Agenda 12-03-19The C ity of
Boynton Beach
City Com m i ssion Agenda
Tuesday, December 3, 2019, 6:30 PM
In tracoastal Park Clubhou se 2240 N. F ederal High way
Boynton Beach City Commission
M ayor S teven B . Grant (A t Large)
Vice M ayo r J ustin K atz (District I )
C ommissio ner M ack M cC ray (D istrict I I)
C ommissio ner C hristina L. R omelus (D istrict I I I)
C ommissio ner Ty P enserga (District I V )
Lori LaVerriere, City M anager
James Chero f , City A ttorney
C rystal Gibso n, City C lerk
*MISSION*
To create a sustainable community by providing exceptional
municipal services, in a financially responsible manner.
www.boy nton-beach.org
Page 1 of 1829
W E L C O ME
Thank you for attending the C ity Commission Meeting
G E N E R AL R U L E S & P R O C E D U R E S F O R P U B LIC PAR T IC IPAT IO N AT
C IT Y O F B O YN TO N B E AC H C O MMIS S IO N ME E T IN G S
T H E AG E N D A:
There is an official agenda for every meeting of the City Commissioners, which deter mines the or der
of business conducted at the meeting. The City C ommission will not take action upon any matter,
proposal, or item of business, which is not listed upon the official agenda, unless a major ity 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 disc uss individually
and which are voted on as a group.
Regular Agenda Items: These are items whic h the C ommission will discuss individually in the order
listed on the agenda.
Voice Vote: A voic e vote by the Commission indicates approval of the agenda item. This c an be by
either a regular voice vote with "Ayes & Nays" or by a roll c all vote.
S P E AK IN G AT C O MMIS S IO N ME E T IN G S :
The public is enc ouraged to offer c omment to the C ommission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City C ommission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the disc ussion on an issue.
Public H earings: Any c itizen may speak on an official agenda item under the sec tion entitled "Public
Hearings."
Public Audience: Any citizen may be heard c oncerning any matter within the scope of the jurisdic tion
of the Commission - Time Limit - Three (3) Minutes
Regular Agenda Items: Any citizen may speak on any offic ial agenda item(s) listed on the agenda
after a motion has been made and properly seconded, with the exception of C onsent Agenda I tems that
have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time
Limit - Three (3) minutes
AD D R E S S IN G T H E C O MMIS S IO N:
W hen addressing the Commission, please step up to either podium and state y our name for the rec ord
D E C O R U M:
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 disc ontinue comments or
step down when so ordered shall be treated as a c ontinuing disruption of the public meeting. An order by the
presiding offic er 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 c ellular phones in the C ity Commission Chambers while the C ity Commission
Meeting is in session.
City Commission meetings are held in the I ntracoastal Park Clubhouse, 2240 N. Federal Highway, Boynton
Beac h. All regular meetings are held typically on the first and third Tuesday s of every month, starting at 6:30
p.m. (Please chec k the Agenda Sc hedule - some meetings have been moved due to Holidays/Election Day ).
Page 2 of 1829
1.O P E N IN G S
A.Call to Order - May or Steven B. Grant
I nvoc ation - Pastor Randy Patterson of Seacrest Presby terian C hurch
P ledge of Allegiance to the Flag led by Mayor Steven B. Grant
Roll Call
A genda Approval:
1. Additions, Deletions, Correc tions
2. Adoption
2.O T H E R
A.I nformational items by Members of the City C ommission
3.AN N O U N C E MEN TS, C O MMU N ITY AN D S P E C IAL E V E N T S AN D P R E S E N TAT IO N S
A.P resentation of Certific ates of Rec ognition to South Tech A cademy W ork Based Learning
Opportunity P rogram Student I nterns, Carlos Garcia, Tryston Schmitt and Franc o Lagio, for their
internship completion; a summary of the internship provided by A D A C oordinator Assistant, Ted
Goodenough.
B.A nnounc ement by Eleanor Krusell, Public C ommunic ations and Marketing D irec tor, regarding the
49th Annual Holiday Parade, Light up the Park and the introduc tion of Grand Marshal that will lead
the Parade.
C.A nnounc e the Solid W aste Division is having tire amnesty week for the C ity residents from
December 2nd through December 6th, 2019.
D.A nnounc ement about Grants & A D A C oordinator receiving the Champion of I nclusion Award.
E.P resentation of the monthly Town Square project update by Town S quare development team.
F.May or Grant would like to provide an update to the C ommission regarding his attendanc e at the
National League of Cities Summit.
4.P U B LIC AU D IE N C E
IN D IV ID U AL SPEAK E R S W IL L B E L IMITE D TO 3 MIN U T E P R ESEN TAT IO N S (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 C ommission)
5.AD MIN IS TR ATIV E
A.A pprove the request of Mayor Grant to distribute $200 of his Community Support Funds to
FA RTHE R Outreac h, a project of the Boynton Beach Community Development Corporation
(C D C).
B.A ppoint eligible members of the c ommunity to serve in vacant positions on City advisory boards.
6.C O N S E N T AG E N D A
Matter s in this section of the Agenda ar e proposed and recommended by the C ity 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 R ecord and subject to staff comments
Page 3 of 1829
A.P R O P O S E D R E SO L U T IO N N O. R 19-144 - Authorize the City Manager to enter into an
agreement for an annual subsc ription to E B S C O Novelist Database for one year in the amount of
$8,286 for the Library.
B.P R O P O S E D R E S O L U T IO N N O. R 19-145 - Approve and authorize the Mayor to sign a land
use agreement between the City of Boynton Beac h and S unTrust Bank for the 49th Annual
Holiday Parade on Saturday, D ec ember 7, 2019.
C.P R O P O S E D R E S O LU TIO N N O . R 19-146 - Authorize the City Manager to enter into an
agreement for annual subscription to Cengage Learning - C areer Online Sc hool for one year in
the amount of $5,090.
D.P R O P O S E D R E S O L U T IO N N O . R19-147 - Approve and authorize the City Manager to sign a
one-y ear contract with automatic one-y ear renewals with Northwest Regional Data Center for the
purchase of equipment and colocation servic es in the amount of $16,729.75. This contract is
exempt from competitive purchasing requirements pursuant to Florida Statute 284.057(3)(e)(12).
E.P R O P O S E D R E S O LU TIO N N O. R19-148 - Approve and authorize the City Manager to enter
into an agreement for of an annual subscription to B ibliothec a CloudLibrary Database for one
year in the amount of $2,000.
F.P R O P O S E D R E S O LU TIO N N O. R19-149 - Approve and authorize the City Manager to enter
into an agreement for renewal of an annual subscription to Rec orded Books Transparent
Language Database for one year in the amount of $2,400.
G.P R O P O S E D R E S O L U T IO N N O . R19-150 - Approve A mendment No. 1 to the language of
the existing Emergenc y Servic es A greement for Mutual Assistanc e and Automatic Aid between
the C ity of Boynton Beac h and the City of Delray Beach Fire Rescue.
H.P R O P O S E D R E S O L U T IO N N O . R19-151 - A mend the F Y 2018-2019 budget, whic h will adjust
budgeted appropriations and revenue sources and provide spending authority for D epartment or
Fund Operating and Capital Budget.
I .A pprove revisions to and addition of project(s) to the Fiscal Year 2019-2020 approved surtax
projects.
J .P R O P O S E D R E S O L U T IO N N O . R 19-152 - As part of the approval of the inter-loc al
agreement between the C ity and C RA for design, permitting, and construction administration of
the extension of NE 3rd Street it is nec essary to amend the Fisc al Year 2019-2020 Capital
I mprovement Fund (302) budget, which will adjust budgeted appropriations and revenue sources.
K.P R O P O S E D R E S O L U T IO N N O . R 19-153 - Approve C onsultant Agreement that will allow staff
to offer the After School Outreac h I nitiative Program at Poinciana E lementary School.
L.P R O P O S E D R E S O LU TIO N N O . R 19-154 - Approve and authorize the May or and City
Manager to sign the I nterloc al Agreement between Palm Beac h C ounty First Responders related
the "P S A P" (9-1-1 public safety answering point).
M.P R O P O S E D R E S O L U T IO N N O. R 19-155 - Award RF P # 024-2110-19/RW and authorize the
City Manager to enter into a two (2) year contrac t with B ec k's Towing & Rec overy, I nc. for Towing
& S torage Servic es.
N.A pprove piggy-back via Purchase Order of Sourc ewell Contract 061015-S K I to purchase of new
mobile truc k lifts from S tertil Koni in the estimated amount of $52,347.24 as allocated in the Fisc al
Year 2019-2020 Fleet Maintenance Budget, the Sourcewell Contract 061015-S K I meets the C ity's
procurement requirements.
O.A pprove the one-year extension for RF Ps/Bids and/ or piggy-bac ks for the procurement of
services and/or c ommodities as desc ribed in the written report for December 03, 2019- "Request
for Extensions and/or Piggybac ks."
P.A cc ept the written report to the Commission for purchases over $10,000 for the month of October
Page 4 of 1829
2019.
Q.A pprove Bid # 002-1412-20/MFD for "A NNUA L S UP P LY OF MI S C E LLANEOUS UNI F ORMS
TO I NC LUD E E MB ROI D E RY A ND S I L K SC RE E NI NG" to the following two (2) c ompanies: S P
Designs and Global Trading on a primary and secondary vendor basis, to the lowest, most
responsive, responsible bidders who met all spec ific ations with an estimated annual amount of
$50,000.
R.A uthorize the Piggy -Bac k by Purchase Order of the P alm Beach County Term C ontrac t 18055A
for the emergenc y purc hase and repair of fiber optic cabling between Rolling Green Tower and
P ublic W orks Administration by Precision Contract Services in the amount of $53,552.50 for two
P O’s previously approved by the City Manager. The City is allowed to purchase from Palm Beach
County Term C ontrac t.
S.A pprove the 2019 Repetitive Loss Area A naly sis (RL A A) doc ument, which will allow the City
residents to c ontinue to be eligible for a disc ount on flood insurance premiums.
T.A pprove Task Order UT-A-05 with W GI , in the amount of $29,377.00 in acc ordance with RF Q
No. 067-2821-16/TP, Professional Survey and Mapping Services Contract awarded by City
Commission on J anuary 17, 2017 to provide professional survey and mapping servic es for the
A lley s A bandonment project in the Ridgewood and Cherry Hills neighborhoods.
U.A pprove the minutes from City Commission meeting on November 5, 2019.
7.C O N S E N T B ID S AN D P U R C H AS E S O V ER $100,000
A.P R O P O S E D R E S O L U T IO N N O . R19-156 - Approve utilizing the City of Charlotte contrac t
#2017001135 thru US Communities with Kompan, I nc ., for Town Square Adventure Park
E quipment in the amount of $217,274.77 for the Museum Park area and $461,201.94 for the
K apok Park area for a total estimated expenditure of $678,476.71 and authorize the City Manager
to sign a piggy -back Contract with Kompan, I nc. US Communities contract satisfies the C ity's
procurement requirements.
B.P R O P O S E D R E S O L U T IO N N O . R 19-157 - Approve C hange Order No. 10 for Purchase
Order #181081 with Ric-Man I nternational, I nc. in the amount of $795,174.79 for the Central
S eacrest Corridor Utility I mprovements Phase I I project, inc reasing the total P urc hase Order
amount to $13,609,259.37.
C.A pprove the purc hase of replac ement vehicles as authorized in the Fiscal Year 2019-2020 budget
in the estimated amount of $3,007,135 by utilizing the following contrac ts and quotes: Florida
S heriffs Association, F S A18-V E H 16.0, F S A19-V E H 17.0, and F S A19-V E L 27.0 and
S ourcewell Contrac ts 040319-C E C, 062117-TTC and 122017E X P. These contracts satisfy the
City 's procurement requirements.
D.A pprove Phase I I of Task Order UT-1E-02 with Gentile Glas Holloway O’Mahoney, in the amount
of $83,722.96 in acc ordance with RFQ No. 046-2821-17/TP, General Consulting Services
Contract, Scope C ategory E awarded by C ity Commission on A ugust 7, 2018 to perform the final
engineering design for the site improvements at Meadow's Park. The original task order was for
$15,358.12. The amended task order amount will be $99,081.08.
8.P U B LIC H E AR IN G
7 P.M. O R AS S O O N T H E R E AF T E R AS TH E AG E N D A P E R MIT S
The C ity Commission will conduct these public hearings in its dual capacity as Local Planning
Agency and C ity Commission.
9.C IT Y MAN AG ER’S R E P O R T
A.Consider options to rename Veterans Memorial Park in honor of Tom Kaiser.
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B.Requested Action by City Commission: Authorize staff to implement the I nclusion W orks
B usiness Recognition Program and approve the use of 1% of Business Tax Rec eipts to fund the
program beginning in F Y2020.
C.City Lobby ist, Mat Forrest of Ballard Partners, will present the key issues/bills facing the City
during the 2020 Legislative Session. City Commission to disc uss and approve Legislative
P riorities for the 2020 Legislative S ession in Tallahassee.
D.P resentation by staff and grant recipients on F Y18-19 Entrepreneurship and Business I ncubation
Grant P rogram results and findings.
10.U N FIN IS H E D B U SIN E S S - None
11.N E W B U S IN E S S
A.P R O P O S E D R E S O L U T IO N N O . R19-158 - A pprove and ratify reopened Artic les of S E I U
B lue Collar Collec tive Bargaining A greement.
P R O P O S E D R E S O L U T IO N N O . R19-159 - Approve and ratify reopened A rticles of
S E I U W hite Collar Collective B argaining Agreement.
B.P R O P O S E D R E S O L U T IO N N O . R19-160 - A uthorize the Mayor to sign the Third Amendment
to the I nterlocal Agreement between the City of Boy nton Beach and Boynton Beach Community
Redevelopment A genc y (C RA ) for the C RA funding of the Neighborhood Offic er Polic ing
P rogram for F Y 19/20 for an amount not to exc eed $532,900.
C.P R O P O S E D R E S O LU TIO N N O . R 19-161 - Opposing offshore drilling ac tivities, including
seismic airgun blasting.
D.Consider rescheduling Commission meetings that conflic t with elec tions on March 17, 2020,
A ugust 18, 2020 and November 3, 2020.
E.Review and action on Annual Performanc e Evaluation for the C ity Manager.
12.L E G AL
A.P R O P O S E D R E S O L U T IO N N O . R 19-162 - Approving the Solid W aste rates and charges for
residential and c ommercial customers.
B.P R O P O S E D O R D IN AN C E N O. 19-043 - F IR S T R E AD IN G - Approving the abandonment of
an F P&L utility easement within the Oc ean Breeze E ast development, loc ated at 100 NE 7th
Avenue. Applicant: Lewis Swezy, Ocean Breeze East Apartments L L C .
C.P R O P O S E D O R D IN AN C E N O . 19-040 - SEC O N D R E AD IN G - A pprove proposed
amendments to Part I I , Code of Ordinances, Chapter 10, Article I I , Refuse, Garbage and Trash,
S ec tion 10-23 & Section 10-24, Amending definitions and c odes clarifying mandatory service
charge to curtail illegal dumping.
D.P R O P O S E D O R D IN AN C E N O . 19-041 - S E C O N D R E AD IN G – Approving amendments to
P art I I , Chapter 15. Offenses-Misc ellaneous of the C ode of Ordinances, and C hapter 1, Article I .
General Provisions and Chapter 3, Artic le I . Overview of Part I I I of the Code of Ordinanc es (i.e.
Land Development Regulations) declaring that when there is a conflic t between measures of a
Chronic Nuisance C orrective A ction Plan and the Land Development Regulations, the measures
of a C hronic Nuisance Corrective A ction Plan shall prevail.
E.P R O P O S E D O R D IN AN C E N O . 19-042 - S E C O N D R E AD IN G - Approving the partial
abandonment of three (3) separate platted utility easements within the Cortina P UD plat, as part of
the Alta Cortina project development, located at 1100 Audace Avenue, in Boynton Village and
Town Center. Applic ant: Henry Pino, A LTA Boy nton L L C.
13.F U TU R E AG EN D A IT E MS
A.S ale of C ity parcel on NE 4th S treet to Boynton C RA - December 17, 2019
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B.Quarterly C ensus updates by Laura Lansburgh, Marketing Manager:
D ecember 17, 2019
February 18, 2020
14.AD JO U R N ME N T
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A
DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY
CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 OR (TTY) 1-800-955-8771, AT LEAST 48 HOURS
PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE.
INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED
FROM THE OFFICE OF THE CITY CLERK.
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1.A .
OP E NI NG I TE MS
12/3/2019
CI TY OF BOY NTON BEACH
AGENDA I TEM REQUEST FORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
Call to Order - Mayor Steven B. Grant
I nvoc ation - P astor Randy Patterson of Seac rest P resbyterian Church
Pledge of Allegianc e to the Flag led by Mayor S teven B. Grant
Roll Call
Agenda Approval:
1. Additions, Deletions, Correc tions
2. Adoption
E X P L AN ATIO N O F R EQ U E S T:
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
F IS C AL IMPAC T: Non-budgeted
ALT E R N ATIV E S:
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant? No
G rant Amount:
Page 8 of 1829
2.A .
OTHE R
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: I nformational items by Members of the C ity Commission
E X P L AN ATIO N O F R EQ U E S T:
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
F IS C AL IMPAC T:
ALT E R N ATIV E S:
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
Page 9 of 1829
3.A.
A NNOUNC E ME NTS, C OMMUNI TY AND S P E C I A L E V E NTS AND P RE S E NTATI ONS
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
Presentation of C ertificates of Recognition to S outh Tec h Ac ademy W ork B ased Learning Opportunity
Program Student I nterns, Carlos Garcia, Try ston Sc hmitt and Franco Lagio, for their internship c ompletion;
a summary of the internship provided by A D A Coordinator Assistant, Ted Goodenough.
E X P L AN ATIO N O F R EQ U E S T:
SouthTech Ac ademy’s core mission is to graduate students ready for work, higher educ ation and productive
citizenship. S outhTech Academy ’s Transition P rogram provides students an opportunity to attend daily
vocational ac ademic classes, in addition to offering career experienc e, training and placement. The City of
Boy nton Beac h A D A Coordinator Assistant, Ted Goodenough and South Tech A cademy Employ ment
Specialist, Teresa Trumble-Thomas, created a C areer Exploration I nternship opportunity for Carlos, Tryston
and Franco in the field of tec hnology. This c ertificate rec ognizes their completion of the internship.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
Partnerships between the C ity and organizations serving individuals with disabilities is important to educate
staff, remove stigmas, and provide opportunities for individuals to try new things, and take steps towards
greater independenc e.
The Career Exploration I nternship was created to give the student insight as to how tec hnology is used
throughout the City to provide servic es to the public. I t inc luded an orientation to C ity government and a visit
to the Human Resources D epartment, followed by an overview of the I nformation Tec hnology Services (I TS )
Department whic h inc luded meeting with each staff person, reviewing their job responsibilities, experiencing
their work environment, and getting tips and hints on how to break into the field of tec hnology from
professionals. The students visited with I T staff from the Police Department, Fire Department, and Library
and took several "behind the sc enes" tours of eac h department for a deeper look into the many uses of
tec hnology. Ted showed the students how assistive technology helps him in the work plac e and had them try
their hand at his braille mac hine and screen reader. C ity staff provided Carlos, Try ston and Franco with a
very valuable career exploration opportunity, one they will long remember.
F IS C AL IMPAC T:
ALT E R N ATIV E S:
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
Page 10 of 1829
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
Page 11 of 1829
3.B.
A NNOUNC E ME NTS, C OMMUNI TY AND S P E C I A L E V E NTS AND P RE S E NTATI ONS
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
Announcement by Eleanor Krusell, Public C ommunic ations and Marketing Director, regarding the 49th
Annual Holiday Parade, Light up the Park and the introduction of Grand Marshal that will lead the Parade.
E X P L AN ATIO N O F R EQ U E S T:
The City invites the public to attend our 49th A nnual Holiday Parade on Dec ember 7th. The event begins at 4
pm. W e invite every one to join us in making some noise in #D owntownBoynton as we welc ome more than 65
local community entries that inc lude bands, danc ers, c heer teams, floats, drum lines and more.
Leading this y ear's parade, I would like to introduce the Grand Marshal, J oanie Helgesen, Ms. Super Senior
US A.
The Parade will take plac e on Federal Highway from NE 10th Avenue to NE 1st Avenue. W e encourage you
to bring your c hairs. Large areas of public parking are available at the corner of Federal Highway and
Boy nton Beac h B oulevard, as well as A D A parking. Additional parking areas inc lude Pence Park, Chase
Bank, and J ourney C hurch. W e enc ourage those attending to utilize a ride share.
Following the Parade, the Light Up the Park event, produced by the Boynton Beach C R A, will be
held at Dewey Park on the corner of Ocean Avenue and N E 4th Street.
More details on these events may be found on Boynton-Beach.com or CatchBoynton.com.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
Support services will be provided by City Departments suc h as Rec reation, Public W orks, Fire and Police
Departments.
F IS C AL IMPAC T: Budgeted
T he Holiday Parade is a budgeted item within the Marketing/Events Department budgets.
ALT E R N ATIV E S:
Do not announce the 49th Annual Holiday Parade, Light Up the Park and Grand Marshal.
S T R AT E G IC P LAN: Redevelop Downtown, Boynton Beac h Branding
S T R AT E G IC P LAN AP P LIC AT IO N:
T he Annual Holiday Parade will bring residents and visitors to the downtown area. T he City's
restaurants and businesses in the area will see increased business.
C L IMAT E AC T IO N: N o
Page 12 of 1829
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
Page 13 of 1829
3.C.
A NNOUNC E ME NTS, C OMMUNI TY AND S P E C I A L E V E NTS AND P RE S E NTATI ONS
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Announce the Solid W aste D ivision is having tire amnesty
week for the C ity residents from Dec ember 2nd through December 6th, 2019.
E X P L AN ATIO N O F R EQ U E S T:
Residents may plac e at the c urb up to eight (8) c ar and/or passenger tires (with or without rims) for pickup.
Tires will be picked up on the scheduled bulk trash day
Tires must be plac ed at the edge of the road at least three (3) feet away from the garbage carts and
any other fixtures, such as telephone poles, low-hanging wires, cars, and mailboxes, etc.
Tires must be separated from regular bulk trash and vegetation in order to be servic ed properly and
without delay.
I f you have any questions you can contact the S olid W aste Division of Public W orks at (561) 742-6200,
Monday-Friday, 7:30 a.m. to 4:30 p.m.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
F IS C AL IMPAC T: Budgeted
ALT E R N ATIV E S:
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant? No
G rant Amount:
Page 14 of 1829
3.D.
A NNOUNC E ME NTS, C OMMUNI TY AND S P E C I A L E V E NTS AND P RE S E NTATI ONS
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Announcement about Grants & A D A Coordinator receiving
the Champion of I nclusion Award.
E X P L AN ATIO N O F R EQ U E S T: The Unic orn C hildren's Foundation is an international non-profit
organization dedicated to c hildren and young adults with developmental, communication, and learning
disorders through educ ation, awareness and research so that they have every opportunity to lead productive
and fulfilling lives. As part of their 25th birthday celebration, the Foundation c elebrated the actions and
impac t made by local leaders, servic e providers and advoc ates by presenting awards in various related
categories. A t the Awards Ceremony on November 22, Debbie Majors received the "C hampion of
I nc lusion" Award rec ognizing the outstanding work she has done to make the City of Boy nton Beach an
inc lusive organization.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? No affect
F IS C AL IMPAC T: Non-budgeted None
ALT E R N ATIV E S: D o not make the announc ement.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
Page 15 of 1829
3.E.
A NNOUNC E ME NTS, C OMMUNI TY AND S P E C I A L E V E NTS AND P RE S E NTATI ONS
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Presentation of the monthly Town S quare projec t update
by Town Square development team.
E X P L AN ATIO N O F R EQ U E S T:
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
F IS C AL IMPAC T:
ALT E R N ATIV E S:
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
Page 16 of 1829
3.F.
A NNOUNC E ME NTS, C OMMUNI TY AND S P E C I A L E V E NTS AND P RE S E NTATI ONS
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Mayor Grant would like to provide an update to the
Commission regarding his attendanc e at the National League of Cities Summit.
E X P L AN ATIO N O F R EQ U E S T:
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
F IS C AL IMPAC T:
ALT E R N ATIV E S:
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
Page 17 of 1829
5.A.
A D MI NI S TRATI V E
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve the request of Mayor Grant to distribute $200 of his
Community Support Funds to FA RTHE R Outreach, a project of the Boynton Beac h Community Development
Corporation (C D C ).
E X P L AN ATIO N O F R EQ U E S T: Mayor Grant requests to distribute $200.00 of his C ommunity Support
Funds to FA RTHE R Outreach, a project of the Boynton Beac h C D C. The funding will be used for a health
and wellness event sc heduled for Friday, Dec ember 6, 2019 at the Riviera Beac h Marina Event Center,
for HI V awareness and getting the community together to educate and advoc ate.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? N/A
F IS C AL IMPAC T: C ommunity Support Funds of $2,000 for eac h Commission member were approved in
the 2019/2020 budget.
ALT E R N ATIV E S:
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N: N/A
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N: N/A
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Attachment Request for Community Support Funds
Page 18 of 1829
Page 19 of 1829
5.B.
A D MI NI S TRATI V E
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Appoint eligible members of the community to serve in vac ant
positions on C ity advisory boards.
E X P L AN ATIO N O F R EQ U E S T: The attached list c ontains the names of those who have applied for
vacanc ies on the various advisory boards. A list of vacanc ies is provided with the designated Commission
members having responsibility for the appointment to fill eac h vacanc y.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? Appointments are necessary to keep
our advisory board full and operating as effectively as possible.
F IS C AL IMPAC T: Non-budgeted Non-budgeted. None.
ALT E R N ATIV E S: Allow vac ancies to remain unfilled.
S T R AT E G IC P LAN: Building W ealth in the Community
S T R AT E G IC P LAN AP P LIC AT IO N: Building W ealth in the Community.
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N: No.
Is this a grant? No
G rant Amount:
Page 20 of 1829
AT TAC H ME N TS :
Type Desc ription
Addendum Appointments and Applicants for Dec ember 3,
2019
Addendum Allen, Darren
Addendum Ayala, Dario
Addendum Bates, Todd
Addendum Berger, Daniel
Addendum Bionta, Marsha
Addendum Blac k, Alison
Addendum Brink, Damian
Addendum DeVoursney, D r. J ames
Addendum Feldman, J esse
Addendum Frederick, Charles
Addendum Gadson, Chevette
Addendum Gomez, J ennifer
Addendum Gropper, Malcolm
Addendum Hayden-Adey emo, D r. Stephanie
Addendum Hendricks, Allan
Addendum Kanter, Charles
Addendum Katz, David
Addendum Klauber, Martin
Addendum Levine, Marcia
Addendum Litsc h, Tim
Addendum Lorenz, Roby n
Addendum Lowe, Ben
Addendum Mondello, J ulie
Addendum Moodie, Clovis
Addendum North, Dr. Tiffany
Addendum Phillips, Lyman
Addendum Pierce Roe, E lizabeth
Addendum Rada, Dr. Vinola
Addendum Sherloc k, Elizabeth
Addendum Silverio, Saddam
Addendum Stern, Renee
Addendum Taylor, Gerald
Addendum W ilson, Michael
Addendum Young, Shaquira
Addendum Zoneinstein, Floy d
Page 21 of 1829
APPOINTMENTS AND APPLICANTS FOR DECEMBER 3, 2019
____________________________________________________________________________________
Arts Commission
IV Penserga Reg 2 yr term to 12/20
Mayor Grant Reg 2 yr term to 12/21
I Katz Reg 2 yr term to 12/21
II McCray Reg 2 yr term to 12/21
III Romelus Alt 2 yr term to 12/21
IV Penserga Alt 2 yr term to 12/20
Applicants:
Marcia Levine (Current Regular)
Clovis Moodie (Current Regular)
Robyn Lorenz (Current Regular)
Saddam Silverio (Current Alternate requesting move up)
Martin Klauber
Dario Ayala
___________________________________________________________________________________
Building Board of Adjustments and Appeals
III Romelus Alt 2 yr term to 12/20 (Tabled 2)
IV Penserga Alt 2 yr term to 12/21 (Tabled 2)
Mayor Grant Reg 2 yr term to 12/21
I Katz Reg 2 yr term to 12/21
II McCray Reg 2 yr term to 12/21
III Romelus Reg 2 yr term to 12/21
IV Penserga Reg 2 yr term to 12/20
Applicants:
Daniel Berger (Current Regular)
Damian Brink (Current Regular)
____________________________________________________________________________________
Citizens Oversight Committee
I Katz Reg 2 yr term to 12/21
II McCray Reg 2 yr term to 12/21
III Romelus Reg 2 yr term to 12/21
Applicants:
Gerald Taylor (Current Regular)
____________________________________________________________________________
Page 22 of 1829
____________________________________________________________________________
Community Redevelopment Agency Advisory Board
III Romelus Reg 2 yr term to 12/21
IV Penserga Reg 2 yr term to 12/21
Mayor Grant Reg 2 yr term to 12/21
I Katz Reg 2 yr term to 12/21
Applicants:
Allan Hendricks (Current Regular)
____________________________________________________________________________
Education and Youth Advisory Board
II McCray STU 2 yr term to 12/21 (Tabled 2)
III Romelus STU NV 2 yr term to 12/21
IV Penserga Reg 2 yr term to 12/21
Mayor Grant Reg 2 yr term to 12/21
I Katz Reg 2 yr term to 12/21
II McCray Alt 2 yr term to 12/21
Applicants:
Dr. Tiffany North (Current Regular)
Chevette Gadson (Current Regular)
Shaquira Young (Current Regular)
Dr. Vinola Rada (Current Alternate)
Historic Resources Preservation Board
III Romelus Alt 2 yr term to 12/20
IV Penserga Reg 2 yr term to 12/20
Mayor Grant Reg 2 yr term to 12/21
I Katz Reg 2 yr term to 12/21
II McCray Reg 2 yr term to 12/21
III Romelus Alt 2 yr term to 12/21
Applicants:
Ben Lowe (Current Regular)
Mike Wilson (Current Regular)
Jesse Feldman (Current Regular)
Page 23 of 1829
_________________________________________________________________________
Library Board
Mayor Grant Reg 2 yr term to 12/21 (Tabled 3)
I Katz Reg 2 yr term to 12/21
II McCray Reg 2 yr term to 12/21
III Romelus Reg 2 yr term to 12/21
IV Penserga Reg 2 yr term to 12/20
Mayor Grant Alt 2 yr term to 12/21
I Katz Alt 2 yr term to 12/20
Applicants:
Dr. Stephanie Hayden-Adeyemo (Current Regular)
Elizabeth Sherlock
Planning & Development Board
Mayor Grant Reg 2 yr term to 12/21
I Katz Reg 2 yr term to 12/21
II McCray Reg 2 yr term to 12/21
III Romelus Reg 2 yr term to 12/21
IV Penserga Alt 2 yr term to 12/21
Applicants:
David Katz (Current Regular)
Malcom Gropper (Current Regular)
Floyd Zonenstein (Current Regular)
Tim Litsch (Current Alternate)
Todd Bates
Dr. James DeVoursney
Lyman Phillips
Darren Allen
___________________________________________________________________________
Recreation and Parks Board
II McCray Alt 2 yr term to 12/21 (Tabled 2)
III Romelus Reg 2 yr term to 12/21
IV Penserga Reg 2 yr term to 12/21
Mayor Grant Reg 2 yr term to 12/21
I Katz Reg 2 yr term to 12/21
Applicants:
Julie Mondello (Current Regular)
Charles Kanter (Current Regular)
Renee Stern (Current Regular)
Elizabeth Pierce Roe (Current Regular)
Charles Frederick (Current Alternate)
Marsha Bionta
____________________________________________________________________________
Page 24 of 1829
____________________________________________________________________________
Senior Advisory Board
I Katz Alt 2 yr term to 12/20 (Tabled 2)
II McCray Reg 2 yr term to 12/20 (Tabled 2)
III Romelus Reg 2 yr term to 12/21 (Tabled 2)
IV Penserga Reg 2 yr term to 12/21
Mayor Grant Reg 2 yr term to 12/21
I Katz Alt 2 yr term to 12/21
Applicants:
Jennifer Gomez (Current Regular)
Alison Black (Current Alternate)
___________________________________________________________________________
Page 25 of 1829
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6.A.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O PO SE D R E S O L U T IO N N O. R 19-144 - Authorize the
City Manager to enter into an agreement for an annual subscription to E B S C O Novelist Database for one
year in the amount of $8,286 for the Library.
E X P L AN ATIO N O F R EQ U E S T:
NoveList Complete is an online database c omprised of the following three components: NoveList Plus
provides unique story elements to help guide readers to books that match the reading experienc e they want.
NoveList Select enric hes the library 's existing catalog with information important to readers, such as a
book’s tone and trusted read-alikes. LibraryAware c onnects patrons to our resources through multiple
channels. The sy stem c an c reate program signage, posters, e-newsletters, social media posts, and more.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? Novelist C omplete will give Library
customers acc ess to an assortment of recommendation lists. This can be ac cessed through the Library's
website and new self chec k kiosks. The Library is expec ted to see an increase in circ ulated items.
F IS C AL IMPAC T: Budgeted Budgeted annual subscription fee of $8,286.00
ALT E R N ATIV E S:
Do not purchase.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant? No
G rant Amount:
Page 110 of 1829
AT TAC H ME N TS :
Type Desc ription
Resolution Resolution No. R19-144
Attachment Product Order Form
Agreement Ebsco Liscenc e Agreement
Sole Source Letter Sole Source Letter
Page 111 of 1829
S:\CA\RESO\Agreements\EBSCO Novelist Database Agreement - Reso.docx
RESOLUTION NO. R19-144 1
2
A RESOLUTION OF THE BOYNTON BEACH, 3
FLORIDA, APPROVING AND AUTHORIZING THE 4
CITY MANAGER TO ENTER INTO AN 5
AGREEMENT FOR AN ANNUAL SUBSCRIPTION 6
FOR THE LIBRARY WITH EBSCO NOVELIST 7
DATABASE FOR A ONE YEAR PERIOD IN THE 8
AMOUNT OF $8,286.00; AND PROVIDING AN 9
EFFECTIVE DATE. 10
11
WHEREAS, Novelist Complete is an online database comprised of NoveList Plus; 12
NoveList Select and Library Aware that provides customers with access to an assortment 13
of recommendation lists; and 14
WHEREAS, upon recommendation of staff, the City Commission of the City of 15
Boynton Beach does hereby approve the annual subscription with EBSCO Novelist 16
Database for one year in the amount of $8,286.00. 17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 20
as being true and correct and are hereby made a specific part of this Resolution upon 21
adoption hereof. 22
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 23
approves and authorizes the City Manager to enter into an Agreement for an annual 24
subscription with EBSCO Novelist Database for the Library for a one year period in the 25
amount of $8,286.00, a copy of which is attached hereto as Exhibit “A”. 26
Section 3. That this Resolution shall become effective immediately. 27
28
Page 112 of 1829
S:\CA\RESO\Agreements\EBSCO Novelist Database Agreement - Reso.docx
PASSED AND ADOPTED this _____ day of December, 2019. 1
2
CITY OF BOYNTON BEACH, FLORIDA 3
YES NO 4
5
Mayor – Steven B. Grant _____ _____ 6
7
Vice Mayor – Justin Katz _____ _____ 8
9
Commissioner – Mack McCray _____ _____ 10
11
Commissioner – Christina L. Romelus _____ _____ 12
13
Commissioner – Ty Penserga _____ _____ 14
15
16
VOTE ______ 17
ATTEST: 18
19
20
_____________________________ 21
Crystal Gibson, MMC 22
City Clerk 23
24
25
26
(Corporate Seal) 27
28
Page 113 of 1829
Purchasing Customer
BOYNTON BEACH PUBLIC LIBRARY
REFERENCE DEPT
208 S SEACREST BLVD
BOYNTON BEACH, FL, 33435
USA
Contact:
Jeannie Taylor
5617426396
taylorjd@bbfl.us
Billing Address
BOYNTON BEACH PUBLIC LIBRARY
REFERENCE DEPT
208 S SEACREST BLVD
BOYNTON BEACH, FL, 33435
USA
Your invoice will be sent to:
Jeannie Taylor
taylorjd@bbfl.us
Product Name Begin Date Expire Date Price
NVL Complete $8,286.00
Novelist Select 11/01/2019 10/31/2020
NoveList Plus 11/01/2019 10/31/2020
LibraryAware 11/01/2019 10/31/2020
NoveList K-8 Plus 11/01/2019 10/31/2020
Total:$8,286.00
The above excludes all applicable tax
Currency:US Dollar
Price represented is the cash discounted price for payments received by check or electronic payment. If paying by a method other than check or electronic payment,
please inquire for non cash discounted pricing. Payment due upon receipt of invoice. Interest of 1 percent per month charged for payment received later than 30 days
after invoice date. eBooks and eAudiobooks ordered are non-returnable and non-refundable.
Terms and Conditions
Customer agrees to terms and conditions of the appropriate license agreement for usage of purchased access or subscription to electronic databases, econtent and
services. If ordering ebooks or audiobooks, customer also agrees to the terms and conditions of the Library eContent Agreement.
Authorized Signature:Date:
Print Name:Title:
Please sign, scan and email this form to: AMY DIPIANO at adipiano@ebsco.com
Thank you for your business!
If unable to scan, please fax to: 978-356-5640
10 Estes Street
P.O. Box 682
Ipswich, MA 01938
USA
www.ebsco.com
(978) 356-6500
(800) 653-2726
Fax: (978) 356-5640
information@epnet.com
Product Order Form CustID:s8369469
OrderID:WSR478360
Date:10/29/2019
Page 1 of 1
Page 114 of 1829
EBSCO LICENSE AGREEMENT
By using the services available at this site or by making the services available to Authorized
Users, the Authorized Users and the Licensee agree to comply with the following terms and
conditions (the “Agreement”). For purposes of this Agreement, “EBSCO” is EBSCO Publishing,
Inc.; the “Licensee” is the entity or institution that makes available databases and services offered
by EBSCO; the “Sites” are the Internet websites offered or operated by Licensee from which
Authorized Users can obtain access to EBSCO’s Databases and Services; and the “Authorized
User(s)” are employees, students, registered patrons, walk -in patrons, or other persons affiliated
with Licensee or otherwise permitted to use Licensee’s facilities and authorized by Licensee to
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“Services” shall mean EBSCOhost, EBSCOhost Integrated Search, EBSCO Discovery Service
EBSCO eBooks, Flipster, PrepSTEP and related products to which Licensee has purchased
access or a subscription. “Services” shall also include audio books and eBooks to which a
Licensee has purchased access or a subscription and periodicals to which Licensee has
purchased a subscription. “Databases” shall mean the products made available by EBSCO.
EBSCO disclaims any liability for the accuracy, completeness or functionality of any material
contained herein, referred to, or linked to. Publication of the servicing information in this content
does not imply approval of the manufacturers of the products covered. EBSCO assumes no
responsibility for errors or omissions nor any liability for damages from use of the information
contained herein. Persons engaging in the procedures included herein do so entirely at their own
risk.
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A. EBSCO hereby grants to the Licensee a nontransferable and non-exclusive right to
use the Databases and Services made available by EBSCO according to the terms and
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transfer any ownership, and the Licensee and Sites may not reproduce, distribute, display,
modify, transfer or transmit, in any form, or by any means, any Database or Service or any
portion thereof without the prior written consent of EBSCO, except as specifically authorized in
this Agreement.
B. The Licensee is authorized to provide on-site access through the Sites to the
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Databases or Services on any publicly indexed websites. The Licensee and Sites are authorized
to provide remote access to the Databases and Services only to their patrons as long as security
procedures are undertaken that will prevent remote access by institutions, employees at non-
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and specifically granted access by EBSCO. For the avoidance of doubt, if Licensee provides
remote access to individuals on a broader scale than was contemplated at the inception of this
Agreement then EBSCO may hold the Licensee in breach and suspend access to the
Database(s) or Services. Remote access to the Databases or Services is permitted to
patrons of subscribing institutions accessing from remote locations for personal, non-
commercial use. However, remote access to the Databases or Services from non-
subscribing institutions is not allowed if the purpose of the use is for commercial gain
through cost reduction or avoidance for a non-subscribing institution.
C. Licensee and Authorized Users agree to abide by the Copyr ight Act of 1976 as well as
by any contractual restrictions, copyright restrictions, or other restrictions provided by publishers
and specified in the Databases or Services. Pursuant to these terms and conditions, the
Licensee and Authorized Users may download or print limited copies of citations, abstracts, full
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Licensee and Authorized Users may not publish the information. Licensee and Authorized Users
shall not use the Database or Services as a component of or the basis of any other publication
prepared for sale and will neither duplicate nor alter the Databases or Services or any of the
Page 115 of 1829
content therein in any manner, nor use same for sale or distribution. Licensee and Authorized
Users may create printouts of materials retrieved through the Databases or Services via online
printing, offline printing, facsimile or electronic mail. All reproduction and distribution of such
printouts, and all downloading and electronic storage of materials retrieved through the
Databases or Services shall be for internal or personal use. Downloading all or parts of the
Databases or Services in a systematic or regular manner so as to create a collection of materials
comprising all or part of the Databases or Services is strictly prohibited whether or not such
collection is in electronic or print form. Notwithstanding the above restrictions, this paragraph
shall not restrict the use of the materials under the doctrine of “fair use” as defined under the laws
of the United States. Publishers may impose their own conditions of use applicable only to their
content. Such conditions of use shall be displayed on the computer screen displays associated
with such content. The Licensee shall take all reasonable precautions to limit the usage of the
Databases or Services to those specifically authorized by this Agreement.
D. Authorized Sites may be added or deleted from this Agreement as mutually agreed
upon by EBSCO and Licensee
E. Licensee agrees to comply with the Copyright Act of 1976, and agrees to indemnify
EBSCO against any actions by Licensee that are not consistent with the Copyright Act of 1976.
F. The computer software utilized via EBSCO's Databases and Service(s) is protected by
copyright law and international treaties. Unauthorized reproduction or distribution of this software,
or any portion of it, is not allowed. User shall not reverse engineer, decompile, disassemble,
modify, translate, make any attempt to discover the source code of the software, or create
derivative works from the software.
G. The Databases are not intended to replace Licensee’s existing subscriptions to
content available in the Databases.
H. Licensee agrees not to include any advertising in the Databases or Services.
II. LIMITED WARRANTY AND LIMITATION OF LIABILITY
A. EBSCO and its licensors disclaim all warranties, express or implied, including, but not
limited to, warranties of merchantability, noninfringement, or fitness for a particular purpo se.
Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or
its licensors any other liability in connection with the licensing of the Databases or the Services
under this Agreement and/or its use thereof by the Licensee and Sites or Authorized Users.
B. THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORS, IF ANY, UNDER
THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR
DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED
TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER
UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED.
IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY
AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO
THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
C. Licensee is responsible for maintaining a valid license to the third party resources
configured to be used via the Services (if applicable). EBSCO disclaims any responsibility or
liability for a Licensee accessing the third party resources without proper authorization.
D. EBSCO is not responsible if the third party resources accessible via the Services fail
to operate properly or if the third party resources accessible via the Services cause issues for the
Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee
acknowledges that certain aspects of functionality may be dependent on third party resource
providers who may need to be contacted directly for resolution.
III. PRICE AND PAYMENT
Page 116 of 1829
A. License fees have been agreed upon by EBSCO and the Licensee, and include all
retrospective issues of the Product(s) as well as updates furnished during the term of this
Agreement. The Licensee's obligations of payment shall be to EBSCO or its assignee.
Payments are due upon receipt of invoice(s) and will be deemed delinquent if not received within
thirty (30) days. Delinquent invoices are subject to interest charges of 12% per annum on the
unpaid balance (or the maximum rate allowed by law if such rate is less than 12%). The
Licensee will be liable for all costs of collection. Failure or delay in rendering payments d ue
EBSCO under this Agreement will, at EBSCO's option, constitute material breach of this
Agreement. If changes are made resulting in amendments to the listing of authorized Sites,
Databases, Services and pricing identified in this Agreement pro rata adjustments of the
contracted price will be calculated by EBSCO and invoiced to the Licensee and/or Sites
accordingly as of the date of any such changes. Payment will be due upon receipt of any
additional pro rata invoices and will be deemed delinquent if not received within thirty (30) days of
the invoice dates.
B. Taxes, if any, are not included in the agreed upon price and may be invoiced
separately. Any taxes applicable to the Database(s) under this Agreement, whether or not such
taxes are invoiced by EBSCO, will be the exclusive responsibility of the Licensee and/or Sites.
IV. TERMINATION
A. In the event of a breach of any of its obligations under this Agreement, Licensee shall
have the right to remedy the breach within thirty (30) days upon receipt of written notice from
EBSCO. Within the period of such notice, Licensee shall make every reasonable effort and
document said effort to remedy such a breach and shall institute any reasonable procedures to
prevent future occurrences of such breaches. If the Licensee fails to remedy such a breach
within the period of thirty (30) days, EBSCO may (at its option) terminate this Agreement upon
written notice to the Licensee.
B. If EBSCO becomes aware of a material breach of Licensee’s obligations under this
Agreement or a breach by Licensee or Authorized Users of the rights of EBSCO or its licensors or
an infringement on the rights of EBSCO or its licensors, then EBSCO will notify the Licensee
immediately in writing and shall have the right to temporarily suspend the Licensee’s access to
the Databases or Services. Licensee shall be given the opportunity to remedy the breach or
infringement within thirty (30) days following receipt of written notice from EBSCO. Once the
breach or infringement has been remedied or the offending activity halted, EBSCO shall reinstate
access to the Databases or Services. If the Licensee does not satisfactorily remedy the
offending activity within thirty (30) days, EBSCO may terminate this Agreement upon written
notice to the Licensee.
C. The provisions set forth in Sections I, II and V of this Agreement shall survive the term
of this Agreement and shall continue in force into perpetuity.
V. NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT
EBSCO has appointed an agent to receive notif ications of claims of copyright
infringement regarding materials available or accessible on, through, or in connection with our
services. Any person authorized to act for a copyright owner may notify us of such claims by
contacting the following agent: Kim Stam, EBSCO Publishing, 10 Estes Street, Ipswich, MA
01938; phone: 978-356-6500; fax: 978-356-5191; email: kstam@ebsco.com. In contacting this
agent, the contacting person must provide all relevant information, including the elements of
notification set forth in 17 U.S.C. 512.
VI. GENERAL
Page 117 of 1829
A. Neither EBSCO nor its licensors will be liable or deemed to be in default for any delays
or failure in performance resulting directly or indirectly from any cause or circumstance beyond its
reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or
military authority, rain, fire, flood, accidents, earthquake(s), strikes or labor shortages,
transportation facilities shortages or failures of equipment, or failures of the Internet.
B. This Agreement and the license granted herein may not be assigned by the Licensee
to any third party without written consent of EBSCO.
C. If any term or condition of this Agreement is found by a court of competent jurisdiction
or administrative agency to be invalid or unenforceable, the remaining terms and conditions
thereof shall remain in full force and effect so long as a valid Agreement is in effect.
D. If the Licensee and/or Sites use purchase orders in conjunction with this Agreement,
then the Licensee and/or Sites agree that the following statement is hereby automatically made
part of such purchase orders: "The terms and conditions set forth in the EBSCO License
Agreement are made part of this purchase order and are in lieu of all terms and conditions,
express or implied, in this purchase order, including any renewals hereof."
E. This Agreement represents the entire agreement and understanding of the parties with
respect to the subject matter hereof and supersedes any and all prior agreements and
understandings, written and/or oral. There are no representations, warranties, promises,
covenants or undertakings, except as described here.
F, EBSCO grants to the Licensee a non-transferable right to utilize any IP addresses
provided by EBSCO to Licensee to be used with the Services. EBSCO does not transfer any
ownership of the IP addresses it provides to Licensee. In the event of termination of the
Licensee’s license to the Services, the Licensee’s right to utilize such IP addresses will ceas e.
Page 118 of 1829
PUBLIC RECORDS. Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes
119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida’s Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY’s custodian of public records, provide the CITY with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and, following completion of the contract, Contractor
shall destroy all copies of such confidential and exempt records remaining in its
possession once the Contractor transfers the records in its possession to the CITY; and
D Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the
CITY, all public records in Contractor’s possession All records stored electronically by
Contractor must be provided to the CITY, upon request from the CITY’s custodian of
public records, in a format that is compatible with the information technology systems of
the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BLVD., SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
GIBSONC@BBFL.US
SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating in a
boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in
Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject
to limited exceptions provided in state law, the City will not contract for the provision of
Page 119 of 1829
goods or services with any scrutinized company referred to above. Submitting a false
certification shall be deemed a material breach of contract. The City shall provide notice, in
writing, to Contractor of the City's determination concerning the false certification. Contractor
shall have five (5) days from receipt of notice to refute the false certification allegation. If
such false certification is discovered during the active contract term, Contractor shall have
ninety (90) days following receipt of the notice to respond in writing and demonstrate that
the determination of false certification was made in error. If Contractor does not demonstrate
that the City's determination of false certification was made in error then the City shall have
the right to terminate the contract and seek civil remedies pursuant to Section 287.135,
Florida Statutes, as amended from time to time.
“This Agreement will take effect once signed by both parties. This Agreement may be signed
by the parties in counterparts which together shall constitute one and the same agreement
among the parties. A facsimile signature shall constitute an original signature for all
purposes.”
Page 120 of 1829
Page 121 of 1829
6.B.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
P R O P O S E D R E S O LU TIO N N O . R19-145 - A pprove and authorize the May or to sign a land use
agreement between the C ity of Boynton Beach and SunTrust Bank for the 49th Annual Holiday Parade on
Saturday, Dec ember 7, 2019.
E X P L AN ATIO N O F R EQ U E S T:
As in previous years, the City desires to utilize the parking lots on the property of SunTrust Bank (315 S.
Federal Highway) during the 49th Annual Holiday P arade.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
Utilizing this lot will assist with the limited parking available in Downtown Boynton due to the Town Square
redevelopment projec t.
F IS C AL IMPAC T: Non-budgeted
There is no c ost related to the temporary use of the SunTrust Bank property on S aturday, December 7,
2019.
ALT E R N ATIV E S:
Not approve the land use agreement between the City of Boy nton Beach and S unTrust Bank for property
(parking) use on S aturday, December 7, 2019 for the C ity's 49th Annual Holiday Parade.
S T R AT E G IC P LAN: Redevelop Downtown, Boynton Beac h Branding
S T R AT E G IC P LAN AP P LIC AT IO N:
During the Town Square redevelopment projec t, identifying and promoting additional public parking
opportunities during large events in the downtown area allows more individuals to attend, park safely, and visit
our loc al restaurants and businesses.
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
Page 122 of 1829
AT TAC H ME N TS :
Type Desc ription
Resolution Resolution approving Land Use Agreement with
SunTrust Bank for parking during the parade
Agreement SunTrust Bank Land Use Agreement
Page 123 of 1829
S:\CA\RESO\Agreements\Land Use Agreement with SunTrust Bank for Holiday Parade 2019 - Reso.docx
RESOLUTION NO. R19- 1
2
3
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 5
SIGN A LAND USE AGREEMENT WITH SUNTRUST BANK, FOR 6
THE 49TH ANNUAL HOLIDAY PARADE TO BE HELD 7
DECEMBER 7, 2019; AND PROVIDING AN EFFECTIVE DATE. 8
9
10
WHEREAS, the City plans to use the SunTrust Bank., property at 315 South Federal 11
Highway as a public parking option during the 49th Annual Holiday Parade on December 7, 12
2019; and 13
WHEREAS, While the City's Town Square is under construction parking is limited 14
and this site will provide an alternative for public parking during the event; and 15
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16
recommendation of staff, deems it to be in the best interests of the City residents to approve 17
and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach 18
and SunTrust Bank, for the 49th Annual Holiday Parade to be held December 7, 2019. 19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22
being true and correct and are hereby made a specific part of this Resolution upon adoption 23
hereof. 24
Section 2. The City Commission hereby approves and authorizes the Mayor to 25
sign a Land Use Agreement between the City of Boynton Beach and SunTrust Bank, for the 26
49th Annual Holiday Parade to be held December 7, 2019. A copy of the Agreement is 27
attached hereto as Exhibit “A.” 28
Section 3. This Resolution shall become effective immediately upon passage. 29
Page 124 of 1829
S:\CA\RESO\Agreements\Land Use Agreement with SunTrust Bank for Holiday Parade 2019 - Reso.docx
30
PASSED AND ADOPTED this _____ day of December, 2019. 31
CITY OF BOYNTON BEACH, FLORIDA 32
33
YES NO 34
35
Mayor – Steven B. Grant _____ _____ 36
37
Vice Mayor – Justin Katz _____ _____ 38
39
Commissioner – Mack McCray _____ _____ 40
41
Commissioner – Christina L. Romelus _____ _____ 42
43
Commissioner – Ty Penserga _____ _____ 44
45
VOTE ______ 46
ATTEST: 47
48
49
_____________________________ 50
Crystal Gibson, MMC 51
City Clerk 52
53
54
(Corporate Seal) 55
Page 125 of 1829
AGREEMENT FOR USE OF PROPERTY
THIS AGREEMENT FOR USE OF PROPERTY (“Agreement”) is made this ___ day of
______________, 2019, by and between the City of Boynton Beach (“City”) and SunTrust Bank, its
officers, employees, successors and assigns (“Owner”).
WITNESSETH:
WHEREAS, Owner warrants that it owns that certain property located at 315 S. Federal Hwy,
Boynton Beach, FL 33435 (Parcel Number: 08-43-45-28-07-001-0010), (the “Property”); and
WHEREAS, the City desires to use the parking lots located on the Property for parking for an
event taking place on December 7, 2019 (the “Event”);
WHEREAS, Owner desires to permit the City to use the Property for the Event;
NOW, THEREFORE, for the mutual covenant and matters set forth herein, as of the date set
forth above, the parties hereby agree as follows:
1. Foregoing Whereas clauses are incorporated as if fully set forth herein.
2. Owner agrees to allow the City to enter onto the Property for any and all uses related to
the Event on the dates and times specified in the attached Exhibit A.
3. Owner agrees that the City shall be allowed to use the Property pursuant to this
Agreement free of charge.
4. The City represents and acknowledges that:
a. Its activities and all participants are properly covered by appropriate insurance;
b. The City shall be responsible for any injuries to its employees, agents, contractors,
guests, invitees, and third parties occurring on the Property for the Event and any other
dates/times as set forth in Exhibit A;
c. The City shall be responsible for any damage to the Property caused by the City’s
use of the Property for the Event.
d. The City shall also be responsible for its own negligence.
e. To the extent permitted by law, and subject to the limitations of section 768.28.
Florida Statutes, the City shall defend and indemnify and hold harmless the Owner from
all claims, suits, causes of action or any claim whatsoever made by any party arising
from the City’s own negligence or City’s own activities on the Property specific in Exhibit
A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City.
Page 126 of 1829
5. Owner hereby acknowledges and agrees that Owner shall receive no compensation
from the City in return for permitting the City to use the Property as provided for in this
Agreement.
6. No prior or present agreements or representations shall be binding upon any of the
parties hereto unless incorporated into this Agreement. No modification or change to
this Agreement shall be valid or binding upon the Parties unless in writing, executed by
the parties to be bound thereby.
7. This Agreement shall expire on midnight on December 7, 2019.
8. This Agreement is governed by the laws of the State of Florida and venue is in Palm
Beach County.
9. By execution of this Agreement, in accordance with the requirements of F.S. 287-135
and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of
Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies
that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List,
and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or has Contractor been engaged in business operations in Syria. Subject to
limited exceptions provided in state law, the City will not contract for the provision of
goods or services with any scrutinized company referred to above. Submitting a false
certification shall be deemed a material breach of contract. The City shall provide
notice, in writing, to Contractor of the City's determination concerning the false
certification. Contractor shall have five (5) days from receipt of notice to refute the false
certification allegation. If such false certification is discovered during the active contract
term, Contractor shall have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination of false certification was made in error.
If Contractor does not demonstrate that the City's determination of false certification
was made in error then the City shall have the right to terminate the contract and seek
civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to
time.
IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH has caused these presents to be executed
in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have
hereunto set its hand and seal the day and year first above written.
Page 127 of 1829
ATTEST: CITY OF BOYNTON BEACH
By: _____________________________
Print Name: ______________________
Title: ____________________________
(SEAL)
ATTEST: SUNTRUST BANK
By: _____________________________
Print Name: ______________________
Title:___________________
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that in this day before me, an officer duly qualified to take
acknowledgements, personally, appeared ______________________________, as ___________
of the City of Boynton Beach who is personally known to be the person described in, or who
produced __________________________ as identification, and who executed the foregoing and
acknowledged before me that he executed the same.
WITNESS my hand and seal in the Count and State aforesaid on this ______ day of
______________, 2019.
______________________________________
NOTARY PUBLIC
My Commission Expires:
ATTEST: ________________________________
By: _____________________________
Print Name: ______________________
Title: ____________________________
Page 128 of 1829
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgements, personally, appeared _______________________________, as __________
of ______________________ who is personally known to be the person described in, or who
produced __________________________ as identification, and who executed the foregoing and
acknowledged before me that he executed the same.
WITNESS my hand and seal in the Count and State aforesaid on this ______ day of
______________, 2019.
______________________________________
NOTARY PUBLIC
My Commission Expires:
Page 129 of 1829
Exhibit “A”
1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses
related to the Event at any time on December 7, 2019.
2. In addition to the date listed above, the City may access the Property to perform site preparation
(such as light tower placement) before the Event. This access may occur anytime between
December 5 and December 7, 2019, and may occur over multiple days.
a. The City will provide 24 hours’ notice to Owner prior to entering the Property, and will
only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m.
3. The City may install removable event parking and parking signs on the Property for the Event.
Page 130 of 1829
6.C.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O PO SE D R E S O L U T IO N N O. R 19-146 - Authorize the
City Manager to enter into an agreement for annual subsc ription to Cengage Learning - Career Online
School for one year in the amount of $5,090.
E X P L AN ATIO N O F R EQ U E S T: Boynton Beac h City Library is offering qualified community members the
opportunity to earn an ac credited high school diploma and credentialed career certific ate through Career
Online High S chool.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? Applicants who suc cessfully complete
an online self-assessment, a prerequisite course, and an in-person interview will be c onsidered for enrollment.
Once enrolled, C areer Online High School pairs eac h student with an Academic Coac h. C lasses are
supported by board-c ertified instruc tors and students have 24/7 ac cess to the online learning platform.
Coursework begins in one of eight career fields, before progressing to the c ore academic subjec ts.
F IS C AL IMPAC T: Non-budgeted This program will be paid with State Aid Funds.
ALT E R N ATIV E S: D o not purc hase.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant? No
G rant Amount:
Page 131 of 1829
AT TAC H ME N TS :
Type Desc ription
Resolution Resolution No. R19-146
Sole Source Letter Sole Source Letter
Attachment C OHS Agreement
Page 132 of 1829
S:\CA\RESO\Agreements\Cengage Online School Agreement - Reso.docx
RESOLUTION NO. R19-146 1
2
A RESOLUTION OF THE BOYNTON BEACH, 3
FLORIDA, APPROVING AND AUTHORIZING THE 4
CITY MANAGER TO ENTER INTO AN 5
AMENDMENT TO SUBSCRIPTION AND HOSTING 6
SERVICES AGREEMENT BETWEEN CENGAGE 7
LEARNING, INC., AND THE CITY OF BOYNTON 8
BEACH FOR AN ANNUAL SUBSCRIPTION FOR THE 9
LIBRARY FOR CAREER ONLINE SCHOOL FOR A 10
ONE YEAR PERIOD IN THE AMOUNT OF $5,090.00; 11
AND PROVIDING AN EFFECTIVE DATE. 12
13
WHEREAS, the Boynton Beach Library is offering the opportunity to earn an 14
accredited high school diploma and credentialed career certificate through Career Online 15
High School; and 16
WHEREAS, upon recommendation of staff, the City Commission of the City of 17
Boynton Beach does hereby approve the annual subscription with Cengage Learning Center 18
Online School for a period of one year in the amount of $5,090 and authorize the City 19
Manager to sign the Amendment to Subscription and Hosting Services Agreement between 20
Cengage Learning, Inc., and the City of Boynton Beach. 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 hereby ratified and confirmed 24
as being true and correct and are hereby made a specific part of this Resolution upon 25
adoption hereof. 26
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 27
approves the annual subscription with Cengage Learning Center Online School for a period 28
of one year in the amount of $5,090 and authorizes the City Manager to sign the 29
Amendment to Subscription and Hosting Services Agreement between Cengage Learning, 30
Page 133 of 1829
S:\CA\RESO\Agreements\Cengage Online School Agreement - Reso.docx
Inc., and the City of Boynton Beach, a copy of which is attached hereto as Exhibit “A”. 1
Section 3. That this Resolution shall become effective immediately. 2
PASSED AND ADOPTED this _____ day of December, 2019. 3
4
CITY OF BOYNTON BEACH, FLORIDA 5
YES NO 6
7
Mayor – Steven B. Grant _____ _____ 8
9
Vice Mayor – Justin Katz _____ _____ 10
11
Commissioner – Mack McCray _____ _____ 12
13
Commissioner – Christina L. Romelus _____ _____ 14
15
Commissioner – Ty Penserga _____ _____ 16
17
18
VOTE ______ 19
ATTEST: 20
21
22
_____________________________ 23
Crystal Gibson, MMC 24
City Clerk 25
26
27
28
(Corporate Seal) 29
30
Page 134 of 1829
20 Channel Center Street Boston, MA 02210 www.cengage.com This letter confirms that Cengage Learning, Inc., (FEIN 59-2124491, DUNS 86-1016442), is the Sole Source Supplier and/or Publisher of the products (each product as an aggregated whole, inclusive of platform and not individual elements or portions thereof, a “Product”) noted below and as represented on the Cengage website at www.cengage.com and in all published catalogs. All Products must be purchased directly by institutions from Cengage Learning, Inc. and/or through its authorized agents and are not available through any other content providers. TITLE Market Type ISBN Career Online High School Public 16178335,1627714 Career Online High School is the first and only private, accredited , online AdvancED/SACS/NCA/NWAC accredited school district in the United States. It is an 18-credit vocation-based high school completion program and the only that allows public libraries to offer accredited high school diplomas and entry-level career certificates to adult learners. It is also the only solution with a unique prerequisite portal and vetting tool used to identify candidates who can be the most successful as well as support from a program implementation team that assists with sharing best practices and a dashboard to track progress. Available by scholarship, students who qualify are paired with an Academic Coach, who offers ongoing guidance and encouragement, evaluates performance, and connects the learner with the resources needed to demonstrate mastery of the course material. Classes are supported by board-certified instructors and students have 24/7 access to the online learning platform. Coursework begins in one of 10 high-growth, high-demand career fields before progressing to the core academic subjects. Students are given up to 18 months to complete the program.
Page 135 of 1829
Amendment to Subscription and Hosting Agreement 1 {00338746.1 306-9001821}
AMENDMENT TO SUBSCRIPTION AND HOSTING SERVICES AGREEMENT
BETWEEN CENGAGE LEARNING INC. AND THE CITY OF BOYNTON BEACH
This Amendment to the Subscription and Hosting Agreement (“Amendment”) is made as of the date of signature by
Cengage on this Amendment (the “Effective Date”), by and between Cengage Learning, Inc., a Delaware corporation,
with offices at 5191 Natorp Boulevard, Mason, Ohio 45040 (“Cengage”), and The City of Boynton Beach (“Licensee”).
WHEREAS, Cengage and Licensee are parties to that certain Subscription and Hosting Services Agreement, dated as
of 10/17/2017, as amended from time to time (“Agreement”);
WHEREAS, the parties wish to amend certain terms of the Agreement in accordance with this Amendment;
NOW THEREFORE, for consideration of the agreements and obligations set forth in the Agreement and this
Amendment, and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Modifications to the Agreement. The Agreement is hereby modified to add the product identified in Exhibit A
attached herein.
2. Effective Date. The modifications set forth in Exhibit A shall be effective on the date of signature by the Cengage
on this Amendment.
3. Legal Effect. Except as set for the herein, all of the terms and conditions of the Agreement shall remain in full
force and effect. In the event of conflicting or additive terms between the terms of the Agreement and this
Amendment, the terms of this Amendment shall apply in lieu of those in the Agreement. Any capitalized term
used in this Amendment shall have the meaning given thereto in the Agreement.
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the date below written.
CITY OF BOYNTON BEACH CENGAGE LEARNING INC.
By: By:
Name: Name:
Title: Title:
Date: Date:
Page 136 of 1829
Amendment to Subscription and Hosting Agreement 2 {00338746.1 306-9001821}
EXHIBIT A
LICENSED CONTENT, FEES, SUBSCRIPTION ACCESS PERIOD, ADDITIONAL TERMS
The following Licensed Content, Fees, Subscription Access Period, and Additional Terms are hereby incorporated
under and shall supersede any conflicting and supplement all other terms and conditions specified in the Subscription
and Hosting Services Agreement dated 10/17/2017 between Cengage Learning, Inc., and (“Licensee”).
A. Fees. In consideration for the products provided, the Licensee shall pay Cengage according to the following
schedule:
Pre-Requisite Program
Unlimited us of Student Recruitment Site - $2,500
(November 15, 2019 to November 14, 2020)
Scholarship Pricing – 2 Scholarships purchased - $2,590 total
Total - $5,090
B. Payment. All fees shall include applicable sales, use, excise, or similar taxes. The fee is due within thirty (30)
days after invoice date.
C. Term. This Amendment shall commence for the Initial Term (the “Initial Term”) and shall extend through
the term stated above and remain in effect unless earlier terminated or extended as provided for herein. This
Amendment may be renewed at the end of the Initial Term unless the Licensee provides Cengage with notice of
termination at least thirty (30) days prior to the end of the term. Any notice of termination will be effective upon
Cengage’s receipt thereof.
Bill to Address:
Boynton Beach Public Library
208 S Seacrest Blvd
Boynton Beach, FL 33435
D. Additional Terms.
PUBLIC RECORDS. Sealed documents received by the Licensee in response to an invitation are exempt from public
records disclosure until thirty (30) days after the opening of the Bid unless the Licensee announces intent to award
sooner, in accordance with Florida Statutes 119.07.
The Licensee is public agency subject to Chapter 119, Florida Statutes. Cengage shall comply with Florida’s Public
Records Law. Specifically, Cengage shall:
Keep and maintain public records required by the LICENSEE to perform the service;
Upon request from the LICENSEE’s custodian of public records, provide the LICENSEE with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in chapter 119, Fla. Stat. or as otherwise provided by law;
Ensure that public records that are exempt or that are confidential and exempt from public record disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and, following
completion of the contract, Cengage shall destroy all copies of such confidential and exempt records remaining in its
possession once Cengage transfers the records in its possession to the LICENSEE; and
Upon completion of the contract, Cengage shall transfer to the LICENSEE, at no cost to the LICENSEE, all public
records in Cengage’s possession All records stored electronically by Cengage must be provided to the LICENSEE, upon
request from the LICENSEE’s custodian of public records, in a format that is compatible with the information
Page 137 of 1829
Amendment to Subscription and Hosting Agreement 3 {00338746.1 306-9001821}
technology systems of the LICENSEE.
IF CENGAGE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO CENGAGE’S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061
GIBSONC@BBFL.US
SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, Cengage certifies that Cengage is not participating in a boycott of Israel. Cengage
further certifies that Cengage is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized
Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or has Cengage been engaged in business operations in Syria. Subject to limited exceptions
provided in state law, the Licensee will not contract for the provision of goods or services with any scrutinized
company referred to above. Submitting a false certification shall be deemed a material breach of contract. The
Licensee shall provide notice, in writing, to Cengage of the Licensee's determination concerning the false
certification. Cengage shall have five (5) days from receipt of notice to refute the false certification allegation. If such
false certification is discovered during the active contract term, Cengage shall have ninety (90) days following receipt
of the notice to respond in writing and demonstrate that the determination of false certification was made in error.
If Cengage does not demonstrate that the Licensee's determination of false certification was made in error then the
Licensee shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida
Statutes, as amended from time to time.
“This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in
counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature
shall constitute an original signature for all purposes.”
TERMINATION
Upon thirty (30) calendar days' written notice to Cengage, Licensee may, without cause and without prejudice to
any other right or remedy, terminate this Agreement for Licensee's convenience. Where the Agreement is
terminated for the convenience of Licensee, the notice of termination to Cengage must state that the Agreement is
being terminated for the convenience of the Licensee under this termination clause, the effective date of the
termination, and the extent of termination. Cengage shall be paid for the services up to and including the effective
date of the termination. This shall mean payment for all completed tasks and payment for uncompleted tasks based
upon a percentage of completion of such uncompleted tasks. Cengage shall not be paid on account of loss of
anticipated profits or out of or resulting from such termination.
DISCIPLINARY ACTION
Cengage agrees to immediately notify the Licensee of any disciplinary action imposed against the Cengage or any of
its employees by any regulatory agency with the charge of regulating the Cengage.
LIMITATION OF LIABILITY
Notwithstanding any provision of the Agreement to which it is applicable, Licensee shall not be liable or responsible
to Cengage beyond the total amount of License fees due Cengage as set forth in this Agreement., regardless of
whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall Licensee be liable to
Cengage for punitive or exemplary damages or for lost profits or consequential damages.
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Amendment to Subscription and Hosting Agreement 4 {00338746.1 306-9001821}
Page 139 of 1829
6.D.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O PO SE D R E S O L U T IO N N O. R 19-147 - Approve and
authorize the City Manager to sign a one-year contract with automatic one-year renewals with Northwest
Regional Data Center for the purc hase of equipment and colocation services in the amount of $16,729.75.
This contract is exempt from competitive purc hasing requirements pursuant to Florida Statute 284.057(3)(e)
(12).
E X P L AN ATIO N O F R EQ U E S T:
The I .T.S Department is requesting approval to reloc ate the City ’s disaster rec overy datacenter that is
currently hosted at 365 D atacenters in Boca Raton, FL to the Northwest Regional Data Center (NW RD C) in
Tallahassee, FL. This move is needed to establish geographic separation between the C ity’s primary
datac enter and the disaster rec overy data center.
The NW RD C is an auxiliary department of Florida State University governed per S ec tion 1004.649 Florida
Statues. The NW RD C was established in 1972 to provide c entralized computing support to public entities in a
utility mode operation. NW RD C is self-funded through c ustomer c harges based on each C ustomer ’s actual
use of NW RD C resourc es. Routine charges are calc ulated and invoiced to the appropriate acc ount on the
basis of full rec overy of operating expenses for each fiscal year. NW RD C is governed by a Policy Board
comprised of representatives of the customer c ommunity.
The NW RD C will c harge $1,066.88 a month for colocation servic es until J uly 2020. The NW RD C Policy
Board determines the rate each y ear and the new rate becomes effective on J uly 1 of each y ear. The
NW RD C will charge a non-recurring charge of $3,927.19 pursuant to NW RD C estimate # 2502.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
Moving the City ’s disaster recovery datacenter to another geographic region will reduc e the possibility of an
event suc h as hurricane, flooding, etc. affec ting both the primary datacenter and the disaster recovery
datac enter at the same time. During past financ ial audits, the auditor made verbal comments to the I TS staff
rec ommending geographic separation of the two datac enters.
The I .T.S. Department will oc cupy half of the network rac k at the NW RD C . The I .T.S. Department is
planning the move of the disaster rec overy datacenter with Police D epartment Technical Services staff
members to ensure that the police department can utilize the other half of the network rac k and still maintain
Florida Department of Law Enforcement (F D LE ) C riminal J ustice I nformation Sy stems (C J I S) security
requirements.
F IS C AL IMPAC T: Budgeted
Funding has been approved in ac count 001-1510-513.49-17 in the 2019/2020 budget.
ALT E R N ATIV E S: The City c ould issue its own bid request. Staff does not believe that a C ity bid process
would result in a substantially less c ost.
Page 140 of 1829
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Resolution Resolution No. R19-147
Contract NW RD C Contrac t with Estimates
Page 141 of 1829
S:\CA\RESO\Agreements\Contract with Northwest Regional Data Center - Reso.docx
RESOLUTION NO. R19-147 1
2
3
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4
FLORIDA, APPROVING AND AUTHORIZING THE CITY 5
MANAGER TO SIGN A ONE-YEAR CONTRACT WITH 6
AUTOMATIC RENEWALS WITH NORTHWEST REGIONAL 7
DATA CENTER FOR THE PURCHASE OF EQUIPMENT AND 8
COLOCATION SERVICES IN THE AMOUNT OF $16,729.75; AND 9
PROVIDING AN EFFECTIVE DATE. 10
11
12
WHEREAS, the ITS Department is requesting approval to relocate the City’s disaster 13
recovery datacenter that is currently hosted at 365 Datacenters in Boca Raton, Florida to the 14
Northwest Regional Data Center in Tallahassee, Florida; and 15
WHEREAS, this move is needed to establish geographic separation between the 16
City’s primary datacenter and the disaster recovery data center; and 17
WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the 18
recommendation of staff, deems it to be in the best interests of the City residents to approve 19
and authorize the City Manager to sign a one-year contract with automatic one-year renewals 20
with Northwest Regional Data Center for the purchase of equipment and colocation services 21
in the amount of $16,729.75. 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 hereby ratified and confirmed as 25
being true and correct and are hereby made a specific part of this Resolution upon adoption 26
hereof. 27
Section 2. The City Commission hereby approves and authorizes the City 28
Manager to sign a one-year contract with automatic one-year renewals with Northwest 29
Regional Data Center for the purchase of equipment and colocation services in the amount of 30
$16,729.75, a copy of the Contract is attached hereto as Exhibit “A.” 31
Page 142 of 1829
S:\CA\RESO\Agreements\Contract with Northwest Regional Data Center - Reso.docx
Section 3. This Resolution shall become effective immediately upon passage. 32
PASSED AND ADOPTED this _____ day of December, 2019. 33
CITY OF BOYNTON BEACH, FLORIDA 34
35
YES NO 36
Mayor – Steven B. Grant _____ _____ 37
38
Vice Mayor – Justin Katz _____ _____ 39
40
Commissioner – Mack McCray _____ _____ 41
42
Commissioner – Christina L. Romelus _____ _____ 43
44
Commissioner – Ty Penserga _____ _____ 45
46
ATTEST: VOTE ______ 47
48
_____________________________ 49
Crystal Gibson, MMC 50
City Clerk 51
(Corporate Seal) 52
Page 143 of 1829
Contract
By and Between
Northwest Regional Data Center
and
City of Boynton Beach
Contract # NWRM0263
PROJECT: Colocation
PM: Matt Stolk
Contract # NWRM0263
V.1.0 CREATED 10.30.2019
Agreement Template 11152018
Page 144 of 1829
PROJECT: City of Boynton Beach Colocation
V.1.0 CREATED 10.30.2019 Agreement Template 11152018 CONTRACT # NWRM0263 1
INTRODUCTION
1.1 Preamble
Northwest Regional Data Center, an auxiliary department of Florida State University governed per
Section 1004.649 Florida Statutes, (hereinafter referred to as NWRDC) was established in 1972 to
provide centralized computing support to public entities in a utility mode operation. NWRDC is self -
funded through customer charges based on each Customer’s actual use of NWRDC resources.
Routine charges are calculated and invoiced to the appropriate account on the basis of full recovery
of operating expenses for each fiscal year. NWRDC is governed by a Policy Board comprised of
representatives of the customer community. In accordance with Section 1001.72, Florida Statutes,
the Florida State University Board of Trustees, a public body corporate of the State of Florida, is the
contracting authority that acts for and on behalf of the Florida State University and its auxiliary
department NWRDC for this Agreement.
City of Boynton Beach (hereinafter referred to as Customer) is a city municipality with offices at 3301
Quantum Blvd., Suite 101 Boynton Beach, FL 33426
NWRDC will provide Colocation services further specified in the Statement of Work (SOW). The SOW
(Attachment A) and Billing (Attachment B) are all incorporated herein by reference.
The purpose of this contract (also referred to as Agreement) is to describe and define the
responsibilities of NWRDC and Customer. This Agreement acts as a Service Level Agreement (SLA)
and specifies service levels acceptable to NWRDC and Customer. No services beyond those
specifically listed in this Agreement should be inferred (including disaster recovery, business
continuity, etc.)
NWRDC has a robust catalog of services avail able to Customer that may be added during the
contract term via Change Order. NWRDC’s Service Catalog can be viewed on our website at
www.nwrdc.fsu.edu/servicecatalog.
1.2 Data Ownership
NWRDC is the caretaker and protector of Customer’s data and in no instance does NWRDC assume
ownership responsibilities over any of Customer’s data. Customer is responsible for their own
application software and the continuing support of that software, data and their customers.
1.3 Term and Termination
The services outlined in this Agreement will be provided to Customer for one (1) year with automatic
one-year renewals, unless either party notifies the other in writing that they wish to discontinue the
Agreement a minimum of 180 days before the termination date.
If NWRDC, as part of its necessary performance and service to Customer, has been required to
purchase equipment, licenses and/or certificates as documented in either the Statement of Work
(Attachment A) or an approved Change Order, Customer agrees to continue to be financially liable
and responsible for the outstanding amount due for the equipment, the duration of the licenses and/or
certificates, even though Customer has terminated the services of NWRDC.
Unless otherwise noted within this Agreement, all equipment, software, or other resour ces purchased
by NWRDC in execution of this Agreement will remain the property of NWRDC upon the termination
of the Agreement. Likewise, unless otherwise noted in this Agreement, all equipment, software, or
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V.1.0 CREATED 10.30.2019 Agreement Template 11152018 CONTRACT # NWRM0263 2
other resources purchased by Customer in execution of this Agreement will remain the property of the
Customer upon the termination of the Agreement.
1.4 Billing Methodology
Customer understands and agrees that the NWRDC Policy Board annually approves all rates to
ensure NWRDC's cost recovery. All costs for the included SOW (Attachment A) are subject to the
approved prevailing rate at the time the agreement becomes effective. During the term of the
Agreement, Customer will be notified in writing of any approved rate changes affecting its services.
Unless otherwise specified, by the NWRDC Policy Board, all rate changes shall become effective on
July 1st of the year when they were approved. Customer’s receipt of services after the effective date
of any approved rate changes shall be deemed to be acceptance by the Customer of those rate
changes without any further action by NWRDC or Customer.
NWRDC will send monthly invoices to Customer for the services detailed in Attachment B - Billing.
Non-recurring charges will be billed on the first invoice after which they occur. Customer will be
liable for any applicable taxes or tariffs associated with this Agreement, and hereby agrees to
provide a certificate of tax exemption upon request. NWRDC and Florida State University, as a
public entity of the State of Florida, is entitled to the benefits of sovereign immunity, including
immunities from taxation.
In accordance with Section 215.422, Florida Statutes, and per Northwest Regional Data Center
Collection Policy, as issued by the Northwest Regional Data Center Policy Board, all invoices are
considered past due on the 40th day following the invoice date. All past due invoices shall bear
interest at the rate provided pursuant to Section 55.03, Florida Statutes. Invoices that have to be
returned to NWRDC because of NWRDC’s preparation errors or disputes will result in a delay in the
payment. The invoice payment requirements shall not start until a properly completed invoice is
provided to Customer. Undisputed amounts are subject to NWRDC Collections Policy as previously
stated in Section 1.4.
2. SERVICE LEVEL UNDERSTANDING
2.1 Availability
NWRDC services will be available to Customer an average uptime of 99.9% 24x7, 365 days a year,
excluding scheduled maintenance. NWRDC has a standing maintenance window from 2:00AM. –
6:00AM every Monday morning. No scheduled maintenance will be performed during this window
without prior customer notification. Scheduled maintenance will be posted on the NWRDC website
(http://www.nwrdc.fsu.edu) as well as communicated to customers two weeks in advance. Emergency
changes will be noticed as soon as possible.
NWRDC will not be responsible for any external service outages outside its control. In a situation
where a Customer event restricts service delivery to other NWRDC customers, NWRDC reserves the
right to isolate the Customer’s service in any way NWRDC deems necessary to lessen the impact on
others.
2.2 Hours of Operation & Support
Hours of operation and support availability vary depending on the service. General support hours of
operation are from 7:00 A.M. to 11:59 P.M. EST/EDT, Monday through Friday, excluding holidays.
Emergency services are available by calling the main Computer Operations Office number, 850-645-
3500, which is available on a 24 x 7 basis. Customer staff will be allowed physical access with
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NWRDC staff companion escort to their equipment located at NWRDC with 24 hour advance notice
and in accordance with NWRDC’s prevailing security protocols.
Service Requests are assigned priority using the following criteria:
Group
Response Times – By Severity
1 – Critical 2 – High 3 – Medium 4 - Low
The majority of Customers
are experiencing a work
stoppage of a mission
critical function, application,
platform, connection or
environment that is
interrupting the Customers’
business.
A Customer is
experiencing a partial
failure of a supported
function, application,
platform, connection or
environment that is
disrupting the
Customer’s business.
A Customer is experiencing
a reduced level of
efficiency and performance
of a supported function,
application, platform,
connection or environment
that is impacting the
Customer’s business
productivity.
A Customer has a
functional (how-to)
question they cannot
answer through the PDC
Services Desk or wants to
submit a request for
installation or change of
service in their technical or
physical environment.
Platform Support
Group 30 Minutes 1 Hour 8 Business Hours 3 Business Days
Automatic
Escalation to
Platform
Management
30 Minutes 1 Hour 2 Business Hours 4 Business Hours
Automatic
Escalation to
Second Level
Management
30 Minutes 1 Hour 2 Business Hours N/A
Automatic
Escalation to Upper
Level Management
and notification sent
to the PDC
Executive
Management
30 Minutes 1 Hour 4 Business Hours N/A
Total Escalation
Time
2 Hours 4 Hours 2 Business Days 3.5 Business Days
Issues of a critical or high severity as defined above should be reported by calling the main Computer
Operations Office number, 850-645-3500.
All other issues should be submitted via email to support@nwrdc.fsu.edu, by submitting a request via
the NWRDC web page at http://www.nwrdc.fsu.edu/, or by calling the main Computer Operations
Office number, 850-645-3500.
2.3 Change Control
All changes to NWRDC facilities and shared services are governed by NWRDC's Change Control
Policy (see http://www.nwrdc.fsu.edu/policies)
2.4 Security
NWRDC will provide physical security for systems housed in its facility. NWRDC will not be held
responsible for any unauthorized access to Customer data incurred from the result of Customer
security management.
Customer agrees to disclose (email to NWRDC Project Manager is acceptable) the existence of all
sensitive data and data that may fall under any state or federal guidelines (such as, but not limited to
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FERPA, HIPAA, PCI, etc.), which would require NWRDC to provide additional security measures. If
the Customer does not disclose the existence of such data to NWRDC prior to execution of this
Agreement, NWRDC will execute a Change Order with the Customer, as per section 3.1 of this
Agreement, detailing the additional requirements and the costs thereof for the service to be provided
per this Agreement to come into compliance with the governing regulatory act(s).
2.5 Insurance Coverage
Customer is responsible for insurance coverage for all equipment and software owned by the
Customer. NWRDC provides insurance coverage only for those items owned by NWRDC.
3. CHANGES AND MODIFICATIONS
3.1 Modifications to Agreement
If Customer requires resources or services in excess of those provided by NWRDC as of the date of
this Agreement (the effective date), Customer will notify NWRDC of the specific equipment or
services required to support the project. These changes will be documented through Change Orders ,
to be mutually agreed and approved in writing by NWRDC and Customer.
NWRDC will provide any changes to the terms of service of this Agreement as documentation to the
NWRDC Policy Board or its Management Committee for review and approval, as needed per
NWRDC Policy. Any changes to the terms of service to this Agreement must be through Amendment
or Change Order that will include specific details, associated charges, and mutually agreed and
approved in writing by NWRDC, Policy Board and Customer. If approved the requested services will
be provided and adjustments will be made to the SOW (Attachment A) and Bi lling (Attachment B).
4. GOVERNANCE
4.1 Applicable Law and Severability
This agreement is construed according to the laws of the State of Florida with venue in Leon County.
If any provision of this Agreement is held invalid or unenforceable the remainder of this Agreement
remains effective to the maximum extent permitted by law, and the app lication of such provisions in
any other circumstances shall not be affected by such holding. In the event of a dispute or litigation
each party agrees to be liable and responsible for its own legal fees, expenses, and costs including
its attorney’s fee and expenses.
In the event of a dispute or disagreement between the parties to this Agreement, the parties agree to
use their best efforts to resolve any dispute prior to filing litigation, including participating in mediation
by a mediator mutually agreed upon by the parties. The parties agree to share equally in the costs of
the mediation and it will be administered in Tallahassee, Florida.
4.2 Confidentiality
Any information relating to the products, business, marketing plans and policies of Customer or its
affiliates, supplied to NWRDC by or at the direction of Customer, acquired by NWRDC in the course
of providing services to Customer or developed by NWRDC in carrying out NWRDC’s duties under
this Agreement, shall be deemed to be confidential and proprietary information of Customer and the
exclusive property of Customer. Such information shall not be disclosed to any third persons without
the prior written consent of Customer or as provided by Chapter 119 Florida Statutes (Public
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V.1.0 CREATED 10.30.2019 Agreement Template 11152018 CONTRACT # NWRM0263 5
Records). NWRDC agrees to take all reasonable necessary precautions to protect the confidentiality
of information.
All documents, papers, letters or other materials relating to the Agreeme nt that are made or received
by either party in conjunction with the Agreement, except those matters which, under the Agreement,
Florida law or a party's rules are confidential, are required to be available for public access as
specified by Chapter 119, Florida Statutes. Such records shall be maintained in accordance with
General Records Schedule GS1-SL for State and Local Government Agencies and may not be
destroyed before the guidelines contained within. Both parties may unilaterally cancel the Agreement
for the other's refusal to allow access to public records.
4.3 Liability
Customer and NWRDC are each liable and responsible for its actions and omissions, and the actions
and omissions of its employees, agents and representatives when acting in the scope of their
employment or agency.
4.4 Use of name, logo, trade names and marks
Neither Customer nor NWRDC will use the name, logo, trade names and/or marks of the other
without prior written consent. By signing this Agreement, Customer grants NWRDC permission to add
its name to its customer list on website and written documentation.
4.5 Nonassignability
Neither Customer nor NWRDC will assign or transfer this Agreement without the prior written consent
of the other party.
4.6 Independent Contractor
Customer and NWRDC represent that they are acting in their individual capacities and not as agents,
employees, partners, or associates of one another.
4.7 Unauthorized Aliens
The employment of unauthorized aliens by any contractor is considered a violation of the Immigration
and Nationality Act, 8 U.S.C Sec. 1324A. If either party knowingly employs unauthorized aliens, such
violation shall be cause for unilateral cancellation of the Agreement.
4.8 Waiver
Waiver of a breach of any provision hereof does not constitute a waiver of any subsequent breach of
such provision or of any other provision in the Agreement.
4.9 Equal Opportunity
This contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60 -1.4(a), (or
for construction contractors, 41 CFR § 60-4.3(a)), 60-300.5(a) and 60-741.5(a). These
regulations prohibit discrimination against qualified individuals based on their status as
protected veterans or individuals with disabilities, and prohibit discrimination against all
individuals based on their race, color, religion, sex, or national origin. Moreover, these
regulations require that covered prime contractors and subcontractors take affirmative action
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to employ and advance in employment individuals without regard to race, color, religion , sex,
national origin, protected veteran status or disability.
5. CONTACT INFORMATION
Northwest Regional Data Center
2048 East Paul Dirac Drive
Tallahassee, FL, 32310
850-645-3500
850-645-3555 (fax)
www.nwrdc.fsu.edu
Project Manager Contact:
Matt Stolk 850-645-3562 Matt_Stolk@nwrdc.fsu.edu
Invoice Contact:
Julia Cunningham, 850-644-1124, Julia_Cunningham@nwrdc.fsu.edu
Business Contact:
Don Wilde, 850-645-3554, Don_Wilde@nwrdc.fsu.edu
Technical Contact:
Matt Stolk, 850-645-3562, Matt_Stolk@nwrdc.fsu.edu
Customer
Mailing address (Invoice)
City of Boynton Beach
3301 Quantum Blvd., Suite 101
Boynton Beach, FL 33426
Invoice/Business Contact:
Aaron Burri, 561-742-6075, burria@bbfl.us
Technical/Security Contact:
Charles Stevens, 561-742-6079, stevensc@bbfl.us
The Customer has the right to contact NWRDC staff for adding personnel to NWRDC customer
distribution list in order to receive notifications/announcements from NWRDC, or discuss issues
concerning the Customer’s equipment.
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AGREEMENT
The date of final signature will be the execut ion date for the Agreement. Billing details in Attachment B
are subject to change if Customer’s signature is not retained within 30 days after NWRDC’s signature.
Northwest Regional Data Center Policy Board
Mehran Basiratmand, Chairman, Northwest Regional Data Center Policy Board
Signature Date
Northwest Regional Data Center (NWRDC)
Tim Brown, Executive Director, Northwest Regional Data Center
Signature Date
The Florida State University Board of Trustees, public body corporate of the State of Flo rida,
acting for and on behalf of the Florida State University and Northwest Regional Data Center.
Jane Livingston, Associate Vice President, Chief Information Officer, Florida State University
Signature Date
City of Boynton Beach
Title
Signature Date
Use of the services detailed in this agreement or payment according to the terms listed in Attachment B
constitutes acceptance of this SLA, regardless of signature or the lack thereof.
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ATTACHMENT A: STATEMENT OF WORK
Description of services to be provided:
NWRDC will:
• Sixteen (16) square feet of environmentally controlled raised floor space in the co mputer room
with up to two (2) single phase 30 amp electrical circuits, two (2) three phase 30 amp circuits or
one (1) three phase 60 amp circuit per standard 19" rack.
• Two (2) L21-30 electrical circuits
• Four (4) hours per month of Colocation Support and M onitoring that includes physical security,
receiving equipment, inventory control, afterhours access, system monitoring (visual), smart
hands, and phone support. NWRDC has 24x7 on-site coverage.
• One (1) APC AR3200 rack for use while at NWRDC.
• Two (2) APC AP8858NA3 in-rack PDUs.
• Services to be provided 365 days per year for each year of the contract in accordance with
Section 2.2.
• Other services described in NWRDC’s catalog, incorporated in Section 1.1, may be added during
the contract term via Change Order or Amendment.
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ATTACHMENT B: BILLING
NWRDC will send monthly invoices of $1,066.88 to Customer for the services detailed in Attachment A,
as detailed in estimate 2503. A one-time charge of $3,927.19 will be added to the first invoice for
equipment and services detailed in Attachment A, as detailed in estimate 2502. Invoices will itemize
charges as agreed to in Attachment B.
Page 153 of 1829
Northwest Regional Data Center (FSU)
Florida State University
2048 East Paul Dirac Drive
Tallahassee, FL 32310
850-645-3500
billing@nwrdc.fsu.edu
www.nwrdc.fsu.edu
Estimate
ADDRESS
Charles Stevens
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
ESTIMATE #2502
DATE 10/18/2019
EXPIRATION DATE 11/17/2019
ACTIVITY QTY RATE AMOUNT
2020 Hardware SH OT
Rack (Note: AR3200 2X20U Enclosure)
1 1,977.49 1,977.49
2020 Hardware SH OT
PDU (Note: AP8858NA3)
2 460.71 921.42
2020 One-time charge
Electrical parts and installation
1 1,028.28 1,028.28
This estimate is for one-time costs for rack, PDUs, and power
installation.
TOTAL $3,927.19
Accepted By Accepted Date
Page 154 of 1829
Northwest Regional Data Center (FSU)
Florida State University
2048 East Paul Dirac Drive
Tallahassee, FL 32310
850-645-3500
billing@nwrdc.fsu.edu
www.nwrdc.fsu.edu
Estimate
ADDRESS
Charles Stevens
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
ESTIMATE #2503
DATE 10/18/2019
EXPIRATION DATE 12/17/2019
ACTIVITY QTY RATE AMOUNT
2020 Raised Floor Space
Per square foot per month
16 41.68 666.88
2020 Collocation Support and Monitoring
Per hour per month
4 100.00 400.00
This is a monthly estimate. Annual charges will
be $12,802.56. Remaining charges for FY 19/20
are $8.535.04
This estimate is for the period of November 1, 2019 through June 30,
2020 and is based on FY 19/20 rates. These rates, approved by the
Policy Board, will be effective on July 1, 2019.
TOTAL $1,066.88
Accepted By Accepted Date
Page 155 of 1829
6.E.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O PO SE D R E S O L U T IO N N O. R 19-148 - Approve and
authorize the City Manager to enter into an agreement for of an annual subsc ription to Bibliothec a
CloudLibrary Database for one year in the amount of $2,000.
E X P L AN ATIO N O F R EQ U E S T: CloudLibrary offers thousands of ebook titles for library users to borrow
and makes the overall library self-service experienc e better! This sy stem will work with the library's new self-
chec k systems that are forthc oming offering users an intuitive and engaging digital experience that seamlessly
complements phy sical library c irculation activities.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? Library users c an easily borrow
physic al items using their mobile devic e, rec eive reminders, manage receipts and disc over new digital content
all within the CloudLibrary app! This will improve customer service.
F IS C AL IMPAC T: Budgeted
Budgeted Annual Subsc ription of $2,000.
ALT E R N ATIV E S: D o not purc hase.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant? No
G rant Amount:
Page 156 of 1829
AT TAC H ME N TS :
Type Desc ription
Resolution Resolution No. R19-148
Agreement Cloud Library Agreement
Quotes CloudLibrary Quote
Sole Source Letter Sole Source
Page 157 of 1829
S:\CA\RESO\Agreements\Bibliotheca CloudLibrary Database Agreement - Reso.docx
RESOLUTION NO. R19-148 1
2
A RESOLUTION OF THE BOYNTON BEACH, 3
FLORIDA, APPROVING AND AUTHORIZING THE 4
CITY MANAGER TO ENTER INTO AN 5
AGREEMENT FOR AN ANNUAL SUBSCRIPTION 6
FOR THE LIBRARY WITH BIBLIOTHECA 7
CLOUDLIBRARY DATABASE FOR A ONE YEAR 8
PERIOD IN THE AMOUNT OF $2,000.00; AND 9
PROVIDING AN EFFECTIVE DATE. 10
11
WHEREAS, CloudLibrary offers thousands of ebook titles for library users to 12
borrow and makes the overall library self-service experience better; and 13
WHEREAS, this system will work with the library’s new self-check systems that 14
are forthcoming, offering users an intuitive and engaging digital experience which 15
compliments physical library circulation activities; and 16
WHEREAS, upon recommendation of staff, the City Commission of the City of 17
Boynton Beach does hereby approve the annual subscription with Bibliotheca CloudLibrary 18
Database for one year in the amount of $2,000.00. 19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 22
as being true and correct and are hereby made a specific part of this Resolution upon 23
adoption hereof. 24
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 25
approves and authorizes the City Manager to enter into an Agreement for an annual 26
subscription with Bibliotheca CloudLibrary Database for the Library for a one year period 27
in the amount of $2,000.00, a copy of which is attached hereto as Exhibit “A”. 28
Section 3. That this Resolution shall become effective immediately. 29
30
Page 158 of 1829
S:\CA\RESO\Agreements\Bibliotheca CloudLibrary Database Agreement - Reso.docx
PASSED AND ADOPTED this _____ day of December, 2019. 1
2
CITY OF BOYNTON BEACH, FLORIDA 3
YES NO 4
5
Mayor – Steven B. Grant _____ _____ 6
7
Vice Mayor – Justin Katz _____ _____ 8
9
Commissioner – Mack McCray _____ _____ 10
11
Commissioner – Christina L. Romelus _____ _____ 12
13
Commissioner – Ty Penserga _____ _____ 14
15
16
VOTE ______ 17
ATTEST: 18
19
20
_____________________________ 21
Crystal Gibson, MMC 22
City Clerk 23
24
25
26
(Corporate Seal) 27
28
Page 159 of 1829
1
Bibliotheca V2 10102019
These Terms for eBook Services (“Terms”) apply to every order (“Order”) of Services (defined below) from Bibliotheca, through its Library Services
business (“Bibliotheca”). Bibliotheca’s acceptance of each Order is expressly conditioned on the Library’s (defined below) acceptance of all the Terms. If
any Bibliotheca proposal is construed as an offer, that offer is expressly limited by these Terms. Any notice of different or additional terms, including,
without limitation, any terms on a Library’s purchase order, or any Library’s notice of rejection of the Terms, is hereby rejected. If any Bibliotheca action
regarding a proposal from Library, including Bibliotheca’s shipment of products, is construed as an acceptance of Library’s offer, such acceptance is
expressly conditioned on Library’s acceptance of these Terms. Library’s submission of an Order constitutes Library’s express acceptance of the
Terms.
1. DEFINITIONS. The definitions below will have the same meaning throughout this Agreement.
1.1. “Digital Content” consists of digital files and titles to which Library has purchased access and are accessible through the System to Library
hereunder for lending to Patrons.
1.2. Library Systems Quotation means the Bibliotheca cloudLibraryTM sales quote from which an Order by Library is derived, which includes the
annual platform fee, hardware fees and minimum order requirements for Library.
1.3. “License” means the license granted from Bibliotheca to Library to use the Software in accordance with the terms of this Agreement.
1.4. “Patron(s)” will mean those persons that the Library authorizes to access, use, and connect to the System via the internet, and download products
from or otherwise use the Services (defined herein below) and/or access Digital Content from Library using the Services.
1.5. “Primary Support” means service provided by the Library to its Patrons for its day -to-day support, technical aid, help and other assistance for
Patron’s use of the System, Services or for any issues arising from the use of the System.
1.6. “Product” means all Software, hardware and related supplies as identified on the applicable purchase order.
1.7. “Secondary Support” means technical support services to be provided by Bibliotheca to the Library including reasonable efforts to assist the
Library in providing Primary Support, reasonable efforts to correct, fix, or circumvent errors, provide updates, enhancements and new versions
of the Services.
1.8. “Services” means digital technology services provided by Bibliotheca to Libraries used to distribute, lend, manage and/or protect the copyright
content of eBook, audio book and other digital media, or other services relative to the Library’s media collection or facilities.
1.9. “Fees” means the amounts payable by a Library to Bibliotheca for Services, Product and/or Digital Content access fees.
1.10. “Software” means any and all software, and related documentation, provided to or accessed by the Library in utilizing the Ser vices.
1.11. “System” means the vehicle used to access, distribute, lend and manage Digital Content.
2. ORDER TERM AND TERMINATION
2.1. These Terms will apply immediately upon acceptance by Bibliotheca of an Order submitted by Library and continue thereafter so long as Library
promptly pays invoices, as required hereunder, for Services and for Digital Content or Product (“Order Term”).
2.2. Upon termination of the Order Term, and except as otherwise provided herein, the License granted to Library as to Software under these Terms
will be terminated immediately. Library will make no further use of all or any part of the System, Software, Services or any confidential information
received from Bibliotheca, except that Bibliotheca will reasonably cooperate with Library to support its Patrons who are lending Digital Content
from Library.
2.3. In the event of termination, Bibliotheca will cooperate with Library to transfer any and all Digital Content to another service provider to permit
Library to continue to provide access for its Patrons to the Digital Content. Library will obtain permissions and consent from the owners of the
Digital Content authorizing Bibliotheca to transfer the Digital Content subject to the requirements of the licensors of such Digital Content.
3. INVOICING AND PAYMENT
3.1. During the first year of the Order Term, Bibliotheca will invoice Library for Fees following activation of the System. Thereafter, Bibliotheca will
invoice Library yearly. In the event Library fails to make prompt payment of the Fees, the Order Term will be deemed terminated and subject to
termination clauses above. Payment terms for Fees are net 30 days from date of invoice.
3.2. During the initial Order Term, Library will make a minimum Digital Content purchase (“Minimum Purchase”) as stated on the Order. Library
acknowledges that it is getting preferential pricing based on this Minimum Purchase. If Library fails to meet its Minimum Purchase obligations,
then Bibliotheca may, in addition to any available remedies, invoice Library for the remaining amount of the Minimum Purchase
3.3. The payment obligations stated in this section are exclusive of any federal, state, municipal or other governmental taxes, sales taxes, duties,
excise taxes or tariffs now or hereafter imposed on the production, storage, sale, transportation, import, export, licensing or use of the Services
or for operation or sales activity of the System. Such charges will be paid by the Library, or in lieu of payment of any tax, Library will provide an
exemption certificate acceptable to Bibliotheca and the applicable authority.
4. BIBLIOTHECA SERVICES
4.1. Bibliotheca will provide Services to the Library pursuant to these Terms. Nothing hereunder grants any right to the Library to the use of, or
access to, any Software or System source code. Further, these Terms do not include any right to reproduce the System, Software or Products,
to make or distribute copies or versions of any modules of the System, Software or Products to any third parties including its Patrons, or to make
and/or sell variations or derivative works of the System, Software or Products. For the avoidance of doubt, “Products” do not include Digital
Content and nothing herein shall prevent Library from distributing Digital Content to its Patrons as contemplated by the terms of this Agreement.
Sole ownership of copyrights and other intellectual and proprietary rights to the System, Software or Products will remain solely with Bibliotheca
or its publishers or suppliers.
4.2. Library acknowledges that some errors or defects may exist or arise in the System. Bibliotheca’s sole obligation with regard to such errors or
defects will be to use commercially reasonable efforts to correct such errors and defects and provide Secondary Support, prov ided at such times
and by such methods as are mutually agreed upon by the Parties.
4.3. Library understands that all Services and Digital Content provided hereunder are subject to individual publisher limitations and restrictions.
5. LICENSE TO SOFTWARE
Bibliotheca hereby grants to Library a limited, non-transferable, non-exclusive License to use the Software, solely for the purpose of utilizing the
Services. Notwithstanding the foregoing, the License granted in this paragraph 5 is limited as follows: Library may not, without Bibliotheca’s prior
written consent (i) sublicense, lease, lend or transfer the Software to any third party; (ii) use, or permit the use of, the Software for the benefit of, or by,
any third party, such as use of the Software as a service bureau; (iii) make copies of the Software except in the normal course of use or for archival
purposes; or (iv) disassemble, reverse engineer or create derivative works of the Software except as permitted by law. Librar y agrees to reproduce all
copyright and proprietary rights notices included in the Software on copies that it is authorized to make.
Bibliotheca Library Systems
Terms for eBook Services
Page 160 of 1829
2
Bibliotheca V2 10102019
6. BIBLIOTHECA’S OPTION TO MODIFY OR DISCONTINUE SERVICES.
Bibliotheca has the right, at any time, to make such modifications to the System as it sees fit to the operation, performance or functionality of the
System or as required by Bibliotheca’s publishers and suppliers. If such a modification of the System leads to discontinuation of the Services, or
support, maintenance or the provision of new versions, updates or corrections materially impairs the value or use of the System to the Library, Library
will receive a pro-rata refund of the Services portion of the Fees previously paid for which Services were not delivered.
7. RESPONSIBILITIES OF LIBRARY
7.1. Library will assign personnel with appropriate skills and expertise in computer, data processing and related services to enable operation of the
System and to provide Primary Support. Library will take reasonable steps to ensure that its employees, agents and others under its direction
abide by the Terms.
7.2. Library assumes responsibility for providing a suitable network and internet system for integration of System into Library’s website or other
systems at its own expense. Library agrees that it will be responsible for its own expenses and costs and that Bibliotheca will have no obligations
to reimburse Library for any expenses or costs incurred by Library in the preparation, systems integration, use of the S ystem, or for any
performance of Library’s duties necessary to make use of the System or Services.
7.3. With the exception of the System configured and hosted by Bibliotheca, Library is solely responsible for all aspects of catalog integration,
operation, training, support and/or maintenance necessary for the operation of the System. This may include obtaining, at its own expense, a
SIP, SIP2 or other similar protocol software license from a third party to support direct integration of the Service with the Library’s integrated
library system. Library agrees to perform Primary Support for Patrons using its System. Library will perform requested installation, upgrade, and
reasonable technical services for Primary Support of the System and Products pursuant to installation and support procedures and policies as
developed by Bibliotheca and as modified from time-to-time. Bibliotheca will provide Library with documentation regarding Primary Support and
Bibliotheca support personnel will be available for Secondary Support by e-mail and phone.
7.4. Library shall not make any representations or create any warranties, express or implied, concerning the Services, System or Software. Any
such representations or warranties shall not be binding upon Bibliotheca.
7.5. Library will use reasonable efforts to operate its own website in compliance with the Terms and will at its own expense comply with all applicable
laws, ordinances, rules and regulations that may be required in any jurisdiction or administrative agency in connection with the use and/or
operation of the Services, System and Software.
8. INTELLECTUAL PROPERTY
Bibliotheca or its licensors own and retain all intellectual property rights in the Services, System, Software and Product and all associated copyrights,
trademarks, brands, service marks, patents or other proprietary rights under law, including all intellectual property conceiv ed during and in the course
of performing the Services.
9. COPYRIGHT PROTECTION, PATRON AUTHENTICATION, DATA SECURITY AND DATA AGGREGATION
9.1. For so long as Library is using the Software and receiving the Services, Library will reasonably cooperate with Bibliotheca to achieve Bibliotheca’s
and its publishers’ and suppliers’ objectives of protecting certain intellectual property interests relating to Bibliotheca supplied Digital Content
and Products Library will keep appropriate documentation and System information and provide Bibliotheca access to the System to validate
total number of downloads of Digital Content. Library will provide Bibliotheca access to a test Patron account for purposes of validating the
system’s performance relating to the Services. Library will reasonably cooperate with Bibliotheca to correct or adjust the System as may be
required to compensate for any errors or omissions disclosed by such test. Any such test will be conducted by Bibliotheca at its own expense
and during regular business hours and in such a manner as not to interfere with Library’s normal activities.
9.2. Bibliotheca may use data stored in the System for other commercial purposes, including but not limited to: (a) ISBN; (b) name of Digital Content;
(c) Library with postal address; (d) quantity of Digital Content purchased by the Library; and (e) and other Digital Content circulation data
(“Aggregated Data”). Bibliotheca will not disclose personally identifiable Patron information to third parties.
10. INDEMNIFICATION
Subject to any limitations set forth in these Terms, Bibliotheca shall indemnify the Library from and against all damages, judgments, liabilities, costs
and expenses (including reasonable attorneys’ fees) actually incurred by the Library arising from any third -party claim of Bibliotheca’s infringement of
any third-party patent, trademark or copyright rights provided the Library immediately notifies Bibliotheca of any such third-party claim. In the event of
any claim of infringement Bibliotheca may, at its option and expense, procure for the Library the right to continue using the allegedly infringing product
or process, replace it with a non-infringing product or process, or modify it so it becomes non-infringing. If in Bibliotheca’s discretion, it is not feasible
to procure the right to continue use, replace or modify the product or process, Bibliotheca may refund all monies paid on a pro-rata basis. Bibliotheca
shall have the right to control the defense of the infringement claim. Bibliotheca will have no defense or indemnity obligation for any claim or suit based
on: (i) a product or process that has been modified other than by Bibliotheca; (ii) a product or process that has been modified by Bibliotheca in
accordance with Library -provided specifications or instructions, but only to the extent that the modification directed by the Library is the cause of the
infringement claim; (iii) use or combination of a product or process with third-party products; (iv) the use of the product or process, or any part thereof,
in a practice other than the use described in Bibliotheca’s current product literature for the product or process.
11. LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL BIBLIOTHECA BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM USE BY
LIBRARY OF THE SYSTEM, SOFTWARE, PRODUCTS OR SERVICES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, OR DISRUPTION OF SERVICE, IN ANY WAY RELATED
TO THE SERVICES, SYSTEM, PRODUCT OR WEBSITE PROVIDED HEREUNDER, REGARDLESS OF THE LEGAL THEORY ASSERTED.
12. DISPUTE RESOLUTION AND GOVERNING LAW
Any claim or dispute arising from, or relating to, these Terms will be: (a) governed by the laws of the State of Georgia, United States of America, without
regard to its conflicts of law provisions, with exclusive venue in Gwinnett County, Georgia; and (b) resolved only by the sequential methods outlined in
this Dispute Resolution Section, except that a Party may, at any time, seek equitable relief from the designated court(s) to prevent i mmediate or
irreparable harm to it. The 1980 United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms. First, the
representatives of the Parties having full settlement authority will meet at mutually agreed time(s) and location(s) to resol ve in good faith any claim or
dispute, after a Party's written negotiation request. If the matter is not resolved within sixty (60) days after that request, then, on a Party's written
request, they will enter into non-binding mediation to be conducted at mutually agreed time(s) and location(s), using a neutral mediator having
experience with the applicable industry. Finally, as a last resort, either Party may commence litigation, but only in a federal or state court of competent
jurisdiction in Gwinnett County, Georgia. Each Party consents to the Georgia courts' personal jurisdiction. Each Party will bear its own costs in dispute
resolution, except that the losing Party in that litigation will pay all the prevailing Party's reasonable attorneys' fees, court costs, and other expenses
related to that litigation. All negotiations pursuant to this section are confidential and will be treated as settlement negotiations.
Page 161 of 1829
3
Bibliotheca V2 10102019
13. UNAVOIDABLE DELAY
If a Party is unable to perform its obligations hereunder, either in whole or in part, as a result of civil or military authority, war, flood, fire, epidemic, or
other condition or cause beyond its reasonable control and not related to its fault or negligence (an “Unavoidable Delay”), t he affected Party will be
excused from that performance during the Unavoidable Delay to the extent that Party is prevented or delayed thereby, but the other Party will have
the termination rights stated in Section 2. Unavoidable Delay will not include: (a) labor dispute; or (b) non-performance by Publisher’s supplier, unless
the goods or services were unobtainable from another Bibliotheca-approved source in a reasonable time.
14. CONFIDENTIALITY
Any information supplied by Bibliotheca in response to Library’s request for quotation will not be used for any purpose other than to evaluate
Bibliotheca’s proposal and, except as required by law, may be not be otherwise disclosed or used .
15. CHANGES
Upon prior notice to Library, Bibliotheca reserves the right to amend, modify, or supplement these Terms as to future orders or shipments. No action
by Library may amend, modify, reject, supplement, or waive these Terms in any manner whatsoever (including course of dealing or of performance or
usage of trade) except as agreed upon in a writing signed by an authorized representative of Bibliotheca.
16. WAIVER
Any failure or delay by either party in exercising any right or remedy provided by or relating to the Order or these Terms in one or more instances does
not constitute a waiver and shall not prohibit a party from exercising such right or remedy at a later time or from exercisin g any other right or remedy
available.
17. SEVERABILITY
If any provision of the Order or these Terms shall, for any reason, be held invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction,
such provision shall be deemed severable and such invalidity, illegality, or unenforceability shall not affect any other prov ision of the Order or these
Terms which shall be enforced in accordance with the intent of this Agreement.
18. COMPLETE AGREEMENT
The Order and these Terms constitute the entire agreement between the parties and supersede and terminate any and all prior agreements and
understandings, whether written or oral, between the parties with respect to the subject matter of the Order. Each party agrees that it has not relied
on any representation, warranty, or provision not expressly stated herein and that no oral statement has been made to either party in any way tends
to waive any of the these terms. The UN Convention on the International Sale of Goods shall not apply.
19 ATTACHMENT A
City of Boyton Beach Public Library Public Records Language is added to part of this document
Library’s submission of an Order constitutes Library’s express acceptance of these Terms.
Page 162 of 1829
4
Bibliotheca V2 10102019
PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public
records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner,
in accordance with Florida Statutes 119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public
Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records
or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in chapter 119, Fla. Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure
requirements are not disclosed except as authorized by law for the duration of the cont ract term and, following
completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining
in its possession once the Contractor transfers the records in its possession to the CITY; and
D Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in
Contractor’s possession All records stored electronically by Contractor must be provided to the CITY, upon
request from the CITY’s custodian of public records, in a format that is compatible with the information technology
systems of the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH,
FLORIDA, 33426
561-742-6061
GIBSONC@BBFL.US
SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel.
Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the
Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited
exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized
company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City
shall provide notice, in writing, to Contractor of the City's determination concerning the false cer tification. Contractor
shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is
discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does
not demonstrate that the City's determination of false certification was made in error then the City shall have the right
to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from
time to time.
“This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in
counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature
shall constitute an original signature for all purposes.”
Page 163 of 1829
Additional Details
All prices including Service and Maintenance do not include any applicable sales tax. If tax exempt, A copy of Tax Exemption Certificate is required with purchase order for all tax-
exempt customers.
Terms are NET 30 Days from Date of Invoice. Invoice is generated at the time of Shipment.
Quotations are good for 60 days. All dates are based on ship dates. Order must ship within the 60-day window.
After 60 days, quotation expires. Contact Bibliotheca for a New Quotation.
A 20% restocking fee, in addition to in-bound and out-bound shipping, will be charged for all returns.
GST/HST N° 859257321RT0001
Item ID Item Type Quantity Sale Price Sub Total
DIG000003-000-US cloudLibrary Annual Subscription
Optional Pay Per Use Subscription included with annual platform fee.
Subsequent cloudLibrary Annual Platform Subscription Fees:
Year 2- $1,000
Year 3- $1,000
1 $1,000.000 $1,000.00
DIG000010-000-US cloudLibrary cloudLink Fee
Annual cloudLink Fee to share digital collections with other partnering
cloudLibrary customer(s) in local FL area.
1 $1,000.000 $1,000.00
SHP000001-000-US SHIPPING AND ADMINISTRATION
Shipping is estimated on one receiving location, unless otherwise
noted, and on current rates and proposal.
1 $0.000 $0.00
Total
(Less Sales Tax):
$2,000.00
Quote Date:10/11/2019
Quote Number:QUO-125787-W7Q0, Rev: 0
Location Information:
Boynton Beach City Library - Main - Boynton Beach City
Library
Craig Clark
208 S Seacrest Blvd
Boynton Beach FL 33435
United States of America
Sales Contact: Brett Ward
Sales Phone: 651-200-9917
Sales Email: b.ward@bibliotheca.com
Customer Bill To:
clarkc@bbfl.us
Tel: 561-742-6380
Quote Details
cloud- New Account
Prices are in US Dollars
Quote expires (60) days from Quote Date above.
If applicable, the hardware and software includes 12-month warranty, set-up and configuration
Page 1 of 2
Bibliotheca, LLC
3169 Holcomb Bridge Road, NW, Suite 200,
Norcross, GA 30071, USA
Phone No - 877-207-3127
Fax No - 1-877 689 2269
www.bibliotheca.com
Customer Official System Quote
Page 164 of 1829
Submit Purchase Order by fax to 877-689-2269 or by email to orders-us@bibliotheca.com.
Accepted By: ____________________________________________________________
Accepted Date: __________________________________________________________
Customer Purchase Order Number: _________________________________________
Page 2 of 2
Bibliotheca, LLC
3169 Holcomb Bridge Road, NW, Suite 200,
Norcross, GA 30071, USA
Phone No - 877-207-3127
Fax No - 1-877 689 2269
www.bibliotheca.com
Customer Official System Quote
Page 165 of 1829
www.bibliotheca.com
August 7, 2019
Craig Clark, Library Director
Boynton Beach City Library
City of Boynton Beach
115 N Federal Hwy.
Boynton Beach, Florida 33435
Dear Mr. Clark,
This sole source letter is to confirm that bibliotheca provides certain products that are unique
to the library market, and as such, can only be acquired through bibliotheca, namely its
selfCheck™ systems, RFID gates, flex AMH™ and RFID tags.
These products are designed and manufactured exclusively by bibliotheca.
bibliotheca is the developer and sole manufacturer of the bibliotheca selfcheck™ System
including related software. We have patents and patents pending protecting several
portions of the technology. Products included in this are quickConnect™ software, Fines
and Fees payment, reader advisory, program promotions (static or dynamic), and the
ability to download eBooks via the cloudLibrary™ at the selfCheck™ kiosks. The
aforementioned technology is an integral part of the selfCheck™ kiosks. The RFID gates and
RFID tags comprise a matched component system, which improves detection rates. RFID
tags are made with an adhesive that is manufactured to bibliotheca’s unique, library-
specific specifications, ensuring that they can withstand the rigors of the library
environment.
