FUND BALANCE DECREASE (INCREASE) 353, 323,794 92% 49,176 (45,078) 92% TOTAL REVENUES $ 40 341 530 $ 40,405,562 100% $ 39,617,124230 $ 38,268,830 97% 5:\Finance\Financial Reports\Monthly Financial Reports\FY2014-2015\Budget Review - OF - thm Aug 15 Summarimi:401 Rev Sum Page 240 of 464 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended August 31, 2015 (92% of Fiscal Year) EXPENDITURES FY 2014-15 FY 2014-15 TO DATE FY 2013-14 FY 2013-14 TO DATE ACCOUNTS BUDGET % BUDGET EXPENDED APPROVED EXPENDED $ 1,529,276 $ 1,263,797 83% EXPENDED APPROVED EXPENDED $ 1,517,181 $ 1,234,779 81% WATER DISTRIBUTION PUBLIC WATER TREATMENT 6,052,030 4,658,849 77% 6,247,733 5,454,922 87% METER READING & SERVICES 930,185 800,738 86% 843,627 780,053 92% WASTEWATER COLLECTION 1,613,062 1,267,852 79% 1,596,979 1,443,196 90% WASTEWATER PUMPING STATNS 2,461,722 2,064,973 84% 2,546,226 2,220,325 87% SEWAGE TREATMENT 3,723,000 3,843,660 103% 3,987,000 3,484,158 87% WATER QUALITY 694,848 647,412 93% 725,412 659,741 91% UTILITY ADMINISTRATION 13,380,464 11,394,048 85% 12,399,551 10,756,494 87% UTILITES ENGINEERING 1,320,956 1,109,789 84% 1,331,802 1,209,838 91% STORMWATER MAINTENANCE 995,884 665,679 67% 869,024 555,541 64% CUSTOMER RELATIONS 1,558,019 1,265,780 81% 1,382,627 1,261,201 91% DEBT SERVICE 6,082,084 5,647,977 93% 6,169,962 5,652,082 92% Total Expenditures $ 40,341,530 $ 34,630,554 86% $ 39,617,124 $ 34,712,330 88% 5:\Finance\Financial Reports\Monthly Financial Reports\FY2014-2015\Budget Review - OF - thm Aug 15 Summarimi:401 Exp Sum Page 241 of 464 6.J. CONSENT AGENDA 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on September 15, 2015 and the Special Meetings held on September 9th and 30th, 2014. EXPLANATION OF REQUEST: The City Commission met on September 15, 2015, September 9th and 30th, 2014 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach 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: N/A STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Minutes Minutes Minutes REVIEWERS: Description Minutes - September 15, 2015 Minutes 09-09-14 Minutes 09-30-14 Page 242 of 464 Department Ra\Aawer Action Date Page 243 of 464 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON TUESDAY, SEPTEMBER 15, 2015 @ 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Joseph Casello, Vice Mayor Mack McCray, Commissioner Michael Fitzpatrick, Commissioner ABSENT David Merker, Commissioner 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Mayor Taylor called the meeting to order at 6:30 p.m. A roll call revealed a quorum was present. Invocation Commissioner McCray offered the invocation. Pledge of Allegiance to the Flag led by Vice Mayor Casello Vice Mayor Casello led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner McCray pulled Consent Agenda Item 6.C. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Vice Mayor Casello seconded the motion that unanimously carried. 2. OTHER A. Conduct Second Public Budget Hearing for the Fiscal Year 2015/2016 Proposed Annual Operating Budget. 1 Page 244 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 PROPOSED RESOLUTION NO. R15-109 - Adopt the Final millage rate for the General Fund for Fiscal Year 2015-2016. Motion Vice Mayor Casello moved to approve. Commissioner Fitzpatrick seconded the motion. Commissioner McCray requested to clarify some items that were stated at the CRA meeting. It had been stated the budget for the City was approved. Commissioner McCray reiterated tonight's meeting was the second public hearing and approval of the budget. It further was stated that all employees received a 3% raise. He clarified that the Police Department was given a 3% raise because of their contract. The decision for general employees would be made this evening. He requested the record reflect the City Commission did not approve a 3% increase for all of the general employees of this City. That was misinformation given to the CRA and it was acted upon with the final consent of the City Commission. Mayor Taylor explained that the millage rate was held at 7.9 which is the same as it was last year. However, many residents are hurting due to increases in health, home, car, and flood insurance. As an elected body, he felt a responsibility to provide the citizens with some relief. Although the budget is very tight, he would like to reduce the millage by one-tenth of a percent (amounting to just over $300,000) to 7.8. This could help many people. He realized by reducing the millage, the extra funding would have to come out of reserves. Substitute Motion Mayor Taylor moved to approve the millage rate at 7.8. The motion died for lack of a second. Attorney Cherof announced the millage rate was 7.1 above the rolled -back rate which was 7.3762. The members of the public would have an opportunity to comment and ask questions of the Commission and staff regarding the budget. Mayor Taylor announced the public hearing. There was no one present who wished to speak. The public hearing was closed. Commissioner Fitzpatrick was bothered by the motion to decrease the millage to 7.8. He felt if that had been the intent of the Commission, they would have held firm at 2% raises as discussed and agreed upon during strategic planning. In addition, the Village of Golf should have been charged 2.75 mils for fire service which would probably cost the City of Boynton Beach taxpayers more like 4 mils or better. He questioned why the Commission did not hold the line there instead of requesting a reduction at this time. The budget as presented already contained a $400,000 deficit. Page 245 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 Mayor Taylor reminded the Commissioners he brought up the suggestion of the reduction in millage to 7.8 during the budget workshops and no one wanted to do it at that time. The Commissioners wanted to wait and possibly lower it later. Mayor Taylor realized he had no support for his motion and would honor the desire of the Commission. Vote The motion for 7.9 carried unanimously PROPOSED RESOLUTION NO. R15-110 - Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2015-2016 Motion Commissioner McCray moved to provide appropriation of a maximum of $1,250 per employee City contribution for employees who establish Health Savings Accounts (HSAs). Commissioner Fitzpatrick seconded the motion. Using the Fire Department as an example, Vice Mayor Casello confirmed that at the present time, no signed contract exists. If an agreement is not reached, would this appropriation still take effect? Attorney Cherof responded negatively and explained that without a signed contract, no employee who is member of a bargaining unit would receive the increase until the process is completed. Negotiations are underway with all three unions. When the negotiations are completed, there will be an issue with respect to when their $1,250 would officially take effect. The new High Deductible Health Plan that was already approved by the Commission will go into effect. The City will not supplement the HSA (Health Savings Accounts) accounts with the $1,250 until there is a signed agreement. Vice Mayor Casello inquired if this could be used as a tool against the unions. Attorney Cherof said it is a negotiating tool and it is obvious, since it was being stated publicly, that there is an appropriation for $1,250. Once the agreement is reached, the Commission reserves the right to make any portion of it retroactive to the same time period that it would otherwise be available. Mayor Taylor announced the public hearing on the establishment of the contribution for the Health Savings Account. There was no one present who wished to speak. The public hearing was closed. Vote The motion carried 3-1. (Vice Mayor Casello dissented.) Page 246 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 Motion Commissioner McCray moved to provide appropriation for a 2.5% wage increase for general employees. Commissioner Fitzpatrick seconded the motion. Mayor Taylor announced the public hearing on this motion. There was no one present who wished to speak. The public hearing was closed. Vote The motion carried unanimously. Motion Commissioner McCray moved to adopt the Proposed Resolution R15-110 to adopt the final budget for the General Fund and all other funds for Fiscal Year 15/16. Vice Mayor Casello seconded the motion. Mayor Taylor announced the public hearing. There was no one present who wished to speak. The public hearing was closed. When Commissioner Fitzpatrick inquired if it was necessary for Tim Howard, Finance Director, to make a presentation before the vote, Ms. LaVerriere responded there was no requirement for a presentation. Vote The motion carried unanimously. B. PROPOSED RESOLUTION NO. R15-111 - Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2015-2016. Motion Commissioner Fitzpatrick moved to approve. Mayor Taylor passed the gavel to Vice Mayor Casello and seconded the motion that failed 2-2 (Vice Mayor Casello and Commissioner McCray dissenting.) Attorney Cherof explained it was necessary for the Commission to move on this item since this is considered a ministerial responsibility of the Commission. This procedure could have been delegated to the CRA Board; however, the Commission performs this responsibility every year indicating this is an agency created by the City Commission. The item must be 4 Page 247 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 disposed of and he recommended those who voted against the motion reconsider their votes. This would not be an endorsement of the budget, but an indication of its ratification. Commissioner Fitzpatrick asked what kind of message would be sent to the business community if the Commission did not approve the budget. Mayor Taylor responded it would be a negative message. Vice Mayor Casello said his opinion is well documented and he does not feel he should vote in favor of something he does not believe in. His position is well defined about where he stands on the CRA budget. He expressed his opposition to the 3% raises overall for the CRA staff. Commissioner McCray agreed with Vice Mayor Casello's comments. At the CRA meeting, it was expressed that there was a 3% increase for all City employees and that was wrong. The City general employees are receiving a 2.5% increase and until that amendment is made, he would not vote in favor of the CRA budget. Commissioner Fitzpatrick expressed that when speaking at the CRA meeting, and 3% is said for all employees, that is 100% correct — 3% of all CRA employees, which is 12 or 13 people. It has nothing to do with the City. Also, it is important to vote in favor of this budget because it is good for the City of Boynton Beach. Vice Mayor Casello asked if it was fair to say both City and CRA budgets are funded with taxpayers' dollars. Mayor Taylor responded affirmatively. Therefore, Vice Mayor Casello had a hard time saying the entities are separate and different when both are funded with taxpayers' dollars. Commissioner McCray reminded all when the motion was made at the CRA meeting, it was based on all employees in the City being given 3%. He did not understand the urgency to move to give the CRA employees a 3% raise. Vice Mayor Casello felt their points were well taken and the public understood his and Commissioner McCray's positions on this issue. Reconsideration Vote Mayor Taylor called for reconsideration of the vote on Proposed Resolution No. R15-111. The motion carried unanimously. C. Informational items by Members of the City Commission Commissioner Fitzpatrick reported on the following events he attended since the last Commission meeting as follows: September 2 — 70th Anniversary of the Victory over Japan Ceremony and Awarding of the Legion of Honor Medal to approximately 10 World War II veterans by the French Delegation; September 6 — Labor Day Picnic sponsored by the Page 248 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 IBEW; September 8 — CRA Meeting; September 9 — Chamber of Commerce Luncheon; September 9 — Save Boynton High Steering Committee Meeting; September 10 — Meeting with League of Cities Chairperson, Riviera Beach City Commissioner Dawn Pardo, who has an initiative to establish a new greenway trail out west; September 14 — Greater Boynton Beach Foundation Meeting; and September 15 — Boynton Beach Intracoastal Group Meeting. Vice Mayor Casello wished all members of the Jewish community a healthy, prosperous and Happy New Year. He attended the Chamber of Commerce Luncheon of the Mayor's Chat and it was set like a Johnny Carson set. The Mayor was asked some tough questions on-line and from the gathering and Vice Mayor Casello was very proud of how the Mayor handled the answers. Commissioner McCray attended the Chamber of Commerce Luncheon. He wished the Jewish community a Happy New Year. Commissioner McCray requested this opportunity to enter information into the record to respond to comments that were made in the newspaper more than once. The comment was that the leadership of the City needed to be reevaluated. Commissioner McCray reported in 1963/1964, he took a course in Civics that was taught by Mr. Kelly Brown at Carver High School. He didn't understand why he was taking the course because he had no idea he would one day be an elected official. He read, "The City Commission must determine the policies, directions and level of City government. Our job is to determine how to best meet the numerous needs and demands of public services throughout the community while complying with State and federal mandates and doing all of this with limited financial resources. The City Commission must constantly listen to the people in the community while keeping an ear tuned to the events of the region, the State, the nation and the world which could affect the City of Boynton Beach. " The comment about the leadership of the City was made by someone that was appointed and did not take an oath. Commissioner McCray continued that when he became a Commissioner, he took an oath like all of the other Commissioners which says, "1, Mack McCray, do solemnly swear or affirm that 1 will support, protect and defend the Constitution and government of the United States, the State of Florida, and the City of Boynton Beach, that 1 am duly qualified to hold office under the Constitution and bylaws of the State and the City of Boynton Beach and that 1 will well and faithfully perform the duties of City Commissioner of the City of Boynton Beach, Florida." This was dated March 18, 2014. Commissioner McCray asked the City Attorney to express the duties of the City Manager. Attorney Cherof responded the City Manager is the Chief Executive Officer of the City and the overseer of all the City employees and is at the leadership helm of the City. When asked about the duties of the CRA Director, Attorney Cherof said that position is an appointee by the Board and is the Chief Administrative Officer of the CRA. Commissioner Page 249 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 McCray confirmed with Attorney Cherof that the CRA Director is responsible for the day-to- day operation and sits in the leadership capacity. Mayor Taylor expressed his best wishes to the Jewish community for a Happy New Year and a prosperous year ahead. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of Library Department by Craig Clark, Library Director, detailing library services to the public. Craig Clark, Library Director, made a PowerPoint presentation regarding the services provided by the Library. The mission of the Library is to enhance the City's pursuit of lifelong learning, information and leisure by providing the highest quality services and resources. For the last fiscal year, there were over 324,000 visitors to the Library, more than 231,000 electronic visits to the website and databases, more than 273,000 items borrowed, over 38,000 registered users of the Library, more than 76,000 computer appointments made, more than 58,000 reference questions were answered, 457 programs held for adults, children and teens and program attendance was over 10,000 people. The City of Boynton Beach Library reciprocates with other public and academic libraries in the area. Library cardholders are eligible for free cards from those libraries. Mr. Clark expounded on the programs available at the Library. He also offered information on the digital collections including free a -books and digital magazines available. In the future, the Library will provide iPad lending for adults and will offer a 3-D printer for STEM programs for teens. Mr. Clark recognized the Friends of the Library, the Library Quilters and the Library Board for their partnership. Brochures about services offered at the Library were available in the back of the Chambers. Commissioner McCray acknowledged the volunteers who man the used book store. Mr. Clark explained they accept donations of books, sell them back to the public and give the money back to the Library to be used for the kids' and teen programs. They raised over $100,000 over the last five years. Vice Mayor Casello inquired if most of the borrowed items are returned. Mr. Clark said approximately 30 accounts a month are turned over. In response to a question from Vice Mayor Casello, Mr. Clark advised that the Library occasionally works in conjunction with the Children's Schoolhouse Museum, but programs at the Library are free, while the Museum charges for their programs. Vice Mayor Casello questioned whether the Library seeks grants for the purchase of computers. Mr. Clark explained it is hard to find grant money for computers. Back in early 2000, Microsoft had a program in place; however, that no longer exists. The purchase of Page 250 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 Library computers is from State Aid funding. Four computers were purchased through a Comcast grant. Mayor Taylor expressed pride in the City Library and brags about it all the time. It is a great amenity. Mr. Clark's leadership has been excellent and it is reflected in the Library employees. They go out of their way to help people find what they need. Mayor Taylor asked Mr. Clark to express his appreciation to the Library staff. B. Announcement of awards received for the City's 2014 Annual Report and 2015 Calendar. Eleanor Krusell, Communications Manager, accepted three awards for the 2014 Annual Report and 2015 Calendar. She accepted the first -place award in the Annual Report category from the Florida Festivals and Events Association, which is a statewide organization made up of approximately 700 people who produce and promote festivals and events. The award was received in the budget category of $50,000 to $249,000. This past Thursday, Ms. Krusell accepted, on behalf of the City, two awards from the City/County Communications and Marketing Association. This is a national association made up of approximately 700 members who assist governments in promoting their services. The City received third place in the category of Annual Reports and third place in the category of Calendars. The awards were received in the population category of 80,000 and below. Work is currently ongoing on the next annual report and calendar. Next year's calendar will highlight each department director and provide biographical information. Ms. Krusell thanked everyone who contributed to the calendar. Ms. LaVerriere gave kudos to Ms. Krusell for the tremendous undertaking to produce the calendar and annual report. The creativity was fantastic and she plans to grow this project for next year to make it even better. Mayor Taylor said these awards have to be earned. Ms. Krusell birddogged the entire project and he thanked her. Vice Mayor Casello reported on how busy Ms. Krusell is and congratulated her for a job well done. 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) Christopher Burdick, CRA Special Events Coordinator, handed out an announcement for upcoming events. The first event will be on October 2, Movies in the Park at the Amphitheater. There will be food trucks and the first movie will be "Goonies". Music on the Rocks will be on October 16th. No act has yet been assigned. The Pirate Fest will be October 24th and 25th. The hours and size of the event have been extended. There will be live mermaids, two tanks, two shows, a "meet and greet with the mermaids", a sideshow, kids' activities and a treasure hunt. He urged attendance at the events. Page 251 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 Harry Woodworth, 685 NE 15th Place, thanked Colin Groff for the amazing job he has done on the drainage project. Chief Katz is doing a great job of keeping open the parking between the bridge and the U -Haul business on Federal Highway. AT&T trucks have been all over Federal Highway this past week. AT&T should be done this week. FPL has permits to remove the remaining poles. Commissioner McCray also thanked Jeff Livergood for his participation in the effort to remove the poles from Federal Highway. Reverend Richard Dames, 7284 West Boynton Beach Blvd., President of the Coalition of Clergy, said it was an honor to be chosen to speak to the Commission. He was present to thank the Commissioners for everything they do in this City and the Coalition is praying for the Commission for wisdom, knowledge and understanding in making vital decisions that impact the City. He also thanked Commissioner McCray for all of his hard work in District 2. Mayor Taylor thanked the delegation for taking the time to come to the meeting to express those accolades. Nicole Marcellus, 615 Oak Street, has seen her neighborhood become degraded by prostitutes, drug dealers and death. She has pleaded with the Police Department twice to help the community. Her grandchildren have seen sex acts taking place outside her door. The senior citizens are afraid to go outside. She is unable to ride her bike without being approached by prostitutes or drug dealers. The people have spread out to into the parks. She volunteers to teach 15 children, ages three and four, but while in the park, drug deals are ongoing. She requested assistance. Mayor Taylor requested one of the Police representatives speak with Ms. Marcellus in the Lobby of City Hall. Renee Herder, 625 Oak Street, reported her vehicle was vandalized by a gunshot on Labor Day and two neighbors' vehicles were burglarized. She expressed concern about the increasing crime on her street. She has talked to people who frequent the street and there is a homeless population that sleeps at the park at night on the shoreline. They access the park from Oak Street. There is a motel at the end of the street. There is a strip shopping center where sexual activities are going on. The neighborhood wants to set up Crime Watch. A juvenile was apprehended who shot up her car. The homeless population at the park is part of the problem. She wanted the City to be aware of the problem and offer assistance if possible. She also thanked everyone for extending the life of the high school. Mayor Taylor said she was doing the right thing by coming forward and sharing the details with the Police. He asked Ms. Herder to see the Police representative in the Lobby to share details with him. Dr. Piotr Blass, 113 West Tara Lakes Drive, saluted the Mayor for helping to solve the reported problem and he felt confident the Police would take care of it. He wished all a Page 252 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 Happy New Year. The City has a fantastic Library and Director. Boynton needs to move to the next level and he expects the high school to be saved and anticipates a University of Boynton Beach. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory Boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Reg Building Board of Adjustments and Appeals: 1 Alt Education and Youth Advisory Board: 1 Stu Golf Course Advisory Committee: 1 Alt Recreation and Parks Board: 1 Alt Planning and Development Board: 1 Alt Senior Advisory Board: 1 Reg and 2 Alts Mayor Taylor advised there were no applicants for the vacant appointments. 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. R15-112 - Approve award of the RFP for Website Development, Design, and Deployment Services, and authorize the City Manager to sign a Vendor Services Agreement with JesseJames Creative, Inc. of New York, NY, for the amount of $52,500 for a one year term with two (2), one (1) year renewal options. B. PROPOSED RESOLUTION NO. R15 - 113 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach C. PROPOSED RESOLUTION NO. 15-114 - Adopt the City of Boynton Beach Program for Public Information (PPI) to maximize the city's credit as part of the Community Rating System (CRS) for the National Flood Insurance Program (NFIP) and prioritize the dissemination of flood -related information to residents and businesses. Commissioner McCray requested staff make a presentation of this item to enlighten the citizens. Carisse LeJeune, Assistant City Manager, announced the City's current rating is 7, which is a 15% discount on flood insurance to all citizens. With the CRS (Community Rating 10 Page 253 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 System) ratings, there is a site visit and there was a recertification for the City. The inspector came in last Thursday along with the CRS team and information was reviewed to lower the rating. Staff believes we have a good chance of going to a rating of 5 which would give the citizens a 25% discount on their flood insurance premiums. The PPI is a program that disseminates flood information to the public, makes it a priority for the City and outlines the dissemination of the information throughout the year. When applying for flood insurance, the insurance premium discount will automatically be applied. When looking at the bill, there should be a notation for the CRS discount. For any questions about receiving the discount, the Development Department can be contacted at (561) 742-6350. Grace Wilson or Shane Kittendorf can answer questions. This information will be on the City's website. There is a page devoted to flood information. Motion Commissioner McCray moved to approve. Vice Mayor Casello seconded the motion that carried unanimously. D. PROPOSED RESOLUTION NO. R15-115 - Authorize the City Manager or Mayor to apply for, execute all documents associated with the Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $26,436, accept the grant, and execute the Grant Agreement subject to the approval of the City Attorney. E. PROPOSED RESOLUTION NO. R15-116 - Authorize the application and agreement for Library State Aid to Libraries Grant for FY2015-2016. F. Approve the updated Library Long Range Plan for 2015-2020. G. Approve the extensions for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for September 15, 2015 - "Request for Extensions and/or Piggybacks". H. Accept the written report to the Commission for purchases over $10,000 for the month of August 2015. Approve the minutes from the Regular City Commission meetings held on August 18, 2015 and September 3, 2015 and the Special City Commission meeting held on September 10, 2015. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION No. R15-117 - Award the bid for "The Painting of Exterior and Interior Utilities Chemical Containment Areas", Bid No. 052-2821-15/JMA and authorize the City Manager to sign a contract with Southland Painting Corp. of Fort Lauderdale, FL for the bid amount of $113,350. 11 Page 254 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 Motion Commissioner McCray moved to approve. Vice Mayor Casello seconded the motion. Vice Mayor Casello inquired if this was specialized painting. Colin Groff, Utilities Director, responded affirmatively. This paint will protect the concrete if chemicals spill. Vote The motion carried unanimously. B. PROPOSED RESOLUTION No. R15-118 - Approve the piggy -back of the City of Cape Coral, FL contract with Shrieve Chemical Company based on their Bid No. UT15-52/CH for Sulfuric Acid with the same terms, conditions, specifications and pricing, and authorize the City Manager to sign a contract with Shrieve Chemical Co. The anticipated annual expenditure for the purchase of sulfuric acid is $125,000. Motion Commissioner McCray moved to approve. Vice Mayor Casello seconded the motion. Commissioner McCray inquired if this was an increase in the blanket purchase order. Mr. Groff explained it is about the same amount that is spent each year. Mr. Howard reported $100,000 has been spent so far this year. Vote The motion carried unanimously. C. Approve utilizing the State of Florida Mobile Communications Services (MCS) Contract for wireless voice and data services with AT&T, Sprint and Verizon for Fiscal Year 2016 for all City Departments requiring these services. The State of Florida Contract expires January 10, 2017. The anticipated annual expenditure for all departments is $130,000. Motion Commissioner McCray moved to approve. Vice Mayor Casello seconded the motion. Commissioner McCray inquired if it was a blanket purchase order. Mr. Howard responded affirmatively and reported $104,000 was spent to date. Vice Mayor Casello questioned why this was spread throughout three companies. Mr. Howard responded the State awards different services to different companies. On a piggy- back contract, any of those companies could be selected. 12 Page 255 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 Vote The motion carried unanimously. D. Authorize utilizing the State of Florida Contract No. 25172500-2-WSCA-15-ACS (Alternate Contract Source) for the purchase of Good Year Tires for the City's fleet vehicles on an "As Needed" basis with an estimated annual expenditure of $250,000. Motion Commissioner McCray moved to approve. Vice Mayor Casello seconded the motion. Commissioner McCray inquired about the balance of the blanket purchase order. Mr. Howard said $205,000 has been spent to date. Last year, $291,000 was spent. Vote The motion carried unanimously. E. Authorize the use of the United States Postal Service (USPS) as a sole source vendor for Fiscal Year 2015/2016 for postage costs associated with Utility billing for an estimated amount of $155,000. Motion Commissioner McCray moved to approve. Commissioner Fitzpatrick seconded the motion. Commissioner McCray inquired about the balance of the blanket purchase order. Mr. Howard responded $150,000 was spent this year and $156,000 last year. Vice Mayor Casello inquired if the City has moved to electronic billing. Mr. Howard explained the idea is constantly promoted to the customers, but only some take advantage of it. Mr. Groff advised approximately 5,500 bills out of 35,000 bills are electronic. Vote The motion carried unanimously. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS — None 13 Page 256 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 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. None 10. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R15-119 - Adopt the City of Boynton Beach Strategic Plan 2015-2016. Motion Vice Mayor Casello moved to approve. Commissioner McCray seconded the motion that carried unanimously. 11. UNFINISHED BUSINESS — None None 12. NEW BUSINESS A. Authorize the expenditure of $1,000 from Vice Mayor Casello's Community Support Funds to GBDC Entrepreneurship Institute. This program develops social entrepreneurs through training, business coaching and technical assistance. Emphasis is on youth to aid in reducing school dropout rates and increase leadership skills. Motion Commissioner McCray moved to approve. Commissioner Fitzpatrick seconded the motion that carried unanimously. B. Authorize the expenditure of $1,000 from Vice Mayor Casello's Community Support Funds to the Community Caring Center of Greater Boynton Beach, Inc. for their hunger programs. Motion Commissioner McCray moved to approve. Commissioner Fitzpatrick seconded the motion that carried unanimously. 14 Page 257 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 C. Authorize the expenditure of $300 from Commissioner Fitzpatrick's Community Support Funds to Sister City Program - Essay Writing and Art Contest Motion Commissioner McCray moved to approve. Commissioner Fitzpatrick seconded the motion that carried unanimously. D. Authorize the expenditure of $200 from Commissioner Fitzpatrick's Community Support Funds to Boca Raton's Promise organization to assist the Boynton Beach Mental Health Committee. Motion Commissioner McCray moved to approve. Commissioner Fitzpatrick seconded the motion that carried unanimously. E. Authorize the expenditure of $1,500 from Commissioner Fitzpatrick's Community Support Funds to the Greater Boynton Beach Foundation. Motion Commissioner McCray moved to approve. Commissioner Fitzpatrick seconded the motion. Mayor Taylor advised he would vote to support this donation so that it will go to the Boynton Beach Foundation, but not for the mold study on the Old High School because this is already being done in an investigation by a potential developer. Commissioner Fitzpatrick said this donation would be for clean-up. Mayor Taylor was opposed to allowing anyone in the building to clean it up because there is liability on the part of the City if someone is hurt or gets sick. Attorney Cherof confirmed for Mayor Taylor that the request for authorization was properly within the scope of funds approved in the policy adopted by the City Commission. Approval of this item would require some additional steps to make sure safeguards are in place to allow clean up; however, the expenditure would be appropriate. Mayor Taylor announced he would not support the expenditure because he did not want anyone interrupting the process that is in place at this time regarding the Old High School. Vote The motion carried 3-1. (Mayor Taylor dissented.) 