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Agenda 02-04-20 The City of 4, Boynton Beach City Commission Agenda Tuesday, February 4, 2020, 5:30 PM Intracoastal Park Clubhouse 2240 N. Federal Highway Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. Kim t www.boynton-beach.org Page 1 of 167 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes. • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit- Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off or silence all cellular phones while the City Commission Meeting is in session. City Commission meetings are held in the Intracoastal Park Clubhouse, 2240 N. Federal Highway, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 5:30 p.m. (Please check the Agenda Schedule- some meetings have been moved due to Holidays/Election Day). Page 2 of 167 1. Openings A. Call to Order- Mayor Steven B. Grant Invocation - Pastor Randy Patterson, Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Ty Penserga Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by Members of the City Commission 3. Announcements, Community And Special Events And Presentations A. Announcement by Assistant Recreation & Parks Director Kacy Young about Oceanfront Bark, which will be held at Oceanfront Park on Saturday, February 22, from 9 A.M. to 12 noon. B. Proclaim February 11-17, 2020 as 2-1-1 Awareness Week. Sharon L'Herrou, 211's President/CEO, will accept the proclamation. C. Proclaim Friday, February 7, 2020 as Robert E. Wells Day. Minister Bernard Wright will accept the proclamation. D. Proclamation recognizing February as African American History Month. E. Announcement by Greater Boynton Beach Foundation Board Member Lori Wilkinson about the 5th Annual Joe DiMaggio Children's Hospital Magic Wheels & Special deals event on Thursday, February 6 and the 8th Annual Barrier Free 5k Run, Walk& Roll on Saturday, February 8. F. Early Voting for the March 17, 2020 Presidential Preference Primary and Municipal Election will begin on Saturday, March 7, 2020 and will continue through Sunday, March 15, 2020. The Early Voting hours are from 10:00 a.m. until 6:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. A listing of Early Voting locations throughout Palm Beach County is available at the following website: https://www.pbcelections.org/Voters/Early- Voting. G. Closed-door session to be had at 6:30 p.m., or as soon thereafter immediately following the City Commission Meeting, in the Conference Room at Intracoastal Park Clubhouse to discuss the case: Renette Jean-Baptiste on behalf of Kevens Jean-Baptiste, a minor, Plaintiff, vs. Germaine Jones, and City of Boynton Beach, Defendants — Case Number: 9:18-cv 80740- Altman/Brannon, US District Court for the Southern District of Florida 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative Page 3 of 167 A. Approve the request of Commissioner McCray to distribute $1,000 of his Community Support Funds to Connect To Greatness, Inc. B. Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. C. By consensus, allow Commissioner Penserga to participate on the Boynton Beach Opportunity Zones Task Force as a City representative. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for February 4, 2020 - "Request for Extensions and/or Piggybacks." B. Accept surtax capital project status report for 1st quarter of fiscal year 2019-20 - October through December 2019. C. Approve Task Order UT-1C-05 with Carollo in the sum of $73,600.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C executed on August 22, 2018 for the Community Rating System (CRS) Support Services for the upcoming Verification Process. D. Proposed Resolution No. R20-013- Establishing the goal of zero traffic fatalities on the City of Boynton Beach roadways; adopting Vision Zero as a policy for road and traffic safety for the City; and providing for an effective date. E. Proposed Resolution No. R20-014- Authorize the City Manager to sign an Interlocal Agreement with the Board of Commissioners, Palm Beach County, for the use of EMS Grant Funds for Emergency Medical Services Equipment for purchase of one (1) large Narcotic Security box and one (1) small Narcotic Security box. The purchase will be made through CompX Security Products, Grayslake I L. F. Approve minutes from the City Commission meeting on January 21, 2020. 7. Consent Bids and Purchases Over$100.000 8. Public Hearing - None 9. City Manager's Report - None 10. Unfinished Business - None 11. New Business A. Proposed Resolution No. R20-015- Designate a Canvassing Board for the March 2020 Municipal Election. 12. Legal A. Proposed Ordinance No. 20-003 - First Reading - Approve proposed amendments to Chapter 18, Article IV, Pensions for Firefighters; amending Sections 18-180 and 18-182; creating Section 18-194; and renumbering Section 18-222 as Section 18-194. 13. Future Agenda Items A. Discuss Local Septic Tank Inspection Program- February 18, 2020 B. Discuss purchase and sale agreement for Nichols property - February 18, 2020. Page 4 of 167 C. Approve proposed amendments to IPUD, Infill Planned Unit Development zoning district (CDRV 20-001) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions and Article I 11. Relationship to Comprehensive Plan; and (2) Chapter 3. Zoning, Article 1. Overview, Article 111. Zoning Districts and Overlays, Article IV. Use Regulations and Article V. Supplemental Regulations, to establish I PUD as a zoning district corresponding to the High Density Residential (HDR) Future Land Use classification, and to eliminate R-4, Multi Family district from the list of residential zoning districts. Applicant: City- initiated. - February 18, 2020 D. Mayor Grant would like to invite the Central Palm Beach Chamber to a future Commission meeting to discuss their membership benefits- March 3, 2020 14. Adjournment Notice lfa person decides to appeal to any decision made by the City Commission with respect to any matter considered at this moeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.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 ofa service,programa or activity conducted by the city.Please contact the City Clerk's office,(561)742- 6060 or(TT)�1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication ofteh 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 fromthe office ofthe City Clerk Page 5 of 167 1.A. OPENING ITEMS 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Call to Order- Mayor Steven B. Grant Invocation - Pastor Randy Patterson, Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Ty Penserga Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Non-budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Page 6 of 167 2.A. OTHER 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Informational items by Members of the City Commission Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 7 of 167 3.A. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Announcement by Assistant Recreation & Parks Director Kacy Young about Oceanfront Bark, which will be held at Oceanfront Park on Saturday, February 22, from 9 A.M. to 12 noon. Explanation of Request: The Recreation & Parks Department welcomes well behaved dogs to "paw ty" on the beach. Dogs will be allowed off leash on the beach and in the water. Dogs will be required to stay within the temporary fencing installed at the south end of the beach. Dogs must be appropriately licensed and will be asked to leave the park if acting aggressively. How will this affect city programs or services? No affect. Fiscal Impact: Non-budgeted None. Sponsor provides give-aways. Alternatives: Do not make announcement. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 8 of 167 3.B. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Proclaim February 11-17, 2020 as 2-1-1 Awareness Week. Sharon L'Herrou, 211's President/CEO, will accept the proclamation. Explanation of Request: 211 is a community helpline and crisis hotline that provides suicide prevention, crisis intervention, information, assessment, and referral to community services for people of all ages. Individuals and families living in Palm Beach County, can call 2-1-1 to speak with a highly trained resource specialist. Calls to 211 Helpline are free, confidential, and 24/7. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Not to proclaim February 9-15, 2020 as 2-1-1 Awareness Week. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation 2-1-1 Helpline Proclamation Page 9 of 167 e a a, Proelamention WHEREAS,many times people need help in meeting life's basic needs; and WHEREAS, they may experience times of crisis and are not sure where to turn... 2-1-1 HelpLine is that central access point providing people of all walks of life the guidance and support they need;and WHEREAS,with nearly 4,500 requests for help from Boynton Beach residents last year; calls to 2-1-1 are free, confidential,24/7,with text messaging and online chat also available;and WHEREAS, 2-1-1 also has specialized advocacy and support programs that include The Special Needs HelpLine, Help Me Grow catching children's developmental delays early, Elder Crisis Outreach; and WHEREAS, 2-1-1's life-saving "Sunshine" Daily Telephone Reassurance calls continue to brighten the lives of local seniors;and WHEREAS, 2-1-1's newest program, My Florida Veterans, provides peer-to-peer support and helps to readjust,providing linkages to services for veterans and their families. NOW,THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach,hereby proclaim February 11-17th 2020 as: 2-1-1 Awareness Week in the City of Boynton Beach, and urge all citizens to be aware that if they are overwhelmed and in crisis or just need to talk...211 is available any time of day or night. 211 staff can also provide referrals for Mental Health Counseling, Substance Abuse, Health Care, Employment, Food Assistance, Day Care, Support Groups, Volunteering, VITA free income tax preparation and so much more. IN WITNESS WHEREOF, I hereunto set my hand and cause the official seal of the City of Boynton Beach, Florida, to be affixed this 4th day of February, 2020. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.C. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Proclaim Friday, February 7, 2020 as Robert E. Wells Day. Minister Bernard Wright will accept the proclamation. Explanation of Request: Robert E. Wells is a significant figure in Boynton's history and deserves this special recognition. Mr. Wells settled in Boynton Beach in 1890 and raised his family in the city. He helped found the oldest church in the City - St. Paul's AME Church; was a petitioner for the provision of the first black/African American school; and platted the Robert Wells subdivision in 1925. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation Robert E. Wells Day Proclamation Page 11 of 167 Proclamation WHEREAS,Mr. Robert E.Wells,a merchant sailor from Cat Island in the Bahamas,settled in Boynton in 1890 where he and his wife,Elizabeth,raised one son,Harry. WHEREAS, in 1892, Robert and Elizabeth Wells helped found St. Paul's African Methodist Episcopal Church. Officially established in 1900,St. Paul's AME is the oldest church in the city. WHEREAS, in 1896, Mr. Wells, and other members of St. Paul's AME, successfully petitioned Dade County School Board to provide a school for Boynton's black/African American children. Originally called "Boynton Colored School",it later became known as "Poinciana Elementary." WHEREAS, On April 14, 1920, Mr. Wells was a signatory of the document incorporating Boynton as a town; however,the land owned by him and the rest of the historic Heart of Boynton was not recognized in the incorporation and was called`Boynton Colored Town." WHEREAS,in 1925,Mr.Wells platted the Robert Wells Subdivision. He built the main thoroughfare in the historic Heart of Boynton called Wells Avenue (now known as Martin Luther King Junior Boulevard) and built a home at number 416. In addition to selling land and building houses, Mr. Wells donated lots to those in need,including St. Paul's AME for the building of a church. In time,Wells Avenue became a thriving downtown area for the black/African American community. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the 7 h of February,Two Thousand Twenty as: Robert E. Wells Day IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the 4,h day of February,Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.D. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Proclamation recognizing February as African American History Month. Explanation of Request: Mayor Grant has requested a proclamation to recognize African American History Month. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation for African American History Month Page 13 of 167 9 Proclamation WHEREAS, African American History Month affords an annual opportunity to become more knowledgeable about African American heritage,and to honor the many African American leaders who have contributed to the progress of our nation;and WHEREAS, such knowledge can strengthen the insight of all our citizens regarding the issues of human rights,the great strides that have been made in the crusade to eliminate the barriers of equality for minority groups,and the continuing struggle against racial discrimination and inequity;and WHEREAS, we recognize and acclaim the pivotal work of Hiram Rhodes Revels, the first African American appointed and seated as a U.S. Senator on February 25, 1870 for Mississippi. He was assigned to the Committee for Education and Labor and pursued to abolish segregation statutes, provided the necessary political capital to reinstate the elected African American legislators in Georgia, and sought amnesty to former Confederates who swore loyalty to the Union;and WHEREAS, Mr. Revels became the first President of the oldest historically black land-grant institution,Alcorn University,to further his mission in education for African Americans;and WHEREAS, as we journey toward a more united nation, let us use this commemoration of African American History Month to serve as a reminder of the need for meaningful dialogue and shared commitment to actions that uplift and empower all. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do recognize the month of February,Two Thousand Twenty as: AFRICAN AMERICAN HISTORY MONTH and I urge residents to join together in this period of rededication to the principles of justice and equality for all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach,Florida,to be affixed at Boynton Beach Florida,the 41h day of February,Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.E. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Announcement by Greater Boynton Beach Foundation Board Member Lori Wilkinson about the 5th Annual Joe DiMaggio Children's Hospital Magic Wheels & Special deals event on Thursday, February 6 and the 8th Annual Barrier Free 5k Run, Walk& Roll on Saturday, February 8. Explanation of Request: The Recreation & Parks Department is hosting the 5th Annual Magic Wheels & Special Deals event, which is being sponsored by Joe DiMaggio Children's Hospital. The event will be held at Barrier Free Park (3111 S. Congress Avenue) on Thursday, February 6, beginning at 6 P.M. Several local organizations and vendors representing and supporting individuals with special needs will be participating. The highlight of the evening will be the unveiling of the Magic Wheelchair, which this year is being built for Amir Diejuste, a six year old boy who was diagnosed with cerebral palsy when he was two. Despite his physical restrictions, he remains cheerful, playful and eager to learn. On Saturday, February 8, beginning at 7:30 A.M., the Department is again partnering with the Broward, Palm Beaches& St. Lucie Realtors and the Greater Boynton Beach Foundation to host the 8th Annual Barrier Free 5k Run, Walk& Roll. How will this affect city programs or services? No affect. Fiscal Impact: Budgeted Funds to cover the costs are included in the Department budget and offset by sponsor contributions. Alternatives: Do not make the announcement Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 15 of 167 3.F. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Early Voting for the March 17, 2020 Presidential Preference Primary and Municipal Election will begin on Saturday, March 7, 2020 and will continue through Sunday, March 15, 2020. The Early Voting hours are from 10:00 a.m. until 6:00 p.m. daily at the Ezell Hester Community Center located at 1901 North Seacrest Boulevard. A listing of Early Voting locations throughout Palm Beach County is available at the following website: https://www.pbcelections.org/Voters/Early-Voting. Explanation of Request: In cooperation with the Palm Beach County Supervisor of Elections, the Ezell Hester Community Center will be an Early Voting location. This location is available to all citizens within Palm Beach County. How will this affect city programs or services? There will be no effect on City programs or services. Fiscal Impact: Alternatives: The alternative would be to not cooperate with the Palm Beach County Supervisor of Elections in this effort to provide additional opportunities for our citizens to cast their votes. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 16 of 167 3.G. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Closed-door session to be had at 6:30 p.m., or as soon thereafter immediately following the City Commission Meeting, in the Conference Room at Intracoastal Park Clubhouse to discuss the case: Renette Jean-Baptiste on behalf of Kevens Jean-Baptiste, a minor, Plaintiff, vs. Germaine Jones, and City of Boynton Beach, Defendants—Case Number: 9:18-cv-80740-Altman/Brannon, US District Court for the Southern District of Florida Explanation of Request: The City Attorney has requested a private attorney-client session of the City Commission to discuss pending litigation: Renette Jean-Baptiste on behalf of Kevens Jean-Baptiste, a minor, Plaintiff, vs. Germaine Jones, and City of Boynton Beach, Defendants—Case Number: 9:18-cv-80740-Altman/Brannon, US District Court for the Southern District of Florida In attendance will be the City Attorney James Cherof along with Assistant City Attorney Gal Betesh, Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 30 minutes. How will this affect city programs or services? N/A Fiscal Impact: Budgeted The cost of a court reporter. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 17 of 167 Page 18 of 167 5.A. ADMINISTRATIVE 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Approve the request of Commissioner McCray to distribute $1,000 of his Community Support Funds to Connect To Greatness, Inc. Explanation of Request: Commissioner McCray requests to distribute $1,000.00 of his Community Support Funds to Connect To Greatness, Inc. Connect To Greatness empowers African-American boys to re-imagine their reality and become change makers in the world. The funding will be used for the Boys to Men Leadership Academy which is a 15-week program that helps build character in the youth. How will this affect city programs or services? N/A Fiscal Impact: Budgeted Community Support Funds of$2,000 for each Commission member were approved in the Fiscal Year 2020 budget. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Community Support Funds Request Form Page 19 of 167 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 02/04/2020 Requested by Mayor/Commissioner:. Commissioner McCray Amount Requested $1,000 Recipient/Payee: Connect To Greatness, Inc. Description of project, program, or activity to be funded: Connect to Greatness Empowers African –American Boys to re-imagine their reality and become change makers in the world. TheLeadership Academy is a 15 week program, which hellSbuild character in the youth. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $a(., DOD The balance of funds available for the requesting Member of the Commission is $ 1, Dao Accordingly: " There are funds available as requested There are insufficient funds available as requested Dated: ,""'City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City__ The public purpose is beneficial to the entire c iy s ed y"such donation Dated: K "" � .. —rte _ �kquegdng f: .. . ` mbe(of th ity Commis ion S:\CC\WP\COMMUNITY INVESTMENT FUNDS\Community_Support_Funs_Policy.2015.doc Page 20 of 167 GREATNESS, Empowering African-American Boys to rima their y and become changernakers in the world. Boys to Men Leadership Academy The Boys to Men Leadership Academy is a 30-week program with weekly 90-minute sessions. These self-discovery sessions include simulation learning experiences and solution-focused dialog around relevant, real-time issues impacting African-American/Black boys in school,the community and at home. These sessions engage community leaders such as the Mayor, Superintendent, Police Chief, dads, and business owners as part of building the foundation of support for our youth. In addition,we have men serving as "coaches"/mentors to educate, inspire and motivate male youth in the area of social responsibility, leadership, and character development. In the Boys to Men Leadership Academy,we expect the following concrete results: 1) 100%of our male youth will be promoted to the next grade; 2) 100%of our male youth will NOT enter into the juvenile justice system and 3) 90%of our male youth will graduate successfully from the 30-week program. We have a total of 22 young men and 10 are 8th grade boys who have been in the program for three years. Connect to Greatness, Inc. has started our "2024 Scholarship"fund. We are seeking to fundraise $100,000 to help support the college needs of the initial 10 young boys who started the program as 6th graders in 2016.These funds will also provide for academic support such as tutoring,SAT&ACT Prep courses which can range from $2100 to$3500 per. We appreciate and honor all donations for Connect to Greatness, Inc. We have a program budget of about$33,500 per year and it has been a bit tough to store money for the scholarship fund as well. We are determined and dedicated to reach our$100,000 goal. Sincerely Yours, Andre Thaddies Vice-President, Connect to Greatness, Inc. Page 21 of 167 CONNECT TO GREATNESS, INC. Boys to re-irnagine their realfty and becotne charige fnakerz;,in the vvorld. Boys to Men Leadership Academy 15-week program 1) Cultural Awareness: 2 weeks to establish "who we are", "who the students are" and "who do they want to be". Lay the groundwork from the historical perspective of young black men in crisis....being"invisible Men". Educate the group on a large percentage of negative consequences that is keeping black males in crisis. • A pervasive negative entertainment culture. • Racism • Fatherlessness • Multi-generational poverty which leaves families without tools to make a change. Weeks 1 and 2 will comprise of discussions, literature, speakers, and open forums to focus on these aspects and their meanings and relevance to each of their lives. We will provide simple examples, statistics, and other data that shows they are just as likely to be "Successful"than to continue'being invisible black men. (August 241h&August 315th. 11) See and be LggdershiR: 2 weeks to help create a vision for these young men to see themselves as potential or continued leaders. Practice saying what they feel and asking for what they need and want using"I" messages. Start with sharing and learning about images and messages from both past and present black males leaders in our society.Analyze and identify what does being a leader means to them. • Communicating Clearly • Assertiveness Techniques • Exploring Their Options Weeks 3 and 4 will continue to build the foundation of growth and knowledge of self for each of these young men. Bring in dynamic black male leaders from the community to show these young men how and why being a leader is so important for them to strive to be. Ex. Male Principals, politicians, athletes, businessmen, and Clergy can and will be used to share the broad message and opportunities to these young men. (September 3rd&SeRLqmber 14th). wvvhq,Co n,nect2greii t�%ess.com Pho��e. `�S61_502,0504, EmaPr, Page 22 of 167 CONNE, T r GR ANT ESMi. INC. 111) Mental Health Awareness: 1 week topic to address the need for understanding the importance of being mentally healthy.Awareness of the prolific neglect of mental health support in the African —American community. Week 5 (September 17tn . IV) Social Interaction Skills: 1 week focus on understanding and improving Social Interaction dynamics in your environment. • Self-Control • Expressing Your Feelings • Ways to Keep You From Losing Control of Your Feelings. Week 6 fSeptember 21s ). V) Keepin it Clean and Fresh: 1 week focus on hygiene and appearance. Identify the physical changes that comes along with puberty and how as young black boys, it is so important to present yourself accordingly. • Proper Dress • Diet and Exercise • Shaving and Grooming Week 7 (September 2811 . VI) Speak on Your Feet: 2 week focus on the importance of Public Speaking.Teach basic speaking fundamentals and engage in a series of debate style communications. Emphasize the importance of engaging in dialogue that may involve differences in opinion and how to best deliver your thoughts with effective narrative words. • Debate Techniques • Listening First • Choice of Vocabulary • Ebonics vs King's English Week 8 and 9 (October Stn&gtn . 6'a�`o&na,e, 56L5,1310504 Page 23 of 167 o�a to re-innagirwe their r ality and become change in bhe 'o 1d. VII) Financial Literacy: 3 week focus on the early importance of Financial Empowerment and Education. Fundamental knowledge of understanding and maneuvering in our Capitalistic society. • Saving and Investing • Entrepreneurship • Needs vs.Wants • Job Skills Weeks 10, 11,and 12 will educate these young men on true access to what is needed to survive and thrive in a financial world that is built around having"knowledge" of the system. (October 121h, 19th& Z?!! . VIII) Community Awareness:_1 week of learning about the historical importance of their community. Week 13. (October 26th. IX) Community Service Learning Project: 2 weeks of actual real life experience using their training.Through our partnership efforts,we will allow for field-trip like experiences for the young men to see and feel these opportunities that they will have in life. Weeks 14 and 15. November 2fd&9th). This curriculum is for the first year of the Boys to Men Leadership Academy.The first cohort of 61h graders will complete this 15 session academy and move to 2.0 after the second semester and spend more time with their coaches.The second group of 6th graders will be selected Mid November and will start the program in January after the holiday break using the same 15 week curriculum. Page 24 of 167 5.B. ADMINISTRATIVE 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. How will this affect city programs or services? Appointments are necessary to keep our Advisory Boards full and operating as effectively as possible. Fiscal Impact: Non-budgeted Non-budgeted. None. Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Appointments and Applicants for February 4, 2020 Page 25 of 167 Appointments and Applicants for February 4, 2020 Building Board of Adjustments and Appeals IV Penserga Alt 2 yr term to 12/20 (Tabled 3) Mayor Grant Alt 2 yr term to 12/21 (Tabled 3) I Katz Reg 2 yr term to 12/21 (Tabled 2) II McCray Reg 2 yr term to 12/21 (Tabled 2) Applicants: None Education and Youth Advisory Board Mayor Grant STU 2 yr term to 12/21 (Tabled 3) I Katz STU NV 2 yr term to 12/21 (Tabled 2) Applicants: None Historic Resources Preservation Board Mayor Grant Alt 2 yr term to 12/20 (Tabled 2) I Katz Reg 2 yr term to 12/21 (Tabled 2) II McCray Reg 2 yr term to 12/21 (Tabled 2) III Romelus Alt 2 yr term to 12/21 Applicants: None Library Board II McCray Reg 2 yr term to 12/21 (Tabled 2) III Romelus Reg 2 yr term to 12/21 (Tabled 2) IV Penserga Reg 2 yr term to 12/20 (Tabled 2) Mayor Grant Alt 2 yr term to 12/21 (Tabled 2) 1 Katz Alt 2 yr term to 12/20 (Tabled 2) Applicants: None Senior Advisory Board 11 McCray Reg 2 yr term to 12/20 (Tabled 3) III Romelus Reg 2 yr term to 12/21 (Tabled 2) IV Penserga Alt 2 yr term to 12/21 (Tabled 2) Applicants: None Page 26 of 167 5.C. ADMINISTRATIVE 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: By consensus, allow Commissioner Penserga to participate on the Boynton Beach Opportunity Zones Task Force as a City representative. Explanation of Request: The Tax Cuts and Jobs Act of 2017 sets forth a process for the designation of Opportunity Zones and the establishment of tax incentives for investors in Opportunity Funds. The provision is designed to spur investment in low-income communities. In response, City staff has acted to promote the existence of its two Opportunity Zones. On January 7, 2020, there was Commission consensus to have an Opportunity Zones Task Force, an ad hoc committee that includes members of the community. The Task Force will act as a source of information and expertise from a broader range of stakeholders. How will this affect city programs or services? The Task Force enhances the City's Opportunity Zone outreach strategy. Fiscal Impact: N/A Alternatives: Appoint another City representative to the Task Force. Strategic Plan: Building Wealth in the Community Strategic Plan Application: The strategy is designed to spur investment in low-income communities. Climate Action: No Climate Action Discussion: N/A Is this a grant? Grant Amount: Page 27 of 167 6.A. Consent Agenda 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities as described in the written report for February 4, 2020 - "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM EXTREME PEST REMOVAL AND Palm Beach County February 22, $8,000 CONTROL, INC. DISPOSAL OF Piggyback Bid No. 2020 ANIMAL REMAINS 700089RA Thru February 21, 2021 PROPERTY REGISTRATION RFI No. 001-2019 March 1, 2020 Revenue REGISTRATION AND MONITORING Thru Generating CHAMPIONS, LLC SERVICES OF February 28, Contract- VACANT, 2021 $31,850 YTD... ABANDONED, AND $100,000 FORECLOSED Projected PROPERTY Annual Estimate. How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Page 28 of 167 Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Renewal Interest Letter Signed ® E)dreme Pest Control I ne D Addendum Renewal Request Signed ® Property Registration Champions, LLC D Addendum REQUEST—FOR—BID—EXTENSIONS-2-4- 20—EM Page 29 of 167 _�#La rA&t�tA �P2� Finance/Procurement Services P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX: (bbl j l42-bjl b January 14, 2020 in. PIGGYBACK OF Palm Beach County - DISPOSAL SEE2WES DECEASED ANIMALS (ROADSIDE) Ron Ki . 7nnnstaRr_ Agreement between the City of Boynton Beach and Extreme Pest Control, Inc.: PAK1T06f`T RGRIGW®1. TERRA- j=qZ= A0y?q_ Wn9n— =DIIADV 7!_ 9A94 n Yes, I agree to renew the existing_ agreement under the same terms, conditions, and p ricin q for an additional one-year term. No, it do not wish to renew thebid for the following reason(s) Extreme Pest Control, Inc A 1L 1W !•1r e_'f-- !_T_ A"T'I% TITS !IA!!r fAR- l-T l-A___ _k _ 'please print" n A ,Ar-arA rtr Mt x -rr: r_ M1l 1f klr cl! :e Tr - = -- ' — Amvrir n'c(,ntolnlnv to the('iilf C'tronm Page 30 of 167 �iA L L, B V3 t.Y if�E ��7"f� S-1 Finance/"Procurement Services P.O. Box 310 _.- — Boynton Beach, Florida 33425-0310 Telephone No: (561)742-6310 1-AX: (bbl) X41-bulb January 14, 2020 Davie R. Tayinr `✓ Extreme Pest Control, Inc. 4828 Witrh I_dna Lake Worth, FL 33461x" VIA EMAIL TRANSMITTAL TO: youngwind1@aoi.com Rin- P[Gr VMAC_K OF Palm Roach rnunty — DIRPrlRei_ RFRVIrFC_ nFrFARFiI ANIMALS (ROADSIDE) BID No.: 700089RC CURRENT TERM: FEBRUARY 22, 2019–FEBRUARY 21,2020 rlagr Mr. Tauinr- The current agreement term for the"DISPOSAL SERVICES, DECEASED ANIMALS (ROADSIDE)" awarded to Extreme Pest Control, Inc. expires February 21, 2020. \A/c hnva haan y=ni honn\i with Fytrom= P=ct C.nntrni Inr c=nt ro \A/=\ain_Ild ilk=to oytcnri thc_ t- ntrart for an additional one-vear period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to marmereCc_bbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Clic N-tarmer, 3emor buyer al(0O 1) 14Z-00_16. Sincerely, a AAA s Mwp Frariarikcan Director of Financial Services cc: Matthew Zeller, Captain - Budget& Procurement, Boynton Beach Police Department Liz Roehrich, Animal Control Officer, Boynton Beach Police Department File dmcri�ir'. _On Ea my to_h (�1 Y_r 4 Page 31 of 167 The City of Boynton Beach Finance/Procurement Services F.O.Box 310 Boynton Beach,Florida 33425-0310 ' Telephone No:(561)742-6310 FAX.,(561)742-6316 January 14, 2020 David Mulberry, President/CEO, Property Registration Champions, LLC VIA EMAIL TRANSMITTAL TO: cshiflett@cchampions.com RFI No. 001-2099 FOR ADMINISTRATOR OF RECORD FOR ABAaNDONEDIFORECLOSEDIVACANT PROPERTIES CURRENT CONTRACT PERIOD. March 1, 2019 THRU February 29, 2020 Dear Mr. Mulberry: The Agreement for "ADMINISTRATOR OF RECORD FOR ABANDONEDIFORECLOSED/VACANT PROPERTIES"will expire on February 29, 2020. This Agreement allows for three (3) additional one-year renewals under the same prices, terms and conditions. The City of Boynton Beach would like to renew this contract with your firm for an additional one-year term under the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services via email to rnarmere@bbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer, Senior Buyer at(661) 742-6318. Sincerely, j*kX aa." Mara Frederiksen Director of Financial Services cc: Adam Temple, Director Community Standards File America's Gateway to the Gulf Stream Page 32 of 167 The City of Boynton .Beach Fin once/Procurement Services P P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 FAX:(561)742-6316 RFI No. 001-2019 FOR ADMINISTRATOR OF RECORD FOR ABANDONED/FORECLOSED/VACANT PROPERTIES CONTRACT RENEWAL PERIOD: March 1, 2020 THRU February 28, 2021 Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of March 1, 2020 THRU February 28, 2021. No, I do not wish to renew the agreement for the following reason(s): Property Registration Champions, LLC NAME OF COMPANY SIGNATURE A r DAV � - NAME OF REPRESENTATIVE TITLE L ase rnt) 2,e—,c-) (-:��- 1 ) 1--- �&3 DA (AREA CODE)TELEPHONE NUMBER E-MAIL ADDRESS America's Gateway to the Gulf Stream Page 33 of 167 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS February 04, 2020 REQUESTING DEPARTMENT: POLICE DEPARTMENT CONTACT: Liz Roehrich TERM: February 22, 2020 thru February 21, 2021 SOURCE FOR PURCHASE: Palm Beach County Piggyback Bid No. 700089RC ACCOUNT NUMBER: 001-2112-52149-17. VENDOR(S): Extreme Pest Control, Inc. ANNUAL ESTIMATED EXPENDITURE: $8,000.00 DESCRIPTION: On January 22, 2018, the City Manager approved a piggyback contract with Extreme Pest Control, Inc. for the removal and disposal of animal remains. Palm Beach County has exercised a renewal of the contract effective February 22, 2020 thru February 21, 2021. Extreme Pest Control, Inc. has agreed to extend the prices, terms and conditions of the County Contract to the City thru 2021. REQUESTING DEPARTMENT: COMMUNITY STANDARDS DEPARTMENT CONTACT: ADAM TEMPLE TERM: March 1, 2020 thru February 28, 2021 SOURCE FOR PURCHASE: City RFI No. 001-2019 ACCOUNT NUMBER: N/A VENDOR(S): Property Registration Champions, LLC ANNUAL ESTIMATED EXPENDITURE: $0(revenue generating contract) DESCRIPTION: On April 2, 2019, City Commission approved a one-year award to Property Registration Champions, LLC for registration and monitoring services of vacant, abandoned, and foreclosed property within the City. The Contract allows for three (3) additional one-year renewal options with the same prices, terms and conditions. The vendor has agreed to renew the Contract for the first second-year renewal option thru February 28, 2021. The contract calls for a $250 fee to be charged for each registration with $150 paid to the City. The contract term is for one year, with the option to renew under the same terms and conditions for three (3), one (1) year terms. This agreement provides revenue to the City projected revenue for fiscal year 2019/2020 is $100,000.00 FY 16-17- $266,150 FY 17-18- $102,600 FY 18-19- $72,683 FY 19-20- $31,850 YTD 6.B. Consent Agenda 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Accept surtax capital project status report for 1st quarter of fiscal year 2019-20- October through December 2019. Explanation of Request: The attached report is an update for the fiscal year 2019-20 capital projects that are funded through surtax funds. Projects are in varying stages and the report includes a status update for each project. Through December 2019, the City has awarded approximately $3,192,341 worth of work from the surtax funds amended budget of$9,310,562. With a majority of the work encompassing Hester Center Re-Roof, Boynton Lakes Park Playground Replacement, Kapok Park Playground (Direct Owner Purchase) Sidewalk Replacement, Library RFI D Inventory System, Public Works Complex Painting, Town Square Network Equipment, Police Dept Headquarters Network Equipment, and Fiber Optic Cable to North Tower Site. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 35 of 167 ATTACHMENTS: Type Description D Attachment CI P Quarterly Update Page 36 of 167 CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT PLAN FUND 303 PROPOSED CIP BUDGET -FUNDED BY SALES SURTAX TV 2019/20 to FY 2023/24 SALES SURTAX CAPITAL IMPROVEMENT PROGRAM Account Number Project Project Fund-Location-Exp Number PROJECT NAME Project Status Manag er 303-4103-580.63-15 GG1801 Boynton Beach Blvd Extension&Pete Pond Improv(Construction) Under Design Matt Doyle 303-4103-580.63-15 GG1802 Boynton Beach Blvd Extension&Pete Pond Improv(Design)and Planters Box Under Design Matt Doyle 303-1214-580.62-01 TSKID Town Square Temporary Site Removal(PD,Library,etc.) Under Design Kevin Ramsey 303-4230-572.64-04 RP2010 Town Square Park-Kids'Kingdom(Equipment Direct Owner Purchase) Complete Andrew Mack 303-4299-580.63-06 GG1820 Citywide Recreation and Parks Entry Signs Under Construction Matt Doyle 303-4130-580.63-00 GG1821 Head Start Center-Seal coat parking lot In Finance-Requisition/Purchase Order Jose Murray 303-4130-580.62-03 GG1822 Head Start Center-Seal coat parking lot ADA In Finance-Requisition/Purchase Order Jose Murray 303-4101-580.62-01 CP0703 General Government-Carpet Replacement Ongoing Gail Mootz 303-4101-580.64-18 GG1004 General Government-HVAC Repairs Ongoing Gail Mootz 303-4101-580.62-01 GG1901 General Government-Misc Repairs&Replacement Ongoing Gail Mootz 303-4125-580.62-03 GG1833 Pistol Range ADA* Under Design Gary Dunmyer 303-4116-580.62-01 GG1834 Public Works Complex-Painting Under Construction Gail Mootz 303-4116-580.62-01 GG 1835 Public Works Compound-Sealcoat Parking Lot In Finance-Requisition/Purchase Order Jose Murray 303-4116-580.62-03 GG20xx Public Works Compound-ADA* Under Design Andrew Mack 303-4116-580.62-01 GG20xx Public Works Compound-Gate Replacement Under Design Gail Mootz 303-4116-580.62-03 GG 1842 Public Works Compound-Planning&Design Under Design Andrew Mack 303-4116-580.62-03 GG23xx Public Works Compound-Lobby and Security Upgrades In Procurement Andrew Mack 303-4199-580.62-01 GG19xx I Citywide Sustainability_ Upgrades Ongoing Rebbeca Harvey TOTAL GENERAL GOVERNMENT PROJECTS 303-4209-572.64-18 GG Ezell Hester AHU-2(Weight Room)HVAC Replacement(Jan-20) In Procurement Gail Mootz 303-4209-572.64-18 GG Ezell Hester AHU-3a(Gym Storage)HVAC Replacement(Mar-19) In Procurement Gail Mootz 303-4209-572.64-18 GG Ezell Hester AHU-4(Office/Bathrooms)HVAC Replacement(Jan-19) In Procurement Gail Mootz 303-4209-572.64-18 GG1850 Ezell Hester Center-CU-1 HVAC Replacement In Procurement Gail Mootz 303-4128-522.64-18 GG Fire Station#4 AH U-1 HVAC Replacement(Jan-20) In Procurement Gail Mootz 303-4128-522.64-18 GG Fire Station#4 AH U-2 HVAC Replacement(Feb-20) In Procurement Gail Mootz 303-4128-522.64-18 GG Fire Station#4 AH U-3 HVAC Replacement(Aug-20) In Procurement Gail Mootz 303-4128-522.64-18 GG Fire Station#4 CU-3 HVAC Replacement(Jan-20) In Procurement Gail Mootz 303-4111-572.64-18 GG Senior Center AHU-2 HVAC Replacement(Apr-20) In Procurement Gail Mootz 303-4111-572.64-18 GG Senior Center CU-2 HVAC Replacement(Apr-20) In Procurement Gail Mootz TOTAL GOVERNMENT HVAC PROJECTS 303-4236-580.62-01 RP19xx Boynton Lakes Park-Repaint Roof Pavilion Under Construction Kevin Ramsey 303-4209-572.62-01 RP1903 Hester Center-Re-roof Main Building Under Construction Kevin Ramsey 303-4210-572.63-05 RP1802 Oceanfront Park-paint-roof Pavilions,Bathrooms,Life Bldg In Finance-Requisition/Purchase Order Kevin Ramsey TOTAL GOVERNMENT ROOFING PROJECTS 303-4234-572.62-01 RP1805 Barton Park-Replace Monument Sign&Paint Restroom Under Design Kevin Ramsey_ 303-4236-572.64-04 RP1810 Boynton Lakes Park-Playground Equipment&Gazebo Painting Under Construction Gail Mootz 303-4236-572.63-03 RP1811 Boynton Lakes Park-Playground Equip&Gazebo ADA Under Construction Gail Mootz 303-4234-572.62-03 RP1812 Boynton Beach Memorial Park(Cemetery)-ADA* Under Design Kevin Ramsey_ 303-4113-572.63-05 RP1814 Carolyn Sims Center Paint Pavilion and table Complete Gail Mootz 303-4209-572.63-05 Hester Center-Site Improvements(Design&Construction) Under Design Paoloa Mendoza 303-4209-572.63-05 RP1905 Hester Center-Game Room Repairs In Finance-Requisition/Purchase Order Kevin Ramsey 303-4209-572.63-05 RP2011 Hester Center-Exterior Door&Window Replacement In Finance-Requisition/Purchase Order Kevin Ramsey 303-4209-572.63-05 RP2016 Hester Center-Bathroom,Locker Room,&Int.Door Renovations In Procurement Kevin Ramsey_ 303-4209-572.63-05 RP1826 Hester Center-Basketball Court Resurfacing Not Started Gail Mootz 303-4209-572.63-05 RP1908 Hester Center-Scrub Fence Not Started Andrew Mack 303-4209-572.62-01 RP1904 Hester Center-Concesion Building Renovation Complete Gail Mootz 303-4223-572.62-01 RP1820 Intracoastal Park-Carpet Replacement Not Started Kevin Ramsey 303-4223-572.62-01 RP1921 Intracoastal Park-Intracoastal Parking Lot Resealing In Finance-Requisition/Purchase Order Jose Murray 303-4223-572.62-01 RP20XX Intracoastal Park-Clubhouse&Main Pavilion Exterior Paint Not Started Kevin Ramsey 303-4223-572.62-01 RP1822 Intracoastal Park-Refurbish restrooms In Finance-Requisition/Purchase Order Kevin Ramsey 303-4223-572.62-03 RP1823 Intracoastal Park-Refurbish restrooms ADA In Finance-Requisition/Purchase Order Kevin Ramsey_ 303-4223-572.63-05 RP Intracoastal Park-Cans,tables,benches Not Started Matt Doyle 303-4235-572.63-50 RP2004 Jaycee Park-Interpretive Art Not Started Debby Coles-Dobay 303-4235-572.62-01 RP1825 Jaycee Park-Restroom Building Exterior Painting In Procurement Gail Mootz 303-4235-572.62-01 RP1827 Jaycee Park-Parking Lot Resealing In Finance-Requisition/Purchase Order Jose Murray 303-4235-572.62-01 RP1828 Jaycee Park Paint Pavilions In Finance-Requisition/Purchase Order Gail Mootz 303-4235-572.62-01 RP1829 Jaycee Park Pour In Place repair In Finance-Requisition/Purchase Order Gail Mootz 303-4299-572.62-03 RP20XX Kiwanis Sierra Park-ADA* Under Design Gary Dunmyer 303-4237-572-63.05 RP1830 Knollwood Park-Parking Lot Not Started Jose Murray 303-4231-572-63-05 RP2014 Laurel Hills Park-Basketball Court Restoration Under Design Gail Mootz 303-4231-572-62-03 RP2015 Laurel Hills Park-Basketball Court ADA Under Design Gail Mootz Page 1 of 3 S:\PW\02 Mack\Agenda Items\2020\FY 19-20 CIP Quarterly Reports\January\CIP 2019-2020 Monthly Summary Report as of Jan 8(Fund 302,303)-5yr.xlsx Flageo f37743of 167 CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT PLAN FUND 303 PROPOSED CIP BUDGET -FUNDED BY SALES SURTAX 303-4220-580.62-01 RP1902 Little League Park Fields 1,2,3,4 repair dugouts Complete Gail Mootz 303-4227-572.62-01 RP18 Mangrove Park-Flooring Project Delayed to Future FY Andrew Mack 303-4227-572.63-05 RP18xx Mangrove Park-Fence Repair Project Delayed to Future FY Andrew Mack 303-4227-572.63-05 RP18xx Mangrove Park-Bench replacement Project Delayed to Future FY Andrew Mack 303-4227-572.63-05 RP1837 Mangrove Park-Interpretive markers Project Delayed to Future FY Andrew Mack 303-4227-572.63-05 RP1838 Mangrove Park-Refurbish Restrooms Project Delayed to Future FY Andrew Mack 303-4227-572.62-03 RP1839 Mangrove Park-Refurbish Restrooms ADA Project Delayed to Future FY Andrew Mack 303-4227-572.62-03 RP1841 Mangrove Walk at the Marina-ADA* Project Delayed to Future FY Andrew Mack 303-4216-572.62.01 RP2005 Meadows Park-Site Improvements(Design&Construction) Under Design Paola Mendoza 303-4216-572.62.01 RP1842 Meadows Park-Restroom Building Exterior Painting In Finance-Requisition/Purchase Order Gail Mootz 303-4216-572.64.03 RP1843 Meadows Park-Fitness Trail Equipment Under Construction Gail Mootz 303-4216-572.63.05 RP1845 Meadows Park-Pathways/Sidewalks Repair Under Construction Paola Mendoza 303-4216-572.63.05 RP1846 Meadows Park-Tennis Courts Fencing Complete Gail Mootz 303-4216-572.62.01 RP1841 Meadows Park-Restroom Refurbishment Under Design Kevin Ramsey 303-4216-572.62.03 RP1912 Meadows Park-Restroom Refurbishment ADA Under Design Kevin Ramsey 303-4216-572.63.05 RP1913 Meadows Park-Pavilions Roof Paint In Procurement Kevin Ramsey 303-4216-572.62.03 RP1848 Meadows Park-Playground Equipment ADA Under Design Paola Mendoza 303-4210-572.63-05 RP1952 Oceanfront Park-Parking Lot Lights In Procurement Kevin Ramsey_ 303-4210-572.62-01 RP1916 Oceanfront Park-Replace Cans,Benches,Cart Corrals Not Started Matt Doyle 303-4210-572.62-01 RP1917 Oceanfront Park-Maintenance Building Repairs Under Design Kevin Ramsey 303-4210-572.62-01 RP1918 Oceanfront Park-Masonry Pavilion Grill Under Design Kevin Ramsey 303-4210-572.62-01 RP1919 Oceanfront Park-Pavilion Retaining Wall Repair Under Design Kevin Ramsey 303-4210-572.63-05 RP1850 Oceanfront Park-Sealcoat parking lot In Finance-Requisition/Purchase Order Jose Murray 303-4210-572.63-03 RP1850 Oceanfront Park-Sealcoat parking lot ADA In Finance-Requisition/Purchase Order Jose Murray 303-4210-572.63-05 RP1851 Oceanfront Park-Asphalt pathway Under Design Kevin Ramsey 303-4210-572.63-50 RP1906 Oceanfront Park-Art(Turle)Restoration Complete DebbyColes-Dobay 303-4210-572.63-05 RP2006 Oceanfront Park-Beach Shower Under Construction Gail Mootz 303-4211-572.62-01 RP1862 Oyer Park-Park Ramp Assessment Under Design Kevin Ramsey 303-4211-572.62-01 RP1957 Oyer Park-New Dumpster Enclosure Under Design Andrew Mack 303-4232-572-62.03 RP1858 Palmetto Greens Linear Park-Playground ADA Complete Kevin Ramsey_ 303-4232-572-62.03 RP1859 Palmetto Greens Linear Pk-Replace/maintain Picnic tables ADA Not Started Matt Doyle 303-4232-572-62.01 RP1915 Palmetto Greens Linear Park-Paint pavilion Complete by In-house Staff Kevin Ramsey 303-4232-572-63.05 RP16 Palmetto Greens Linear Park-Parking Lot Sealcoat Complete Kevin Ramsey 303-4232-572-62.03 RP16 Palmetto Greens Linear Park-Parking Lot Sealcoat ADA Complete Kevin Ramsey 303-4115-572.63-05 RP1907 Pence Park-Redesign of entire park Under Design Kevin Ramsey 303-4115-572.62-01 RP1863 Pence Park-Paint Restroom exterior In Finance-Requisition/Purchase Order Kevin Ramsey 303-4115-572.63-03 RP1863 Pence Park-Parking Spaces,new ADA Under Design Gary Dunmyer 303-4217-572.63-05 RP1864 Pioneer Canal Park-Fishing Pier Repair Under Design Kevin Ramsey 303-4217-572.62-03 RP1864 Pioneer Canal Park-Fishing Pier Path ADA Under Design Kevin Ramsey_ 303-4217-572.63-05 RP1865 Pioneer Canal Park-Tennis Court Fencing Under Design Gail Mootz 303-4217-572.63-05 RP1866 Pioneer Canal Park-Basketball and Tennis Courts Under Design Gail Mootz 303-4217-572.62-03 RP1866 Pioneer Canal Park-Basketball and Tennis Courts ADA Under Design Gail Mootz 303-4111-572.62-01 RP2013 Senior Center-Reconstruct Parking Lots Project Delayed to Future FY Andrew Mack 303-4212-572.63.05 RP1879 Tennis Center-Parking Lot Sealcoat In Finance-Requisition/Purchase Order Jose Murray 303-4212-572.62.03 RP1879 Tennis Center-Parking Lot Sealcoat ADA In Finance-Requisition/Purchase Order Jose Murray 303-4212-572.63.05 RP1880 Tennis Center-Parking Lot Median Upgrade Under Design Gail Mootz 303-4212-572.62.01 RP1881 Tennis Center-EntrySign Not Started MattDoyle 303-4299-572.62.03 RP1882 lVeterans Park-ADA* Under Design Gary Dunmyer TOTAL RECREATION AND PARKS PROJECTS 303-4225-580.62-01 RP1901 Fire&Rescue Training Site at Rolling Green Under Construction Gail Mootz 303-4131-522.62-01 FA20xx Fire Station I-Vehicle Exhaust System(Town Sqaure) In Finance-Requisition/Purchase Order Matthew Petty 303-4199-522.62-01 FA20xx Fire Station 2,4&5-Kitchen Renovations Under Design Kevin Ramsey 303-4126-522.62-01 FA2004 Fire Station#2-Women Restroom Repair In Finance-Requisition/Purchase Order Kevin Ramsey_ 303-4126-522.62-01 FA20Xx Fire Station#2-Interior Painting In Finance-Requisition/Purchase Order Gail Mootz 303-4127-522.63-15 FA1804 Fire Station#3-Parking Lot Resealing In Finance-Requisition/Purchase Order Jose Murray 303-4128-522.62.01 FA1904 Fire Station#4-Kitchen Renovation In Procurement Kevin Ramsey_ 303-4128-522.62.01 FA1905 Fire Station#4-Paint Apparatus Bay In Procurement Gail Mootz 303-4128-522.62.01 FA1906 Fire Station#4-Replace Apparatus Bay_ In Procurement Gail Mootz 303-4128-522.62.01 FA1907 Fire Station#4-Sealcoat Parking Lot In Finance-Requisition/Purchase Order Jose Murray 303-4129-522.62-01 FA1808 Fire Station#5-Pressure Wash&Patch Exterior In Procurement Kevin Ramsey 303-4129-522.62-01 FA1903 Fire Station#5-Interior Painting In Procurement Kevin Ramsey TOTAL PUBLIC SAFETY PROJECTS 303-4101-580.64-15 IT1811 PC Replacement Complete Charles Stevens 303-4101-580.64-15 IT1903 Replace VMware Hosts Complete Charles Stevens 303-4104-580.64-14 IT1901 Library Dept.-Integrated System/RFID Inventory System Under Construction Craig Clark 303-4119-580.64-14 IT20xx Automatic Vehicle Location Program-Police Under Design Craig Richards 303-4119-580.64-14 IT20xx Real Time Crime Center-Police In Finance-Requisition/Purchase Order Craig Richards �]�9 Page2of3 r S:\PW\02 Mack\4genda Items\2020\FY 19-20 CIP Quarterly Reports\January\CIP 2019-2020 Monthly Summary Report as of Jan 8(Fund 302,303)-5yr.xlsx ageo3aof 167 CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT PLAN FUND 303 PROPOSED CIP BUDGET -FUNDED BY SALES SURTAX 303-4119-580.64-14 IT20xx License Plate Readers-Police Not Started Phil Hawkins 303-4119-580.64-15 IT2010 Network Equipment for Police Building Under Construction Craig Richards 303-4101-580.64-15 IT20xx Emergency IT Equipment Replacement Under Construction Charles Stevens 303-4101-580.64-15 IT2001 Install Fiber Optic Cable-North Tower Site Under Design Charles Stevens 303-4101-580.64-15 IT2002 Network Infrastructure-New City Hall Under Construction Charles Stevens 303-4101-580.64-15 IT2003 Network Infrastructure-Open Areas Town Square Under Construction Charles Stevens 303-4101-580.64-15 IT2004 Network Infrastructure-Fire Station 1 Under Construction Charles Stevens 303-4101-580.64-15 IT2005 lNetwork Infrastructure-Old High School Under Construction Charles Stevens TOTAL INFORMATION TECFLNOLOGY PROJECTS 303-4904-541.63-24 CP0263 Sidewalks-Replacement Under Construction Gary Dunmyer 303-4905-580.63-08 TR16ol Model Block 10th&11th Avenue Complete Andrew Mack 303-4904-541.63-03 TR1701 Sidewalks Ramp-ADA Under Construction Gary Dunmyer 303-4905-580.63-08 TR2oo1 South East 1st Street Improvement&Design(Partial Utility Funded) Under Design Gary Dunmyer 303-4905-580.63-08 CP0266 Street Maintenance/Impv. Under Construction Gary Dunmyer 303-4906-541.63-22 TR0903 Bridge Repair-Maintenance&Improvements Under Design Gary Dunmyer 303-4905-541.63-23 1 TR1001 IFEC Crossing Upgrade Complete Gary Dunmyer TOTAL TRANSPORTATION/ROADWAY PROJECTS �]�9 Pag{e.�3 of 3 r S:\PW\02 Mack\4genda Items\2020\FY 19-20 CIP Quarterly Reports\January\CIP 2019-2020 Monthly Summary Report as of Jan 8(Fund 302,303)-5yr.xlsx ageo3". of 167 6.C. Consent Agenda 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Approve Task Order UT-1C-05 with Carollo in the sum of$73,600.00 in accordance with RFQ No. 046-2821- 17/TP, General Consulting Services Contract, Scope Category C executed on August 22, 2018 for the Community Rating System (CRS) Support Services for the upcoming Verification Process. Explanation of Request: The National Flood Insurance Program's (NFIP) Community Rating System(CRS)was implemented in 1990 as a voluntary program for recognizing and encouraging community floodplain management activities exceeding the NFIP's minimum standards. Flood insurance rates, which are calculated by the Federal Emergency Management Agency's (FEMAs) National Flood Insurance Program, are determined in part by the work that each community does to reduce the effects of flooding in the community. The CRS uses a Class Rating system that is similar to fire insurance rating to determine flood insurance premium reductions for residents. The CRS Class Ratings are rated from 10 (no premium reduction) to 1 (45% premium reduction). Each class rating improvement accounts for an additional 5% premium reduction for the City's residents. The City of Boynton Beach CRS Class 6 rating became effective on October 1, 2017. The City has a goal of upgrading to a Class 5, which would give residents a 25% discount on flood insurance premiums.As the requirements of the CRS verification process are complex, the City is seeking a team of specialized consultants to provide support services to guide the City through this five-year cycle process. Carollo will How will this affect city programs or services? The City must prepare for the verification process to be conducted by the CRS program administrator, the Insurance Services Office (ISO), in order for the City residents and business to continue enjoying the current discount on their flood insurance. It is highly recommended that the City begin to work with the consulting team as soon as possible in allowance for administrative delays, hurricane storm responses, and holiday calendar considerations. The verification visit is tentatively scheduled for September- October 2020. Fiscal Impact: Fund account to be used: 401-2821-536.49-17 Alternatives: Not to adopt the requested consulting support services possibly denying City residents of continuing enjoying the current discount on their flood insurance policies. Strategic Plan: Page 40 of 167 Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Task Order Scope of ser\4ces D Contract Carollo General Consulting Contract Page 41 of 167 Engineers.. Working Wonders With WaterD January 14, 2020 Mr. Joe Paterniti City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, FL 33435 Subject: Task Order No. UT-1 C-05- Community Rating System Evaluation and Support Services for the Community Rating Verification Process Dear Mr. Paterniti: Attached is our proposal for Community Rating System Evaluation and Support Services for the Community Rating Verification Process. We look forward to working with the City on this important project. Sincerely, CAROLLO ENGINEERS, INC. Elizabeth Fujikawa, PE, LEED AP Vice President tg:n Boynton Beach\SOW_2020_0114I CRS New Scope 1-14-20.docx 2056 Vista Parkway,West Palm Beach, Florida 33411 P.561.868.6400 F.561.868.6401 rllmcom Page 42 of 167 Community Rating System Evaluation and Support Services for the Community Rating Verification Process Contract No.: 046-2821-17/TP-General Consulting Services Scope Category "C" Task Order No. UT-1C-05 SCOPE OF SERVICES Background The National Flood Insurance Program's (NFIP) Community Rating System (CRS) was implemented in 1990 as a voluntary program for recognizing and encouraging community floodplain management activities exceeding the NFIP's minimum standards. Flood insurance rates, which are calculated by the Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program, are determined in part by the work that each community does to reduce the effects of flooding in the community. The CRS uses a Class rating system that is similar to fire insurance rating to determine flood insurance premium reductions for residents. The CRS Class Ratings are rated from 9 (no premium reduction) to 1 (45% premium reduction). Each class rating improvement accounts for an additional 5% premium reduction for the City's residents. The City of Boynton Beach (City) is one of several municipalities in Palm Beach County that actively participates in the Community Rating System. The City of Boynton Beach CRS Class 6 rating became effective on October 1, 2017. The City has a goal of upgrading to a Class 5, which would give residents a 25% discount on flood insurance premiums. As the requirements of the CRS verification process are complex, the City is seeking a team of specialized consultants to provide support services to guide the City through the process. Carollo will perform these services under our General Consulting Services Contract with the City (Contract No. 046-2821-17/TP). Scope of Work This work will be done by Lori Lehr, Inc. as detailed in the attached pages. Fee The method of payment for this project will be the hourly billing rates plus reimbursables plus a subconsultant markup of 10 percent by Carollo. Carollo will also have a project manager present for the kickoff meeting (2 hours), PPI meeting (2 hours), the 2020 cycle verification visit (8 hours), at the agreed contact rate of$175 per hour. The total cost is not to exceed $73,600. pw://Carollo/Documents/Client/FL/Boynton Beach/Proposals/CRS New Scope 1-14-20.docx Page 43 of 1 d7 Task Lori Lori Lehr Sub- Carollo Carollo Total Lehr Inc. Consultant Project Labor Inc. Labor Markup Manager Cost Hours Cost (10%) $150 $175 1. Organize 120 $18,000 $1,800 2 $350 $20,150 2. Interviews 40 $6,000 $600 $6,600 3. Exit Report 40 $6,000 $600 $6,660 4. Annual PPI 10 $1,500 $150 2 $350 $2,000 Meeting & Report 5. Prepare 70 $10,500 $1,050 $11,550 Documentation 6. CRS Cycle 80 $12,000 $1,200 8 $1,400 $14,600 Verification Visit 7. Follow-up 40 $6,000 $600 $6,600 Documentation Reimbursable Travel $5,000 $500 $5,500 expenses Total 400 $65,000 $6,500 12 $2,100 $73,600 Schedule The proposed schedule for the project is presented below. As the visit from ISO/CRS Specialist cannot be predicted at this time, the schedule is based on the general milestones as indicated below: • Task 1 —Will begin within 1 week from the NTP. • Task 2 and 3— Report will be finalized within 2 weeks of interview conclusion • Task 4 will be scheduled by City • Task 5 will be completed within 90 days, after receiving required documentation from Summary Report • Task 6 and 7 are dependent on the schedule of the CRS cycle verification visit, but are anticipated to be completed within 60 days. pw://Carollo/Documents/Client/FL/Boynton Beach/Proposals/CRS New Scope 1-14-20.docx Page 44 of 107 Ya Nn.