Sincerely,
Matthew Bellamy
President Americas
bibliotheca, LLC
M.Bellamy@bibliotheca.com
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6.F.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O PO SE D R E S O L U T IO N N O. R 19-149 - Approve and
authorize the City Manager to enter into an agreement for renewal of an annual subscription to Recorded
Books Transparent Language Database for one y ear in the amount of $2,400.
E X P L AN ATIO N O F R EQ U E S T: Transparent Language Online offers the most c omprehensive language-
learning solution for libraries. W ith this flexible program, y ou c an quic kly and easily learn new languages
using a wide variety of c ourses and activities.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? This subscription database improves
customer servic e by offering language-learning resourc es for personal use.
F IS C AL IMPAC T: Budgeted Budgeted annual subscription fee of $2,400.
ALT E R N ATIV E S: D o not renew.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant? No
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Resolution Resolution No. R19-149
Sole Source Letter Sole Source Letter
Other Order Form
Agreement Transparent Language Agreement
Page 167 of 1829
S:\CA\RESO\Agreements\Recorded Books License Agreement - Reso.docx
RESOLUTION NO. R19-149 1
2
A RESOLUTION OF THE BOYNTON BEACH, 3
FLORIDA, APPROVING AND AUTHORIZING THE 4
CITY MANAGER TO ENTER INTO A LICENSE 5
AGREEMENT FOR AN ANNUAL SUBSCRIPTION 6
FOR THE LIBRARY WITH RECORDED BOOKS, 7
INC., FOR A ONE YEAR PERIOD IN THE AMOUNT 8
OF $2,400.00; AND PROVIDING AN EFFECTIVE 9
DATE. 10
11
WHEREAS, Transparent Language Online offers the most comprehensive 12
language learning solution for libraries allowing patrons to quickly and easily learn new 13
languages using a wide variety of courses and activities; and 14
WHEREAS, upon recommendation of staff, the City Commission of the City of 15
Boynton Beach does hereby approve the annual subscription with Recorded Books 16
Transparent Language Database for one year in the amount of $2,400.00. 17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 20
as being true and correct and are hereby made a specific part of this Resolution upon 21
adoption hereof. 22
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 23
approves and authorizes the City Manager to enter into a License Agreement for an annual 24
subscription with Recorded Books Transparent Language Database for the Library for a one 25
year period in the amount of $2,400.00, a copy of which is attached hereto as Exhibit “A”. 26
Section 3. That this Resolution shall become effective immediately. 27
28
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S:\CA\RESO\Agreements\Recorded Books License Agreement - Reso.docx
PASSED AND ADOPTED this _____ day of December, 2019. 1
2
CITY OF BOYNTON BEACH, FLORIDA 3
YES NO 4
5
Mayor – Steven B. Grant _____ _____ 6
7
Vice Mayor – Justin Katz _____ _____ 8
9
Commissioner – Mack McCray _____ _____ 10
11
Commissioner – Christina L. Romelus _____ _____ 12
13
Commissioner – Ty Penserga _____ _____ 14
15
16
VOTE ______ 17
ATTEST: 18
19
20
_____________________________ 21
Crystal Gibson, MMC 22
City Clerk 23
24
25
26
(Corporate Seal) 27
28
Page 169 of 1829
270 Skipjack Road, Prince Frederick, MD 20678
800-638-1304 – www.recordedbooks.com
January 2, 2019
To Whom It May Concern,
Thank you for your interest in Recorded Books. We are happy to provide you with the following sole
source information on our products.
Recorded Books has been recording and publishing unabridged audiobooks since 1979. We currently hold
over 25,000 products, all of them copyrighted by Recorded Books, Inc. and registered with the United
States Copyright Office. Each unabridged audiobook (ReadAlong Homework pack, SmartReader,
SteadyReader, Spanish titles, eAudio, etc.) produced by Recorded Books is assigned a unique ISBN
number and come packaged in a durable, double vinyl album. Library edition audiobooks recorded and
manufactured by Recorded Books can only be purchased directly from our company, which makes us the
sole source for Recorded Books products.
We are also the sole source for libraries for the Modern Scholar lecture series, Evergreen Audiobooks.
Recorded Books is the only provider to libraries of the following online services: RBdigital (formerly
OneClickdigital), RBdigital Streaming Video (including Acorn TV, IndieFlix, Stingray Qello Concerts,
Pongalo, LearnitLive), RBdigital Magazines formerly Zinio for Libraries), RBdigital Comics, Hoonuit
(formerly Atomic Training,) Transparent Language Online, LawDepot for Libraries, Universal Class, The
Great Courses Library Collection and ArtistWorks
Please call us if you need additional information.
Sincerely,
James A. Schmidt
Senior Vice President of Sales and Marketing
Page 170 of 1829
RBdigital Online Subscription Form
Recorded Books, Inc. - 270 Skipjack Road - Prince Frederick, MD 20678 - recordedbooks.com - 877-828-2833 - rbdigital@recordedbooks.com
******This web form provides an easy portal to elecronically sign up for/renew an RBdigital service in just a few minutes. Please fill in the required fields and digitally sign the document on the bottom, using your mouse. Be sure to click on submit at the bottom of the page to complete the form. Thank You.******
Library Information
Library/School Name *Boynton Beach City Library State/Province *Florida
Category/Tier *2
Budget Year *October 1 -September 30 ILS - Cataloging System *Koha
Contact Information
Note: Due to data privacy requirements, please enter in work email addresses into the email field(s).
Primary Contact First Name *Craig
Primary Contact Last Name *Clark
Public LibraryYes☑
SchoolYes☐
Hi-EdYes☐
CorporateYes☐
Recorded Books Account Manager NamePaula Roman Recorded Books Account Manager eMailpsroman@recordedbooks.com
Page 1 of 4
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Email Address *clarkc@bbfl.us
Phone Number 5617426380
Marketing Contact *Library Facebook/Twitter URL:
MARC Record Contact *
Address
Bill To Address:
Street Address *115 N Federal Hwy.
City *Boynton Beach
State/Province *Florida
Zip Code *33435
New Subscriptions
🛈
Same as above☐Add new contact☐
Same as above☐Add new contact☐
Check if Ship To Address is different than Bill To Address☐
RBdigital Audiobooks and eBook SubscriptionsRBdigital Audiobooks Adult Subscription☐RBdigital AudiobooksChildren/YA Subscription☐RBdigital Audiobooks Top 250☐RBdigital Audiobooks Academic Subscription☐RBdigital Audiobooks Dr. Who Subscription☐RBdigital Audiobooks Audiolibros Subscription☐RBdigital Audiobooks Canadian Subscription☐RBdigital Audiobooks Platform Only (includes eAudio Classics)☐RBdigital Audiobooks eBook Classics☐RBdigital Audiobooks K-12☐RBdigital Audiobooks K-8☐RBdigital Audiboooks 9-12☐RBdigital Audiobooks Unlimited☐RBdigital Audiobooks Hi-Ed Bundle☐
RBdigital ServicesRBdigital Magazines - Access Only☐IndieFlix☐Transparent Language☑Universal Class☐Hoonuit☐Law Depot☐RBdigital Audiobooks - Magazines Bundle☐ArtistWorks☐Magazine Value Collection - (US Collection)☐
Magazine Value Collection - (Canadian Collection)☐RBdigital Comics☐Stingray Qello☐
Page 2 of 4
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Send MARC Records?Yes
Library Specific Special Setup/Billing Instructions
Order Confirmation
RBdigital License Agreement Link
Transparent Language Online License Term Link
Name *Date *
Title *
Signature *
clear
Entertainment - Streaming Video☐Education - Streaming Video☐RBdigital PressReader Unlimited Newspapers☐
RBdigital Unlimited Magazines☐RBdigital Unlimited Comics☐
Transparent Language Subscription Price *2400
Subscription Start Date 🛈11/01/2019 Subscription End Date10/31/2020 Prorated Dates To Match Fiscal Year *Yes⚪No⚫
Rep Notes
0/255 characters
Rep Notes
Other Notes or Instructions:
📅
Page 3 of 4
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Purchase Order
Contract Type *Renewal
Submit
🛈
Office Use Only☐Office Use OnlyOFFICE USE ONLY001o000000NPv8i
ARYes SF Account Id Tracking001o000000NPv8i
Page 4 of 4
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{00339353.1 306-9001821}
RECORDED BOOKS, INC. LICENSE AGREEMENT Last Updated: THIS LICENSE AGREEMENT (“AGREEMENT”) GOVERNS YOUR (THE “LICENSEE” or “City”) ACQUISITION AND USE OF RECORDED BOOK’S SERVICES AND CONTENT (DEFINED BELOW). BY ENTERING INTO THIS AGREEMENT OR OTHERWISE ACCESSING RECORDED BOOKS’ SERVICE, LICENSEE AGREES TO THE TERMS OF THIS AGREEMENT. IF THE INDIVIDUAL AGREEING TO THE SUBSCRIPTION TERMS (DEFINED BELOW) FOR LICENSEE IS DOING SO ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY. PLEASE NOTE THAT THIS AGREEMENT AUTO-RENEWS. Licensee’s use of, and participation in, certain Services and access to certain Content may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Agreement or will be presented to Licensee for your acceptance when Licensee ordered the supplemental Service. If the terms of this Agreement are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. This Agreement and any applicable Supplemental Terms are referred to herein as the “Agreement.” 1. SCOPE OF AGREEMENT. This Agreement governs Licensee’s use of Recorded Book’s online platform (“Platform”) and audiovisual or other digital content provided pursuant to a subscription order form (such content, “Content”). The Platform and the Content are collectively, the “Service.” The Content that Recorded Books will provide Licensee is as selected by Licensee on the subscription order form (the “Subscription Terms”), the terms of which are incorporated into this Agreement by reference. 2. PROPRIETARY RIGHTS (a) License to Platform. Subject to the terms and conditions of this Agreement, Recorded Books grants to Licensee a non-exclusive, non-transferable, non-sublicensable, license to access and use the Platform for the purposes of selecting and managing Licensee’s use (including any subscriptions) of Content. (b) License to Content. Subject to the terms and conditions of this Agreement, Recorded Books grants Licensee and its End Users (defined below) a limited, non-transferable, non-exclusive, non-sublicenseable, royalty-free, license to reproduce, display, perform and distribute the Content through the Platform (and supported devices) for End Users’ (defined below) personal and noncommercial use, in accordance with the Subscription Terms. Licensee acknowledges that the forgoing license is granted by Recorded Books on behalf of the individual publishers or other publishing bodies that have authorized Recorded Books to license Content to Licensee and End Users. In certain instances, the Content may be subject to separate terms. In such cases, those separate terms will be provided before such Content may be accessed. (c) Restrictions on Use of Services. In connection with Licensee’s use of the Service, Licensee will comply with all applicable laws, rules and regulations. Licensee will not, and will not permit any third party (including End Users) to: (i) reproduce, distribute, display, modify, alter, publish, exploit, transfer, transmit, translate, or create derivative works of any part of the Service except as expressly authorized in this Agreement; (ii) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of any part of the Service; (iii) lend, lease, offer for sale, sell or otherwise use the Service for the benefit of, or make available to, third parties (except End Users); (iv) attempt to circumvent any license, timing or use
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restrictions that are built into the Service; (v) you shall not use any metatags or other “hidden text” using Recorded Books’ name or trademarks; (vi) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Service; (vii) except as expressly stated herein, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (viii) Licensee shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Content or Services. (d) End Users. “End Users” means any of Licensee’s employees, representatives, faculty, students, staff, visiting scholars, patrons and members that Licensee authorizes to use the Content. Licensee is responsible for ensuring that all End Users are bound by the terms and conditions set forth in this Agreement. Any material breach of this Agreement by an End User will be deemed a breach by Licensee. (e) Recorded Books Ownership of Service. Except for the rights granted in Section 2(a) above, as between Licensee and Recorded Books, Recorded Books retains all right, title and interest, including all intellectual property rights, in and to the Service. Licensee acknowledges that the Service include Recorded Books’ valuable trade secrets and improper use or disclosure would cause Recorded Books irreparable harm. Accordingly, Licensee agrees to use the Service solely as authorized in this Agreement. Licensee further acknowledges that the license granted pursuant to this Agreement is not a sale and does not transfer to Licensee title or ownership of the Service, but only a right of limited use. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO RECORDED BOOKS AND ITS CONTENT PROVIDERS. 3. USE OF THE SERVICE. Licensee will (a) be responsible for its (and its and End Users’) compliance with this Agreement, (b) use commercially reasonable efforts to prevent unauthorized access to or use of the Service, and notify Recorded Books immediately of any such unauthorized access and/or use of which Licensee becomes aware, and (c) use the Service only in accordance with this Agreement and all applicable laws and government regulations. Licensee will not (i) interfere with or disrupt the integrity or performance of the Service or any third-party data contained on the Service, including any Content (and any digital rights management software included in the Content), or (ii) attempt to gain unauthorized access to the Service or their related systems or networks. Without limiting the foregoing, Licensee must ensure that all Content is provided to End Users pursuant to an agreement that is consistent with the terms of this Agreement in its protections of Recorded Books, including warranty disclaimers, limitations of liability, and confidentiality. 4. FEES (a) Fees. Licensee will pay Recorded Books the fees described in the Subscription Terms (the “Fees”). Except with respect to Per-Item Fees (defined below), all Fees are due in advance and are based on Content ordered rather than actual usage. Payment obligations are non-cancelable and non-refundable (subject to Section 7(d)). Fees for Content obtained other than on a subscription basis (“Per-Item Fees”) are due within thirty (30) days of the invoice date for such Per-Item Fees. (b) Payment Terms. For all Fees, Licensee will provide Recorded Books with valid credit card information. Licensee authorizes Recorded Books to charge Licensee’s credit card for the Fees on the date the Agreement
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renews (e.g., the anniversary date) for any subscription selected in the Subscription Terms for the Renewal Term. (c) Taxes. Licensee will be responsible for payment of all applicable sales, use, property, value-added, withholding, or other federal, state or local taxes except for taxes based solely on Recorded Books’ net income. If Recorded Books is required to pay any such taxes based on the licenses granted in this Agreement or on Licensee’s use of the Service, then such taxes will be billed to and paid by Licensee. 5. CONFIDENTIAL INFORMATION; SECURITY (a) Confidentiality. “Confidential Information” means all confidential information disclosed by Recorded Books to Licensee, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes the non-public facing components of the Service (excluding Content, for clarity), technology and technical information, product plans and designs, pricing, and business processes. Except as required by applicable law, Licensee will not disclose any Confidential Information to anyone who does not have a “need to know” the Confidential Information, and will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) in protecting Confidential Information. (b) Access Control. Licensee will implement and maintain reasonable measures to ensure that only End Users have access to the Service. Licensee must take reasonable steps to prevent unwarranted intrusions into data managed or maintained by Recorded Books on Licensee’s behalf and acquired in the course of the operation of the Service. 6. SUPPORT. Recorded Books will use reasonable efforts to provide technical support services by email yoursupport@recordedbooks.com and phone 877-772-8346 to Licensee between 7:30am and 5:30pm, Eastern time, Monday through Friday. 7. TERM AND TERMINATION (a) Term of Agreement. This Agreement takes effect on the date Licensee access this Agreement remains in effect until the last to expire of a Subscription Term, unless earlier terminated as set forth below. (b) Term of Subscriptions. The term of each Content subscription will be described in the Subscription Terms. Content subscriptions will automatically renew for additional periods equal in length to the initial subscription term (each such renewal, a “Renewal Term”) unless either party provides notice of non-renewal at least 30 days prior to commencement of the next Renewal Term. (c) Termination. • If either party commits a material breach or default in the performance of any of its obligations under this Agreement, then the other party may terminate this Agreement, provided that the terminating party gives the breaching or defaulting party written notice of termination specifying the underlying breach or default, within 30 days of such breach or default, and such breach or default remains uncured 30 days after the breaching or defaulting party receives the notice. • Either party may terminate this Agreement at any time upon 5 business day’s prior written notice for any reason, with or without cause. (d) Effect of Termination. Upon expiration or termination of this Agreement for any reason, the rights, licenses and access to the Service granted to Licensee under this Agreement will immediately terminate. If this Agreement expires, or if Recorded Books terminates this Agreement pursuant to Section 7(c), all unpaid Fees will become immediately due and payable to Recorded Books. In no event will expiration or termination of this Agreement relieve Licensee of any obligation to pay Fees payable for the period prior to the date of termination.
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(e) Survival. All terms and provisions of this Agreement, including any exhibits, which by their nature are intended to survive any termination or expiration of this Agreement, will so survive. 8. REPRESENTATIONS AND WARRANTIES. Each party represents and warrants to the other party that: (a) it is duly organized, validly existing and in good standing as a corporation or other entity as represented herein under the laws and regulations of its jurisdiction of incorporation, organization or chartering; (b) it has the right, power and authority to enter this Agreement and to grant the rights and licenses granted hereunder and to perform all of its obligations hereunder; (c) the execution of this Agreement by its representative whose signature is set forth at the end hereof has been duly authorized by all necessary corporate or organizational action of the party; (d) when executed and delivered by both parties, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms; (e) it will abide by all applicable federal, state and local laws and regulations with respect to online activities, use of end user data and the products and services offered by each party in connection with this Agreement; and (f) the execution and performance of this Agreement will not violate any other contract to which that party is a party. 9. WARRANTY DISCLAIMER. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AND RECORDED BOOKS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING THEIR CONDITION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS. RECORDED BOOKS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER IMPLIED OR STATUTORY WARRANTIES, AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE. RECORDED BOOKS DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT THE SERVICES WILL WORK WITHOUT INTERRUPTIONS. 10. LIMITATION OF LIABILITY. WITH SPECIFIC EXCEPTION TO THE INDEMNITY CLAUSE HEREUNDER, IN NO EVENT WILL EITHER PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED FEES PAID BY LICENSEE TO RECORDED BOOKS DURING THE ONE YEAR PERIOD PRECEDING THE CLAIM GIVING RISE TO LIABILITY. IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS OR LOSS OR INTERRUPTION OF USE OF ANY FILES, DATA OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THIS AGREEMENT. (a) 11. DISPUTE RESOLUTION. If a dispute arises from or relates to this Agreement or the alleged breach thereof, and if the dispute cannot be settled through negotiations within 30 days. If the dispute is not settled in negotiation, all remaining claims, counterclaims, disputes and other matters in question between the parties arising out of, relating to, or pertaining to this Agreement, or the breach thereof, or the services thereof, or the standard of performance therein required, shall be determined by litigation in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or the Federal City Court of the Southern City of Florida and appropriate appellate courts for such venue and jurisdiction. . 12. Indemnity. RECORDED BOOKS agrees to indemnity, defend, save and hold harmless the City, its
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officers, agents and employees, from all damages, liabilities, losses, claims, fines and fees, and from any and all suits and actions of every name and description that may be brought against City, its officers, agents and employees, on account of any claims, fees, royalties, or costs for any invention or patent or for the infringement of any and all copyrights or patent rights claimed by any person, firm, or corporation. Payment of any amount due pursuant to the foregoing indemnity shall, after receipt of written notice by RECORDED BOOKS from the City that such amount is due, be made by RECORDED BOOKSprior to the City being required to pay same, or in the alternative, the City, at the City’s option, may make payment of an amount so due and RECORDED BOOKS shall promptly reimburse the City for same, together with interest thereon at the statutory rate from the date of receipt by RECORDED BOOKS of written notice from the City that such payment is due. RECORDED BOOKS agrees, at RECORDED BOOKS’s expense, after written notice from the City, to defend any action against the City that falls within the scope of this indemnity, or the City, at the City’s option, may elect not to tender such defense and may elect instead to secure its own attorney to defend any such action and the reasonable costs and expenses of such attorney incurred in defending such action shall be payable by RECORDED BOOKS. Additionally, if RECORDED BOOKS, after receipt of written notices from the City, fail to make any payment due hereunder to the City, RECORDED BOOKS shall pay any reasonable attorney's fees or costs incurred by the City in securing any such payment from RECORDED BOOKS. Nothing contained herein is intended nor shall it be construed to waive the City’s rights and immunities under the common law or Florida Statute §768.28 as amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist in the City’s favor. 13. MISCELLANEOUS (a) Electronic Communications. The communications between Licensee and Recorded Books may take place via electronic means. For contractual purposes, Licensee (a) consents to receive communications from Recorded Books in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Recorded Books provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. (b) Assignment. Neither party may assign this Agreement or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of the other party; provided, however, that Recorded Books may assign this Agreement to a parent, affiliate, subsidiary, or successor to its business, if any. Subject to the foregoing, this Agreement will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. Any attempted assignment in violation of this Section 12(a) will be null and void. (c) U.S. Government Rights. Recorded Books provides the Service, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with Recorded Books to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement. (d) Export Regulations. Licensee will comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.
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Specifically, Licensee covenants that it will not -- directly or indirectly -- sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Recorded Books under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. (e) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement will remain in full force and effect. (f) Governing Law and Jurisdiction. This Agreement is governed by and construed under the laws of the State of Florida without reference to conflict of laws principles. Subject to Section 11 above, all disputes arising out of or related to this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in Florida, and the parties agree and submit to the exclusive jurisdiction and venue of these courts. (g) Modification and Waiver. No waiver or modification of this Agreement will be valid unless made in writing and signed by both parties. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof. (h) Entire Agreement. This Agreement, together with the Subscription Terms, embodies the entire understanding of the parties and supersedes any previous or contemporaneous communications, whether oral or written; and may be amended only by a writing signed by both parties. (i) Force Majeure. Recorded Books shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. (j) 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. (k) The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: (l) Keep and maintain public records required by the CITY to perform the service; (m) Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; (n) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and (o) Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor’s possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. (p) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
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{00339353.1 306-9001821}
CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC@BBFL.US (q) SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. (r) “This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes.” Recorded Books, Inc. Library Account: _____________________________ Name: ________________________________ Name: _____________________________________ Title: _________________________________ Title: ______________________________________ Date: _________________________________ Date: ______________________________________
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6.G.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O PO SE D R E S O L U T IO N N O. R 19-150 -
Approve Amendment No. 1 to the language of the existing Emergency Services A greement for Mutual
Assistance and Automatic Aid between the C ity of Boynton Beac h and the City of Delray Beach Fire
Resc ue.
E X P L AN ATIO N O F R EQ U E S T:
On September 28, 2016, the City entered into an Agreement with the City of D elray Beach for Mutual
Assistance and Automatic Aid for Emergenc y S ervices. Delray is requesting that language c ontained in the
Mutual Aid Agreement, specifically, Section 1 and E xhibit A be amended with the sole purpose of clarifying
the verbiage as follows: "The City of Delray Beac h Fire Rescue Department agrees to respond to calls for
service on I nterstate 95 Northbound between A tlantic Avenue in Delray Beach and W oolbright Road in
Boy nton Beac h. The C ity of Boynton Beach Fire Resc ue D epartment agrees to respond to c alls for service
on I nterstate 95 S outhbound between W oolbright Road in Boynton Beach and A tlantic Avenue in Delray
Beach."
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? I f approved, this amendment will
establish clear response coverage on I nterstate 95 and assist Boy nton Beac h Fire Rescue with future
ac creditation opportunities as we move to improve the overall quality to the c ommunity we serve.
F IS C AL IMPAC T: Non-budgeted
The fiscal impact of this agreement will be negligible sinc e the City is already providing services through an
established mutual agreement.
ALT E R N ATIV E S: The City of Boy nton Beac h may opt out of the approval of an amendment and maintain
current language.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
n/a
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N: n/a
Is this a grant? No
Page 182 of 1829
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Resolution Resolution approving Amendment No. 1 to Mutual
Aid Agreement with D elray Beac h
Agreement Amendment No 1 to Mutual Aid Agreement with
Delray Beach
Agreement Existing Agreement
Attachment City of Delray B each Legal Review Form
Page 183 of 1829
S:\CA\RESO\Agreements\Amendment 1 to Emergency Services Agmt - Reso.docx
RESOLUTION NO. R19-____ 1
2
3
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4
FLORIDA, APPROVING AND AUTHORIZING THE 5
MAYOR TO SIGN AMENDMENT NO. 1 TO 6
EMERGENCY SERVICES AGREEMENT FOR MUTUAL 7
ASSISTANCE AND AUTOMATIC AID BETWEEN THE 8
CITY OF DELRAY BEACH AND THE CITY OF 9
BOYNTON BEACH; AND PROVIDING AN EFFECTIVE 10
DATE. 11
12
13
WHEREAS, on September 28, 2016, the City entered into an Agreement with the City 14
of Delray Beach for Mutual Assistance and Automatic Aid for Emergency Services; and 15
WHEREAS, the City of Delray Beach has requested an amendment to the Agreement 16
in Section 1 and Exhibit A to establish clear response coverage on Interstate 95 and assist 17
Boynton Beach Fire Rescue with future accreditation opportunities; and 18
WHEREAS, the City Commission of the City of Boynton Beach, upon 19
recommendation of staff, deems it to be in the best interests of the residents and citizens of the 20
City of Boynton Beach to approve and authorize the Mayor to sign Amendment No. 1 to 21
Emergency Services Agreement for Mutual Assistance and Automatic Aid between the City of 22
Delray Beach and the City of Boynton Beach to establish clear response coverage on Interstate 23
95. 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 incorporated 27
herein by this reference. 28
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 29
approve and authorize the Mayor to sign Amendment No. 1 to Emergency Services Agreement 30
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S:\CA\RESO\Agreements\Amendment 1 to Emergency Services Agmt - Reso.docx
for Mutual Assistance and Automatic Aid between the City of Delray Beach and the City of 31
Boynton Beach to establish clear response coverage on Interstate 95, a copy of said Agreement 32
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 ___________, 2019. 35
CITY OF BOYNTON BEACH, FLORIDA 36
37
YES NO 38
39
Mayor – Steven B. Grant _____ _____ 40
41
Vice Mayor – Justin Katz _____ _____ 42
43
Commissioner – Mack McCray _____ _____ 44
45
Commissioner – Christina L. Romelus _____ _____ 46
47
Commissioner – Ty Penserga _____ _____ 48
49
50
VOTE ______ 51
52
ATTEST: 53
54
55
_____________________________ 56
Crystal Gibson, MMC 57
City Clerk 58
59
60
61
(Corporate Seal) 62
Page 185 of 1829
AMENDMENT NO. 1 TO THE EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN
THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH
THIS AMENDMENT NO. 1 to the Emergency Services Agreement For Mutual
Assistance And Automatic Aid Between The City Of Delray Beach And The City Of Boynton
Beach is made this _______ day of __________________, 2019, by and between the CITY OF
DELRAY BEACH, a Florida municipal corporation and the CITY OF BOYNTON BEACH, a
Florida Municipal Corporation, collectively, the “Parties.”
W I T N E S S E T H :
WHEREAS, the parties entered into an Emergency Services Agreement for Mutual
Assistance and Automatic Aid between the City of Delray Beach and the City of Boynton Beach
(“Agreement”) on September 26, 2016; and
WHEREAS, the parties mutually desire to amend the Agreement in order to clarify the
terms.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereby agree as follows:
1. Section 1 of the Agreement is amended to as follows:
Section 1. Request for Aid/Assistance: Emergency mutual
assistance/automatic aid or non-emergency assistance or logistical support, as outlined in
Exhibit A attached hereto and incorporated herein, will be given when properly requested
so long as rendering the aid and assistance requested will not place the assisting party in
undue jeopardy. Notwithstanding anything herein that may be construed to the contrary,
the parties understand and agree that it is not the intention of the patties to subsidize the
normal day-to-day operations or shortages in staffing or equipment of the other party and
that the mutual assistance/automatic aid provided hereunder is intended to be mutual in
nature. Automatic aid shall be rendered to the extent provided for in automatic aid plans
and procedures approved by the parties' Fire Chiefs pursuant to Section 3 herein. The
Page 186 of 1829
2
party requesting aid and/or assistance shall provide the following information at the time
the request is made:
a. The general nature, type and location of the emergency, non-
emergency or logistical support; and
b. The type and quantity of equipment and/or personnel needed; and
c. The name and rank of the person making the request.
All requests shall be directed through the respective parties' emergency communications
center. The following officials of the participating parties are authorized to request aid
and assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire
Chiefs, or Incident Commanders.
2. Full Force and Effect. All other terms and conditions of the Emergency Services
Agreement for Mutual Assistance and Automatic Aid between the City of Delray Beach and the
City of Boynton Beach not expressly modified by this Amendment No. 1 thereto remain in full
force and effect.
3. Effective Date of Amendment No. 1 to the Agreement. This Amendment shall
not be effective until it is approved by the City Commission and signed by both of the parties.
[Remainder of Page Intentionally Left Blank]
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3
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be
duly executed this _____ day of _______________, 2019.
ATTEST: CITY OF DELRAY BEACH,
FLORIDA
______________________________ By: _____________________________
City Clerk Shelly Petrolia, Mayor
Approved as to Form and Legal Sufficiency:
______________________________
City Attorney
ATTEST: CITY OF BOYNTON BEACH,
FLORIDA
______________________________ By: _____________________________
City Clerk Steven Grant, Mayor
Approved as to Form and Legal Sufficiency:
______________________________
City Attorney
Page 188 of 1829
4
Exhibit A
The City of Delray Beach Fire Rescue Department agrees to respond to calls for service on
Interstate 95 Northbound between Atlantic Avenue in Delray Beach and Woolbright Road in
Boynton Beach.
The City of Boynton Beach Fire Rescue Department agrees to respond to calls for service on
Interstate 95 Southbound between Woolbright Road in Boynton Beach and Atlantic Avenue in
Delray Beach.
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Page 197 of 1829
CITY OF DELRAY BEACH
CITY ATTORNEY’S OFFICE
200 NW 1ST Avenue, Delray Beach, FL 33444
561-243-7090
LEGAL REVIEW FORM
This form is to be used solely for the legal review of documents not including procurement agreements.
Procurement Agreements are reviewed under a separate cover. This form shall only be completed by a member of
the City Attorney’s Office.
Date of Review:11/7/19
Document Name: Mutual Aid Agreements for Boynton & Boca Raton
Document Type:_________________________________________
Submitted by: Chief Tomey
This document is approved as to form and legal sufficiency.
This document is approved as to form and legal sufficiency; however the undersigned made the
following change(s):______________________________________________________________________.
This document is not approved as to form and legal sufficiency for the following reason(s):
________________________________________________________________________________.
Please resubmit with the following corrections:
__________________________________________________________________________________________
_________________________________________________________________________________________.
Lynn Gelin
Attorney
Copy to:
___ City Attorney’s Office (with a copy of the approved document)
___ Other: _____________________
x
Page 198 of 1829
6.H.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O PO SE D R E S O L U T IO N N O. R 19-151 - Amend the
F Y 2018-2019 budget, which will adjust budgeted appropriations and revenue sources and provide spending
authority for Department or Fund Operating and C apital Budget.
E X P L AN ATIO N O F R EQ U E S T:
The FY 18/19 Budget was adopted on September 20th, 2018. As suc h, the FY18/19 Adopted Budget for
various Operating and Capital I mprovement P rojec ts Funds plus related acc ounts need to be adjusted at the
end of the fiscal y ear. This type of budget amendment is part of the annual budget proc ess. The Budget
amendment will inc rease or decrease the Fund’s total appropriation whic h requires City Commission
approval, see Exhibit A.
The City’s staff has been able to identify revenue sourc es and unspent appropriations which can be
reallocated to other ac counts. Under best budgeting prac tices and governmental acc ounting standards,
we should re-appropriate these funds to provide the c ontinued spending authority for these ac counts.
Accordingly, during F Y2018-19 necessary budget modific ations have been made in various Operating
and C apital I mprovement Ac counts/Funds (between department/divisions) for which the City Manager
is authorize to approve. Staff is requesting approval for the budget adjustments made at the Fund level
in F Y2018-19.
The Traffic Safety Fund will be amended from $1,056,236 to $1,099,336 to provide appropriations for
contrac ts and other operating expenditures approved in F Y18/19.
The Public Arts Fund will be amended from $284,868 to $857,918 to provide recognition of revenues
and the related appropriations for acquisition of public art approved in F Y18/19
The Capital I mprovement Fund will be amended for Fund 302 from $9,338,927 to $13,438,927. This
will amend the current appropriations for General Government capital projec ts due to enc umbrances
and/or expenditures.
The Materials & Distribution Fund will be amended for Fund 502 from $378,078 to 381,778 to provide
appropriations for operating cost in F Y18/19.
The Cemetery Fund will be amended from $350,736 to $370,736 to provide appropriations for
contrac ts and personnel c ost approved in FY 18/19.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? The C ity would continue to follow good
and appropriate budgeting prac tices.
F IS C AL IMPAC T: See Exhibit A for a summary of the fiscal impac t.
ALT E R N ATIV E S: Not approving the budget amendment would cause funding issues for F Y2018-19.
S T R AT E G IC P LAN:
Page 199 of 1829
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Resolution Resolution approving Budget Amendment
Addendum F Y18/19 Budget Amendment Summary
Page 200 of 1829
1
S:\CA\RESO\Budget\2018 - 2019 Budget\FY2018-19 Budget Amendment Resolution - (Dec 3 2019).Docx
RESOLUTION R19- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, AMENDING THE ADOPTED BUDGET FOR 4
VARIOUS FUND FOR THE FISCAL YEAR BEGINNING 5
OCTOBER 1, 2018, AND ENDING SEPTEMBER 30, 2019; 6
PROVIDING FOR SEVERABILITY, CONFLICTS, AND 7
AN EFFECTIVE DATE. 8
9
WHEREAS, a final budget was approved by the City Commission on September 20, 10
2018, for the fiscal year 2018-2019; and 11
WHEREAS, the City Manager is recommending amending the amount necessary to be 12
appropriated for fiscal year 2018-2019 for various funds (see Exhibit A). 13
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 14
THE CITY OF BOYNTON BEACH, FLORIDA: 15
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 16
being true and correct and are hereby made a specific part of this Resolution upon adoption 17
hereof. 18
Section 2. Hereby amending the appropriated FY 2018-2019 budget for the 19
Traffic Safety Fund from $1,056,236 to $1,099,336. 20
Section 3. Hereby amending the appropriated FY 2018-2019 budget for the Public 21
Arts Fund from $284,868 to $857,918. 22
Section 4. Hereby amending the appropriated FY 2018-2019 budget for the 23
General Capital Improvement Projects Fund from $9,338,927 to $13,438,927. 24
Section 5. Hereby amending the appropriated FY 2018-2019 budget for the 25
Materials & Distribution Fund from $378,078 to $381,778 26
Section 6. Hereby amending the appropriated FY 2018-2019 budget for the 27
Boynton Beach Memorial Park Fund from $350,736 to $370,736. 28
A copy of such amendment and/or adjustment is attached hereto as Exhibit “A” and the 29
Page 201 of 1829
2
S:\CA\RESO\Budget\2018 - 2019 Budget\FY2018-19 Budget Amendment Resolution - (Dec 3 2019).Docx
appropriations set out therein for the fiscal year beginning October 1, 2018 and ending 30
September 30, 2019, to maintain and carry on the government of the City of Boynton Beach. 31
Section 7. That there is hereby appropriated revised amounts to various funds (see 32
Exhibit A) pursuant to the terms of the budget. 33
Section 8. All Resolutions or parts of Resolutions in conflict herewith are hereby 34
repealed to the extent of such conflict. 35
Section 9. This Resolution shall become effective immediately upon passage. 36
PASSED AND ADOPTED this 3th day of December, 2019. 37
CITY OF BOYNTON BEACH, FLORIDA 38
39
YES NO 40
41
Mayor – Steven Grant _____ _____ 42
43
Vice Mayor – Justin Katz _____ _____ 44
45
Commissioner – Mack McCray _____ _____ 46
47
Commissioner – Christina Romelus _____ _____ 48
49
Commissioner – Ty Penserga _____ _____ 50
51
52
VOTE ______ 53
54
ATTEST: 55
56
57
_____________________________ 58
Crystal Gibson, MPA, MMC 59
City Clerk 60
61
62
63
(Corporate Seal) 64
Page 202 of 1829
Exhibit A
2018/19 2018/19
CURRENT AMENDED
BUDGET Revenue Expenditures BUDGET
Traffic Safety Fund
103‐0000‐354.05‐00 VIOLATIONS LOCAL ORD. 1,010,000 43,100 1,053,100
Adopted Fund Total Revenues 1,056,236 43,100 1,099,336
103‐2110‐521.14‐10 OVERTIME 0 7,800 7,800
103‐2110‐521.31‐11 LEGAL FEES & COSTS 30,000 13,500 43,500
103‐2110‐521.34‐53 CONSULTANT FEES 0 21,800 21,800
Adopted Fund Total Expenses 1,056,236 43,100 1,099,336
Public Arts Fund
151‐0000‐329.05‐00 PUBLIC ARTS FEE 30% 274,000 546,000 820,000
151‐0000‐369.10‐00 MISCELLANEOUS INCOME 0 1,000 1,000
151‐0000‐389.91‐00 FUND BALANCE APPROPRIATED ‐74,132 26,050 (48,082)
Adopted Fund Total Revenues 284,868 573,050 857,918
151‐2611‐579.12‐10 REGULAR SALARIES/WAGES 72,339 18,400 90,739
151‐2611‐579.47‐10 PRINTING & BINDING 6,000 4,300 10,300
151‐2611‐579.67‐01 ACQUISITION OF PUBLIC ART 2,000 546,900 548,900
151‐2611‐579.95‐03 PROMOTIONAL MERCHANDISE 0 3,450 3,450
Adopted Fund Total Expenses 284,868 573,050 857,918
General Capital Improvement Fund
302‐0000‐369.10‐00 MISCELLANEOUS INCOME 0 2,500,000 2,500,000
302‐0000‐369.22‐00 CRA REIMBURSEMENT 600,000 1,600,000 2,200,000
Adopted Fund Total Revenues 9,338,927 4,100,000 13,438,927
302‐1214‐512.49‐17 OTHER CONTRACTUAL SRVS 0 1,600,000 1,600,000
302‐3011‐517.71‐01 PRINCIPAL PAYMENT 0 2,500,000 2,500,000
Adopted Fund Total Expenses 9,338,927 4,100,000 13,438,927
Materials & Distribution Fund
502‐0000‐389.92‐00 NET ASSETS APPROPR ‐1,056 3,700 2,644
Adopted Fund Total Revenues 378,078 3,700 381,778
502‐1412‐513.99‐02 NON‐BUDGETED EXPENSE 0 3,700 3,700
Adopted Fund Total Expenses 378,078 3,700 381,778
Boynton Beach Memorial Park Fund
631‐0000‐343.83‐00 CEMETERY‐SALE OF LOTS 40,000 20,000 60,000
Adopted Fund Total Revenues 350,736 20,000 370,736
631‐3110‐539.12‐10 REGULAR SALARIES/WAGES 154,069 10,000 164,069
631‐3110‐539.43‐10 ELECTRIC SERVICE 20,000 10,000 30,000
Adopted Fund Total Expenses 350,736 20,000 370,736
CITY OF BOYNTON BEACH
EXPENDITURE & REVENUE AMENDMENTS
FISCAL YEAR 2018 ‐ 2019
CITY MANAGER
Budget Adjustment
S:\Finance\Budget Adjustments\FY2019‐20\Prior Year All Funds Amendment\FY2018‐19 Department Budget Amendment All Funds (Dec 3, 2019 Meeting)GF.Non GF Amend ‐ Exh A Page 203 of 1829
6.I .
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve revisions to and addition of project(s) to the Fiscal
Year 2019-2020 approved surtax projects.
E X P L AN ATIO N O F R EQ U E S T:
The City Commission approved a list of projects for FY 19/20 to be paid with Government Surtax funds in
September 2019. I n ac cordanc e with the City's Resolution R16-071, which is an I nterloc al agreement with
P B C and Palm Beac h County Schools pertaining to shared distribution and use of the surtax funds the
project list that the C ommission adopted can be revised by the governing board.
The City of B oy nton Beach C apital I mprovement Plan is largely funded by taxpayer approved sales tax funds
(Surtax). Eac h community must acc ount for the use of these funds to ensure their use is c onsistent with law
and the intent of the voters. Each quarter the city will be providing a global update on the status of projects
funded with Surtax revenues.
However, on a much smaller sc ale it is recognized that some projects were added and/or c hanged since the
initial inspection of the City fac ilities.
Therefore, it is nec essary to add projects as they occ ur during the fiscal year. These additions are to ensure
consistency of review by the C ity Commission and the C ity's C itizen Surtax Oversight Committee.
To that end, staff will be providing additional project requests throughout the c ourse of the year. I n fact, these
adjustments may occ ur on eac h future Commission meeting.
Attac hed please find modific ations to existing and additional projects with proposed budget dollars. All
additional projec ts will be funded by making budget adjustments with existing Surtax dollar projec ts.
Based on the overall savings and the estimated budget for the new project there is no need for a budget
amendment rather adjustments to currently approved projects and the addition of two projects in the F Y 19/20
budget.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? Facility maintenanc e work is critical to
keep, restore or improve every part of a Facility/B uilding to a currently acceptable standard.
F IS C AL IMPAC T: Budgeted The project budget adjustments merely recognize actual c osts on a project
level. The entire Surtax C apital Budget will alway s be neutral unless c hanged through a formal budget
amendment process.
ALT E R N ATIV E S: None
S T R AT E G IC P LAN:
Page 204 of 1829
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant? No
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Amendment C I P Amendment
Page 205 of 1829
Assigned
Project #Project Location Approved Project
Account
Approved Project
Budget Amount
Funds Available for
Use Elsewhere
Replace Storage SAN at Disaster Recovery Site
Project completed with alternative funds.
SAN Storage Replacement - SCADA - Utilities
Project completed with Utilities SIP Funding.
Server Replacement (SCADA) - Utilities
Project completed with Utilities SIP Funding.
General Government - Misc. Repairs & Replacement
Moving funds from miscellaneous repairs to cover cost of replacement of showers and
foot wash at oceanfront park.
Senior Center - Reconstruct Parking Lots
Project being delayed to study feasability of moving senior center to women's club with
pedestrian briddge or crossing. Remaing funds will be used for 30% design.
788,477.00$
Assigned
Project #Project Location Approved Project
Account
Approved Project
Budget Amount
Increase Existing
Project(s)
Replace VMware Hosts at Fire Station #5
Project is being accelerated from FY 20/21. The current VMware hosts are
overprovisioned and we are experiencing problems with software packages running
slow and with unacceptable reliability.
90,000.00$
678,477.00$
4,600.00$
Fiscal Year 2019-20 Surtax Dollars Project
(Request for Project Budget Adjustment)
IT1816 50,000.00$ 50,000.00$
IT1806 30,400.00$ 30,400.00$
IT1817 25,000.00$ 25,000.00$
303-4101-580.64-15
303-4101-580.64-15
303-4101-580.62-01
90,000.00$
Total Increased Cost For Existing Projects
303-4101-580.64-15
IT1903 303-4101-580.64-15
GG1901
Total Savings from Approved Projects
-$
190,000.00$
RP19xx 303-4111-572.62-01 750,000.00$
Page 206 of 1829
New Project #New Project Location Approved Project
Account
Approved Project
Budget Amount
Estimated Costs for
New Project(s)
Oceanfront Park - Beach shower and foot wash replacement
Remove and replace existing beach showers and foot wash, which are failing and past
life expectancy.
Kids Kingdom Playground Replacement
Existing playground was demolished as it was past life expectancy. Funding to be used
for purchase of equipment for new playground in town square.
698,477.00$
Total Savings from Approved Projects
Total Increase for Existing Projects
Total Estimated Cost For New Projects
RP (New)TBD -$ 678,477.00$
788,477.00$
698,477.00$
Total Estimated Cost For New Projects
90,000.00$
-$ 20,000.00$ 303-4210-572.63-05RP (New)
Page 207 of 1829
6.J .
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O PO SE D R E S O L U T IO N N O. R 19-152 - As part of the
approval of the inter-loc al agreement between the City and C RA for design, permitting, and c onstruc tion
administration of the extension of NE 3rd Street it is nec essary to amend the Fisc al Year 2019-2020 Capital
I mprovement Fund (302) budget, which will adjust budgeted appropriations and revenue sources.
E X P L AN ATIO N O F R EQ U E S T:
As part of the approval of the inter-local agreement between the C RA and City for the design of NE 3rd
Street from NE 9th Avenue to Martin Luther King J r. Blvd. (a.k.a. NE 10th Avenue) it is nec essary to amend
the Fisc al Year 2019-2020 Capital I mprovement Fund (302) budget by $85,000 to cover the costs inc urred as
part of this projec t.
The Capital I mprovement Budget will be amended for Fund 302 from $1,245,102 to $1,330,102.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
The amendment will provide for the City to continue to follow good and appropriate budgeting prac tices.
F IS C AL IMPAC T: Non-budgeted The amendment will c reate a project for the design of the extension of NE
3rd Street in acc ount number 302-4905-580.63-07.
ALT E R N ATIV E S:
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
Page 208 of 1829
AT TAC H ME N TS :
Type Desc ription
Attachment Resolution No. 20-xxx
Attachment Exhibit show C RA NE 3rd St Projec t budget
ammendment
Page 209 of 1829
1
RESOLUTION R19- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, AMENDING THE ADOPTED BUDGET FOR 4
THE GENERAL GOVERNMENT CAPITAL FUND FOR 5
THE FISCAL YEAR BEGINNING OCTOBER 1, 2019, 6
AND ENDING SEPTEMBER 30, 2020; PROVIDING FOR 7
SEVERABILITY, CONFLICTS, AND AN EFFECTIVE 8
DATE. 9
10
WHEREAS, a final budget was approved by the City Commission on September 17, 11
2019, for the fiscal year 2019-2020 and 12
WHEREAS, the City Manager is recommending amending the amount necessary to 13
be appropriated for fiscal year 2019-2020 for various funds (see Exhibit A). 14
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 15
THE CITY OF BOYNTON BEACH, FLORIDA: 16
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 17
being true and correct and are hereby made a specific part of this Resolution upon adoption 18
hereof. 19
Section 2. Hereby amending the appropriated FY 2019-2020 budget for the 20
General Government Capital Improvement Fund from $1,245,102 to $1,330,102. 21
A copy of such amendment and/or adjustment is attached hereto as Exhibit “A” and the 22
appropriations set out therein for the fiscal year beginning October 1, 2019 and ending 23
September 30, 2020, to maintain and carry on the government of the City of Boynton 24
Beach. 25
Section 6. That there is hereby appropriated revised amount for the General 26
Government Capital Improvement Fund (see Exhibit A) pursuant to the terms of the budget. 27
Section 7. All Resolutions or parts of Resolutions in conflict herewith are hereby 28
repealed to the extent of such conflict. 29
Page 210 of 1829
2
Section 8. This Resolution shall become effective immediately upon passage. 30
PASSED AND ADOPTED this 3rd day of December, 2019. 31
CITY OF BOYNTON BEACH, FLORIDA 32
33
YES NO 34
35
Mayor – Steven Grant _____ _____ 36
37
Vice Mayor – Justin Katz _____ _____ 38
39
Commissioner – Mack McCray _____ _____ 40
41
Commissioner – Christina Romelus _____ _____ 42
43
Commissioner – Ty Penserga _____ _____ 44
45
46
VOTE ______ 47
48
ATTEST: 49
50
51
_____________________________ 52
Crystal Gibson, MPA, MMC 53
City Clerk 54
55
56
57
(Corporate Seal) 58
Page 211 of 1829
Exhibit A
2019/20 2019/20
ADOPTED AMENDED
BUDGET Revenue Expenditures BUDGET
General Capital Improvement Fund
302-0000-369.22-00 OTHER MISC. REVENUE / CRA REIMBURSEMENT 0 85,000 85,000
Adopted Fund Total Revenues 1,245,102 85,000 1,330,102
302-4905-580.63-07 IMPVTS OTHER THAN BLDGS. / CRA IMPROVEMENTS - 85,000 85,000
Adopted Fund Total Expenses 1,245,102 85,000 1,330,102
CITY OF BOYNTON BEACH
EXPENDITURE & REVENUE AMENDMENTS
BUDGET YEAR 2019-20
CITY MANAGER
Budget Adjustment
Page 212 of 1829
6.K.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O PO SE D R E S O L U T IO N N O. R 19-153 -
Approve Consultant Agreement that will allow staff to offer the After School Outreach I nitiative Program at
Poinciana Elementary School.
E X P L AN ATIO N O F R EQ U E S T: As part of the May or's After Sc hool Outreach Program, staff is
organizing rec reational activities at various schools in Boy nton Beach. I n order to offer this program at
Poinciana Elementary School, the School's P rinc ipal is requiring this agreement with the City.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? This will add another school to the
program. The other elementary sc hools currently partic ipating are Crosspointe, and Galaxy. Rolling Green
will also be added in J anuary.
F IS C AL IMPAC T: Budgeted Expenses are c overed by a donation from Mayor Grant and Vice Mayor Katz.
ALT E R N ATIV E S: D o not approve Agreement.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Resolution Resolution approving Sc hool D istrict Consultant
Agreement
Agreement Consultant Agreement
Page 213 of 1829
S:\CA\RESO\Agreements\School District Consultant Agreement (after school outreach Poinciana Elementary) - Reso.docx
RESOLUTION NO. R19- 1
2
3
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4
FLORIDA, APPROVING AND AUTHORIZING THE CITY 5
MANAGER TO SIGN A SCHOOL DISTRICT CONSULTANT 6
AGREEMENT FOR AFTER SCHOOL OUTREACH INITIATIVE 7
PROGRAM AT POINCIANA ELEMENTARY SCHOOL; AND 8
PROVIDING AN EFFECTIVE DATE. 9
10
11
WHEREAS, staff is organizing recreational activities as part of the Mayor’s After 12
School Outreach Program at various schools in Boynton Beach; and 13
WHEREAS, in order to offer this program, Poinciana Elementary School is requiring 14
the Agreement with the City; and 15
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16
recommendation of staff, deems it to be in the best interests of the City residents to approve 17
and authorize the City Manager to sign a School District Consultant Agreement for After 18
School Outreach Initiative at Poinciana Elementary School. 19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22
being true and correct and are hereby made a specific part of this Resolution upon adoption 23
hereof. 24
Section 2. The City Commission hereby approves and authorizes the City 25
Manager to sign a School District Consultant Agreement for After School Outreach Initiative 26
at Poinciana Elementary School, a copy of the Agreement is attached hereto as Exhibit “A.” 27
28
29
Page 214 of 1829
S:\CA\RESO\Agreements\School District Consultant Agreement (after school outreach Poinciana Elementary) - Reso.docx
Section 3. This Resolution shall become effective immediately upon passage. 30
PASSED AND ADOPTED this _____ day of December, 2019. 31
CITY OF BOYNTON BEACH, FLORIDA 32
33
YES NO 34
35
Mayor – Steven B. Grant _____ _____ 36
37
Vice Mayor – Justin Katz _____ _____ 38
39
Commissioner – Mack McCray _____ _____ 40
41
Commissioner – Christina L. Romelus _____ _____ 42
43
Commissioner – Ty Penserga _____ _____ 44
45
VOTE ______ 46
ATTEST: 47
48
49
_____________________________ 50
Crystal Gibson, MMC 51
City Clerk 52
53
54
(Corporate Seal) 55
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6.L.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
P R O P O S E D R E S O LU TIO N N O . R19-154 - A pprove and authorize the Mayor and C ity Manager to sign
the I nterlocal Agreement between Palm Beach C ounty First Responders related the "PSAP" (9-1-1 public
safety answering point).
E X P L AN ATIO N O F R EQ U E S T: The Marjory Stoneman Douglas High Sc hool Public Safety Commission
rec ommended that c ounties be required to develop and implement c ommunication sy stems that allow direct
radio communic ation between public safety answering points (P S A Ps) and first responders outside the
P S A Ps normal service area to provide for more efficient dispatc h of first responders. I n response to the
rec ommendations the Florida Legislator created Section 365.179, Florida S tatutes (Direct radio
communication between 9-1-1 public safety answering points and first responders)
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? This agreement sets forth the protoc ols
under which a P S A P will direc tly provide notice by radio of a public safety emergenc y to the on-duty
personnel of both P olice and Fire when the responding agenc y is within Palm B each C ounty but does not
provide primary dispatc h func tions.
F IS C AL IMPAC T: Non-budgeted No fiscal impac t
ALT E R N ATIV E S: Not acc ept the interlocal agreement and not participate in the notification sy stem.
S T R AT E G IC P LAN: Building W ealth in the Community
S T R AT E G IC P LAN AP P LIC AT IO N: I mprove the level in which the Polic e and Fire D epartment c an
protec t the community.
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant? No
G rant Amount:
Page 224 of 1829
AT TAC H ME N TS :
Type Desc ription
Resolution Resolution approving I L A with Palm Beach
County First Responders relateds to P S A P
Addendum P S A P I nterlocal Agreement
Page 225 of 1829
S:\CA\RESO\Agreements\ILA with PBC for PSAP - Reso.docx
RESOLUTION R19- 1
2
3
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4
FLORIDA, APPROVING AND AUTHORIZING THE 5
MAYOR AND CITY MANAGER TO SIGN THE 6
INTERLOCAL AGREEMENT BETWEEN PALM BEACH 7
COUNTY FIRST RESPONDERS RELATED THE "PSAP" 8
(9-1-1 PUBLIC SAFETY ANSWERING POINT); AND 9
PROVIDING AN EFFECTIVE DATE. 10
11
12
WHEREAS, the Marjory Stoneman Douglas High School Public Safety Commission 13
recommended that counties be required to develop and implement communication systems that 14
allow direct radio communication between public safety answering points (PSAPs) and first 15
responders outside the PSAPs normal service area to provide for more efficient dispatch of first 16
responders; and 17
WHEREAS, in response to the recommendations the Florida Legislator created Section 18
365.179, Florida Statutes (Direct radio communication between 9-1-1 public safety answering 19
points and first responders); and 20
WHEREAS, this Interlocal Agreement sets forth the protocols under which a PSAP will 21
directly provide notice by radio of a public safety emergency to the on -duty personnel of both 22
Police and Fire when the responding agency is within Palm Beach County but does not provide 23
primary dispatch functions; and 24
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 25
of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton 26
Beach to approve and authorize the Mayor and City Manager to sign the Interlocal Agreement 27
between Palm Beach County First Responders related to the PSAP (Public Safety Answering 28
Point). 29
Page 226 of 1829
S:\CA\RESO\Agreements\ILA with PBC for PSAP - Reso.docx
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32
being true and correct and are hereby made a specific part of this Resolution upon adoption 33
hereof. 34
Section 2. The City Commission of the City of Boynton Beach hereby authorizes the 35
Mayor and City Manager to sign an Interlocal Agreement between the City of Boynton Beach 36
and Palm Beach County First Responders related to the PSAP (Public Safety Answering Point), 37
a copy of said Interlocal Agreement is attached hereto and made a part here as Exhibit “A”. 38
Section 3. That this Resolution shall become effective immediately upon passage. 39
PASSED AND ADOPTED this _____ day of December, 2019. 40
CITY OF BOYNTON BEACH, FLORIDA 41
42
YES NO 43
44
City Mayor – Steven B. Grant _____ _____ 45
46
Vice Mayor – Justin Katz _____ _____ 47
48
Commissioner – Mack McCray _____ _____ 49
50
Commissioner – Christina L. Romelus _____ _____ 51
52
Commissioner – Ty Penserga _____ _____ 53
54
55
VOTE ______ 56
ATTEST: 57
58
59
_____________________________ 60
Crystal Gibson, MMC 61
City Clerk 62
63
(Corporate Seal) 64
Page 227 of 1829
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6.M.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
P R O P O S E D R E S O LU TIO N N O . R19-155 - Award RF P # 024-2110-19/RW and authorize the City
Manager to enter into a two (2) y ear c ontract with Beck's Towing & Recovery, I nc . for Towing & Storage
Services.
E X P L AN ATIO N O F R EQ U E S T:
The City of B oy nton Beach is seeking a qualified firm for TOW I NG A ND S TORA GE SERV I C E S .
The Term of the Franchise Agreement will be for two (2) years; Dec ember 15, 2019 through D ec ember 14,
2021 with three (3) one-year renewal options. Renewals require mutual written c onsent.
On October 23, 2019, Proc urement Services opened and tabulated three (3) proposals for RF P # 024-2110-
19/RW for Towing & Storage Servic es. The proposals were reviewed by an evaluation c ommittee which
consisted of representatives from Police, Public W orks, Fire Resc ue and Community Standards. The City
completed its initial evaluation of the written proposals, subjec t to the site visit to c onfirm / c larify description of
storage facility(s), office loc ation and equipment list, which was performed November 15, 2019 and due to
much variance in the pric ing proposals received and some disc repancies in the information provided and the
site visit observations it was determined that further clarification and price verific ation was needed regarding
the proposals. Therefore, Request for Best and Final Offers were solicited 11/15/19 and evaluated on
11/19/19.
The following Overall Average Score Totals are the results of the 11/19/19 B est & Final Offers Team
Evaluation Mtg:
P R O P O S E R S - N AME O F F IR M Priority
Towing Zuccala’s Beck’s
Average Score Total O ption 1-Single
Award Evaluation Points 98.55 76.65 98.5
Average Score Total O ption 2-Two
Awards Evaluation Points 92.95 89.25 86.5
Average Score Total O ption 3-Three
Award Evaluation Points 100.95 89.25 74.9
Franchise
Fee
Options
P riority
Towing Zuccala’s B eck’s
Award
Options
Francise Fee
Option Totals
Single
Award $105,120.00 $82,000.00 $121,096.00 Beck's $121,096.00
Page 234 of 1829
Two
Awards $ 48,240.00 $65,750.00 $ 46,096.00
Priority &
Zuccala's $113,990.00
Three
Awards $ 25,160.00 $27,000.00 $ 11,096.00 All Three $ 63,256.00
I n the event of a tie, RFP # 024-2110-19/RW states the following:
“S E C T IO N V I - E VAL U AT IO N ME T H O D AN D C R IT E R IA
1.0 E VALU ATIO N ME T H O D AN D C R ITE R IA
1.4 TI E P ROP OS A L S
W henever a tie oc curs for the top ranking position, the tie breaker is the highest Franc hise Fee and the
sec ond tie breaker is the size, diversity and c ondition of Tow Contractor ’s Fleet.”
Sinc e Priority Towing & Beck’s are essentially tied, the Evaluation Team is recommending a single award to
Bec k’s, which will result in the Highest Franc hise Fee paid to the City. Further, Beck’s is c urrently providing
the towing servic e and has demonstrated the capability of meeting the need as a single provider of the
service.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? Provide a revenue source as a result
of the Franchise Agreement in the amount of $121,096.00 annually.
F IS C AL IMPAC T: Budgeted This will be a revenue generating contract in the amount of $121,096.00
annually..
ALT E R N ATIV E S: C onsider Option 2 for two awards or Option 3 for three awards, resulting in less total
franc hise fees.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
Page 235 of 1829
AT TAC H ME N TS :
Type Desc ription
Resolution Resolution approving RFP award and Contract to
Becks for Towing & Storage Services
Agreement Becks Signed Towing Agreement
Addendum E X HI B I T C -P alm B ch C ounty Maximum Non-
Consent Tow Rates
Addendum Exhibit D - RFP 024-2110-19-RW for Towing and
Storage - F I NA L 9-16-19
Addendum Exhibit D -Addendum No. 1 - RF P No. 024-2110-
19-RW for Towing and Storage Servic es
Addendum Exhibit D -Addendum No. 2 - RF P No. 024-2110-
19-RW for Towing and Storage Servic es
Addendum Exhibit E - Bec ks Towing Proposal
Addendum Exhibit E- Becks B est & Final Offer RF P No
024-2110-19RW
Addendum Towing RF P 024-2110-19 RW B F O Evaluation
Sc ores
Page 236 of 1829
S:\CA\RESO\Agreements\Award RFP and Towing Contract (2019) - Reso.docx
- 1 -
RESOLUTION NO. R19- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, APPROVING AN AWARD OF RFP # 024-2110-4
19/RW AND AUTHORIZE THE CITY MANAGER TO ENTER 5
INTO A TWO (2) YEAR CONTRACT WITH BECK'S 6
TOWING & RECOVERY, INC. FOR TOWING & STORAGE 7
SERVICES; AND PROVIDING AN EFFECTIVE DATE. 8
9
WHEREAS, on October 23, 2019, Procurement Services opened and tabulated three 10
(3) proposals for RFP # 024-2110-19/RW for Towing & Storage Services; and 11
WHEREAS, the proposals were reviewed by an evaluation committee which consisted 12
of representatives from Police, Public Works, Fire Rescue and Community Standards; and 13
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 14
of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award 15
RFP No. 024-2110-19/RW for “Towing & Storage Services" to Beck’s Towing & Recovery, 16
Inc., and authorize the City Manager to sign a two (2) year Contract with three (3) one-year 17
renewals with Beck’s Towing & Recovery, Inc. 18
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21
being true and correct and are hereby made a specific part of this Resolution upon adoption. 22
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 23
approves the award of RFP No. 024-2110-19/RW for “Towing & Storage Services" to Beck’s 24
Towing & Recovery, Inc., and authorize the City Manager to sign a two (2) year Contract with 25
three (3) one-year renewals with Beck’s Towing & Recovery, Inc., a copy of which is attached 26
hereto as Exhibit “A”. 27
Section 3. That this Resolution shall become effective immediately. 28
29
Page 237 of 1829
S:\CA\RESO\Agreements\Award RFP and Towing Contract (2019) - Reso.docx
- 2 -
PASSED AND ADOPTED this _____ day of December, 2019. 30
CITY OF BOYNTON BEACH, FLORIDA 31
32
YES NO 33
34
Mayor – Steven B. Grant _____ _____ 35
36
Vice Mayor – Justin Katz _____ _____ 37
38
Commissioner – Mack McCray _____ _____ 39
40
Commissioner – Christina L. Romelus _____ _____ 41
42
Commissioner – Ty Penserga _____ _____ 43
44
VOTE ______ 45
ATTEST: 46
47
48
_____________________________ 49
Crystal Gibson, MMC 50
City Clerk 51
52
53
(Corporate Seal) 54
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Palm Beach County
Maximum Non-Consent Towing Rates
Effective March 1, 2017
Rate Type
Rate
Private Property Impound Tow
Class A
Class B
Class C
Class D
No other fees may be imposed for the first 24 hours the vehicle is in the
care, custody and control of the towing operator, except: a) applicable
storage fees may be charged after the proper police authority has been
notified and the vehicle has been in the possession of the towing operator
for at least 6 hours and b) “extra time at scene” when a law enforcement
agency is called/involved and when the officer’s name and badge number
and detailed explanation is provided.
Flat Rate $123
Flat Rate $217
Flat Rate $308
Flat Rate $308
Police Directed Tow
Class A
Class B
Class C – applies to non-commercial vehicles only
Class D – applies to non-commercial vehicles only
$167
$248
$370
$530
Per mile fee for Police Directed Tow
Class A
Class B
Class C
Class D
$7.50
$8.50
$10.00
$12.50
Daily outdoor storage - vehicles 25' or less after first 6 hours
$25
Daily outdoor storage – vehicles longer than 25' after first 6 hours
$35
Daily outdoor storage - motorcycles, ATV=s, scooters, other small
personal vehicles after first 6 hours.
$15
*Daily indoor storage - vehicles 25' or less after first 6 hours.
$35
*Daily indoor storage - vehicles longer than 25' after first 6 hours.
Applies to non-commercial vehicles only.
$50
*Daily indoor storage - motorcycles, ATV=s, scooters, other small
personal vehicles after first 6 hours.
$20
Page 253 of 1829
Palm Beach County
Maximum Non-Consent Towing Rates
Effective March 1, 2015
Page 2 of 2
Rate Type
Rate
Drop Charge – When the vehicle/vessel owner or authorized
driver/agent arrives at the scene prior to the vehicle/vessel being removed
or towed from the property, the vehicle/vessel shall be disconnected from
the towtruck and the vehicle/vessel owner or authorized driver/agent shall
be allowed to remove the vehicle/vessel without interference upon
payment of a reasonable service fee of not more than one-half of the
posted rate for such towing service.
One-half of
the posted rate
for such
towing service
Administrative/Lien Fee - after 24-hours, from time of police report.
Must show proof that lien letter(s) have been prepared with appropriate
names/addresses included and that fees have been expended.
$50 Maximum
flat fee
After Hour Gate Fee – may not be applied between the hours of 8
a.m. and 6 p.m. Monday through Friday (excluding federal holidays) and
not for 6 hours after a vehicle has been impounded all other times when:
a. Impounded vehicles/vessel are recovered by the owner or
authorized driver/agent; or
b. The owner or authorized driver/agent wishes to recover property
from an impounded vehicle/vessel.
$35
Extra Time at Scene - First one-half hour to be included in the
initial cost per call. Charges are 15 minute intervals. All extra
time/labor shall be documented by the towtruck operator and shall
include the name of the law enforcement agency and the law
enforcement agency case number or the officer’s name and badge
number. The documentation shall also include a detailed explanation
of the services rendered which necessitated the charges and if
possible photographs of the scene.
25% of
applicable
towing fee in 15
minute intervals.
Underwater Recovery - Performed by a certified/ professional
diver with the written documentation and approval by the
investigating law enforcement agency/ officer.
$100 plus cost
per hour
(port-to-port)
Hazardous material clean-up and disposal as required, mandated
and/or licensed through state or local laws and approved by the
investigating law enforcement agency/officer.
Towing
Company
prevailing rates
The above maximum rates are not mandated by Palm Beach County, but they
cannot be exceeded.
R:\Consumer Affairs\TOWING\2016 MaximumNonConsentTowRates.docx
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REQUEST FOR PROPOSALS
FOR
TOWING AND STORAGE SERVICES
RFP No.: 024-2110-19/RW
RFP DUE DATE: OCTOBER 09, 2019
RFP CLOSING TIME: 2:30 P. M. (LOCAL TIME)
CITY HALL, FINANCE/PROCUREMENT SERVICES
Page 255 of 1829
The City of
Boynton Beach
America’s Gateway to the Gulf Stream
2
REQUEST FOR PROPOSALS
FOR
TOWING AND STORAGE SERVICES
RFP No.: 024-2110-19/RW
Sealed RFP’s will be received in Procurement Services, City of Boynton Beach, 3301
Quantum Blvd., Suite 101, Boynton Beach, Florida 33426 on or by: OCTOBER 09, 2019 No
Later Than 2:30 P.M. (Local Time).
ATTENTION ALL INTERESTED RESPONDENTS
Copies of this solicitation package may be obtained from Demandstar at Onvia at
www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City’s
solicitations through electronic download. If you prefer that a copy be mailed via U.S.P.S.,
please contact the City’s Procurement Division at (561) 742-6322. Respondent(s) who obtain
copies of this solicitation from sources other than Demandstar or the City’s Procurement
Services Division may potentially risk not receiving certain addendum(s) issued as a result of
the solicitation.
One (1) original, so designated and four (4) copies along with one (1) electronic copy
on a USB thumb drive, for a total of six (6) submittals of the response shall be submitted
in one sealed package clearly marked on the outside: “RFP NO. 024-2110-19/RW – TOWING
AND STORAGE SERVICES” and addressed to: City of Boynton Beach,
Finance/Procurement Services, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426
RFP’s received after the assigned date and time will not be considered. The Procurement
Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton
Beach is not responsible for the U.S. Mail or private couriers with regard to mail being
delivered by a specified time so that an RFP can be considered. If no award has been made,
the City reserves the right to consider RFP’s that have been determined by the City to be
received late due to mishandling by the City after receipt of the RFP.
Page 256 of 1829
City of Boynton Beach
RFP No. 024-2110-19/RW
3
PUBLIC RECORDS DISCLOSURE
Pursuant to Florida Statutes §119.07, sealed bids or proposals received by the City in response
to an invitation to bid are exempt from public records disclosure requirements until the City
provides a notice of decision or thirty (30) days after the opening of the proposal/bid. If the City
rejects all bids or proposals submitted in response to an invitation to bid or request for proposals
and the City concurrently provides notice of its intent to reissue the competitive solicitation, the
rejected bids or proposals remain exempt from public records disclosure until such time as the
City provides notice of a decision or intended decision concerning the competitive solicitation or
until the City withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt
for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or
replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office.
Documents may be inspected without charge, but a charge will be incurred to obtain copies.
LOBBYING / CONE OF SILENCE
Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm
Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence
shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain
in effect until City Commission awards or approves a contract, rejects all bids or responses, or
otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no
proposer or its agent shall directly or indirectly communicate with any member of City Commission
or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton
Beach in relation to the award of a particular contract or member of the Selection Committee in
reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section
2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may
serve as grounds for disqualification for award of contract to the proposer. Further, any contract
entered into in violation of the cone of silence shall render the transaction voidable.
The cone of silence shall not apply to oral communications at any public proceeding, including
pre-bid conferences, oral presentations before Selection Committees, contract negotiations
during any public meeting, presentations made to the City Commission, and protest hearings .
Further, the cone of silence shall not apply to contract negotiations between any employee and
the intended awardee, any dispute resolution process following the filing of a protest between the
person filing the protest and any employee, or any written correspondence with Boynton Beach
as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not
apply to any purchases made in an amount less than the competitive solicitation threshold set
forth in the Purchasing Manual.
Any questions relative to any item(s) or portion of this bid should be directed to Randy Wood,
Purchasing Manager; Telephone: (561) 742-6322, E-mail: woodj@bbfl.us
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INTENT / SCOPE OF SERVICES
The City of Boynton Beach is seeking to establish a two-year franchise agreement, with three (3)
one-year renewal options with qualified towing contractors to provide towing and storage services
in accordance with the terms, conditions, and specifications of this Request for Proposal.
Renewals require mutual written consent.
RFP documents are available online through DemandStar by Onvia at: www.demandstar.com
Upon request, documents will be e-mailed.
Contact: CITY OF BOYNTON BEACH PROCUREMENT SERVICES
3301 Quantum Blvd., Suite 101
Boynton Beach, Florida 33426
Randy Wood, Purchasing Manager
Telephone: (561) 742-6322; Email: woodj@bbfl.us
Office Hours: MONDAY – FRIDAY, 8:00 A.M. to 5:00 P.M.
CITY OF BOYNTON BEACH
Tim W. Howard
Assistant City Manager - Administration
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TABLE OF CONTENTS
REQUEST FOR PROPOSALS
FOR
TOWING AND STORAGE SERVICES
RFP No.: 024-2110-19/RW
Section I Submittal Information ....................................................................................... 6
Section II General Information ....................................................................................7- 8
Section III Minimum Eligibility Requirements / Qualifications ..................................... 9 - 11
Section IV Scope of Services. ................................................................................. 11 - 22
Section V Franchise Fee and Agreement. ..................................................................... 22
Section VI Evaluation Method and Criteria. ............................................................. 23 - 24
Section VII Instructions for Preparing Proposals ....................................................... 25 - 40
General Conditions. ................................................................................................... 41 - 47
Proposer Acknowledgement ............................................................................................. 48
Addenda. .......................................................................................................................... 49
Franchise Fee Proposal Form. ......................................................................................... 50
Statement of Qualifications ........................................................................................ 51 - 52
Reference Form ............................................................................................................. .53
Anti-Kickback Affidavit ...................................................................................................... 54
Non-Collusion Affidavit .................................................................................................... 55
Confirmation of Minority Owned Business ........................................................................ 56
Confirmation of Drug-Free Workplace .............................................................................. 57
Acknowledgement of PBC Inspector General. .................................................................. 58
Local Business Status Certification Form……………………………………………………....59
Scrutinized Companies Form……………………………………………………………….60 -61
Schedule of Subcontractors ............................................................................................. 62
Statement of No Submittal ............................................................................................... 63
“DRAFT” Professional Services Agreement. ........................................................... .64 – 73
ATTACHMENT A - ARTICLE_VIII. TOW_TRUCKS _ PBC Ordinance - Chapter 19
ATTACHMENT B – Maximum Non-Consent Tow Rates
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REQUEST FOR PROPOSALS
FOR
TOWING AND STORAGE SERVICES
RFP No.: 024-2110-19/RW
Section I – SUBMITTAL INFORMATION
A. The City of Boynton Beach will receive RFP responses until OCTOBER 09, 2019, no later
than 2:30 P.M. (LOCAL TIME) in Procurement Services located at 3301 Quantum Blvd., Suite
101, Boynton Beach, Florida 33426.
B. Any responses received after the above stated time and date will not be considered. It shall
be the sole responsibility of the qualifier to have their RFP response delivered to
Finance/Procurement Services for receipt on or before the above stated time and date. It is
recommended that responses be sent by an overnight air courier service or some other
method that allows for tracking and delivery confirmation. RFP responses that arrive after the
above stated deadline as a result of delay by the mail service shall not be considered, shall
not be opened at the public opening, and arrangements shall be made for their return at the
qualifier’s request and expense. The City reserves the right to consider submittals that have
been determined by the City to be received late due solely to mishandling by the City after
receipt of the RFP and prior to the award being made.
C. If any addenda are issued to this RFP, the City will attempt to notify all prospective proposers
who have secured same, however, it shall be the responsibility of each proposer, prior to
submitting the RFP response, to contact Finance/Procurement Services at (561) 742-6322 to
determine if any addenda were issued and to make any addendum acknowledgements and
comply with the requirements of each addendum as part of their RFP response.
D. One (1) original, so designated and four (4) copies along with one (1) electronic copy
on a USB thumb drive, for a total of six (6) submittals of the RFP response, shall be
submitted in one sealed package clearly marked on the outside “RFP No. 024-2210-19/RW
TOWING AND STORAGE SERVICES”, and addressed to: City of Boynton Beach,
Finance/Procurement Services, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426.
E. Responses shall clearly indicate the legal name, address and telephone number of the
proposer (firm, corporation, partnership or individual). Responses shall be signed above the
typed or printed name and title of the signer. The signer shall have the authority to bind the
proposer to the submitted RFP. Proposers must note their Federal I.D. number on their RFP
submittal and include a copy of their W -9.
F. All expenses for making RFP responses to the City are to be borne by the proposer.
G. A sample draft contract that the City intends to execute with the successful firm is contained
in this Request for Proposal for review. The City reserves the right to modify the contract
language prior to execution. The scope of services will closely tr ack the scope of work
detailed in Section II of this Request for Proposal.
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Section II – GENERAL INFORMATION
2.1 DEFINITIONS
For the purposes of this Request for Proposal, "proposer" shall mean contractors, consultants,
proposers, organizations, firms, or other persons submitting a response to this Request for Proposal.
Vehicle means any mobile item which normally uses wheels, whether motorized or not. Vessel
means every description of watercraft, barge, and airboat used or capable of being used as a means
of transportation on water. Throughout the document, reference to Vehicle shall also refer to vessel.
Reference to Palm Beach County Towing Ordinance 2011-004 shall mean the most current towing
Ordinance in effect inclusive of County amendments.
2.2 CONTRACT AWARDS
The City anticipates entering into a contract with the proposer(s) who submit the proposal(s)
judged by the City to be most advantageous to the City in terms of service and franchise fees. The
City reserves the right to make multiple awards.
The proposer understands that this RFP does not constitute an offer or a contract with the CITY. A
contract shall not be deemed to exist and is not binding until proposals are reviewed and accepted
by appointed staff, the best proposal has been identified, negotiations with the Proposer have been
authorized by the appropriate level of authority within the City, an Agreement has been executed by
parties and approved by the appropriate level of authority within the City.
In the event the parties are unable to negotiate terms acceptable to the City, the City may determine
to negotiate the offer of the next most responsive and responsible Proposer determined by the
selection committee, or it may re-solicit proposals.
The City reserves the right to reject all proposals, to waive non-material errors in the proposal,
to abandon the project and to solicit and re-advertise for other proposals.
2.3 TERM
The Term of the Franchise Agreement is two (2) years; December 15, 2019 through December 14,
2021 with three (3) one-year renewal options. Renewals require mutual written consent.
2.4 DEVELOPMENT COSTS
Neither the City nor its representatives shall be liable for any expenses incurred in connection with
preparation of a response to this RFP. Proposers should prepare their proposals simply and
economically, providing a straightforward and concise description of the proposer's ability to meet
the requirements of the RFP.
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2.5 INQUIRIES
Interested proposers may submit written inquiries regarding questions about the proposal to Randy
Wood, Purchasing Manager, by e-mail: woodj@bbfl.us, or by telephone (561) 742-6322.
Purchasing Services will also receive written requests for clarification concerning the meaning or
interpretations of this RFP, until: SEPTEMBER 26, 2019, 4:00 P.M.
The City may record its responses to requests for clarification or interpretation and issue any
supplemental clarification, interpretation or instructions in the form of written addenda. Onvia
Demandstar will e-mail notification of written addenda before the date fixed for receiving the
proposals. Proposers will contact the City to ascertain whether any addenda have been issued.
Failure to do so could result in an unresponsive proposal. Any oral explanation given before the RFP
opening will not be binding upon the City and should be disregarded.
All proposers are expected to carefully examine the proposal documents and the County towing
Ordinance (regulations). Any ambiguities or inconsistencies should be brought to the attention of
the City through written communication with the City prior to the opening of the proposals per the
deadline dates identified above.
2.6 SELECTION PROCESS
Evaluation of proposals will be conducted by an evaluation committee of City staff as further
outlined in Section VI of the RFP.
The committee may utilize a subcommittee to perform site visits to confirm / clarify description of
storage facility (s), office location and equipment list. City committee shall be authorized to take
photographs.
The best qualified, responsive, responsible proposer(s) resulting from this process will be
recommended for award and negotiations with the proposer(s) will be conducted with
representatives from the City. Award recommendation will be presented to City Commission for
approval as a Franchise Agreement.
Respondents will be ranked in order as determined by the selection committee of being best qualified
based on the considerations listed in the evaluation criteria. Award sequence will be based on the
established ranking.
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Section III - MINIMUM ELIGIBILITY REQUIREMENTS / QUALIFICATIONS
1.0 Minimum Eligibility Requirements / Qualifications for Performing the Scope of Work
Contractor shall meet or exceed the requirements identified herein in order to be considered
for evaluation by the City of Boynton Beach. Failure to meet any of the requirements will
result in the RFP response being considered non-responsive and will not be considered.
Contractor is responsible for meeting the minimum eligibility requirements during the entire
term of the contract. Failure to maintain minimum eligibility requirements constitutes material
default under the terms of the franchise agreement and will, at the option of the City result in
forfeiture of the franchise.
Contractor shall operate and maintain a business office within the City Limits and possess
an appropriate Business Tax License.
Contractor shall not be delinquent in any amounts due to the City, including money owed
the City from previous franchise agreement.
2.0 Minimum Equipment Eligibility
At a minimum, Contractor shall own or lease four (4) Class “A” Towing/Recovery Vehicles
and two (2) Class “B” Towing/Recovery Vehicles in their fleet at time of RFP opening to be
considered as a responsive bidder.
Definition of Vehicle Class specifications (A, B, C, D) shall be per Palm Beach County
Ordinance Ord. No. 2011-008, §§ 1—28, adopted May 17, 2011; Sec. 19-183. - Tow truck
class specifications.
Additionally, Contractor shall, within forty-five days of award and prior to execution of Towing
Franchise Agreement, and as a condition precedent to engaging in towing activities in the
City, own or have under lease or joint use agreement the following:
Option I – Single Provider: One Class “C” Towing/Recovery Vehicle and One
Class “D” Towing/Recovery Vehicle;
Option II – Two Providers: One Class “D” Towing/Recovery Vehicle
Option III – Three Providers: One Class “D” Towing/Recovery Vehicle
At time of RFP submittal, contractor shall provide information that contractor shall have
access through subcontract, lease, or joint use agreement, to one Lowboy with capabilities
to transport all large-scale City vehicles (Fire Rescue Trucks and Solid Waste Trucks)
weighing approximately 64,000 lbs. The Lowboy shall have: air ride suspension, power
winch, pulling capability of 12,000 lbs. minimum for dead pull, air brakes with auxiliary air
supply and shall be a minimum of 48’ long.
All wrecker equipment shall have a current Palm Beach County Towing Operator Permit and
a valid Inspection Approval Decal on the equipment.
3.0 Minimum Storage Eligibility
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The Contractor shall operate, maintain and provide a secured storage facility(s) for
impounded and confiscated vehicles. Storage facility may not be subcontracted. The
storage area must have a durable surface, properly drained and enclosed. No repair work
or servicing of vehicles shall be permitted in the storage area. Inside storage to handle a
minimum of fifteen (15) vehicles, properly spaced to provide access for removal or addition
of vehicles.
The City desires to have a minimum of 100 vehicle spaces available for outside storage,
properly spaced to provide access for removal or addition of vehicles. Proposers bidding
on the following options must have minimum spaces available at time of proposal as stated
below:
Option I - Single Provider: Minimum 100 spaces
Option II - Two Providers: Minimum 50 spaces each
Option III – Three Providers: Minimum 35 spaces each
All indoor storage must be located within City limits. Contractor shall maintain a minimum
of fifteen (15) outdoor storage spaces on site with Office Operations and must be located
in the City limits. Location of the remainder of outside storage site(s) shall not exceed a
distance of ten (10) miles from any City boundary.
Crime Scene Storage facility for vehicles which have been marked “HOLD” by the City of
Boynton Beach Police Department relative to a crime scene investigation shall be stored
at an inside secured facility within the City limits.
Contractor may operate multiple storage facilities to meet the minimums.
The Contractor shall provide on a 24-hour basis, attendants and sufficient equipment for
immediate response to calls for service at the storage location(s) from the City of Boynton
Beach Police Department or other Departments.
Storage location sites shall not be changed unless prior written approval is received by
the City of Boynton Beach.
Storage location site shall meet or exceed Palm Beach County Towing Ordinance 2011-
008 requirements and all applicable City/County zoning requirements.
4.0 Communication Standard
The Contractor shall have a 24 hour telephone number answered by an individual
employed by the Contractor (no phone service or other similar sub-contracted services)
that has the ability to dispatch a tow truck and towing services. Contractors call
taker/dispatcher shall have access to two-way radio communication from the Contractor’s
base station to their service trucks. Telephone number shall be answered at either the
Office Facility or a Storage location for onsite dispatching between the hours of 8:00 a.m.
and 6:00 p.m., Monday through Friday. No forwarding of numbers or use of call forwarding
to cell phones is allowed during the above stated hours. After hours, weekends, and
holiday calls shall be handled in accordance with PBC Tow Ordinance 2011-008, §§ 1—
28, adopted May 17, 2011.
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5.0 Experience Minimum
Contractor must be regularly engaged in the towing business and shall have operated
under the name used for this submittal a minimum of one year and shall have obtained an
operating Permit from Palm Beach County for a minimum of one year. One-year time
frame shall be calculated from RFP closing date.
Proposer should be primarily engaged in towing services. Business interests in
automotive/truck repairs, paint and body, salvage, junkyard, or recycling business must
be disclosed.
Section IV – SCOPE OF SERVICES
1.0 Scope of Work
The Contractor will supply the City of Boynton Beach towing services. The Contractor will
be required to enter into a Franchise Agreement with the City. Contractor should be primarily
engaged in towing services. Business interests in automotive/truck repairs, paint and body,
salvage, junkyard, or recycling business must be disclosed.
1.1 Towing Services
The Contractor will provide twenty-four (24) hour towing services, 365 days per year.
1.1.1 Towing – Police Directed for vehicles / vessels incapacitated as a result of
an accident or involved in a crime and the owner cannot or will not secure the
services of his/her own towing service.
Continuous Tow - If a vehicle is towed to the Police Department sally port for
investigative reasons, the second tow to the storage facility will be considered part
of the original tow making it one towing event if it is within a five-day period.
The Contractor will be given first call for all wrecker services requested by the City
unless a motorist makes a specific request for another wrecker. The City reserves
the right to request another wrecker service in an emergency situation or allow the
Contractor to subcontract if required. The Contractor shall charge for the tow and/or
storage of any vehicle directly to the owner or operator thereof, and not to the City, in
accordance with the most current Palm Beach County Rate Schedule as approved
by Palm Beach County Ordinance. Vehicles towed and/or stored under the
provisions of this contract shall only be taken to the approved storage location or to
a location approved by the owner for a non “Hold” vehicle. Towing, paperwork
processing and use of the most recent Palm Beach County Towing Ordinance
Storage Fees are set forth herein.
1.1.2 Towing – City directed for City vehicles / vessels
The Contractor shall tow any City vehicle in need of a tow upon the request of the
Fleet Maintenance Supervisor or his designee. Towing of City vehicles and/or
vessels shall be at no charge to the City. Towing of City vehicles outside
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Palm Beach County shall be in accordance with mileage schedule provided in PBC
Tow Ordinance 2011-008. The Contractor shall provide free roadside service for
all Class “A” and Class “B” City fleet vehicles that are disabled and present a safety
concern. Towing of vehicles for City convenience shall be paid by the City.
No vehicle will be towed from any location within the City limits without a tow
receipt completed by a Police Supervisor or designee prior to the Contractor taking
possession of the vehicle.
1.2 Storage Services
1.2.1 Storage – Police Directed Tow, Contractor Performs the Tow
Contractor shall provide secured inside and secured outside storage facilities and
charges for the storage and processing of the impound shall be in accordance with
Palm Beach County Towing Ordinance 2011-008.
1.2.2 Storage – City directed for City vehicles / vessels
Storage of City vehicles shall be at no charge to the City.
1.2.3 Storage – City directed for vehicles / vessels confiscated by the Police or Fire
Rescue Department
Storage of confiscated vehicles / vessels shall be at no charge to the City. The City
reserves the right to require inside or outside storage.
2.0 Technical Specifications / Service Requirements
2.1 Adherence to Palm Beach County Operating Permit Regulations.
The Contractor shall adhere to the Palm Beach County Operating Permit Regulations as
defined in the most current Palm Beach County Towing Ordinance.
Except as otherwise noted, all provisions of the Palm Beach County Ordinance 2011-008,
as amended shall apply.
In the event of conflict between the City of Boynton Beach RFP and the Palm Beach
County Towing Ordinance, the City of Boynton Beach requirement shall prevail.
2.2 Towing Rates and Storage Rates
Rates that may be charged by the Contractor for Towing and or Storage shall be in
accordance with the Palm Beach County Towing Ordinance 2011-008. No other separate
rates or fees may be charged. Charges may only be charged for services as detailed in
the Scope of Work, Item 1.0.
No towing service mileage charges shall be imposed on vehicle owners to transport
vehicles from one storage facility to another approved storage facility. The use of a
multiple approved storage facilities is for the convenience of the Contractor.
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2.3 Response Time
The Contractor shall respond within thirty (30) minutes from notification with appropriate
towing equipment to handle a towing call requested by any authorized representative of
the City.
The Contractor assumes all liability in meeting the required response time including, but
not limited to, all damages resulting from traffic accidents and motor vehicle infraction
fines. The City will conduct periodic reviews of response time to verify that the Contractor
is in compliance.
The following late fees shall apply to the Contractor, for failure to respond within the thirty
(30) minute time frame during each contract year:
A. Third Offense: A certified letter of warning.
B. Fourth Offense: $250.00 late fee.
C. Fifth Offense: $350.00 late fee or suspension, at the City's option.
D. Any further Offense: $500.00 late fee, or termination, at the City's option.
If the Contractor can show extenuating circumstances beyond their control, Contractor
may appeal a fine or suspension and submit to the City Manager clearly detailing
extenuating circumstances beyond their control – i.e. hurricane debris, weather conditions,
railroad crossing closed. Written appeal shall be submitted to the City within 5 days of
offense letter from the City.
2.4 Service Call Cancellation
The City reserves the right to cancel a request for services of the Contractor at any time,
including up to the time of hook-up. The Contractor shall agree that the mere response to
a service call scene without other action does not constitute a service call for which
charges are applicable. Charges shall be as detailed in item 2.2.
2.5 Site Clean-up
The Contractor when towing vehicle(s) from the scene of an accident, will be responsible
for removing from the street all broken glass and other non-hazardous matter cleanup that
may be in the street as a result of the accident. The cost of such normal accident cleanup
shall be included in the basic towing rate and no separate charge made to the City or
vehicle owner. In the event the accident creates a major oil or fuel spill, or other unusual
circumstance that requires additional Contractor staff or equipment, the cost of such staff
or equipment shall be charged to the vehicle owner as complications. However, the owner
of the vehicle may be charged according to rate schedules included in this agreement for
clean-up of hazardous wastes, chemicals, construction debris and spilled loads. The
Contractor will remove from the site, any hazardous debris, spilled petroleum products, or
volatile items, unless conditions warrant that the City Fire Department render assistance,
as determined by hazardous materials response team. (Usually 10-15 Gallons of
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material.) All items shall be removed and disposed of in compliance with D.E.P. guidelines
and amendments thereof.
2.6 Office Facility
a. Office Facility must be located within City limits. A Business Tax License must be
maintained for the office facility. Office Facility shall be ADA accessible in
accordance with Federal ADA guidelines and laws.
b. Includes telephone, fax machine and ability to communicate with the City through
email.
c. Twenty-four-hour communication system as required in Part II, Item 4.0 –
Communication standard minimum eligibility requirements/qualifications.
d. Maintain records for vehicle storage receipts for each vehicle impounded under
the contract.
e. Maintains copy of all paid invoices.
f. Maintains log of calls for service.
g. Maintains a notification log indicating date, time and method of notification.
h. Maintains a log containing all vehicles which have remained unclaimed for thirty
days or more as a result of a City directed tow.
2.7 Designated Storage Location for Crime Scene “HOLD” vehicles
City of Boynton Beach Police may designate vehicles to be placed on “HOLD”. All “HOLD”
vehicles shall be stored at Contractor’s secured storage facility. No vehicle will be held
without a supervisor’s authorization.
Pursuant to Florida State Statute 323.001(2.b); if the Boynton Beach Police Department
chooses to have a vehicle remain at the contractor’s storage facility beyond five (5) days,
excluding holidays and weekends, a “Written Notice of Extended Hold” must be completed
and provided to the contractor. When the vehicle is ready to be released a Vehicle Hold
Release document must be completed and provided to the contractor. The contractor is
not responsible for vehicles being released due to insufficient/inaccurate documentation
by the Police Department for HOLDS.
Any vehicle towed and stored as a result of the marked “HOLD” relative to a crime scene
investigation shall be handled with rubber gloves, by the wrecker operator.
Crime scene vehicles shall be stored to prevent physical contamination or degradable
evidence from deteriorating by inside secured storage or when approved by the Police
Officer, coverage of the vehicle with tarpaulin type covers, or their equivalent for outside
storage.
If laboratory work on a crime scene vehicle must be processed at the City of Boynton
Beach Police Headquarters or other designated site, the crime scene vehicle shall be
transported at no charge to the City.
2.8 Reports
2.8.1 All inventory records of personal property in the vehicles which have been
towed shall be made in duplicate, and signed by the Contractor or its agent. One
copy shall be maintained by the Contractor as a permanent record and one copy of
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the inventory shall be available to the owner/operator. Upon request of the
owner/operator, specific inventoried items shall be stored in an appropriate locked
room and the location change noted on the permanent inventory record.
Contractor shall prepare a report detailing each vehicle that received services
pursuant to this Agreement which has remained on the Contractor's storage facility
for a period in excess of thirty (30) days. The Contractor, immediately upon
impounding or removing any vehicle, shall prepare, without charge, a written report
of the description of the vehicle, which report shall include:
a. Make & Model of the vehicle to include Vehicle #, and Police case # when
applicable
b. License Number
c. Vehicle Identification Number
d. Name, Address & Phone Number of Towing Service
e. Towing Charges
f. Storage Charges
g. Facility to Which Vehicle Was Towed
2.8.2 Any vehicle that is not claimed within thirty (30) days of the towing of such
vehicle shall be reported in writing to the City.
2.8.3 Contractor shall submit to the Police Department, by the 15th of each
month for the previous month the following reports. The form of the reports shall
be determined by the Contractor, but are subject to the approval of the City.
A. Towing Activity Report, to include for each and every tow:
1. Date of tow.
2. Service call number assigned by City.
3. Type of tow such as accident, parking, abandoned, City vehicle, etc.
3.0 Personnel
3.1 The Contractor shall dispatch qualified and trained employees for all City tow
requests. The Contractor shall agree to have in its personnel file, a D.M.V. report on each
driver that it updates annually. Contractor agrees to ensure that all drivers possess a valid
commercial driver’s license in accordance with the Commercial Motor Vehicle Safety Act
of 1986. All drivers used on City calls shall be uniformed, clean, courteous, sober and
competent in operating skills and communicate in English with the Cit y contact person.
Contractor agrees to be responsible for such drivers. All Contractor's employees, dealing
with the public under this contract, shall be identified by name through the use of a name
tag or embroidered name on his or her uniform.
3.2 Contractor agrees that the owners of the company, or officers if a corporation, shall
be held fully responsible, except as otherwise prohibited by law, for acts of their employees
while on duty.
3.3 The Contractor agrees to maintain and upon request provide the following
information to the City on all officers, employees, agents, and servants, and be responsible
for keeping the information accurate and current: Name, Address, Date of Birth, Driver’s
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License Number, Social Security Number, and Photograph.
3.4 The Contractor agrees to conduct operations under this Agreement in a courteous,
orderly, ethical and businesslike manner. As this contract is very sensitive in nature and
requires the Contractor, and Contractor's personnel to deal with the public on a daily basis,
Contractors are required to extend common courtesies such as:
A. Expedite release of the vehicle in accordance with the terms of this Agreement.
B. Assist the vehicle owner in retrieving documents from the vehicle to establish
ownership.
C. Allow the owner to remove the auto tag and any unattached personal possessions.
D. Explain fully and politely the reason for the tow and all charges levied.
E. If a dispute occurs, Contractor shall attempt to resolve the dispute promptly and
politely. If it cannot be resolved satisfactorily, the dispute shall be reported to the
Police Department no later than the next business day.
4.0 Business Operations
4.1 Benefit from Repair
The Contractor or any Agent shall not solicit to provide or make referrals for vehicle repair,
paint and body, salvage, junkyard or recycling business directly or indirectly for any vehicle
towed pursuant to this Agreement. The Contractor shall not engage directly, or indirectly
without prior written City approval, in the automotive or truck repair, paint and body,
salvage, junkyard, or recycling business. If the Contractor has any interest in automotive
or truck repair, paint and body, salvage, junkyard, or recycling businesses, he shall so
state in his proposal, and list the specifics. If during the term of the contract, including any
option terms, Contractor acquires an interest in automotive or truck repair, paint and body,
salvage, junkyard, or recycling businesses, he shall immediately notify the City in writing.
Failure to do so could result in termination for cause.
In accordance with Florida Statute 119 & 316, Contractor shall not release the names,
addresses or other similar information of owners of vehicles damaged in accidents to firms
such as body, repair, and paint shops unless so authorized in writing by the vehicle owner.
4.2 Subcontracting
4.2.1 Any use of subcontractors will be at the City's sole option, and use of
subcontractors must be preceded by receipt of written City approval and be subject
to the following conditions:
A. Subcontracting shall be allowed for recovery and towing only.
Subcontracting shall not be used to meet the minimum equipment
requirements. Subcontracting is for unforeseen circumstances and not for
storage operations except abandoned or derelict "dead" vehicle storage.
B. All towing and recovery vehicles shall only be identified by Contractor's
name, address of principal compound, and telephone number. No
subcontractor identification shall be allowed.
C. Subcontractors may only be used with City permission for critical accident,
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unforeseen events, emergencies, or street blockage calls.
D. Contractor shall be held fully responsible for subcontractor's performance,
and insurance coverage.
E. City reserves the right, at its sole option, to withdraw approval of a particular
subcontractor by giving the Contractor written notice.
F. If an emergency situation is declared by authorized City staff at the
scene, that officer or staff person may waive written pre-approval and
requirement.
4.2.2 The City reserves the right to reject any proposed subcontractor on the
grounds of incompetency, collusion, failure to perform satisfactorily on previous work,
financial instability or dishonesty. When the list of subcontractors is approved it shall
become a part of the contract documents and no deviation shall be allowed from that
list without the written consent of the City's Representative.
4.3 Company’s Liability/Protection of Vehicles and Property
4.3.1 The Contractor's liability for any vehicle/vessel towed and all property
contained therein will commence with the time the wrecker is hooked onto the
towed vehicle.
4.3.2 The Contractor will have his employee, representative or agent, complete
a Vehicle Storage Receipt (Tow Slip) for each towed vehicle. One copy shall be
maintained by the Contractor as a permanent record; one copy will be given to the
owner or operator of the vehicle being towed (if known) or placed inside the vehicle.
4.3.3 The Vehicle Storage Receipt shall contain the following information:
A. Make of vehicle and type to include the vehicle # and Police Case #.
B. License number and VIN number.
C. A list of all personal property contained in the vehicle to be towed.
D. General description of the vehicle as to the condition, damaged parts
(identified in detail), missing parts, and such other information as may be
necessary to adequately describe the vehicle.
E. Any extra waiting time or Hazardous Waste charges authorized by officer
at the scene.
4.3.4 The Contractor shall be solely liable and responsible to the owner or legal
entity entitled to lawful possession for all personal property in any vehicle towed
under the authority of this contract. In the event of a complaint of missing items
from the vehicle, the Contractor will cooperate with the Police investigator in an
investigation pertaining to the missing items, which will include making the wrecker
driver or lot personnel available to the Police investigator.
4.3.5 The Contractor shall be responsible for the safekeeping of and shall be
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accountable to the owner of the vehicle for all personal property, vehicle
accessories, as well as for the vehicle stored within the storage facilities of the
Contractor. Personal property contained in vehicle(s) which are removed and
stored by the Contractor shall NOT be disposed of by the Contractor to defray any
charges for towing or storage of vehicle(s) and such property must be returned to
the owner or other person legally entitled to lawful possession of the vehicle upon
request and without regard to any fees owed by such person or legal entity.
The Contractor agrees to replace any such articles(s) upon verification of the loss
by the designated investigative agency representing the City of Boynton Beach or
Palm Beach County as per Florida Statutes
4.4 Releases
The Contractor shall directly release any vehicle, which has not been marked “HOLD”
providing the proper proof of identification, and ownership is presented. Any vehicle
towed, which is marked “HOLD”, cannot be released without written authority from the City
of Boynton Beach Police Department. The Contractor shall release any vehicle towed in
at the request of the Police Department only to the person whose name appears on the
title or registration certificate or to the authorized agent of such person.
In the event the Contractor is holding personal property removed from the stored vehicle,
upon its release, the owner or person entitled to possession will sign the Contractor’ copy
of the inventory receipt.
A vehicle seized for forfeiture or held for a crime scene investigation (“HOLD”) pursuant
to the City of Boynton Beach Police Department, shall be stored at such compound for
whatever period of time necessary in order to properly process the vehicle and any
investigation involved at no charge to the City. This process will be governed by F.S.S.
323.001.
4.5 Owner Notification
The Contractor agrees to be responsible for notifying the registered owner or agent of the
whereabouts of the vehicle in accordance with Florida Statute 713. The Contractor agrees
to maintain a log at the place of business listing date, time and method of notification.
4.6 Abandoned and Derelict Vehicles
The Contractor may dispose of equipment to compensate for towing and storage charges
after all responsibilities called for in accordance with Florida Statutes have been adhered
to. Records must be maintained which detail towing, storage and salvage compensation
for City audit purposes.
4.7 Disposal of Vehicles
Unless a “HOLD” has been placed upon the vehicle, disposal of vehicles will be in
accordance with current Florida State Statutes.
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5.0 COMMUNITY STANDARDS TOWING PROCEDURE
A. Purpose.
Standard operating procedure is to be utilized for the removal of vehicles or trailers
deemed to be abandoned, unregistered or wrecked as described in Chapter 10,
Article III, Sections 10-50, 10-51 and 10-52 of the City of Boynton Beach Code of
Ordinances. The towing of these vehicles is to be at no charge to the CITY.
B. Procedure.
1. Tow List.
a. Tow lists will be faxed or e-mailed from the Community Standards
Division directly to the tow contractor during the month as needed. All
tow lists must be returned to the Community Standards Division within
7 days of receipt of the request for tow.
b. Results of the status of each vehicle or trailer will be noted on the list
(i.e. towed, gone-on-arrival, or currently licensed).
c. TOW CONTRACTOR shall supply the name and phone # of the
contact person to the Community Standards Division employee
responsible for the tow list.
d. TOW CONTRACTOR shall be responsible for all administrative
functions governed by Florida Statute including, but not limited to
notification to all vehicle owners and lien holders prior to final
disposition of the vehicle
e. TOW CONTRACTOR’S failure to perform Community Standards tows
shall be subject to penalties as specified in the Agreement.
f. CITY hereby reserves the right to modify schedule or procedure for
Community Standards tows under this section of the Agreement.
6.0 Insurance
Contractor shall maintain and submit proof of insurance. (See attached “Insurance Advisory Form”)
“Attachment A”.
SUBCONTRACTOR’S INSURANCE
The Contractor shall require each of his subcontractors to take out and maintain during the life of his
subcontract the same insurance coverages required of the successful Contractor. Each
subcontractor shall furnish to the successful Contractor two copies of the Certificate of Insurance,
and successful Contractor shall furnish one copy of the Certificate to the City of Boynton Beach.
SUPPLEMENTAL PROVISIONS
1. The insurance coverage and conditions afforded by this policy(s) shall not be
suspended, voided, canceled or modified, except after thirty (30) days prior written
notice by Certified Mail, Return Receipt Requested, has been given to the City of
Boynton Beach’s Risk Management department.
2. Certificates of Insurance meeting the specific required provision specified within this
Contract/Agreement shall be forwarded to the City of Boynton Beach Risk
Management Department, and approved prior to the start of any work or the
possession of any city property.
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7.0 PERFORMANCE
Contractor acknowledges that any complaints received by the City concerning the
performance of the services performed under the Franchise agreement may also be
forwarded by the City to the Palm Beach County Consumer Affairs Division – Towing.
8.0 PERFORMANCE PROBATION PERIOD.
A. A contractor awarded an Agreement will be subject to a three (3) month
probationary period. During this time, the contractor's performance will be
evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the
standards set forth in this Agreement, the City Commission may, upon the
recommendation of City staff, by written notice setting forth the default under the
Agreement terms, revoke the Agreement. If performance is acceptable at the end
of the probationary period described herein, TOW CONTRACTOR will be so
notified by the City.
B. Should the City Commission revoke the Agreement within the three (3) month
probationary period, another Agreement may be awarded to an eligible company
as determined by the City Commission.
8.1 ROLE OF CITY MANAGER AS TO PENALTIES.
The City Manager or designee for CITY shall have the power to formally reprimand TOW
CONTRACTOR, suspend the Agreement, suspend activities of TOW CONTRACTOR
under the terms of this Agreement, conduct appeal reviews, recommend to the City
Commission revocation of the Agreement, and recommend to the City Commission that
this Agreement with TOW CONTRACTOR be terminated.
8.1.1 FORMAL REPRIMAND.
Upon review of materials provided to him/her by City staff, the City Manager or
designee may issue a written reprimand to TOW CONTRACTOR for any act or
omission, which in his/her sole discretion, is deemed to be a violation of this
Agreement. A written reprimand for an act or omission in violation of the terms of
this Agreement shall be grounds for recommending termination of the Agreement
should the City Manager deem such action to be appropriate under the
circumstances.
8.1.2 REVOCATION.
In the event any criteria for qualification established by this Agreement and
Resolution, are violated by a Contractor (TOW CONTRACTOR), CITY may serve
written notice upon tow contractor of the recommended revocation of the
Agreement and/or termination of the Agreement. However, any and all liabilities
of TOW CONTRACTOR and the surety for acts, omissions, or violations occurring
prior to the date of cancellation shall not be affected, waived or otherwise as a
result of the cancellation.
In the event City Manager for CITY recommends revocation of the Agreement
and/or termination of the Agreement with TOW CONTRACTOR, such a
recommendation shall be considered by the City Commission for CITY.
8.1.3 COMPLAINTS AGAINST TOW CONTRACTOR.
TOW CONTRACTOR hereby agrees that any complaints received by CITY
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concerning the performance of TOW CONTRACTOR'S duties under this
Agreement and otherwise shall be referred to the City Manager of the City of
Boynton Beach. The failure of TOW CONTRACTOR to follow any subsequent
reasonable instruction of the City Manager regarding any complaint will be
considered a material breach of this Agreement and shall be cause for termination
thereof.
8.1.4 REPUTABILITY.
Lack of reputability shall be cause for revocation of an Agreement and shall
include, but not be limited to the following:
A. Misstatements concerning the conviction of any officer, employee or agent
convicted of any felony when that person's civil rights have not been
restored;
B. Retaining any officer, employee or agent convicted of any felony when that
person's civil rights have not been restored;
C. Retaining any officer, employee or agent convicted of any felony or first-
degree misdemeanor directly related to the business and/or operation of a
wrecker, when that person's civil rights have not been restored. For the
purpose of this Agreement, any offense involving perjury, false statement
or theft shall be considered to be directly related to the business operation
of a wrecker.
D. Retaining any officer, employee or agent convicted of the offense of driving
under the influence of alcohol or any other controlled substance to the
extent that normal faculties are impaired; of the offense of driving a vehicle
and having an unlawful blood alcohol level; or of any other criminal traffic
offense.
8.1.5 SUSPENSION
Should at any time during the term of this Agreement, including during any option
terms, the tow contractor be in violation of any of the terms and conditions of this
Agreement, the City Manager or his or her designated agent shall have the right
to suspend the contractor until the violation is resolved to the satisfaction of City
staff. If the violation is not promptly resolved or is of such a serious nature that the
City Manager determines that suspension is inadequate, the City Manager
reserves the right to recommend to the City Commission revocation of the
Agreement and termination of this Agreement with TOW CONTRACTOR for
cause.
Should at any time during the term of this Agreement, including during any option
terms, TOW CONTRACTOR or its principals become the subject of a criminal
investigation, the City Manager shall have the right to suspend TOW
CONTRACTOR'S Agreement pending the outcome of any criminal investigation
and trial, should one result. Upon the conclusion of a criminal investigation that
does not result in criminal charges against TOW CONTRACTOR or its principals,
the City Manager may recommend to the City Commission revocation of the
Agreement and termination of this Agreement with TOW CONTRACTOR, or the
City Manager may lift the suspension, thereby reinstating the Agreement to TOW
CONTRACTOR. If an adjudication of guilt is entered against TOW
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CONTRACTOR at the conclusion of a trial or via plea bargaining with the State,
the City Manager may recommend to the City Commission revocation of the
Agreement and termination of this Agreement with TOW CONTRACTOR or City
Manager may reinstate.
SECTION V - FRANCHISE FEE AND AGREEMENT
FRANCHISE FEE
Contractor shall propose an annual Franchise Fee for all three scenarios as designed on the
proposal page. The proposal page portrays three different options.
• Option I If the City determines that one (1) Contractor will be awarded the
contract for the full Franchise.
• Option II If the City determines that two (2) Contractors would be selected
to participate in the Franchise.
• Option III If the City determines that three (3) Contractors would be selected
to participate in the Franchise.
The Franchise Fee amount proposed will be utilized as part of the evaluation criteria in awarding
the RFP. The amount proposed shall remain firm for the entire contract award period.
The annual Franchise Fee shall be payable in four quarterly payments, in advance and shall be
due on the first business day of the contract quarter. If Franchise Fees are delinquent, a late
charge of $50 shall be applied in addition to interest at the highest rate allowed by current Florida
State Statutes. If the Franchise fee is more than twenty-five (25) days late, Contractor is subject
to suspension or cancellation at the City’s sole option.
The City reserves the right to award to a single contractor, but the City reserves the right to make
multiple awards. In the event multiple awards are made, a negotiated Franchise Fee amount will
be determined.
FRANCHISE AGREEMENT
The awarded contractor will be required to enter into a Franchise Agreement with the City of
Boynton Beach for the right to provide vehicle/vessel towing services and storage for City directed
tows. The term of the Agreement shall run for a two (2) year term, with the option to renew for three
(3) additional one-year periods, subject to cancellation as provided herein.
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SECTION VI - EVALUATION METHOD AND CRITERIA
1.0 EVALUATION METHOD AND CRITERIA
The City’s selection committee will evaluate proposals and will select the proposer which meets the
best interests of the City. The City shall be the sole judge of its own best interests, the proposals,
and the resulting negotiated Agreement. The City's decisions will be final.
The following criteria shall be utilized in the evaluation of the proposals:
GENERAL OVERVIEW
The purpose of the Evaluation Process is to judge the Proposals submitted in response to the
Request for Proposal to establish the most advantageous proposer, further identified as the
highest ranked Proposer. Each proposal will be evaluated by each Selection Committee member
using the procedures outlined herein.
Explanation of most advantageous to the City:
The intent of the RFP process is to evaluate firms against the criteria identified in t he RFP.
The RFP process uses subjective and objective criteria for evaluating the proposers. The
evaluation process is performed by a committee and scoring is done in accordance with this
section of the RFP. Most advantageous refers to the firm that is ranked number 1.
1.1 EVALUATION PROCESS
The committee evaluates and scores all proposals to establish the proposer with the most
advantageous proposal.
The committee may utilize a subcommittee to perform site visits to confirm / clarify description of
storage facility(s), office location and equipment list. City committee shall be authorized to take
photographs.
For clarification purposes only, the committee may request written follow-up prior to ranking.
1.2 SELECTION COMMITTEE PROCEDURES
Each committee member will review the proposals received and based on the comparison of the
firms, points will be awarded by each committee member. The firm that offers the most favorable
service/operation for a particular category based on the opinion of the committee member would
receive the highest amount of points for that category. Scores and rankings are tallied as detailed
in this section.
Each Committee member will award points according to the Selection Criteria described in each
Category. The points indicated as “Points Possible” are the maximum that may be awarded for
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each Category. The points awarded for each Category will be totaled to achieve the Total Points
awarded to each Proposer. The greatest cumulative of Total Points will be ranked 1, the next
greatest total ranked 2, etc. The ranking of each Proposer will be tabulated from each Committee
member.
Summarized below are the Evaluation Categories
1.3 EVALUATION CATEGORIES MAXIMUM
POINTS POSSIBLE
Franchise Fee 40
(Highest proposal will receive 40 points second highest
proposed amount will be divided into the highest proposed
amount and multiplied by 40 to arrive at a point total, and so
on for the other proposals).
Stability of Company Organization / Operations 10
Including but not limited to the years of experience, experience of staff
and time operating under same ownership
Size, Diversity and Condition of the Fleet 10
Storage Location(s) 10
Including but not limited to number of storage spaces, number of locations,
appearance, upkeep of locations and security measures/systems in place
Operating Record 10
Previous litigation/disputes/defaults/citations/fines
Technical Approach /Communications / Dispatch Operations 8
Successful contracts /rotation lists with other Governmental Agencies 7
Report formats 7
Local Business Status Certification Form 5
Total Points Possible 100
1.4 TIE PROPOSALS
Whenever a tie occurs for the top ranking position, the tie breaker is the highest Franchise Fee
and the second tie breaker is the size, diversity and condition of Tow Contractor’s Fleet.
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SECTION VII - INSTRUCTIONS FOR PREPARING PROPOSALS
1.0 RULES FOR PROPOSALS
The proposal must name all persons or entities interested in the proposal as principals. The proposal
must declare that it is made without collusion with any other person or entity submitting a proposal
pursuant to this RFP by submitting non-collusion collusion form.
Submission of a proposal indicates acceptance by the firm of the conditions contained in this
Request for Proposal unless clearly and specifically noted in the proposal submitted and confirmed
in the contract between the City of Boynton Beach and the firm(s) selected.
The proposer understands that the information contained in this RFP is to be relied upon by the City
in awarding the proposed Agreement, and such information is warranted by the proposer to be true.
1.1 PROPOSAL FORMAT
Proposers should prepare their proposals using the following format and follow the
numbering format as listed on page (27) below for tabbing/indexing their RFP submittal.
Failure to supply the requested information in full for categories related to the evaluation criteria will
result in the committee being unable to fully score that particular category.
Proposal submittal document should include the following:
1. Letter of Transmittal - This letter will summarize in a brief and concise manner the following:
• The letter must name all persons or entities interested in the proposal as
principals.
• The letter must declare that it is made without collusion with any other
person or entity submitting a proposal pursuant to this RFP.
• Identify all of the persons authorized to make representations for the
proposer, including the titles, addresses, and telephone numbers of such
persons.
• An authorized agent of the proposer must sign the Letter of Transmittal and
must indicate the agent's title or authority.
The firm identified on the Letter of Transmittal will be considered the primary firm. If more
than one firm is named on the Letter of Transmittal, a legal document showing the
partnership, joint venture, corporation, etc. shall be submitted showing the legality of such.
Submittal for Joint Venture to include executed Joint Venture Agreement and if state law
requires that the Joint Venture be registered, filed, funded, or licensed prior to submission
of the proposal, then same shall be completed prior to submittal. Proposers shall make
their own independent evaluation of the requirements of the state law. The City will not
consider submittals that identify a joint partnership to be formed. The primary firm
identified herein will be responsible for final negotiations and receipt of payments from the
City of Boynton Beach. The letter should not exceed one page in length.
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1.2 CONTENT OF TECHNICAL PROPOSAL
General Requirements
The purpose of the technical proposal is to demonstrate the qualifications, competence, and
capacity of the firms seeking to provide the services identified herein for the City of Boynton
Beach in conformity with the requirements of this Request for Proposal. The technical
proposal should demonstrate the combined qualifications of the firms and of the particular
staff to be assigned to this scope of work.
The technical proposal should address all of the points outlined in the Request for Proposal.
The proposal should be prepared simply and economically, providing a straightforward,
concise description of the proposer's capabilities to satisfy the requirements of the Request
for Proposal. It shall also state the firm’s position as to why the Firm should be selected.
PART VIII - PROPOSAL FORMS
CHECK OFF LIST
1. ____ Letter of Transmittal
2. ____ Item A - Company Organization/experience Questionnaire
3. ____ Item B - Qualifications and Experience of Individuals Questionnaire
4. ____ Item C - Equipment
5. ____ Item D - Experience with other governmental agencies for Police-
directed tows
6. ____ Item E - Record Keeping and Reporting Samples, invoice & tow slip
7. ____ Item F - Technical Approach
8. ____ Item G - Storage Location(s)
9. ____ Item H - Acknowledgement of Business type
10. ____ Item I - Rate Schedule for clean-up hazardous waste chemicals
11. ____ Proposer Acknowledgement
12. ____ Proposal Form
13. ____ Addenda
14. ____ Statement of Proposer’s Qualifications
15. ____ Anti-Kickback Affidavit
16. ____ Confirmation of Minority Owned Business
17. ____ Non-Collusion Affidavit
18. ____ Confirmation of Drug Free Workplace
19. ____ Sub-Contractor Participation
20. ____ PBC Inspector General
21. _____ Local Business Status Certification Form
22. ______Certification Pursuant to Florida Statute § 287.135
23. ____ Statement of No Proposal
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TECHNICAL PROPOSAL SHOULD UTILIZE SAME NUMBERING FORMAT
IDENTIFIED HEREIN.
As part of the technical proposal, Minimum Eligibility Requirements / Qualifications for
Performing the Scope of Work shall be clearly detailed to verify minimum is met.
ITEM A. - Company Organization and Experience
Completion of Questionnaire document and inserted in this section with supporting
documentation as applicable.
ITEM B. - Qualifications and Experience of individuals
Completion of Questionnaire document and inserted in this section with supporting
documentation for:
• Specialized Training/Certifications/supplemental education courses received in
past five years.
• Professional Membership to relevant national/state/local associations.