15 Page 258 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 Commissioner McCray noted he did not spend his allocation this year, but he intends to do so next year. F. Commission discussion and possible action regarding Independent Community Redevelopment Agency Board pursuant to the direction from the Strategic Plan sessions for fiscal year 2015/16. Vice Mayor Casello reminded the Commissioners this issue was discussed at strategic planning and he has given it a great deal of thought. There are a couple of different directions the Commission could take; e.g., having an independent Board made up of all residents, or a mixture of Commissioners and appointed members. However, after the last CRA meeting, he made up his mind that if the Commissioners are going to be held responsible, he would like to see the Board be made up of elected officials only. Vice Mayor Casello understands that he is responsible for his actions as a member of the City Commission and the citizens let him know whether or not he is doing a good or bad job by their votes at election time. He would like to see the members of the CRA Board all elected officials. The elected officials are accountable to the people they represent. Vice Mayor Casello would move to have a CRA Board made up of only elected officials with no appointed citizens. Commissioner McCray asked when was the last time the CRA Board was made up of only elected officials. Although the answer was not readily available, Commissioner McCray confirmed with the City Attorney that the CRA Board was made up of only elected officials in the past. Commissioner McCray agreed with Vice Mayor Casello's comments. Commissioner Fitzpatrick supported having some appointed citizens on the Board because it added broadened experience. Mayor Taylor felt if it isn't broken, don't fix it. This current CRA Board has done a tremendous job with over $300 million of development ongoing. The development community likes to know with whom they are dealing and they do not like to see changes during the process. Delray is having a problem with their independent Board and they want to make it only elected officials. Mayor Taylor does not have a problem with how it is currently running, but he has also been involved when it was only elected officials. He does not have a problem with either configuration. Vice Mayor Casello recognized there were two outstanding individuals on the Board now; however, they are term limited and the next appointees might not be as good. Motion Vice Mayor Casello moved to change the Board to elected officials only. Commissioner McCray seconded the motion that carried 3-1. (Commissioner Fitzpatrick dissented.) 16 Page 259 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 15, 2015 13. LEGAL A. PROPOSED ORDINANCE NO. 15-023 - SECOND READING - PUBLIC HEARING — Approve amendments to the LDR to 1) allow City -initiated requests for rezoning lands to a planned zoning district to be processed without a concurrent master plan or site plan; and 2) exempt City -initiated Future Land Use Map (FLUM) amendment and rezoning requests implementing recommendation of redevelopment plans from the full criteria - based review. (TO BE HEARD ON 10/6/15) B. PROPOSED ORDINANCE NO. 15-024 - SECOND READING - PUBLIC HEARING — Approve Petition to Expand Boundaries of Boynton Village Community Development District. (TO BE HEARD ON 10/6/15) Attorney Cherof reminded the Commissioners the second reading and public hearing of these two Ordinances had been delayed until October 6, 2015 since there was not sufficient time to advertise them after the last Regular Meeting and First Budget Public Hearing held on Thursday, September 3, 2015. 14. FUTURE AGENDA ITEMS A. Inter -local Agreement with CRA pertaining to local government support of Ocean Breeze East project with Related Urban Development Group - October 6, 2015 B. Authorize Commission travel January 12-13, 2016 to Tallahassee to attend Palm Beach County Days - October 6, 2015 15. ADJOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 7:55 p.m. 17 Page 260 of 464 MEETING MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ATTEST: Janet M. Prainito, MMC City Clerk (Transcribed from One (1) Recording (09/16/2015 — 33/ hrs.) 18 SEPTEMBER 15, 2015 �latme C - 011110011111114=61M Gerald Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Page 261 of 464 N • 0 a 1 • • 1 F-Ala"IWAi(WiNg # 11 PRESENT Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Lori LaVerriere, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk Mayor Taylor called the special meeting of the City Commission to order at 8:01 p,m. ROIRIKO"T. W A roll call revealed a quorum was present, Mayor Taylor reviewed the items for consideration as follows: 1 ) Accept the Community Redevelopment Agency Resolution No. R14-06 amending the Community Redevelopment Plan to clarify the time certain for the completion of projects descried in the Community Redevelopment Plan. 2) Establish two public hearing dates to adopt the ordinance 3) Approve the transmittal of notice of the proposed plan amendment to each taxing authority which levies ad valorem taxes on taxable real property contained within the geographical boundaries of the redevelopment area. Vice Mayor Casello moved to accept Community Redevelopment Agency Resolution No. R14-06. Commissioner McCray seconded the motion. The motion passed unanimously. Attorney Cherof advised the public hearing would be September 16th and the second public hearing could be September 29th or 30th. There was consensus to establish the date as September 30th since a quorum would be present. Page 262 of 464 MEETING MINUTES SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FL. SEPTEMBER 9,2014 Motion Vice Mayor Casello moved to establish the public hearing dates as September 16th and September 30th. Commissioner Merker seconded the motion. Vote The motion passed unanimously. A Vice Mayor Casello moved to approve the transmittal of notice of the proposed plan amendment to each taxing authority. Commissioner McCray seconded the motion. The motion passed unanimously. Attorney Cherof established the September 30th meeting would commence at 6 p.m. There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 8:05 p.m. (Continued on next page) K Page 263 of 464 MEETING MINUTES CPECIAL CITY COMMISSION MEETIAG BOYNTON BEACH, FL. SEPTEMBER 9,201-� ATTEST: Janet M. Prainito, MMC City Clerk Jth A. Pyle, CKW !puty City Clerk Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner N Page 264 of 464 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, SEPTEMBER 30, 2014 AT 6 P.M. Jerry Taylor, Mayor Joe Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner ABSENT Michael M. Fitzpatrick, Commissioner CALL TO ORDER Lori LaVerriere, City Manager David Tolces, Assistant City Attorney Judith A. Pyle, Deputy City Clerk Mayor Taylor called the special meeting to order at 6 p.m. Roll call revealed a quorum was present as noted above. 1. PROPOSED RESOLUTION NO. R14-095 - Declaring and confirming that certain areas remain slum or blighted areas as defined in Chapter 163, Part 111, Florida Statutes; declaring a need for rehabilitation of such areas; providing for severability; and providing for an effective date Mayor Taylor read Proposed Resolution No. R14-095, by title only. Motion Commissioner McCray moved to approve Proposed Resolution No. R14-095. Commissioner Merker seconded the motion. There was no discussion by the Commission. Mayor Taylor opened the issue for public comment. No one came forward. Vote The motion passed unanimously. Page 265 of 464 MEETING MINUTES SPECIAL CITY COMMISSION BOYNTON BEACH, FL. SEPTEMBER 30,2014 2. PROPOSED ORDINANCE NO. 14-026 — SECOND READING — PUBLIC HEARING - Approving an amended Community Redevelopment Plan to clarify the time certain for the completion of projects described in the Community Redevelopment Plan; providing authority to modify or amend said plan-, providing for repeal of all ordinances in conflict, severability; and an effective date Attorney Tolces read Proposed Ordinance No. 14-026 by titled only on second reading and announced a public hearing had been scheduled at this time. Commissioner McCray moved to approve Proposed Ordinance No. 14-026 on second reading. Commissioner Merker seconded the motion. Mayor Taylor opened the issue for public hearing. No one came forward. Deputy Clerk Pyle called the roll. The vote was 4-0. There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 6:03 p.m. (Continued on next page.) K Page 266 of 464 MEETING MINUTES SPECIAL CITY COMMISSION BOYNTON BEACH, FL. SEPTEMBER 30, 2014 ATTEST: Janet M. Prainito, MMC City Clerk Vith A. Pyle CMqf e puty puty City Cierky 9 Jerry Taylor, Mayor Joe Casello, Vice Mayor Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner Page 267 of 464 7.A. BIDS AND PURCHASES OVER $100,000 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: Award the bid for a "Two Year Bid for Diesel/Propane Generator and By -Pass Pump Maintenance and Repair Service", Bid No. 066-2821-15/JMA for the Utilities and Facilities Departments to Advance Generator Sales and Service, Inc. of Royal Palm Beach, FL. for an annual anticipated expenditure of $125,000. EXPLANATION OF REQUEST: BID TERM: OCTOBER 6, 2015 THROUGH OCTOBER 5, 2017 On September 15, 2015, the City of Boynton Beach opened two proposals in response to the "Two Year Bid for Diesel/Propane Generator and By -Pass Pump Maintenance and Repair Service" and one (1) "No Bid". Utilities and Facilities Staff reviewed the submitted bids and recommended award to Advance Generator Sales and Service as the lowest, most responsive, responsible bidder. Advance Generator Sales has been performing the solicited services for the City for over twenty (20) years. This bid may be renewed with the same terms and conditions for three (3) additional one-year terms. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This Bid is issued to ensure that the stand-by emergency generators and pumps used by the City are properly maintained and repaired and that the City meets all the reporting requirements of the Federal Regulations (40 CFR Part 63, Subpart 7777) for emergency generators greater than 100 HP (75 KW). The bid award will secure prices for the period of two years for all routine maintenance, emergency repairs and ensure County and Federal compliance for all of the generators and by-pass pumps located through the City. FISCAL IMPACT: Budgeted There is an anticipated increase in annual expenditure due to increased hourly service rates and aging generators and equipment necessitating additional maintenance and repair to guarantee fully functioning emergency generators and by-pass pumps. Expenditures: FY 2015 (to dated FY 2014 001-2511-519-46-25 $30,682. $13,092. 401-2816-536-46-20 $75,986. $56,055. 401-2811-536-46-20 $25,561. $26,566. TOTAL: $132,229.00 $95,713.00 ALTERNATIVES: This solicitation is a Re -Bid; the bid for these services issued in March 2015 was rejected due to one bid response only. These services are mandatory to maintaining our emergency back-up equipment. STRATEGIC PLAN: Page 268 of 464 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Memo D Tab Sheets D Attachment REVIEWERS: Department Finance Finance Legal City Manager Description Memo Recommending Award Tab Sheets Proposal from Advance Generator Reviewer Action Date Howard, Tim Approved 9/29/201 - 8:13 AM Howard, Tim Approved 9/29/2015 - 8:14 AM herof, Jim Approved 9/29/2015 - 12:38 PPA LaVerriere, Lori Approved 10/1/2015 - 9:18 AM Page 269 of 464 The City of Boynton Beach UTILITIES DEPARTMENT 124 East Woolbright Road Boynton Beach, Florida 33435 Phone: (561) 742-6400 Fax: (561) 742-6298 Website: www.boynton-beach.org MEMORANDUM Utilities #2015-12 To: Julie Alibrandi From: James F Sylvain, P.E.; Field Operations Manager l/R/ftes / , yyll alK Date: September 17, 2015 Subject: Bid No. 006-2821-15/JMA award recommendation Staff has reviewed the bids submitted by Advance Generator Sales and Service, Inc., and Power Pro -Tech Services, Inc; and found that Advance Generator Sales and Service, Inc. as the lowest, most responsive, responsible bidder. I therefore recommend that the award of the "Two -Year Bid for Diesel/Propane Generator & By- pass Pump Maintenance and Repair Service" goes to Advance Generator Sales and Service, Inc. Please let me know if you have any questions or concerns. Thank you. Page 270 of 464 4— O N T .J - t1 Z o Cl) N d M N L6 J W y LL O 0 y r-- J O � N t } v a)_ p C m O In w O W Z O a Q Z 0 Lf) m O N J O V O Q d U Z _ i a .E .° -� m LL o E U U EO O O -O T N w N o � w .>_ N o C V cl O t 7 co -O N U C W N ViD N >>N J : O m L.L Q a N a W i1 N N (n (n (n (6 O O O LA o O O O I a% U Q� p o Q rL W W W � co -O 04 p * O O O '0o w 9 LU c fn r � .. ~ } } } 69J. LO C le N LO LO N aa) N > > y y t1 O� N 7 if} fH E9 E9 T N d N 0 H y o Q Q .�0. 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If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check -off" sheets with the proposal sheet in order for a bid to be considered. A Pre -Bid site visit to the various generators is mandatory. Inventories of generato and by-pass pumps are attached to establish the general quantities, size, type, and a during the duration of the bid term there may be additions or deletions to the list equipment. Any system, material, or workmanship which is found to be defective during epaa inspection or test shall be reported to the designated City employee before bein rired be y the tchnician. The service technician(s) must report their arrival and departure from the jobsite to thl U_ appropriate City contact. 4-- Response time is considered to be the time from the placement of the service call to the contractor to the time that the service technician(s) arrives at the jobsite. The awarded contractor must supply emergency contact names and numbers and response time fol emergencies must be within one (1) hour of notification. Emergency response time must be guaranteed by the contractor or the bid will be disqualified. Testing shall be in accordance with NFPA 110, "Standards for Emergency and Standby Powercurrent edition. Bid No. 066-2821-15/JMA Page 274 of 464 StateSuccessful bidder is to follow manufacturer recommended best maintenance/inspection and localpertaining to emergency generators; generatorsnew Federal Regulations (40 CFR Part 63, Subpart ZZZZ) for emergency greater 100 ■' Add non-resettable meter on applicable generators to record the hours of operation. Lubricants, materials, and parts used must be genuine as manufactured and as specified by the manufacturer of the generator and by-pass pump being serviced. 4— Reasonably stockedlubricants,and parts necessaryto keep the generators Lubricants,and by-pass pumps operational must be stocked locally and/or available within twenty- four (24) hours from the service request. • parts used formaintenance/inspection•include the invoice detailing the actual cost with the cost plus noted. Travel time andmileagewill beincurred by the contractoraspartoftheirhourly •will notbe chargedseparately • the City. During declaration of emergencies, i.e., storms or hurricanes, the vendor will supply a service technician to maintain equipment. The City will reserve the right of refusal of service. If a service technician is needed during the emergency, the technician will work 24/7 with City staff to maintain the equipment. The City will provide shelter and food equal to regular staff provisions with the Utilities Department. ■ The term of the contract to be awarded as a result of this bid is two years. The twenty-four month anticipated expenditure for generator and by-pass pump maintenance and repair is Bid No. 066-2821-15/JMA Page 275 of 464 Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 1 -.15 1111 im- 9:9 M 4-3 k1 I av:4211 lazi 4 my lsi 1W Ire time is scheduled for: September 15, 2016, No Later Than 2:30 P.M. (local time) 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. Federal I.D. Number: 9 �' Y 3�3 A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: V-) City/State/Zip: Vendor Mailing Date: �w -1 1 11�14 E Page 276 of 464 0 19 OW--li•Ma - A41-WWAD - U hTS110 10 Page 277 of 464 >26OKW (Greater Than) Emergency Labor Rate s. for emergency service/repairs during non- business hours as referenced above and holidays. 10 Page 277 of 464 >26OKW (Greater Than) of 10 Page 277 of 464 ADVANCE • 12351 59' Street N Royal Palm Beach, FL 334V� Phone: 561-798-4280 561-333-0185 @ ATTACHMENT REF: TASK #1 AND TASK #2 The bid submission is for inspection and routine maintenance for the generators list-• in the proposal - considered to !emergency generators for the City of Boynton Beach. Due to the multitude of engine and parts manufacturers and the age of the equipment associated with the generators listed,, this proposal covers routine maintenance as prescribed on the Emergency Generator/Bypass Pump Inspection/Maintenance Report Form. All other services prescribed by the manufacturers and recommended by Advance Generator Sales and Service,, Inc. shall be submitted to the City of Boynton Beach for consideration and shall be priced in a manner that is consistent with the labor rates described in "Bid Response 066-2821-15/JW. In addition,. parts shall be proposed in 2ccordance with the current/historical methodology of cost + 18%. - &6rdL!"'t Pear 6 ®! Printed Page 278 of 464 contact name/number, type of services provided, and length of service contract. K-0 List of service technicians' certifications submitted. Yes' No The awarded contractor must submit emergency contact names, numbers, and response time for emergencies (no greater than one (1) hour). Yes No Specification "check -off" sheets (Pages 5 — 7) submitted Yes No Insurance requirements are attached. (Attachment A) Yes No Bid price is to be firm fora period of 1)( two years from date of award DATE' F"a NUMBER 51 NUN d, TITLE 61 E -Mail Address5 TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.: 066-2821-15/JMA IU Page 279 of 464 Each Contractor bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal. * attach additional sheets giving the infortnation 1 . Name of Bidder: �dua m 1) 0 ri, vaky 1 ')-2) -�A i 2. Business Address: 3. When rganized: 4. Where Incorporated: Tell ro e—at-b—IL rliu 17-1f) Cl d Ct 1 1 5. How many years have you been engaged in the contracting business under the present firm name? 6. General character of work performed by your company. IM 7. Number of employees. 3 8. Background and experience of principal members of your personnel, including officers. 9. Bonding capacity. 10. Have you ever defaulted on a contract? If so, where and why?* YA THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR Bid No. 066-2821-lS/JMA 22 Page 280 of 464 '11 -11111M $ Value Contact Name Phone # 49, L4 b M NMAn 14LIO-6 �2-751 1 06D,06 OLO , UO 9. Contracts on hand. im EE a M 14. List all lawsuits (construction related) to which you have been a party and which: 1) arose from construction projects: * 2) occurred within the last 4 years:W Dated at: this TA— day of iP 120_n By: (Signature) -4, Name: cW —P3 (Printed or Typed) Title: IIIIIIIIII101 MUM I I a 140S.11 1101 k, MITITIJ I I; 10 M Bid N.,. 066-2821-15/JMA 23 ME M Page 281 of 464 ADVANCE GENERATOR SALES ERVICE9 INC. ? R_= THStreet # 1': Royal Phone: 561-798-4280 561 -333 -0185E -mail: advance-genCatt.net i glencraVTT ♦ a repairs - troubleshooting a Florida Diesel iMarine 1984-1988 RybovichSpencer 1988 Advance Ron tKux has R years experience• i and •, troubleshooting and maintenance. Florida Diesel and Marine 1986-19891 Rybovich Spencer•8! 1f•' Advance Mary Cordis has 22 years experience in office management and generator parts purchasing. Rybovich Spencer Y �,• ter= MU .0 M 10 - Page 282 of 464 =47,11M BID NO.: 066-2821-15/JMA DATE: 4 as.an authorized representative of. (Name and Title of Representative) N� = � M', Company Address M� M bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them !I before submitting his bid or proposal. E FOR MANDATORY REQUIRED THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 Page 283 of 464 Bid No. 066-2821-15/1 25 2F Page 284 of 464 i ! !.Name: ' Lai► Address: Uq b r _ Provided: ContactService J a Phone: 'Fax: x I i. /{ Mail: IN Company {. o �4, ContactIPA 7 r / /r r LTA ! Company Name:6 Address: mmiio _ �. l .: h. !- . Phone- * w y i :. / & Bid No. 066-2821-15/1 25 2F Page 284 of 464 R @ Page 285 0 484 F -IM RJW��U IJ W.�AIUK M641.07 ' O DATE SUBMITTED:--Akqh-.�...... We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, appanatus, means of transportation, construction, coordination, labor and services necessary to complete the work specified by the Contract locuments. Having examined the project site, we propose to perform the work of this Bid according to the Contrac! documents and the following addenda which we have received: ADDENDUM NO. PATE JJCJTjTJJJ:J MEMO=— I YI#--KWPTPA-CM%ET'f BE COrISIDERED COMPLLI L AND ACCEPTABLE Bid No. !• 27 Page 286 of 464 The City of Boynton Beach DATE: September 3, 2015 BID TITLE: "A TWO YEAR BID FOR DIESEL/PROPANE GENERATOR AND BY- PASS PUMP MAINTENANCE AND REPAIR SERVICE' (RE -BID) The following changes, additions, deletions, and/or information are hereby made a part of the Bid for "A Two Year Bid for DiesellPropane Generator and By -Pass Pump Maintenance and Repair Service" Page 6 and 7 reference Federal Regulations 40 CFR Part 63, Subpart ZZZZ and NESHAP emissions testing; this regulation is applicable to generators in specific applications, please provide clarification as to which of your generators fall under this Regulation and provide a defined scope of work which will be required to meet your requirements for these generators. ANSWER: See the attached fact sheet for the Federal Regulations 40 CFR part 63, Subpart = The scope of work is to provide the City of Boynton Beach pricing proposals for lab parts and materials for the maintenance and repairs (Tasks I and 2) to its emergency diesellpropane power generators for both portable and stationary, and for by -pa pumps located throughout the City of Boynton Beach. 11 Addendum No.1 Page 1 Page 287 of 464 FinancelProcurement Services 100 E. Boynton Beach Boulevard Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX. (561) 742-6316 DATE: September 3, 2015 BID TITLE: "A TWO YEAR BID FOR DIESEL/PROPANE GENERATOR AND BY- PASS PUMP MAINTENANCE AND REPAIR SERVICE' (RE -BID) The following changes, additions, deletions, and/or information are hereby made a part of the Bid for "A Two Year Bid for DiesellPropane Generator and By -Pass Pump Maintenance and Repair Service" Page 6 and 7 reference Federal Regulations 40 CFR Part 63, Subpart ZZZZ and NESHAP emissions testing; this regulation is applicable to generators in specific applications, please provide clarification as to which of your generators fall under this Regulation and provide a defined scope of work which will be required to meet your requirements for these generators. ANSWER: See the attached fact sheet for the Federal Regulations 40 CFR part 63, Subpart = The scope of work is to provide the City of Boynton Beach pricing proposals for lab parts and materials for the maintenance and repairs (Tasks I and 2) to its emergency diesellpropane power generators for both portable and stationary, and for by -pa pumps located throughout the City of Boynton Beach. 11 Addendum No.1 Page 1 Page 287 of 464 2. Page 7 indicates load bank testing in Task 2 annual inspection, please clarify which generators must be load bank tested during the annual inspection and the required duration of the load bank tests. Will a separate pricing line be provided for the load bank tests, or are they to be included in annual fixed cost per generator? ANSWER., Load Bank Testing is for portable generators 2glE The Load Bank Test duration will be as recommended by the generator manufacturer of for two (2) hours continuous. Price is to be included in annual fixed cost per generator. 3. Page 17 requests fixed cost pricing for quarterly inspections per generator with three different columns based on generator size. Please confirm whether the pricing for these items should be per each quarterly inspection or a total cost for three quarterly inspections. Please provide the estimated KW size for the various portable by-pass pumps so we know the appropriate pricing category for these pieces of equipment. ANSWER: Refer to the Utilities Department portable by-pass pump list provided as an Attachment to the Bid documents. The pumps are not sized by KIM but by discharge pipe sizes which are provided in the document Additional information on individual pumps may be obtained from the pump manufacturer which is also provided in the document IIIIIIIIIIIIIIIII �i� 11 1 - - Man--jr-E=- a Tim W. Howard Addendum No.1 Page 2 Page 288 of 464 REQUEST FOR D FOR 1 YEAR CONTRACT Y. ! ! Y Y GENERATOR k BY-PASSND RESPONDENT MUST SIGN, DATE AND INCLUDE THIS 'ACKNOWLEDGEMENT OF ADDENDUM No. 1"WITH BIDIN i L TO BE CONSIDERED COMPLETE AND ACCEPTABLE. COMPANY:NAME OF r 1 i 06rdis �t PRINT ! i O REPRESENTATIVE i. M'� OF REPRESENTATIVE iF, (lIM+ft �-- -)) / q // �F T Addendum Page 289 of 464 M pperators. R i i' a s � 1 a v ♦ N# engines smaller than A0 HP at majors !1 HP at area sources where this inspection can be deferred to every 1000 hours. i AM X# ♦ • # M with #; ceeping. Records of maintenance per manufactureesrequirementss crankcase systems (dosed ventilation or open filtration) for covered engines over 300 HP. t. fi r#'. Including Initial notification, notification of performance test, and notification of compliance. Deviationsand malfunctions must also be 'cf :a Annual fuel consumptionis annual value reports are also required. Paul Kalamaras at 561-837-S946 or Page 290 of 464 State of f1b P-1 d a County of Poll M P)-pael, JachnsJ L_ On V being first duly sworn, deposes and says t4it: seC4 )h 1 ) H e i s of ALo hl,� vu 1 (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 al, pertinent circumstances respecting such 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 ot its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me This / sib day of , 2V6- My commission expires (Signed) %nomm LORMA D REM 066M 28' ;r2017 I. R My COMMSS& # FF 00790 EXPIRES' Decomber2e.2017 �kp gs AGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 066-2821-lS/JMA OW Page 291 of 464 611 9§ Iii? Till 11 � E�� Himila y'l By: NAME - SIGNATURE Sworn and subscribed befor this day of E. 0 E E I io N�M NOTARY PUBLIC, State of Florida at Large ZNA M CE126 V 11"N TITLE fli COMPANY TAIS PAUE TO BE 51,131,11ITTED IN ORDER FOR BID PACKAG? TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 066-2821-15/JMA 29 Page 292 of 464 yn'%7"071 1, l!''i, Lill 1. 1.1111 ilease 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 resRRnse. I Yes No If Yes, please indicate by an 'l in the appropriate box: AMERICAN INDIAN ASIAN BLACK HISPANIC O WOMEN OTHER (specify) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES m I anirlil, Date of Certification Bid No. 066-2821-15/JMA go Page 293 of 464 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. 1) 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. Vendor's Signature TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 066-2821-15/JMA M Page 294 of 464 .Wala I �1111 1111, ; !III iii�� il� i ;Iii � ' ' � 11; �J 10 �11; 1111�� 4,'1114M NaflP2111 MX 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. � At (AWK& Lprurak C01ITt.0,CTO, VATIE Title: W-61 al�qp'�Y\k Date: TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 066-2821-15/JMA 32 Page 295 of 464 ,a.. y.. . Mar,y Cordis =7 Page 296 0 464 V PUBLIC HEARING 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15-025 - FIRST READING - PUBLIC HEARING - Approve MILK South (LUAR 15-001) Future Land Use Map amendment from Local Retail Commercial (LRC) and Medium Density Residential (MeDR) to Mixed Use (MX), and PROPOSED ORDINANCE NO. 15-026 - FIRST READING - PUBLIC HEARING - Approve rezoning from C-2 (Neighborhood Commercial District) and R-2 (Single -and Two -Family Residential District), to MU -1_2 (Mixed Use Low Intensity 2 District). Applicant: City -initiated at the CRA request. EXPLANATION OF REQUEST: The subject application has been initiated by the City staff at the request of the CRA. It is one of the two concurrently processed City -initiated land use amendments/rezonings supporting redevelopment projects in the Heart of Boynton Community Redevelopment Area (the second application is for Ocean Breeze East). Amendments to the Land Development Regulations, pertaining to City -initiated land use amendments/rezonings such as represented by the subject request, are also currently under review by the City Commission (the amendments were approved by the City Commission on first reading on September 3, 2015). The proposed regulatory changes promote proactive, city -initiated application of future land use classification and zoning to selected sites if recommended by redevelopment plans or other significant planning documents. "Proactive" means that no developer as yet has come forward with a specific project. The proposed land use amendment/ rezoning is consistent with the Proposed Land Use Map of 2014 adopted within the Heart of Boynton Community Redevelopment Plan. The map shows the Commercial/Multifamily use category on the east side of the North Seacrest Boulevard between NE 9th Avenue and NE 11th Avenue (see Exhibit "B"). It encompasses the area subject to the proposed land use amendment and rezoning. The Commercial/Multifamily category recommended for the future MILK South project permits density up to 30 dwelling units per acre. Thus, it promotes significant commercial nodes at the intersection of North Seacrest Boulevard and Martin Luther King, Jr. Boulevard as well as residential development with density high enough to support them. This recommended maximum density corresponds to the maximum allowable density of the proposed Mixed Use Future Land Use category under the MU -1_2 zoning. The HOB Plan's Commercial/Multifamily category recommended for this intersection gives priority to commercial uses. While the proposed Mixed Use land use classification could result in a future MILK South project to be predominantly residential, staff understands that the CRA, who controls most of the land, will ultimately support the desirable master plan for the project. Moreover: In September 2014 the City approved the Family Dollar site plan for the southeast corner of North Seacrest Boulevard and Martin Luther King, Jr. Boulevard, directly west of the future MILK South project. This project, which involves an area slightly smaller than that of the Plan's "MILK Commercial Center," is currently under construction. • The CRA land assembly efforts also target the northern section of the recommended Commercial/Multifamily area, located between Martin Luther King, Jr. Boulevard and NE 11 th Avenue. Properties fronting on the north side of Martin Luther King, Jr. Boulevard already carry the C-2 Page 297 of 464 (Neighborhood Commercial) zoning; roughly half of this area is at present under the CRA ownership and is being considered a potential site of a future neighborhood market, long desired by the HOB community residents. To accommodate the market and potential other commercial uses, commercial zoning can eventually be extended further north to NE 11th Avenue. • The residential component of the future project would help to increase demand for larger commercial developments, contributing to more substantial commercial nodes. The proposed land use amendment/rezoning is also consistent with the City's Comprehensive Plan. Redevelopment plans are adopted into the Comprehensive Plan by reference; the Plan directs the City to implement their recommendations, and, specifically, supports land assembly to promote redevelopment in the CRA area. Staff recommends that the request be approved. The Planning and Development Board recommended that the subject request be approved on September 22, 2015. For further details pertaining to the request, see attached Department Memorandum 15-030. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: n/a ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: Action Item - City 1.6/CRA 1.2 Promoting land assembly on and redevelopment of MILK Jr. Blvd. and the implementation of the 2014 HOB Community Redevelopment Plan. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Ordinance D Ordinance D Addendum D Addendum D Memo REVIEWERS: Department Reviewer Description Ordinance Approving MLK South Land Use Amendment Ordinance approving MLK South Rezoning Exhibit A - MLK South Location Map Exhibit b - HOB Community Redevelopment Plan Dept Memo 15-030 Action Date Page 298 of 464 Rumpf, Michael Approved Mack, Andrew Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved 9/18/2015 - 11: 10 AM 9/2420]5-¢ PNA 9/2820]5-&50»9 9/29/2015 - 4:16 PM 9/30/2015 - 4:58 PM Page 299 of 464 1 ORDINANCE NO. 15- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY OWNED BY VARIOUS OWNERS AND LOCATED 7 APPROXIMATELY 125 FEET EAST FROM NORTH SEACREST 8 BOULEVARD BETWEEN MARTIN LUTHER KING JR 9 BOULEVARD AND NORTHEAST 9TH AVENUE; CHANGING THE 10 LAND USE DESIGNATION FROM LOCAL RETAIL COMMERCIAL 11 (LRC) AND MEDIUM DENSITY RESIDENTIAL (MeDR) TO MIXED 12 USE (MX); PROVIDING FOR CONFLICTS, SEVERABILITY, AND 13 AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 17 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 18 Comprehensive Planning Act; and 19 WHEREAS, the procedure for amendment of a Future Land Use Element of a 20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 21 WHEREAS, after two (2) public hearings the City Commission acting in its dual 22 capacity as Local Planning Agency and City Commission finds that the amendment 23 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 24 the best interest of the inhabitants of said City to amend the aforesaid Element of the 25 Comprehensive Plan as provided. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 2 7 CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 29 herein by this reference. 30 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\E89A9BB4-E005-4AB4-AF69-10FF7EEABE2F\Boynton Beach. 