��llty l� 3 LORI LEHR INC. Lori Lehr, CFM 727.235.3875 ,2 / YOUR LINK TO CRS SUCCESS lori@lorilehrinc.com December 5, 2019 Joseph Paterniti, P.E. Utilities Director Boynton Beach Utilities City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33453 Via Email:.PaternitiJ@bbfl.us RE: Proposal for Community Rating System Evaluation and Support Services for the Community Rating Verification Process Dear Mr. Paterniti, Lori Lehr Inc. is pleased to submit a proposal for providing professional services to the City of Boynton with support services for the upcoming CRS verification visit and evaluation process under the Community Rating System (CRS)for the National Flood Insurance Program (NFIP). As the sole proprietor of Lori Lehr Inc, I, Lori Lehr, will be the be responsible for all service related to this proposal which includes coordinating with City staff and partnering agencies to collect the documentation to support the CRS cycle verification process. I received my Certified Floodplain Manager (CFM) status by the Association of State Floodplain Managers, Inc. (ASFPM) in 2000 and have been involved in the floodplain management industry since that time. My floodplain management career started in the City of St. Petersburg serving as the floodplain administrator, building permit construction reviewer and acting as a liaison between the City and FEMA. Further, I offer over eight (8) years of specific experience as a CRS Specialist working with Insurance Services Office(ISO). I am well versed in all iterations of CRS Manual and with the implementation of the Manuals under the most current CRS guidelines.While working with ISO, I submitted over 120 CRS verification files to FEMA, many of which resulted in a CRS class improvement for those communities. As ISO/CRS Specialist, I assisted communities with the highest dollars of CRS discount in the Nation. I also recertified over 80 communities in the CRS program on an annual basis. As a consultant, I have had the pleasure of assisting numerous communities in Florida to make application to the CRS program as well as to achieve CRS Class improvements. The communities I have worked with include; City of Bonita Springs, CRS Class 5, City of Dunedin, CRS Class 5, Village of Estero, CRS Class 6, Hillsborough,CRS Class 5,Village of Islamorada,CRS Class 6,Town of Jupiter Island, CRS Class 7,City of Key Colony Beach, CRS Class 8, City of Key West, CRS Class 7, Lee County, CRS Class 5, Village of Palmetto Bay, CRS Class 8.The most recent project is ongoing with Monroe County, CRS Class 5. In addition, I have specific knowledge of the State of Florida's floodplain management practices. My extensive knowledge and experience with CRS audits and verification processes will provide the necessary support and leading guidance for this important proposal. Provided within this proposal are the objectives as well as the scope of services to be provided and the total estimated hours and fee. Page 45 of 167 City of Boynton Beach Community Rating System Program Support Service Project Objective This project is to provide consulting services to City of Boynton Beach for maintenance of their CRS activities and to prepare the City for their 2020 CRS cycle verification visit under the 2017 CRS Coordinator's Manual requirements. Prosect Approach A thorough review of the CRS activities currently being credited will be conducted and guidance provided on the maintenance of the CRS credited activities. I will meet with the appropriate City staff to review what is necessary to keep/maintain the current credits under the 2017 Manualfor the City's CRS Class 6 rating. Additional CRS credit opportunities will be identified during the review process with to assist the with the City's goal of moving toward a CRS Class 5. the This scope assumes that the City will support this effort by making staff available to help verify credit points. The City is currently receiving CRS credit under the 2013 CRS Coordinator's Manual. It is understood that the City may need to implement new CRS activities to maintain a CRS Class 6 under the significantly different participation requirements in the 2017 CRS Coordinator's Manual. Compliance with the NFIP is prerequisite for participation in the CRS program. Assuring that the City complies is achieved via review of the City's Elevation Certificate by the ISO/CRS Specialist 30-60 days prior to the scheduled CRS Cycle verification visit. The Certificates must score a minimum of 90% correct for participation in the CRS program under the 2017 CRS Coordinator's Manual.This proposal does not include assistance with NFIP compliance or an extensive review of all the Elevation Certificates that have been collected since the last CRS cycle verification visit. ProiectTasks Task 1. Organize: I will review the documentation from the City's previous CRS cycle verification and identify the CRS activities that are currently credited and identify the documentation requirements to maintain the current credit if applicable in the 2017 CRS Coordinator's Manual. Potential new credit will be identified along with the documentation requirements for additional credit under the 2017 CRS Coordinator's Manual. The City will make available all materials relevant to these credits in addition to any elements the CRS Coordinator believes could be eligible for credit. Task 2. Interviews:The City CRS Coordinator and I will schedule in person meetings with the City staff to review the current CRS program and to discuss the additional documentation requirements for the City's CRS cycle verification visit. Task 3. Exit Report: Within two (2) weeks of the office interviews, a report will be provided to the CRS Coordinator on the preliminary findings.This report will include the documentation requirements for the CRS activities discussed during the interview process along with suggestions for activities that the City may want to implement for additional CRS credit. Task 4. Conduct Annual Program for Public Information (PPI) Meeting: I will conduct the 2020 PPI meeting and prepare the 2020 required PPI progress report. � -LII-a 1 LORI LEHR INC. Page 46 of 167 City of Boynton Beach Community Rating System Program Support Service Task S. Prepare Documentation for the Cycle Verification: Ninety (90) days prior to the 2020 schedule CRS Verification visit,the City will submit to me for review,the documentation outlined in the Exit Report The documentation will be processed and prepared for submission to ISO. It is expected that there will be significant coordination with staff and the City CRS Coordinator to obtain the documentation in the format that is required by the CRS program. All the collected documentation will be merged to a PDF format that is organized to assure maximum CRS credit by the ISO/CRS Specialist.The completed CRS cycle verification document will be submitted on or before the CRS cycle verification visit date. Task 6.CRS Cycle Verification Visit: I will coordinate with the ISO/CRS Specialist to be available during the scheduled CRS cycle verification visit. Task 7. Follow-up Documentation:If the ISO/CRS Specialist request additional documentation or a modification to the submitted documentation, I will assist the City until the follow-up requests until all requests are satisfied. Professional Fees(not including travel expenses) Task Hours Rate Cost 1.Organize 120 $150.00 $18,000.00 2. Interviews 40 $150.00 $6,000.00 3. Exit Report 40 $150.00 $6,000.00 4.Annual PPI Meeting and Report 10 $150.00 $1,500.00 5. Prepare Documents 70 $150.00 $10,500.00 6.Verification Visit 80 $150.00 $12,000.00 7 Follow-up documentation 40 $150.00 $6,000.00 Total= 400 $60,000.00 The estimated total fee shall not be exceeded without further written authorization by the City of Boynton Beach.This Proposal is only for the items specifically mentioned above.The project shall be billed monthly based upon the hourly rate schedule above. Please Note: the proposed hours and scope of work can be adjusted according to the City's needs and expectations. Reimbursable expenses, such as mileage, hotel, and per diem is not included in the estimated fee and shall be billed separately at the current IRS rates. Daily estimated reimbursable expenses are $500 per day, not to exceed 10 travel days. The total estimated, not-to-exceed,fee plus expenses is$65,000 Additional CRS related tasks not specifically outlined in this proposal, requested in writing by the City of Boynton Beach,will be billed at a charge of$150. � _LII_a 1 LORI LEHR INC. Page 47 of 167 City of Boynton Beach Community Rating System Program Support Service City of Boynton Beach Expected Contribution The City is expected to contribute adequate staff time for the following work: ➢ Task 1. Organize: Providing the appropriate materials and setting up the interviews. ➢ Task 2. Interviews: Ensuring that all staff are available for the interviews. Providing needed GIS maps, GIS data, and other materials as requested. ➢ Task 3. Exit Report: Review and critique the draft report and provide staff support to provide additional documentation as appropriate. ➢ Task 4. Conduct Annual Program for Public Information (PPI) Meeting: The City will be responsible for organizing the PPI meeting and ensuring that the require PPI committee members attend the meeting. ➢ Task S. Prepare Documentation for the CRS Cycle Verification: Appropriate staff to provide requested documentation in a format that can be credited by the CRS program. It is expected that the City will provide GIS support to prepare CRS related impact maps. ➢ Task 6. CRS Cycle Verification Visit:This appropriate City staff will need to participate in the verification visit as requested by ISO as the City feels necessary to address all potential ISO questions relating to specific subject matters unique to the City. ➢ Task 7. Follow-up Documentation: Staff time Review and critique of final documentation to be submitted for any necessary follow-up after the visit. I look forward to working with you and appreciate the opportunity to submit this proposal for CRS support services.Your acceptance of this proposal may be indicated by signing below and returning a copy to me via email. Please contact me if you have any questions. Sincerely, A Lori Lehr, CFM Lori Lehr Inc. � _LII_a 1 LORI LEHR INC. Page 48 of 167 ACOR" CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) 04/25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hiscox Inc. PHONE $$$ 202_3007 FAX 520 Madison Avenue E-MAILo Ext: ( ) A/c No: 32nd Floor ADDRESS: contact@hiscox.com New York, NY 10022 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Hiscox Insurance Company Inc 10200 INSURED INSURER B Lori Lehr Inc. 3441 Pittman Road INSURER C7 Dover FL 33527 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR P LTR POLICY NUMBER MWDD/YYY MWDD/YYYLIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAM CLAIMS-MADE � OCCUR PREM SES Ea occurrDence $ 100,000 MED EXP(Any one person) $ 5,000 A UDC-4141233-CGL-19 04/25/2019 04/25/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICYEl PELT � LOC PRODUCTS-COMP/OP AGG $ S/T Gen.Agg. OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE / 1 raj @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Page 49 of 167 JIMMY PATRONIS CHIEF FINANICAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION ** CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 3/29/2019 EXPIRATION DATE: 3/28/2021 PERSON: LORI L LEHR EMAIL: LORI@LORILEHRINC.COM FEIN: 811401221 BUSINESS NAME AND ADDRESS: LORI LEHR, INC. 3441 PITTMAN RD DOVER, FL 33527 SCOPE OF BUSINESS OR TRADE: Salespersons or Collectors[]Outside IMPORTANT:Pursuant to Chapter 440.05(14),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to Chapter 440.05(12),F.S.,Certificates of election to be exempt...apply only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to Chapter 440.05(13),F.S.,Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS?(850)413-1609 Page 50 of 167 lu tj ull m-0 ui -c- = E fa Wa E LA T1 Lu ra co 00 14 L14 cc Con 1w Pr�C.0 lb 2= ACCOUNT NO. 2018 - 2019 HILLSBOROUGH COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30,2019 52932 OCC. CODE NEW BUSINESS 280.000111 PUBLIC SERVICE 1 Employees Receipt Fee 22.00 Hazardous Waste Surcharge 0.00 Law Library Fee 0.00 BUSINESS LORI LEHR INC 3441 PITTMAN ROAD DOVER, FL 33527 2018 2019 NAME LORI LEHR INC. MAILING C/O: LORI LEHR ADDRESS 3441 PITTMAN ROAD Paid 18-0-192168 DOVER, FL 33527 03/20/2019 22.00 BUSINESS TAX RECEIPT DOUG BELDEN, TAX COLLECTOR HAS HEREBY PAID PRIVILEGE TAX TO ENGAGE 813-635-5200 IN BUSINESS,PROFESSION,OR OCCUPATION SPECIFIED HEREON THIS BECOMES A TAX RECEIPT WHEN VALIDATED. Page 52 of 167 0 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and CAROLLO ENGINEERS, 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 its Sub-consultants'work. The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services C-1 V.5 CLEAN FINAL Page 53 of 167 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 operations review or operating permit non-compliance; assist Boynton Beach Utilities-General Consulting Services C_2 V.5 CLEAN FINAL Page 54 of 167 .._.................. 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 changes in codes, administrative and jurisdictional requirements Boynton Beach Utilities-General Consulting Services C-3 V.5 CLEAN FINAL Page 55 of 167 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 construction. Boynton Beach Utilities-General Consulting Services C-4 V.5 CLEAN FINAL Page 56 of 167 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 Policy Manual 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 percentage of work completed. The CONSULTANT will neither have Boynton Beach Utilities-General Consulting Services C-5 V.5 CLEAN FINAL Page 57 of 167 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 Payment, the CONSULTANT shall determine the amount due to the Boynton Beach Utilities-General Consulting Services C-6 V.5 CLEAN FINAL Page 58 of 167 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; Maintenance and preparation of progress reports; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-� Page 59 of 167 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; *o 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. Although CONSULTANT shall not be responsible for health or safety Boynton Beach Utilities-General Consulting Services C-8 V.5 CLEAN FINAL Page 60 of 167 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 and/or specifications which inhibit contractors from submitting Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 61 of 167 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 by the CITY. :• 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 by 1) 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. Boynton Beach Utilities-General Consulting Services C-10 V.5 CLEAN FINAL Page 62 of 167 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. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 63 of 167 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 are issued, 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 CONS ULTANT,faiIure 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 Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 64 of 167 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: 4- 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; s 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. •3 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. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 65 of 167 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 by termination by the CITY (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 Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 66 of 167 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. s 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. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 67 of 167 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 professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 68 of 167 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 Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 69 of 167 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 Liability Insurance. 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 occurrencelaggregate 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 Liability Insurance. 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. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 70 of 167 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 Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 71 of 167 price or uonsidaration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,gift, orcontingent fee. ARTICLE 13TRUTH-IN-NEGOTIATION CERTIFICATE — 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of e 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 aoofthe date ofthe Contract. 132 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 inoocunoto, incomplete,or non-current wage rates or due to inaccurate representations of fees paid tooutside CONSULTANTS. The City shall exercise its rights under this ^Certifioete''within one(1)year following payment. ARTICLE 14'SUBCONTRACTING 14.1 The CITY reserves the right k/accept the use n[uSUB-CONSULTANT or0ureject the selection ufoparticular sub-CONSULTANT and toinspect all facilities ofany SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT toperform properly under this contract. The CONSULTANT is encouraged to seek |ouo| vendors for participation in subcontracting opportunities. |fthe CONSULTANT uses any sub CONSULTANTS unthis project the following provisions ofthis Article shall apply: 14.2 |faSUB-CONSULTANT fails Voperform ormake progress, aorequired bythis Cnrkract, and it is necessary to replace the SUB-CONSULTANT to complete the work inmtimely fashion, the CONSULTANT shall promptly doso, subject tu acceptance of the new SUB-CONSULTANT by the QTY. The substitution of subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract asset forth inthe Scope ofWork. 14.3 The CONGULTANT, ito8U8'CDN8ULTANT8. agen{a, uemmnta, 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 ofthis contract. ARTICLE 15DISCRIMINATION PROHIBITED - 15.1 The CONGULTANT, with regard tuthe work performed by it under this Controct, 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 ofemployees orprocurement ofmaterials nrsupplies. ARTICLE 16'ASSIGNMENT 181 The CONSULTANT shall not sublet orassign any ofthe services covered bythis Contract without the express written consent ofthe CITY. Boynton Beach Utilities General Consulting Services C-20 v.5CLEAN FINAL Page 72of107 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 73 of 167 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 V.5 CLEAN FINAL C-22 Page 74 of 167 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 Co y to: _ Attn: Utilities Director City of Boynton Beach 124 E.Woolbri ht 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: CAROLLO ENGINEERING INC. Attn: Elizabeth Fujikawa 9897 Lake Worth Road Suite 302 Lake Worth, FL 33467 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 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 75 of 167 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. PYLEJ(a,BBFL.US Boynton Beach Utilities-General Consulting Services C-24 V.5 CLEAN FINAL Page 76 of 167 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 day of A 0,14,1 120 / CITY OF BOYNTON BEACH 4= LtiL6' rnu,-jcC City Manager CONSULTAN IGINFF� Q•++• F•+.��' Attest/Authenticated: o`;:�OATs TitleM_G e Seal) City CI k Approved as to Form: ttesttAuthenticated: Offf6e of the City Attorney Michael W. Barnes, Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 77 of 167 EXHIBIT"A" FEE SCHEDULE FIRM: Carollo Engineers,Inc. DATE: March 14 2018 Personnel Classifications Hourly Rate Principal $279.00 Project Manager $279.00 Senior Engineer $202.00 Process Engineer $202.00 Sr Electrical Egn. $257.00 Elec.Egn. $202.00 Process Control/Inst.Egn. $202.00 Sr.Mechanical Engineer $257.00 Mechanical Engineer $202.00 Engineer $162.00 Designer $140.00 GIS Specialist $185.00 CADD/Technician $140.00 Public Relations Specialist N/A Construction Inspector $141.00 Sr.Rate analyst $202.00 Clerical/Administrative $105.00 Reimbursable Expenses: Direct costs such as postage,prints,delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services C-26 V.5 CLEAN FINAL Page 78 of 167 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. (NOTA: 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 REQUIRED ----------------------------------------------------------------------------------------------------------------------------------------- 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 Tban Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,00Qoo0.00 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 ------------------------------------------------------------------------------------------------------------------------------------------ Bovnton Beach Utilities-General Consulting Services C-27 6 CLEAN FINAL Page 79 of 167 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: Name of Firm: Office Location: I. Service: I (Check One) ❑ Planning/Study Activity,Report,Other ❑ Design/Engineering Services/Preliminary Bid Document ❑ Final Document/Bidding/Contractor Award p 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 I (Check One) ❑ Unsatisfactory ❑ Poor ❑ Fair ❑ Good ❑ Excellent 7. Recommended for Future Contracts? ❑ I Yes I ❑ No ❑ Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title,and office of rating officer e. .Utilities Director): 4. Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 80 of 167 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/A 1. Thorou h site investigation 1 2 3 4 5 2. Meetinj cost limitations 1 2 3 4 5 3. Desi n/results suitability 1 2 3 4 5 4. Coo erative&responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. 'Plans clear/detailed 1 1 1 2 3 4 1 5 7. 'Plan/spec accuracy 1 1 2 3 14 1 5 `Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. 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 bein the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs 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 8. 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. 1 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 81 of 167 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score I NIA 1. Drawings Reflect True Conditions 1 2 1 3 14 5 2. Plans/S ecs Accurate/Coordinated 1 2 3 4 5 3. Design Constructabilit 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, 1 2 3 4 5 Documentation, etc. 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s)or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dis ute 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 C-30 Page 82 of 167 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 bein the hi hest 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 14 5 4. Accuracy of documents 1 2 3 14 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 1 4 5 solving? 