ITEM C. - Equipment
Completion of Equipment list form and inserted in this section along with your vehicle
maintenance plan and vehicle replacement plan
ITEM D. - Experience with other Government Agencies for Police directed tows
Completion of reference list form and inserted in this section
ITEM E. - Record Keeping and Reporting
Include samples of reports that will be made available to the City. Submittal to also
include:
Sample invoice used for City account
Tow Slip used for City account
ITEM F. - Technical Approach
Complete Technical Approach form and attach in this section. Form to describe the range
of towing and related services performed by your firm and your implementation plan for this
contract. This section must address dispatch, clean-up, working with the officer at the
scene, and any internal procedures that are necessary to provide quality assurance with the
requirements of the contract.
Describe your ability to have available staff 24/7 to adhere to the requirements of the
contract or if you will need to hire additional staff in the event that you are awarded the
contract.
Describe your communication systems and ability to adhere to the minimum qualification
requirements.
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Additional Information
This section shall include any additional information which the proposer considers pertinent
for consideration and should be included in this part of the proposal.
Identify any unique approaches or strengths your organization may have related to this
service.
ITEM G. - Storage Location(s)
Completion of Questionnaire document and inserted in this section.
REMAINDER OF THE PAGE IS INTENTIONALLY BLANK.
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THE FOLLOWING TECHNICAL PROPOSAL FORMS MUST BE SUBMITTED IN ORDER
FOR THE SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE:
TECHNICAL PROPOSAL
ITEM A - COMPANY ORGANIZATION / EXPERIENCE QUESTIONNAIRE
DETAIL YOUR RESPONSE HERE.
ATTACHMENTS MAY BE SUBMITTED TO
FURTHER DETAIL YOUR RESPONSE AND
ARE TO BE LABELED ACCORDINGLY.
1 Number of years Organization as
stated on the Acknowledgement of
Business Type Form has been in
business. Minimum requirement is
three years.
2 Number of years Organization as
stated on the Acknowledgement of
Business Type form has been in
business with current ownership.
3 Number of Years Palm Beach County
Operating Permit has been in place.
Detail each year
4 State the name of the individual who
will have personal supervision /
responsibility of the City of Boynton
Beach account.
5 Under what other former names has
your organization operated?
6 Detail any Professional
Recognition/Awards received by the
organization during the past five
years. Copies to be attached.
7 Detail if organization has currently in
place an ongoing training / safety
program. Copy of program manual
table of contents to be attached as a
minimum.
8 Describe any litigation, arbitration,
mediation or other proceeding
whereby, during the past seven years,
a court or any administrative agency
has ruled against the firm in any
manner related to its towing / storage
activities. Include outcome and
amount of settlement.
9 Detail any Palm Beach County
Consumer Affair Cases and Palm
Beach County Citations during the
past seven years. Include outcome
and amount of settlement.
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10 Describe any current or pending
litigation.
11
Describe any pending inquires not
resolved with Palm Beach County
Consumer Affairs, Towing Jurisdiction
12 Proposer to make a statement if they
have ever had a contract terminated for
cause and detail date, entity / name of
company during the past seven years.
Applies to Public contracts only.
13 If Proposer is a Corporation, answer the
following
Date of Incorporation
State of Incorporation
President’s Name
Vice President’s Name
Secretary’s Name
Treasurer’s Name
Name and address of Registered agent
Date of Incorporation:
State of Incorporation:
President’s Name:
Vice President’s Name:
Secretary’s Name:
Treasurer’s Name:
Name and address of Registered agent:
14 If Proposer is an individual or
partnership, answer the following
Date of organization
Name and address and ownership
units of all partners
State whether general or limited
partnership
15 If Proposer is other than an individual,
corporation or partnership, describe the
organization type and give the name
and address of principals
16 If Proposer is operating under a
fictitious name, state such here and
submit evidence of compliance with
Florida Fictitious Name Statue with the
proposal.
17 Identify if Proposer has any interest in
automotive or truck repair, paint and
body, salvage, junkyard, or recycling
businesses, and shall acknowledge
and list the specifics. IF NO,
IDENTIFY AS SUCH
18 Detail your office location address and
hours of operation.
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TECHNICAL PROPOSAL
ITEM B – QUALIFICATIONS AND EXPERIENCE OF INDIVIDUALS QUESTIONNAIRE
INDIVIDUAL QUALIFICATIONS/ EXPERIENCE SUMMARY SHEET
Identify each employee that is either part of the management team, administrative staff or driver/operator and submit the appropriate
information for each that applies. Supporting documentation to be submitted as noted.
Name of Employee Management
Y/N
Title/Position in
Organization
Type of Work Performed Years of
Experience
with
Organization
Total Years of
Experience in
Towing Industry
For Drivers
/Operators Only –
Identify Driver’s
License Type
* Upon request, City may require driver’s license numbers.
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TECHNICAL PROPOSAL
ITEM C - EQUIPMENT
Identify Equipment to verify the minimum equipment requirements are met and any additional equipment that is available in excess of
the minimum requirements. Equipment listed shall not be subcontracted. All wrecker equipment listed shall have a current Palm
Beach County Permit Decal at time of RFP submittal to be considered.
Vehicle Type
(Type shall be as
classified by Palm
Beach County
Inspection)
Description VIN Number Make / Model Year Last Date
Inspected by
Palm Beach
County
Palm Beach County
Decal #
Class A
Class A
Class A
Class A
Class B
Class B
Class C
Class C
Lowboy per minimum
equipment eligibility
requirement
N/A Not Applicable
Heavy Duty Truck
Dollies
N/A Not Applicable
Motorcycle Trailer N/A Not Applicable
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Vehicle Type
(Type shall be as
classified by Palm
Beach County
Inspection)
Description VIN Number Make / Model Year Last Date
Inspected by
Palm Beach
County
Palm Beach County
Decal #
ADDITIONAL WRECKER VEHICLE EQUIPMENT – IDENTIFY CLASS
FOR EACH OR STATE AS OTHER
Detail Your Vehicle Maintenance
Plan
Detail your vehicle replacement
Plan
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TECHNICAL PROPOSAL
ITEM D - AGENCIES FOR POLICE DIRECTED TOWS
Experience must be within the past five years to be considered.
Name of Public Entity/ Sherriff Agency Contact Person / Phone Number / Title Contract Award Dates
Start – End or
Start – Currently under
Contract
Is this a Rotation
award?
Yes / No
1
2
3
4
5
6
7
8
9
10
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TECHNICAL PROPOSAL
ITEM E – RECORD KEEPING AND REPORTING
INSERT RECORD KEEPING AND REPORTING SAMPLES.
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TECHNICAL PROPOSAL
ITEM F - TECHNICAL APPROACH
DETAIL YOUR RESPONSE BELOW
Describe the range of towing and
related services performed by your
firm and your implementation plan
for this contract. This section must
address dispatch, clean-up,
working with the officer at the
scene, and any internal
procedures that are necessary to
provide quality assurance with the
requirements of the contract.
Describe your ability to have
available staff 24/7 to adhere to
the requirements of the contract or
if you will need to hire additional
staff in the event that you are
awarded the contract.
Describe your communication
systems and ability to adhere to
the minimum qualification
requirements of 24/7 telephone
number answered by an individual
employed by the Contractor and
have two-way radio
communication from Contractors
base station to their service trucks.
Detail phone number to be used
for 24/7 service / dispatch.
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TECHNICAL PROPOSAL
ITEM G - STORAGE LOCATION(S)
Identify Storage location(s) to verify the minimum storage requirements are met. Occupational
license shall be submitted for each location, prior to the start of the Franchise Agreement.
Storage Location 1
Name on Building
Address
Phone No. / Fax No.
Number of Inside Storage
Spaces
Number of Outside Storage
Spaces
Storage Location 2
Name on Building
Address
Phone No. / Fax No.
Number of Inside Storage
Spaces
Number of Outside Storage
Spaces
Storage Location 3
Name on Building
Address
Phone No. / Fax No.
Number of Inside Storage
Spaces
Number of Outside Storage
Spaces
* Crime Scene Storage Facility – For vehicles marked “HOLD” required to be in Palm Beach
County and within a 10-mile radius of the City of Boynton Beach Police Department. Detail
which inside storage location would be used. Detail which outside storage location would be
used.
Total Number of Inside
Storage
Total Number of Outside
Storage
Detail the Security Equipment & other
Measures put in place to exceed the
Palm Beach County Towing Ordinance
minimum storage requirements
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ITEM H - ACKNOWLEDGMENT OF BUSINESS TYPE
RFP No. 024-2110-19/RW
This form must be signed in the presence of a Notary Public or other officer authorized to
administer oaths and submitted with the RFP package on the specified RFP deadline date.
The undersigned proposer certifies that this proposal package is submitted in accordance
with the specifications in its entirety and with full understanding of the conditions governing
this proposal and acknowledges and understands that the information contained in
response to this RFP shall be relied upon by the City in awarding the contract and such
information is warranted by Proposer to be true. The discovery of any omission or
misstatement that materially affects the Proposer’s qualifications to perform under contract
may cause the City to reject the Proposal, and if after the award to cancel and terminate the
contract.
BUSINESS ADDRESS of PROPOSER:
__________________________________________________________________________________
Address
City State Zip
Telephone No. __________________________________ Fax No. ____________________________
Federal ID. No.______________________ email: _____________________________________
SIGNATURE OF PROPOSER
If an Individual: ______________________________________ doing business
Signature
as ______________________________________________________________
If a Partnership: __________________________________________________________
by: ______________________________________________________
General Partner Signature
If a Corporation: ___________________________________________________
Corporate Name
(a __________________________________________ Corporation)
by: ______________________________________________________________
Signature
Title: ____________________________________________________________
Attest: __________________________________________________________ (SEAL)
Corporate Secretary
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NOTARY PUBLIC:
STATE OF: COUNTY OF:
The foregoing instrument was acknowledged before me this day of 2015 by
who is (who are) personally known to me or
who has produced as identification and who did (did not) take an oath.
NOTARY PUBLIC SIGNATURE: ____
NOTARY NAME, PRINTED, TYPED OR STAMPED: __________________________________
Commission Number: _______________ My Commission Expires: _____
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RATE SCHEDULE FOR CLEAN-UP OF HAZARDOUS WASTE CHEMICALS
Rate schedule may be submitted as an attachment. Rate schedule will not be utilized in the
evaluation criteria.
Description Rate / Unit of
Measure
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REQUEST FOR PROPOSALS
FOR
TOWING AND STORAGE SERVICES
RFP No.: 024-2110-19/RW
GENERAL CONDITIONS
1. FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, State
and Local laws, ordinances, rules and regulations that in any manner affect the equipment.
Ignorance on the part of the qualifier will in no way relieve them from responsibility.
2. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices,
amounts and descriptive information must be legibly entered. The bidder must state the
price and the time of delivery for which they propose to deliver the equipment or service
requested. The bidder IS required to be licensed to do business as an individual,
partnership or corporation in the State of Florida. Place all required bid forms in a sealed
envelope that has the company’s name and address, proposal title, number, proposal date
and time on the outside of the sealed envelope. Proposals not submitted on appropriate
proposal forms may be rejected. All proposals are subject to the conditions specified
herein. Proposals which do not comply with these conditions are subject to rejection.
3. EXECUTION OF BID: Proposal must contain an original signature of a representative
who is legally authorized to contractually bind the Proposer.
4. NO BID: If not submitting a proposal, respond by returning one copy of the “STATEMENT
OF NO BID” and explain the reason by indicating one of the reasons listed or in the space
provided. Repeated failure to quote without sufficient justification shall be cause for
removal of the Professional’s name from the mailing list. NOTE: To qualify as a
respondent, bidder must submit a “NO BID” and it must be received no later than the
stated bid receiving date and hour.
5. BID DEADLINE: It is the proposer’s responsibility to assure that the proposal is delivered
at the proper time and place prior to the proposal deadline. The City of Boynton Beach is
not responsible for the U.S. Mail or private couriers in regards to mail being delivered by
a specified time so that a proposal can be considered. Proposals which for any reason are
not delivered by the deadline will not be considered. If no award has been made, the City
reserves the right to consider proposals that have been determined by the City to be
received late due to mishandling by the City after receipt of the proposal. Offers by
telegram or telephone are not acceptable.
6. RIGHT TO REJECT RFP: Right is reserved to reject any or all RFP’s and to waive
technical errors, or to accept any RFP’s that are in part deemed as the best responsible
qualifier which represents the most advantageous RFP to the City. In determining the
“most advantageous RFP”, price, quantifiable factors, and other factors are considered.
This would include specifications, proposed schedule, the proposed price and other
factors contributing to the overall acquisition cost of this service.
Consideration may be given, but not necessarily limited to conformity to the
specifications, including timely delivery, product warranty, a qualifier’s proposed service,
ability to supply and provide service, delivery to required schedules and past
performances in other Contracts with the City or other government entities.
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7. RIGHTS OF THE CITY: The City expressly reserves the right to:
▪ Waive as an informality, minor deviations from specifications at a lower price than the best
responsible qualifier meeting all aspects of the specifications and consider it, if it is
determined that total cost is lower and the overall function is improved or not impaired;
▪ Waive any defect, irregularity or informality in any RFP or qualifying procedure;
▪ Reject or cancel any or all RFP’s;
▪ Reissue Request for Proposal Invitation;
▪ Extend the RFP opening time and date;
▪ Consider and accept an alternate RFP as provided herein when most advantageous to
the City.
8. STANDARDS: Factors to be considered in determining whether the standard of responsibility
has been met include whether a prospective qualifier has:
▪ Available the appropriate financial, material, equipment, facility and personnel resources
and expertise, or the ability to obtain them, necessary to indicate its capability to meet all
contractual requirements;
▪ A satisfactory record of performances;
▪ A satisfactory record of integrity;
▪ Qualified legally to Contract within the State of Florida and the City of Boynton Beach;
▪ Supplied all necessary information in connection with the inquiry concerning responsibility.
9. INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information
requested in the spaces provided on the RFP form. Further, as may be specified elsewhere,
each qualifier must submit for RFP evaluation cuts, sketches, and descriptive literature and
technical specifications covering the products offered. Reference to literature submitted with
a previous RFP or on file with the buyer will not satisfy this provision.
10. INTERPRETATIONS: Any questions concerning conditions and specifications should be
directed to this office in writing no later than ten (10) days prior to the RFP closing. Inquiries
must reference the date by which the RFP is to be received.
11. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest
provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida.
12. TRADE SECRET: Any language contained in the Proposer’s Proposal purporting to require
confidentiality of any portion of the Proposal, except to the extent that certain information is in
the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits
any documents or other information to the City which the Proposer claims is Trade Secret
information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the
Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the
document or information is exempt. The Proposer must specifically identify the exemption
being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any
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information contained in the Proposer’s Proposal constitutes a Trade Secret. The City’s
determination of whether an exemption applies shall be final, and the Proposer agrees to
defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents,
against any loss or damages incurred by any person or entity as a result of the City’s treatment
of records as public records. Proposals purporting to be subject to copyright protection in full
or in part will be rejected.
EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS
PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY
OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS
COPYRIGHTED.
13. SUBCONTRACTING: If a qualifier subcontracts any portion of a Contract for any reason,
they must state the name and address of the subcontractor and the name of the person to be
contacted on the attached “Schedule of Subcontractors”. The City of Boynton Beach reserves
the right to accept or reject any or all RFP’s wherein a subcontractor is named and to make
the award to the qualifier, who, in the opinion of the City, will be in the best interest of and/or
most advantageous to the City. The City also reserves the right to reject the RFP of any
qualifier if the RFP names a subcontractor who has previously failed in the proper
performance of an award or failed to deliver on time Contracts of a similar nature, or who is
not in a position to perform properly under this award. The City reserves all rights in order to
make a determination as to the foregoing.
14. ADDENDA: From time to time, the City may issue an addendum to change the intent or to
clarify the meaning of the Contract documents. Since all addenda are available to Proposers
at the Office of Procurement Services, it is each qualifier’s responsibility to check with the
issuing office and immediately secure all addenda before submitting RFP’s. It is the usual
practice for the City to upload all addenda to Demanstar.com, but it cannot be guaranteed that
all Proposers will receive ALL addendum(s) in this manner. Each qualifier shall acknowledge
receipt of ALL addenda by notation on the RFP.
15. ESCALATOR CLAUSE: Any RFP which is submitted subject to an escalator clause will be
rejected.
16. EXCEPTIONS: Incorporation in an RFP of exceptions to any portion(s), of the Contract
documents may invalidate the RFP. Exceptions to the Technical and Special Provisions shall
be clearly and specifically noted in the qualifier’s RFP on a separate sheet marked
“EXCEPTIONS TO THE SPECIFICATIONS” and this sheet shall be attached to the RFP. The
use of qualifier’s standard forms or the inclusion of manufacturer’s printed documents shall
not be construed as constituting an exception within the intent of the Contract documents.
17. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished
hereunder, the decision of the City Manager shall be final and binding on both parties.
18. ANTITRUST CAUSE OF ACTION: In submitting an RFP to the City of Boynton Beach, the
respondent offers and agrees that if the RFP is accepted, the respondent will convey, sell,
assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes
of action it may now or hereafter acquire under the antitrust laws of the United States and
State of Florida for price fixing relating to the particular commodities or services purchased or
acquired by the City of Boynton Beach. At the City of Boynton Beach’s discretion, such
assignment shall be made and become effective at the time the purchasing agency tender’s
final payment to the respondent.
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19. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be
imposed which would necessitate alteration of the material, quality, workmanship or
performance of the items offered on this RFP prior to their delivery, it shall be the responsibility
of the successful qualifier to notify the City at once, indicating in a letter the specific regulation
which required an alteration. The City reserves the right to accept any such alterations,
including any price adjustments occasioned thereby, or to cancel the Contract at no expense
to the City.
20. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and
regulations that in any manner affect the items covered herein apply. Lack of knowledge by
the qualifier will in no way be a cause for relief from responsibility.
21. ON PUBLIC ENTITY CRIMES - All Request for Proposal Invitations as defined by Section
287.012(11), Florida Statutes, Requests for Proposal as defined by Section 287.012(16),
Florida Statutes, and any contract document described by Section 287.058, Florida Statutes,
shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section
287.133, Florida Statutes, which reads as follows:
“A person or affiliate who has been placed on the convicted Professional list following a
conviction for public entity crime may not submit an RFP on a contract or provide any goods
or services to a public entity, may not submit an RFP on a contract with a public entity for the
construction or repair of a public building or public work, may not submit RFP’s on leases of
real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
Professional list”.
22. ADVERTISING: In submitting an RFP, the qualifier agrees not to use the results therefrom
as a part of any commercial advertising. Violation of this stipulation may be subject to action
covered under “NONCONFORMANCE TO CONTRACT CONDITIONS”.
23. ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the monies
which may become due hereunder are not assignable except with the prior written approval
of the City.
24. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach,
Florida its officers, agents, volunteers and employees from liability of any kind in the
performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless
and undertake the defense of the City, its City Commissioners, agents, servants an
employees from and against any and all claims, suits, actions, damages, or causes of action
arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage
to property arising directly or indirectly from bidder’s operation pursuant to this Contract and
from and against all costs, attorney fees, expenses and liabilities incurred in and about any
such claims, the investigation thereof, or the defense of any action or proceedings brought
thereon, and from and against any orders or judgments which may be entered therein. The
City shall notify the bidder within ten (10) business days of receipt by the City of any claim,
suit or action against the City arising directly or indirectly from the operations of the bidder
hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under
the provisions of this Contract. Bidder shall have the right to control the defense of any such
claim, suit, or actions. The bidder shall also be liable to the City for all costs, expenses,
attorneys’ fees and damages which may be incurred or sustained by the City by reason of the
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bidder’s breach of any of the provision of the contract. Bidder shall not be responsible for
negligent acts of the City or its employees.
25. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of
the Professional, the use of the contract resulting from this solicitation may be extended to
other governmental agencies, including the State of Florida, its agencies, school boards,
political subdivisions, counties, and cities. Each governmental agency allowed by the
Contractor to use this contract shall do so independent of any other governmental entity. Each
agency shall be responsible for its own purchases and shall be liable only for goods or
services ordered, received and accepted. No agency receives any liability by virtue of this bid
and subsequent contract award.
26. AWARD OF CONTRACT: Contracts or Purchase Orders will be awarded by the City to the
most responsive, responsible qualifier whose RFP represents the most advantageous RFP to
the City, Evaluation of RFP’s will be made based upon the evaluation factors and standards
heretofore set forth. The City reserves the right to reject any and all RFP’s and to waive
technical errors as heretofore set forth. In the event of a Court challenge to an award by any
qualifier, damages, if any, resulting from an improper award shall be limited to actual RFP
preparation costs incurred by the challenging qualifier. In no case will the award be made until
all necessary investigations have been made into the responsibility of the qualifier and the
City is satisfied that the best responsible qualifier is qualified to do the work and has the
necessary organization, capital and equipment to carry out the required work within the time
specified.
27. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as
the expenditures provided for in the Agreement have been appropriated by the City
Commission for the City of Boynton Beach in the annual budget for each fiscal year of this
Agreement, and is subject to termination based on lack of funding.
28. LICENSE AND PERMITS: It shall be the responsibility of the successful qualifier to obtain all
licenses and permits, if required, to complete this service at no additional cost to the City.
Licenses and permits shall be readily available for review by the Assistant to the Finance
Director and City Inspectors.
29. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all
material, equipment, etc., contained in this RFP meets all O.S.H.A. requirements. Qualifier
further certifies that if awarded as the successful qualifier, and the material equipment, etc.
delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date
of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with
the aforementioned requirements shall be borne by the qualifier.
Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all
O.S.H.A. and State safety regulations and requirements.
30. PALM BEACH COUNTY INSPECTOR GENERAL:
The contractor is aware that the Inspector General of Palm Beach County has the authority
to investigate and audit matters relating to the negotiation and performance of any contracts
resulting from this solicitation, and in furtherance thereof, may demand and obtain records
and testimony from the contractor and its subcontractors. 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.
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31. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are
exempt from public records disclosure until thirty (30) days after the opening of the Bid unless
the City announces intent to award sooner, in accordance with Florida Statutes 119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida’s Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY’s custodian of public records, provide the CITY with a copy
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as
otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and, following completion of the contract, Contractor shall
destroy all copies of such confidential and exempt records remaining in its possession
once the Contractor transfers the records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the
CITY, all public records in Contractor’s possession All records stored electronically by
Contractor must be provided to the CITY, upon request from the CITY’s custodian of public
records, in a format that is compatible with the information technology systems of the
CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BLVD., SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
GIBSONC@BBFL.US
32. LOCAL BUSINESS STATUS CERTIFICATION:
The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business
preference.
“For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or
Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local
Businesses of five percentage points (5%) of the total points in the evaluation criteria
published in the solicitation. For all acquisitions made pursuant to Requests for Proposals,
Requests for Qualification or Requests for Letters of Interest, where the solicitation includes
a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a
Local Business preference, as reasonably determined by the Financial Services Department,
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Purchasing Services, consistent with the intent of this Policy. Each such solicitation shall
clearly define the application of the Local Business preference.”
In order to be considered for a local business preference, a Respondent must include the
Local Business Status Certification Form at the time of RFP submittal.
Failure to submit this form at the time of RFP submittal will result in the Respondent being
found ineligible for the local business preference for this solicitation.
Respondents who are certified as required will receive the full five points allotted for this
evaluation criteria. All other firms will receive zero points in this evaluation criterion.
33. SCRUTINIZED COMPANIES - 287.135 and 215.473
By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of
Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that
Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has
Contractor been engaged in business operations in Syria. Subject to limited exceptions
provided in state law, the City will not contract for the provision of goods or services with any
scrutinized company referred to above. Submitting a false certification shall be deemed a
material breach of contract. The City shall provide notice, in writing, to Contractor of the
City's determination concerning the false certification. Contractor shall have five (5) days
from receipt of notice to refute the false certification allegation. If such false certification is
discovered during the active contract term, Contractor shall have ninety (90) days following
receipt of the notice to respond in writing and demonstrate that the determination of false
certification was made in error. If Contractor does not demonstrate that the City's
determination of false certification was made in error then the City shall have the right to
terminate the contract and seek civil remedies pursuant to Section 287.135, Florida
Statutes, as amended from time to time.
QUESTIONS: Any questions relative to any item(s) or portion of Request for Proposal should be
directed to Randy Wood, Purchasing Manager, (561) 742-6322 Monday through Friday from
8:00 A.M. to 5:00 P.M; email: woodj@bbfl.us
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
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RFP No. 024-2110-19/IT
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REQUEST FOR PROPOSALS
FOR
TOWING AND STORAGE SERVICES
RFP No.: 024-2110-19/RW
PROPOSER ACKNOWLEDGEMENT
Submit RFP’s to: PROCUREMENT SERVICES
3301 Quantum Blvd., Suite 101
Boynton Beach, Florida 33426
Telephone: (561) 742-6322
RFP Title: TOWING AND STORAGE SERVICES
RFP Number: 024-2110-19/RW
RFP Received by: OCTOBER 09, 2019, 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: OCTOBER 09, 2019, 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 RFP shall conform to applicable sections of the charter and
codes of the City.
Name of Professional:
Federal I.D. Number:
A Corporation of the State of:
Area Code: Telephone Number:
Area Code: FAX Number:
Mailing Address:
City/State/Zip:
E-mail Address:
Authorized Signature
Name Typed
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RFP No. 024-2110-19/IT
49
A D D E N D A
CITY OF BOYNTON BEACH
FLORIDA
RFP TITLE: “TOWING AND STORAGE SERVICES”
RFP NO.: 024-2110-19/RW
DATE SUBMITTED: ______________________________________________________
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, means of transportation, coordination, labor and
services necessary to complete/provide the work specified by the Contract documents.
Having studied the documents prepared by: THE CITY OF BOYNTON BEACH
we propose to perform the work of this Project according to the Contract documents and the
following addenda which we have received:
ADDENDUM DATE ADDENDUM DATE
____________ __________ ____________ __________
____________ __________ ____________ __________
____________ __________ ____________ __________
NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
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REQUEST FOR PROPOSALS
FOR
TOWING AND STORAGE SERVICES
RFP No.: 024-2110-19/RW
FRANCHISE FEE PROPOSAL FORM
Contractor to propose annual Franchise Fee that will be paid to the City of Boynton Beach for each
annual term contract award period, quarterly payments in advance or each corresponding quarter
in accordance with the terms and conditions and specifications contained in the RFP and resulting
Agreement.
THE UNDERSIGNED Proposer, having familiarized himself with the requirements of the RFP
hereby proposes the following annual Franchise Fees:
OPTION 1: SINGLE AWARD: $_____________________________
Annual Franchise Fee
OPTION 2: DOUBLE AWARD: $_____________________________
Annual Franchise Fee
OPTION 3: TRIPLE AWARD: $_____________________________
Annual Franchise Fee
_____________________________________ ____________________________________
COMPANY NAME AUTHORIZED SIGNATURE
(______)_______________________________ ____________________________________
TELEPHONE NO. PRINTED NAME
_______________________________________ ____________________________________
E-MAIL ADDRESS TITLE
_______________________________________
DATE
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STATEMENT OF QUALIFICATIONS
Each qualifier proposing 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 RFP document. Failure to comply with this
instruction may be regarded as justification for rejecting the RFP response.
* attach additional sheets giving the information
1. Name of Qualifier:
2. Business Address:
3. When Organized:
4. Where Incorporated:
5. How many years have you been engaged in business under the present firm name?
_____________________
6. General character of work performed by your company.
7. Enclose evidence of possession of required licenses and/or business permits.
8. Number of employees.
9. Background and experience of principal members of your personnel, including officers. *
10. Bonding capacity, if applicable.
11. Have you ever defaulted on a contract? If so, where and why? *
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12. Experience in performance of work similar in importance to this project.
Project $ Value Contact Name Phone #
13. Contracts on hand. *
14. Largest completed projects (include final cost).
1)
2)
3)
15. List all lawsuits (related to similar projects) or arbitration to which you have been a party
and which: *
1) arose from performance: *
2) occurred within the last 4 years: *
3) provide case number and style: *
Dated at: ________________________________
this _____ day of ____________________ 20___
By: ______________________________________
(written signature)
Name: ____________________________________
(printed or typed)
Title: _____________________________________
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REFERENCES FOR ___________________________
(NAME OF FIRM)
Company Name:
Address:
Contact Name:
Phone: Fax: E-Mail:
Company Name:
Address:
Contact Name:
Phone: Fax: E-Mail:
Company Name:
Address:
Contact Name:
Phone: Fax: E-Mail:
Company Name:
Address:
Contact Name:
Phone: Fax: E-Mail:
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ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
: SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted
will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of
gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
By:
NAME - SIGNATURE
Sworn and subscribed before me
this day of , 20
Printed Information:
NAME
TITLE
NOTARY PUBLIC, State of Florida
at Large
COMPANY
“OFFICIAL NOTARY SEAL” STAMP
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NON-COLLUSION AFFIDAVIT
State of _____________________________)
:
County of____________________________)
________________________________________, being first duly sworn, deposes and says that:
1) He/She is ______________________ of _____________________________, the qualifier
(Title) (Name of Corporation or Firm)
who has submitted the attached RFP No. 024-2110-19/RW for TOWING AND STORAGE
SERVICES.
2) He/She is fully informed respecting the preparation and contents of the attached submittal and
of all pertinent circumstances respecting such submittal;
3) Said RFP is genuine and is not a collusive or sham RFP;
4) Further, the said qualifier 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 qualifier, firm or person to submit a
collusive or sham RFP in connection with the Contract for which the attached RFP 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 qualifier, firm or person to fix the price or prices in the attached RFP or of any other
qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of
any other qualifier, 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 qualifier or any of
its agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)________________________________
(Title)__________________________________
Subscribed and sworn to before me
This ______ day of _____________________, 20 _____
My commission expires ____________________________
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CONFIRMATION OF MINORITY OWNED BUSINESS
A requested form to be made a part of our files for future use and information. Please fill out and
indicate in the appropriate spaces provided which category best describes your company. Return
this form with your bid proposal sheet making it an official part of your bid response.
Is your company a Minority Owned Business? ___________ ____________
Yes No
If Yes, please indicate by an “X” in the appropriate box:
( ) AMERICAN INDIAN
( ) ASIAN
( ) BLACK
( ) HISPANIC
( ) WOMEN
( ) OTHER _______________________________________
(specify)
( ) NOT APPLICABLE
Do you possess a Certification qualifying your business as a Minority Owned Business?
YES _____ NO _____
If YES, Name the Organization from which this certification was obtained and date:
_________________________________________________________________
Issuing Organization for Certification
____________________________
Date of Certification
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CONFIRMATION OF DRUG-FREE WORKPLACE
IDENTICAL TIE SUBMITTALS
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 political 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 tie submittals will be followed if none of the tied Professionals 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 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 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 5 days after
such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee’s community by, any employee who
is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Professional’s Signature
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PALM BEACH COUNTY INSPECTOR GENERAL
ACKNOWLEDGMENT
The Respondent 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 Respondent 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.
_______________________________
CONTRACTOR NAME
By_____________________________
Title: ___________________________
Date: ___________________________
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CITY OF BOYNTON BEACH
LOCAL BUSINESS STATUS CERTIFICATION
I, _____________________________, the ______________________________ of
(Name of officer of company) (Title of officer of company)
_____________________________, located at ____________________________,
(Name of Corporation/Company) (Business Address)
Certify that I am an authorized representative of the business and, on behalf of the
Business, request that it be deemed to be a local business for purposes of the City of
Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2
below will qualify the business as a local business. In support of this request, I certify the
following to be true and correct:
NAME OF BUSINESS: _________________________________________
1. Is the business located within the City limits
of Boynton Beach, Florida?
YES NO Number of Years:
____________
2. Does the business have a business tax
receipt issued in the current year?
YES NO Business License
Number:
_____________
3. Is the business registered with the Florida
Division of Corporations?
YES NO
I understand that misrepresentation of any facts in connection with this request may be cause for
removal from the certified local business list. I also agree that the business is required to notify
the City in writing should it cease to qualify as a local business.
Print Name: ____________________________ Signature: ___________________________
***FOR PURCHASING USE ONLY***
Business License Active:
Verified by: ____________________________ Date: ______________
Year Established:
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CERTIFICATION PURSUANT TO FLORIDA
STATUTE § 287.135
I, _______________________, on behalf of ________________________ certify
Print Name and Title Company Name
that ______________________________does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The City shall
provide notice, in writing, to the Contractor of the City's determination concerning the false
certification. The Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination of false certification was made in
error. If the Contractor does not demonstrate that the City's determination of false certification
was made in error then the City shall have the right to terminate the contract and seek civil
remedies pursuant to Florida Statute § 287.135.
Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for
goods or services in any amount if at the time of bidding on, submitting a proposal for, or
entering into or renewing a contract if the company is on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of
Israel; and
2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the
Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant
to s. 215.473, or are engaged in business operations in Syria.
As the person authorized to sign on behalf of the Contractor, I hereby certify that the company
identified above in the section entitled "Contractor Name" does not participate in any boycott of
Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either
the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not
engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida
Statutes, the submission of a false certification may subject the company to civil penalties,
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attorney's fees, and/or costs. I further understand that any contract with the City for goods or
services may be terminated at the option of the City if the company is found to have submitt ed a
false certification or has been placed on the Scrutinized Companies with Activities in Sudan list
or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
_____________________________ _________________________
COMPANY NAME SIGNATURE
__________________________ _________________________
PRINT NAME TITLE
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RFP No. 024-2110-19/RW
TOWING AND STORAGE SERVICES
SCHEDULE OF SUB-CONSULTANTS
The Undersigned Respondent proposes the following major subcontractors for the major areas of work for the Project. The Respondent is further
notified that all sub-contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insu rance in
accordance with the contract general conditions. This page may be reproduced for listing additional sub -contractors, if required. If not applicable
or if no-sub-consultants will be used in the performance of this Work, please sign and date the from and write “Not -Applicable” or “NONE”
across the form.
Name of Sub-Consultant Address of Sub-Consultant License No.: Contract
Amount
Percentage
(%) of Contract
Signature_______________________________________________ Date: _____________
Title/Company___________________________________________
Owner reserves the right to reject any sub-contractor who has previously failed in the proper performance of an award, or failed to deliver on time
contracts in a similar nature, or who is not responsible (financial capability, lack of resources, etc.) to perform under this award. Owner reserves the
right to inspect all facilities of any sub-contractor in order to make a determination as to the foregoing.
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STATEMENT OF NO SUBMITTAL
If you are not submitting an RFP for this project, please complete and return this form to:
PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton
Beach, Florida 33426.
Failure to respond may result in deletion of Firm’s name from the City’s Firm list.
COMPANY NAME:
ADDRESS:
TELEPHONE:
SIGNATURE:
DATE:
WE, the undersigned have declined to respond to your RFP No. 024-2110-19/RW
TOWING AND STORAGE SERVICES because of the following reasons:
Specifications too “tight”, i.e., geared toward brand or manufacturer only (explain
below)
Insufficient time to respond to the Invitation
We do not offer this product or an equivalent
Our product schedule would not permit us to perform
Unable to meet specifications
Unable to meet bond requirements
Specifications unclear (explain below)
Other (specify below)
REMARKS:
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“DRAFT”
SUBJECT TO REVISIONS PRIOR TO SIGNING.
TOWING FRANCHISE AGREEMENT
THIS AGREEMENT, dated the _____ day of ___________ is between:
THE CITY OF BOYNTON BEACH, a municipal corporation, with its principal place of
business at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter
referred to as "CITY",
and
TBD a company authorized to do business in the State of Florida, with its principal place
of business at______________, hereinafter referred to as "CONTRACTOR".
W I T N E S S E T H:
WHEREAS, the City Commission of the City of Boynton Beach, Florida, following a
competitive selection process has awarded Contractor a non-exclusive franchise agreement
to perform towing services in and for the City, subject execution of a written agreement; and
WHEREAS, the establishment of minimum contractual standards of quality and efficiency
for emergency recovery, towing and storage services utilized by law enforcement agencies is
in the public interest; and
WHEREAS, utilization of improper equipment or unqualified operators exposes public
safety personnel and others present at an accident or recovery scene to undue safety
hazards, results in undue damage to vehicles, and causes excessive delays in clearing the
highway and securing the vehicles; and
WHEREAS, the City has determined, based on material representations of the Contractor
as set forth in the Contractor’s response to the City’s request for proposals, that Contractor
can perform the services in accord with the parameters set forth in the City’s Request for
Proposals, as amended.
NOW, THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, CITY and CONTRACTOR hereby agree as
follows:
ARTICLE 1
SERVICES AND RESPONSIBILITIES
1.1 GENERAL
1.1.1 The CONTRACTOR, for and in consideration of the agreements of the CITY herein
contained, agrees to remove vehicles from the streets or other property within the CITY, or
from any other location, as directed by authorized representatives of the CITY.
1.1.2 The CONTRACTOR agrees that in the performance of this Agreement, it will not
discriminate or permit discrimination in its hiring practices, or in the performance of this
Agreement, against any person on the basis of his or her race, sex, religion, political affiliation
or national origin.
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1.1.3 The CONTRACTOR understands that nothing in this Agreement will prevent the
owner or operator of a motor vehicle from calling a wrecker or tow truck of his own choice or
requesting that his or her vehicle be towed to a garage or compound other than that of the
CONTRACTOR.
1.1.4 The CONTRACTOR shall furnish all services, labor, equipment, and materials
necessary and as may be required in the performance of this Agreement, except as otherwise
specifically provided for herein, and all work performed under this Agreement shall be done
in a professional manner.
1.1.5 The CONTRACTOR hereby represents to CITY, with full knowledge that CITY is
relying upon these representations when entering into this Agreement with CONTRACTOR,
that CONTRACTOR has the professional expertise, experience and manpower to perform the
services to be provided by CONTRACTOR pursuant to the terms of this Agreement.
1.1.6 The CONTRACTOR agrees to permit members of the CITY's Police Department
or other authorized CITY personnel to inspect its compound(s), equipment, stored vehicles,
personal property and records, relative to this Agreement, whenever, in the opinion of said
representatives of the CITY, such inspection is deemed reasonably necessary.
1.1.7 All terms and conditions of the City Request for Proposals and all responses by
Contractor are incorporated by reference and shall constitute the material provisions of this
Agreement as though set forth herein. The City’s Request for Proposal, is attached as Exhibit
“A”. The Contractor’s Proposal is attached as Exhibit “B”.
ARTICLE 2
MINIMUM STANDARDS
2.1 THE COMPOUND
2.1.1 The Contractor shall operate, maintain and provide a secured storage facility(s) for
impounded and confiscated vehicles. Storage facility may not be subcontracted. The storage
area must have a durable surface, properly drained and enclosed. No repair work or servicing
of vehicles shall be permitted in the storage area. Inside storage to handle a minimum of 15
vehicles, properly spaced to provide access for removal or addition of vehicles.
2.1.2 The City desires to have a minimum of 100 vehicle spaces available for outside
storage, properly spaced to provide access for removal or addition of vehicles. Proposers
bidding on the following options must have minimum spaces available at time of proposal as
stated below:
Option I - Single Provider: Minimum 100 spaces;
Option II -Two Providers: Minimum 50 spaces each;
Option III - Three Providers: Minimum 35 spaces each.
2.1.3 All indoor storage must be located within City Limits. Contractor shall maintain a
minimum of 15 outdoor storage spaces on site with Office operations which must be located
within the City limits. Location of remainder of outside storage site(s) shall not exceed a
distance of 10 miles from any city boundary.
2.1.4 Crime Scene Storage facility for vehicles which have been marked “HOLD” by the
City of Boynton Beach Police Department relative to a crime scene investigation shall be
stored at an inside secured facility within the City limits.
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2.1.5 Contractor may operate multiple storage facilities to meet the minimums.
2.1.6 The Contractor shall provide on a 24-hour basis, attendants and sufficient
equipment for immediate response to calls for service at the storage location(s) from the City
of Boynton Beach Police Department or other Departments.
2.1.7 Storage location sites shall not be changed unless prior written approval is
received by the City of Boynton Beach.
2.1.8 Storage location site shall meet or exceed Palm Beach County Towing Ordinance
2010-001 requirements and all applicable City / County zoning requirements.
2.1.9 Proof of Contractor ownership or lease of the storage facility shall be provided to
the City prior to the commencement of the lease and is a condition precedent and ongoing
requirement of the Agreement.
2.2 EQUIPMENT
2.2.1 At a minimum, Contractor shall own or lease four (4) Class “A” Towing/Recovery
Vehicles and two (2) Class “B” Towing/Recovery Vehicles in their fleet at time of RFP opening
to be considered.
2.2.2 Definition of Vehicle Class specifications (A, B, C) shall be per Palm Beach County
Ordinance 2011-008 Palm Beach County Towing Ordinance as amended.
2.2.3 Tow Truck Class Specifications:
Additionally, Contractor shall, within forty-five (45) days of award, prior to execution of Tow
Franchise Agreement and as a condition precedent to engaging in towing activities in the City
own or have under lease or under a joint use agreement the following:
Option I - Single Provider: One (1) Class “C” Towing/Recovery Vehicle and
One (1) Class “D” Towing/Recovery Vehicle.
Option II - Two Providers: One (1) Class “D” Towing/Recovery Vehicle
Option III - Three Providers: One (1) Class “D” Towing/Recovery Vehicle
2.2.4 Additionally, Contractor, at time of RFP shall provide information that Contractor
will have access through sub-contract, lease, or joint use agreement, to one (1) Lowboy with
capabilities to transport all large-scale City Trucks (Fire Trucks and Sanitation Trucks) at
approximately 64,000 lbs. The Lowboy shall have: air ride suspension, power winch, pulling
capability 12,000 lbs. minimum for dead pull, air brakes with auxiliary air supply and shall be
a minimum 48’ long.
2.2.5 All wrecker equipment shall have a current Palm Beach County Towing Operator
Permit and a valid Inspection Approval Decal on the equipment. Equipment listed below shall
be outfitted at all times with equipment designated on Palm Beach County Vehicle Inspection
Form.
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ARTICLE 3
COMPENSATION AND METHOD OF PAYMENT
3.1.1 The CONTRACTOR shall pay the CITY the sum of ___________ for the privilege
of engaging in this Agreement with the CITY. The first payment shall be made on or b efore
December 15, 2015 and thereafter in quarterly each March 15th, June 15th, September 15th,
and December 15th.
3.1.2 The CONTRACTOR shall charge for vehicle towing and/or storage in accordance
with the schedule of rates attached hereto as Exhibit “C”: Palm Beach County and made a
part hereof by reference.
3.1.3 The CONTRACTOR shall directly bill the vehicle owner/operator for towing and
storage charges.
ARTICLE 4
TERM AND TERMINATION
4.1.1 This is a two (2) year term contract commencing December 15, 2019 and ending
December 14, 2021. This contract may be renewed for three additional one-year terms upon
mutual agreement of City and Contractor.
4.1.2 This Agreement may be terminated by either party for cause upon thirty (30) days
written notice by the CITY to CONTRACTOR in which event the CONTRACTOR shall be paid
its compensation for services performed through the termination date. It may also be
terminated in whole or in part by the CITY, with or without cause, thirty (30) days written notice
by the CITY to CONTRACTOR. In the event that the CONTRACTOR abandons this
Agreement or causes it to be terminated, it shall indemnify the CITY against any loss
pertaining to this termination up to a maximum of the full contracted fee amount. All finished
or unfinished documents, data, studies, plans, surveys, and reports prepared by
CONTRACTOR shall become the property of CITY and shall be delivered by CONTRACTOR
to CITY.
4.1.3 Notice of intent to terminate, and the reason(s) therefor, shall be given in writing
by certified mail, return receipt requested or by hand delivery.
4.1.4 Upon the CITY's notification of intent to terminate for cause, the CONTRACTOR
shall have thirty (30) days from receipt of said notice to cure any default, provided, however,
that the CONTRACTOR shall have not more than two (2) opportunities to cure in any calendar
year; or
4.1.5 The CITY's Police Department may issue a formal reprimand to the
CONTRACTOR for any act of omission or commission which, in its sole discretion, is deemed
to be a violation of this Agreement. Any number of reprimands shall be grounds for
termination of this Agreement and/or removal of the CONTRACTOR from consideration of
renewal of the Agreement. The precise number and severity of reprimands thereof to be
determined are at the sole discretion of the CITY's Police Department.
4.1.6 Upon the completion of this Agreement or termination by either Party, vehicles
marked for confiscation by the CITY's Police Department for use by the CITY's Police
Department in accordance with State Statute, will be towed to the Public Safety Building
Compound.
4.1.7 This Agreement may also be terminated by the CITY for convenience upon thirty
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(30) days written notice by the CITY to CONTRACTOR. In the event the Agreement is
terminated for convenience, the annual franchise fee shall be prorated.
ARTICLE 5
ADDITIONAL PROVISIONS
5.1.1 NOTICE: Whenever any party desires to give notice unto any other party, it must
be given by written notice, sent by registered United States mail, with return receipt requested,
hand delivery or facsimile transmission with receipt of delivery, addressed to the party for
whom it is intended and the remaining party, at the places last specified, and the places for
giving of notice shall remain such until they shall have been changed by written notice in
compliance with the provisions of this section. For the present, the CONTRACTOR and the
CITY designate the following as the respective places for the giving of notice:
City: Lori LaVerriere, City Manager
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Phone: (561) 742-6010
Fax: (561) 742-6011
Copy To: James A. Cherof, City Attorney
Goren, Cherof, Doody, & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Phone: (954) 771-4500
Fax: (954) 771-4923
Contractor: _____________________________________
_____________________________________
_____________________________________
Phone: _________________________
Fax: _________________________
5.1.2 ASSIGNMENT/AMENDMENTS. This Agreement, or any interest herein, shall
not be assigned, transferred or otherwise encumbered, under any circumstances, by the
CONTRACTOR without the prior written consent of CITY. For purposes of this Agreement,
any change of ownership of CONTRACTOR shall constitute an assignment which requires
CITY approval. However, this Agreement shall run to the CITY and its successors and
assigns.
It is further agreed that no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the
same formality and of equal dignity herewith.
5.1.3 NO CONTINGENT FEES. The CONTRACTOR warrants that it has not employed
or retained any company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any person, company, corporation, individual or firm, other than a bona fide employee working
solely for CONTRACTOR any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of this provision, the CITY shall have the right to terminate the Agreement, without
liability, at its discretion and to deduct from the contract price, or otherwise recover the f ull
amount of such fee, commission, percentage, gift or consideration.
Page 322 of 1829
69
5.1.4 BINDING AUTHORITY. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and to bind and obligate such party with
respect to all provisions contained in this Agreement.
5.1.5 HEADINGS. The headings contained herein are for the convenience of reference
only and shall not be considered for the purpose of interpreting the provisions of this
Agreement.
5.1.6 EXHIBITS. Each Exhibit referred to in this Agreement forms an essential part of
this Agreement. The exhibits, even if not physically attached, should be treated as part of this
Agreement and are incorporated herein by reference.
5.1.7 SEVERABILITY. If any provision of this Agreement or application thereof to
any person or situation shall to any extent, be held invalid or unenforceable, the remainder of
this Agreement, and the application of such provisions to persons or situations other than
those as to which it shall have been held invalid or unenforceable shall not be affected thereby,
and shall continue in full force and effect, and be enforced to the fullest extent permitted by
law.
5.1.8 GOVERNING LAW. This Agreement shall be governed by the laws of the State
of Florida with venue lying in Palm Beach County, Florida.
5.1.9 LEGAL REPRESENTATION. It is acknowledged that each party to this
agreement had the opportunity to be represented by counsel in the preparation of this
Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the
party preparing same shall not apply herein due to the joint contributions of both parties.
5.1.10 EXTENT OF THE AGREEMENT. This Agreement represents the entire and
integrated agreement between the CITY and the CONTRACTOR and supersedes all prior
negotiations, representations or agreements, either written or oral.
5.1.11 ATTORNEY'S FEES AND COSTS. In connection with any litigation arising out of
or in connection with the Agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs.
5.1.12 PUBLIC RECORDS. Sealed documents received by the City in response to an
invitation are exempt from public records disclosure until thirty (30) days after the opening of
the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes
119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida’s Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY’s custodian of public records, provide the CITY with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and, following completion of the contract,
Page 323 of 1829
70
Contractor shall destroy all copies of such confidential and exempt records remaining
in its possession once the Contractor transfers the records in its possession to the
CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to
the CITY, all public records in Contractor’s possession All records stored
electronically by Contractor must be provided to the CITY, upon request from the
CITY’s custodian of public records, in a format that is compatible with the information
technology systems of the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO
THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BLVD., SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
GIBSONC@BBFL.US
5.1.13 SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating in
a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in
Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or has Contractor been engaged in business operations in Syria.
Subject to limited exceptions provided in state law, the City will not contract for the
provision of goods or services with any scrutinized company referred to above. Submitting
a false certification shall be deemed a material breach of contract. The City shall provide
notice, in writing, to Contractor of the City's determination concerning the false
certification. Contractor shall have five (5) days from receipt of notice to refute the false
certification allegation. If such false certification is discovered during the active contract
term, Contractor shall have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination of false certification was made in error. If
Contractor does not demonstrate that the City's determination of false certification was
made in error then the City shall have the right to terminate the contract and seek civil
remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year first written above.
DATED this _____ day of ________________________________________, 20____.
CITY OF BOYNTON BEACH
Page 324 of 1829
71
_________________________________ __________________________________
Lori LaVerriere, City Manager Signature of Authorized Official
__________________________________
Printed Name of Authorized Official
Attest/Authenticated: __________________________________
Title
_________________________________ (Corporate Seal)
Judy Pyle, City Clerk
Approved as to Form: Attest/Authenticated:
_________________________________ __________________________________
James A. Cherof, City Attorney Secretary
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _____ day of
_____________,2019 by ___________________ of _____________________ and
acknowledged (s)he executed the foregoing Agreement as the proper official of
_______________________, for the use and purposes mentioned in it and they affixed the
official seal of the corporation, and that the instrument is the act and deed of that corporation.
_________________________________________
(Signature of Notary Public - State of Florida)
_________________________________________
(Print, Type or Stamp Commission Name of Notary Public)
Personally Known ______ OR Produced Identification________
Type of Identification Produced______________________________
Page 325 of 1829
72
EXHIBIT A
SCOPE OF SERVICES
[Scope of Services will be inserted prior to execution]
Page 326 of 1829
73
EXHIBIT B
FEES AND PAYMENTS
[Will be inserted prior to execution]
Page 327 of 1829
Page 1 of 3
The City of
Boynton Beach
ADDENDUM No. 1
DATE: October 02, 2019
RFP TITLE: TOWING AND STORAGE SERVICES
RFP NO.: 024-2110-19/RW
This addendum to the specifications, and/or contract documents is issued to provide additional
information and clarification to the original RFP specifications and proposal form and is hereby
declared a part of the original specifications and/or contract documents. In case of a conflict,
this Addendum No. 1 shall govern.
RESPONSES TO QUESTIONS
Question: How many vehicles has the city had towed in the last 12 months?
Answer: The City requests approximately 140 rotational tows per month and 9 free tows per
month for an annual average of 1,788 tows.
ADD:
PRE-PROPOSAL CONFERENCE is scheduled as follows:
• DATE: Wednesday, October 09, 2019
• TIME: 3:30 P.M.
• LOCATION: City of Boynton Beach Main Conference Room, 3301 Quantum Blvd.,
Boynton Beach, FL 33426
REVISION:
SUBMITTAL INFORMATION response due date is revised as follows:
The City of Boynton Beach will receive RFP responses until OCTOBER 23, 2019, no
later than 2:30 P.M. (LOCAL TIME) in Procurement Services located at 3301 Quantum
Blvd., Suite 101, Boynton Beach, Florida 33426.
INQUIRIES due date is revised as follows:
Interested proposers may submit written inquiries regarding questions about the proposal
to Randy Wood, Purchasing Manager, by e-mail: woodj@bbfl.us, or by telephone (561)
742-6322. Purchasing Services will also receive written requests for clarification concerning
the meaning or interpretations of this RFP, until: OCTOBER 11, 2019, 4:00 P.M.
Finance/Procurement Services
3301 Quantum Blvd., Suite 101
Boynton Beach, Florida 33426
Telephone: (561) 742-6310
FAX: (561) 742-6316
Page 328 of 1829
Page 2 of 3
Section IV – SCOPE OF SERVICES is revised as follows:
1.0 Scope of Work
1.1 Towing Services
All actions required for a safe tow that protects the vehicle / vessels / equipment from
damage will be performed by the tow company to include removing drive shafts and caging
brake chambers.
1.1.2 Towing – City directed for City vehicles / vessels
For the purposes of this agreement, a tow is considered to be for “convenience” when a vehicle
can be safely driven and the City chooses not to do so. Towing of vehicles for City convenience,
shall be paid by the City.
Provide a fixed rate for towing City vehicles / vessels / equipment from City property to
auction site within Palm Beach County_____________________.
PRICE PER TOW
Sincerely,
Tim W. Howard
Assistant City Manager - Administration
cc: Finance/Procurement
Page 329 of 1829
THIS PAGE TO BE SUBMITTED FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Page 3 of 3
The City of
Boynton Beach
ACKNOWLEDGEMENT OF ADDENDUM No. 1
TOWING AND STORAGE SERVICES
RFP NO.: 024-2110-19/RW
RESPONDENT MUST SIGN, DATE AND INCLUDE THIS “ACKNOWLEDGEMENT
OF ADDENDUM NO. 1 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE
CONSIDERED COMPLETE AND ACCEPTABLE.
PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE
NAME OF COMPANY DATE
Finance/Procurement Services
3301 Quantum Blvd., Suite 101
Boynton Beach, Florida 33426
Telephone: (561) 742-6310
FAX: (561) 742-6316
Page 330 of 1829
Page 1 of 3
The City of
Boynton Beach
ADDENDUM No. 2
DATE: October 17, 2019
RFP TITLE: TOWING AND STORAGE SERVICES
RFP NO.: 024-2110-19/RW
This addendum to the specifications, and/or contract documents is issued to provide additional
information and clarification to the original RFP specifications and proposal form and is hereby
declared a part of the original specifications and/or contract documents. In case of a conflict,
this Addendum No. 2 shall govern.
Answers to the following questions received are hereby provided for clarification purposes:
1. QUESTION: In order to be considered responsive you must meet the minimum
equipment eligibility at time RFP is submitted?
ANSWER: 2.0 Minimum Equipment Eligibility, states the following:
At a minimum, Contractor shall own or lease four (4) Class “A” Towing/Recovery Vehicles
and two (2) Class “B” Towing/Recovery Vehicles in their fleet at time of RFP opening to be
considered as a responsive bidder.
Additionally, Contractor shall, within forty-five days of award and prior to execution of
Towing Franchise Agreement, and as a condition precedent to engaging in towing activities
in the City, own or have under lease or joint use agreement the following:
Option I – Single Provider: One Class “C” Towing/Recovery Vehicle and One
Class “D” Towing/Recovery Vehicle;
Option II – Two Providers: One Class “D” Towing/Recovery Vehicle
Option III – Three Providers: One Class “D” Towing/Recovery Vehicle
At time of RFP submittal, contractor shall provide information that contractor shall
have access through subcontract, lease, or joint use agreement, to one Lowboy with
capabilities to transport all large-scale City vehicles
8.0 PERFORMANCE PROBATION PERIOD, states the following:
A. A contractor awarded an Agreement will be subject to a three (3) month
probationary period. During this time, the contractor's performance will be
evaluated by City staff. If TOW CONTRACTOR'S performance fails to meet the
standards set forth in this Agreement, the City Commission may, upon the
Finance/Procurement Services
3301 Quantum Blvd., Suite 101
Boynton Beach, Florida 33426
Telephone: (561) 742-6310
FAX: (561) 742-6316
Page 331 of 1829
Page 2 of 3
recommendation of City staff, by written notice setting forth the default under the
Agreement terms, revoke the Agreement. If performance is acceptable at the
end of the probationary period described herein, TOW CONTRACTOR will be so
notified by the City.
B. Should the City Commission revoke the Agreement within the three (3) month
probationary period, another Agreement may be awarded to an eligible company
as determined by the City Commission.
2. QUESTION: Just to confirm minimum storage requirements of inside & crime scene
storage being 15 spaces inside city limits.
ANSWER: 3.0 Minimum Storage Eligibility, states the following:
All indoor storage must be located within City limits. Contractor shall maintain a
minimum of fifteen (15) outdoor storage spaces on site with Office Operations and must
be located in the City limits.
3. QUESTION: Due to rising costs, would the city consider changing fleet city tows to allow
contractors to charge a discounted fixed rate for tows outside of City of Boynton Beach
limits only?
ANSWER: NO
4. QUESTION: Due to rising costs, would the city consider changing fleet city tows to allow
contractors to charge a discounted fixed rate for tows over the amount of tows estimated
in RFP. For example, if bid states 10 city fleet tows per month, then the 11th city fleet
tow is to be paid by the City.
ANSWER: NO
5. QUESTION: Just want to confirm an addendum will be sent out on how many police
directed tows & how many city fleet tows are conducted?
ANSWER: The information provided in Addendum 1 is hereby revised after performing a
more accurate count for the time period (October 1, 2018 to October 1, 2019). The City
requests approximately 120 rotational tows per month and 18 City tows per month for an
annual average of 1,644 tows.
Sincerely,
Mara
Frederiksen
Director of Financial Services
Page 332 of 1829
THIS PAGE TO BE SUBMITTED FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Page 3 of 3
The City of
Boynton Beach
ACKNOWLEDGEMENT OF ADDENDUM No. 2
TOWING AND STORAGE SERVICES
RFP NO.: 024-2110-19/RW
RESPONDENT MUST SIGN, DATE AND INCLUDE THIS “ACKNOWLEDGEMENT
OF ADDENDUM NO. 2 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE
CONSIDERED COMPLETE AND ACCEPTABLE.
PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE
NAME OF COMPANY DATE
Finance/Procurement Services
3301 Quantum Blvd., Suite 101
Boynton Beach, Florida 33426
Telephone: (561) 742-6310
FAX: (561) 742-6316
Page 333 of 1829
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Page 394 of 1829
PROPOSERS - NAME OF FIRM Priority
Towing Zuccala’s Beck’s Priority
Towing Zuccala’s Beck’s Priority
Towing Zuccala’s Beck’s Priority
Towing Zuccala’s Beck’s
EVALUATION CRITERIA Option 1-Single Award
Evaluation
Max.
Points Score Score Score Score Score Score Score Score Score Score Score Score
1 40 34.8 27.2 40 34.8 27.2 40 34.8 28 40 34.8 27.2 40
2 10 9 9 9 8 8 6 9 10 8 8 10 9
3 10 10 3 9 10 3 6 10 5 9 10 3 9
4 10 9 3 9 7 5 6 10 5 9 9 3 9
5 10 10 8 10 10 8 10 10 8 10 10 7 10
6 8 7 7 7 8 7 6 8 7 7 8 6 8
7 7 7 7 6 7 6 4 7 7 5 7 6 6
8 7 6 6 6 7 7 7 7 7 7 7 6 7
9 5 5 5 5 5 5 5 5 5 5 5 5 5
107 97.8 75.2 101 96.8 76.2 90 100.8 82 100 98.8 73.2 103
PROPOSERS - NAME OF FIRM Priority
Towing Zuccala’s Beck’s Priority
Towing Zuccala’s Beck’s Priority
Towing Zuccala’s Beck’s Priority
Towing Zuccala’s Beck’s
EVALUATION CRITERIA Option 2 - Two Awards
Evaluation
Max.
Points Score Score Score Score Score Score Score Score Score Score Score Score
1 40 29.2 40 28 29.2 40 28 29.2 40 28 29.2 40 28
2 10 9 9 9 8 8 6 9 10 8 8 10 9
3 10 10 3 9 10 3 6 10 5 9 10 3 9
4 10 9 3 9 7 5 6 10 5 9 9 3 9
5 10 10 8 10 10 8 10 10 8 10 10 7 10
6 8 7 7 7 8 7 6 8 7 7 8 6 8
7 7 7 7 6 7 6 4 7 7 5 7 6 6
8 7 6 6 6 7 7 7 7 7 7 7 6 7
9 5 5 5 5 5 5 5 5 5 5 5 5 5
107 92.2 88 89 91.2 89 78 95.2 94 88 93.2 86 91
PROPOSERS - NAME OF FIRM Priority
Towing Zuccala’s Beck’s Priority
Towing Zuccala’s Beck’s Priority
Towing Zuccala’s Beck’s Priority
Towing Zuccala’s Beck’s
EVALUATION CRITERIA Option 3-Three Awards
Evaluation
Max.
Points Score Score Score Score Score Score Score Score Score Score Score Score
1 40 37.2 40 16.4 37.2 40 16.4 37.2 40 16.4 37.2 40 16.4
2 10 9 9 9 8 8 6 9 10 8 8 10 9
3 10 10 3 9 10 3 6 10 5 9 10 3 9
4 10 9 3 9 7 5 6 10 5 9 9 3 9
5 10 10 8 10 10 8 10 10 8 10 10 7 10
6 8 7 7 7 8 7 6 8 7 7 8 6 8
7 7 7 7 6 7 6 4 7 7 5 7 6 6
8 7 6 6 6 7 7 7 7 7 7 7 6 7
9 5 5 5 5 5 5 5 5 5 5 5 5 5
107 100.2 88 77.4 99.2 89 66.4 103.2 94 76.4 101.2 86 79.4
PROPOSERS - NAME OF FIRM Priority
Towing Zuccala’s Beck’s
Average Score Total Option 1-Single Award
Evaluation Points 98.55 76.65 98.5
Average Score Total Option 2-Two Awards
Evaluation Points 92.95 89.25 86.5
Average Score Total Option 3-Three Award
Evaluation Points 100.95 89.25 74.9
Evaluator # 2 Evaluator # 3 Evaluator #4Evaluator # 1RFP NO. 024-2110-19/RW – TOWING AND
STORAGE SERVICES
Stability of Company Organization /
Operations
Franchise Fee
CITY OF BOYNTON BEACH
Proposal - Selection Committee Best & Final Offer Evaluation Form
Size, Diversity and Condition of the Fleet
TOTAL POINTS
LOCAL BUSINESS (No Local Businesses)
Storage Location(s)
Operating Record
Report formats
Technical Approach /Communications /
Dispatch Operations
Successful contracts /rotation lists with
other Governmental Agencies
Franchise Fee
Stability of Company Organization /
Operations
Size, Diversity and Condition of the Fleet
Operating Record
Storage Location(s)
Operating Record
Technical Approach /Communications /
Dispatch Operations
Successful contracts /rotation lists with
other Governmental Agencies
Report formats
LOCAL BUSINESS (No Local Businesses)
Technical Approach /Communications /
Dispatch Operations
Successful contracts /rotation lists with
other Governmental Agencies
Report formats
LOCAL BUSINESS (No Local Businesses)
TOTAL POINTS
TOTAL POINTS
Franchise Fee
Stability of Company Organization /
Operations
Size, Diversity and Condition of the Fleet
Storage Location(s)
Page 395 of 1829
6.N.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve piggy-bac k via Purchase Order of Sourcewell
Contract 061015-S K I to purchase of new mobile truck lifts from Stertil Koni in the estimated amount of
$52,347.24 as allocated in the Fisc al Year 2019-2020 Fleet Maintenance Budget, the Sourcewell Contract
061015-S K I meets the C ity's proc urement requirements.
E X P L AN ATIO N O F R EQ U E S T:
The Fleet Administrator rec ommends the purc hase of one (1) set of mobile truck lifts for the Fleet
Maintenance Division as approved in the fiscal year 2019-2020 budget.
Sourcewell Contract 061015-S K I (Effective J uly 21, 2015 - J uly 21, 2020).
The Fleet Maintenanc e Division intends to award the following vendor for purchase (see attached Exhibit 1 for
vendor details):
1. Stertil K oni for one (1) set of mobile truc k lifts for the Fleet Maintenance D ivision in the amount of
$52,347.24 utilizing the Sourcewell contract 061015-S K I .
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? These lifts will increase safety and
effic iency while servic ing larger City vehicles such as Solid W aste, Utilities, and Fire Departments.
F IS C AL IMPAC T: Budgeted
Funding for this purc hase is budgeted in the Fleet Maintenance Division acc ount #501-2516-519.62-01
Building I mprovements ($72,000).
ALT E R N ATIV E S:
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
Page 396 of 1829
AT TAC H ME N TS :
Type Desc ription
Exhibit Exhibit 1 - Proposal and Sourc ewell Contrac t
Page 397 of 1829
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6.O.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve the one-y ear extension for RF Ps/Bids and/ or piggy -
backs for the proc urement of servic es and/or c ommodities as desc ribed in the written report for Dec ember
03, 2019- "Request for Extensions and/or Piggy backs."
E X P L AN ATIO N O F R EQ U E S T:
As required, the Financ e/Procurement D epartment submits requests for award to the C ommission; requests
for approval to enter into c ontrac ts and agreements as the result of formal solic itations; and to piggy-bac k
governmental contracts. Options to extend or renew are noted in the “Agenda Request I tem” presented to
Commission as part of the initial approval proc ess. Proc urement seeks to provide an acc urate and effic ient
method to keep the C ommission informed of pending renewals and the anticipated expenditure by reduc ing
the paperwork of processing each renewal and/or extension individually and summarizing the information in a
monthly report (as required).
V E N D O R(S)D ESC R IP T IO N O F
S O LIC ITAT IO N
S O L IC ITAT IO N
N U MB E R
R E N E W AL
T E R M
R E V E N U E
AMO U N T
Oceanside B each
Service, I nc .
Beac h Equipment
C oncession for
Oceanfront Park
007-2730-16J MA December 16,
2019 thr u
December 15,
2020
$40,800/Y R
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? This renewal report will be used for
those solicitations, c ontrac ts/agreements and piggy -backs that renewed/extended with the same terms and
conditions and pric ing as the initial award.
F IS C AL IMPAC T: Budgeted
The vendor has agreed to renew the Contract for the sec ond one-y ear renewal option thru D ec ember 15,
2020 with $3,400 monthly lease payments in ac cordanc e with the lease agreement provisions, resulting in
$40,800 annual estimated revenue to the City of Boynton Beac h.
ALT E R N ATIV E S:
Not approve renewal and require new solicitations to be issued.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Page 495 of 1829
Is this a grant? No
G rant Amount:
AT TAC H ME N TS :
Type Description
Addendum Oc eanside Beac h S ervice Renewal Agreement
Letter
Addendum Oc ean Side B ch Servic e Agreement
Addendum Oc eanside Bc h S ervice Lease Extension - Oct.
2018
Addendum Oc eanside Bc h S ervice Proposal 007-2730-
16J MA - Nov. 2015
Addendum RE QUE S T F OR B I D E X TE NS I ONS 12-03-19
RW
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CITY OF BOYNTON BEACH
REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS
December 03, 2019
REQUESTING DEPARTMENT: RECREATION (Equipment Concession for Oceanfront Park )
DEPARTMENT CONTACT: WALLY MAJORS
TERM: December 16, 2019 thru December 15, 2020
SOURCE FOR PURCHASE: City RFP No. 007-2730-16/JMA
ACCOUNT NUMBER: N/A
VENDOR(S): Oceanside Beach Service, Inc.
ANNUAL ESTIMATED EXPENDITURE: N/A – Annual Estimated Revenue: $40,800
DESCRIPTION:
On December 15, 2015, City Commission approved a three-year lease agreement with Oceanside Beach Service, Inc. for
beach equipment rental concession at Oceanfront Park.
The Contract allows for three (3) additional one-year renewal options with the same terms and conditions and
predetermined annual increases in the monthly rent paid to City of Boynton Beach. The vendor has agreed to renew the
Contract for the second one-year renewal option thru December 15, 2020 with $3,400 monthly lease payments in
accordance with the lease agreement provisions.
Page 541 of 1829
6.P.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Ac cept the written report to the C ommission for purchases
over $10,000 for the month of October 2019.
E X P L AN ATIO N O F R EQ U E S T:
Per Ordinanc e No.01-66, C hapter 2, Section 2-56.1 E xc eptions to competitive bidding, Paragraph b, which
states: “Further, the City Manager, or in the City Manager ’s absence, the Ac ting City Manager is authorized
to execute a purc hase order on behalf of the City for such purchases under the $25,000 bid threshold for
personal property, c ommodities, and services, or $75,000 for construc tion. The C ity Manager shall file a
written report with the City Commission at the sec ond Commission meeting of each month listing the
purchase orders approved by the City Manager, or Acting C ity Manager. Below is a list of the purc hases for
Oc tober
2019:
Purc hase Order Vendor Amount
190829 (C O)Atlantic Southern Paving & S ealc oating $13,206.75
200175 C hampion Solutions Group $14,458.00
200346 HS Q Group, I nc.$21,595.00
200348 C AP Government, I nc.$24,750.00
200356 Runbrook, L L C $13,800.00
200394 Flamingo Shop Serv $17,262.00
200395 Atlantic Southern Paving & S ealc oating $36,745.00
200397 A-1 Air Solutions, L L C $18,500.00
200416 Green I nfrastructure C enter $16,000.00
200422 Atlantic Southern Paving & S ealc oating $65,810.40
200423 S HI $19,798.86
200437 Step C G, L L C $12,812.80
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? Ordinanc e No.01-66, Chapter 2,
Sec tion 2-56.1 assists departments in timely procurement of commodities, services, and personal property.
Administrative controls are in place with the development of a special processing form titled “Request for
Purc hases over $10,000” and eac h purchase request is reviewed and approved by the Department Director,
Finance Department, and C ity Manager.
F IS C AL IMPAC T: This Ordinance provides the impact of reducing paperwork by streamlining processes
within the organization. This allows administration to maintain internal controls for these purc hases, reduce
the administrative overhead of proc essing for approval, and allow for making more timely purc hases.
ALT E R N ATIV E S: None
S T R AT E G IC P LAN:
Page 542 of 1829
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Attachment Attachment
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6.Q.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
Approve Bid # 002-1412-20/MF D for "A NNUA L S UPPLY OF MI S C E L L A NE OUS UNI FORMS TO
I NC LUD E E MB ROI D ERY A ND S I L K S C RE E NI NG" to the following two (2) c ompanies: S P Designs and
Global Trading on a primary and sec ondary vendor basis, to the lowest, most responsive, responsible bidders
who met all specifications with an estimated annual amount of $50,000.
E X P L AN ATIO N O F R EQ U E S T:
Contract Term: December 7, 2019 thru December 6, 2020
On November 5, 2019, Proc urement Services opened and tabulated five (5) bids for Embroidery and Silk
Screening Uniforms. All bids were reviewed
by the Manager of Materials and Distribution. I t was determined to recommend this award to two (2)
companies as a primary and sec ondary. The award is as follows:
Primary
S P Designs + Mfg Inc.
Disc ount 20%
Final I tem Pric e $39.62
Their price sheet listed the final item price as $39.49, however, when applying the disc ount correc tly, the
pric e is actually $39.62.
Sec ondary
G lobal Trading, Inc.
Disc ount 25%
Final I tem Pric e $57.26
Notes
The Player's Connection of Florida L L C
ranked third with a final item pric e of $60.86.
Their price sheet listed the final item price as $60.69, however, when applying the disc ount correc tly, the
pric e is actually $60.86.
Kluch Clothing
ranked fourth with a final item pric e of $61.58 (Local Business preference applied) Original final item price is
$64.71
Royal G raphics Design Solutions Management L LC
ranked fifth with a final item price of $64.66
The bid will be for a period of 12/7/19 to 12/6/20 and allow for two (2) additional one (1) y ear extensions at
the same terms, conditions and prices subject to vendor ac ceptanc e, satisfac tory performance and
determination that the renewal is in the best interest of the C ity.
The c urrent bid 005-1412-17/MF D will expire 12/6/19.
Page 701 of 1829
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
The purpose of this bid is to secure a source of supply for the purc hase of E mbroidery and Silk Sc reening
Uniforms. These supplies will be ordered on an “A S NEED E D B A S I S” and stocked within the City’s
W arehouse.
F IS C AL IMPAC T: Budgeted
Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of $50,000.
F Y 17/18 expenditures were $34,434.69
F Y 18/19 expenditures were $39,738.79
F Y 19/20 expenditures to date are $14,476.57
ALT E R N ATIV E S:
Obtain quotes on an “as needed” basis which would not be c ost effective.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Addendum Global Price S heet
Addendum Tabulation Sheet
Addendum Play er's Connec tion Pric e Sheet
Addendum Kluc h Price S heet
Addendum Royal Graphic s Pric e Sheet
Addendum S P Designs Pric e S heet
Page 702 of 1829
Page 703 of 1829
ITEM DISCOUNT
1 25% Off
ITEM DESCRIPTION DISCOUNT % FROM ITEM 1
MEN'S ROYAL BLUE POLO SHIRT
SIZE XL
CITY LOGO ON LEFT CHEST
4 COLOR LOGO EMBROIDERED ON FRONT
LIME GREEN SHORT SLEEVED T-SHIRT
SIZE XL
CITY LOGO ON LEFT CHEST / TWO LINE WORDS ON BACK
2 COLOR SILKSCREEN ON FRONT AND BACK
NAVY BLUE SHORT SLEEVED T-SHIRT
SIZE XL
FIRE LOGO ON LEFT CHEST / THREE LINE WORDS ON BACK
5 COLOR SILKSCREEN ON FRONT AND 2 ON BACK
NAVY BLUE SHORT SLEEVED T-SHIRT
SIZE XL
POLICE LOGO ON LEFT CHEST / POLICE ON BACK
1 COLOR SILKSCREEN ON FRONT AND BACK
DARK GREEN BALL CAPS
ONE SIZE FITS ALL
CITY LOGO ON FRON
4 COLOR LOGO EMBROIDERED ON FRONT
TOTAL FINAL PRICE
BIDDER ACKNOWLEDGEMENT
NONCOLLUSION AFFIDAVIT
ANTI-KICKBACK AFFIDAVIT
CONFIRMATION OF MINORITY OWNED BUSINESS
CONFIRMATION OF DRUG-FREE WORKPLACE
PALM BEACH COUNTY INSPECTOR GENERAL
LOCAL BUSINESS
SCRUTINIZED COMPANIES
ADDENDUM
COMMENTS
ST350
100% POLYESTER
100% POLYESTER
$22.29
25% OFF $8.38
100% COTTON
6307
CURRENT PRICE FINAL ITEM PRICEMANUFACTURER
HANES BEEFY T
K455
PERFORMANCE
SPORT-TEK
GILDAN 42000
25% OFF
PORT AUTHORITY SIGNATURE
60% COTTON / 40% POLYESTER
YES
Contact: Barry Levontin
Phone: (954) 491-4044
Email: barry@gtim.com
ANNUAL SUPPLY OF MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING
BID # 002-1412-20/MFD
Global Trading, Inc.
525 NE 32nd Street
Fort Lauderdale, FL. 33334
YES
YES
NOT A LOCAL BUSINESS
YES
NOT A MINORITY OWNED BUSINESS
YES
YES
YES
YES
Global Trading, Inc.
525 NE 32nd Street
Fort Lauderdale, FL. 33334
Contact: Barry Levontin
Phone: (954) 491-4044
Email: barry@gtim.com
25% OFF $6.09
OTTO
100% COTTON
19-702
$7.60 FOR SILK SCREEN
$7.98 FOR T-SHIRT
$4.00 FOR SILK SCREEN
$4.38 FOR CAP
$3.73 FOR EMBROIDERY
$57.26
25% OFF $11.51
25% OFF $8.99
NA
2
$25.98 FOR POLO
$3.73 FOR EMBROIDERY
$6.24 FOR T-SHIRT
$4.94 FOR SILK SCREEN
$7.74 FOR T-SHIRT
Page 704 of 1829
ITEM DISCOUNT
1 10% Off
ITEM DESCRIPTION DISCOUNT % FROM ITEM 1
MEN'S ROYAL BLUE POLO SHIRT
SIZE XL
CITY LOGO ON LEFT CHEST
4 COLOR LOGO EMBROIDERED ON FRONT
LIME GREEN SHORT SLEEVED T-SHIRT
SIZE XL
CITY LOGO ON LEFT CHEST / TWO LINE WORDS ON BACK
2 COLOR SILKSCREEN ON FRONT AND BACK
NAVY BLUE SHORT SLEEVED T-SHIRT
SIZE XL
FIRE LOGO ON LEFT CHEST / THREE LINE WORDS ON BACK
5 COLOR SILKSCREEN ON FRONT AND 2 ON BACK
NAVY BLUE SHORT SLEEVED T-SHIRT
SIZE XL
POLICE LOGO ON LEFT CHEST / POLICE ON BACK
1 COLOR SILKSCREEN ON FRONT AND BACK
DARK GREEN BALL CAPS
ONE SIZE FITS ALL
CITY LOGO ON FRON
4 COLOR LOGO EMBROIDERED ON FRONT
TOTAL FINAL PRICE
BIDDER ACKNOWLEDGEMENT
NONCOLLUSION AFFIDAVIT
ANTI-KICKBACK AFFIDAVIT
CONFIRMATION OF MINORITY OWNED BUSINESS
CONFIRMATION OF DRUG-FREE WORKPLACE
PALM BEACH COUNTY INSPECTOR GENERAL
LOCAL BUSINESS
SCRUTINIZED COMPANIES
ADDENDUM
COMMENTS
FINAL ITEM PRICE
PORT AUTHORITY SIGNATURE
ANNUAL SUPPLY OF MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING
BID # 002-1412-20/MFD
Kluch Clothing
215 SE 8th Ave
Boynton Beach, FL. 33435
Contact: John Ready
60% COTTON / 40% POLYESTER
K455
$27.85 10% OFF
Phone: (561) 734-9665
Email: john@kluch.com
MANUFACTURER CURRENT PRICE
100% POLYESTER
PERFORMANCE
HANES BEEFY T
100% COTTON
6307
GILDAN 42000
$61.58
$10.28 10% OFF $9.25
SPORT-TEK
100% POLYESTER
ST350
Contact: John Ready
Phone: (561) 734-9665
Email: john@kluch.com
YES
YES
YES
YES
NOT A MINORTY OWNED BUSINESS
YES
YES
YES
The incorrect price was inputted for the polo shirt based on the
10% discount. Cost should be $25.07 which will bring total to $64.82
5% VARIANCE FOR EVALUATION APPLIES
THEY ARE A LOCAL BUSINESS
YES
NA
$10.93 10% OFF $9.84
$10.78 10% OFF $9.70
OTTO
$12.18 10% OFF $10.96
100% COTTON
19-702
$64.71
Kluch Clothing
215 SE 8th Ave
Boynton Beach, FL. 33435
DUE TO LOCAL BUSINESS PREFERENCE
2
$24.96
Should be $25.07 with 10% Discount
Should be $64.82 with adjustment
5% Adjustment
Page 705 of 1829
ITEM DISCOUNT
1 30% Off
ITEM DESCRIPTION DISCOUNT % FROM ITEM 1
MEN'S ROYAL BLUE POLO SHIRT
SIZE XL
CITY LOGO ON LEFT CHEST
4 COLOR LOGO EMBROIDERED ON FRONT
LIME GREEN SHORT SLEEVED T-SHIRT
SIZE XL
CITY LOGO ON LEFT CHEST / TWO LINE WORDS ON BACK
2 COLOR SILKSCREEN ON FRONT AND BACK
NAVY BLUE SHORT SLEEVED T-SHIRT
SIZE XL
FIRE LOGO ON LEFT CHEST / THREE LINE WORDS ON BACK
5 COLOR SILKSCREEN ON FRONT AND 2 ON BACK
NAVY BLUE SHORT SLEEVED T-SHIRT
SIZE XL
POLICE LOGO ON LEFT CHEST / POLICE ON BACK
1 COLOR SILKSCREEN ON FRONT AND BACK
DARK GREEN BALL CAPS
ONE SIZE FITS ALL
CITY LOGO ON FRON
4 COLOR LOGO EMBROIDERED ON FRONT
TOTAL FINAL PRICE
BIDDER ACKNOWLEDGEMENT
NONCOLLUSION AFFIDAVIT
ANTI-KICKBACK AFFIDAVIT
CONFIRMATION OF MINORITY OWNED BUSINESS
CONFIRMATION OF DRUG-FREE WORKPLACE
PALM BEACH COUNTY INSPECTOR GENERAL
LOCAL BUSINESS
SCRUTINIZED COMPANIES
ADDENDUM
COMMENTS
FINAL ITEM PRICE
PORT AUTHORITY SIGNATURE
ANNUAL SUPPLY OF MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING
BID # 002-1412-20/MFD
The Player's Connection of Florida, LLC
18654 NW 67th Avenue
Hialeah, FL. 33015
Contact: Stacy F. Torres
60% COTTON / 40% POLYESTER
K455
$33.95 30% OFF
Phone: (954) 916-1171
Email: stacy@playersconnectionflorida.com
MANUFACTURER CURRENT PRICE
100% POLYESTER
PERFORMANCE
HANES BEEFY T
100% COTTON
6307
GILDAN 42000
$11.25 30% OFF $7.88
SPORT-TEK
100% POLYESTER
ST350
YES
HISPANIC/WOMEN OWNED BUSINESS
YES
Contact: Stacy F. Torres
Phone: (954) 916-1171
Email: stacy@playersconnectionflorida.com
YES
YES
YES
YES
discount is applied
$60.86 is the cost when the 30%
discount is applied correctly
YES
NOT A LOCAL BUSINESS
YES
NA
$23.76
$13.00 30% OFF $9.10
$14.50 30% OFF
Should be $10.15 when 30%
discount is applied
30% OFF
100% COTTON
19-702
$9.95
Should be $9.97 when 30%
$60.69
The Player's Connection of Florida, LLC
18654 NW 67th Avenue
Hialeah, FL. 33015
2
$10.00
OTTO
$14.25
Page 706 of 1829
ITEM DISCOUNT
1 35% Off
ITEM DESCRIPTION DISCOUNT % FROM ITEM 1
MEN'S ROYAL BLUE POLO SHIRT
SIZE XL
CITY LOGO ON LEFT CHEST
4 COLOR LOGO EMBROIDERED ON FRONT
LIME GREEN SHORT SLEEVED T-SHIRT
SIZE XL
CITY LOGO ON LEFT CHEST / TWO LINE WORDS ON BACK
2 COLOR SILKSCREEN ON FRONT AND BACK
NAVY BLUE SHORT SLEEVED T-SHIRT
SIZE XL
FIRE LOGO ON LEFT CHEST / THREE LINE WORDS ON BACK
5 COLOR SILKSCREEN ON FRONT AND 2 ON BACK
NAVY BLUE SHORT SLEEVED T-SHIRT
SIZE XL
POLICE LOGO ON LEFT CHEST / POLICE ON BACK
1 COLOR SILKSCREEN ON FRONT AND BACK
DARK GREEN BALL CAPS
ONE SIZE FITS ALL
CITY LOGO ON FRON
4 COLOR LOGO EMBROIDERED ON FRONT
TOTAL FINAL PRICE
BIDDER ACKNOWLEDGEMENT
NONCOLLUSION AFFIDAVIT
ANTI-KICKBACK AFFIDAVIT
CONFIRMATION OF MINORITY OWNED BUSINESS
CONFIRMATION OF DRUG-FREE WORKPLACE
PALM BEACH COUNTY INSPECTOR GENERAL
LOCAL BUSINESS
SCRUTINIZED COMPANIES
ADDENDUM
COMMENTS
FINAL ITEM PRICE
PORT AUTHORITY SIGNATURE
ANNUAL SUPPLY OF MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING
BID # 002-1412-20/MFD
Royal Graphics Design Solutions Management LLC
3956 Town Center Blvd, Suite 518
Orlando, FL. 32837
Contact: Shary Delgado
60% COTTON / 40% POLYESTER
K455
$35.98 35% OFF
Phone: (407) 398-0503
Email: sales@rgdsm.com
MANUFACTURER CURRENT PRICE
100% POLYESTER
PERFORMANCE
HANES BEEFY T
100% COTTON
6307
GILDAN 42000
$15.23 35% OFF $9.90
SPORT-TEK
100% POLYESTER
ST350
Contact: Shary Delgado
Phone: (407) 398-0503
Email: sales@rgdsm.com
YES
YES
NOT SUBMITTED
YES
YES
NOT A MINIORTY OWNED BUSINESS
YES
$11.01
YES
NA
YES
$11.05
100% COTTON
19-702
$23.39
$14.32 35% OFF $9.31
$16.94 35% OFF
$64.66
Royal Graphics Design Solutions Management LLC
3956 Town Center Blvd, Suite 518
Orlando, FL. 32837
2
OTTO
$17.00 35% OFF
Page 707 of 1829
ITEM DISCOUNT120% OffITEM DESCRIPTIONDISCOUNT % FROM ITEM 1MEN'S ROYAL BLUE POLO SHIRTSIZE XLCITY LOGO ON LEFT CHEST4 COLOR LOGO EMBROIDERED ON FRONTLIME GREEN SHORT SLEEVED T-SHIRTSIZE XLCITY LOGO ON LEFT CHEST / TWO LINE WORDS ON BACK2 COLOR SILKSCREEN ON FRONT AND BACKNAVY BLUE SHORT SLEEVED T-SHIRTSIZE XLFIRE LOGO ON LEFT CHEST / THREE LINE WORDS ON BACK5 COLOR SILKSCREEN ON FRONT AND 2 ON BACKNAVY BLUE SHORT SLEEVED T-SHIRTSIZE XLPOLICE LOGO ON LEFT CHEST / POLICE ON BACK1 COLOR SILKSCREEN ON FRONT AND BACKDARK GREEN BALL CAPSONE SIZE FITS ALLCITY LOGO ON FRON4 COLOR LOGO EMBROIDERED ON FRONTTOTAL FINAL PRICEBIDDER ACKNOWLEDGEMENTNONCOLLUSION AFFIDAVITANTI-KICKBACK AFFIDAVITCONFIRMATION OF MINORITY OWNED BUSINESSCONFIRMATION OF DRUG-FREE WORKPLACEPALM BEACH COUNTY INSPECTOR GENERALLOCAL BUSINESSSCRUTINIZED COMPANIESADDENDUMFINAL ITEM PRICEPORT AUTHORITY SIGNATURE$21.7520% OFFANNUAL SUPPLY OF MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENINGBID # 002-1412-20/MFDSP Designs + Mfg, Inc.1215 SE 10th St.Cape Coral, FL. 33990Contact: Sonya ReichenbachHANES BEEFY T $6.00Phone: (239) 424-8060Email: sonyar@spdesignsmfg.comMANUFACTURER CURRENT PRICE2 20% OFF100% COTTON6307GILDAN 42000$8.20 20% OFF60% COTTON / 40% POLYESTERK455$6.78 20% OFF100% POLYESTERST350100% POLYESTERPERFORMANCESPORT-TEKOTTO$6.80 20% OFF100% COTTON19-702$39.49SP Designs + Mfg, Inc.1215 SE 10th St.Cape Coral, FL. 33990Contact: Sonya ReichenbachPhone: (239) 424-8060$39.62 is the cost when the 20%discount is applied correctlyEmail: sonyar@spdesignsmfg.comYESYESYESYESNOT A MINORITY OWNED BUSINESSYESShould be $5.42 when 20%discount is applied$5.45Should be $5.44 when 20%discount is appliedYESYESNOT A LOCAL BUSINESSYESdiscount is applied$6.52Should be $6.56 when 20%discount is applied$5.39NA$17.34Should be $17.40 when 20%discount is applied$4.79Should be $4.80 when 20%Page 708 of 1829
COMMENTSPage 709 of 1829
Page 710 of 1829
Page 711 of 1829
Page 712 of 1829
Page 713 of 1829
6.R.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Authorize the Piggy -Back by Purchase Order of the Palm
Beach County Term C ontrac t 18055A for the emergenc y purchase and repair of fiber optic c abling between
Rolling Green Tower and Public W orks Administration by Prec ision Contract S ervices in the amount of
$53,552.50 for two P O’s previously approved by the C ity Manager. The City is allowed to purchase from
Palm Beach County Term C ontrac t.
E X P L AN ATIO N O F R EQ U E S T:
E X P L AN ATIO N O F R EQ U E S T:
Contract Per iod: August 21, 2018 – August 20, 2020
On Sunday, S eptember 22, 2019 at 2:18pm the C ity’s I .T.S. Department’s network monitoring equipment
alerted that communications between the Rolling Green Tower and Public W orks Administration was no
longer responding. On Monday, September 23, 2019, I .T.S. D epartment staff determined there was a fiber
break between the two locations. The I .T.S. Department does not have the proper equipment to troubleshoot
fiber and a P O was issued to Prec ision Contracting Services (P C S) to have a technic ian assist with
troubleshooting using an Optic al Time Domain Reflectometer (OTD R) to help determine where the fiber was
cut. On Friday, October 4, 2019, I .T.S Department staff met with the technician from PC S to troubleshoot
the problem. Using the information from the OTD R report we followed the path of the fiber to determine
where the fiber was cut. W e ultimately found the fiber c onduits exposed near a c onstruc tion site behind 1390
N Seacrest Blvd.
On Friday, October 4, 2019, I .T.S. Network Manager C harles Stevens filed a City of Boy nton Beach
Supervisor ’s I nc ident Report with the City’s Risk D ivision. On Friday, October 8, 2019, the City received a
quote from P rec ision C ontrac ting Services with three options. The first option was for a temporary repair in
the amount of $3,070.00. The second option was for a permanent repair to replace the fiber between Rolling
Green Tower and P ublic W orks Admin with a 24 fiber singlemode fiber cable in the amount of $27,190.00.
This is the same fiber c ount as was c ut. The third option was for a permanent repair to replace the fiber
between Rolling Green Tower and Public W orks Admin with a 48 fiber singlemode fiber c able in the amount
of $33,610.00. This inc reases the fiber count from 24 fibers to 48 fibers.
On October 14, 2019, PO 200342 in the amount of $3,070.00 was issued to P rec ision C ontrac ting Services
to perform option 1, temporary repair of the fiber. On Friday, October 18, 2019, I .T.S. staff met with
employees of Precision Contracting Services at the job site and they advised that they had found additional
damage that occ urred sometime before the fiber was c ut on September 22, 2019. The additional damage
consists of crushed conduit between N. Seacrest Blvd. and the job site. I n addition, the pull box located just
W est of the railroad trac ks had been damaged and filled with gravel and railroad c onstruc tion debris. I .T.S.
staff researched the location in GI S and found that most likely the additional damage oc curred when the
additional rail was added to the C S X railroad tracks for Brightline.
On Tuesday, October 22, 2019, the I .T.S. D epartment received a new quote from Prec ision Contracting
Services to repair the c onduit and pull box in the amount of $19,942.50. This is in addition to the $3,070.00
that was previously issued. This temporary repair will be c harged to two ac counts.
522-1710-519.49.19 Self-insured Loss Property $19,455.00
Page 714 of 1829
001-1510-513.49-17 Other C ontrac tual Servic es $ 487.50
Note: The $487.50 is to install trac er wire to hopefully prevent future damage.
On Tuesday, November 5, 2019, I .T.S. received approval from Direc tor of Human Resources and Risk
Management J ulie Oldbury to proc eed with the temporary repair, and Option 3, permanent repair, using the
City ’s Self-insured Loss Property account. Option 3 will c ost $33,610.00. The permanent repair will be
charged to two acc ounts.
522-1710-519.49.19 Self-insured Loss Property $21,705.00
001-1510-513.49-17 Other C ontrac tual Servic es $11,905.00
Note: The $11,905 is to install tracer wire to hopefully prevent future damage and the differenc e in cost
between the 24 fiber and 48 fiber c ables.
This purchase is a piggybac k purc hase from Palm Beac h County Term Contract 18055A. The term contract
expires on A ugust 20, 2020. The City is allowed to purchase from this Palm B each C ounty Term Contract.
On November 6, 2019, I .T.S. Network Manager C harles Stevens requested two emergenc y P O’s following
emergency P O procedures. The emergenc y P O’s, 200486 and 200487 where issued on November 7, 2019
for the repair of the fiber optic c ables.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? The fiber optic c able c urrently
provides connectivity to the Public W orks Parks Division personnel located at Rolling Green Tower site. The
fiber optic cable will provide c onnectivity between the New City Hall and Fire Station #5 in the future. The
Public W orks Parks D ivision currently has limited ac cess to c omputers and no City phones. The use of
emergency P O’s will shorten the restoration time of phone and data services by 4 to 6 weeks
F IS C AL IMPAC T: Budgeted
Funding has been approved in following F Y 2019/2020 acc ounts.
Temporary Repair (PO 200486)
522-1710-519.49.19 Self-insured Loss Property $19,455.00
001-1510-513.49-17 Other C ontrac tual Servic es $ 487.50
Permanent Repair (PO 200487)
522-1710-519.49.19 Self-insured Loss Property $21,705.00
001-1510-513.49-17 Other C ontrac tual Servic es $11,905.00
ALT E R N ATIV E S:
N/A,
Emergency P O’s were issued on November 7, 2019
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
Page 715 of 1829
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Contract Master Contrac t A greement 18055
Contract Master Contrac t A greement 18055A
Quotes Temporary Repair
Quotes Permanent Repair
Memo Emergency P O Request Letter
Page 716 of 1829
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To:Contact:City Of Boynton Beach Charles Stevens
19.10.22 Boynton Beach-Proof/Restore FO Link Tower To PWProject Name:Bid Number:
Fax:561-742-6090Boynton Beach, FL 33425-0310 USA
Address:100 E. Boynton Beach Blvd.Phone:561-742-6000
Project Location:Tower To Public Works Admin, Boynton Beach, FL Bid Date:10/22/2019
Addendum #:1
Total PriceUnit PriceUnitItem DescriptionItem #Estimated Quantity
City Of Boynton Beach-Proof/Restore Tower/PW FO Link
7 96.00 HR $85.00 $8,160.00Duct Installer (Proof Exst Pathway)
16 750.00 LF $7.75 $5,812.50Conduit 2" (F&I) (As Needed)
29 750.00 LF $0.65 $487.50Detectable Tracer Wire (F&I) (AsNeeded)
37 950.00 LF $1.75 $1,662.50FO Cable-24F SM LT UG (F&I) (AsNeeded)
78 1.00 EACH $1,575.00 $1,575.00FO Splice Closure, 24F (F&I) (ADDL)
98 1.00 EACH $995.00 $995.00Pull Box 24x36x24 TR (F&I) (ADDL)
SPL 1.00 WK $1,250.00 $1,250.00Mini-Excavator
Total Price for above City Of Boynton Beach-Proof/Restore Tower/PW FO Link Items:$19,942.50
Notes:
•LOCATION: Palm Beach County, FL City of Boynton Beach - Repair/Replace Options For FO Link Tower To Public Works
SCOPE OF WORK
* Proof/Troubleshoot existing pathway - determine what can be salvaged and what needs to be replaced.
* Replace pathway where needed with pull box and splice closure each end for FO segment repair. (One Pull Box & One Splice Closure On Earlier
PO To Be Utilized Here)
* PCS has already utilized 32 of the 96 labor hours listed here for pathway troubleshoot work conducted on Friday October 18th.
•General - Unit Prices
All prices quoted are UNIT PRICES. Project invoices and payments shall be determined by actual field measurements for quantities installed on
project. Pricing based on current FO Master Contract with Palm Beach County.
•General - MOT (Excludes Lane Closures)
PCS INCLUDES MOT for the immediate work area of their crews as required by the MUTCD. However any MOT requiring lane closures, detours,
traffic diversions or police officers necessary for the safe performance of work by PCS is to be provided by others.
PCS EXCLUDES the cost for lane closures, detours, traffic diversions and/or police officers from scope of work in PCS proposal.
•General – Fiber Pathways
PCS is not responsible for damage by others to FO Cable or other equipment after placement by PCS.
•General - 30 Day Notice – Work Days
PCS requires 30 days written notice from Fully Executed Contract Date for project scheduling and material procurement. PCS will require 5 work
days to perform the proposed work
•General - Tracer Wire (No WGU, Ground Rods)
Tracer Wire INCLUDES cost to furnish and install tracer wire when installed with the FO cabling. PCS does not include any cost to furnish and/or
install ground rods, cad welds, wire terminals units, wire grounding units, detectable route markers or related locating hardware.
10/22/2019 8:57:56 AM Page 1 of 2
Page 731 of 1829
•General - Complete Proposal
Proposed pricing is based on award of all items bid upon. PCS reserves the right to modify unit prices if all quoted items are not awarded. Prices
are only valid for 90 days of the bid date. PCS reserves the right to modify or withdraw their offer if either a letter of intent or a contract is not
received within 90 days of the bid date.
•General - Proposal as Addendum to Contract
This proposal in its entirety and including all notes of clarification shall be added as an addendum to any resulting contract for the referenced
project. If any of the PCS notes of clarification conflict with the contract provisions, the PCS notes shall supersede the contract provisions and
govern accordingly.
•All Contracts, Purchase Orders, Change Orders, and/or similar paperwork should be sent directly to contracts@pcsfiber.com. For
other inquiries, call 561-743-9737.
Payment Terms:
Payment terms: NET 30 Days and 18% APR for balances exceeding 30 Days.
ACCEPTED:
The above prices, specifications and conditions are satisfactory and
are hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
Precision Contracting Services, Inc
Authorized Signature:
Estimator:Robert Sanford
561-743-9737, ext. 7101 rsanford@pcsfiber.com
10/22/2019 8:57:56 AM Page 2 of 2
Page 732 of 1829
To:Contact:City Of Boynton Beach Charles Stevens
19.09.25 City Of Boynton Beach-FO Troubleshoot Tower To PWProject Name:Bid Number:
Fax:561-742-6090Boynton Beach, FL 33425-0310 USA
Address:100 E. Boynton Beach Blvd.Phone:561-742-6000
Project Location:Tower To Public Works Admin, Boynton Beach, FL Bid Date:10/8/2019
Addendum #:1
Total PriceUnit PriceUnitItem DescriptionItem #Estimated Quantity
City Of Boynton Beach-FO Temp Restoration Option
5 4.00 HR $125.00 $500.00FO/Electronics Technician (Mob/Slack Release)
78 1.00 EACH $1,575.00 $1,575.00FO Splice Closure, 24F (F&I)
98 1.00 EACH $995.00 $995.00Pull Box 24x36x24 Traffic Rated (F&I)
Total Price for above City Of Boynton Beach-FO Temp Restoration Option Items:$3,070.00
Boynton Beach Tower To PW-Replace FO Link With New 24F
6 36.00 HR $95.00 $3,420.00Commercial Cable Installer (Remove Exst Cabling)
29 8,000.00 LF $0.65 $5,200.00Detectable Tracer Wire (F&I)
37 9,000.00 LF $1.75 $15,750.00FO Cable - 24F SM LT UG (F&I)
76 48.00 EACH $55.00 $2,640.00FO Connector/Splice SM (F&I) (24@Tower/24@Public
Works On Existing Patch Panels)
83 24.00 EACH $7.50 $180.00OTDR Test (One Direction)
Total Price for above Boynton Beach Tower To PW-Replace FO Link With New 24F Items:$27,190.00
Boynton Beach Tower To PW-Replace FO Link With New 48F
6 36.00 HR $95.00 $3,420.00Commercial Cable Installer (Remove Exst Cabling)
29 8,000.00 LF $0.65 $5,200.00Detectable Tracer Wire (F&I)
39 9,000.00 LF $2.15 $19,350.00FO Cable - 48F SM LT UG (F&I)
76 96.00 EACH $55.00 $5,280.00FO Connector/Splice SM (F&I) (48@Tower/48@PW On
Existing Patch Panels)
83 48.00 EACH $7.50 $360.00FO Splice - OTDR Test Any Wavelength
Total Price for above Boynton Beach Tower To PW-Replace FO Link With New 48F Items:$33,610.00
Notes:
•LOCATION: Palm Beach County, FL City of Boynton Beach - Repair/Replace Options For FO Link Tower To Public Works
SCOPE OF WORK
TEMPORARY REPAIR
* PCS to place new vault at damage location, release FO slack from nearby boxes, and F&I splice closure at damage area to restore FO Link.
REPLACING EXISTING FOC WITH 24F SM FOC
* PCS to remove existing cabling from Tower to Public Works, replace with new 24F SM & tracer wire, terminate/test at existing patch panels each
end.
REPLACING EXISTING FOC WITH 48F SM FOC
* PCS to remove existing cabling from Tower to Public Works, replace with new 48F SM & tracer wire, terminate/test at existing patch panels each
end.
•General - Unit Prices
All prices quoted are UNIT PRICES. Project invoices and payments shall be determined by actual field measurements for quantities installed on
project. Pricing based on current FO Master Contract with Palm Beach County.
10/10/2019 12:25:01 PM Page 1 of 2
Page 733 of 1829
•General - MOT (Excludes Lane Closures)
PCS INCLUDES MOT for the immediate work area of their crews as required by the MUTCD. However any MOT requiring lane closures, detours,
traffic diversions or police officers necessary for the safe performance of work by PCS is to be provided by others.
PCS EXCLUDES the cost for lane closures, detours, traffic diversions and/or police officers from scope of work in PCS proposal.
•General – Fiber Pathways
PCS is not responsible for damage by others to FO Cable or other equipment after placement by PCS.
•General - 30 Day Notice – Work Days
PCS requires 30 days written notice from Fully Executed Contract Date for project scheduling and material procurement. PCS will require 5 work
days to perform the proposed work
•General - Tracer Wire (No WGU, Ground Rods)
Tracer Wire INCLUDES cost to furnish and install tracer wire when installed with the FO cabling. PCS does not include any cost to furnish and/or
install ground rods, cad welds, wire terminals units, wire grounding units, detectable route markers or related locating hardware.
•General - Complete Proposal
Proposed pricing is based on award of all items bid upon. PCS reserves the right to modify unit prices if all quoted items are not awarded. Prices
are only valid for 90 days of the bid date. PCS reserves the right to modify or withdraw their offer if either a letter of intent or a contract is not
received within 90 days of the bid date.
•General - Proposal as Addendum to Contract
This proposal in its entirety and including all notes of clarification shall be added as an addendum to any resulting contract for the referenced
project. If any of the PCS notes of clarification conflict with the contract provisions, the PCS notes shall supersede the contract provisions and
govern accordingly.
•All Contracts, Purchase Orders, Change Orders, and/or similar paperwork should be sent directly to contracts@pcsfiber.com. For
other inquiries, call 561-743-9737.
Payment Terms:
Payment terms: NET 30 Days and 18% APR for balances exceeding 30 Days.
ACCEPTED:
The above prices, specifications and conditions are satisfactory and
are hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
Precision Contracting Services, Inc
Authorized Signature:
Estimator:Robert Sanford
561-743-9737, ext. 7101 rsanford@pcsfiber.com
10/10/2019 12:25:01 PM Page 2 of 2
Page 734 of 1829
interoffice ITS Memorandum No. 19-004
MEMORANDUM
To: Lori LaVerriere, City Manager
Thru: John McNally, I.T.S. Director
From: Charles Stevens, I.T.S. Network Manager
Re: Emergency Repair of Fiber
Date: November 6, 2019
On Sunday, September 22, 2019 at 2:18pm our network monitoring equipment alerted
that communications between the Rolling Green Tower and Public Works Administration was no
longer responding. On Monday, September 23, 2019, I attempted to troubleshoot the problem. I
was able to determine the problem with communications was the fiber optic cable between
Rolling Green Tower and Public Works Administration. I worked with purchasing and Precision
Contracting Services (PCS) to have a technician assist with troubleshooting using an Optical
Time Domain Reflectometer (OTDR) to help determine where the fiber was cut. On Friday,
October 4, 2019, I met with the technician from PCS to troubleshoot the problem. Using the
information from the OTDR report we followed the path of the fiber to determine where the fiber
was cut. We ultimately found the conduits exposed near a construction site behind 1390 N
Seacrest Blvd.
On Friday, October 4, 2019, I filed a City of Boynton Beach Supervisor’s Incident Report
with the City’s Risk Division. On Friday, October 8, 2019, I received a quote from Precision
Contracting Services with three options. The first option was for a temporary repair in the
amount of $3,070.00. The second option was for a permanent repair to replace the fiber
between Rolling Green Tower and Public Works Admin with a 24 fiber singlemode fiber cable in
the amount of $27,190.00. This is the same fiber count as was cut. The third option was for a
permanent repair to replace the fiber between Rolling Green Tower and Public Works Admin
with a 48 fiber singlemode fiber cable in the amount of $33,610.00. This increases the fiber
count from 24 fibers to 48 fibers.
On October 14, 2019, PO 200342 in the amount of $3,070.00 was issued to Precision
Contracting Services to perform option 1, temporary repair of the fiber. On Friday, October 18,
2019, I met with employees of Precision Contracting Services at the job site and they advised
me that they had found additional damage that occurred sometime before the fiber was cut on
September 22, 2019. The additional damage consists of crushed conduit between N. Seacrest
Page 735 of 1829
Blvd. and the job site. In addition, the pull box located just West of the railroad tracks had been
damaged and filled with gravel and railroad construction debris. I researched the location in GIS
and found that most likely the additional damage occurred when the additional rail was added
for Brightline.
On Tuesday, October 22, 2019, I received a new quote from Precision Contracting
Services to repair the conduit and pull box in the amount of $19,942.50. This is in addition to the
$3,070.00 that was previously issued. This temporary repair will be charged to two accounts.
522-1710-519.49.19 Self-insured Loss Property $19,455.00
001-1510-513.49-17 Other Contractual Services $ 487.50
Note: The $487.50 is to install tracer wire to hopefully prevent future damage.
On Tuesday, November 5, 2019, I received approval from Julie Oldbury to proceed with
the temporary repair, and Option 3, permanent repair, using the City’s Self-insured Loss
Property account. Option 3 will cost $33,610.00. The permanent repair will be charged to two
accounts.
522-1710-519.49.19 Self-insured Loss Property $21,705.00
001-1510-513.49-17 Other Contractual Services $11,905.00
Note: The $11,905 is to install tracer wire to hopefully prevent future damage and the
difference in cost between the 24 fiber and 48 fiber cables.
This purchase is a piggyback purchase from Palm Beach County Term Contract
18055A. The term contract expires on August 20, 2020. The City is allowed to purchase from
this Palm Beach County Term Contract.
The I.T.S Department requests an two emergency PO’s to have the fiber optic cable
repaired prior to receiving City Commission approval. The fiber optic cable currently provides
connectivity to the Public Works Parks Division personnel located at Rolling Green Tower site.
The fiber optic cable will provide connectivity between the New City Hall and Fire Station #5 in
the future. The Public Works Parks Division currently has limited access to computers and no
City phones. The I.T.S. Department will request permission at the next available City
Commission meeting if this request is approved. If this emergency request is not approved the
restoration of phone and data services will not occur for another 4 to 6 weeks at the earliest.
Page 736 of 1829
6.S.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
Approve the 2019 Repetitive Loss Area Analysis (RLAA) doc ument, which will allow the C ity residents to
continue to be eligible for a discount on flood insuranc e premiums.
E X P L AN ATIO N O F R EQ U E S T:
The Repetitive Loss Area Analysis is a tool that a c ommunity c an use to address its most costly flooding
issues. I t includes an analysis of the repetitive loss areas, including a description of every building, a
statement of the problem in each area, and recommendations to mitigate the problem.
The Analysis inc ludes c onsidering a broad spec trum of ac tivity ty pes, including:
• Preventive
• Property protection
• Natural resource protection
• Emergenc y services
• Structural projects
• Public information
The specific rec ommendations given in this report represent conc rete steps the City, the affected
communities, the loc al drainage distric ts and the property owners can take to mitigate flooding in eac h of the
repetitive loss areas in the C ity.
The City of B oy nton Beach recently achieved a C lass 6 rating in the National Flood I nsuranc e Program
(NF I P) Community Rating Sy stem for implementing flood protection policies bey ond the minimum NF I P
requirements. This rating provides property owners in the C ity’s Special Flood Hazard Areas (S F HAs) a
20% discount on flood insurance premiums. Those outside S F HAs receive a 10% discount.
The City of B oy nton Beach undertook its Repetitive Loss Area Analysis in 2018 and 2019. A letter of
advisement was sent to all residents and businesses within the identified repetitive loss areas on December
19, 2018. Following the c ompletion of the RL A A a second letter was sent to the same residents and
businesses on Oc tober 18, 2019, advising of the draft c ompletion, making the document available and
soliciting input. A c opy of these letters and the properties to whic h it was sent is included in Exhibit 1 of the
RL A A document.
Several property owners responded to the letters; their comments were recorded, and their c oncerns were
taken under consideration. Additionally, while visiting the RL As, the City team was able to speak with several
property owners and renters conc erning their partic ular flood experiences and conc erns.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
I n an effort to bec ome more proac tive and to comprehensively address the flooding issues, the City retained
C RS Max Consultants to develop a RL A A. I t is our expec tation that this document will prove to be a
beneficial tool for flood mitigation both by property owners within the areas and by the City.
F IS C AL IMPAC T:
There are no funds required for the adoption of the RLAA.
Page 737 of 1829
ALT E R N ATIV E S:
Not to adopt the RL A A. Failure to adopt the RL AA will deny our City residents of continuing to enjoy
the current discounts on their flood insurance policies.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Attachment RLA A Document
Attachment Cover
Page 738 of 1829
Repetitive Loss Area Analysis
September 2019
Page 1
Table of Contents
City of Boynton Beach Location Map………………..…….……………………..……..… 3
City of Boynton Beach Summary…………………………………………………….….… 4
Executive Summary……………………………………………………………………..….. 5
1. Overview………………………………………………….…………………….......….… 5
1.1 National Flood Insurance Program (NFIP)…………………..……..…….…........…. 6
1.2 Community Rating System (CRS)………………..…………………………..…...….. 7
1.3 Repetitive Loss Property……………………………..………………………..…….…. 7
1.4 Repetitive Loss Categories…… ……………………………………………..…....…. 8
1.5 Repetitive Loss Area…………………..………………..…………………………….... 9
1.6 Repetitive Loss Area Analysis (RLAA).……………..………………………..…….. 12
1.7 Repetitive Loss Area Analysis (RLAA) Process………….………………..…..……12
2 City of Boynton Beach RLAA Process…….………………………………..….……. 13
2.1 City of Boynton Beach RLAA – General Area 1: Eastern/Coastal.…..……….…. 17
• Problem Statement………………………………...………………………………. 17
• Potential Mitigation Measures………………...………………………..………… 24
• Recommendations………………..…………………...…………………..………. 26
2.2 City of Boynton Beach RLAA – General Area 2: Western……………..…….….... 29
• Problem Statement……………………………………...……………..…….……. 29
• Potential Mitigation Measures…………………………………..………...……… 43
• Recommendations………………..………...………………………..……………. 45
Next Steps…….………………………………..………………………..………..….……. 49
References…………………………………………………………......…..………….…..……50
Page 739 of 1829
City of Boynton Beach Repetitive Loss Area Analysis
City of Boynton Beach Repetitive Loss Area Analysis
September 2019
Page 2
Exhibits
Exhibit 1 – Letters of Advisement to Properties in Repetitive Loss Areas……….... 51
Exhibit 2 – Letter Requesting Data from Other Agencies or Organizations……….. 59
List of Figures
Figure 1 – City of Boynton Beach, Florida Location Map……………..………………. 3
Figure 2 – General Repetitive Loss Areas………………………………..……..…….. 11
Figure 3 – Repetitive Loss Area 1……………………………………………..……….. 18
Figure 4 – Repetitive Loss Area 2………………………………………………..…….. 20
Figure 5 – Repetitive Loss Area 3………………………………………………..…….. 22
Figure 6 – Repetitive Loss Area 4..……………..…………………..………………….. 31
Figure 7 – Repetitive Loss Area 5……………………..……………………………….. 33
Figure 8 – Repetitive Loss Area 6……………………..……………………………….. 35
Figure 9 – Repetitive Loss Area 7………………………..…………………………….. 37
Figure 10 – Repetitive Loss Area 8……………………..………………..…………….. 39
Figure 11 – Repetitive Loss Area 9..………………………………………..………….. 41
List of Tables
Table 1 – General Repetitive Loss Area 1 – Eastern/Coastal………..……….…….. 17
Table 2 – General Repetitive Loss Area 2 – Western……..…..……..……..……….. 29
Page 740 of 1829
City of Boynton Beach Repetitive Loss Area Analysis
City of Boynton Beach Repetitive Loss Area Analysis
September 2019
Page 3
Figure 1: City of Boynton Beach Location Map
Page 741 of 1829
City of Boynton Beach Repetitive Loss Area Analysis
City of Boynton Beach Repetitive Loss Area Analysis
September 2019
Page 4
City of Boynton Beach Summary
Known as “America’s Gateway to the Gulfstream,” Boynton Beach is a 16.5 square -mile
coastal community in southeastern Palm Beach County, Florida. Refer to Figure 1. The
City spans four miles of the Intracoastal Waterway and one of the four ocean inlets a long
the County’s 47-mile shoreline. The City lies within close proximity to three major
international airports and three major seaports. The average annual precipitation in
Boynton Beach is 61.33 inches (155 cm).
Boynton Beach’s mission is to be “a vibrant and sustainable community that provides
exceptional services” and its vision is “to be a welcoming and progressive coastal
community that celebrates culture, innovation and business development.” The City has
253 acres of municipal parks, beach and conservation lands; and a full-service marina that
offers fishing and scuba diving charters, jet-ski and boat rentals, and waterfront restaurants.
The City and Community Redevelopment Agency host outdoor events year -round,
including Pirate Fest and an International Kinetic Art Exhibit and Symposium.
Boynton Beach is the third largest city in Palm Beach County, with a n estimated 2018
population of 76,756. The City’s racially and ethnically diverse population includes 53%
non-Hispanic Whites, 29% Black/African Americans, and 14% Latino. Boynton Beach
prides itself on its diversity and inclusivity. The City’s top employers are Bethesda Memorial
Hospital, the City of Boynton Beach, Palm Beach County School District, Publix Super
Markets, and Walmart. The City is undergoing a period of economic development, with
increasing housing prices and numerous mixed -use projects underway, including the 16-
acre Town Square Boynton Beach.
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Repetitive Loss Area Analysis
September 2019
Executive Summary
The National Flood Insurance Program has established the “repetitive loss property” as a
classification for properties that continue to be impacted by flooding and its resulting
claims. These properties, together with surrounding properties that may exper ience
similar problems, are classified as “repetitive loss areas” and become the focus of
attention. The Repetitive Loss Area Analysis is a tool that a community can use to address
its most costly flooding issues. It includes an analysis of the repetitive loss areas,
including a description of every building, a statement of the problem in each area, and
recommendations to mitigate the problem. The City of Boynton Beach, in order to be
proactive in its efforts to mitigate flooding in the community, has produced a Repetitive
Loss Area Analysis covering all the repetitive loss areas in the City.
The Analysis includes considering a broad spectrum of activity types, including:
• Preventive
• Property protection
• Natural resource protection
• Emergency services
• Structural projects
• Public information
The specific recommendations given in this report represent concrete steps the City , the
affected communities, the local drainage districts and the property owners can take to
mitigate flooding in each of the repetitive loss areas in the City.
1 Overview
No natural hazard is more common in the United States than flooding. Floods have
been the c ause of more than 70 percent of all Presidential Disaster Declarations,
occurring in over 20,000 American communities. More than 8 million residential and
commercial structures are currently built in areas at risk of flooding, and floods are
costly to loca l, state and federal governments, as well as to flood victims, who must
shoulder the cost of recovery.
The City of Boynton Beach, which is the third most populous municipality in Palm
Beach County, has not been immune to the flooding hazard. Intense or pr olonged,
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concentrated ra in is the primary cause of localized flooding. Major rainfall events often
accompany hurricanes, tropical storms, and thunderstorms. Th e overabundance of
rainfall creates saturated soil conditions, after which additional rain caus es surface
ponding or an overflow of catchment canals and ponds. This can result in street and
yard flooding, which is regarded as nuisance flooding. It can also result in flooding of
buildings, a consequence that is of particular importance to the City because of its
impact to the community’s residents and businesses .
In recent years the City of Boynton Beach has experienced the following major flood
events registering at least 8 inches of rainfall :
• Hurricane Frances September 4, 2004 10.36 in.
• Hurri cane Jeanne September 25, 2004 10.22 in.
• Rain Event June 5, 2005 8 in.