2010.LMLK South LUAR - Ordinance.doc Page 300 of 464 31 following: 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 That the Future Land Use of the following described land located approximately 125 feet east from North Seacrest Boulevard, between Martin Luther King, Jr. Boulevard and Northeast 9th Avenue; changing the land use designation from Local Retail Commercial (LRC) and Medium Density Residential (MeDR) to Mixed Use (MX). LOTS 4 THROUGH 13, INCLUSIVE, BLOCK 4 AND LOTS 5 THROUGH 13, INCLUSIVE, BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE SOUTH 100 FEET OF THE WEST 5 FEET OF LOT 20, AND LOTS 21 AND 22, ROBERT WELLS' SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 66, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE NORTH 10 FEET FOR ROAD RIGHT-OF-WAY PURPOSES. AND TOGETHER WITH: LOT 172, ARDEN PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 96, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Section 3: That any maps adopted in accordance with the Future Land Use Element of the Future Land Use Plan shall be amended accordingly. 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 the 60 remainder of this Ordinance. 61 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 62 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 63 Land Development Regulation Act. No party shall be vested of any right by virtue of the C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\E89A9BB4-E005-4AB4-AF69-10FF7EEABE2F\Boynton Beach. 2010.LMLK South LUAR - Ordinance.doc Page 301 of 464 64 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 65 including appeals, are exhausted. In the event that the effective date is established by state law or 66 special act, the provisions of state act shall control. 67 FIRST READING this day of , 2015. W. 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 SECOND, FINAL READING and PASSAGE this day of , 2015. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\E89A9BB4-E005-4AB4-AF69-10FF7EEABE2F\Boynton Beach. 2010.LMLK South LUAR - Ordinance.doc Page 302 of 464 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT ASSOCIATION, AMENDING THE OFFICIAL ZONING MAP TO REZONE A PARCEL OF LAND LOCATED APPROXIMATELY 125 FEET EAST FROM NORTH SEACREST BOULEVARD, BETWEEN MARTIN LUTHER KING JR BOULEVARD AND NORTHEAST 9TH AVENUE AS MORE FULLY DESCRIBED HEREIN, FROM NEIGHBORHOOD COMMERCIAL DISTRICT (C-2) AND SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT (R-2) TO MIXED USE LOW INTENSITY 2 DISTRICT (MU -L2); 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; 19 and 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, City staff has initiated a Petition at the request of the Boynton Beach CRA to rezoning a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning 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 the Land Use described in the City's Comprehensive Plan; 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: C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\863F717B-803E-41D3-AF76-779B40823C4A\Boynton Beach. 2011.1. Rezoning _-_MLK_S outh. doc Page 303 of 464 31 Section 1. The foregoing Whereas clauses are true and correct and incorporated 32 herein by this reference. 33 Section 2. The following described land located approximately 125 feet east from 34 North Seacrest Boulevard, between Martin Luther King, Jr., Boulevard and Northeast 9th 35 Avenue is hereby rezoned from Neighborhood Commercial District (C-2) and Single and 3 6 Two -Family Residential District (R-2) to Mixed Use Low Intensity 2 District (MU -L2): 37 LOTS 4 THROUGH 13, INCLUSIVE, BLOCK 4 AND LOTS 5 THROUGH 13, 38 INCLUSIVE, BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, 39 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, 40 PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 41 42 TOGETHER WITH: 43 44 THE SOUTH 100 FEET OF THE WEST 5 FEET OF LOT 20, AND LOTS 21 AND 45 22, ROBERT WELLS' SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS 46 RECORDED IN PLAT BOOK 11, PAGE 66, PUBLIC RECORDS OF PALM 47 BEACH COUNTY, FLORIDA, LESS THE NORTH 10 FEET FOR ROAD RIGHT - 48 OF -WAY PURPOSES. 49 50 AND TOGETHER WITH: 51 52 LOT 172, ARDEN PARK, ACCORDING TO THE PLAT THEREOF AS 53 RECORDED IN PLAT BOOK 2, PAGE 96, PUBLIC RECORDS OF PALM BEACH 54 COUNTY, FLORIDA. 55 56 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 57 reference. 58 Section 3. That the Zoning Map of the City is amended to reflect this rezoning. 59 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 60 repealed. 61 Section 5. Should any section or provision of this Ordinance or any portion thereof be 62 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 63 remainder of this Ordinance. C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\863F717B-803E-41D3-AF76-779B40823C4A\Boynton Beach. 2011.1. Rezoning _-_MLK_S outh. doc Page 304 of 464 64 Section 6. This ordinance shall become effective immediately upon passage. 65 FIRST READING this day of , 2015. 66 SECOND, FINAL READING and PASSAGE this day of , 2015. 67 CITY OF BOYNTON BEACH, FLORIDA 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 ATTEST: 85 86 87 88 Janet M. Prainito, MMC 89 City Clerk 90 91 92 93 (Corporate Seal) 94 Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\863F717B-803E-41D3-AF76-779B40823C4A\Boynton Beach. 2011.1. Rezoning _-_MLK_S outh. doc Page 305 of 464 Exhibit A MLK SOUTH (LUAR 15-001) LOCATION MAP Legend Land Use Categories MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) 0 25 50 100 150 200 Feet Page 306 of 464 Exhibit B Heart of Boynton Community Redevelopment Plan Proposed Land Use Map: HOB East, Update 2014 'u bl is Use ____ ____.__ . __.__ __ ____ _ Single Family_4feet _............ .... ...Density: 11-30 units/acre �� � 1111j,tY,tqmpMax Height: 45 feet Density: 11 - Max Height: __w_ ----------- Commercial /:Multi -Family tion Commercial / Multi -Family Multi -Family 0mF�I-R. FSingleo Familyl Legend Single Family 0 Multi -Family 0 Multi -Family /Commercial = Commercial / Multi -Family Light Industrial 0 Recreation 0 Public Use 6th Ave NE 6th N 0 75 150 300 450 600 Feet Page 307 of 464 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 15-030 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: August 14, 2015 PROJECT: MLK South LUAR 15-001 REQUEST: Approve MLK South Future Land Use Map amendment from Local Retail Commercial (LRC) and Medium Density Residential (MeDR) to Mixed Use (MX), and rezoning from C-2 (Neighborhood Commercial District) and R-2 (Single -and Two -Family Residential District), to MU -1_2 (Mixed Use Low Intensity 2 District). PROJECT DESCRIPTION Property Owner: Boynton Beach CRA (10 parcels), private owners (7 parcels) Applicant: Vivian Brooks, CRA Executive Director Location: Approximately 125 feet east from North Seacrest Boulevard, between Martin Luther King, Jr. Boulevard and NE 9t" Avenue (Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (LRC) and Medium Density Residential (MeDR)/ C-2 (Neighborhood Commercial District) and R-2 (Single -and Two -Family Residential District) Proposed Land Use/ Zoning: Mixed Use (MX)/ MU -1_2 (Mixed Use Low Intensity 2 District) Acreage: +/- 2.97 acres Page 308 of 464 Page 2 MLK South LUAR 15-001 Adjacent Uses: North: Right-of-way for Martin Luther King, Jr. Boulevard, and farther north, six vacant parcels classified Local Retail Commercial (LRC) and Medium Density Residential (MeDR) and zoned C-2 (Neighborhood Commercial District) and R-2 (Single -and Two - Family Residential District); South: Right-of-way for NE 9t" Avenue, and farther south, a developed property of the Saint John's Missionary Baptist church, classified Public and Private Governmental/Institutional and zoned R-2 (Single -and Two -Family Residential District); at the south-east, right-of-way for NE 1St Street and the City's Public Works facility, classified Public and Private Governmental/ Institutional and zoned PU (Public Usage); East: Northeast, rental triplex, then St. Cuthbert Episcopal Church and, further east, a developed 10 -unit rental property and a duplex; southeast, a duplex, then a vacant property, and further southeast developed single-family homes. All the above properties classified Medium Density Residential (MeDR) and zoned R-2 (Single -and Two -Family Residential District); West: Commercial property (Family Dollar store under construction), classified Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial District); farther west, right-of-way for North Seacrest Boulevard. BACKGROUND The area subject to the proposed Future Land Use Map amendment and rezoning consists of seventeen (17) parcels, ten (10) of which are owned by the Boynton Beach Community Redevelopment Agency (CRA). The remaining seven (7) parcels are privately owned, five of which by a single entity. The goal of this land assembly, undertaken by the CRA for a future project herein after referred to as MLK South, is to implement recommendations of the 2014 update of the Heart of Boynton Community Redevelopment Plan (the Plan). The subject application has been initiated by the City staff at the request of the CRA. It is one of the two concurrently processed City -initiated land use amendments/rezonings supporting redevelopment projects in the Heart of Boynton Community Redevelopment Area (the second application is for Ocean Breeze East). Amendments to the Land Development Regulations, pertaining to City -initiated land use amendments/rezonings such as represented by the subject request, are also currently under review by the City 2 Page 309 of 464 Page 3 MLK South LUAR 15-001 Commission (the amendments were approved by the City Commission on first reading on September 3, 2015). The proposed regulatory changes promote proactive, city - initiated application of future land use classification and zoning to selected sites if recommended by redevelopment plans or other significant planning documents. "Proactive" means that no developer as yet has come forward with a specific project; however, it may be argued that developers will likely give priority to sites with a desired zoning designation "on the ground", since: • The current future land use and zoning designation may not be consistent with the redevelopment plans or other plans documenting the City's vision and may deter a valuable potential applicant from pursuing his/her inquiry any further, resulting in a loss of a project for the City, and • It better prepares properties that may be developed using Low Income Housing Tax Credit (LIHTC) financing mechanism. The program, which provides nonprofit and for-profit developers with a dollar -for -dollar reduction in federal tax liability in exchange for the development of affordable rental housing, requires zoning to be on the ground at the time of the application. In the past, this rule prevented some potential redevelopment projects under consideration to proceed. A severe and worsening shortage of affordable rental housing underscores the need to address this problem. ANALYSIS The Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3 list criteria used to review Comprehensive Plan Map amendments and rezonings. However, the subject land use amendment/rezoning is initiated by the City, at the request of the CRA. In this case—pursuant to the recently approved amendments to the Land Development Regulations—the following rules apply: • No master plan needs to be submitted concurrent with a planned district rezoning as typically required; and • The only criterion that the subject request must meet is the "Consistency" criterion, which reads: "Consistency. Whether the proposed FLUM amendment and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations. Approvals of requests to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency." As corroborated in the analysis below, the subject request meets this criterion. Consistency with redevelopment plans 3 Page 310 of 464 Page 4 MLK South LUAR 15-001 The 2014 Heart of Boynton Community Redevelopment Plan's Proposed Land Use Map shows Commercial/Multifamily use category on the east side of the North Seacrest Boulevard between NE 9th Avenue and NE 11th Avenue (see Exhibit "B"). It encompasses the area subject to the proposed land use amendment and rezoning. Note that, to allow flexibility within the specified residential density thresholds, the map's use categories do not correspond to specific future land use classifications as defined by the City's Comprehensive Plan. The Commercial/Multifamily category recommended for the future MLK South project permits density up to 30 dwelling units per acre. Thus, it promotes significant commercial nodes at the intersection of North Seacrest Boulevard and Martin Luther King, Jr. Boulevard as well as residential development with density high enough to support them. This recommended maximum density corresponds to the maximum allowable density of the proposed Mixed Use Future Land Use category under the MU -1_2 zoning. (The existing Moderate Density Residential Future Land Use classification has the maximum density of 10 units/acre while no residential uses are permitted on the remaining part of the subject area, under Local Retail Commercial with C-2 zoning). The HOB Plan's Commercial/Multifamily category recommended for this intersection gives priority to commercial uses. The Plan also includes an "MLK Commercial Center" on the southeast corner of the intersection as one of the six major redevelopment opportunities in the Heart of Boynton. While the proposed Mixed Use land use classification could result in a future MLK South project to be predominantly residential, staff understands that the CRA, who controls most of the land, will ultimately support the desirable master plan for the project. Moreover: • In September 2014 the City approved the Family Dollar site plan for the southeast corner of North Seacrest Boulevard and Martin Luther King, Jr. Boulevard, directly west of the future MLK South project. This project, which involves an area slightly smaller than that of the Plan's "MLK Commercial Center," is currently under construction. • The CRA land assembly efforts also target the northern section of the recommended Commercial/Multifamily area, located between Martin Luther King, Jr. Boulevard and NE 11th Avenue. Properties fronting on the north side of Martin Luther King, Jr. Boulevard already carry the C-2 (Neighborhood Commercial) zoning; roughly half of this area is at present under CRA ownership and is being considered a potential site of a future neighborhood market, long desired by the HOB community residents. To accommodate the market and potential other commercial uses, commercial zoning can eventually be extended further north to NE 11th Avenue. • The residential component of the future project would help to increase demand for larger commercial developments, contributing to more substantial commercial 4 Page 311 of 464 Page 5 MLK South LUAR 15-001 nodes. A comparison of Exibits A (the MLK South boundary) and B (the 2014 Plan's Proposed Land Use Map) shows that the MLK South's boundary extends slightly past the boundary of the recommended "Commercial/Multi-Family" area (with the maximumn density of 30 units per acre) and into the area of "Multi -Family," where the recommended maximum density is a lower 20 units per acre and no commercial uses are allowed. This difference will be addressed with the master plan for the future development as needed. Consistency with the Comprehensive Plan Redevelopment plans are adopted into the Comprehensive Plan by reference; the Plan directs the City to implement their recommendations, and, specifically, supports land assembly to promote redevelopment in the CRA area: Objective 1.7 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans within the commercial and residential Community Redevelopment Area. This includes areas east of I-95, notably in the Federal Highway corridor, the Heart of Boynton and Boynton Beach Boulevard areas, and the Ocean District. Policy 1.7.1 The City shall consider the recommendations of adopted Community Redevelopment Plans and design guidelines when reviewing all requests for land use amendments and rezonings for property within the Community Redevelopment areas. Policy 1. 7.2 The City shall encourage land assembly to promote large-scale redevelopment and infill projects. Please also note that even though the Comprehensive Plan policies include requirements pertaining to ratio of residential to non-residential uses for mixed use land use classifications, they are not applicable to each specific project. Per Policy 1.3.1. d: Land use types shall be permitted according to the following ranges, expressed as a percentage of the total area in this plan designation. The percentages shall be applied on an areawide basis but shall not be interpreted to require each development to have a mixture of uses. Ranges of Allowable Percentages of Land Use Within the Area.- Residential rea.Residential 70%-90 Non-residential 10%-30 5 Page 312 of 464 Page 6 MLK South LUAR 15-001 The cumulative development in these areas shall be monitored to ensure that the proportional mix of uses is achieved by the year 2025. Staff will continue to monitor the cumulative percentage of these uses as developments occur. Master Plan/ Site Plan for the future proiect A master plan/site plan ultimately to be submitted for the future project must meet development standards of the LDR, namely Chapter 3, Article III., Section 1.E., Table 3- 4, Mixed Use Urban Building and Site Regulations. The CRA has been actively marketing this property and will provide information on the status of its efforts during the presentation at the public hearings. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and determined that they are consistent with the policies of the Comprehensive Plan and implement recommendations of the Heart of Boynton Community Redevelopment Plan. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\MLK LUAR and REZN\LUAR 15-001 MLK South Staff Report.doc M Page 313 of 464 PUBLIC HEARING 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15-027 - FIRST READING - PUBLIC HEARING - Approve Ocean Breeze East (LUAR 15-003) Future Land Use Map amendment from High Density Residential (HDR) to Mixed Use (MX) and PROPOSED ORDINANCE NO. 15-028 - FIRST READING - PUBLIC HEARING - Approving rezoning from R-3 (Multi -Family Residential District) to MU -1_2 (Mixed Use -Low Intensity 2 District). Applicant: City -initiated at the request of CRA EXPLANATION OF REQUEST: The subject application has been initiated by the City staff at the request of the CRA. It is one of the two concurrently processed City -initiated land use amendments/rezonings supporting redevelopment projects in the Heart of Boynton Community Redevelopment Area (the second application is for MILK South). Amendments to the Land Development Regulations, pertaining to City -initiated land use amend ments/rezoni ngs such as represented by the subject request, are also currently under review by the City Commission (the amendments were approved on the first reading during the September 3, 2015, Commission meeting). The proposed regulatory changes promote proactive, city -initiated application of future land use classification and zoning to selected sites if recommended by redevelopment plans or other significant planning documents. "Proactive" means that no developer as yet has come forward with a specific project. The 2014 Heart of Boynton Community Redevelopment Plan update lists two recommendations relevant to the proposed land use amendment and rezoning for Ocean Breeze East. Firstly, it lists "Ocean Breeze East Mixed Use Development" as one of the six major redevelopment project opportunities in the Heart of Boynton. The project's boundaries are clearly indicated on the "Heart of Boynton 2013 Master Plan" and coincide with the boundaries of the subject site. Also, the Proposed Land Use Map shows the Multifamily/Commercial use category on the east side of the North Seacrest Boulevard, extending from NE 4th Avenue to NE 9th Avenue. The Multifamily/Commercial category recommended for the Ocean Breeze East area permits density up to 40 dwelling units per acre; it promotes small commercial uses facing Seacrest Boulevard, but it emphasizes residential development with density high enough to support not only such small scale commercial uses but also the larger commercial nodes at the nearby intersection of North Seacrest Boulevard and Martin Luther King, Jr. Boulevard. The subject request, if approved, would advance implementation of the Ocean Breeze East Mixed Use Development as proposed by the Heart of Boynton Community Redevelopment Plan Update; it will also be consistent with the 2014 Heart of Boynton Community Redevelopment Plan's Proposed Land Use Map. The proposed MU -1_2 (Mixed Use Low Intensity 2 District) zoning carries a maximum density of 30 dwelling units per acre; however, since the Ocean Breeze East site is located within the Downtown Transit -Oriented Development District, the project's density can be increased by 25%, bringing it to 37 units per acre. The proposed land use amendment/ rezoning is also consistent with the City's Comprehensive Plan. Page 314 of 464 Redevelopment plans are adopted into the Comprehensive Plan by reference; the Plan directs the City to implement their recommendations, and, specifically, supports land assembly to promote redevelopment in the CRA area. Staff recommends that the request be approved. The Planning and Development Board recommended that the subject request be approved on September 22, 2015. For further details pertaining to the request , see attached Department Memorandum 15-032. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: n/a ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: Action Item City 1.1/CRA 1.1 supporting the Ocean Breeze East project with the needed Future Land Use Classification and Zoning District, and which further implements the 2014 HOB Community Redevelopment Plan. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving Ocean Breeze East Rezoning D Ordinance Ordinance approving Ocean Breeze East Land Use Amendment D Addendum Exhibit A - Ocean Breeze East Location Map D Addendum Exhibit b - HOB Community Redevelopment Plan D Memo Dept Memo 15-032 REVIEWERS: Department Reviewer Action Date Planning & Zoning Rumpf, Michael Approved 0/13/2015 - 11:17 AM Development Mack, Andrew Approved 0/24/2015 - 4:40 PM Finance Howard, Tim Approved 0/23/2015 - 3:52 AM Legal Swanson, Lynn Approved 0/30/2015 - 10:45 AM City Manager LaVerriere, Lori Approved 0/30/2015 - 4:53 PM Page 315 of 464 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT ASSOCIATION, AMENDING THE OFFICIAL ZONING MAP TO REZONE A PARCEL OF LAND LOCATED BETWEEN NORTH SEACREST BOULEVARD ON THE WEST, NORTHEAST 1sT STREET ON THE EAST, NORTHEAST 7TH AVENUE ON THE NORTHD AND NORTHEAST 6TH AVENUE ON THE SOUTH AS MORE FULLY DESCRIBED HEREIN, FROM MULTI -FAMILY RESIDENTIAL DISTRICT (R-3) TO MIXED USE LOW INTENSITY 2 DISTRICT (MU -L2); 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; 18 and 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, City staff has initiated a Petition at the request of the Boynton Beach CRA to rezoning a parcel of land more particularly described hereinafter; and WHEREAS, the City Commission, following required notice, conducted a public hearing to consider the rezoning 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 the Land Use described in the City's Comprehensive Plan; 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8FD20168-D087-4114-A7F2-77EFA4D7C7B4\Boynton Beach. 2022.1. Rezoning _-_Ocean_Breeze_East. doc Page 316 of 464 31 herein by this reference. 32 Section 2. The following described land bounded by North Seacrest Boulevard on 33 the west, Northeast 1st Street on the east, Northeast 7th Avenue on the north and Northeast 6th 34 Avenue on the south is hereby rezoned from Multi -Family Residential District (R-3) to Mixed 35 Use Low Intensity 2 District (MU -L2): 36 OCEAN BREEZE EAST 37 38 LOTS 1 THROUGH 12, INCLUSIVE, BLOCK 1, PALM BEACH COUNTRY CLUB 39 ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 40 BOOK 11, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 41 LESS ALL THAT PORTION OF LOTS 1 AND 2 LYING WEST OF THE EAST 42 RIGHT OF WAY LINE, AND LESS THE EXTERNAL AREA OF A 20 FOOT 43 RADIUS CURVE, OF SEACREST BOULEVARD AS SHOWN ON THE RIGHT OF 44 WAY MAP THEREOF, RECORDED IN ROAD BOOK 5, PAGE 182, PUBLIC 45 RECORDS OF PALM BEACH COUNTY, FLORIDA. 46 47 TOGETHER WITH: 48 49 THE SOUTH 1/2 OF THE EAST 1/2 OF LOT 2 OF THE SUBDIVISION OF THE 50 WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 45 SOUTH, 51 RANGE 43 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4, PUBLIC 52 RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 25 FEET 53 FOR N.E. IST STREET RIGHT OF WAY, LESS THE SOUTH 25 FEET FOR N.E. 54 6TH AVENUE RIGHT OF WAY, AND LESS ALL THAT PORTION THEREOF 55 LYING WEST OF THE EAST RIGHT OF WAY LINE, AND LESS THE 56 EXTERNAL AREA OF A 20 FOOT RADIUS CURVE, OF SEACREST 57 BOULEVARD AS SHOWN ON THE RIGHT OF WAY MAP THEREOF, 58 RECORDED IN ROAD BOOK 5, PAGE 182, PUBLIC RECORDS OF PALM 59 BEACH COUNTY, FLORIDA. 60 61 A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 62 reference. 63 Section 3. That the Zoning Map of the City is amended to reflect this rezoning. 64 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 65 repealed. 66 Section 5. Should any section or provision of this Ordinance or any portion thereof be 67 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8FD20168-D087-4114-A7F2-77EFA4D7C7B4\Boynton Beach. 2022.1. Rezoning _-_Ocean_Breeze_East. doc Page 317 of 464 68 remainder of this Ordinance. 69 Section 6. This ordinance shall become effective immediately upon passage. 70 FIRST READING this day of , 2015. 71 SECOND, FINAL READING and PASSAGE this day of , 2015. 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 97 98 99 CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\8FD20168-D087-4114-A7F2-77EFA4D7C7B4\Boynton Beach. 2022.1. Rezoning _-_Ocean_Breeze_East. doc Page 318 of 464 1 ORDINANCE NO. 15- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY OWNED BY VARIOUS OWNERS AND BOUNDED BY 7 NORTH SEACREST BOULEVARD ON THE WEST, NORTHEAST 8 1sT STREET ON THE EAST, NORTHEAST 7TH AVENUE ON THE 9 NORTH AND NORTHEAST 6TH AVENUE ON THE SOUTH; 10 CHANGING THE LAND USE DESIGNATION FROM HIGH 11 DENSITY RESIDENTIAL (HDR) TO MIXED USE (MX); 12 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 17 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 18 Comprehensive Planning Act; and 19 WHEREAS, the procedure for amendment of a Future Land Use Element of a 20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 21 WHEREAS, after two (2) public hearings the City Commission acting in its dual 22 capacity as Local Planning Agency and City Commission finds that the amendment 23 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 24 the best interest of the inhabitants of said City to amend the aforesaid Element of the 25 Comprehensive Plan as provided. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 2 7 CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 29 herein by this reference. 30 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\214D880C-3B41-4986-8007-926C1C5FAFB2\Boynton Beach. 2021.1.Ocean Breeze East LUAR - Ordinance.doc Page 319 of 464 31 following: 32 That the Future Land Use of the following described land bounded by North Seacrest 33 Boulevard on the west, Northeast 1st Street on the east, Northeast 7th Avenue on the north and 34 Northeast 6th Avenue on the south changing the land use designation from High Density 35 Residential (HDR) to Mixed Use (MX). 36 OCEAN BREEZE EAST 37 38 LOTS 1 THROUGH 12, INCLUSIVE, BLOCK 1, PALM BEACH COUNTRY CLUB 39 ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40 11, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS ALL 41 THAT PORTION OF LOTS 1 AND 2 LYING WEST OF THE EAST RIGHT OF WAY 42 LINE, AND LESS THE EXTERNAL AREA OF A 20 FOOT RADIUS CURVE, OF 43 SEACREST BOULEVARD AS SHOWN ON THE RIGHT OF WAY MAP THEREOF, 44 RECORDED IN ROAD BOOK 5, PAGE 182, PUBLIC RECORDS OF PALM BEACH 45 COUNTY, FLORIDA. 46 47 TOGETHER WITH 48 49 THE SOUTH 1/2 OF THE EAST 1/2 OF LOT 2 OF THE SUBDIVISION OF THE WEST 50 1/2 OF THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 51 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4, PUBLIC RECORDS OF PALM 52 BEACH COUNTY, FLORIDA, LESS THE EAST 25 FEET FOR N.E. IST STREET 53 RIGHT OF WAY, LESS THE SOUTH 25 FEET FOR N.E. 6TH AVENUE RIGHT OF 54 WAY, AND LESS ALL THAT PORTION THEREOF LYING WEST OF THE EAST 55 RIGHT OF WAY LINE, AND LESS THE EXTERNAL AREA OF A 20 FOOT RADIUS 56 CURVE, OF SEACREST BOULEVARD AS SHOWN ON THE RIGHT OF WAY MAP 57 THEREOF, RECORDED IN ROAD BOOK 5, PAGE 182, PUBLIC RECORDS OF PALM 58 BEACH COUNTY, FLORIDA. 59 60 61 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 62 Future Land Use Plan shall be amended accordingly. 63 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 64 Section 5: Should any section or provision of this Ordinance or any portion thereof be 65 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 66 remainder of this Ordinance. 67 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\214D880C-3B41-4986-8007-926C1C5FAFB2\Boynton Beach. 2021.1.Ocean Breeze East LUAR - Ordinance.doc Page 320 of 464 68 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 69 Land Development Regulation Act. No party shall be vested of any right by virtue of the 70 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 71 including appeals, are exhausted. In the event that the effective date is established by state law or 72 special act, the provisions of state act shall control. 73 FIRST READING this day of , 2015. 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 SECOND, FINAL READING and PASSAGE this day of , 2015. CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\214D880C-3B41-4986-8007-926C1C5FAFB2\Boynton Beach. 2021.1.Ocean Breeze East LUAR - Ordinance.doc Page 321 of 464 Exhibit A OCEAN BREEZE EAST (LUAR 15-003) LOCATION MAP Legend Land Use Categories w.11 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 PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) 0 37.5 75 150 225 300 Feet Page 322 of 464 Exhibit B Heart of Boynton Community Redevelopment Plan Proposed Land Use Map: HOB East, Update 2014 'u bl is Use ____ ____.__ . __.__ __ ____ _ Single Family_4feet _............ .... ...Density: 11-30 units/acre �� � 1111j,tY,tqmpMax Height: 45 feet Density: 11 - Max Height: __w_ ----------- Commercial /:Multi -Family tion Commercial / Multi -Family Multi -Family 0mF�I-R. FSingleo Familyl Legend Single Family 0 Multi -Family 0 Multi -Family /Commercial = Commercial / Multi -Family Light Industrial 0 Recreation 0 Public Use 6th Ave NE 6th N 0 75 150 300 450 600 Feet Page 323 of 464 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 15-032 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: August 19, 2015 PROJECT: Ocean Breeze East LUAR 15-003 REQUEST: Approve Ocean Breeze East Future Land Use Map amendment from High Density Residential (HDR) to Mixed Use (MX) and rezoning from R-3 (Multi -Family Residential District) to MU -1_2 (Mixed Use -Low Intensity 2 District). PROJECT DESCRIPTION Property Owner: Boynton Beach CRA (2 parcels), JMS Boynton Beach LLC (1 parcel) Applicant: Vivian Brooks, CRA Executive Director Location: Area bounded by North Seacrest Boulevard on the west, NE 1St Street on the east, NE 7t" Avenue on the north and NE 6t" Avenue on the south (Exhibit "A") Existing Land Use/ Zoning: High Density Residential (HDR)/ R-3 (Multi -Family Residential District) Proposed Land Use/ Zoning: Mixed Use (MX)/ MU -1_2 (Mixed Use -Low Intensity 2 District) Acreage: +/- 5.55 acres Page 324 of 464 Page 2 Ocean Breeze East LUAR 15-003 Adjacent Uses: North: Right-of-way for NE 7t" Avenue; farther north one developed and one vacant property of the Church of God, and on the northwest, two vacant parcels; all the above properties classified Medium Density Residential (MeDR) and zoned R-2 (Single -and Two - Family Residential District); South: Right-of-way for NE 6t" Avenue; further south developed single- family homes and one vacant parcel; on the southwest, a developed childcare center; all the above properties classified Medium Density Residential (MeDR) and zoned R-2 (Single -and Two -Family Residential District); East: Right-of-way for NE 1 st street; farther east developed single-family homes, classified Medium Density Residential (MeDR) and zoned R-2 (Single -and Two -Family Residential District); West: Right-of-way for North Seacrest Boulevard, farther west single- family homes (Ocean Breeze West) classified High Density Residential (HDR) and zoned R-3 (Multi -Family Residential District); on the northwest corner of NW 6t" Avenue and North Seacrest Boulevard, a developed single-family home classified Low Density Residential (LDR) and zoned R-1 (Single -Family Residential District). BACKGROUND The lands subject to the proposed Future Land Use Map amendment and rezoning consist of three (3) parcels, of which two (2) are owned by the Boynton Beach Community Redevelopment Agency (CRA) and 1 (one) by a private entity, JMS Boynton Beach LLC. This action has been initiated by City staff at the request of the CRA. It aims to bring appropriate land use and zoning to the area in preparation for development of a project provisionally referred to as Ocean Breeze East. The subject site is an eastern portion of the former Boynton Terrace Apartments, a multifamily affordable housing project built in 1983 on both sides of the Seacrest Boulevard and destroyed by hurricanes in 2006. The 21 single-family home Ocean Breeze West development was recently completed on the western side of the boulevard. The proposed land use amendments/rezonings for Ocean Breeze East is one of the two concurrently processed requests supporting redevelopment projects in the Heart of 2 Page 325 of 464 Page 3 Ocean Breeze East LUAR 15-003 Boynton Community Redevelopment Area (the second application is MLK South). Amendments to the Land Development Regulations, pertaining to City -initiated land use amendments/rezonings such as represented by the subject request, are also currently under review by the City Commision (the amendments were approved on the first reading during the September 3, 2015, Comission meeting). The regulatory changes promote proactive, city -initiated applications for future land use classification and rezoning for selected sites if recommended by redevelopment plans or other significant planning documents. "Proactive" means that no developer as yet has come forward with a specific project; however, it may be argued that developers will likely give priority to sites with a desired zoning designation "on the ground", since: • The current future land use and zoning designation may not be consistent with the redevelopment plans or other plans documenting the City's vision and may deter a valuable potential applicant from pursuing his/her inquiry any further, resulting in a loss of a project for the City, and • It better prepares properties that may be developed using the Low Income Housing Tax Credit (LIHTC) financing mechanism. The program, which provides nonprofit and for-profit developers with a dollar -for -dollar reduction in federal tax liability in exchange for the development of affordable rental housing, requires zoning to be on the ground at the time of the application. In the past, this rule prevented some potential redevelopment projects under consideration to proceed. A severe and worsening shortage of affordable rental housing underscores the need to address this problem. ANALYSIS The Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3 list criteria used to review Comprehensive Plan Map amendments and rezonings. However, the subject land use amendments/rezonings are initiated by the City, at the request of the CRA. In this case—pursuant to the above mentioned, recently approved amendments to the Land Development Regulations—the following rules apply: • No master plan needs to be submitted concurrent with a planned district rezoning as typically required; and • The only criterion that the subject request must meet is the "Consistency" criterion, which reads: "Consistency. Whether the proposed FLUM amendment and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations. Approvals of requests to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency." 3 Page 326 of 464 Page 4 Ocean Breeze East LUAR 15-003 As corroborated in the analysis below, the subject request meets this criterion. Consistency with redevelopment plans The 2014 Heart of Boynton Community Redevelopment Plan update lists two recommendations relevant to the proposed land use amendment and rezoning for Ocean Breeze East. Firstly, it lists "Ocean Breeze East Mixed Use Development" as one of the six major redevelopment project opportunities in the Heart of Boynton. The project's boundaries are clearly indicated on the "Heart of Boynton 2013 Master Plan" and coincide with the boundaries of the subject site. Also, the Proposed Land Use Map shows the Multifamily/Commercial use category on the east side of the North Seacrest Boulevard, extending from NE 4t" Avenue to NE 9t" Avenue (see Exhibit "B"). Note that, to allow flexibility within the specified residential density thresholds, the map's use categories do not correspond to specific future land use classifications as defined by the City's Comprehensive Plan. The Multifamily/Commercial category recommended for the Ocean Breeze East area permits density up to 40 dwelling units per acre; it promotes small commercial uses facing Seacrest Boulevard, but it emphasizes residential development with density high enough to support not only such small scale commercial uses but also the larger commercial nodes at the nearby intersection of North Seacrest Boulevard and Martin Luther King, Jr. Boulevard. This density is significantly higher than the 11 units/acre maximum density of the existing land use classification. The subject request, if approved, would advance implementation of the Ocean Breeze East Mixed Use Development as proposed by the Heart of Boynton Community Redevelopment Plan Update; it will also be consistent with the 2014 Heart of Boynton Community Redevelopment Plan's Proposed Land Use Map. The proposed MU -1_2 (Mixed Use Low Intensity 2 District) zoning carries a maximum density of 30 dwelling units per acre; however, since the Ocean Breeze East site is located within the Downtown Transit -Oriented Development District, the project's density can be increased by 25%, bringing it to 37 units per acre. Please note that, even though the MU -1_2 district allows for a maximum height of 65 feet, the Heart of Boynton Community Redevelopment Plan limits the height of structures within the area designated Multifamily/Commercial to 45 feet. Consistency with the Comprehensive Plan Redevelopment plans are adopted into the Comprehensive Plan by reference; the Plan directs the City to implement their recommendations, and, specifically, supports land assembly to promote redevelopment in the CRA area: Objective 1.7 The City shall eliminate blighted residential neighborhoods 4 Page 327 of 464 Page 5 Ocean Breeze East LUAR 15-003 and business districts through the adoption and implementation of Community Redevelopment Plans within the commercial and residential Community Redevelopment Area. This includes areas east of I-95, notably in the Federal Highway corridor, the Heart of Boynton and Boynton Beach Boulevard areas, and the Ocean District. Policy 1.7.1 The City shall consider the recommendations of adopted Community Redevelopment Plans and design guidelines when reviewing all requests for land use amendments and rezonings for property within the Community Redevelopment areas. Policy 1. 7.2 The City shall encourage land assembly to promote large-scale redevelopment and infill projects. Master Plan/ Site Plan for the future proiect The subject site meets the minimum acreage and lot frontage parameters for the MU -L2 zoning district. A master plan/site plan ultimately to be submitted for the future project must meet development standards of the LDR, namely Chapter 3, Article III., Section 1.E., Table 3-4, Mixed Use Urban Building and Site Regulations. The CRA has been actively marketing this property and will provide information on the status of its efforts during the presentation at the public hearings. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed land use amendment and rezoning and determined that they are consistent with the policies of the Comprehensive Plan and implement recommendations of the Heart of Boynton Community Redevelopment Plan. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze East LUAR 15-003\LUAR 15-003 Ocean Breeze East Staff Report.doc 5 Page 328 of 464 12.A. NEW BUSINESS 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R15-127 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) to provide financial support to the Related Urban Development Group (RUDG, LLC) in association with their application for the 9% tax credit for Low Income Housing Tax Credits for the proposed development known as Ocean Breeze East and sign any related application documents to confirm such support. EXPLANATION OF REQUEST: On September 8, 2015, the CRA Board approved a financial support request from Related Urban Development Group (RUDG,LLC) in the amount of $75,000 in connection with RUDG's application for 9% tax credit. The application requires the Local Government to verify the contribution amount of $75,000 as part of RUDG's application submission. The Local Government is the City of Boynton Beach. The interlocal that is being recommended provides for the financial support to be paid by the Boynton Beach Community Redevelopment Agency. Such contribution is dependent upon RUDG being awarded the 9% tax credit. At the August 11, 2015 CRA Board meeting, the Board selected the Related Urban Development Group to enter into a Purchase and Development Agreement to develop the Ocean Breeze site. RUDG will be applying for Low Income Housing Tax Credits (LIHTC) to finance the project. Florida Housing Finance Corporation administers the LIHTC program for the State of Florida. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: There is no ultimate fiscal impact to the City of Boynton Beach. ALTERNATIVES: Do not approve the interlocal. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 329 of 464 Grant Amount: ATTACHMENTS: Type D Resolution D Agreement REVIEWERS: Department Finance Finance Legal City Manager Description Resolution approving ILA with CRA for Tax Credit ILA with CRA Related Urban Tax Credit Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 9/30/2015 - 1:24 IIIA 9/30/2015 - 1:24 IIIA 9/30/2015 - 4:01 IIIA 9/30/2015 - 4:37 IIIA Page 330 of 464 I RESOLUTION NO. R15- 2 A RESOLUTION OF BOYNTON BEACH, FLORIDA, APPROVING 3 AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL 4 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 5 THE BOYNTON BEACH COMMUNITY REDEVELOPMENT 6 AGENCY TO PROVIDE A FINANCIAL CONTRIBUTION TO RUDG, 7 LLC FOR THE DEVELOPMENT OF A 9% LOW INCOME TAX 8 CREDIT DEVELOPMENT KNOWN AS OCEAN BREEZE EAST; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the goal of the Boynton Beach Community Redevelopment Agency is to 12 eliminate slum and blight and to facilitate the development of affordable housing within the 13 Community Redevelopment Area; and 14 WHEREAS, the proposed development known as Ocean Breeze East will help the 15 Community Redevelopment Agency to achieve its goals; and 16 WHEREAS, the developer of the Ocean Breeze East project, RUDG,LLC is applying 17 for 9% Low -Income Housing Tax credits in November of 2015; and 18 WHEREAS, the financial match of $75,000 required by the Florida Housing Finance 19 Corporation allocator of 9% low income tax credits will be paid for by the Boynton Beach 20 Community Redevelopment Agency; and 21 WHEREAS, the City Commission of the City of Boynton Beach, upon 22 recommendation of staff and the CRA Board, deems it to be in the best interests of the 23 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement 24 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 25 Agency regarding the development of the Ocean Breeze East project on behalf of RUDG, 26 LLC. Page 331 of 464 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. Each Whereas clause set forth above is true and correct and 30 incorporated herein by this reference. 31 Section 2. The City Commission of the City of Boynton Beach, Florida does 32 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 33 Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding the 34 Local Government Contribution required by Florida Housing Finance Corporation on behalf 35 of RUDG, LLC developer of the Ocean Breeze East development, a copy of said Interlocal 36 Agreement is attached hereto as Exhibit "A". 37 Section 3. That this Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this day of , 2015. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ATTEST: 55 56 57 58 Janet M. Prainito, MMC 59 City Clerk 60 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO Page 332 of 464 INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE PAYMENT OF THE LOCAL GOVERNMENT CONTRIBUTION UNDER THE LOW INCOME HOUSING 9% TAX CREDIT PROGRAM FOR THE PROJECT KNOWN AS OCEAN BREEZE EAST TO BE DEVELOPED BY RUDG, LLC., PURSUANT TO CHAPTER 420, PART V, 5093- 5099, FLORIDA STATUTES, PROVIDING AN EFFECTIVE DATE. THIS AGREEMENT, made and entered into on the day of 2015 by and between: CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as "CITY") BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 710 N. Federal Highway Boynton Beach, Florida 33435 (hereinafter referred to as "CRA") WITNESSETH: WHEREAS, CITY and CRA (the "Parties") desire to encourage Affordable and Workforce Housing development within the City and the CRA; and WHEREAS, the CRA has determined that the provision of Affordable and Workforce Housing with the CRA furthers the CRA's purpose of eliminating slum and blight; and WHEREAS, the CRA has approved a financial contribution of seventy-five thousand dollars in the form of a grant contribution ( the "Grant") to assist the developer, RUDG, LLC, in the development of the Ocean Breeze East redevelopment project located at 700 N. Seacrest Boulevard, and WHEREAS, the Parties desire to enter into an Interlocal Agreement ("Agreement") for the City of Boynton Beach to pay, on behalf of the CRA, the Grant to RUDG, LLC. (the "Grantee"), under the condition that the RUDG, LLC obtains award underwriting approval of a 9% Low Income Housing Tax Credit allocation from the Florida Housing Finance Corporation by June 30, 2016, and Page 1 of 6 Page 333 of 464 WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of its citizens and residents to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal Cooperation Act'), permits the Governmental Units, as public agencies under the Interlocal Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental party to exercise, on behalf of the other governmental unit, jointly held powers, privileges or authorities which each such Governmental Unit shares in common and which each might exercise separately, permitting the Governmental Units to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such Governmental Units; and WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act; and WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section 1. RECITALS 1.01 The above recitals are true and correct and are incorporated herein. Section 2. TERM OF AGREEMENT This Agreement shall be effective upon the approval of both parties and upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier of the following: 1) final payment of the $75,000 to RUDG, LLC consistent with the terms of this Agreement; or 2) the failure of RUDG, LLC to obtain award underwriting approval from Florida Housing Finance Corporation by June 30, 2016. Section 3. DUTIES AND RESPONSIBILITIES OF THE PARTIES 3.01 The Parties agree that the Grant per Resolution No. shall be paid by the CITY on behalf of the CRA. Payment shall be made to RUDG, LLC 1) upon RUDG, LLC providing evidence that they have been awarded a nine percent (9%) low income tax Page 2 of 6 Page 334 of 464 credit from the Florida Housing Finance Corporation; and 2) a real estate closing for the project property within the CRA known as Ocean Breeze East. The Parties agree further that the CRA will reimburse the CITY for the payment of said Grant, within 30 days of CITY's notice of making payment. Section 5. INSURANCE 5.01 {Intentionally left blank} Section 6. RECORDS 6.01 CRA and CITY shall each maintain their own respective 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. 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 for at least three (3) years after completion of the Improvements. Section 7. ASSIGNMENT 7.01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. Section 8. DEFAULT 8.02 If either party fails 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 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 subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. 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. Section 9. COMPLIANCE WITH LAWS 9.01 CITY and 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. Page 3 of 6 Page 335 of 464 Section 10. VENUE 10.01 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. Section 11. GOVERNING LAW 11.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 12. ENTIRE AGREEMENT 12.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 13. SEVERABILITY 13.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 14. NOTICES 14.01 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 Page 4 of 6 Page 336 of 464 CRA: Vivian Brooks, 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 Section 15. INTERPRETATION 15.01 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. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Page 5 of 6 Page 337 of 464 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. ATTEST: Janet Prainito, City Clerk Approved as to form: City Attorney Approved as to form: CRA Attorney CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida 0 Jerry Taylor, Mayor BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida Page 6 of 6 Jerry Taylor, Chair Page 338 of 464 12. B. NEW BUSINESS 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: Approve the release of land parcels owned by the CRA as approved at the CRA Board meeting on September 8, 2015. EXPLANATION OF REQUEST: At the September 8, 2015 CRA Board meeting the Board approved a request from Housing Trust Group to transfer CRA owned properties at no cost to the Housing Trust Group. The following was included on the agenda item to the CRA Board: The Housing Trust Group has submitted a letter of intent for the CRA owned properties on the south side of Martin Luther King, Jr. Blvd. Housing Trust would like to submit the site for a 9% tax credit allocation in November to build approximately 60 housing units and retail space. The CRA owns 1.85 acres within the project area of the 2.97 acre project site (See Attachment 1). The CRA paid a total of $825,940 for its property over an 11 year period (See Attachment 2). Housing Trust has reached verbal agreements with the other three property owners to purchase their properties within the project area. If awarded the 9% tax credits, Housing Trust will build a mixed-use development consistent with the Heart of Boynton Community Redevelopment Plan Update. This proposed project if developed will enhance 500 linear feet along Martin Luther King, Jr. Blvd. The proposed project is adjacent to the new Family Dollar and will include retail space on the first floor to complement Family Dollar. If developed, the project will increase the demand for a full-service grocery store by adding new households to the market area. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The CRA staff noted that this item was a part of the Heart of Boynton Community Redevelopment Plan. FISCAL IMPACT: Non -budgeted There is no fiscal impact to the City, the CRA noted that due to the cost to purchase the six privately owned properties, Housing Trust Group is requesting the CRA property at not cost. Once constructed the project will bring in annual TIP revenue of approximately $106,000 to the CRA. ALTERNATIVES: Do not approve the release of the land parcels. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 339 of 464 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Other D Other D Other REVIEWERS: Department Finance Finance Legal City Manager Description CRA 9-8-15 Agenda item CRA Notice of Intent to Dispose of Property Proof of publication Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 9/30/2015 - 2:36 IIIA 9/30/2015 - 2:36 IIIA 9/30/2015 - 4:02 IIIA 10/1/2015 - 9:14 AM Page 340 of 464 CRA BOARD MEETING OF: September 8, 2015 Consent Agenda Information AGENDA ITEM: XIV.A. SUBJECT: Consideration of Letter of Intent from Housing Trust Group for CRA -Owned Properties on the South Side of Martin Luther King, Jr. Blvd. SUMMARY: The Housing Trust Group has submitted a letter of intent for the CRA owned properties on the south side of Martin Luther King, Jr. Blvd. Housing Trust would like to submit the site for a 9% tax credit allocation in November to build approximately 60 housing units and retail space. The CRA owns 1.85 acres within the project area of the 2.97 acre project site (See Attachment 1). The CRA paid a total of $825,940 for its property over an 11 year period (See Attachment 2). Housing Trust has reached verbal agreements with the other three property owners to purchase their properties within the project area. If awarded the 9% tax credits, Housing Trust will build a mixed-use development consistent with the Heart of Boynton Community Redevelopment Plan Update. This proposed project if developed will enhance 500 linear feet along Martin Luther King, Jr. Blvd. The proposed project is adjacent to the new Family Dollar and will include retail space on the first floor to complement Family Dollar. If developed, the project will increase the demand for a full-service grocery store by adding new households to the market area. FISCAL IMPACT: Due to the cost to purchase the six privately owned properties, Housing Trust Group is requesting the CRA property at no cost. Once constructed the project will bring in annual TIF revenue of approximately $106,000. PLAN, PROGRAM l ,,!, ! PROJECT: ',! Boynton ity Redevelopment Update Direct staff to bring backPurchase Development r nt for the OctobqA13, 2015 meeting. Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2414 - 2015 Board MeetingslSeptember 20151LOI MLK South Property.docx Page 341 of 464 Housing Trust Group 3225 Aviation Avenue, Suite 602 Coconut Grove, Florida 33133 Chairman Taylor, Boynton Beach Community Redevelopment Agency (the "Seller,' Ms. Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Roynton Beach FIL 33435 • T "TN 1:1I, W1111111 il I ­ III UFF'17T MT 4 if r Group, LLC, a Florida limited liability company or its assignee ("HTG") would be interested in entering into an Agreement for Purchase and Sale (the "Agreement") upon the terms and conditions generally described below. Upon agreement of the terms and conditions generally sutlined below, HTG will immediately prepare the Agreement for review and execution. off of I CA A see '801 IF 1'1 111,1 I I 3. FINANCING PLAN: Seller acknowledges that HTG intends to submit an application for an allocation of competitive Low-income Housing Tax Credits ("Tax Credits") from the Florida Mousing Finance Corporationis a quaed and experienced tax 'f I: leveloper in the State of Florida. 4. INVESTIGATION PERIOD: HTG shall have an Investigation Period commencing upon execution of the Agreement and ending the earlier of. a) five (5) business days after receipt of an invitation to credit underwriting from FHFC for Tax Credits; or b) May 31, 2016. HTG shall be allowed to perform on-site investigations both during and after the Investigation Period, so long as the Agreement remains in effect. 0�1 Page 342 of 464 5. gLOSING: Five (5) months after the expiration • the Investigation •s 6. EXTENSIONS: HTG shall, at its sole option, be entitled to four (4) successive forty-five (45) day •: (each an "Extension"). 7, REMOVAL FROM MARKET,- Before the execution of the Agreement, Seller understands and acknowledges that HTG will incur various costs associated with certain due diligence activities. Therefore, for a period of thirty (30) days after the date of Seller's execution of this letter of Intent and before the execution of the Agreement, Seller agrees not to conduct any activities related to marketing or selling the Property to others while the parties negotiate the Agreement in good faith. This Section shall be legally binding. 8. NATURE • THIS LETTER OF INTENT: • for the previous Section, this Letter • Intent is a non-binding expression • interest. It is understood and agreed that neither party shall be legally bound to the • unless and until, the terms and conditions relating to this transaction are negotiated and incorporated into the Agreement, as signed by both parties. REVOCATION OF OFFER: The offer contained herein shall be deemed to be null and void unless an executed copy of itils returned (via email, fax, or original) to Housing Trust Group on or before 5:OOPM, September 11, 2015. I you have any questions on this matter, please contact Allan Schnier at (561) 289-4096. MIM Boynton Beach Community Redevelopment Agency By$ Name -,--- Title: 0=1 Page 343 of 464 Page 344 of 464 � 1, 1 R'lillk ,,j' �1:1 illill'ok, Page 346 of 464 O LU LU 00000 r99 r o o r 000000 �-. La tn CL a Ul Ln M (N N. r. m r,j rj rj rj LM LM N, n. 9t - rn m - L+ 00 0 0 0 0 0 0ox 0000-- r UZ6fl ® p a 1 CL ice' T 0 o 7 r n n 7 r n a r a r a r P^�8 r r r r r r 11Ln n o ro 0 Ln o Ln n Ln a Ln a Ln a Ln a Ln Ln co 00 Do Do 00 00 00 00 co Goa ce m � F- .�z r a Ull Page 348 of 464 APPRAISAL OF TEN INDIVIDUAL LOTS AS PART OF AN ASSEMBLAGE LOCATED ON AND NORTHEAST 9THAVENUE BOYNTON BEACH, FLORIDA 33435 FOR VIVIAN BROOKS, EXECUTIVE DIRECTOR BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BY ROBERT B. BANTING, MAI, SRA CERT GEN RZ4 AND GARY K. ORR CERT GEN RZ2335 WITH ANDERSON & CARR, INC. 521 SOUTH OLIVE AVENUE STP BEACH, FLORIDA 33401 DATE OF INSPECTION: FEBRUARY 16,2015 DATE OF REPORT: FEBRUARY 27,2015 DATE OF VALUE: FEBRUARY 16,2015 FILE NO.: 2150066.000 CLIENT REFERENCE: MARTIN LUTHER KING JR. BLVD. LAND PARCELS 3,6,7,9,12,13,15, IC, 17, & 20 Page 349 of 464 CC qqq CC X q qq VqV C OqC OqA OCCCC C 9C((qCC 9<4 q9<I(CApprsIsers • Realtors)>>>)>Dv>>*o>>>>D*>>>>D)>v*P>>)>D>>>>>>)>)>)>V))»>>)>>>))*>>>> 521 South Olive Avenue West Palm Beach, Florida 33401-5907 www.andersoncarr.com Telephone (561) 833-1661 Fax (561) 833-0234 Vivian Brooks, Executive Director I'Li Wn B I Pursuant to your request, we have personally appraised the real property being 10 individual lots as part of an assemblage for redevelopment. The subject property is located along East Martin Luther King Jr. Boulevard and Northeast 9th Avenue, Boynton Beach, FL, 33435. The purpose of this narrative appraisal is to estimate the market value of the fee simple estate of the subject property, as if part of a larger assemblage, as of February 16, 2015. The intended use of the report is to assist the client and intended user in establishing a selling price. This report has been prepared for no other purpose and for use by no other person or entity than for use by the client for the purpose stated herein. Any other use of this appraisal is considered a misuse and thus the appraisers will not be held responsible for any outcome associated with use by another entity or for another purpose. The subject property consists of 10 individual vacant lots. Three of the lots are adjoining and seven are adjoining but these two larger tracts are non-contiguous. At the clients request we are assuming the lots are part of an assemblage with several adjoining parcels forming a larger tract for redevelopment. The subject property is located in a key area of the CRA's Heart of Boynton redevelopment plan. Over the past 10 years or so the general area has experienced significant strides in neighborhood revitalization. The subject immediate area of North Seacrest Boulevard and Martin Luther King Jr. Boulevard is planned for near future mixed-use redevelopment. Just west of the subject a new Family Dollar is planned and the subject along with adjoining properties is planned for residential development. We have utilized the sales comparison approach to value, the most common method used for valuing properties such as the subject property. Page 350 of 464 Vivian Brooks Page 2 27- 2*15 MARKET VALUE: $575.000 ilk TC—,';TTM-17V Ir it MAL 014-1 &I1.b, III 111JI&CIF 1111 LIM 'Tal -M 41]LJ1IIIL)IL SUL IUEM • be considered valid. Your attention is directed • the Assumptions and Limiting Conditions contained within this report. Respectfully submitted, Robert B. Banting, MAI, SRA Cert Gen RZ4 Gary IC Orr Cert Gen RZ2335 Martin Luther in Jr. Blvd. Land Parcels 3, 6,7,8,12,13, 15,16,17, & 20 A Job No.- 2150066.000 Page 351 of 464 II411371 � 1 ♦ Y ► Summary of Important facts and Conclusions......................................................................................................1 Certification..............................................................................................................................................................3 Assumptions and Limiting Conditions...................................................................................................................4 Subject Property Photos (February 16, 2015).......................................................................................................7 Area/Location Maps...............................................................................................................................................14 ParcelMap..............................................................................................................................................................15 AerialPhotographs.................................................................................................................................................16 Purposeand Date of Value...................................................................................................................................18 PropertyAppraised................................................................................................................................................18 LegalDescription...................................................................................................................................................18 Disclosureof Competency.....................................................................................................................................18 IntendedUse and User..........................................................................................................................................18 Client........................................................................................................................................................................18 Definitions...............................................................................................................................................................19 PropertyRights Appraised....................................................................................................................................19 TypicalBuyer Profile..............................................................................................................................................19 Scopeof Assignment..............................................................................................................................................19 PalmBeach County Summary ...............................................................................................................................21 NeighborhoodSummary ........................................................................................................................................28 PropertyData..........................................................................................................................................................30 TaxpayerOf Record...........................................................................................................................................30 Palm Beach County Property Control Numbers..............................................................................................30 Assessed Value And Taxes For 2014................................................................................................................30 CensusTract........................................................................................................................................................31 FloodZone Designation....................................................................................................................................31 Zoningand Future Land Use............................................................................................................................32 Concurrency........................................................................................................................................................35 Utilities................................................................................................................................................................35 SubjectProperty Sales History ..........................................................................................................................35 SiteAnalysis........................................................................................................................................................35 HighestAnd Best Use............................................................................................................................................38 ExposureAnd Marketing Time........................................................................................................................39 SalesComparison Approach.................................................................................................................................40 Sales Summary and Discussion..........................................................................................................................56 Conclusion...........................................................................................................................................................59 Gary YL Orr, Cert Gen RZ2335 Martin Luther King Jr.Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 Page 352 of 464 Client:- Boynton Beach Community Redevelopment Agency Entended User: Boynton Beach Community Redevelopment Agency Taxpayer of Record: Boynton Beach CQ - Property Rights Appraised: Fee Simple Estate Special Assumptions Reference: Subject lots are part of a larger assemblage of land for redevelopment �Vnusual Market Externality: None Mcation: East Martin Luther King Jr. Boulevard and Northeast 9th Avenue just east of North Seacrest Boulevard, Boynton Beach, Florida Site/Land Area: 80,776 square feet / 1.85 acres Improvements: Vacant land Zoning: C2 (Neighborhood Commercial) and R2 (Single & Two Family Residential) by City of Boynton Beach Land Use Plan: LRC (Local Retail Commercial) and MEDR (Medium Density Residential) by City of Boynton Beach Flood Zone & Map Reference Zone C, Community Panel Number 120196-0004-C, effective date of September 30, 1982 Current Use: Vacant lEghest and Best Use: Mixed Use I Cxposure Time: 6 to 12 months Marketing Time: 6 to 12 months Mmthi Luther King Jr. Blvd. d Parcels 3,6,7,8,12,13,15,16,17, & 20 A&C Job No.: 2150066.000 1 Page 353 of 464 Estimated Property Values: Value via Cost Approach: N/A Value via Income Capitalization Approach: N/A Value via Sales Comparison Approach: $575,000 AIARKETVALUE: 1mmqM77-m-Ln Date of Report: 11ate of Value: February 16, 2015 February 27, 2015 February 16, 2015 Cert Gen RZ4 Martin Luther King Jr. Blvd, Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 2 Page 354 of 464 CERTIFICATION I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, conclusions, and recommendations. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three year period immediately preceding acceptance of this assignment. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved. I have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. Gary K Orr and Robert B. Banting, MAI, SRA have made a personal inspection of the property that is the subject of this report. As of the date of this report, Robert B. Banting, MAI, SRA has completed the continuing education program of the Appraisal Institute. No one provided significant real property appraisal or appraisal consulting assistance to the person signing this certification. Robert B. Banting, MAI, SRA Cert Gen RZ4 Gary IC Orr Cert Gen RZ2335 Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.. 2150066.000 3 Page 355 of 464 1. Unless otherwise stated, the value appearing in this appraisal represents our opinion of the market value or the value defined as of the date specified. Values of real estate are affected by national and local economic conditions and consequently will vary with future changes in such conditions. 2. Possession of this report or any copy thereof does not carry with it the right of publication nor may it be used for other than its intended use. The physical report(s) remains the property of the appraiser for the use of the client. The fee being for the analytical services only. The report may not be copied or used for any purpose by any person or corporation other than the client or the party to whom it is addressed, without the written consent of an officer of the appraisal firm of Anderson & Carr, Inc. and then only in its entirety. 3. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations efforts, news, sales or other media without written consent and approval of an officer of Anderson & Carr, Inc. nor may any reference be made in such public communication to the Appraisal Institute or the MAI, SRA or SPA designations. 4. The appraiser may not divulge the material contents of the report, analytical findings or conclusions, or give a copy of the report to anyone other than the client or his designee, as specified in writing except as may be required by the Appraisal Institute, as they may request in confidence for ethics enforcement or by a court of law or body with the power of subpoena. 5. Liability of Anderson & Carr, Inc. and its employees is limited to the fee collected for the appraisal. There is no accountability or liability to any third party. 6. It is assumed that there are no hidden or unapparent conditions of the property, sub-soil, or structures which make it more or less valuable. The appraiser assumes no responsibility for such conditions or the engineering which might be required to discover these facts. 7. This appraisal is to be used only in its entirety. All conclusions and opinions concerning the analysis which are set forth in the report were prepared by the appraisers whose signatures appear on the appraisal report. No change of any item in the report shall be made by anyone other than the appraiser and the appraiser and firm shall have no responsibility if any such unauthorized change is made. 8. No responsibility is assumed for the legal description provided or other matters legal in character or nature, or matters of survey, nor of any architectural, structural, mechanical, or engineering in nature. No opinion is rendered as to the title which is presumed to be good and merchantable. The property is valued as if free and clear of any and all liens and encumbrances and under responsible ownership and competent property management unless otherwise stated in particular parts of the report. 9. No responsibility is assumed for accuracy of information furnished by or from others, the clients, their designee, or public records. We are not liable for such information or the work of subcontractors. The comparable data relied upon in this report has been confirmed with one or more parties familiar with the transaction or from affidavit when possible. All are considered appropriate for inclusion to the best of our knowledge and belief. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 4 Page 356 of 464 10. The contract for appraisal, consultation or analytical service is fulfilled and the total fee payable upon completion of the report. The appraiser or those assisting the preparation of the report will not be asked or required to give testimony in court or hearing because of having made the appraisal in full or in part; nor engaged in post -appraisal consultation with client or third parties, except under separate and special arrangement and at an additional fee. 11. The sketches and maps in this report are included to assist the reader and are not necessarily to scale. Various photos, if any, are included for the same purpose and are not intended to represent the property in other than actual status as of the date of the photos. 12. Unless otherwise stated in this report, the appraisers have no reason to believe that there may be hazardous materials stored and used at the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea -formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. 13. If applicable, the distribution of the total valuation of this report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal, no matter how similar and are invalid if so used. 14. No environmental or impact studies, special market studies or analysis, highest and best use analysis study or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. Anderson & Carr, Inc. reserves the unlimited right to alter, amend, revise or rescind any of the statements, findings, opinions, values, estimates or conclusions upon any previous or subsequent study or analysis becoming known to the appraiser. 15. It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in this appraisal report. 16. The value estimated in this appraisal report is gross without consideration given to any encumbrance, lien, restriction, or question of title, unless specifically defined. The estimate of value in the appraisal report is not based in whole or in part upon the race, color, or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 17. It is assumed that the property conforms to all applicable zoning, use regulations, and restrictions unless a nonconformity has been identified, described, and considered in this appraisal report. 18. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the opinion of value contained in this report is based. Martin Luther King Jr. Blvd. Land Parcels 3,6,7,8,12,13,15,16,17, & 20 A&C Job No.: 2150066.000 5 Page 357 of 464 ANI)IEPSCW & CAM, INC 19. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 20. This appraisal report has been prepared for the exclusive benefit of the client and intended users, Boynton Beach Community Redevelopment Agency. This report has been prepared for no other purpose and for use no other omrson or entiX, than for use bi-, the client for the ris�ose stated herein. An�xoAnz, use of this appraisal is considered a misuse and thus the appraisers will not be held responsible for any outcome associated with use by another entity or for another purpose. 21. The subject property consists of 10 individual vacant lots. Three of the lots are adjoining and seven are adjoining but these two tracts are non-contiguous. At the clients request we are assuming the lots are part of an assemblage with several adjoining parcels forming a larger tract for redevelopment. 22. ACCEPTANCE OF, AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF THE PRECEDING CONDITIONS. Martin Luther King Jr. Blvd. Land Parcels 3,6,7,8,12,13,15,16,17, & 20 A&C Job No.: 2150066.000 6 Page 358 of 464 I ii (.,)f Parcel 3 on Martin Luther King Jr. Boulevard Front of Parcel ..n Martin Luther King Jr. Boulevard Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 Page 359 of 464 Front of Parcel 7 on Martin Luther King, Jr. Boulevard Front of Parcel 8 on Martin Luther King Jr. Boulevard Page 360 of 464 1"ront of Parotfl 12om Northeast 9"' Averqtje Front of Parcel 13 on Northeast 9"' Avenue Martin Luther King Jr. Blvd. Land Parcels 3,6,7,8,12,13115,16,17, &ZO A&C Job No.: 2150066.000 Page 361 of 464 Front of Parcel 15 on Northeast 9' Avenue Front of Parcel 16 on Northeast 9'h Avenue MartinLuther ' g Jr. Blvd. Land Parcels 3,6,7,8,12,13,15,16,17, &20 A&C Job No.. 2150066.000 10 Page 362 of 464 A Front of Parcel 17 on Northeast 9' Avenue Front of Parcel 20 on Northeast 9' Avenue tin Luther in Jr. Blvd. Land Parcels 3,6,7,8,12,13,15,16,17, & 20 ASC Job No.. 2150066.000 11 Page 363 of 464 View looking east on Martin Luther King Jr. Boukw4m-(A wilh Parc, -; 3, 6,7 and 8 on the righi View looking west on Martin Luther King Jr. Boulevard with Parcels 3, 6, 7, and 8 on the left i Luther King Jr. Blvd. Land Parcels 3. 6, 7, 8,12,13, 15, 16, 17, & 20 A&C Job No.- 2150066.000 12 Page 364 of 464 View looking east on Northwest 9'h Avenue with Parcels 12, 12i, 1.5 a 16. 17, it Rd 20 I'm I d,Te I e h View looking west on Northeast 9' Avenue with Parcels 12, 13, 15, 16, 17, and 20 on the right Page 365 of 464 APWI)EUSCN & CARP, INC. F41 R # Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16,1'x, & 20 A&C Job No., 2150066.000 1 Page 366 of 464 f u .�V tee@ a k f 1WUMAWoda rohlr+N ��sa tft ' r e qR a v ` t. Imy„s�.t�fU4t � f is 4W aenYk., Hw W An N� ` Subject � , a $• t d`i'd' "EY .i4k? c, ? F_ q4 ` 4 ,��w.� .,• Subject r, %W6* An.xi Sid M A� &956 A t, ii 5 Ptt'�H tk:.sc>;Ws S.Bu•savrv¢: -- &"S��k:SsS t^o RSA r ,a tl� 5wcra Vbaxh iatlJp ,krepv � P 3aY �#AuR'Sm. S 4c•.e r bjtA �S � SE tlb'l,%W ` 5W Sm N 'W' a 4Y.F P, fp q4i ,. .._. .._. 4! g- i Rd tt yS[ Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16,1'x, & 20 A&C Job No., 2150066.000 1 Page 366 of 464 .. � �$ 4�tx Atfi `r C#kYd'd3 Pz;kPP SSE tee@ a taw °�" 4S tti 3'titl� 1WUMAWoda k, ice qR ` t. NWINtso-y+ .,x4 Lr - 4W aenYk., Hw W An „v, s $• t d`i'd' "EY .i4k? q4 ` 4 ,��w.� .,• Subject r, %W6* An.xi Sid M A� Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16,1'x, & 20 A&C Job No., 2150066.000 1 Page 366 of 464 .. � �$ 4�tx Atfi `r C#kYd'd3 Pz;kPP SSE tee@ a 1WUMAWoda k, ice qR `U11, Aw b.:' HWF.MAv 4m. NWINtso-y+ .,x4 Lr - 4W aenYk., „v, s ,��w.� .,• Subject r, %W6* An.xi &956 A tk:.sc>;Ws S.Bu•savrv¢: -- &"S��k:SsS t^o ,a �3 LCL K r$Y9 5wcra Vbaxh iatlJp ,krepv � P 3aY �#AuR'Sm. S 4c•.e r bjtA �S � SE tlb'l,%W ` 5W Sm N 'W' a SW Tjh A", 3E i8hA Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16,1'x, & 20 A&C Job No., 2150066.000 1 Page 366 of 464 WA UZ Martin Luther ICng Jr. Blvd. Land Parcels 3,6,7,8,12,13,15,16,17, & 20 A&C Job No.: 2150066.000 15 Page 367 of 464 I m'VTO]ZUw I Uplt"Klnuf Martin Luther King Jr. Blvd. Land Parcels 3,6,7,8,12,13,15,16,179 & 20 A&C Job No.: 2150066.000 16 Page 368 of 464 MartinLuther ing Jr. Blvd. Land Parcels 3,6,7,8,12,13,15,168178 & 20 A&C Job No.- 2150066.000 17 Page 369 of 464 W111,011111111,11 I 111W"003171N The purpose of this appraisal is to estimate the market value, fee simple estate, of the subject property, assuming the lots are part of an assemblage with several adjoining parcels forming a larger tract for redevelopment, as of February 16, 2015. RJ 51 K The subject property consists of ten individual vacant lots totaling 1.85 acres located along the south side of East Martin Luther King Jr. Boulevard and the north side of Northeast 9th Avenue. The parcels fronting Martin Luther King Jr. Boulevard are zoning for neighborhood commercial use and total 1.08 acres. The lots along Northeast 9"' Avenue are zoned for multiple family residential use and total 0.77 acres. I R KIKA 0 11 **1 Wei I OW I #11111POWHIL Lif (NITHPICIC Me apip-Taisal assignment for waicn Wey hal been engaged by the client. IWONM The intended use of this report is to assist the client and intended user in establishing a selling price. The intended user of the report is Boynton Beach Community Redevelopment Agency This report has been prepared utilizing generally methodologies as contained within the Uniform promulgated by the Appraisal Foundation. Vivian Brooks, Executive Director 710 North Federal 11ighway Boynton Beach, FL 33435 accepted appraisal guidelines, techniques, and Standard of Professional Practice (USPAP), as Martin Luther Ying Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 18 Page 370 of 464 My-fullLy The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale- the buyer and s0l� the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the qp-,assing of title from seller to bu - �er under conditions whemk,,"J�-B=r and seller are typically motivated; (2) Both parties are well informed or well advised, and acting in what they consider their own best interests; (3) A reasonable time is allowed for exposure in the open market; (4) Payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) The price represents normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) and the Interagency Appraisal and Evaluation Guidelines, Federal Register, Volume 75, No. 237, December 10, 2010). Hypothetical Condition A condition, directiv related to a siDecific assiatiment. which is contrary to vr'Vat is �vfovi-i bv the :?-mnTaiSeT tO I - - I. W01 OIWIWIJ�! I remon kill 16ONNO) RMON"Wil -m=. .1 I -Q- - 7YU—SM17OUVIA UUJIULUU11h 1EV YZIRrarf L01,011 YOUR ROUTL PHYSICill, 109m, 57 R"Tiumic unaracteristics 51 Me subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis (USPAP, 2012-2013 ed.). I W,T-Q W Dl',4 b'89 The property rights appraised are those of the fee simple estate. Fee simple estate is defined as absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat (The Dictionary of Real Estate Appraisal, 5th ed., Chicago: Appraisal Institute, 2010). 0 6114 Q OKI We found that buyers of similar properties in this market are primarily investors who are purchasim-1 property in this urban infill area for development or assemblage for potential redevelop. The sal comparison approach reflects the actions of typical buyers. i The traditional appraisal approaches include the cost approach, the sales comparison approach, and the 4come capitalization approach. We have considered all three approaches in this assignment, and �s vacant la-vid. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 19 Page 371 of 464 In the process of gathering data for the sales comparison approach to value, we conducted a search of our appraisal files and public information sources such as the Palm Beach County Property Appraiser's public access system and the Palm Beach County Clerk's Office, as well as subscription based information services such as CoStancom. and RealQuest.com for comparable sales in the relevant market area. We searched for the most similar sales to the subject property. The sales ultimately selected for further analysis were the best comparable sales we were able to find in this market. We obtained and verified additional information on the comparable properties with a party to the transaction, or a broker or agent of the parties when possible. We inspected the exterior of the subject property and the comparables. Physical data pertaining to the subject property was obtained from an inspection of the premises and public information sources such as the Palm Beach County Property Appraiser's records. Other data pertaining to the subject property was obtained from the Palm Beach County Clerk's and Tax Collector's offices and local planning and zoning departments. The product of our research and analysis is formulated within this report for analysis of and direct comparison with the subject property being appraised. Additionally, we have used original research performed in preparation of other appraisals by this office, which is considered appropriate for the subject property. We make no warranty as to the authenticity and reliability of representations made by those with whom we verified sales, rental, and other information. We have taken due care in attempting to verify the data utilized in this analysis. We based our analysis and conclusions on overall patterns rather than on specific representations. The analysis and conclusions of this appraisal assignment are presented in a narrative appraisal report. in Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A Job No.- 2150066.000 20 Page 372 of 464 Co K I N IN IZ I N A R T I CN �1lawasanea WAM F.L 0 R 1'6 A 0 A L M 54 A€ It -.VdkMbh~ owd Rr�t" Cram r"e­ Nwi C 0 L L I E 8 Geography Palm Beach County is located along Florida's Southeast coast. It is bordered by Martin County to the north, Hendry and Glades Counties to the west, Broward County to the south and the Atlantic Ocean to the east. The northwestern portion of the county is made up of Lake Okeechobee, the largest freshwater lake in Florida. The county is located approximately 80 miles north of Miami and 260 miles south of Jacksonville. area, 229 square miles of water, and 47 miles of coastline. The local wealer f'eaturesran average hi 7 temperature of 83 degrees and an average low temperature of 67 degrees. The average alual rainfall is inches. - I an increase of 3.9 percent from the 2010 census statistics of 1,320,134. The vast majority of the county's growth has been a p.,,V,2_Tt Counties to the south. Palm Beach County ranks as the third most populous county in Florida behind Miami -Dade and Broward Counties. The county includes 38 incorporated municipalities; the largest of which is West 1. 11 Beach, the county seat. Boca Raton, located at the south end of the county, is the second largest city and one of the highest income retail trade areas in the United States. 'ne coastal towns of Palm Beach, Gulf Stream, and R. 1. are some of the wealthiest communities in the United States. Martin LutherYingJr. Blvd. LandParcels 3,6,7,8,12,13,15,16,17, & 20 A&C Job No.: 2150066.000 21 Page 373 of 464 fl= 1� Interstate 95 is a major north/south thoroughfare that connects Palm Beach County to the southeastern and northeastern portions of the state, then continues along the Eastern Seaboard to Maine. Florida's Turnpike also passes through the county and provides connections to the north central area of the state and Miami to the south. Other north/south highways include AlA, U.S. Highway 1, Congress Avenue, Military Trail and U.S. 441. There are numerous local east/west roadways with Southern Boulevard providing access to the western portions of the county, as well as Florida's West Coast. The expanded Palm Beach International Airport is conveniently located to provide air service to and from Palm Beach County. The airport's growth necessitated a direct access overpass interchange with 1-95 which significantly improved ingress and egress for PBIA. Other transportation services in Palm Beach County include the Florida East Coast Railway for rail service and The Port of Palm Beach for the shipping and cruise industries. Tri -Rail provides commuter service through Miami -Dade, Broward, and Palm Beach Counties. Palm Beach County provides a bus service for transportation throughout the county and several of the local municipalities have various forms of local downtown transportation including trolley service and electric cars. I The unemployment rate in Palm Beach County reached a peak of 12 percent in July 2010. As of November 2014, the unemployment rate was 5.2 percent according to the U.S. Bureau of Labor Statistics. This is down -1.3 percent from the November 2013 unemployment rate of 6.5 percent. Tourism is the county's leading industry, employing over 70,000 people and generating about two billion dollars annually. The other multi- billion dollar industries are construction and agriculture. All three industries experienced some decline due to economic conditions from 2007 until the middle of 2011. The economy began to stabilize in mid -2011 and these industries continued to experience signs of recovery through year end 2014. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 22 Page 374 of 464 xmjz� Residential Real Estate 1,.iV � C' ; -., 10,12 12 (111i 1 4:11, t 4, ad i,, 7, Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 23 Page 375 of 464 Commercial Real Estate According to the Marcus and Millichap 2014 Report, "The market is making steady progress in its recovery, as vacancy has declined more than 300 basis points from the high point, but some obstacles remain." Despite positive economic trends, the occupancy rate has not reached prerecessionary levels. Local investors, however, have remained active and there has been an increase in the number of sales of assets Ii -Fre ag1 IT-sk-Ti I r9.I-Ti a I Too 011- it -IN 11111. 1 V 0190 "T" O&T IT 4 r 1191=1 ff 1 41 U. L�l -L L11 Speulu�ft W-1 caun. pro WL is WM The total vacancy rate for the Pahn Beach County office market fourth quarter 2014 decreased to 14.5 percent. Rental rates averaged $26.29per square foot, a slight decrease from the third quarter. Net absom,tion for the fourth pun A2 quarter, with 55,590 square feet still under construction. Vnchr-rril ;?014 Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 24. Page 376 of 464 ITZOR low NATO a decrease from the previous quarter. Net absorption was positive 83,002 square feet in the fourth quarter 2014. Vacant sublease space decreased ending the quarter at 192,272 square feet. There was a total of 745,634 square feet remaining under construction at the end of the year. W= 411 . . . . . . . . . . ................ the end of the year. yff-IM W�.R, 40:, 883.987 14, 2MSOI 70LIZIF 77 � 14962.47S 32, 82711?47 N ■ Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.- 2150066.000 25 Page 377 of 464 » � :TY yff-IM W�.R, 40:, 883.987 14, 2MSOI 70LIZIF 77 � 14962.47S 32, 82711?47 N ■ Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.- 2150066.000 25 Page 377 of 464 The most recent addition of PwC Real Fstate Investor Suivey, Soutbeast Regional Aparment Market indicated that select apartment markets in Tampa, Orlando, and Miami have experienced a slight increase in market rents. The publication stated that "a lack of new supply, positive demographic trends, and an unwillingness to purchase homes due to economic uncertainty resulted in increased demand and falling vacancy rates for many apartment areas". 11;11IIII�1111!1;1;��Iij !111;1111;�� ;;Iji 111�� 11� 111 11 '-f=JVX 1=1 J5=01r-WV-111LTaPa1M1CHt MarAVI PrUtK'-'-[.: 1 C)LgH Me 1H1 111r, 11 d IPF -1 nal in far has not adversely affected countywide vacancy and rents. The steady improvement in proper operations and solid prospects for further growth indicate that the powerful economic forces at 1work continue to generate strong rental housing demand in the county over the near term." ,2014 Annual Apartment Forecast Fjoplayment: Palm Beach County payrolls will gmw 2.9 percent this ym, or by 15,700 ti s. Employers hired nearly 30,000 workers ever the p=t Wos s. inchding 1&200 em- ployees in 2013. Consl to cri a a 3 Developers tv II! r,)Iaze 2, QQ 0 unix rl itrvi c c nn die county this year, marking a nibnoz reduujon ftom th-2 2,052 rzVA b5m& ro max er In 2013. Muldfunily peratit isul- Imi ance is an cmck to Jap slighdy, tG 2,100 units. Vacanty-, Following a 100 balih-point decline 411 WeaZ V=10C I j1? V91 --A B--2Ch CU11=1 'Wfl� sbp zn= �z an additional 30 basis points in 2014 to 4.7 pv.�cenraq dLra nrA Durrzz�ni a4d ns to wnld �1 X!.�, I stock. Net ahsorption will exceed 2,100 units. Rms. The average rent in the county will atirmice 4.0 pewerit this year ro � 3,27/ G per month. A Iain of C.5 p.rm-nt v;os recorded in 2011 MSM S,nnnx Martin Luther 1r, Blvd. Land Parcels 3,6,7,8,12,13,15,16,17, &20 A&C Job No.: 2150066.000 26 Page 378 of 464 All S,nnnx Martin Luther 1r, Blvd. Land Parcels 3,6,7,8,12,13,15,16,17, &20 A&C Job No.: 2150066.000 26 Page 378 of 464 Some of the factors that fed Palm Beach County's past growth diminished in 2UU7 with a decline in the national economy which included reduced home prices and high unemployment. This trend continued until the middle of 2011 when signs of stabilization began to emerge. In the fourth quarter 2011, sales activity began to show signs of recovery. Since 2012 there has been a very slow but steady rebound in the economy. This trend of recovery has continued through 2014 and looks to continue as 2015 begins. Despite the highest rate of foreclosures in the nation, unemployment rates have decreased and home prices are trending slightly upward in some markets. The market is experiencing a steady climb from the depths of the recession which has spurred investors into action. The long-term outlook for Palm Beach County is considered positive due to the broad employment base and desirability as a winter tourist destination. As population grows, more supporting commercial, industrial, and service development will be required. These factors, combined with a finite quantity of developable land, create a positive real estate outlook for the future. Martin Luther 'ng Jr. Blvd. Land Parcels 3, 6, 7, 8,12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 27 Page 379 of 464 1 i1`.11 1 ' The subject property is located in primary residential locale just west and north of downtown Boynton Beach. This area was targeted for enhancement by the CRA about 10 years ago and the 380 acre Heart of Boynton Community Redevelopment Plan was developed. Historically, this area has been a downtrodden location with numerous vacant lots and old dilapidated homes and multi -family properties with dated infrastructure. More recently, through private and community efforts, a noticeable revitalization has been taking place. Older properties have either been demolished or renovated and many new homes have been built. Additionally, roads, sidewalks, and street lighting have been upgraded. There are still many vacant lots and much to be done but obvious changes have been taking place. Revitalization of the subject neighborhood is evident from a casual drive through the area. A total of 21 new homes have been built in the Ocean Breeze West project and a 200 unit multi -family development in Ocean Breeze East is planned. Galaxy Elementary School has a newly rebuilt campus, the Carolyn Sims Center was redeveloped in 2009, and the Poinciana Elementary School was completed in 2009. Seacrest Boulevard's streetscape project was completed in 2011. The area also includes a large Head Start center. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12,13,15,1.6,17, & 20 A&C Job No.: 215 66.000 28 Page 380 of 464 In 2014 the CRA revised and updated their Heart of Boynton Community Redevelopment Plan. The plan calls for further redevelopment of several specific areas with the western and northeastern area remaining primarily single family residential in nature and the southeastern portion being a multi -family, light industrial and mixed use area. Along the east edge of the area is an existing light industrial strip. The plan calls for expansion of the CBD district into the southeast quadrant of the area also. The updated plan calls for increases in residential density and commercial intensity in some specific areas and cases. Revitalization of a low income locale can be problematic. But when accompanied by nearby, upscale, high- end projects there is generally has a higher probability of success. Redevelopment of the downtown Boynton Beach waterfront has finally become a reality and this area is just blocks from the Heart of Boynton area. The main east -west through street in the Heart of Boynton is Martin Luther King Jr. Boulevard. This area in the center of the eastern part of the area is intended for multi -family use with a commercial nodes at each end of Martin Luther King Jr. Boulevard. In this mix at Northeast 8h Avenue and North Seacrest Boulevard is a large Baptist church with school and the city's public works department. The church intends to eventually build a life center on a vacant quarter block they own and the Heart of Boynton plans calls for the redevelop of its public works facilities into a multi -family project. A new Family Dollar is planned for the southeast corner of Martin Luther King Jr. and North Seacrest Boulevard and the CRA has been acquiring land at the northeast corner of the intersection with the hopes of attracting a small grocery store. The subject property is being assembled with adjoining properties by a private developer for multi -family residential redevelopment. In order to enhance the CRA efforts the Heart of Boynton plan calls for increased residential density and more intense commercial uses through land use and zoning changes and mixed use designations in the central and southern areas of the eastern part of the area. The Martin Luther King Jr. area is intended for a multi -family density of up to 20 dwelling units per acre. The redevelopment efforts by both public and private entities have greatly enhanced the area but the area still needs noticeable improvement. Over the past several years real estate values have increased and unemployment rates decreased although this area remains well below county norms in both aspects. Predictions are for continued improvement and additional redevelopment the locale. Martin Luther King Jr. Blvd. Land Parcels 3,6,7,8,12,13,15,16,17, & 20 A&C Job No.: 2150066.000 29 Page 381 of 464 W � 1 Taxpayer of Record Palm Beach County Property Control Numbers 08-43-45-21-10-005-0050, 08-43-45-21-10-005-0090, 08-43-45-21-10-005-0100, 08-43-45-21-04-000-0202, 08- 43-45-21-10-004-0050, 08-43-45-21-10-004-0060, 08-43-45-21-10-004-0080, 08-43-45-21-10-004-0090, 08-43- 45-21-10-004-0100, and 08-43-45-21-10-004-0130 Assessed Value and Taxes for 2014 The following information was taken from the Palm Beach County Property Appraiser's and Tax Collector's web sites. A typical informed buyer would recognize the probability of a reassessment following a sale of the property and the possibility that taxes could change as a result, if the assessed value is substantially different than the true market value. The overall assessment reflects a value of $1.89 per square foot of land area. The subject commercial lots (parcels 3, 6, 7, and 8) total 47,308 square feet have an assessed value of $2.47 per square foot while the residential lots (parcels 12, 13, 15, 16, 17, and 20) total 33,598 square feet reflecting an assessed value of $1.07 per square foot. Our value conclusion does not discount for any taxes owed on the property, current or delinquent. The value assumes the property is free and clear and not subject to any prior year's delinquencies or outstanding tax certificates. The appraisers strongly suggest any potential buyer, mortgagee, or other investor in the property fully investigate the tax status of the subject property with the County's Tax Collectors office. Martin Luther King Jr, Blvd. Land Parcels 3, 6, 7, 8, 12, 13,15,16,17, & 20 A :C Job No.. 2150066.000 30 Page 382 of 464 The subject property is located in census tract 0061.00. Census TractjUa g SW iv Subject "RA Al N Ao fkw�mAqo Kptm J The subject property is located on the National Flood Insurance Program Map on Community Panel Number 120196-0004-C, effective date of September 30, 1982. The subject appears to lie in an area designated as zone C. rl-11�1 to 4=4 a Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 31 Page 383 of 464 NE MhAdk Ti- V& NE 1 2M AvO 'Thu NNW. ur, Otpi,pwt, NE vn,� ,V, pff & IX SNA, 14t 11 ".L W 761p'l g ce"a" I E, On KRA41" N, - V ME 0711,Aw U 414A,O ft MThA,A 'a, Vu% C Subject "RA Al N Ao fkw�mAqo Kptm J The subject property is located on the National Flood Insurance Program Map on Community Panel Number 120196-0004-C, effective date of September 30, 1982. The subject appears to lie in an area designated as zone C. rl-11�1 to 4=4 a Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 31 Page 383 of 464 NE MhAdk R, NE 1 2M AvO 111"Ava NNW. NE vn,� ,V, pff IX SNA, g On KRA41" N, - V ME 0711,Aw 414A,O 'a, 9 411 1IN IUA- VV Ox. wn A 6, V"if 1 4i't 5 - pp IS sm 2Nd A� SW U A MdAm SAM 4 T h A, . SE MA,,* I�! i i f I Subject "RA Al N Ao fkw�mAqo Kptm J The subject property is located on the National Flood Insurance Program Map on Community Panel Number 120196-0004-C, effective date of September 30, 1982. The subject appears to lie in an area designated as zone C. rl-11�1 to 4=4 a Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 31 Page 383 of 464 Zoning and Future Land Use The subject property's use is dictated by the City of Boynton Beach Zoning Code and Comprehensive Plan. The City of Boynton Beach zoning and future land use maps indicate the subject property has a zoning designation of C2 (Neighborhood Commercial) and R2 (Single & Two Family Residential) with an underlying land use designation of LRC (LA)cal Retail Commercial) and MEDR (Medium Density Residential). The subject lots along Northeast 9'b Avenue are zoned for single and two family residential use with a permitted density of up to 9.58 dwelling units per acre in the form of single family and duplex buildings. The zoning states a max density of not more than 10 du/ac while the land use maps shows a maximum density of 9.58 du/ac. Additional uses (group homes, social service agency, church, day rare, governmental office, school, and community garden) are allowed under a special exception or additional conditions. The updated Heart of Boynton plan increases this density up to 20 dwelling units per acre and more flexible building types. Martin Luther King Jr. 131vd. Land Parecls 3, 6,7,8,12,13,15,16,17, & 20 A&C Job2150066.000 32 Page 384 of 464 WOON�`TIVQF* JZL�E The subject lots along Martin Luther King Jr. Boulevard are zoned for low -intensity neighborhood commercial use. This zoning allows numerous commercial uses as well as single and multi -family uses. The zoning permits such uses as convenience stores, many retail stores, restaurants, and many office type uses. Additional uses such as cemetery, gasoline station, car wash, minor auto repair, and funeral home are permitted under a special exception or additional conditions. Most of these lots are intended for residential use of up to 20 dwelling units per acre under the updated Heart of Boynton plan. It is our understanding that the Heart of Boynton plan would allow a mixed use development on the subject property with up to 20 du/ac and a maximum building height of 45 feet. The plan also calls for increased intensity of commercial uses. If the property were part of a commercial / residential mixed use node at Martin Luther King Jr. Boulevard and North Seacrest Boulevard a residential density of up to 30 du/ac would be permitted. The appraisers have not independently verified that .the subject complies with current site development regulations (setbacks, site coverage, etc.). It has been assumed that by virtue of the subject's on-going use, should there be any areas of non-compliance, a variance has been issued or some other form of special exception has been made. Zoning MaD Martin Luther Mng Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.. 