7. Overall results 1 2 3 1 15 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services C-31 V.5 CLEAN FINAL Page 83 of 167 6.D. Consent Agenda 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Proposed Resolution No. R20-013- Establishing the goal of zero traffic fatalities on the City of Boynton Beach roadways; adopting Vision Zero as a policy for road and traffic safety for the City; and providing for an effective date. Explanation of Request: Vision Zero is a strategy to eliminate traffic fatalities and severe injuries among all road users, and to ensure safe, healthy, equitable mobility for all. Vision Zero provides a framework for reducing traffic deaths and serious injuries through a combination of engineering, education, and enforcement measures. Key elements of the Vision Zero system include reframing traffic fatalities as preventable; focusing on system failure; reducing the impact of collisions; adopting a safe system approach for vehicles, bicycles and pedestrians; data-driven decision making; and viewing road safety as a social equity issue. First implemented in Sweden in the 1990s, where traffic deaths have been cut in half even while the number of trips increased, Vision Zero is gaining momentum across the globe, including in many U.S. communities. This resolution establishes the elimination of traffic fatality and the reduction of serious injuries due to traffic accidents as a goal of the City of Boynton Beach. By adopting this resolution, the City Commission adopts Vision Zero as the policy for road and traffic safety in the City of Boynton Beach and directs near- and long- term traffic planning to be based on Vision Zero principles. How will this affect city programs or services? Vision Zero activities will be integrated into the City's ongoing programs and services focused on improving and promoting multi-modal transportation. In the near term, the City will identify a diverse stakeholder team and will collect and analyze data to understand trends in traffic deaths and injuries in the City. In the medium term, the City will build leadership and collaboration; incorporate Vision Zero components into a project; develop a Vision Zero Action Plan; brand the concept; and adopt Complete Streets design guidelines. In the longer term, the City will apply for funding for implementation, construct demonstration projects, conduct public outreach, and integrate Vision Zero concepts into other City plans. Implementation of the Vision Zero methodologies is anticipated to make City of Boynton Beach streets safer, which will encourage people to take trips by walking, bicycling and multiple modes such as walking to public transportation. This will help meet the greenhouse gas reduction goals established by the City's Climate Action Plan. It will also encourage collaboration with other agencies and promote equitable public engagement to reach vulnerable populations who may not typically be included in traditional city planning processes. Fiscal Impact: Non-budgeted This resolution has no current direct impact on the City's budget. It initiates a long-term strategy that will be funded through departmental operating and capital budgets and provides the potential for obtaining future grant funds. Alternatives: Not adopt the proposed resolution. Page 84 of 167 Strategic Plan: Transportation and Mobility Strategic Plan Application: Vision Zero directly addresses the strategic initiative of connecting the community through safe, accessible, and multi-model system that improve the quality of life in Boynton Beach. Climate Action: Yes Climate Action Discussion: Climate Action Plan 2015 Revision, Initiative T-4: I mprove movement and safety for non-motorized modes of transportation through the adoption and implementation of best practice models including Complete Streets. Evaluate and improve city-wide bicycle facilities network. Is this a grant? Grant Amount: ATTACHMENTS: Type Description Resolution adopting Vision Zero establishing the D Resolution goals of zero traffic fatalities on Boynton Beach Roadways D Attachment What is Vision Zero D Attachment Vision Zero Core Elements Page 85 of 167 I RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ESTABLISHING THE GOAL OF 5 ZERO TRAFFIC FATALITIES ON THE CITY OF 6 BOYNTON BEACH ROADWAYS; ADOPTION OF 7 VISION ZERO AS A POLICY FOR ROAD AND 8 TRAFFIC SAFETY FOR THE CITY; AND 9 PROVIDING FOR AN EFFECTIVE DATE. 10 11 12 WHEREAS, traffic crashes are among the leading cause of deaths and injuries in the 13 world, the United States, and the City of Boynton Beach; and 14 WHEREAS, according to the Florida Department of Health,pedestrians and bicyclists 15 are the most vulnerable road users and account for over half of the state's traffic deaths; and 16 WHEREAS, according to the Governors Highway Safety Association, the national 17 average of pedestrians killed has increased by nearly 22% since 2014; and 18 WHEREAS, Vision Zero is a traffic safety policy and system which provides a 19 framework for reducing traffic deaths and serious injuries through a combination of 20 engineering, education, and enforcement measures; and 21 WHEREAS, by making streets safer for bicyclists and pedestrians, Vision Zero will 22 help reduce car trips and meet the greenhouse gas reduction goals of the City's Climate Action 23 Plan; and 24 WHEREAS, key elements of the Vision Zero system include: reframing traffic 25 fatalities as preventable; focusing on system failure;reducing the impact of collisions; adopting 26 a safe system approach for vehicles,bicycles and pedestrians; data-driven decision making; and 27 viewing road safety as a social equity issue; and 28 WHEREAS, Vision Zero takes a "Safe System" approach to road safetya holistic 29 view that requires people to think about the road system in its entirety, from design guidelines, i S:\CA\RESO\Vision Zero-Reso.Docx Page 86 of 167 30 infrastructure projects,public participation,policy, and vehicle regulations all influence injuries 31 and deaths; and 32 WHEREAS, Vision Zero and its policies have been proven in other cities to reduce 33 injuries and deaths from preventable traffic accidents; and 34 WHEREAS, the City desires to use the proven methodologies of Vision Zero to keep 35 our residents and those that travel through our City safe; and 36 WHEREAS, it is anticipated that implementation of the Vision Zero methodologies 37 will make the City of Boynton Beach streets safer,which will encourage people to take trips by 38 walking, bicycling and multiple modes such as walking to public transportation; and 39 WHEREAS, implementation of the Vision Zero methodologies will also encourage 40 collaboration with other agencies, including Palm Beach County, the Florida Department of 41 Transportation,the Florida Department of Highway Safety and Motor Vehicles and the School 42 District of Palm Beach County, along with many others to support programs and initiatives that 43 promote safer roads; and 44 WHEREAS, implementation of the Vision Zero methodologies will also encourage 45 communication and education to help generate collective action around the need for safer 46 streets, along with public participation in transportation decision-making; and 47 WHEREAS, a fundamental premise of Vision Zero is social equity;utilizing strategies 48 such as prioritizing safety improvements in areas that have historically been underserved, and 49 building robust engagement strategies to reach those who are most vulnerable on the roadways 50 and who have not typically been included in traditional city planning processes. 51 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 52 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: z S:\CA\RESO\Vision Zero-Reso.Docx Page 87 of 167 53 Section 1. The foregoing"Whereas" clauses are hereby ratified and confirmed as being 54 true and correct and are hereby made a specific part of this Resolution upon adoption. 55 Section 2. The City Commission hereby establishes the elimination of traffic fatality 56 and the reduction of serious injuries due to traffic accidents as a goal of the City of Boynton 57 Beach. 58 Section 3. The City Commission hereby adopts Vision Zero as the policy for road and 59 traffic safety in the City of Boynton Beach and directs near and long- term traffic planning to 60 be based on Vision Zero principles. 61 Section 4. That this Resolution shall become effective immediately. 62 PASSED AND ADOPTED this day of February, 2020. 63 CITY OF BOYNTON BEACH, FLORIDA 64 YES NO 65 66 Mayor— Steven B. Grant 67 68 Vice Mayor—Justin Katz 69 70 Commissioner—Mack McCray 71 72 Commissioner—Christina L. Romelus 73 74 Commissioner—Ty Penserga 75 76 VOTE 77 ATTEST: 78 79 80 81 82 Crystal Gibson, MMC 83 City Clerk 84 85 86 87 (Corporate Seal) 3 S:\CA\RESO\Vision Zero-Reso.Docx Page 88 of 167 k A PRIMER ON VISION ZERO CdAdvancing Safe Mobility for All What is VisionZero? Vision Zero is a strategy to eliminate traffic fatalities and severe C) injuries among all road users, and to ensure safe, healthy, equitable mobility for all. First implemented in Sweden in the 1990s,where traffic deaths have been cut in half even while the number of trips increased,Vision Zero is gaining momentum across the globe, including in many U.S. communities. Each year in the U.S., more than 40,000 people — an average of 100 people per day— are needlessly killed, and millions more are injured, in traffic crashes. While often referred to as "accidents,"the reality is that we can prevent these tragedies by taking a proactive, preventative approach that prioritizes traffic safety as a public health issue. a- - Changing the Status Quo - e Vision for Vision Zero Ethical Platform Vision Zero starts with the ethical belief that everyone has the right to move safely in their communities, and that system designers and policy makers share the responsibility to ensure j safe systems for travel. S 41 System Designers The Vision Zero approach recognizes that Responsible for safety level lrr Wire system people will sometimes make mistakes,so the .,, road system and related policies should be M.:..«. designed to ensure those inevitable mistakes do not result in severe injuries or fatalities. ' JIMThis means that system designers and policymakers are expected to improve the If road users fail to comply Read Users roadway environment, policies(such as speed syste ,des,gnersaaker,ewstepsto Respumibeferreifo—,greies management), and other related systems to lessen the severity of crashes. Page 89 of 167 What a Commitment to Vision Zero Means ro ram.It is a fundamental) different way to approach pisigon Zero is no a slogan,n� a tagline,n� evenjusta traffic safety. Communities that want to succeed at Vision Zero need to acknowledge that business as usual is not enough and that systemic changes are needed to make meaningful progress. Effective communities will recognize and commit to core Vision Zero principles and strategies. Committing to Vision Zero will take the following strategies: Building and sustaining leadership, collaboration, and accountability - especially among a diverse group of stakeholders to include transportation professionals, policymakers, public health officials, police, and community members; Collecting, analyzing, and using data to understand trends and potential disproportionate impacts of traffic deaths on certain populations; Prioritizing equity and community engagement; Managing speed to safe levels; and Setting a timeline to achieve zero traffic deaths and serious injuries, which brings urgency and accountability, and ensuring transparency on progress and challenges. Key among Vision Zero priorities are managing speed,centering equity,and engaging the community. Managing Speed Speeding kills more than 10,000 people each year in the U.S. - on par with drunk driving - yet,the _ act of speeding does not carry the same social consequences as drunk driving.Vision Zero calls on communities to prioritize safe speeds through safe street design, automated speed enforcement(or safety cameras), and setting safe speed limits. Centering Equity Safe mobility is a basic right, and Vision Zero is based on the premise that oil people have the AL right to move about safely.Vision Zero communities should invest in proven safety strategies with a focus on ensuring equity.This includes identifying communities or populations that are disproportionately impacted by traffic deaths and serious injuries, and prioritizing roadway safety investments in these areas. It also means that if police are involved in Vision Zero,the community should make a public commitment to fair and equitable enforcement and ensure transparency and accountability on this commitment. ®® I ®® Engaging Communities 40 When it comes to experience and knowledge of how a neighborhood works, no one knows better 400 AMk than the people who live there.Assessing which needs are greatest requires complementing a RP data-driven approach with robust community engagement.The Vision Zero Network recommends working with and supporting community based organizations who have established trust and relationships with residents. Find out more about Vision Zero and the nonprofit advocacy work of the Vision Zero Network at www.visionzeronetwork.org. Page 90 of 167 g��'M9L;�Iam MEN MEN CORE ELEMENTS mom mom ■ENN■■ FOR VISION ZERO COMMUNITIES INTRODUCTION Vision Zero-the strategy to eliminate traffic Approaching the issue of safe mobility in a new fatalities and severe injuries- is being adopted by way can be challenging, even when everyone a growing number of communities across North agrees on the ultimate goal - in this case, safety America and beyond.While safe mobility is not a for all road users. One limitation to the success new concept,Vision Zero requires a shift in how and proliferation of Vision Zero in this moment communities approach decisions,actions,and is the lack of a unifying definition and "best P.q practice benchmark." While an increasing number attitudes around safe mobility. of jurisdictions may call themselves Vision Zero communities, the authentic and ongoing Afundamental part of this shift is moving from a commitment to the fundamental shift in safety traditional approach to a Safe Systems approach perspective can be uneven. toward traffic safety.A traditional approach accepts that a certain number of traffic deaths and severe The Vision Zero Network, with support from fib A injuries will occur as unavoidable consequences partners, developed this set of Vision Zero Core of mobility and focuses on changing individual Elements to help communities set priorities, behavior to reduce the frequency of these incidents. work toward tangible results in promoting safety, In contrast,Vision Zero is built on the basis that and benchmark their progress relative to best traffic deaths and severe injuries are preventable. practices.This resource encourages leaders to Vision Zero emphasizes a Safe Systems approach, which acknowledges that people make mistakes, focus on the most impactful actions and helps hold them accountable to their Vision Zero and focuses on influencing system-wide practices, commitments. policies,and designs to lessen the severity of crashes. o,� f 67 II Leadership and Commitment 1. Public, High-Level,and Ongoing Commitment. The Mayor and key elected officials and leaders within public agencies, Equity and Engagement including transportation, public health, and police, commit to a goal of eliminating traffic fatalities and serious injuries within a specific Elevating equity and meaningful timeframe. Leadership across these agencies consistently engages in community engagement, prioritizing safety via a collaborative working group and other resource- particularly in low-income sharing efforts. communities and communities of color,should be a priority in all 2.Authentic Engagement. Meaningful and accessible community stages of Vision Zero work. engagement toward Vision Zero strategy and implementation is employed, with a focus on equity. 3.Strategic Planning. A Vision Zero Action Plan is developed, approved, and used to guide work. The Plan includes explicit goals and measurable strategies with clear timelines, and it identifies responsible stakeholders. . Project Delivery. Decision-makers and system designers advance projects and policies for safe,equitable multi- modal travel by securing funding and implementing projects, prioritizing roadways with the most pressing safety issues. Safe Roadways and Safe Speeds 5. Complete Streets for All.Complete Streets concepts are integrated into communitywide plans and implemented through projects to encourage a safe, well-connected transportation network for people using all modes of transportation. This prioritizes safe travel of people over expeditious travel of motor vehicles. . Context-Appropriate Speeds.Travel speeds are set and managed to achieve safe conditions for the specific roadway context and to protect all roadway users, particularly those most at risk in crashes. Proven speed management policies and practices are prioritized to reach this goal. Data-driven Approach, Transparency, and Accountability 7. Equity-Focused Analysis and Programs. Commitment is made to an equitable approach and outcomes, including prioritizing engagement and investments in traditionally under-served communities and adopting equitable traffic enforcement practices. . Proactive,Systemic Planning.A proactive, systems-based approach to safety is used to identify and address top risk factors and mitigate potential crashes and crash severity. . Responsive, Hot Spot Planning. A map of the community's fatal and serious injury crash locations is developed, regularly updated, and used to guide priority actions and funding. 1 . Comprehensive Evaluation and Adjustments. Routine evaluation of the performance of all safety interventions is made public and shared with decision makers to inform priorities, budgets, and updates to the Vision Zero Action Plan. Read on for more information about implementing these Vision Zero Core Elements in your community. f 67 LEADERSHIP AND COMMITMENT 1. Public, High-Level,and Ongoing Commitment.The Mayor and key elected officials and leaders within public agencies, including transportation, public health, and police, commit to a goal of eliminating traffic fatalities and serious injuries within a specific timeframe. • Leadership across these agencies consistently prioritizes safety via a collaborative working group and other resource-sharing efforts High-level leadership and sustained political commitment are essential to Vision Zero success.The Mayor and t L , other key elected officials must set the tone and direction for Vision Zero and back up their words of eft commitment with action, reflected in spending decisions, policies, and practices that prioritize safety(even when this means a shift from the status quo). Following from this,the leaders of the public health, police, and transportation agencies should be closely involved with the day-to-day work of Vision Zero and ensure consistent interagency coordination. In short,a Vision «�t�A,4 " Zero commitment is only as strong as it is demonstrated in the actions of the leadershi r� Setting an explicit timeline for Vision Zero is part of this core element because it underscores the urgency of the issue, provides measurability,and incorporates the fundamental Safe Systems principle that these traffic tragedies are preventable. 2.Authentic Engagement. Meaningful and accessible community engagement toward Vision Zero strategy and implementation is employed,with a focus on equity. • Engage the community in meaningful, culturally-relevant ways and support involvement by respected community leaders • Prioritize support of communities most impacted by traffic crashes and most traditionally underserved by safety efforts Vision Zero efforts should meaningfully engage the »Collaborating with community members who community and prioritize equitable processes and are genuinely engaged in neighborhoods and who have outcomes.This is especially true in neighborhoods that strong connections with and respect of locals.These often bear the brunt of high-injury streets and where community leaders are likely to convey the experiences, community members may be grappling with the results hopes,and concerns of long-time residents in ways that of historic underinvestment in safe mobility,as well as traditional planning processes have not. a multitude of other,interrelated systemic inequities. Community input should be valued and incorporated into » Using this collaboration to inform project design Vision Zero planning and implementation. and implementation,not just as a "listening exercise". This includes: » Recognizing that coordination is work,for which community groups deserve compensation to >> Engaging sincerely and with cultural competence, support time commitment,expertise,and long-term recognizing and respecting the history,culture,and engagement. i in expertise of local communities. Vision Zeroi r to ie . 0�60 �qs 6f"167 3. Strategic Planning.A Vision Zero Action Plan is developed,approved,and used to guide work. The Plan includes explicit goals and measurable strategies with clear timelines, and it identifies responsible stakeholders. •The Action Plan and corresponding strategies are built on the Safe Systems approach by designing and maintaining a transportation system where human error does not result in loss of life or severe injury • Leadership across these agencies consistently prioritizes safety via a collaborative working group and other resource-sharing efforts The core element for leadership and commitment Vision Zero efforts from resulting in unintended recognizes that Vision Zero - starting with the consequences, such as racial profiling or inequitable Action Plan - is built on the Safe Systems approach, treatment of communities of color. which recognizes that people will make mistakes and that it is the responsibility of system designers and Clear ownership of Action Plan strategies is important policymakers to set practices and policies to lessen to achieving accountability and trust for Vision Zero's the severity of inevitable crashes. principles and outcomes. More about actionable strategies that have led to Vision Zero success in The Action Plan should include an explicit other cities are included in the Vision ZeroAction commitment and related actions to prevent Plan Guidelines. 4. Project Delivery. Decision-makers and system designers advance projects and policies for safe, equitable multi-modal travel by securing funding and implementing projects, prioritizing roadways with the most pressing safety issues. • Decision-makers provide leadership on policy reforms needed to prioritize safety • System designers are supported by city leaders to advance safety projects • System designers and decision-makers advance crosscutting measures to reduce car dependence, improve transit, and support safe walking and biking Vision Zero requires more than incremental, individual Increased Cycling behavior change. It requires political backbone to and Walking advance projects and policies that are proven to improve safety - particularly redesigning roadways and managing speeds - even in the face of opposition to change (e.g., removing parking spaces or reducing Safer,Healthier Reduced Vehicle speeds for safety benefits). Environment for All Travel Moving past the business-as-usual approach also Reduced Emissions means evolving beyond the cars-first attitude that has and Air Pollution dominated transportation policies and practices in the & past half-century. Research shows that encouraging Fewer Crashes multi-modal transportation reduces Vehicle Miles and Fatalities Traveled and Vehicles per Capita, the two strongest predictors of traffic fatalities. Cities serious about Vision Zero and livable communities are working to This will take a carrot-and-stick approach: investing in increase the proportion of non-auto trips by improving strong public transit systems and safe, interconnected and incentivizing u lictr Wait, walking, bicycling, and bicycling and walking networks;while disincentivizing ridesharing. single occupancy vehicle trips with such strategies as congestion pricing and smart parking pricing. FG(,�`r6 � 6 �b�4p4;; e o . 6f"167 SAFE ROADWAYS AND SAFE SPEEDS 5. Complete Streets for All. Complete Streets concepts are integrated into community wide plans and implemented through projects to encourage a safe,well-connected transportation network for people using all modes of transportation.This prioritizes safe travel of people over expeditious travel of motor vehicles. • Multimodal street design and countermeasures prioritize safety over speed • Safety improvements to roadways are prioritized for people walking and biking and in historically underserved communities Prioritizing proven engineering countermeasures and » Creating Slow Zones in areas with high multimodal street design is essential to safety. volumes of children, seniors, public transit users, commercial activity, pedestrian/bicycle activity. Examples include: Along with lower speeds, self-enforcing traffic » Using safe design measures such as advance calming measures help mark these areas as stop or yield lines, high visibility crosswalks, lane different and thus encourage safe behavior. narrowing, pedestrian refuge islands and medians, and physically separated bikeways. More measures Work toward Complete Streets should prioritize the - and examples from cities that have implemented protection of physically vulnerable road users and them - are described in NACFO designguides, investment in historically disadvantaged communities. the Traffic Safgy Best Practices Matrix, and the Performance measures for Complete Streets should FHWA i � _ 1 ` 1 r s resource. include consideration of these communities of concern. Read more on the fundamentals of Com1 elementsfrom the Complete Streets Coalition. 6. Context-Appropriate Speeds. Travel speeds are set and managed to achieve safe conditions for the specific roadway context and to protect all roadway users, particularly those most at risk in crashes. Proven speed management policies and practices are prioritized to reach this goal. • Roadways are designed (or redesigned) to prioritize safety over speed • Speed limits are lowered where data and community experience show need • Automated speed enforcement is implemented where needed, with strategies to address disproportionate impacts on low-income communities High speeds make crashes more H _and more and adding self-enforcing traffic calming measures to likely to be deadly.An effective Vision Zero program must encourage safe travel speeds. manage speed in order to reduce severe and fatal traffic injuries. Efforts to influence individual behavior primarily with »Change policies to align with safety goals,including education and enforcement campaigns have fallen short. setting appropriate speed limits,particularly where motor vehicle traffic is mixing with those walking and biking. Addressing speed requires changing organizational practices and reforming policies. Existing practices,such as designing » Implement automated speed enforcement where roads for inappropriately high speeds and setting speed needed,incorporating strategies to measure and address limits too high,often prioritize moving more cars over the disproportionate impacts on low-income communities and safety of road users. others who may be overly burdened. Vision Zero calls on system designers and policymakers » Raise awareness about speed as a primary factor to better align our systems and policies with goals of safe in traffic deaths and injuries,similar to increased awareness speeds,including: about drunk driving. » Measure and analyze the scope of problem related to In many cases,State and Federal agencies influence inappropriate speeds,share this data to raise awareness, speed limits either directly or indirectly.While speed and develop measurable improvement strategies with management efforts may be time-consuming and politically timelines for action. challenging,it is critical to Vision Zero success.Cities facing barriers from other levels of government need to make the » Implement infrastructure changes to prioritize safety policy, legislative,or other changes required to advance over speed. Examples include reducing travel lanes proven speed management strategies. o,t<t FG66 �6 6f 67 DATA DRIVEN APPROACH, TRANSPARENCY, AND ACCOUNTABILITY 7. Equity-Focused Analysis and Programs. Commitment is made to an equitable approach and outcomes, including prioritizing engagement and investments in traditionally under-served communities and adopting equitable traffic enforcement practices. • Explicit commitment and actions prevent Vision Zero efforts from increasing disproportionate enforcement levels in communities of color • Any enforcement efforts within Vision Zero are focused on dangerous moving violations, as identified by quality data analysis Data and experience reveal that low-income communities and People Killed While Walking: communities of color carry a disproportionate burden of traffic- 9! related injuries and fatalities in the U.S.This is not arbitrary;it 0 " reflects patterns of historic under-investment and racial bias in some communities,particularly black,brown and immigrant communities,as well as low-income communities.Vision Zero to leaders need to recognize these disparities and to center equity in their work in clear and measurable ways to prevent traffic People Killed While Walking: safety efforts from having unintended,harmful consequences. The realm of traffic enforcement is a particularly timely and urgent area of attention. It is important that promoters of Gou° " Vision Zero acknowledge that officer-initiated traffic stops allow for higher levels of individual discretion and unintended Communities With Sidewalks: gateways to racial bias and even aggressive police action.Theme � v broader Vision Zero community has a role and responsibility in 1, improving,not exacerbating,these problems. � � + rk- Vision Zero focuses on Safe Systems,not more traffic stops. Cities such as Portland,Oregon are working to prevent over- Chance of Being Stopped and Searched: policing or racial bias from becoming unintended byproducts of xi their Vision Zero efforts. Portland limits enforcement actions in order to reduce the possibility of racial profiling and disparate `` economic impacts. s Newl%&rkrw,s I S explicitly excludes increased enforcement by police officers. It also offers education classes as alternatives to increased » Encouraging accountability by requiring regular discussions penalties for first time offenders. amongst policymakers and the public to address equity Similarly,any enforcement efforts included in Vision Zero disparities in efforts and results. strategies should focus on the most dangerous violations.An » Requiring equity-based trainings of Vision Zero staff, example is San Francisco's Focus an the Rye program,which including law enforcement officials,and including equity-based commits officers to focus on the five top roadway dangers,such measurements of their efforts. as speeding and violating pedestrians'right of way,rather than on"nuisance"issues such as broken taillights or tinted windows. » Investing in automated speed enforcement's proven safety effectiveness and lower risk of racial profiling.Efforts should be Other examples of focusing on equity concerns within Vision made to avoid disproportionate impacts of fines on low-income Zero efforts include: communities,such as setting up alternative fee structures. Requiring transparency,including analyzing and sharing data » Recognizing that we cannot enforce(nor educate)our on how traffic funding is spent and how traffic stops are way out of today's traffic safety problems,so we need to conducted and citations issued,including disaggregating stop better design roadways and manage speeds for safety. and citation data by race. Addl included in Vision Zeroi Strategies. 