• Rain Event December 14, 2006 8.21 in.
• Rain Event October 28 -29, 2011 6-9 in.
• Tropical Storm Isaac August 26, 2012 12 in.
• Rain Event December 11 -12, 2012 6-10 in.
• Rain Event January 9 -10, 2014 20 in.
• Tropical Storm Philippe October 28 -29, 2017 4-8 in.
In response to the challenge of the flood hazard, the City has established a proactive
approach, which includes stormwater planning, floodplain management planning,
establishment of higher regulatory standards, implementation of an aggressive
stormwater capital improvement program and implementation of sustainable
development standards
1.1 National Flood Insurance Program (NFIP)
Historically the private insurance industry wa s reluctant to insure properties against
flood losses due to the financial risk that would be required . Beginning in 1968 the
federal government made flood insurance available through the National Flood
Insurance Program (NFIP). The NFIP is based on a cooperative agreement between the
Federal Emergency Management Agency (FEMA) and local units of government. FEMA
now underwrites flood insurance policies within communities. Local governments are
tasked to regulate development in the floodplain. Participation in the NFIP is voluntary.
Communities have incentive to join because federally backed flood insurance is not
available in non-participating communities and a non-participating community will not
receive Federal aid for damage to insurable buildings in the flood hazard areas.
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1.2 Community Rating System (CRS)
The Community Rating System (CRS) is a voluntary program recognized by NFIP and
designed to reward a community for doing more than simply meeting the NFIP minimum
requirements to reduce flood damages. Once a community has been accepted into the
CRS, the community’s floodplain management activities are rated according to the scoring
system described in the CRS Coordinator’s Manual. CRS communities are rated on a scale
of 1-10; Class 10 is the lowest and Class 1 is the highest. A Class 10 community receives
no reduction in flood insurance premiums; each class above Class 10 receives an
additional 5% premium cost reduction over the previous class for properties located within
special flood hazard areas. Class 1 requires the most credit points and provides the highest
premium reduction of 45%.
Communities can improve their CRS ratings by performing activities such as: reducing
flood damage to existing buildings, managing development in areas not shown in the
floodplain on the FIRMs, protecting new buildings from floods greater than the 100-year
flood, maintaining and improving stormwater drainage infrastructure, helping insurance
agents obtain flood data, and encouraging people to obtain flood insurance. The reward
for these activities comes in the form of reduced premiums for flood insurance policy
holders.
In October 1991, the City of Boynton Beach qualified for the CRS Program. There are
currently 7,386 flood insurance policies in place in the City, with over $2.6 million paid in
premiums annually. The average policy cost is $354. To keep the CRS discounts, the City
must continue to implement its CRS program and provide status reports to the NFIP each
year. The City of Boynton Beach is currently rated as Class 6 in the CRS program, earning
its residents and businesses within its special flood hazard areas a 20% premium
reduction. Each year participation in the CRS program earns an average discount of $53
per policy and a total community discount of $388,766.
1.3 Repetitive Loss Properties
The NFIP considers a property a Repetitive Loss Property if two or more flood insurance
claims of more than $1,000 have been paid within any 10 -year period since 1978.
Currently, repetitive loss properties nationwide account for 15-20 percent of all flood
losses, however, they comprise only 1.3 percent of all flood insurance policies. The NFIP
has paid over $9 billion in claims to properties classified as repetitive loss properties. By
focusing specifically on mitigation of flooding in areas where there are repetitive loss
properties, a community can make strides to significantly reduce the detrimental impacts
of flooding.
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According to FEMA’s most recent records, dated May 31, 2018, there are 12 Repetitive
Loss Properties within the City of Boynton Beach.
1.4 Repetitive Loss Categories
CRS identifies the following three categories of repetitive loss communities based on the
number of properties on the updated FEMA Repetitive Loss list:
(1) Category A: A community that h as no repetitive loss properties, or whose
repetitive loss properties all have been mitigated. A Category A community has
no special requirements except to submit information needed to update its
repetitive loss list.
(2) Category B: A community with at le ast one, but fewer than 50, repetitive loss
proper ties that have not been mitigated. At each verification visit, a Category B
community must complete the following activities:
(a) Prepare a map of the repetitive loss area(s),
(b) Review and describe the causes o f the repetitive loss,
(c) Prepare a list of the addresses of all improved properties in th e identified
repetitive loss areas, and
(d) Undertake an annual outreach project to those addresses. A copy of the
outreach project is submitted with each year’s recertification.
(3) Category C: A community with 50 or more repetitive loss properties that have not
been mitigated. A Category C community must
(a) Complete Category B Activies AND
(b) Prepare a floodplain management plan or area analyses for its repetitive loss
area(s). The plan and area analysis requirements are explained in Activity 510
(Floodplain Management Planning) in the CRS Coordinator’s Manual.
The total of 12 repetitive loss properties categorizes the City of Boynton Beach as a
Category B community. The City has developed a floodplain management, or flood
mitigation, plan which further addresses the City’s flood hazards. In an effort to address
the City’s flood hazard, the City determined the benefit of specific focus upon those areas
of the community that have been most impacted by flooding, as shown by their historical
flood insurance claims. These areas are known as Repetitive Loss Areas (RLAs).
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1.5 Repetitive Loss Area (RLA)
A Repetitive Loss Area (RLA) consists of Repetitive Loss Properties and the surrounding
properties that experience the same or similar flooding conditions, whether or not the
buildings on those surrounding properties have been damaged by flooding.
Based on the 5/31/2018 AW-501 worksheets, there are 12 unmitigated repetitive loss
properties and 6 mitigated repetitive loss properties. A total of 6 Repetitive Loss Areas
(RLAs) were initially identified. The areas were based on the following:
(1) Identified properties within a reasonable radius of the repetitive loss properties.
This identification was based on an analysis using parcel data and building
footprints;
(2) Evaluation of topographical lows and other factors that may have contributed to
the flooding of the repetitive loss properties;
(3) Neighboring historical loss properties;
(4) Connectivity of adjacent properties with associated repetitive loss properties, e.g.
not separated by a topographic ridge.
From this analysis conducted in January 2019, 149 properties were included in the 6
RLAs. Following the initial determination, site visits were conducted to investigate each of
these areas and examine the surrounding land and building characteristics. The
individuals conducting the site visits included a stormwater supervisor and a CRS
consultant. During the site visits, some of the property owners, managers, and renters
were interviewed concerning their experience with flooding. This exercise proved
informative and beneficial, resulting in revisions that more appropriately defined the RLAs.
Following the first site visit, the CRS consultant revisited all the areas, gathered data for
each building within the areas, interviewed additional homeowners and determined a
more precise and appropriate delineation of the RLA boundaries. It was determined that
site data supported the establishment of 9, rather than 6 RLAs. The final number of
properties in the these RLAs was 48. The primary reason for the increase in RLAs from
6 to 9 was that two of the original RLAs covered large areas that were subject to very
different flooding issues. One of those original areas was changed to incorporated three
separate RLAs, each with its distinctive issues. The second original RLA was changed to
incorporate two separate RLAs, each with its distinctive issues. The limits of the 9 RLAs
was based upon an evaluation of the historic claims data and the determinations made
from the onsite visits.
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Figure 1 shows the 9 RLAs in Boynton Beach. For reporting purposes, the 9 Repetitive
Loss Areas were grouped into two General Areas based on such characteristics as
topography, geography and flooding source. The two General Areas are:
Area 1: Eastern/Coastal
Area 2: Western
Area 1 is especially impacted by current and projected levels of sea level rise.
Some of the RLAs are located in private communities in which stormwater management is
the responsibility of the local community, rather than the City. For these RLAs, there are
limited options for the City to mitigate flooding.
Detailed maps of each area are included in this analysis. Figure 2 provides an overview
map of the two General Areas and the Repetitive Loss Areas included in each General
Area.
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Figure 2: General Repetitive Loss Areas
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1.6 Repetitive Loss Area Analysis (RLAA)
Having made an initial determination of the repetitive loss areas, the next required activity
is to develop a detailed analysis of these repetitive loss areas to gain a comprehensive
understanding of the specific flood conditions. This repetitive loss area analysis is also
intended to identify alternative remedies and to provide specific recommendations for flood
mitigation.
The following repetitive loss area analysis is a detailed mitigation plan for repetitive loss
areas. It provides more specific guidance on how to reduce damage from repetitive
flooding.
1.7 Repetitive Loss Area Analysis (RLAA) Process
CRS credit is dependent upon the community’s following an approp riate process. The
process of developing a RLAA consists of the following five steps outlined in the 2017 CRS
Coordinator’s Manual:
Step 1 – Advise all the properties in each Repetitive Loss Area (RLA) that the
analysis will be conducted and request their input on the hazard and
recommended actions.
Step 2 – Contact agencies or organization that may have plans or studies that
could affect the cause or impacts of the flooding.
Step 3 – Visit each building in the RLA and collect basic data.
Step 4 – Review alternative approaches and determine whether any property
protection measures or drainage improvements are feasible. The review must
look at all of the property protection measures that are appropriate for the types
of buildings affected, including: preventative activities, property protection
activities, natural resource protection activities, emergency services measures,
structural projects, and public information activities.
Step 5 – Document the findings in a report. The report should include: a
summary of the process that was followed and how property owners were
involved in the process; a problem statement with a map of the affected area;
a list or table showing basic information for each building in the affected area;
the alternative approaches that were reviewed; and a list of action items
identifying the responsible party, when the action should be completed, and
how it will be funded.
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Following the completion of the five steps of the RLAA process the report must be submitted
to the community’s governing body for adoption. Thereafter the community must prepare
an annual progress report for its area analysis by May 1 and update its repetitive loss area
analyses in time for each CRS cycle verification visit.
2. City of Boynton Beach RLAA Process
STEP 1: Advise All Property Owners
The City of Boynton Beach undertook its Repetitive Loss Area Analysis in 201 8 and 2019.
A letter of advisement was sent to all residents and businesses within the identified
repetitive loss areas on December 19, 2018. A copy of this letter and the properties to
which it was sent is included in Exhibit 1. Following the completion of the RLAA a second
letter was sent to the same residents and businesses on October 18, 2019, advising of the
draft completion, making the document available and soliciting input. A copy of this letter
is also included in Exhibit 1.
Several property owners responded to the letters; their comments were recorded, and their
concerns were taken under consideration. Additionally, while visiting the RLAs, the City
team was able to speak with several property owners and renters concerning their particular
flood experiences.
STEP 2: Contact Agencies and Organizations
The City sent letters to pertinent agencies and organizations on December 21, 2018.
Copies of the letters sent to 37 agencies and organizations are included as Exhibit 2.
In addition to contacting other agencies, available reports and studies were reviewed and
pertinent information was gleaned through the Flood Mitigation Plan Update that was
concurrently being developed.
The following resources proved particularly beneficial:
• City of Boynton Beach Flood Mitigation Plan, 2013
• City of Boynton Beach Flood Mitigation Plan Update, 2019
• City of Boynton Beach Utilities Department
• Federal Emergency Management Agency/ISO, City of Boynton Beach, FL,
Repetitive Loss Data, May 31, 2018
• Federal Emergency Management Agency, National Flood Insurance Program,
Community Rating System CRS Coordinator’s Manual. FIA-15/2017. Section
510.
• The Federal Emergency Management Agency’s Flood Insurance Study for Palm
Beach County, 2017.
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STEP 3: Building Data Collection
One of the City’s Stormwater Division staff member and the City’s CRS consultant visited
all 9 (nine) repetitive loss areas on January 30, 2019. On this site visit, the City described
the known history of flooding in each area and mitigation projects either previously
completed or planned. Additionally, the flooding causes were analyzed, solutions were
discussed, and property owners or renters were interviewed. Subsequently, the CRS
consultant returned, took photographs of each building and gathered additional building
data, including the following information:
• Address
• Structure type
• Structure condition
• Existing mitigation
• Foundation type
• Foundation condition
• Number of stories
• Height above street grade
• Height above site grade
• HVAC unit or other electrical equipment
• Drainage patterns around building
• Additional structures
• Roadside drainage/swale
• Additional notes as deemed appropriate
The building data collected is available as Appendix A. In order to comply with the Privacy
Act of 1974 (5 U.S.C. 522a), however, this information will not be shared with the general
public. Photos of some of the typical buildings in each RLA are included in this report.
Additional photos are available upon request.
STEP 4: Review Alternative Mitigation Approaches
Many types of flood hazard mitigation strategies exist. There is not one mitigation measure
that fits every case. Nor is there even one strategy that fits most cases. Successful
mitigation often requires multiple strategies. The 2017 CRS Coordinator’s Manual lists the
following primary types of mitigation as follows under Categories of Floodplain
Management Activities (FEMA FIA-15, 2017):
1. Preventive activities keep flood problems from getting worse. The use and
development of flood-prone areas is limited through planning, land acquisition, or
regulation. They are usually administered by building, zoning, planning, and/or cod e
enforcement offices.
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2. Property Protection activities are usually undertaken by property owners on a
building-by- building or parcel basis.
3. Natural Resource Protection activities preserve or restore natural areas or the
natural functions of floodplain and watershed areas. They are implemented by a variety of
agencies, primarily parks, recreation, or conservation agencies or organizations.
4. Emergency Services measures are taken during an emergency to minimize its
impact. These measures are usually the responsibility of city or county emergency
management staff and the owners or operators of major or critical facilities.
5. Structural Projects keep flood waters away from an area with a levee, reservoir, or
other flood control measure. They are usually designed by engineers and managed or
maintained by public works staff.
6. Public Information activities advise property owners, potential property owners,
and visitors about the hazards, ways to protect people and property from the hazards, and
the natural and beneficial functions of local floodplains. They are usually implemented by a
public information office.
The City took all six of these categories of floodplain management activities into
consideration for both of its General Repetitive Loss Areas.
Property protection by homeowners can be undertaken in a variety of ways. Different
measures are appropriate for different flood hazards, building types and building conditions.
The 2013 CRS Coordinator’s Manual lists the following typical property protection
measures.
• Demolish the building or relocate it out of harm’s way.
• Elevate the building above the flood level.
• Elevate damage-prone components, such as the furnace or air conditio ning unit.
• Dry flood proof portions of the building so water won’t cause dam age.
• Construct a berm or redirect drainage away for the building.
• Maintain nearby streams, ditches, and storm drains so debris does not obstruct
them.
• Correct sewer backup problems.
Grant funding for property protection and flood mitigation is available for both
communities and property owners. Following is a partial listing of available grants:
FEMA Grants
• Flood Mitigation Assistance Grant
• Hazard Mitigation Grant
• Pre-Disaster Mitigation Grant
• Repetitive Flood Claims Grant
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Other Grants
• US Economic Development Administration (EDA) Public Works/ Infrastructure Grant
(Infrastructure/ Stormwater Improvements)
• Five Star/ Urban Waters Restoration (Stormwater Improvement/ Flood Reduction)
• Coastal Partnership Initiative (Intercostal Waterway related)
• Community Budget Issue Request (Florida Legislature direct application for water -
related projects)
While the first three steps of the RLAA process are basically identical for all repetitive loss
areas, the review of alternative mitigation approaches varies somewhat in accordance with
the specific conditions that are encountered in each RLA. Accordingly, the implementation
of this step begins with a problem statement for each general area, followed by a discussion
of alternative mitigation approaches and a recommendation of action items to be
implemented.
STEP 5: Documentation of Findings
Step 5 entails a description of the Repetitive Loss Areas, an analysis of the alternative
mitigation measures considered for each area, and a determination of the actions
recommended for each area. This analysis for both General Repetitive Loss Areas is
included in the remainder of this report.
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2.1 City of Boynton Beach RLAA – General Area 1: Eastern/Coastal
Problem Statement
General Area 1 is located between the Southern Lake Worth Lagoon (Intracoastal
Waterway) on the east and Interstate 95 on the west . Tidal flow and tidal flooding,
particularly in the area along the eastern boundary, significantly impact the stormwater
drainage and must be considered when determining mitigation solutions. The growing
concern of sea level rise poses an increasing problem for this general area. The proximity
to a large body of water near the Atlantic Ocean and across the Boynton Inlet also makes
the area more susceptible to storm surges. Many of the buildings in this area are older and
were built under ordinances that were less focused on flood mitigation than the current
regulations. As newer development has taken place over the past few decades, the newer
buildings and properties are more elevated than the older structures. An exceptionally high
number of intense rainfall events over the past two decades, as compared with previous
decades, increased the number of flood insurance claims.
General Area 1 (Eastern/Coastal) is composed of 3 Repetitive Loss Areas with 4 Repetitive
Loss properties.
Repetitive
Loss Area
Community
Characteristics
Number of
RL
Properties
Number of
Additional
Properties*
Total
Number of
Properties
in RL Area
Road
Names
1 Private condo
with private
roadway
1
3 4 North
Federal
Highway
2 Residential
community with
City maintained
roadway
2 4 6 Lake Drive
Potter
Road
3 Both private
and public
residential
communities
1 5 6 Lakeside
Harbor
Las
Palmas
Park (City
maintained
road)
*Potential properties due to proximity
Table 1: General Repetitive Loss Area 1 – Eastern/Coastal
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*
Figure 3: Repetitive Loss Area 1 – Private condominium with private roadway
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RLA 1 Typical buildings
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Figure 4: Repetitive Loss Area 2 – Residential community with City maintained roadway
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RLA 2 Typical buildings
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Figure 5: Repetitive Loss Area 3 – Residential community with both private and public
roadways: Lakeside Harbor – private; Las Palmas Park – public
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RLA 3 Typical buildings
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Potential Mitigation Measures for General Area 1: Eastern/Coastal
Mitigation measures under consideration for General Area 1 should include both structural
and nonstructural solutions.
Structural Alternatives:
Following is a listing and brief description of the primary methods of structural
property protection:
1. Demolition/Relocation.
The only way to absolutely ensure a structure will not accumulate additional losses
from future flood events is to demolish the structure completely. A s econd effective
option could be to relocate the structure to an area that is not flood prone.
2. Elevation
Whenever the floor of a home is below FEMA’s 100-year flood elevation, physically
elevating the structure is often recommended as it is one of the most effective means
to prevent flood damage. On a smaller scale, elevating crucial items such as furnaces,
water heaters, air conditioning units and other electrical components can also be
effective means of flood mitigation.
3. Dry flood-proofing
Dry flood-proofing consists of completely sealing around the exterior of the building so
that water cannot enter the building
4. Wet flood-proofing
Wet floodproofing consists of modifying uninhabited portions of a home, such as a crawl
space, garage, or unfinished basement with flood-damage resistant materials, to allow
floodwaters to enter the structure without causing damage.
5. Direct drainage away from the building
In some cases, there are improvements the property owner can make on-site such as
directing shallow floodwater away from a flood-prone structure. Building strategically
located berms or retention ponds are examples or such mitigation measures.
6. Drainage maintenance.
Removing leaves and other debris from the top of a stormwater catch basin is a simple
yet effective means of mitigating flooding.
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7. Drainage improvements.
Implementation of drainage improvements, such as installing larger pipes or additional
catch basins to receive more stormwater, can effectively reduce flooding.
The homeowner is encouraged to consider each of the structural alternatives listed above
and pursue them as deemed appropriate. FEMA grants may be available for some of these
alternatives. In addition to homeowner-initiated structural solutions, there are possible
structural solutions the City could undertake within City rights-of-way that may provide
additional flood mitigation, such as local drainage improvement projects.
Nonstructural Alternatives:
Nonstructural alternatives often provide flood mitigation indirectly. Their impact may be as
significant as structural alternatives, but that impact may not be as immediately realized or
as dramatic as structural solutions. Following are examples of effective nonstructural
mitigation alternatives.
1. Promote the purchase of flood insurance.
2. Improve the City’s floodplain and zoning ordinances.
3. Improve the City’s floodplain mapping, and stormwater master planning.
4. Provide enhanced public education concerning the flood hazard and flood mitigation
alternatives. This can take place through such means as distributing flyers, utilization
of social media and City websites, and neighborhood meetings.
5. Elevate damage-prone components, such as the furnace or air conditioning unit.
6. Coordinate with the Palm Beach County Division of Emergency Management and the
National Weather Service (NWS) to enhance flood warning system.
7. Increase open space designation.
General Area 1 is especially impacted by the growing heights of seasonal and King Tides.
Several alternatives can continue to be implemented to mitigate the effects of King Tides and
high tides, including the following:
• Continuing installation of tidal check valves and raising sea walls
• Enhancing educational program to inform and encourage private communities to
maintain their drainage systems
• Maintenance of public outfalls
• Coastal Resilience programming
A brief listing of potential mitigation activities specific to the RLAs in General Area 1 follows:
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RLA 1: This RLA, located in a private gated condo, is unique because it is comprised of
new buildings. An investigation of the properties in RLA 1 did not indicate problematic
features nor suggest clear mitigation alternatives. Furthermore, only one of the four
properties in this RLA has reportedly been impacted by flooding, as indicated by flood
insurance claims. It appears likely that the flooding issue is unique to that building and
would best be addressed by the owner of that property.
RLA 2: There are two single-family repetitive loss properties located in this RLA. The
owner of one property has been pursuing a grant that would allow for demolition of the
existing home and raising of the property. The City was recently awarded a Hazard
Mitigation Grant Program (HMGP) grant for design and construction of capital drainage
improvements to mitigate flooding for the Lakeside Gardens community. Design of this
project is underway and construction is scheduled for 2021.
RLA 3: This RLA is comprised of one public street and one private gated street. Flood
mitigation efforts by the City in this RLA within the last three years have included the
installation of deep swales adjacent to the public roadway. Conversations with
homeowners in the area have confirmed that the swale installation has been a successful
flood mitigation project, as demonstrated by the fact that no serious flooding has been
reported since their installation. Houses adjacent to Lakeside Harbor, however, continue
to be subject to flooding. Because these houses are located within a private community,
the City’s options to assist are limited. Several homeowners have constructed pumping
systems which have proven effective for some flooding conditions, but additional
mitigation will be necessary to address more serious flooding events.
General Area 1 Recommendations
In light to the increased risk that is encountered by properties located in General Area 1, flood
mitigation efforts on the part of property owners is encouraged. The prospect of sea level
rise will make flooding in this coastal region particularly concerning in the future. The
following mitigation action items are recommended:
1. Capital Stormwater Projects Implementation Specific to General Area 1
Two projects in particular are recommended to mitigate flooding in RLA 2. These are
the grant-funded elevation project for one of the RL properties and the grant-funded
stormwater drainage project in the Lakeside Gardens neighborhood, immediately
adjacent to RLA 2. The Lakeside Gardens project may be completed by 2022. The
elevation project is underway.
Responsibility: The RL property owner will be responsible for pursuit of the elevation
grant. The Utilities Department is pursuing the HMGP stormwater drainage capital
structural improvement grant.
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Funding: Both projects are dependent upon grant funding. The City’s project is in
the design phase, which is funded.
Timing: It is anticipated that both projects could be implemented within three years.
2. Low Impact Development
For purposes of both flood mitigation and water quality improvement, it is
recommended that low-impact development be promoted and encouraged in General
Area 1. Low Impact Development is a sustainable stormwater management strategy
that distributes stormwater across a project site in order to replenish groundwater
supplies, rather than sending it into a system of storm drain pipes and channelized
networks.
Responsibility: The City’s Department of Development Services will be responsible
for this action item.
Funding: No additional City funding needed; funds are available in City’s operations
budget.
Timing: This will be done consistently as a matter of the development review process.
3. Flood Insurance Promotion
In 2015, the City began implementation of Activity 370, Flood Insurance Promotion,
as outlined in the 2013 CRS Coordinator’s Manual. The intent has been to prioritize
encouragement of property owners to purchase both content and building flood
insurance. This effort continues. Furthermore, the City continues to conduct an
annual outreach to all properties in the General Area 1 RLAs.
Responsibility: The City’s CRS Coordinator is responsible for this action item.
Funding: No additional funding needed; funds are available in City’s operations
budget.
Timing: Annually.
4. Enhanced Floodplain Standards
The City is championing the implementation of higher regulatory standards as it works
together with other communities in the Southeast Florida Regional Climate Change
Compact. Currently the City enforces a one-foot freeboard above the FEMA Flood
Insurance Rate Map’s 100-year flood elevation for finish floor elevation of buildings,
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in accordance with the Florida Building Code. The City approved the sustainable
development standards.
Responsibility: The City Commission is responsible for increasing regulatory
standards.
Funding: No additional funding needed; funds are available in City’s operations
budget.
Timing: Ongoing.
5. Public Information Outreach
The City established a Program for Public Information in 2015 that has strengthened
the City’s public information outreach to the community. This activity should continue
and grow, in accordance with the guidelines specified in the City’s 2015 Program for
Public Information Report. One outreach each year is focused exclusively on the
Repetitive Loss Areas, following the guidelines required by the CRS program.
Responsibility: The CRS Coordinator is responsible for this activity.
Funding: No additional funding needed; funds are available in City’s operations
budget.
Timing: Annually.
6. Property Protection Measures
Property owners are encouraged to take actions that will protect themselves and their
properties from flood damage. This includes such actions as elevating equipment
above published flood levels and implementing various measures. The City’s
Development Services Department provides consultation to homeowners, as may be
requested.
Responsibility: The City’s CRS Coordinator is responsible for distributing public
information pertaining to property protection. The City Development Services
Department will provide the consultation.
Funding: No additional funding needed; funds are available in City’s operations
budget.
Timing: Ongoing.
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2.2 City of Boynton Beach RLAA – General Area 2: Western
Problem Statement
General Area 2, comprising the reminder of the City, is located on the west side of Interstate
95, transecting the City in a north-south orientation. There are several distinctive features
which characterize this area and join to impact its particular flooding features. Unlike the
Eastern/Coastal General Area, the Western General Area does not have one large body of
water to which drainage can be directed. Instead, there are numerous lakes, canals and
drainage features, each with its own specific characteristics. The typical challenge in this
area is finding a means to convey stormwater from properties and streets to the lakes and
waterways. The groundwater levels are controlled by the South water Management District
and the Lake Worth Drainage District to provide flood control as well as drinking water
aquifer recharge. Commercial zones with extensive impervious areas for buildings and
parking can be particularly vulnerable to flooding. Properties that do not provide adequate
slope for stormwater conveyance away from buildings can also be vulnerable. The Western
Area encompasses by far the most RL properties and RL areas.
General Area 2 (Western) is composed of 6 RLAs, with a total of 8 Repetitive Loss
Properties. Total number in RLAs includes potential properties due to their proximity.
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Repetitive
Loss
Area
Community
Characteristics
Number of
RL
Properties
Number of
Additional
Properties*
Total
Number of
Properties
in RL Area
Road
Names
4 Single-family
residential with
private roads/
drainage
1 6 7 Sandpiper
Way
5 Private townhouses
in private gated
community
1 3 4 Spruce
Street
6 Single-family
residential with City
roads/ drainage
1 5 6 Le Grace
Circle
7 Single-family
residential with City
roads/ drainage
1 3 4 SW 12
Street
8 Single-family
residential with City
roads/ drainage
3 3 6 SW 10
Circle
SW 10
Court
SW 10
Street
9 Commercial Property
Owner Association
with City
maintenance of
roads and Lake
Worth Drainage
District maintenance
of canal
1 4 5 S
Congress
Avenue
SW 13
Place
SW 14
Place
SW 30
Avenue
*Potential properties due to proximity
Table 2: General Repetitive Loss Area 2 – Western
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Figure 6: Repetitive Loss Area 4 - Residential community with private maintenance
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RLA 4 Typical buildings
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Figure 7: Repetitive Loss Area 5 – Townhouse community with private maintenance
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RLA 5 Typical buildings
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Figure 8: Repetitive Loss Area 6– Residential community with City maintained roadway
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RLA 6 Typical buildings
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Figure 9: Repetitive Loss Area 7– Residential community with City maintained roadway
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RLA 7 Typical buildings
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Figure 10: Repetitive Loss Area 8– Residential community with City maintained roadway
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RLA 8 Typical buildings
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Figure 11: Repetitive Loss Area 9 – Commercial Property Owner Association with City
maintenance of roads
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RLA 9 Typical buildings
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Potential Mitigation Measures for General Area 2
Mitigation measures under consideration for General Area 2 should include both structural
and nonstructural solutions.
Structural Alternatives:
Following is a listing and brief description of the primary methods of structural
property protection:
1. Demolition/Relocation.
The only way to absolutely ensure a structure will not accumulate additional losses
from future flood events is to demolish the structure comp letely. A second effective
option could be to relocate the structure to an area that is not flood prone.
2. Elevation
Whenever the floor of a home is below FEMA’s 100-year flood elevation, physically
elevating the structure is often recommended as it is one of the most effective means
to prevent flood damage. On a smaller scale, elevating crucial items such as furnaces,
water heaters, air conditioning units and other electrical components can also be
effective means of flood mitigation.
3. Dry flood-proofing
Dry flood-proofing consists of completely sealing around the exterior of the building so
that water cannot enter the building
4. Wet flood-proofing
Wet floodproofing consists of modifying uninhabited portions of a home, such as a crawl
space, garage, or unfinished basement with flood-damage resistant materials, to allow
floodwaters to enter the structure without causing damage.
5. Direct drainage away from the building
In some cases, there are improvements the property owner can make on -site such as
directing shallow floodwater away from a flood-prone structure. Building strategically
located berms or retention ponds are examples or such mitigation measures.
6. Drainage maintenance.
Removing leaves and other debris from the top of a stormwater catch basin is a simple
yet effective means of mitigating flooding.
7. Drainage improvements.
Implementation of drainage improvements, such as installing larger pipes or additional
catch basins to receive more stormwater, can effectively reduce flooding.
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The homeowner is encouraged to consider each of the structural alternatives listed above
and pursue them as deemed appropriate. FEMA grants may be available for some of these
alternatives. In addition to homeowner-initiated structural solutions, there are possible
structural solutions the City could undertake within City rights-of-way that may provide
additional flood mitigation, such as local drainage improvement projects.
Nonstructural Alternatives:
Nonstructural alternatives often provide flood mitigation indirectly. Their impact may be as
significant as structural alternatives, but that impact may not be as immediately realized or
as dramatic as structural solutions. Following are examples of effective nonstructural
mitigation alternatives.
1. Promote the purchase of flood insurance.
2. Improve the City’s floodplain and zoning ordinances.
3. Improve the City’s floodplain mapping, and stormwater master planning.
4. Provide enhanced public education concerning the flood hazard and flood mitigation
alternatives. This can take place through such means as distributing flyers, utilization
of social media and City websites, and neighborhood meetings.
5. Elevate damage-prone components, such as the furnace or air conditioning unit.
6. Coordinate with the Palm Beach County Division of Emergency Management and the
National Weather Service (NWS) to enhance flood warning system.
7. Increase open space designation.
Following is a brief listing of potential mitigation activities specific to the RLAs in General Area
2 (Western):
RLA 4: This area is comprised of single-family residences in a private community. The
major drainage infrastructure to the north of this RLA is under the jurisdiction of the Lake
Worth Drainage District. Coordination with the Lake Worth Drainage District could result
in a revision in its protocol that would mitigate the flooding. Additionally, there is a
privately-owned lake on the east side of the community that has capacity to receive
stormwater, however, there is no direct connection to it from the RLA. Unfortunately, the
only access to the lake is through private property. Should coordination with the Lake
Worth Drainage District prove ineffective or insufficient, coordination with property owners
to install drainage from the street to the lake may prove to be a helpful strategy for flood
mitigation.
RLA 5: This gated private community is comprised of townhouses. Both on-site
observations and discussions with property owners in this RLA indicated that there was
no serious flooding issue in this area. Private property owners are responsible for
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mitigation on their properties. Records indicate that there have been no claims since
2014.
RLA 6: This area, comprised of single-family structures, has been subject to flooding
since 1992. It is adjacent to a large dry detention area. A property owner explained that
the detention area, though connected to a conveyance system managed by the Lake
Worth Drainage District by pipes, does not always drain well. The repetitive loss property
is very low. The City has coordinated extensively with the homeowner, encouraging
elevation.
RLA 7: The single-family homes in this RLA are immediately adjacent to a body of water
which has no recorded overflow conditions. Because there is only one property in this
area that has been flooded, it appears that the issue is specific to the repetitive loss
property and could, perhaps be remedied by the owner conducting drainage
improvements on the property.
RLA 8: The City’s Utility Department reported that the City installed a new outfall three
years ago. Since that time there have been no flooding issues in this area. It would
appear that the flooding problem in this RLA has been effectively mitigated.
RLA 9: This area is comprised of commercial properties, including industrial warehouses.
There is only one repetitive loss property identified in this RLA, comprised of commercial
properties. Though the consultant did speak with a manager at the repetitive loss
property, that individual was unaware of the flooding, which last took place in 2014. The
City has conducted an investigation of the existing conveyance drainage system in the
area and has determined that the existing pipe network in the vicinity has been
compromised by lack of maintenance of the outfall ditch and outfall control structure. This
maintenance is the responsibility of the property owners.
General Area 2 Recommendations
Due to the unique conditions encountered in General Area 2, flood mitigation efforts on the
part of property owners is encouraged. The following mitigation action items are
recommended for General Area 2:
1. Capital Stormwater Projects Implementation Specific to General Area 2
The installation of drainage from the street to the lake in RLA 4 is one capital structural
project that may prove effective, particularly if the other less intensive recommended
solutions prove ineffective or insufficient.
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Responsibility: The community is privately owned; any capital improvements would
be initiated and conducted by the community.
Funding: No City funding would be required.
Timing: The capital project affecting the private roadway in RLA 4 will be
implemented by the private community, if deemed appropriate by the community.
2. Enforcement Project Specific to General Area 2
The existing storm sewer pipe network in RLA 9 along SW 30th Avenue collects runoff
from adjacent properties and outfalls into a series of drainage ditches starting
approximately 0.21 miles south of SW 30th Avenue and extending north into the Lake
Worth Drainage District’s Canal No. L-28. The City is in the process of citing the
responsible business owners to restore the canals to the permitted cross sections.
LWDD has also been contacted to cite the owner for the outfall control structure, to
restore the structure to perform as originally intended.
Responsibility: The City’s Engineering Department, together with the City’s
Community Standard Team, is responsible to ensure that the existing drainage
system in RL 9 is restored to its original design.
Funding: No additional City funding needed; funds are available in City’s operations
budget.
Timing: Restoration of canals and outfall structures within RLA 9 is anticipated within
6 months to 1 year.
3. Implementation of Enhanced Emergency Protocol with Lake Worth
Drainage District
Emergency protocol pertaining to effective utilization of gates and pumps should be
established between the community and the Lake Worth Drainage District in RLA 4.
Responsibility: The community will be responsible for the implementation of this
recommendation.
Funding: No additional funding is required.
Timing: The implementation of this recommendation is ongoing and will continue.
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4. Flood Insurance Promotion
The City continues the implementation of Activity 370, Flood Insurance Promotion, as
outlined in the 2017 CRS Coordinator’s Manual, in its efforts to encourage property
owners to purchase both content and building flood insurance. This effort will be
continued on an annual basis to all properties in the General Area 2 RLAs.
Responsibility: The CRS Coordinator is responsible for this activity.
Funding: No additional City funding needed; funds are available in City’s operations
budget.
Timing: This will be done annually.
5. Enhanced floodplain standards
The City has begun championing the implementation of higher regulatory standards.
Responsibility: The City’s Development Services Department may propose higher
regulatory standards. The Commission is ultimately responsible for adoption of higher
regulatory standards.
Funding: No additional City funding needed; funds are available in City’s operations
budget.
Timing: The timing of this item is dependent upon staff recommendation and City
Commission approval.
6. Public Information Outreach
The City has established a Program for Public Information that is strengthening the
City’s public information outreach to the community. This activity should continue and
grow, in accordance with the specific guidelines specified in the Program for Public
Information Report. One mailed outreach a year is focused exclusively on the
Repetitive Loss Areas with specific guidelines required by the CRS program.
Responsibility: The City’s CRS Coordinator is responsible for this activity.
Funding: No additional City funding needed; funds are available in City’s operations
budget.
Timing: Annually.
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7. Property Protection Measures
Property owners are encouraged to take actions that will protect themselves from
flood damage. This will include such actions as elevating equipment above possible
flood levels, and implementing various measures, such as those specified on page
15. Furthermore, the City’s Development Services Department will provide
consultation to homeowners, as may be requested.
Responsibility: The City’s CRS Coordinator is responsible for distributing public
information pertaining to property protection. The City’s Development Services
Department will provide the consultation.
Funding: No additional City funding needed; funds are available in City’s operations
budget.
Timing: This activity is ongoing.
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3 Next Steps
In addition to the recommendations made in this report for the General Repetitive Loss
Areas, following are next steps that can be taken:
1. Further evaluation of RLA 8
Repetitive Loss Area 8 is the only RLA with three RL properties. A deeper
evaluation of this RLA may provide additional insight into the particular
problems in this area and the feasibility of implementing additional mitigation
activities.
2. Mitigation of unmitigated Repetitive Loss Properties
A concerted effort to mitigate Repetitive Loss Properties and to remove them
from the City’s inventory may prove beneficial.
3. Pursuit of additional grants
While the City is already effectively pursuing and obtaining grants, continued
vigilance to take advantage of grant opportunities for flood mitigation may be
productive.
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References
Federal Emergency Management Agency/ISO, City of Boynton Beach, FL,
Repetitive Loss Data, May 31, 2018.
Federal Emergency Management Agency, National Flood Insurance Program,
Community Rating System CRS Coordinator’s Manual. FIA-15/2017. Section
510.
Federal Emergency Management Agency, National Flood Insurance Program,
Community Rating System, Mapping Repetitive Loss Areas, August 2008.
Federal Emergency Management Agency, Reducing Damage from Localized
Flooding: A Guide for Communities. FEMA 511/June 2005. Part III
Chapter 7.
Flood Mitigation Plan. City of Boynton Beach, 2013.
Flood Mitigation Plan Update Draft. City of Boynton Beach, 2019.
Repetitive Loss Area Analysis, City of Savannah, GA, 2015.
Repetitive Loss Area Analysis, Sacramento County, CA, July 2015.
Repetitive Loss Area Analysis, City of West Palm Beach, FL, 2016.
University of New Orleans, Center for Hazards Assessment, Response and
Technology, Draft Guidebook to Conducting Repetitive Loss Area
Analyses, 2012.
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Exhibit 1
Letters to Repetitive Loss Area
Properties
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Recipients of Letter to Addresses in Repetitive Loss Areas
The RL Areas and addresses below represent the areas and addresses initially designated. As a result of the findings
of the Repetitive Loss Area Analysis, the RL Areas were redefined and renumbered.
RL Area #1 57
1 2700 N Federal Hwy Boynton Beach 33435
2 2649 N Federal Highway Boynton Beach 33435
3 2690 N Federal Highway Boynton Beach 33435
4 2626 N Federal Hwy Boynton Beach 33435
5 640 Dimick Rd Boynton Beach 33435
6 628 Dimick Rd Boynton Beach 33435
7 622 Dimick Rd Boynton Beach 33435
8 2625 Lake Dr Boynton Beach 33435
9 2624 Lake Dr Boynton Beach 33435
10 2623 Lake Dr Boynton Beach 33435
11 2622 Lake Dr Boynton Beach 33435
12 2617 Lake Dr Boynton Beach 33435
13 2612 Lake Dr Boynton Beach 33435
14 2601 Lake Dr Boynton Beach 33435
15 2600 Lake Dr Boynton Beach 33435
16 2511 Lake Dr Boynton Beach 33435
17 2505 Lake Dr Boynton Beach 33435
18 2508 Lake Dr Boynton Beach 33435
19 2510 Lake Dr Boynton Beach 33435
20 2611 Lake Dr Boynton Beach 33435
21 631 Potter Rd Boynton Beach 33435
22 640 Potter Rd Boynton Beach 33435
23 636 Potter Rd Boynton Beach 33435
24 626 Potter Rd Boynton Beach 33435
25 644 Potter Rd Boynton Beach 33435
26 2424 N Federal Hwy Boynton Beach 33435
27 695 Lakeside Harbor Boynton Beach 33435
28 626 Lakeside Harbor Boynton Beach 33435
29 628 Lakeside Harbor Boynton Beach 33435
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30 638 Lakeside Harbor Boynton Beach 33435
31 630 Lakeside Harbor Boynton Beach 33435
32 646 Lakeside Harbor Boynton Beach 33435
33 695 Lakeside Harbor Boynton Beach 33435
34 655 Lakeside Harbor Boynton Beach 33435
35 631 Lakeside Harbor Boynton Beach 33435
36 625 Lakeside Harbor Boynton Beach 33435
37 617 Lakeside Harbor Boynton Beach 33435
38 605 Lakeside Harbor Boynton Beach 33435
39 625 Las Palmas Park Boynton Beach 33435
40 631 Las Palmas Park Boynton Beach 33435
41 637 Las Palmas Park Boynton Beach 33435
42 643 Las Palmas Park Boynton Beach 33435
43 649 Las Palmas Park Boynton Beach 33435
44 620 Las Palmas Park Boynton Beach 33435
45 632 Las Palmas Park Boynton Beach 33435
46 638 Las Palmas Park Boynton Beach 33435
47 644 Las Palmas Park Boynton Beach 33435
48 650 Las Palmas Park Boynton Beach 33435
49 655 Las Palmas Park Boynton Beach 33435
50 656 Las Palmas Park Boynton Beach 33435
51 660 Las Palmas Park Boynton Beach 33435
52 714 Presidential Dr Boynton Beach 33435
53 720 Presidential Dr Boynton Beach 33435
54 719 Presidential Dr Boynton Beach 33435
55 707 Presidential Dr Boynton Beach 33435
56 713 Presidential Dr Boynton Beach 33435
57 726 Presidential Dr Boynton Beach 33435
RL Area # 2 34
58 2598 SW 10 St Boynton Beach 33426
59 2585 SW 10 St Boynton Beach 33426
60 2586 SW 10 St Boynton Beach 33426
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61 2575 SW 10 St Boynton Beach 33426
62 2580 SW 10 St Boynton Beach 33426
63 2569 SW 10 St Boynton Beach 33426
64 2592 SW 10 St Boynton Beach 33426
65 2581 SW 10 Ct Boynton Beach 33426
66 2580 SW 10 CT Boynton Beach 33426
67 2580 SW 10 Circle Boynton Beach 33426
68 2585 SW 10 Circle Boynton Beach 33426
69 2598 SW 11 Street Boynton Beach 33426
70 2595 SW 11 Ct Boynton Beach 33426
71 1128 SW 26 Ave Boynton Beach 33426
72 1118 SW 26 Ave Boynton Beach 33426
73 1104 SW 26 Ave Boynton Beach 33426
74 1102 SW 26 AVE Boynton Beach 33426
75 1096 SW 26 AVE Boynton Beach 33426
76 1086 SW 26 AVE Boynton Beach 33426
77 1076 SW 26 AVE Boynton Beach 33426
78 1066 SW 26 AVE Boynton Beach 33426
79 1056 SW 26 AVE Boynton Beach 33426
80 1046 SW 26 AVE Boynton Beach 33426
81 1036 SW 26 AVE Boynton Beach 33426
82 1026 SW 26 AVE Boynton Beach 33426
83 1016 SW 26 AVE Boynton Beach 33426
84 1006 SW 26 AVE Boynton Beach 33426
85 1000 SW 26 AVE Boynton Beach 33426
86 2542 SW 12 Street Boynton Beach 33426
87 2560 SW 12 Street Boynton Beach 33426
88 2558 SW 12 Street Boynton Beach 33426
89 2554 SW 12 Street Boynton Beach 33426
90 2550 SW 12 Street Boynton Beach 33426
91 2546 SW 12 Street Boynton Beach 33426
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RL Area # 3 30
92 75 Sandpiper Way Boynton Beach 33436
93 76 Sandpiper Way Boynton Beach 33436
94 77 Sandpiper Way Boynton Beach 33436
95 78 Sandpiper Way Boynton Beach 33436
96 79 Sandpiper Way Boynton Beach 33436
97 80 Sandpiper Way Boynton Beach 33436
98 81 Sandpiper Way Boynton Beach 33436
99 82 Sandpiper Way Boynton Beach 33436
100 83 Sandpiper Way Boynton Beach 33436
101 84 Sandpiper Way Boynton Beach 33436
102 85 Sandpiper Way Boynton Beach 33436
103 86 Sandpiper Way Boynton Beach 33436
104 87 Sandpiper Way Boynton Beach 33436
105 19 Swallow Drive Boynton Beach 33436
106 20 Swallow Drive Boynton Beach 33436
107 21 Swallow Drive Boynton Beach 33436
108 22 Swallow Drive Boynton Beach 33436
109 23 Swallow Drive Boynton Beach 33436
110 24 Swallow Drive Boynton Beach 33436
111 25 Swallow Drive Boynton Beach 33436
112 26 Swallow Drive Boynton Beach 33436
113 27 Swallow Drive Boynton Beach 33436
114 28 Swallow Drive Boynton Beach 33436
115 68 Kingfisher Way Boynton Beach 33436
116 69 Kingfisher Way Boynton Beach 33436
117 70 Kingfisher Way Boynton Beach 33436
118 71 Kingfisher Way Boynton Beach 33436
119 72 Kingfisher Way Boynton Beach 33436
120 73 Kingfisher Way Boynton Beach 33436
121 74 Kingfisher Way Boynton Beach 33436
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RL Area #4 6
122 935 Le Grace Circle Boynton Beach 33426
123 925 Le Grace Cr Boynton Beach 33426
124 945 Le Grace Cr Boynton Beach 33426
125 955 Le Grace Cr Boynton Beach 33426
126 965 Le Grace Cr Boynton Beach 33426
127 975 Le Grace Cr Boynton Beach 33426
RL Area #5 5
128 3030 SW 13 Place Boynton Beach 33426
129 3200 S Congress Ave Boynton Beach 33426
130 3191 SW 14 Place Boynton Beach 33426
131 3050 SW 14th Place Boynton Beach 33426
132 1480 SW 30 Ave Boynton Beach 33426
RL Area #6 17
133 107 Spruce St Boynton Beach 33426
134 109 Spruce St Boynton Beach 33426
135 111 Spruce St Boynton Beach 33426
136 113 Spruce Street Boynton Beach 33426
137 115 Spruce Street Boynton Beach 33426
138 117 Spruce St Boynton Beach 33426
139 119 Spruce Street Boynton Beach 33426
140 125 Spruce Street Boynton Beach 33426
141 127 Spruce Street Boynton Beach 33426
142 129 Spruce Street Boynton Beach 33426
143 131 Spruce Street Boynton Beach 33426
144 133 Spruce Street Boynton Beach 33426
145 137 Spruce Street Boynton Beach 33426
146 139 Spruce Street Boynton Beach 33426
147 141 Spruce Street Boynton Beach 33426
148 143 Spruce Street Boynton Beach 33426
149 145 Spruce Street Boynton Beach 33426
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Exhibit 2
Letters to Agencies and Organizations
Soliciting Input
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6.T.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
Approve Task Order UT-A-05 with W GI , in the amount of $29,377.00 in accordanc e with RF Q No. 067-
2821-16/TP, Professional Survey and Mapping Servic es Contract awarded by C ity Commission on J anuary
17, 2017 to provide professional survey and mapping services for the Alleys Abandonment projec t in the
Ridgewood and C herry Hills neighborhoods.
E X P L AN ATIO N O F R EQ U E S T:
I n the Ridgewood and Cherry Hills neighborhoods (between the C-16 canal and Boynton Beac h Blvd, from I -
95 to Seacrest Blvd.), the City maintains 3.79 acres of alleys (see attachments 3 & 4).
Maintenance inc ludes quarterly mowing and annual tree trimming. The City uses a vendor to perform this
maintenance at an annual expense of $21,000/yr.
These alleys are often blocked by parked vehicles or by fly dumping, preventing maintenanc e ac cess. The
dumping cleanup effort is completed by staff and c osts the C ity time in labor and deprec iation of the
equipment.
Staff proposes to initiate the abandonment of these alley s, thus transferring the ownership and maintenance
to the adjacent property owner. The benefit to the C ity is;
1. The City will no longer maintain the alleys, saving about $21,000/year,
2. Eliminate the fly dumping possibility by transferring ownership,
3. I ncreased productivity of staff
4. Less wear and tear on C ity vehicles, and
5. I ncrease Tax revenue by about $10,300/year.
The impact to the land owner is:
The land value of the alley s (3.79 Ac) is about $679,000,
The average lot owner will increase their lot size by 765 square feet,
The value of their property will increase by about $3,144 at a tax expense of $48/year (assuming the
average lot width of 60 ft).
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? Landsc ape maintenanc e costs will be
reduc ed. The property owners will become better stewards of their property as they have c ontinuous
oversight and will better utilize these areas to prevent illegal dumping.
F IS C AL IMPAC T: Budgeted Funding for the projec t is available in account number 303-4905-580.63-08
through projec t C P 0266.
ALT E R N ATIV E S: C ommission could delay the project and continue with the status quo.
S T R AT E G IC P LAN:
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S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Attachment Attachment 1 - E xecuted Agreement with W GI
Attachment Attachment 2 - P roposal from W GI
Attachment Attachment 3 - Cherry Hills Alleys
Attachment Attachment 4 - ridgewood Hills Alley s
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October 11, 2019
Ms. Paola Mendoza
Associate Engineer
Public Works/Engineering
City of Boynton Beach
3301 Quantum Blvd., Suite 101
Boynton Beach, FL 33425
MendozaP@bbfl.us
RE: Professional Consulting Services for Alley Abandonments
Boynton Beach, FL
Task Work Order U-A-05 WGI # 2634.00
Dear Ms. Mendoza,
Wantman Group, Inc. (WGI) is pleased to provide this proposal to City of Boynton Beach (CLIENT) for additional
professional services. Our scope of services and corresponding fees are detailed below. In addition, it is agreed that
WGI’s services will be performed pursuant to WGI’s Agreement Provisions, associated with the original contract
between WGI and CLIENT, dated March 27, 2017.
Project Understanding:
WGI will provide professional planning and survey services for the abandonment of 16 alleys, as shown
on the attached Exhibit A, located in the City of Boynton Beach.
The scope of services are as follows:
TASK 1 – Professional Survey Services
Specific Purpose Surveys Lump Sum $18,969
a) Prepare survey calc file and field package information.
b) Research public records for plats, R/W maps, and survey control.
c) Locate, check and reference horizontal control.
d) Locate existing plat and property monumentation for alley boundary establishment.
e) Locate visible improvements lying within the alley to be abandoned, including visible
utilities, signs, fences, walls, driveways, curbs, sidewalks, and pavement.
f) Process, check and review field information.
g) Boundary determination by Professional Surveyor and Mapper.
h) Create new legal description of each alley to be abandoned
i) Prepare Specific Purpose Surveys and project deliverables.
j) Final review and signature by Professional Surveyor and Mapper.
TASK 2 – Professional Planning Services
Vacation and Abandonment Application Lump Sum $5508
Prepare and file application and required supporting data and documents for 16 alley right of way
abandonments to the City of Boynton Beach. Preparation will include contacting utility provides,
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City of Boynton Beach
October 11, 2019
Page 2 of 3
public notice mailers to property owners, and attendance at one (1) City Commission
hearing. Postage for public notice mailers is not included.
Public Notice Sign Postings Lump Sum $4900
Provide and install public notices signage for each abandonment location in advance of the City
Commission hearing. Assume two (2) signs per alley. Includes sign removal following public hearing
approval.
Notes:
• This is a specific purpose survey in accordance with 5J-17.050, F.A.C.
• Horizontal control will be based on the State Plane Coordinate System of 1983, Florida East Zone.
• Title work is not included in this scope.
• Subsurface utility designation and location is not included.
• Underground storm drainage information is not included.
• Trees and major landscaping not included in this scope.
We appreciate the opportunity to be of service to City of Boynton Beach. Upon acceptance of this proposal, please
sign and return an executed copy to this office. Please note that the Agreement Provisions are an integral part of this
contract, are hereby incorporated by reference, and are controlling unless both parties expressly waive them in writing
prior to commencement of work. By executing this Proposal, CLIENT expressly agrees to be bound by the
Agreement Provisions and the enclosed Fee Schedule. Further, and whether this proposal is executed or not, the
ordering of, acceptance of, or reliance on services performed by WGI constitutes acceptance of the attached
Agreement Provisions.
Respectfully submitted,
WGI
Eric Matthews, PSM
Sr. Project Manager
Sam Hall, P.S.M.
Vice President
CLIENT’S CORPORATE ATTESTATION: If signing this Proposal on behalf of a corporate entity, I hereby affirm
that such entity is correctly identified above, and is legally valid, active, and duly licensed and authorized to conduct
business in the State of Florida. I also affirm that I am duly authorized and have legal capacity to execute this Proposal
and bind the corporate entity.
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City of Boynton Beach
October 11, 2019
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AUTHORIZATION FOR CREDIT CHECK: By signing this Proposal, I hereby authorize WGI to conduct a credit
check or obtain a credit report with respect to CLIENT (as identified in this Proposal) for purposes of WGI providing
services to CLIENT.
Corporate Representative:
________________________________
Name (Printed)
This Proposal accepted this ____ day of ________, 2019
By
Name (Signature)
City of Boynton Beach
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6.U.
C ONS E NT A GE ND A
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve the minutes from City C ommission meeting on
November 5, 2019.
E X P L AN ATIO N O F R EQ U E S T:
The City Commission met on November 5, 2019 and minutes were prepared from the notes taken at the
meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and
maintained in the rec ords of the City of Boynton B each.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? A record of the ac tions taken by the
City Commission will be maintained as a permanent record.
F IS C AL IMPAC T: Non-budgeted N/A
ALT E R N ATIV E S: D o not approve the minutes.
S T R AT E G IC P LAN: Building W ealth in the Community
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Minutes Minutes 11-05-2019
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MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
INTRACOASTAL PARK CLUBHOUSE
2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA
ON TUESDAY, NOVEMBER 5, 2019, AT 6:30 P.M.
PRESENT:
Steven B. Grant, Mayor Lori LaVerriere, City Manager
Justine Katz, Vice Mayor James Cherof, City Attorney
Mack McCray, Commissioner Crystal Gibson, City Clerk
Christina L. Romelus, Commissioner
Ty Penserga, Commissioner
1. OPENINGS
A. Call to Order - Mayor Steven B. Grant
Mayor Grant called the meeting to order at 6:30 p.m.
Invocation
Commissioner Mack McCray gave the invocation.
Pledge of Allegiance to the Flag led by Commissioner Ty Penserga
Roll Call
City Clerk Gibson called the roll. A quorum was present.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Grant moving some items around on the agenda. Items 9-A, 11-A, and 12-F before
public audience.
There was a consensus to move items before public audience.
Vice Mayor Katz requested clarification on Future Agenda items added as To Be
Determined.
2. Adoption
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Motion
Commissioner Penserga moved to approve the agenda as amended. Commissioner
McCray seconded the motion.
Vote
The motion unanimously passed.
2. OTHER
A. Informational items by Members of the City Commission
Vice Mayor Katz spoke with State Representative Joe Casello.
Commissioner McCray attended the mandatory Ethic Training for Palm Beach County
elected officials. Spoke with State Representative Joe Casello. Indicated when referring
to the City Manager please do not refer to her as the CEO.
Vice Mayor Romelus received a call from State Representative Joe Casello regarding the
park.
Commissioner Penserga received a call from State Representative Joe Casello regarding
the park. Acknowledged former Mayor Jerry Taylor in the audience.
Mayor Grant acknowledged State Representative Joe Casello and former Mayor
Woodrow Hay in the audience. On October 17, he attended the Transportation Planning
Agency (TPA) for Palm Beach County. He stated the TPA are in discussion for the long-
range transportation plan for the County; this is the 20/45 plan. October 18th he attended
Habitat for Humanity CEO Build, on NW 11th Avenue. October 19th he attended the
renaming of the Michael J. Metcalf VFW post 5335; he thanked the sponsors Buds
Chicken and Mission Barbeque. October 21st he was in Baltimore and toured City hall,
built in 1867. October 22-25 attended the Metropolitan Planning Organization meeting
and learned a lot about transportation needs. October 26th he attended the Heart of
Boynton Beach Association with the American Red Cross for Unity in the Community.
October 27th he attended the City of Boynton Beach Pirate Feast. October 28th he
attended the South Central Regional Waste Water Treatment board meeting. October
29th Mayor Grant was in Orlando for the Metropolitan Planning Organization Advisory
Council. He attended the Ethic Training for Palm Beach County elected officials. In
addition, he chaired the Transportation disadvantaged local Coordinating Board. He
explained the purpose of this board. He attended the quarterly orientation for the City of
Boynton Beach. November 3rd he attended Boynton Cares, Intracoastal Park Clean-up.
November 5th spoke with representatives of Urban STK, about creating a dashboard for
the City of Boynton Beach of the different datasets. In addition, spoke with State
Representative Joe Casello.
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3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announce that the November 19, 2019 City Commission Meeting has been
cancelled.
Mayor Grant announce the November 19, 2019 Commission meeting has been canceled.
B. Announce the dates for "Read for the Record" event by John Durgan,
Economic Development Specialist.
Mayor Grant announced the Read for the Record.
John Durgan, Economic Development Specialist announced the City would again read
for the record campaign again this year. Indicated this event bring local awareness to
child literacy.
Commission McCray suggested the City could mirror the City of Delray and have a
breakfast prior to the reading event. Mr. Durgan replied this was a good idea.
Commissioner Romelus invited everyone to the Boynton Beach Library where she would
be reading for the record at 10:00am Thursday.
C. Announcement by Eleanor Krusell, Public Communications and Marketing
Director, regarding the 49th Annual Holiday Parade and upcoming deadline
for parade entries.
Eleanor Krusell, Public Communications and Marketing Director, announced the 49th
annual Holiday Parade. Saturday December 7th, beginning at 4pm. Ms. Krusell stated
they are seeking entries to participate in the parade. The entry deadline is November 15th
at 5:00 pm, all organization encouraged to participate and there is no entry fee. This year
there are new categories. After the parade, the CRA is sponsoring light up the park event
Ocean and NE 4th, at Dewy Park.
D. Announcement by Eleanor Krusell, Public Communications and Marketing
Director, regarding the 2020 Calendar.
Eleanor Krusell, Public Communications and Marketing Director, announced the City of
Boynton Beach would be celebrating its centennial in 2020. Requesting the residents to
submit postcard regarding the City of Boynton Beach, the post card selected would
receive $100. Entries will appear in the City of Boynton Beach 2020 calendar. If anyone
need help scanning the post cards please go to the City of Boynton Beach Library, they
are prepared to help upload the post cards.
Mayor Grant asked if the submission must be on a postcard. Ms. Krusell replied yes.
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Commissioner McCray asked what account the $100 would be paid. Ms. Krusell stated
the calendar marketing account.
E. Announcement by Aquatics Supervisor Crystal Quesada about SWIMENA,
which will be held at the John Denson Pool on November 8, 6:30 PM to 8:00
PM.
Crystal Quesada, Supervisor of Aquatics, announced the SWIMENA held at the John
Denson Pool on November 8, 2019. Combining two favorite activity, swimming and
movies. She noted snacks and drinks would be available for purchase.
Commissioner Romelus asked if emails were sent out.
Ms. Quesada indicated she was not sure if the emails went out, but it is online.
Commissioner McCray thanked staff for the fence around John Denison pool.
F. Announcement by Recreation & Parks Director Wally Majors about
Oceanfront Bark, which will be held at Oceanfront Park on Saturday,
November 23, from 9am – Noon
Wally Majors, Director of Recreation and Parks Director invited everyone to Oceanfront
Bark, on Saturday, November 23, 2019 from 9:00 am until Noon. Noted additional dates
for Oceanfront Bark scheduled for January and February 2020. Fees waived from 9:00
am until Noon.
Commissioner McCray asked if this was voted on for three times a year. Mr. Major replied
in the affirmative.
Mr. Major announced there would be a grand reopening of Sara Sims Park, Saturday,
November 9, 2019 from noon to 4:00 pm.
Commissioner Penserga asked where they were in the ADA compliance for the
beach/park. Mr. Majors replied staff is in the process of installing the accessible matting
within the next few weeks.
Commissioner McCray pointed out this would be the official grand opening. As the park
is already in use by the citizens.
G. Announce the Solid Waste Division will be having Tire Amnesty Week for the
City residents from December 2nd through December 6th, 2019.
Davidson Monestime, Solid Waste Manager, introduced Joe Josemond.
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Joe Josemond, Administrative Associate announced the Solid Waste Division Tire
Amnesty Week for City residents from December 2nd through December 6th, 2019.
Requested residents to separate the trash from the tires, three feet from the garbage
cans.
Mayor Grant asked if it was necessary to call prior to placing the tires on the curve. Mr.
Josemond replied there are some communities, which need to call to schedule the
pickups, but most communities do not need to call. He indicated to place the tires out on
the bulk trash day.
Commissioner McCray asked what happens to the tires that are on private property. Mr.
Monestime indicated the City was not able to access private property without permission.
Commissioner McCray indicated he was concerned with tires in the right of way. Mr.
Monestime responded tires will be picked up, if there were any question 561-742-6200
call for additional information, the hours of operations are 7:30 am to 3:30 pm.
H. Presentation of an update on the Town Square project by Mark Hefferin, E2L,
John Markey, JKM Developers and City staff.
Mark Hefferin, E2L, provided some updated pictures regarding the town square project.
The roofing completed up to the fourth floor. Showed nighttime view of the Cultural Center
and City Hall. Noted Ocean Avenue opened to the public. Provided some inside views of
the cultural center.
Commissioner McCray asked how many elevators would be in the cultural center. Mr.
Hefferin replied there would be two elevators, one in the front and one in the back.
Showed inside of the City hall building. The district energy system. The swing chiller is in
place ready for startup. The roof decking scheduled for the chambers within the next two
weeks. Showed inside the electrical and sanitary systems. Mr. Hefferin showed the beam
which was signed by City employees. The generator has been tested and is running well.
Commissioner Romelus asked when would the fire station come online.
Mr. Hefferin stated the station would be completed in January and move in February.
Showed a picture of the storage bay for the police station.
Commissioner McCray asked when the police department could use their building.
Mr. Hefferin responded in in April. In addition, Mr. Hefferin stated the furniture ordered
and scheduled for February delivery.
Commissioner Romelus asked about the electrical pole indicated she was under the
impression there would be underground electric. Mr. Hefferin responded there would be
underground electrical from the power pole.
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Mr. Hefferin stated the move in dates for the police department was March, April and May
2020.
Commissioner McCray requested a schedule of departmental moves. Mr. Hefferin
responded E2L publishes a monthly report and these dates would be included on the
report.
John Markey, Private Sector Developer. The turnover for the parcel development. The
sites are cleaner, so we can began the construction for the building. They are excited,
E2L parking and staging on their property. The north garage is essential to this project.
Vice Mayor Katz thanked Mr. Markey and Mr. Hefferin for the monthly updates. The last
time they were close to closing on the loan to help finance the project.
Mr. Markey stated they needed to get the guaranteed maximum price. They have an
existing loan on the property had many banks visit the property. The financing is under
way; they have had many banks viewing the property. Vice Mayor Katz asked if there was
a date certain for the financing. Mr. Markey stated it should be around the first of the
year. There is motivation for the bank to close on the property before the end of the year.
Vice Mayor Katz asked about the anticipated construction date for the south garage.
Asked was the date for the garage the same as the opening of the new City Hall or the
projected date is the same as the parking garage. Mr. Markey responded this was a
practical temporary Certificate of Occupancy date. Vice Mayor Katz asked would they be
able to use the space when City Hall opens. Mr. Markey stated he would be able to
provide parking if financing is not ready at the time.
Vice Mayor Katz inquired if the garage is not finished at the time and City has was to
open, what is plan B.
Mr. Markey stated they would use their property. Vice Mayor Katz asked would the City
need to sign an agreement. Mr. Markey noted this is addressed in the agreement.
Attorney Cherof stated everything covered in the agreement.
Vice Mayor Katz thanked staff, Mr. Hefferin and Mr. Markey for the update.
I. Motasem Al-Turk, Director, Traffic Division, and Palm Beach County
Engineering & Public Works Department will announce Palm Beach County's
activation of phase 1 of the Flashing Yellow Arrow left turn traffic signals.
Mellissa Ackert, P.E., Traffic Division Assistant Director, provided an overview of the
flashing yellow arrow and benefits. Showed a video from the Florida Department of
Transportation (FDOT). Provided history of the Flashing Yellow Arrow (FYA). The testing
began in the early 2000s. The flashing yellow light has become a standard with FDOT.
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The FYA has been implemented in many cities and counties throughout Florida. It is a
standard in FDOT D7, Pinellas County, and in other states such as Georgia, South
Carolina and Virginia.
Rasem Awwad, P.E. Traffic Signal Systems Manager, provided some safety benefits and
the capacity benefits. Mr. Awwad provided some road capacity benefits such as
additional options for signal phasing patterns, provides more opportunities for left turns
that are currently prohibited because of a shared signal head. This would have the option
of protected left turn based on time of day; Improves signal synchronization. FYAs are
found to have a high level of understanding and correct response by left turn drivers.
Improves pedestrian safety in crosswalks. FHP has established the FYA reduces
crashes. The FYA found to have a high level of understanding and correct response by
left turn drivers; Improves pedestrian safety in crosswalks. Provides for the flexibility to
prevent left turns during times with higher probability for left turn crashes. The FYA is in
alignment with the Transportation Planning Agency (TPA) and the West Palm Beach
Vision Zero. (Additional video shown.)
Mayor Grant asked would there be a FYA with a green walking man. Mr. Awwad replied
there was flexibility. Mayor Grant clarified it could be red or it could be flashing yellow
and pedestrians could be walking in the crosswalk. Mr. Awwad replied yes.
Mr. Awwad indicated the initial phase would include eight intersections along Congress
Avenue: Catalina Drive and Renaissance Drive, Boynton Beach Mall D and E, Old
Boynton Road, Ocean Drive, SW Congress Blvd, Golf and Boynton Beach Boulevard and
Winchester Park Blvd.
Commissioner Penserga inquired of the effects for Red Light Camera violators. Mr.
Awwad replied it does not have an effect. In addition, Palm Beach County does not
monitor the red light cameras.
Commissioner Romelus asked if this program fall within the jurisdiction of the Red Light
Camera program. Attorney Cherof stated FYA would be completely independent of the
Red Light Camera program.
Commissioner Romelus inquired about the installation date of the flashing yellow lights;
Mr. Awwad stated the end of November 17, 2019.
Commissioner McCray inquired where this Flashing Yellow Light in Palm Beach County
were. Mr. Awwad indicated Boynton would be the first municipality to have the installation.
Ms. Ackert noted they have created a tip card for Boynton Beach citizens.
Commissioner McCray asked if the insurance companies were onboard. Ms. Ackert
stated it was in the manual of uniformed traffic control devices. Commissioner McCray
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stated there are many older residents and those from out of State. Indicated there are
mane
Commissioner Romelus asked if they spoke with Mayor Mack Bernard. Ms. Ackert replied
information presented at the department heads meetings and there were several
meetings with the commission level and executive leadership.
Commissioner Romelus asked why Boynton Beach was the first municipality in Palm
Beach County to go through this program. Ms. Ackert responded the Congress Avenue
Corridor has various features, used to prioritize other areas for implementation.
Commissioner Romelus asked if the objective is to see less congestion in these
intersections. Ms. Ackert indicated this was one of the benefits. During peak periods, the
flashing yellow arrow can be turn off or on.
Commissioner Romelus asked how the County would analyze the data. Mr. Awwad
replied the County uses the traffic management system to monitor and collect data.
Commissioner Romelus inquired as to the timeframe of the study. Mr. Awwad replied he
expects six months for the analysis.
Commissioner Romelus requested a follow-up after the study. Mr. Awwad agreed.
Mayor Grant inquired if the County runs all the signals in Boynton Beach. Mr. Awwad
replied in the affirmative.
Mayor Grant noted the County is replacing the traffic signal at the county cost. His concern
was congress middle school. He asked during the opening and closing of school hours,
he requested not to have the flashing yellow lights. Mr. Awwad noted he would keep that
in mind.
Vice Mayor Katz indicated he was happy about the FYA, with the increase density and
population, but increasing the efficiency is the way of the future.
Commissioner McCray in regards to the new system is the City equip within the city for
additional citations given.
Michael Gregory Police Chief stated it appears this is already in happening and moving
forward. Chief Gregory stated this was the first briefing he has received and the
department needs to get up to speed. Commissioner McCray stated the City should have
had this information sooner.
Commissioner Romelus indicated she does not like how the FYA being rolled out. She
was disappointed to hear the City of Boynton Beach Police Chief was unaware this
program was being implemented. She inquired how this item was able to get on the
agenda. She was troubled and perplexed the police chief was not aware of the program
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Mayor Grant stated the County have control of the traffic signals, this was informative this
is the county telling us what they are going to do.
Commissioner Romelus acknowledged these are county roads. The County has the
responsibility to the City of Boynton Beach municipality, when changes made, which could
affect the citizen of Boynton Beach. The county obligation is to should better educate the
City and inform the City and not come to the City 2-3 weeks prior to implementation of a
program. This program could change the way the city move cars within the main
thoroughfare within the City. Commissioner Romelus pointed out she hoped in future
there could be better communication between Palm Beach County and the City of
Boynton Beach. She noted the City could have collaborated with the County for this FYA
rollout.
J. The City's FY18/19 Budget Document has been awarded the Distinguished
Budget Presentation Award by the Government Finance Officers
Association.
Mara Frederiksen, Director of Financial Services, announced the Distinguished Budget
Presentation Award, for the fiscal year 2018/2019 budget year document, by the
Government Finance Association. Ms. Frederiksen indicated the budget document is
reviewed and rated and is judged on 27 criteria. She noted there were more than 1000
application for this award. Expressed this was the 8th year the City has received this
distinction. Thank Anthony Davidson, Budget Manager for his leadership.
.
K. Presentation of a Citation to Sandra Raffaelli, President and founder of aZul
For Better Living, Inc., recognizing her for providing creative design programs
for individuals with disabilities.
Mayor Grant presented a citation to Sandra Raffaelli, President and founder of aZul for
better living,
Sandra Raffaelli, President and Founder of Azul thanked the Commission for the citation.
She is looking forward to offering opportunity to those with disabilities.
L. Proclaim the month of November as National Caregivers Month. Vontell Mills
of Healthier Boynton Beach will accept the proclamation.
Mayor Grant proclaimed the month of November as National Caregivers month.
Vontell Mills of a Healthier Boynton Beach thanked the Commission for the recognition.
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M. Proclaim November 17-23, 2019 as National Hunger and Homeless
Awareness Week. Shea Spencer, Chief Executive Officer with the Homeless
Coalition of Palm Beach County, will accept the proclamation.
Mayor Grant proclaimed November 17-23, 2019 as National Hunger and Homeless
Awareness Week.
Shea Spencer, Chief Executive Officer, thanked the City for the proclamation. Indicated
hunger and homelessness is a national issue. More than 30,000 families experience
homelessness and hunger. Ms. Spencer noted every person deserves a place to live.
N. Proclaim November 18th – 24th, 2019 as “Global Entrepreneurship Week” for
the City of Boynton Beach. Connor Lynch, COO, Plastridge Insurance, will
accept the proclamation.
Mayor Grant proclaimed November 18-24th, 2019 thanked the City of the proclamation.
Connor Lynch, COO, thanked the City for their partnership. Global Entrepreneurship
Week (GEW) is an international initiative that introduces entrepreneurship to young
people in six continents. GEW emerged in 2008 because of Enterprise Week UK and
Entrepreneurship Week USA 2007. Since its creation, more than 10 million people from
roughly 170 countries have participated in entrepreneurship-related events, activities and
competitions during GEW.
Mayor Grant noted Fire Stations #5, there would be business over coffee, with staff from
Economic Development.
O. Proclaim December 1, 2019 as World AIDS Day.
Mayor Grant proclaimed December 1, 2019 as World AIDS Day.
P. Present Certificate of Completion to Commissioner Ty Penserga for
completing the Advanced Institute for Elected Municipal Officials.
Mayor Grant presented a Certificate of Completion to Commission Ty Penserga for
completing the Advanced Institute for Elected Municipal Officials.
Commissioner Penserga thanked the commission for the opportunity to attend the
training. He is looking forward to growing his role as an elected official.
Commissioner McCray said he wished Commissioner Penserga the best.
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Mayor Grant Indicated on November 11, 2019 City Hall and the Library would be closed
for Veteran’s day. Schedule for the garbage pick is the same.
11. New Business-
(Heard out of sequence)
A. PROPOSED RESOLUTION NO. R19-140 - Approve and ratify the Collective
Bargaining Agreement between the City and the Police Officers and
Detectives unit of the Palm Beach County Police Benevolent Association
(PBA).
Mayor Grant read proposed Resolution No. R19-140 into the record by title only.
Motion
Commissioner Romelus moved to approve. Commissioner McCray seconded the motion.
Commissioner Penserga indicated he was in support of this resolution.
Vice Mayor Katz stated everyone came together to make this agreement happen.
Commissioner McCray supported the resolution.
Commissioner Romelus stated this would bring the City of Boynton Beach salary scale
from the lowest to the third highest. Thanked all the men and women who wear the blue
Mayor Grant thanked the Police department and city staff. They are looking for great
things with Boynton Beach. This has been a long journey and happy for the future.
Daniel Dugger, Sergeant Detective Bureau, City of Boynton Beach Police Department,
has been a member of the police department for 15 years. He is part of the Palm Beach
County Police Benevolent Association (PBA). Thanked all who helped to make this
negotiations happened.
Vote
The motion unanimously passed.
B. PROPOSED RESOLUTION NO. R19-141 - Approve and ratify the Collective
Bargaining Agreement between the City and the Police Sergeants unit of the
Palm Beach County Police Benevolent Association (PBA).
Mayor Grant read proposed Resolution No R19-141 into the record by title only.
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Motion
Commissioner Penserga moved to approve with discussion. Commissioner McCray
seconded the motion.
Vote
The motion unanimously passed.
12. Legal (Heard out of order)
F. PROPOSED RESOLUTION NO. R19-143 - Authorize the City Manager to
enter into a Purchase and Development Agreement between the City of
Boynton Beach and Habitat for Humanity of South Palm Beach County to
convey three (3) vacant lots in the Heart of Boynton, subject to final approval
by the City Attorney.
Mayor Grant read proposed Ordinance No. 19-143 into the record on the first reading
Motion
Commissioner Romelus moved to approve. Commissioner McCray seconded the motion.
Vote
The motion unanimously passed
9. CITY MANAGER’S REPORT (Heard before the consent agenda)
A. Consider the recommendation from the Recreation & Parks Advisory Board
concerning renaming Veterans Memorial Park in honor of Tom Kaiser.
Wally Majors, Parks and Recreation Director, recently received a recommendation from
Representative Casello to rename the Veteran Memorial park in honor of Tom Kaiser Per
the established policy; the recommendation forwarded on to the committee and reviewed
for appropriateness, than forward to the City Commission. The Recreation and Parks
committee recommended not to rename the park, but was passionate about making sure
that they recognized the significant contribution which Mr. Kaiser made to the park, they
looked to find a way to Mr. Kaiser is recognized, they felt the park should recognized all
veterans. The park should be there to recognize all veterans. He stated it was very
important the City recognize Mr. Kaiser.
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Mayor Grant opened for the public
Susan Oyer, 140 SE 27th Way, agreed with the Park and Recreation board keep the
name Veteran Park. The City need to honor Mr. Kaiser, but not by renaming the park.
Suggested a permanent structure.
Florida State Representative Joe Casello stated this park would honor all veterans.
Noted there are 28 monuments at the park. Provided some background information on
the original name was Bicentennial Park, in 2011 the Commission approved the named
park as the Veteran Memorial Park. The veterans built the park, but Mr. Kaiser kept the
memories of the unsung heroes alive. Representative Casello asked the City Commission
to rename and rededicate the park to include Mr. Kaiser’s name.
Jerry Taylor, 1086 SE 26 Avenue, remembered the inception of the park. Mr. Kaiser
used funds out of his pocket to help with everything regarding the park. Mr. Taylor stated
he would be proud to have the park named Kaiser Park to recognize and honor Mr. Kaiser.
He stated the Park and Recreation committee just make recommendations, it was up to
the Commission to make the final decision. Mr. Taylor said he was 100% behind renaming
the park Kaiser Park.
Stanley Gavlick, 15815 Vivanco Street Delray Beach, commander of the Korean War
veteran, chapter 17. Indicated they are the only Korean chapter in Palm Beach County.
The membership of the Korean War Chapter 17 is in favor of renaming the park. The
dream of establishing a veteran’s park was a dream of Mr. Kaiser. Mr. Kaiser has been
involved with the veteran’s group since 2008.
Larry Blocher, 5420 Laurel Oak Street, Post commander of the PFC Michael J. Metcalf,
VFW Post 5335. He was a retired disabled combat veteran. He support all veterans for
what they have done, this would not diminish any veteran. This park represent all the
veterans.
Kurt, a veteran, provided some background information on Mr. Kaiser. Indicated Mr.
Kaiser never stops working. This would be a great thing to name the park in honor of Mr.
Kaiser.
Anthony Skura, 96-year-old veteran, pointed out Mr. Kaiser has dedicated his life with
helping veterans. Indicated it was very feasible to name the park after him. Noted Mr.
Kaiser has dedicated his life for veterans.
Paul, Honor Society of American Veterans. Bona Road Past Commander of Jewish War
Chapter. Mr. Kaiser was on one of the first to work on the monuments
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James Czizik, 705 SW 15 Street, has experience working with Mr. Kaiser. Mr. Kaiser is
a tireless worker. He understand the pressure, the bigger concern was naming the park
after only one individual.
Charley Fox opposed placing any name on the park. The dedication of the park should
be to all veteran. He supports the recommendation of the Recreation board opinion.
Minister Bernard Wright, CEO Real Talk Radio, noted he has no problem with Mr.
Kaiser receiving the recognition and honor to have the park name in his honor.
Tom Kaiser stated he put in eight years on the Veteran park project. He decided to take
the project on when he was 80 years old. This park has been a labor of love. He said he
was 92 years old, this was something which as planned day one. He indicated all the
monuments dedicated to those who have fallen in wartime. Whatever he does for the
veteran is done out of love and respect. Until the day they close the box, he will be working
for all veterans.
Commissioner Romelus requested clarification regarding ownership of the property.
Commissioner McCray stated this was city property.
Vice Mayor Katz stated he was not a veteran, so he takes the word of veteran. Stated if
someone provided money to the City could have his or her name placed on a building,
why not have a person who served our country. The item does not have a specific name;
he would request the city would work with the veterans and Mr. Kaiser. He support the
ideal of incorporating the name in the park. Mr. Kaiser placed effort instead of money.
Commissioner McCray provided history of the park. Originally, the park built as a passive
park. Mayor Taylor stated Mr. Kaiser took the charge for the park. Commissioner McCray
indicated they might have forgotten about Commissioner/Vice Mayor Bob Ensler, who
took charge and brought the park before the Commission. The Commission voted on the
Boynton Beach Veteran’s Memorial Park. He congratulated the Parks and Recreation
Board.
Commissioner Penserga noted many spoke beautifully regarding the Veterans Park.
Many have also stated, when someone honored, it does not take away from the
successes of other people. It was possible to honor our heroes, without it taking away
from the work from others. The ideal when you honor one person, it does not take away
from successes of others. Commissioner Penserga stated it is possible to honor a person,
which has made significant contributions to a cause. He was happy to honor Mr. Kaiser
with placing his name on the park.
Mayor Grant stated he only missed one veteran’s event. Mr. Kaiser has always been
there, he was always honoring the veterans. Mayor Grant stated this was not the originally
Veteran’s park. He suggested the name should be the Thomas Kaiser Veterans Memorial
Park. Asked for a motion to rename the park as well as provide some of his community
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support funds. He stated we need to realize not everyone come back from war. The
Commission need to recognize what Mr. Kaiser has done for the City as well as the
veterans. The City of Boynton Beach are the first to give the honor to Mr. Kaiser.
Motion
Commissioner Romelus made a motion to name the park, Boynton Beach Veteran Park
in Honor of Tom Kaiser. Commissioner McCray seconded the motion.
Vice Mayor Katz noted he fully supported renaming the park, but preferred to name
Veteran Park honoring Tom Kaiser He does not think one month would make a different.
Request was for the motion to include the incorporation of Thomas Kaiser name into the
park, subject to coming up with some different names. He did not want to name the park
at this time.
Mayor Grant stated the only way the Commission could get a recommendation was to
send it back to the Parks and Recreation Board.
Vice Mayor Katz, stated staff could make recommendation on the verbiage. Requested
staff to work with Mr. Kaiser to come up with a name, which is acceptable to staff and Mr.
Kaiser. Vice Mayor Katz asked if this item needed to go back to the Parks and Recreation
Board.
Attorney Cherof stated he does not have the regulations regarding the naming of the
facilities.
Mr. Majors stated the recommendation could come from anyone; it is filtered through
either the Commission or the City Manager who refers it to the advisory board, which
allows for public comment who ensure that it is appropriate.
Commissioner Romelus asked the current name of the park. Mr. Majors replied Veterans
Memorial Park.
Commissioner Romelus stated she would like to maintain Veterans Memorial Park in
Honor of Tom Kaiser.
Commissioner McCray withdrew his second to the motion.
The motion died for lack of a second.
Motion
Commissioner Romelus moved to name the park Boynton Beach Veterans Park in Honor
of Tom Kaiser. Commissioner McCray seconded the motion.
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Vote
There was discussion and no vote was taken on the motion.
Motion
Vice Mayor Katz made a motion to have city staff select an appropriate name, move
forward with renaming the park to incorporate Tom Kaiser’s name, and bring back naming
ideas, while ensuring concerns are taken into account. Commissioner McCray seconded
the motion to be brought back to the Commission meeting at the December 3rd meeting.
Commissioner Romelus asked about the monuments in the park. Mr. Majors responded
the City would need to contact a vendor, to determine what is required, and ensure the
mounting area could handle the new sign. He indicated the cost maybe about $500-$750
dollars. He was unsure if the board could withstand taking down the board .If that was not
a viable alternative, the sign would need replacement. Commissioner Romelus asked for
the cost of the sign. Mr. Majors indicated the cost of a new sign could be about $7000.
Mr. Kaiser indicated each piece in the park was granite. He has already spoke with the
monument place, which would be sitting upfront. He mentioned the yellow thing, which
was a distraction. Please do not spend money, he stated at his expense he would buy
this monument and have it placed in a proper place.
Vote
The motion unanimously passed.
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this is 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
Christin Eldo, requested Boynton Beach stand with 91 other municipalities against
offshore oil drilling. Oceana protect the Oceans. He asked the City Commission to pass
a resolution against offshore oil drilling. Indicated HR1941 passed, which is a permanent
moratorium on oil drilling. He pointed out the BP oil disaster happening within 12 miles
off the shore and the spill is still being felt today. Protecting our coastlines, when we drill
we spill. Requested to place a resolution on the upcoming agenda.
Susan Oyer, 140 SE 27th Way, provided a package to the commission. There is a
wonderful program, called Red Paw. Red Paw responders recued more than 1,000 pets
in 2018. She wanted to impress upon the commission there is a loss of birds in the
environment.
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Tory Ore, 407 NE 17 Avenue, speaking about the Sara Sims Park, noted this park is for
everyone. This Saturday Park would have its official grand re-opening. We would love to
have one of the Commissioners at the opening of the park. Last Saturday they had a flea
market for the neighborhood and want to have it once a month. He hope to see the Mayor
and Commissioner there.
Commissioner Romelus requested an email so the event can be placed on the calendar.
Minister Bernard Wright, CEO of Real Talk Radio, Robbie Wells Foundation, currently
running for Commissioner in District 2. There would be a cultural center. Minister Wright
pointed out his great grandfather came to the United States in the 1890’s, and at that
time, this area was called South Lake Worth. The City of Boynton Beach has a history of
diversity. The residents talked about a splash party. He asked to recognize and honor
the people of the community and said the City needs to include the residents. He was a
homeowner and a parent; no one has included him in the grand reopening of Sara Sims
Park. No one has included the people who live in the area. He said the people in the Heart
of Boynton have not been included in the opening of the park in their neighborhood and
this should be done out of respect.
Commissioner Romelus invited Minister Wright to speak with Eleanor Krusell.
Mayor Grant, seeing no one else coming forward, closed Public Audience.
5. Administrative
A. Approve the request of Mayor Grant to distribute $200 of his Community
Support Funds to Young Men of Distinction, Inc.
Motion
Commissioner Romelus moved to approve. Commissioner Penserga seconded the
motion.
Vote
The motion unanimously passed.
Jacoby Waters, CEO of Young Men of Distinction is a non-profit organization, which
cater to middle school young men. Currently Young Men of Distinction are in three areas
of Palm Beach County. It has been a vision to give back to the community. Next year
they are launching Jr. Young Men of Distinction.
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Commission Romelus asked which area where the Young Men of Distinction service. Mr.
Waters replied John R. Leonard, Turning Points Academy, J.A.Y. (Jesus and You)
Outreach Ministry.
Commissioner Penserga asked how many young men are involved with Young Men of
Distinction. Mr. Waters estimates 25 young men.
B. 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 & Appeals: 1 Reg and 2 Alts
Education and Youth Advisory Board: 2 Stu
Historic Resources Preservation Board: 1 Alt
Library Board: 1 Alt
Recreation and Parks Board: 1 Alt
Senior Advisory Bd: 1 Alts, 2 Reg
Motion
Commissioner McCray moved to appoint Charles Frederick to the Recreation and Parks
Board (Alt). Vice Mayor Katz seconded the motion.
Vote
The motion unanimously passed.
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
Mayor Grant requested to pull items D, V and Z
Commissioner Romelus requested to pull items F, L, N, O, R and U.
A. PROPOSED RESOLUTION NO. R19-116 - Assess the cost of nuisance
abatement on properties within the City of Boynton Beach.
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B. PROPOSED RESOLUTION NO. R19-117 - Approve Memorandum of
Understanding (MOU) between the IAFF Local 1891 Boynton Beach
Firefighters and the City, which amends language in Article 8 and in Article 44
of the Collective Bargaining Agreement.
C. PROPOSED RESOLUTION NO. R19-118 - Authorizing Mayor Grant to sign
the Florida Department of Environmental Protection (FDEP) Grant Agreement
No. LBSP1 (Land-Based Sources of Pollution) for the implementation of three
rain gardens and/or bio-swales demonstration projects, obligating federal and
state funds for the amount of $70,000. The period of performance is upon
execution through June 30, 2020.
D. PROPOSED RESOLUTION NO R19-119 - Award RFP # 018-2413-19/IT and
authorize the City Manager to enter into a three (3) year agreement with
Parkmobile for Metered Parking for Oceanfront Park, Harvey E. Oyer Jr. Park
and future locations that may require metered parking.
Mayor Grant stated this agreement is to create a metered parking system within the parks.
Andrew Mack, Director of Public Works, noted this is an RFP; the City has selected a
vendor. Pointed out this program would be deployed at Oceanfront Park and Harvey E
Oyer Jr. Park. The City may expand the scope to include future parking garages proposed
as part of Town Square and other city-owned spaces. The services include collection of
fees as well as enforcement.
Mayor Grant stated the Ocean Front Park is in the Municipality of Ocean Ridge. Would
that affect anything done with Park-mobile? Mr. Mack stated this is step one of the
process.
Commissioner McCray noted although Oceanfront Park is in Ocean Ridge, the park
belongs to the City of Boynton Beach.
Commissioner Penserga inquired what happens to staff currently assigned to Oceanfront
Park. Mr. Mack replied the position would become full-time and the position would
become a Park Ranger. This would help bolster the positon.
Commissioner Penserga restated the City is repositioning the position.
Motion
Commissioner Romelus moved to approve. Vice Mayor Katz seconded the motion.
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Vote
The motion unanimously passed.
Commissioner McCray requested the reporting department of the Park Ranger. Mr. Mack
replied the Park Rangers report to Wally Majors, Director of Parks and Recreation.
Commissioner McCray noted the bathrooms are closed at Sara Sims Park. Mr. Mack
replied that issue has been resolved.
Susan Oyer 140 SE 27th Way, believed this was horrendous. Indicated the parking was
free at Harvey Oyer Park. There is going to be a parking tax.
Commissioner Romelus requested clarification regarding the parking fees.
Lori LaVerriere noted this would be an expansion of paid parking throughout the
community, the only focus is on Oceanfront Park as well as Harvey Oyer Park, and there
is no plan to expand further.
Commissioner Romelus indicated the reason she voted for this because the City was
already collecting a fee at Harvey Oyer Park as well as Oceanfront Park. She stated there
would be no charge for parking for cars.
E. PROPOSED RESOLUTION NO. R19-120 - Approve the "Riverwalk Plaza"
record plat, conditioned on the approval being the certification of the plat
documents by the City Engineer.
F. PROPOSED AMENDED RESOLUTION R19-121 - Authorize the City
Manager or Police Chief Michael Gregory to sign all documents with Florida
Department of Transportation (FDOT) State Safety Office associated with the
grant acceptance and grant agreement in the amount of $50,000 subject to
the approval of the City Attorney for the Boynton Beach Impaired Driving
Enforcement Program.
Commissioner Romelus requested clarification of grants received.
Police Chief Michael Gregory stated this grant provided by Florida Department of
Transportation (FDOT) State Safety Office, used for DUI enforcement. The goal was to
create traffic safety enhancement.
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Motion
Commissioner Romelus moved to approve. Commissioner McCray seconded the motion.
Vote
The motion unanimously passed.
G. PROPOSED RESOLUTION NO. R19-122 - Approve and authorize the City
Manager (or designee) to apply for the State permit necessary to temporarily
close Federal Highway on Saturday, December 7th, for the 49th Annual
Holiday Parade.
H. PROPOSED RESOLUTION NO. R19-123 - Approve and authorize
the Mayor to sign a land use agreement between the City of Boynton Beach
and Journey Church for the 49th Annual Holiday Parade on Saturday,
December 7, 2019.
I. PROPOSED RESOLUTION NO. R19-124 - Approve and authorize the City
Manager to sign a land use agreement between the City of Boynton Beach
and Ocean One Boynton, LLC for the 49th Annual Holiday Parade to be held
December 7, 2019.
J. PROPOSED RESOLUTION NO. R19-125 - Approve and authorize the City
Manager to sign a land use agreement between the City of Boynton Beach
and Chase Bank for the 49th Annual Holiday Parade to be held December 7,
2019.
K. PROPOSED RESOLUTION NO. R19-126 - Approving and adopting the Local
Mitigation Strategy (LMS) Plan 5-year update, titled LMS2020, allowing the
City to continue to be eligible for mitigation funding from federal and state
agencies.
L. PROPOSED RESOLUTION NO. R19-127 - Authorize the Mayor to sign the
tri-party interlocal agreement between the Cities of Boca Raton, Delray
Beach and the City of Boynton Beach for the purpose of operating a Biology
Processing Laboratory (BPL) to pre-process DNA samples obtained by
Boynton Beach Police Department pursuant to criminal investigations.
Chief Gregory stated the current technology there is a challenge in processing DNA
samples. The Biology Processing Laboratory (BPL), preprocess the DNA samples, this
reduces time for the Palm Beach Sheriff department to process the samples. Chief
Gregory indicated the department would like to continue this service.
Mayor Grant stated this helps with the chain of evidence and removed the contamination.
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Chief Gregory stated this process does not involve the chain of custody. He pointed out
the process takes away extra steps that the Palm Beach County Sherriff department need
to do, the BPL speeds up the process.
Commissioner Romelus believed this is important, and doing this would allow to bring
evident time from months to days and he was in full support bring
Motion
Commissioner Romelus moved to approve. Commissioner McCray seconded the motion.
Vote
The motion unanimously passed.
M. PROPOSED RESOLUTION NO. R19-127 - Authorize the Mayor to sign the
tri-party interlocal agreement between the Cities of Boca Raton, Delray
Beach and the City of Boynton Beach for operating a Biology Processing
Laboratory (BPL) to pre-process DNA samples obtained by Boynton Beach
Police Department pursuant to criminal investigations.
N. PROPOSED RESOLUTION NO. R19-129 - Authorize the City Manager
or Police Chief Michael Gregory to sign all documents associated with the
acceptance and grant agreement for Florida Department of Law Enforcement,
Office of Criminal Justice Grants, Identity Theft and Fraud Grant
Program subject to the approval of the City Attorney.
Michael, Gregory, Police Chief, indicated the Florida Department of Law Enforcement
(FDLE), Office of Criminal Justice Grants, has awarded the Police Department
the Identity Theft and Fraud Grant for the 2019-2020 funding cycle for $9,949. Approval
of this award would allow the funds to support the continued efforts in solving identity theft
and fraud crimes victimizing the elderly in the community. A portion of the funds will go
towards additional training for the detectives
Commissioner Romelus stated this was valuable program.
Motion
Commissioner Romelus moved to approve. Commissioner McCray seconded the motion.
Vote
The motion unanimously passed.
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O. PROPOSED RESOLUTION NO. R19-130 - Authorize the City Manager to
sign an Interlocal Agreement for a multi-jurisdictional Climate Change
Vulnerability Assessment, and a Grant Agreement with the Florida
Department of Environmental Protection for a Resilience Planning Grant of
$75,000.
Rebecca Harvey, Sustainability Coordinator, this grant is for a project assessing climate
change. The City of Boynton Beach led the initial planning phase of the collaboration from
January to June 2019 with a FY 18/19 Resilience Planning Grant of $72,000 from the
Florida Department of Environmental Protection (FDEP)/Florida Resilient Coastlines
Program. The partnership was awarded a second (FY 19/20) Resilience Planning Grant
of $75,000 to engage stakeholders and complete the initial steps of a multi-jurisdictional
climate change vulnerability assessment (CCVA).
Ms. Harvey explained the CCVA scope of work, which includes five tasks. Explore
Climate Threats, Identify and Evaluate Community Assets, Assess Vulnerabilities and
Risks, Investigate Potential Adaptation Strategies, Prepare summary reports for each
task of the scope of work. A CCVA executive summary, and a CCVA final report, as well
as a GIS-based interactive mapping tool, that will be distributed to the Working Group
members. The Florida Department of Environmental Protection, through the Florida
Resilient Coastlines Program, awarded a FY 19/20 Resilience Planning Grant of $75,000
to the City of Boynton Beach on behalf of the eight Participants.
Commissioner Romelus one of the most imperative issue is sea-level rise.
Motion
Commissioner Romelus moved to approve. Commissioner Penserga seconded the
motion.
Vote
The motion unanimously passed.
Commissioner McCray stated grant money is not free, it come with strings attached
P. PROPOSED RESOLUTION NO. R19-131 - Authorize the City Manager to
sign amendment 3 to Task Order No. R13-063-09 to CH2M Hill for Boynton
Beach Landfill Post-Closure Maintenance Assistance in the amount of
$25,338. The current task order is $235,046.94; amendment 3 will increase
the task order to $260,384.94.
Q. PROPOSED RESOLUTION NO. R19-132 - Approve and authorize the
Mayor to sign a Promissory Note and Loan Agreement, First Amendment to
Purchase and Development Agreement, Subordination Agreement, and any
other agreements or related documents associated with the loan to Ocean
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Breeze East Apartments, LLC, securing the Local Government Contribution
of $567,500.
R. PROPOSED RESOLUTION NO. R19-133 - Authorize the City Manager or
Police Chief Michael Gregory to apply for, accept, and execute all grant
documents, including the Grant Agreement, subject to the approval of the City
Attorney.
Michael Gregory, Police Chief, indicated this grant was from the Florida Department of
Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to
receive $50,000 in sub-grant funding for the 2019-20 funding cycle under the speed &
aggressive driving priority area. Approval of this award would allow agency to conduct
enforcement operations in high frequency crash fatality locations. With rapid growth and
expansion there comes a need to further enhance our efforts to reduce traffic crashes,
fatalities and injuries that are related to speed & aggressive driving through enforcement
and education. The Boynton Beach Police Department will review crash data to determine
high frequency locations and conduct enforcement operations. The Boynton Beach Police
Department will also conduct education initiatives to raise awareness in regards to traffic
safety, speed and aggressive driving.
Mayor Grant they had access to the waves data, asked if they Urban STK which had
access to data from waves and FDOT data, to finger out where the hotspots are.
Chief Gregory responded their data is coming from the actual crashes, which happen in
Boynton Beach. The City of Boynton Beach data is coming from the actual police officers.
Mayor Grant inquire the data has access from wave and does a time study and that was
another way in which technology could be used. Chief Gregory noted he was not aware
if this grant could be used to find new datasets. Explained the city could explore many
options, there are different measurement options. Chief Gregory pointed out some of the
social media crowd sourcing may not be accurate.
Motion
Commissioner Romelus moved to approve. Commissioner McCray seconded the motion.
Vote
The motion unanimously passed.
S. PROPOSED RESOLUTION NO. R19-134 - Authorize the City Manager to
enter into an agreement with W.W. Grainger utilizing the City of Tucson
Contract # 192163 with Omnia Partners for the purchase of hardware and
safety supplies for an estimated annual expenditure of $70,000. Omnia
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Partners procurement process satisfies the City's competitive bid
requirements.
T. PROPOSED RESOLUTION NO. R19-135 - Approve and authorize the City
Manager to sign a contract with Transource Services Corp based on a piggy-
back of a State of Florida Alternate Contract #43211500-WSCA-15-ACS for
the purchase of Datrium ControlShift SaaS software from Transource
Services Corp in the amount of $35,430.30.
U. PROPOSED RESOLUTION NO. R19-136 - Approve and authorize the City
Manager to sign the Developer’s Agreement with Knuckles, LLC for the
granting of a ten (10) ft. public utilities easement along SE 23rd Avenue on
the developer's property and a twenty (20) ft. by twenty (20) ft. public utilities
easement located adjacent to SE 23rd Avenue on the southwest corner of Lot
5 of the developer's property for the City's construction of sanitary sewer and
lift station improvements as required by the Conditions of Approval for the
Taco Bell project located at 2319 Federal Highway.
Mayor Grant inquired if the City of Boynton Beach is spending money for a lift station,
underneath Federal Highway.
Collin Groff, Assistant City Manager, indicated the lift station is being moved from
underneath Federal Highway, which is currently located within the roadway of SE 23rd
Avenue, onto the developer’s property at the City’s expense.
Commissioner McCray noticed work on SE 23rd avenue; it seems that the work has begun
without approval from the Commission.
Mr. Groff replied the private developers are working, and the site plan has already been
approved. This was the easement approval and the work would come back to the
commissioner for approval.
Commissioner Romelus indicated she was not in opposition to the lift-station, but she was
in opposition to this project.
Motion
Commissioner Penserga moved to approve. Vice Mayor Katz seconded the motion.
Vote
The motion passed 3-2 (Commissioner Romelus and Commissioner McCray dissenting)
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V. Declare forty-one (41) vehicles/equipment as surplus and approve the
disposition of these items submitted by Fleet Maintenance Division using
various means such as JJ Kane live auction, JJ Kane on-line auction, and
GovDeals.com.
Mayor Grant would like to offer one vehicle per school, which has a maintenance
academy.
Commissioner McCray, which school. Mayor Grant replied South Tech Academy and
Park Vista, which has a maintenance academy.
Commissioner Penserga stated this was a good use of resources for educational
purposes. There are people who are struggling to get a car, asking if the City could
expand to other groups.
Mayor Grant stated, unless another organization comes forward, he was not in support
for an unknown organization. JJ Kane is in Riviera Beach and the next Public Auction is
on November 23rd
Commissioner Penserga asked if there were any legal ramification to provide cars to other
organization other than schools. Attorney Cherof replied paper work could be drawn up
to eliminate any city liability.
Commissioner Penserga suggested there was other ways to give other than educational.
Motion
Mayor Grant moved to approve. Commissioner Romelus seconded the motion.
Vote
The motion unanimously passed.
W. Accept the written report to the Commission for purchases over $10,000 for the month
of September 2019.
X. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund
and the Utilities Fund for the twelfth (12)-month period ended September 30,
2019, Unaudited.
Y. Accept fourth quarter and yearend report on operations of the Schoolhouse
Children's Museum and Learning Center for FY 18/19.
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Z. Approve Award of Request for Qualifications (RFQ) No. 038-2821-19/TP as
recommended by the Selection Committee and authorize staff to conduct
negotiations with the recommended top ranked proposers to establish
contracts in accordance with for General Consulting Services and as per
Florida Statute 287.055, otherwise known as the Consultants' Competitive
Negotiation Act (CCNA). At completion of negotiations, contracts will be
brought back to the Commission for approval.
Mayor Grant requested clarification on this item.
Michael Low, Utility Deputy Director/Manager of Technical Services, explained the
concept of the RFQ. This RFQ was issued seeking qualifications from firms interested in
providing system programming, preventive maintenance and repair services to the City.
Systems integrator to assist with the modernization of the City of Boynton Beach system.
The City vision includes the implementation of data interoperability between software
packages such as CMMS and GIS, and using SCADA collected data to make sound
operational decisions. Our team of dedicated, responsive professionals is fully prepared
to guide you through the best options available for your SCADA needs. This would cover
the water plant, pumping station the lifting stations
Mayor Grant asked if McKim & Creed, Inc., ranked number one. Mr. Low responded in
the affirmative.
Motion
Commissioner McCray moved to approve the ranking. Commissioner Penserga
seconded the motion.
Vote
The motion unanimously passed.
AA. Approve the minutes from City Commission meeting on October 15, 2019.
Motion
Commissioner Romelus moved to approve the remainder of the consent agenda.
Commissioner McCray seconded the motion.
Vote
The motion unanimously passed.
7. CONSENT BIDS AND PURCHASES OVER $100,000
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Commissioner Romelus pulled item A.
A. PROPOSED RESOLUTION NO. R19-137 - Authorize the City Manager to
accept the award and sign all documents associated with the EMW-2018-FO-
000546, Assistance to Firefighters Grant (AFG) for FY 2018, through the U.S.
Department of Homeland Security. The award is in the amount $481,165.45
which requires a 10% match of $48,116.55 by The City of Boynton Beach (for
a total project budget of $529,282)
Glen Joseph, Fire Chief explained the City has 13 advance life support cardiac monitors,
which are at the end of their manufacturers suggested service life. Accepting this grant
award will cover the cost of refreshing our inventory of cardiac monitors and provide the
newest and most advance monitoring technology to our emergency responders. These
technologies will allow our responders to non-invasively monitor electrocardiograms,
monitor vital signs, detect trace amounts of the very toxic carbon monoxide in the blood,
and measure and chart expired carbon dioxide –which are all essential assessment tools
and capabilities. Chief Joseph indicated the cost was about $30,000 to 40,000 each to
replace.
Commissioner McCray stated it was not free money. Commissioner Romelus stated it
was free; the City was awarded $481,165.45 for equipment.
Motion
Commissioner Romelus moved to approve. Commissioner Penserga seconded the
motion.
Vote
The motion unanimously passed.
B. PROPOSED RESOLUTION NO. R19-138 - Authorize the Piggy-Back of the
Palm Beach County Term Contract 18055A for the purchase and installation of
fiber optic cabling between Rolling Green Tower and Fire Station #5 by
Precision Contract Services in the amount of $300,000 and authorize the City
Manager to sign applications for permitting the installation and a piggy-back
contract. The City is allowed to purchase from Palm Beach County Term
Contract.
C. PROPOSED RESOLUTION NO. R19-139 - Approve award of BID NO. 001-
2511-20/EM for New Fencing, Repairs, and Gate Operators on a primary,
secondary & third basis to the lowest, most responsive, responsible bidders
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who met all specifications to Martin Fence Co., Tropic Fence Inc., and Alpha
Fence, respectively, with an estimated annual amount of $250,000 to be used
on an "as needed basis". The initial term of the contract awarded shall be for
two (2) years with three (3) additional one (1) year renewable periods.
Motion
Commissioner McCray moved to approve the remainder of the consent agenda.
Commissioner Penserga seconded the motion with discussion.
Vote
The motion unanimously passed.
8. Public Hearing
7P.M. OR AS SOON THEREAFTER AS AGENA PERMITS
The City Commission will conduct these public hearing in its dual capacity as
Local Planning Agency and City Commission.
A. PROPOSED ORDINANCE NO. 19-038 - SECOND READING - Approving
BIRD Property Future Land Use Map amendment (LUAR 19-004) from the
Palm Beach County’s Industrial (IND) classification to the City's Industrial
(I) classification. City-initiated.
Attorney Cherof read the proposed ordinance no. 19-038 on second reading into the
record by title only.
Motion
Commissioner Romelus moved to approve. Commissioner McCray seconded the motion.
Mayor Grant asked for any comments from the audience. Seeing none, he asked for a
Roll call
Clerk Gibson called the roll.
Vote
5-0
PROPOSED ORDINANCE NO. 19-039 - SECOND READING - Approving
Bird Property Rezoning (LUAR 19-004) from the Palm Beach County's
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Light Industrial (IL) zoning district to the City's M-1 Light Industrial zoning
district. City-initiated.
Attorney Cherof read the proposed ordinance no. 19-039 on second reading into the
record by title only.
Motion
Commissioner McCray moved to approve. Commissioner Romelus seconded the motion.
Mayor Grant asked for any comments from the audience. Seeing none, he asked for a
roll call.
Clerk Gibson called the roll.
Vote
5-0
9. CITY MANAGER’S REPORT
A. Consider the recommendation from the Recreation & Parks Advisory Board
concerning renaming Veterans Memorial Park in honor of Tom Kaiser. (Heard
before the consent agenda)
B. Reconsider the issuance of special event permits at Sara Sims Park.
Commissioner McCray requested to reconsider the special event permits at Sara Sims
Park and allow the community to use the park.
Mayor Grant this would mean there would be allow to have amplified music until 10:00
pm.
Commissioner McCray stated there was a noise ordinance.
Mayor Grant stated the event should end at 9pm on the weekends and 8pm on the
weekdays. Commissioner McCray stated to give the citizens a chance to have fun at the
park.
Vice Major Katz requested information from staff, asked if the parks governed by time or
dusk to dawn.
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Lori LaVerriere, City Manager replied the parks with lighted facilities such as tennis,
basketball, and racquetball courts open until 10:00 pm based on trends. Those parks are
allowed to remain open indicated it depends on usage trends.
Vice Mayor Katz asked what would be the anticipated time of closure of Sara Sims Park
as this park has different components, per the concern of the Mayor regarding loud noise
past a certain hour. Vice Mayor Katz inquired as to the time of park closure.
Wally Majors Recreation and Park Director responded there are several parks with lighted
amenities, in which case they are open until 10pm. The City does not allow amplified
music in any of the parks, if there is any event, which request for amplified music, they
would need to apply for a special permit.
Vice Mayor Katz stated shared similar concerns, he does not have a problem to have a
wait and see what will happen, subject to the guidelines of any other parks.
Mr. Major stated there are signs, which indicate no amplified music. If there were an event
which would require music, staff would review. Mr. Major provided some special event
examples.
Ms. LaVerriere stated the City does not typically allow amplified music after 10:00 pm.
Commissioner McCray stated all the same governance apply to all the parks.
Commissioner Penserga stated he support Commissioner McCray.
Motion
Commissioner McCray moved to reconsider the special event permits at Sara Sims Park
and lift the restrictions. Commissioner Romelus seconded the motion.
Vote
The motion unanimously passed.
C. Discuss design and location of Community Greening's Urban Orchard for the
Heart of Boynton.
Rebecca Harvey, Sustainability Coordinator honored to collaborate with community
greening. Community Greening is an urban forestry non-profit based in Delray Beach that
has quickly expanded their work throughout Palm Beach County. Since 2016, they have
planted more than 3,000 trees with 3,000 volunteers of all ages in parks, schoolyards,
residential yards, and urban orchards from West Palm Beach to Boca Raton. In 2018,
Community Greening was named the Tree Advocacy Group of the Year by Florida’s
Urban Forestry Council, and in October 2019 the Greater Delray Beach Chamber of
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Commerce named them Non-Profit of the Year. Ms. Harvey stated trees have enormous
benefits, infrastructure, cleaning our water, there are many programs such as public park
school planting urban orchards, and neighborhood and residential planting tree give
away.
Commissioner McCray asked what type of trees would be place. Matt Shipley, Co-
Founder of Community Greening responded there would be soursop, sugar apple,
mangoes, starfruit, there are usually about 50 trees in the grove.
Mayor Grant stated there are a couple of parks, in the Heart of Boynton such as Palmetto
lanner and Barton Park, if they find found funding ask if the commission was in favor or
planting trees at these parks.
Commissioner McCray stated Barton Park was a passive Park. When they start planting
trees the fruit will drop.
Motion
Commissioner Romelus moved to approve. Commissioner McCray seconded the motion.
Vote
The motion unanimously passed.
D. Presentation of staff's recommendations for the 2020 Entrepreneurship and
Business Incubation Grant Program.
John Durgan, Economic Development Specialist, announced some changes from last
year. The Grant components from last year, there were two incubators and four
workgroups. There were two incubators, one for new incubator and four for workgroups,
which include women, youth, technology, and regional. The funding amount would be
four $10,000 incubators grants and four $2,500 Working Groups Entrepreneurship
Grants. The Boynton Beach Entrepreneurship and Business Incubation Grant Program
provides funding for $50,000 to business incubators and working groups on
entrepreneurship to undertake startup growth activities and studies. This grant year, the
City is seeking to support business incubators located within the City of Boynton Beach
that focus on helping youth, women, technology, and minority businesses. The City will
also support working groups on entrepreneurship that focus on tourism and hospitality,
sustainability, health, and the “gig economy”.
Commissioner Romelus stated her hesitation from moving forward, she was not sure of
the first allocation of funding and what reported from that entity funded. Inquired is the
City paying the entity to create research? What is the City doing to make these things
happened. Mr. Durgan stated staff received the final reports and would come back to the
Commission with a report.
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Lori LaVerriere, City Manager explained the grant process. Noted the final report just
received. Based on the feedback from the previous awards, there were concern regarding
allocating $20,000 grants only two candidates. Ms. LaVerriere explained funds would are
not awarded until a report is received by the grant recipient.
Commissioner McCray stated when approved, the Commission requested report.
Commissioner Penserga asked if in the discussion, if different formats been considered.
Inquired if the Economic Development team considered a citywide completion.
Commissioner Penserga said he would like to see larger number, which would make a
larger impact. Asked what are the matrix being measured. How does the Commission
know that they are doing well?
Mr. Durgan replied this has been discussed. The Commission budgeted $50,000 to
Economic Development.
Commissioner McCray asked how many people work on this. Mr. Dugan stated he and
Mr. David Scott.
Commissioner Penserga inquired how the Commission know this is working. Mr. Dugan
stated all of the award recipient put in some Key Performance Indicators (KPI), to show,
monitor and measure effectiveness of the business.
Mayor Grant stated he was in favor of the new group and sharing the wealth. The
Economic Develop department will provide a report at the December 3rd meeting.
Commissioner Romelus wanted to clarify, what is the 10,000 going to fund. Mr. Dugan
stated the business incubator helps new and startup companies grow and develop by
providing resources such as physical space, access to financing, legal support,
accounting/financial management, It infrastructure, networking opportunities , marketing
and business operations.
Motion
Commissioner Romelus moved to approve. Commissioner seconded the motion.
Vote
The motion unanimously passed.
E. Authorize the City Manager and City Attorney to negotiate a Purchase and
Sale agreement with Pulte Group for vacant City-owned property known as
the "Nickels Property".
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Motion
Vice Mayor Katz moved to approve with discussion. Commissioner Romelus seconded
the motion.
Commissioner McCray requested staff to inform the citizens where this property is
located.
Lori LaVerriere, City Manager responded the property is located on the outside of the
corporate limits of the City of Boynton Beach, west of Boynton Beach Mall, immediately
north of Boynton Beach Boulevard. Pulte Home submitted a letter of interest. If the
Commission was interested in selling, the City Attorney and she could negotiate with Pulte
Homes. There are several deed restrictions on the property.
Vice Mayor Katz indicated he was in support of allowing the City Manager and the
Attorney to speak with would Pulte regarding the land. He continued to say if Pulte Group
cannot take the restriction off the property, he does not want them to come and try to
return the parcel and request a refund. He does not want to fund their venture.
Collin Groff, Assistant City Manager, the Pulte Group sent a letter of interest for the
Nickels Property; and provided a schedule. The price for the property is an estimate of
$2,275,000 based on an assumed entitlement of 91 units. There would be a first deposit
of $10,000, which is due within five-business day after the parties execute a mutually
acceptable contract and the deposit is non-refundable.
Vice Mayor Katz asked what it this process takes 24 months. Ms. LaVerriere stated this
can be renegotiate more. Vice Mayor Katz indicated he does not want the city to lose any
money.
Mr. Groff stated the schedules must be followed. The second deposit, after the end of the
inspection period the buy will deliver and additional deposit to escrow agent for 5% of the
purchase price less the first deposit, which equals $104,000. The second deposit credited
towards the purchase price at closing. The Pulte Group requires 90 days from signing of
the contract to investigate the property at buyer’s expense. Pointed out there would not
be a transfer to the Pulte Group until all conditions from the letter of agreement are made.
Mr. Groff stated any type of purchase and sale agreement must come back to the
Commission.
Mayor Grant read the Letter of Interest to the public. Inquired if the City is precluded from
negotiating with anyone else who wanted to pay more for the property.
Ms. LaVerriere replied they are not bound to these terms, this is a letter of interest, the
only action tonight would be authorization, one you are interested in selling the property
and she and the City attorney can speak with the Pulte Group. The City is not bound to
the terms of the LOI.
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Mayor Grant states they could take less money for the property, if the Pulte Group could
offer workforce housing.
Commissioner McCray stated this is worthless land. He believed the Mayor is placing too
many restrictions.
Vice Mayor Katz stated to make it as clean as possible, he has no problem with selling
the property. He does not think the City could imposed restrictions. He indicated what can
be done was lower the selling price and the developer could agree to sell at a reduced
cost. He does not feel comfortable saying the City would sell them the land, he does not
think they are doing this to build affordable housing. This property is not in the City of
Boynton Beach city limits. The County has the mechanism to lift the deed restrictions.
Commissioner Romelus asked if the City owned the Nickels Property. Mayor Grant
responded the City owns the land, but does not have the ability to approve the
development. Vice Mayor Katz indicated all the approvals must go through the County.
Commissioner Romelus asked if the Commission should consider annexing this land.
Mr. Groff indicated one conditional in one of the provision of sale is annexation at such
time when it was lawful and legal. At this time, the parcel was not adjacent to the City of
Boynton Beach.
Motion
Vice Mayor Katz moved to authorize the City Manager to meet with the Pulte Group and
bring back terms. Commissioner McCray seconded the motion
Vote
The motion unanimously passed.
10. UNFINISHED BUSINESS –None
11. NEW BUSINESS (Item Heard Before Consent Agenda)
A. PROPOSED RESOLUTION NO. R19-140 - Approve and ratify the Collective
Bargaining Agreement between the City and the Police Officers and
Detectives unit of the Palm Beach County Police Benevolent Association
(PBA).(heard before consent)
Mayor Grant read proposed Resolution No R19-140 into the record by title only.
Commissioner Penserga indicated he was in support of this resolution.
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Vice Mayor Katz stated everyone came together to make this agreement happen.
Commissioner McCray supported the resolution.
Commissioner Romelus stated this would bring the city salary scale from the lowest to
the third highest.
Mayor Grant thanked police department and city staff. They are looking for great things
with Boynton Beach.
Chief Gregory thanked the members of the police department as well as staff.
Motion
Commissioner Romelus moved to approve with discussion. Commissioner seconded the
motion.
Vote
The motion unanimously passed
PROPOSED RESOLUTION NO. R19-141 - Approve and ratify the Collective
Bargaining Agreement between the City and the Police Sergeants unit of the
Palm Beach County Police Benevolent Association (PBA).
Mayor Grant read proposed Resolution No. R19-141 into the record by title only.
Motion
Commissioner Penserga moved to approve with discussion. Commissioner McCray
seconded the motion.
Vote
The motion unanimously passed.