2150066.000 33 Page 385 of 464 Land Use Map �mnd "I e jewsiption LOW DENSITY RESIDENTIAL (LDR) Max. 4.84 D.U.JAcre MODERATE DENSITY RESIDENTIAL (MODR) Max. 7.26 D.U./i MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 9.68 D.U./Acre on HIGH DENSITY Rr-SIDENTIAL (HUR) Max. 10.8 D-U./Acm ln� SPECLAL HIGH DENSITY RESIDENTIAL (SHDR) LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) INDUSTRIAL (1) RECREATIONAL (R) lW MIXED USE (MX) 1W MIXED USE CORE (MXC) M MIXED USE SUBURBAN (MXS) ,Mffi DEVELOPMENT OF REGIONAL IMPACT (DRI) CONSERVATION (CON) CONSERVATION OVERLAY (C/0) Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 34 Page 386 of 464 W ZURAII&I"T"1110 I&XV-EXAM"INVII The strongest growth control measure ever imposed was passed by the Florida Legislature and became effective on February 1, 1990. This was mandated by Chapter 163, Florida Statutes, otherwise known as the Growth Management Law. One provision of this law is referred to as Concurrency which dramatically limits the ability to develop real property. It is basically the requirement that adequate infrastructure be available to serve new development. Eight types of infrastructure are affected including traffic, potable water, sewer, drainage, solid waste, recreation and open space, mass transit, and fire rescue. In May of 2011, House Bill 7172 amended the Growth Management act in an effort to spur economic growth through streamlining and lessening growth management controls. Transportation concurrency mile. Also, within dense urban land areas, the DRI process has been exempted. State review of local co -t;m i ' _*i1 ibmvt yvfnamxrwd�p with land use plan amendments. i N AAW It" Kiii, map a u-11 (wig tole [Glow I Igall .5 $'N LIM The following utilities are available to the subject property: Water, electricity, municipal sewer. Subject Property Sales History The appraisers have not been provided with a title abstract on the property appraised nor have they conducted a title search of their own. The Palm Beach County Property Appraiser's records indicate that the subject lots were acquired between 1982 and 2006 by the CRA for 826,100 in various deeds. It is our understanding that CRA has approved a purchase and development agreement with Gardner Capital with a price of $600,000 for the subject 10 lots. This equates to $7.43 per square foot of land area. Gardner Capital intends to develop the lots with multi -family units after assemblage with adjoining lots. Site Analysis The following analysis is based upon a personal inspection of the site and Palm Beach County Public Records. Location The subject property 10 lots are located along East Martin Luther King Jr. Boulevard and Northeast 9th Avenue just east of North Seacrest Boulevard in Boynton Beach. Florida 33435. Martin Luther King Jr. Blvd. Land Parcels 3,6,7,8,12,13,15,16,17, & 20 A&C Job No., 2150066.000 35 Page 387 of 464 T I .7.01 -11 ORI! size of the commercial lots on Martin Luther King Jr. Boulevard in terms of square feet while the size of the residential lots on Northeast 9' Avenue are shown in acres. Frontage and depth of each lot is derived from the county ownership map from RealQuest. From this data we have developed the following approximate lot dimensions and size chart. 'I'll!"I I III IPI 111111111 0- =-' 1111 1 -,.OJLL k2j, rg'A Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13,15,16,17, & 20 A&C Job No.: 2150066.000 36 Page 388 of 464 WIN sm,41- N Northeast 9th Avenue Northeast 9th Avenue Northeast 9th Avenue, Northeast 9th Avenue OIL# Northeast 9th Avenue If 'I'll!"I I III IPI 111111111 0- =-' 1111 1 -,.OJLL k2j, rg'A Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13,15,16,17, & 20 A&C Job No.: 2150066.000 36 Page 388 of 464 F.i IIIVE7 ww"01MEMI The site is level and near road grade. On-site drainage will be determined by eventual development. Off - Me drainage is by a public drainage system. Access is via Martin Luther King Jr. Boulevard and Northeast 9' Avenue. Both are two lane, public roa with nearby connections to major roadways including Seacrest Boulevard, Federal Highway, Boyntl Beach Boulevard and an 1-95 interchange. $W, Typical utility easements are believed to exist, although a survey that would delineate the boundaries of such was not made available to the appraisers. The appraisers did not note any such conditions during our on-site inspection. We have no reason to believe that there are any easements or encroachments on the property that would affect its use in such a way as to have a negative impact on value. 5oilffnvironmental Conditions We have not been provided with nor have we commissioned a soil or sub -soil condition report. The subject's land appears to be composed of typical loose South Florida sand. The appraisers have no reason to believe that there may be hazardous materials stored and used at the property. The appraiser, however, is not qualified to detect such substances. The presence of potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. Martin Luther Ving Jr. Blvd. Land Parcels 3,6,7,8,12,13,15,16,17, & 20 A&C Job No. - 2150066.000 37 Page 389 of 464 V The Appraisal Institute defines highest and best use as follows: The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. Alternatively, the probable use of land or improved property—specific with respect to the user and timing of the use—that is adequately supported and results in the highest present value. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 5th ed., Chicago: Appraisal Institute, 2010). The analysis of highest and best use normally applies these considerations in a three step process, involving the analysis of the highest and best use of the site as if vacant, determination of the ideal improvement, and a comparison of the existing improvement with the ideal improvement, in order to estimate the highest and best use as improved. The subject is vacant land, therefore only the first two steps apply. The subject site contains roughly 1.85 acres in two tracts and could physically support a number of uses. We have assumed the subject is part of a larger assemblage. It is our understanding that this assemblage is still in progress. It appears from the surrounding ownership interest and uses the final assemblage will be around two to three acres. The physically possible uses must be legal, reasonable, probable, and a logical continuation of surrounding uses within the subject property's neighborhood. The current zoning is commercial and residential but the Heart of Boynton plan indicates the property could be improved under a commercial / residential mixed use designation with up to 20 dwelling units per acre. The highest and best use of the subject property is for assemblage with nearby surrounding properties and development with a residential or mixed use redevelopment. Martin Luther King Jr. Blvd. Land Parcels 3,6,7,8,12,13,15,16,17, &20 A&C Job No.: 2150066-000 38 Page 390 of 464 14,111IN16195 M111313,1434 V1LNNIUTY1-� Exposure time is: 1) The time a property remains on the market; 2) The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; 3) A retrospective estimate based on an analysis of past events assuming a competitive and open market. Marketing time is an opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal. Advisory Opinion 7 of the Appraisal Standards Board of The Appraisal Foundation and Statement on Appraisal Standards No. 6, Reasonable Exposure Time in Real Property and Personal Property Market Value Opinions address the determination of reasonable exposure and marketing time. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 5th ed., Chicago: Appraisal Institute, 2010). Credit markets have constricted over the past couple of years but are now showing signs of easing and financing for commercial properties appears to be more readily available at this time. Most properties offered for sale have been exposed on the market for six to twelve months or longer. The CoStar Group reported the sale of 35 residential land sales in Palm Beach County from January 2013 through February 2015 where they reported marketing times. The marketing times ranged from 47 to 2,535 days with a mean of 652 days. There were 6, however, with unusually long marketing periods of over 3 years. The reaming 29 sales reflect a mean marketing time of 431 days. They reported the sale of 100 commercial land sales where they reported marketing times during this same time frame. The marketing times ranged from 9 to 2,298 days with a mean of 749 days. There were 24, however, with unusually long marketing periods of over 3 years. The reaming 76 sales reflect a mean marketing time of 429 days. The local Multiple Listing Service reported the sale of 4 commercial land parcels in the greater Boynton Beach area from January 2013 through February 2015. Marketing times ranged from 26 to 949 days with a mean marketing time of 280 days. The MLS also reported the sale of 28 residential parcels during this time frame with marketing times from 21 to 1,217 days and a mean marketing time of 305 days. Considering the preceding, as well as improving market conditions, and assuming a prudent pricing strategy, we estimate an exposure time of 6 to 12 months. Looking forward, we feel this would be a reasonable estimate for marketing time as well. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A Job No.: 2150066.000 39 Page 391 of 464 The sales comparison approach is the process of deriving a value indication for the subject property by comparing market information for similar properties with the property being appraised, identifying appropriate units of comparison, and making qualitative comparisons with or quantitative adjustments to the sale prices (or unit prices, as appropriate) of the comparable properties based on relevant, market - derived elements of comparison. (Appraisal Institute, The Dictionary of Real Estate Appraisal, 5th ed., Chicago: Appraisal Institute, 2010.) The sales comparison approach requires that the appraiser locate recent sales of similar properties and through an adjustment process arrive at an indication of what these properties would have sold for if they possessed all of the salient characteristics of the subject property. These adjusted sales prices are then correlated into an estimate of the market value of the property via the sales comparison approach to value. A search of the Palm Beach County official records, local multiple listing service records, discussions with local brokers and appraisers and a personal inspection of the subject area produced several sales of similar type properties. The sales used in the analysis were the best comparables that we were able to verify with public records and/or a party to the transaction. Based on the newly updated Heart of Boynton neighborhood redevelopment plan the subject property assemblage has potential for multi -family residential use or mixed commercial / residential use. As a result we are using a mix of commercial and residential sales in our analysis. Additionally, we are including the current sale of the subject for informational purposes only. The following pages feature a detailed write up of each comparable used in the analysis, a location map and summary of the selected comparable sales data, which is followed by a discussion of the pertinent adjustments and conclusion of value. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A Job No.: 2150066.000 40 Page 392 of 464 SALE NO. I - 101 Northeast 8:h Avenue, Boynton Beach, FL 33435 AC File No.- 2150066 it OR Book/Page: 25720/0020 Type: Land Sale Status: Sale Sub -Type: Multi -Family (> 1 Unit) [on August 3, 2012 Grantor: Mary Lee Upshaw Grantee: Saint John Missionary Baptist Church Legal. Lot 3, Block 2, Palm Beach Country Club Estates, Plat Book 11, Page 43, Palm Beach County, Florida Folio No.: 08-43-45-21-10-002-0030 Location: South side of Northeast 8th Avenue just east of North Seacrest Boulevard about 1/3 of a mile north of Boynton Beach Boulevard Zoning: R2 - Single and Two Family Residential by Boynton Beach Land Use: Medium Density Residential Utilities: Water, electricity, municipal sewer Martin Luther ng r. Blvd. Land Parcels 3, 6, 7, 8, 12,13,15,16,17, & 20 A&C Job No.: 2150066.000 41 Page 393 of 464 Site Size: Square Feet: 5,700 Acres: 0. 13 Shape: Rectangular Street Frontage (Ft.): 54 TopogrqphyLElevation: Level, near road grade Wensity: Total No. of Units: 2 (Per Zoning) Units/Acre: 15.27 Use: Current Use: Vacant Intended Use: Redevelopment M91wst and Best Use: Residential / Redevelopment Verification: Source: Tlielma Relationship: Buyer's Receptionist Conditions of Sale: Arm's-length Verified By: Gary Orr Date: February 19, 2015 Sales History: Sales Price: Price/SF Land: Price/Acre: Price/Unit: Financing: Comments: No transactions in the previous five years $75,000 $13.16 $572,519 $37,500 Cash This is the sale of a duplex lot particularly wanted by the buyer. The property had contained an old home that was damaged by hurricanes with only the slab remaining at the time of purchase. The buyer is the church / school across the street to the north who also owns lots on the east and west sides of this sale parcel. The church plans on evidentially developing the land with a Life Center. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.. 2150066.000 42 Page 394 of 464 SALEN0.2 - 413 East Ocean Avenue, Boynton Beach, FL 33435 AC File No.: 2150066 ID: 90781 OR Book/Page: 26484/0125 Type: Land Sale Status: Sale Sub -Type; Commercial D. December 4, 2013 Grantor: BobKatz Properties, Inc. and 417 East Ocean Ave, LLC Legal: Lots 2 through 6, the East 30 feet of Lot 9, and lots 10 and 11, Block 5, Town of Boynton, Plat Book 1, Page 23, Palm Beach County, Florida Folio No.: 08-43-45-28-03-005-0020, 08-43-45-28-03-005-0091, 08-43-45-28-03-005-0100, and 08-43-45-28-03-005-0040 Location: East side of East Ocean Avenue and cast side of Northeast 3rd Street on the west side of the FEC railroad tracks, just north of Ocean Avenue in Boynton Beach Zoning: C2 - Neighborhood Commercial by City of Boynton Beach Land Use: Local Retail Commercial Utilities: Water, electricity, municipal sewer Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8,12,13, 15,16,17, & 20 A Job No.- 2150066.000 43 Page 395 of 464 Site Size: Square Feet: 44,634 'w !' ! 1 tg' +'• !I! ` M 1 road.�!" Vacant! Intended Use: Commercial Development ffighest ! Best Commercial 11l'Development Iterification: Source: Robert Banting, Anderson & Carr, Inc. Relationship: VerifiedConditions of Sale: Arm's-length Orr Date: i History:Sales transactions previous Sales Price: $650,000 Price/SF Land: $14.56 Price/Acre: $634,146 Financing: $300,000, Seller PMM with 5 year balloon Comments: This is a two part sale of an on-going assemblage for future development. The sale took place under two deeds dated in November and December of 2013. The later deed is found in OR 26546/0001. The property is divided by an older road right of way that will most likely be abandoned and assembled into the property in the future. The 12,564 square foot east half of the north part of the property sold at $100,000 or $7.96 per square foot and the remainder of the property, 32,070 square feet, sold for $550,000 or $17.15 per square foot. As of February 2015 another adjoining vacant tract along with improved properties (commercial and industrial) to the south of East Ocean Avenue is to be purchased in the near future. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, g, ].2,13,15,16917, & 20 A .0 Job No.: 2150066.000 44 Page 396 of 464 SALE NO. 3 - 505 Southeast 21st Avenue, Boynton Beach, FL 33435 AC File No. - 2150066 ID: 907824 OR Book/Page: 26810/1138 Type: Land Sale Status: Sale Sub-T�pe: Multi -Family (> 1 Unit) Date: May 5, 2014 Grantor: Wells Fargo Bank, N.A. Grantee: Ralph Giunta Legal: Long legal in the East 1/2 of the Northeast 1/4 of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida Folio No.: 08-43-45-33-00-000-1240 Location: North side of Southeast 21st Avenue just west of South Federal Highway one-third of a mile south of Woolbright Road, Boynton Beach Zoning: R3 - Multiple Family Residential by Boynton Beach Land Use: High Density Residential Utilities: Water, electricity, municipal sewer Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 45 Page 397 of 464 Site Size: S -quare Feet: 6,500 Acres: 0. 15 Shgpe: Rectangular Street Frontage (Ft.): 65 TopogrgRhy/Elevation: Level, near road grade Density: Total No. of Units: 2 (Per Zoning) Units/Acre: 13.42 Use: Current Use:. Vacant Intended Use: Multi -Family Residential Highest and Best Use: Multi -Family Residentil Verification: Source:, Bryan Taksey, The Keyes Company Relationshiv: Listing Broker Conditions of Sale: Arm's-length Verified By: Gary Orr Date. February 19, 2015 Sales History: Sales Price: Price/SF Land: Price/Acre: Price/Unit: Financing: Comments: $225,000, July 2005, OR 18962/0872; $62,300, September 2013, OR 26356/1742, Foreclosure $25,000 $3.85 $167,785 $12,500 Cash This is the sale of a vacant multi -family lot. It had been improved with an older single family home which was torn down prior to the sale. The property was an REO sale. It had been listed for $24,900 and sold after 25 days on the market. The lot is sub -standard in width but it appears it would be suitable for development with a residential duplex. Martin Luther ICng Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15,16,17, & 20 A&C Job No.: 2150066.000 46 Page 398 of 464 SALE NO. 4 - 513 Southeast 4th Street, Boynton Beach, FL 33435 AC File No.: 2150066 ID- 907828 0o age: 27145/0466 Type: Land Sale Status: Sale Sub -Type: Commercial Date: October 30, 2014 Grantor: Burton Metsch Revocable Living Trust Grantee: Shamsad Islam Legal: on legal in Lots 9 and 10, Pence Subdivision No. 1, Plat Book 1, Page 33, and a portion of Railroad Avenue, Palm each County, Florida Folio No.: 08-43-45-28-07-002-0091 Location: West side of Southeast 4th Avenue one block west of South Federal Highway and one-half mile south of East Boynton Beach Boulevard, Boynton Beach Zoning: C3 - Community Commercial by Boynton Beach Land Use: Local Retail Commercial Utilities: Water, electricity, municipal sewer Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 47 Page 399 of 464 OR Site Size: Square Feet: 44,451 Acres: ' 1.02 Shape: Irregular Street Frontage (Ft.)L 152 Topography LElevation: Uvel, Dear road grade Use: Current Use:. Vacant Intended Use: Unknown Hip—hest and Best Use: Commercial / Residential Verification: Source: All Stall, Hudson Realty Relationship: Listing Broker Conditions of We- Arm's-length Ver` °ed �B. Gary Orr Date: February 19, 2015 Sales History: No transactions in the previous five years Sales Price: $200,000 Price/SF Land: $4.50 Price/Acre: $196,078 Financing: Short term $170,000 PMM Comments: This is the sale of a lightly wooded tract of land. The property is located on a secondary roadway with no commercial exposure. The listing broker was unsure of the buyers intended use of the property. It was listed for $250,000 and sold after about 14 months on the market. Martin Luther King Jr. Blvd. Land Parcels 3, 6,7,8,12,13, 15,16,17, & 20 A&C Job No.: 2150066.000 48 Page 400 of 464 SALE NO. 5 - Martin Luther King Jr. Boulevard, Boynton Beach, FL 33435 AC File No.: 2130066 ID: 907827 OR Book/Page: 27152/0198 Type: Land Sale Status: Sale Sub -Type: Commercial Date: October 31, 2014 Grantor: Blanche Girtman Grantee: Boynton Beach CRA Legal: Long legal in Lots 11 and 12, Block 1, Frank Weber Addition to Boynton Beach, Plat Book 9, Page 3, Palm Beach County, Florida Folio No.: 08-43-45-21-25-001-0110 Location: North side of Martin Luther King Jr. Boulevard one lot cast of North Seacrest Avenue about one -mile north of Boynton Beach Boulevard Zoning: C2 - Neighborhood Commercial by Boynton Beach Land Use: Local Retail Commercial Utilities: Water, electricity, municipal sewer .............. ........................................................... ......... . ............... Page 401 of 464 Site Size: Square Feet: 7,930 Acres: 0. 18 Shape: Rectangular Street Frontage (Ft.): 61 Topogra pkLElevation: Level, near road grade Use: Current Use: Vacant Intended Use: Commercial Highest and Best Use: Commercial Verification: Source: Vivian Brooks, CRA Executive Director Relationship: Buyer Conditions of Sale. Arm's-length Verified 13y: Gary Orr Date: February 19, 2015 MMH= Sales Price: $130,000 Price/SF Land: $16.39 Price/Acre: $714,286 Financing: Cash to seller Comments: This is the purchase of a small commercial lot acquired for future development. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.. 2150066.000 50 Page 402 of 464 SALE NO. 6 - Southwest 1st Avenue, Boynton Beach, FL 33435 AC File No.: 2150066 ID: 90781 OR Book/Page: 27203/0656 Type: Land Sale Status: Sale Sub -Type: Multi -Family (> I Unit) Date: December 4, 2014 Grantor: HH Community Investment Fund III, LLC W17TIT �_� P1 I zal, ron of Legal: Lots 1 through 14 and Lots 30 through 39, Block 16, Boynton Heights, Plat Book I I Page 62; Lot 9, Block 2 and Lot 12, Block 3, Sunnydale, Plat Book 24, Page 34; Lots 14 and 15, Block 2, Bowers Park, Plat Book 11, Page 57; Palm Beach Court Florida Folio No.: 08-43-45-28-10-016-0010, -0030, -0130, -0300; 08-43-45-28-21-002-0090, -0120; and 08-43-45-28-12-002-0140 Location: Southwest 1st Avenue just west of South Seacrest Boulevard, Southeast 3rd Avenue just east of South Seacrest Boulevard, Southwest 3rd Avenue just west of Southwest 3rd Street, and the Southwest corner of Southwest 4th Avenue and Southwest 3rd Street, Boynton Beach Martin Luther lUng Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 51 Page 403 of 464 Land Use: Low and Medium Density Residential Utilities: Water, electricity, municipal sewer Site Size: Sguare Feet: 112,580 Acres: 2.58 ShaRe:Rectangular Str`- !1 Fi I Topography/Elevation: Level, near road grade Density: Total Ao. of Units: 21 (Per Zoning) Units/Acre: 8.13 Ise: Intended Use: Single / Multi -Family Residential Highest and Best Use- Single / Multi -Family Residential Verification: Source: Jennifer + , n Relationship: Sellers assistant VerifiedConditions of Sale: Arm's -len ft: Gary Orr !. •2015 commentsSales ffistory: Assemblage - See Sales Price: $1,120,000 Price/SF Land: $9.95 Price/Acre: $433,437 Price/Unit: $53,333 Financing: Cash to seller Comments: This is the purchase of a 1.86 acre multiple family tract and four individual single family lots with only two of the single family lots contiguous. The property was acquired by the seller in four transactions in June 2013, October 2013, and February 2014. Two of the single family lots were acquired for $19,000 each, two single family lots for $40,000, and the multi -family tract for $400,000. The total acquisition price was $478,000. The real estate package was then sold to a prominent home builder as shown above. The multi- family tract will accommodate 18 units with each single family lot suitable for development with a house. Page 404 of 464 SALE NO. 6 (Subject) - 118 East Martin Luther King Jr. Boulevard, Boynton Beach, FL 33435 AC File No.: 2150066 ID: 907836 Sale Status: Approved by City Type: Land Sub -'Type: Multi -Family (, 1 Unit) Grantor: Boynton Beach CFQ Grantee: Gardner Capital Legal: Long legal in Blocks 4 and 5, Palm Beach County Club Estates, Plat Book 11, Page 43, and in Lots 20, 21, and 22, Robert Wells Subdivision, Plat Book 11, Page 66, Palm Beach County, Florida Folio No.: 08-43-45-21-10-005-0050, 08-43-45-21-10-005-0090, 08-43-45-21-10-005-0100, 08-43- 45-21-04-000-0202, 08-43-45-21-10-004-0050, 08-43-45-21-10-004-0060, 08-43-45-21- 10-004-0080, 08-43-45-21-10-004-0090, 08-43-45-21-10-004-0100, and 08-43-45-21- 10-004-0130 Location: South side of Martin Luther King Jr. Boulevard and north side of Northeast 9th Avenue just east of North Seacrest Boulevard, Boynton Beach Zoning: C2 & R2 - Neighborhood Commercial and City • ! !' • 1 i - r l Single Land Use: Local Retail Commercial and Medium Density Residential Martin Luther King Jr. Blvd. Land Parcels 3,6,7,8,12,13,15,16,17, w2150066.000 53 Page 405 of 464 Utilities: Water, electricity, municipal sewer Site Size: Square Feet: 80,776 Acres: 1.85 Shgpe: Irregular Street Frontage (FQ: 3 Topography/Elevation: Level, near road grade I Density: Total No. of Units: 37 (Per Zoning) !Lm Lts JAcre.• 19.96 itse: Current Use: Vacant Intended Use: Residential Highest and Best Use: Residentil Verification: Source: Vivian Brooks, Boynton Beach CRA Relationship: Seller Conditions of Sale: Arm's-length Verified M: Gary Off Date: February 23, 2015 Sales History: Sales Price: Price/SF Land: Price/Acre: Price/Unit: Financing: Comments: Various in-house quit claim deeds in late 2010 $600,000 $7.43 $323,625 $16,216 Cash to seller This is the sale of 10 individual lots forming two non-contiguous tracts of land. The buyer is assembling this parcel with others for residential development. The current zoning / land use plan reflects a lower density of up to 9.58 du/ac but the recently updated CRA Heart of Boynton neighborhood redevelopment plan calls for either mixed use or residential use up to 20 du/ac. The sale was confirmed with the seller with additional information from a recent article in the Palm Beach Post. Martin Luther King Jr. Blvd. Land Parcels 3, 6,7,8,12,13,15,16,17, & 20 A&C Job No.: 2150066.000 54 Page 406 of 464 Martin Luther ing Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 55 Page 407 of 464 r In this analysis, we considered differences between the sales and the subject in terms of property rights sold, conditions of sale, financing, market conditions (trend or time adjustment), location, land size, and quality and condition of any existing improvements. The appraisers based the comparisons on a standardized unit of measure, the sale price per square foot of land. The sale price per square foot of land correlates well among the comparable sales and is commonly used by buyers in this type of analysis. Properjy Rights The property rights transferred were believed to be those of the fee simple estate. No differences between the sales and the subject are reflected. All sales were reportedly market oriented. However, two sales were particularly needed for assemblage by the buyer. Accordingly, sales 1 and 5 have been adjusted downward for this aspect. i anti We considered any indication of favorable financing. All sales were either on a cash basis or had market oriented financing, therefore, no differences were noted nor were adjustments made. Market Conditions The sales occurred over the period from August 2012 to December 2014. The date of value is February 16, 2015. The market has shown improving market conditions over this time period but the data set does not indicate an adjustment for market conditions is warranted. Location The subject property is located on Martin Luther King Jr. Boulevard just east of North Seacrest Boulevard. Sales 1 and 5 are located in the immediate area of the subject. The data set indicates that sales 3 and 4 have similar locations. Sales 2 and 6 are situated in superior areas and have been adjusted downward for location. M Generally, larger properties will sell for a somewhat lower price per square foot of land than smaller ones, and vice versa, when all else is equal. The subject property is being appraised as if the lots were part of a larger assemblage for redevelopment. As we do not have details on larger parcel regarding final assembly size we are applying this analysis segment as if it were only marginally larger than the subject itself. Sales 1, 2, and 5 are significantly smaller with sales 3 and 4 being moderately smaller than the subject. These sales are being adjusted downward for size. Sale 6 is more similar in size and warrants no adjustment. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12,13, 15, 16, 17, & 20 A&C Job No.: 2150066.000 56 Page 408 of 464 OrWOMIRM, Properties of all different shapes can typically be developed. Some properties, however, allow for a more efficient development of the site providing for the maximum development intensity. Neither the subject (as part of a larger assemblage suitable for development) nor the comparables appear be impacted by their shape in such a manner as to limit their development. Another factor considered here is the existence of any physically detrimental site conditions such as contamination or muck. Neither the subject nor any of the comparables were known to suffer from any detrimental site conditions. ZoningLLand Use The subject property has a zoning designations of commercial and residential with potential for mixed use commercial / residential or multi -family residential development. Sales 1, 3, 4, and 6 have similar overall potential. Sale 2 has superior potential, partly due to location and sale 5 has superior potential having been purchased for assemblage directly on North Seacrest Boulevard. Accordingly, sales 2 and 5 have been adjusted downward for this aspect. Martin Luther King Jr. Blvd. Land Parcels 3, 6, 7, 8, 12, 13, 15, 16, 17, & 20 ASC Job No. m 2150066.000 57 Page 409 of 464 N .A II C req s� s� CD a s° CD o o CD :dam ra a 'nb a a a Go oq oa vw,< b oi N ocn CD o N c o o o a o G7 'd' wQ b4 64 fA C00 o o ® M b Co 00 45 s a b ti ®m ma A a c c C a a ca ~ A �s a N M m a Q 0 0 C ANUIEUSCN & (APPq, INC. [WIM Considering all of these differences, we developed the preceding quantitative comparison chart listing the sales as they compare to the subject property, based on a price per square foot of land. Not all categories considered are depicted. Those omitted reflect no differences between the sales and the subject property. The unadjusted range of value indicated by the sales is $3.85 to $16.39 per square foot of land area. The preceding quantitative comparison chart shows the value range for the subject property after adjustment based on a price per square foot of land area to be from $3.46 to $9.47 with a mean of $7.10. The sale of the subject is being given consideration but has not been included in the comparison / adjustment process. Considering all of the salient factors discussed previously and prevailing market conditions, the appraisers feel a conclusion in the middle portion of the indicated range is most appropriate. Given the preceding data and discussions, it is concluded that the market reflects a value per square foot of land area for the subject property, as if the subject lots are part of a larger assemblage of land for redevelopment, of $7.10 as of February 16, 2015. Total value is calculated as follows: 80,776 Square Feet (_W $7.10 per Square Foot = $573,509 MARKET VALUE VIA SALESC S $575,000 Martin Luther King Jr. Blvd. Land Parcels 3,6,7,8,12,13,15,16,17, & 20 A&C Job No.. 2150066.000 59 Page 411 of 464 Page 412 of 464 M M7 PROFESSIONAL DESIGNATIONS - YEAR RECEIVED MAI - Member Appraisal Institute -1984 SRA - Senior Residential Appraiser, Appraisal Institute - 1977 SRPA - Senior Real Property Appraiser, Appraisal Institute - 1980 State -Certified General Real Estate Appraiser, State of Florida, License No. RZ4 - 1991 EDUCATION ANDSPECIAL TRAINING Licensed Real Estate Broker - #3748 - State of Florida Graduate, University of Florida, College of Business Administration, BSBA (Major - Real Estate & Urban Land Studies) 1973 Successfully completed and passed the following Society of Real Estate Appraisers (SREA) and American Institute of Real Estate Appraisers (AIREA) courses and/or exams: Note: the SREA & AIREA merged in 1991 to form the Appraisal Institute. SREA R2: Case Study of Single Family Residence SREA 201: Principles of Income Property Appraising SREA: Single Family Residence Demonstration Report SREA: Income Property Demonstration Report AIREA 113: Capitalization Theory and Techniques SREA 101: Introduction to Appraising Real Property AIREA: Case Studies in Real Estate Valuation AIREA- Standards of Professional Practice AIREA: Introduction to Real Estate Investment Analysis AIREA 2-2: Valuation Analysis and Report Writing AIREA: Comprehensive Examination AIREA: Litigation Valuation AIREA: Standards of Professional Practice Part C The Internet and Appraising Golf Course Valuation Discounting Condominiums & Subdivisions Narrative Report Writing Appraising for Condemnation Condemnation: Legal Rules & Appraisal Practices Condominium Appraisal Reviewing Appraisals Analyzing Commercial Lease Clauses Eminent Domain Trials Tax Considerations in Real Estate Testing Reasonableness/Discounted Cash Flow Mortgage Equity Analysis Partnerships & Syndications Hotel and Motel Valuation Advanced Appraisal Techniques Federal Appraisal Requirements Analytic Uses of Computer in the Appraisal Shop Valuation of Leases and Leaseholds Valuation litigation Mock Trial Residential Construction From The Inside Out Rates, Ratios, and Reasonableness Analyzing Income Producing Properties Development of Major/Large Residential Projects Standards of Professional Practice Regression Analysis In Appraisal Practice Federal Appraisal Requirements Engaged in appraising and consulting assignments including market research, rental studies, feasibility analysis, expert witness testimony, cash flow analysis, settlement conferences, and brokerage covering all types of real estate since 1972. President of Anderson & Carr, Inc., Realtors and Appraisers, established 1947 Past President Palm Beach County Chapter, Society of Real Estate Appraisers (SREA) Realtor Member of Central Palm Beach County Association of Realtors Special Master for Palm Beach County Property Appraisal Adjustment Board Qualified as an Expert Witness providing testimony in matters of condemnation, property disputes, bankruptcy court, foreclosures, and other issues of real property valuation. Member of Admissions Committee, Appraisal Institute - South Florida Chapter Member of Review and Counseling Committee, Appraisal Institute - South Florida Chapter Approved appraiser for State of Florida, Department of Transportation and Department Natural Resources. Instructor of seminars, sponsored by the West Palm Beach Board of Realtors. Authored articles for The Palm Beach Post and Realtor newsletter. Real Estate Advisory Board Member, University of Florida. Air Rights Medical Buildings Amusement Parks Condominiums Auto Dealerships Shopping Centers Department Stores Industrial Buildings Service Stations Vacant Lots - Acreage Leasehold Interests Apartment Buildings Hotels - Motels Office Buildings Special Purpose Buildings Residential Projects Financial Institutions "I am currently certified under the continuing education program of the Appraisal Institute." Churches Marinas Residences - All Types Restaurants Golf Courses Easements Page 413 of 464 W State -Certified General Real Estate Appraiser RZ2335 Licensed Real Estate Salesman - State of Florida - 1978/1991 Realtor Associate Member - Florida Association of Realtors - 1978/1991 Realtor Associate Member - National Association of Realtors - 1978/1991 Realtor Associate Member - West Palm Beach Multiple Listing Service - 1978/1991 Graduate of Forest Hill High School - West Palm Beach Graduate of Pahn Beach Junior College; AA Degree Business Administration Attended University of Florida at Gainesville; College of Business Administration (1976 and 1977) Successfully completed and passed the following courses and/or seminars: SREA 101: Introduction to Appraising Real Property SREA 201: Principles of Income Property Appraising SREA: Principles of Cash Equivalency SREA: Adjusting for Financing Differences in Residential Property SREA: Market Interpretations of Extraction SREA: R41b Seminar - John Underwood, MAI, SREA SREA: R41c Seminar - Dr. William ICnnard, MAI, SREA Al: Standards of Professional Practice - Part A Al: Exam Prep. for Commercial Appraiser Certification/Licensing la'ats 11 1 A11121018MUZ1111411491 M1.9 Engaged in appraising real estate in the State of Florida since 1978. Residential and Commercial appraiser for Anderson & Carr, Inc. 1978-1992. Residential and Commercial appraiser for Sayles & Sayles, Inc. 1992- August, 1995. Presently working as appraiser for Anderson & Carr, Inc., Realtors/Appraisers. Estate Settlements General Law Suits Partnership Buyouts Acreage Churches Equestrian/Polo Estates Funeral Homes Lumber Yards Motels Peat & Soil Plants RestauranM 11 ts Sgecial PuWose Propirties Divorce Settlements Executive Relocations Mortgage Financing PBC R.E. Assessment,4.