04§ 60" 67 . Systemic, Proactive Planning.A proactive,systems-based approach to safety is used to identify and address top risk factors and mitigate potential crashes and crash severity. • Data is used to identify trends of problems, which are addressed systematically rather than as isolated incidents Vision Zero's Safe Systems approach means For example, based on analysis showing a trend moving from purely rearward crash map reviews of left-turn vehicle movements being particularly to more forward-facing identification of problem dangerous on certain types of streets, New York areas and working to prevent severe crashes before City's Department of Transportation is proactively they happen. This means determining, analyzing, and addressing areas with proven countermeasures, addressing the underlying risk factors that influence rather than reacting to each individual problem after dangerous actions: the where, how, and why serious serious crashes occur. More examples of proactive crashes happen. approaches to addressing top risk factors are shared in this summary andi 9. Responsive, Hot Spot Planning. A map of the community's fatal and serious injury crash locations is developed, regularly updated,and used to guide priority actions and funding. • Top risk factors and locations of serious traffic crashes are identified, mapped, and utilized • Quality data on traffic deaths and serious injuries are posted publicly and updated regularly The community should develop a High Injury Network(HIN) of physically vulnerable populations and communities derived from quantitative("hot spot"problem locations)and traditionally underserved by traffic safety efforts. qualitative data(based on community input)to inform its Police-collected data should be supplemented with prioritization and implementation. information gathered by hospitals and emergency medical services.Analysis shows that people involved in Recommendations include: traffic crashes who are part of systemically marginalized Identify top risk factors and locations of serious communities are less likely to report traffic crashes and traffic crashes. that,when they do,their reports are less likely to be treated adequately. Increasingly,communities are supplementing Include equity-driven data(such as locations of low- their police crash records with public health data for a fuller income communities and communities of color)and picture,as described commit to prioritizing actions and funding in areas of overlap with the HIN. Include speed as a data layer.A large proportion Data can help identify of serious crashes occur on roads with higher speed limits disproportionate safety impacts - often arterials and state-owned roads-which require the aforementioned work on speed. 5% 5% 7% cb 2% Collaborate within and between city agencies. Work to address problems on the HIN is an important place to involve the Vision Zero Task-force. /° �' ODenver (DenverUtilize this information and coordination to rafficprioritize and implement strategies. % eaths Post and regularly update data on traffic deaths and % Ob serious injuries - beyond police reports. 15% For more information,see this `o O and r. 50 �o of Denver's traffic fatalities occur on just 5% of their streets Data anainri and public input should highlight unsafe locations,and this should be overlaid with locations (��`itr,��I� ""I �� 0 60 q7 6f x 67 10. Comprehensive Evaluation and Adjustments. Routine evaluation of the performance of all safety interventions is made public and shared with decision makers to inform priorities, budgets, and updates to the Vision Zero Action Plan. • Regular progress reports are produced and shared publicly • Use of pilot implementation and community feedback shape safety efforts Monitoring efforts and impacts, updating and sharing » Use comparative data to link social and data regularly, and institutionalizing Vision Zero in the environmental factors with traffic injury data to city's systems will help build trust and set expectations better understand connections and strategies for for accountability between key stakeholders. improvements. This includes: » Use temporary pilot programs or projects to test Proactively monitor, evaluate, and share progress, strategies within shorter timeframes and for less including regular public progress reports, such as cost investment. these from NewYorkCi andSeattle. NEXT STEPS We share these Core Elements recognizing Implementing Vision Zero requires 1) leadership the urgency of the issue before us: an average and commitment to safety, 2) implementing of 100 people lose their lives each day in this safe roadways and safe speeds, 3) ongoing nation in traffic crashes.This loss and suffering transparent use of data, and 4) centering equity is preventable, and we have a responsibility to and community engagement throughout. prevent these tragedies. Committing to and meaningfully incorporating We also recognize that resources, time, and these Core Elements can help Vision Zero political will are all limited. What we do matters. communities prioritize efforts, benchmark Vision Zero is not just a tagline, not even just a progress, set expectations, and ensure program, but rather a fundamental shift in how accountability. Each Core Element is important to our communities approach the issue of safe advance the ultimate goal of safe mobility for all. mobility.To make a real difference, it will take a firm commitment to change. 6.E. Consent Agenda 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Proposed Resolution No. R20-014-Authorize the City Manager to sign an Interlocal Agreement with the Board of Commissioners, Palm Beach County, for the use of EMS Grant Funds for Emergency Medical Services Equipment for purchase of one (1) large Narcotic Security box and one (1) small Narcotic Security box. The purchase will be made through CompX Security Products, Grayslake I L. Explanation of Request: The grant is for purchase of one (1) large Narcotic Security box and one (1) small Narcotic Security box will will improve the manner in which the fire department complies with state and federal regulations in storing narcotics. How will this affect city programs or services? The purchase will streamline and provide complete chain of custody information on narcotics, users, and consumption. Fiscal Impact: Non-budgeted There is no fiscal impact. Grant award amount is $9,000.00 (no matching required) Alternatives: Do not accept the grant Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Yes Grant Amount: $9,000.00 Page 99 of 167 ATTACHMENTS: Type Description D Resolution Resolution appro\A ng ILA with P B C for grant purchase of two Narcotic Security boxes D Addendum Grant Award Letter D Addendum I nterlocal Agreement D Addendum Narc I D Information Page 100 of 167 1 RESOLUTION R20- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO SIGN AN INTERLOCAL AGREEMENT 7 WITH THE BOARD OF COUNTY COMMISSIONERS, 8 PALM BEACH COUNTY, FOR THE USE OF EMS GRANT 9 FUNDS FOR EMERGENCY MEDICAL SERVICES 10 EQUIPMENT FOR ONE (1) LARGE AND ONE (1) SMALL 11 NARCOTIC SECURITY BOX; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, the grant award is for the purchase of one (1) large Narcotic Security box 16 and one (1) small Narcotic Security box which will improve the manner in which the fore 17 department complies with State and Federal regulations in storing narcotics; and 18 WHEREAS, the purchase will streamline and provide complete chain of custody 19 information on narcotics; and 20 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 21 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton 22 Beach to approve and authorize the City Manager to sign the Interlocal Agreement with Board 23 of County Commissioners of Palm Beach County for the purchase of one (1) large and one (1) 24 small Narcotic Security box. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach hereby authorizes the S:ACA\RESO\Agreements\ILA with PBC for EMS Grant Funds(2020)- Reso.docx Page 101 of 167 31 City Manager to sign the Interlocal Agreement with Board of County Commissioners of Palm 32 Beach County for the purchase of one (1) large and one (1) small Narcotic Security box, a copy 33 of said Interlocal Agreement is attached hereto and made a part here as Exhibit"A". 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of February, 2020. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Vice Mayor—Justin Katz 43 44 Commissioner—Mack McCray 45 46 Commissioner—Christina L. Romelus 47 48 Commissioner—Ty Penserga 49 50 51 VOTE 52 53 ATTEST: 54 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 61 62 (Corporate Seal) 63 64 S:ACA\RESO\Agreements\ILA with PBC for EMS Grant Funds(2020)- Reso.docx Page 102 of 167 PAC11 ZOJt 1) All Departments: Department of Public Safety Division of Emergency Management This year the Department of Public Safety was awarded $155,993 in EMS 20 S. Militar\ Frail grant funding. The grant committee met on September 19, 2019 and Wc,,t Palm Beach. FL ;;4I i reviewed each of the needs assessment forms that were submitted. (561) 712-6400 included are your two "Interlocal Agreements for the use of EMS Grant I ax: 061)712-6464 funds for EMS Equipment." These are considered "original copies", please OcLu)% corn obtain the appropriate signatures for the contract and return both "original copies" to 20 South Military Trail, WPB FL 33415 ATTN: Lynette Schurter. Contracts (originals) need to be returned by March 1, 2020. Palm Beach County It will take 4 to 6 weeks to get approval on our end. Board of County' ❖ You should be able to spend by the middle of April but we will let you Commissioners know for sure. Daw Kemer, Mwor You will then have until December 30, 2020 to submit for your Robert S. Weinroth,Vicc VIawr reimbursements. Hal R. Valeche Further, if applicable, if you have not already submitted a Resolution from Gre_n_, K. Weiss your Governing Board, kindly proceed to obtain same prior to making the 'O,ir\ Lou 13er2er purchase certifying that monies from the Grant Award will: LCelitisa McKinla% Improve and expand pre-hospital services in that coverage area; Mack i3emard Not be used to supplant existing provider's budget allocation; ❖ Meets the goals and objectives of the EMS County Grant Plan. Needed for reimbursement: Countv Administrator 1. Cover letter requesting reimbursement (with amount) Verdenia C. Baker 2. Purchase orders 3. Invoices from external vendors 4. Cancelled Checks 5. Training log/report If you have any questions, please feel free to contact me, Aclion Thank you, Lynette Schurter, EMS Specialist Wk# 561-712-6696 Cell# 561-7017-7835 Page 103 of 167 INTERLOCAL AGREEMENT with CITV0F BOYNTON BEACH FOR EMS GRANT FU'NDS THIS INTERLOCAL AGREEMENT (-'the Aureement") is made as ofthe dad of' 2020. bv and between the Board of Countv Commissioners, Palm Beach CountN a political SUb- division of the State of Florida (herein referred to as "COUNTY-'), and the City of Boynton Beach, a municipal corporation of the State of Florida (herein referred to as ­Cl_I_Y­)_ each one constituting a public entity as defined in Part I ol-Chapter 163- Florida Statues. WITNESSETH WHEREAS. Section 163.01- Florida Statutes. knokNn as the "Florida Interlocal Cooperation Act of 1969" authorizes local uym,ernments to make the most efficient use of their po%Ners b\ enabling them to cooperate with other localities on a basis Of Mutual advantage and thereb% to provide services and facilities that �N ill harmonize geographic. economic, population and other factors influencirio the needs and development of local communities. and WHEREAS. Part I of Chapter 163. Florida Statutes, permits public agencies as defined !7 therein to enter into agreements �,lth each other to jointly exercise anti: po�Ner. privilege. or authont" \0ich such agencies share in common and x0ich each ml,-Yht exercise separate]\, and WHEREAS, the Department of Health, Bureau of Emer0enc% Medical Services (--DOVIEMS-) is authorized bv Chapter 401. Part 11, Florida Statutes- to dispense pre-hospital ernerocnev medical services grant funds ("EMS Grant") thrOLK_,hout the State to improve and !7 27, - expand pre-hospital emergency medical services, and WHEREAS. Forty-five percent(45"%)of EMS Grant funds are divided among the counties to he used by each county for its EMS needs including Using the EMS Grant funds for reirnhursement or expenditures of]icensed emergency medical ser-\,ice providers: and WHEREAS, the (ITN' has requested the COUNTY disburse a portion of the FY2019-2020 EMS Grant funds to reimburse the Cit?; for its purchase of one (I) Large Narcotic Security Box and one (1) small Narcotic Security*, Box (to-ether -,EMS Fquipment­) and WHEREAS, the CITY agrees to accept said reimbursement for ENIS Equipment Linder the terms and conditions of the EMS Grant and this Agreement. Novi, therefore. in consideration of the mutual promises contained herein. COUNTY and CITY agree as follok\,s: ARTICLE I - RECITALS The abox c recitals are true, correct and incorporated herein. Page I of`7 Page 104 of 167 ARTICI,E 2 - ILEI RESENTATIVE/MONITORING POSITION The COtJNTY'S representative/Agreement monitor durino the term of this A�c-,recment shall be Sall\ 1A,,'a1te. ,Miose telephone nUrnber is (561 ) 712-6484. The CITY representatj\re.:contact monitor during the term of the Agreement shall be lvlatthek Petty whose telephone number is 561-74-1-6326. ARTICLE 3 — RVAMBURSMENT OF CITY 'The COUNTY awrees to reimburse the CITY for CITY purchased EMS Equipment from the COUNTY'S FY-2019-2020 EMS Grant funds in an amount not to exceed nine thousand dollars (9000.00). The CITY shall purchase the EMS Equipment and submit the required purchase documentation for reimbursement (referenced in Article - 4) to the COUNTY Representame at least ninety (90) dans before the expiration of the l"Y2019-20-20 1--,IMS Grant. Approved documentation will be processed b% the County Finance Department for payment to the CITY. ARTICLE 4 - GWANT PROGItAkM REQUIREMENTS CITV SHALL: A. Complx with general requirements oCC0t-.jNTY and the conditions ofthe EMS Grant. B. Submit to the C0t.jNTY Representative on or before December 31, 2020 copies of paid receipts. invoices. or other documentation acceptable to the Palm Beach Count\ Finance Department to establish that EMS Equipment vvas purchased b� the CITY. C. lmmedlatekr return the purchased EMS Equipment, to the COUNTY should the CITY cease to operate its pre-hospital erneroerie-v medical services during the life octhe EMS FgUi pwent. D. Submit a training report to the COU'NTY'S Dig;inion off"mergenc-, Nvlanaoernent to include a sign in sheet. date- title and contact number of the persons trained in use and operation of the FMS Equipment if applicable, within 90 days of the effective date of this Agreement. This report shall include all ofthe necessary training provided I-or the EMS Equipment. It is the responsibility of the CITY purchasing the EIMS Equipment to provide the irairi'm-,- The CITY'S I"ailure to satisfactorily complete the trainIng, in the timeframe provided shall constitute a material breach of green-icrit. As Such. COUNTY may terminate this Agreement and demand return of`the F�MS Equipment. ARTICLE LIABILITY E'ach party to this Agreement shall be liable for its own actions and ne-li-ence. To the extent permitted by law. and solely within the limits established by Section 768.28. Florida Statutes. the CITY agrees to indemnify. defend and hold harmless the COUNTY a0ainst any actions. claims demands, costs or damages arising Out of the CITY'S use, care and/or maintenance of the EMS Equipment. This pro\ision does not constitute consent oCeither parte to be sued hN third parties and is not to be construed as a vkaiver of either partN's soNereign 1MML1111tN. Pa-e 2 of 7 Page 105 of 167 ARTICLE 6— FILING A copy of this Agreement will be filed kith the Clerk of` the Circult Court in and t"(,)r Palm Beach County. ARTICLE 7 - AVAILABILITY OF FUNDS The CW,.­N'I'Y`1-, performance and obligation to reimburse the CITY Linder this Agreement is contingent upon availabiliv, offY_10 19-2020 EIVIS Grant funds. (mooing, costs for FIMS Equipment - Z:� - including. but not limited to, operation. use. maintenance and replacement. is the responsibility of the CITY and �N,111 not be funded under this ,agreement or the AVIS Grant program. Z7 ARTICLE 8— REMEDIES I-his Arreement shall be uoverned by the la,,vs of the State of Florida, Am: legal action necessary to enforce the Agreement will be held in Palm Beach County. No rerned% herein conferred upon an\ part.' is intended to be exclusive of ariv other remedv. and each and eNer\ Such remed\ shall be cumulative and shall be in addition to every other rerned\ -,I\en hereunder or novv or hereafter existing at lar or in equity, by statute or otherti�lse. No sin,,,,Ie or partial exercise by ani, part, of anright. power. or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended to. or shall he construed to- create am third party beneficiar\ or to provide am r1uhts to any person or entitx not a party to this Ao lU reement- ine di 111 or but not limited to any citizen or employees of the COL'Nl and/or the CITY. ARTICLE 9— ARREARS The C I TY shall not pledge the COUNTY'S credit or make it. a (ivarantor o t'pa-,,ment or SUret\ for an\ Agreement. debt. obligation, udgJment, lien, or any form of indebtedness. The'(TFY further warrant s _ =, and represents that it has no obligation or indebtedness that would impair its ahilit\ to fulfill the terms of this Aureement. ARTICLE 10 - ACCESS AND AUDITS The (.'ITY shall maintain adequate records to justify all charges. expenses. and Costs Incurred in estimating and perforrrun,, the �kork for at least three (3) years after completion or termination of this A-reement. The COUNTY shall haN e access to such books_ records, and documents as required in this section Cor the purpose of inspection or audit dun'n,, normal business hours. at the CITY'S place of business. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code. Section ?-421 - 2-440. as ma\ be amended. The Inspector General's authority includes but is not limited to the povver to rex iev." past, present and proposed County contracts, transactions, accounts and records, to require the production of records. and to audit. investigate. monitor, and inspect the actin ities of the CITY, its officers. agents.employees, and lobbyists in order to ensure compliance with Agreement requirements and detect corruption and fraud. Failure to cooperate �,vith the Inspector General or interfering voth or impeding an\ in,,estioation shall he in violation of Palm Beach COUntv Code. Section 2-421 -2-440_and punished Pursuant to Section 125.69, Florida Statutes, in the same manner as a second de,-tree misdemeanor. Pa-e 3 of 7 Page 106 of 167 ARTICLE I I — NONDISCRIMINATION The COU:QTY is committed to assuring equal opportunity in the a%,,-ardof contracts and cornp I ies �\ith all laws prohibiting discrimination. Pursuant to Palm Beach Count\- resolution 820 17-1770, as rria\ be amended. the CI'TY warrants and represents that throughout the term of the Agreement. 'InClUdlino an\ renewals thereof, if applicable,all of its emplwees are treated equall� during employment without re,yard to race. color. religion. disability. sex, alye, national orium. ancestrv. marital status, familial Status. sexual orientation. -ender iderititv or expression, o,r genetic information. Failure to rnect this requirement shall be considered default of the Agreement. ARTICLE 12- AL"THORITN' TO PRACTICE The CITY herebN represents and warrants that it has arid. "III continue to maintain all licenses and appro\als required to conduct pre-hospital emergency medical services during the life of the equipment, Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. ARTICLE 13 — SEVERABILITY If any term or provision of this Agreement. or the application thereof to an', person or circumstances shall. to any extent, be held invalid or unenforceable, the remainder of this Aoreement. or the application of such terms or provision, to persons or circumstances other than those as to r'khich it is held invalid or unenforceable- shall not be affected. and every; other term and provision of this Agreement shall he deemed valid and enforceable to the extent permitted ba law. ARTICLE 14 — NOTICE All notices required in this Aoreement shall be sent by certified mail. return receipt requested, hand delivery or other deliker-,, service requiring signed acceptance. It' sent to the COUNTY, notices shall be addressed to: SAN, Waite. EMS Manacer 20 South lkfilltar�, Trail WI1B, FL 33401 With copy to: Palm Beach Countti Attornev's Office 301 North Olive Ave. -- 6th Floor West Palm Beach, Florida 33401 If sent to the CITY. notices shall be addressed to: Matthexv Petty Interim Chief 2080 I-li(,h ride Road 1 Bovnton Beach, FE 34_26 Page 4 of 7 Page 107 of 167 ARTICLE 15 - INSURANCE Without vtiaiN int, the ri,-,ht to so\ereiiin imJ11Unit-\ as provided b% section 768.28, Florida Statutes, (the --Statute-'). the CITY represents that it IS Self-insured with co\erage sub'ject to the limitations of the Statute. as rna,, be amended. If CITY is not self'-insured. CITY shall. at its sole expense- purchase and maintain in full force and effect at all times di-inno the lIt`c ot'this A(_,reement. ILISUranceco%cra,-ye at limits not less than those contained in the Statute. Should CITY purchase excess liabilit,,, coNerage. CITY aujces to include COUNTY as an Additional Insured. The CITY agrees to maintain or to be SCIf-111SUred for 'Workers' Compensation Insurance in accordance kN ith Chapter 440. Florida Statutes. Should CITY contract v�1th a third-partti (Contractor) to perform any serve ice related to the Agreement.CH-Y shall require the Contractorto provide the follo�kmg minimum insurance; • Commercial General Liability insurance kith minimum limits of S1.000.000 combined Simile limit fo,r property damage and bodll% IqjLII_N1 per occurrence and S2.000,000 per ag-regate. Such pollc% shall be endorsed to include CITY and COUNTY asAdditional Insureds. CITY shall also gation a(,arnst COU'NTY. require that the Contractor Include a 'W'aiver Of SUbrot, :7� • Business Automobile Lability insurance with minimum limits ot'51.000.000 combined sinale limits for property damage and bodily injury per occurrence. • 'Workers' Compensation insurance in compliance \AJth Chapter 440. Florida Statutes, and which shall include coverage for En­iplo%er*s Liablllt\ .kith minimum limits of' $1.000.000 each accident. W"hen requested. the CITY shall pro\Ide an affidavit or Certificate of Insurance e\iderrcing insurance or self-insurance. Compliance \kith the foregoing requirement shall not relieNe the CITY ol'its liablllt% and obligations Linder this Agreement. ARTICLE 16 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUN I'N' and the Cl FY aaree that this A,-,reement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the pro4isions. terms and conditions contained in this Agreement mabe added to- modified. Superseded or othen,�1 se altered. except b), written instrument exec uted bN, the parties hereto. ARTICLE 17 - EXPIRATION OF AGREEMENT This Agreement shall aLltOmaticall\, expire in five (5) dears ['rorn the ef'fecme date or upon the expiration oil'the life of the FiMS Equipment. whichever comes first- in accordance %vJth the State EMS Count-, Grant Pro�ram. At such time. the CITY ma% dispose of said EMS Equipment as surplus property ,pith no further municipal put-pose. ARTICLE 18 - EFFECTIVE DATE This Agreement Shall become effective on the date indicated in the First paragraph of this Aoreement provided the Aoreernent has been executed bv both the COt-INTY and the CITY. I I au e 55 o f 7 Page 108 of 167 ARTICLE 19 - PUBLIC RECORDS Nom ithstandinu, anythim.), contained herein, as pro%ided tinder Section 119,0701. F.S- if the CITYi (i) provides a ser,,ice: and (ii) acts on behalf of the County as prox ided tinder Section 119.011(2) FS- the CITY shall comply skith the requirements of Section 119.0701. Florida Statutes, as it rna,, be amended from time to time The CITY IsspecificallN required to: Keep and maintain public records required by the County to perform services as provided tinder this Agreement. B. Upon request from the COLUM"S Custodian of Public Records, provide the County with a copy of the requested records or allo\,\ the records to be inspected or copied I thin a reasonable time at a cost that does not exceed the cost pro%ided in Chapter H 9 or as otherwise provided by lakL. The CITY further agrees that all feeschar,,cs and expenses shall be determined in accordance 4xith Palm Beach Count% PPM CW- F-002. F`ees Associated ,%-Itll Public Records Requests. as it ri-lad he amended or replaced from time to time. C. Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by la�� for the duration of the Agreement term and follo,,%in(-) completion of the Aoreement. i1' the CITY does not transfer the records to the public agyencx. D. Upon completion of'the Agreement the CITY shall transfer, at no cost to the CoUntv. TY I County"s all public records in possession of' the CI unless notified b\ C - representative/liaison. on behalf of the Count\"s Custodian ot'llublic Records. to keep and maintain public records required by the CouritN to perform the service. It" the CITY transfers all public records to the Count',' upon completion of`the Aureernent. the CITY shall destroy an,, duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the CITY keeps and maintains public records upon completion of the Agreement- the CITY shall meet all applicable requirements for retaining public records. All records stored clectronicall\ by the CITY Must be provided to COLintNr, upon request of the Coupty's Custodian of Public Records, in a format that is compatible with the inf'ormation technolo-, s\-stems of County', at no cost to Count\. Failure of the CITY to comply with the requirements of this article shall be a material breach of this k-regiment. Count\ shall hate the ri(-,ht to exercise anti and all remedies available to it. InClUdinu) but not limited to, the rioht to terminate for cause. CITY acknoxvled(-,es that it has familiarized itself with Zl - the requirements of Chapter 119. F.S., and other requirements ofstate laky, applicable to public records not specifically set forth herein. Paue 6 of 7 Page 109 of 167 IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CITY'S DUTY TO, PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BY E-MAIL AT R�ECOR�DSRVEST'd PBCG0X'.0RG OR BY TELEPHONE AT -561-3:55-6680. ThIE RE-VLAlXDER OF THIS P.4(.;E LIN'TE-VT10:VALLI'LEFT BL.T\'K Page 7 ot'7 Page 110 of 167 IN WITNESS WHEREOF, the Board of Count. Commissioners of Palm Beach County- Florida has made and executed this Aoreement on behalf of the C01.."NTY and CITY has hereunto, set its hand the day and year above w�ritten. PALM BEACH COUNTY CITY OF BOYNTON BEACH BOARD OF COUNTY COMMISSIONERS BY ITS COUNTY ADMINISTRATOR B v: B%: Verdema C. Baker GtN Representative County Administrator APPROVED AS TO FORM APPROVED AS TO FORM AND LEGAL SI."FFICIENCY AND LEGAL SUFFICIENCY By B\ : Asst, Count\ Attorne\ Citi,_.,worne-, APPROVED AS TO TERMS APPROVED AS TO TERMS AND CONDITIONS AND CONDITIONS B B\ : Department Director Cite Representative Page 8 ot'7 Page 111 of 167 - i �`�1 t}it nf�<S� fi y 7 - ��}��r � y l' it tst�`ttii�c�t,p ... `�-;ys-•__. t 2 s, S _ Yifl ar+�} I a k s tt,(� � , ii ' tY t {4is itik ate t I oit, t �w �dt ra,t - 1 - -�`"-- `1 �it P y S Sty ti}i ss{s r 6}3�j}il tyty t tYl ilii{))�y�St ,i i n a„ yet 3 ! y 1 � s Drug tote holds capsules in the correct position NEWIN to be scanned by RFlD ' tag on top of caps NARC BoxY 4withNARC OID {�ts it �;attf�;i yi 4P.,1 The NARC M Inventory Control e fSystem uses RFID tags and provides complete chain t of custody information on N", . narcotics, users, vehicles _ l t' and consumption. 