12. LEGAL
A. PROPOSED ORDINANCE NO. 19-040 - FIRST READING - Approve
proposed amendments to Part II, Code of Ordinances, Chapter 10, Article II,
Refuse, Garbage and Trash, Section 10-23 & Section 10-24, Amending
definitions and codes clarifying mandatory service charge to curtail illegal
dumping.
Attorney Cherof read proposed Ordinance No. 19-040 into the record by title only on the
first reading
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Motion
Commissioner Romelus moved to approve. Commissioner Penserga seconded the
motion.
Clerk Gibson called the roll.
Vote
5-0
B. PROPOSED ORDINANCE NO. 19-041 - FIRST READING – Approving
amendments to Part II, Chapter 15. Offenses-Miscellaneous of the Code of
Ordinances, and Chapter 1, Article I. General Provisions and Chapter 3, Article
I. Overview of Part III of the Code of Ordinances (i.e. Land Development
Regulations) declaring that when there is a conflict between measures of a
Chronic Nuisance Corrective Action Plan and the Land Development
Regulations, the measures of a Chronic Nuisance Corrective Action Plan shall
prevail.
Attorney Cherof read proposed Ordinance No. 19-041 into the record by title only on the
first reading.
Motion
Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion.
Clerk Gibson called the roll.
Vote
5-0
C. PROPOSED ORDINANCE NO. 19-042 - FIRST READING - Approving the
partial abandonment of three (3) separate platted utility easements within the
Cortina PUD plat, as part of the Alta Cortina project development, located at
1100 Audace Avenue, in Boynton Village and Town Center. Applicant: Henry
Pino, ALTA Boynton LLC.
Attorney Cherof read proposed Ordinance No. 19-042 into the record by title only on the
first reading.
Motion
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Commissioner McCray moved to approve. Commissioner Penserga seconded the
motion.
Vice Mayor Katz stated the dog park, which exist in this area, adjacent to Renaissance
Common and Cortina, is in disrepair, this item give access to land to the people who are
not fulfilling their obligation to the City to maintain that park, this is a City park, but it is
their responsibility to maintain the park. This is a Property Owners Association, which
should maintain the property. The people who are running the park are a disgrace; plants
are dead, massive hole, at the end of the meeting he would like to have staff bring back
the language of the agreement to maintain that park. The same people who are building
are neglecting their responsibility.
Mayor Grant asked the City Manager if the City has any recourse, to have Community
Standards to look at the park and possibly site them. Ms. LaVerriere stated it would be
more of a legal remedy. This is a City park and would in essence the City would city itself.
Suggested going back to the maintenance agreements of the original transaction.
Mayor Grant inquired if the City maintenance agreements states they must fix it and
maintain it according to whose standard. Ms. LaVerriere replied according to the City
Standards. The developer is not doing that, the City staff has met with John Markey and
working on getting some representation on the board, of the CDD. They are working with
Attorney Cherof to see what legal remedy the City has.
Mayor Grant indicated the next step is to see if the funds could be given directly to the
City for maintenance of the park. Ms. LaVerriere replied this could be considered.
Clerk Gibson called the roll.
Vote
5-0
D. PROPOSED ORDINANCE 19-037 - SECOND READING - Approval of an
Ordinance of the city commission of the city of Boynton amending chapter 18,
pensions and retirement, of the code of ordinances to create a new article xi,
“deferred retirement option plan” providing for uniform deferred retirement
option plan benefits for all city employees; amending conflicting provision of
drop benefits contained in the general employee, fire and police pension plans;
providing for delayed implementation to accommodate collective bargaining or
waiver of bargaining.
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Motion
Commissioner McCray motion to remove from the item from the table. Commissioner
Penserga seconded the motion. The motion unanimously passed
Attorney Cherof read proposed Ordinance No. 19-037 into the record by title only on the
second reading.
Mayor Grant stated he was not going to vote against this, because they have already had
the police contract. He believes staff let the Commission down. Nothing has changed to
the DROP. Mayor Grant indicated some of the terms are ambiguous. He hope the next
time for bargaining agreement this can be revisited
Motion
Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion.
Clerk Gibson called the roll.
Vote
5-0
E. PROPOSED RESOLUTION NO. R19-142- Consent to the termination of the
Declaration of Protective Covenants of Quantum Park at Boynton Beach.
Mayor Grant read proposed Ordinance No. 19-142 into the record by title only on the first
reading.
Mayor Grant inquired as to what were the protected covenants.
Attorney Cherof stated these are the basic ground rules for managing the property, which
comprised of Quantum Park from its inception, dealing with issues regarding roads,
common area, drainage all of which were turn over to the City or the QPOD. The need
for those protected covenants are no longer necessary. The life expectancy of the
property owners association has ended.
Gary Maclin, Attorney for Quantum Park Property Owners Association, Tripp Scott 110
SE 6 Street. Indicated this association does not serve a purpose. The common areas
have been conveyed to the Quantum Park Overlay District and to his understanding to
the City of Boynton Beach. Currently the association only collects fees and conducts
articular reviews; it was a restrictive covenant would remove for the assessment to be
collected. It would create a more streamline situation.
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Major Grant asked what are the fees associated with the POA. Mr. Maclin explained
there was a previous board that had bloated management fees. The impetus was to
reduce the amount of fees.
Vice Mayor Katz stated he was in support of this item. The same people who were
defrauding people on the QPOD and the POA board are gone. He pointed out when new
members were elected on the POA the budget was slashed in half and almost eliminated.
This is the progression of getting rid of the ills.
Mr. Maclin indicated prior to going to the City Commission the association had gone to
the developers.
Mayor Grant we do not have the right to dissolved, we have the right to vote the shares.
Mr. Maclin stated the City of Boynton Beach are written into the POA documents, which
is extremely unusual.
Motion
Commissioner McCray moved to approve. Commissioner Penserga seconded the
motion.
Susan Oyer 140 SE 27th Way inquired if this area would be retained by the City and
would encompass the scrub area.
Vice Mayor Katz replied this has to do with QPOD.
Ms. Oyer indicated there are bald eagles in this area and wanted to make sure it is
protected.
Vote
The motion unanimously passed.
(Heard prior on the agenda)
F. PROPOSED RESOLUTION NO. R19-143 - Authorize the City Manager to
enter into a Purchase and Development Agreement between the City of
Boynton Beach and Habitat for Humanity of South Palm Beach County to
convey three (3) vacant lots in the Heart of Boynton, subject to final approval
by the City Attorney.
Mayor Grant read proposed Resolution No. 19-143 into the record on the first reading.
Motion
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Commissioner Romelus moved to approve. Commissioner McCray seconded the motion.
Vote
The motion unanimously passed.
13. FUTURE AGENDA ITEMS
A. Commission to discuss a legislative Priority List for the 2020 Legislative Session
Mat Forrest, City lobbyist, will be in attendance. – December 3, 2019.
B. City Manager Annual Evaluation. – December 3, 2019.
C. Quarterly Census update by Laura Lansburgh, Marketing Manager.
December 17, 2019
February 18, 2020
D. Commissioner Romelus has requested the City Commission consider approval of
the attached resolution opposing offshore drilling including seismic air gun blasting.
- December 3rd.
Vice Mayor Katz, requested clarification regarding items being placed on future agenda.
He stated the majority of Commissioners on the dais must agree for the item to be placed
on the agenda. Clarified no one has the authority to place anything on the future agenda
unless voted on. Asked if the item in question was voted on. Mayor Grant stated the
Commission did not vote on this item.
Mayor Grant asked how did this happen.
Commissioner Romelus replied this item emailed to her and she forwarded this
information to Mr. Colin Groff and the City Clerk and asked the Commission to have a
discussion. It was not she was trying to place it on the agenda. She would like to revisit
how items are placed on the agenda. There must be a better way to have items placed
on the agenda.
Ms. LaVerriere stated this was the reason the item was placed on the Future Agenda to
have the ability to discuss. Past discussions by the Commission was to bring it up under
agenda approval.
Mayor Grant stated the difference is that the resolution language should not have been
attached to the agenda item.
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Ms. LaVerriere indicated staff wanted the Commission to see if the item should be placed
on the agenda.
Commissioner McCray stated the way in which things were done are working. If an item
needs to go onto the agenda it should go to the City Manager. Commissioner McCray
said not to send to Colin Groff or the City Clerk.
Vice Mayor Katz stated if he wanted to place something on the agenda, then it is important
enough for him to remember. It could be weeks, but you cannot create a gray area. It
cannot be placed on the agenda, because it is already on the agenda. It is our individual
responsibilities, it is a system, which works well and protects all on the dais. They have
a rule in place, which works. It was a matter of bringing the item up at a meeting. He
does not want to open this door, and state they want something on the agenda.
Ms. LaVerriere stated in future, if a request is received, it would be handled under agenda
approval by the board. Spoke about options to place on the agenda.
Mayor Grant requested to place on the agenda the Metropolitan Planning Organization
(MPO), if the board would be a resolution for a vision zero city. The City does not want
anyone dying on the roads or sidewalks.
Motion
Commissioner Romelus moved to approve. Commissioner Penserga seconded the
motion.
Vice Mayor Katz stated he has growing concerns with resolutions placed on the agenda.
Mayor Grant asked if Vice Mayor Katz was afraid of having a conversation. Vice Mayor
Katz responded he was afraid of individual elected officials high jacking the agenda to
pursue their own personal political agenda. He does not want to see so many resolutions.
He does not want to vote on things, which is not relevant.
Commissioner Romelus requested clarification as where the line would be drawn
regarding when an item can be brought forward.
Vice Mayor Katz stated the Mayor is exercising his right to request an item to go onto the
agenda and he is exercising his requesting his right to oppose. He stated resolution in
his opinion has taken a political tinge that in some cases is not germane to the City.
Page 869 of 1829
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida November 5, 2019
43
Commissioner Romelus stated he is not opposing the process. Vice Mayor Katz stated
publicly he has a concern, he believed resolutions needs to be germane to municipal
activities.
Commissioner Penserga said the motion was about the road safety issue.
Ms. LaVerriere stated this item would be placed on the December 3rd meeting.
Vote
The motion unanimously passed.
Motion
Commissioner Romelus motioned to add to the Future Agenda a resolution opposing
offshore drilling including seismic air gun blasting. Commissioner Penserga seconded the
motion.
Vote
The motion unanimously passed.
Ms. LaVerriere stated the item would be placed on the December 3rd meeting.
Vice Mayor Katz requested approval for staff to bring back language regarding the land
swap. That led to the dog park creation and the rules, which govern the maintenance. If
the developers are not in compliance, what are the City’s options?
There was consensus.
15. ADJOURNMENT
Motion
There being no further business to discuss, Commissioner Romelus moved to adjourn.
Commissioner McCray seconded the motion.
Vote
The motion unanimously passed. The meeting adjourned at 11:15 p.m.
(continued on next page)
Page 870 of 1829
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida November 5, 2019
44
CITY OF BOYNTON BEACH
___________________________
Mayor - Steven B. Grant
___________________________
Vice Mayor – Justin Katz
__________________________
Commissioner - Mack McCray
___________________________
Commissioner – Christina Romelus
___________________________
Commissioner – Ty Penserga
ATTEST
_______________________________
Crystal Gibson, MMC
City Clerk
___________________________________
Queenester Nieves
Deputy City Clerk
Page 871 of 1829
7.A.
C ONS E NT B I D S A ND P URC HASES OV E R $100,000
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O PO SE D R E S O L U T IO N N O. R 19-156 -
Approve utilizing the C ity of C harlotte contrac t #2017001135 thru US Communities with Kompan, I nc., for
Town Square Adventure Park Equipment in the amount of $217,274.77 for the Museum Park area and
$461,201.94 for the Kapok Park area for a total estimated expenditure of $678,476.71 and authorize the City
Manager to sign a piggy -back Contract with K ompan, I nc. US Communities contract satisfies the City's
procurement requirements.
E X P L AN ATIO N O F R EQ U E S T:
The Town Square projec t includes two family ac tivity c enters that will be construc ted to replac e the Kids
Kingdom activity zone that reac hed the end of it's useful life and was removed to facilitate c onstruc tion of the
new facilities. The first area is behind the C hildren's Sc hoolhouse Museum and is designed for families with
0-5 y ear old children. The sec ond area is west of the C ultural Center and is designed for families with 5-12
year old children. The second area also inc ludes a fitness path with fitness equipment for all age adults. The
equipment in both areas are designed to be fully inclusive and educ ational along with creating a fun
experience. The park design was modeled after B oy nton Beach's history and environment and each activity
piece tells a story.
The installation of the equipment and ground protection along with all of the ac cess. Eac h piece of the large
equipment is a unique design whic h includes a long lead time for production so they need to be ordered so
they will be ready when the c ontrac tor is ready to install the equipment.
Staff is requesting approval to purc hase the equipment in the amount of $678,476.71 for Town Square to
Kompan Let’s Play, piggybac king the US Communities contract #2017001135. The U.S. Communities
contract satisfies the City 's procurement requirements.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
The new family ac tivity c enters will provide families a great place to both play and learn while enjoy ing all of
the new activities and events in downtown Boynton.
F IS C AL IMPAC T: Budgeted This project is budgeted in the Capital I mprovement Budget with the use of
surtax dollars (303 Fund).303-1214-580.62-01. S ubject to Budget Amendment approval.
ALT E R N ATIV E S: None.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
Page 872 of 1829
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant? No
G rant Amount:
C O N T R AC T S
V E N D O R N AME : Kompan I nc
S TAR T D ATE : 7/1/2017
E N D D ATE : 6/30/2022
C O N T R AC T VALU E:
MIN O R IT Y O W N E D C O N T R AC TO R?: No
E X T E N S IO N AVAIL AB L E?: Yes
E X T E N S IO N E X P L AN AT IO N:
O ption for two additional two (2) year extensions
AT TAC H ME N TS :
Type Desc ription
Resolution
Resolution approving piggy-bac k of City of
Charlotte with K ompan for Town Square
playground E quipment
Contract Contract with Kompan, I nc
Contract Kompan Contract - A ppendix A
Attachment Amendments to K ompan Contracts - Appendix A
Quotes Equipment Quotes
Page 873 of 1829
S:\CA\RESO\Agreements\Piggy-back - City of Charlotte with Kompan (Playground equipment for TS) - Reso.docx
RESOLUTION NO. R19- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3
APPROVING UTILIZING THE CITY OF CHARLOTTE, NORTH 4
CAROLINA CONTRACT WITH KOMPAN, INC., CONTRACT NO. 5
2017001135 FOR TOWN SQUARE ADVENTURE PARK 6
EQUIPMENT IN THE AMOUNT OF $217,274.77 FOR THE MUSEUM 7
PARK AREA AND $461,201.94 FOR THE KAPOK PARK AREA FOR 8
A TOTAL ESTIMATED EXPENDITURE OF $678,476.71; 9
AUTHORIZING THE CITY MANAGER TO SIGN A PIGGY-BACK 10
CONTRACT WITH KOMPAN, INC.; AND PROVIDING AN 11
EFFECTIVE DATE. 12
13
14
WHEREAS, the Town Square project includes two family activity centers that will be 15
constructed to replace the Kids Kingdom activity zone that reached the end of it’s useful life 16
and which was removed to facilitate construction of the new facilities; and 17
WHEREAS, the new family activity centers will provide families with a great place 18
to both play and learn while enjoying all of the new activities and events in downtown Boynton 19
Beach; and 20
WHEREAS, the City of Charlotte awarded Contract No. 2017001135 to Contractor 21
effective July 1, 2017 for a period of five (5) years with two (2) additional two-year terms; 22
and 23
WHEREAS, the City is granted permission to utilize this Contract by being a member 24
of the US Communities for Town Square Adventure Park Equipment in the amount of 25
$217,274.77 for the Museum Park area and $461,201.94 for the Kapok Park area for a total 26
estimated expenditure of $678,476.71 with pricing based on the City of Charlotte, North 27
Carolina Contract No. 2017001135. 28
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30
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Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 31
true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 32
Section 2. The City Commission of the City of Boynton Beach hereby approves 33
and authorizes the City Manager to sign a Piggy-Back Contract with Kompan, Inc., a copy of 34
which is attached hereto as Exhibit “A”, for the purchase of Town Square Adventure Park 35
Equipment in the amount of $217,274.77 for the Museum Park area and $461,201.94 for the 36
Kapok Park area for a total estimated expenditure of $678,476.71 at prices based on City of 37
Charlotte Contract No. 2017001135. 38
Section 3. That this Resolution shall become effective immediately upon passage. 39
PASSED AND ADOPTED this _____ day of December, 2019. 40
CITY OF BOYNTON BEACH, FLORIDA 41
42
YES NO 43
44
Mayor – Steven B. Grant _____ _____ 45
46
Vice Mayor – Justin Katz _____ _____ 47
48
Commissioner – Mack McCray _____ _____ 49
50
Commissioner – Christina L. Romelus _____ _____ 51
52
Commissioner – Ty Penserga _____ _____ 53
54
VOTE ______ 55
ATTEST: 56
57
58
_____________________________ 59
Crystal Gibson, MMC 60
City Clerk 61
62
63
(Corporate Seal) 64
65
Page 875 of 1829
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PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT CONTRACT
This Contract is made as of this ____ day of __________, 2019 by and between KOMPAN,
INC., a Foreign Corporation authorized to do business in the State of Florida, with principal offices
located at 605 W. Howard Lane, Ste. 101, Austin, TX 78753 (“Contractor”), and THE CITY OF
BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box
310, Boynton Beach, FL 33425 (the “City”).
RECITALS
WHEREAS, the playground equipment at The Town Square project includes two family
activity centers that will be constructed to replace the Kids Kingdom activity zon e; and
WHEREAS, the City of Charlotte awarded Contract No. 2017001135 to Contractor
effective July 1, 2017 for a period of five (5) years with two (2) additional two-year terms; and
WHEREAS, the City is granted permission to utilize this Contract by being a member of
the US Communities for $217,274.77 for the Museum Park area equipment and $461,201.94 for
the Kapok Park area equipment for a total estimated expenditure of $678,476.71 with pricing based
on the City of Charlotte, North Carolina Contract No. 2017001135.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
CONTRACT
Section 1. The foregoing recitals are true and correct and are hereby i ncorporated in this
Contract.
Section 2. The City and CONTRACTOR agree that CONTRACTOR shall provide
Museum Park area equipment for the amount of $217,274.77 and for Kapok Park area equipment
in the amount of $461,201.94 for a total estimated expenditure of $678,476.71 with pricing based
on the City of Charlotte, North Carolina Contract No. 2017001135, a copy of which is attached
hereto as Exhibit “A”, except as hereinafter provided:
A. All references to City of Charlotte, North Carolina, shall be deemed as references to the City of
Boynton Beach. Section 43.3, Governing Law and Jurisdiction shall be amended to state that
Venue for any litigation, interpretation or enforcement arising under this Contract must be in a
court of competent jurisdiction in Palm Beach County, Florida.
Page 876 of 1829
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B. Section 39, Notices. All Notices to the City shall be sent to:
City: Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
Copy : James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The following terms and conditions are hereby incorporated into the Contract:
Scrutinized Companies
By execution of this Contract, in accordance with the requirements of F.S. 287-135 and
F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel.
Contractor further certifies that Contractor is not on the Scrutinized Companies that
Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not
on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
has Contractor been engaged in business operations in Syria. Subject to limited exceptions
provided in state law, the City will not contract for the provision of goods or services with
any scrutinized company referred to above. Submitting a false certification shall be deemed
a material breach of contract. The City shall provide notice, in writing, to Contractor of the
City's determination concerning the false certification. Contractor shall have five (5) days
from receipt of notice to refute the false certification allegation. If such false certification
is discovered during the active Contract term, Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the determination
of false certification was made in error. If Contractor does not demonstrate that the City's
determination of false certification was made in error then the City shall have the right to
terminate the Contract and seek civil remedies pursuant to Section 287.135, Florida
Statutes, as amended from time to time.
D. Records shall be deleted in it’s entirety and replaced with the following:
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida’s Public Records Law. Specifically, the Contractor shall:
Page 877 of 1829
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1) Keep and maintain public records required by the CITY to perform the service;
2) Upon request from the CITY’s custodian of public records, provide the CITY with a copy of
the requested records or allow the records to be inspected or copied within a reasonabl e time
at a cost that does not exceed the cost 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 disclosure requirements are not disclosed except as authorized by law for the duration
of the Contract term and, following completion of the Contract, Contractor shall destroy all
copies of such confidential and exempt records remaining in its possession once the Contractor
transfers the records in its possession to the CITY; and
4) Upon completion of the Contract, Contractor shall transfer to the CITY, at no cost to the CITY,
all public records in Contractor’s possession All records stored electronically by Contractor
must be provided to the CITY, upon request from the CITY’s custodian of public records, in a
format that is compatible with the information technology systems of the CITY.
5) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CITY CLERK
3301 QUANTUM BLVD.
BOYNTON BEACH, FL, 33435.
561-742-6061.
CITYCLERK@BBFL.US
E. Section 9, Billing, is amended to state: The City of Boynton Beach is tax exempt.
Section 3. In the event that the City of Charlotte, North Carolina Contract is amended, or
terminated, CONTRACTOR shall notify the City within ten (10) days. In the event the City of
Charlotte, North Carolina Contract is amended or terminated prior to its expiration, this Contract
shall remain in full force and effect, and not be deemed amended or terminated, until specifically
amended or terminated by the parties hereto.
Section 4. CONTRACTOR agrees that in the event it enters into a Contract for the same
(or substantially similar) scope of services with another local government in Florida which contains
Page 878 of 1829
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a term or condition, including fees, charges or costs, which the City determines to be more
favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those
terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the City of Charlotte, North
Carolina Contract are hereby ratified and shall remain in full force and effect under this Contract,
as provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
By:_________________________________
___________________________________
Crystal Gibson, MMC, City Clerk
APPROVED AS TO FORM:
___________________________________
Lori LaVerriere, City Manager
James A. Cherof, City Attorney
WITNESSES:
KOMPAN, INC.
____________________________________ BY:_________________________________
Print Name: _______________________
____________________________________ Title: _________________________
ATTEST:
____________________________________
SECRETARY
Page 879 of 1829
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EXHIBIT A
CONTRACT BETWEEN CITY OF CHARLOTTE,
NORTH CAROLINA
AND KOMPAN, INC.
Page 880 of 1829
Contract No. 2017001135
Vendor No. 303668
1
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
CONTRACT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES,
SURFACING, AND RELATED PRODUCTS AND SERVICES
This Contract (the “Contract”) is entered into as of this 1st day of July 2017 (the “Effective
Date”), by and between Kompan, Inc. a corporation doing business in North Carolina (the
“Company”), and the City of Charlotte, a North Carolina municipal corporation (the "City").
RECITALS
WHEREAS, the City issued a Request For Proposals (RFP #269-2017-028) for Playground
Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and
Services dated January 25, 2017. This Request for Proposals together with all attachments and
addenda, is referred to herein as the “RFP”; and
WHEREAS, the Company submitted a Proposal in response to RFP #269-2017-028 on March
16, 2017. This Proposal, together with all attachments and separately sealed confidential trade
secrets, is referred to herein as the “Proposal” and incorporated into this contract by reference.
WHEREAS, the City awarded this Contract on May 8, 2017 to Company to provide Playground
Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and
Services to the City all in accordance with the terms and conditions set forth herein.
WHEREAS, the City of Charlotte, on behalf of itself and all states, local governments, school
districts, and higher education institutions in the United States of America, and other government
agencies and nonprofit organizations (herein “Participating Public Agencies”), competitively
solicited and awarded the Contract to the Company. The City has designated U.S. Communities
as the administrative and marketing conduit for the distribution of the Contract to Participating
Public Agencies.
The City is acting as the “Contracting Agent” for the Participating Public Agencies, and shall not
be liable or responsible for any costs, damages, liability or other obligations incurred by the
Participating Public Agencies. The Company (including its subsidiaries) shall deal directly with
each Participating Public Agency concerning the placement of orders, issuance of purchase
orders, contractual disputes, invoicing, payment and all other matters relating or referring to such
Participating Public Agency’s access to the Contract.
Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing
Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public
Agencies’ Master Agreements. Under the terms of the MICPA, the procurement by the
Participating Public Agency shall be construed to be in accordance with, and governed by, the
laws of the state in which the Participating Public Agency resides.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, and in further consideration of the covenants and representations
contained herein, the parties agree as follows:
CONTRACT
1. EXHIBITS.
Page 881 of 1829
Contract No. 2017001135
Vendor No. 303668
2
The Exhibits below are hereby incorporated into and made a part of this Contract. In
interpreting this Contract and resolving any ambiguities, the main body of this Contract will
take precedence over the Exhibits, and any inconsistency between the Exhibits will be
resolved in the order in which the Exhibits appear below. Each reference to Kompan in the
Exhibits and Appendices shall be deemed to mean the Company.
EXHIBIT A: Discount Schedule and Price Lists
EXHIBIT B: Installation Fees
EXHIBIT C: National Network of Distributors and Installers
EXHIBIT D: Freight Rate Schedules
EXHIBIT E: Product Warranties
EXHIBIT F: Scope of Services
EXHIBIT G: U.S. Communities Administrative Agreement
EXHIBIT H: Confidentiality Terms
2. DEFINITIONS.
As used in this Contract, the following terms shall have the meanings set forth below:
Acceptance: Refers to receipt and approval by the City of a Deliverable or
Service in accordance with the acceptance process and criteria in
this Contract.
Affiliates: Refers to all departments or units of the City and all other
governmental units, boards, committees or municipalities for
which the City processes data or performs Services.
Biodegradable: Refers to the ability of an item to be decomposed by bacteria or
other living organisms.
Charlotte Business Refers to the Charlotte Business Inclusion office of the City
Inclusion (CBI): of Charlotte.
Charlotte Combined Refers to the Charlotte-Gastonia-Salisbury Combined
Statistical Area (CSA): Statistical Area consisting of; (a) the North Carolina counties of
Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln,
Mecklenburg, Rowan, Stanly, and Union; and (b) the South
Carolina counties of Chester, Lancaster, and York; a criteria
used by Charlotte Business INClusion to determine eligibility to
participate in the program.
City: Refers to the City of Charlotte, North Carolina.
Company: Refers to a company that has been selected by the City to
provide the Products and Services of this Contract.
Company Project Refers to a specified Company employee representing the
Manager: best interests of the Company for this Project.
Contract: Refers to a written agreement executed by the City and Company
for all or part of the Services.
Page 882 of 1829
Contract No. 2017001135
Vendor No. 303668
3
Deliverables: Refers to all tasks, reports, information, designs, plans, and other
items that the Company is required to deliver to the City in
connection with the Contract.
Documentation: Refers to all written, electronic, or recorded works that describe
the use, functions, features, or purpose of the Deliverables or
Services or any component thereof, and which are provided to
the City by the Company or its subcontractors, including without
limitation all end user manuals, training manuals, guides,
program listings, data models, flow charts, and logic diagrams.
Environmentally Refers to Products that have a lesser or reduced effect on
Preferable Products: human health and the environment when compared with
competing Products that serves the same purpose. This
comparison may consider raw materials acquisition, production,
manufacturing, packaging, distribution, reuse, operation,
maintenance, or disposal of the product.
Lead Public Agency: Refers to the City of Charlotte, North Carolina.
Master Agreement: Refers to the Agreement that is made available by the Lead
Public Agency after the successful completion of the competitive
solicitation and selection process, wherein Participating Public
Agencies may utilize the agreement to purchase Products and
Services.
Minority Business
Enterprise/MBE: Refers to a business enterprise that: (a) is certified by the State of
North Carolina as a Historically Underutilized Business (HUB)
within the meaning of N.C. Gen. Stat. § 143-128.4; (b) is at least
fifty-one percent (51%) owned by one or more persons who are
members of one of the following groups: African American or
Black, Hispanic, Asian, Native American or American Indian;
and (c) is headquartered in the Charlotte Combined Statistical
Area.
MWSBE: Refers to SBEs, MBEs and WBEs, collectively.
Participating Public
Agency: Refers to all states, local governments, school districts, and
higher education institutions in the United States of American,
and other governmental agencies and nonprofit organizations
that elect to purchase Products and Services under the Master
Agreement.
Products: Refers to all Products that the Company agrees to provide to the
City as part this Contract.
Services: Refers to the Playground Equipment, Outdoor Fitness
Equipment, Surfacing, Site Accessories and Related Products
and Services as requested in this RFP.
Page 883 of 1829
Contract No. 2017001135
Vendor No. 303668
4
Specifications and Refers to all definitions, descriptions, requirements, criteria,
Requirements: warranties, and performance standards relating to the
Deliverables and Services that are set forth or referenced in: (i)
this RFP, including any addenda; (ii) the Documentation; and
(iii) any functional and/or technical specifications that are
published or provided by the Company or its licensors or
suppliers from time to time with respect to all or any part of the
Deliverables or Services.
3. TERM. The initial term of this Contract will be for five (5) years from the Effective Date
with an option to renew for two (2) additional two-year terms. This Contract may be extended
only by a written amendment to the contract signed by both parties.
4. AGREEMENT TO PROVIDE PRODUCTS AND SERVICES.
4.1 The Company shall provide the Products and Services in accordance with the terms
and conditions set forth in this Contract and the attached Exhibits when ordered from
time to time by the City. Except as set forth in Exhibit A, the prices set forth in
Exhibit A constitute all charges payable by the City for the Products and Services,
and all labor, materials, equipment, transportation, facilities, storage, information
technology, permits, and licenses necessary for the Company to provide the Products
and Services. The Company shall perform any Services for the City on site at the
City’s facilities in Charlotte, North Carolina, except as otherwise stated in this
Contract or agreed in writing by the City.
4.2 Placement of Orders: All orders will be placed by personnel designated by the City
on an as needed basis for the quantity required at the time during the term of the
Contract.
5. OPTIONAL PRODUCTS AND SERVICES. The City may in its discretion purchase from
the Company optional Products and Services beyond what is called for in the Specifications,
provided that such purchase does not create unfairness so as to defeat the purpose of the
Proposal statutes, and provided the City is authorized by law to make such purchases without
a formal Proposal process.
6. DOCUMENTATION. The Company will provide for all Products purchased under this
Contract written or electronic documentation that is complete and accurate, and sufficient to
enable City employees with ordinary skills and experience to utilize such Products for the
purpose for which the City is acquiring them.
7. COMPENSATION. The City shall pay the Company for the Products and Services
delivered in compliance with the specifications at the prices set forth in Exhibit A. This
amount constitutes the maximum fees and charges payable to the company in the aggregate
under this contract and will not be increased except by a written amendment duly executed by
both parties in compliance with the price adjustment provisions set forth in Exhibit A. The
Company shall not be entitled to charge the City any prices, fees or other amounts that are not
listed in Exhibit A.
8. PRICE ADJUSTMENTS.
8.1 The price(s) stated in this Contract shall not increase for the entire five-year term of
the Contract. The prices shall also not increase during the two (2), two-year renewal
Page 884 of 1829
Contract No. 2017001135
Vendor No. 303668
5
option terms unless the City approves a price adjustment in writing in accordance
with the following terms:
8.1.1 Price increases shall only be allowed when justified in the City’s sole
discretion based on legitimate, bona fide increases in the cost of materials
and in the cost of labor for Installation Services as set forth in Section 8.1.3
of this Contract. No adjustment shall be made to compensate the Company
for inefficiency in operation, increase in labor costs associated with the
manufacture of the Products, or for additional profit.
8.1.2 To obtain approval for a price increase, the Company shall submit a written
request to the Procurement Management Division representative, at the
address listed below, together with written documentation sufficient to
demonstrate that the increase is necessary based on a legitimate increase in
the cost of materials and Installation Services. The request must state and
fully justify the proposed price increase per unit or per installation over the
price originally proposed.
City of Charlotte
M&FS Finance Office / Procurement Management
600 East Fourth Street
Charlotte, NC 28202
8.1.3 Except as provided below, no proposed price increase shall be valid unless
accepted by the City in writing. The City may approve such price increase
for the remaining term of the Contract or for a shorter specified period, in the
City’s sole discretion. If the City rejects such price increase, the Company
shall continue performance of the Contract. Price adjustments, including
increases and decreases, shall be made for Installation Services in accordance
with the percentage change in the U.S. Department of Labor Producer Price
Index (PPI), Industry Group Construction – Item Code 2381-Foundation,
Structure, and Building Exterior Contractors if such percentage exceeds two
percent (2%). The percentage difference between the PPI issued for October,
2017, and the PPI issued for each October of the year of requested
adjustment will determine the maximum allowable adjustment of the original
Contract prices for Installation Services.
8.1.4 If the City approves a price increase pursuant to this Section and the market
factors justifying the increase shift so that the increase is no longer justified,
the City shall have the right to terminate the price increase and revert back to
the prices that were in effect immediately prior to the increase. The
Company shall notify the City in writing if the market factors on which the
City granted the increase change such that the City’s reasons for granting the
increase longer apply.
8.2 If the Company's unit prices for any Products and/or Services should decrease, the
Company shall provide the affected Products and/or Services at the lower
discounted price. The Company will provide the City with prompt written notice of
all decreases in unit prices.
8.3 If a Product becomes unavailable, or if a new Product becomes available, the
Company promptly will send the City a proposed revised version of Exhibit A.
The City reserves the right to add or delete items to this Contract if particular items
should become discontinued or an upgraded item becomes available to the industry
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market. Any new or replacement items added may be subject to Proposal statute
requirements. At no additional cost to the City, the Company may substitute any
Product or Service to be provided by the Company, if the substitute meets or
exceeds the Specifications, is compatible with the City’s operating environment
and is of equivalent or better quality to the City. Any substitution will be reflected
in a written signed change order.
9. BILLING. Each invoice sent by the Company shall include all reports, information and
data required by this Contract (including the Exhibits) necessary to entitle the Company to
the requested payment. The Company shall send one (1) copy only of each invoice using
one of the following options:
Option 1 – E-mail one copy of each invoice to cocap@charlottenc.gov . Company shall not
mail invoices that have been sent via e-mail.
Option 2 – Mail one copy of each invoice to:
City of Charlotte Accounts Payable
PO Box 37979
Charlotte, NC 28237-7979
Attn: (Insert Department)
The City is not tax exempt from sales tax. The Company shall include all applicable State
and County sales taxes on the invoice and not combined with the cost of the goods.
Payment of invoices shall be due within thirty (30) days after the City has received all of
the following: (a) an accurate, properly submitted invoice, (b) all reports due for the month
covered by the invoice; and (c) any other information reasonably requested by the City to
verify the charges contained in the invoice. Invoices must include state and local sales tax.
10. CONTRACT MONITORING. The City shall have the right to audit the Company’s
compliance with the terms and conditions of the Contract at such times as the City deems
appropriate. Unless the City elects to terminate the Contract, the Company shall develop a
written action plan to correct any Contract deficiency identified during these compliance
audits, and shall submit such plan to the City within thirty (30) days of notification of non-
compliance.
11. REPORTING. The Company shall provide such written reports of purchasing and
expenditures as may be requested by the City from time to time, including without
limitation any reports described in the Specifications.
12. AUDIT. During the term of the Contract and for a period of three (3) years after
termination or expiration of this Contract for any reason, the City shall have the right to
audit, either itself or through a third party, all books and records (including but not limited
to the technical records) and facilities of the Company necessary to evaluate Company’s
compliance with the terms and conditions of the Contract or the City’s payment
obligations. The City shall pay its own expenses, relating to such audits, but shall not have
to pay any expenses or additional costs of the Company. However, if non-compliance is
found that would have cost the City in excess of $5,000 but for the audit, then the Company
shall be required to reimburse the City for the cost of the audit.
13. GENERAL WARRANTIES. Company represents and warrants that:
13.1 It is a corporation duly incorporated, validly existing and in good standing under the
laws of the state of Washington, and is qualified to do business in North Carolina;
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13.2 It has all the requisite corporate power and authority to execute, deliver and perform
its obligations under this Contract;
13.3 The execution, delivery, and performance of this Contract have been duly authorized
by Company;
13.4 No approval, authorization or consent of any governmental or regulatory authority is
required to be obtained or made by it in order for it to enter into and perform its
obligations under this Contract;
13.5 In connection with its obligations under this Contract, it shall comply with all
applicable federal, state and local laws and regulations and shall obtain all applicable
permits and licenses; and
13.6 The Company shall not violate any agreement with any third party by entering into or
performing this Contract.
14. ADDITIONAL REPRESENTATIONS AND WARRANTIES. Company represents
warrants and covenants that:
14.1 The Products and Services shall comply with all requirements set forth in this
Contract, including but not limited to the attached Exhibits;
14.2 All work performed by the Company and/or its subcontractors pursuant to this
Contract shall meet industry accepted standards, and shall be performed in a
professional and workmanlike manner by staff with the necessary skills, experience
and knowledge;
14.3 Neither the Services, nor any Products provided by the Company under this Contract
will infringe or misappropriate any patent, copyright, trademark or trade secret rights
of any third party; and
14.4 The Company and each of its subcontractors have complied and shall comply in all
material respects with all applicable federal, state and local laws, regulations and
guidelines relating to the performance of this Contract or to the Products and Services
delivered hereunder, including but not limited to E-Verify, and shall obtain all
applicable verifications, permits, and licenses.
15. COMPLIANCE WITH LAWS. All Products and Services delivered under this Contract
shall be in compliance with all applicable federal, state and local laws, regulations and
ordinances. In performing the Contract, the Company shall obtain and maintain all licenses
and permits, and comply with all federal, state and local laws, regulations and ordinances.
16. DELIVERY TIME. When delivery time is requested in the RFP, (whether in the form of
a specific delivery date or maximum number of days for delivery) time is of the essence.
The Company’s Proposal shall be deemed a binding commitment of the Company to meet
the delivery time stated herein unless the Proposal specifically takes exception. If such
delivery time is not met, the City shall be entitled to terminate the Contract immediately for
default and/or exercise any other remedies available at law or in equity.
17. QUALITY. Unless this Contract specifically states otherwise for a particular item, all
components used to manufacture or construct any supplies, materials or equipment or
Products provided under this Contract shall be: (a) new; (b) the latest model; (c) of the best
quality and high-grade workmanship; and (d) in compliance with all applicable federal,
state and local laws, regulations and requirements. By “new”, the City means that the item
has been recently produced and has not been previously sold or used.
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Whenever this Contract states that a Product or Service shall be in accordance with laws,
ordinances, building codes, underwriter’s codes, applicable A.S.T.M. regulations or similar
expressions, the requirements of such laws, ordinances, etc., shall be construed to be
minimum requirements that are in addition to any other requirements that may be stated in
this Contract.
18. DESIGN AND/OR MANUFACTURER REQUIREMENT. All Products and Services
shall meet the Specifications set forth in Section 4 of the RFP.
19. INSPECTION AT COMPANY’S SITE. The City reserves the right to inspect the
equipment, plant, store or other facilities of the Company during the Contract term from
time to time as the City deems necessary to confirm that such equipment, plant, store or
other facilities conform with the Specifications and are adequate and suitable for proper and
effective performance of the Contract. Such inspections shall be conducted during normal
business hours and upon at least three (3) days’ notice to the Company (except that a store
may be inspected at any time during regular store hours without notice).
20. PREPARATION FOR DELIVERY.
20.1 Condition and Packaging. All containers/packaging shall be suitable for handling,
storage or shipment, without damage to the contents. The Company shall make
shipments using the minimum number of containers consistent with the
requirements of safe transit, available mode of transportation routing. The
Company will be responsible for confirming that packing is sufficient to assure that
all the materials arrive at the correct destination in an undamaged condition ready
for their intended use.
20.2 Marking. All cartons shall be clearly identified with the City purchase order number
and the name of the department making the purchase. Packing lists must be affixed
to each carton identifying all contents included in the carton. If more than one
carton is shipped, each carton must be numbered and must state the number of that
carton in relation to the total number of cartons shipped (i.e. 1 of 4, 2 of 4, etc).
20.3 Shipping. The Company shall follow all shipping instructions included in the RFP,
the City’s purchase order or in the Contract.
21. ACCEPTANCE OF PRODUCTS/SERVICES. The Products delivered under this
Contract shall remain the property of the Company until the City physically inspects,
actually uses and accepts the Products. In the event Products provided to the City do not
comply with the Contract, the City shall be entitled to terminate the Contract upon written
notice to the Company and return such Products (and any related goods) to the Company at
the Company’s expense. In the event the Services provided under this Contract do not
comply with the Contract, the City reserves the right to cancel the Service and rescind any
related purchase of Products upon written notice to the Company. The remedies stated in
this Section are in addition to and without limitation of any other remedies that the City
may have under the Contract, at law or in equity.
22. GUARANTEE. Unless otherwise specified by the City, the Company guarantees the
materials and workmanship on all Products and Services for the guarantee period
associated with a specific product or services, as specified in Company documentation and
quotation. If, within the guarantee period any defects occur due to a faulty Product or
Services (including without limitation a failure to comply with the Specifications), the
Company at its expense, shall repair or adjust the condition, or replace the Product and/or
Services to the complete satisfaction of the City. These repairs, replacements or
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adjustments shall be made only at such time as will be designated by the City to ensure the
least impact to the operation of City business.
23. NO LIENS. All Products shall be delivered and shall remain free and clear of all liens and
encumbrances.
24. MANUFACTURER OR DEALER ADVERTISEMENT. No manufacturer or dealer
shall advertise on Products delivered to the City without prior approval by the City.
25. RIGHT TO COVER. If the Company fails to comply with any term or condition of the
Contract or the Company’s response to the RFP, the City may take any of the following
actions with or without terminating the Contract, and in addition to and without limiting
any other remedies it may have:
(A) Employ such means as it may deem advisable and appropriate to obtain the
applicable Products and/or Services (or reasonable substitutes) from a third party;
and
(B) Recover from the Company the difference between what the City paid for such
Products and/or Services on the open market and the price of such Products
and/or Services under the Contract or the Company’s response to the RFP.
26. RIGHT TO WITHHOLD PAYMENT. If Company breaches any provision of the
Contract the City shall have the right to withhold all payments related to the breach due to
the Company until such breach has been fully cured.
27. OTHER REMEDIES. Upon breach of the Contract, each party may seek all legal and
equitable remedies to which it is entitled. The remedies set forth herein shall be deemed
cumulative and not exclusive and may be exercised successively or concurrently, in
addition to any other available remedy.
28. TERMINATION.
28.1 TERMINATION WITHOUT CAUSE. The City may terminate this Contract at any
time without cause by giving sixty (60) days written notice to the Company. The
Company may terminate this Contract at any time without cause by giving one
hundred and eighty (180) days written notice to the City.
28.2 TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to
the other party, either party may terminate this Contract upon the occurrence of one
or more of the following events:
28.2.1 The other party violates or fails to perform any covenant, provision,
obligation, term or condition contained in this Contract, provided that,
unless otherwise stated in this Contract, such failure or violation shall not be
cause for termination if both of the following conditions are satisfied: (i)
such default is reasonably susceptible to cure; and (ii) the other party cures
such default within thirty (30) days of receipt of written notice of default
from the non-defaulting party; or
28.2.2 The other party attempts to assign, terminate or cancel this Contract
contrary to the terms hereof; or
28.2.3 The other party ceases to do business as a going concern, makes an
assignment for the benefit of creditors, admits in writing its inability to pay
debts as they become due, files a petition in bankruptcy or has an
involuntary bankruptcy petition filed against it (except in connection with a
reorganization under which the business of such party is continued and
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performance of all its obligations under this Contract shall continue), or if a
receiver, trustee or liquidator is appointed for it or any substantial part of
other party’s assets or properties.
Any notice of default pursuant to this Section shall identify and state the
party’s intent to terminate this Contract if the default is not cured within the
specified period.
28.3 ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By
giving written notice to the Company, the City may also terminate this Contract upon
the occurrence of one or more of the following events (which shall each constitute
grounds for termination without a cure period and without the occurrence of any of
the other events of default previously listed):
28.3.1 The Company makes or allows to be made any material written
misrepresentation or provides any materially misleading written information
in connection with this Contract, Company’s Proposal, or any covenant,
agreement, obligation, term or condition contained in this Contract; or
28.3.2 The Company takes or fails to take any action which constitutes grounds for
immediate termination under the terms of this Contract, including but not
limited to failure to obtain or maintain the insurance policies and
endorsements as required by this Contract, or failure to provide the proof of
insurance as required by this Contract.
28.4 NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of
the Contract shall not relieve the Company of the obligation to pay any fees, taxes or
other charges then due to the City, nor relieve the Company of the obligation to file
any daily, monthly, quarterly or annual reports covering the period to termination nor
relieve the Company from any claim for damages previously accrued or then
accruing against the Company.
28.5 OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or
termination of this Contract, the Company shall promptly (a) return to the City all
computer programs, files, documentation, data, media, related material and any other
recording devices, information, or compact discs that are owned by the City; (b)
provide the City with sufficient data necessary to migrate to a new vendor, or allow
the City or a new vendor access to the systems, software, infrastructure, or processes
of the Company that are necessary to migrate to a new vendor; and (c) refund to the
City all pre-paid sums for Products or Services that have been cancelled and will not
be delivered.
28.6 NO SUSPENSION. In the event that the City disputes in good faith an allegation of
default by the Company, notwithstanding anything to the contrary in this Contract,
the Company agrees that it will not terminate this Contract or suspend or limit the
delivery of Products or Services or any warranties or repossess, disable or render
unusable any Software supplied by the Company, unless (i) the parties agree in
writing, or (ii) an order of a court of competent jurisdiction determines otherwise.
28.7 AUTHORITY TO TERMINATE. The City Manager or their designee is authorized
to terminate this Contract on behalf of the City.
28.8 TRANSITION SERVICES UPON TERMINATION. Upon termination or expiration
of this Contract, the Company shall cooperate with the City to assist with the orderly
transfer of the Products, Services, functions and operations provided by the Company
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hereunder to another provider or to the City as determined by the City in its sole
discretion. The transition services that the Company shall perform if requested by
the City include but are not limited to:
28.8.1 Working with the City to jointly develop a mutually agreed upon transition
services plan to facilitate the termination of the Services; and
28.8.2 Notifying all affected vendors and subcontractors of the Company of
transition activities;
28.8.3 Performing the transition service plan activities;
28.8.4 Answering questions regarding the Products and Services on an as-needed
basis; and
28.8.5 Providing such other reasonable Services needed to effectuate an orderly
transition to a new system.
29. NO DELAY DAMAGES. Under no circumstances shall the City be liable to the
Company for any damages arising from delay in performance for reasons other than a
Force Majeure Event.
30. MULTIPLE CONTRACT AWARDS. This Contract is not exclusive. The City reserves
the right to award multiple contracts for the Products and Services required by this Contract
if the City deems multiple Contracts to be in the City’s best interest.
31. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this
Contract is solely that of independent contractors, and nothing contained in this Contract
shall be construed to (i) give any party the power to direct or control the day-to-day
activities of the other; (ii) constitute such parties as partners, joint ventures, co-owners or
otherwise as participants in a joint or common undertaking; (iii) make either party an agent
of the other for any purpose whatsoever, or (iv) give either party the authority to act for,
bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein
shall be deemed to eliminate any fiduciary duty on the part of the Company to the City that
may arise under law or under the terms of this Contract.
32. INDEMNIFICATION. To the fullest extent permitted by law, the Company shall
indemnify, defend and hold harmless each of the “Indemnitees” (as defined below) from
and against any and all “Charges” (as defined below) paid or incurred any of them as a
result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation,
misappropriation or infringement of any copyright, trademark, patent, trade secret or other
proprietary rights with respect to the Work or any Products or deliverables provided to the
City pursuant to this Contract (“Infringement Claims”); (ii) seeking payment for labor or
materials purchased or supplied by the Company or its subcontractors in connection with
this Contract; or (iii) arising from the Company’s failure to perform its obligations under
this Contract, or from any act of negligence or willful misconduct by the Company or any
of its agents, employees or subcontractors relating to this Contract, including but not
limited to any liability caused by an accident or other occurrence resulting in bodily injury,
death, sickness or disease to any person(s) or damage or destruction to any property, real or
personal, tangible or intangible; or (iv) arising from a violation of any federal, state or
local law, regulation or ordinance by the Company or any its subcontractors (including
without limitation E-Verify or other immigration laws); or (v) arising from any claim that
the Company or an employee or subcontractor of the Company is an employee of the City,
including but not limited to claims relating to worker’s compensation, failure to withhold
taxes and the like. For purposes of this Section: (a) the term “Indemnitees” means the City
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and each of the City’s officers, officials, employees, agents and independent contractors
(excluding the Company); and (b) the term “Charges” means any and all losses, damages,
costs, expenses (including reasonable attorneys’ fees), obligations, duties, fines, penalties,
royalties, interest charges and other liabilities (including settlement amounts) or any other
legal theory or principle, in connection with an Infringement Claim.
33. INSURANCE. Throughout the term of the Contract, the Company shall comply with the
insurance requirements described in this Section. In the event the Company fails to procure
and maintain each type of insurance required by this Section, or in the event the Company
fails to provide the City with the required certificates of insurance, the City shall be entitled
to terminate the Contract immediately upon written notice to the Company.
The Company agrees to purchase and maintain the following insurance coverage during the
life of the Contract with an insurance company acceptable to the City of Charlotte,
authorized to do business in the State of North Carolina:
(A) Automobile Liability: Bodily injury and property damage liability covering all
owned, non-owned, and hired automobiles for limits of not less than $1,000,000
bodily injury each person, each accident; and, $1,000,000 property damage, or
$1,000,000 combined single limit each occurrence/aggregate.
(B) Commercial General Liability: Bodily injury and property damage liability as
shall protect the Company and any subcontractor performing work under the
Contract from claims of bodily injury or property damage which arise from
performance of the Contract, whether such work is performed by the Company,
any subcontractor or anyone directly or indirectly employed by either. The
amounts of such insurance shall not be less than $1,000,000 bodily injury each
occurrence/aggregate and $1,000,000 property damage each
occurrence/aggregate or $1,000,000 bodily injury and property damage combined
single limits each occurrence/aggregate. This insurance shall include coverage
for Products, Services, completed operations, personal injury liability and
contractual liability assumed under the indemnity provision of the Contract.
(C) Workers’ Compensation: Meeting the statutory requirements of the State of
North Carolina and Employers Liability - $100,000 per accident limit, $500,000
disease per policy limit, $100,000 disease each employee limit, providing
coverage for employees and owners.
The City shall be named as additional insured under the commercial general liability
insurance for operations or Services rendered under this Contract. The Company’s
insurance shall be primary of any self-funding and/or insurance otherwise carried by the
City for all loss or damages arising from the Consultant’s operations under this agreement.
The Company and each of its subcontractors shall and does waive all rights of subrogation
against the City and each of the Indemnitees, as defined in Section 32.
The Company shall not commence any work in connection with the Contract until it has
obtained all of the types of insurance set forth in this Form, and such insurance has been
approved by the City. The Company shall not allow any subcontractor to commence work
on its subcontract until all similar insurance required of the subcontractor has been obtained
and approved.
All insurance policies shall be with insurers qualified and doing business in North Carolina
recognized by the Secretary of State and the Insurance Commissioner’s Office. The
Company shall furnish the City with proof of insurance coverage by certificates of
insurance accompanying the Contract.
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All insurance certificates must include the City of Charlotte’s contract number in the
description field.
The City shall be exempt from, and in no way liable for any sums of money that may
represent a deductible in any insurance policy. The payment of such deductible shall be the
sole responsibility of the Company and/or subcontractor providing such insurance.
34. COMMERCIAL NON-DISCRIMINATION.
As a condition of entering into this Contract, the Company represents and warrants that it
will fully comply with the City's Commercial Non-Discrimination Policy, as described in
Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of
any arbitration conducted thereunder. As part of such compliance, the Company shall not
discriminate on the basis of race, gender, religion, national origin, ethnicity, age or
disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or
suppliers in connection with a City contract or contract solicitation process, nor shall the
Company retaliate against any person or entity for reporting instances of such
discrimination. The Company shall provide equal opportunity for subcontractors, vendors
and suppliers to participate in all of its subcontracting and supply opportunities on City
contracts, provided that nothing contained in this clause shall prohibit or limit otherwise
lawful efforts to remedy the effects of marketplace discrimination that has occurred or is
occurring in the marketplace. The Company understands and agrees that a violation of this
clause shall be considered a material breach of this Contract and may result in termination
of this Contract, disqualification of the Company from participating in City contracts or
other sanctions.
As a condition of entering into this Contract, the Company agrees to: (a) promptly provide
to the City in a format specified by the City all information and documentation that may be
requested by the City from time to time regarding the solicitation, selection, treatment and
payment of subcontractors in connection with this Contract; and (b) if requested, provide to
the City within sixty (60) days after the request a truthful and complete list of the names of
all subcontractors, vendors, and suppliers that the Company has used on City contracts in
the past five (5) years, including the total dollar amount paid by the Company on each
subcontract or supply contract. The Company further agrees to fully cooperate in any
investigation conducted by the City pursuant to the City’s Non-Discrimination Policy, to
provide any documents relevant to such investigation that are requested by the City, and to
be bound by the award of any arbitration conducted under such Policy.
The Company agrees to provide to the City from time to time on the City’s request,
payment affidavits detailing the amounts paid by the Company to subcontractors and
suppliers in connection with this Contract within a certain period of time. Such affidavits
shall be in the format specified by the City from time to time
The Company understands and agrees that violation of this Commercial Non-
Discrimination provision shall be considered a material breach of this Contract and may
result in contract termination, disqualification of the Company from participating in City
contracts and other sanctions.
35. COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as
confidential information all data provided by the City in connection with this agreement.
City data processed by the Company shall remain the exclusive property of the City. The
Company will not reproduce, copy, duplicate, disclose, or in any way treat the data
supplied by the City in any manner except that contemplated by this agreement.
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36. WORK ON CITY’S PREMISES. The Company will ensure that its employees and
agents shall, whenever on the City’s premises, obey all instructions and directions issued by
the City’s project manager with respect to work on the City’s premises. The Company
agrees that its personnel and the personnel of its subcontractors will comply with all rules,
regulations and security procedures of the City when on the City’s premises.
37. BACKGROUND CHECKS. The Company agrees that it has conducted or will conduct
background checks on all personnel who will be working at the Charlotte service facility or
delivering Products or Services under the Contract. The Company will conduct such
background checks prior to the personnel commencing work hereunder, whether as part of
the Company’s standard pre-employment screening practices or otherwise. The Company
will complete a background check on an annual basis for each person working at the
Charlotte facility. Background check will include at a minimum:
a. Criminal records search,
b. Identification verification; and
c. Proof of authorization to work in the United States.
The Company agrees if any personnel does not meet the background qualifications, he/she
shall not be assigned to perform Services under this Contract. The Company will notify the
City immediately if a background check reveals any conviction(s). If there is any question
as to whether any personnel meets the background qualifications, prior to assignment of
any Services under this Contract, the Company shall contact the City immediately.
38. DRUG-FREE WORKPLACE. The City is a drug-free workplace employer. The
Company hereby certifies that it has or it will within thirty (30) days after execution of this
Contract:
38.1 Notify employees that the unlawful manufacture, distribution, dispensation,
possession, or use of controlled substance is prohibited in the workplace and
specifying actions that will be taken for violations of such prohibition;
38.2 Establish a drug-free awareness program to inform employees about (i) the dangers
of drug abuse in the workplace, (ii) the Company’s policy of maintaining a drug-free
workplace, (iii) any available drug counseling, rehabilitation, and employee
assistance programs, and (iv) the penalties that may be imposed upon employees for
drug abuse violations;
38.3 Notify each employee that as a condition of employment, the employee will (i)
aProposale by the terms of the prohibition outlined above, and (ii) notify the
Company of any criminal drug statute conviction for a violation occurring in the
workplace not later than five days after such conviction;
38.4 Impose a sanction on, or requiring the satisfactory participation in a drug counseling,
rehabilitation or abuse program by an employee convicted of a drug crime;
38.5 Make a good faith effort to continue to maintain a drug-free workplace for
employees; and
38.6 Require any party to which it subcontracts any portion of the work under the contract
to comply with the provisions of this Section.
A false certification or the failure to comply with the above drug-free workplace
requirements during the performance of this Contract shall be ground for suspension,
termination or debarment.
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39. NOTICES. Any notice, consent or other communication required or contemplated by this
Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight
courier, by electronic mail or by telefax to the intended recipient at the address set forth
below. Notice shall be effective upon the date of receipt by the intended recipient;
provided that any notice which is sent by telefax or electronic mail shall also be
simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier.
Each party may change its address for notification purposes by giving the other party
written notice of the new address and the date upon which it shall become effective.
Communications that relate to any breach, default, termination, delay in performance,
prevention of performance, modification, extension, amendment, or waiver of any
provision of this Contract shall be sent to:
For The Company: For The City:
Kerrin Smith Karen Ewing
Kompan, Inc. Procurement Management Division
821 Grand Avenue Parkway 600 East Fourth Street
Pflugerville, TX 78660 Charlotte, NC 28202
Phone: 888.579.8223 Phone: 704.336.2992
Fax: 888.579.8224 Fax: 704.632.8254
E-mail: kersmi@kompan.com E-mail: kewing@charlottenc.gov
With Copy To: With Copy To:
Cindy White
Senior Assistant City Attorney
600 East Fourth Street
Charlotte, NC 28202
Phone: 704-336-3012
Fax: 704-336-8854
E-mail: cwhite@ci.charlotte.nc.us
All other notices shall be sent to the other party’s Project Manager at the most recent
address provided in writing by the other party.
40. SUBCONTRACTING. The Company shall not subcontract any of its obligations under
this Contract without the City’s prior written consent. In the event the City does consent in
writing to a subcontracting arrangement, Company shall be the prime contractor and shall
remain fully responsible for performance of all obligations which it is required to perform
under this Contract. Any subcontract entered into by Company shall name the City as a
third party beneficiary.
41. FORCE MAJEURE. Neither party shall be liable for any failure or delay in the
performance of its obligations pursuant to the Contract, and such failure or delay shall not
be deemed a default of the Contract or grounds for termination hereunder if all of the
following conditions are satisfied:
If such failure or delay:
A. Could not have been prevented by reasonable precaution;
B. Cannot reasonably be circumvented by the non-performing party through the use of
alternate sources, work-around plans, or other means; and
C. If, and to the extent, such failure or delay is caused, directly or indirectly, by fire, flood,
earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots,
civil disorders, rebellions or revolutions or court order.
Page 895 of 1829
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Vendor No. 303668
16
An event that satisfies all of the conditions set forth above shall be referred to as a “Force
Majeure Event.” Upon the occurrence of a Force Majeure Event, the affected party shall be
excused from any further performance of those of its obligations which are affected by the
Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the
affected party continues to use reasonable efforts to recommence performance whenever
and to whatever extent possible without delay.
Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the
other by telephone (to be confirmed by written notice within five (5) days of the inception
of the failure or delay) of the occurrence of a Force Majeure Event and shall describe in
reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event
prevents the Company from performing its obligations for more than fifteen (15) days, the
City shall have the right to terminate the Contract by written notice to the Company.
Notwithstanding anything contained herein to the contrary, strikes, slow-downs, walkouts,
lockouts, and industrial disputes of the Company or its subcontractors shall not constitute
“Force Majeure Events” and are not excused under this provision. Nothing in the preceding
Force Majeure provisions shall relieve the successful Company of any obligation it may
have regarding disaster recovery, whether under the Contract or at law.
42. CONFIDENTIALITY. Each party shall adhere to the Confidentiality Terms stated in
Exhibit H of this Contract.
43. MISCELLANEOUS.
43.1 ENTIRE AGREEMENT. This Contract, including all Exhibits and Attachments
constitute the entire agreement between the parties with respect to the subject matter
herein. There are no other representations, understandings, or agreements between
the parties with respect to such subject matter. This Contract supersedes all prior
agreements, negotiations, representations and proposals, written or oral.
Notwithstanding the forgoing, the parties agree that the RFP and the Proposal are
relevant in resolving any ambiguities that may exist with respect to the language of
this Contract
43.2 AMENDMENT. No amendment or change to this Contract shall be valid unless in
writing and signed by the party against whom enforcement is sought. Amendments
that involve or increase in the amounts payable by the City may require execution by
a Department Director, the City Manager, or an Assistant City Manager; depending
on the amount. Some increases may also require approval by City Council.
43.3 GOVERNING LAW AND JURISDICTION. North Carolina law shall govern the
interpretation and enforcement of this Contract, and any other matters relating to this
Contract (all without regard to North Carolina conflicts of law principles). All legal
actions or other proceedings relating to this Contract shall be brought in a state or
federal court sitting in Mecklenburg County, North Carolina. By execution of this
Contract, the parties submit to the jurisdiction of such courts and hereby irrevocably
waive any and all objections which they may have with respect to venue in any court
sitting in Mecklenburg County, North Carolina.
43.4 BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties and
their successors and permitted assigns. Neither party may assign this Contract
without the prior written consent of the other. Any assignment attempted without the
written consent of the other party shall be void. For purposes of this Section, a
Change in Control, as defined in Section 43.8 constitutes an assignment.
Page 896 of 1829
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Vendor No. 303668
17
43.5 SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses or
sections contained in this Contract or the Exhibits shall not affect the validity of the
remaining portion of this Contract or Exhibits so long as the material purposes of this
Contract can be determined and effectuated. If any provision of this Contract or
Exhibit is held to be unenforceable, then both parties shall be relieved of all
obligations arising under such provision, but only to the extent that such provision is
unenforceable, and this Contract shall be deemed amended by modifying such
provision to the extent necessary to make it enforceable while preserving its intent.
43.6 NO PUBLICITY. No advertising, sales promotion or other materials of the
Company or its agents or representations may identify or reference this Contract or
the City in any manner without the prior written consent of the City.
Notwithstanding the forgoing, the parties agree that the Company may list the City as
a reference in responses to requests for proposals, and may identify the City as a
customer in presentations to potential customers.
43.7 WAIVER. No delay or omission by either party to exercise any right or power it has
under this Contract shall impair or be construed as a waiver of such right or power.
A waiver by either party of any covenant or breach of this Contract shall not
constitute or operate as a waiver of any succeeding breach of that covenant or of any
other covenant. No waiver of any provision of this Contract shall be effective unless
in writing and signed by the party waiving the rights.
43.8 CHANGE IN CONTROL. In the event of a change in “Control” of the Company (as
defined below), the City shall have the option of terminating this Contract by written
notice to the Company. The Company shall notify the City within ten (10) days of
the occurrence of a change in control. As used in this Contract, the term “Control”
shall mean the possession, direct or indirect, of either (i) the ownership of or ability
to direct the voting of, as the case may be fifty-one percent (51%) or more of the
equity interests, value or voting power in the Company or (ii) the power to direct or
cause the direction of the management and policies of the Company whether through
the ownership of voting securities, by contract or otherwise.
43.9 NO BRIBERY. The Company certifies that neither it, any of its affiliates or
subcontractors, nor any employees of any of the forgoing has bribed or attempted to
bribe an officer or employee of the City in connection with this Contract.
43.10 FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The
Company agrees to make itself aware of and comply with all local, state and federal
ordinances, statutes, laws, rules and regulations applicable to the Services. The
Company further agrees that it will at all times during the term of this Contract be in
compliance with all applicable federal, state and/or local laws regarding employment
practices. Such laws will include, but shall not be limited to workers’ compensation,
the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA),
the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to
the work.
43.11 TAXES. The Company shall pay all applicable federal, state and local taxes which
may be chargeable against the Products and/or Services.
Page 897 of 1829
Contract No. 2017001135
Vendor No. 303668
18
43.12 SURVIVAL OF PROVISIONS: Those Sections of the Contract and the Exhibits,
which by their nature would reasonably be expected to continue after the termination
of the Contract shall survive the termination of the Contract, including but not limited
to the following:
Section 3 “Term”
Section 12 “Audit”
Section 13 “General Warranties”
Section 14 “Additional Representations and Warranties”
Section 22 “Guarantee”
Section 27 “Other Remedies”
Section 28 “Termination”
Section 32 “Indemnification”
Section 33 “Insurance”
Section 39 “Notices”
Section 42 “Confidentiality”
Section 43 “Miscellaneous”
43.13 NON-APPROPRIATION OF FUNDS. If City Council does not appropriate the
funding needed by the City to make payments under this Contract for a given fiscal
year, the City will not be obligated to pay amounts due beyond the end of the last
fiscal year for which funds were appropriated. In such event, the City will promptly
notify the Company of the non-appropriation and this Contract will be terminated
at the end of the last fiscal year for which funds were appropriated. No act or
omission by the City, which is attributable to non-appropriation of funds shall
constitute a breach of or default under this Contract.
43.14 E-VERIFY. Company shall comply with the requirements of Article 2 of Chapter
64 of the North Carolina General Statutes, and shall require each of its
subcontractors to do so as well.
43.15 IRAN DIVESTMENT ACT. Company certifies that: (i) it is not identified on the
Final Divestment List or any other list of prohibited investments created by the NC
State Treasurer pursuant to N.C.G.S. 147-86.58; (ii) it will not take any action
causing it to appear on any such list during the term of this Contract; and (iii) it will
not utilize any subcontractor that is identified on any such list to provide goods or
Services hereunder.
43.16 PRE-AUDIT. No pre-audit certificate is required under N.C. Gen. Stat. 159-28(a)
because this Contract is for an indefinite quantity with no minimum purchase
requirement. Notwithstanding anything contained herein to the contrary, this
Contract does not require the City to purchase a single Product or service, and a
decision by the City to not make any purchase hereunder will violate neither this
Contract nor any implied duty of good faith and fair dealing. The City has no
Page 898 of 1829
Contract No. 2017001135
Vendor No. 303668
19
financial obligation under this Contract absent the City’s execution of a valid and
binding purchase order or contract addendum containing a pre-audit certificate.”
43.17 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract, the Company agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, Part 200 – Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards
contained in Title 2 C.F. R. § 200 et seq.
43.18 COUNTERPARTS.
This Contract may be executed in any number of counterparts, all of which taken
together shall constitute one single agreement between the parties.
[Signature Page Follows]
Page 899 of 1829
Page 900 of 1829
Shelter Price List #3000-2017
3/8/2017 4 OF 4
Item No.Description Diameter Price
SII-8032D-MR29
Steel Frame, 8000 Series, Double Tier Hexagonal, with
Metal Roof and Tongue & Groove Roof Decking 32'$27,272
SII-8516P Pittsburgh, 8500 Series, Octagonal Shelter, All Steel with 24-
Guage Pre-Cut Metal Roof 16'$9,997
SII-8524P
Pittsburgh, 8500 Series, Octagonal Shelter, All Steel with 24-
Guage Pre-Cut Metal Roof 24'$16,363
SII-8516-FS
Steel Frame, 8500 Series, Octagonal Shelter with Fiberglass
Shingles & Tongue & Groove Roof Decking 16'$10,139
SII-8524-FS
Steel Frame, 8500 Series, Octagonal Shelter with Fiberglass
Shingles & Tongue & Groove Roof Decking 24'$17,191
SII-8516-MR29
Steel Frame, 8500 Series, Octagonal Shelter with Metal
Roof and Tongue & Groove Roof Decking 16'$10,935
SII-8524-MR29
Steel Frame, 8500 Series, Octagonal Shelter with Metal
Roof and Tongue & Groove Roof Decking 24'$18,226
SII-8524DP
Pittsburgh, 8500 Series, Octagonal Shelter, All Steel with 24-
Guage Pre-Cut Metal Roof 24'$18,592
SII-8532DP
Pittsburgh, 8500 Series, Octagonal Shelter, All Steel with 24-
Guage Pre-Cut Metal Roof 32'$28,164
SII-8524D-FS
Steel Frame, 8500 Series, Double Tier Octagonal w
Fiberglass Shingles & Tongue & Groove Roof Decking 24'$17,168
SII-8532D-FS
Steel Frame, 8500 Series, Double Tier Octagonal w
Fiberglass Shingles & Tongue & Groove Roof Decking 32'$29,285
SII-8524D-MR29
Steel Frame, 8500 Series, Double Tier Octagonal, with
Metal Roof and Tongue & Groove Roof Decking 24'$20,055
SII-8532D-MR29
Steel Frame, 8500 Series, Double Tier Octagonal, with
Metal Roof and Tongue & Groove Roof Decking 32'$32,040
Prices do not include freight, installation or engineered drawings
Page 901 of 1829
Musical Pieces Price List #4000-2017
3/8/2017 1 OF 1
Item No.Description Price
FRN-CADENCE 13 Note Tenor Marimba In Ground $3,790.00
FRN-CONTRABASSCHIMES 7 Aluminum Chimes In Ground $5,678.00
FRN-DUET
18 Note Resonated
Xylophone/Marimba In Ground $3,726.00
FRN-IMBARIMBA 22 Note Resonated Marimba In Ground $4,682.00
FRN-LILYPADCYMBALS 10 Note Aluminum Discs In Ground $2,800.00
FRN-MANTARAY 36 Note Metallophone In Ground or Surface Mount $4,695.00
FRN-PAGODABELLS 8 Stainless Steel Bells In Ground $3,718.00
FRN-PEGASUS 23 Note Resonated Metallophone In Ground $4,549.00
FRN-SWIRL 26 Note Resonated Metallophone In Ground $5,652.00
FRN-TUNEDDRUMS Set of 5 PVC Hand Drums-Normal In Ground $3,218.00
FRN-TODDTUNEDDRUMS Set of 5 PVC Hand Drums-Toddler In Ground $3,609.00
FRN-YANTZEE 10 Bass Note Resonated Metallopho In Ground $4,308.00
FRN-ARIA 9 Note Non-resonated Xylophone In Ground $1,938.00
FRN-GRIFFIN 11 Note Resonated Metallophone In Ground $3,252.00
FRN-JACK
11 Note Resonated Metallophone
on molded plastic frame In Ground $2,585.00
FRN-JILL 11 Note Resonated Marimba In Ground $2,585.00
FRN-MELODY 9 Note Resonated Xylophone In Ground $1,783.00
FRN-MERRY 11 Note Resonated Metallophone In Ground $2,619.00
FRN-RHYTHM 9 Note Resonated Marimba In Ground $1,783.00
FRN-PIPER
11 Note Resonated Marimba,
fiberglass keys In Ground $2,602.00
ENSEMBLES
FRN-WEENOTES Griffin, Merry & Piper 3 Weenotes $7,702.00
FRN-STARTER Duet, Drums & Yantzee 3 Instruments $10,175.00
FRN-DELUXE Imbarimba, Swirl, Yantzee, Drums 4 Instruments $15,922.00
FRN-PREMIUM
Contrabass Chimes, Imbarimba,
Swirl, Pegasus, Drums 5 Instruments $21,194.00
FRN-SCULPTURAL
Contrabass Chimes, Lilypad
Cymbals, Manta Ray, Swirl, Pagoda
Bells & Aria 6 Instruments $21,896.00
Prices do not include freight or installation
Page 902 of 1829
Park Furniture Installation Price List #5000
3/8/2017 1 OF 1
STATE DESCRIPTION RATE
INSTALLATION Installation of Park Benches $270.00
INSTALLATION Installation of Picnic Tables $310.00
INSTALLATION Installation of Litter Receptacles $230.00
INSTALLATION Installation of Bike Racks $425.00
INSTALLATION Installation of Swing Benches $540.00
INSTALLATION Installation of Planters $310.00
with necessary footing holes
Rates are a maximum allowable percentage rate under the contract.
· Assembly of equipment provided by KOMPAN
· Concrete footings (where applicable)
Below is a list of services that are not automatically included in the quote for
product installation, but may be available for an extra charge
Minimum Installation Fee of $5,000.00
Unless otherwise noted in the quote, the installation charge includes the below:
· Receiving shipment on site and off-loading equipment
· Layout and excavation of footing holes for equipment provided by KOMPAN
Installation rates do not include Prevailing Wages. Please ask for a quote with Prevailing Wage
Rates, if applicable.
· Off-site disposal of packaging from delivered equipment
· Removal of excavated soil from site
· Non-standard working hours (i.e. nights, weekends, holidays)
Unless otherwise noted, the quoted installation charge assumes the following
· Additional site excavation not involving equipment footings
· Permits
· Storage of Equipment
If any of the above site conditions are not met, this may result in an inability to complete the
installation and/or may result in additional installation charges.
concrete slab, that the slab meets the thickness and strength
requirements associated with the equipment.
· Good soil conditions for excavation (i.e. no large rocks,
tree roots, underground structures, etc.)
· All underground utilities marked clearly by customer prior to installation
crew arriving on site and without those utilities interfering
· If products are ordered as “surface mount” and will be anchored to an existing
site conditions:
· Adequate access to the site for vehicles and equipment
· A flat, level site (less than 1% grade) with no existing surfacing,
drain rock, or other landscaping material
· Clear markings of play site borders and finished grade height
· Site Fence – Security
· Installation in stages
Please inquire with your local KOMPAN sales associate for details:
Page 903 of 1829
Contract No. 2017001135
Vendor No. 303668
22
EXHIBIT B
INSTALLATION FEES
The following Installation Fees are an Exhibit to and are incorporated into the Contract to
provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories
and Related Products and Services (the “Contract”) between the City of Charlotte and
Kompan, Inc.
Page 904 of 1829
Contract No. 2017001135 Vendor No. 303668
23
EXHIBIT C NATIONAL NETWORK OF DISTRIBUTORS AND INSTALLERS The following National Network of Distributors and Installers is an Exhibit to and are incorporated into the Contract to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”) between the City of Charlotte and Kompan, Inc.
Page 905 of 1829
U.S. Communities Supplier Information Section 7 (continued)
x By partnering with best in class suppliers of site amenities, surfacing and other associated
playground products, KOMPAN ensures that we always offer the best quality and highest
technologically advanced products in their class to the market.
Qualifications, Experience and Project Management Capabilities
1. Identify your company’s authorized distributors and installers by U.S. state:
KOMPAN’s Authorized Distributors by U.S. state
Distributor;ŐĞŶĐLJWĂƌƚŶĞƌͿ Territory by State
ABC Playgrounds Arkansas
All Play+ Pennsylvania
American Athletix Ohio, Michigan
Creative Recreational Design, Inc. New Mexico
Custom Playground Solutions Missouri
Highwire Washington, Hawaii, Alaska
Imagine Nation Illinois, Iowa
K2 Recreation Oregon, Idaho, Washington
Latta's West Virginia
Meaning 2 Play South Carolina
Playspace Design Utah, Idaho, Montana, Nevada
Practice Sports Nebraska
Recreation Insights Kentucky, Indiana
Recreation Republic California
Summit Recreation Colorado, Wyoming
Ultimate Playgrounds Wisconsin, Minnesota, North Dakota, South Dakota
Versa Sport Kansas
ϭϴϴPage 906 of 1829
Scope of Services Section 4
All equipment must be IPEMA Certified. Certification must be included with your proposal submission.
IPEMA certificates for the sample playgrounds are attached, labeled Exhibit 28
4.7 Installation.
All Products provided under this Contract that require assembly and installation should be performed by the
awarded manufacturers’ certified installers. Company must provide the names and addresses of each
certified installer/subcontractor by geographical area.
WEST ZONE
Installer Name Installer Address
PSI 1747 Colgate Dr. Thousand Oaks, California
91360
Central Coast Playgrounds 4285 Parkdale Lane, Santa Maria, California
93455
Cicero Engineering 1372 East Valencia Drive, Fullerton, California
92831
Who Built Creative P.O. Box 5207, Petaluma, California 94955
Zasuetta Contracting Inc. Po Box 866, Spring Valley, California 91976
Recreation Science 1310 Sierra Oaks Lane, Colfax, California
95713
T.J Janca Construction Inc.2328 N. Batavia Street, Orange County,
California 92865-2026
Playgrounds Unlimited 980 Memorex Dr. Santa Clara, California
95050
Perpetual Parks and Playgrounds 43407 Tylman Street, Temecula, California
95292
Creative Contractors PO Box 80784, Rancho Santa Margarita,
California 92688
(list continued next page…)
446 Page 907 of 1829
Scope of Services Section 4 (continued)
WEST ZONE
Installer Name Installer Address
Creekmore Recreation Specialists
3203 California Ave, Carmichael, California
95608
K2 Recreation Inc.
7227 N Philadelphia St #403, Portland, Oregon
97203
Takamine Construction 851 Leilani Street, Hilo, Hawaii 96720
Cascade Mini Excavating Inc.
1266 Bay Loop Southwest, Tumwater,
Washington 98512
Cascadian Landscaping
21510 NW Farm Park Dr. Hillsboro, Oregon
97124
Community Playgrounds 200 Commercial, Vallejo, California 94589
G.R. Morgan Construction
10536 S.W. 25th Avenue, Portland, Oregon
97219
Goto Construction Inc.
42-273 Old Kalanianaole Hwy, Kailua, Hawaii
96734
Jayne's Brothers
704 Cayo Grande Court, Newbury Park,
California 91320
R&R Construction Inc.
P.O. Box 8236, Bonney Lake, Washington
98390
Playco Park Builders Inc.
155 South Garrison Street, Lakewood,
Colorado 94954
Progressive Playgrounds 12784 N. 3rd Street, Parker, Colorado 80134
Quality Time Recreation PO Box 471, Clearfield, Utah 84089
(list continued next page…)
447 Page 908 of 1829
Scope of Services Section 4 (continued)
CENTRAL ZONE
Installer Name Installer Address
Midwest Playground Contractors 500 N. Pine St Suite 104, Chaska, Minnesota 55318
PG Playgrounds 5615 E. Huffman Drive , Kechi, Kansas 67067
Pro Installation Plus 5807 Hibiscus Trail, Crystal Lake, Illinois 60012
Vela Construction 24830 Outer Dr. Lincoln, Michigan 48146
Versasport 2705 N. Pepper Ridge, Wichita, Kansas 67205
EASTERN ZONE
Installer Name Installer Address
Avon Corporation 5621 Vine Street, Alexandria, Virginia 22310
Buzz Burger Inc.
500 S Whitehorse Rd, Phoenixville, Pennsylvania
19428
Custom Park Services 8019 E. Old Jessup Road, Jessup, Maryland 20794
Gassner Contracting 122 Markle Road, Belle Vernon, Pennsylvania 15012
Green Acres Landscape & Construction Co. Inc. 21 Malbone Street, Lakeville, Massachusetts 02347
Level Ground 6251 80th Street, Middle Village, New York 11379
Meaning 2 Play 106 Casco Bay Rd, Irmo, South Carolina 29063
P&J Lawn Landscaping Inc. P.O. Box 104, Harwington, Connecticut 06791
(list continued next page…)
448 Page 909 of 1829
Scope of Services Section 4 (continued)
EASTERN ZONE
Installer Name Installer Address
P&P Installations
617 Tim Hill Rd (P.O Box 222), Marathon, New York
13803
Pat Corsetti Inc. 610 Fenimore Ave, Mamaroneck, New York 10543
Playtime Installs LLC 501 Maplewood Ave., Mohnton, Pennsylvania 19540
Probuilt P.O. Box 991, Marshfield, Massachusetts 02050
Reale Associates Inc. PO Box 2316, Ocean Bluff, Massachusetts 02065
Reese Construction 3720 Lucky Dr. Apex, North Carolina 27539
Rich Picerno Builders 500 Hoiles Drive, Kenilworth, New Jersey 07033
UA Construction 71 West 23rd Street, New York, New York 10010
Dicarlo Home Improvements 9974 Blackberry Lane, Great Falls, Virginia 22066
MULTIPLE ZONE
Installer Name Installer Address
Evans Recreation P.O. Box 42607, Las Vegas, Nevada 89116
Playgrounds of the Rockies 3295 South Fairplay St, Aurora, Colorado 80014
Green Apex Roofing & Construction LLC 5333 Richmond Ave #15, Houston, Texas 77056
JP and Sons Contracting Inc. 18937 E Vía Del Verde, Queen Creek, Arizona 85142
Michigan Recreational Construction Inc. (MRC) P.O. Box 2127, Brighton, Michigan 48116
Precision Playgrounds Holdings
6440 Southpoint Parkway, Floor 3, Jacksonville,
Florida 32216
The Playground Guys Inc. 5600 SE Lamay Drive, Stuart, Florida 34997
449 Page 910 of 1829
Contract No. 2017001135
Vendor No. 303668
EXHIBIT D
FREIGHT RATE SCHEDULES
The following Freight Rate Schedules are an Exhibit to and are incorporated into the Contract to
provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and
Related Products and Services (the “Contract”) between the City of Charlotte and Kompan, Inc.
All freight charges are prepaid to the carrier by KOMPAN and added to the invoice as a separate
line item to the customer.
Page 911 of 1829
Contract No. 2017001135
Vendor No. 303668
25
EXHIBIT E
PRODUCT WARRANTIES
The following Product Warranties are an Exhibit to and are incorporated into the Contract
to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories
and Related Products and Services (the “Contract”) between the City of Charlotte and
Kompan, Inc.
Page 912 of 1829
Scope of Services Section 4 (continued)
4.12 Warranty.
Proposals should address each of the following:
1.Applicable warranty and/or guarantees of equipment and installations including any conditions and
response time for repair and/or replacement of any components during the warranty period.
Warranty documents for all proposed products attached.
Warranty Response Time
Product Response Time
KOMPAN Playground Equipment 4 -8 business days*
KOMPAN Outdoor Fitness Equipment 4 -8 business days*
Engineered Wood Fiber 5 business days
Pour In Place Rubber 5-10 business days
Rubber Mulch 5 business days
Artificial Turf 5-10 business days
Rubber Tiles 5-10 business days
Site Amenities 5-10 business days
Shelters 5-10 business days
Shades 5-10 business days
Installation Services 1-3 business days
*For customized or discontinued products
additional time may be required.
2.Warranty period start date. The City desires the warranty start at the time of substantial completion.
KOMPAN’s Warranty period start date will be at time of substantial completion.
3.Availability of replacement parts.
Replacement parts will at the minimum, be available for the duration of the warranty period.
4.Life expectancy of equipment under normal use.
KOMPAN has been producing playground equipment since the 1970’s and we still have some equipment in the
field from that time period. Local climate conditions, maintenance, and usage can affect the life expectancy of
equipment. Equipment is built to last through several generations, and can last over 20 years if properly
maintained.
The life expectancy of surfacing products is based on the climate, environment, proper drainage, usage and
maintenance. The minimum life expectancy matches the number of years the product is under warranty. Site
amenities have varied life expectancy based upon the type of materials and the care and maintenance of the
product. The minimum life expectancy matches the number of years the product is under warranty.
5.Detailed information as to proposed return policy on all equipment.
Except as agreed to in writing, all items of Product returned will be subject to inspection and approval by
KOMPAN prior to acceptance and will result in a restocking charge for all costs associated with the return, but
not less than 50% of the full list price of such returned KOMPAN items or 75% for custom or third party items
450 Page 913 of 1829
Contract No. 2017001135
Vendor No. 303668
26
EXHIBIT F
SCOPE OF SERVICES
The following Scope of Work is an Exhibit to and incorporated into the Contract to provide
Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and
Related Products and Services (the “Contract”) between the City of Charlotte and Kompan,
Inc.
4. SCOPE OF SERVICES.
4.1 General Scope.
The Company shall provide various Playground Equipment, Outdoor Fitness
Equipment, Surfacing, Site Accessories and Related Products and Services that meets
or exceeds the following requirements to the City and Participating Public Agencies
nationwide.
Participating Public Agencies may have additional specific requirements that might
not be a requirement of the Lead Public Agency. The Company agrees to provide
additional information or documentation to Participating Public Agencies as may be
required per the Master Intergovernmental Cooperative Purchasing Agreement
(between the Lead Public Agency and the Participating Public Agency).
4.2 Product Standards and Guidelines.
It is essential that all Playground Equipment, Outdoor Fitness Equipment, Site
Accessories, Surfacing, and Related Products and Services be in compliance with all
current and applicable Consumer Product Safety Commission (CPSC), Americans
with Disabilities Act (ADA) and ADA Accessibility Guidelines (ADAAG), and
ASTM Standards and other applicable laws and regulations in the state of North
Carolina or in accordance with the laws and applicable purchasing policies of the
State and locality where the Participating Public Agencies exists.
Manufacturers must be a member of the International Play Equipment Manufacturers
Association (IPEMA) and ISO 9001 and 14001 certified. All equipment must be
IPEMA Certified and meet all current American Society of Testing and Materials
(ASTM), Consumer Product Safety Commission (CPSC), and IPEMA standards.
4.2.1 American Society for Testing and Materials (ASTM):
ASTM-F1487- 11 Standard Consumer Safety Performance
Specification for Playground Equipment for
Public use.
ASTM-F1292-13 Standard Specification for Impact Attenuation of
Surface Systems within the Use Zone of
Playground Equipment.
ASTM 1951-09 Standard Specifications for Determination of
Surface Systems Under and Around Playground
Equipment.
Page 914 of 1829
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ASTM F2049-11 Fences/Barriers for Public, Commercial, and
Multifamily Residential Use Outdoor Play
Areas.
ASTM F2075 Standard Specifications for Engineered Wood
Fiber for Use as a Playground Safety Surface
and Around Playground Equipment.
4.2.2 Printed Handbook for Public Playground Safety (CPSC)
Equipment must meet all guidelines stated in the “Handbook for Public
Safety” published by the Consumer Product Safety Commission. Copies of
publication No. 325 may be obtained from U.S. Consumer Product Safety
Commission, Washington, DC 20207.
4.2.3 International Play Equipment Manufacturers Association (IPEMA)
IPEMA provides third-party Product Certification services for U.S. and
Canadian public play equipment and U.S. public play surfacing materials.
The services provide for the validation of a participant’s certification of
conformance to the standards referenced above. Both certifications are
administered by Detroit Testing Laboratory, Inc. For more information on
certification and membership, visit IPEMA’s website at: www.ipema.org.
All equipment must be IPEMA Certified. Certification must be included
with your proposal submission.
4.3 Environmental Purchasing Requirements.
The Company must provide documentation of their environmental sustainability
policies, measures, and initiatives with their Proposal response per Section 2.6.15 and
Section 7 - U.S. Communities Requirements of this RFP.
4.4 New Products and Services.
New Products and Services may be added to the resulting Contract(s) during the term
of the Contract by written amendment, to the extent that those Products and Services
are within the scope of this RFP and include, but will not be limited to, new Product
added to the Manufacturer’s listing offerings, and services which reflect new
technology and improved functionality. All requests are subject to review and
approval of the City of Charlotte.
4.5 Replacement Parts.
The Company must stock replacement parts for a minimum of 15 years on all play
systems and provide parts within two (2) weeks (14 calendar days) from the time an
order is placed by the Participating Public Agency. Some parts may take longer than
two weeks, and that will be communicated at the time the order is placed.
4.6 Surfacing Material.
Surfacing Material must meet all guidelines stated in the Handbook for Public
Playground Safety, and most current versions of ASTM-F1292-13, F2075-15, F3012-
14, and all other applicable ASTM standards and guidelines as certified by an
independent laboratory conforming to IPEMA safety standards as identified for the
playground industry.
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4.7 Installation.
All Products provided under this Contract that require assembly and installation
should be performed by the awarded manufacturers’ certified installers. Company
must provide the names and addresses of each certified installer/subcontractor by
geographical area.
All work must be performed according to the standards established by the terms,
specifications, drawings, and construction notes for each project, and meet
manufacturer’s specifications and industry standards. It shall be the obligation of the
Installer to obtain clarification from the Project Coordinator concerning questions or
conflicts in the specifications, drawings and construction notes in a timely manner as
to not delay the progress of the work.
4.8 Design.
The Company must have the capability to recommend and design appropriate play
systems/structures to fit the need of the site for age groups to be determined by
Participating Public Agency. Company must provide drawings (plan and elevation)
of all pertinent aspects of the play equipment and its method of connection to the
work. Final playground layout drawings shall be to scale and legible and must show
location of play equipment and dimensions of use zones. All designs shall indicate
ADA accessible routes, and percentage of ADA accessible components.
4.9 Project Management.
The Company must have the ability to provide project management services to help
Participating Agencies complete their projects on-time and within budget.
4.10 Safety.
The Company and installers or subcontractors performing services for Charlotte-
Mecklenburg are required and shall comply with all Occupational Safety and Health
Administration (OSHA), State and County Safety and Occupational Health Standards
and any other applicable rules and regulations. The Company and subcontractors
shall be held responsible for the safety of their employees and any unsafe acts or
conditions that may cause injury or damage to any persons or property within and
around the work site area under this contract.
4.11 Literature and Catalogs.
The Company will be required to furnish and/or update all price lists, listings, color
charts and other literature as requested within fifteen (15) days after notification of
award. All catalogs may be electronic versions.
4.12 Warranty.
The Company should address each of the following:
1. Applicable warranty and/or guarantees of equipment and installations
including any conditions and response time for repair and/or replacement of
any components during the warranty period.
2. Warranty period start date. The City desires the warranty start at the time of
substantial completion.
3. Availability of replacement parts.
4. Life expectancy of equipment under normal use.
5. Detailed information as to proposed return policy on all equipment.
4.13 Lead Time and Delivery.
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29
1. Company must provide a four (4) week lead time on limited number of
configurations, with no up charge. Participating Public Agencies should consult
with their local Sales Representative for Lead times for specific products as times
vary based upon type of product.
a. Most of the Company’s bestselling Products are stocked in our
Middletown, Pennsylvania storage facility and can be shipped for
immediate delivery – one to seven days, dependent upon the delivery
location.
b. 64% of the Company’s Products will be shipped for delivery from the
east coast within five weeks.
c. 26% of the Company’s Products will be shipped for delivery from the
east coast within eight weeks.
d. The remaining 10% of the Company’s Products have delivery times
that are dependent on the customizations, color and material selections
as these Products are highly specialized and a result of project
collaboration with the customer.
2. Deliveries may be made typically between the hours of 8:30 a.m. and 3:30 p.m.,
local time, on regular business days unless other arrangements have been made.
Delivery location shall be stated on each purchase order issued by Participating
Agencies.
3. The Company will ensure that all items are delivered fully assembled or
assembled by vendor or its designated subcontractor on site as may be designated
by the Participating Public Agency. The Company will assure that all items are
packed in accordance with prevailing commercial practices and delivered and
assembled and installed in the first class condition.
4. When the purchase order calls for delivery to a specific location (other than door
delivery) the vendor will deliver in accordance with the delivery instructions
provided by the Participating Public Agency and shall perform inside delivery,
assembly, set in place in proper location, make ready for use and remove all
debris.
5. The Company shall authorize immediate replacement of any item that has been
damaged in transit.
6. If deliveries are required in the evenings or weekends, or designated holidays,
special installation charges will be negotiated. It is expected that the pricing will
be fair and reasonable based upon specific requirements.
4.14 Optional Work.
Company will be required to provide quotations on a case-by-case basis for optional
related work such as, but not limited to, removal and/or reinstallation of Playground
& Fitness Equipment, timbers, and fencing as may be required to provide a full
turnkey solution to Participating Public Agencies.
4.15 Material Specifications.
Equipment material specifications may vary between cities, counties, schools and
states. Each Participating Entity will provide required specifications to include, but
not be limited to, acceptable material, finish, diameters, thickness, gage, and angles
of all components when placing orders or as necessary.
Page 917 of 1829
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4.16 Additional Requirements.
The Company may be required and agrees to comply with additional state, or local
laws and policies of the individual Participating Public Agencies.
4.17 Performance Bond.
The Company may be required to provide a performance bond as required by
Participating Public Agencies for each project as required by local or state laws and
policies.
4.18 Reports.
The Company must maintain all records in compliance with federal and state
regulations. A statistical report and an annual tabulated report must be submitted
electronically to the Lead Public Agency upon request.
4.19 Pricing.
The Company must submit a cost proposal fully supported by data adequate to
establish the reasonableness of the proposed fee. One (1) firm fixed percentage
discount off of a verifiable list price for each category (defined in Section 1.3): 1)
Playground Equipment (including components, replacement parts); 2) Outdoor
Fitness Equipment: 3) Site Accessories; 4) Surfacing Materials; 5) all other related
Products (Shade Structures, Skate Parks, and other categorized Products); and 6)
Services offered by the Company, for the life of the contract is preferred.
Prices must include manufacturer mark up, profit, item cost and storage to allow each
customer the ability to calculate and verify discount. All manufacturer price lists
must be identified in the Proposal response.
Proposals must include an itemized list of any Products and Services that the
Company intends to include in the Master Agreement and assume responsibility for
as prime contractor, but are offered by the individual authorized distributors and not
included in the Company’s catalog. The list must identify the distributors name and
location that offers each product and service included. The Company shall be the
prime contractor and remain solely responsible for contractual performance, and
reporting, per Section 2.6.7 of this RFP for any Products and Services offered by the
authorized distributor.
Proposals shall not include Products and Services the Company does not intend to
offer, or take responsibility for, as prime contractor.
4.19.1 Volume Discounts: Please include any volume discounts offered to the Lead
Public Agency and Participating Public Agencies.
4.19.2 Rebates: Please include any rebates offered to Lead Public Agency and
Participating Public Agencies..
4.19.3 Product, Design and Price Comparison.
For comparison purposes only, the Company must provide the following
information for the three (3) sample playground designs included in Section
6, Form 4:
1. Cost breakdown of all components using proposed discounts and list
prices;
2. Manufacturer Price List ID
Page 918 of 1829
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3. Three dimensional drawings
4. Number of kids that can use the playground;
5. Total number of play components:
• Number of ground level components
• Number of accessible ground level components
• Number of elevated components
• Number of accessible elevated components
6. Play Structure Size
7. Deck Sizes
8. Diameter of Uprights
9. Color options
10. Minimum time needed from date of design to delivery of equipment.
4.20 Installation.
Company response must include a defined installation fee program. If a percentage of
total dollar amounts of each order are proposed, the Company must submit one (1)
fixed percentage for all installation services for all Participating Public Agencies,
regardless of location, for the life of the contract.
4.21 Shipping and Delivery.
Company must include a defined shipping program with their Proposal responses. If
shipping is charged separately, only the actual cost of the freight may be added to an
invoice. Shipping charges calculated as a percentage of the product price cannot be
used.
1. Unless specifically stated otherwise in the “Shipping Program” included in
the Company’s Proposal response, all prices quoted must be F.O.B.
destination with freight prepaid by the Company.
2. Additional costs for expedited deliveries may be added.
3. Selection of a carrier for shipment will be the option of the Participating
Public Agency paying for said shipping.
4.22 Price Adjustments.
All proposed pricing shall remain firm for the first year of the subsequent
Contract (through June 30, 2018). Company may request price increases for
consideration at least sixty (60) days prior to each anniversary of the Contract
effective date. All requests must be submitted in writing to City of Charlotte
Procurement Management along with documentation of bona fide materials and labor
increases for the cost of Products. No adjustments shall be made to compensate a
Company for inefficiency in operation or for additional profit. Price decreases shall
be accepted at any time during the term of the contract.
4.23 References.
Proposals must include a minimum of five (5) customer references (see Section 6,
Form 7) that Company has provided products and services similar to those outlined in
this RFP.
4.24 Prevailing Wages.
Company must comply with the prevailing wage requirements of each state. Please
include any exceptions to this requirement in your proposal response, per Section
2.6.12 of the RFP.
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EXHIBIT H
CONFIDENTIALITY TERMS
This Exhibit H is an exhibit to the Contract to Provide Playground Equipment, Outdoor Fitness
Equipment, Surfacing, Site Accessories and Related Products and Services (the “Contract”)
between the City of Charlotte, a North Carolina municipal corporation (the “City”), and
Kompan.Inc., a corporation doing business in North Carolina (the “Company”). Unless otherwise
stated in this Exhibit, the defined terms stated herein shall have the same meanings ascribed to
them in the main body of the Contract.
1. CONFIDENTIAL INFORMATION. "Confidential Information" means any information, in
any medium (whether written, oral or electronic), obtained from the City or the Company or
any of their respective suppliers, contractors or licensors which falls within any of the
following general categories:
1.1. Trade secrets. For purposes of this Contract, trade secrets consist of information of the
City or the Company or any of their respective suppliers, contractors or licensors: (a)
that derives value from being secret; and (b) that the owner has taken reasonable steps to
keep confidential. Examples of trade secrets include information relating to proprietary
software, new technology, new products or services, flow charts or diagrams that show
how things work, manuals that tell how things work and business processes and
procedures.
1.2. Information marked "Confidential" or “Proprietary.”
1.3. Information relating to criminal investigations conducted by the City, and records of
criminal intelligence information compiled by the City.
1.4. Any attorney / client privileged information disclosed by either party.
1.5. Information contained in the City's personnel files, as defined by N.C. Gen. Stat. 160A-
168. This consists of all information gathered by the City about employees, except for
that information which is a matter of public record under North Carolina law.
1.6. Personal identifying information about individuals that the City is prohibited from
disclosing by law, including:
(a) Social security or employer taxpayer identification numbers.
(b) Drivers license (drivers license numbers are not included if the number appears on
law enforcement records), State identification card, or passport numbers.
(c) Checking account numbers.
(d) Savings account numbers.
(e) Credit card numbers.
(f) Debit card numbers.
(g) Personal Identification (PIN) Code as defined in G.S. 14-113.8(6).
(h) Digital signatures.
(i) Any other numbers or information that can be used to access a person's financial
resources.
(j) Biometric data.
(k) Fingerprints.
(l) Passwords.
1.7. The security features of the City’s electronic data processing systems, information
technology systems, telecommunications networks, and electronic security systems,
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including passwords, security standards, security logs, procedures, processes,
configurations, software and codes.
1.8. Local tax records of the City that contain information about a taxpayer's income or
receipts.
1.9. Any data collected from a person applying for financial or other types of assistance,
including but not limited to their income, bank accounts, savings accounts, etc.
1.10. Building plans of City-owned buildings or structures, as well as specific details of
public security plans.
1.11. Billing information of customers compiled and maintained in connection with the City
providing utility services.
1.12. Plans to prevent or respond to terrorist activity, including vulnerability and risk
assessments, potential targets, specific tactics or specific security or emergency
procedures, the disclosure of which would jeopardize the safety of government
personnel or the general public or the security of any governmental facility, structure
or information storage system(s).
1.13. Other information that is exempt from disclosure under the North Carolina public
records laws.
The information described in Sections 1.1 through 1.13 is a subcategory of Confidential
Information called "Highly Restricted Information.” Highly Restricted Information is subject to
all requirements applicable to Confidential Information, but is also subject to additional
restrictions as set forth in this Exhibit H.
The parties acknowledge that Confidential Information includes information disclosed prior to
execution of this Contract as well as information disclosed after execution.
Notwithstanding the above, contracts between the Company and the City are not Confidential
Information and will be considered public records, except for attached exhibits that: (a) meet the
legal requirements for trade secrets; and (b) are clearly identified as such.
2. RESTRICTIONS AND REQUIREMENTS. Each party shall comply with the following
restrictions and requirements regarding Confidential Information:
2.1. Neither party shall copy, modify, enhance, compile or assemble (or reverse compile or
disassemble), or reverse engineer Confidential Information, except as authorized by
written agreement of the parties or by the written consent of the other party.
2.2. Neither party shall, directly or indirectly, disclose, divulge, reveal, report or transfer
Confidential Information of the other to any third party, other than an agent,
subcontractor or vendor of the City or the Company who: (a) has a need to know such
Confidential Information for purposes contemplated by this Contract, and (b) has
executed a confidentiality agreement incorporating substantially the form of this Exhibit
H. Notwithstanding the foregoing, Company shall not directly or indirectly, disclose,
divulge, reveal, report or transfer Highly Restricted of the other to any third party
without the City's prior written consent.
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2.3. Neither party shall use any Confidential Information of the other for its own benefit or
for the benefit of a third party, except to the extent such use is authorized by this
Contract or other written agreements between the parties hereto, or is for the purpose for
which such Confidential Information is being disclosed.
2.4. Neither party shall remove any proprietary legends or notices, including copyright
notices, appearing on or in the Confidential Information of the other.
2.5. Each party shall use reasonable efforts to prohibit its employees, vendors, agents and
subcontractors from using or disclosing the Confidential Information in a manner not
permitted by this Contract.
2.6. In the event that any demand is made in litigation, arbitration or any other proceeding for
disclosure of Confidential Information, the party upon which the demand is made shall
notify the other party of the demand, and shall cooperate with and reasonably assist the
other party in seeking a protective order or other appropriate relief to prevent or restrict
and protect any disclosure of Confidential Information.
2.7. All materials which constitute, reveal or derive from Confidential Information shall be
kept confidential to the extent disclosure of such materials would reveal Confidential
Information.
2.8. Each party shall restrict employee access to the Confidential Information of the other
party to those employees having a need to know for purposes of carrying out the
business relationships contemplated by this Contract.
2.9. The Company shall comply with the City's Restricted Data Policy, a copy of which is
posted on the City's website, and with any instructions or procedures issued by City key
business units from time to time with respect to protecting specific types of Confidential
Information.
2.10. Each party shall take reasonable measures to prevent the use or disclosure of
Confidential Information by its employees in a manner not permitted by this Exhibit H.
The Company shall have each of its employees who will have access to the Confidential
Information sign a confidentiality agreement which provides the City and its vendors,
licensors, subcontractors, employees and taxpayers the same level of protection as
provided by this Exhibit H, including compliance with the City's Restricted Data Policy.
2.11. The Company shall further ensure that each person who obtains access to Confidential
Information through the Company (including but not limited to Company's employees
and subcontractors) has undergone training sufficient to understand his or her
responsibilities with respect to this Exhibit H and the City's Restricted Data Policy.
3. EXCEPTIONS. The disclosing party to this Contract agrees that the receiving party
("Recipient”) shall have no obligation with respect to any Confidential Information that the
Recipient can establish:
3.1. was already known to Recipient prior to being disclosed by the disclosing party;
3.2. was or becomes publicly known through no wrongful act of Recipient;
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3.3. was rightfully obtained by Recipient from a third party without similar restriction and
without breach hereof;
3.4. was used or disclosed by Recipient with the prior written authorization of the other
party;
3.5. was disclosed pursuant to the requirement or request of a governmental agency, which
disclosure cannot be made in confidence, provided that, in such instance, Recipient shall
first give to the other party notice of such requirement or request;
3.6. was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully
issued subpoena, provided that the Recipient shall take reasonable steps to obtain an
agreement or protective order providing that this Contract will be applicable to all
disclosures under the court order or subpoena.
4. DATA. The Company will treat as Confidential Information all data provided by the City or
processed for the City or for citizens under this Contract (including metadata). Such data shall
remain the exclusive property of the City. The Company will not reproduce, copy, duplicate,
disclose, or in any way treat the data supplied by the City in any manner except that
contemplated by this Contract.
5. PUBLIC RECORDS. Notwithstanding anything contained herein to the contrary, the parties
recognize and acknowledge that the City is a subdivision of the State of North Carolina and
is, therefore, subject to the North Carolina Public Records Act (the "Act") at N.C. Gen. Stat.
132-1 et seq. The parties further acknowledge that any Confidential Information that is a
public record under North Carolina law may be released and disclosed by the City pursuant to
the Act, and that any such release or disclosure shall not in any way constitute a breach of this
Contract, nor shall the City be liable to the Company for such release or disclosure.
In the event the City receives a request for disclosure of Confidential Information which the
Company has specifically marked "Confidential" or "Proprietary" the City shall give the
Company written notice of such request (the "Notice of Request for Disclosure"). In the event
the Company has a reasonable basis for contending that the disclosure of such Confidential
Information is not required by the Act, the Company shall within ten (10) days after receipt of
the Notice of Request for Disclosure notify the City in writing of its objection to disclosure
and the basis therefor. The Company shall indemnify, defend and hold harmless the City
from and against all losses, damages, liabilities, costs, obligations and expenses (including
reasonable attorneys' fees) incurred by the City in connection with any refusal by the City to
disclose Confidential Information after receiving an objection to disclosure from the
Company. If the City receives no written objection from the Company within ten (10) days
after the Company's receipt of a Notice of Request for Disclosure, the City shall disclose the
Confidential Information referenced in the Notice of Request for Disclosure.
Notwithstanding the foregoing, the parties agree that the computer database information that
the City is required to disclose under N.C. Gen. Stat. §132-6.1 shall not be deemed
Confidential Information, and that the City shall be entitled to disclose such information
without notice to the Company.
6. REMEDIES. Each party acknowledges that the unauthorized disclosure of the Confidential
Information of the other will diminish the value of the proprietary interests therein.
Accordingly, it is agreed that if a party breaches its obligations hereunder, the other party
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Vendor No. 303668
37
shall be entitled to equitable relief to protect its interests, including but not limited to
injunctive relief, as well as monetary damages.
Nothing in this Contract shall be deemed to eliminate or lessen any obligation either party may
have at law with respect to protecting the confidentiality of Confidential Information, except as
the provisions of this Contract expressly authorize the release of Confidential Information.
Page 924 of 1829
Contractit:2017001135
Amendment#: 5
Vendor#: 303668
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
FIFTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND
RELATED PRODUCTS AND SERVICES
THIS FIFTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND
SERVICES (this 'First Amendment") is made and entered into this 15t1 day of May 2019, by and between
Kompan, Inc., a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a
North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the
"Contract') pursuant to which the Company agreed to provide Playground and Outdoor Fitness
Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of
Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to
incorporate unit price adjustments and freight rate adjustments.
C. The City of Charlotte and the Company agreed to amend the contract on September 1, 2018 to
incorporate federal contract terms and conditions.
D. The City of Charlotte and the Company agreed to amend the contract on January 1, 2019 to unit
price adjustments.
E. The parties now desire to amend the Contract to incorporate certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the
parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Fourth Amendment by
reference.
2. Defined terms used in this Fifth Amendment shall have the same meaning as are assigned to such
terms in the Contract.
3. This Fifth Amendment incorporates Third Party Products and Price List as specified in Exhibit A
(attached).
4. Except to the extent specifically provided above, this amendment shall not be interpreted or
construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have
under the Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force
and effect.
(Signature Page Follows]
KOMPAN, INC. May 15, 2019
2017001135-5
Page 925 of 1829
KOMPAN, INC.
BY:
(signature)
PRINT NAME:
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each
and every provision hereof, the parties have caused this Second Amendment to be executed as of the date
first written above.
CITY OF CHARLOTTE:
BY:
(signature)
PRINT NAME( Jethnittclif
neayeK
DATE: Qabl
TITLE: TITLE:
DATE:
Contract#:2017001135
Amendment#: 5
Vendor#: 303668
CITY OF CHARLOTTE:
INSURANCE AND RISK MANAGEMENT
BY:
(signature)
PRINT NAME:
TITLE:
DATE:
KOMPAN, INC. May15, 2019
2017001135-5
Page 926 of 1829
Contract#.2017001135
Amendment#. 4
Vendor#: 303668
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
FOURTH AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND
RELATED PRODUCTS AND SERVICES
THIS FOURTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND
SERVICES (this "First Amendment") is made and entered into this 1st day of January 2019, by and between
Kompan, Inc., a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a
North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the
"Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness
Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of
Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to
incorporate unit price adjustments and freight rate adjustments.
C. The City of Charlotte and the Company agreed to amend the contract on September 1, 2018 to
incorporate federal contract terms and conditions.
D. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate
certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the
parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Fourth Amendment by
reference.
2. Defined terms used in this Fourth Amendment shall have the same meaning as are assigned to
such terms in the Contract.
3. This Fourth Amendment incorporates unit price adjustments as specified in Exhibit A (attached).
The aggregate increase of 4.4 percent (4.4%) as specified in Exhibit A and shall become effective
on January 1, 2019.
4. Except to the extent specifically provided above, this amendment shall not be interpreted or
construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have
under the Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force
and effect.
[Signature Page Follows]
KOMPAN, INC. January 1, 2019
2017001135-4
Page 927 of 1829
BY:
(signature)
?pa
Contract#:2017001135
Amendment#: 4
Vendor#: 303668
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each
and every provision hereof, the parties have caused this Second Amendment to be executed as of the date
first written above.
KOMPAN, INC.
BY:
(sign hire)
PRINT NAVE: \O(Ytyth
TITLE: tint/r
DATE 13112-/Loi
CITY OF CHARLOTTE:
CITY OF CHARLOTTE:
INSURANCE A Di IRIS MANAGEMENT
BY:
(signature)
%ris (--&;(1).5ovi
TITLE:
DATE:
174 /1K
KOMPAN, INC. January 1, 2019
2017001135-4
PRINT NAME: (
Page 928 of 1829
Contract#:2017001135
Amendment#: 4
Vendor#: 303668
Exhibit A
2019 Price Adjustments
KOMPAN, INC. January 1, 2019
2017001135-4
Page 929 of 1829
Contract#:2017001135
Amendment#. 3
Vendor*: 303668
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
THIRD AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING,
AND RELATED PRODUCTS AND SERVICES
THIS THIRD AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND
SERVICES (this "First Amendment") is made and entered into this 1st day of September 2018, by and
between Kompan, Inc., a corporation doing business in North Carolina (the "Company"), and the City of
Charlotte, a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the
"Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness
Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of
Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to
incorporate unit price adjustments and freight rate adjustments.
C. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate
certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the
parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Second Amendment by
reference.
2. Defined terms used in this Second Amendment shall have the same meaning as are assigned to
such terms in the Contract.
3. This Third Amendment incorporates Federal Contract Terms and Conditions as Exhibit I and
attached hereto, due to new laws and requirements, effective July 1, 2018.
4. Except to the extent specifically provided above, this amendment shall not be interpreted or
construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have
under the Contract.
5. In all other respects and except as, modified herein, the terms of the Contract shall remain in force
and effect.
(Signature Page Follows]
KOMPAN, INC. September 1, 2018
2017001135-3
Page 930 of 1829
CITY OF CHARLOTTE:
INSURANCE AN MANAGEMENT
BY:
(signature)
PRINT NAME:
TITLE: Stic (Ilk(
DATE: f(r
Contract#:2017001135
Amendment#: 3
Vendor#: 303668
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each
and every provision hereof, the parties have caused this Second Amendment to be executed as of the date
first written above.
CITY OF CHARLOTTE: KOMPAN, INC
BY:
(signature)
PRINT NAME: Thou 3 Enci)1‘ PRINT NAME:
TITLE: Pte, TITLE:
DATE: 7014- DATE: gIQII 1
BY:
(signature)
KOMPAN, INC. September 1, 2018
2017001135-3
Page 931 of 1829
Exhibit H
Federal Contract Terms and Conditions
This Exhibit is attached and incorporated into the Agreement to Provide Playground and Outdoor
Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services (the
"Contract") between the City of Charlotte and Kompan, Inc.
Capitalized terms not defined in this Exhibit shall have the meanings assigned to such terms in the
Contract. In the event of a conflict between this Exhibit and the terms of the main body of the
Contract or any other exhibit or appendix, the terms of this Exhibit shall govern.
1. Debarment and Suspension. The, Company represents and warrants that, as of the Effective
Date of the Contract, neither the Company nor any subcontractor or subconsultant performing
work under this Contract (at any tier) is included on the federally debarred bidder's list listed on
the government wide exclusions in the System for Award Management (SAM), in accordance
with the OMB guidelines at 2 CFR' 180 that implement Executive Orders 12549 (3 CFR part
1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." If at any point during the Contract term the Company or any subcontractor or
subconsultant performing work at any tier is included on the federally debarred bidder's list, the
Company shall notify the City immediately.
2. Record Retention. The Company certifies that it will comply with the record retention
requirements detailed in 2 CFR § 200.333. The Company further certifies that vendor will
retain all records as required by 2 CFR § 200.333 for a period of three years after it receives
City notice that the City has submitted final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
3. Procurement of Recovered Matdrials. The Company represents and warrants that in its
performance under the Contract, the Company shall comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 incIttde procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
4. Clean Air Act and Federal Water Pollution Control Act. Company agrees to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA)
5. Energy Efficiency. The Company certifies that the Company will be in compliance with
mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(Pub. L. 94-163, 89 Stat. 871).
KOMPAN, INC. September 1, 2018
2017001135-3
Contract*:2017001135
Amendment*: 3
Vendor*: 303668
Page 932 of 1829
Contract#:2017001135
Amendment#: 3
Vendor#: 303668
6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Company certifies that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
Company, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal Loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of and
Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with this federal contract, grant, loan, or cooperative agreement, the
Company shall complete and submit Standard Form—LLL, "Disclosure Form to Report
Lobbying," in accordance with it§ instructions [as amended by "Government wide Guidance
for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
c. The Company shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
7. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). If the Contract is in
excess of $100,000 and involves the employment of mechanics or laborers, the Company
must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Company is required to
compute the wages of every mechahic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or
purchases of transportation or transmission of intelligence.
8. Right to Inventions. If the federal award is a "funding agreement" under 37 CFR 401.2 and
the City wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment of performance or experimental,
developmental or research work thereunder, the City must comply with 37 CFR Part 401,
"Rights to Inventions Made by NOnprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
9. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). In its performance under the
Contract, the Company shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable tb Contracts Covering Federally Financed and Assisted
Construction"). In accordance with , the statute, the Company is required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretory of Labor. In addition, the Company is required to pay
wages not less than once a week.
10. Copeland "Anti-Kickback" Act (40 U.S.C. 3145). In its performance under the Contract, the
Company shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as
KOMPAN, INC. September 1, 2018
2017001135-3
Page 933 of 1829
Contract#:2017001135
Amendment#: 3
Vendor#: 303668
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building Or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that the Company is prohibited from
inducing, by any means, any perspn employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he or she is otherwise entitled.
11. Equal Employment Opportunity., In its performance under the Contract, Company shall
comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part,
1964-1965 Comp., p. 339), as arrjended by Executive Order 11375, "Amending Executive
Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41
CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
KOMPAN, INC. September 1, 2018
2017001135-3
Page 934 of 1829
Contract#:2017001135
Amendment#: 2
Vendor#: 303668
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
SECOND AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING,
AND RELATED PRODUCTS AND SERVICES
THIS SECOND AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND
SERVICES (this "First Amendment") is made and entered into this 1st day of May 2018, by and between
Kompan, Inc., a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a
North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the
"Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness
Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of
Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to
incorporate unit price adjustments and freight rate adjustments.
C. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate
certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the
parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Second Amendment by
reference.
2. Defined terms used in this Second Amendment shall have the same meaning as are assigned to
such terms in the Contract.
3. This Second Amendment incorporates new products and unit price adjustments as specified in
Exhibit A and becomes effective on May 1, 2018.
4. Section 5 of the Contract ("Optional Products and Services") is hereby appended as follows:
5. The City and Participating Public Agencies may elect to request quotations for additional
products and services not specifically listed in the Company's proposal or this Agreement.
The Company shall provide quotations for optional products and services as requested, to
provide a full turnkey solution.
6. Except to the extent specifically provided above, this amendment shall not be interpreted or
construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have
under the Contract.
7. In all other respects and except as modified herein, the terms of the Contract shall remain in force
and effect.
[Signature Page Follows]
KOMPAN, INC. May 1, 2018
2017001135-2
Page 935 of 1829
CITY OF CHARLOTTE:
INSURANCE I ys MANAGEMENT
BY:
(signatur
PRINT NAME
TITLE:
DATE: 26fr
TITLE: AN/WC-a tieeerbe
DATE: y/ro/8
TITLE: K/
ty/ DATE:
Contract#.2017001135
Amendment#: 2
Vendor#: 303668
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each
and every provision hereof, the parties have caused this Second Amendment to be executed as of the date
first written above.
KOMPAN, INC. CITY OF CHARLOTTE:
BY: BY:
(s (signatur-)
tt
PRIN NAME: es/0a? 067misciv PRINT NAME:
KOMPAN, INC. May 1, 2018
2017001135-2
Page 936 of 1829
Page 937 of 1829
Page 938 of 1829
Page 939 of 1829
Page 940 of 1829
Page 941 of 1829
Page 942 of 1829
Page 943 of 1829
7.B.
C ONS E NT B I D S A ND P URC HASES OV E R $100,000
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O PO SE D R E S O L U T IO N N O. R 19-157 - Approve
Change Order No. 10 for Purchase Order #181081 with Ric -Man I nternational, I nc . in the amount of
$795,174.79 for the C entral Seac rest Corridor Utility I mprovements Phase I I project, increasing the total
Purc hase Order amount to $13,609,259.37.