&qol,� Citrus Groves Farms Industrial Buildings Medical Offices '• •1 mr1mrp Service Stations Synagogues Automobile Showrooms Convenience Stores Foliage Nurseries Industrial Complexes Office Buildings %�UtIrE ffswa "Avnwo�ij� Shopping Centers Vacant Residential Lots Wetlands Properties Page 414 of 464 Appraiser I&E-111 FL 33401 !S Y5 REQUIRED BY LAW a * - 1 ill .#• • +4 r.,.,.�. • y ORR, GARY K 5218 OLIVE AVE PALM BEACH FL 33401 ISSUE®: 91119/2014 DISPLAYAS REQUIRED BY LAW Page 415 of 464 NOTICE OF INTENT TO DISPOSE OF REAL PROPERTY (Section 163.380. F.S.) This notice is being published to satisfy the procedural requirements for activities to be undertaken by the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes. Pursuant to Section 163.380(3)(a), Florida Statutes, the Boynton Beach Community Redevelopment Agency ("CRA") hereby provides notice of its intent to dispose of ten (10) parcels of real property pursuant to the approval of Boynton Beach Community Redevelopment Agency Board which parcels are more particularly identified as follows: • 118 E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0050 - Lot 5, Blk 5, PB Country Club Ests • E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0090 -Lot 9, Block 5 of Palm Beach Country Club Ests • E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0100 - Lot 10, 11, 12 & 13, Block 5 of Palm Beach Country Club Ests • 206 E. Martin Luther King Jr. Blvd. - 08-43-45-21-04-000-0202 - South 100 ft. of the West 5 ft. of Lot 20, 21 & 22, Robert Wells Subdivision • 117 NE 9th Ave. - 08-43-45-21-10-004-0050 - Lot 5, Blk 4, PB Country Club Ests • 123 NE 9th Ave. - 08-43-45-21-10-004-0060 - Lot 6, Blk 4, PB Country Club Ests • 129 NE 91he Ave. - 08-43-45-21-10-004-0080 - Lot 8, Blk 4, PB County Club Ests • NE 9th Ave. - 08-43-45-21-10-004-0090 - Lot 9, Blk 4, PB County Club Ests • 141 NE 9th Ave. - 08-43-45-21-10-004-0100 - Lot 10, Blk 4, PB County Club Ests • 151 NE 9th Ave. - 08-43-45-21-10-004-0130 - Lot 13, Block 4, Palm Beach Country Club Ests This intent to dispose of real property serves the public purpose of developing East Martin Luther King, Jr. Blvd. with a mixed use project of retail/residential spaces and meets the intent of the Heart of Boynton Community Redevelopment Plan. The Heart of Boynton Community Redevelopment Plan may be viewed at the CRA's website: I ttp://Nvww.catchboynton.corn/open-for-business/plans-and-documents Parties interested in making proposals for the above property must make a submittal to the Boynton Beach CRA, 710 North Federal Highway, Boynton Beach, Florida, 33435 within 30 days of publication of this notice. Additional information related to the intent to dispose may be obtained from the Boynton Beach CRA at Telephone Number (561) 600-9090. Page 416 of 464 . km is o _-_- W1 N . _ Fl.EJ INTE 7E? L7i5PQ5E CsF E PRpPERT°�� d5e_C1Un 163 3 . F 5 1 This notice is being published to satis- fthe procedural requirements for ac- tiyvities to be undertaken by the Boyn- ton Beach Community Redevelopment Agency, a public agency created pursu ant to Chapter 163, Part ill, of the Flor- ida Statutes. Pursuant to Section 163.380(3)(a), Flor- ida Statutes, the Boynton Beach Com- munityRedevelopmerst Agency (,CRA') hereby provides notice of its Intent to dispose often (10) parcels of real pprop- erty pursuanttothe approvalofBoyn- ton Beach Community Redevelopment Agency Board which parcels are more particularly identified as follows: • 118 E. Martin Luther King Jr. Blvd. - 0 B-43-45-21-10-005-0050 -Lot 5, elk 5, PB Country Club Ests • E. Martin Luther King Jr. Blvd. - 08- 43-45-21-10-005-0090 - Lot 9, Block 5 of Palm Beach Country Club Ests • E. Martin Luther King Jr. Blvd. - 08- 43-45-21-10-005-0100 -Lot 10, 11, 12 & 13, Block 5 of Palm Beach Country Club Ests • 206 E. Martin Luther King Jr. Blvd. 08-4345-21-04-000-0202 -South 100 ft. of the West 5 ft. of Lot 20, 21 & 22, Robert Wells Subdivision • 117 NE 9th Ave, - 08-43-45-21-10- 004-0050 - Lot 5, Blk 4, PB Country Club Ests • 123 NE 9th Ave.- 08-43-45-21-10- 004.0D60- Lot 6, Blk 4, PB Country Club Ests •129 NE 9the Ave. -08-43-45-21.10- OD4-ODSD - Lot 8, Blk 4, PB County Club Ests • NE 9th Ave. - 08-03-45-21-10-004- 0090 - Lot 9, 8Ik 4, PB County Club Ests • 141 NE 9th Ave.- oB-43-45-21-10- 004-0100 - Lot 10, Blk 4, PB County Club Ests • 151 NE 9th Ave. -06-43-45-21-10- 004-0130 - Lot 13, Block 4, Palm Beach Country Club Ests This intent to dls ose of real proper- ty serves the public purpose of devel- oping East Martin Luther King, Jr. Blvd, with a mixed use project of retalUresl- dential spaces and meets the Intent of the Heart of Boynton Communityy Re- development Plan. The Heart of Boyn- ton Community Redevelopment Plan may be viewed at the CRA's website: htt p:ll www. c atch b o y nto n. co m to pe n- for-businesslplahs-and- documents Parties interested In making propos- als for the above property must make a submittal to the Boynton Beach CRA, 710 North Federal Highway, Boynton Beach, Florida, 33435 within 30 days of publication of this notice. Addi- tional information related to the in- tent to dispose may be obtained from the Boyon Beach CRA at Telephone Number (nt561) 600-9090. PUB: The Palm Beach Post 8-2812015 #471376 RECEIVED Sworn to and subscribed Who is personally known me. BOYNTON BEACH CRA PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared Tiffani Everett, who on oath says that she is Call Center Legal Advertising Representative of The Palm Beach Post, a daily and Sunday newspaper, published at West Palm Beach in Palm Beach County, Florida; that the attached copy of advertising for a Notice was published in said newspaper on First date of Publication 08/28/2015 and last date of Publication 08/28/2015 Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she/he has neither paid nor promised any person, firm or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Also published in Martin and St. Lucie Counties. Notice of Intent Ad ID: 898320 Ad Cost: 306.16 Page 417 of 464 13.A. LEGAL 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15-023 - SECOND READING - PUBLIC HEARING - Approve amendments to the LDR to 1) allow City -initiated requests for rezoning lands to a planned zoning district to be processed without a concurrent master plan or site plan; and 2) exempt City - initiated Future Land Use Map (FLUM) amendment and rezoning requests implementing recommendations of redevelopment plans from the full criteria -based review. EXPLANATION OF REQUEST: The proposed amendments to the LDR apply to city -initiated applications for Future Land Use Map (FLUM) amendments and rezonings. Firstly - in cases when such requests implement recommendations of redevelopment plans - the amendments would allow them to be processed without the concurrent submittal and review of the master plan/site plan. Secondly, the amendments would support approval of all City -initiated requests without the full criteria -based review. The LDRs specify that master plan and site plan applications are required to be submitted and reviewed concurrently with the application for rezoning to a planned district (Chapter 2, Section 2.D.6). This provision has potential negative implications on development and redevelopment activities. Several of the CRA's redevelopment plans contain recommendations to change future land use designations and, consequently, zoning. Many of such recommendations include transitions to planned zoning districts but, because of the rezoning provisions for these districts and requirement of a master plan, they remain largely on the books and cannot be implemented unless an applicant submits a rezoning and a master plan application for a specific property. As cities compete for projects more aggressively than ever, developers are likely to give priority to sites with a desired zoning designation "on the ground," which conveys many advantages, such as less uncertainty (and therefore lower risk), lower fees and potentially significant savings due to reduction of the project's timeline. Developers seeking to apply for the Low Income Housing Tax Credit (LIHTC) program are particularly affected. The program, which provides nonprofit and for-profit developers with a dollar -for -dollar reduction in federal tax liability in exchange for development of affordable rental housing, requires zoning to be on the ground at the time of filing the LIHTC application. In the past, this rule prevented some potential redevelopment projects under consideration to proceed. A severe and worsening shortage of affordable rental housing underscores the need to address this problem. In addition to allowing these city -initiated requests to proceed without accompanying master plan/site plan, the subject amendments would also support approval of all City -initiated requests without the full criteria -based review, typically involving 7 and 10 review criteria for FLUM amendments and rezoning, respectively. The only criterion that such applications must meet is the consistency standard, which requires a determination whether the request under consideration would be "consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations". Staff recommends that the request be approved. The Planning and Development Board recommended that the subject request be approved on August 25, 2015. For further details pertaining to the request, see attached Department Memorandum No. 15-025. Page 418 of 464 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: The subject item indirectly supports Strategic Initiatives 1.1 and 1.6 which is a prerequisite to required actions involving city initiated reclassification and rezoning of lands for private land assembly and development consistent with the City's Comprehensive Plan and/or Redevelopment Plan. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance D Addendum D Addendum REVIEWERS: Department City Clerk Description Ordinance Exhibit A. Proposed Changes Staff Report Reviewer Action Date Prainito, Janet Approved 9/16/2016 - 6:66 AIV Page 419 of 464 I ORDINANCE NO. 15- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING THE LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 1, GENERAL ADMINISTRATION, 6 ARTICLE VI, CONCURRENCY MANGEMENT, SECTION I.E. 7 LONG RANGE CAPACITY PLANNING; CHAPTER 2, LAND 8 DEVELOPMENT PROCESS, ARTICLE II, SECTION 2.B., 9 SECTION 2.D. AND SECTION 2.F; CHAPTER 3, ZONING, 10 ARTICLE HI, SECTION 5, MIXED-USE (URBAN) DISTRICTS; 11 PROVIDING FOR CONFLICTS, SEVERABILITY, 12 CODIFICATION AND AN EFFECTIVE DATE. 13 14 15 WHEREAS, staff is proposing amendments to the Land Development 16 Regulations (LDR) regarding; and 17 WHEREAS, the first amendment would allow city -initiated requests for rezoning 18 lands to a planned zoning district to be processed without a concurrent master plan or site 19 plan; and 20 WHEREAS, staff is also recommending an exemption to city -initiated Future 21 Land Use Map (FLUM) amendments and rezoning requests implementing 22 recommendations of redevelopment plans from the full criteria -based review; and 23 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 24 the best interest of the citizens and residents of the City to amend the Land Development 25 Regulations to allow city -initiated requests for rezoning lands to a planned zoning district 26 to be processed without a concurrent master plan or site plan and exempt city -initiated 27 Future Land Use Map (FLUM) amendments and rezoning requests implementing 28 recommendations of redevelopment plans from the full criteria -based review. 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 30 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing whereas clauses are true and correct and are now 1 Page 420 of 464 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ratified and confirmed by the City Commission. Section 2. Chapter 1, "General Administration" Article VI, Section 1.E.2. of the City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended as follows: Section I.E. Long Range Capacity Planning 2. Any privately -initiated application to rezone to a planned zoning district requires a master plan in accordance with Chapter 2, Article II, Section 2.D.6., prod—and such master plan shall be subject to concurrency review as required in Section 1.C.2. above. Section 3. Chapter 2, "Land Development Process" Article II, Section 2.B. of the City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended as follows: Section 2.B. Future Land Use Map (FLUM) Amendment c. Review Criteria. All privately initiated FLUM amendments shall be reviewed concurrently with the accompanying zoning request. Except for City -initiated FLUM amendments, which shall ata minimum meet criterion (2) for "Consistency", aApproval of a FLUM amendment/zoning request shall be based on one (1) or more of the following factors: (2) Consistency. Whether the proposed FLUM amendment and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations. Approvals of requests to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency. Section 4. Chapter 2, "Land Development Process" Article II, Section 2.D. of the City of Boynton Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended as follows: Section 2.1). Rezoning, including Master Plan 1. General e. Rezoning to Planned Zoning Districts. A master plan, along with the concurrent filing and review of a site plan application, shall be required when an- privately -initiated application 2 Page 421 of 464 I is made to rezone lands to a planned zoning district. The master plan shall be an integral 2 component of the rezoning application: however, City -initiated rezoning can proceed proceed in 3 advance of the master plan/site plan submittal. and The master plan shall be reviewed in 4 accordance with Section 2.D.6. below. See Section 2.F. below for additional regulations 5 pertaining to the site plan application. 6 3. Review Criteria. Except for City -initiated rezonings, which shall at a minimum meet 7 criterion (2) for "Consistency." approval of aAn amendment to the official zoning map 8 processed with or without the FLUM amendment shall be reviewed based on one (1) or 9 more of the following factors: 10 (2) Consistency. Whether the proposed FLUM amendment and rezoning would be 11 consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan 12 policies, redevelopment plans, and Land Development Regulations. Approvals of requests 13 to rezone to a planned zoning district may include limitations or requirements imposed on 14 the master plan in order to maintain such consistency. 15 6. Master Plan 16 b. Submittal Requirements. The applicant is required to complete the rezoning application 17 I (see Section—I-2.1). I above), including that which pertains to master plan review, in 18 addition to the site plan application, and provide all documentation required by the 19 respective application checklist. 20 d. Approval Process. A privately -initiated request to rezone (and its accompanying 21 master plan) shall be reviewed concurrently with the processing of the site plan 22 application. Both applications require review by the City Commission and shall be 23 processed in accordance with Chapter 2, Article I, Section 3. 24 e. Expiration. A master plan, which is an integral component of a rezoning application to a 25 planned zoning district pursuant to except as provided in Section 2.D. i.e. above, shall 26 remain valid unless the corresponding site plan expires. In these instances, the official 27 zoning map retains the planned zoning district designation, but the property does not 28 possess a valid development order or development permit, and no permits may be granted 29 by the city on the subject property. The submittal and approval of a new rezoning 30 application, which includes a new or modified master plan and concurrent site plan 31 application, except as provided in Section 2.D. Le above, shall be required in order to 32 commence development, redevelopment, or other site improvements. 33 Section 2.F. Site Plan, Including Time Extension and Modifications 34 8. Miscellaneous 35 36 a. Site plan review shall be required in conjunction with a master plan when rezoning lands to 37 I a planned zoning district:, except as provided in Section 2.D. I .e.- See Section 2.D.6. above 38 for additional regulations pertaining to the rezoning process. In such instances, the site plan 3 Page 422 of 464 shall be consistent with the master plan 2 3 Section 5. Chapter 3, "Zoning" Article III, Section 5 of the City of Boynton 4 Beach Code of Ordinances, Part III, Land Development Regulations, is hereby amended 5 as follows: 6 Sec. 5. Mixed -Use (Urban) Districts. 7 A. General. 8 1. Purpose and Intent. The mixed-use (urban) zoning districts are intended to implement the 9 community redevelopment plans, in part, by providing for a mixture of land uses, 10 accommodating varying densities and intensities appropriate for each planning area, and 11 by establishing quality streetscapes and pedestrian environments as part of a compact 12 urban setting. These districts are also intended to support transit ridership and in 13 particular, the development of transit -oriented developments near planned passenger 14 train stations along the FEC Railroad corridor, such as the designated location along 15 Northeast 4th Street, between Boynton Beach Boulevard and Ocean Avenue. Additional 16 standards and requirements of this section are based on the proximity to the planned 17 train station, and location within the transit core, which is defined as the area extending 18 one-quarter (1/4) mile from the train station (see map 4 to be determined). To ensure 19 compliance with these Regulations, an application for site plan approval shall be 20 required and reviewed concurrently with any request to rezone lands to a mixed-use 21 (urban) district, except as provided in Section 2.D.I.e. Also see Chapter 4, Article III, 22 Section 6.H. for design and compatibility standards, as well as the urban design 23 guidelines for development within the Boynton Beach community redevelopment area 24 (urban design guidelines). 25 1 26 Section 6. Should any section or provision of this Ordinance or any portion 27 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 28 not affect the remainder of this Ordinance. 29 Section 7. Authority is hereby given to codify this Ordinance. 30 Section 8. This Ordinance shall become effective immediately. 31 4 Page 423 of 464 I FIRST READING this day of , 2015. 2 SECOND, FINAL READING AND PASSAGE this day of 3 2015. CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ATTEST: 19 20 21 22 Janet M. Prainito, MMC 23 City Clerk 24 25 26 27 (Corporate Seal) YES NO Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE 5 Page 424 of 464 PROPOSED LDR AMENDMENTS PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 1. GENERAL ADMINISTRATION ARTICLE VI. CONCURRENCY MANAGEMENT SYSTEM Section I.E. Long -Range Capacity Planning 2. Any privately -initiated application to rezone to a planned zoning district requires a master plan in accordance with Chapter 2, Article II, Section 2.D.6.–and such master plan shall be subject to concurrency review as required in Section 1.C.2. above. CHAPTER 2. LAND DEVELOPMENT PROCESS ARTICLE IL PLANNING AND ZONING DIVISION SERVICES Section 2.13. Future Land Use Map (FLUM) Amendment c. Review Criteria. All privately initiated FLUM amendments shall be reviewed concurrently with the accompanying zoning request. Except for City -initiated FLUM amendments—which shall at a minimum meet criterion(2) for "Consistency", a approval of a FLUM amendment/zoning request shall be based on one (1) or more of the following factors: (2) Consistency. Whether the proposed FLUM amendment and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations. Approvals of requests to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency. Section 2.1). Rezoning, including Master Plan 1. General e. Rezoning to Planned Zoning Districts. A master plan, along with the concurrent filing and review of a site plan application, shall be required when a privately -initiated application is made to rezone lands to a planned zoning district. The master plan shall be an integral component of the rezoning application; however, City -initiated rezoning can proceed in advance of the master plan/site plan submittal. ate- The master plan shall be reviewed in accordance with Section 2.D.6. below. See Section 2.17. below for additional regulations pertaining to the site plan application. Page 425 of 464 3. Review Criteria. Except for City -initiated rezonings, which shall at a minimum meet criterion (2) for "Consistency," approval of aAn amendment to the official zoning map processed with or without the FLUM amendment shall be �Feiei-based on one (1) or more of the following factors: (2) Consistency. Whether the proposed FLUM amendment and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations. Approvals of requests to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency. 6. Master Plan b. Submittal Requirements. The applicant is required to complete the rezoning application (see Sectlon42.D.I above), including that which pertains to master plan review, in addition to the site plan application, and provide all documentation required by the respective application checklist. d. Approval Process. A privately -initiated request to rezone (and its accompanying master plan) shall be reviewed concurrently with the processing of the site plan application. Both applications require review by the City Commission and shall be processed in accordance with Chapter 2, Article I, Section 3. e. Expiration. A master plan, which is an integral component of a rezoning application to a planned zoning district pw�L+�4,,eexeept as provided in Section 2.D. Le. above, shall remain valid unless the corresponding site plan expires. In these instances, the official zoning map retains the planned zoning district designation, but the property does not possess a valid development order or development permit, and no permits may be granted by the city on the subject property. The submittal and approval of a new rezoning application, which includes a new or modified master plan and concurrent site plan application, except as provided in Section 2.D. Le above shall be required in order to commence development, redevelopment, or other site improvements. Section 2.F. Site Plan, Including Time Extension and Modifications 8. Miscellaneous a. Site plan review shall be required in conjunction with a master plan when rezoning lands to a planned zoning district-, except as provided in Section 2.D. Le.- See Section 2.D.6. above for additional regulations pertaining to the rezoning process. In such instances, the site plan shall be consistent with the master plan. CHAPTER 3. ZONING ARTICLE HI. ZONING DISTRICTS AND OVERLAY ZONES Page 426 of 464 Sec. 5. Mixed -Use (Urban) Districts. A. General. 1. Purpose and Intent. The mixed-use (urban) zoning districts are intended to implement the community redevelopment plans, in part, by providing for a mixture of land uses, accommodating varying densities and intensities appropriate for each planning area, and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. These districts are also intended to support transit ridership and in particular, the development of transit -oriented developments near planned passenger train stations along the FEC Railroad corridor, such as the designated location along Northeast 4th Street, between Boynton Beach Boulevard and Ocean Avenue. Additional standards and requirements of this section are based on the proximity to the planned train station, and location within the transit core, which is defined as the area extending one-quarter (1/4) mile from the train station (see map 4 to be determined). To ensure compliance with these Regulations, an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a mixed-use (urban) district, except as provided in Section 2.D. Le. Also see Chapter 4, Article III, Section 6.H. for design and compatibility standards, as well as the urban design guidelines for development within the Boynton Beach community redevelopment area (urban design guidelines). Page 427 of 464 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 15-025 TO: Chair and Members Planning & Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras Senior Planner DATE: August 11, 2015 RE: Approve amendments to the LDR (CDRV 15-002) to 1) allow City - initiated requests for rezoning lands to a planned zoning district to be processed without a concurrent master plan or site plan; and 2) exempt City -initiated Land Use Map (FLUM) amendment and rezoning requests implementing recommendations of redevelopment plans from the full criteria -based review. OVERVIEW The rewrite of the City's Land Development Regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: Business and economic development initiatives; 2. Sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments support more effective and efficient marketing of the City's selected development and redevelopment sites and thus address items 41 and 45. -1- Page 428 of 464 1. CITY -INITIATED REZONINGS TO PLANNED ZONING DISTRICTS BACKGROUND AND EXPLANATION "Planned" versus "conventional" zoning districts The City of Boynton Beach's Land Development Regulations (LDRs), similar to such regulations of many other municipalities and counties, divide zoning districts into "conventional" and "planned." Conventional districts have clear, objective and uniform standards (e.g. building setbacks, lot coverage, etc.) throughout the City. While the code includes a set of standards for the planned districts, it allows for significant flexibility, supporting innovation, sustainability and creative design. Generally, the purpose of such districts is to help the city to better achieve its planning objectives as specified in redevelopment plans, the comprehensive plan and/or economic development plan. At present, the City has ten planned zoning districts. These include: • PUD (Planned Unit Development) • IPUD (Infill Planned Unit Development), limited to the CRA area • MHPD (Mobile Home Planned Development District), not currently "on the ground" • PCD (Planned Commercial District) • PID (Planned Industrial District) • Mixed Use Urban Districts, limited to the CRA area: o MU -H (Mixed Use High Intensity) o MU -L1 (Mixed Use Low Intensity 1) o MU -L2 (Mixed Use Low Intensity 2) o MU -L3 (Mixed Use Low Intensity 3) • SMU (Suburban Mixed Use) Reviewing and processing rezoning requests Although the LDRs do not require it, rezoning requests for conventional zoning districts are typically submitted in conjunction with a development project and are thus accompanied by a site plan application. (They also usually, but not always, require a land use amendment.) In some cases, there is a significant time gap between rezoning and filing for a site plan or for other improvements on the property. In other cases, rezoning is sought to allow additional uses that do not necessarily require such improvements. In other words, the Land Development Regulations allow for an application for rezoning to a conventional zoning district to be submitted and reviewed solely on its own merit. However, this process is different for rezoning to a planned zoning district. The LDRs specify that master plan and site plan applications are required to be submitted and reviewed concurrently with the application for rezoning to a planned district (Chapter 2, Section 2.D.6). Moreover, the code stipulates that a master plan is an "integral component" of zoning designation for all planned districts. -2- Page 429 of 464 Planned district regulations and development The latter provision implies that each and every major modification to the master plan requires a concurrent rezoning and, if a master plan or a site plan expires, the rezoning and the master plan approval process must be repeated. In both cases, given that the subject zoning designation has already been applied to the property, such action may appear redundant; nevertheless, it is required to conform to the above cited "integrality" provision. A new master plan or a major modification to an existing one necessitates rezoning, and, likewise due to the subject provision, no development orders can be issued for a property with planned district zoning without a valid master plan. Such property remains effectively in a "legal limbo." This provision has potential zoning implications on development and redevelopment activities. Several of the CRA's redevelopment plans contain recommendations to change future land use designations and, consequently, zoning. As expected, many of such recommendations involve transition to planned zoning districts but, because of the rezoning provisions for these districts and requirement for a master plan, remain largely on the books. They cannot be implemented unless an applicant submits a rezoning and a master plan application for a specific property. (For a significant amount of land in the downtown and the surrounding neighborhoods, the first step—reclassification to Mixed Use and Mixed Use Core future land uses—has already been accomplished.) Developers seeking to apply for the Low Income Housing Tax Credit (LIHTC)program are particularly affected. The program, which provides nonprofit and for-profit developers with a dollar -for -dollar reduction in federal tax liability in exchange for the development of affordable rental housing, requires zoning to be on the ground at the time of the application. In the past, this rule prevented some potential redevelopment projects under consideration to proceed. A severe and worsening shortage of affordable rental housing underscores the need to address this problem. Cities compete for projects more aggressively than ever; many hired economic development professionals to design marketing sg trate_ig es. Unlike Boynton Beach, some offer considerable monetary incentives. In this environment, developers will likely give priority to sites with a desired zoning designation "on the ground", verifiable by the municipality's official zoning map. The map and land development regulations can usually be accessed through the city's website and can provide quick information about what can be developed on the site. "Inappropriate" zoning designation may deter a valuable potential applicant from pursuing his/her inquiry any further, resulting in a loss of a project for the municipality. Rezoning can be a major political and legal hurdle. A desired zoning "on the ground" conveys many advantages, such as less uncertainty (and therefore lower risk), lower fees and significant savings due to reduction of the project's timeline. The latter is important for a number of reasons, including the risk of change in market trends during the time it takes to complete the project. -3- Page 430 of 464 A "desired" or "appropriate" zoning for a developer may not coincide with what zoning the city considers appropriate to implement its vision and planning objectives. Recommendations based on these objectives are contained in the CRA redevelopment plans, which the City is in the process of updating and consolidating. The proposed amendments would make it possible to implement these recommendations for selected properties. For the City as a whole, the future Economic Development Plan may provide such recommendations and guidance. Proposed changes Currently, the procedural regulations in the LDRs do not differentiate between privately submitted and city -initiated requests. Within the last decade, a few city -initiated rezonings were limited to conventional zoning districts. The exception was the Boynton Old School Commercial Center; this rezoning of the Old Boynton High School property to MU -Ll to support the adaptive reuse of the building was denied by the City Commission and the project failed. In that case, however, the applicant submitted a master/site plan, which was reviewed concurrently with rezoning. The proposed amendments would allow City -initiated rezoning applications involving a planned zoning district to be processed without a concurrent master/site plan in the following cases: When land to be rezoned is located within the CRA • The CRA petitions the City for rezoning, and • Rezoning is supported by the redevelopment plan or consistent with the concurrently processed amendment to the redevelopment plan When land to be rezoned is located outside of the CRA • Rezoning is supported by the (future) Economic Development Plan, a (future) redevelopment plan for the area, or the City's strategic Plan. In all cases, future land use amendments accompanying rezonings must by consistent with the Comprehensive Plan. The City-wide Economic Development Plan—likely to be approved within the next two years—will focus on target industries and provide recommendations for major development and redevelopment sites. The City may also create redevelopment plans for some sites, such as the Boynton Beach Mall. M! Page 431 of 464 2. CITY -INITIATED FL UM AMENDMENTS/REZONINGS: REVIEW CRITERIA Currently, all staff analyses of Future Land Use Map (FLUM) amendment and rezoning requests are based on review criteria pursuant to Chapter 2, Article 2, Section 2.B.3.C. (for FLUM) and Section 2.D.3. (for rezoning). Applicants are required to provide justification statements based on these criteria; the statements are subsequently reviewed and considered by staff. Both sets of criteria—for FLUM amendments and rezoning include a "consistency" standard, which requires a determination whether the request under consideration would be "consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations". Overall, there are 7 review criteria for FLUM amendments; analyzing rezoning requests involves 8 general criteria and two separate sets of economic development criteria, one for planned and one for conventional zoning districts. Proposed changes The subject amendments propose to limit the scope of the review for city -initiated FLUM amendments and rezoning requests to the "consistency" criterion. It is anticipated that all such requests will constitute implementation of recommendations included in the redevelopment plans or other major city plans. For all proposed changes, see Exhibit A. In addition to the changes described above, the subject amendments include a "housecleaning" item restoring consistency in language pertaining to the review criteria for FLUM amendments and rezonings. CONCLUSION / RECOMENDATION The proposed code amendments introduce an element of welcome procedural flexibility to the process of rezoning to planned zoning districts. Within the CRA, a significant part of the City's redevelopment planning efforts will involve redesignation of lands to planned zoning districts. Thus, the amendments would support implementation of the redevelopment plans and, city-wide, facilitate marketing of the Boynton Beach's selected development and redevelopment sites. Therefore, staff is recommending approval of the proposed amendments as an important tool benefiting economic development. S:APlanning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 15-002 Rezoning process\CDRV 15-002 Staff Report.doc %11 Page 432 of 464 13. B. LEGAL 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 15-024 - SECOND READING - PUBLIC HEARING - Approve Petition to Expand Boundaries of Boynton Village Community Development District. EXPLANATION OF REQUEST: The City is in receipt of a Petition to Expand Boundaries of Boynton Village Community Development District wherein the Board is requesting to expand the boundaries of the District by adding approximately 4.995 acres of land. Once the expension of the District's boundaries takes place, all lands in the District will continue to be located wholly within the jurisdictional boundaries of the City. The Boynton Village Community Development District is requesting to expand the CDD to include the park property that is currently owned by the city that will be "swapped" in consideration of the developer providing the acreage in the new development for the dog park. 