1 { s i �}rtG�Nr t • Provides tracking information for narcotics Patent � �� �si,tt: ' pending if I lrli{tti,1{`sit`c, Auto enrolling of drugs 3izti a COMPXRetarder#:F2644-028 Fpr more information, cull 847.752.2500 or Visit Copyright 2019 O CompX Security Products j 847.752.2500/ compx.com / 715 Center St.,Grayslake,IL 60030 SECURITY PRODUCTS Ea'Ul./TS /any companies and/or products referred to nerein are mwks or registered trademarks of their respective companies,owners and/or mark holder, �t ,r ❑ems `rbi 2 ,I 1 Gtl # Provides complete chain of custody information on narcotics, users„ vehicles and consumption # Provides DEA compliance a • Custom programmed tags provide automatic recognition of narcotic type and quantity no user input required • Tamper evident capsules hold narcotics LockViewO softwaW features: and are color coded for easy identification • Tracks narcotic consumed and ties it O Drug Tote ensures accurate reading to the personnel accessing the MARC Box of all RFID tracking tags • Automatically enrolls and translates • Works with the 300 series CompX eLock. the narcotic name into the software • Manual inputs:. • Audit trails identify user, date, time of entry and narcotic consumed o Drug manufacturer • Allows input of the following narcotic conditions: (i) Lot number ,; Incident number Broken Expiration date �� ,,' Expired Lost Date added «� ratios a features: � Date consumed x • Factory installed CompX eLock Minimum System Requirements # heavy duty construction: seam welded 14 gauge steel Windows Vista, 7„ 8, 8.1, 10, server 200812012 and R2 versions. 4GB RAM - Processor 2.0 GHz or higher. (8GB # Scratch-resistant powdercoated finish recommended) 4GB Hard drive space. SQL Server Standard, Enterprise,orSQLExpress 2008/2012/2014 and R2 versions. • Built-in 12V-911 converter allows for dedicated Ifinstalling Leckviewonthe Microsoft SQL Server please follow power on-board EMS vehicles Microsoft SQL's minimum requirements. ODBC connection required to server Local Administrator Rights are required to • Auto-relocking door with mechanical key override install and register the software..Net 4.0 Client Framework. LockView software sold separately • Door position switch provides alert notifications eLock features: # Provides an audit trail of access attempts ----��.- # Uses existing credentials: Prox cards, Smart cards and Keypad access # eLocks also available for retrofit on existing I narcotics boxes and cabinets 10.63114 i (�p y NARC qyy Y Y - • O VA with NARC iD Drug \1 Patent pending installed "rate Capsule "dial Reorder#:F2644-028 (:bmlpX,,, For more information,calIS47.752.2500 or visit compxnarcid.com Copyright 2019 t CompX security Products/ 847,752.2500/ compx.corn / 715 Center St.,Grayslake,IL 60030 SECURITY PRODUCTS Any companies and/or products referred to herein are marks or registered trademarks of their respective companies owners and/or mark holders. Page 113 of 167 Y� 1 c i tA 1 U) c� 4 1 F ca c Cc) E c �-m ifl (D 5'7 ( � 4QS � Cl) , (D _ t cz I �y 5.7.... 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Explanation of Request: The City Commission met on January 21, 2020 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 records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Non-budgeted N/A Alternatives: Do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes Minutes 01-21-2020 Page 119 of 167 Minutes of the City Commission Meeting Held in the Intracoastal Park Clubhouse 2240 N. Federal Highway, Boynton Beach, Florida On Tuesday, January 21, 2020, at 5:30 p.m. PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner- arrived 5:46 p.m. Crystal Gibson, City Clerk Christina L. Romelus, Commissioner-arrived 5:34 p.m. Ty Penserga, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. Invocation —Pastor Rodney Wilkinson of Gospel Fellowship. Pledge of Allegiance to the Flag was recited in unison. Roll Call City Clerk Gibson called the roll. There was a quorum. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to add announcement 3-E, Four Chaplains Event. 2. Adoption Motion Commissioner Penserga moved to approve the agenda as amended. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz joined elected officials in Tallahassee for Palm Beach County Days. Page 120 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Commissioner Penserga enjoyed the Martin Luther King (MLK) event at Sara Sims Park. He thanked staff for their hard work. Mayor Grant noted on January 9th, he met with representatives from Memory Trees. January 12th, he presented a proclamation to honor Haitian Earthquake Memorial Day at a Soul Seti, given by Commissioner Romelus. He attended the Palm Beach County Days in Tallahassee, Florida and used the Greyhound as his mode of transportation. Suggested the City of Boynton Beach look into expanding bus travel; Brightline has not informed the City of having a station in Boynton Beach. Indicated he spoke with Glen Flobes of Palm Tram trying to create a bus rapid system within the City, with different stops in downtown, the mall, and Tri-Rail to name a few places. The City can decrease traffic. Gave a big shout out to staff for the wonderful job for the MLK event. Spoke with Mark Hefferin of E2L. Commissioner Romelus thanked the Mayor for presenting the proclamation honoring the Haitian Earthquake Memorial, which is the 10th anniversary of the earthquake that hit Haiti in 2010. Had the privilege to help host a four-day conference that united several Haitian officials from USA and Haiti. The MLK event was a great event. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Announcement by Assistant Recreation & Parks Director Kacy Young about the Oceanfront Bark event, which will be held at Oceanfront Park on Saturday, January 25, from 9 am to 12 noon. Kacy Young, Assistant Director of the Recreation & Parks Department, announced the Oceanfront Bark event welcomes all well-behaved dogs to "paw ty" on the beach. Dogs will be allowed off leash in designated areas on the beach and in the water. Dogs will be required to stay within the temporary fencing installed at the south end of the beach, and just south of the middle beach access ramp. Dogs must be appropriately licensed and will be asked to leave the park if acting aggressively. B. Announcement by Recreation & Parks Director Wally Majors about the 5th Annual Joe DiMaggio Children's Hospital Magic Wheels & Special Deals event and the 8th Annual Barrier Free 5k Run, Walk & Roll. Wally Majors, Director of the Recreation & Parks Department, said the City is hosting the 5th Annual Magic Wheels & Special Deals event, sponsored by Joe DiMaggio Children's Hospital as well as Home Depot. Explained the Magic Wheels and showed past recipients. The event will be held at Barrier Free Park (3111 S. Congress Ave.) on Thursday, February 6, beginning at 6 p.m. Several local organizations and vendors representing and supporting individuals with special needs will be participating. The highlight of the evening will be the unveiling of the Magic Wheelchair, which this year is being built for Amir Diejuste, a six-year-old boy who was diagnosed with cerebral palsy 2 Page 121 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 when he was two. Despite his physical restrictions, he remains cheerful, playful and eager to learn. Mr. Majors stated on Saturday, February 8, beginning at 7:30 a.m at Barrier Free Park, the Department is again collaborating with the Broward, Palm Beaches & St. Lucie Realtors and the Greater Boynton Beach Foundation to host the 8th Annual Barrier Free 5k Run, Walk & Roll. The City of Boynton Beach is a City that is about inclusion. Mayor Grant asked if dogs were allowed at the 5K event and Mr. Majors replied no. C. Announcement the Federal Emergency Management Agency (FEMA) has released of preliminary updated coastal Flood Insurance Rate maps (FIRMs) for Palm Beach County. Angela Prymas, Senior Engineer-Utilities, noted on December 20, 2019, FEMA released preliminary coastal Flood Insurance Rate maps (FIRMs) for Palm Beach County. FEMA has scheduled information meetings in West Palm Beach: Tuesday, February 4, 2020 and Wednesday, February 5, 2020. Indicated after the public meeting, there will be a 90- day period of appeal and comments. After FEMA addresses the appeals and comments, they will issue a final map and the city would have 6 months to adopt the maps. If the current preliminary maps are adopted, the city would have an increase of 3 feet in the 100-year elevation. Mayor Grant asked if this means the City needs to be above sea level by 3 feet. Colin Groff, Assistant City Manager, responded FEMA would increase the current number by 3 feet. He explained if the current number were 5 feet, it would increase to 8 feet. Ms. Prymas stated the new coastal maps are increasing the elevation and extent of the current Flood Hazard Area (areas with a 1% and 0.2 % annual chance of flood hazard, also known as the 100-year and 500-year flood). In Boynton Beach, areas east of Federal Highway will increase up to 3-ft. i.e., refer to Panel 0791 — to the west of the inlet along the coastal areas of the City. Proposed Zone AE (EL 10 ft.) currently EL 7 ft. Commissioners Romelus asked what does this mean. Mr. Groff stated it would affect the flood insurance rates. Indicated with new construction or rebuilding a home, the finished floor elevation would need to be some feet higher than those homes surrounding the home. D. Present an update concerning the Town Square project. Colin Groff, Assistant City Manager, Mark Hefferin, E2L Real Estate Solutions and John Markey, JKM Developers will present. 3 Page 122 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Colin Groff, Assistant City Manager, stated the City is under budget and on time. Still ahead of the official schedule. Mark Hefferin, E21- Real Estate Solutions, said signage and way find decision being finalized, Utilities and Roadwork complete — SE 1st Street. The Kapok Park with sidewalks. All furniture delivery targeted to begin in April 2020. The Fire Station is scheduled for completion March 31, 2020. The information Technology Department is working with E21- to complete the installation. Police station storage building is complete; the sidewalk, pavement coordination with the EOC is underway. The preparation for the Art Work is to begin in March or April. The ceilings and lighting are installed. The move- in target date is April 30, 2020. The district energy system is tested and functional. The North Garage is ready for construction. The hotel site is ready; Entrance road from Boynton Beach will be the City Right-Of-Way. The turning lane for Boynton Beach needs FDOT approval. South Garage permit approved, ready for pick up. There is an agreement for the JKM site currently used for Children Museum parking. John Markey, JKM Developers stated everyone is aware JKM Developers missed their date. Indicated JKM is rescheduled start February 2020, and assured the Commission this date would not be missed. Requested staff help with a temporary Certificate of Occupancy. Explained construction for the apartments cannot begin until the garage is completed. Mayor Grant asked about the north garage. Mr. Markey stated the north garage has been accelerated and refinancing is approved for the north garage. Commissioner McCray thanked Mr. Markey for being honest. Vice Mayor Katz asked the reason for missing the target date for the garage on the south side. Mr. Markey responded there is no one responsible for the delay but him. He stated the construction market is challenging, they are struggling to get prices especially with the Electrical, Mechanical and Plumbing (EMP). He is confident they would resolve those issues with the construction challenges within the next two weeks. Vice Mayor Katz asked if there were any reason why the March 1 date would not be met to begin construction. Mr. Markey indicated he does not see any reason, and has given himself additional lead way to the March 1 start date. Vice Mayor Katz understood additional financing has been received. How much more financing is required? In addition, inquired if additional financing is needed to complete the garage, or is this financing for the residential component on the south end. Asked if the financing would impede the construction of the garage. Mr. Markey stated this would be a $15M package for the garage and the apartment component. There would be a need to finance the south garage and the south apartments. 4 Page 123 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Vice Mayor Katz stated the garage would not be open to coincide with the opening of City Hall and the Library. Asked for clarification on a contingency plan on the parking. How many public spaces and where would this parking area be located? Asked if the contingency plan is sufficient to address the needs the garage would have. Mr. Markey stated yes and indicated they are working on a contingency plan. What they have was foreseen. There are five separate agreements/contracts and in the entire document, there is already a contingency plan in place. They are prepared to move forward. Vice Mayor Katz asked what can be done with the north garage; what can be done if there is an issue with keeping with those timelines? He said he does not want one delay to cause delays on the north side. Mr. Markey indicated it is to accelerate getting the North Garage construction done. Indicated everything relies on the garage. They have market studies, and the market cannot absorb another 500 units at one time in one location. These buildings were planned to come in a sequence. Vice Mayor Katz requested the developers to be cognizant of the north garage. Asked when could the City gain ownership of the North Garage. Mr. Markey responded it has not been finalized whether it would become City property or remain private property. Vice Mayor Katz asked if the city were to gain ownership and become more financially involved, it would accelerate the north end because the garage would no longer be a part of the equation. Mr. Markey replied yes. Vice Mayor Katz stated to all partners, please keep the Commission updated on what is going on with the construction. This is the biggest project in the City. He fears one delay would have a domino effect. He would rather be more of an alarmist, than not raise any concerns, and then something is not done. This is the cornerstone of the City. Mr. Markey stated they have been communicating with staff and they are working through some issues. There are some temporary parking easements, which must be cleaned up before closing on the loan. They used all the private parcels. He would request help from the City. This is a complicated process. He would be asking for help in the future. Indicated the site is currently used for construction parking and staging. Commissioner Romelus indicated the city is more than willing to help and make sure they have the resources to get things going. She questioned the reason for the delay. If the delay was due to construction cost and lack of labor, how can the city get their portion done on time and under budget? Mr. Markey responded there is an entirely different subset of contractors, than the laborers. This is a specialized subset of contractors, which do this type of work. In the apartment sector such as mixed use, everyone is busy. Commissioner Romelus stated she is speaking of the garage; this is not a mixed-use construction as of yet. Mr. Markey explained the GMP; the total price for the south garage 5 Page 124 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 includes the apartments. The financing could not be done without the apartments. He stated the garage contractor is ready to go. Commissioner Romelus indicated she was not happy about the delays. Stated a timeline was created for the 800+ employees moving into a facility, which is now without parking. This is without counting the members of the public for the library patrons or those frequenting City Hall. She asked where are the people going to park without sufficient parking? Mr. Markey stated he is contractually committed to provide temporary parking. Indicated they have the land area. Commissioner Penserga requested clarification of the additional funding received and how was it being used. Mr. Markey explained that is a $5.5M refinancing of the original financing which encumbered the land under the garage. Doing this unencumbered the land under the garage and gave an additional $2M to be placed in redevelopment. He stated he and the city are in the same position. He is paying interest because of the delay. Mayor Grant inquired if the Boynton Beach Boulevard apartment must be residential units. He suggested possibly office space, with retail on the first floor. Mr. Markey stated they are early enough in the process, when changes can be made. Mayor Grant asked about the in-ground dumpsters. Mr. Groff replied staff looked into Underground Refuse Systems, and looked into their technology, and decided this was not needed for the Town Square project. Staff are coordinating with Mr. Markey regarding the garbage. Mayor Grant stated this project is the cornerstone of the City of Boynton Beach downtown. Inquired if staff has been in touch with the Freemasons regarding the cornerstone. Mr. Groff stated he reached out to the Freemasons and they have not replied. He indicated he would reach out to them again. Commissioner McCray requested the information regarding the underground dumpsters. Mr. Groff replied he would send the information to the entire Commission. Commissioner Penserga asked if the underground dumpsters workwith the city's existing trucks. Mr. Groff replied the system consists of an underground vault, and there are space considerations, and are extremely expensive. Mayor Grant stated he saw the refuse system at a Florida League of Cities annual conference. He explained it was a foot pedal compactor, so the trash does not need to move from trashcan to dumpster to garbage truck. 6 Page 125 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Commissioner McCray indicated they are in the process of construction, it was not the idea of saving money, and it was what was best for the City while we are in the process of construction. He said he understands the city was under budget, but what is best for the city. Commissioner Romelus stated she likes staying under budget. Mayor Grant stated he was in agreement with Commissioner McCray; he wanted what was best for the City. Mayor Grant opened to the public for comment. E. Boynton Beach Veterans Annual Four Chaplains Event. Mayor Grant invited everyone to attend the annual Four Chaplains event, located at 235 SW 6th Avenue at 2pm, February 2nd. This event commemorate the Four Chaplains, which gave their lives to save other civilians and military personnel as the troop ship SS Dorchester sank on February 3, 1943. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Susan Oyer, 140th SE 27th Way, questioned a boat being stored on the property. Inquired if space was being rented by the City to the owner of the boat. Mr. Groff stated staff would check into this. Ms. Oyer informed the Commission the City of Boca Raton has underground trash area. Ms. Oyer believed the City at one time had underground trash containment. Commissioner McCray stated he does recall the underground trash containment. Woodrow Hay, 427 NW 5 Avenue, candidate for Commissioner District 2, said he spoke with some of the citizens about the Martin Luther King celebration and said it was great. The citizens have come out with additional ideas for next year. Commissioner McCray indicated there would be more help for the Martin Luther King (MLK) event next year. Mayor Grant stated there would be a debriefing with the MLK committee to plan for next year's event. 7 Page 126 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Dr. Piotr Blass, 113 Tara Lakes Drive W., a candidate for Mayor, said he was impressed with the rebuilding of Town Square. Stated as the next major the City of Boynton Beach would receive energy from the ocean. Christine Momot, 405 SW 4t" Street, inquired why the City needs more apartments or housing in this area. There are other apartments being built across the street from the mall. The current units are not filled up. There are people moving out of Boynton Beach, not into Boynton Beach. Vice Mayor Katz stated the Mall at Boynton Beach is privately owned. The property owners requested the right to build. Mayor Grant stated it would be a suburban mixed-use project. With the mixed use, there would be both commercial and residential area. The reason for the mixed-use project, there are different traffic patterns from commercial versus residential. The Commission wants to make sure they do not over exceed the current amount of traffic allowed on certain roadways. The county to oversee the traffic patterns. Ms. Momot stated there is a problem already with Old Boynton Beach Boulevard. If there were more people, there would be more issues with the traffic. Mayor Grant stated the City of Boynton Beach is addressing this with the city vision zero. The City wants to decide they want the safest roads. Ms. Momot stated when she moved here, this was a quant city; she would like the City of Boynton to remain that way. She liked the area. She does not want it to change. 5. ADMINISTRATIVE A. Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to Suits For Seniors, Inc. Motion Commissioner Romelus moved to approved. Commissioner McCray seconded the motion, which unanimously passed. Jervonte Edmonds, Founder/CEO of Suits for Seniors, explained the program is for high school seniors. Indicated all seniors who have received the suits have a 100% graduation rate. The recipients of these suits go on to college or to employment in the local community. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 8 Page 127 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Motion Commissioner McCray nominated Aquannette Thomas for the Community Redevelopment Agency Advisory Board (Reg). Commissioner Romelus seconded the motion, which unanimously passed. Motion Commissioner Penserga nominated Chevette Gadson for the Education and Youth Advisory Board (Reg). Commissioner Romelus seconded the motion, which unanimously passed. Motion Commissioner McCray nominated Diana Heitz for the Education and Youth Advisory Board (Alt). Commissioner Romelus seconded the motion, which unanimously passed. Motion Commissioner McCray nominated Michael Kelley for the Police Officers' Retirement Trust Fund (Reg). Commissioner Romelus seconded the motion, which unanimously passed. Motion Commissioner Romelus nominated Marsha Bionta for the Recreation and Parks Board (Reg). Commissioner Penserga seconded the motion, which 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 Commissioner Penserga pulled item 6A. Commissioner Romelus pulled item 6D. A. Proposed Resolution No. R20-005 -Approve and authorize the City Manager to sign the Dog Park Maintenance Agreement between the City of Boynton Beach and Boynton Town Center Master Association, Inc. for the perpetual maintenance of the Joseph Crowder Dog Park, subject to final approval of the City Attorney. Mayor Grant read proposed Resolution No. R20-005 into the record by title only. 9 Page 128 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Andrew Mack, Director of Public Works, indicated he was available for any questions the Commission may have. Mayor Grant requested clarification of the agreement for perpetual maintenance. City Attorney Cherof explained the reference to the perpetual maintenance is a provision of the plat; it is an obligation of the association whether they enter into an agreement with the city or not. The agreement with the city, in which part, the city takes on some of the association's responsibility, is for 20 years. Commission Penserga requested some background information. Mr. Mack explained that as part of the redevelopment of the Cortina project, there was a developer's agreement to execute a land swap. The city gave up some land to build a dog park. As a part of that process, the association took on the perpetual maintenance of the park. Indicated the City of Boynton Beach owns the property, but it is maintained by the association. There were only two places, which mentioned the perpetual maintenance of the park, which was on the Plat and in the land swap agreement. Mr. Mack stated the agreement clarifies the enforcement powers the City has and outlines the process to assure the conditions of the dog park are such that the park is operated and maintained in a manner, which does not adversely affect the health, safety and welfare of the public. The association has reviewed the document. Mr. Mack stated this agreement memorializes this. Mayor Grant questioned the 20-year agreement; inquired if the agreement allowed the city to assist the association with upgrades to the park. Mr. Mack replied the City still owns the property and can make changes to the park in coordination with the association. Mr. Mack stated the dog park area needed rotation to give the area rest. One of the things, which the POA has requested, was to have a third park in between the two parks. Commissioner McCray asked what happens after the contract terminates in 20 years. Mr. Mack replied the agreement could be renegotiated with the POA. Vice Mayor Katz stated he was for the agreement. He noticed in the agreement, it states the city would not enforce codes, if they do not maintain the park. The city has the ability to take corrective action and bill them. Vice Mayor Katz asked how strong was their ability to fight back? Mr. Mack replied there are some notice provisions of the contract. The city would need to place them on notice. Vice Mayor Katz appreciated the idea of converting the middle space into another dog run. He believed having the third run was the only way in which to rest the land. Asked are there plans to take down the divider in between the two small runs to create three runs, or would the two runs be maintained as-is? Mr. Mack indicated this proposal was received this past week. His first impression was to have two big dog runs and have the 10 Page 129 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 area segregated. This would create two big dog areas, and have the middle area as a rest area. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion, which unanimously passed. B. Piggy-back the State of Florida Alternate Contract #43211500-WSCA-15-ACS for the purchase of Dell workstations, Monitors, and accessories from Dell Marketing LP of Round Rock, TX in an amount not to exceed $65,000. The Florida Alternate Contract procurement process satisfies the City's competitive bid requirements. C. Proposed Resolution No. R20-006 - Authorize the City Manager to sign individual agreements with two (2) firms as a result of RFQ No.: 038-2821-19/TP for Supervisory Control and Data (SCADA) System Programming, Preventive Maintenance and Repair Services. Individual task orders for projects will be issued and submitted to the Commission for approval in accordance with the City's Purchasing policies and procedures. D. Proposed Resolution No. R20-007 - Approve the Boynton Beach City Library Fine Free Policy. Mayor Grant read the proposed Resolution No. R20-007 by title only. Jeannie Taylor, Assistant Library Director, said she was excited about going fine free. The goal was to have the books returned. Staff wants the library opened and accessible to all, and fines were just a barrier to use the library. Commissioner Romelus asked Ms. Taylor to announce the new library hours once the Library opens in the new Town Square. Ms. Taylor responded the hours would be open until 8 p.m., in addition Friday from 9:00 a.m. until 5:00 p.m. Commissioner Penserga asked how many people would this policy affect? Ms. Taylor stated this was unknown. Commissioner McCray asked if there would be some type of counseling provided once a citizen returned the book late. Ms. Taylor replied the library is trying not to be punitive, just congratulate them on returning the book. Mayor Grant stated concerns of not creating consequences for not doing what they are supposed to do. There should be some type of cost and affect. 11 Page 130 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Ms. Taylor stated this is a cost, which is associated with going fine-free. Explained the fees associated with the laptops. Mayor Grant stated the number of late fees was $17,000 paid last year. Ms. Taylor stated the actual number was $12,000. Mayor Grant wanted to find out how much property was not returned. Ms. Taylor replied staff has numbers from the collection agency. There are some automatic renewal options. Mayor Grant requested to have data to see how much property has not been returned to the library after the automatic renewal time. Commissioner McCray stated whatever encourages the children to read, he is for it. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion, which unanimously passed. E. Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $622,879.91. This amount reflects unpaid ALS Transportation billings that have been in collections for 12 months or longer. F. Proposed Resolution No. R20-008 -Adopt the 2019 Repetitive Loss Area Analysis (RLAA) document, which will allow the City residents to continue to be eligible for a discount on flood insurance premiums. G. Accept the written report to the Commission for purchases over $10,000 for the month of December 2019. H. Proposed Resolution No. R20-009 -Approve and authorize the City Manager to sign the Developer's Agreement with Mr. Edin Mehanovic of 820 Bamboo Lane for the construction of wastewater improvements within the right-of-way of Bamboo Lane. I. Proposed Resolution No. R20-010 -Approve and authorize the City Manager to sign Amendment No. 1 to the Developer's Agreement with Knuckles, LLC for the construction of sanitary sewer and lift station wet well improvements for the Taco Bell project located at 2319 Federal Highway. J. Approve minutes from the City Commission meetings on December 3, 2019 and January 7, 2020. 12 Page 131 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Motion Commissioner Penserga moved to approve the consent agenda as amended. Commissioner McCray seconded the motion, which unanimously passed. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for January 21, 2020- "Request for Extensions and/or Piggybacks." B. Proposed Resolution No. R20-011 - Approve Award of Bid No. 004-2821-19/EM for " Lime and Sludge Removal, Hauling and Disposal and authorize the City Manager to sign a contract with Prolime Corporation, 58610 Van Dyke Rd., Washington, MI 48094, as the lowest, most responsive, responsible bidder in the amount of$16.95 per Cubic Yard for an annual estimated amount of$271,200 for a period of three (3) years, with an option to renew for two (2) one-year terms for a total $1,356,000 estimated amount over the total potential term of the agreement. C. Approve an increase to the estimated annual expenditure of Bid # 019-2821-19/IT "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" in the amount of $80,000, increasing the estimated annual expenditure from $175,000 to $255,000 for the remainder of fiscal year 2019/2020. D. Piggy-Back the National IPA (U.S. Communities and National IPA are now part of OMNIA Partners-the nation's largest purchasing organization in procurement and supply chain management) Contract # 2017025 with Toro Pricing thru local distributor, Hector, 1301 Northwest 3rd Street, Deerfield Beach, FL 33442 for the purchase of six (6) Toro Greenmaster 3150Q Mowers for a total amount of $161,347.82. Motion Commissioner McCray moved to approve the Consent Agenda for Bids and Purchases above $100,000. Commissioner Penserga seconded the motion, which unanimously passed. 8. PUBLIC HEARING 6 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 13 Page 132 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 A. Proposed Ordinance No. 20-002 - Second Reading - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the February 18, 2020 Commission Meeting.) There was no action taken on this item. There was consensus to continue this item until the February 18, 2020 meeting. B. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (Tabled from the 1/7/2020 Commission Meeting. The applicant has requested to continue this agenda item to the February 18, 2020 Commission Meeting.) There was no action taken on this item. There was consensus to continue this item until the February 18, 2020 meeting. 9. City Manager Report- None 10. Unfinished Business-None 11. New Business A. Proposed Resolution No. R20-012 - Approve and ratify the Collective Bargaining Agreement between the City and the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 for the term October 1, 2019 through September 30, 2022. Mayor Grant read the proposed resolution no R20-012 by title into the record. Julie Oldbury, Human Resources Director, stated the item before the Commission is to approve and ratify the Collective Bargaining Agreement between the City and the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891 for the term October 1, 2019 through September 30, 2022. The members terminated the prior agreement, slated to end 2022. The contract was open and the membership voted in favor of the new agreement. Commissioner McCray asked how many members voted. Ms. Oldbury replied 88. Commissioner McCray asked how many members voted in favor of the contract. Ms. Oldbury replied there were 86 in favor of the contract. 14 Page 133 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion, which unanimously passed. 12. Legal A. Proposed Resolution No. R20-013 - Approve the standard form of contract for connection to the District Energy System (DES), authorizing the Utilities Director or his designee to sign the contracts on behalf of the City. Mayor Grant read proposed Resolution No. R20-013 into the record by title only. Commissioner McCray requested clarification. Colin Groff Assistant City Manager explained this is an individual service based on the service load; each customer would have an individual service contract. This is an agreement between the City and the customer. Mayor Grant asked if the customer does not return the chilled water back at a certain temperature, is the customer charged a higher rate? Mr. Groff stated the contract has the rules and regulations of returning water back as well as spells out how the customers are charged. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion, which unanimously passed. B. Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: Renette Jean-Baptiste on behalf of Kevens Jean-Baptiste, a minor, Plaintiff, vs. Germaine Jones, and City of Boynton Beach, Defendants — Case Number: 9:18- cv-80740-Altman/Brannon, US District Court for the Southern District of Florida. Attorney Cherof requested a closed-door session regarding Baptiste versus the City of Boynton Beach. Attorney Cherof requested 30 minutes either before or after the next meeting. Mayor Grant asked if there would be any outside counsel. Attorney Cherof stated there would not be any outside counsel. Mayor Grant requested to have the Attorney client session after the February 4, 2020 meeting. 15 Page 134 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 There was a consensus. Mayor Grant requested an outline of monthly events, which coincided with the City of Boynton Beach Centennial. He also requested a forum for a Black History Month open discussion. 13. FUTURE AGENDA ITEMS A. Discuss Local Septic Tank Inspection Program - February 18, 2020 B. Discuss purchase and sale agreement for Nichols property - February 18, 2020. C. Mayor Grant would like to invite the Central Palm Beach Chamber to a future Commission meeting to discuss their membership benefits - March 3, 2020 D. Consider Vision Zero Resolution — TBD 14. ADJOURNMENT Motion There being no further business to discuss, Vice Mayor Katz moved to adjourn. Commissioner Romelus seconded the motion. The motion unanimously passed. The meeting adjourned at 7:07 p.m. (Continued on the next page.) 16 Page 135 of 167 Meeting Minutes City Commission Boynton Beach, Florida January 21, 2020 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 17 Page 136 of 167 11.A. NEW BUSINESS 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Proposed Resolution No. R20-015- Designate a Canvassing Board for the March 2020 Municipal Election. Explanation of Request: The Palm Beach County Supervisor of Elections requires a Resolution designating the City's Canvassing Board for the March 2020 Municipal Election. The Supervisor, the City Clerk and the City Attorney or his designee can comprise the Canvassing Board. As the general municipal election will be held in conjunction with the Presidential Preference Primary, the County Canvassing Board will handle the canvassing of all ballots; however, in the event of a run-off election, the City will be required to facilitate the canvassing of ballots. How will this affect city programs or services? This is a ministerial action necessary to complete the election process. Fiscal Impact: N/A Alternatives: The Commission can designate another member in lieu of the City Attorney. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving designation of Canvassing Board for March 2020 Municipal Election Page 137 of 167 I RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE OF 4 BOYNTON BEACH, FLORIDA DESIGNATING A 5 CANVASSING BOARD FOR THE MARCH 2020 MUNICIPAL 6 ELECTION; PROVIDING FOR CONFLICT, 7 SEVERABILITY,AND AN EFFECTIVE DATE. 8 9 WHEREAS, the Palm Beach County Supervisor of Elections requires that the City 10 Commission designate, by Resolution, a Canvassing Board for the City for the March 2020 11 Municipal Election, and 12 WHEREAS, since the municipal election will be held in conjunction with the 13 Presidential Preference Primary, the Palm Beach County Canvassing Board will handle the 14 canvassing of all ballots; however in the event of a run-off election,the City will be required to 15 facilitate the canvassing of ballots; and 16 WHEREAS, the City Commission has determined that the responsibility to "canvass 17 the returns" is a ministerial and non-legislative function that can be delegated by the City 18 Commission and that the Supervisor of Elections, the City Clerk and the City Attorney or his 19 designee can compromise the Canvassing Board. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 23 as being true and correct, and are hereby incorporated herein and made a part hereof. 24 Section 2. The City Commission hereby delegates the responsibilities to canvass 25 the returns of any run-off election of the 2020 City municipal election to a canvassing board 26 comprised of the Palm Beach County Supervisor of Elections, the City Clerk of the City of 27 Boynton Beach and the City Attorney or his designee. The Palm Beach County Canvassing I S:\CA\RESO\Canvassing Board 2020 Muni Election-Reso.Docx Page 138 of 167 28 Board will handle the canvassing of ballots for the general municipal election and the Municipal 29 Canvassing Board's authority extends to cover all returns for runoff elections, if necessary. 30 Section 3. If any clause, section, or other part or application of this Resolution shall 31 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 32 unconstitutional or invalid part or application shall be considered as eliminated and so not affecting 33 the validity of the remaining portions or applications remaining in full force and effect. 34 Section 4. The City shall indemnify and hold harmless the members of the canvassing 35 board in the event either or both are the subject of litigation arising from their duties as canvassing 36 board members. 37 Section 5. This Resolution shall become effective on passage. 38 PASSED AND ADOPTED this day of , 2020. 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 VOTE 54 ATTEST: 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 (Corporate Seal) 2 S:\CA\RESO\Canvassing Board 2020 Muni Election-Reso.Docx Page 139 of 167 12.A. LEGAL 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Proposed Ordinance No. 20-003 - First Reading -Approve proposed amendments to Chapter 18, Article IV, Pensions for Firefighters; amending Sections 18-180 and 18-182; creating Section 18-194; and renumbering Section 18-222 as Section 18-194. Explanation of Request: To accept modifications to the Firefighters' Pension Plan as agreed during negotiations of the IAFF Collective Bargaining Agreement. • Change the effective date of the one and a half percent (1.5%) increase to the maximum benefit cap to begin on October 1, 2020 rather than on October 1, 2023; and • Align the death benefit with the accrued benefit; and • Implement the cancer presumption established by Florida State Statute, Section 112.1816; and • Provide uniform DROP benefit to firefighters on or after January 21, 2020; and • Renumbering Section 18-222 as Section 180194 to govern DROP benefits for grandfathered members. How will this affect city programs or services? Fiscal Impact: Budgeted The actuarial impact summary is attached. The primary driver of the estimated $65,000 increase in annual required contributions is attributable to the new(July 2019) cancer presumption mandate as dictated in Florida Statutes. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 140 of 167 ATTACHMENTS: Type Description D Ordinance Ordinance appro\4ng 2020 Amendments to Fire Pension D Addendum Actuarial Impact Summary Page 141 of 167 I ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA; 4 AMENDING CHAPTER 18, ARTICLE IV, PENSIONS FOR 5 FIREFIGHTERS; AMENDING SECTION 18-180 TO INCREASE THE 6 MAXIMUM BENEFIT CAP BEGINNING IN 2020; AMENDING 7 SECTION 18-182(g) TO ALLIGN THE DEATH BENEFIT WITH THE 8 ACCRUED BENEFIT; AMENDING SECTION 18-182(i) OF THE CITY 9 CODE TO IMPLEMENT THE CONCLUSIVE CANCER 10 PRESUMPTION ESTABLISHED BY SECTION 112.1816, FLA. STAT., I i AND THE REBUTTABLE DISEASE PRESUMPTIONS UNDER 12 SECTIONS 112.18, 112.181 AND 175.231, FLA. STAT; CREATING 13 SECTION 18-194 TO PROVIDE FOR A UNIFORM DROP BENEFIT 14 FOR NEWLY HIRED FIREFIGHTERS;RENUMBERING SECTION 18- 15 222 AS SECTION 18-194 TO GOVERN DROP BENEFITS FOR 16 GRANDFATHERED MEMEMBERS; PROVIDING FOR INCLUSION 17 IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR 18 A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. 19 20 WHEREAS, the City of Boynton Beach and Local 1891 have negotiated a new 21 collective bargaining agreement addressing pension and related matters. 22 23 WHEREAS, the Board of Trustees of the City of Boynton Beach Municipal 24 Firefighters Pension Trust Fund has prepared this ordinance to implement the parties' 25 agreement. 26 27 WHEREAS, the Florida Legislature has created a conclusive duty-related cancer 28 presumption. 29 30 WHEREAS, Senate Bill 426 (SB 426) amends Chapter 112, Florida Statutes, by 31 creating Section 112.1816, governing disability and death benefits for firefighters. 32 33 WHEREAS, SB 426 governs all Firefighter Pension Plans in Florida. 34 35 WHEREAS, the Board of Trustees of the City of Boynton Beach Municipal 36 Firefighters Pension Trust Fund has prepared this ordinance to implement SB 426, effective 37 July 1, 2019. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 4o THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 41 42 Section l: The foregoing "Whereas" clauses are true and correct and incorporated 43 herein by this reference. 44 45 Section 2: Section 18-180 of the Code of Ordinances of the City of Boynton Beach 46 is hereby amended to read as follows: i Page 142 of 167 47 48 Sec. 18-180. Monthly retirement income. 49 50 (a) The amount of monthly retirement income payable to a firefighter who retires on or 51 after the firefighter's normal retirement date shall be an amount equal to the number of 52 the firefighter's years of credited service multiplied by 3% of such firefighter's average 53 final compensation. Effective October 1, 2018 the maximum normal retirement benefit 54 shall be capped at ninety-five thousand dollars ($95,000) (hereinafter the "maximum 55 benefit cap"). The maximum benefit cap will be increased annually beginning on the 56 first day of October 2023 2020 (and on each October 1 thereafter) by one and a half 57 percent(1.5%). The maximum benefit cap shall also apply to early retirement, deferred 58 vested retirement and disability retirement. In the case of early retirement and deferred 59 vested retirement, the maximum benefit cap shall be applied to the normal retirement 60 benefit before reflecting any reductions for early retirement. At all times, the plan shall 61 comply with the maximum benefit limitations of IRS Code Section 415(d) and all 62 applicable Treasury Regulations. 63 64 Section 3: Section 18-182(g) of the Code of Ordinances of the City of Boynton Beach is 65 hereby amended to read as follows: 66 67 Section 18-182. Disability retirement and death benefits. 68 69 (g) Survivor's benefit. If any member with at least ten(10)years of continuous service shall 70 die prior to retirement or other termination of employment with the city, a death benefit 71 shall be payable to the deceased member's spouse. The benefit shall equal t-we and ere 72 hal three percent(31/o) of average final compensation for each year of continuous 73 service. It shall be payable in equal monthly installments commencing the first day of 74 the month following the date of death and eeasing r *he deet, oee of*he 75 spettse. 76 77 Section 4: Section 18-182(1) of the Code of Ordinances of the City of Boynton Beach is 78 hereby created to read as follows: 79 80 (i) Line ofdub�presumptions. 81 82 (1) Rebuttable presumptions: The provisions of Sections 112.18, 112.181, 175.231, 83 Fla. Stat., are hereby codified within the Plan and are intended to be incorporated 84 by reference. The Board of Trustees may adopt uniform administrative rules 85 relating to these rebuttable presumptions and for the determination of anX 86 disqualifying events reflected in Chapters 112 and 175, Fla. Stat. 87 88 (2) Non-rebuttable conclusive cancer presumption: The provisions of Section 89 112.1816, Fla. Stat., are hereby codified within the Plan and are intended to be 90 incorporated by reference. The Board of Trustees may adopt uniform 91 administrative rules relating to this presumption and for the determination of any 92 disqualifying events as reflected in Chapters 112 and 175, Fla. Stat. 2 Page 143 of 167 93 94 Section 5: Section 18-222 of the Code of Ordinances of the City of Boynton Beach is 95 hereby renumbered as Section 18-194 and amended follows: 96 97 Sec. 18-194 4S-272-2. Deferred retirement option Plan. 98 (a) The following provisions shall aply to members hired prior to January 21, 2020: 99 W A deferred retirement option plan "DROP")is hereby created. 100 (2) Eligibility to participate in the DROP is based upon eligibility for normal service 101 retirement in the plan. 102 (3) Participation in the DROP must be exercised within the first thirty (30) years of 103 employment, provided, however, that participation in the DROP, when 104 combined with participation in the retirement plan as an active member,may not 105 exceed thirty (30) years. The maximum period of participation in the DROP is 106 five (5) years. An employee's election to participate in the DROP plan shall be 107 irrevocable and shall be made by executing a resignation notice on a form 108 prescribed by the City. 109 k4j Upon exercising the right to participate in the DROP, an employee's creditable 110 service, accrued benefits and compensation calculation shall be frozen and shall 111 utilize the average of the five (5) highest of the ten (10) years immediately 112 preceding participation in the DROP as the compensation basis. Accumulated, 113 unused sick and vacation leave shall be included in the compensation 114 calculation, provided, however, that a minimum balance of 120 hours of sick 115 leave and 120 hours of vacation leave shall be maintained by the employee and 116 excluded from this calculation. The retained leave balance, including any 117 additions, shall be distributed at the conclusion of DROP participation and 118 separation from service. 119 k5j Payment shall be made into the employee's DROP account as if the employee 120 had terminated employment in the City in an amount determined by the 121 employee's selection of the payment option. 122 (6) An employee's account in the DROP program shall earn interest in one of three 123 ways. The selection of the earnings program shall be irrevocable and shall be 124 made prior to the first deposit in the DROP account. The options are: 125 La) Gain or lose interest at the same rate as the Plan, or, 126 (b) At an annual fixed rate of seven percent(7%), or, 127 Lc) In a self-directed account utilizing mutual funds selected by the board. 128 (7) An employee shall terminate service with the City at the conclusion of five (5) 129 years in the DROP. 3 Page 144 of 167 130 (8) All interest shall be credited to the employee's DROP account on the last day of 131 the month in which the member separates from service. In the event that a 132 member dies while in the DROP, interest shall be pro-rated to the last business 133 day of the month preceding the death of the member. 134 kD Upon termination with the City, an employee may receive payment within forty- 135 five (45) days of the member requesting payment or may defer payment until a 136 time not later than the latest date authorized by Section 401(a)(9) of the Internal 137 Revenue Code at the option of the member. 138 10 Payments from the DROP may be received as a lump sum installment payment 139 or annuity,provided,however,that at all times,the DROP shall be subject to the 140 provisions of the Internal Revenue Service. 141 11 No payment may be made from the DROP until the employee actually separates 142 from service with the City. 143 (12) If an employee shall die during participation in the DROP, a survivor benefit 144 shall be payable in accordance with the form of benefit chosen at the time of 145 entry into the DROP. 146 LU3 Upon commencement of participation in the DROP,the member shall no longer 147 be eligible for disability retirement from the pension plan. If a member becomes 148 disabled during the DROP period,the member shall be treated as if he/she retired 149 on the day prior to the date of disability. 150 k12) The following provisions of the "Consolidated Deferred Retirement Option Plan" shall 151 apply to members hired on or after January 1, 2020: 152 A City employee deferred retirement option plan ("DROP")is hereby created, 153 amending,implementation, all conflicting provisions in existing DROP plans for 154 general employees,police officer employees, and fire/rescue employees. 155 Employees who reach eligibility for normal service retirement in the employee's 156 retirement plan may elect to enter DROP. 157 An Employ. emy elect to participate in the Deferred Retirement Option Plan 158 ("DROP")provided they make the election no later than 30 days after reaching 159 their normal retirement date. Notwithstanding the foregoing,upon enactment of 160 this Ordinance employees who have reached normal retirement date and did not 161 enter DROP may make their initial election to participate in the DROP no later 162 than ninety (90) days after the implementation date of this ordinance. 163 An election to participate in the DROP plan is irrevocable. 164 Employees may elect to participate by submitting an election to enter DROP to the 165 City's Human Resource Department "Department")on a form available from the 166 Department for that purpose. On receipt of the election to enter DROP the 167 Department will notify the administrator of the pension plan in which the 168 emploeeparticipates. 4 Page 145 of 167 169 Participation in the DROP must be exercised within the first 30 ,years of combined 170 credited service (25 for law enforcement officers). 171 An employee shall not participate in the DROP for more than five years. 172 (8) Upon an employee's election to participate in the DROP, the employee shall cease 173 to be an employee of the retirement plan and is precluded from accruing any 174 additional benefit under the Pension Fund. For all fund purposes,the employ 175 becomes a"retiree" (which term shall be synonymous with"employees" who elect 176 to enter DROP). The amount of credited service and final average salary freeze as 177 of the date of entry into the DROP. 178 Accumulated,unused sick(over 120 hours) and vacation leave (over 120 hours 179 shall be deemed cashed out and included in the compensation calculation, 180 provided however,that a minimum balance of 120 hours of sick leave and 120 181 hours of vacation leave shall be maintained by the employee and excluded from 182 this calculation. The retained leave balance,including any additions, shall be paid 183 to the employee at the conclusion of DROP participation and separation from 184 service. 185 10 DROP plan account shall be established for each employee who elects to 186 participate. These are not actual accounts but nominal accounts and balances are 187 kept as a bookkeeping process. 188 11 Payment shall be made into the employee's DROP account as if the employee had 189 retired from the employ of the city. Payments into the DROP will be made 190 monthly over the period the employee participates in the DROP,up to a maximum 191 of 60 months or,pursuant to 401(A)(9) of the Internal Revenue Code,whichever 192 occurs first. 193 12 An employ. e�participation in the DROP shall terminate at the end of five years 194 and the employee shall separate from City employment. Upon entering into the 195 DROP, an employee shall file with the Board a binding non-revocable letter of 196 resignation from city employment. The binding letter of resignation shall establish 197 a deferred termination date in accordance with the limitations of this DROP which 198 may be amended if an employee wished to separate from employment earlier than 199 the deferred termination date. 200 13 All interest shall be credited to the employee's DROP account less any 201 outstandin4 loan balances on a quarterly basis with quarterly statements provided. 202 In the event that a employee dies while in the DROP,interest shall be pro-rated to 203 the last business day of the month preceding the death of the employee. 204 14 During the period of the employee's participation in the DROP plan,the 205 employee's normal retirement benefit shall be accounted for and paid into the 206 employee's DROP plan account. 207 15 The employee's DROP plan account shall be invested with the retirement plan 208 assets and credited with interest equal to the overall net (earning less costs) 209 investment rate of return on the retirement plan assets during the Period of the 210 employee's participation in the DROP plan. Notwithstanding Fund performance, 211 the creditin4 rate will be no less than 0% and no more than 8%. 5 Page 146 of 167 212 16 At the conclusion of the retiree's participation in the DROP plan, and as a 213 condition of participating in such plan,the retiree will continue retirement and 214 terminate City employment. The retiree will thereafter receive a normal monthly 215 retirement benefit at the same rate as previously calculated upon entry into the 216 DROP but the monthly amount will be paid to the retiree and no longer accounted 217 for in the DROP plan account. If the employee does not terminate participation in 218 the DROP plan at the end of the sixty(60) month maximum participation period, 219 no earnings will be credited on the DROP balance and no further DROP deposits 220 will be made. 221 17 No amount can be paid from the retirement plan until the DROP employ 222 terminates employ 223 18 Upon termination,the retiree's DROP plan account will thereafter be distributed to 224 the retiree in a cash lump sum,which can be rolled over or paid in cash unless the 225 retiree elects an alternative distribution (a/k/a rollover). Direct rollover mae 226 accomplished by any reasonable means determined by the Pension Board. 227 19 If a retiree dies before distribution of the retiree's DROP plan account commences, 228 the account balance shall be distributed paid to the retiree's desiwnated beneficiary 229 in a lump sum, which can be rolled over or paid in cash at the beneficiary 230 discretion. 231 20 Distribution of an employee's DROP plan account shall begin as soon as 232 administratively practicable following the employee's termination of employment. 233 The employee must elect the distribution within but in no event later that 45 day 234 following the employee's termination date. If the employee does not timely 235 request the withdrawal of the asset in the DROP plan,no further earnings will be 236 credited on the DROP balance. 237 21 Any form of payment selected by the employee must comply with the minimum 238 distribution requirements of the IRC 401(A)(9) e.g.,payments must commence by- 239 age 70'/z, or age 72 for retirees who attain age 70 '/z on or after January 1, 2020. 