E X P L AN ATIO N O F R EQ U E S T:
On May 15, 2018 the C ity Commission approved Resolution No. R18-071 for a contract with Ric -Man
I nternational, I nc. for $3,233,885.33 for Phase 1 services that inc luded design criteria review and value
engineering, design development, and early construction ac tivities. The contract also inc luded design and
permitting of a new wastewater forc e main to serve the Riverwalk redevelopment projec t.
On J anuary 15, 2019 the Commission approved Resolution No. R19-007 authorizing the C ity Manager to
sign Addendum One to the contract with Ric-Man I nternational, I nc . in the amount of $9,326,901.85 for the
completion of c onstruc tion and an additional $500,000.00 as a c ontingency to address any unforeseen
conditions or issues during construction. As part of Addendum One, a Cost Reimbursable Plus Design
Builder Fee contract was executed with Ric-Man I nternational, I nc. To date, the c urrent Purc hase Order
amount is $12,814,084.58.
During the construc tion of the projec t, it became apparent that some of the quantities in the approved
schedule of values were insufficient to complete the project. This was mainly due to the original quantities
being under-estimated for the removal and replacement of the existing asphalt and conc rete driveway aprons
(i.e., the portion of the driveway s within the public right-of-way ), roadway restoration, and roadway
resurfacing. I n addition, some of the original unit pric es were adjusted by the Contractor. For instance,
although the amount of asphalt driveway replac ement increased, the cost for per square y ard has decreased
from the original unit price. Similarly, for the wastewater forc e main piping installed by horizontal directional
drill, the unit costs also dec reased from the original resulting in a savings to the City for these items.
Based on these quantity and pric ing adjustments, C hange Order No. 10 includes a requested increase of
$2,126,779.44 for additional scope items and a deduc tive amount of $1,331,604.65 for unused
quantities/under-runs, resulting in a net change order amount of $795,174.79.
This revised project ac counting will be as follows:
Current Purc hase Order Amount: $12,814,084.58 (including previous adjustments/change orders)
Change Order No. 10: $795,174.79
New Purchase Order Amount: $13,609,259.37
Remaining Contingenc y: $246,702.60 (for unforeseen c onditions)
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
Page 944 of 1829
The c onstruction project is c urrently ongoing. Change Order No. 10 will provide the funding for the additional
work that is needed to c omplete the full scope of the projec t. Upon c ompletion of this important neighborhood
improvement project, the residents will benefit from new utility infrastructure as well as improved c urb appeal
with new driveway aprons, sidewalks, swales, and asphalt pavement.
F IS C AL IMPAC T: Budgeted
Funding for C hange Order No. 10 is available in the Utilities and City C I P budgets in the following accounts:
403-5016-538-65.09 S TM 022
403-5016-533-65.02 W TR 106
404-5000-533-65.03 S W 1802
303-4904-541.63-03 TR 17011
303-4904-541.63-24 C P 0263
ALT E R N ATIV E S: Not authorize this Change Order.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Resolution
Resolution approving C hange Order No 10 to P O
181081 with Ric Man for C entral Seac rest
Corridor
Attachment Proposed Change Order No. 10
Attachment Addendum One with Ric -Man I nternational
Page 945 of 1829
S:\CA\RESO\Agreements\Change Order No. 10 for PO #181081 with Ric-Man for Central Seacrest Corridor - Reso.docx
- 1 -
RESOLUTION NO. R19- 1
2
3
A RESOLUTION OF THE CITY COMMISSION OF 4
THE CITY OF BOYNTON BEACH, FLORIDA, 5
APPROVING CHANGE ORDER NO. 10 FOR PURCHASE 6
ORDER #181081 WITH RIC-MAN INTERNATIONAL, 7
INC. IN THE AMOUNT OF $795,174.79 FOR THE 8
CENTRAL SEACREST CORRIDOR UTILITY 9
IMPROVEMENTS PHASE II PROJECT, INCREASING 10
THE TOTAL PURCHASE ORDER AMOUNT TO 11
$13,609,259.37; AND PROVIDING AN EFFECTIVE 12
DATE. 13
14
WHEREAS, on May 15, 2018 the City Commission approved Resolution No. R18-071 15
for a contract with Ric-Man International, Inc. for $3,233,885.33 for Phase 1 services that included 16
design criteria review and value engineering, design development, and early construction 17
activities; and 18
WHEREAS, on January 15, 2019 the Commission approved Resolution No. R19-007 19
authorizing the City Manager to sign Addendum One to the contract with Ric-Man International, 20
Inc. in the amount of $9,326,901.85 for the completion of construction and an additional $500,000.00 as 21
a contingency to address any unforeseen conditions or issues during construction; and 22
WHEREAS, as part of Addendum One, a Cost Reimbursable Plus Design Builder Fee contract 23
was executed with Ric-Man International, Inc.; and 24
WHEREAS, during the construction of the project, it became apparent that some of the 25
quantities in the approved schedule of values were insufficient to complete the project due to 26
the original quantities being under-estimated for the removal and replacement of the existing 27
asphalt and concrete driveway aprons (i.e., the portion of the driveways within the public right-28
of-way), roadway restoration, and roadway resurfacing; and 29
WHEREAS, based on these quantity and pricing adjustments, Change Order No. 10 30
includes a requested increase of $2,126,779.44 for additional scope items and a deductive 31
amount of $1,331,604.65 for unused quantities/under-runs, resulting in a net change order 32
amount of $795,174.79; and 33
WHEREAS, the City Commission upon recommendation from staff, deems it 34
appropriate to approve Change Order No.10 for Purchase Order #181081 with Ric-Man 35
International, Inc., in the amount of $795,174 for the Central Seacrest Corridor Utility 36
Improvements Phase II project increasing the Purchase Order amount to $13,609,259.37. 37
Page 946 of 1829
S:\CA\RESO\Agreements\Change Order No. 10 for PO #181081 with Ric-Man for Central Seacrest Corridor - Reso.docx
- 2 -
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 38
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 39
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 40
being true and correct and are hereby made a specific part of this Resolution upon adoption 41
hereof. 42
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 43
approve Change Order No.10 for Purchase Order #181081 with Ric-Man International, Inc., in 44
the amount of $795,174 for the Central Seacrest Corridor Utility Improvements Phase II project 45
increasing the Purchase Order amount to $13,609,259.37, a copy of which is attached hereto as 46
Exhibit “A”. 47
Section 3. This Resolution shall become effective immediately upon passage. 48
PASSED AND ADOPTED this _____ day of December, 2019. 49
CITY OF BOYNTON BEACH, FLORIDA 50
51
YES NO 52
53
Mayor – Steven B. Grant _____ _____ 54
55
Vice Mayor – Justin Katz _____ _____ 56
57
Commissioner – Mack McCray _____ _____ 58
59
Commissioner – Christina L. Romelus _____ _____ 60
61
Commissioner – Ty Penserga _____ _____ 62
63
VOTE ______ 64
ATTEST: 65
66
67
_____________________________ 68
Crystal Gibson, MMC 69
City Clerk 70
71
72
(Corporate Seal) 73
Page 947 of 1829
Project : Date:11/19/2019
SOV Line
item QTY Unit Price Totals
1.2.a 1 LS 34,500.00$ 34,500.00$
2.3a.w 1 LS 13,246.00$ 13,246.00$
2.3a.t 1 LS 4,654.00$ 4,654.00$
2.3b.w 1 LS 32,543.81$ 32,543.81$
2.3b.t 1 LS 11,434.31$ 11,434.31$
96,378.12$
5,782.69$
102,160.81$
7.11 1,000 SY 6.50$ 6,500.00$
7.13 3 EA 3,100.00$ 9,300.00$
7.16 11 EA 825.00$ 9,075.00$
7.23 2 EA 1,176.00$ 2,352.00$
7.25 2 EA 550.00$ 1,100.00$
7.26 25 EA 280.00$ 7,000.00$
7.29 1 EA 655.00$ 655.00$
7.36.a 18.00 EA 415.00$ 7,470.00$
7.37.a 8.00 EA 440.00$ 3,520.00$
7.49 4,124 SY 81.00$ 334,044.00$
7.50 8,618 SY 50.50$ 435,209.00$
7.57 300 SF 12.50$ 3,750.00$
7.59 230 LF 20.00$ 4,600.00$
7.60 700 LF 12.00$ 8,400.00$
8.01 122 SY 9.50$ 1,159.00$
9.06 17,700 SY 6.20$ 109,740.00$
9.07 17,700 SY 2.00$ 35,400.00$
9.14 3 EA 5,700.00$ 17,100.00$
9.20 1,200 LF 4.00$ 4,800.00$
9.21 2,700 LF 1.80$ 4,860.00$
9.22 4,900 LF 1.50$ 7,350.00$
9.24 4 EA 80.00$ 320.00$
9.25 2 EA 300.00$ 600.00$
9.26.a 2,018 LF 1.00$ 2,018.00$
9.27.a 2,700 LF 0.75$ 2,025.00$
9.29.a 4 EA 20.00$ 80.00$
10.03.a 40 EA 110.00$ 4,400.00$
10.07 5 EA 2,300.00$ 11,500.00$
10.10.a 4 EA 9,800.00$ 39,200.00$
10.16 450 LF 140.00$ 63,000.00$
10.17 8 EA 810.00$ 6,480.00$
10.18 2 EA 1,000.00$ 2,000.00$
10.19 2 EA 1,200.00$ 2,400.00$
10.20 6 EA 650.00$ 3,900.00$
10.21 2 EA 650.00$ 1,300.00$
11.32 1 EA 850.00$ 850.00$
12.11 130 EA 35.00$ 4,550.00$
12.12 55 EA 200.00$ 11,000.00$
13.02 3,500 SY 47.00$ 164,500.00$
13.04 72 EA 30.00$ 2,160.00$
13.06.a 40 HR 50.00$ 2,000.00$
13.14 60 CY 150.00$ 9,000.00$
13.18 16 EA 10.00$ 160.00$
13.19 5 EA 300.00$ 1,500.00$
13.20 1 LS 9,900.00$ 9,900.00$
13.21 1 EA 465.00$ 465.00$
14.03 570 LF 130.00$ 74,100.00$
14.04 490 LF 320.00$ 156,800.00$
14.05 330 LF 150.00$ 49,500.00$
14.12 100 LF 26.00$ 2,600.00$
14.15 2 EA 1,700.00$ 3,400.00$
14.19 5 EA 9,800.00$ 49,000.00$
14.25 250 EA 25.00$ 6,250.00$
14.29 6,100 LF 2.00$ 12,200.00$
14.32 6 EA 1,000.00$ 6,000.00$
14.33 6 EA 1,200.00$ 7,200.00$
14.34 1,917 LF 52.00$ 99,684.00$
14.35 20 EA 110.00$ 2,200.00$
14.36 6 EA 2,300.00$ 13,800.00$
14.37 16 EA 810.00$ 12,960.00$
SUBTOTAL:1,854,386.00$
Ric-Man International, Inc.
Pipe Testing and Pigging
HDD FEC RR (16" HDPE Casing and 12" HDPE)
8" PVC Open Cut
HDD US 1 (12" HDPE)
F&I perm. Sample point
F&I temp Sample point
DESCRIPTION
Additional Public Relations Services
Open cut pavement repair ASPH (3")
Install Sigelock FH including tee, fittings on 8" WM per plans (FH)
F&I GV and appurt (6" GV)
4" Water Main Cut and Cap in Place
F&I WS SHORT incl poly pip, sadl, corp & curb stp. connect service from water main to existing meter box (1")
Landscape Allowance (Task Efforts)
Landscape Allowance (Task Development)
Landscape Allowance (Task Development)
Furnish and Install 8x8x6 tee
PHASE 1 6%
PHASE 1 SUB-TOTAL
ADDITIONAL COSTS
Landscape Allowance (Task Efforts)
Ficus Hedge removal at 201 SW 11th Ave.
10" PVC Open Cut Restrained Joint
10" 22.5 deg elbow
Forcemain - West Side Inside Seacrest Neighborhood (HDPE option for HDD)
Asphalt Milling (1")
24" Thermo white stop bar
12" Thermo white x walk
Remove and Dispose of Parking Stops
USF 465 Ring & C Cover - for Manhole at 226 SW 12th Ave.
Reconstruction of failling roadways (paving part of mill & overlay Item)
12" x 10" Reducer
12" x 22.5 deg elbow
Remove large tree located at 315 SW 5th Ave.
Valley Gutter at SW 1st St from Woolbright Rd to SW 14th Ave
F&I Asph. O/L repl. Include temp pave & adj. MH
HDD Woolbright (12" HDPE)
10" GV
10" 45 deg elbow
10" 11.25 deg elbow
Flowable Fill (100 PSI)
F&I Drainage MH's w. baffles and restr. - For WM and Drainage Conflict on SE 12th Ave.
10" GV
HDD Seacrest Blvd. (12" HDPE)
10" PVC Open Cut
ARV MH (with arv)
Forcemain - East Side of FEC RR (HDPE option)
10" PVC Open Cut Restrained Joint
10" 45 deg elbow
The quantities provided below are to be added to the present quantities in the SOV. The vast majority of the additional budget below is needed to
complete the driveway apron construction within the project limits. During the first 2 months of construction, the amount of driveway aprons being
replaced was accelerated by City directives to complete apron replacement on homes where RMI had previosuly determined that the driveway was in
suficient condition to be left alone. Additionally as large number of residents have applied for second driveway apron permits which has eaten away at
our previous quantites in the SOV. This number below can be reduced if the City wishes to change the driveway replacement criteria. Forcemain
qauntities have also been adjusted to reflect the final design which has changed since initial designDescription:
CENTRAL SEACREST CORRIDOR PHASE 2
Proposed Change Order No. 10
Conc. D/W apron remove/ replace
Mistakenly added to CO #2, it was already included as a credit when phase 2 price was provided to the City.
7 Gallon Cocoplum to replace hedges removed
Density Testing
Demo of exist. Asphalt/gravel or conc. Parking area and install swale
Furnish and Install Case 2 reflectors on post 5 ft above grade at end of SW 3rd St.
Additional Survey Layout along SW 6th Ave. - Right of way corrections, plans showed wrong R/W along SW 6th
Off-Duty Police
Air Release Valves
Install Parking Stops
PHASE 1 SUB-TOTAL BEFORE 6%
Curb removal and disposal on SW 9th Ave.
8" Gate Valves
6" Dbl yellow Thermo
School Lettering THERMO
Street Signs W/Stop Signs (CONTINGENCY)
24" Temp white stop bar
12" Temp white x walk
Asphalt d/w apron removal/ replace w/ 6" concrete
School Lettering TEMP
6" Water Main Cut and Cap in Place
12" x 10" Reducer
12" x 22.5 deg elbow
6 ft Wide Concrete Sidewalk (along Seacrest Blvd)
Proposed Change Order 10 PAGE 1 OF 2
Page 948 of 1829
Overhead 3%55,631.58$
SUBTOTAL:1,910,017.58$
Contractor's Fee 6%114,601.05$
SUBTOTAL:2,024,618.63$
SUBTOTAL PH 1 102,160.81$
TOTAL ADDITIONS 2,126,779.44$
7.08 (76.50)LF 80.00$ (6,120.00)$
7.14 (1)EA 3,500.00$ (3,500.00)$
7.17 (11)EA 850.00$ (9,350.00)$
7.18 (2)EA 975.00$ (1,950.00)$
7.22 (2)EA 1,480.00$ (2,960.00)$
7.30 (1.00)EA 1,250.00$ (1,250.00)$
7.31 (60)EA 1,400.00$ (84,000.00)$
7.36 (1,492.40)EA 4.50$ (6,715.80)$
7.37 (554.05)EA 5.50$ (3,047.28)$
7.54 (1.00)EA 265.00$ (265.00)$
7.55 (23)EA 557.00$ (12,811.00)$
9.05 (1)SY 15,000.00$ (15,000.00)$
9.18 (675)SF 8.10$ (5,467.50)$
9.20 (1,200)LF 3.20$ (3,840.00)$
9.21 (2,700)LF 1.60$ (4,320.00)$
9.22 (4,900)LF 0.80$ (3,920.00)$
9.24 (4)EA 90.00$ (360.00)$
9.26 (1,200)LF 1.10$ (1,320.00)$
9.27 (2,700)LF 0.60$ (1,620.00)$
9.29 (4)EA 35.00$ (140.00)$
9.30 (5)CY 160.00$ (800.00)$
10.03 (1,665)LF 52.00$ (86,580.00)$
10.05 (2.58)TN 18,000.00$ (46,440.00)$
10.07 (4.00)EA 2,000.00$ (8,000.00)$
10.08 (1)LS 5,800.00$ (5,800.00)$
10.09 (4)EA 1,100.00$ (4,400.00)$
10.10 (4)EA 7,600.00$ (30,400.00)$
10.11 (71)EA 220.00$ (15,620.00)$
10.14 (1,900)SY 24.00$ (45,600.00)$
10.15 (777)SY 8.30$ (6,449.10)$
12.10 (80)EA 12.50$ (1,000.00)$
13.01 (50)FT 1.30$ (65.00)$
13.03 (3,900)LF 16.00$ (62,400.00)$
13.04 (39)EA 66.00$ (2,574.00)$
13.05 (1,000)FT 5.20$ (5,200.00)$
13.06 (5)HR 28.00$ (140.00)$
13.07 (10)SF 7.30$ (73.00)$
13.11 (25)EA 110.00$ (2,750.00)$
13.12 (25)EA 53.00$ (1,325.00)$
13.13 (1)EA 6,500.00$ (6,500.00)$
13.15 (3)EA 4,200.00$ (12,600.00)$
13.16 (28)EA 400.00$ (11,200.00)$
14.01 (1)LS 91,000.00$ (91,000.00)$
14.03 (115)LF 269.57$ (31,000.55)$
14.04 (100)LF 480.00$ (48,000.00)$
14.05 (120.00)LF 266.67$ (32,000.40)$
14.06 (560)LF 396.43$ (222,000.80)$
14.12 (1,958)FT 21.00$ (41,118.00)$
14.13 (895)FT 54.00$ (48,330.00)$
14.14 (57)EA 170.00$ (9,690.00)$
14.15 (3.00)EA 2,000.00$ (6,000.00)$
14.16 (22)EA 780.00$ (17,160.00)$
14.19 (3)EA 7,500.00$ (22,500.00)$
14.20 (1,400)SY 16.00$ (22,400.00)$
14.21 (1,400)SY 9.00$ (12,600.00)$
14.26 (1)LS 2,500.00$ (2,500.00)$
14.27 (1)LS 1,500.00$ (1,500.00)$
14.29 (2,853)LF 0.40$ (1,141.20)$
14.30 (1)LS 10,000.00$ (10,000.00)$
14.31 (1)LS 76,827.93$ (76,827.93)$
SUBTOTAL: (1,219,641.56)$
Overhead 3%(36,589.25)$
SUBTOTAL:(1,256,230.81)$
Contractor's Fee 6%(75,373.85)$
(1,331,604.65)$
CHANGE ORDER TOTAL 795,174.79$
1" Mill and Overlay
Pipe testing/Pigging
Trench Limerock/ Asph Patch (8"+1")
HDD Woolbright
HDD FEC R/R
HDD US-1
HDD Intracoastal Water Way
8" FM Pipeline PVC
8" FM Pipeline DIP
8" Pipe Restraints
8" GV
8" Fittings
24" Thermo white stop bar
12" Thermo white x walk
6" Dbl yellow Thermo
School Lettering THERMO
24" Temp white stop bar
12" Temp white x walk
School Lettering TEMP
Install Parking Stops
FM As-Builts
WS from rear to front of property (rear service connections)
Remove & disp. of exist. ACP including restoration
Incidentals Expenditures or Miscellaneous expenses or Varied payments or Unspecific disbursements
Off-Duty Police
135 ft Slab for Conflict on 62a
Record Drawings - Paving and Drainage
SUBTOTAL NOT USED
Connect to ex FM
Silver Button Wood (7gal)
Pavement Restoration 1"
Forcemain - West Side Inside Seacrest Neighborhood credits
10" C-900 FM Open Cut
10" Fittings/TN (NO ACC) C153
ARV MH (with arv)
MJ restriants
4" Water Main Abandoned in place/grout
6" Water Main Abandoned in place/grout
8" Pipe Burst
Furnish and Install 8x8 Cross
Flowable fill (100 psi)
Install Independent Fire Hydrants on existing mains
10" GV
F&I GV and appurt (8" GV)
Replace exist. damaged meter box
Replace exist. damages touch read lid
Additional Line-stops
F&I WS LONG incl poly pip, sadl, corp & curb stp. connect service from water main to existing meter box (1")
Water meter relocation - Single 1" W4a (from contract with Murphy)
Water meter relocation - Double 2" W4b (from contract with Murphy)
Conc. Collars
Forcemain - East Side of FEC RR credits
NOT USED
Limerock & Prime Restoration for FM (7 ft wide) - trench restoration
Air Release Valves
Survey Lay-Out
2" PVC Casing
Additional Driveways (concrete)
Furnish and Install 8x8x8 Tee
Relocate existing water meter out of right-of-way including furnish and install 1” water service including poly pipe,
saddle, corporation stop & curb stop, including all appurtenances and site restoration. Includes connecting new
service from new water main to the relocated meter box
F&I 8" x 8" TS&V
Grout existing lines (2" to 4")
Construct Intersection at SE 12 Ave & SE 1St
FM East MOBILIZATION (3)
Proposed Change Order 10 PAGE 2 OF 2
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7.C.
C ONS E NT B I D S A ND P URC HASES OV E R $100,000
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve the purchase of replac ement vehicles as authorized
in the Fiscal Year 2019-2020 budget in the estimated amount of $3,007,135 by utilizing the following contrac ts
and quotes: Florida Sheriffs Assoc iation, F S A18-V E H 16.0, F S A19-V E H 17.0, and FSA19-V E L 27.0 and
Sourcewell Contracts 040319-C E C, 062117-TTC and 122017E X P. These c ontrac ts satisfy the City 's
procurement requirements.
E X P L AN ATIO N O F R EQ U E S T:
The Fleet Administrator rec ommends the purc hase of sixty-six (66) replacement vehicles for Polic e, Utilities,
Fire, and Public W orks D epartments as authorized in the Fisc al Year 2019-2020 budget. Attac hed is a
spreadsheet indic ating vendor, number of units ordered, user department, bid/contract information and cost.
F S A18-V E H 16.0, FSA19-V E H 17.0 and FS A 19-V EL 27.0 (Effective October 1, 2019 – September 18,
2021)
Sourcewell Contracts 062117-TTC (Effective A ugust 18, 2017 – August 30, 2020), 040319-C E C (Effective
May 31, 2019 – May 31, 2023) and 2020-120716NAF (Effec tive J anuary 17, 2017 – J anuary 17, 2021)..
The Fleet Maintenanc e Division intends to award the following vendor for purchase as follows (see attached
Exhibit 1 for vendor details):
1. Duval Ford for:
Five (5) Ford F-250’s for Utilities in the amount of $155,820.00, four (4) Ford F-550’s for Utilities in
the amount of $469,872.00, three (3) Ford Esc ape AW D’s for Utilities in the amount of $86,079.00,
three (3) Ford F-350’s for Utilities in the amount of 126,255.00, three (3) Ford T-350 C argo vans for
Utilities in the amount of $135,255.00, one (1) Ford F-350 4X4 for Utilities in the amount of
$45,556.00, one (1) Ford F-250 4X4 for Utilities in the amount of $35,585.00.
One (1) Ford F-350 pic k-up for Public W orks/Fac ilities in the amount of $32,176.00, one (1) Ford T-
250 Cargo van for P W /Facilities in the amount of $36,185.00, one (1) Ford F-350 dump truc k for
P W /Memorial Park in the amount of $44,950.00, One (1) Ford F-250 Crew Cab pic k-up for
P W /P arks in the amount of $32,816.00.
Two (2) Ford Esc apes for Community S tandards in the amount of $43,588.00.
One (1) Ford Esc ape for Polic e in the amount of $21,797.00, seven (7) Ford Polic e I nterceptor
Hybrid Utilities for Polic e in the amount of $265,510.00, nine (9) Ford Polic e I nterceptor Utilities for
Police in the amount of $318,870.00, one (1) Ford T-250 Cargo van for P olice in the amount of
$29,304.00, one (1) Ford F-350 pickup for Polic e in the amount of $28,745, one (1) Ford Escape for
Recreation in the amount of $21,794.00.
These units utilize the F S A19-V E H 17.0 and FSA19-V E L 27.0 contrac ts.
2. Bobcat Company for:
One (1) Bobc at Skid Steer Tractor for Utilities in the amount of $45,494.92.
This unit utilizes the Sourc ewell 040319-C E C contract.
3. Hector Turf for:
One (1) Toro W orkman for P W /Memorial Park in the amount of $25,208.98.
Page 965 of 1829
This unit utilizes the Sourc ewell 062117-TTC contract.
4. Vermeer S outheast for:
One (1) Vermeer Brush Chipper for P W /Parks in the amount of $73,495.00.
This unit utilizes the FS A18-V E H 16.0 c ontrac t.
5. Alan J ay Fleet sales for:
Two (2) C hevy Silverado pic k-up’s for P W /P arks in the amount of $49,707.10,
One (1) C hevy Tahoe for Polic e in the amount of $33,083.00, three (3) Chevy Traverse for Police in
the amount of $75,276.18, one (1) Chevy Malibu for Police in the amount of $17,325.63, two (2)
Chevy Silverado Crew cabs for Police in the amount of $48,686.28, and one (1) Ford F-150 Police
Responder pic k-up for Police in the amount of $36,313.80, one (1) GMC Ac adia for Polic e
Department in the amount of $27,582.86.
These units utilize the F S A19-V E L 27.0 contract and Sourcewell 2020-120716NAF.
6. Green Thumb of Palm Beac h for:
One (1) Sc ag W indstorm Blower for P W /P arks in the amount of $9,153.90.
This unit utilizes three quotes.
7. W eston Nissan for:
One (1) Nissan Altima for Police in the amount of $18,870.00.
This unit utilizes the FS A19-V E L 27.0 contract.
8. Bruce Rossmey er ’s Harley Davidson for:
One (1) Harley Davidson Elec tra Glide for Polic e in the amount of $23,325.00.
This unit utilizes the FS A19-V E L 27.0 contract.
9. Bozard Ford for:
One (1) Ford T-350 Passenger van for Rec reation in the amount of $31,855.00.
This unit utilizes the FS A19-V E L 27.0 contract.
10. Southern Sewer for:
One (1) Freightliner/Vacuum for Utilities in the amount of $447,786.00.
This unit utilizes the FS A18-V E H 16.0 c ontrac t.
11. Environmental P roduc ts Group for:
One (1) Madvac Sweeper in the amount of $113,817.00.
This unit utilizes the Sourc ewell Contrac t 122017E X P.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? These sixty -six (66) replac ement
vehic les will be used throughout the City to provide services to our residents.
F IS C AL IMPAC T: Budgeted
Funding in the amount of $3,007,135 for the sixty -six (66) vehicle purchases is alloc ated in the
Fleet Replacement Fund acc ount #501-2516-519.64-33.
ALT E R N ATIV E S:
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
Page 966 of 1829
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant? No
G rant Amount:
C O N T R AC T S
V E N D O R N AME : Various Vendors - see attac hed excel list
S TAR T D ATE :
E N D D ATE :
C O N T R AC T VALU E:
MIN O R IT Y O W N E D C O N T R AC TO R?: No
E X T E N S IO N AVAIL AB L E?: No
E X T E N S IO N E X P L AN AT IO N:
Page 967 of 1829
AT TAC H ME N TS :
Type Desc ription
Addendum
Agenda Attachment - Florida Sheriff's Contracts
F S A19-V E L 27 and F S A 19 V E H 17 for
Vehicle's Listed #1
Contract Agenda Attachment - Sourc ewell 040319-C E C
for Vehicle Listed #2.pdf
Contract Agenda Attachment - Sourc ewell 062117-TTC for
Vehicle Listed #3.pdf
Contract Agenda Attachment - Florida Sherriff's Contract
F S A 18-V E H 16.0 for Vehic le Listed #4.pdf
Addendum
Agenda Attachment - Florida Sheriff's Contracts
F S A19-V E L27 and S ourcewell 2020-
120716NA F for Vehicles Listed #5
Contract Agenda Attachment - W indstorm Blower Three
Quotes for Vehic le Listed #6
Contract Agenda Attachment - Florida Sheriff's Contracts
F S A 19-V E H 27.0 for Vehic le Listed #7.pdf
Contract Agenda Attachment - Florida Sheriff's Contract
F S A 19-V E L 27.0 for Vehicle Listed #8.pdf
Addendum
Agenda Attachment - Florida Sheriff's Contract
F S A19-V E L 27.0 for Vehicle Listed #9
Addendum Agenda Attachment - Florida Sheriff's Contract
F S A18-V E H 16.0 for Vehic le Listed #10
Addendum Agenda Attachment - Sourc ewell Contract
122017E X P for Vehicle Listed #11
Addendum Agenda Attachment - Fleet Vehic les Purchased
F Y2019-20 S preadsheet
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7.D.
C ONS E NT B I D S A ND P URC HASES OV E R $100,000
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Approve Phase I I of Task Order UT-1E-02 with Gentile Glas
Holloway O’Mahoney, in the amount of $83,722.96 in acc ordance with RFQ No. 046-2821-17/TP, General
Consulting Servic es Contract, Sc ope Category E awarded by City Commission on August 7, 2018 to
perform the final engineering design for the site improvements at Meadow's Park. The original task order was
for $15,358.12. The amended task order amount will be $99,081.08.
E X P L AN ATIO N O F R EQ U E S T:
Utilizing the General C onsulting Services Contrac t (RFQ No. 046-2821-17/TP ), the C ity contracted with
Gentile Glas Holloway O’Mahoney and Associates, I nc., on February 11, 2019 for Phase I of the project.
Phase 1 included a developing a c onceptual plan that inc reases the number of parking spaces and various
site improvements (see attac hment 1 - Phase 1 proposal).
On J une 24th the City of Boy nton Beach Rec reation & Parks Advisory Board approved the Phase 1
conc eptual plan.
Staff rec ommends moving forward to the second phase of the projec t; turning the conc eptual design to final
design and construction plans. The parks improvements include but are not limited to:
Expanded parking
Rehabilitated asphalt walking path
Site lighting
Security upgrades
Regraded multipurpose play field
I rrigation modifications
Site drainage improvements
Off-site driveway and swale improvements
Landscaping improvements
Replac ement of all benc hes, trash cans, picnic tables, and grills, and
Correction of AD A acc ess issues
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? This project will provide much needed
parking and replace failing improvements in the park.
F IS C AL IMPAC T: Budgeted
Funding in the amount of $150,000 dollars are budgeted in projec t number RP 1842 in acc ount number 303-
4216-572.62.01 for fisc al y ear 19/20.
Construction will not commence until funding is authorized as proposed in the capital improvement plan in
fisc al y ear 20/21.
ALT E R N ATIV E S: D efer the design to a future year and make inc remental repairs in the short term.
Page 1487 of 1829
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Attachment Attachment 1 - P hase 1 Proposal
Attachment Attachment 2 - P hase 2 Proposal
Attachment Attachment 3 - 2GHO exec uted agreement
Drawings Conceptual P lan
Page 1488 of 1829
SCOPE FOR PROFESSIONAL
PLANNING AND LANDSCAPE ARCHITECTURAL
SERVICES
Client: Gary Dunmyer, City Engineer
Public Works, Engineering
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
PH. 561-742-6231
dunmyerg@bbfl.us
Mail to:
P.O. Box 310
Boynton Beach, FL 33425
Re: Professional Landscape Architectural Services to develop additional parking and redefine the
walking trail for Meadows Park, located on Congress Avenue in Boynton Beach, FL.
Job Name: Meadows Park
Date: February 11, 2019 Job Number: 19-0113
This is to confirm the authorization to the business entity Gentile Glas Holloway O’Mahoney &
Associates, Inc., Landscape Architects, Planners, Environmental Consultants (Consultant) for the
performance of Professional Planning and Landscape Architectural Services. The scope of requested
services is described herein:
1. Agreement for Services:
The Consultant agrees to provide conceptual design services to the Client as more fully described in the
Scope of Work, and the Client agrees to compensate the Consultant for those services under the terms
of this Agreement. The Consultant’s services shall be performed in a manner consistent with that degree
of skill and care ordinarily exercised by practicing design professionals performing similar services in the
same locality, at the same site and under the same or similar circumstances and conditions. The
Consultant makes no other representations or warranties, whether expressed or implied, with respect to
the services rendered hereunder.
The Owner is the City of Boynton Beach. The scope of work includes evaluating the existing Meadows
Park to determine where additional parking could be provided. The walking trail layout will be evaluated
and modified to prove a specific length of trail with markers. The pedestrian connections will be
reviewed for accessibility. Bench locations and arrangements will be reviewed and supplemented.
Parking 0lot lighting will be addressed.
TASK 1: CONCEPTUAL DESIGN
A. CONCEPTUAL DESIGN: The Consultant shall prepare Conceptual Design Plan(s) of the
subject property based upon the Owner program, site constraints, cultural conditions and
professional design expertise. Said plans shall delineate existing hardscape elements
including vehicular and pedestrian paving areas, landscape walls and fences as well as the
existing plant material and the proposed landscape plant massing and trees to convey, in a
general manner, the landscape site design concept as envisioned by the Consultant and
required by code. These plans shall be presented to the Client with preliminary cost estimates
at which time comments and changes will be incorporated into the final design concept, the
Design Development documents. Design base will be an aerial if no record drawings are
located.
B. DESIGN DEVELOPMENT: The Consultant shall prepare Design Development documents
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based upon the Client approval at the Conceptual Design stage. Documents will include a site
plan and landscape plan addressing additional parking, trail reconfiguration and other site
modification. Plans shall be presented to the Client for feedback and comment.
DELIVERABLES: Conceptual Plan Options
Final Concept Plan/Design Development Documents
Probable Costs
FIXED FEE: $ 7,034.72
REIMBURSEMENT ALLOWANCE: $ 250.00
SCHEDULE: 4 Weeks
TASK 2: CONSTRUCTION DOCUMENTATION
Team meetings of up to 12 hours are included in this portion of the contract. Up to 10 set of
check or final plans full size will be included. Base work will be based upon a survey by others.
A. SITE LAYOUT PLAN & DETAILS: The Consultant shall prepare a Site Layout Construction
Drawing for said project at a scale to be determined by the Consultant. The document shall
delineate and locate all proposed and existing hardscape elements which include but not
limited to the parking, sidewalks, trail, benches, retaining walls and area lighting. The plan shall
be suitable layout with general elevations as needed in conjunction with the drainage
engineering. Typical cross sections of the trail/sidewalks will be included. Light poles and
benches will be specified. The plans will be submitted to the Owner for a final review and
comment.
B. LANDSCAPE PLAN: The Consultant shall prepare a Final Landscape Construction Drawing for
said project at a scale to be determined by the Consultant for those areas affected by the
proposed parking changes/additions only. The document shall delineate and locate all
proposed landscape plantings. Said Landscape plans will include type, size, spacing and
Florida grade of all plants at the time of planting. The design will conform to applicable
agencies and be suitable for bidding. Irrigation refurbishment will be handled through notes. It
will be submitted to the Owner for a final review and comment.
C. IRRIGATION PLAN: The Consultant shall prepare an Irrigation Plan for the proposed/modified
areas of the parking lot. The document will locate and specify irrigation heads, valves and
other equipment as needed to modify the existing system.
DELIVERABLES: 50% Construction Documents
90% Construction Documents
100% Construction Documents
Probable Cost update with each area
3 Team Meetings
FIXED FEE: $ 7,923.40
REIMBURSEMENT ALLOWANCE: $ 150.00
SCHEDULE: 6 Weeks
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Compensation by Client to Gentile Glas Holloway O’Mahoney & Associates, Inc. for these
professional services will be based upon:
Compensation: As noted above
Compensation for services rendered by the Consultant, for additional services requested by the
Client shall be hourly based upon the following hourly rates plus reimbursable expenses as
described herein.
See Exhibit A for contractual hourly rates
A. All other provisions of our existing general consulting services agreement #18-0706 dated August
20th, 2018 shall apply to this authorization of services.
B. See Attached Exhibit A for compensation.
Compensation by Client to Gentile Glas Holloway O’Mahoney & Associates, Inc. for these
professional services will be based upon:
Compensation:
1. Reimbursable Expenses: Allowance.
2. Client's Responsibilities:
The Client shall be responsible for the following:
A. The Client shall provide full information concerning the Scope of Work, shall set forth the
Client's objectives, restraints, and criteria.
B. The Client shall provide the Consultant with a certified copy of a survey. The Consultant
shall rely on the accuracy of this survey in the performance of his work under this
Agreement.
C. The Client shall provide the Consultant with all other engineering studies, reports and
architectural drawings as may be necessary for submission to the local governments
having jurisdiction over the development of the property. The Consultant shall rely on the
accuracy of these items in the performance of his work.
3. Payment for Services:
The Consultant shall bill the Client for its services and reimbursable costs due under this Agreement
at such times as it shall deem proper. All invoices are due and payable upon receipt by the Client.
Interest, at a rate of 1.5% per month, shall accrue on invoices outstanding more than 30 days. The
Consultant will stop all work per this Agreement on invoices past due 30 days. Work will not
commence until all past due invoices are paid in full. The Consultant assumes no responsibility for
damages, financial, physical or other, because of work being stopped.
4. Termination of Agreement:
This Agreement is terminable anytime upon notice of the Client or the Consultant to the other party.
Termination of this Agreement, however, shall not relieve the Client of any responsibility for
payment for any services performed by the Consultant before receipt of the notice of termination.
5. Extent of Agreement:
This Agreement represents the entire Agreement between the Client and the Consultant concerning
the Scope of Work and may be amended only by written instrument signed by the Client and the
Consultant. In all respects, the laws of the state shall govern this Agreement of Florida and venue
concerning any dispute that may arise under it shall be in Palm Beach County, Florida.
6. Limits of Liability:
The Consultant or his consultants shall not be liable to the Client for indirect, special, reliance,
incidental, consequential or exemplary damages (other than personal injury damages) arising out of
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or concerning the performance of the services for this Agreement beyond the amount of fees paid
for such services. Pursuant to this section, an individual employee or agent of
the Consultant may not be held individually liable for negligence
arising out of or concerning the performance of the services for
this Agreement.
The Consultant shall not be responsible for monitoring site plan approval status beyond the date of
approval by the local jurisdiction having authority over the project. (Most site plan approvals expire
18-24 months after final approval.)
7. Miscellaneous Provisions
A. This Agreement is governed by the law of the Consultant’s Principal place of business.
B. This Agreement is the entire and integrated agreement between the Client and The Consultant
and supersedes all prior negotiations, statements or agreements, either written or oral. The
parties may amend this agreement only by a written instrument signed by both the Client and the
Consultant.
C. In the event that any term or provision of this agreement is found to be unenforceable or invalid
for any reason, the remainder of this agreement shall continue in full force and effect, and the
parties agree that any unenforceable or invalid term or provision shall be amended to the
minimum extent required to make such term or provision enforceable and valid.
D. Neither the Client nor the Consultant shall assign this agreement without the written consent of
the other.
E. Irrespective of any other term in this agreement, the Consultant shall not be responsible for
construction means, methods, techniques, schedules, sequences, or procedures; or for
construction safety, or any other related programs; or for another party’s failure to complete their
work or services in accordance with the Consultant’s documents.
F. Client agrees to indemnify, defend and hold harmless the Consultant from and against any and
all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to,
reasonable attorneys; fees and all legal expenses and fees incurred through appeal, and all
interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on
account of any damages or losses to property or persons, including injury or death, or economic
losses, arising out of the Project and/or this agreement, except that the Consultant shall not be
entitled to be indemnified to the extent such damages or losses are found by a court or forum of
competent jurisdiction to be caused by the Consultant’s errors or omissions.
G. Should any legal proceeding be commenced between the parties to this agreement seeking to
enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in
such proceeding shall be entitled, in addition to such other relief as may be granted, to a
reasonable sum for attorneys’ and expert witnesses’ fees, which shall be determined by the
court or forum in such a proceeding or in a separate action brought for that purpose.
H. The Client and the Consultant waive consequential damages for any claims, disputes or other
matters in question arising out of or relating to this agreement. The Consultant’s waiver of
consequential damages, however, is contingent upon the Client requiring the contractor and its
subcontractors to waive all consequential damages against the Consultant for claims, disputes
or other matters in question arising out of or relating to the project.
I. To the extent that damages are covered by property insurance during construction, the Client
and Consultant waive all rights against each other and against the contractors, consultants,
agents, and employees of the other for such damages. The Client or Consultant, as
appropriate, shall require of the contractors, consultants, agents and employees of any of them
similar waivers in favor or the other parties described in this paragraph.
J. The Client acknowledges and agrees that proper Project maintenance is required after the
Project is complete. A lack of improper maintenance for this Project may result in damage to
property and or persons. The Client further acknowledges that, as between parties to this
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agreement, the Client is solely responsible for the results of any lack of or improper
maintenance.
K. Nothing in this agreement shall create a contractual relationship for the benefit of any third party.
8. Ownership of Instruments of Service:
Drawings, specifications and other documents, including those in electronic form, prepared by the
consultant and the Consultants Sub-consultants are Instruments of Service for use exclusively to
this Project. The Consultant and the Consultants Sub-consultants shall be deemed the authors and
owners of their respective Instruments of Service and shall retain all common law, statutory and
other reserved rights, including copyrights.
9. Retainer:
The Client shall pay a retainer in the amount of Zero Dollars ($0.00) upon commencement of
services or authorization of additional work under this Agreement. Said retainer shall be credited to
the last invoice for service.
Confirmation Order
City of Boynton Beach
By:
Name
Title
Date:
Gentile Glas Holloway O’Mahoney
& Associates, Inc. (Consultant)
By:
Emily M. O’Mahoney, FASLA, PLA
LEED AP®BD+C
Title: Partner/Secretary
Date:
February 11, 2019
Page 1493 of 1829
Meadows Park Refurbishment
City of Boynton Beach 2GHO PROJECT NO. 19-0113
WORK ELEMENT
Sr.
Principal
Sr.
Landscape
Architect/Sr
. Irrigation
Designer
Landscape
Architect/Irr
igation
Designer
CADD
Draftman
Administr
ative
Hourly Rate:$166.00 $122.30 $102.96 $74.00 $37.13 SUBTOTALS REIMBURSABLES
Task 1 Conceptual Design 24.0 16.0 2.0 12.0 0.0 $7,034.72 $250.00
Task 2 Construction Documentation 4.0 22.0 30.0 20.0 0.0 $7,923.40 $150.00
$0.00
$0.00
TOTAL Hours 28.0 38.0 32.0 32.0 0.0 130.00 N/A
FEE Estimate $4,648.00 $4,647.40 $3,294.72 $2,368.00 $0.00 $14,958.12 $400.00
SUBTOTAL SERVICES
SUBTOTAL ESTIMATED EXPENSES
TOTAL PROJECT COST
$14,958.12
$400.00
$15,358.12
EXHIBIT "A"
COMPENSATION
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CONFIRMATION OF ADDITIONAL
PROFESSIONAL SERVICES
Client: Gary Dunmyer, City Engineer
Public Works, Engineering
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
PH. 561-742-6231
dunmyerg@bbfl.us
Mail to:
P.O. Box 310
Boynton Beach, FL 33425
Re: Professional Services to develop additional parking and redefine the walking trail for Meadows Park,
located on Congress Avenue in Boynton Beach, FL.
Job Name: Boynton Beach Meadows Park Parking & Trail Expansion Add’l
Date: July 17, 2019 Job Number: 19-0113.1
Revised November 14, 2019
This is to confirm the authorization to the business entity Gentile Glas Holloway O’Mahoney &
Associates, Inc., Landscape Architects, Planners, Environmental Consultants (Consultant) for the
performance of Professional Planning and Landscape Architectural Services. The scope of requested
services is described herein:
1. Agreement for Services:
The Consultant agrees to provide conceptual design services to the Client as more fully described in the
Scope of Work, and the Client agrees to compensate the Consultant for those services under the terms
of this Agreement. The Consultant’s services shall be performed in a manner consistent with that degree
of skill and care ordinarily exercised by practicing design professionals performing similar services in the
same locality, at the same site and under the same or similar circumstances and conditions. The
Consultant makes no other representations or warranties, whether expressed or implied, with respect to
the services rendered hereunder.
A. All other provisions of our existing general consulting services agreement dated February 11th, 2019
shall apply to this authorization of services.
B. See original contract #19-0113 for other specific requirements.
SCOPE OF WORK: The Design Team will take the park from the Concept Design level through construction
administration. The existing park will have the existing parking expanded and reconfigured along with an
additional parking area north of the tennis courts.
The Design Team will take the park from the Concept Design level through construction administration. The
existing parking will be totally reconfigured with additional parking on the north end. The existing trail will be
reconfigured when needed to adjust to the revised parking and will be lit with bollards. There is an option to
light the new multi-purpose play field. The new parking areas will be designed using new full cut-off type LED
fixtures with none of the pole or fixtures being saved. The existing parking lighting will be reviewed. Sign
and irrigation requirements will be coordinated and incorporated. Photometrics will be provided when
required.
The revised proposal is addressing the additional scope outlined below:
1. Meadows Blvd.: within the r/w, regrade the swales and design the sidewalk on the south side to be
compliant with today’s standards of separation, FDOT Greenbook. Additional survey work required.
2. Changing the bollard design for post-lighting around the trail system.
3. Site plan will call for replacement of benches, picnic tables and trash cans where recommended.
4. Cost alternative for laser grading of the ball field at time of cost estimating.
5. Geotechnical report for exfiltration trench.
6. Restroom refurbishment and an added IT space for new security features.
7. Add two soccer nets for U12 players to plan and as part of the cost estimate.
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8. Add a security system including Avigilon CCTV and PTZ cameras, LPR’s and call boxes.
9. Permitting with LWDD and SFWMD for the new drainage.
Excluded:
Government Fees
Identification of and/or abatement design for hazardous materials.
Field verification of existing concealed conditions.
Review of or upgrades to existing sports lighting.
Design of lighting for new or upgraded play fields or other recreational areas.
Changes in design documents due to Value Engineering.
More than one phase during Construction Administration Services.
Off-site utility improvements.
Existing wetland impact permitting.
SFWMD Dewatering permit.
Survey beyond the additional noted above.
Travel outside of Palm Beach County.
The Design Team will produce the following documents:
1. Survey for Meadows Boulevard.
2. Site Plan (guiding document) of park and Meadows Boulevard showing the additional parking and
site improvements including realigned right-of-way sidewalk;
3. Landscape Plan for the new parking areas, the new trail segments, play field and any other
reconfigured areas;
4. Tree Determination Plan showing the inventory and direction of any trees affected by the
improvements;
5. Civil Engineering – Paving, Grading and Drainage for the new parking areas, the ball fields, trail and
walkways, and Meadows Boulevard;
6. Geotechnical for exfiltration drainage;
7. Electrical Engineering – Site Lighting design and Photometrics for the new parking areas, the trail
bollards and or post lighting, security cameras, and;
8. Architectural renovation of the restrooms and addition of an air conditioned security equipment
room, and;
9. Irrigation Plans for the parking and affected areas.
TASK 1: ADDITIONAL SURVEY: Survey of the adjacent segment of Meadows Boulevard right-of
way.
DESIGN DEVELOPMENT: The Consultant Team shall prepare Design Development
documents based upon the Client approval of the Schematic Design (previous contract).
Documents will include a site plan with relevant tabular information, engineering plan with
grading and drainage for two new parking areas, parking lot lighting plan and a landscape
plan. Plans shall be presented to the Client for feedback and comment.
SITE PLAN SUBMITTAL: The Consultant shall assist the Client in preparation of an
application for an administrative site plan review for the project referenced above. The
following items will be prepared by the Consultant at a level required by the City of Boynton
Beach for review:
A. Assist the Client in preparing a site plan package including drainage statement, site
plan, paving and drainage engineering plans along with landscape plans based upon
the Client provided program delineating all the existing and proposed site features as
required for the application for site plan review, including up to one (1) revision of the
site plan package if applicable, after submission.
B. Assist the Client with the preparation of application forms for site plan review.
C. Assist the Client in coordination of all responses to requests for additional information
by the City of Boynton Beach.
DELIVERABLES: Design Development level documents including Site Plan and
Landscape Architecture
Grading, Drainage and Paving Plan
Drainage Report
Conceptual Lighting Plan & Photometrics
Optional: Sports Lighting
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Site Plan Application Package submittal and revisions
Two Client meetings
One set of revisions
SCHEDULE: 4 Weeks for Submittal + 60-90 Days for Submittal Processing
TASK 2: CONSTRUCTION DOCUMENTATION: The Consultant Team shall prepare construction
level plans, elevations and details suitable for permitting and building of the project. Site,
Paving and Drainage, Landscape Plans, Electrical Engineering Plans will be signed and
sealed for permit submissions as required.
DELIVERABLES: Construction Set of Documents 50%
Construction Set of Documents 90%
Construction Set of Documents 100%
Probable Costs
Up to two Client Meetings
SCHEDULE: 10 Weeks
TASK 3: PERMITTING: The Consultant Team shall prepare and submit for required drainage and
engineering permits as may be required.
DELIVERABLES: Agency Engineering Permits
Agency meetings as may be required
SCHEDULE: 10 Weeks
TASK 4: CONSTRUCTION ADMINISTRATION/SHOP DRAWINGS: The Consultant Team will
provide minimal Construction Administrative services to support the Client’s Team. The
following will be provided:
A. One set of minor revisions to Final Construction Plans.
B. General Contractor kick off meeting.
C. Initial landscape contractor meeting.
D. Review and approval/rejection of all trees, on site, prior to planting to affirm grade
compliance.
E. Site Meetings (maximum 9 visits /Civil Engineer, 4 Electrical Engineer, 7
Landscape Architect, 5 Architect).
F. Review shop drawings.
G. Application for Payment review (Civil Engineer).
H. Inspections and Tests (Civil Engineer).
I. Completion of Construction Certifications (Civil Engineer, Architect).
J. Substantial Completion walk-through and punch lists.
K. Final Completion walk-through and certification as appropriate.
DELIVERABLES: Shop drawing review as needed
One set of revisions to 100% Construction Documents
SCHEDULE: As Needed
TASK 5: ADDITIONAL SERVICES: The Consultant shall provide additional services if requested
upon written authorization by the Client under this Agreement. Said services may
include, however not be limited, to the following:
A. Environmental permitting and/or mitigation planning.
B. Mechanical Engineering
C. Impact review processing and documentation.
D. Land Use Amendment and Rezoning
E. Landscape maintenance program
F. Major changes, to the design after Client approval of the conceptual stage, that are
not the direct responsibility of the Consultant.
Page 1497 of 1829
Boynton Beach Meadows Park / Job No. 19-0113.1
July 17, 2019; Revised November 14, 2019
Page 4 of 5
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G. Bidding and Negotiations.
H. Additional meetings not covered within this proposal.
I. Public Hearings and Presentations other than noted in the proposal.
J. Large Scale Site Plan Approval process.
Compensation by Client to Gentile Glas Holloway O’Mahoney & Associates, Inc. for these
professional services will be based upon:
COMPENSATION
A. Compensation for services rendered by the Consultant Team, TASK 1 Design Development
shall be a fixed fee of Twenty-Eight Thousand Five Hundred Twenty-Six Dollars and Forty-Six
Cents ($28,526.46) including reimbursable as below:
FIRM FEE
2GHO (Land Planning & Landscape Architectural) $12,500.00
Engenuity Group, Inc. (Civil) $ 9,700.00
Ronald L. Levinson, P.E. (Electrical) $ 3,500.00
Stephen L. Boruff (AIA Architects + Planners) $ 1,778.00
2GHO Coordination (7%) $ 1,048.46
B. Compensation for services rendered by the Consultant Team, TASK 2 Construction
Documentation shall be a fixed fee of Twenty-Six Thousand Eight Hundred Two Dollars and
Thirty-Five Cents ($26,802.35) including reimbursable expenses as below:
FIRM FEE
2GHO (Land Planning & Landscape Architectural) $ 8,500.00
Engenuity Group, Inc. (Civil) $ 8,500.00
Ronald L. Levinson, P.E. (Electrical) $ 4,525.00
Stephen L. Boruff (AIA Architects + Planners) $ 4,080.00
2GHO Coordination (7%) $ 1,197.35
OPTIONAL: Sport Field Lighting
Ronald L. Levinson, P.E. (Electrical) $ 2,500.00
C. Compensation for services rendered by the Consultant Team, TASK 3 Permitting shall be a
fixed fee of Eight Thousand Four Hundred Twelve Dollars and Eighty-Two Cents ($8,412.82)
including reimbursable expenses as below:
FIRM FEE
2GHO (Land Planning & Landscape Architectural) $ 2,500.00
Engenuity Group, Inc. (Civil) $ 5,000.00
Ronald L. Levinson, P.E. (Electrical) $ 0.00
Stephen L. Boruff (AIA Architects + Planners) $ 526.00
2GHO Coordination (7%) $ 386.82
D. Compensation for services rendered by the Consultant Team, TASK 4 Construction
Administration shall be a fixed fee of Nineteen Thousand Nine Hundred Eighty-One Dollars
and Thirty-Three Cents ($19,981.33) Including reimbursable expenses as below:
FIRM FEE
2GHO (Land Planning & Landscape Architectural) $ 6,800.00
Engenuity Group, Inc. (Civil) $ 8,100.00
Ronald L. Levinson, P.E. (Electrical) $ 3,100.00
Stephen L. Boruff (AIA Architects + Planners) $ 1,119.00
2GHO Coordination (7%) $ 862.33
REIMBURSABLE EXPENSES
*Reimbursable fees include printing, mailing, local mileage and long distance calls are included in
the scope.
Page 1498 of 1829
Boynton Beach Meadows Park / Job No. 19-0113.1
July 17, 2019; Revised November 14, 2019
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Compensation by Client to Gentile Glas Holloway O’Mahoney & Associates, Inc. for these
professional services will be based upon:
Confirmation Order
City of Boynton Beach
By:
Name
Title
Date:
Gentile Glas Holloway O’Mahoney
& Associates, Inc. (Consultant)
By:
Emily M. O’Mahoney, FASLA, PLA
LEED AP®BD+C
Title: Partner
Date:
November 14, 2019
Page 1499 of 1829
Meadows Park Refurbishment11.14.20192GHOCity of Boynton Beach2GHO PROJECT NO. 19-0113.1Meadows ParkWORK ELEMENTPrincipalSenior Landscape ArchitectSenior PlannerLandscape Architect/ Irrigation Designer PlannerInspector (Zoning & Landscape)CADD DraftmanAdministrativeHourly Rate:$166.00 $122.30 $129.40 $102.96 $76.27 $78.90 $74.00 $37.13Task 1 Design Development/ Site Plan 16.0 25.0 17.0 14.0 6.0 0.0 34.0 2.0 $12,402.62 $97.38$12,500.00Task 2 Construction Documentation2.0 20.0 0.0 39.0 0.0 0.0 22.0 1.0 $8,458.57 $41.43$8,500.00Task 3 Permitting2.0 8.0 0.0 0.0 4.0 0.0 10.0 2.0 $2,429.74 $70.26$2,500.00Task 4 Construction Administration2.0 12.0 0.0 17.0 0.0 38.0 0.0 2.0 $6,622.38 $177.62$6,800.00TOTAL Hours 22.0 65.0 17.0 70.0 10.0 38.0 66.0 7.0 295.00 N/AFEE Estimate$3,652.00 $7,949.50 $2,199.80 $7,207.20 $762.70 $2,998.20 $4,884.00 $259.91 $29,913.31 $386.69SUBTOTAL SERVICESSUBTOTAL ESTIMATEDOVERHEAD2GHOTOTAL PROJECT COST$83,722.96$33,794.96Meadows ParkEXHIBIT "A"COMPENSATION2GHO$29,913.31$3,494.96SUBTOTALSREIMBURSABLES$386.69K:\Company Information\Client Proposals\City of Boynton Beach\Meadows Park\Meadows Park Hourly TeamPage 1500 of 1829
Meadows Park Refurbishment11.14.20192GHOCity of Boynton Beach2GHO PROJECT NO. 19-0113.1Meadows ParkEngenuitySr. PrincipalProject ManagerProject Engineer Sr. Field RepProf. Land surveyorAuto CAD Tech2 Person Survey Cew Geotech$166.00 $131.00 $114.00 $112.00 $122.00 $100.00 $135.00 $100.005.0 20.0 23.0 0.0 2.0 9.0 10.0 10.0 $9,566.00 $134.00$9,700.007.0 25.0 35.0 0.0 0.0 0.0 0.0 0.0 $8,427.00 $73.00$8,500.004.0 15.0 20.0 0.0 0.0 0.0 0.0 0.0 $4,909.00 $91.00$5,000.004.0 21.0 30.0 10.0 0.0 0.0 0.0 0.0 $7,955.00 $145.00$8,100.0020.0 81.0 108.0 10.0 2.0 9.0 10.0 10.0 250.00 N/A$3,320.00 $10,611.00 $12,312.00 $1,120.00 $244.00 $900.00 $1,350.00 $1,000.00 $30,857.00 $443.00$30,857.00Engenuity$30,857.00$30,857.00$443.00$31,300.00SUBTOTALSREIMBURSABLESMeadows ParkEXHIBIT "A"COMPENSATIONK:\Company Information\Client Proposals\City of Boynton Beach\Meadows Park\Meadows Park Hourly TeamPage 1501 of 1829
Meadows Park Refurbishment11.14.20192GHOCity of Boynton Beach2GHO PROJECT NO. 19-0113.1Meadows ParkLevinsonSr. Principal DesignerDraftsperson Clerical$195.00 $140.00 $85.00 $45.003.0 12.0 14.0 1.0 $3,500.00 $0.00$3,500.003.0 15.0 21.0 1.0 $4,515.00 $10.00$4,525.000.0 0.0 0.0 0.0 $0.00 $0.00$0.005.0 13.0 2.0 3.0 $3,100.00 $0.00$3,100.0011.0 40.0 37.0 5.0 93.00 N/A$2,145.00 $5,600.00 $3,145.00 $225.00 $11,115.00 $10.00LevinsonEXHIBIT "A"COMPENSATIONMeadows ParkSUBTOTALSREIMBURSABLES$11,115.00$10.00$11,125.00K:\Company Information\Client Proposals\City of Boynton Beach\Meadows Park\Meadows Park Hourly TeamPage 1502 of 1829
Meadows Park Refurbishment11.14.20192GHOCity of Boynton Beach2GHO PROJECT NO. 19-0113.1Meadows ParkBoruffSenior ArchitectProject ManagerArchitectural CADD TechnicianClerical/ Administrative2GHO 7% Coordination$165.00 $131.50 $74.00 $37.130.074.0 4.0 8.0 0.0 $1,778.00 $0.00$1,778.00 $1,048.46 $28,526.464.0 8.0 32.0 0.0 $4,080.00 $0.00$4,080.00 $1,197.35 $26,802.350.0 4.0 0.0 0.0 $526.00 $0.00$526.00 $386.82 $8,412.822.0 6.0 0.0 0.0 $1,119.00 $0.00$1,119.00 $862.33 $19,981.3310.0 22.0 40.0 0.0 72.00 N/A$1,650.00 $2,893.00 $2,960.00 $0.00 $7,503.00 $0.00$3,494.96 $83,722.96BoruffMeadows ParkEXHIBIT "A"COMPENSATIONTOTAL BY TASKSUBTOTALSREIMBURSABLES$7,503.00$0.00$7,503.00K:\Company Information\Client Proposals\City of Boynton Beach\Meadows Park\Meadows Park Hourly TeamPage 1503 of 1829
2019-11-05 Proposal
Project No. 19127.01
Page 1 of 3
October 09, 2019
Revised: November 5, 2019
Emily M. O’Mahoney, FASLA, PLA, LEED AP, BD&C
Partner
Gentile, Glas, Holloway, O’Mahoney & Associates, Inc.
1907 Commerce Lane, Suite 101
Jupiter, FL 33458
(Via email: emily@2gho.com)
RE: Professional Civil Engineering Services
Meadows Public Park
Boynton Beach, Florida
Engenuity Group, Inc. Project No. 19127.01
Dear Ms. O’Mahoney:
We are pleased to offer this proposal to render Professional Civil Engineering
services in connection with the above referenced project.
Engenuity Group, Inc. will prepare paving, grading and drainage construction
plans for Meadows Public Park, located at 4305 N Congress Ave., Boynton
Beach. Our plan will be consistent with the conceptual site development plan
prepared by your office and provided for this proposal. It will also include swale
grading and sidewalk revisions on Meadows Blvd. from the Park entrance to
Congress Ave. on both sides.
Our services as set forth in Exhibit “A” will be providing for a lump sum of
$31,300.00 based on the following distribution of compensation:
Task 1: Design Development/Site Plan Package/Additional Survey $ 8,700.00
Task 2: Construction Documentation $ 8,500.00
Task 3: Agency Permitting $ 5,000.00
Task 4: Construction Administrative Services $ 8,100.00
Task 5: Geotechnical Allowance $ 1,000.00
Permit Fees, Reproduction Charges and Reimbursable Expenses
The Total Contract Price does not include the payment of any governmental
agency submittal or processing fees. The cost of these fees and any costs
Page 1504 of 1829
2019-11-05 Proposal
Project No. 19127.01
Page 2 of 3
incurred by the office for printing, reproduction and other reimbursable
expenses such as long-distance telephone calls, facsimile, postage, travel, and
document copy charges will be billed to the client monthly.
Invoicing and Payment
Work will be invoiced on a monthly basis for work completed to date. Invoice
shall be paid in full by the Client within thirty (30) days of the invoice date, unless
within such thirty (30) day period, Client notifies Engenuity Group, Inc. in writing
of its objection to the amount of said invoice. Such notice shall be
accompanied by payment of any undisputed portion of said invoice. If written
objection is not received within thirty (30) days, it shall constitute approval of
invoice by Client. If the payment is not received within thirty (30) days of billing
date, a late charge will be added to the invoice in the amount of 1½ percent
per month on the outstanding balance. If payment is not received within sixty
(60) days of the invoice date, work may be suspended on the project until the
outstanding invoice(s) are paid in full.
This proposal and Exhibit “A” represent the entire understanding between you
and us with respect to the Project. If this satisfactorily sets forth your
understanding of our agreement, please respond with authorization to proceed.
If you have any questions, please do not hesitate to contact us.
PURSUANT TO FLORIDA STATUTES § 558.0035 (2013) AN INDIVIDUAL
EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR
NEGLIGENCE.
Sincerely, Approved by,
Adam Swaney, P.E. Keith B. Jackson, P.E.
Director of Engineering Vice President
Page 1505 of 1829
2019-11-05 Proposal
Project No. 19127.01
Page 3 of 3
Authorization: Professional Civil Engineering Services
Meadows Public Park
Boynton Beach, Florida
Engenuity Group, Inc. Project No. 19127.01
By: Date:
(Name & Title)
For:
(Name of Company)
Contract Amount: $31,300.00
Page 1506 of 1829
EXHIBIT “A” – ENGINEER’S SERVICES
EXHIBIT “A”
Meadows Public Park
Boynton Beach, Florida
Engenuity Group Project No. 19127.01
SURVEYING SERVICES:
A1.01 Topographic Survey
A. Provide a topographic survey on both sides of Meadows Blvd from park
entrance to Congress Avenue.
ENGINEER’S SERVICES:
A1.02 Design Phase Services
A. Meet with OWNER to define and clarify OWNER’S requirements for the
Project and available data.
B. Prepare drawings indicating the scope, extent, and character of the
paving, drainage, and grading work to be performed and furnished by
the CONTRACTOR. A geotechnical allowance has been included for
exfiltration percolation test.
C. Prepare specifications in note format on plans.
D. Attend up to two (2) coordination meetings.
E. Prepare a horizontal control plan.
F. Prepare a Pollution Prevention Plan.
G. Provide technical criteria, written descriptions, and design data for filing
applications for permits from the following governmental authorities
having jurisdiction to review or approve the design of the Project:
1. South Florida Water Management District –Self Certification
2. City of Boynton Beach Engineering Dept. - Paving and Drainage
3. NPDES – Stormwater Notice of Intent
4. Lake Worth Drainage District – Drainage
H. Items to be furnished by OWNER:
Page 1507 of 1829
EXHIBIT “A” – ENGINEER’S SERVICES
1. Topographic survey of site in AutoCAD 2015 format (previously
completed by Engenuity Group, Inc.).
I. This proposal does not include the following:
1. The design of any offsite turn lanes, road widening, median
adjustments, and water main or force main improvements. No on
site water or sewer design is anticipated.
2. Preparation of any permitting related to any impacts to the existing
wetlands onsite and offsite.
3. Preparation of a South Florida Water Management District
dewatering permit application.
4. Reproduction of drawings and specifications for CONTRACTOR’S
use during construction.
5. Travel outside of Palm Beach County for meetings.
6. Survey including boundary, topography, platting, and construction
layout, and record drawings. Meadows Blvd is included.
7. Design of landscaping, irrigation, and lighting.
8. Coordination of new or relocated electrical, gas, telephone, and TV
services.
9. Environmental analysis including wetlands, uplands, or
contamination.
A1.03 Construction Phase Services
A.Preconstruction Conference. Attend a Preconstruction Conference prior to
commencement of Work at the Site.
B.Visits to Site and Observation of Construction. In connection with
observations of CONTRACTOR’S work in progress while it is in progress:
1. Make no more than nine (9) visits to the site at intervals appropriate
to the various stages of construction, as ENGINEER deems necessary,
in order to observe as an experienced and qualified design
professional the progress and quality of the Work. Such visits and
Page 1508 of 1829
EXHIBIT “A” – ENGINEER’S SERVICES
observations by ENGINEER, are not intended to be exhaustive or to
extend to every aspect of CONTRACTOR’S work in progress or to
involve detailed inspections of CONTRACTOR’S work in progress
beyond the responsibilities specifically assigned to ENGINEER in the
Contract Documents, but rather are to be limited to spot checking,
selective sampling, and similar methods of general observation of
the Work based on ENGINEER’S exercise of professional judgment.
Based on information obtained during such visits and such
observations, ENGINEER will determine in general if CONTRACTOR’S
work is proceeding in accordance with the Contract documents,
and ENGINEER shall keep OWNER informed of the progress of
Work.
2. ENGINEER will not, during such visits or as a result of such observations
of CONTRACTOR’S work in progress, supervise, direct, or have control
over CONTRACTOR’S work nor shall ENGINEER have authority over or
responsibility for the means, methods, techniques, sequences, or
procedures of construction selected by CONTRACTOR, for safety
precautions and programs incident to regulations applicable to
CONTRACTOR’S furnishing and performing the Work. Accordingly,
ENGINEER neither guarantees the performance of any CONTRACTOR
nor assumes responsibility for any CONTRACTOR’S failure to furnish
and perform its work in accordance with the Contract Documents.
C.Clarifications and Interpretations; Field Orders. Issue necessary clarifications
and interpretations of the Contract Documents as appropriate to the
orderly completion of CONTRACTOR’S work. Such clarifications and
interpretations will be consistent with the intent of and reasonably inferable
from the Contract Documents. ENGINEER may issue Field Orders
authorizing minor variations from the requirements of the Contract
Documents.
D.Shop Drawings and Samples. Review and approve or take other
appropriate action in respect to Shop Drawings and Samples and other
data which CONTRACTOR is required to submit, but only for conformance
with the information given in the Contract Documents and compatibility
with the design concept of the completed Project as a functioning whole
as indicated in the Contract Documents. Such review and approvals or
other action will not extend to means, methods, techniques, sequences or
procedures of construction or to safety precautions and programs incident
thereto. ENGINEER has an obligation to meet the CONTRACTOR’S submittal
schedule that has earlier been acceptable to ENGINEER.
E.Applications for Payment. Based on ENGINEER’S on-site observations as an
experienced and qualified design professional, ENGINEER will review pay
Page 1509 of 1829
EXHIBIT “A” – ENGINEER’S SERVICES
applications and advise OWNER to either recommend payment or return
the pay application to the CONTRACTOR for correction.
F.Inspections and Tests. Require such special inspections or tests of
CONTRACTOR’S work as deemed reasonably necessary, and receive and
review all certificates of inspections, tests, and approvals required by Laws
and Regulations or the Contract Documents. ENGINEER’S review of such
certificates will be for the purpose of determining that the results certified
indicate compliance with the Contract Documents and will not constitute
an independent evaluation that the content or procedures of such
inspections, tests, or approvals comply with the requirements of the
Contract Documents. ENGINEER shall be entitled to rely on the results of
such tests. Field testing of materials is not included in ENGINEER’S scope of
services.
G.Record Drawings. Review Record Drawings prepared and certified by the
CONTRACTOR’S Florida licensed surveyor and the CONTRACTOR.
H.Completion of Construction Certifications. Prepare construction
completion certifications and submit to the following agencies:
1. South Florida Water Management District
2. City of Boynton Beach Engineering Department
3. NPDES Notice of Completion
4. Lake Worth Drainage District
I.Substantial Completion. Promptly after notice from CONTRACTOR that
CONTRACTOR considers the entire Work ready for its intended use, in
company with OWNER and CONTRACTOR, conduct a review of the work
to determine if it is Substantially Complete.
J.Final Notice of Acceptability of the Work. Conduct a final review to
determine if the completed Work of CONTRACTOR is acceptable.
K.Contract Time. ENGINEER’S services during construction are dependent
upon the timely performance of CONTRACTOR’S work. ENGINEER’S
services are based on a construction Contract Time of one hundred and
twenty (120) calendar days for final completion of the work. If the
CONTRACTOR exceeds such period of time, ENGINEER’S compensation
shall be subject to an equitable adjustment.
Page 1510 of 1829
November 5, 2019
Emily M. O’Mahoney
Gentile, Glas, Holloway, O’Mahoney & Associates, Inc., Landscape Architects
1907 Commerce Lane, Suite 101
Jupiter, Florida 33458
emily@2gho.com
Re: Meadows Park
Parking Lot and Trail Lighting
Boynton Beach, Florida
Dear Emily,
We are pleased to submit the following revised proposal for professional services in conjunction
with parking lot and trail lighting designs for Meadows Park, located in Boynton Beach, Florida.
Ronald L. Levinson, P.E., hereinafter referred to as the Engineer, proposes to furnish
professional services for Gentile, Glas, Holloway, O’Mahoney & Associates, Inc.,
Landscape Architects, hereinafter referred to as the Client for the Scope of Services outlined
below for the fees stipulated herein.
SCOPE OF SERVICES
The Engineer will perform the following:
1. The project consists of an existing park which is to have the existing parking
reconfigured and expanded to provide additional parking. The existing parking areas
are currently lit with cut-off type fixtures on concrete poles, all of which appear to
conflict with the new layout. These existing poles will all need to be removed. A new
fitness trail is proposed. Lighting with full cut-off type pole mounted fixtures is desired
along the new trail. The existing restrooms are to be refurbished and an IT space is
to be added as well as a security camera system and call boxes. Design of the
optional sports lighting for the existing grass multi use play field is provided as a
separate line item.
a. All new parking areas will be designed using new full cut-off type LED fixtures.
b. The new fitness trail lighting will be designed using full cut-off type LED fixtures in
the approximate locations shown on the conceptual plan.
c. Sign lighting and power requirements will be incorporated into the design if
required.
d. Power for irrigation equipment will be coordinated and incorporated into the
design if required.
e. Lighting and power for the refurbished restrooms and added IT space will be
reviewed and upgraded as required.
f. An empty conduit system along with the required power feeds will be provided for
future security cameras and call boxes at the locations directed by the owner.
g. Optional sports lighting for the grass multi use play field will be designed in
accordance to the current applicable IES standards for the intended use.
Page 1511 of 1829
November 5, 2019
Emily M. O’Mahoney
Page 2
Re: Meadows Park (Revised)
Parking Lot and Trail Lighting
Boynton Beach, Florida
2. Prepare photometric site plan drawings indicating the proposed lighting fixture
locations for the proposed parking, onsite roadway and fitness trail areas for
submission to the City of Boynton Beach. The plan will be designed in accordance
with the applicable Lighting Criteria.
a. The plan will include the following items:
i. Drawing scale.
ii. North arrow.
iii. Engineer’s signature and seal.
iv. Light pole locations.
v. Bollard locations.
vi. Fixture types.
vii. Photometric data.
viii. Foot candle value measured at grade level.
ix. Light pole details.
x. Fixture cut sheets.
b. Respond to and address any comments generated by The City during their
review and incorporate any required revisions into the documents.
3. Prepare construction drawings and specifications setting forth the requirements for
permit and construction of the above lighting systems to include power distribution
and control for the proposed fixtures and power for the irrigation and security
equipment from the existing electrical service if adequate or a new service if
required. (Note that this portion of the design is generally completed after the lighting
layout is approved, however it can be completed simultaneously is desired.)
a. The plan will include the following items:
i. Lighting controls.
ii. Circuit designations.
iii. Conduit and wire sizes.
iv. Conduit routing.
v. Load calculations.
vi. Riser diagram.
vii. Panelboard schedules.
viii. Electrical equipment locations.
ix. Proposed security camera and call box locations.
b. Respond to and address any comments generated by The City during their
review and incorporate any required revisions into the documents.
4. Prepare photometric site plan drawings indicating the proposed lighting fixture
locations for the proposed grass multi use play field for submission to the City of
Boynton Beach. The plan will be designed in accordance with the applicable Lighting
Criteria. (Optional)
a. The plan will include the following items:
i. Drawing scale.
ii. North arrow.
Page 1512 of 1829
November 5, 2019
Emily M. O’Mahoney
Page 3
Re: Meadows Park (Revised)
Parking Lot and Trail Lighting
Boynton Beach, Florida
iii. Engineer’s signature and seal.
iv. Light pole locations.
v. Fixture types.
vi. Photometric data.
vii. Foot candle value measured at grade level.
viii. Light pole details.
ix. Fixture cut sheets.
b. Respond to and address any comments generated by The City during their
review and incorporate any required revisions into the documents.
5. Prepare construction drawings and specifications setting forth the requirements for
permit and construction of the above lighting systems to include power distribution
and control for the proposed fixtures from the existing electrical service if adequate
or a new service if required. (Note that this portion of the design is generally
completed after the lighting layout is approved, however it can be completed
simultaneously is desired.) (Optional)
a. The plan will include the following items:
i. Lighting controls.
ii. Circuit designations.
iii. Conduit and wire sizes.
iv. Conduit routing.
v. Load calculations.
vi. Riser diagram.
vii. Panelboard schedules.
viii. Electrical equipment locations.
b. Respond to and address any comments generated by The City during their
review and incorporate any required revisions into the documents.
6. Provide statement of probable cost.
7. Respond to RFI’s and review shop drawings and equipment documentation as
submitted by the Contractor for general conformance with the design documents.
8. Construction observation. (Up to 4 site visits.)
9. Certification:
a. Night visit to confirm lighting installation complies with approved design.
10. Additional services mutually agreed upon.
ITEMS TO BE FURNISHED BY CLIENT AT NO EXPENSE TO THE ENGINEER
Assist the Engineer by furnishing at no cost to the Engineer, all available pertinent information
including, but not by way of limitation, previous studies, drawings, specifications, test reports,
and any other data relative to performance of the above services for the project.
Designate a person to act as the Client representative with respect to the services to be
performed under this Agreement. Such person shall have complete authority to transmit
Page 1513 of 1829
November 5, 2019
Emily M. O’Mahoney
Page 4
Re: Meadows Park (Revised)
Parking Lot and Trail Lighting
Boynton Beach, Florida
instruction, receive information, interpret and define the Client policies and decisions with
respect to materials, equipment, and systems pertinent to the Engineer’s services.
The Client acknowledges the Engineer’s Construction Documents as instruments of
Professional Service. All reports, plans, specifications, field data and notes, including
documents on electronic media prepared by the Engineer, are the property of the Engineer.
Where the Client receives copies of this information for record purposes, it shall not be reused
or be modified without the prior written authorization of the Engineer.
ITEMS SPECIFICALLY EXCLUDED FROM THE SCOPE OF SERVICES
1. Identification of and/or abatement design for hazardous materials.
2. Field verification of existing concealed conditions.
3. Review of or upgrades to existing sports lighting.
4. Design of lighting for new or upgraded play fields or other recreational areas not
specifically noted.
5. Changes in design documents due to Value Engineering.
6. Fees are based on project being designed and constructed as one phase.
Preparation of additional plans for phasing and/or additional site visits for lighting
certification due to phasing will be additional services.
TIME OF PERFORMANCE
The Engineer will perform his services with due and reasonable diligence, consistent with sound
professional practices and the timely receipt of information necessary for performing the agreed
to services.
FEES TO BE PAID
For items 1 and 2 of the Scope of Services, the Engineer shall be paid a lump sum fee of Three
Thousand Five Dollars $ 3,500.
For item 3 of the Scope of Services, the Engineer shall be paid a lump sum fee of Three
Thousand Seven Hundred Seventy Five Dollars $ 3,775.
For item 4 of the Scope of Services, the Engineer shall be paid a lump sum fee of One
Thousand Five Hundred Dollars $ 1,500. (Optional) _______
For item 5 of the Scope of Services, the Engineer shall be paid a lump sum fee of One
Thousand Dollars $ 1,000. (Optional) _______
For item 6 of the Scope of Services, the Engineer shall be paid a lump sum fee of Seven
Hundred Fifty Dollars $ 750.
Page 1514 of 1829
November 5, 2019
Emily M. O’Mahoney
Page 5
Re: Meadows Park (Revised)
Parking Lot and Trail Lighting
Boynton Beach, Florida
For items 7 through 9 of the Scope of Services, the Engineer shall be paid a lump sum fee of
Three Thousand One Hundred Dollars $ 3,100.
For item 10 of the Scope of Services, the Engineer shall be paid an hourly fee based upon the
attached Rate Schedule. See Exhibit “A”.
Invoices for services rendered are prepared monthly and are due and payable upon receipt.
PROBABLE CONSTRUCTION COSTS
Since the Engineer has no control over the cost of labor and materials or over competitive
bidding and market conditions, the Statement of Probable Costs of construction provided for
herein are to be made on the basis of experience and qualifications. Accordingly, the Engineer
does not guarantee the accuracy of such probable costs when compared to the Contractor’s
bids or the project construction cost.
ACCEPTANCE
Acceptance of this proposal may be indicated by the signature of a duly authorized official of the
Client in the space provided below. One (1) signed copy of this proposal returned to the
Engineer will serve as an Agreement between the two (2) parties and as a Notice to Proceed
(unless indicated otherwise by the Client). This contract will be binding on the parties hereto.
Should this proposal not be accepted within a period of thirty (30) days from the above date, it
shall become null and void. Should this document not be executed and returned to us, all
parties acknowledge and agree that “authorization to proceed” through any other means
constitutes formal acceptance of all terms and conditions herein.
Very truly yours,
Accepted by:
Ronald L. Levinson, P.E. ____________________________
Signature
RLL/slf ____________________________
Date
Enc.
Designated Client Representative
____________________________
(Print or Type Name)
Page 1515 of 1829
RATE SCHEDULE
EXHIBIT “A”
PER HOUR
PRINCIPAL $195.00
DESIGNER $140.00
DRAFTSPERSON $ 85.00
CLERICAL $ 45.00
Page 1516 of 1829
STEPHEN BORUFF, AIA
ARCHITECTS + PLANNERS, INC.
901 NORTHPOINT PARKWAY, SUITE 101
WEST PALM BEACH
FLORIDA 33407
PHONE 561-471-8520
FAX 561-471-8539
AA C002226
14 November 2019
Emily M. O’Mahoney, FASLA, PLA
Gentile, Glas, Holloway, O’Mahoney & Associates, Inc.
1907 Commerce Lane
Suite 101
Jupiter, Florida 33458
Re: Proposal for Architectural Services
Meadows Park – Park Parking and Trail Expansion
Boynton Beach, Florida
Proposal No. P19-083
Dear Ms. O’Mahoney:
We are pleased to submit this proposal for providing professional architectural services for
the renovations to the existing park structure at Meadows Park in Boynton Beach, Florida.
We understand these renovations will provide space for an I.T. room to house security
equipment and other equipment as necessary to provide an updated park environment. Our
scope of work based on the known program will include the following:
1.0 SCOPE OF WORK:
1.1 Visit the site to ascertain the “as-built conditions” of the existing building to analysis
the feasibility for the new security room.
1.2 Development of Design Development Documents illustrating the architectural aspects
of the project based on the previously approved Schematic Design Documents. These
documents will be suitable for review by the owner for conceptual design.
1.3 Development of Construction Documents illustrating the architectural aspects of the
project based on the approved Design Development Documents. Construction sets of
documents will be delivered at the 50%, 90% and Final Construction Document
phases.
1.4 Assist the General Contractor in obtaining a building permit from the authority
having jurisdiction.
1.5 Provide minimal construction administration services during the construction of the
project to include review of shop drawings, manufacturer’s literature and respond to
Requests for Information (RFI) submitted by the General Contractor.
Page 1517 of 1829
14 November 2019
Emily M. O’Mahoney, FASLA, PLA
Page 2
2.0 MISCELLANEOUS PROVISIONS
This proposal is based on the City of Boynton Beach furnishing this office with the
following information:
2.1 Access to the site to perform field work.
2.2 CADD files of the existing park building scheduled for renovation.
3.0 COMPENSATION
3.1 The services described in Sections 1.1 thru 1.5 shall be performed on a Fixed Fee Basis
in accordance with the attached Exhibit “A” – Compensation.
3.2 Reimbursable expenses such as printing, shipping and postage will be billed at their
direct expense.
3.3 Pursuant to Florida Statue Chapter 558, no individual professional, an
individual employee, agent, director, officer or principal may not be held
individually liable for negligence arising out of this contract.
4.0 ADDITIONAL SERVICES
4.1 Any service not specifically written in this proposal, any changes requested after
approval of the preliminary plan, any revisions to drawings or other documents when
such revisions are inconsistent with written approvals or instructions previously
given shall be considered as additional services.
4.2 Application fees and permitting fees associated with governmental approvals
including, but not limited to, Site Plan Approvals, Zoning Approvals, DRC Reviews,
building permit fees and site permitting.
4.3 Design, Development of Documents and Application to the U.S. Green Building
Council (USGBC) for LEED (Leadership in Energy and Environmental Design)
Certification.
4.4 Structural, Mechanical and Electrical Engineering services.
4.5 Traffic Engineering, Geotechnical Subsurface Report.
4.6 Threshold Inspection or special inspector services during the construction period
for projects developed in accordance with Florida Statutes Section 553.71(7) .
Page 1518 of 1829
14 November 2019
Emily M. O’Mahoney, FASLA, PLA
Page 3
4.7 Additional services shall be compensated on a Time & Materials basis at the
following rates:
Principal (Stephen Boruff, AIA) $165 per hour
Architect $145 per hour
Project Manager $110 per hour
Drafting Technician/Support Staff $ 95 per hour
Clerical $ 80 per hour
4.8 All Additional Services shall have written approval from the client BEFORE the
work commences.
If you have any questions regarding the contents of this proposal, please call my office. Your
signature at the space provided below will act as our Notice to Proceed. Please return one
executed proposal to our office. We look forward to working with Gentile, Glas, Holloway,
O’Mahoney and Associates and the City of Boynton Beach and towards the successful
completion of this project.
Sincerely,
Stephen L. Boruff, AIA, NCARB
Architect
Approved: ________________________________________ Date: ___________________
Page 1519 of 1829
GENERAL CONSULTING SERVICES AGREEMENT
THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter
referred to as "the CITY", and GENTILE GLAS HOLLOWAY O'MAHONEY &
ASSOCIATES, INC., hereinafter referred to as "the CONSULTANT", in consideration of
the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive
Negotiation Act,the CITY'S Procurement Code,the City of Boynton Beach solicited proposals for
professional consulting services from qualified engineering firms for required City services; and
WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for
the City of Boynton Beach, RFQ No. 046-2821-17/TP; and
WHEREAS, the City Commission designated CONSULTANT as one of several qualified
consulting firms to provide General Consulting services to the CITY; and
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties
agree as follows:
ARTICLE 1 -SERVICES
1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task
orders, at the request of the CITY during the term of this Agreement, including the provision
of all labor, materials, equipment and supplies. The specified projects which may be assigned
to CONSULTANT is in conjunction with:
Scope Category A Water Plant Modifications, Capacity and Operations
Evaluation
Scope Category B Infrastructure Improvements and Evaluations
Scope Category C Ancillary Studies and Services
Scope Category D Transportation Services
Scope Category E Architectural and Landscaping Design Services
1.2 SERVICE AND RESPONSIBILITIES
1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task
Order(s) under such terms as set forth in the Task Order(s). The terms of
the Task Order(s) shall be supplemental to the terms of this Agreement.
1.2.2 The CONSULTANT is responsible for defects in its work and in the work of
The term"Agreement"has the same meaning as the term"contract".
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V.5 CLEAN FINAL C-1
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its Sub-consultants'work.
1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare
preliminary studies and reports, feasibility studies, financial and fiscal
studies, and evaluation of existing facilities, preparation of schematic
layouts and sketches where required; develop construction budgets,
opinions of Probable Construction Cost, and shall consult and confer with
the CITY as may be necessary for the CITY to reach decisions concerning
the subject matter. The CONSULTANT shall attend meetings with the
CITY Commission and CITY staff as may be required, and provide the
CITY with a time schedule which shall include but not be limited to submittal
of all milestones related to the project up to delivery of 100% construction
documents.
1.2.4 During the preliminary services phase, the CONSULTANT shall advise the
CITY, based on CONSULTANT'S professional opinion and the current
project conditions and reasonably foreseeable conditions of the
completeness of existing data and its suitability for the intended purposes
of the project; CONSULTANT to obtain data from other sources; identify
and analyze requirements of governmental authorities having jurisdiction
to approve the design of the project; provide analyses of the CITY'S needs
for surveys; perform site evaluations and comparative studies of
prospective site and solutions; and prepare and furnish a report to the City
setting forth the CONSULTANT'S findings and recommendations.
1.2.4.1 Providing any type of property surveys or related engineering
services needed for the transfer of interests in real property, and
field surveys for design purposes and engineering surveys and
staking to enable Contractor to proceed with their work, and
providing other special field surveys.
1.2.4.2 Preliminary design services to be performed by the
CONSULTANT shall include consultation and advice concerning
the extent and scope of proposed work and preparation of
preliminary design documents consisting of design criteria,
preliminary drawings, and outline specifications as well as
preliminary estimates of probable Construction Costs. This
phase will also include preparation of a preliminary site plan or
schematic drawings when appropriate. Up to six (6) copies of
the preliminary design documents shall be furnished to the CITY,
the exact number needed shall be determined by the CITY.
1.2.4.3 CONSULTANT shall provide environmental assessment and
impact statements as required to determine the suitability of the
site and its surrounds for the proposed project; and/or
1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide
advice and assistance relating to operation and maintenance of
project or other systems; evaluate and report on operations;
assist the CITY in matters relating to regulatory agency
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V.5 CLEAN FINAL C-Z
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operations review or operating permit non-compliance; assist
with startup and operator training for newly installed or modified
equipment and processes, and in the preparation of operating,
maintenance and staffing manuals for the project.
1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY
in the following manner: specifying the extent and scope of the work to be
performed; prepare detailed construction drawings and specifications;
revise and update, where necessary, previously designed construction
plans and specifications, whether in whole or in part, to be incorporated
into the proposed work and prepare construction documents and final
estimate of probable Construction Cost. The final design services shall be
provided in an electronic format, and shall also include furnishing up to six
6) copies of plans and specifications to the CITY; the exact number
needed shall be determined by the CITY.
1.2.6 Final design services shall also include preparation of permit applications
as may be required by such agencies as have legal review authority over
the project. These applications shall include but not be limited to site plan
approvals or other permits and work efforts and shall also consist of
meetings at staff level and meetings with the appropriate governing body
and the CITY. Unless specifically provided for under the final design
phase, permit application services do not include applications requiring
environmental impact statements or environmental assessments,
consumptive use permits and landfill permits.
1.2.6.1 The CONSULTANT based upon the approved design documents
and any adjustments authorized by the CITY in each project,
project schedule or construction budget shall prepare for
approval by the CITY, design development documents consisting
of drawings and other documents to fix and describe the size and
character of each project's civil engineering, environmental,
landscape, architectural, structural, mechanical, and electrical
systems and any other requirements or systems, materials and
such other elements as may be appropriate for a complete
project. The CONSULTANT shall also advise the CITY of any
adjustments to the preliminary estimate of probable Construction
Costs.
1.2.6.2 The CONSULTANT based on CITY approved design
development documents and any further adjustments in the
scope or quality of the project or in the construction budget shall
prepare Construction Documents within the number of calendar
days specified within any notice issued by the CITY. The
Construction Documents shall consist of drawings and
specifications setting forth in detail the requirements for the
construction of the project.
1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of
the necessary proposal information and forms.
1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to
previous estimates of probable Construction Costs indicated by
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V.5 CLEAN FINAL C-3
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changes in codes, administrative and jurisdictional requirements
of general market conditions.
1.2.6.5 The CONSULTANT shall submit to the CITY for each project,
electronic format and up to six (6) copies of the Construction
Documents, and a further revised estimate of total probable
Construction Cost.
1.2.6.6 CONSULTANT shall include in the Construction Documents a
requirement that the construction contractor shall provide a final
as-built survey of the project in Autocad electronic format by a
registered Land Surveyor, and provide marked up construction
drawings to the CONSULTANT so that the CONSULTANT can
prepare and deliver to the CITY the record drawings in the form
required by the CITY and as required.
1.2.6.7 Prior to final approval of the Construction Documents by the
CITY, the CONSULTANT shall conduct a thorough review and
quality control evaluation of the entire work product for
compliance with requirements of any local, state, or federal
agency from which a permit or other approval is required. The
CONSULTANT shall make sure that all necessary approvals
have taken place.
1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct
a thorough quality control review and assessment of the work
product to determine whether the work is properly coordinated
and confirm that the CITY and agency comments have been
addressed and incorporated into the Contract Documents. The
CONSULTANT shall provide to the CITY a Quality Assurance
and Quality Control plan in a format that advises the CITY that all
work has been performed as required. A report shall be
submitted in accordance with those standards to apprise the
CITY that due care has been taken in the preparation of the
Contract Documents.
1.2.6.9 The CONSULTANT shall signify responsibility for the Contract
Documents including technical specifications and drawings
prepared pursuant to this Agreement by affixing a signature, date
and seal as required by Florida Statutes Chapters 471 and 481,
if applicable. The CONSULTANT shall comply with all of its
governing laws, rules, regulations, codes, directives and other
applicable federal, state and local requirements in preparation of
the work.
1.2.7 The CONSULTANT shall provide the construction documents, technical
specifications and drawings completed in accordance with generally
accepted professional practices and principles and in a manner consistent
with the level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions.
1.2.8 The CONSULTANT following the CITY'S approval of the Construction
Documents and the latest estimate of probable Construction Cost shall
when so directed and authorized by the CITY, assist the CITY in obtaining
proposals or negotiated proposals, and assist in preparing contracts for
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V.5 CLEAN FINAL C-4
Page 1523 of 1829
construction.
1.2.8.1 The CONSULTANT shall review and analyze the proposals
received by the CITY and shall make a recommendation for any
award based on the CITY'S Procurement Administrative PolicyManual.
1.2.8.2 Any Opinion of the Construction Cost prepared by
CONSULTANT represents its judgment as a design professional
and is supplied for the general guidance of the CITY. Since
CONSULTANT has no control over market conditions,
CONSULTANT does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to the
CITY. If the project is not advertised for proposals within three(3)
months after delivery of Final Design Plans, through no fault of
the CONSULTANT or if either local market conditions or industry-
wide prices have changed because of unusual or unanticipated
events effecting the general level of prices or times of delivery in
the construction industry, the established Construction Cost limit
may be adjusted as determined by the CITY'S Representative
and as approved by the CITY, if necessary. Additionally, if the
CITY expands a project scope of work after the CONSULTANT
renders the Final estimated probable Construction Cost of the
Final Design Plans, the CONSULTANT shall not be responsible
for any redesign without compensation which shall be mutually
agreed to by the parties hereto.
1.2.8.3 The CONSULTANT shall provide the CITY with a list of
recommended prospective bidders.
1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid
conferences.
1.2.8.5 The CONSULTANT shall recommend any addenda, through the
CITY'S representative as appropriate, to clarify, correct, or
change proposal documents.
1.2.8.6 If Pre-Qualification of bidders is required as set forth in the
Request for Proposals or Invitation to Bid (two-step bid process),
CONSULTANT shall assist the CITY, if requested in developing
qualifications criteria, review qualifications and recommend
acceptance or rejection of the bidders.
1.2.8.7 If requested, CONSULTANT shall evaluate proposals and
bidders, and make recommendations regarding any award by the
CITY.
1.2.9 The CITY shall make decision on all claims regarding interpretation of the
Construction Documents, and on all other matters relating to the execution
and progress of the Work after receiving a recommendation from the
CONSULTANT. The CONSULTANT shall check schedules, shop
drawings and other submissions for the limited purpose of checking
conformance with the concept of the project, and for compliance with the
information given by the Construction Documents. The CONSULTANT
shall also review change orders prepared and submitted by Contractor and
review and make recommendations to the City for progress payments to
the Contractor based on each project schedule of values and the
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percentage of work completed. The CONSULTANT will neither have
control over or charge of, nor be responsible for, the construction means,
methods, techniques, sequences, or procedures, or for the safety
precautions and programs in connection with the construction of the
assigned task order projects.
1.2.9.1 The CITY shall maintain a record of all change orders which shall
be categorized to the various types, causes, etc. that may be
determined useful and necessary for its purpose.
1.2.9.2 If the CONSULTANT is not the Construction Manager for the
construction, the CITY shall notify the CONSULTANT within
three (3) days of the discovery of any architectural/engineering
error or omission so that the CONSULTANT can be part of the
negotiations resolving the claim between the CITY and the
Contractor.
1.2.10 The CONSULTANT shall carefully review and examine the Contractor's
schedule of values, together with any supporting documentation. The
purpose of such review and examination will be to protect the CITY from
an unbalanced schedule of values which allocates greater value to certain
elements of each project than is indicated by industry standards,supporting
documentation, or data. If the schedule of values is not found to be
appropriate, it shall be returned to the Contractor for revision for supporting
documentation. After making such examination, when the schedule of
values is found to be appropriate, the CONSULTANT shall sign the
schedule of values indicated informed belief that the schedule of values
constitute a reasonable, balanced basis for payment of the Application for
Payment to the Contractor.
1.2.11 The CONSULTANT shall perform on-site construction observation of each
project based on the Construction Documents in accordance with
paragraph 1.2.16 "Resident Project Services" of this Agreement. The
CONSULTANT'S observation shall determine the progress of the work
completed, and whether the work is proceeding in a manner indicating that
the work when fully competed will be in accordance with the Construction
Documents. On the basis of site visits, the CONSULTANT will provide the
CITY with a written report of each site visit in order to reasonably inform
the CITY of the progress of the portion of the Work completed. The
CONSULTANT shall endeavor to identify for the CITY any defects and
deficiencies in the work of contractors, and make written recommendation
to the CITY where the work fails to conform to the Construction Documents.
The CONSULTANT shall not have control over or charge of, or
responsibility for the construction means, methods, techniques, sequences
or procedures. or for safety precautions and programs in connection with
the Work, nor shall the CONSULTANT be responsible for the Contractor's
failure to perform the Work in accordance with the requirements of the
Contract Documents. The CONSULTANT shall not have control over or
charge of, and shall not be responsible for, acts or omissions of the
Contractor or of any other persons or entities performing portions of the
Work. Based on such observation and the Contractor's Application for
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Payment, the CONSULTANT shall determine the amount due to the
Contractor and shall issue Certificates for Payment in such amount. These
Certificates will constitute a representation to the CITY based on such
observations and the data comprising the Application for Payment that the
work has progressed to the point indicated. By issuing a Certificate of
Payment,the CONSULTANT will also represent to the CITY that to the best
of its information and belief, based on what its observation have revealed;
the Work is in accordance with the Construction Documents. The
CONSULTANT shall conduct observations to determine the dates of
substantial and final completion and issue a recommendation for final
payment.
1.2.12 The CONSULTANT shall revise the Construction drawings and submit
record or corrected drawings to the CITY to show those changes made
during the construction process based on the marked up prints, drawings
and other data furnished by the Contractor. The record drawings shall be
provided in electronic format inclusive of conformed PDF files and AutoCad
files in a form compatible with the CITY'S version of AutoCad formats for
archival purposes.
1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on
site bi-monthly or as otherwise determined based on a specific need
established prior to construction by the CITY.
1.2.14 The CONSULTANT shall review change orders prepared and submitted by
the Contractor for the CITY'S approval. CONSULTANT shall not authorize
any changes in the work or time, no matter how minor without prior written
approval by the CITY.
1.2.15 Each project's construction or demolition shall be considered complete
upon compilation of a punchlist by CONSULTANT, which shall be timely
completed by Contractor to the satisfaction of the CITY, written notification
to Contractor by CONSULTANT that all releases of liens are satisfied and
written recommendation by CONSULTANT for final payment to the
Contractor which shall be at the sole discretion of the CITY.
1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of
any work, the CONSULTANT will if authorized by the CITY, provide
resident project observation services to be performed by one or more
authorized employees ("Resident Project Representative") of the
CONSULTANT. Resident Project Representatives shall provide extensive
observation services at the project site during construction. The Resident
Project Representative will endeavor to identify for the CITY any defects
and deficiencies in the work of the Contractor(s). Resident project
observation services shall include but is not limited to the following:
Conducting all pre-construction conferences;
Conducting all necessary construction progress meetings;
Observation of the work in progress to the extent authorized by the
CITY;
Receipt, review coordination and disbursement of shop drawings and
other submittals;
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Maintenance and preparation of progress reports;
Field observation and verification of quantities of equipment and
materials installed;
Verification of contractors' and subcontractors' payrolls and records for
compliance with applicable contract requirements;
Maintenance at each project site on a current basis of all drawings,
specifications, contracts, samples, permits, and other project related
documents, and at the completion of each project, deliver all such
records to the CITY;
Preparation, update and distribution of a project budget with each
project schedule;
Notification to the CITY immediately if it appears that either each project
schedule or each project budget will not be met;
Scheduling and conducting monthly progress meetings at which CITY,
Engineer, general contractor, trade contractor, utilities representatives,
suppliers can jointly discuss such matters as procedures, progress,
problems and scheduling.
Recommending courses of action, and enforcing action selected by the
CITY, if so directed by the CITY, if the general and/or trade contractors
are not meeting the requirements of the plans, specifications, and
Construction Contract;
Development and implementation of a system for the preparation,
review, and processing of change orders;
Maintenance of a daily log of each project;
Recording the progress of each project, and submission of written
monthly progress reports to the CITY including information on the
Contractors'work and the percentage of completion;
Determination of substantial and final completion of work and
preparation of a list of incomplete and unsatisfactory items, and a
schedule of their completion; and
Securing and transmitting to the CITY, required guarantees; affidavits;
releases; key manuals; record drawings; and maintenance stocks;
The Resident Project Representative shall also investigate and report on
complaints and unusual occurrences that may affect the responsibility of
the CONSULTANT or the CITY in connection with the work. The Resident
Project Representative shall be a person acceptable to the CITY, and the
CITY shall have the right to employ personnel to observe the work in
progress, provided however that such personnel as employed by the CITY,
and such personnel will be responsible directly to the CITY in the
performance of work that would otherwise be assumed and performed by
the CONSULTANT. The Resident Project Representative shall not have
control over or charge of, or responsibility for the construction means,
methods, techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, nor shall the Resident Project
Representative be responsible for the Contractor's failure to perform the
Work in accordance with the requirements of the Contract Documents. The
Resident Project Representative shall not have control over or charge of,
and shall not be responsible for, acts or omissions of the Contractor or of
any other persons or entities performing portions of the Work.
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Although CONSULTANT shall not be responsible for health or safety
programs or precautions related to CITY"s activities or those of CITY's
other contractors and consultants or their respective subcontractors and
vendors ("Contractors"), CONSULTANT shall nonetheless report to the
Resident Project Representative health and safety conditions or
deficiencies observed by CONSULTANT'S employees or representatives.
CONSULTANT shall not be responsible for CITY's pre-existing site
conditions or the aggravation of those preexisting site conditions to the
extent not caused by the negligence or willful misconduct of
CONSULTANT. CONSULTANT shall not be responsible for inspecting,
observing, or correcting health or safety conditions or deficiencies of CITY,
Contractors or others at project site ("Project Site") other than for
CONSULTANT's employees, subconsultants and vendors.
1.3 ADDITIONAL SERVICES
1.3.1 When additional services are necessary they shall be specified in the
written Task Order. Examples of additional (not exclusive) services are:
Preparation of applications and supporting documents for private or
governmental grants, loans or advances in connection with any
particular project.
Services to make measured drawings of or to investigate existing
conditions or facilities, or to verify the accuracy of drawings or other
information furnished by or to the CITY.
Services resulting from significant changes in the general scope, extent
or character of any particular project or its design including but not
limited to, changes in size, complexity, the CITY'S schedule, character
of construction or method of financing, and revising previously
accepted studies, reports, design documents or Construction Contract
Documents when such revisions are required by changes to laws,
rules, regulations, ordinances, codes or orders enacted subsequent to
the preparation of such studies, reports or documents, or are due to
any other causes beyond the CONSULTANT'S control.
Providing renderings or models for the CITY'S use.
Preparing documents for alternate Proposals requested by the CITY for
work that is not executed for documents for out-of-sequence work.
Investigations and studies involving but not limited to, detailed
considerations of operations, maintenance and overhead expenses;
providing value engineering during the course of design; the
preparation of feasibility studies; cash flow and economic evaluations,
rate schedules and appraisals; assistance in obtaining financing for a
project; evaluating processes available for licensing and assisting the
CITY in obtaining process licensing; detailed quantity surveys of
material, equipment and labor, and audits or inventories required in
connection with construction performed by the CITY.
Assistance in connection with Proposal/proposal protests, re-bidding or
re-negotiating contracts for construction, materials, equipment or
services, unless the need for such assistance is reasonably determined
by the CITY to be caused by the CONSULTANT (e.g. defective plans
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and/or specifications which inhibit contractors from submitting
proposals) in which event there shall be no additional cost for the
provision of such services.
Preparing to serve or serving as a CONSULTANT or witness for the
CITY in any litigation, arbitration or other legal or administrative
proceeding.
Additional services in connection with a project not otherwise provided
in this Agreement.
Services in connection with a project not otherwise provided for in this
Agreement.
Services in connection with a field order or change order requested bytheCITY.
Providing artwork, models, or renderings as requested by the CITY.
1.3.2 When required by the Construction Contract documents in circumstances
beyond the CONSULTANT'S control, and upon the CITY'S authorization,
it will furnish the following additional services.
Services in connection with work changes necessitated by unforeseen
conditions encountered during construction.
Services after the award of each contract in evaluating and determining
the acceptability of an unreasonable or excessive number of claims
submitted by Contractor, except to the extent such claims are caused
by the errors or omissions of the CONSULTANT.
Additional or extended services during construction made necessary by1) work damaged by fire or other cause during construction, 2) a
significant amount of defective or negligent work of any contractor, 3)
acceleration of the progress schedule involving services beyond normal
working hours, or 4) default by any contractor; provided however, if a
fire occurs as a direct result of errors or omissions in the design by the
CONSULTANT or if the CONSULTANT fails to notify the Contractor of
the deficient quality of their workmanship pursuant to CONSULTANT'S
duties as described in the Contract Documents, the CONSULTANT'S
additional services shall be deemed part of Basic Services and
compensated as such.
Services in connection with any partial utilization of any part of a project
by the CITY prior to Substantial Completion.
Services to evaluate the propriety of substitutions or design alternates
proposed by the Contractor and involving methods of construction,
materials, or major project components either during bidding and/or
Negotiation services or Construction Contract award. The cost of such
services shall be borne by the Contractor, and this requirement shall be
included in the construction contract.
Services in making revisions to drawings and specifications occasioned
by the acceptance of substitutions proposed by the Contractor, unless
such substitutions are due to a design error by the CONSULTANT in
which case such services shall be deemed Basic Services. Except
when caused by a design error by the CONSULTANT, the cost of such
services shall be borne by the Contractor, and this requirement shall be
included in the construction contract.
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1.4 CITY'S RESPONSIBILITIES
1.4.1 The CITY shall do the following in a timely manner so as not to delay the
services of the CONSULTANT:
1.4.1.1 Designate in writing a person or persons to act as the CITY'S
representative with respect to the services to be rendered under
this Agreement. Such person(s) shall have complete authority to
transmit instructions and receive information with respect to the
CONSULTANT'S services for a particular project. The CITY may
have multiple CITY Representative(s) or project managers during
the performance of this AGREEMENT based on the specific task
orders/written task orders from each of the Scope Categories.
1.4.1.2 Provide all criteria and full information as to the CITY'S
requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations.
1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S
request all available information pertinent to the Project including
previous reports and any other data relative to design or
construction of the project.
1.4.1.4 Furnish to the CONSULTANT, if required for the performance of
CONSULTANT'S services (except where otherwise furnished by
the CONSULTANT as Additional Services), the following:
1.4.1.5 Data prepared by, or services of others, including without
limitations borings, probings and subsurface explorations,
hydrographic surveys, laboratory tests and inspection of
samples, materials and equipment;
1.4.1.6 Appropriate professional interpretations of all of the foregoing;
1.4.1.7 Environmental assessment and impact statements;
1.4.1.8 Property, boundary, easement, right-of-way, topographic and
utility surveys;
1.4.1.9 Property descriptions;
1.4.1.10 Zoning, deed and other land use restrictions;
1.4.1.11 Approval and permits required in the CITY'S jurisdiction and
those from outside agencies unless such approvals and permits
are the responsibility of the CONSULTANT; and
1.4.1.12 Arrange for access to make all provisions for the CONSULTANT
to enter upon the CITY'S property as required for the
CONSULTANT to perform services under this Agreement.
1.4.1.13 Consistent with the professional standard of care and unless
otherwise specifically provided herein, CONSULTANT shall be
entitled to rely upon the accuracy of data and information
provided by the CITY or others without independent review or
evaluation.
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1.5 SEQUENCE OF EVENTS
1.5.1 Following receipt of any task order/written task order, the CONSULTANT
shall submit to the CITY, at least five (5) days prior to actual
commencement of services, a schedule of services and expenses for
approval by the CITY before any services commence. The CITY reserves
the right to make changes to the sequence as necessary to facilitate the
services or to minimize any conflict with operations.
1.5.2 Task orders will be issued to the CONSULTANT in the order in which the
CITY wishes, and shall be performed and completed in the order they areissued, unless otherwise specifically permitted by the CITY. Minor
adjustments to the timetable for completion approved by the CITY in
advance, in writing, shall not constitute non-performance by
CONSULTANT pursuant to this Agreement.
1.5.3 Proposals received by CONSULTANT as a result of task order/written task
order that exceeds $25,000 in cost will require approval from CITY
Commission before execution of services in accordance with the CITY'S
Procurement Administrative Policy.
1.5.4 When the CITY issues task orders to the CONSULTANT, each
authorization shall contain a stated completion schedule. If caused by the
negligent errors or omissions of CONSULTANT,failure of the
CONSULTANT to meet the stated schedule shall constitute a default for
which payment for services may be withheld until default is cured. Time
extensions will be reviewed upon request for extenuating circumstances.
1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to
begin new task orders on a "rolling" basis, as some already assigned task
orders near timely completion. If a subsequent Task Order is issued to the
CONSULTANT before it has completed the current task order, the
completion date for each Task Order will remain independent of each other
so that the CONSULTANT will prioritize the uncompleted Task Order from
the first Task Order and finish as soon as practical. Failure to complete
the "older" task orders in a timely manner, may adversely impact upon
continued early authorization to start a subsequent work.
1.5.6 When the CONSULTANT has exceeded the stated completion date
including any extension for extenuating circumstances which may have
been granted, a written notice of Default will be issued within seven (7)
days of the date that the default became active with a requirement of seven
7) days to cure said default, to the CONSULTANT and payment for
services rendered shall be withheld until such time that the CITY has
determined that default has been cured.
1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY
reserves the right not to issue to the CONSULTANT any further task orders
until such time as it is no longer in default, and the CONSULTANT has
demonstrated to the CITY'S satisfaction, the reasons for tardy completion
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have been addressed and are not likely to be repeated in subsequent task
orders. This restricted issuance provision may result in the CONSULTANT
not being issued all of the planned work the CITY anticipated in this
Agreement. The CONSULTANT shall have no right to the balance of any
work, or to any compensation associated with these non-issued task orders
due to the CONSULTANT being rendered in default.
1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15)
consecutive calendar days beyond the time frame provided in Paragraph
1.5.6 the CITY may at its sole option retain another CONSULTANT to
perform any work arising out of this Agreement and/or terminate this
Agreement.
1.6 DEFINITION OF DEFAULT
1.6.1. An event of default shall mean a material breach of this Agreement .
Without limiting the generality of the foregoing and in addition to those
instances referred to as a material breach, an event of default shall include
the following:
CONSULTANT has not performed services on a timely basis due to
CONSULTANT'S negligent errors or omissions;
CONSULTANT has refused or failed to supply enough properly skilled
personnel;
CONSULTANT has failed to make prompt payments to SUB-
CONSULTANTS or suppliers for any services after receiving payment
from the CITY for such services or supplies;
CONSULTANT has failed to obtain the approval of the CITY where
required by this Agreement;
CONSULTANT has refused or failed to provide the services as defined
in this Agreement;
CONSULTANT has filed bankruptcy or any other such insolvency
proceeding and the same is not discharged within ninety (90) days of
such date.
CITY has failed to make payments to CONSULTANT in
accordance with the requirements of this Agreement
1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages
resulting from the Default including:
The difference between the amount that has been paid to the
CONSULTANT and the amount required to complete the
CONSULTANT'S work, provided the fees by the firm replacing the
CONSULTANT are reasonable and the hourly rates do not exceed the
CONSULTANT'S rates. This amount shall also include procurement
and administrative costs incurred by the CITY.
In the event of default by the City, CONSULTANT may suspend the
Work pending receipt of such payment.
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1.6.3. The CITY may take advantage of each and every remedy specifically
existing at law or in equity. Each and every remedy shall be in addition to
every other remedy given or otherwise existing, and may be exercised from
time to time and as often and in such order as may be deemed expedient
by the CITY. The exercise or the beginning of the exercise of one remedy
shall not be deemed to be a waiver of the right to exercise any other
remedy. The CITY'S rights and remedies as set forth in this Agreement
are not exclusive and are in addition to any other rights and remedies
available to the CITY in law or in equity.
ARTICLE 2 -TERM
2.1 The initial Contract period shall be for an initial two (2) years, commencing at the
execution of the contract, and the City reserves the right to unilaterally renew the
contract for three (3) additional one (1) year periods under the same terms,
conditions. The CONSULTANT understands and acknowledges that the Services
to be performed during the two (2) year term will be governed by this Agreement,
and that there is no guarantee of future work being given to the CONSULTANT.
2.2 In the event that services are scheduled to end either by contract expiration or byterminationbytheCITY (at the CITY'S discretion), the CONSULTANT shall
continue the services, if requested by the CITY, or until task or tasks is/are
completed. At no time shall this transitional period extend more than one-hundred
and eighty(180) calendar days beyond the expiration date of the existing contract.
The CONSULTANT will be reimbursed for this service at the rate in effect when
this transitional period clause was invoked by the CITY.
ARTICLE 3 -TIME OF PERFORMANCE
3.1 Work under this Contract shall commence upon the giving of written notice by the
CITY to the CONSULTANT by way of an executed task order and resultant task
order. CONSULTANT shall perform all services and provide all work product
required pursuant to this Contract and the specific task order by the Sequence of
Events, or unless an extension of time is granted in writing by the CITY.
ARTICLE 4- PAYMENT
4.1 The CONSULTANT shall be paid by the CITY for completed work and for services
rendered under this agreement as follows:
Payment for the work provided by CONSULTANT shall be made in
accordance with the Fee Schedule as provided in Exhibit "A" attached
hereto.
Payment as provided in this Section shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment
and incidentals necessary to complete the work.
Compensation for sub-CONSULTANTS will be negotiated based on
each task order. Compensation will be through a direct mark-up in
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accordance with the Schedule of Professional Fees attached hereto.
Sub-consulting services shall be approved by the CITY'S
representative prior to performance of the sub-consulting work.Consulting time for processing and management of the sub-
CONSULTANT shall not be included in direct costs as the direct mark-
up is applied for management efforts.
The CONSULTANT may submit vouchers to the CITY once per month
during the progress of the Work for partial payment for project
completed to date. Such vouchers will be verified by the CITY, and
upon approval thereof, payment will be made to the CONSULTANT in
the amount approved.
In certain cases where incremental billing for partially completed Work
is permitted by the CITY'S representative, the total incremental billings
shall not exceed the percentage of estimated completion of identifiable
deliverables or accepted deliverables as of the billing date.
Computation of Time Charges/Not-to-Exceed Method of Payment:
When a service is to be compensated based on time charge/not-to-
exceed method, the CONSULTANT shall submit a not-to-exceed
proposal to the CITY'S representative for prior approval based on
estimated labor hours and hourly rates which shall not exceed the
established hourly rates as per the Schedule of Professional Fees
attached hereto, plus sub-CONSULTANT services and other related
costs supporting the proposed work. The CITY shall not be obligated
to reimburse the CONSULTANT for costs incurred in excess of the total
not-to-exceed cost amount.
Final payment of any balance due the CONSULTANT of the total
contract price earned will be made promptly upon its ascertainment and
verification by the CITY after the completion of the Work under this
Agreement and its acceptance by the CITY, which shall occur no later
than 30 days following receipt of the invoice.
Final Invoice: In order for both parties herein to close their books and
records, the CONSULTANT will clearly state "final invoice" on the
CONSULTANT'S final/last billing to the CITY. The final invoice certifies
that all services have been properly performed and all charges and
costs have been invoiced to the CITY. Since this account will
thereupon be closed, and any other further charges if not properly
included on this invoice are considered waived by the CONSULTANT.
The cost of all services as stated herein shall remain fixed and firm for
the initial two (2) year period of the contract. Costs for subsequent
years and any extension terms shall be subject to an adjustment only if
increases incur in the industry. However, unless very unusual and
significant changes have occurred in the industry, such increases shall
not exceed 5% per year, or whichever is less, the latest yearly
percentage increase in the All Urban Consumers Price Index (CPI-U)
National) as published by the Bureau of Labor Statistics, U.S.
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Department Labor. The yearly increase, or decrease in the CPI shall
be the latest index published and available ninety(90) days prior to the
end of the contract year then in effect, compared to the index for the
same month one (1) year prior. Any requested cost increase shall be
fully documented and submitted to the CITY at least sixty (60) days
prior to the contract anniversary date. Any approved cost adjustments
shall become effective upon the anniversary date of the contract. In
the event the CPI or industry costs decline, the CITY shall have the
right to receive from the CONSULTANT, a reasonable reduction in
costs that reflect such changes in the industry.
The CITY may after examination, refuse to accept the adjusted costs if
they are not properly documented, increases are considered to be
excessive, or decreases are considered to be insufficient. In the event
the CITY does not wish to accept the adjusted costs and the matter
cannot be resolved to the satisfaction of the CITY, the Contract may be
cancelled by the CITY upon giving thirty (30) calendar days written
notice to the CONSULTANT
ARTICLE 5 -OWNERSHIP AND USE OF DOCUMENTS
5.1 Upon completion of the project and final payment to CONSULTANT, all
documents, drawings, specifications and other materials produced by the
CONSULTANT in connection with the services rendered under this Contract the
documents shall be the property of the CITY whether the Project for which they
are made is executed or not. Notwithstanding the foregoing, the CONSULTANT
shall maintain the rights to reuse standard details and other design features on
other projects. The CONSULTANT shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and
use in connection with CONSULTANT'S endeavors. Any use of the documents
for purposes other than as originally intended by this Contract, without the written
consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to
CONSULTANT and CONSULTANT'S sub-CONSULTANTS.