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: ATTACHMENTS: Page 433 of 464 Type D Ordinance REVIEWERS: Department City Clerk Description Ordinance Petition to Expand the Boundaries of the Boynton Village Community Development District Reviewer Action Date Prainito, Janet Approved 9/16/2015 - 8:57 AM Page 434 of 464 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 06-073 WHICH CREATED THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT REVISING THE BOUNDARIES OF THE BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT TO EXPAND THE DISTRICT BOUNDARIES BY APPROXIMATELY 4.995 ACRES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on September 6, 2006 the City Commission approved a Petition establishing the Boynton Village Community Development District which established the boundaries of that District in accordance with Section 190.005(2), Florida Statutes; and WHEREAS, The Boynton Village Community Development District has filed a Petition to Expand the Boundaries of the CDD, which is attached hereto as Exhibit "A" and made a part hereof and contains the information required pursuant to Section 190.046, Florida Statutes; and WHEREAS, a public hearing on the petition was conducted by the City Commission on September 15, 2015, at City Hall in accordance with the requirements of Florida Statutes; and WHEREAS, the City Commission has determined that: 1. That all statements contained within the Petition have been found to be true 25 and correct. 26 27 28 2. That the expansion of the District boundaries is not inconsistent with any applicable element or portion of the State Comprehensive Plan or of the effective local government comprehensive plan. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7BDC8061-040B-4A19-B32E-69FF25143747\Boynton Beach.1921.1.15-024_ =CDD_Boynton_Village_Boundary_Expnsion_ _Ordinance.doc Page 1 of 3 Page 435 of 464 1 3. That the land within the proposed District is of sufficient size, sufficiently 2 compact and sufficiently contiguous to be developable as one functional interrelated 3 community. 4 4. That the expansion of the District boundaries is the best alternative available 5 for delivering the community development services and facilities to the lands within the 6 District boundaries. 7 5. That the area identified in the Petition is amenable to be included in the 8 proposed District; and 9 WHEREAS, the City Commission has determined that the expansion of the Boynton 10 Village Community Development District boundaries would be consistent with the criteria for 11 community development districts as set forth in the Uniform Community Development 12 District Act of 1980,Chapter 190, Florida Statutes; 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 14 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 15 Section 1. Each Whereas clause set forth above is true and correct and herein 16 incorporated by this reference. 17 Section 2. In accordance with the provisions of Chapter 190, Florida Statutes, the 18 City Commission of the City of Boynton Beach, Florida hereby approves the expansion of the 19 boundaries of the Boynton Village Community Development District as set forth on the 20 Petition attached hereto as Exhibit "A". 21 Section 3. That all ordinances or parts of ordinances in conflict herewith be and 22 the same are hereby repealed. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7BDC8061-040B-4A19-B32E-69FF25143747\Boynton Beach.1921.1.15-024_ =CDD_Boynton_Village_Boundary_Expnsion_ _Ordinance.doc Page 2 of 3 Page 436 of 464 1 Section 4. Should any section or provision of this ordinance or portion hereof, any 2 paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, 3 such decision shall not affect the remainder of this ordinance. 4 Section 5. Authority is hereby granted to codify said ordinance. 5 Section 6. This ordinance shall become effective immediately upon passage. 6 FIRST READING this 3rd day of September, 2015 7 SECOND, FINAL READING AND PASSAGE this day of 8 , 2015. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: 27 28 29 30 Janet M. Prainito, MMC 31 City Clerk 32 33 34 35 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\7BDC8061-040B-4A19-B32E-69FF25143747\Boynton Beach.1921.1.15-024_ =CDD_Boynton_Village_Boundary_Expnsion_ _Ordinance.doc Page 3 of 3 Page 437 of 464 1 11 1 1 Lelyrallm"11 CNIONIUmasufflige 1100IN11111111610"Ril TO EXPAND THE BOUNDARIES OF BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT I COMMUNITY DEVELOPMENT DISTRICT J The Board of Supervisors (the "Board") of the Boynton Village Community Development District, an independent special district established pursuant to Chapter 190, Florida Statutes (the "District"), and Ordinance No. 06-073 of City of Boynton each, Florida (the "City"), adopted on September 6, 2006 (the "Ordinance"), hereby petitions the City Commission of the City of Boynton each, Florida (the "City Commission") in accordance with Section 190.046(1) of the Uniform Community Development Act of 1980, Chapter 190, Florida Statutes (the "Act"), to expand the boundaries of the District and in support thereof, hereby attests as follows: 1. That approximately 101.18 acres are currently within the external boundaries of the District. 2. That the Board desires to expand the boundaries of the District by adding approximately 4.995 acres as legally described on Exhibit A. Following such expansion of the District's boundaries, all lands in the District will continue to be located wholly within the jurisdictional boundaries of the City. [X14.: ( 1ZNKMF 9 Page 438 of 464 11111!11 1�1�llp!111111� 0 . 1 0 0 111111� r1ri, 111 � � � � 111i i 1�11 I li!�, does not exceed 50% of the acres initially located within the boundaries of the District and all RW 11111TIN !I I I I , MOM"6 won "I I 1 110 Iii M 6111111 IMN, =W111,1111III :,il boundaries. No real property within the external boundaries of the District as proposed is to be any District facilities to serve the proposed expansion area and the estimated cost of constructing 6. That annexed hereto as Exhibit D and made a part hereof is evidence of the written consent to the inclusion of its property in the District by the owner (directly or as attorney in fact) of one hundred percent (100%) of the real property within the proposed 7. That annexed hereto as Exhibit E and made a part hereof is a designation of the future general distribution, location, and extent of public and private uses of land within thi. proposed expansion area as shown on the future land use plan element of the City's 8. That annexed hereto as Exhibit F and made a part hereof is a statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florid.? Page 439 of 464 9. That following the proposed expansion of the District's boundaries on WITE MW 1111 0 1 rel •r- = Vistrict will be of sufficient size, compactness, and contiguity to be developable as one W11 Wou TiI available for delivering the community development facilities and services to the property that will be served by the District; (iv) the community development facilities and services of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and (v) the property comprising the District will be amenable to separate special-purpose government. ff MM A. Direct its staff to notice, as soon as practicable, a local public non -emergency grant the petition for the expansion of the District's boundaries and to amend the Ordinance B. Grant this Petition and enact an ordinance pursuant to applicable law amending 1111 111�1�1�111111�11p Page 440 of 464 htEl SPECTFULLY SUBMITTED this day of 32015. BOYNTON VILLAGE COMMUNITY DEVELOPME NT DISTRICT By: =1 I = = I N The foregoing instrument was acknowledged before me this '30 day of t3 "�— 2015, by XZ�M-A PR1Z-tL'tAA the ���icc-Chairperson of the Boar& of Supervisprs of the Boynton Village Community Development District, who is or produced r,, Cas identification. Page 441 of 464 1":11-11M jgI 1:1 Jill SMU - Park Parcel, of "BOYNTON TOWN CENTER, A P.C.Das recorded in Plat Book 106, Pages 144-151 of the Public Records of Palm Beach County, Florida; Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 4.995 Acres, (217,567 Square Feet), more or less. 1IIID •!� Page 442 of 464 1*144* VA-te. EXHIBIT METES #, BOUNDS DESCRIPTION ParcelParcelParcel •.Parcel _ J - ., Parcel Parcel 8, SMU - Lake Parcel, SNW - Park Parcel, Tract C-1, and Spine Road Tract, all of "BOYNTON TOWN CENTER, a ! Das recorded Plat •• 16RJB. 144-15of the Public Records of Palm Beach County, Florida, together with all of "CORTINA P.U.D. REPLAT", as recorded in Plat Book 109 at pages 196-202 of said Public Records, said parcel being more particularly described as follows: Page 443 of 464 Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 106.179 Acres, (4,625,160 Square Feet), more or less. Page 444 of 464 I IX"I` ! two 14 MON X42:I DI IOU% RIJ 1101 INAM I I I 110 11 R-1 114 E ON WCTII 1 Sanitary Sewer System 1'-,fsT,TsWM 6374 COST ESTIMATE $57,952 $60,133 $136,195 $31,812 October, 1 C#I • s OT;WATI]� October, 2016 Page 445 of 464 10,14:111-110 a1, Page 446 of 464 " W W I Imam On this day of , 2015, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, who, after being duly sworn, deposes and says: 1 . Affiant, , is the of the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida 3. Affiant hereby represents that he/she has full authority to execute the Petition to Expand the Boundaries of the Boynton Village Community Development District on behalf of the City. 4. The Property consists of approximately 4.995 acres of real property located in the City. 5. Affiant, on behalf of the City, as the fee simple owner of the Property, in the capacity described above, hereby gives its full consent to the expansion of the external boundaries of the Boynton Village Community Development District to include the Property therein. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of ,2015. CITY OF BOYNTON BEACH, a municip corporation of the State of Florida, i STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 5 2015, by . as — of the City of Boynton Beach, a municipal corporation of the State of Florida. He/she is personally known to me or producei as idwicatio,(.. Page 447 of 464 ITM;MsjFMW=s 4 IM Mel MIMMIMPROMINN lifflMEMB Said parcel of land situate within the City of Boynton Beach, Palm Beach County, Florida, containing 4.995 Acres, (217,567 Square Feet), more or less. FIT11 I M, I FMI MITIMI W-1 MMM Page 448 of 464 Page 449 of 464 In a A AD Ww FAM"Mr t Fgs= 000 FRble's j is Page 450 of 464 nR Legend Community Redevelopment Area Q Urban CBD TCEA Boundary Expansionr :7t=0 , Ar .4 At ala 1 as w x:.. �i 4 zzi City Boundary WATER LOW DENSITY RESIDENTIAL - MODERATE DENSITY RESIDENTIAL (MODR) Max. 7.26 D.U. #FFICE COMMERCIAL! LOCAL RETAIL COMMERCIAL iw4 RECREATIONAL w w, MIXED SUBURBAN wwrA DEVELOPMENT OF REGIONAL IMPACT (DRI) CONSERVATION ` ! CONSERVATION OVERLAY Page 451 of 464 10114:101-M a"- VNIT5101 I � 1111,11 i� 1 iil i 111111 1111 1 ii 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to expand the boundaries of the Boynton Village Community Development District ("District"). The District currently contains approximately 10 1. 18 acres of land located in the City of Boynton Beach, Florida (the "City"). The proposed expansion area contains approximately 4.995 acres of land, also located in the City. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d), Florida Statutes ("F.S.") governing District establishment as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant (emphasis added)." The purpose of the District is to provide, operate and maintain public infrastructure, services, and facilities to a master planned mixed-use community containing a total of approximately 116 residential dwelling units and 435,441 square feet of commercial building area within the boundaries of the District, including approximately 26 residential dwelling units to be constructed within the proposed expansion area. Section 120.541(2), F.S. (2014), defines the elements a statement of estimated regulatory costs must contain: (a) An economic analysis showing whether the rule directly or indirectly; is likely to (1) have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; is likely to (2) have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after implementation of the rule; or is likely to (3) increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. Page 452 of 464 LC comply with the rule, together with a general description of the types o individuals likely to be affected by the rule. (c) A good faith estimate of the cost to the agency (County), and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the ordinance. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed *r used or procedures required to be employed in complying with the rule, additiomb *perating costs incurred, and the cost of monitoring and reporting. (e) An analysis of the impact on small businesses as defined by Section 288.703, and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. Miami -Dade County is not defined as a small County for purposes of this requirement. fflff��� (g) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. ote: the references to "rule" in the statutory requirements for the Statement o7 Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2) (a), Florida Stalites." 2.0 An economic analysis of potential impacts on economic growth, business competitiveness ori regulatory costs, in excess of $1 million within the next 5 years. It is unlikely the establishment/creation of the District will meet any of the triggers in Section 120.541(2)(a), F.S. The basis for this determination is provided in the discussions in Section 3.0 through Section 6.0 herein. 3.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. At buildout, the estimated total population of the District will be approximately 2790, with the proposed expansion area having an estimated population of 65. The types of Page 453 of 464 individuals•- affected by - ordinance will be - present • future residents • - faith4.0 A good estimate oa cost to the agency, and to any other statea local government entities, of implementingenforcing s anticipated effect on state or local revenues. � 1 1> 1 1 ! 1. ` E' 1 1 lil 1 I :• 1 �1 1 �... 1 1 , ! ,.. 1 Because the results of adopting the ordinance is establishment of a local special purpose government, there will be no enforcing responsibilities of any other government entity, but be various implementing responsibilities which are identified with their costsr '.r.. 1 1 l 1 1 1 1 1 9W andenforceproposed ! l 1 of the District. The District,1 1 1, and expanded, will encompass under 1,000 acres; therefore, the City is the establishing 1tity under 190.005(2), modest 1 1 various li implement 1 1enforce1 proposed ordinance 1' the receiptand l ii. processing 1 1us reports thatDistrict is required to file with the State and variousits entities.1 • lists the reporting requirements.1 1 those agenciesState 1 1 process 1 1reports1 because theDistrict is only one of manygovernmental units1required 1' submit the various reports. Therefore, the marginal cost of processing one additional of reportsAdditionally, pursuant 1 section 189.018, District mustpyyC annual 1 the State of 1! Deyartment of Economic1 1( I F offsets such costs. City of Boynton Beach There will be only ,• ,est costs to the City fornumber of - of the Petition to Expand the District boundaries does not include analysis of the development • • the Petitionprovides much of _ information- • r for a staffreview. Third, the City alreadypossesses the staff needed to conduct the review without•! for o capital required to review the Petition. routinelyprocesses simil.r petitions forr uses and zoning changes that are far • re complex than is the petition to expand the boundaries of •development district. Finally, potential • to the City of - Petition to Expand the District boundaries offset by .r .r filing costsThe annual • the City, because of the establishmentand expansion of District, are • very small. The District is an independentof • government. only costsannual • of ous reports that the District is required to provide to the City, or • r • expenses establishesCity may incur if it • • program •However, Page 454 of 464 Petitioner has includeda payment of $1,500 to offset any expenses the City may incur in the processing of this Petition, or in the monitoring of this District. Adoption of the proposed ordinance will have no negative impact on state or local revenues. The District is an independent unit of local government. It is designed to provide infrastructure facilities and services to serve the development project and it has its own sources of revenue. No state or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other units of local government. In accordance with State law, debts of the District are strictly its own responsibility. 5.0 A good faith estimate oft a transactional costs likely to be incurred by individuals and entities required to comply with the requirements oft a ordinance. Table 1 below provides an outline of the various facilities and services the District may provide to the proposed expansion area: 1 0 go 81 1 - - 11 - Lejvw�wiqns wou, rITIN; - - ties outlined in Table 1 to the proposed expanded area. Total costs for those Facilities, which may be provided, are estimated to be approximately $286,092. The District may issue special assessment bonds in one or more series to fund all of the costs or a portion of the costs of these Facilities located in the District. The proposed bonds would be repaid through non -ad valorem special assessments levied on all benefitted properties within the proposed expansion area that may benefit from the District's infrastructure program as outlined herein on Table 2 below. Table 3 herein below provides an approximate timetable for commencement and completion of the Facilities. Prospective future landowners in the proposed expansion area may be required to pay non -ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non -ad valorem special assessments for debt Page 455 of 464 0 DI ZM443 *1*1 1b 1 0 go 81 1 - - 11 - Lejvw�wiqns wou, rITIN; - - ties outlined in Table 1 to the proposed expanded area. Total costs for those Facilities, which may be provided, are estimated to be approximately $286,092. The District may issue special assessment bonds in one or more series to fund all of the costs or a portion of the costs of these Facilities located in the District. The proposed bonds would be repaid through non -ad valorem special assessments levied on all benefitted properties within the proposed expansion area that may benefit from the District's infrastructure program as outlined herein on Table 2 below. Table 3 herein below provides an approximate timetable for commencement and completion of the Facilities. Prospective future landowners in the proposed expansion area may be required to pay non -ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non -ad valorem special assessments for debt Page 455 of 464 and maintenance of the District and its owned facilities Furthermore, locating in the District by new property owners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the non-ai valorem special assessments by various names and user fees as a tradeoff for the benefits and facilities that the District provides. A Community Development District ("CDD") provides property owners with the option of having higher levels of facilities and services financed through self-imposed assessments. The District is an alternative means to manage necessary development services with related financing powers. District management is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a property owner's association, City provision, or through developer equity and/or bank loans. First, landowners in the District will receive a higher long-term sustained level of public services and amenities sooner than would otherwise be the case. Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District and expansion of the District boundaries will ensure that these landowners pay for the r+,rovision of facilities, services and improvements to these lands. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting, to determine the type, quality and expense of District services they -receive, provided they meet the County's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative financing mechanism. Given the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly low. Page 456 of 464 FACILITYAMPROV- 1 Water• • Collection•i October, 1 16 Roadway, October, 2015 • , + _ • • L Total Estimated Cost ;I I' �o / !Complete 11 1 1 Construction If !' • • • •' 1 October, 1 16 October, 2015 October, 2016 .0 An analysis of the impact ons all businesses as defined by Section 288.703, F.S., and an analysis of the impact ons all counties ands all cities as defined by Section 120.52, F.S. Approval of the petition to expand the District will have positive impacts on small business as defined in Chapter1' positive impacts because the additional population in the District will require••• • services from businesses.small - services can be provided • businesses that currently serve the general area. Additional opportunities will also be created for new businesses to be • • or • to the area. No negative impactsbeen identified for businesses as defined. estimatedThe City has an population in 2010 10,000; therefore,• defined • Irll City" according to Section 120.52, there will accordingly be no impact on a small City because of the establishment of the Page 457 of 464 7.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the petitioner's engineer and other professionals associated with the Petitioner. 8.0 In the statement or revised statement, whichever applies, a description of any good faith it proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. There have been no good faith written proposals submitted to the agency as described in Section 120.541(l)(a), Florida Statutes. Page 458 of 464 WIMMM ByrorrCTMIMI nRid ymmw1r R �,•� FL. STATUTE DUE DATE CITATION 11.45 within 45 days of audit completion, but no later than 12 months after end of fiscal year 218.32 within 45 days of financial audit completion, R ut no later than 12 months after end of fiscal year; if no audit required, by 4/30 200.068 no later than 30 days following the adoption of the property tax levy ordinance/resolution (if levying property taxes) within 30 days of accepting interest the appointment, then every year thereafter by 7/1 (by "local officers" appointed to special district's board); during the qualifying period, then every year thereafter by 7/1 (by "local officers" elected to special district's board) Public Facilities Report 189.415 within one year of special district's creation; then annual notice of any changes; and updated report every 5 years, 12 months prior to submission of local goverm-nent's evaluation and appraisal report Public Meetings Schedule 189.417 quarterly, semi-annually, or annually Bond Report 218.38 when issued Registered Agent 189.416 within 30 days after first meeting of governing board Proposed Budget 189.418 prior to end of current fiscal year Public Depositor Report 280.17 annually by 11/30 Page 459 of 464 13.C. LEGAL 10/6/2015 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/6/2015 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION N0. R15-128 - Consider and act on Resolution designating the City Commissioners as the sole members of a five (5) member CRA Board. EXPLANATION OF REQUEST: Consistent with the direction of the City Commission at its September 15, 2015 Commission meeting the attached Resolution will redesignate the five members of the City Commission as the CRA Board. If adopted, the two appointees serving on the CRA Board who are not City Commissioners will be removed from the Board. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A change in the configuration of the CRA Board will have no effect on the authority of the Board. FISCAL IMPACT: Non -budgeted None ALTERNATIVES: Alternatives for the configuration of the CRA Board are as set forth in the agenda request form that was included in the September 15, 2015 agenda. A copy of which is attached hereto. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type r r Description Resolution designating City Commission as CRA Board Agenda Request Form from September 15 2015 Page 460 of 464 REVIEWERS: Department Legal Finance City Manager Reviewer Action Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 9/30/2015 - 11:04 AM 9/30/2015 - 11:19 AM 10/1/2015 - 9:13 AM Page 461 of 464 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 R15 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPOINTING THE CITY COMMISSION AS THE GOVERNING BODY OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) AND THE MAYOR AND VICE MAYOR THE CRA CHAIRPERSON AND VICE -CHAIRPERSON; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On September 15, 2015, the City Commission of the City of Boynton Beach, Florida, voted to designate itself to be the community redevelopment agency of the City of Boynton Beach; and WHEREAS, pursuant to Florida Statute 163.357, the governing body as an alternative to the appointment of not fewer than five or more than seven members of the agency, the governing body may, at the time of the adoption of a resolution under s. 163.355, or at any time thereafter by adoption of a resolution, declare itself to be an agency, in which case all the rights, powers, duties, privileges, and immunities vested by this part in an agency will be vested in the governing body of the county or municipality, subject to all responsibilities and liabilities imposed or incurred; and WHEREAS, the members of the governing body shall be the members of the agency, but such members constitute the head of a legal entity, separate, distinct, and independent from the governing body of the county or municipality; and WHEREAS, if the governing body declares itself to be an agency which already exists, the new agency is subject to all of the responsibilities and liabilities imposed or incurred by the existing agency. WHEREAS, the City Commission desires to conform the City's Code of Ordinances to properly reflect that the City Commission constitutes the community Page 1 Page 462 of 464 1 2 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 redevelopment agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby ratified and confirmed by the City Commission. Section 2. That the governing body of the community redevelopment agency shall be the members of the City Commission and the Mayor shall be the Chairperson and the Vice -Mayor the Vice Chairperson of the Board of the Community Redevelopment Agency. Section 3. This Resolution shall be effective immediately after adoption by the City Commission. PASSED AND ADOPTED this day of , 2015. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick Page 2 VOTE YES NO Page 463 of 464 12. F. NEW BUSINESS 9115/2015 CDCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 911512015 REQUESTED ACTION BY COMMISSION: Commission discussion and possible action regarding Independent Community Redevelopment Agency Board pursuant to the direction from the Strategic Plan sessions for fiscal year 2015/16. EXPLANATION OF REQUEST: Since the City Commission created the Community Development Agency in 1981 the Agency Board has at various times been comprised of: only the five members of the City Commission, the five members of the City Commission plus two appointees, and a fully appointed Board on which no members of the City Commission served. Each of the foregoing described configurations were and are permissible under the following provisions of state statute: When the governing body adopts a resolution declaring the need for a community redevelopment agency, that body shall, by ordinance, appoint a board of commissioners of the community redevelopment 3gencywhich shall consist of not fewer than five or more than nine commissioners. Fla. Stat. Ann. § 163.356 As an alternative to the appointment of not fewer than five or more than seven members of the agency, the ggjLe rhin body may, at the time of the adoption of a resolution under s. 163.355, or at any time thereafter by adoption of, a. resolution, declare itself to beanagency, in which case all the rights, powers, duties, privileges, and immunities vested by this part in an agency will be vested in the governing body of the county or municipality, subject to all responsibilities and liabilities imposed or incurred. Fla. Stat. Ann. § 163.357 A governing body which consists of five members may appoint two additional persons to act as members of the community redevelopment agency. The terms of office of the additional members shall be for 4 years, except that the first person appointed shall initially serve a term of 2 years. Persons appointed under this section are subject to all provisions of this part relating to appointed members of a community redevelopment agency. Fla. Stat. Ann. § 163,357 Which configuration of the Board best serves the interest of the City is a decision reserved by law to the City Commission. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted None ALTERNATIVES - STRATEGIC PLAN APPLICATION: tll • IN CUT =13 1.