240 241 Section 6: It is the intention of the City Commission, and it is hereby ordained that the 242 provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the 243 City of Boynton Beach, that the sections of the Ordinance may be renumbered or relettered to 244 accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or 245 other appropriate word. 246 247 Section 7: If any clause, section, or other part or application of this Ordinance shall be held 248 in any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 249 or invalid part or application shall be considered as eliminated and shall not affect the validity 250 of the remaining portions or applications which shall remain in full force and effect. 251 252 Section 8: All ordinances or parts of ordinances, resolutions or parts of resolutions in 253 conflict herewith are hereby repealed to the extent of such conflict. 254 255 Section 9: This Ordinance shall take effect when the following conditions precedent to the 6 Page 147 of 167 256 adoption of this Ordinance have occurred: 257 258 (a) the City Commission has received and has accepted a report establishing the 259 actuarial soundness of these amendments or a letter of opinion from the Plan Actuary 260 that the amendment has no actuarial impact; and 261 262 (b) the Ordinance and impact statement have been sent to the State of Florida 263 Division of Retirement. 264 265 266 FIRST READING this day of 2020. 267 268 SECOND, FINAL READING AND PASSAGE this day of , 2020. 269 270 CITY OF BOYNTON BEACH, FLORIDA 271 272 YES NO 273 274 Mayor— Steven B. Grant 275 276 Vice Mayor—Justin Katz 277 278 Commissioner—Mack McCray 279 280 Commissioner—Christina L. Romelus 281 282 Commissioner—Ty Penserga 283 284 285 VOTE 286 ATTEST: 287 288 289 290 Crystal Gibson, MMC 291 City Clerk 292 293 294 (Corporate Seal) 295 296 297 Coding: Words in strikeout type are deletions from existing text. 298 Words in underline type are additions. 7 Page 148 of 167 g 0"* 'D ' Retirement P:954.527.1616 , F:954.525.0083 ( www.grsconsulting.c= Consulting January 16, 2020 Mr. David Williams Boynton Beach Firefighters' Retirement Plan Precision Pension Administration 2100 North Florida Mango Road West Palm Beach, Florida 33409 Re: City of Boynton Beach Municipal Firefighters' Pension Trust Fund—Actuarial Impact Statement Dear Dave: As requested,we are enclosing an Actuarial Impact Statement showing the approximate first-year impact of the proposed changes in Plan provisions to the City of Boynton Beach Municipal Firefighters' Pension Trust Fund (Plan).The results are based on census and asset data as of October 1, 2018.This is an approximate first-year impact based on the October 1,2018 actuarial valuation.The actual first-year impact will be reflected in the October 1,2019 actuarial valuation,which will first impact the required contribution for fiscal year 2021 (payable in October 2020).The fiscal year 2020 required contribution (payable in October 2019)will not change. Please refer to the enclosed exhibits for details.The following is a brief description of the proposed changes considered in this Actuarial Impact Statement. ➢ Current Plan Provisions and Assumptions—Same plan provisions and actuarial assumptions as used in the October 1, 2018 Actuarial Valuation Report.The maximum benefit cap(currently$95,000 as of October 1, 2018)will be increased annually beginning on October 1, 2023 (and on each October 1St thereafter) by 1.5%. The Survivor's benefit is 2.5%of the member's average final compensation multiplied by years of Credit Service. No provisions exist specifically for rebuttable disease presumptions or non-rebuttable conclusive cancer presumptions reflected in Chapter 112 and 175, Florida Statutes. Members in the Deferred Retirement Option Plan (DROP) must elect one of the three following options of earning interest credited on their DROP account balance: (1)Gain or loss at the same rate earned by the Plan; (2) Guaranteed rate of 7%; or(3)The rate earned by a self-directed account utilizing mutual funds selected by the Board. ➢ Plan Changes—Reflecting the proposed changes in accordance with the proposed ordinance, as listed below: • The maximum benefit cap will be increased annually beginning on October 1, 2020 (and on each October 1St thereafter) by 1.5%. • The Survivor's benefit is 3.0%of the member's average final compensation multiplied by years of Credited Service. IN 1111 1 Mr. David Williams January 16, 2020 Page 2 • The Board of Trustees may adopt uniform administrative rules relating to rebuttable disease presumptions and to non-rebuttable conclusive cancer presumptions and for the determination of any disqualifying events reflected in Chapters 112 and 175, Florida Statutes. Although not specifically stated in the Ordinance,we have assumed that as a result of the proposed change to adopt uniform administrative rules relating to rebuttable disease presumptions and to non-rebuttable conclusive cancer presumptions reflected in Chapters 112 and 175, Florida Statues,the following provisions are added to the Plan: • In compliance with newly adopted Florida Statutes Chapter 112.1816: ■ If a firefighter is initially diagnosed with cancer while employed as a firefighter, and as a result of the diagnosis of cancer or circumstances arising from the treatment of such cancer, he or she is determined to be wholly prevented from rendering useful and efficient service as a firefighter, and likely to remain so disabled continuously and permanently,the disability or death shall be considered in the line-of-duty. • In compliance with newly adopted Florida Statutes Chapter 112.181: ■ Disability or death resulting from a condition or impairment of health that is caused by hepatitis, meningococcal meningitis,tuberculosis, hypertension or heart disease resulting in a member being determined to be wholly prevented from rendering useful and efficient service as a firefighter, and likely to remain so disabled continuously and permanently shall be presumed to have been accidental and suffered in the line of duty unless the contrary is shown by competent evidence. In order to value the impact of adding the rebuttable disease provisions and non-rebuttable conclusive cancer presumptions,the percentage of disabilities that are assumed to be line-of-duty disabilities has been increased from 75%to 85%. The ordinance also amends the Plan as follows: • A"Consolidated Deferred Retirement Option Plan" shall be created and applied to members hired on or after January 21, 2020. Benefit provisions for the Consolidated DROP that defer from the current DROP include the following: ■ Members in the Consolidated Deferred Retirement Option Plan earn interest credited on their DROP account balance at the same rate earned by the Plan, no less than 0%and no more than 8%. Because this changes only applies to future hires, it will not have an immediate actuarial impact on the Plan. In addition, since the DROP interest crediting rate is currently assumed to be the same rate earned by the Plan's investments,this change will not have a future actuarial impact on the Plan. Retirement Consulting Mr. David Williams January 16, 2020 Page 3 Summary of Findings • If the proposed Plan changes had been recognized as of October 1, 2018,the actuarially determined employer contribution (ADEC)for the fiscal year ending September 30, 2020 would have increased by $64,987,from $4,906,890 to$4,971,877(and by 0.61%of covered payroll,from 46.06%to 46.67%). • If the proposed Plan changes had been recognized as of October 1, 2018,the funded ratio (actuarial value of assets divided by actuarial accrued liability)would have decreased by 0.2%,from 66.9%to 66.7%.The amount of the unfunded actuarial accrued liability would have increased by$376,294. Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued liability and the actuarially determined contribution that result from the differences between actual experience and the actuarial assumptions. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan's funded status); and changes in Plan provisions or applicable law. The scope of an actuarial valuation does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan's future financial condition include: 1. Investment risk—actual investment returns may differ from the either assumed or forecasted returns; 2. Contribution risk—actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan's funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk—actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4. Longevity risk—members may live longer or shorter than expected and receive pensions for a period of time other than assumed; Retirement Consulting Mr. David Williams January 16, 2020 Page 4 5. Other demographic risks—members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more)than the assumed rate,the cost of the Plan can be expected to increase (or decrease). Likewise if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board's funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security. Risk Assessment Risk assessment was outside the scope of this report. Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision making process. Disclosures and Qualifications This report was prepared at the request of the Plan Administrator and is intended for use by the Retirement System and those designated or approved by the Board. This report may be provided to parties other than the System only in its entirety and only with the Board's permission. GRS is not responsible for unauthorized use of this report. The purpose of this report is to describe the approximate financial effect of the proposed plan changes summarized above. This report should not be relied on for any purpose other than the purpose described above. Determinations of financial results associated with the benefits described in this report,for purposes other than those identified above may be significantly different. The results in this report are based on census and asset data as of October 1, 2018, as provided by the Plan Administrator for the October 1, 2018 Actuarial Valuation concerning Plan benefits,financial transactions, plan provisions and active members,terminated members, retirees and beneficiaries.We reviewed this information for internal and year-to-year consistency, but did not audit the data.We are not responsible for the accuracy or completeness of the information provided by the Plan Administrator. Refer to that Actuarial Valuation Report dated March 27, 2019 for all actuarial assumptions, methods and disclosures. The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic Retirement Consulting Mr. David Williams January 16, 2020 Page 5 assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period or additional cost or contribution requirements based on the plan's funded status); and changes in plan provisions or applicable law. If you have reason to believe that the assumptions that were used are unreasonable,that the plan provisions are incorrectly described,that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the authors of this report prior to relying on information in this report. This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems.To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the City of Boynton Beach Municipal Firefighters' pension Trust Fund as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Peter N. Strong and Jeffrey Amrose are members of the American Academy of Actuaries.These actuaries meet the Academy's Qualification Standards to render the actuarial opinions contained herein. The signing actuaries are independent of the plan sponsor. We welcome your questions and comments. Sincerely yours, P �M�- N. Peter Strong, SA, MAAA Jere mrose, MAAA Senior Consultant&Actuary Sbnior Consultant&Actuary Enclosures Retirement Consulting CITY OF BOYNTON BEACH MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND Impact Statement—January 16,2020 Description of Amendments The proposed ordinance would amend the Plan as follows: • The maximum benefit cap (currently$95,000 as of October 1, 2018)will be increased annually beginning on October 1, 2020 (and on each October 1St thereafter) by 1.5%. • The Survivor's benefit is 3.0%of the member's average final compensation multiplied by years of Credited Service. • The Board of Trustees may adopt uniform administrative rules relating to rebuttable presumptions and to non-rebuttable conclusive cancer presumptions and for the determination of any disqualifying events reflected in Chapters 112 and 175, Florida Statutes. Although not specifically stated in the Ordinance,we have assumed that as a result of the proposed change to adopt uniform administrative rules relating to rebuttable disease presumptions and to non- rebuttable conclusive cancer presumptions reflected in Chapters 112 and 175, Florida Statues,the following provisions are added to the Plan: • In compliance with newly adopted Florida Statutes Chapter 112.1816: ■ If a firefighter is initially diagnosed with cancer while employed as a firefighter, and as a result of the diagnosis of cancer or circumstances arising from the treatment of such cancer, he or she is determined to be wholly prevented from rendering useful and efficient service as a firefighter,and likely to remain so disabled continuously and permanently,the disability or death shall be considered in the line-of-duty. • In compliance with newly adopted Florida Statutes Chapter 112.181: ■ Disability or death resulting from a condition or impairment of health that is caused by hepatitis, meningococcal meningitis,tuberculosis, hypertension or heart disease resulting in a member being determined to be wholly prevented from rendering useful and efficient service as a firefighter, and likely to remain so disabled continuously and permanently shall be presumed to have been accidental and suffered in the line of duty unless the contrary is shown by competent evidence. Prepared by Gabriel,Roeder,Smith and Company January 16,2020 Page 6 of 14 Page 154 of 167 The ordinance also amends the Plan as follows: • A"Consolidated Deferred Retirement Option Plan" shall be created and applied to members hired on or after January 21, 2020. Benefit provisions for the Consolidated DROP that defer from the current DROP include the following: ■ Members in the Consolidated Deferred Retirement Option Plan earn interest credited on their DROP account balance at the same rate earned by the Plan, no less than 0%and no more than 8% Because this changes only applies to future hires, it will not have an immediate actuarial impact on the Plan. In addition,since the DROP interest crediting rate is currently assumed to be the same rate earned by the Plan's investments,this change will not have a future actuarial impact on the Plan. Funding Implications of Amendment An actuarial cost estimate is attached. Certification of Administrator I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14, Article X of the Constitution of the State of Florida. For the Board of Trustees as Plan Administrator Prepared by Gabriel,Roeder,Smith and Company January 16,2020 Page 7 of 14 Page 155 of 167 SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of Boynton Beach Municipal Firefighters' Pension Trust Fund Valuation Date October 1, 2018(Note: Actuarial impact for required contribution purposes will be reflected as of October 1, 2019) Date of Report January 16, 2020 Report Requested by Board of Trustees Prepared by Peter N. Strong Group Valued All active and inactive Firefighters Changes in Plan Provisions Current Provisions (Before Proposed Changes) • The maximum benefit cap (currently$95,000 as of October 1, 2018)will be increased annually beginning on October 1, 2023 (and on each October 1st thereafter) by 1.5%. • The Survivor's benefit is 2.5%of the member's average final compensation multiplied by years of Credit Service. • No provisions exist specifically for rebuttable disease presumptions or non-rebuttable conclusive cancer presumptions reflected in Chapter 112 and 175, Florida Statutes. Revised Provisions (After Proposed Changes) • The maximum benefit cap will be increased annually beginning on October 1, 2020 (and on each October 1st thereafter) by 1.5%. • The Survivor's benefit is 3.0%of the member's average final compensation multiplied by years of Credited Service. • The Board of Trustees may adopt uniform administrative rules relating to rebuttable disease presumptions and to non-rebuttable conclusive cancer presumptions and for the determination of any disqualifying events reflected in Chapters 112 and 175, Florida Statutes. Prepared by Gabriel,Roeder,Smith and Company January 16,2020 Page 8 of 14 Page 156 of 167 Although not specifically stated in the Ordinance,we have assumed that as a result of the proposed change to adopt uniform administrative rules relating to rebuttable disease presumptions and to non-rebuttable conclusive cancer presumptions reflected in Chapters 112 and 175, Florida Statues,the following provisions are added to the Plan: • In compliance with newly adopted Florida Statutes Chapter 112.1816: ■ If a firefighter is initially diagnosed with cancer while employed as a firefighter, and as a result of the diagnosis of cancer or circumstances arising from the treatment of such cancer, he or she is determined to be wholly prevented from rendering useful and efficient service as a firefighter, and likely to remain so disabled continuously and permanently,the disability or death shall be considered in the line-of-duty. • In compliance with newly adopted Florida Statutes Chapter 112.181: ■ Disability or death resulting from a condition or impairment of health that is caused by hepatitis, meningococcal meningitis,tuberculosis, hypertension or heart disease resulting in a member being determined to be wholly prevented from rendering useful and efficient service as a firefighter, and likely to remain so disabled continuously and permanently shall be presumed to have been accidental and suffered in the line of duty unless the contrary is shown by competent evidence. The following benefit changes will not have an impact on the Plan because the changes only apply to future hires and the DROP interest crediting rate is assumed to be the same rate earned by the Plan's investments. • A"Consolidated Deferred Retirement Option Plan" shall be created and applied to members hired on or after January 21, 2020. Benefit provisions for the Consolidated DROP that defer from the current DROP include the following: ■ Members in the Consolidated Deferred Retirement Option Plan earn interest credited on their DROP account balance at the same rate earned by the Plan, no less than 0%and no more than 8%. Changes in Actuarial Assumptions and Methods In conjunction with the proposed benefit changes,the proportion of disabilities that are assumed to be service-connected (versus non-service connected)was increased from 75%to 85%. All other actuarial assumptions and methods are the same as those used in the October 1, 2018 Actuarial Valuation Report. Some of the key assumptions/methods are: Investment Return — 7.50% Salary Increase — 3.5%to 14.5% per year depending on service Cost Method — Entry Age Normal Prepared by Gabriel,Roeder,Smith and Company January 16,2020 Page 9 of 14 Page 157 of 167 Amortization Period for Any Change in Actuarial Accrued Liability 25 years Summary of Data Used in Report See attached page. Actuarial Impact of Proposal(s) See attached page(s). Special Risks Involved with the Changes That the Plan Has Not Been Exposed to Previously None Prepared by Gabriel,Roeder,Smith and Company January 16,2020 Page 10 of 14 Page 158 of 167 ACTUARIALLY DETERMINED EMPLOYER CONTRIBUTION (ADEC) A. Valuation Date October 1,2018 October 1,2018 Valuation Proposed Increase Ordinance (Decrease)from Valuation B. ADEC to Be Paid During Fiscal Year Ending 9/30/2020 9/30/2020 C. Assumed Date of Employer Contrib. 10/1/2019 10/1/2019 D. Annual Payment to Amortize Unfunded Actuarial Liability $ 3,593,023 $ 3,618,170 $ 25,147 E. Employer Normal Cost 2,230,990 2,268,699 37,709 F. ADEC if Paid on the Valuation Date: D+E 5,824,013 5,886,869 62,856 G. ADEC Adjusted for Frequency of Payments 5,824,013 5,886,869 62,856 H. ADEC as%of Covered Payroll 56.03 % 56.64 % 0.61 % I. Covered Payroll per Valuation 10,393,865 10,393,865 0 J. Assumed Rate of Increase in Covered Payroll to Contribution Year 2.50 % 2.50 % 0.00 % K. Covered Payroll for Contribution Year 10,653,712 10,653,712 0 L. ADEC for Contribution Year:H x K 5,969,275 6,034,262 64,987 M. State Revenue to be Allocated in Contribution Year(including amounts from Accumulated Exess Reserve) 1,062,385 1,062,385 0 N. Required Employer Contribution in Contribution Year:L-M 4,906,890 4,971,877 64,987 O. ADEC as%of Covered Payroll in Contribution Year:N_K 46.06 % 46.67 % 0.61 % P. Amount of Accumulated Excess Premium Tax Revenue Used to Offset ADEC (Actual 2019 State Revenue=$830,904) 231,481 231,481 0 Prepared by Gabriel,Roeder,Smith and Company January 16,2020 Page 11 of 14 Page 159 of 167 ACTUARIAL VALUE OF BENEFITS AND ASSETS A. Valuation Date October 1,2018 October 1,2018 Valuation Proposed Increase Ordinance (Decrease)from Valuation B. Actuarial Present Value of All Projected Benefits for 1. Active Members a.Service Retirement Benefits $ 67,200,213 $ 67,671,847 $ 471,634 b.Vesting Benefits 4,079,340 4,079,340 0 c.Disability Benefits 1,820,028 11888,992 68,964 d.Preretirement Death Benefits 692,568 829,073 136,505 e.Return of Member Contributions 152,268 150,165 (2,103) f.Total 73,944,417 74,619,417 675,000 2. Inactive Members a.Service Retirees&Beneficiaries 86,816,665 86,816,665 0 b.Disability Retirees 1,696,135 1,696,135 0 c.Terminated Vested Members 898,572 898,572 0 d.Total 89,411,372 89,411,372 0 3. Total for All Members 163,355,789 164,030,789 675,000 C. Actuarial Accrued(Past Service) Liability per GASB No.25 136,944,352 137,320,646 376,294 D. Actuarial Value of Accumulated Plan Benefits per FASB No.35 N/A N/A N/A E. Plan Assets 1. Market Value 95,986,708 95,986,708 0 2. Actuarial Value 91,627,599 91,627,599 0 F. Unfunded Actuarial Accrued Liability: 45,316,753 45,693,047 376,294 G. Actuarial Present Value of Projected Covered Payroll 83,828,577 83,828,577 0 H. Actuarial Present Value of Projected Member Contributions 10,059,429 10,059,429 0 I. Accumulated Value of Member Contributions 10,119,252 10,119,252 0 J. Funded Ratio:E2/C 66.9 % 66.7 % (0.2) % Prepared by Gabriel,Roeder,Smith and Company January 16,2020 Page 12 of 14 Page 160 of 167 CALCULATION OF EMPLOYER NORMAL COST A. Valuation Date October 1,2018 October 1,2018 Valuation Proposed Increase Ordinance (Decrease)from Valuation B. Normal Cost for 1. Service Retirement Benefits $ 2,843,729 $ 2,863,630 $ 19,901 2. Vesting Benefits 259,431 259,431 0 3. Disability Benefits 149,319 159,752 10,433 4. Preretirement Death Benefits 38,432 46,244 7,812 5. Return of Member Contributions 41,053 40,616 (437) 6. Total for Future Benefits 3,331,964 3,369,673 37,709 7. Assumed Amount for Administrative Expenses 146,290 146,290 0 8. Total Normal Cost 3,478,254 3,515,963 37,709 As%of Covered Payroll 33.46 % 33.83 % 0.37 % C. Expected Member Contribution 1,247,264 1,247,264 0 As%of Covered Payroll 12.00 % 12.00 % 0.00 % D. Net Employer Normal Cost:B8-C 2,230,990 2,268,699 37,709 As%of Covered Payroll 21.46 % 21.83 % 0.37 % Prepared by Gabriel,Roeder,Smith and Company January 16,2020 Page 13 of 14 Page 161 of 167 PARTICIPANT DATA October 1, 2018 October 1, 2018 Valuation Proposed Ordinance ACTIVE MEMBERS Number 113 113 Covered Annual Payroll $ 10,393,865 $ 10,393,865 Average Annual Payroll $ 91,981 $ 91,981 Average Age 38.8 38.8 Average Past Service 10.9 10.9 Average Age at Hire 27.9 27.9 RETIREES, BENEFICIARIES& DROP Number 117 117 Annual Benefits $ 6,886,410 $ 6,886,410 Average Annual Benefit $ 58,858 $ 58,858 Average Age 61.9 61.9 DISABILITY RETIREES Number 2 2 Annual Benefits $ 113,033 $ 113,033 Average Annual Benefit $ 56,517 $ 56,517 Average Age 48.8 48.8 TERMINATED VESTED MEMBERS Number 2 2 Annual Benefits $ 74,494 $ 74,494 Average Annual Benefit $ 37,247 $ 37,247 Average Age 43.6 43.6 Prepared by Gabriel,Roeder,Smith and Company January 16,2020 Page 14 of 14 Page 162 of 167 13.A. FUTURE AGENDA ITEMS 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Discuss Local Septic Tank Inspection Program- February 18, 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 163 of 167 13.B. FUTURE AGENDA ITEMS 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Discuss purchase and sale agreement for Nichols property - February 18, 2020. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 164 of 167 13.C. FUTURE AGENDA ITEMS 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Approve proposed amendments to IPUD, Infill Planned Unit Development zoning district (CDRV 20-001) - Amending the LAND DEVELOPMENT REGULATIONS: (1) Chapter 1. General Administration, Article 11. Definitions and Article III. Relationship to Comprehensive Plan; and (2) Chapter 3. Zoning, Article I. Overview, Article 111. Zoning Districts and Overlays, Article IV. Use Regulations and Article V. Supplemental Regulations, to establish IPUD as a zoning district corresponding to the High Density Residential (HDR) Future Land Use classification, and to eliminate R-4, Multi Family district from the list of residential zoning districts. Applicant: City-initiated. - February 18, 2020 Explanation of Request: The 2016 Boynton Beach CRA Community Redevelopment Plan defined 6 (six) CRA planning districts, with district-specific design standards, and introduced a number of changes to the structure of the future land use (FLU) classifications and corresponding zoning districts. One of the modifications to the structure of the future land use (FLU) classifications was the establishment of a new"High Density Residential" (HDR) category with a maximum density of 15 dwelling units per acre (du/ac), along with a new corresponding zoning district, R-4, Multi-family Residential. The intention was to bridge the large density gap between the existing classifications of Medium Density Residential, (MDR, 11 du/acre) and Special High Density Residential (SHDR, 20 du/acre). Currently, the two residential FLU classifications with the highest densities are the aforementioned HDR and SHDR categories. Both can be used with the Planned Unit Development district(PUD) zoning citywide as appropriate. The HDR classification is also applicable citywide with its corresponding R-4 district, while SHDR with the corresponding Infill Planned Unit Development (IPUD) district is limited to areas east of Interstate 95. Staff proposes to: • Eliminate the R-4 designation, and • Add IPUD as a zoning district under the High Density Residential FLU. If the proposed amendment is approved, the HDR/IPUD combination would only be available—similarly to SHDR/IPUD—east of 1-95. The IPUD zoning district is intended to meet infill redevelopment needs in areas east of 1-95. Since the requirement of a 3-acre minimum project area was eliminated in 2019, the I PUD designation has been available for much smaller redevelopment sites, often adjacent to low density residential neighborhoods. The proposed amendment allows I PUD to be used with HDR, a land use classification with a maximum density of 15 du/acre significantly lower than the 20 du/acre of the SHDR, the only FLU category that can now be paired with IPUD. Moreover, IPUD would replace R-4; unlike R-4, which is a conventional district governed by simple numerical parameters, I PUD includes design standards that go beyond the basics in terms of site design, architecture and landscape and thus can provide a better transition to adjacent developments, more effectively minimizing projects' adverse impacts while providing for an improved project design. Please note that the CRA Plan includes site-specific FLU recommendations, including those for HDR Page 165 of 167 classification, for its entire area. However, no property has been reclassified to HDR category since its inception. Elimination of the R-4 district will have therefore no impact on the properties on the ground, since none are currently zoned R-4. How will this affect city programs or services? No impact on City programs or services Fiscal Impact: None Alternatives: No alternatives recommended Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: Page 166 of 167 13.D. FUTURE AGENDA ITEMS 2/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/4/2020 Requested Action by Commission: Mayor Grant would like to invite the Central Palm Beach Chamber to a future Commission meeting to discuss their membership benefits- March 3, 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 167 of 167