ARTICLE 6 - FUNDING
6.1 This Contract shall remain in full force and effect only as long as the expenditures
provided in the Contract have been appropriated by the City Commission of
Boynton Beach in the annual budget for each fiscal year of this Contract, and is
subject to termination based on lack of funding.
ARTICLE 7 -WARRANTIES AND REPRESENTATIONS
7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage
in the scope of services contemplated under this Contract and that it will retain and
assign qualified professionals to all assigned projects during the term of this
Contract. CONSULTANT'S services shall meet a standard of care for professional
engineering and related services equal to the standard of care for engineering
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professional practicing under similar conditions. In submitting its response to the
RFQ, CONSULTANT has represented to CITY that certain individuals employed
by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY
has relied upon such representations. Therefore, CONSULTANT shall not change
the designated Project Manager for any project without the advance written
approval of the CITY, which consent shall not be unreasonably withheld.
ARTICLE 8 - COMPLIANCE WITH LAWS
8.1 CONSULTANT shall, in performing the services contemplated by this service
Contract, 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 Contract,shall review and comply with laws, regulations, codes and standards
in effect as of the date of this agreement that are applicable to CONSULTANT'S
services and shall exercise professional care and judgment to comply with
requirements imposed by governmental authorities having jurisdiction over the
project. Should changes in any law, ordinance, or regulation result in increased
costs or delays to services rendered, both parties agree to an equitable adjustment
to schedules and prices.
ARTICLE 9 - INDEMNIFICATION
9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall
indemnify, and hold harmless the CITY, its offices, agents and employees, from
and against any and all losses, or any portion thereof, including reasonable
attorneys'fees and costs, arising from injury or death to persons, including injuries,
sickness, disease or death to CONSULTANT'S own employees, or damage to
property to the extent caused by negligence, recklessness, or intentionally
wrongful conduct of CONSULTANT or other persons employed or utilized by
CONSULTANT in performance of CONSULTANT'S duties. Neither party to this
Contract shall be liable for any special, incidental, indirect or consequential
damages of any kind, including but not limited to lost profits or use that my result
from this Contract or out of the services or goods furnished hereunder.
9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes,
CONSULTANT's indemnification obligation (when providing services to CITY)
shall not exceed the value of CONSULTANT's total compensation. Such
obligation shall not be construed to negate, abridge or otherwise reduce other
rights or obligations of indemnity which would otherwise exist as to a party or
person described in this Article.
PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN
PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF
CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR
DAMAGES RESULTING FROM THE NEGLIGENCE
OCCURRING WITHIN THE COURSE AND SCOPE OF THIS
PROFESSIONAL SERVICES AGREEMENT
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ARTICLE 10 - INSURANCE
10.1 During the performance of the services under this Contract, CONSULTANT shall
maintain the following insurance policies, and provide certificates of insurance
evidencing such coverages and limits, and shall be written by an insurance
company authorized to do business in Florida.
10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and
maintain for the life of this Contract, Worker's Compensation Insurance
covering all employees with limits meeting all applicable state and federal
laws. CONSULTANT shall include the Worker's Compensation and
Employer's Liability Insurance requirements in its subcontracts. This
coverage shall include Employer's Liability with limits meeting all applicable
state and federal laws. This coverage must extend to any sub-
CONSULTANT that does not have their own Worker's Compensation and
Employer's Liability Insurance, unless not required by statute. The policy
must contain a waiver of subrogation in favor of the CITY of Boynton Beach,
executed by the insurance company.
10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and
maintain for the life of this Contract, Comprehensive General LiabilityInsurance. This coverage shall be on an "Occurrence" basis. Coverage
shall include Premises and Operations; Independent Contractors, Products
Completed Operations and Contractual Liability with specific reference of
Article 9, "Indemnification" of this Contract. This policy shall provide
coverage for death, personal injury or property damage that could arise
directly or indirectly from CONSULTANT'S negligent performance of this
Agreement. CONTRACTOR shall maintain a minimum coverage of
1,000,000 per occurrence and $1,000,000 aggregate for personal injury/
and $1,000.000 per occurrence/aggregate for property damage. The
general liability insurance shall include the CITY as an additional insured
and shall include a provision prohibiting cancellation of the policy upon
thirty(30) days prior written notice to the CITY, except for cancellation due
to non-payment of premium.
10.1.3 Business Automobile Liability: The CONSULTANT shall procure and
maintain, for the life of this Contract, Business Automobile LiabilityInsurance. The CONSULTANT shall maintain a $1,000,000 combined
single limit for bodily injury and property damage liability to protect the
CONSULTANT from claims for damage for bodily and personal injury,
including death, as well as from claims for property damage, which may
arise from the ownership, use of maintenance of owned and non-owned
automobile, included rented automobiles, whether such operations be by
the CONSULTANT or by anyone directly or indirectly employed by the
CONSULTANT.
10.1.4 Professional Liability (Errors and Omissions) Insurance: The
CONSULTANT shall procure and maintain for the life of this Contract in the
minimum amount of$1,000,000 per claim/aggregate.
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10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub-
CONSULTANTS comply with the same insurance requirements referenced above.
10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the
CONSULTANT of additional liability insurance coverage or coverage which is
different in kind, the CITY reserves the right to require the provision by
CONSULTANT of an amount of coverage different from the amounts or kind
previously required and shall afford written notice of such change in requirements
thirty (30) days prior to the date on which the requirements shall take effect.
Should the CONSULTANT fail or refuse to satisfy the requirement of changed
coverage within the thirty (30) days following the CITY'S written notice, the CITY,
at its sole option, may terminate the Contract upon written notice to the
CONSULTANT, said termination taking effect on the date that the required change
in policy coverage would otherwise take effect.
10.4 CONSULTANT shall, for a period of two (2) years following the termination of the
Agreement, maintain a "tail coverage" in an amount equal to that described above
if coverage is not otherwise renewed for Comprehensive Liability Insurance on a
claims-made policy only.
ARTICLE 11 - INDEPENDENT CONTRACTOR
11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent
CONSULTANT with respect to the services provided pursuant to this Contract.
Nothing in this Contract shall be considered to create the relationship of employer
and employee between the parties hereto. Neither CONSULTANT nor any
employee of CONSULTANT shall be entitled to any benefits accorded CITY
employees by virtue of the services provided under this Contract. 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 CONSULTANT, or
any employee of CONSULTANT.
11.2 CONSULTANT acknowledges and understands that, as an independent
CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with
Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S
obligation includes, but is not limited to CONSULTANT'S obligation to preserve
public records and make public records available to third parties in addition to the
CITY.
ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES
12.1 The CONSULTANT warrants that he has not employed or retained any company
or person, other than a bonafide employee working solely for the CONSULTANT,
to solicit or secure this Contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration contingent upon or resulting from the award or making of this
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
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price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE
13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a
truth-in-negotiation certificate certifying that the wage rates and costs used to
determine the compensation provided for in this Contract is accurate, complete,
and current as of the date of the Contract.
13.2 The said rates and cost shall be adjusted to exclude any significant sums should
the CITY determine that the rates and costs were increased due to inaccurate,
incomplete, or non-current wage rates or due to inaccurate representations of fees
paid to outside CONSULTANTS. The City shall exercise its rights under this
Certificate"within one (1) year following payment.
ARTICLE 14 -SUBCONTRACTING
14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject
the selection of a particular sub-CONSULTANT and to inspect all facilities of any
SUB-CONSULTANTS in order to make a determination as to the capability of the
SUB-CONSULTANT to perform properly under this contract. The CONSULTANT
is encouraged to seek local vendors for participation in subcontracting
opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project
the following provisions of this Article shall apply:
14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this
Contract, and it is necessary to replace the SUB-CONSULTANT to complete the
work in a timely fashion, the CONSULTANT shall promptly do so, subject to
acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a
subcontractor shall not be adequate cause to excuse a delay in the performance
any portion of this contract as set forth in the Scope of Work.
14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees
agree to be bound by the Terms and Conditions of this Contract and it's agreement
with the SUB-CONSULTANT for work to be performed for the City the
CONSULTANT must incorporate the terms of this contract.
ARTICLE 15 - DISCRIMINATION PROHIBITED
15.1 The CONSULTANT, with regard to the work performed by it under this Contract,
will not discriminate on the grounds of race, color, national origin, religion, creed,
age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
ARTICLE 16 -ASSIGNMENT
16.1 The CONSULTANT shall not sublet or assign any of the services covered by this
Contract without the express written consent of the CITY.
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ARTICLE 17 - NON-WAIVER
17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not
be binding upon the waiving party unless such waiver is in writing. In the event of
a written waiver, such a waiver shall not affect the waiving party's rights with
respect to any other or further breach. The making or acceptance of a payment
by either party with knowledge of the existence of a default or breach shall not
operate or be construed to operate as a waiver of any subsequent default or
breach.
ARTICLE 18—TERMINATION
18.1 Termination for Convenience: This Contract may be terminated by the CITY for
convenience, upon ten (10) days of written notice by the terminating party to the
other party for such termination in which event the CONSULTANT shall be paid its
compensation for services performed to termination date, including services
reasonably related to termination. In the event that the CONSULTANT abandons
the Contract or causes it to be terminated, CONSULTANT shall indemnify the CITY
against loss pertaining to this termination.
18.2 Termination for Default: In addition to all other remedies available to the CITY,this
Contract shall be subject to cancellation by the CITY for cause, should the
CONSULTANT neglect or fail to perform or observe any of the material terms,
provisions, conditions, or requirements herein contained, if such neglect or failure
continue for a period of thirty (30) days after receipt by CONSULTANT of written
notice of such neglect or failure. In the event of non-payment of other material
breach of this Contract by CITY, the Contract is subject to cancellation by
CONSULTANT should such condition continue for a period of thirty(30) days after
receipt by CITY of written notice of breach.
ARTICLE 19— DISPUTES AND VENUE
19.1 Any dispute arising out of the terms or conditions of this Contract shall be
adjudicated within the courts of Florida. Further, this Contract shall be construed
under Florida Law. Claims, disputes or other matters in question between the
parties to this Contract arising out of or relating to this Contract shall be in a court
of law. The CITY does not consent to mediation or arbitration for any matter
connected to this Contract. The parties agree that any action arising out of this
Contract shall take place in Palm Beach County, Florida.
ARTICLE 20—UNCONTROLLABLE FORCES
20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this
Contract if delays in or failure of performance shall be due to Uncontrollable
Forces, the effect of which, by the exercise of reasonable diligence, the non-
performing party could not avoid. The term "Uncontrollable Forces" shall mean
any event which results in the prevention or delay of performance by a party of its
obligations under this Contract and which is beyond the reasonable control of the
non-performing party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
Boynton Beach Utilities-General Consulting Services
V.5 CLEAN FINAL C-21
Page 1540 of 1829
governmental actions. In such circumstances, parties agree to an equitable
adjustment of schedules and prices.
20.2 Neither party shall, however, be excused from performance if non-performance is
due to forces which are preventable, removable, or remediable, and which the non-
performing party could have, with the exercise of reasonable diligence, prevented,
removed, or remedied with reasonable dispatch. The non-performing party shall,
within a reasonable time of being prevented or delayed from performance by an
uncontrollable force, give written notice to the other party describing the
circumstances and uncontrollable forces preventing continued performance of the
obligations of this Contract.
ARTICLE 21 —CITY-PROVIDED INFORMATION AND SERVICES
21.1 CITY shall furnish CONSULTANT available studies, reports and other data
pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to
obtain or provide additional reports and data as required;furnish to CONSULTANT
services of others required for the performance of CONSULTANT'S services
hereunder, and CONSULTANT shall be entitled to use and rely upon all such
information and services provided by CITY or others in performing
CONSULTANT'S services under this Agreement.
ARTICLE 22— ESTIMATES AND PROJECTIONS
22.1 In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for potential projects, CONSULTANT has no control over cost or
price of labor and material; unknown or latent conditions of existing equipment or
structures that may affect operation and maintenance costs; competitive bidding
procedures and market conditions; time or quality of performance of third parties;
quality, type, management, or direction of operating personnel; and other
economic and operational factors that may materially affect the ultimate project
cost or schedule.Therefore, CONSULTANT makes no warranty that CITY'S actual
project costs, financial aspects, economic feasibility, or schedules will not vary
from CONSULTANT'S opinions, analyses, projections, or estimates.
ARTICLE 23—THIRD PARTIES
23.1 The services to be performed by CONSULTANT are intended solely for the benefit
of CITY. No person or entity not a signatory to this Agreement shall be entitled to
rely on CONSULTANT'S performance of its services hereunder, and no right to
assert a claim against CONSULTANT by assignment of indemnity rights or
otherwise shall accrue to a third party as a result of this Agreement or the
performance of CONSULTANT'S services hereunder.
Boynton Beach Utilities-General Consulting Services
C-22V.5 CLEAN FINAL
Page 1541 of 1829
ARTICLE 24 - NOTICES
24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed
to:
City of Boynton Beach Copy to:
Attn: Utilities Director City of Boynton Beach
124 E. Woolbright Road Attn: Procurement Services
Boynton Beach, FL 33435 P.O. Box 310
Boynton Beach, FL 33425
And Notices to CONSULTANT, shall be sent to the following address:
Gentile Glas Holloway
O'Mahoney&Associates, Inc.
Attn: George G.Gentile
1907 Commerce Lane
Suite 101
Jupiter, FL 33458
ARTICLE 25 - INTEGRATED AGREEMENT
25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments,
represents the entire and integrated agreement between the CITY and the
CONSULTANT and supersedes all prior negotiations, representations, or
agreements written or oral. This Contract may be amended only by written
instrument signed by both CITY and CONSULTANT.
25.2 In the event of a conflict between a provision of this Agreement and a provision of
an individual Task Order, the provision of the Task Order will control.
ARTICLE 26 - SOVEREIGN IMMUNITY
26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign
immunity. Nothing in the Agreement is intended, nor shall be construed or
interpreted, to waive or modify the immunities and limitations on liability provided
for in Section 768.28, Florida Statute, as may be emended from time to time, or
any successor statute thereof. To the contrary, all terms and provisions contained
in the Contract, or any disagreement or dispute concerning it, shall be construed
or resolved so as to insure CITY of the limitation from liability provided to any
successor statute thereof. To the contrary, all terms and provision contained in
the Contract, or any disagreement or dispute concerning it, shall be construed or
resolved so as to insure CITY of the limitation from liability provided to the State's
subdivisions by state law.
26.2 In connection with any litigation or other proceeding arising out of the Contract, the
prevailing party shall be entitled to recover its own costs and attorney fees through
and including any appeals and any post-judgment proceedings. CITY'S liability for
costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to
Boynton Beach Utilities-General Consulting Services
V.5 CLEAN FINAL C-23
Page 1542 of 1829
sovereign immunity, or extend CITY'S liability beyond the limits established in
Section 768.28, Florida Statutes, as amended.
ARTICLE 27— PUBLIC RECORDS
27.1 The City is public agency subject to Chapter 119, Florida Statutes. The
CONSULTANT shall comply with Florida's Public Records Law. Specifically,the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY'S custodian of public records, provide the CITY
with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided
in chapter 119, Fla. Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt
from public record disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and, following
completion of the contract, Contractor shall destroy all copies of such
confidential and exempt records remaining in its possession once the Contractor
transfers the records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY,
at no cost to the CITY,all public records in Contractor's possession All
records stored electronically by Contractor must be provided to the
CITY, upon request from the CITY'S custodian of public records, in a
format that is compatible with the information technology systems of
the CITY.
E. IF THE CONSULTANT HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUES, TO THE CONTRACTOR'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CITY CLERK)
P.O. BOX 310
BOYNTON BEACH, FLORIDA, 33425
561-742-6061.
PYLEJna,BBFL.US
Boynton Beach Utilities-General Consulting Services
V.5 CLEAN FINAL C-24
Page 1543 of 1829
Article 28 -LIMITATION OF LIABILITY
THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER
THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE
REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS
REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS,
AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO
THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED
PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER
THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO
ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES)AND
DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT
WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS
IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM
PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY
LAW.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
copies, each of which shall be considered an original on the following dates:
DATED this j.6 day of Zet_i". 4f, / Zp /Y .
CITY OF BOYNTON BEACH j-----.
CityMYnager CONSULTANT
tis.
Attest/Authenticated:
6 '
Title
Corporate
Seal)
City erk
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9' 1 .q ,
Approved -- to F•ut enticate/.
itiaiwaida i.d//I 74//../.41.4.
Office of the Ci ney e etary
411,
Boynton Beach Utilities-General Consulting Services
V.5 CLEAN FINAL C-25
Page 1544 of 1829
EXHIBIT "A"
SCOPE E - FEE SCHEDULE
PRIME: Gentile Glas Holloway O'Mahoney&
Associates, Inc.
SUBCONSULTANT: Stephen Boruff, AlA
Architects + Planners, Inc.
REVISED DATE: July 2, 2018
Personnel Classifications Hourly Rate
Principal 166.00
Project Manager 131.50
Senior Engineer N/A
Senior Planner 129.40
Senior Architect 165.00
Senior Landscape Architect 122.30
Senior Surveyor/Mapper N/A
Structural Engineer N/A
Architect 125.00
Urban Designer 129.40
Planner 76.27
Landscape Architect 102.96
Inspector (Zoning & Landscape) 78.90
GIS Specialist 94.68
Architectural CADD/Technician 74.00
Planning Technician 54.26
Clerical/Administrative 37.13
Reimbursable Expenses:
Direct costs such as postage, prints, delivery
service will be billed at cost.
Boynton Beach Utilities-General Consulting Services
V.5 CLEAN FINAL C-26
Page 1545 of 1829
EXHIBIT "B"
City of Boynton Beach Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of
Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder"
and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance
coverages must have a current rating by A.M. Best Co. of"B+"or higher. (NOTE: An insurance contract or binder may be
accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance
required of contractors, lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City
reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.)
TYPE (Occurrence Based Only) MINIMUM LIMITS REOUIRED
General Liability General Aggregate 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. 1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv.Injury 1,000,000.00
Liquor Liability Each Occurrence 1,000,000.00
Professional Liability Fire Damage(any one fire) $ 50,000.00
Employees&Officers Med.Expense(any one person)5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
Automobile Liability Combined Single Limit 500,000.00
Any Auto Bodily Injury(per person) to be determined
All Owned Autos Bodily Injury(per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
Garage Liability Auto Only,Each Accident 1,000,000.00
Any Auto Other Than Auto Only 100,000.00
Garage Keepers Liability Each Accident 1,000,000.00
Aggregate 1,000,000.00
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident 100,000.00
Disease,Policy Limit 500,000.00
Disease Each Employee 100,000.00
Property
Homeowners Revocable Permit 300,000.00
Builder's Risk Limits based on Project Cost
Other- As Risk Identified to be determined
Boynton Beach Utilities-General Consulting Services
V.5 CLEAN FINAL C-27
Page 1546 of 1829
EXHIBIT "C"
PERFORMANCE EVALUATION FORM
CONSULTING ENGINEERS
Date: Name of Firm:
Office Location:
1. Service: (Check One) Planning/Study Activity,Report,Other
Design/Engineering Services/Preliminary Bid Document
Final Document/Bidding/Contractor Award
Construction Phase/Completion
2. Name of Project:
3. Project Manager:
CONSTRUCTION CONTRACT DATA
5.
a. Engineer's estimate: Final Cost:
b.Substantial Construction Completion Date:
c. Final Construction Completion Date:
6. Overall Rating (Check One) Unsatisfactory
Poor
Fair
Good
Excellent
7. Recommended for Future Contracts? Yes No 0 Conditional
If other than yes,provide detailed explanation on a separate sheet of paper.
8. Name,title,and office of rating officer(e.g.Utilities Director):
9. Signature of rating officer:
Boynton Beach Utilities-General Consulting Services
C-28V.5 CLEAN FINAL
Page 1547 of 1829
1
EXHIBIT "C"
PERFORMANCE EVALUATION FORM
CONSULTING ENGINEERS (CONTINUED)
DESIGN/ENGINEERING SERVICES AND PRELIMINARY
BID DOCUMENT PREPARTION PHASE
Rate numerically 1 to 5 with 5 being the highest score N/A1. Thorough site investigation 1 2 3 4 5
2. Meeting cost limitations 1 2 3 4 5
3. Design/results suitability 1 2 3 4 5
4. Cooperative & responsive 1 2 3 4 5
5. Timeliness of submissions 1 2 3 4 5
6. *Plans clear/detailed 1 2 3 4 5
7. *Plan/spec accuracy 1 2 3 4 5
Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, andcoordinationbetweendisciplines.
Name and title of rating officer(e.g. Utilities Director):
Signature of rating officer:
FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT
Rate numerically 1 to 5 with 5 being the highest score N/A
1. Specs afford competition 1 2 3 4 5
2. Specs complete/thorough 1 2 3 4 5
3. Accuracy of documents 1 2 3 4 5
4. Requirements within engineer's estimate 1 2 3 4 5
5. Cooperative attitude 1 2 3 4 5
6. Timeliness of submissions 1 2 3 4 5
7. Pre-bid conference participation 1 2 3 4 5
8. Response to inquiries 1 2 3 4 5
9. Bid evaluation quality/timeliness 1 2 3 4 5
10. Response to building & permitting agencies 1 2 3 4 5
11. Addendum preparation & permit applications 1 2 3 4 5
Name and title of rating officer(e.g. Utilities Director):
Signature of rating officer:
Boynton Beach Utilities-General Consulting Services
V.5 CLEAN FINAL C-29
Page 1548 of 1829
EXHIBIT "C"
PERFORMANCE EVALUATION FORM
CONSULTING ENGINEERS (CONTINUED)
CONSTRUCTION PHASE COMPLETION
Rate numerically 1 to 5 with 5 being the highest score N/A
1. Drawings Reflect True Conditions 1 2 3 4 5
2. Plans/Specs Accurate/Coordinated 1 2 3 4 5
3. Design Constructability 1 2 3 4 5
4. Timeliness/Quality of Processing Submittals 1 2 3 4 5
5. Product/Equipment Selection Availability 1 2 3 4 5
6. Field Consultation and Investigations 1 2 3 4 5
7. Quality of Support Services 1 2 3 4 5
8. Overall Construction Contract Administration 1 2 3 4 5
9. Project Closeout Documentation Review 1 2 3 4 5
10. Validity of Claims for Extra Costs 1 2 3 4 5
11. Did Consultant provide sufficient copies of signed
plans to allow for timely review and approval by all 1 2 3 4 5
Permitting Agencies?
12. Did the Consultant actively participate in
overcoming problems with the Contractor, Building 1 2 3 4 5
Officials and/or Regulatory Agencies?
13. Change Order Processing (Accuracy, Timeliness,
Documentation, etc.) 1 2 3 4 5
14. Did the Consultant exercise adequate/effecting
coordination and control of subconsultant(s) or 1 2 3 4 5
associate(s)work and paperwork?
15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5
Name and title of rating officer(e.g. Utilities Director):
Signature of rating officer:
Boynton Beach Utilities-General Consulting Services
V.5 CLEAN FINAL C40
Page 1549 of 1829
EXHIBIT "C"
PERFORMANCE EVALUATION FORM
CONSULTING ENGINEERS
continued)
PLANNING/STUDY ACTIVITY, REPORT, OTHER
Rate numerically 1 to 5 with 5 being the highest score N/A
1. Thorough investigation of situation or activity 1 2 3 4 5
2. Cooperative attitude 1 2 3 4 5
3. Timeliness of submissions 1 2 3 4 5
4. Accuracy of documents 1 2 3 4 5
5. Did the Consultant offer cost saving solutions? 1 2 3 4 5
6. Did the Consultant actively participate in problem 1 2 3 4 5
solving?
7. Overall results 1 2 3 4 5
Name and title of rating officer(e.g. Utilities Director):
Signature of rating officer:
Boynton Beach Utilities-General Consulting Services
V.5 CLEAN FINAL C-31
Page 1550 of 1829
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Meadows ParkBoynton Beach, FloridaConceptual Site PlanDesigned:
Drawn:
Approved:
Job no.
Revisions:
Date:
KMS
GGG/EOM/MTH
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19-0113
5.6.19
4.1.19
Page 1551 of 1829
9.A.
C I TY MANA GE R’S RE P ORT
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: C onsider options to rename Veterans Memorial Park in honor
of Tom Kaiser.
E X P L AN ATIO N O F R EQ U E S T: At the November 5 meeting, the City Commission considered the
rec ommendation from the Rec reation & Parks Advisory Board regarding the renaming of the Park. After
much discussion, the Commission requested that staff bring back renaming options.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? No affect
F IS C AL IMPAC T: Non-budgeted TB D - per C ity Commission's discussion
ALT E R N ATIV E S: D o not c onsider renaming options.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Exhibit Monument W ording Options
Page 1552 of 1829
With special
recognition to:
Mayor jerry Taylor
commissioner Robert
Ensler
Stanley Gavlick, u.s.n.
Park co-chairman
Option #1
Option #2: With two side bricks
Boynton Beach
Veterans Memorial Park
In Honor of Tom Kaiser
Through his vision and leadership of the
Boynton veteran’s council, this park became a
Tribute to all who served protecting America
With assistance of the mayor, city commission
And the people of Boynton Beach
His vision became a reality
Boynton Beach
Veterans Memorial Park
In Honor of Tom Kaiser
Whose leadership and commitment
Created this memorial for all Veterans
as a reminder of their service and sacrifice
For our Country
Etched picture of
Tom Kaiser
Page 1553 of 1829
9.B.
C I TY MANA GE R’S RE P ORT
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
Requested Ac tion by City C ommission: Authorize staff to implement the I nclusion W orks Business
Rec ognition Program and approve the use of 1% of Business Tax Receipts to fund the program beginning in
F Y2020.
E X P L AN ATIO N O F R EQ U E S T:
The City of B oy nton Beach wishes to recognize loc al businesses that commit to considering the special
needs of individuals living in or visiting Boynton Beac h. Our I nc lusion W orks Business Recognition Program
offers a simple and flexible way for businesses to demonstrate their desire to join the City of Boy nton Beac h
in embracing a c ulture of inc lusion. This program helps meet the City’s goal of working together to welcome
individuals of all abilities to live, work and enjoy all our beautiful c ity has to offer. W orking together we will
grow our culture of inclusion in Boy nton Beac h!
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
All businesses that are located within the Boynton Beac h city limits and have a current Business Tax Receipt
(B TR) with the City are eligible.
The I nclusion W orks Business Rec ognition Program will operate as follows. To register, a business will
complete an online application and four initial required ac tions:
Establish a polic y to fully comply with the Americ ans with Disabilities A ct (A D A) and schedule one
hour of training provided by the City’s I nc lusion Support Team on the A D A
Confirm that employ ees have viewed “At Your Servic e” Customer Servic e video
Review S ervice Animal regulations and establish a Service Animal Policy
Develop multiple methods for patrons to provide feedbac k, inc luding a policy on how to address
grievances
They will then c hoose at least five voluntary inc lusionary actions (from a menu of options) to complete within
six months. C ity staff will conduc t a six-month site visit to confirm they have met their commitments and
bestow the recognition. Partic ipants will be expected to demonstrate continual improvement by implementing
at least one additional inclusionary ac tion per y ear to remain in the program.
The Grants & A D A Coordinator, A D A Coordinator A ssistant, and a contrac tual B usiness Outreach Specialist,
will administer the program with some involvement from the C ity’s I nc lusion S upport Team, Economic
Development S pecialist and Marketing Manager.
F IS C AL IMPAC T: Non-budgeted
Business Tax Rec eipts generate approximately $1.9M annually. These funds do not have federal or state
restric tions on how they may be used. W e are requesting that 1%, be designated to support our local
businesses, by providing educ ation and resources on the Americans with Disabilities Ac t, so they may
become more inc lusive in their business practic es.
Upon program approval, a permit code will be c reated with corresponding acc ount numbers.
ALT E R N ATIV E S:
Page 1554 of 1829
Not approve the I nclusion W orks Business Rec ognition Program.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant? No
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Attachment D RA F T I nclusion W orks Business Partner
Program
Page 1555 of 1829
DRAFT Inclusion Business Program 2020
P a g e | 1
City of Boynton Beach
2020 Inclusion Works Business Recognition Program
The City of Boynton Beach wishes to recognize local businesses that commit to considering the special
needs of individuals living in or visiting Boynton Beach. Our Inclusion Works Business Recognition
Program offers a simple and flexible way for your business to demonstrate your desire to join the City
of Boynton Beach in embracing a culture of inclusion. This program helps meet the City’s goal of
working together to welcome individuals of all abilities to live, work and enjoy all our beautiful city has
to offer. Working together we will grow our culture of inclusion in Boynton Beach!
We welcome all businesses that are located within the Boynton Beach city limits and have a current
Business Tax Receipt (BTR) with the City. Register your business today!
Business Incentives:
• A “Boynton Beach Inclusion Works Business Partner” window decal, wall certificate, and
digital logo to display at your business and in marketing materials.
• Recognition at a City Commission meeting, on the City’s website, and in the City’s social
media.
• Your business name in City press releases about the Inclusion Works Business Recognition
Program.
• Invitation to participate in the 30th Anniversary of the Americans with Disabilities Act (ADA)
celebration on July 26, 2020, (Become an Inclusion Works Business Partner by May 1,
2020).
• Training support on ADA Title I, ADA Title III, Customer Service & Service Animals.
• You may qualify for Business Tax Credits.
All businesses in the City also will have the support of the City of Boynton Beach Inclusion Support Team.
Embracing inclusion provides additional benefits to your business!
• Financial savings through Business Tax Credits.
• A healthy and positive work environment.
• Enhanced marketing to welcome a more diverse customer base and talent pool.
• Being an industry leader and portraying a positive image.
Register your business today!
Page 1556 of 1829
DRAFT Inclusion Business Program 2020
P a g e | 2
How to become a Boynton Beach Inclusion Works Business Partner
STEP 1: Register your Commitment
• Complete the Inclusion Works Business Application and City staff will help you get started.
• Complete the required inclusionary actions and checklist items within 6 months after
submitting application. Your business must complete 4 required actions and select at least 1
action in each of the 5 focus areas: Deaf or Hard of Hearing, Blind or Visual Impairment,
Intellectual or Developmental Disability, Autism Spectrum, General Accessibility & Inclusion
Practices.
• City staff will contact you to confirm receipt of your application and answer any questions.
• City Staff will provide education and resources regarding ADA Title I, ADA Title III, Customer
Service and Service Animals. Please contact Debbie Majors, InclusionWorks@bbfl.us, with
application questions.
STEP 2: Achieve Recognition
• Six months after registration (or earlier if you wish), City staff will visit your business to
document that you have completed your selected actions.
• After ensuring that you met your commitments:
o You will be awarded your “Boynton Beach Inclusion Works Business Partner” window
decal, wall certificate, and digital logo.
o You will be recognized at a City Commission meeting, on the City’s website, and in the
City’s social media.
o You will receive an invitation to participate in the 30th Anniversary of the Americans
with Disabilities Act (ADA) celebration on July 26, 2020.
STEP 3: Maintain Recognition
• After receiving Inclusion Works Business Partner Recognition, you will be asked to commit to
implementing at least one additional Voluntary Action each year from the Inclusion Works
Checklist.
• You will meet with City staff on an annual basis to demonstrate that you are maintaining
current inclusive business practices, and implementing one new action per year, to maintain
your Inclusion Works Business Partner Recognition.
Questions?
Contact the City at any time during the process for assistance in implementing inclusion works business
practices:
• Debbie Majors, Grants & ADA Coordinator, majorsd@bbfl.us, (561) 742-6241
• Ted Goodenough, ADA Coordinator Assistant, Goodenought@bbfl.us, (561) 742-6242
Page 1557 of 1829
DRAFT Inclusion Business Program 2020
P a g e | 3
Inclusion Works Business Partner
Application
Yes! Our business would like to join the City of Boynton Beach in embracing a
culture of inclusion.
Business Information
Name of business: Click here to enter text.
Business Address (in Boynton Beach): Click here to enter text.
Corporate Address (if applicable): Click here to enter text.
Point of Contact (Name, Phone Number, Email address): Click here to enter text.
Best day/time to reach you: Click here to enter text.
Type of Business:
__ Dining & Food
__ Retail
__ Medical
__ Fitness/Wellness
__ Financial Institution/Services
__ Entertainment
__ Professional
__ Other: _______________________
Is your business a:
__ Single-unit operation
__ Multi-unit operation
How many total units? ______How many units are in the City of Boynton Beach? ____________
Please email, or mail this form, or bring it to:
City of Boynton Beach
Attn: Debbie Majors, Grants & ADA Coordinator
3301 Quantum Blvd. Suite, 101
City Manager’s Office of Accessibility
Boynton Beach, FL 33426
Email: InclusionWorks@bbfl.us
(561) 742-6241
Page 1558 of 1829
DRAFT Inclusion Business Program 2020
P a g e | 4
Let’s Get Started!
Required Inclusionary Actions
Please indicate ( ) that you have completed all of the following actions:
For additional information and resources re: this section contact Debbie Majors, majorsd@bbfl.us
Establish a policy to work towards full compliance with the Americans with Disabilities Act and provide
all existing staff and new hires with 1 hour of training provided by the City’s Inclusion Support Team, on
the Americans with Disabilities Act (ADA) Title I, Title III and Customer Service. This policy and practice
will be reviewed at your 6-month site visit. Email InclusionWorks@bbfl.us to schedule employee
training.
All employees view, “At Your Service” Customer Service Video. Please scan completed employee sign in
sheet, with date and email to InclusionWorks@bbfl.us.
Review Service Animals regulations and establish a Service Animal Policy for your business. Please email
the policy to InclusionWorks@bbfl.us.
Develop multiple methods for patrons to provide feedback, including a policy on how to address
disability related grievances. Please email the policy to InclusionWorks@bbfl.us.
Inclusion Works Business Checklist
Please select ( ) at least 5 total Voluntary Actions from the lists below (including at least 1 each in
category) and commit to completing them within 6 months of submitting your Inclusion Works
Business application.
Welcoming Individuals who are Deaf or Hard of Hearing (choose at least 1)
For additional information and resources re: this section contact Beth Wagmeister, Beth@bbfl.us
Provide all existing staff and new hires awareness and sensitivity training on Deaf Culture
Provide all existing staff and new hires basic American Sign Language classes
Purchase and have available for use a tablet with Video Relay Interpreting (VRI) installed
Purchase and have available for use a portable hearing loop system
Purchase and install visual smoke detectors
Purchase and have available for use a Roger Pen (wireless microphone transmitter that clarifies
speech in noisy environments whether close up or over distance)
Establish policies and procedures for hiring an American Sign Language (ASL) Interpreter for
effective communication
Restaurants: Provide customers with menu checklist for ordering
Provide a volunteer or internship opportunity for individuals who are Deaf (volunteer work
experience support available at no cost)
Hire individual(s) who is deaf or hard of hearing (employment support available at no cost)
Other inclusion initiatives (subject to approval by City staff):
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DRAFT Inclusion Business Program 2020
P a g e | 5
Welcoming Individuals who are Blind or visually impaired (choose at least 1)
For additional information and resources re: this section contact Ted Goodenough,
goodenought@bbfl.us
Provide all existing staff and new hires awareness and sensitivity training on blindness and visual
impairments
Provide written materials in large font (18 point Arial) Large Print Information
Restaurants: Provide audio version of menu
Create a descriptive layout of the interior of the establishment, including restrooms
Offer Personal Shopper for individuals and teach employees “Sighted Guide” skills
Restaurants: Train employees on clock method of describing location of food and beverage
Provide a volunteer or internship opportunity for individuals who are blind or has a visual impairment
(volunteer work experience support available at no cost)
Train employees to properly identify currency when exchanging cash
Hire individual(s) who is blind or has a visual impairment (employment support available at no cost)
Fitness/Wellness: Add “Bump Dots” to exercise equipment
Retail: Add Braille dots to price tags
Other inclusion initiatives (subject to approval by City staff):
Welcoming Individuals on the Autism Spectrum (choose at least 1)
For additional information and resources re: this section contact Debbie Majors, majorsd@bbfl.us
Provide all existing staff and new hires awareness and sensitivity training on autism spectrum
disorders.
Provide a designated quiet space for guests, with signage.
Create a Social Story about visiting your business and post on business website and social
media.
It’s easier than you think… Become an Autism Friendly Business!
Review interior signage and create visual supports with the Center for Autism and Related
Disabilities (CARD) support.
Start an Employee Mentoring Program with iRISE2 Be A Mentor - It's an Awesome Experience!
Provide a volunteer or internship opportunity for individuals who are on the Autism Spectrum
(volunteer work experience support available at no cost).
Hire individual(s) on the Autism Spectrum (employment support available at no cost).
Other inclusion initiatives (subject to approval by City staff):
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DRAFT Inclusion Business Program 2020
P a g e | 6
General Accessible and Inclusionary Business Practices (choose at least 1)
For information and resources re: this section contact Debbie Majors majorsd@bbfl.us
Partner with a City of Boynton Beach Inclusion Support Team Member organization on an event
or fundraiser (email InclusionWorks@bbfl.us to request)
Provide Closed Captioning on all video, posted on social media and business website
Create a policy to comply with WCAG 2.0 AA requirements for website accessibility
What is WCAG 2.0 AA?
Add Reasonable Accommodation Request language to all business advertisements and website
Assess your business using the ADA Update: A Primer For Small Businesses, and contact the City
Inclusion Support Team for assistance making changes for greater inclusion (email
InclusionWorks@bbfl.us to request)
Other policies or initiatives to make your business or the Boynton Beach community more
inclusive (subject to approval by City staff):
Please email, or mail this form, or bring it to:
City of Boynton Beach
Attn: Debbie Majors, Grants & ADA Coordinator
3301 Quantum Blvd. Suite, 101
City Manager’s Office of Accessibility
Boynton Beach, FL 33426
Email: InclusionWorks@bbfl.us
(561) 742-6241
This document is available in alternate accessible formats upon request by calling the City of
Boynton Beach ADA Coordinator at (561) 742-6241 or (Florida Relay) 1-800-955-8771,or
email InclusionWorks@bbfl.us
Welcoming Individuals with Intellectual or Developmental Disability (choose at least 1)
For additional information and resources re: this section contact Stephanie Soplop, soplops@bbfl.us
Provide all existing staff and new hires awareness and sensitivity training on Intellectual or
Developmental Disabilities
Provide visual supports for interior signage
Provide a volunteer or internship opportunity for individuals with Intellectual or Developmental
Disability (volunteer work experience support available at no cost)
Hire individual(s) with an intellectual or developmental disability (employment support
available at no cost)
Other inclusion initiatives (subject to approval by City staff):
Page 1561 of 1829
9.C.
C I TY MANA GE R’S RE P ORT
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: C ity Lobby ist, Mat Forrest of B allard Partners, will present
the key issues/bills facing the C ity during the 2020 Legislative Session. City Commission to discuss and
approve Legislative Priorities for the 2020 Legislative Session in Tallahassee.
E X P L AN ATIO N O F R EQ U E S T: Each year the Commission approves a general list of priorities for staff to
monitor throughout the legislative session. Attached is a list of general topic s about which many bills will be
introduced. Staff has rec ommended which items to oppose, support or watc h. Once adopted by the
Commission, staff and elected offic ials can communicate with our legislative delegation to express our
conc erns and/or support for matters being considered by the legislature.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
F IS C AL IMPAC T: TB D - Unfunded mandates can be c ostly to City operations.
ALT E R N ATIV E S: Not establish legislative priorities.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Attachment 2020 Legislative P riority List
Addendum Proposed Amendments - F L Statute 252.363
Page 1562 of 1829
City of Boynton Beach City Commission
2020 Legislative Priorities
Legislative Actions
Home Rule
OPPOSE any legislative efforts to impede or preempt the constitutional right of municipal
Home Rule powers. The City OPPOSES the Legislature’s persistent intrusion into local
finances, which are necessary to provide financial stability and essential services uniquely
required by municipal residents and local businesses.
The state legislature has attempted to restrict local self-governing for issues such as
building and land use, small-cell wireless, community redevelopment agencies, vacation
rentals, municipal elections, medical marijuana, concealed weapons and firearms,
firefighter cancer disability presumption, local business taxes, fiscal transparency, ad
valorem taxes, stormwater and wastewater management, traffic infraction detectors, and
drones.
Unfunded Mandates
OPPOSE any unfunded mandates imposed on local governments through the legislative or
budget process.
Regulation of Group/Sober Homes
SUPPORT licensing/taxing/zoning regulation for operation of group/sober homes at the
local level.
SUPPORT legislation requiring certification for all recovery residences and recovery
residence administrators to ensure that this vulnerable population is protected and that
recovery residence administrators have the competencies necessary to appropriately
respond to the needs of residents.
Opioid Fight
SUPPORT legislation that helps provide local support to address this wide ranging issue.
SUPPORT legislation that provides funding opportunities for municipalities to help combat
the opioid crises.
Communications Services Tax Protection
The City SUPPORTS legislation to reform the Communications Services Tax in a manner
that is revenue neutral; provides for a broad and equitable tax base; provides for enhanced
stability and reliability as an important revenue source for local government; and provides
a uniform method for taxing communication services in Florida. Reform should promote a
Page 1563 of 1829
competitively neutral tax policy that will free consumers to choose a provider based on tax
neutral considerations.
Short-Term Rentals
The City SUPPORTS legislation that restores local zoning authority with respect to short-
term rental properties, thereby preserving the integrity of Florida’s residential
neighborhoods and communities. The Florida League of Cities OPPOSES legislation that
preempts municipal authority as it relates to the regulation of short-term rental properties.
Government-Owned Utilities
MONITOR and OPPOSE any legislation that will remove home rule authority for
municipalities providing water and sewer services outside municipal boundaries.
Water
The Florida League of Cities SUPPORTS legislation to address the state’s critical water
resource and water quality deficiencies to mitigate the negative economic impact of these
deficiencies through priority corrective actions and funding. The legislation should include:
• establishment of a dedicated and recurring source of state funding to meet current
and projected local government water supply and water infrastructure needs;
• annual assessment by the State of the state, regional and local water resource and
water quality infrastructure improvement needs; and
• development of regional plans to prioritize actions and schedules for addressing
integrated water quality and water supply needs based on objective criteria.
Transportation/Mobility Fee
The City SUPPORTS legislation that preserves local control of transportation planning. The
legislation should create an equitable transportation funding formula among the state,
municipalities and counties, while providing for additional transportation revenue to
support innovative infrastructure and transit projects to meet the surging transportation
demands driven by dramatic growth throughout Florida.
Commuter Rail
MONITOR and SUPPORT legislative and budget opportunities related to FEC
commuter rail station for downtown Boynton Beach and budgetary opportunities to
offset infrastructure costs as well as funding options for Operations & Maintenance.
CRA/Downtown Redevelopment & Transit Oriented Development
(TOD’s)
SUPPORT legislation that would improve the city’s us of community redevelopment
agencies to affectively carry-out redevelopment and community revitalization in
accordance with Home Rule.
SUPPORT and MONITOR legislation that will strengthen and support the planning and
implementation of transit-oriented developments (TOD’s) on a local and/or regional scale.
Page 1564 of 1829
Emergency Management/Mitigation/Sustainability
Recognizing the impacts sustained by cities related to sea-level rise, changing
precipitation patterns and increasing storm severity, the City of Boynton Beach
SUPPORTS legislation that encourages vulnerability assessments, coordinates
resources and supports the efforts of local governments to mitigate and adapt to these
dynamic environmental conditions
Affordable Housing
SUPPORT any legislation that creates funding opportunities for affordable housing
initiatives at the local level. SUPPORT legislation that enhances local efforts to research
assist affordable housing opportunities.
Local Business Tax Receipt
Support legislation that protects local government rights to use local business tax revenue
to provide services that our citizens want and need, including public infrastructure, public
safety services and public transportation infrastructure. Oppose any legislation that would
preempt local regulation of Business Tax such as capping the amount a local municipality
can levy for a Business Tax.
Red Light Cameras
OPPOSE any legislative efforts to impede or preempt local regulation/enforce of red light
cameras.
Local Elections
Oppose any legislation that impedes or preempts local regulation of city municipal
elections.
Eco-tourism and Marine Industry Incentives
SUPPORT legislation that will assist in protecting our beaches and supporting the
marine industry. These include bills to create new, and enhance existing programs
related to working marina’s, increased funding for kayak/canoe launches and water
taxi’s as well as access to local waterways.
Greenways & Trails
SUPPORT legislation that encourages and funds Greenways & Trails. This includes
safe bikeways & pedestrian ways, connectivity with regional plans as well as other
nonmotorized transportation incentives.
Page 1565 of 1829
Cultural Tourism
SUPPORT legislation that identifies the importance of cultural tourism as an economic
driver for local governments and provides funding opportunities for the creation and
continuation of public art, galleries, libraries, events and festivals.
Historic Preservation
SUPPORT legislation that recognizes the importance of local and regional historic
preservation and creates funding opportunities for programming and infrastructure
projects that support historic preservation and provides grant funding. Actively seek
funding opportunities for the preservation and rehabilitation of the city’s Old High
School.
Page 1566 of 1829
Page 1567 of 1829
Page 1568 of 1829
9.D.
C I TY MANA GE R’S RE P ORT
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Presentation by staff and grant rec ipients on F Y18-19
Entrepreneurship and Business I ncubation Grant P rogram results and findings.
E X P L AN ATIO N O F R EQ U E S T: The Boy nton B each Entrepreneurship and B usiness I nc ubation Grant
Program provides funding in the amount of $50,000 to business incubators and working groups on
entrepreneurship to undertake startup growth activities and studies. The results and findings of both the
business incubators and working groups will demonstrate the servic es and incubation loc al Boynton Beach
businesses received, as well as, the challenges and barriers entrepreneurs fac e when starting and growing a
business in B oy nton Beach.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? The results and findings of the
W orking Group reports will influenc e how the F Y19-20 Entrepreneurship and Business I ncubation Grant
Program will be structured and designed.
F IS C AL IMPAC T: N/A
ALT E R N ATIV E S:
S T R AT E G IC P LAN: Building W ealth in the Community
S T R AT E G IC P LAN AP P LIC AT IO N: Business incubation is a tool for the c reation of a competitive small
business sec tor by providing start-up and early stage businesses ac cess to expertise in business
development, data and information, technology, and servic es suc h as financ ial management, mentoring and
coac hing during their c ritical start-up period. They have enabled job and small enterprise c reation, as well as
the c ommerc ialization of innovation that creates soc ial value.
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
Page 1569 of 1829
AT TAC H ME N TS :
Type Desc ription
Attachment 1909 I ncubator Final Report
Attachment 1909 W orking Groups Final Report
Attachment Connect to Greatness, I nc . W orking Group Final
Report
Attachment GB D C Entrepreneurship I nstitute I nc ubator Final
Report
Attachment Boynton Beach Entrepreneurship Grant Findings
Presentation
Page 1570 of 1829
STARTUP SPARK | BOYNTON BEACH
Final Report | October 2019
Page 1571 of 1829
PALM BEACH COUNTY WAS FOUNDED ON APRIL 30, 1909
...AND WE BELIEVE THAT RIGHT NOW EVERYONE CAN BE
THE FOUNDER OF SOMETHING GREAT. OF A NEW
BUSINESS… OR ART PROJECT… OR SOCIAL INITIATIVE… OR
WAY OF LIFE FOR YOURSELF OR YOUR COMMUNITY.
“WE ARE A COLLECTIVE OF CREATORS WHO BELIEVE
THAT IF WE WORK TOGETHER THAT OUR IDEAS,
PROJECTS AND INNOVATIONS WILL BETTER OUR
COMMUNITY. WE ARE UNAPOLOGETICALLY
EXPERIMENTING. WE ARE A PLACE FOR THE PROCESS,
THE MESS, THE IMPERFECTION. WE ARE A PLACE FOR
THE UNKNOWN TO BECOME KNOWN.”
WE ARE 1909
Page 1572 of 1829
PARTNERS
Page 1573 of 1829
STARTUP SPARK | BOYNTON BEACH
WHAT IS AN STARTUP SPARK?
Startup Spark is a 4-week collaborative program designed to help
idea-stage founders refine their business ideas, plug into the local
entrepreneurial ecosystem, and build positive momentum!
APPLICATION | Open 6/25/19 - 7/18/19
●Written application form online with 16 applicants.
●Facilitator Interview for each candidates being considered
COURSE DETAILS | Held 7/22/19 - 8/12/19
●COHORT - 12 Founders from 9 Companies ($100 per Founder)
●FREQUENCY - 1 weeknight /week | 6:00pm - 9:00pm
●VENUE - Budsies, a Boynton Beach eCommerce Startup.
ADDITIONAL EVENTS | Held 8/13/19 - 9/30/19
●WORKSHOPS - Business Workshops with local experts.
●PITCH EVENT - Pitch event for all companies to present.Page 1574 of 1829
THE 1909 FACILITATORS
RYAN WALDEN
Entrepreneur Director
SHANA OSTROVITZ
Accelerator Director
Shana is the Accelerator Director at 1909, leading all programs, workshops, and
mentorship. She oversees partnerships with local governments and organizations to
scale programs like Startup Spark.
Before joining 1909, Shana spent 4 years building the startup Rooster Local in Delray
Beach with 2 other local Co Founders. The company’s mission was to build resources
and communities that support entrepreneurs
Ryan is the Entrepreneur Director at 1909, working with our founders to help them
realize their full potential. This includes facilitating programs, developing curriculum,
and building our mentor community.
Before joining 1909, Ryan was a successful entrepreneur who built and exited two
companies in 6 years. He’s also spent 4 years as a product manager and digital
strategist who now offers his full talents to help local companies.
Page 1575 of 1829
GUEST SPEAKERS
Alex Furmansky
“Listen to your customers. Our customers have been the source of our success. We
listen and deliver what they are asking for, not what we think they should have.”
Furmansky is the founder and CEO of Budsies, a South Florida-based company that brings artwork to
life. Budsies are beautiful custom-sewn stuffed animals created from any drawing or photo. First
launched in August 2013, the company is headquartered in Boynton Beach, Florida. Since its start,
over 77,000 Budsies have been created for happy customers across 63 countries around the world,
including the U.S., France, India and Australia."
Terry Bentley
“You pitch goal is not to get funding, it’s to get the next meeting”
Bentley has closed more than 40 large tech M&A investments and transactions, made investment
decisions concerning hundreds of business plans and proposals, and delivered 25 network products
to market. With an extensive startup advisory experience, he has been closely involved in M&A,
Corporate Development, Marketing, Strategic Business Development and Product Management. He is
an instructor at the Broward Innovation Hub, the US Dept of Labor Startup Now program, and
twice-instructor for the Florida Veterans Entrepreneurship Program.Page 1576 of 1829
GRANT FINANCIALS
CITY OF BOYNTON BEACH GRANT
In 2018, the City Commission approved $50,000
in funds for the Business Incubator Grant
Program, of which $25,000 was allocated to 1909,
with three (3) distinct grants.
$20,000 was allocated for a business incubator in
the form of the 1909 Startup Spark program, and
$2,500 each for two seperate working group
studies; one on technology entrepreneurs and the
other on regional networks of entrepreneurs.
●File No: R19-060
●Date: 6/4/19
USE OF FUNDS
Funds were expended starting July 1st, with the final
funds being expended in September 30th, and
accounting current of September 30th.
Overruns covered through Knight Foundation Grant.
Facilitation
Page 1577 of 1829
ECONOMIC IMPACT
WHAT IS OUR ECONOMIC IMPACT?
Our Cohort members are asked to respond to
surveys tracking their company’s progress,
providing us with measurable Key
Performance Indicators (KPI’s)
COMPANY METRICS | Aggregate
●FULL TIME EMPLOYEES - 27
●PART TIME EMPLOYEES - 8
●TOTAL FTE’s - 31
FINANCIAL METRICS | Aggregate
●TOTAL CUSTOMERS / USERS - 1,227
●REVENUE GENERATED - $255,000
●MONEY RAISED - $0
*Raw data available upon request
INDUSTRY DEMOGRAPHICS
We utilize the North American Industry Classification
System (NAICS) to note our founders’ perceived
industry focus.
Page 1578 of 1829
COHORT ANONYMOUS FEEDBACK
“[I] thought the overall platform was great and
very useful no matter where you are in the
startup phase.”
“The first day I was expecting something
different. But it was philosophical in they way
that you must know yourself before to start a
startup and know what do you want and find
can help you to get your goals! That changed
my mind!”
“it was great to meet amazing people from the
entrepreneur community”
OVERALL COURSE SCORE
FACILITATOR SCORE
SPEAKER SCORE
4.7 out of 5.0
5.0 out of 5.0
4.8 out of 5.0
Page 1579 of 1829
VIDEO OVERVIEW
https://www.youtube.com/weare1909 Page 1580 of 1829
2019 COHORT
Page 1581 of 1829
2019 STARTUP SPARK COHORT
Participants Email Company NAICS
Lianne Hikind lianne.hikind@gmail.com ABC Purple 541613
Brandon Franklin thebdank@gmail.com TrueRevue 511210
Victor Ponce poncev@gmail.com TrueRevue 511210
Jonathan Adler jonathan_adl429@live.com Gentle Art Technological Research 511210
Ryan Flamer ryanf0308@gmail.com On Track Transitions 813211
Lori Long loribeth1957@gmail.com On Track Transitions 813211
Steven Edwards steve@premiervirtual.com Premier Virtual 511210
Sarita Rajpathak Rajasaurusrex@gmail.com Rajasaurusrex 541430
Napoli Gomez napoli.gomez@gmail.com Palm Solar 334413
Michael Cardona contact@unseencs.com Unseen web store 541430
Alex Carmichael lilmanroc9@gmail.com Gentle Art Technological Research 511210
Tim Collins tcollins129@gmail.com Boynton Yard Management Company 722511
*Companies in Red did not complete the program.Page 1582 of 1829
Gentle Art Technological Research
●About: We are here to change the dynamic of business risk. We believe we
have an ethical, social, and economic responsibility to restructure Insurance
Markets for fluidity, affordability, and automation. ARI, our Artificial Intelligence
Risk Engine exists to be the most functional technology solution for risk
awareness and management ever created. We know ARI’s capabilities can go
far beyond risk.
●Company Website: https://gat-r.com/
●Founders:
○Daniel Alex Carmichael: Florida Atlantic University, Boca Raton, Florida.
School of Science/Computer Engineering. Software Developer, Artificial
Intelligence, Machine Learning, Blockchain. 6 years of application
programming experience. Currently focusing on Enterprise Software.
Has worked with: Assembly, Java, Javascript, C, C#, C++, Html
○Jonathan Andrew Adler: Southern New Hampshire University,
Manchester, New Hampshire. Business and I/O Psychology. Point Blank
University, London, United Kingdom. Audio Engineering, Sound Design,
Production. General Lines Property Casualty Agent; Life, Health, and
Variable Annuities. Has worked with: United Healthcare, Aetna, Chubb,
Amwins, Wright Flood, and many others
Page 1583 of 1829
On Track Transitions
●About: A non-profit to help youth identify their next step after
high school and develop necessary skills to reach their goals.
Either university , trade/technical school, or get into workforce
●Company Website: Not yet
●Founders: Lori and Ryan are a mother and son team who are
bringing their vision to life. Lori Long is Corporate trainer at
Corporate Consulting & Coaching, Inc. She Writes grants and
tailors training programs to a variety of public and private sector
organizations. Ryan’s background is in sales and training and
wants to help direct other young people down the right path.
Page 1584 of 1829
Palm Solar
●About: Manufacturing PV Modules (Solar Panels) in Palm Beach
with successful Customer integration to the business (Retailers,
Warehouses, PV Company Installers... Direct to Customer)
●Company Website: Not yet
●Founders:
○Napoli Gomez is an Industrial Engineer with formations and
experiences in Lean Manufacturing and Six Sigma Tools, and
has a Masters Degree in Renewable Energy.
Page 1585 of 1829
Unseen Web Store
●About: Unseen web store provides startups, entrepreneurs and
small businesses access to high-quality pre-made website
tailored to their specific business or industry for an affordable
monthly price. We believe every creative, business & anyone
aspiring to achieve something great should have easy affordable
access to good quality websites so that they may have the best
chance to properly position themselves & grow in their market
●Company Website: https://www.unseenwebstore.com/
●Founder:
○Michael Cardona - In the simplest of terms, I am a creator. I
create art, I create music. And somehow I manage to blend
both of those passions into one business model. I am an
entrepreneur with a passion for creating and bringing ideas
to life. I run three companies, and love them all the same.
Page 1586 of 1829
Boynton Yard Management Company
●About: Two businesses open and several retail spaces available to
open multiple new business opportunities. We are located in the
heart of the CRA's most plighted area and qualify for multiple
grants. Once we have full site control there will be future potential
for large development. I’m looking to have a breakthrough in
moving our business forward and be better prepared to open
several new ones.
●Company Website: http://thefishdepot.net/
●Founder:
○Tim Collins owns several retail and hospitality spaces
including the Fish Depot and Twisted Trunk. “I feel
confident that we can build a large scale event site and
retail hub that will thrive from all of the Downtown
development.”
Page 1587 of 1829
Rajasaurusrex
●About: Rajasaurausrex is a design and apparel company. Today
apparel brands are putting too much effort into sales and not
enough into their brand or storytelling, and people are losing
grasp of the authenticity of the iconic, classic brands they used to
love so much. I want to give people something they can relate to
and then develop stories of their own.
●Company Website: https://rajasaurusrex.carbonmade.com/
●Founder:
○Sarita Rajpathak- Experienced Graphic Designer with a
demonstrated history of working in the design industry.
Skilled in Customer Service, Advertising, Adobe Indesign CC,
Adobe Illustrator, and Microsoft Office. Strong arts and
design professional with a Bachelor of Fine Arts (BFA)
focused in Illustration from Ringling College of Art and
Design.
Page 1588 of 1829
Premier Virtual
●About: Premier Virtual is a multi-functional software-as-a-service
(SaaS) platform designed to facilitate hiring. PV has developed a
custom-built software for licensing, designed to bring employers a
wave of talented new job applicants: a virtual recruitment platform
that has greater functionality and utility for both job seekers and
employers. Premier Virtual's technology allows for enhanced user
analytics and a more personal connection with unmatched ease of
use for both applicants and employers. This powerful technology
can be used in many ways, which has created the opportunity for
PV to license it to other recruitment organizations, as well as
non-hiring companies that seek to put on their own virtual events.
●Company Website: https://www.premiervirtual.com/
●Founder: Steve Edwards is a Veteran of the US Army 82nd Airborne
Division. He has been in sales and leadership for over 15 years. In
2012 he purchased the license rights to Career Showcase SE
Division with Gary Chambers and launched the market from
ground up. Took it from 6 events to over 30 events per year and
expanded to TX and AZ. In early 2018, Steve decided to add virtual
job fairs to his business. He tried the competition and realized that
he could design a more user friendly platform.. Page 1589 of 1829
ABC Purple
●About: I want to create a marketing agency that is focused on
copy, to help companies and entrepreneurs tell their stories
effectively.
●Company Website: Not Yet
●Founder:
○Lianne Hikind is a copywriter and storyteller. She has
worked as a freelance writer supporting several non-profit
and for profit companies. She serves as the Direct of
Content for Future Commerce, a retail podcast focused on
what's new and what's next in commerce - cutting-edge,
next generation technology, strategy
Page 1590 of 1829
TrueRevue
●About: We are creating social awareness through trustworthy,
transparent, and authentic reviews for products and services.
●Company Website: Not Yet
●Founders:
○Brandon Franklin: Brandon Franklin is a Lead Front End
Developer at Cendyn.
○Victor Ponce: Experienced technologist with a
demonstrated history of working in the financial services
industry. Strong technical professional skilled in cloud
architectures, web application development, windows
desktop development, and mobile application
development, as well as leading small to medium sized
development teams.
Page 1591 of 1829
WORKGROUP REPORTS
Page 1592 of 1829
BOYNTON BEACH WORKGROUPS
WHAT WAS OUR GOAL?
The City of Boynton Beach sought through its Business Incubator Grant to
facilitate Workgroups to understand entrepreneurs in Boynton Beach.
We carefully identified those who live and/or work in Boynton Beach and
surveyed them to understand strengths, weaknesses, and conclusions
TECHNOLOGY ENTREPRENEURS
●Lucas Vogel | Founder @ Endpoint Systems
●Leah Halbina | Founder @ LH Marketing
●Brian Schmitt | Co-Founder @ surefoot
●Manish Hirapara | Founder @ PeakActivity
REGIONAL ENTREPRENEURS
●Steven Edwards | Founder & CEO @ Premier Virtual
●James Khalil | Co-Founder @ PowerCalc PAC
●Roxy Lang | Founder @ Synthesis
●Kevin Cox | Ast. Director @ FAU Adams Center for Entrepreneurship
Page 1593 of 1829
Technology Entrepreneur Workgroup
In partnership with the Palm Beach Tech Association
Lucas Vogel | Founder @ Endpoint Systems
> Software Engineering firm focused on enterprise clients
> Sole Proprietorship based in Boynton Beach
Leah Halbina | Founder @ LH Marketing
> Digital Media consultant working with small to medium organizations
> Sole Proprietorship based in Boynton Beach
Brian Schmitt | Co-Founder @ surefoot
> eCommerce agency consulting with Fortune 500 clients
> 5 remote employees with one Co-Founder in Boynton Beach
Manish Hirapara | Founder @ PeakActivity
> eCommerce & Digital agency consulting with Fortune 500 clients
> 55 employees with headquarters in Boynton Beach
Page 1594 of 1829
Regional Entrepreneur Workgroup
In partnership with the Palm Beach Tech Association
Steven Edwards | Founder & CEO @ Premier Virtual
> Recruiting Consultancy hosting virtual hiring fairs
> 5 employees with headquarters in Boynton Beach
James Khalil | Co-Founder @ PowerCalc PAK
> Electrical & Structural Engineering consultancy for building construction
> 5 employees with office in Delray Beach (Co-Founder in Boynton Beach)
Roxy Lang | Founder @ Synthesis
> Project Management firm focused on technology & marketing
> Sole Proprietorship based in Boynton Beach
Kevin Cox | Ast. Director @ FAU Adams Center for Entrepreneurship
> Nonprofit entity supporting entrepreneurs throughout South Florida
> University Department based in Boca Raton (Ast. Dir. in Boynton Beach)
Page 1595 of 1829
WORKGROUP FEEDBACK
“I never saw anything for entrepreneurs until I got the
email about 1909. So, it is getting better.”
“I don't know of any [entrepreneur resources in the City]. I
guess, cheap office space.”
“The best resources a local government can provide in
terms of 'resources' is to keep all barriers as low as
possible for economic activity.”
“[Boynton Beach] was cost effective for me to buy a
house with wife and raise family. My office is 3 minutes
from home which is a must for me.”
“The city is far behind Boca, Delray, & West Palm even
though it has an ideal central location that can attract
talent from all over the county.”
“A focused effort on entrepreneurship and corporate
development would bear significant results & lead to a
better economic balance.”
HOW WOULD YOU PRIORITIZE THESE NEEDS
HOW WOULD YOU PRIORITIZE THESE RESOURCES
Page 1596 of 1829
WORKGROUP SCORES
City of Boynton Beach
2.1 out of 5.0
Palm Beach County
3.4 out of 5.0
City of Boynton Beach
3.4 out of 5.0
Palm Beach County
2.8 out of 5.0
City of Boynton Beach
2.0 out of 5.0
Palm Beach County
3.0 out of 5.0 ENTREPRENEURSHIP
COST OF LIVING
BUSINESS CLIMATE
Page 1597 of 1829
WORKGROUP CONCLUSIONS
1. STARTUP FOUNDERS CAN AFFORD TO LIVE IN BOYNTON BEACH
Regardless of where founders choose to build their offices, they are able to build a home in
Boynton Beach. But there is little foundation for founders to build or launch.
The Median Property Value in Boynton Beach was $164,300 vs Palm Beach County which was $242,500
based on 2017 data from the US Census Bureau. Additionally, 87% of residents commuted an average
24.1 minutes based on the same data set. *https://datausa.io/profile/geo/boynton-beach-fl/
2. CONTINUED INVESTMENT IN ACCELERATOR PROGRAMS
Echoing the Startup Spark report, capitalizing on momentum with additional programs would be
well suited to the needs of Boynton Beach’s small and emerging business founders. This also
engages many who work from home or in isolated private offices to work together.
3. BOYNTON BEACH NEEDS AN ENTREPRENEURIAL WORKSPACE
Many definitions are used to describe this; coworking, incubator, or shared office. The term is
ultimately irrelevant to the need, with at least one space east of I-95 in most all major
municipalities in Palm Beach County but Boynton Beach.
The City of Boynton Beach should facilitate the establishment of a 3,000 - 5,000 sq foot soft
landing / launching workspace in or around the new Town Square. Centralizing a startup hub
within a downtown activity center is not only attractive, it’s a compounding community benefit.Page 1598 of 1829
@weare1909
Follow along
Page 1599 of 1829
WORKGROUP | BOYNTON BEACH
Final Report | October 2019
Page 1600 of 1829
PALM BEACH COUNTY WAS FOUNDED ON APRIL 30, 1909
...AND WE BELIEVE THAT RIGHT NOW EVERYONE CAN BE
THE FOUNDER OF SOMETHING GREAT. OF A NEW
BUSINESS… OR ART PROJECT… OR SOCIAL INITIATIVE… OR
WAY OF LIFE FOR YOURSELF OR YOUR COMMUNITY.
“WE ARE A COLLECTIVE OF CREATORS WHO BELIEVE
THAT IF WE WORK TOGETHER THAT OUR IDEAS,
PROJECTS AND INNOVATIONS WILL BETTER OUR
COMMUNITY. WE ARE UNAPOLOGETICALLY
EXPERIMENTING. WE ARE A PLACE FOR THE PROCESS,
THE MESS, THE IMPERFECTION. WE ARE A PLACE FOR
THE UNKNOWN TO BECOME KNOWN.”
WE ARE 1909
Page 1601 of 1829
PARTNERS
Page 1602 of 1829
BOYNTON BEACH WORKGROUPS
WHAT WAS OUR GOAL?
The City of Boynton Beach sought through its Business Incubator Grant to
facilitate Workgroups to understand entrepreneurs in Boynton Beach.
We carefully identified those who live and/or work in Boynton Beach and
surveyed them to understand strengths, weaknesses, and conclusions
TECHNOLOGY ENTREPRENEURS
●Lucas Vogel | Founder @ Endpoint Systems
●Leah Halbina | Founder @ LH Marketing
●Brian Schmitt | Co-Founder @ surefoot
●Manish Hirapara | Founder @ PeakActivity
REGIONAL ENTREPRENEURS
●Steven Edwards | Founder & CEO @ Premier Virtual
●James Khalil | Co-Founder @ PowerCalc PAC
●Roxy Lang | Founder @ Synthesis
●Kevin Cox | Ast. Director @ FAU Adams Center for Entrepreneurship
Page 1603 of 1829
THE 1909 FACILITATORS
JOE RUSSO
Executive Director
SHANA OSTROVITZ
Accelerator Director
Shana is the Accelerator Director at 1909, leading all programs, workshops, and
mentorship. She oversees partnerships with local governments and organizations to
scale programs like Startup Spark.
Before joining 1909, Shana spent 4 years building the startup Rooster Local in Delray
Beach with 2 other local Co Founders. The company’s mission was to build resources
and communities that support entrepreneurs
Joe is the Executive Director at 1909, working with our partners and supporters to scale
the mission and impact. This includes leading all aspects of the organization while
strategizing with the overall entreprenurial ecosystem.
Before launching 1909, Joe built up the Palm Beach Tech Association as its Founding
Executive Director for the past 4 years. He previously worked with a public policy think
tank and as a public affairs consultant prior to supporting local small businesses.
Page 1604 of 1829
Technology Entrepreneur Workgroup
In partnership with the Palm Beach Tech Association
Lucas Vogel | Founder @ Endpoint Systems
> Software Engineering firm focused on enterprise clients
> Sole Proprietorship based in Boynton Beach
Leah Halbina | Founder @ LH Marketing
> Digital Media consultant working with small to medium organizations
> Sole Proprietorship based in Boynton Beach
Brian Schmitt | Co-Founder @ surefoot
> eCommerce agency consulting with Fortune 500 clients
> 5 remote employees with one Co-Founder in Boynton Beach
Manish Hirapara | Founder @ PeakActivity
> eCommerce & Digital agency consulting with Fortune 500 clients
> 55 employees with headquarters in Boynton Beach
Page 1605 of 1829
Regional Entrepreneur Workgroup
In partnership with the Palm Beach Tech Association
Steven Edwards | Founder & CEO @ Premier Virtual
> Recruiting Consultancy hosting virtual hiring fairs
> 5 employees with headquarters in Boynton Beach
James Khalil | Co-Founder @ PowerCalc PAK
> Electrical & Structural Engineering consultancy for building construction
> 5 employees with office in Delray Beach (Co-Founder in Boynton Beach)
Roxy Lang | Founder @ Synthesis
> Project Management firm focused on technology & marketing
> Sole Proprietorship based in Boynton Beach
Kevin Cox | Ast. Director @ FAU Adams Center for Entrepreneurship
> Nonprofit entity supporting entrepreneurs throughout South Florida
> University Department based in Boca Raton (Ast. Dir. in Boynton Beach)
Page 1606 of 1829
WORKGROUP FEEDBACK
“I never saw anything for entrepreneurs until I got the
email about 1909. So, it is getting better.”
“I don't know of any [entrepreneur resources in the City]. I
guess, cheap office space.”
“The best resources a local government can provide in
terms of 'resources' is to keep all barriers as low as
possible for economic activity.”
“[Boynton Beach] was cost effective for me to buy a
house with wife and raise family. My office is 3 minutes
from home which is a must for me.”
“The city is far behind Boca, Delray, & West Palm even
though it has an ideal central location that can attract
talent from all over the county.”
“A focused effort on entrepreneurship and corporate
development would bear significant results & lead to a
better economic balance.”
HOW WOULD YOU PRIORITIZE THESE NEEDS
HOW WOULD YOU PRIORITIZE THESE RESOURCES
Page 1607 of 1829
WORKGROUP SCORES
City of Boynton Beach
2.1 out of 5.0
Palm Beach County
3.4 out of 5.0
City of Boynton Beach
3.4 out of 5.0
Palm Beach County
2.8 out of 5.0
City of Boynton Beach
2.0 out of 5.0
Palm Beach County
3.0 out of 5.0 ENTREPRENEURSHIP
COST OF LIVING
BUSINESS CLIMATE
Page 1608 of 1829
WORKGROUP CONCLUSIONS
1. STARTUP FOUNDERS CAN AFFORD TO LIVE IN BOYNTON BEACH
Regardless of where founders choose to build their offices, they are able to build a home in
Boynton Beach. But there is little foundation for founders to build or launch.
The Median Property Value in Boynton Beach was $164,300 vs Palm Beach County which was $242,500
based on 2017 data from the US Census Bureau. Additionally, 87% of residents commuted an average
24.1 minutes based on the same data set. *https://datausa.io/profile/geo/boynton-beach-fl/
2. CONTINUED INVESTMENT IN ACCELERATOR PROGRAMS
Echoing the Startup Spark report, capitalizing on momentum with additional programs would be
well suited to the needs of Boynton Beach’s small and emerging business founders. This also
engages many who work from home or in isolated private offices to work together.
3. BOYNTON BEACH NEEDS AN ENTREPRENEURIAL WORKSPACE
Many definitions are used to describe this; coworking, incubator, or shared office. The term is
ultimately irrelevant to the need, with at least one space east of I-95 in most all major
municipalities in Palm Beach County but Boynton Beach.
The City of Boynton Beach should facilitate the establishment of a 3,000 - 5,000 sq foot soft
landing / launching workspace in or around the new Town Square. Centralizing a startup hub
within a downtown activity center is not only attractive, it’s a compounding community benefit.Page 1609 of 1829
@weare1909
Follow along
Page 1610 of 1829
Category 1 Business Incubation Existing Business Incubator
Annette Gray Founder
1500 Gateway Blvd #220 Boynton Beach FL 33426
info@gbdcei.com phone 561-894-4510 fax 561-894-4501
WWW.GBDCEI.org
Type of organization: 501 c 3 status approved in 2014
Submission Date: May 3,2019
Amount Funded : $20,000
Final Month Progress Report
Boynton Beach Small Business Incubator Grant Report
Total Number of Business Participants 27
Total # of Workshops 8
Total Hours of one on one coaching 150
Number of New Businesses Started 2
Pride Tribe Inc
Brandon Flowers Foundation Inc
Technical Assistance
Converted on Business from LLC to S Corp 2
Completed one application for IRS Non Profit Status 1
Completed on logo design for one client 1
Complete Copy write & Trademark search 1
Developed Consumer Survey 2
Business Plans in Progress 10
Marketing Plans in Progress 2
Page 1611 of 1829
Program Testimonial
“Thus far the program has been very resourceful and helpful. I started with no experience as it
pertains to being an entrepreneur. I now have hope and I am utilizing the given resources to
educate myself, and now I am more motivated to get started as a result of the program. Thanks”!
Santana Allen
Page 1612 of 1829
First Name Last Name Company Status
Allan Hendricks Start Up
Santana Allen Start Up
Adam Farber Start Up
Clay Wright Start Up
Dawn Adderley Start up
Fernando Vargas JPGED LLC
Halaiel Vathil Start Up
Heather Derford My Honey Cooks
Iyasia Bennet ICB Collection LLC
Jamika Hart
Start up
Lachaka Petty Reinvent Cosmetics
Lee Levenson Start Up
Lesha Rountree Start Up
Mary Ofelit Start Up
Widline Alexandre Start Up
Monica Cleckley Existing
Bentraia Rolle Classic Touch Lawn and Maintenance
Regina Orne Start Up
Marius Boyd Growth
Rebecca Corrente
Phairis Luxury Wedding & Events
beauty Lounge
Sandra Watson Existing
Marjorie Myrthil Start up
Geiselle Surette Start up
Patricia Flowers Start up
Keylae Miller Start up
Roseline Joseph Start Up
Victoria Pierre-Louis Start Up
Michelle Olman Start Up
Page 1613 of 1829
Page 1614 of 1829
Page 1615 of 1829
one on One Coaching Day Time
Wednesday 8/21/19 2:00PM -2:30PM
Wednesday 8/21/19 2:45-3:15PM
Wednesday 8/21/19 3:30-4:00 PM
Wednesday 8/21/19 4:30 -5:00 PM
Wednesday 8/21/19 5-5:30 pm
Wednesday 8/21/19 6:15-6:45 PM
Thursday 8/22/19 2:00PM -2:30PM
Thursday 8/22/19 2:45-3:15PM
Thursday 8/22/19 3:30-4:00 PM
Thursday 8/22/19 4:30 -5:00 PM
Thursday 8/22/19 5-5:30 pm
Thursday 8/22/19 6:15-6:45 PM
Friday 8/23/2019 10:00-10:30 AM
Friday 8/23/2019 10:45- 11:15 AM
Friday 8/23/2019 11:30 -12:00 noon
One on one Coaching Day Time
Thursday 9/12/19 10:00 AM – 10:30 AM
Thursday 9/12/19 10:45 AM – 11:15 AM
Thursday 9/12/19 11:30 – 12:00
Thursday 9/12/19 12:15-12-45
Thursday 9/12/19 2:00PM -2:30PM
Thursday 9/12/19 2:45-3:15PM
Thursday 9/12/19 3:30-4:00 PM
Thursday 9/12/19 4:30 -5:00 PM
Thursday 9/12/19 5:15 -5:45 pm
Friday 9/20/19 12:00PM -12:30PM
Friday 9/20/19 1:45-2:15PM
Friday 9/20/19 2:30-3:00 PM
Friday 9/20/19 3:15 -4:45 PM
One on One Coaching Day Time
Page 1616 of 1829
Thursday 10/3/19 10:00 AM – 10:30 AM
Thursday 10/3/19 10:45 AM – 11:15 AM
Thursday 10/3/19 11:30 – 12:00
Friday 10/4/19 10:00 AM – 10:30 AM
Friday 10/4/19 10:45 AM – 11:15 AM
Friday 10/4/19 10:45 AM – 11:15 AM
Tuesday 10/15/19 12:00PM -12:30PM
Tuesday 10/15/19 1:45-2:15PM
Tuesday 10/15/19 2:30-3:00 PM
Tuesday 10/15/19 3:15 -4:45 PM
Tuesday 10/15/19 5:00 PM- 5:30 PM
Page 1617 of 1829
Day
Time
Client
10/21/19
9:00 am Fernando Vargas
10/21/19
2Pm Clay Wright
10/21/19
2:30 Halarel Vathil
10/21/19
3PM Jamika Hart
10/21/19
4PM Iyasia Bennet
10/21/19
4:30 Regina
10/22/19
1pm Keylae Miller
10/22/19 2pm Rosline Joseph
10/28/19 11:30 AM Britiana Rolle
Page 1618 of 1829
Page 1619 of 1829
Page 1620 of 1829
Page 1621 of 1829
1
Connect to Greatness, Inc.
City of Boynton Beach
Data Analysis and Final Report
Part 1: Working Groups on Entrepreneurship for Youth and Youth
Entrepreneurship Survey Results
Part 2: Business Mentorship Survey Results
Part 3: Findings and Recommendations
References
Attachment A: Working Groups on Entrepreneurship for Youth
Student Survey
Attachment B: Working Groups on Entrepreneurship for Youth
Business Mentorship Survey
Submitted by
Project Consultant, Sheila D. Acevedo
President, GEMMS Foundation, Inc.
(Global Educational & Multilingual Multicultural Services)
Design, Development, Data Analysis and Reports
Email: Rev.sdacevedo@gmail.com
Phone: (561) 308-5349
Connect to Greatness, Inc.
President, Cassondra Corbin-Thaddies
1530 W. Boynton Beach Blvd. #3525, Boynton Beach, FL 33424
Email: C2Ginc561@gmail.com
Phone: 561.502.0504
Website: www.connect2greatness.com
Page 1622 of 1829
2
Part 1: Working Groups on Entrepreneurship for Youth
Connect to Greatness, Inc. (C2G) is a 501c3 organization located in Boynton
Beach, Florida. C2G received a grant in 2019 from the City of Boynton Beach’s to
ascertain the interest of middle and high school youth in the Boynton Beach area to
become business owners or entrepreneurs, intern in a local business or industry, and/or
receive mentorship in a business or industry. The second portion of the grant was to
determine the interest among local businesses and Entrepreneurs to mentor local
youth. Ten local Boynton Beach leaders business leaders or entrepreneurs were asked
to complete the Business Mentorship Surveys.
The C2G Project Consultant provided two separate surveys to gather
information. The first survey (see attachment A: Student Survey) is the Connect to
Greatness, Inc. City of Boynton Beach: Working Groups on Entrepreneurship for Youth
Student Survey, based on recognized entrepreneurial mindset and skills (NFTE,
Griffiths, and the Women’s Initiative for Self-Employment). During seven separate
sessions held at two middle schools, two high schools and an afterschool program, a
total sample of 71 students, ages 11 to 18 received an overview of the purpose for the
discussion and completed the Student Survey. They were subsequently asked to
complete the survey to assess their interest in becoming an entrepreneur, what they
already know about getting started, and what challenges or barriers they believe exist to
getting to their goal.
In the final report, qualitative and quantitative data analysis of the survey
responses provide findings and recommendations regarding the local sampling of the
71 middle and high school students responses. Quantitative and qualitative data
Page 1623 of 1829
3
analysis provide findings regarding student interest in entrepreneurship, internship, and
mentorship. An analysis of the qualitative data responses from the Business Mentorship
Survey provides indicators regarding “youth-friendly” businesses in the City of Boynton
Beach.
The first section of data collection within the Student Survey consists of closed
and open-ended qualitative demographic data, including school, age, grade, ethnicity,
gender, and languages spoken in addition to English. Students surveyed attend four
schools: Boynton Beach Community High School (30 Students), Congress Middle
School (2 Students), South Technical Preparatory Academy (29 Students), and South
Technical High School (10 Students). High School students included 32 Females and 8
Males. Middle School Students included 13 Females, 17 Males, and 1 Student who did
not respond to Gender. Students self-identified their Ethnicity as follows:
TABLE 1: ETHNICITY OF YOUTH
African/
African-
American
Asian/
Asian-
American
European-
American
Hispanic/
Latino/
Spanish
Multi-
Ethnic
Other
Middle
School
14 1 1 11 3 1
(Haitian)
High
School
30 1 0 5 4 0
TOTAL 44 2 1 16 7 1
It is not unusual in Palm Beach County Schools for students in the African
Diaspora, including the Caribbean and Haiti to self-identify as African/African-American.
It is typical for students in Palm Beach County Schools to identify themselves as
African/African-American, even though culturally and linguistically, adult Haitian Creole
speakers within the community more often self-identify as Haitian or Haitian American in
Page 1624 of 1829
4
social settings. Only one Middle School Student in the study self-identified ethnicity as
Haitian.
Sixteen students self-identified as Hispanic/Latino/Spanish. There are many
Hispanic/Latino cultural groups in Palm Beach County, Florida, including, but not limited
to Argentinian, Costa Rican, Columbian, Cuban, Dominican, Guatemalan, Honduran,
Mexican, Nicaraguan, Peruvian, Puerto Rican, Spanish, Venezuelan as well as other
geographic areas. Seven students self-identified as Multi-ethnic.
Graphs 1 and 2 indicate the percentages of students reporting the languages
spoken fluently. All students speak English as a first, second, or third language. If the
student response is only English, it is listed as English only. Six t rilingual respondents
speak English, Haitian Creole and French. One trilingual student speaks Arabic,
Spanish, and English.
GRAPHS 1 and 2: STUDENT LANGUAGES
The ability to fluently speak a second or third language can be beneficial in high
school, postsecondary education, social settings, and future business careers. Studies
of bilingual students throughout the world indicate that students who speak additiona l
languages perform better in school over time. Further, with international business
common worldwide, the ability to speak additional languages is beneficial to all students
32%
20%3%
32%
13%
MIDDLE SCHOOL
STUDENT LANGUAGES
English only
HatianCreole
Lithuanian
Spanish
Page 1625 of 1829
5
as well as to international trade and diplomacy. The United Nations uses six official
languages to conduct communication: Arabic, Chinese, English, French, Russian, and
Spanish.
The Indo-European language family is the largest in the world. It consists of 437
languages and has an estimated 2.91 billion speakers across Europe and Asia. This
number of speakers represents nearly half of the total global population. many
languages in the Indo-European family are widely used. This language family
includes English, Spanish, French, German, Russian, Punjabi, Bengali, and Hindustani.
Fifteen respondents identified as Spanish Speakers, five in High School s and ten
in Middle Schools. One Asian Student identified Vietnamese as an additional language,
and one Caucasian/European American identified Lithuanian as the additional
language.
Ten Middle School and 11 High School Students identified their only Language
as English. The majority of students identified themselves as African/African -American.
However, according to the responses to the question of Languages Spoken In Addition
To English, it is highly likely that at least 10 of the Middle School Students and 25 of the
High School Students who self-identified as African/African-American are of the Haitian/
or Haitian American community. Haitian Creole is spoken throughout Palm Beach
County by students born in Haiti or in the U.S.A. Haitian Creole is a French-
based creole language spoken by 10–12 million people worldwide, and is the
only language of most Haitians living in Haiti. Based largely on 18th-century French, it
also has influences from Portuguese, Spanish, English, Taíno, and West
Page 1626 of 1829
6
African languages such as the Ghanaian language of Ewe. French is a second
language spoken and taught in schools throughout Haiti.
Of the trilingual speaking students, six speakers identified their additional
languages as French and Haitian Creole, although only one student identified Ethnicity
as Haitian. Haitian Creole is not commonly spoken fluently within in the community by
African Americans, Asian Americans, or European Americans; therefore, it is a logical
conclusion that students reporting fluency in Haitian Creole or Haitian Creole and
French are Haitian or Haitian American students who speak Haitian Creole as their first
or second languages.
One of the trilingual high school students reported speaking English, Arabic, and
Spanish. Arabic is a member of the Semitic subgroup of the Afro-Asiatic group of
languages. The common ancestor for all Semitic languages (i.e. Hebrew or Amharic) in
the Afro-Asiatic group of languages is called Proto-Semitic.
One student reported speaking Lithuanian. Lithuanian is in the Baltic language
family, and related to Prussian. The student reported speaking English as well.
Another student reported speaking Vietnamese. Vietnamese is the official language of
Vietnam; English is increasingly favored as a second language. French, Chinese,
Khmer and various highlander languages are also spoken in Vietnam.
The Sino-Tibetan language family is the second largest in the world, consisting of
453 family languages and has around 1.268 billion speakers throughout Asia. The most
widely spoken of the Sino-Tibetan languages are Tibetan, Burmese, and Chinese. Of
these, Chinese and all of its variants and dialects have 1.3 billion speakers, more than
Page 1627 of 1829
7
any other language in the world. Currently, Chinese is spoken by many of the world’s
exporters of manufactured goods and products.
Reported in linguistic studies and research, it is easier for students to acquire
additional languages once they become bilingual, especially if the languages are within
the same language family, such as the Romance languages (French, Italian, Spanish).
Further, the younger a learner is, the easier to acquire fluency in additional languages.
Unfortunately, more students indicated that they could speak an additional
language to English than could read and write the additional language, which is often
their primary home languages. Some students in the study who speak a first or second
language other than English may have had interrupted education if their family are
immigrants. Further, many who speak Haitian Creole, Spanish or other languages as a
first language may not have had opportunities to become fluent in speaking, reading or
writing those languages. Many may still be acquiring English as their second language
while completing middle or high school studies.
Studies conducted in the 1990s during the Primary Language Support Project for
Haitian Creole, the language of Haiti and Q’anjob’al, a Guatemalan indigenous
language, produced significant evidence that gaining literacy in one’s first language
assists students in gaining literacy in English because transfer of skills from one
language to another is expedited (Acevedo, S. State of Florida Department of Adult
Education). Based on the first languages of students surveyed i n Boynton Beach,
Florida, respondents who speak English, French, Spanish would achieve the most rapid
success in acquiring spoken and written fluency in Spanish or French as an other
Page 1628 of 1829
8
language because the languages are closely related to their first language s. Students
speaking Haitian Creole will benefit from English, French, and Spanish.
The second section of the Student Survey consists of twenty questions requesting
student responses using a Likert Scale Response as follows:
Strongly Agree=5 Agree=4 Somewhat Agree=3,
Somewhat Disagree=2 Disagree=1.
The twenty Likert-scale questions are indicators of recognized positive student
entrepreneurship qualities (Griffith, NFTE, Women’s Initiative for Self-Employment).
An analysis of the 20 Likert-scale Questions 1 through 20, concludes the 56% to
99% of all 71 students surveyed Agree, Somewhat Agree, or Strongly Agree to each of
the 20 indicators of recognized positive student entre preneurship qualities. Question
17. I have a good network of friends, family, business acquaintances, and/or other
professionals received only 56% Somewhat Agree, Agree, or Strongly Agree. Charts 3
through 7 below highlight three of the strong entrepreneurial indicators, Questions 5, 12
and 18.
Eighty percent of the Students in the Middle Schools grades 6, 7, and 8, between
the ages of 11 and 13, selected Somewhat Agree (22%), Agree (26%), or Strongly
Agree (32%) to Question 5: I set goals and work to achieve them. Among High School
Students, 97% of the students Somewhat Agree (10%), Agree (27%), and Strongly
Agree (60%) to Question 5. Setting goals and working to achieve them is critical both
for success in school, as well as success in a career. It is interesting to note that the
High School Students were nearly twice as likely as Middle School Students to respond
Page 1629 of 1829
9
Strongly Agree to this item. Students often begin narrowing their goals and focusing on
achievement beginning in High School.
GRAPH 3 and 4: GOALS
In response to Question 12, students indicated whether or not they believe
that they can gain financial success through business ownership. Both Middle and High
School Students agreed at 90% that they would benefit financially by owning a
business.
GRAPHS 5 and 6: FINANCIAL SUCCESS/OWN BUSINESS
Students responded overwhelmingly positive in Middle and High School at 97%
Somewhat Agree, Agree, or Strongly Agree to Question 18: I am willing to try something
positive even if other people scoff at/laugh at/bully me for doing it. Sixty four percent of
Page 1630 of 1829
10
the Middle School Students selected Agree, while 55% of the High School Students
selected Strongly Agree, with a total agreement of 97% for Middle and High School.
Bullying is an issue that has been addressed in schools throughout the United States as
awareness has arisen. Programs to eliminate bullying have been implemented at
schools beginning as young as preschool. The response to this question at such a high
rate speaks to student awareness and self-initiative despite challenges.
GRAPHS 7 and 8: WILLINGNESS TO TRY SOMETHING
According to the Women’s Initiative for Self-Employment, respondents who score
60 or above on the 20 indicators in the Student Survey, have the ability to become
entrepreneurs. No students in this sample scored below 56. The scale is as follows:
CHART 1: ENTREPRENEURIAL INDICATOR SCORING
SCORE ASSESSMENT
80-100 The Student has the capability of becoming an outstanding entrepreneur.
60-79 The Student has the capability of becoming an entrepreneur.
40-59 Entrepreneurship may not be appropriate for the Student.
0-39 The Student should avoid entrepreneurship.
Page 1631 of 1829
11
In tallying the individual scores of each of the 71 Student Surveys, only four students in
this study scored below 60, as follows:
CHART 2: STUDENTS SCORING BELOW 60 ON ENTREPRENEURIAL INDICATORS
SCORE AGE GRADE GENDER ETHNICITY LANGUAGE(S)
1 59 13 7 Male African American Haitian Creole
2 57 17 11 Female African American Haitian Creole
3 57 11 6 Female African American English Only
4 56 15 11 Female African American Haitian Creole
Students 1 and 3 are 13 and 11 years old respectively, both of whom are African
American Middle School students. Students 2 and 4 are both 11th grade Female African
American students. Students 1, 2, and 4 are Haitian Creole speakers. The Haitian
Creole students may be acquiring English. According to Second Language Acquisition
Theory, it takes between five and seven years to acquire proficiency in another
language (Krashen, Stephen). Without individual student follow up, it cannot be fully
determined that any of them can or cannot become entrepreneurs. None of these
student’s scores are significantly below 60.
The remaining scores of the remaining 67 students indicate the ability to become
entrepreneurs. That is 95.7% of the student respondents. Only four of the top 27 are
Middle School students. Twenty-three of the top 27 attend High School. Five students
identify as Hispanic, one student identifies as Asian, one student identifies as Multi-
Ethnic, and twenty students identify as African American. Twelve students speak
Haitian Creole and English, five speak Spanish and English, and three are trilingual in
Haitian Creole, French, and English. One student speaks Vietnamese and English , and
five of the top twenty-seven students speak only English. Of the remaining students
whose indicator scores fall in the Entrepreneurial range, 24 students scored between 70
and 79 points, 16 students scored between 60 and 69 points.
Page 1632 of 1829
12
The students with the highest scores for the Entrepreneurship Questions 1 through 20
are as follows:
CHART 3: STUDENTS SCORING WITH THE HIGHEST ENTREPRENEURIAL INDICATORS
SCORE AGE GRADE GENDER ETHNICITY LANGUAGE(S)
1 98 17 12 Female African American Haitian Creole
2 96 17 12 Female African American English Only
3 96 13 7 Male African American English Only
4 95 16 11 Female African American English Only
5 91 17 12 Female African American Haitian Creole, French
6 90 17 12 Female African American Haitian Creole
7 90 16 11 Female Hispanic/Latina Spanish
8 88 17 11 Female African American English Only
9 88 14 9 Female African American Haitian Creole
10 88 12 7 Male African American Haitian Creole
11 87 16 11 Female Hispanic/Latina Spanish
12 86 17 11 Female African American Haitian Creole, French
13 86 16 11 Female African American English Only
14 85 17 12 Male African American Haitian Creole, French
15 83 18 12 Female African American Haitian Creole
16 83 17 12 Male African American Haitian Creole
17 83 17 12 Male Asian American Vietnamese
18 83 18 12 Female African American Haitian Creole
19 83 18 11 Male Hispanic/Latino Spanish
20 83 16 11 Female African American Haitian Creole
21 81 15 9 Female African American Haitian Creole
22 81 12 7 Male Hispanic/Latino Spanish
23 80 17 12 Female African American Haitian Creole
24 80 17 12 Female Hispanic/Latina Spanish
25 80 18 12 Female African American Haitian Creole
26 80 12 7 Female Hispanic/Latina Spanish
27 80 15 10 Female Multi-Ethnic Haitian Creole
Part 2 of the Student Survey consists of questions that relate directly to student
entrepreneurship, mentorship, and internship. Questions 21 and 23 have two choices,
each with a follow up question if their responses are yes.
Questions 21 and 22 inquire as to the student’s creative idea or business plan.
21. Do you have a creative idea for a business or a plan for a business? __yes __no
Question 22 permits the student to “briefly describe” a “yes” response to question 21.
Page 1633 of 1829
13
Forty-nine of the 71 students surveyed responded positively to having a creative idea
for a business or business plan. Their responses are categorized in 19 areas listed
below in alphabetic order. There are several areas in which more than one student
responded. Eleven students are interested in the medical field as practicioners and/or
owners of hospitals, clinics or a veterinary clinic. Seven students were interested in
Information technology.
TABLE 2: BUSINESS & PRODUCT(S)/SERVICES STUDENTS WANT TO CREATE
ITEM BUSINESSES AND PRODUCTS/SERVICES TO CREATE
NUMBER
OF
STUDENTS
1 Architect/Construction 1
2 Artist/Art Studio 1
3 Clothing Designer Business Owner 2
4 Auto/Aviation Mechanics, Body Repair & Painting 2
5 Cosmetology Provider/Product Developer/Hair Stylist/Barber 7
6 Education/After School Program/Child-Youth Center 2
7 Entertainment Industry (Producer, Musician, Actor, Manager, Night
Club Owner)
4
8 Food Service Industry (Restaurant, Fast Food) 3
9 Grocer/Grocery Store Owner 1
10 Hospital/Medical Office (Doctor/Physician’s Assistant/Nurse) 2
11 Hospital/Medical Office (Office/Records/Engineering) 1
12 Hospital/Clinic Owner 9
13 Hotels/Motel Owner 1
14 Information Technology (It) Business Owner/Game Design/Web
Design/Cybersecurity
7
15 Interior Designer 1
16 Real Estate Agent 1
17 Social Services/Immigration Services Provider 2
18 Sports Business Owner 1
19 Travel Agency Owner 1
Total Students Who Responded YES to Question 49
Total Students Who Did Not Respond to Question 22
Total Surveyed 71
Questions 23 inquires as to the student’s interest in having a business mentor. If
the student responds positively, Question 24 is then completed.
23. Do you believe you would benefit from having a business mentor? _yes__no
Question 24 is open-ended, and requests students who have responded “yes” to
Page 1634 of 1829
14
question 23 to describe business their goals for business skills, and/or mentoring they
would like to gain:
TABLE 3: BUSINESS SKILLS STUDENTS WANT TO GAIN OR IMPROVE
ITEM TYPES OF BUSINESS SKILLS TO GAIN OR IMPROVE NUMBER
OF
STUDENTS
1 Artistry/Art Skills 1
2 Auto/Aviation Mechanics, Body Repair & Painting 2
3 Business Skills (Management/Employee Relations/Human
Resources/Customer Relations/Financial)
30
4 Construction/Architecture 1
5 Cosmetology/Product Development/Hair Stylist 1
6 Entertainment Industry (Theater/Drama) 1
7 IT (ATAN IT Company/Best Buy/EPIC Games/Website Developer) 6
8 Legal Skills 2
9 Medical Skills (Nursing/Physician’s Assistant) 6
10 Sports Business Skills 1
Total Students Who Responded YES to Question 51
Total Students Who Did Not Respond to Question 20
Total Surveyed 71
Fifty-one students responded yes to Question 23. Thirty of those students
responded that they would like to gain Business Skills such as Management, Employee
Relations, Human Resources, Customer Relations, and Business Financial Skills. Six
students requested medical skills, six requested information technology skills, and nine
would like to learn skills that are specific to a particular business.
Question 25 is an open-ended question intended to allow students to list
businesses or types of businesses where they would like to intern. It is interesting that
some students have specific businesses in mind such as Auto/Aviation Mechanics (2
students), Banks or Financial Institutions (5 students), Gyms (2 students), Afterschool
and Teen Centers (3 students), an Art Studio or Museum (1 student), a Grocer Store (4
students), Information Technology Businesses, Stores or Shops, Medical Centers,
Clinics or Medical Office (24 students), and a Veterinary or Pet Store (3 students), a
Page 1635 of 1829
15
Travel Agency (1 student), a Movie Theater (1 Student), Cosmetology or Hair Salon (1
student), Restaurant or Food Industry (5 students), Law Firm (1), in Construction or with
an Architect (1), and with an Interior Designer (1). Only six students listed “Any
Business as a response.
TABLE 4: WHERE STUDENTS WANT TO INTERN
ITEM BUSINESS AND INDUSTRY TO INTERN NUMBER
OF
STUDENTS
1 Education/After School Program/ Teen/Milagro Youth
Center
3
2 Artist/Art Studio/Museum 1
3 Auto/Aviation Mechanics, Body Repair & Painting 2
4 Bank/Mortgage Company/Investment Firm 5
5 Business (Any Business) 6
6 Construction Business Or With An Architect 1
7 Food Service Industry (Restaurant, Fast Food) 3
8 Grocery Store: Publix 4
9 GYM/YMCA 2
10 Hair Salon/ Cosmetology 1
Hospital/Medical Office (Doctor/Physician’s
Assistant/Nurse)
2
10 Hospital/Medical Office (Office/Records/Engineering) 22
11 Information Technology (It) Business /Best Buy/ATAN IT
Company/EPIC Games
6
12 Interior Designer 1
13 Law Firm/Courts/Lawyer 2
14 Movie Theater 1
15 Travel Agency 1
19 Veterinary/Animal Shelter 2
Total Students Who Responded YES to Question 65
Total Students Who Did Not Respond to Question 5
Total Surveyed 71
Question 26 requests students to list the top three items they want to achieve,
learn, or internalize during an internship. Since the students were asked to list three
items each, the numbers exceed 71 responses. However, one students did not list any
Page 1636 of 1829
16
items. Below are compilations of the 210 responses to this question by 70 students, 66
of whom responded with specific responses:
TABLE 5: 3 ITEMS STUDENTS WANT TO ACHIEVE, LEARN, OR INTERNALIZE
ITEM Items Do You Want To Achieve, Learn, Or Internalize NUMBER
OF
STUDENTS
1 Art Skills/Art Studio/Art Supplies 1
2 Auto and Aviation Design/Mechanics 2
3 Business Knowledge and Experience 21
4 Business Management/Finance/Employee & Customer Relations 23
5 College Credit 1
6 Cosmetology/Hair Styling/Dyes and Chemicals 1
7 Hospital Business/Engineering Skills 1
8 Information Technology (IT) Coding/Game Design/Website
Production
4
9 Law/Legal Skills 1
10 Marketing/Product Sales 3
11 Medical Skills 8
12 Music Production Skills 1
Total Responses 66
Total Students Who Responded With More than Three Items 2
Total Students Who Did Not Respond to Question or Responded
Off Topic
5
Total Surveyed 71
Total Student Responses 210
Forty-eight students (67%) would like to acquire general business skills necessary to
manage or own any business, including financial skills, business knowledge, employee
and customer relations, business and management skills, or marketing skills.
Page 1637 of 1829
17
Part 2: Business Mentorship Survey
The second survey is the Connect to Greatness, Inc. City of Boynton Beach:
Working Groups on Entrepreneurship for Youth: Business Mentorship Survey (see
attachment B: Business Mentorship Survey).
Ten local businesses were selected by C2G for an interview to ascertain if they
have a plan for engaging youth as an apprentice or for internships. The leading grocery
store (Publix), a local hospital (Bethesda), and a local veterinary clinic have not
responded to date. This report examines the strengths, weaknesses, and opportunities
for youth entrepreneurship and “youth-friendliness” of the seven businesses in Boynton
Beach that responded to the survey:
TABLE 6: BUSINESSES/SETTINGS/EMPLOYEE DEMOGRAPHICS
BUSINESS
TYPE WORK
SETTING(S)
NUMBER OF
EMPLOYEES
GENDER
1 HVAC: Heating, Air
Conditioning & Repair
Office
Car/Truck
3 Male
2 FINANCIAL INSTITUTION/
Bank 12 Female
Male
3 PETS
PRODUCTS for PETS
Shop 9 Female
Male
4 POSTAL SERVICES
Mail, Shipping & Passports
Post Office
Warehouse
Car/Truck
80-90 Female
Male
5 FITNESS CENTER Gym
Office
80+ Female
Male
6 LAW FIRM Office
Courts
0 Male
7 FINANCIAL INSTITUTION/
Bank 13 Female
Page 1638 of 1829
18
TABLE 7: BUSINESS DEMOGRAPHICS
BUSINESS EMPLOYEE ETHNICITY EMPLOYEE LANGUAGES
EMPLOYEE
AGE
CLIENT
AGE
1 African American English
(Listening/Speaking)
21-50 Young
Adults,
Adults,
Seniors
2 African American,
Hispanic/Puerto
Rican/Spanish/American/
Central American/South
American, Multi-Ethnic
English (Listening/Speaking
& Reading/Writing)
Spanish
(Listening/Speaking
& Reading/Writing)
19-68 Adults,
Seniors
3 African American,
European American,
Hispanic/Puerto
Rican/Spanish/American/
Central American/South
American, Multi-Ethnic
English (Listening/Speaking
& Reading/Writing)
19-40 Teens
Young
Adults,
Adults
Seniors
4 African American,
Asian American,
European American,
Hispanic/Puerto
Rican/Spanish/American/
Central American/South
American, Multi-Ethnic
English (Listening/Speaking
& Reading/Writing)
French Listening/Speaking)
Haitian Creole
(Listening/Speaking)
Spanish
(Listening/Speaking)
19-80 Teens
Young
Adults,
Adults
Seniors
5 African American,
Hispanic/Puerto
Rican/Spanish/American/
Central American/South
American, Multi-Ethnic
English (Listening/Speaking
& Reading/Writing)
Haitian Creole
(Listening/Speaking
& Reading/Writing)
18-60 All Ages
Infant-
Seniors
6 African American English
(Listening/Speaking
& Reading/Writing)
Haitian Creole
(Listening/Speaking)
Spanish
(Listening/Speaking)
N/A Teens
&
Adults
7 African American
Hispanic/Puerto
Rican/Spanish/American/
Central American/South
American
English Listening/Speaking
& Reading/Writing)
French (Listening/Speaking
& Reading/Writing)
Haitian Creole
(Listening/Speaking
& Reading/Writing)
Spanish
(Listening/Speaking
& Reading/Writing)
N/A All Ages
Infant-
Seniors
Page 1639 of 1829
19
None of the seven Business Mentorship Survey respondents currently have a
program to mentor youth. Only four businesses gave positive responses to Question 13:
Would your company/organization be interested in participating in a City of Boynton
Beach Youth Entrepreneurship Program?
The respondent for the Boynton Beach United States Postal Services
commented that regulations do not permit participation in such programs. TD Bank did
not complete the question. They commented “more details needed”. Table 87 is a
summary of the responses received by 7 local businesses, including an air
conditioning/HAVC company, a local U.S. P.S. office in Boynton Beach, L A Fitness,
two local banks, and one law firm.
Table 8: Question 13: Would your company/organization be interested in
participating in a City of Boynton Beach Youth Entrepreneurship Program?
Business Yes
or
No
Work/
Study
Semester
Work
Study
School
Year
Internship
Semester
Internship
School
Year
Hands
On
Training
Comments
Evens Air Yes No No Yes No Yes On the Job
HVAC
Installation &
Ductwork
Amtrust Bank/
NYCB
Yes No Yes No Yes No Financial
Literacy
Petsupermarket Yes Must be
18 Years
Old
No Must be 18
Years
Old
No No None
USPS No No No No No No Regulations
Do Not
Permit
Participation
L A Fitness No No No No No No None
Craig & Craig
Lawson Law
Firm
Yes No
Comments
Provided
TD Bank More Details
Needed
Page 1640 of 1829
20
Part 3: Findings and Recommendations
A. Student Survey Findings
1. 40 High School and 31 Middle School students responded to the Student
Survey, for a total sample of 71 from 2 High Schools, 2 Middle Schools,
and 1 Afterschool Program
2. Students self-identified as African American, Asian American ,
Hispanic/Latino, European/European American, Haitian, and Multi-ethnic
3. 45 Students are Female, 25 Students are Male (with 1 No Response)
4. 50 (70%) surveyed students speak another language in addition to
English, including Arabic, French, Haitian Creole, Lithuanian, Spanish, or
Vietnamese. Seven students are Trilingual.
5. According to the Women’s Initiative for Self-Employment, respondents
who score 60 or above on Questions 1-20 of the Student Survey
(indicators for successful entrepreneurship), have the ability to become
entrepreneurs. Only 4 of 71 students scored below 60 (56-59 points), very
close to successful.
6. Of the top 27 scoring students for Entrepreneurship indicators (scores 80-
98, only 4 are Middle School students.
7. 24 students scored between 70 and 79 and 16 scored between 60 and 69
for Entrepreneurship indicators, which are positive.
8. 49 students surveyed responded positively to having a creative idea for a
business or business plan within 19 categories
9. There is a disconnect among some students between their plans or
creative ideas, the business skills they would like to acquire or learn, and
the types of businesses or entrepreneurs with which students want a
mentor
10. 30 students responded that they want to gain Business Skills such as
Management, Employee Relations, Human Resources, Customer
Relations, and Business Financial Skills. 6 students requested medical
skills, 6 requested Information Technology skills, and 9 want to learn skills
specific to a particular business or industry.
Page 1641 of 1829
21
B. Business Mentorship Survey Findings
1. There is insufficient data to determine the availability of Business Mentors,
Internships, or Work/Study opportunities in Boynton Beach, Florida
2. 51 students believe they would benefit from having a business mentor;
however, only 4 of 7 Businesses surveyed reported willingness to provide
mentorship, internship, training, or other opportunities to students.
3. Of the 4 Business who are willing to mentor, provide internships,or train
students, 1 Business requires students to be at least 18 years old
C. Recommendations
1. Students who speak home languages other than English will benefit from
learning or continuing to learn to read and write in their home languages
2. Students who speak English as another language will benefit from English for
Speakers of Other Languages (ESOL) assistance for 5-7 years, or until English
Language Academic Proficiency is achieved in Listening, Speaking, Reading and
Writing
3. Students who speak only English will benefit from learning at least one additional
language for Entrepreneurship/Business endeavors
4. Middle and High School students will benefit from direct instruction regarding the
components, skills, and options for entrepreneurship and general business skills
5. Surveyed Middle and High School students will benefit from Mentorship with
Mentors who can assist them in setting and achieving goals, creating a plan and
implementing it, coaching, training, and entrepreneurial experiences
6. Businesses in Boynton Beach can benefit from providing mentorships,
internships or training opportunities to Middle and High School students who
score above 40 on the Entrepreneurial Indicators. Middle and High School
students in Boynton Beach can directly benefit by obtaining skill sets and
empowerment.
7. Businesses and students will both benefit from an initiative to identify Businesses
Leaders, Entrepreneurs, Community and Educational Leaders to plan, develop,
and implement a Business/Entrepreneurship Mentorship program to ensure that
all students can achieve their Entrepreneurship goals.
Page 1642 of 1829
22
Attachment A:
Working Groups on Entrepreneurship for Youth Student Survey
Page 1643 of 1829
23
Attachment B: Working Groups on Entrepreneurship for Youth
Business Mentorship Survey
Page 1644 of 1829
24
References
Acevedo, Sheila, The State of Florida Adult ESOL Curriculum Development Project and
The Primary Language Support Project. Published by the State of Florida
Department of Education and in ERIC. (1994-1996).
Entrepreneurial Self-Assessment Survey. Women’s Initiative for Self-Employment.
Griffiths, Andrew, 12 Characteristics of the World's Most Successful Entrepreneurs.
https://www.inc.com/andrew-griffiths/a-12-point-entrepreneurial-success-
checklist.html
Krashen, Stephen D. Principles and Practice in Second Language Acquisition. Prentice-
Hall International, 1987.
Krashen, Stephen D. Second Language Acquisition and Second Language
Learning. Prentice-Hall International, 1988.
NFTE, Measuring Entrepreneurial Mindset In Youth: Learnings From NFTE’S
Entrepreneurial Mindset Index. http://www.nfte.com/wp-
content/uploads/2017/12/NFTE-Whitepaper-Measuring-Entrepreneurial-Mindset-
in-Youth-November-2018.pdf
Pariona, Ameber. Language Families of the World. WorldAtlas, Jul. 9, 2018,
worldatlas.com/articles/language
Page 1645 of 1829
The City of Boynton Beach
Entrepreneurship and
Business Incubation Grant
City Commission Meeting
December 3, 2019
Page 1646 of 1829
Entrepreneurship and Incubation Grant Program
2019
Incubators –New and Existing
Workgroups –Youth, Technology, Women, Regional Networks
Grant Period June 2019 –September 2019
Final Report Due –November 2019
Page 1647 of 1829
Incubators
GBDC Entrepreneurship –Existing Incubator
The 1909 –New Incubator
Page 1648 of 1829
STARTUP SPARK | BOYNTON BEACH
WHAT IS AN STARTUP SPARK?
Startup Spark is a 4-week collaborative program designed to help idea-
stage founders refine their business ideas, plug into the local
entrepreneurial ecosystem, and build positive momentum!
Page 1649 of 1829
STARTUP SPARK | BOYNTON BEACH
APPLICATION | Open 6/25/19 -7/18/19
•Written application form online with 16 applicants.
•Facilitator Interview for each candidate being considered
COURSE DETAILS | Held 7/22/19 -8/12/19
•COHORT -12 Founders from 9 Companies ($100 per Founder)
•FREQUENCY -1 weeknight /week | 6:00pm -9:00pm
•VENUE -Budsies, a Boynton Beach eCommerce Startup.
ADDITIONAL EVENTS | Held 8/13/19 -9/30/19
•WORKSHOPS -Business Workshops with local experts.
•PITCH EVENT -Pitch event for all companies to present.
Page 1650 of 1829
2019 STARTUP SPARK COHORT
ABC Purple
TrueRevue
Gentle Art Technological Research
On Track Transitions
Premier Virtual
Rajasaurusrex
Palm Solar
Unseen web store
Boynton Yard Management Company
Page 1651 of 1829
Page 1652 of 1829
GBDC Entrepreneurship Institute
One on One Business Coaching, Technical Assistance,
Minority/Small Business Government Contract Certification
Page 1653 of 1829
GBDC Entrepreneurship Institute
APPLICATION
•Written application form online
•Facilitator Interview for each candidate being considered
EVENTS | Held 9/19/19 -10/24/19
•COHORT -27
•FREQUENCY –8 Workshops
•VENUE –1500 Gateway Boulevard
ADDITIONAL EVENTS | Held 8/21/19 -10/15/19
•ONE ON ONE COACHING
Page 1654 of 1829
GBDC Entrepreneurship Institute Cohorts
Pride Tribe Inc
Brandon Flowers Foundation Inc
JPGED LLC
My Honey Cooks
ICB Collection LLC
Reinvent Cosmetics
Classic Touch Lawn and Maintenance
Growth
Pharris Luxury Wedding & Events
Beauty Lounge
Other Startups
Page 1655 of 1829
GBDC Entrepreneurship Institute Results
Total Number of Business Participants 27
Total Number of Workshops 8
Total Hours of one on one coaching 150
Number of Businesses Started 2
Number of Businesses Converted from LLC to S Corp 2
Number of Businesses Completing Application for IRS Non Profit Status 1
Number of Logo Designs 1
Copy Write and Trademark Search 1
Develop Consumer Survey 2
Business Plans in Progress 10
Marketing Plans in Progress 2
Page 1656 of 1829
Workgroups
BeLeadGrow –Women Entrepreneur Workgroup
Connect2Greatness –Youth Entrepreneur Workgroup
The 1909 –Technology Entrepreneur Workgroup
The 1909 –Regional Networks of Entrepreneur Workgroup
Page 1657 of 1829
Workgroup on Women
METHODOLOY
Networking Mixers | October 8, 2019, October 12, 2019
Surveys
In-Person Events
FINDINGS/BARRIERS
•Access to Capital/Funding
•Marketing and Branding Online
•Access to Leadership Development Training
•Access to Quality Professionals in their Industry
•Access to Government
Page 1658 of 1829
Workgroup on Youth
METHODOLOY
Student Surveys | 71 Students (Ages 11 to 18)
•Boynton Beach Community High School
•Congress Middle School
•South Technical Preparatory Academy
•South Technical High School
Business Mentorship Surveys | 10 Local Businesses
Page 1659 of 1829
Workgroup on Youth
FINDINGS/BARRIERS
•English Language Proficiency
•Learn other Languages
•Provide Components, Skills, and Options for Entrepreneurship
and Business
•Mentorships in Goal Setting, Coaching, Training, and
Entrepreneurial Experiences
•Encourage Businesses to provide Mentorships, Internships,
Training Opportunities
•Develop Business/Entrepreneurship Mentorship program
Page 1660 of 1829
Workgroup on Technology
METHODOLOY
Entrepreneur Surveys
•Endpoint Systems
•LH Marketing
•Surefoot
•PeakActivity
FINDINGS/BARRIERS
•Boynton Beach is Affordable
•Provide Additional Accelerator Programs
•Establish a 3,000 –5,000 sq.-ft Entrepreneurial Workspace in or
around Town Square
Page 1661 of 1829
Workgroup on Regional Entrepreneurs
METHODOLOY
Entrepreneur Surveys
•Premier Virtual
•PowerCalc PAC
•Synthesis
•FAU Adams Center for Entrepreneurship
FINDINGS/BARRIERS
•Boynton Beach is Affordable
•Provide Additional Accelerator Programs
•Establish a 3,000 –5,000 sq-ft Entrepreneurial Workspace in or
around Town Square
Page 1662 of 1829
Entrepreneurship and Business Incubation Grant
2020
Incubators
•Women Owned Businesses
•Young Entrepreneurs
•Technology Companies
•Minority Owned Businesses
FINDINGS/BARRIERS
•Capital/Funding
•Business Education
•Online Presence/E-Commerce
•Infrastructure/Affordable Space
Workgroups
•Sustainability
•Hospitality/Tourism
•Health
•“Gig Economy”
FINDINGS/BARRIERS (Youth)
•Skills, and Options for Entrepreneurship
and Business
•Businesses Mentorships, Internships,
Training Opportunities
•Youth Business/Entrepreneurship
Mentorship program
Page 1663 of 1829
Questions
Page 1664 of 1829
11.A.
NE W B US I NE S S
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
P R O P O S E D R E S O LU TIO N N O . R19-158 - A pprove and ratify reopened A rticles of S E I U Blue Collar
Collec tive Bargaining Agreement.
P R O P O S E D R E S O LU TIO N N O . R19-159 - A pprove and ratify reopened A rticles of S E I U W hite Collar
Collec tive Bargaining Agreement.
E X P L AN ATIO N O F R EQ U E S T:
The c urrent C ollective Bargaining Agreements had reopeners for the following A rticles: Article 15 - Dues
Deduction, Artic le 25 - I nsuranc e, Article 26 - Pension, Article 30 - W ages, and A rticle 48.1 - Bonus Hours.
Following two negotiations sessions, the City and the Union agreed to the following:
Allow for electronic /voic e authorization for confirmation of changes in Union membership;
I ncrease from $625 to $750 the City's c ontribution into eligible employ ees' health savings acc ounts;
Accept the C ity's D ROP Ordinance changes;
W age inc rease of four perc ent (4%) retroactive to Oc tober 1, 2019; and
Effective J anuary 1, 2019 change requirements to earn Bonus Hours in conjunction with participating
in approved safety and wellness activities.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? Having an Agreement in plac e
provides bargaining unit employ ees and management with guidance on current terms and c onditions of
employ ment in effec t.
F IS C AL IMPAC T: Budgeted - W ages are budgeted in the bargaining unit employ ees' respec tive
department salaries line item as approved in the adopted F Y 19/20 budget.
ALT E R N ATIV E S: 1. Do not approve and return to bargaining.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
Page 1665 of 1829
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Resolution Resolution approving reopened articles of the
S E I U Blue C ollar C B A
Resolution Resolution approving reopened articles of the
S E I U W hite Collar C B A
Addendum S E I U Reopened A rticles
Addendum Notice of Ratific ation
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RESOLUTION R19- 1
2
A RESOLUTION OF THE CITY OF BOYNTON 3
BEACH, FLORIDA, APPROVING AND RATIFYING 4
THE REOPENED AND AMENDED ARTICLES OF 5
DUES DEDUCTION, INSURANCE, PENSION, 6
WAGES AND BONUS HOURS OF THE COLLECTIVE 7
BARGAINING AGREEMENT BETWEEN THE CITY 8
OF BOYNTON BEACH, FLORIDA AND THE SEIU 9
FLORIDA PUBLIC SERVICES UNION, CTW, CLC 10
(SEIU) FOR THE PERIOD OF OCTOBER 1, 2017 11
THROUGH SEPTEMBER 30, 2020; AND PROVIDING 12
AN EFFECTIVE DATE. 13
14
WHEREAS, the SEIU (BC) Collective Bargaining Agreement ending September 15
30, 2020 has reopeners for the Dues Deduction, Insurance, Pension, Wages and Bonus 16
Hours articles; and 17
WHEREAS, on after two negotiation session the City and Union came to a tentative 18
agreement for these articles; and 19
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 20
the best interests of the residents and citizens of the City to ratify the reopened and amended 21
articles of the Agreement. 22
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23
24
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25
26
Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 27
ratified and confirmed by the City Commission. 28
Section 2. The City Commission of the City of Boynton Beach, Florida does 29
hereby approve and ratify the reopened and amended Articles of Dues Deduction, 30
Insurance, Pension, Wages and Bonus Hours of the Agreement between the City of Boynton 31
Beach and the SEIU Florida Public Services Union, CTW, CLC (Blue Collar) for the period 32
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of October 1, 2017 through September 30, 2020, a copy of the reopened and amended 33
Articles are attached hereto as Exhibit "A". 34
Section 3. This Resolution will become effective immediately upon passage. 35
PASSED AND ADOPTED this _____ day of December, 2019. 36
37
38
CITY OF BOYNTON BEACH, FLORIDA 39
40
YES NO 41
42
Mayor – Steven B. Grant _____ _____ 43
44
Vice Mayor – Justin Katz _____ _____ 45
46
Commissioner – Mack McCray _____ _____ 47
48
Commissioner – Christina L. Romelus _____ _____ 49
50
Commissioner – Ty Penserga _____ _____ 51
52
53
VOTE ______ 54
55
ATTEST: 56
57
58
_____________________________ 59
Crystal Gibson, MMC 60
City Clerk 61
62
63
64
(Corporate Seal) 65
66
67
68
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RESOLUTION R19- 1
2
A RESOLUTION OF THE CITY OF BOYNTON 3
BEACH, FLORIDA, APPROVING AND RATIFYING 4
THE REOPENED AND AMENDED ARTICLES OF 5
DUES DEDUCTION, INSURANCE, PENSION, 6
WAGES AND BONUS HOURS OF THE COLLECTIVE 7
BARGAINING AGREEMENT BETWEEN THE CITY 8
OF BOYNTON BEACH, FLORIDA AND THE SEIU 9
FLORIDA PUBLIC SERVICES UNION, CTW, CLC 10
(SEIU)(WC) FOR THE PERIOD OF OCTOBER 1, 2017 11
THROUGH SEPTEMBER 30, 2020; AND PROVIDING 12
AN EFFECTIVE DATE. 13
14
WHEREAS, the SEIU (WC) Collective Bargaining Agreement ending September 15
30, 2020 has reopeners for the Dues Deduction, Insurance, Pension, Wages and Bonus 16
Hours articles; and 17
WHEREAS, on after two negotiation session the City and Union came to a tentative 18
agreement for these articles; and 19
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 20
the best interests of the residents and citizens of the City to ratify the reopened and amended 21
articles of the Agreement. 22
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23
24
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25
26
Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 27
ratified and confirmed by the City Commission. 28
Section 2. The City Commission of the City of Boynton Beach, Florida does 29
hereby approve and ratify the reopened and amended Articles of Dues Deduction, 30
Insurance, Pension, Wages and Bonus Hours of the Agreement between the City of Boynton 31
Beach and the SEIU Florida Public Services Union, CTW, CLC (White Collar) for the 32
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period of October 1, 2017 through September 30, 2020, a copy of the reopened and amended 33
Articles are attached hereto as Exhibit "A". 34
Section 3. This Resolution will become effective immediately upon passage. 35
PASSED AND ADOPTED this _____ day of December, 2019. 36
37
38
CITY OF BOYNTON BEACH, FLORIDA 39
40
YES NO 41
42
Mayor – Steven B. Grant _____ _____ 43
44
Vice Mayor – Justin Katz _____ _____ 45
46
Commissioner – Mack McCray _____ _____ 47
48
Commissioner – Christina L. Romelus _____ _____ 49
50
Commissioner – Ty Penserga _____ _____ 51
52
53
VOTE ______ 54
55
ATTEST: 56
57
58
_____________________________ 59
Crystal Gibson, MMC 60
City Clerk 61
62
63
64
(Corporate Seal) 65
66
67
68
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1
Oldbury, Julie
From:Joseph Brenner <joseph.brenner@seiufpsu.org>
Sent:Tuesday, November 19, 2019 6:12 PM
To:Oldbury, Julie; LaVerriere, Lori; Goodrich, Danielle
Subject:Notice of SEIU Blue and White Ratification
Greetings Julie and Danielle,
I'm pleased to notify you that both the Blue and White Collar contracts passed today unanimously.
If you have any questions, please reach out to me.
Thanks again for the work on your end in negotiations and in helping secure voting spaces today.
Best,
--
Joey Brenner, Director Of Organizing and Bargaining,
SEIU-Florida Public Services Union
joseph.brenner@seiufpsu.org
561-308-1919
Page 1679 of 1829
11.B.
NE W B US I NE S S
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
P R O P O S E D R E S O L U T IO N N O . R19-160 - Authorize the Mayor to sign the Third Amendment to
the I nterlocal Agreement between the City of Boynton Beac h and Boynton Beac h Community Redevelopment
Agenc y (C RA) for the C RA funding of the Neighborhood Offic er Policing Program for F Y 19/20 for an
amount not to exceed $532,900.
E X P L AN ATIO N O F R EQ U E S T:
Agreement P er iod: O ctober 1, 2019-September 30, 2020
On October 7, 2019, the C RA Board approved an A mendment to the I nterlocal Agreement between the City
and C RA for the funding of the Neighborhood Offic er Policing Program for FY 19/20 not to exc eed
$532,900.
The C RA and City of Boynton Beach Police D epartment partnered to create the Neighborhood Officer
Program (NOP) to promote the efforts of both entities to form better community relationships, engage key
residential and commercial stakeholders, provide education and information on issues c oncerning our
redeveloping neighborhoods. During the Fiscal Year 2015-2016, the C RA approved $200,000 in funding for
two Police Officers to begin the NOP and foc us initial efforts within the Heart of Boynton D istrict.
In F Y 2017-2018, the CR A Board approved adding a third Police Officer to the N OP which
increased the annual budget for the program to $372,000. T he IL A's First Amendment for F Y 2017-
2018 expired on September 30, 2018.
In F Y 2018-2019, the CR A Board approved additional funding for bikes to the NO P which
increased the annual budget for the program to $401,000. T he IL A's Second Amendment for F Y
2018-2019 expired on September 30, 2019.
For the proposed third amendment for F Y 2019-2020 the CRA board approved a re-allocation and
additional funding. T he proposed amendment would change funding to the NOP program from one
Sergeant and two Officers, to three Officers and one civilian position. T he board also approved
additional funding for office leasing space along with maintenance, outfitting and build-out of that
space.
The C RA staff has worked with the City Polic e Department to develop the Neighborhood Policing Program
for the area and is a part of the I LA.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? Provide a neighborhood polic ing
program for the Heart of Boynton Community.
F IS C AL IMPAC T: Budgeted C RA will provide up to a maximum of amount of $532,900 for the management
Page 1680 of 1829
of the Neighborhood Officer Polic ing Program as outlined in the I LA.
ALT E R N ATIV E S: D o not approve the I LA
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant? No
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Resolution Resolution No R19-160
Agreement Third Amendment
Attachment C RA 10-7-2019 A genda I tem
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RESOLUTION NO. R19-160 1
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 2
APPROVING AND AUTHORIZING THE MAYOR TO SIGN A THIRD 3
AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE 4
CITY OF BOYNTON BEACH AND THE BOYNTON BEACH 5
COMMUNITY REDEVELOPMENT AGENCY FOR THE CRA FUNDING 6
OF THE NEIGHBORHOOD OFFICER POLICING PROGRAM FOR 7
FISCAL YEAR 2019-20 IN AN AMOUNT NOT TO EXCEED $532,900 AND 8
PROVIDING AN EFFECTIVE DATE. 9
10
WHEREAS, on October 26, 2016 the City and CRA entered into an Interlocal Agreement For 11
the Funding of the Neighborhood Officer Policing Program to improve the quality of life for area 12
residents and to increase private investment within the CRA area known as the Heart of Boynton; and 13
WHEREAS, in October 2017, the CRA Board approved adding a third Police Officer to the 14
NOP which increased the annual budget for the program to $372,000 and which expired on September 15
30, 2018; and 16
WHEREAS, in December, 2018, the CRA Board approved a Second Amendment to the 17
Interlocal Agreement for additional funding for bikes to the NOP which increased the annual budget for 18
the program to $401,000; and 19
WHEREAS, the Third Amendment would change funding from one Sergeant and two Officers 20
to three (3) Officers and one (1) civilian; add funding for leasing office space along with maintenance, 21
outfitting and build-out of that space; and 22
WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of 23
staff and the CRA Board, deems it to be in the best interests of the residents and citizens of the City of 24
Boynton Beach to approve a Third Amendment to the Interlocal Agreement between the City of Boynton 25
Beach and the Boynton Beach Community Redevelopment Agency regarding the CRA funding of the 26
Neighborhood Officer Policing Program for fiscal year 2019-20 in an amount not to exceed $532,900. 27
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 28
CITY OF BOYNTON BEACH, FLORIDA, THAT: 29
Section 1. Each Whereas clause set forth above is true and correct and incorporated herein 30
by this reference. 31
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 32
approve and authorize the Mayor to sign a Third Amendment to the Interlocal Agreement between the 33
City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the CRA 34
funding of the Neighborhood Officer Policing Program for fiscal year 2019-20 in an amount not to 35
exceed $532,900, a copy of said Third Amendment to the Interlocal Agreement is attached hereto as 36
Exhibit “A”. 37
Section 3. That this Resolution shall become effective immediately upon passage. 38
PASSED AND ADOPTED this _____ day of December, 2019. 39
CITY OF BOYNTON BEACH, FLORIDA 40
41
YES NO 42
43
Mayor – Steven B. Grant _____ _____ 44
45
Vice Mayor – Justin Katz _____ _____ 46
47
Commissioner – Mack McCray _____ _____ 48
49
Commissioner – Christina L. Romelus _____ _____ 50
51
Commissioner – Ty Penserga _____ _____ 52
53
54
VOTE ______ 55
ATTEST: 56
57
58
_____________________________ 59
Crystal Gibson, MMC 60
City Clerk 61
62
63
(Corporate Seal) 64
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11.C.
NE W B US I NE S S
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O PO SE D R E S O L U T IO N N O. R 19-161
- Opposing offshore drilling ac tivities, including seismic airgun blasting.
E X P L AN ATIO N O F R EQ U E S T:
Commissioner Romelus has requested the C ity Commission c onsider approval of the attached resolution
opposing offshore drilling, inc luding seismic airgun blasting.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
F IS C AL IMPAC T:
ALT E R N ATIV E S:
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Resolution Resolution opposing offshore drilling
activitiesincluding seismic airgun blasting
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1
S:\CA\RESO\Legislative Actions\Opposing Offshore Drilling - Reso.Docx
RESOLUTION NO. R19-_____ 1
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 2
EXPRESSING OPPOSITION TO OFFSHORE DRILLING ACTIVITIES, 3
INCLUDING SEISMIC AIRGUN BLASTING; AND PROVIDING AN 4
EFFECTIVE DATE. 5
WHEREAS, the United States government has expressed interest in opening the 6
Atlantic Ocean and Eastern Gulf of Mexico to offshore oil and gas development and 7
exploration, including risky methods such as seismic airgun blasting; and 8
WHEREAS, seismic airguns fire intense blasts of compressed air, one of the loudest 9
manmade sounds in the ocean, every 10-12 seconds for days, weeks or months on end; and 10
WHEREAS, seismic airgun noise has been shown to harm and injure dolphins, whales, 11
endangered sea turtles, fish and other marine life; and 12
WHEREAS, exploratory and commercial drilling, extraction, and transportation of 13
offshore oil and gas resources pose a significant risk of oil spills and chronic leakage; and 14
15
WHEREAS, eventual offshore drilling may require significant onshore infrastructure, 16
such as pipelines or refineries, which would harm the character of the coast; and 17
18
WHEREAS, offshore drilling activities pose threats to treasured vacation destinations 19
on Florida’s Coasts, which are of intrinsic economic value for numerous industries, provide 20
essential nursery habitats for recreational and commercially important fisheries, and act as 21
natural buffers from storm surge and hurricanes; and 22
23
WHEREAS, the City of Boynton Beach recognizes that the tourism and fishing 24
industries, which depend on a healthy and vibrant coastal environment, both serve as major 25
economic drivers benefiting the current and future residents, property owners, and visitors to 26
Florida; and 27
28
WHEREAS, the City of Boynton Beach endeavors to be a good steward of the state 29
and region’s environment and its resources; and 30
31
WHEREAS, exploration and development of oil and gas resources off the coast of 32
Florida will not effectively address the long-term energy needs of our country; and 33
34
WHEREAS, the City of Boynton Beach recommends that it would be more 35
economically and ecologically responsible to pursue non-polluting sources of renewable energy 36
such as solar and wind, that pose less risk to the costal environment and economic health before 37
using uncertain methods of seismic airgun blasting for offshore oil and gas deposits. 38
39
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 40
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 41
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2
S:\CA\RESO\Legislative Actions\Opposing Offshore Drilling - Reso.Docx
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 42
being true and correct and are hereby made a specific part of this Resolution upon adoption 43
hereof. 44
Section 2. Offshore oil and gas drilling and exploration, including seismic airgun 45
blasting, will put Florida’s environment, beaches, marine resources and local economies at risk; 46
therefore the Council expresses its opposition to these activities and urges the federal 47
government not to pursue such practices off Florida’s coast. 48
Section 3. This Resolution will become effective immediately upon passage. 49
PASSED AND ADOPTED this _____ day of December, 2019. 50
51
CITY OF BOYNTON BEACH, FLORIDA 52
53
YES NO 54
55
Mayor – Steven B. Grant _____ _____ 56
57
Vice Mayor – Justin Katz _____ _____ 58
59
Commissioner – Mack McCray _____ _____ 60
61
Commissioner – Christina L. Romelus _____ _____ 62
63
Commissioner – Ty Penserga _____ _____ 64
65
VOTE ______ 66
ATTEST: 67
68
69
70
_____________________________ 71
Crystal Gibson, MMC, 72
City Clerk 73
74
75
76
77
(Corporate Seal) 78
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11.D.
NE W B US I NE S S
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: C onsider rescheduling Commission meetings that conflict
with elections on Marc h 17, 2020, August 18, 2020 and November 3, 2020.
E X P L AN ATIO N O F R EQ U E S T:
Three regularly sc heduled Commission meeting dates conflic t with various elec tions in the Year 2020:
1. March 17, 2020 (Presidential Preferenc e P rimary and Uniform Municipal Elec tion)
2. August 18, 2020 (Primary Election)
3. November 3, 2020 (General Election)
Staff is asking if the C ommission wants to consider rescheduling these meetings. I n the past, the meetings
were moved to W ednesday (the next day).
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
F IS C AL IMPAC T: N/A
ALT E R N ATIV E S: Allow the Commission meetings to remain on the election day s.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
Page 1693 of 1829
11.E.
NE W B US I NE S S
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Review and ac tion on Annual P erformance Evaluation for the
City Manager.
E X P L AN ATIO N O F R EQ U E S T:
Pursuant to the C ity Manager's Appointment A greement, the C ommission will provide the City Manager with a
performance evaluation no less than annually. Ms. LaVerriere's last evaluation was on D ec ember 4, 2018.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? Providing feedback regarding
performance allows for opportunities to recognize areas of strength and to suggest areas for improvement.
F IS C AL IMPAC T: Budgeted - I n conjunction with any review of performance, the C ommission may
inc rease the base salary and/or other benefits of the City Manager in such amounts and to the extent the
Commission may deem is proper. The Commission may, from time to time, grant the City Manager a
performance bonus, provided the bonus is granted in ac cordanc e with Florida S tatute 214.425. Modification
to monetary items in the Agreement may have a resulting financial impact.
ALT E R N ATIV E S: N/A
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
Page 1694 of 1829
AT TAC H ME N TS :
Type Desc ription
Addendum Appointment Agreement & Addenda
Addendum Evaluation - Mayor Grant
Addendum Evaluation - Vice Mayor Katz
Addendum Evaluation - C ommissioner Mc Cray
Addendum Evaulation - C ommissioner Penserga
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Performance Evaluation for the City Manager
FOR: Lori LaVerriere DATE: _____11-18-2019__
NAME OF EVALUATOR: ___________Justin Katz – Vice Mayor (District 1)____
ANNUAL EVALUATION PROCESS:
1. The Mayor and each City Commissioner is requested to complete the
evaluation form based on his/her assessment of the City Manager in ten
major areas of responsibility that include a total of 32 specific performance
measures. An “Overall Impression” rating and six (6) comment areas are
also included.
2. The Mayor and each City Commissioner shall discuss the evaluation
individually with the City Manager at a Performance Conference.
Preliminary scores may be adjusted as a result of the discussion. There is a
“Comments” section below each question for clarification purposes, if
necessary.
3. A composite Ratings Summary Chart shall be prepared by the City Manager
and provided to the City Commission. (The detailed rating sheets of the
other Commission members will be provided when requested.)
4. The performance evaluation shall be reviewed at a Commission meeting at
which point the City Commission shall consider an increase in the Manager’s
compensation.
INSTRUCTIONS:
Rating Scale: Each question is followed by a rating scale. Raters may circle the
selected performance indicator (1, 2, 3, 4 or 5) or place an “X” along with a numerical
score on the rating scale line when you feel a rating falls between two whole
numbers. There are 32 listed performance indicators in the ten major performance
categories on the pages that follow:
1 = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED
2 = Below expectations: needs improvement = MARGINAL
3 = Satisfactory: meeting an acceptable performance level = SATISFIED
4 = Meeting expectations: very good = MORE THAN SATISFIED
5 = Exceeding expectations: excellent = VERY SATISFIED
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Page 2 of 15
CITY MANAGER’S TEN MAJOR AREAS OF RESPONSIBILITY
I. Organizational Management
1. Leadership: Does the City Manager motivate others to maximum performance? Is the
City Manager respected as demanding but fair? Is the City Manager providing the necessary
assistance to the Board and leadership to the City's staff and volunteers? Does the City Manager
get enthusiastic response to his/her new ideas and needed organizational changes?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
2. Supervision: Does the City Manager adequately supervise and direct the activities of the
Department Heads and staff? Is the City Manager able to control the operational activities of the
City through others?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
3. Job Organization: Does the City Manager delegate responsibility effectively? Does the
City Manager use his/her time productively? Does the City Manager program activities in an
orderly and systematic way?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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Page 3 of 15
4. Staff Development: Does the City Manager appoint and train effective subordinates? Is
the City Manager able to recruit and retain quality employees? Is the Manager committed to
having City staff operate well as a team? Does (s)he effectively develop Department Heads and
staff members?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
II. Fiscal/Business Management
5. Budget: Is the budget developed in a systematic and effective manner? Is the budget
proposal from the Manager reasonable and appropriate? Is the annual budget presented in a
timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the
City Manager carry out the budget satisfactorily and control expenses within the levels set in the
budget?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda
topics and reports for the City Commission?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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Page 4 of 15
7. Financial Reporting: Does the Manager provide periodic financial reports in a well-
designed, informative and understandable format?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
8. Managing Multiple Priorities: Is the Manager capable of prioritizing and implementing
multiple priorities while considering the most important goals, objectives and tasks facing the
City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
9. Productivity: Can the Manager be depended on for sustained productive work? Does the
Manager readily assume responsibility? Does the Manager meet time estimates within his /her
control?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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Page 5 of 15
III. Program Development and Follow-Through
10. Execution of Policy: Does the City Manager understand and comply with the overall
policies, laws and philosophy of the City? Do his/her efforts lead towards successful
accomplishment of goals? Does the City Manager measure results against goals and take
corrective action?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
11. Program Development: Does the Manager translate policies and objectives into specific
and effective programs? Does the Manager independently recognize problems, develop relative
facts, formulate alternate solutions and decide on appropriate recommendations?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
12. Imagination - Initiative: Does the City Manager show originality in approaching
problems? Does the City Manager create effective solutions? Is the City Manager able to visualize
the implications of various alternatives?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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IV. Communication
13. Communication: Does the City Manager keep appropriate people informed? Does the
City Manager present his/her thoughts in an orderly and understandable manner? Is the City
Manager able to be persuasive?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________
________
14. Reporting: Does the City Manager submit accurate and complete staff reports on
schedule? Do the reports adequately convey information on the City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
15. Commission Communication: Does the Manager provide the Commission with
adequate information to make decisions?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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16. Written Communication: How effective are the Manager's letters, memoranda and
other forms of written information?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
V. Relationship with the Mayor/Commission
17. Response to Commission: Does the Manager respond in a positive way to suggestions
and guidance from the Commission? Is the Manager attuned to the Commissions’ attitudes,
feelings and needs?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:________________________________________
_____________________________________________________________________________________________________________
______________________________________________________
VI. Long Range Planning
18. Strategic Planning: Does the Manager help develop effective goals, objectives, policies
and procedures while providing an annual work plan that advises of present and future needs
of the City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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Page 8 of 15
19. Economic Development: Does the Manager demonstrate leadership and vision in
promoting the economic development of the City while maintaining concerns for “quality of life”
issues?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
20. Multi-Year Approach: Is the City Manager helping the City Commission to address the
City's future through multi-year planning and appropriate capital budgeting?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
VII. Relationship with Public/Public Relations
21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the
City Manager properly convey the policies and programs of the City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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Page 9 of 15
22. Community Reputation: What is the general attitude of the community to the Manager?
Is the City Manager regarded as a person of high integrity and ability? Is his/her public
credibility an asset or liability to the City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
VIII. Intergovernmental Relations
23. Intergovernmental Relations: Does the Manager work effectively with federal, state,
and other local government representatives? Is the relationship with other local government
officials beneficial to the City? Is the City Manager able to facilitate cooperative efforts among
various local agencies and the City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
IX. Professional/Personal Development
24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take
a rational and impersonal viewpoint based on facts and qualified opinions? Is the City Manager
able to divide his/her personal feelings from those which would most effectively convey the
City's interest?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
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_____________________________________________________________________________________________________________
25. Professional Reputation: How does the Manager stand among his/her colleagues? Does
the City Manager deal effectively with other public managers? Is the City Manager respected by
professional and staff representatives of other cities and counties? Does the City Manager attend
and participate in seminars and conferences for professional development?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
26. Stress Management: Is the Manager able to resolve problems under strain and
unpleasant conditions? How well does the Manager tolerate conditions of uncertainty? Does the
Manager respond well to stressful situations and adequately deal with the stress inherent to the
position?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
X. Personal Attributes
27. Leadership Style: Does the Manager display a leadership style that is firm, but flexible
and adaptable, while responding to individuals or situations in an appropriate, positive manner?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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Page 11 of 15
28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does
the City Manager have an enthusiastic attitude toward the City, both professionally and
personally?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good job?
Does the City Manager have good initiative and is the City Manager a self-starter? Does the City
Manager have good mental and physical stamina?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
30. Judgment and Decisiveness: Is the City Manager able to reach quality decisions in a
timely fashion? Are his/her decisions generally good? Does the City Manager exercise good
judgment in making decisions and in his/her general conduct?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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31. Integrity: Does the City Manager properly avoid politics and partisanship? Does the
Manager fulfill his/her responsibilities and duties in accordance with the ICMA Code of Ethics?
Is the City Manager honest and forthright in his/her professional capacities? Does the City
Manager have a reputation in the community for honesty and integrity?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
32. Self-Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able
to be honest with himself/herself and take constructive criticism? Does the City Manager take
responsibility for mistakes which are his? Is the City Manager confident enough to make
decisions and take actions as may be required without undue supervision from the Commission?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
OVERALL PERFORMANCE IMPRESSION:
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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Page 13 of 15
Strengths:
Based upon your overall evaluation of the City Manager, what areas would you list as
his/her strong points as a manager?
Improvements suggested:
Based upon your evaluation, what areas would you suggest the City Manager work on to
improve his/her skills and to be more effective in specific areas or situations?
N/A
Commendations:
Area(s) of performance calling for praise/commendation .
Exceeds expectations in all areas.
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Comment Areas
1. What are the manager’s most significant accomplishments during the past year?
Continued development of Town Square project while dealing with temporary city
facilities and operations.
2. What are the manager’s strongest qualities?
Exceeds expectations in all areas.
3. In what areas does the manager need to improve? Recommendations.
N/A
4. Two things the manager does that you would like him/her to continue.
5. Two things the manager does that you would like him/her to discontinue.
6. Two things the Manager does not do you would like him/her to start.
Page 1738 of 1829
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Performance Evaluation for the City Manager
Signature Page
______Justin Katz______(Digital Signature)_______________ _______11-18-2019_____
Evaluator’s Signature Date
_________Justin Katz_______________________________________________________
Evaluator’s Printed Name
Performance Conference Date: _________________________
________________________________________________________________ ____________________________
City Manager’s Signature Date
City Manager’s Comments:
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
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Performance Evaluation for the City Manager
FOR: Lori LaVerriere DATE: 11/26/2019
NAME OF EVALUATOR: Ty Penserga
ANNUAL EVALUATION PROCESS:
1. The Mayor and each City Commissioner is requested to complete the
evaluation form based on his/her assessment of the City Manager in ten
major areas of responsibility that include a total of 32 specific performance
measures. An “Overall Impression” rating and six (6) comment areas are
also included.
2. The Mayor and each City Commissioner shall discuss the evaluation
individually with the City Manager at a Performance Conference.
Preliminary scores may be adjusted as a result of the discussion. There is a
“Comments” section below each question for clarification purposes , if
necessary.
3. A composite Ratings Summary Chart shall be prepared by the City Manager
and provided to the City Commission. (The detailed rating sheets of the
other Commission members will be provided when requested.)
4. The performance evaluation shall be reviewed at a Commission meeting at
which point the City Commission shall consider an increase in the Manager’s
compensation.
INSTRUCTIONS:
Rating Scale: Each question is followed by a rating scale. Raters may circle the
selected performance indicator (1, 2, 3, 4 or 5) or place an “X” along with a numerical
score on the rating scale line when you feel a rating falls between two whole
numbers. There are 32 listed performance indicators in the ten major performance
categories on the pages that follow:
1 = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED
2 = Below expectations: needs improvement = MARGINAL
3 = Satisfactory: meeting an acceptable performance level = SATISFIED
4 = Meeting expectations: very good = MORE THAN SATISFIED
5 = Exceeding expectations: excellent = VERY SATISFIED
CITY MANAGER’S TEN MAJOR AREAS OF RESPONSIBILITY
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Page 2 of 15
I. Organizational Management
1. Leadership: Does the City Manager motivate others to maximum performance? Is the
City Manager respected as demanding but fair? Is the City Manager providing the necessary
assistance to the Board and leadership to the City's staff and volunteers? Does the City Manager
get enthusiastic response to his/her new ideas and needed organizational changes?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
2. Supervision: Does the City Manager adequately supervise and direct the activities of the
Department Heads and staff? Is the City Manager able to control the operational activities of the
City through others?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
3. Job Organization: Does the City Manager delegate responsibility effectively? Does the
City Manager use his/her time productively? Does the City Mana ger program activities in an
orderly and systematic way?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
4. Staff Development: Does the City Manager appoint and train effective subordinates? Is
Page 1756 of 1829
Page 2 of 15
the City Manager able to recruit and retain quality employees? Is the Manager committed to
having City staff operate well as a team? Does (s)he effectively develop Department Heads and
staff members?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
II. Fiscal/Business Management
5. Budget: Is the budget developed in a systematic and effective manner? Is the budget
proposal from the Manager reasonable and appropriate? Is the annual budget presented in a
timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the
City Manager carry out the budget satisfactorily and control expenses within the levels set in the
budget?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda
topics and reports for the City Commission?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
7. Financial Reporting: Does the Manager provide periodic financial reports in a well-
Page 1757 of 1829
Page 2 of 15
designed, informative and understandable format?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
8. Managing Multiple Priorities: Is the Manager capable of prioritizing and implementing
multiple priorities while considering the most important goals, objectives and tasks facing the
City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
9. Productivity: Can the Manager be depended on for sustained productive work? Does the
Manager readily assume responsibility? Does the Manager meet time estimates within his /her
control?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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Page 2 of 15
III. Program Development and Follow-Through
10. Execution of Policy: Does the City Manager understand and comply with the overall
policies, laws and philosophy of the City? Do his/her efforts lead towards successful
accomplishment of goals? Does the City Manager measure results against goals and take
corrective action?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
11. Program Development: Does the Manager translate policies and objectives into specific
and effective programs? Does the Manager independently recognize problems, develop relative
facts, formulate alternate solutions and decide on appropriate recommendations?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
12. Imagination - Initiative: Does the City Manager show originality in approaching
problems? Does the City Manager create effective solutions? Is the City Manager able to visualize
the implications of various alternatives?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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IV. Communication
13. Communication: Does the City Manager keep appropriate people informed? Does the
City Manager present his/her thoughts in an orderly and understandable manner? Is the City
Manager able to be persuasive?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
14. Reporting: Does the City Manager submit accurate and complete staff reports on
schedule? Do the reports adequately convey information on the City?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:
15. Commission Communication: Does the Manager provide the Commission with
adequate information to make decisions?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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16. Written Communication: How effective are the Manager's letters, memoranda and
other forms of written information?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
V. Relationship with the Mayor/Commission
17. Response to Commission: Does the Manager respond in a positive way to suggestions
and guidance from the Commission? Is the Manager attuned to the Commissions’ attitudes,
feelings and needs?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
VI. Long Range Planning
18. Strategic Planning: Does the Manager help develop effective goals, objectives, policies
and procedures while providing an annual work plan that advises of present and future needs
of the City?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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19. Economic Development: Does the Manager demonstrate leadership and vision in
promoting the economic development of the City while maintaining concerns for “quality of life”
issues?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
20. Multi-Year Approach: Is the City Manager helping the City Commission to address the
City's future through multi-year planning and appropriate capital budgeting?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
VII. Relationship with Public/Public Relations
21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the
City Manager properly convey the policies and programs of the City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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22. Community Reputation: What is the general attitude of the community to the Manager?
Is the City Manager regarded as a person of high integrity and ability? Is his /her public
credibility an asset or liability to the City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
VIII. Intergovernmental Relations
23. Intergovernmental Relations: Does the Manager work effectively with federal, state,
and other local government representatives? Is the relationship with other local government
officials beneficial to the City? Is the City Manager able to facilitate cooperative efforts among
various local agencies and the City?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
IX. Professional/Personal Development
24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take
a rational and impersonal viewpoint based on facts and qualified opinions? Is the City Manager
able to divide his/her personal feelings from those which would most effectively convey the
City's interest?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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25. Professional Reputation: How does the Manager stand among his/her colleagues? Does
the City Manager deal effectively with other public managers? Is the City Manager respected by
professional and staff representatives of other cities and counties? Does the City Manager attend
and participate in seminars and conferences for professional development?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
26. Stress Management: Is the Manager able to resolve problems under strain and
unpleasant conditions? How well does the Manager tolerate conditions of uncertainty? Does the
Manager respond well to stressful situations and adequately deal with the stress inherent to the
position?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
X. Personal Attributes
27. Leadership Style: Does the Manager display a leadership style that is firm, but flexible
and adaptable, while responding to individuals or situations in an appropriate, positive manner?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does
the City Manager have an enthusiastic attitude toward the City, both professionally and
personally?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good job?
Does the City Manager have good initiative and is the City Manager a self -starter? Does the City
Manager have good mental and physical stamina?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
30. Judgment and Decisiveness: Is the City Manager able to reach quality decisions in a
timely fashion? Are his/her decisions generally good? Does the City Manager exercise good
judgment in making decisions and in his/her general conduct?
+ + + + + 1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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31. Integrity: Does the City Manager properly avoid politics and partisanship? Does the
Manager fulfill his/her responsibilities and duties in accordance with the ICMA Code of Ethics?
Is the City Manager honest and forthright in his/her professional capacities? Does th e City
Manager have a reputation in the community for honesty and integrity?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
32. Self-Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able
to be honest with himself/herself and take constructive criticism? Does the City Manager take
responsibility for mistakes which are his? Is the City Manager confident enough to m ake
decisions and take actions as may be required without undue supervision from the Commission?
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
OVERALL PERFORMANCE IMPRESSION:
+ + + + +
1.0 2.0 3.0 4.0 5.0
Unsatisfactory Below Satisfactory Meets Exceeds
Expectations Expectations Expectations
COMMENTS:______________________________________________________________________________________________
_____________________________________________________________________________________________________________
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Strengths:
Based upon your overall evaluation of the City Manager, what areas would you list as
his/her strong points as a manager?
Management, communication, and her forward-thinking leadership. I could not be more
pleased with her overall performance and professionalism.
I’ve spoken to many other city leaders, including city managers, and she’s widely
respected and admired; rightfully so.
Improvements suggested:
Based upon your evaluation, what areas would you suggest the City Manager work on to
improve his/her skills and to be more effective in specific areas or situations?
She keeps an open mindset, and proactively participates in programs to grow her
leadership abilities. I would recommend continuing her growth/learning, but
she’s already doing that.
Commendations:
Area(s) of performance calling for praise/commendation .
Other than what was already been written, talking and working with her is incredibly easy –
which is essential in getting things done, and she is always available when needed.
I also want to acknowledge that she builds up the people/the team around her – a sign of true
leadership.
She has also demonstrated long-term stability and fair judgement. This is critical for the
growth of any city, especially for one that’s on the cusp of a new chapter.
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Comment Areas
1. What are the manager’s most significant accomplishments during the past year?
2. What are the manager’s strongest qualities?
3. In what areas does the manager need to improve? Recommendations.
4. Two things the manager does that you would like him/her to continue.
5. Two things the manager does that you would like him/her to discontinue.
6. Two things the Manager does not do you would like him/her to start.
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Performance Evaluation for the City Manager
Signature Page
Ty Penserga 11/26/2019
Evaluator’s Signature Date
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Evaluator’s Printed Name
Performance Conference Date: _________________________
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City Manager’s Signature Date
City Manager’s Comments:
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Page 1769 of 1829
12.A.
L E GA L
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
P R O P O S E D R E S O LU TIO N N O . R19-162 - Approving the Solid W aste rates and c harges for
residential and commerc ial c ustomers.
E X P L AN ATIO N O F R EQ U E S T:
On 11/05/19, the City C ommission approved Ordinance No. 19-040 on first reading to amend Part I I , Code
of Ordinances, C hapter 10, Article I I , Refuse, Garbage and Trash, Section 10-23 & Sec tion 10-24,
Amending definitions and c odes clarifying mandatory servic e charge to curtail illegal dumping.
This change is being made due to the striking of the service fees from the c ode ordinanc e to now be part of
the Solid W aste Fee Schedule originally adopted on 07/02/19.
As part of the antic ipated approval on second reading, it is necessary to adopt an updated version of the
Solid W aste Fee Sc hedule, which upon approval will be posted online and made available to the public upon
request.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? The proposed changes will allow the
Solid W aste D ivision to continue to provide reliable high quality refuse servic es to the C ity residential and
commercial customers.
F IS C AL IMPAC T: Budgeted There are no proposed increased as part of this action
ALT E R N ATIV E S: None
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant? No
G rant Amount:
Page 1770 of 1829
AT TAC H ME N TS :
Type Desc ription
Resolution Resolution approving update to Solid W aste Fees
(illegal dumping)
Attachment Solid W aste Fee S chedule
Page 1771 of 1829
S:\CA\RESO\Solid Waste Rates 2019-20(Updated) - Reso.Docx
RESOLUTION NO. R19- 1
2
A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, APPROVING AND ADOPTING AND 4
UPDATED SCHEDULE OF SOLID WASTE RATES AND 5
CHARGES FOR RESIDENTIAL AND COMMERCIAL 6
CUSTOMERS; AND PROVIDING AN EFFECTIVE 7
DATE. 8
9
10
WHEREAS, Ordinance No. 19-020 adopted on July 16, 2019 amended the City’s Code 11
of Ordinances, Chapter 10, Article II, Refuse, Garbage and Trash, Section 10-30, Rates and 12
charges for City service; allowing rates to be set by resolution of the Commission; and 13
WHEREAS, Ordinance No. 19-040 adopted on December 5, 2019 amended Section 14
10-23 and 10-24 of the City’s Code of Ordinances to amend definitions and clarifying 15
mandatory service charge to curtail illegal dumping; and 16
WHEREAS, those fees removed from the Code Sections 10-23 and 10-24 are to be 17
included in the Solid Waste Division Fee Schedule attached hereto. 18
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19
THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21
being true and correct and are hereby made a specific part of this Resolution upon adoption 22
hereof. 23
Section 2. The City Commission does hereby find that the Solid Waste Division 24
Fee Schedule, attached hereto as Exhibit “A” and incorporated herein, represents fair and 25
reasonable sums assessed to provide the use or reasonable availability for use, of the Solid 26
Waste services and facilities of the Boynton Beach Public Works Department, by each user 27
receiving service. 28
29
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30
Section 3. This Resolution and fee schedule shall take effect immediately upon 31
passage. 32
PASSED AND ADOPTED this _____ day of ___________, 2019. 33
34
CITY OF BOYNTON BEACH, FLORIDA 35
36
YES NO 37
38
Mayor – Steven B. Grant _____ _____ 39
40
Vice Mayor – Justin Katz _____ _____ 41
42
Commissioner – Mack McCray _____ _____ 43
44
Commissioner – Christina L. Romelus _____ _____ 45
46
Commissioner – Ty Penserga _____ _____ 47
48
49
VOTE ______ 50
51
ATTEST: 52
53
54
_____________________________ 55
Crystal Gibson, MMC 56
City Clerk 57
58
59
60
(Corporate Seal) 61
62
63
Page 1773 of 1829
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S:\Commission\2019-12-03\Solid Waste Division Fee Schedule R#19-XXX.docx
CITY OF BOYNTON BEACH
PUBLIC WORKS | SOLID WASTE DIVISION
222 NE 9TH AVE • Boynton Beach, FL 33435 • (561)742-6200 • Fax (561)742-6211
General email: pwadmin@bbfl.us Web site: www.boynton-beach.org
SOLID WASTE DIVISION FEE SCHEDULE
(Resolution #R19-XXX, Adopted 12/03/19)
I. RESIDENTAL FEES:
A. SINGLE FAMILY
OPERATING COST $10.75
FUEL/ENVIRONMENTAL CHARGE $5.00
RECYCLING $1.25
TOTAL MONTHLY $17.00
TOTAL MONTHLY CHARGE WILL INCREASE $0.50 IN FISCAL YEARS 2019-2020 & 2020-2021 RESPECTIVELY
B. MULTIFAMILY
OPERATING COST $7.50
FUEL/EVVIRONMENTAL CHARGE $5.00
RECYCLING $1.25
TOTAL MONTHLY $13.75
TOTAL MONTHLY CHARGE WILL INCREASE $0.50 IN FISCAL YEARS 2019-2020 & 2020-2021 RESPECTIVELY
C. SPECIAL PICK UP CHARGES (EACH REQUEST)…………………………………………………………($75.00 minimum)
INCLUDES: CONSTRUCTION DEBRIS OVER A CUBIC YARD, LARGE STUMPS/TRUNKS, NON-SCHEDULED CHARGABLE PICKUP
D. ADDITIONAL GARBAGE CART…………………………………………………………………………..$6.00 each/per month
IN ADDITION TO THE CART ALREADY PROVIDED AT THE MONTHLY RATE
E. MANDATORY SERVICE CHARGE.……………………………………………………………………………………………….$50.00
A MANDATORY SERVICE CHARGE WILL BE ASSESSED FOR ANY BULK TRASH/VEGETATION THAT IS PLACED ON THE WRONG
SERVICE DAY OR FOR LOOSE HOUSEHOLD BULK TRASH, NOT BAGGED OR PROCESSED WHICH WILL REQUIRE CLEANUP.
II. COMMERICAL FEES:
A. DUMPSTERS
(1) 2 YARD DUMPSTER - NUMBER OF PICK UPS PER WEEK
2 YARD 1 2 3 4 5 6 7
RENTAL $28.00 $28.00 $28.00 $28.00 $28.00 $28.00 $28.00
DISPOSAL $29.03 $63.06 $97.25 $131.13 $165.28 $199.20 $233.24
OPERATING $29.64 $64.28 $98.92 $133.56 $168.32 $202.84 $237.48
FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
TOTAL COST MONTHLY $96.67 $165.34 $234.17 $302.69 $371.60 $440.04 $508.72
(1A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)………………………$22.33/EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEY ARE NOT ALREADY PAYING FOR
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(1B) SUNDAY DUMPSTER SERVICE (EXCLUDES 7 DAY SERVICES)…………………….$100.00/per month
IN ADDITION TO THE MONTHLY RATE, THERE WILL BE AN EXTRA CHARGE FOR SUNDAY PICK-UPS
(2) 3 YARD DUMPSTER - NUMBER OF PICK UPS PER WEEK
3 YARD 1 2 3 4 5 6 7
RENTAL $35.00 $35.00 $35.00 $35.00 $35.00 $35.00 $35.00
DISPOSAL $46.05 $97.25 $148.14 $199.20 $250.25 $301.30 $352.35
OPERATING $46.96 $98.92 $150.88 $202.84 $254.80 $306.76 $358.72
FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
TOTAL COST MONTHY $138.01 $241.17 $344.02 $447.04 $550.05 $653.06 $756.07
(2A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)……………………..…$31.87/EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEY ARE NOT ALREADY PAYING FOR
(2B) SUNDAY DUMPSTER SERVICE (EXCLUDES 7 DAY SERVICES)……………………….$100.00/per month
IN ADDITION TO THE MONTHLY RATE, THERE WILL BE AN EXTRA CHARGE FOR SUNDAY PICK-UPS
(3) 4 YARD DUMPSTER - NUMBER OF PICK UPS PER WEEK
4 YARD 1 2 3 4 5 6 7
RENTAL $41.00 $41.00 $41.00 $41.00 $41.00 $41.00 $41.00
DISPOSAL $63.06 $131.13 $199.20 $267.27 $335.33 $403.40 $471.47
OPERATING $64.28 $133.56 $202.84 $272.12 $341.40 $410.68 $479.96
FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
TOTAL COST MONTHLY $178.34 $315.69 $453.04 $590.39 $727.73 $865.08 $1,002.43
(3A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)……………………… $41.19/EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEY ARE NOT ALREADY PAYING FOR
(3B) SUNDAY DUMPSTER SERVICE (EXCLUDES 7 DAY SERVICES)………………………$100.00/per month
IN ADDITION TO THE MONTHLY RATE, THERE WILL BE AN EXTRA CHARGE FOR SUNDAY PICK-UPS
(4) 6 YARD DUMPSTER - NUMBER OF PICK UPS PER WEEK
6 YARD 1 2 3 4 5 6 7
RENTAL $48.00 $48.00 $48.00 $48.00 $48.00 $48.00 $48.00
DISPOSAL $97.25 $199.20 $301.30 $403.41 $505.50 $607.60 $709.71
OPERATING $98.92 $202.84 $306.76 $410.68 $514.60 $618.52 $722.44
FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
ENV.SURCHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
TOTAL COST MONTHLY $254.17 $460.04 $666.06 $872.09 $1,078.10 $1,284.12 $1,490.15
(4A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)…………………………$58.70/EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEY ARE NOT ALREADY PAYING FOR
(4B) SUNDAY DUMPSTER SERVICE (EXCLUDES 7 DAY SERVICES)……………………….$100.00/per month
IN ADDITION TO THE MONTHLY RATE, THERE WILL BE AN EXTRA CHARGE FOR SUNDAY PICK-UPS
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S:\Commission\2019-12-03\Solid Waste Division Fee Schedule R#19-XXX.docx
(5) 8 YARD DUMPSTER - NUMBER OF PICK UPS PER WEEK
8 YARD 1 2 3 4 5 6 7
RENTAL $55.00 $55.00 $55.00 $55.00 $55.00 $55.00 $55.00
DISPOSAL $126.13 $267.27 $403.41 $549.54 $675.68 $811.80 $947.94
OPERATING $137.56 $267.12 $410.68 $539.24 $687.80 $826.36 $964.92
FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
ENV.SURCHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
TOTAL COST MONTHLY $328.69 $599.39 $879.09 $1,153.78 $1,428.48 $1,703.16 $1,977.86
(5A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)………………………. $75.91/EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEY ARE NOT ALREADY PAYING FOR
(5B) SUNDAY DUMPSTER SERVICE (EXCLUDES 7 DAY SERVICES)………………………$100.00/per month
IN ADDITION TO THE MONTHLY RATE, THERE WILL BE AN EXTRA CHARGE FOR SUNDAY PICK-UPS
(6) 95 GALLON GARBAGE CARTS
95 GAL TWO PICK UP PER WEEK
OPERATING $14.00
FUEL CHARGE $5.00
ENV. SURCHARGE $5.00
TOTAL COST MONTHLY (FOR TWO) $24.00
SERVICE WILL FOLLOW RESIDENTAL SCHEDULE (MONDAY/THURSDAY OR TUESDAY/FRIDAY)
(6A) ADDITIONAL GARBAGE CART………………………………………………………………$12.00 each/per month
IN ADDITION TO THE CART ALREADY PROVIDED AT THE MONTHLY RATE
B. COMMERICAL RECYCLING
(1) 2 YARD CARDBOARD RECYLCER - NUMBER OF PICK UPS PER WEEK
2 YARD 1 2 3 4
RENTAL $23.00 $23.00 $23.00 $23.00
OPERATING $10.67 $57.35 $104.64 $151.92
FUEL CHARGE $5.00 $5.00 $5.00 $5.00
ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00
TOTAL COST MONTHLY $43.67 $90.35 $137.64 $184.92
(1A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN) ……………………….$10.90/EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEY ARE NOT ALREADY PAYING FOR
(2) 3 YARD CARDBOARD RECYLCER - NUMBER OF PICK UPS PER WEEK
3 YARD 1 2 3 4
RENTAL $29.00 $29.00 $29.00 $29.00
OPERATING $7.67 $56.08 $106.17 $148.43
FUEL CHARGE $5.00 $5.00 $5.00 $5.00
ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00
TOTAL COST MONTHLY $46.67 $95.08 $145.17 $187.43
(2A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)……………………….$11.57/EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEY ARE NOT ALREADY PAYING FOR
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(3) 4 YARD CARDBOARD RECYLCER - NUMBER OF PICK UPS PER WEEK
4 YARD 1 2 3 4
RENTAL $36.00 $36.00 $36.00 $36.00
OPERATING $3.68 $53.89 $106.71 $143.95
FUEL CHARGE $5.00 $5.00 $5.00 $5.00
ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00
TOTAL COST MONTHLY $49.68 $99.81 $152.71 $189.95
(3A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)…………………………$12.24/EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEY ARE NOT ALREADY PAYING FOR
(4) 6 YARD CARDBOARD RECYLCER
6 YARD NUMBER OF PICK UPS PER WEEK
1 2 3 4
RENTAL $43.00 $43.00 $43.00 $43.00
OPERATING $5.49 $57.35 $115.81 $174.27
FUEL CHARGE $5.00 $5.00 $5.00 $5.00
ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00
TOTAL COST MONTHLY $58.49 $110.35 $168.81 $227.27
(4A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLDUING SAT/SUN)…………………………$13.86/EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEY ARE NOT ALREADY PAYING FOR
(5) 8 YARD CARDBOARD RECYLCER
8 YARD NUMBER OF PICK UPS PER WEEK
1 2 3 4
RENTAL $50.00 $50.00 $50.00 $50.00
OPERATING $5.83 $60.58 $124.74 $224.78
FUEL CHARGE $5.00 $5.00 $5.00 $5.00
ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00
TOTAL COST MONTHLY $65.83 $120.58 $184.74 $284.78
(5A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)…………………….. $15.21/EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEY ARE NOT ALREADY PAYING FOR
(6) 95 GALLON TOTER (BLUE OR YELLOW AVAILABLE)
95 GAL ONE PICK UP PER WEEK
OPERATING $7.98
FUEL CHARGE $5.00
ENV. SURCHARGE $5.00
TOTAL COST MONTHLY PER CONTAINER $17.98
(6A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)…………………………$4.73 EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULED DAY THAT THEY ARE NOT ALREADY PAYING FOR
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C. COMPACTORS
(1) 2 YARD COMPACTOR
2 YARD NUMBER OF PICK UPS PER WEEK
1 2 3 4 5 6 7
DISPOSAL $27.01 $59.02 $91.03 $112.07 $155.03 $187.04 $219.05
OPERATING $97.09 $199.18 $301.75 $403.39 $505.84 $607.60 $709.72
FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
TOTAL COST MONTHLY $134.10 $268.20 $402.78 $525.46 $670.87 $804.64 $938.77
(1A) EXTRA PICK UP CHARGE (EACH REQUEST-EXLUDING SAT/SUN)…………………………$30.97/EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULE DAY THAT THEY ARE NOT ALREADY PAYING FOR
(1B) SUNDAY COMPACTOR SERVICE (EXCLUDES 7 DAY SERVICES)……………………$100.00/per month
IN ADDITION TO THE MONTHLY RATE, THERE WILL BE AN EXTRA CHARGE FOR SUNDAY PICK-UPS
(2) 3 YARD COMPACTOR
3 YARD NUMBER OF PICK UPS PER WEEK
1 2 3 4 5 6 7
DISPOSAL $43.02 $91.03 $139.02 $187.04 $235.06 $283.06 $331.07
OPERATING $148.15 $301.75 $454.42 $607.60 $760.75 $913.90 $1,067.05
FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
TOTAL COST MONTHLY $201.17 $402.78 $603.44 $804.64 $1,005.81 $1,206.96 $1,408.12
(2A) EXTRA PICK UP CHARGE (EACH REQUEST-EXLUDING SAT/SUN)………………………….$46.46/EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULE DAY THAT THEY ARE NOT ALREADY PAYING FOR
(2B) SUNDAY COMPACTOR SERVICE (EXCLUDES 7 DAY SERVICES)……………………$100.00/per month
IN ADDITION TO THE MONTHLY RATE, THERE WILL BE AN EXTRA CHARGE FOR SUNDAY PICK-UPS
(3) 4 YARD COMPACTOR
4 YARD NUMBER OF PICK UPS PER WEEK
1 2 3 4 5 6 7
DISPOSAL $59.02 $123.02 $187.04 $251.03 $315.06 $379.08 $443.11
OPERATING $199.18 $475.39 $607.60 $811.81 $1,015.99 $1,220.20 $1,424.41
FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
TOTAL COST MONTHLY $268.20 $608.41 $804.64 $1,072.84 $1,341.05 $1,609.28 $1,877.52
(3A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)…………………………$61.94/EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULE DAY THAT THEY ARE NOT ALREADY PAYING FOR
(3B) SUNDAY COMPACTOR SERVICE (EXCLUDES 7 DAY SERVICES)……………………$100.00/per month
IN ADDITION TO THE MONTHLY RATE, THERE WILL BE AN EXTRA CHARGE FOR SUNDAY PICK-UPS
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(4) 6 YARD COMPACTOR
6 YARD NUMBER OF PICK UPS PER WEEK
1 2 3 4 5 6 7
DISPOSAL $91.03 $187.04 $283.06 $379.08 $475.11 $571.13 $661.45
OPERATING $301.75 $607.60 $913.90 $1,220.23 $1,526.50 $1,832.80 $2,139.13
FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
TOTAL COST MONTHLY $402.78 $804.64 $1,206.96 $1,609.31 $2,011.61 $2,413.93 $2,810.58
(4A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)…………………………$93.02/EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULE DAY THAT THEY ARE NOT ALREADY PAYING FOR
(4B) SUNDAY COMPACTOR SERVICE (EXCLUDES 7 DAY SERVICES)…………………$100.00/per month
IN ADDITION TO THE MONTHLY RATE, THERE WILL BE AN EXTRA CHARGE FOR SUNDAY PICK-UPS
(5) 8 YARD COMPACTOR
8 YARD NUMBER OF PICK UPS PER WEEK
1 2 3 4 5 6 7
DISPOSAL $123.02 $251.03 $379.08 $507.11 $635.15 $763.17 $891.21
OPERATING $403.39 $811.81 $1,220.23 $1,628.62 $2,037.04 $2,445.40 $2,853.82
FUEL CHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
ENV. SURCHARGE $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00
TOTAL COST MONTHLY $536.41 $1,072.84 $1,609.31 $2,145.73 $2,682.19 $3,218.57 $3,755.03
(5A) EXTRA PICK UP CHARGE (EACH REQUEST-EXCLUDING SAT/SUN)………………………$123.88/EACH
IF CUSTOMER WANTS TO BE SERVICED ON AN UNSCHEDULE DAY THAT THEY ARE NOT ALREADY PAYING FOR
(5B) SUNDAY COMPACTOR SERVICE (EXCLUDES 7 DAY SERVICES)………………$100.00/per month
IN ADDITION TO THE MONTHLY RATE, THERE WILL BE AN EXTRA CHARGE FOR SUNDAY PICK-UPS
(7) NOTES
(1) WHEN ESTABLISHING OR CANCELING COMMERICAL SERVICES MONTHLY CHARGES WILL BE
PRORATED BASED ON THE NUMBER OF DAYS OF SERVICE.
III. ROLL OFFS:
A. 10 YARD ROLLOFF
SERVICE CHARGE $335.00
FUEL SURCHARGE $20.00
ENVIRONMENTAL CHARGE $10.00
TOTAL COST PER SERVICE* $365.00
*10 yard containers have a 3 ton limit. (Every 2000 lbs. = 1 ton)
*MUST BE PAID IN ADVANCE PRIOR TO DELIVERY OR SERVICE
B. 20 YARD ROLLOFF
SERVICE CHARGE $410.00
FUEL SURCHARGE $20.00
ENVIRONMENTAL CHARGE $10.00
TOTAL COST PER SERVICE* $440.00
*20 yard containers have a 4 ton limit. (Every 2000 lbs. = 1 ton)
*MUST BE PAID IN ADVANCE PRIOR TO DELIVERY OR SERVICE
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C. 30 YARD ROLLOFF
SERVICE CHARGE $485.00
FUEL SURCHARGE $20.00
ENVIRONMENTAL CHARGE $10.00
TOTAL COST PER SERVICE* $515.00
*30 yard containers have a 5 ton limit. (Every 2000 lbs. = 1 ton)
*MUST BE PAID IN ADVANCE PRIOR TO DELIVERY OR SERVICE
D. 40 YARD ROLLOFF
SERVICE CHARGE $560.00
FUEL SURCHARGE $20.00
ENVIRONMENTAL CHARGE $10.00
TOTAL COST PER SERVICE* $590.00
*40 yard containers have a 6 ton limit. (Every 2000 lbs. = 1 ton)
*MUST BE PAID IN ADVANCE PRIOR TO DELIVERY OR SERVICE
E. Overage Fee .................................................................................. $25.00 per every 1000 lbs. over limit
F. Inactivity Fee…………………………………………………………………………………………………………..$50.00 per month
If roll off is not serviced a minimum of once in a 30 day period
G. Trip Charge …………………………...………………………………………………………………………..$50.00 each occurrence
If driver arrives as scheduled and unable to service the container due to it being blocked, overloaded, gate locked etc.
H. Saturday Special Pick Up………………………………………………………………………………………………………….$200.00
Must call before 12 pm the Friday before to arrange (holidays excluded). MUST BE PAID IN ADVANCE PRIOR TO SERVICE
I. Relocation Only………………………………………………………………………………………………………………………..$75.00
If requesting for the container to be moved to a new location but not emptied MUST BE PAID IN ADVANCE PRIOR TO SERVICE
J. Priority Same Day Service……………………………………………………………………......................................$200.00
Must call before 10 am the day of service MUST BE PAID IN ADVANCE PRIOR TO DELIVERY OR SERVICE
K. Violations…………………………………………………………………………………………………………………………………$100.00
If the transfer station finds materials that are not permitted (i.e. contaminated, tires, paint).
Customer will be charged the violation fee plus any additional fees charged by the transfer station
IV. ROLL OFF COMPACTORS:
A. ALL SIZES
SERVICE FEE $145.00
FUEL SURCHARGE $20.00
ENVIRONMENTAL CHARGE $10.00
TOTAL CHARGE PER SERVICE *(EXCLUDING TIPPING FEE) $175.00
*TIPPING FEE IN ADDITION $50.00 PER TON
V. ADMINISTRAVIE FEES
A. LATE FEES
Customer shall pay the City, daily interest at a rate established by Section 55.03(1), Florida Statutes, on the unpaid balance, if
payment of full account is not accepted within fifteen (15) days after becoming due. Unless otherwise provide by law, daily
interest shall accrue until balance is paid in full.
Page 1780 of 1829
12.B.
L E GA L
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O PO SE D O R D IN AN C E N O. 19-043 - F IR S T
R E AD IN G - A pproving the abandonment of an F P&L utility easement within the Ocean Breeze East
development, loc ated at 100 NE 7th Avenue. Applicant: Lewis Swezy, Ocean Breeze East Apartments L L C .
E X P L AN ATIO N O F R EQ U E S T:
Elizabeth Roque of C entennial Management, on behalf of Lewis Swezy of Ocean Breeze East Apartments
L L C, is requesting abandonment of the 12 foot wide FP&L utility easement loc ated along the west property
line of Lot 3 of Bloc k 1, Country Club Estates and running east to the east property line of Lot 12 of Block 1,
Country Club E states, for a distance of approximately 505 feet (see Exhibit "B ").
The abandonment of this easement was a Condition of Approval of the approved S ite Plan for Ocean Breeze
East. As the applic ant is preparing to construct the projec t, they have submitted the abandonment application
to satisfy the condition. The applic ant has received a letter of "No Objection" from F P&L (see Exhibit "C"),
indicating the abandonment would be contingent upon the applicant, 1) granting any necessary easements to
F P&L to provide electric al servic e to the project; and 2) relocating / removing, at the applic ant expense, any
existing utilities that may be located within the easement proposed for abandonment.
Staff recommends approval of the requested abandonment, subject the applicant satisfying the c onditions
noted by FP&L above.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? N/A
F IS C AL IMPAC T: N/A
ALT E R N ATIV E S: None recommended.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
Page 1781 of 1829
AT TAC H ME N TS :
Type Desc ription
Ordinanc e Ordinance abandoning F P&L Easement Ocean
Breeze East
Location Map Exhibit A - Loc ation Map
Drawings Exhibit B - Legal D esc ription & Sketc h
Letter Exhibit C - FP &L Letter
Conditions of Approval Exhibit D - Conditions of Approval
Development Order Exhibit E - Development Order
Page 1782 of 1829
S:\CA\Ordinances\Abandonments\Abandonment of FPL Utility Easement (Ocean Breeze East) - Ordinance.docx
ORDINANCE NO. 19- 1
2
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, APPROVING THE ABANDONMENT OF AN FP&L 4
UTILITY EASEMENT WITHIN THE OCEAN BREEZE EAST 5
DEVELOPMENT, LOCATED AT 100 NE 7TH AVENUE. 6
APPLICANT: LEWIS SWEZY, OCEAN BREEZE EAST 7
APARTMENTS LLC.; AUTHORIZING THE CITY MANAGER 8
TO EXECUTE A DISCLAIMER, WHICH SHALL BE 9
RECORDED WITH THIS ORDINANCE IN THE PUBLIC 10
RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 11
PROVIDING AN EFFECTIVE DATE. 12
13
WHEREAS, Lewis Swezy of Ocean Breeze East Apartments, LLC., is requesting 14
abandonment of the 12 foot wide FP&L utility easement located along the west property 15
line of Lot 3 of Block 1, Country Club Estates and running east to the east property line of 16
Lot 12 of Block 1, Country Club Estates for a distance of approximately 505 feet; and 17
18
WHEREAS, the abandonment of this easement was a Condition of Approval of 19
the approved Site Plan for Ocean Breeze East and the abandonment application has been 20
submitted to satisfy that condition; and 21
22
WHEREAS, the applicant has received a letter of “no objection” from FP&L 23
indicating the abandonment would be contingent upon the applicant granting any necessary 24
easement to FP&L to provide electrical service to the project and relocating any existing 25
utilities that may be located within the easement proposed for abandonment; and 26
27
WHEREAS, comments have been solicited from the appropriate City 28
Departments, and public hearings have been held before the City Commission on the 29
proposed abandonment; and 30
31
WHEREAS, staff finds that the subject abandonment serves a greater public 32
purpose, and therefore recommends approval of the applicant’s request. 33
34
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 35
THE CITY OF BOYNTON BEACH, FLORIDA THAT: 36
37
Section 1. The foregoing whereas clauses are true and correct and incorporated 38
herein by this reference. 39
40
Section 2. The City Commission of the City of Boynton Beach, Florida, does 41
hereby abandon a twelve (12) foot-wide FP&L utility easement located along the west 42
property line of Lot 3 of Block 1, Country Club Estates and running east to the east property 43
line of Lot 12 of Block 1, Country Club Estates for a distance of approximately 505 feet. 44
The property being abandoned is more particularly described as follows: 45
46
47
48
49
Page 1783 of 1829
S:\CA\Ordinances\Abandonments\Abandonment of FPL Utility Easement (Ocean Breeze East) - Ordinance.docx
THE NORTH 12.0 FEET OF THE SOUTH 25.0 FEET OF LOTS 3 50
THROUGH 10 AND LOT 12, BLOCK 1, PALM BEACH 51
COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT 52
THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 43, 53
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 54
55
56
57
Section 3. The City Manager is hereby authorized and directed to execute the 58
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Publ ic 59
Records of Palm Beach County, Florida. 60
61
Section 4. This Ordinance shall take effect immediately upon passage. 62
63
64
FIRST READING this ____ day of December, 2019. 65
66
SECOND, FINAL READING AND PASSAGE THIS _____day of _______, 2019. 67
68
69
70
CITY OF BOYNTON BEACH, FLORIDA 71
72
YES NO 73
74
Mayor – Steven B. Grant _____ _____ 75
76
Vice Mayor – Justin Katz _____ _____ 77
78
Commissioner – Mack McCray _____ _____ 79
80
Commissioner – Christina L. Romelus _____ _____ 81
82
Commissioner – Ty Penserga _____ _____ 83
84
VOTE ______ 85
86
ATTEST: 87
88
89
_____________________________ 90
Crystal Gibson, MMC 91
City Clerk 92
93
94
(Corporate Seal) 95
Page 1784 of 1829
S:\CA\Ordinances\Abandonments\Abandonment of FPL Utility Easement (Ocean Breeze East) - Ordinance.docx
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of
Boynton Beach, Florida, does hereby abandon a twelve (12) foot-wide FP&L utility easement located
along the west property line of Lot 3 of Block 1, Country Club Estates and running east to the east
property line of Lot 12 of Block 1, Country Club Estates for a distance of approximately 505 feet. The
property being abandoned is more particularly described as follows:
THE NORTH 12.0 FEET OF THE SOUTH 25.0 FEET OF LOTS 3
THROUGH 10 AND LOT 12, BLOCK 1, 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.
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach,
Florida, have hereunto set their hands and affixed the seal of the City this ____ day of December,
2019.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
_________________________ _____________________________
Crystal Gibson, MMC Lori LaVerriere, City Manager
City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere, City Manager
of the City of Boynton Beach, Florida, known to me to be the person described in and who executed
the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as
such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal
of said corporation; and that said instrument is the act and deed of said corporation.
WITNESS my hand and official seal in the said State and County this _____ day of December,
2019.
_____________________________
NOTARY PUBLIC, State of Florida
My Commission Expires:
Page 1785 of 1829
NE 1st StNE 6th AveN Seacrest BlvdNE 5th Ave
NE 7th Ave
NE 8th Ave
NE 2nd StNW 5th Ct¯0 50 100 15025Feet
LOCATION MAP EXHIBIT A
SITE
Page 1786 of 1829
X:\Drawings\GENERAL CADD\Gxd\OCEAN BREEZE ABANDONMENT SKETCH -- 11/05/2019 -- 02:11 PM -- Scale 1 : 240.0000
Page 1787 of 1829
Page 1788 of 1829
EXHIBIT “D”
CONDITIONS OF APPROVAL
Project Name: Ocean Breeze East Utility Easement Abandonment
File number: ABAN 20-002
Reference: ABAN 20-002
DEPARTMENTS
INCLUDE
REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments: None.
FIRE
Comments: None.
POLICE
Comments: None.
BUILDING DIVISION
Comments: None.
PARKS AND RECREATION
Comments: None.
PLANNING AND ZONING
Comments:
1. Per FP&L comments, the applicant shall grant any necessary
easements to FP&L to provide electrical service to the project.
X
2. Per FP&L comments, the applicant shall relocate / remove, at the
applicant’s expense, any existing utilities that may be located within
the easement proposed for abandonment.
X
COMMUNITY REDEVELOPMENT AGENCY
Comments: None.
Page 1789 of 1829
Ocean Breeze East Utility Easement Abandonment (ABAN 20-002)
Conditions of Approval
Page 2 of 2
DEPARTMENTS
INCLUDE
REJECT
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: N/A
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze East Utility Easement Abandonment\COA.doc
Page 1790 of 1829
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Ocean Breeze East Utility Easement Abandonment (ABAN 20-002)
APPLICANT: Lewis Swezy, Ocean Breeze East Apartments LLC
APPLICANT’S ADDRESS: 7735 NW 146th Street, Suite 306, Miami Lakes, FL 33016
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 17, 2019
APPROVAL SOUGHT: Request for abandonment of the 12 foot wide FP&L utility easement located
along the west property line of Lot 3 of Block 1, Country Club Estates and
running east to the east property line of Lot 12 of Block 1, Country Club
Estates, for a distance of approximately 505 feet (ABAN 20-002).
LOCATION OF PROPERTY: 100 NE 7th Avenue.
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
1. Application for the approval sought was made by the Applicant in a manner consistent with the
requirements of the City’s Land Development Regulations.
2. The Applicant
___ HAS
___ HAS NOT
established by substantial competent evidence a basis for the approval requested.
3. The conditions for development requested by the Applicant, administrative staff, or suggested
by the public and supported by substantial competent evidence are as set forth on Exhibit “C”
with notation “Included.”
4. The Applicant’s request is hereby
___ GRANTED subject to the conditions referenced in paragraph 3 above.
___ DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED: __________________________ _____________________________________________
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze East Utility Easement Abandonment\DO.doc
Page 1791 of 1829
12.C.
L E GA L
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
P R O P O S E D O R D IN AN C E N O . 19-040 - S E C O N D R E AD IN G - Approve proposed amendments to Part
I I , Code of Ordinances, Chapter 10, Article I I , Refuse, Garbage and Trash, Section 10-23 & Section 10-24,
Amending definitions and c odes clarifying mandatory servic e charge to curtail illegal dumping.
E X P L AN ATIO N O F R EQ U E S T:
I llegal dumping and early setout of bulk trash/vegetation prior to scheduled pic kup day have become a
chronic issue for the City and the Solid Waste D ivision.
I n an effort to c urtail illegal dumping and unsc heduled pic kups , staff are proposing the following changes:
Amending definitions, removing referenc es to fees and charges now set be resolution whic h were
adopted on J uly 16th 2019, Resolution #R19-075.
Adding a new paragraph under section 10-24, single family refuse collec tion titled Mandatory Servic e
Charge to c larify and further define the process of mandatory service charges to curtail illegal
dumping, loose household bulk trash, and early setout of bulk trash/vegetation prior to sc heduled
pickup day.
Reinstating the prohibition of placing bulk trash/vegetation on vacant lots and setting a maximum limit
of three (3) cubic y ards of bulk trash/vegetation per c ustomer once a week.
Prior to implementation, Solid W aste and Community Standards staff will educate the public about the
changes via a marketing c ampaign, which inc ludes social media, notices in utility bills and direct contact with
customers. W arnings will be issued for a period of 30 day s prior to enforcement of the mandatory service
charge.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
The proposed c hanges will provide staff the necessary tools to improve the appearance of the City as well as
the efficiency of daily operations.
F IS C AL IMPAC T: Budgeted Staff estimates a 10% savings in fuel, dump fees and staff hours. I n addition,
staff projects c ollecting approximately $5,000.00 in additional revenue.
ALT E R N ATIV E S:
Continue status quo and ramp up efforts to curtail illegal dumping, loose household bulk trash and early setout
of non-scheduled bulk trash/vegetation by hiring additional staff and equipment.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
Page 1792 of 1829
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Ordinanc e Ordinance amending Chapter 10 to address
illegal dumping (rev)
Exhibit Proposed Amendment c hapter 10, article I I
Refuse, Garbage and Trash
Page 1793 of 1829
1
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1
ORDINANCE NO. 19-040 2
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, AMENDING CHAPTER 10 OF THE CITY’S 4
CODE OF ORDINANCES, “GARBAGE, TRASH AND 5
OFFENSIVE CONDITIONS,” ARTICLE II, “REFUSE, 6
GARBAGE AND TRASH”, SECTION 10-23, 7
“DEFINITIONS” AND SECTION 10-24, “SINGLE 8
FAMILY RESIDENTIAL REFUSE COLLECTION” 9
CLARIFYING MANDATORY SERVICE CHARGE TO 10
CURTAIL ILLEGAL DUMPING; PROVIDING FOR 11
CONFLICTS, SEVERABILITY, CODIFICATION AND 12
AN EFFECTIVE DATE. 13
14
WHEREAS, illegal dumping and early setout of bulk trash and vegetation prior to 15
scheduled pickup day have become a chronic issue for the City and the Solid Waste division; 16
and 17
WHEREAS, in an effort to curtail illegal dumping, staff is proposing the changes to 18
improve the appearance of the City as well as the efficiency of daily operations; and 19
WHEREAS, the City Commission finds the adoption of the proposed ordinance is 20
in the best interest of the health, safety, and welfare of the citizens and residents of the City 21
of Boynton Beach. 22
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY 23
COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 24
Section 1. Each "Whereas" clause set forth above is true and correct and 25
incorporated herein by this reference. 26
Section 2. Chapter 10, Garbage, Trash and Offensive Conditions, Article II, 27
Refuse, Garbage and Trash, Section 10-23 is amended as follows: 28
ARTICLE II. REFUSE, GARBAGE AND TRASH* 29
30
Sec. 10-23. Definitions. 31
32
Mandatory Service Charge means an automatic fifty dollar ($50.00) service 33
charge, which will be assessed for any bulk trash/vegetation that is placed for pickup 34
on the wrong day and or loose household bulk trash not bagged or processed which 35
will require cleanup. 36
Page 1794 of 1829
2
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37
Special pickup, and costs referenced herein, shall apply when residential solid 38
waste, exclusive of construction debris, greater than six (6) cubic yards must be 39
collected and disposed of separate from other provisions of this Article. Special 40
pickups will be coordinated with the resident and a Solid Waste Supervisor as to 41
time, place, date, and items to be picked up. Items to be picked up will not be 42
deposited at the curbside more than twenty-four (24) hours prior to the scheduled 43
special pickup. All special pickups shall be at additional cost to the resident. An 44
estimate of the cost of the special pickup should be obtained by contacting the office 45
of the Director of Public Works. Special pickups will be made as soon as practicable 46
upon acceptance of the cost estimate by the owner. The minimum fee for this 47
service is seventy-five dollars ($75.00). 48
49
Section 3. Chapter 10, Garbage, Trash and Offensive Conditions, Article II, 50
Refuse, Garbage and Trash, Section 10-24 is amended as follows: 51
Sec. 10-24. Single family residential refuse collection. 52
53
(a) The City will collect non-containerized residential refuse under the following 54
conditions: 55
(1) Garbage will be collected twice per week at curbside only from each single 56
family residential unit in the City provided with roll-out garbage carts. The 57
placement of household garbage in a loose and uncontained manner on the roadside, 58
swale or other locations adjacent to the roadway with the expectation of collection 59
shall be strictly prohibited. There will be an automatic mandatory service charge for 60
loose household bulk trash not bagged or processed which will require cleanup after 61
the pile has been serviced. All material intended for disposal with the roll-out 62
garbage carts shall be placed inside the cart, and the lid of the cart must be closed. 63
All refuse cans and carts shall be aboveground, placed off the street, but within three 64
(3) feet of the curb or edge of pavement and shall be located a minimum of three (3) 65
feet from any obstruction that may interfere with routine collection. Yard trash and 66
combustible trash will not be collected with household garbage, but will be picked 67
up once per week on a scheduled trash pickup day. Yard trash and combustible trash 68
capable of being containerized should be placed in a standard garbage can, roll-out 69
garbage cart, plastic bag, or disposable container, only yard waste generated by 70
residential property will be eligible for collection. Collection of yard trash should be 71
piled separately from all other trash at curbside. Any mixing of household garbage, 72
combustible, noncombustible, or bulk trash with the yard trash shall be strictly 73
prohibited. Materials classified as hazardous material will not be collected by the 74
City. Household garbage, trash or any type of other material intended for collection, 75
shall not be set out prior to the day proceeding the scheduled pickup. Placing of bulk 76
trash/vegetation on vacant lots is strictly prohibited. Bulk trash/vegetation shall not 77
exceed 3 (three) cubic yard and must be properly processed and placed away from 78
obstacles such as cars, garbage carts, overhead wires, and low-hanging trees. 79
80
Page 1795 of 1829
3
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(2) All garbage cans provided by the individual customer shall be subject to 81
inspection and approval by the Director of Public Works or designee at all times. A 82
container not approved by the Director of Public Works and which is set out for 83
collection will have a notice placed upon the container, handed to the owner or 84
occupant, or left at his residence and the occupant shall no longer use the container 85
for collection. 86
87
(3) Special waterproof disposable refuse bags or any other containers may be 88
used for vegetative materials. When such bags or any other containers are used, the 89
responsibility for protection of either the bag or the container and the contents shall 90
rest with the individuals occupying or residing on the property. Rupture of, or 91
damage to the bag or container, from any cause which results in the scattering of 92
refuse prior to the arrival of City collection personnel will obligate the user to 93
reassemble all of the refuse in an undamaged bag or container prior to pickup by the 94
City. 95
96
(4) No yard trash shall be placed on property owned or occupied by others 97
without permission. 98
99
(5) Refuse containers, cans, and carts shall not be kept or maintained upon or 100
adjacent to any street, sidewalk, parkway, front yard, side yard or other place within 101
the view of persons using any street or sidewalk located within the City, except as 102
provided herein. Protection of the containers placed for collection is the 103
responsibility of the resident. 104
105
(6) Curbside residential recycling service will be given to each residential 106
dwelling unit with the City, once a week. The City shall provide each resident with 107
two (2) recycling bins or carts. One shall be used for the accumulation of plastic 108
containers, glass, aluminum and other allowable co-mingled materials. The other 109
shall be used for newspaper, magazines, glossy paper, office grade paper, and 110
corrugated cardboard. The bins shall be set out on the designated collection day. 111
112
(7) Where the resident of a dwelling unit is physically unable to deliver 113
residential solid waste to curbside the resident can complete an application for 114
request for reasonable accommodation. The Public Works Director or his or her 115
designee shall review the request and make a determination on the request for 116
reasonable accommodation based upon a finding that the proposed accommodation 117
is reasonable, and the applicant is an individual with a disability as defined in 42 118
U.S.C. § 12102 of the Americans with Disabilities Act. The applicant will be notified 119
in writing of the decision on the request for reasonable accommodation. Regardless 120
of any accommodation made pursuant to the facts described in this paragraph, 121
vegetative waste must continue to be placed at curbside. 122
123
(8) Hazardous wastes, infectious wastes, construction and demolition material, 124
dead animals and any other prohibited waste shall not be placed in garbage cans, 125
bags, or any other types of containers or placed loose on the ground with the 126
Page 1796 of 1829
4
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expectation of having the material collected by the City. These materials are not part 127
of Single Family Residential Refuse Collection Service. The resident and/or property 128
owner should contact the Director of Public Works in order to inquire as to the 129
proper disposal method for such materials. 130
131
(9) Mandatory Service Charge: 132
133
The mandatory service charge is set forth to prevent the unlawful disposal of 134
bulk trash/vegetation material, at the curbside on the wrong service day. 135
136
Immediately upon observance of this condition, the Public Works Director shall 137
cause the pile to be removed and the mandatory service charge will be assessed. 138
139
The utilities account holder and/or property owner will be responsible for the 140
payment of mandatory service charge, which will be automatically added to the 141
water bill. 142
143
144
Section 4. Each and every other provision of Chapter 10, not herein specifically 145
amended shall remain in full force and effect as previously enacted. 146
Section 5. All ordinances or parts of ordinances in conflict herewith be and the 147
same are hereby repealed. 148
Section 6. Should any section or provision of this ordinance or portion hereof, any 149
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 150
such decision shall not affect the remainder of this ordinance. 151
Section 7. Authority is hereby granted to codify said ordinance. 152
Section 8. This ordinance shall become effective immediately upon its passage 153
and adoption. 154
FIRST READING this 5th day of November, 2019. 155
156
157
Page 1797 of 1829
5
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SECOND, FINAL READING AND PASSAGE this ____ day of December, 2019. 158
159
CITY OF BOYNTON BEACH, FLORIDA 160
161
YES NO 162
163
Mayor – Steven B. Grant _____ _____ 164
165
Vice Mayor – Justin Katz _____ _____ 166
167
Commissioner – Mack McCray _____ _____ 168
169
Commissioner – Christina L. Romelus _____ _____ 170
171
Commissioner – Ty Penserga _____ _____ 172
173
174
VOTE ______ 175
176
ATTEST: 177
178
179
_____________________________ 180
Crystal Gibson, MMC 181
City Clerk 182
183
184
185
(Corporate Seal) 186
Page 1798 of 1829
EXHIBIT “A”
Sec. 10-23. Definitions.
Mandatory Service Charge means an automatic service charge, which
will be assessed for any bulk trash/vegetation that is placed for pickup on
the wrong day.
Special pickup, and costs referenced herein, shall apply when
residential solid waste, exclusive of construction debris, greater than six
(6) cubic yards must be collected and disposed of separate from other
provisions of this Article. Special pickups will be coordinated with the
resident and a Solid Waste Supervisor as to time, place, date, and items
to be picked up. Items to be picked up will not be deposited at the
curbside more than twenty-four (24) hours prior to the scheduled special
pickup. All special pickups shall be at additional cost to the resident. An
estimate of the cost of the special pickup should be obtained by contacting
the office of the Director of Public Works. Special pickups will be made as
soon as practicable upon acceptance of the cost estimate by the owner. .
Sec. 10-24. Single family residential refuse collection.
(a) The City will collect non-containerized residential refuse under the
following conditions:
(1) Garbage will be collected twice per week at curbside only from
each single family residential unit in the City provided with roll-out garbage
carts. The placement of household garbage in a loose and uncontained
manner on the roadside, swale or other locations adjacent to the roadway
with the expectation of collection shall be strictly prohibited. There will be
an automatic mandatory service charge for loose household bulk trash not
bagged or processed which will require cleanup after the pile has been
serviced. All material intended for disposal with the roll-out garbage carts
shall be placed inside the cart, and the lid of the cart must be closed. All
refuse cans and carts shall be aboveground, placed off the street, but
within three (3) feet of the curb or edge of pavement and shall be located
a minimum of three (3) feet from any obstruction that may interfere with
routine collection. Yard trash and combustible trash will not be collected
with household garbage, but will be picked up once per week on a
scheduled trash pickup day. Yard trash and combustible trash capable of
being containerized should be placed in a standard garbage can, roll-out
Page 1799 of 1829
garbage cart, plastic bag, or disposable container, only yard waste
generated by residential property will be eligible for collection. Collection
of yard trash should be piled separately from all other trash at curbside.
Any mixing of household garbage, combustible, noncombustible, or bulk
trash with the yard trash shall be strictly prohibited. Materials classified as
hazardous material will not be collected by the City. Household garbage,
trash or any type of other material intended for collection, shall not be set
out prior to the day proceeding the scheduled pickup. Placing of bulk
trash/vegetation on vacant lots is strictly prohibited. Bulk trash/vegetation
shall not exceed 3 (three) cubic yard and must be properly processed and
placed away from obstacles such as cars, garbage carts, overhead wires,
and low-hanging trees.
(2) All garbage cans provided by the individual customer shall be
subject to inspection and approval by the Director of Public Works or
designee at all times. A container not approved by the Director of Public
Works and which is set out for collection will have a notice placed upon
the container, handed to the owner or occupant, or left at his residence
and the occupant shall no longer use the container for collection.
(3) Special waterproof disposable refuse bags or any other
containers may be used for vegetative materials. When such bags or any
other containers are used, the responsibility for protection of either the
bag or the container and the contents shall rest with the individuals
occupying or residing on the property. Rupture of, or damage to the bag or
container, from any cause which results in the scattering of refuse prior to
the arrival of City collection personnel will obligate the user to reassemble
all of the refuse in an undamaged bag or container prior to pickup by the
City.
(4) No yard trash shall be placed on property owned or occupied by
others without permission.
(5) Refuse containers, cans, and carts shall not be kept or
maintained upon or adjacent to any street, sidewalk, parkway, front yard,
side yard or other place within the view of persons using any street or
sidewalk located within the City, except as provided herein. Protection of
the containers placed for collection is the responsibility of the resident.
(6) Curbside residential recycling service will be given to each
residential dwelling unit with the City, once a week. The City shall provide
each resident with two (2) recycling bins or carts. One shall be used for
the accumulation of plastic containers, glass, aluminum and other
allowable co-mingled materials. The other shall be used for newspaper,
magazines, glossy paper, office grade paper, and corrugated cardboard.
Page 1800 of 1829
The bins shall be set out on the designated collection day.
(7) Where the resident of a dwelling unit is physically unable to
deliver residential solid waste to curbside the resident can complete an
application for request for reasonable accommodation. The Public Works
Director or his or her designee shall review the request and make a
determination on the request for reasonable accommodation based upon
a finding that the proposed accommodation is reasonable, and the
applicant is an individual with a disability as defined in 42 U.S.C. § 12102
of the Americans with Disabilities Act. The applicant will be notified in
writing of the decision on the request for reasonable accommodation.
Regardless of any accommodation made pursuant to the facts described
in this paragraph, vegetative waste must continue to be placed at
curbside.
(8) Hazardous wastes, infectious wastes, construction and demolition
material, dead animals and any other prohibited waste shall not be placed
in garbage cans, bags, or any other types of containers or placed loose on
the ground with the expectation of having the material collected by the
City. These materials are not part of Single Family Residential Refuse
Collection Service. The resident and/or property owner should contact the
Director of Public Works in order to inquire as to the proper disposal
method for such materials.
(9) Mandatory Service Charge:
The mandatory service charge is set forth to prevent the unlawful
disposal of bulk trash/vegetation material, at the curbside on the wrong
service day.
Immediately upon observance of this condition, the Public Works
Director shall cause the pile to be removed and the mandatory service
charge will be assessed.
The utilities account holder and/or property owner will be responsible
for the payment of mandatory service charge, which will be automatically
added to the water bill.
Page 1801 of 1829
12.D.
L E GA L
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
P R O P O S E D O R D IN AN C E N O . 19-041 - S E C O N D R E AD IN G – Approving amendments to Part I I ,
Chapter 15. Offenses-Misc ellaneous of the Code of Ordinanc es, and Chapter 1, A rticle I . General Provisions
and Chapter 3, Artic le I . Overview of Part I I I of the C ode of Ordinances (i.e. Land Development
Regulations) dec laring that when there is a c onflict between measures of a C hronic Nuisance Corrective
Action Plan and the Land Development Regulations, the measures of a Chronic Nuisanc e Correc tive Action
Plan shall prevail.
E X P L AN ATIO N O F R EQ U E S T:
A Chronic Nuisance C orrective Ac tion Plan is prepared by the City for a Nuisance Abatement Agreement,
and agreed to by the property owner. The Chronic Nuisanc e Correc tive Ac tion Plan c ontains the measures
required to be taken by the property owner to eliminate nuisanc e ac tivity on the owner ’s property. A Chronic
Nuisance Corrective Ac tion Plan, for example, c ould involve landscape removal for visibility purposes, and/or
the securing of the property with fencing to c ontrol acc ess. Since c onflicts between the C hronic Nuisance
Correc tive Ac tion Plan measures and the Land D evelopment Regulations may be unavoidable, the proposed
amendments establish that measures in a Chronic Nuisanc e Correc tive Action Plan shall prevail if in conflict
with the regulations or proc edures adopted within Part I I I of the Code of Ordinances.
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
Amendments will provide the limited flexibility which may be necessary in suc cessfully implementing the City 's
Chronic Nuisance Property Code in Chapter 15 of the C ode of Ordinances.
F IS C AL IMPAC T: N/A
ALT E R N ATIV E S: None recommended
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N: N/A
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N: N/A
Is this a grant?
G rant Amount:
Page 1802 of 1829
AT TAC H ME N TS :
Type Desc ription
Ordinanc e Ordinance regarding C orrective Ac tion Plan
Amendment Proposed amended text
Page 1803 of 1829
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Words in underlined type are additions.
1
1
ORDINANCE NO. 19-_____ 2
3
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4
AMENDING PART II, CHAPTER 15. OFFENSES-MISCELLANEOUS 5
OF THE CODE OF ORDINANCES, AND CHAPTER 1, ARTICLE I. 6
GENERAL PROVISIONS AND CHAPTER 3, ARTICLE I. OVERVIEW 7
OF PART III OF THE CODE OF ORDINANCES (I.E. LAND 8
DEVELOPMENT REGULATIONS) DECLARING THAT WHEN 9
THERE IS A CONFLICT BETWEEN MEASURES OF A CHRONIC 10
NUISANCE CORRECTIVE ACTION PLAN AND THE LAND 11
DEVELOPMENT REGULATIONS, THE MEASURES OF A CHRONIC 12
NUISANCE CORRECTIVE ACTION PLAN SHALL PREVAIL; 13
PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS, 14
AND AN EFFECTIVE DATE. 15
16
WHEREAS, a Chronic Nuisance Corrective Action Plan is prepared by the City for a 17
Nuisance Abatement Agreement, and agreed to by the property owner; and 18
19
WHEREAS, the Chronic Nuisance Corrective Action Plan contains the measures 20
required to be taken by the property owner to eliminate nuisance activity on the owner’s 21
property; and 22
23
WHEREAS, a Chronic Nuisance Corrective Action Plan could involve landscape 24
removal for visibility purposes, and/or the securing of the property with fencing to control 25
access; and 26
27
WHEREAS, since conflicts between the Chronic Nuisance Corrective Action Plan 28
measures and the Land Development Regulations may be unavoidable, the proposed 29
amendments establish that measures in a Chronic Nuisance Corrective Action Plan shall prevail 30
if in conflict with the regulations or procedures adopted within Part III of the Code of 31
Ordinances. 32
33
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE 34
CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 35
36
SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being 37
true and correct and are hereby made a part of this Ordinance. 38
39
SECTION 2. Amendment of City Code. Part II, “Code of Ordinances”, Chapter 15, 40
“Offenses-Miscellaneous”, Section 15-115 is hereby amended as follows: 41
42
Sec. 15-115. Declaration of chronic nuisance; Corrective Action Plan. 43
(a) If a pattern of nuisance activity exists upon real property, the City may declare the 44
property to be a chronic nuisance property. The City's Declaration of Chronic Nuisance shall 45
Page 1804 of 1829
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Words in underlined type are additions.
2
be sent to the property owner by hand delivery or certified mail, return receipt requested, to 46
the address listed on the ad valorem tax roll. The City's Declaration of Chronic Nuisance 47
constitutes a Notice of Violation which, if unaddressed in an executed Nuisance Abatement 48
Agreement, may be prosecuted by the City before the City's Special Magistrate. 49
(b) Mailing to the property owner at the address listed on the ad valorem roll shall be 50
prima facie proof of delivery. Notice shall also be posted at the property where the nuisance 51
activities occurred. Removal of the posted Notice without written approval from the City is 52
prohibited. The Declaration of Chronic Nuisance shall be sent with at least the following 53
information: 54
(1) A reference to chapter 15, article XIII (the "City of Boynton Beach Chronic Nuisance 55
Property Code"); 56
(2) The address and parcel control number of the property; 57
(3) The dates that the nuisance activities occurred at the property; 58
(4) A description of the nuisance activities; 59
(5) A proposed Nuisance Abatement Agreement which outlines the corrective action to 60
be taken by the property owner to remedy the nuisance activity; 61
(6) A statement that the property owner's failure to enter into the Nuisance Abatement 62
Agreement within fifteen (15) days of the Declaration of Chronic Nuisance will result in a 63
violation of this article and further prosecution and 64
(7) A statement that the costs of any chronic nuisance services provided by the City to a 65
property that has been declared to be a Chronic Nuisance may be levied against the property 66
as a non-ad valorem assessment superior to all other private rights, interests, liens, 67
encumbrances, titles and claims upon the property and equal in rank and dignity with a lien 68
for ad valorem taxes; and 69
(8) A statement that unpaid assessments may be certified to the tax collector for 70
collection pursuant to the uniform method provided in F.S. § 197.3632. 71
(9) A warning that the posted notice cannot be removed except with written permission 72
from the City. 73
(c) A Nuisance Abatement Agreement shall set forth a Corrective Action Plan with 74
specific measures that the property owner must take to curtail or eliminate the reoccurrence of 75
nuisance activities at the property. The Nuisance Abatement Agreement shall contain a 76
timetable for corrective action. The Corrective Action Plan may include abatement measures 77
which must be taken by the property owner such as: 78
(1) Commencement of an eviction action by the property owner pursuant to F.S. Chapter 79
83 to remove from the property those individuals engaged in the nuisance activity; 80
(2) Implementation of "crime prevention through environmental design" (CPTED) 81
measures; 82
Page 1805 of 1829
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3
(3) Frequency of site visits and inspections by the owner or owner's agents at various 83
times of both day and night; 84
(4) Hiring of property management; 85
(5) Hiring of private security; 86
(6) Installation of security cameras; 87
(7) Use of a written lease agreement which delineates prohibited tenant or tenant invitee 88
conduct; 89
(8) Criminal background checks for prospective tenants and lease renewals; 90
(9) The operator must post "no trespassing" signs at the property and execute a "no 91
trespass affidavit" authorizing the police department to act as an agent of the property owner 92
to enforce trespass statutes on the property; 93
(10) The operator must make regular requests to the police and fire departments for 94
offense and incident reports relating to the property. Reports are available through the records 95
division; 96
(11) Written documentation of any and all efforts to curtail or eliminate the reoccurrence 97
of nuisance activities on the property; 98
(12) Other action that the City determines is reasonably sufficient to curtail or eliminate 99
the re-occurrence of nuisance activities on the property. 100
(d) The Corrective Action Plan may require measures that conflict with the Land 101
Development Regulations (LDR), Chapters 1 through 4. Where measures of the Plan conflict 102
with the LDR, the measures specified in the Plan shall control. Further, site plan review shall 103
not be required to implement the Corrective Action Plan. 104
(de) The City may agree to modify the proposed or finalized Nuisance Abatement 105
Agreement when the property owner demonstrates that modification will improve nuisance 106
abatement action. 107
(ef) When a Nuisance Abatement Agreement is entered into, a memorandum of agreement 108
specifying the property address shall be recorded by the City in the official records of Palm 109
Beach County Florida. 110
(fg) The City will periodically monitor the property to assure compliance for a period of 111
one (1) year following execution of the Agreement. If the property owner complies with the 112
Agreement, as determined by the City, the Declaration of Chronic Nuisance will be rescinded, 113
the City will issue and record a Notice of Compliance related to the Memorandum of 114
Agreement that was previously recorded, and no further action by the property owner shall be 115
required. The City may require the property owner to enter into a new Agreement if a 116
nuisance activity re-occurs. 117
(gh) If the City determines during the monitoring period that the Corrective Action Plan is 118
not adequate to curtail or eliminate the re-occurrence of nuisance activities on the property, 119
the City may require the property owner to revise the Corrective Action Plan. The 120
Page 1806 of 1829
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4
determination as to whether or not the Corrective Action Plan is adequate is in the sole and 121
exclusive discretion of the City, based on the totality of the circumstances for the specific 122
property. 123
124
125
SECTION 3. Amendment of Land Development Regulations. Part III, “Land 126
Development Regulations”, Chapter 1, Article 1 “General Provisions”, Section 8 is hereby 127
amended as follows: 128
Sec. 8. Ordinances Not Affected by Regulation. 129
Nothing in this Regulation or the ordinance adopting this Regulation shall be construed to 130
repeal or otherwise affect the validity of any of the following when not inconsistent with this 131
Regulation: 132
A. Any ordinance promising or guaranteeing the payment of money for the city, or 133
authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness; 134
B. Any appropriation ordinance or ordinance providing for the levy of taxes or for a 135
budget; 136
C. Any ordinance annexing territory to the city or excluding territory as a part of the city; 137
D. Any ordinance granting any franchise, permit or other right; 138
E. Any ordinance approving, authorizing, or otherwise relating to any contract, agreement, 139
ease, deed or other instrument; 140
F. Any administrative ordinance not inconsistent with this Regulation; 141
G. Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, 142
widening, vacating or repairing any street or public way or lawfully established bulkheads or 143
bulkhead lines; 144
H. Any ordinance regulating, restricting or prohibiting traffic on particular streets or in 145
particular localities; 146
I. Any ordinance prescribing the street grades of any street in the city; 147
J. Any ordinance providing for local improvements or making assessments therefore; 148
K. Any ordinance dedicating or accepting any plat or subdivision in the city; 149
L. Any ordinance zoning or rezoning specific property; 150
M. Any ordinance providing for the compensation of officers and employees; and 151
N. Any temporary or special ordinance. 152
O. Any ordinance establishing or amending the Chronic Nuisance Property Code including 153
requirements necessary to implement corrective actions, regardless of conflict. 154
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5
All such ordinances are hereby recognized as continuing in full force and effect to the same 155
extent as if set out at length herein. 156
SECTION 4. Amendment of Land Development Regulations. Part III, “Land 157
Development Regulations”, Chapter 3, Article 1 “Overview”, Section 5 is hereby amended as 158
follows: 159
160
Sec. 5. Relationship to Adopted Plans, Guidelines or Other Regulations. 161
When the adopted Comprehensive Plan for the city, adopted plans for the development or 162
redevelopment of particular areas of the city or adopted design guidelines include policies 163
which impose limitations or requirements on the use or development of property generally or 164
for specific properties, which are more restrictive than those set forth in these zoning 165
regulations, including district regulations and use provisions, including policies which limit 166
the type or intensity of use of property, residential densities, or the height, setbacks, bulk, or 167
design of structures, or site design, the more restrictive limitations or requirements set forth in 168
such adopted guidelines or plans shall supersede the provisions of these zoning regulations. 169
When other use or development regulations are more restrictive than those set forth in these 170
zoning regulations, or in the case of conflict between specific provisions contained in these 171
zoning regulations, including regulations which limit the type or intensity of use of property, 172
residential densities, the height, setbacks, bulk, or that regulate site design, the more 173
restrictive regulations shall apply. Further, when the regulations within this Chapter are in 174
conflict with any corrective measures necessary in resolving chronic nuisance cases pursuant 175
to Chapter 15 of Part II. Code of Ordinances, the corrective measures shall control. 176
In interpretation and application of these Regulations, the provisions herein shall be held to 177
be the minimum requirements for the promotion of the public health, safety, morals and 178
general welfare of the community. It is not the intent of these Regulations to interfere with, 179
abrogate, or annul any easements, covenants, or other agreements between parties. However, 180
in instances when these Regulations imposes a greater restriction upon the use of buildings or 181
premises or upon the height of buildings, or requires larger open spaces than are imposed or 182
required by other ordinances, rules, regulations or by easements, covenants or agreements, the 183
provisions of these Regulations shall control; furthermore, these Regulations shall not be 184
construed to supersede any special act of the legislature relative to the subject matter of these 185
Regulations. If, because of error or omission in the zoning map, any property in the city is not 186
shown as being in a zoning district, the classification of such property shall be R-1-A single-187
family, unless changed by amendment to these Regulations. 188
189
190
SECTION 5. Codification and Reservation of Rights. This Ordinance shall be incorporated 191
into the Boynton Beach City Code. Any section, paragraph number, letter and/or any heading 192
may be changed or modified as necessary to effectuate the foregoing. Grammatical, 193
typographical and similar or like errors may be corrected, and additions, alterations, and 194
omissions not affecting the construction or meaning of this ordinance and the City Code may 195
be freely made. Adoption and codification of this ordinance does not waive the city's right to 196
contest or otherwise challenge the constitutionality validity, enforceability, and effectiveness 197
Page 1808 of 1829
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6
of the Act or any part thereof and the city hereby reserves the right to contest and otherwise 198
challenge the Act. 199
200
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, word or 201
provision of this ordinance is for any reason held invalid or unconstitutional by any court of 202
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 203
shall be deemed a separate, distinct and independent provision, and such holding shall not affect 204
the validity of the remaining portions of this ordinance. 205
206
SECTION 7. Conflicts. In the event of a conflict or conflicts between this Ordinance and 207
any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as 208
allowable under the law. 209
210
SECTION 8. Effective date. This Ordinance shall become effective immediately upon 211
adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply to all 212
existing and future applications for permits. 213
214
FIRST READING this ____ day of _________________, 2019. 215
216
SECOND, FINAL READING AND PASSAGE this _____ day of ____________, 217
2019. 218
219
CITY OF BOYNTON BEACH, FLORIDA 220
221
YES NO 222
223
Mayor – Steven B. Grant _____ _____ 224
225
Vice Mayor – Justin Katz _____ _____ 226
227
Commissioner – Mack McCray _____ _____ 228
229
Commissioner – Christina L. Romelus _____ _____ 230
231
Commissioner – Ty Penserga _____ _____ 232
233
234
VOTE ______ 235
ATTEST: 236
237
238
_____________________________ 239
Crystal Gibson, MMC 240
City Clerk 241
242
(Corporate Seal)243
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7
Page 1810 of 1829
Part II CODE OF ORDINANCES
CHAPTER 15. OFFENSES-MISCELLANEOUS
ARTICLE VIII. CHRONIC NUISANCE PROPERTY CODE
Sec. 15-115. Declaration of chronic nuisance; Corrective Action Plan.
(a) If a pattern of nuisance activity exists upon real property, the City may declare the
property to be a chronic nuisance property. The City's Declaration of Chronic Nuisance shall be
sent to the property owner by hand delivery or certified mail, return receipt requested, to the
address listed on the ad valorem tax roll. The City's Declaration of Chronic Nuisance constitutes
a Notice of Violation which, if unaddressed in an executed Nuisance Abatement Agreement,
may be prosecuted by the City before the City's Special Magistrate.
(b) Mailing to the property owner at the address listed on the ad valorem roll shall be prima
facie proof of delivery. Notice shall also be posted at the property where the nuisance activities
occurred. Removal of the posted Notice without written approval from the City is prohibited.
The Declaration of Chronic Nuisance shall be sent with at least the following information:
(1) A reference to chapter 15, article XIII (the "City of Boynton Beach Chronic Nuisance
Property Code");
(2) The address and parcel control number of the property;
(3) The dates that the nuisance activities occurred at the property;
(4) A description of the nuisance activities;
(5) A proposed Nuisance Abatement Agreement which outlines the corrective action to be
taken by the property owner to remedy the nuisance activity;
(6) A statement that the property owner's failure to enter into the Nuisance Abatement
Agreement within fifteen (15) days of the Declaration of Chronic Nuisance will result in a
violation of this article and further prosecution and
(7) A statement that the costs of any chronic nuisance services provided by the City to a
property that has been declared to be a Chronic Nuisance may be levied against the property as a
non-ad valorem assessment superior to all other private rights, interests, liens, encumbrances,
titles and claims upon the property and equal in rank and dignity with a lien for ad valorem taxes;
and
(8) A statement that unpaid assessments may be certified to the tax collector for collection
pursuant to the uniform method provided in F.S. § 197.3632.
(9) A warning that the posted notice cannot be removed except with written permission
from the City.
(c) A Nuisance Abatement Agreement shall set forth a Corrective Action Plan with specific
measures that the property owner must take to curtail or eliminate the reoccurrence of nuisance
activities at the property. The Nuisance Abatement Agreement shall contain a timetable for
Page 1811 of 1829
corrective action. The Corrective Action Plan may include abatement measures which must be
taken by the property owner such as:
(1) Commencement of an eviction action by the property owner pursuant to F.S. Chapter 83
to remove from the property those individuals engaged in the nuisance activity;
(2) Implementation of "crime prevention through environmental design" (CPTED)
measures;
(3) Frequency of site visits and inspections by the owner or owner's agents at various times
of both day and night;
(4) Hiring of property management;
(5) Hiring of private security;
(6) Installation of security cameras;
(7) Use of a written lease agreement which delineates prohibited tenant or tenant invitee
conduct;
(8) Criminal background checks for prospective tenants and lease renewals;
(9) The operator must post "no trespassing" signs at the property and execute a "no trespass
affidavit" authorizing the police department to act as an agent of the property owner to enforce
trespass statutes on the property;
(10) The operator must make regular requests to the police and fire departments for offense
and incident reports relating to the property. Reports are available through the records division;
(11) Written documentation of any and all efforts to curtail or eliminate the reoccurrence of
nuisance activities on the property;
(12) Other action that the City determines is reasonably sufficient to curtail or eliminate the
re-occurrence of nuisance activities on the property.
(d) The Corrective Action Plan may require measures that conflict with the Land
Development Regulations (LDR), Chapters 1 through 4. Where measures of the Plan conflict
with the LDR, the measures specified in the Plan shall control. Further, site plan review shall not
be required to implement the Corrective Action Plan.
(e) The City may agree to modify the proposed or finalized Nuisance Abatement Agreement
when the property owner demonstrates that modification will improve nuisance abatement
action.
(f) When a Nuisance Abatement Agreement is entered into, a memorandum of agreement
specifying the property address shall be recorded by the City in the official records of Palm
Beach County Florida.
(g) The City will periodically monitor the property to assure compliance for a period of one
(1) year following execution of the Agreement. If the property owner complies with the
Agreement, as determined by the City, the Declaration of Chronic Nuisance will be rescinded,
the City will issue and record a Notice of Compliance related to the Memorandum of Agreement
Page 1812 of 1829
that was previously recorded, and no further action by the property owner shall be required. The
City may require the property owner to enter into a new Agreement if a nuisance activity re-
occurs.
(h) If the City determines during the monitoring period that the Corrective Action Plan is not
adequate to curtail or eliminate the re-occurrence of nuisance activities on the property, the City
may require the property owner to revise the Corrective Action Plan. The determination as to
whether or not the Corrective Action Plan is adequate is in the sole and exclusive discretion of
the City, based on the totality of the circumstances for the specific property.
PART III LAND DEVELOPMENT REGULATIONS
CHAPTER 1. GENERAL ADMINISTRATION
ARTICLE I. GENERAL PROVISIONS
Sec. 8. Ordinances Not Affected by Regulation.
Nothing in this Regulation or the ordinance adopting this Regulation shall be construed to
repeal or otherwise affect the validity of any of the following when not inconsistent with this
Regulation:
A. Any ordinance promising or guaranteeing the payment of money for the city, or
authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness;
B. Any appropriation ordinance or ordinance providing for the levy of taxes or for a budget;
C. Any ordinance annexing territory to the cit y or excluding territory as a part of the city;
D. Any ordinance granting any franchise, permit or other right;
E. Any ordinance approving, authorizing, or otherwise relating to any contract, agreement,
ease, deed or other instrument;
F. Any administrative ordinance not inconsistent with this Regulation;
G. Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving,
widening, vacating or repairing any street or public way or lawfully established bulkheads or
bulkhead lines;
H. Any ordinance regulating, restricting or prohibiting traffic on particular streets or in
particular localities;
I. Any ordinance prescribing the street grades of any street in the city;
J. Any ordinance providing for local improvements or making assessments therefore;
K. Any ordinance dedicating or accepting any plat or subdivision in the city;
L. Any ordinance zoning or rezoning specific property;
M. Any ordinance providing for the compensation of officers and employees; and
Page 1813 of 1829
N. Any temporary or special ordinance.
O. Any ordinance establishing or amending the Chronic Nuisance Property Code including
requirements necessary to implement corrective actions, regardless of conflict.
All such ordinances are hereby recognized as continuing in full force and effect to the same
extent as if set out at length herein.
PART III LAND DEVELOPMENT REGULATIONS
CHAPTER 3. ZONING
ARTICLE I. OVERVIEW
Sec. 5. Relationship to Adopted Plans, Guidelines or Other Regulations.
When the adopted Comprehensive Plan for the city, adopted plans for the development or
redevelopment of particular areas of the city or adopted design guidelines include policies which
impose limitations or requirements on the use or development of property generally or for
specific properties, which are more restrictive than those set forth in these zoning regulations,
including district regulations and use provisions, including policies which limit the type or
intensity of use of property, residential densities, or the height, setbacks, bulk, or design of
structures, or site design, the more restrictive limitations or requirements set forth in such
adopted guidelines or plans shall supersede the provisions of these zoning regulations.
When other use or development regulations are more restrictive than those set forth in these
zoning regulations, or in the case of conflict between specific provisions contained in these
zoning regulations, including regulations which limit the type or intensity of use of property,
residential densities, the height, setbacks, bulk, or that regulate site design, the more restrictive
regulations shall apply. Further, when the regulations within this Chapter are in conflict with any
corrective measures necessary in resolving chronic nuisance cases pursuant to Chapter 15 of Part
II. Code of Ordinances, the corrective measures shall control.
In interpretation and application of these Regulations, the provisions herein shall be held to be
the minimum requirements for the promotion of the public health, safety, morals and general
welfare of the community. It is not the intent of these Regulations to interfere with, abrogate, or
annul any easements, covenants, or other agreements between parties. However, in instances
when these Regulations imposes a greater restriction upon the use of buildings or premises or
upon the height of buildings, or requires larger open spaces than are imposed or required by
other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of
these Regulations shall control; furthermore, these Regulations shall not be construed to
supersede any special act of the legislature relative to the subject matter of these Regulations. If,
because of error or omission in the zoning map, any property in the city is not shown as being in
a zoning district, the classification of such property shall be R-1-A single-family, unless changed
by amendment to these Regulations.
Page 1814 of 1829
12.E.
L E GA L
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: P R O PO SE D O R D IN AN C E N O. 19-042 - S E C O N D
R E AD IN G - A pproving the partial abandonment of three (3) separate platted utility easements within the
Cortina P UD plat, as part of the Alta Cortina project development, located at 1100 Audace Avenue, in
Boy nton Village and Town Center. Applicant: Henry Pino, ALTA Boy nton L L C .
E X P L AN ATIO N O F R EQ U E S T:
J eff Hodapp of P erimeter Surveying & Mapping, on behalf of Henry Pino of A LTA Boynton L LC, is
requesting abandonment of a portion of three (3)separate platted utility easements within the C ortina P UD
plat, as they contain no utilities, and adversely impact the development of the site.
Utility Easement "A " is located near the NE corner of the site and the abandonment request is for the west 14
feet of the 12 foot wide sanitary easement (as depicted on Exhibit "B") and further described in Exhibit "C".
Utility Easement "B " is located near the S W corner of the site, on the north side of Audac e Avenue, and the
abandonment request is for the east 7.62 feet of the 12 foot wide water easement (as depic ted on Exhibit "B")
and further described in Exhibit "D".
Utility Easement "C" is loc ated near the S E c orner of the site, on the south side of Audace Avenue, and the
abandonment request is for the entire 10.68 foot by 12 foot wide water easement (as depic ted on Exhibit "B")
and further described in Exhibit "E".
As these easements are under the jurisdiction of the City 's Utility Department, Utility staff has reviewed the
requests and rec ommends their abandonment. The other public utility companies were also c ontac ted, and
responded with "no objec tions".
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S? N/A
F IS C AL IMPAC T: N/A
ALT E R N ATIV E S: None recommended.
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N: N/A
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N: N/A
Page 1815 of 1829
Is this a grant?
G rant Amount:
AT TAC H ME N TS :
Type Desc ription
Ordinanc e Ordinance approving abandonment of three Utility
easements
Exhibit Exhibit A - Loc ation Map
Drawings Exhibit B - Overall Utility Easement Map
Exhibit Exhibit C - Utility E asement A
Exhibit Exhibit D - Utility E asement B
Exhibit Exhibit E - Utility Easement C
Page 1816 of 1829
{00338008.1 306-9001821} S:\CA\Ordinances\Abandonments\Abandonment of Utility Easement (ALTA) (00338008xC4B6A).DOCX
ORDINANCE NO. 19- 1
2
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3
FLORIDA, APPROVING THE PARTIAL ABANDONMENT OF 4
THREE (3) SEPARATE PLATTED UTILITY EASEMENTS 5
WITHIN THE CORTINA PUD PLAT, AS PART OF THE ALTA 6
CORTINA PROJECT DEVELOPMENT, LOCATED AT 1100 7
AUDACE AVENUE, IN BOYNTON VILLAGE AND TOWN 8
CENTER; AUTHORIZING THE CITY MANAGER TO 9
EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED 10
WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF 11
PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN 12
EFFECTIVE DATE. 13
14
WHEREAS, ALTA Boynton LLC, is requesting abandonment of a portion of three 15
(3) separate platted utility easements within the Cortina PUD plat as depicted in Exhibits 16
“A” and “B” attached hereto; and 17
18
WHEREAS, the three (3) utility easements located within the Cortina PUD plat 19
contain no utilities, and adversely impact the development of the site; and 20
21
WHEREAS, comments have been solicited from the appropriate City 22
Departments, and public hearings have been held before the City Commission on the 23
proposed abandonment; and 24
25
WHEREAS, staff finds that the subject partial abandonments serve a greater public 26
purpose, and therefore recommends approval of the applicant’s request. 27
28
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29
THE CITY OF BOYNTON BEACH, FLORIDA THAT: 30
31
Section 1. The foregoing whereas clauses are true and correct and incorporated 32
herein by this reference. 33
34
Section 2. The City Commission of the City of Boynton Beach, Florida, does 35
hereby abandon a portion of three (3) separate platted utility easements within the Cortina 36
PUD plat, as part of the Alta Cortina project development, located at 1100 Audace Avenue, 37
in Boynton Village and Town Center. The property being abandoned is more particularly 38
described as follows: 39
40
Utility Easement A: See Attached Exhibit “C” 41
42
Utility Easement B: See Attached Exhibit “D” 43
44
Utility Easement C: See Attached Exhibit “E” 45
46
47
48
49
Page 1817 of 1829
{00338008.1 306-9001821} S:\CA\Ordinances\Abandonments\Abandonment of Utility Easement (ALTA) (00338008xC4B6A).DOCX
Section 3. The City Manager is hereby authorized and directed to execute the 50
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 51
Records of Palm Beach County, Florida. 52
53
Section 4. This Ordinance shall take effect immediately upon passage. 54
55
56
FIRST READING this ____ day of , 2019. 57
58
59
SECOND, FINAL READING AND PASSAGE THIS _____day of _______, 2019. 60
61
62
63
CITY OF BOYNTON BEACH, FLORIDA 64
65
YES NO 66
67
Mayor – Steven B. Grant _____ _____ 68
69
Vice Mayor – Justin Katz _____ _____ 70
71
Commissioner – Mack McCray _____ _____ 72
73
Commissioner – Christina L. Romelus _____ _____ 74
75
Commissioner – Ty Penserga _____ _____ 76
77
VOTE ______ 78
79
ATTEST: 80
81
82
_____________________________ 83
Crystal Gibson, MMC 84
City Clerk 85
86
87
(Corporate Seal) 88
Page 1818 of 1829
{00338008.1 306-9001821} S:\CA\Ordinances\Abandonments\Abandonment of Utility Easement (ALTA) (00338008xC4B6A).DOCX
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of
Boynton Beach, Florida, does hereby abandon a portion of three (3) separate platted utility easements
within the Cortina PUD plat, as part of the Alta Cortina project development, located at 1100 Audace
Avenue, in Boynton Village and Town Center. The property being abandoned is more particularly
described as follows:
Utility Easement A: See Attached Exhibit “C”
Utility Easement B: See Attached Exhibit “D”
Utility Easement C: See Attached Exhibit “E”
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach,
Florida, have hereunto set their hands and affixed the seal of the City this ____ day of
______________, 2019.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
___________________ _____________________________
Crystal Gibson, MMC Lori LaVerriere, City Manager
City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere, City Manager
of the City of Boynton Beach, Florida, known to me to be the person described in and who executed
the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as
such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal
of said corporation; and that said instrument is the act and deed of said corporation.
WITNESS my hand and official seal in the said State and County this _____ day of
________________, 2019.
_____________________________
NOTARY PUBLIC, State of Florida
My Commission Expires:
Page 1819 of 1829
Sav a n n a h L ake s D r
Cabrera DrRenai
ssance Commons Bl
vdSa gr ada Ave Moneda StC ris to W a y
R o m a n o W a yC o r t in a B lv d
N Congress AveCabr
er
a Dr Cortina BlvdRenai
ssance Commons Bl
vdC ris to W a y
Co r t i na Bl vd
µ
0 130 260 390 52065Feet
LOCATION MAP EXHIBIT A
SITE
Page 1820 of 1829
Page 1821 of 1829
Page 1822 of 1829
Page 1823 of 1829
Page 1824 of 1829
Page 1825 of 1829
Page 1826 of 1829
Page 1827 of 1829
13.A.
F UTURE A GE ND A I TE MS
12/3/2019
CITY OF BOY NT ON BEACH
AGENDA IT EM REQUEST F ORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N: Sale of City parc el on NE 4th Street to Boy nton C RA -
December 17, 2019
E X P L AN ATIO N O F R EQ U E S T:
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
F IS C AL IMPAC T:
ALT E R N ATIV E S:
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N:
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant?
G rant Amount:
Page 1828 of 1829
13.B .
FUTURE A GE ND A I TE MS
12/3/2019
CI TY OF BOY NTON BEACH
AGENDA I TEM REQUEST FORM
C O MMIS S IO N ME ET IN G D AT E: 12/3/2019
R E Q U E S TE D AC T IO N B Y C O MMIS S IO N:
Quarterly Census updates by Laura Lansburgh, Marketing Manager:
December 17, 2019
February 18, 2020
E X P L AN ATIO N O F R EQ U E S T:
H O W W IL L T H IS AFF E C T C IT Y P R O G R AMS O R SERV IC E S?
F IS C AL IMPAC T:
ALT E R N ATIV E S:
S T R AT E G IC P LAN:
S T R AT E G IC P LAN AP P LIC AT IO N:
C L IMAT E AC T IO N: N o
C L IMAT E AC T IO N D ISC U S S IO N:
Is this a grant? No
G rant Amount:
Page 1829 of 1829